«(Poultrymeat – Export refunds – Failure to refer a question for a preliminary ruling – Final administrative decision – Effect of a preliminary ruling given by the Court after that decision – Legal certainty – Primacy of Community law – Principle of cooperation – Article 10 EC)»

Member States – Obligations – Obligation of cooperation – Obligation on an administrative body to review a final administrative decision in order to take account of the interpretation of the relevant provision given in the meantime by the Court – Conditions (Arts 10 EC and 234(3) EC) The principle of cooperation arising from Article 10 EC imposes on an administrative body an obligation to review a final administrative decision, where an application for such review is made to it, in order to take account of the interpretation of the relevant provision given in the meantime by the Court where:

see para. 28, operative part

JUDGMENT OF THE COURT 13 January 2004 (1)

((Poultrymeat – Export refunds – Failure to refer a question for a preliminary ruling – Final administrative decision – Effect of a preliminary ruling given by the Court after that decision – Legal certainty – Primacy of Community law – Principle of cooperation – Article 10 EC))

In Case C-453/00,

REFERENCE to the Court under Article 234 EC by the College van Beroep voor het bedrijfsleven (Netherlands) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Community law and, in particular, the principle of cooperation arising from Article 10 EC,

THE COURT,,

composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans, C. Gulmann and J.N. Cunha Rodrigues, Presidents of Chambers, A. La Pergola, J.-P. Puissochet, R. Schintgen, F. Macken, N. Colneric (Rapporteur) and S. von Bahr, Judges,

Advocate General: P. Léger,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Kühne & Heitz NV, represented by A.J. Braakman, of the Netherlands Government, represented by H.G. Sevenster and J.G.M. van Bakel, acting as Agent, of the French Government, represented by R. Abraham and C. Isidoro, acting as Agents, of the Commission, represented by T. van Rijn, and of the EFTA Surveillance Authority, represented by B. Eiríksdóttir, at the hearing on 9 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 17 June 2003,

gives the following

...Article 8:88

On those grounds,

THE COURT,

in answer to the question referred to it by the College van Beroep voor het bedrijfsleven by order of 1 November 2000, hereby rules:

Skouris

Jann

Timmermans

Gulmann

Cunha Rodrigues

La Pergola

Puissochet

Schintgen

Macken

Colneric

von Bahr

Delivered in open court in Luxembourg on 13 January 2004.

R. Grass

V. Skouris

Registrar

President