Regulation No 1626/85 on protective measures applicable to imports of certain Morello cherries, as amended in the German, Greek, English, French, Italian and Dutch versions by Regulation No 1712/85, must be interpreted as meaning that the countervailing charge for which it provides in the event of the minimum import price not being respected cannot be levied if the importer has bought the goods from an intermediary who is not established in the country of origin of the goods, where it is certain that both the price paid by the importer to the intermediary and that importer’ s subsequent resale price exceed the minimum price. In such a case, the purpose of Regulation No 1626/85, which is to protect the Community market from the sale of imported products at abnormally low prices, is achieved.
Citations:
C-81/92, [1993] EUECJ C-81/92
Links:
Jurisdiction:
European
Customs and Excise
Updated: 21 June 2022; Ref: scu.160893