ECJ 1. Sugar which is in transit between one approved warehouse and another does not fulfil the requirement as to storage in a warehouse within the meaning of article 3(1) of regulation no 1358/77 laying down general rules for offsetting storage costs for sugar.
The special rule contained in article 11(1) of regulation no 1998/78, which provides that reimbursement of storage costs shall be granted for sugar which is in transit at the beginning of the month, must not be regarded as merely interpreting the above-mentioned article 3(1) to the effect that sugar in transit between approved warehouses fulfils, in principle, the requirement that the product be stored in a warehouse.
2. Discrimination consists in treating differently situations which are identical, or treating in the same way situations which are different.
3. The fact that reimbursement is granted in respect of storage costs for sugar which, at the beginning of the month, is in transit between two approved warehouses situated in the same member state but is not granted in respect of sugar which is in transit between two approved warehouses situated in different member states does not amount to discrimination prohibited by community law. The difference of treatment is based on requirements of supervision which may be justified objectively.
Citations:
R-8/82, [1983] EUECJ R-8/82
Links:
European
Updated: 21 June 2022; Ref: scu.215139