Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Zuckerfabrik Julich AG v Hauptzollamt Aachen, [2012] EUECJ C-113/10 (22 November 2012)
URL: http://www.bailii.org/eu/cases/EUECJ/2012/C11310_O.html
Cite as: [2012] EUECJ C-113/10, EU:C:2012:591, [2012] All ER (D) 174

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ORDER OF THE COURT (Fourth Chamber)

22 November 2012 (*)

(Rectification of the judgment)

In Joined Cases C-113/10 REC, C-147/10 REC and C-234/10 REC,

REFERENCES for a preliminary ruling under Article 267 TFEU from the Finanzgericht Düsseldorf (C-113/10) (Germany), the High Court of Justice (England and Wales), Chancery Division (C-147/10) (United Kingdom) and the Tribunal de grande instance de Nanterre (C-234/10) (France), made by decisions of 22 February, 12 March and 6 May 2010 respectively, received at the Court on 2 and 29 March and 12 May 2010, in the proceedings

Zuckerfabrik Jülich AG (C-113/10)

v

Hauptzollamt Aachen,

British Sugar plc (C-147/10)

v

Rural Payments Agency, an Executive Agency of the Department for Environment, Food & Rural Affairs,

and

Tereos – Union de coopératives agricoles à capital variable (C-234/10)

v

Directeur général des douanes et droits indirects,

Receveur principal des douanes et droits indirects de Gennevilliers,

THE COURT (Fourth Chamber),

composed of L. Bay Larsen (Rapporteur), acting as President of the Fourth Chamber, J.-C. Bonichot and C. Toader, Judges,

Advocate General: E. Sharpston,

Registrar: A. Calot Escobar,

after hearing the Advocate General,

makes the following

Order

1        On 27 September 2012, the Court (Fourth Chamber) delivered its judgment in Joined Cases C-113/10, C-147/10 and C-234/10 Zuckerfabrik Jülich and Others, not yet published in the ECR.

2        Paragraph 54 of the grounds and point 1 of the operative part of the English version of that judgment contain an error which it is appropriate for the Court to rectify of its own motion pursuant to Article 103(1) of its Rules of Procedure.

On those grounds, the Court (Fourth Chamber) hereby orders:

1.      Paragraph 54 of the grounds of the English version of the judgment of 27 September 2012 in Joined Cases C-113/10, C-147/10 and C-234/10 Zuckerfabrik Jülich and Others shall be rectified as follows:

‘In the light of the foregoing, the answer to the single question in Case C-113/10, the first question in Case C-147/10 and the two questions in Case C-234/10 must be that the provisions of Regulation No 1193/2009 are invalid, other than those of Article 3 which have already been annulled as a result of the annulment, by the judgment of the General Court in Case T-4/06 Poland v Commission, of Article 2 of Regulation No 1686/2005.’

2.      Point 1 of the operative part of the English version of that judgment shall be rectified as follows:

‘The provisions of Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006 are invalid, other than those of Article 3 which have already been annulled as a result of the annulment, by the judgment of the General Court of the European Union of 29 September 2011 in Case T-4/06 Poland v Commission, of Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year.’

3.      The original of this order shall be annexed to the original of the rectified judgment. A note of the order shall be made in the margin of the original of the judgment.

[Signatures]

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* Languages of the case: German, English and French.

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