Judgment of the Court (Eighth Chamber) of 5 June 2008 (reference for a preliminary ruling from the Corte Suprema di Cassazione — Italy) — Industria Lavorazione Carni Ovine Srl v Regione Lazio

(Case C-534/06) (1)

(Common agricultural policy - EAGGF - Article 13 of Regulation (EEC) No 866/90 - Exclusion of investments relating to the processing of products from third countries - Principle of proportionality)

(2008/C 183/04)

Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings

Applicant: Industria Lavorazione Carni Ovine Srl

Defendant: Regione Lazio

Re:

Reference for a preliminary ruling — Corte suprema di cassazione — Interpretation of Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (OJ 1990 L 91, p. 1) — Exclusion of investments in the marketing and/or processing of products from third countries — Exclusion in the case of investments which also concern products from Member States, complying with the specific programme under which the financing was obtained

Operative part of the judgment

On a proper construction of Article 13 of Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products, in circumstances such as those of the case in the main proceedings, payment of financial assistance is not excluded in cases of the marketing or processing of products including products originating beyond the territory of the Community, when the specific programme for which that financial assistance was granted has been observed, in so far as products originating within the Community have been marketed or processed in the quantities provided for.

(1)  OJ C 42, 24.2.2007.