Judgment of the Court (First Chamber) of 4 December 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Glencore Grain Rotterdam BV v Hauptzollamt Hamburg-Jonas

(Case C-391/07) (1)

(Regulation (EC) No 800/1999 - Export refunds on agricultural products - Article 16 - Differentiated refund - Proof that customs formalities for importation have been completed - Production of a copy or photocopy of the transport documents - Regulation (EC) No 1501/95 - Granting of export refunds on cereals - Article 13 - Derogation from Article 16 of Regulation (EC) No 800/1999)

(2009/C 19/10)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Glencore Grain Rotterdam BV

Defendant: Hauptzollamt Hamburg-Jonas

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg — Interpretation of the second paragraph of Article 13 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (OJ 1995 L 147, p. 7) — Simplified procedure: obligation to produce transport documents

Operative part of the judgment

Article 13 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals, as amended by Commission Regulation (EC) No 1259/97 of 1 July 1997, must be interpreted as meaning that the fact that the operator provides proof that a quantity of at least 1 500 tonnes of cereal product has left the customs territory of the European Community on board a vessel suitable for sea transport does not release him from the obligation laid down in Article 16(3) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products to produce a copy or a photocopy of the transport documents.

(1)  OJ C 269, 10.11.2007.