(08) 465 93 Atlanta en, Europeistyka II rok Prawo UE, Ćwiczenia
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ATLANTA FRUCHTHANDELSGESELLSCHAFT (Ι) ν BUNDESAMT FÜR ERNÄHRUNG UND FORSTWIRTSCHAFT
JUDGMENT OF THE COURT
9 November 1995 *
In Case C-465/93,
REFERENCE to the Court under Article 177 of the EC Treaty by the Verwal-
tungsgericht Frankfurt am Main, Germany, for a preliminary ruling in the pro-
ceedings pending before that court between
Atlanta Fruchthandelsgesellschaft mbH and Others
and
Bundesamt für Ernährung und Forstwirtschaft,
on the interpretation of Article 189 of the EC Treaty, and more particularly on the
national court's power to order interim measures disapplying a regulation pending
a preliminary ruling by the Court on its validity,
THE COURT,
composed of: G. C. Rodríguez Iglesias, President, C. N. Kakouris,
D. A. O. Edward, J.-P. Puissochet and G. Hirsch (Presidents of Chambers),
G. F. Mancini, F. A. Schockweiler (Rapporteur), J. C. Moitinho de Almeida,
P. J. G. Kapteyn, C. Gulmann, J. L. Murray, P. Jann and H. Ragnemalm, Judges,
* Language of the case: German.
Ι-3781
JUDGMENT OF 9. 11. 1995 — CASE C-465/93
Advocate General: M. B. Elmer,
Registrar: H. A. Rühi, Principal Administrator,
after considering the written observations submitted on behalf of:
— Atlanta Fruchthandelsgesellschaft mbH and Others, by E. A. Undritz and
G. Schohe, Rechtsanwälte, Hamburg,
— the German Government, by E. Röder, Ministerialrat in the Federal Ministry
of Economic Affairs, and B. Kloke, Regierungsrat in that Ministry, acting as
Agents,
— the Spanish Government, by A. Navarro Gonzalez, Director-General of Com-
munity Legal and Institutional Coordination, and Rosario Silva de Lapuerta,
Abogado del Estado, of the State Legal Service, acting as Agents,
— the French Government, by C. de Salins, Deputy Director in the Legal Affairs
Department of the Ministry of Foreign Affairs, and N. Eybalin, Secretary for
Foreign Affairs in that Department, acting as Agents,
— the Italian Government, by U. Leanza, Head of the Legal Department of the
Ministry of Foreign Affairs, and P. G. Ferri, Avvocato dello Stato, acting as
Agents,
— the United Kingdom, by S. L. Hudson, Assistant Treasury Solicitor, acting as
Agent, and E. Sharpston, Barrister,
— the Commission of the European Communities, by U. Wölker, of its Legal Ser-
vice, acting as Agent,
having regard to the Report for the Hearing,
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ATLANTA FRUCHTHANDELSGESELLSCHAFT (Ι) ν BUNDESAMT FÜR ERNÄHRUNG UND FORSTWIRTSCHAFT
after hearing the oral observations of Atlanta Fruchthandelsgesellschaft mbH and
Others, the German Government, the Spanish Government, the United Kingdom
and the Commission at the hearing on 28 March 1995,
after hearing the Opinion of the Advocate General at the sitting on 5 July 1995,
gives the following
Judgment
1
By order of 1 December 1993 received at the Court Registry on 14 December
1993, the Verwaltungsgericht (Administrative Court) Frankfurt am Main referred
to the Court for a preliminary ruling under Article 177 of the EC Treaty two
questions on the interpretation of Article 189 of the EC Treaty, and more partic-
ularly on the national court's power to order interim measures disapplying a regu-
lation pending a preliminary ruling by the Court on its validity.
2
Those questions arose in proceedings between Atlanta Fruchthandelsgesellschaft
mbH and 17 other companies in the Atlanta group (hereinafter 'the Atlanta com-
panies') and the Bundesamt für Ernährung und Forstwirtschaft (Federal Office of
Food and Forestry, hereinafter 'the Bundesamt') on the allocation of import quotas
for third-country bananas.
3
Council Regulation (EEC) No 404/93 of 13 February 1993 on the common orga-
nization of the market in bananas (OJ 1993 L 47, p. 1, hereinafter 'the Regulation')
established from 1 July 1993 a common import regime replacing the various
national arrangements.
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JUDGMENT OF 9. 11. 1995 — CASE C-465/93
4
Title IV of the Regulation, on trade with third countries, provides in Article
18 that a tariff quota of two million tonnes (net weight) is to be opened each year
for imports of third-country bananas and non-traditional ACP bananas. Within
the framework of that quota, imports of non-traditional ACP bananas are to be
subject to a zero duty and imports of third-country bananas to a levy of ECU
100 per tonne. Outside that quota, imports of non-traditional ACP bananas are to
be subject to a levy of ECU 750 per tonne and imports of third-country bananas
to a levy of ECU 850 per tonne.
5
Article 19(1) subdivides the tariff quota: 66.5% is to be opened to the category of
operators who have marketed third-country and/or non-traditional ACP bananas,
30% to the category of operators who have marketed Community and/or tradi-
tional ACP bananas, and 3.5% to the category of operators established in the
Community who have started marketing bananas other than Community and/or
traditional ACP bananas from 1992.
6
Article 21(2) of the Regulation discontinues the annual duty-free import quota for
bananas enjoyed by the Federal Republic of Germany under the Protocol annexed
to the Implementing Convention on the Association of the Overseas Countries
and Territories with the Community provided for in Article 136 of the Treaty.
7
In accordance with the Community legislation, the Atlanta companies, which were
traditional importers of third-country bananas, received from the Bundesamt pro-
visional import quotas for third-country bananas for the period from 1 July to
30 September 1993.
8
Since they considered that the Regulation had limited their import possibilities, the
Atlanta companies lodged complaints with the Bundesamt.
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ATLANTA FRUCHTHANDELSGESELLSCHAFT (Ι) ν BUNDESAMT FÜR ERNÄHRUNG UND FORSTWIRTSCHAFT
9
The Atlanta companies brought an action against the decisions rejecting those
complaints before the Verwaltungsgericht Frankfurt am Main.
10 Since the Verwaltungsgericht shared the Atlanta companies' doubts as to the valid-
ity of the Regulation, by a first order, made on 1 December 1993, it stayed the pro-
ceedings pending a preliminary ruling by the Court of Justice on its validity (Case
C-466/93).
11 The Atlanta companies sought interim relief from the Verwaltungsgericht in the
form of an order that the Bundesamt grant additional import licences for third-
country bananas for the second half of 1993, over and above the quantities already
allocated, until the Court of Justice's decision in the proceedings for a preliminary
ruling on the question of validity.
12 By a second order, which was also made on 1 December 1993 and is the origin of
the present reference for a preliminary ruling, the Verwaltungsgericht asked the
Court to rule on the following questions:
'1 May a national court which entertains serious doubts as to the validity of a
Community regulation, and has therefore referred the question of the validity
of the Community regulation to the Court of Justice under the preliminary-
ruling procedure, by making an interim order provisionally settle or regulate
the disputed legal positions or relationships, with reference to an administra-
tive act of a national authority based on the Community regulation in respect
of which the reference has been made, for the period until the Court of Justice
gives its ruling?
I - 3785
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