The dispute before the French State Council, opposing the successful bidder of a European market for the provision of transport of agricultural products from France to the Russian Federation to the national intervention agency about ending the holdback of the guarantee fund made by the contractor, raises a question of competence which forced the French High Court to refer to the Court for a preliminary ruling. The referring court asks whether, under Article 16 of Regulation (EC) No 111/1999 of January 18th 1999 laying down the general rules for implementing Regulation (EC) No 2802/98 of the Council on a program to supply agricultural products to the Russian Federation (OJ L 14, January 19th 1999, p. 3), the compensation for damage arising from a delay in the ending the holdback of the guarantee fund the Contractor would be within the exclusive jurisdiction of the Court.
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