Parties
In Case C-201/90,
REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale Civile e Penale (Civil and Criminal Court), Trieste, First Civil Chamber, for a preliminary ruling in the proceedings pending before that court between
Gio Buton SpA and Vinicola Europea SpA
and
Amministrazione delle Finanze dello Stato (State Finance Administration) and Ricevitore Capo della Dogana di Trieste (Chief Customs Collection Officer, Trieste),
on the validity and interpretation 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 (OJ L 238, p. 16), and Commission Regulation (EEC) No 644/85 of 12 March 1985 amending Regulation No 2541/84 (OJ L 73, p. 15),
THE COURT (First Chamber),
composed of: G.C. Rodríguez Iglesías, President of the Chamber, Sir Gordon Slynn and R Joliet, Judges,
(The grounds of the judgment are not reproduced.)
in answer to the questions referred to it by the Tribunale Civile e Penale, Trieste, First Civil Chamber, by order of 9 May 1990, hereby rules:
Operative part
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 and Commission Regulation (EEC) No 644/85 of 12 March 1985 amending Regulation (EEC) No 2541/84.
2. The countervailing charge provided for in Regulation (EEC) No 2541/84 must be levied on ethyl alcohol which is processed within a free zone and becomes part of a finished product which is to be sent to another Member State, and which has not been placed under any special customs procedure other than customs supervision.