Order of the Court (Sixth Chamber) of 6 October 2008. – SA des sucreries de Fontaine-le-Dun-Bolbec-Auffay (SAFBA) and Others v Directeur général des douanes et droits indirects and Receveur principal des douanes et droits indirects de Gennevilliers.

Subject of the case

Re:

Reference for a preliminary ruling – Tribunal de grande instance de Nanterre – Validity, having regard to Article 15 of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (OJ 2001 L 178, p. 1), and the principles of proportionality and non-discrimination, of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector (OJ 2002 L 50, p. 40) – Validity, having regard to Regulations (EC) No 1260/2001 and 314/2002, 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 (OJ 2005 L 271, p. 12) – Production levies including quantities of sugar contained in processed products, exported without benefit of export refunds.

Operative part

1. Examination of Article 6(4) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector, as amended by Commission Regulation (EC) No 38/2004 of 9 January 2004, in so far as that provision does not, with regard to calculation of the production levy, provide for exclusion from the exportable surplus of the quantities of sugar contained in exported processed products for which no export refund has been granted has not shown that there are factors liable to affect its validity.

2. 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 is invalid.