61990C0201

Opinion of Mr Advocate General Mischo delivered on 7 March 1991. - Gio Buton and Vinicola Europea SpA v Amministrazione delle finanze dello Stato. - Reference for a preliminary ruling: Tribunale civile e penale di Trieste - Italy. - Ethyl alcohol of agricultural origin - Countervailing charge. - Case C-201/90.

European Court reports 1991 Page I-02453
Pub.RJ Page Pub somm


Opinion of the Advocate-General


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Mr Advocate General Jean Mischo delivered his Opinion on 7 March 1991. (*) He proposed that the Court should rule as follows:

"1. Consideration of the first question has disclosed no factor of such a kind as to affect the validity of Commission Regulation (EEC) No 2541/84 of 4 September 1984 fixing a countervailing charge on imports into other Member States of ethyl alcohol of agricultural origin produced in France, as amended by Commission Regulation (EEC) No 644/85 of 12 March 1985.

2. Regulation (EEC) No 2541/84 must be interpreted as meaning that a countervailing charge has to be levied on alcohol processed into a finished product in a free zone without being subjected to a special customs procedure and which is intended to circulate within the Community."

(*) Original language: French.