Judgment_paragraph 21 · Fleisch-Winter GmbH & Co. KG v Hauptzollamt Hamburg-Jonas (C-309/04)

21The fact that the marketability of the product in ‘normal conditions’ is an aspect inherent in the concept of ‘sound and fair marketable quality’ is indeed clearly apparent from the rules relating to export refunds for agricultural products inasmuch as, from Regulation No 1041/67 onwards, all the relevant regulations have adopted the concept of ‘sound and fair marketable quality’ as well as the criterion of the product's marketability ‘in normal conditions’. As regards Regulation No 3665/87, it is the ninth recital which refers to that requirement (see, to that effect, SEPA, paragraphs 23 and 26).

Fleisch-Winter GmbH & Co. KG v Hauptzollamt Hamburg-Jonas (C-309/04)

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