Casa Fleischhandels-GmbH v Bundesanstalt für landwirtschaftliche Marktordnung (215/88)

Judgment of 13 Jul 1989

law://eu/cjeu/1988/c-215-88/para_7@2026-11-13

7Casa appealed on a point of law to the Bundesverwaltungsgericht (Federal Administrative Court), which decided to stay the proceedings until the Court of Justice had given a preliminary ruling on the following questions:1. Must the expression “quantity placed in store” in the first sentence of Article 9(3) of Regulation (EEC) No 2711/75 of the Commission of 24 October 1975 be interpreted as covering only the quantity placed in store that is eligible for aid?2. What is the legal relationship between the provisions set out below, and in particular:(a) Was the rule contained in Article 2(2) of Regulation (EEC) No 1071/68 of the Commission of 25 July 1968 (“not more than six days previously”) revoked(aa) either specifically as regards the granting of aid at a standard rate fixed in advance, by the different rule laid down in Article 5 of Regulation (EEC) No 2778/74 of the Commission of 31 October 1974 (“not more than 10 days previously”),(bb) or in general by the different rule laid down in Article 5 of Regulation (EEC) No 1860/75 of the Commission of 18 July 1975 (“not more than 10 days previously”)and is it therefore partly or wholly invalid?(b) Was the abovementioned rule laid down in Article 5 of Regulation (EEC) No 2778/74 revoked(aa) either by the identical rule contained in Article 5 of Regulation (EEC) No 2711/75 of the Commission of 24 October 1975 (“not more than 10 days previously”),(bb) or by Regulation (EEC) No 1500/76 of the Commission of 25 june 1976?(c) If the answer to Question 2(b)(aa) or Question 2(b)(bb) is yes:Was the rule in Article 5 of Regulation (EEC) No 2711/75 revoked by Regulation (EEC) No 1500/76?(d) If the answer to Question 2(a)(aa) and Question 2(a)(bb) is no and the answer to either Question 2(b)(bb) or Question 2(c) is yes:Did the rule in Article 2(2) of Regulation (EEC) No 1071/68 once again become applicable to the granting of aid at a standard rate fixed in advance when Regulation (EEC) No 1500/76 entered into force?3. If the answer to Question 2(a)(aa) or Question 2(a)(bb) is yes or the answer to Question 2(b)(bb) or Question 2(c) is no:Were the Member States entitled to stipulate, in storage contracts concluded pursuant to Article 1(3) of Regulation (EEC) No 989/68 of the Council of 15 July 1968, another period different from the period of 10 days laid down in an EEC regulation, and in particular a shorter period such as a period of only six days, with the result that if such shorter period is not complied with there will be no right to the payment of aid?’

Casa Fleischhandels-GmbH v Bundesanstalt für landwirtschaftliche Marktordnung (215/88)

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