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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Azienda Agricola Ettore Ribaldi (Agriculture) [2004] EUECJ C-489/00 (25 March 2004) URL: https://www.bailii.org/eu/cases/EUECJ/2004/C48900.html Cite as: [2004] EUECJ C-489/00, [2004] EUECJ C-489/ |
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JUDGMENT OF THE COURT (Sixth Chamber)
25 March 2004
(1)
(Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers)
In Joined Cases C-480/00 to 482/00, C-484/00, C-489/00 to C-491/00 and C-497/00 to C-499/00, REFERENCE to the Court under Article 234 EC by the Tribunale amministrativo regionale del Lazio (Italy) for a preliminary ruling in the proceedings pending before that court between Azienda Agricola Ettore Ribaldi and Azienda di Stato per gli interventi nel mercato agricolo (AIMA), Ministero del Tesoro, del Bilancio e della Programmazione Economica, on the interpretation and validity of Articles 1, 2 and 4 of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (OJ 1992 L 405, p. 1), and of Articles 3 and 4 of Commission Regulation (EEC) No 536/93 of 9 March 1993 laying down detailed rules on the application of the additional levy on milk and milk products (OJ 1993 L 57, p. 12),THE COURT (Sixth Chamber),
after considering the written observations submitted on behalf of:
- Azienda Agricola Ettore Ribaldi, by E. Ermondi, avvocatessa, - D. Buttiglione and Others, by G.R. Notarnicola and M. de Stasio, avvocati, - Azienda Agricola Ettore Raffa and Others, by C. Verticale, M. Condinanzi and B. Nascimbene, avvocati, - C. Balestreri, by C. Verticale, M. Condinanzi and B. Nascimbene, avvocati, - Azienda Agricola 'Corte delle Piacentine' and Others, by R. Corradi, avvocato, - Cesare and Michele Filippi ss, by M. Aldegheri, avvocatessa, - Cooperativa Produttori Latte della Lessinia arl, by M. Aldegheri, avvocatessa, - Azienda Agricola Simone e Stefano Gonal di Gonzato, by F. Gabrieli and F. Volpe, avvocati, - Azienda Agricola Gianluigi Cerati e Maria Ceriali ss, by G. Pizzoccaro and S. Bernocchi, avvocati, - N. Musini, acting for Azienda Agricola Tenuta di Fassia, by M. Nicolini, B. Nascimbene and M. Condinanzi, avvocati, - the Italian Government, by I.M. Braguglia, acting as Agent, assisted by O. Fiumara and G. Aiello, avvocati dello Stato, - the Council of the European Union, by J. Carbery and F. Ruggeri Laderchi, acting as Agents, - the Commission of the European Communities, by M. Niejahr and L. Visaggio, acting as Agents,having regard to the Report for the Hearing,
after hearing the oral observations of Azienda Agricola Ettore Ribaldi, represented by E. Ermondi, of D. Buttiglione and Others, represented by G.R. Notarnicola and M. de Stasio, of Azienda Agricola Ettore Raffa and Others, C.Balestreri and N.Musini, acting for Azienda Agricola Tenuta di Fassia, represented by M. Condinanzi and B. Nascimbene, of Azienda Agricola 'Corte della Piacentine' and Others, represented by R. Corradi and M. Tomaselli, avvocato, of Cesare e Michele Filippi ss and Cooperativa Produttori Latte della Lessinia arl, represented by M. Aldegheri, of Azienda Agricola Simone e Stefano Gonal di Gonzato, represented by F. Volpe, F. Gabrieli and F. Piazza, avvocato, of Azienda Agricola Gianluigi Cerati e Maria Ceriali ss, represented by S. Bernocchi, of the Italian Government, represented by O. Fiumara, of the Greek Government, represented by G. Kanellopoulos, acting as Agent, of the Council, represented by F. Ruggeri Laderchi, and of the Commission, represented by C. Cattabriga, acting as Agent, at the hearing on 12 December 2002,
after hearing the Opinion of the Advocate General at the sitting on 8 May 2003,
gives the following
'For seven new consecutive periods of twelve months commencing on 1 April 1993, an additional levy shall be payable by producers of cows' milk on quantities of milk or milk equivalent delivered to a purchaser or sold directly for consumption during the 12-month period in question in excess of a quantity to be determined. The levy shall be 115% of the target price for milk.'
'(1) The levy shall be payable on all quantities of milk or milk equivalent marketed during the 12-month period in question in excess of the relevant quantity referred to in Article 3. It shall be shared between the producers who contributed to the overrun. In accordance with a decision of the Member State, the contribution of producers towards the levy payable shall be established, after the unused reference quantities have been reallocated or not, either at the level of the purchaser, in the light of the overrun remaining after unused reference quantities have been allocated in proportion to the reference quantities of each producer, or at national level, in the light of the overrun in the reference quantity of each individual producer. ... (4) Where the levy is payable and the amount collected is greater than that levy, the Member State may use the excess to finance the measures referred to in the first indent of Article 8 and/or redistribute it to producers who fall within priority categories established by the Member State on the basis of objective criteria to be determined or who are affected by an exceptional situation resulting from a national provision unconnected with this scheme.'
'(1) The individual reference quantity available on the holding shall be equal to the quantity available on 31 March 1993 and shall be adjusted, where appropriate, for each of the periods concerned, so that the sum of the individual reference quantities of the same type does not exceed the corresponding global quantities referred to in Article 3, taking account of any reductions made for allocation to the national reserve provided for in Article 5. (2) Individual reference quantities shall be increased or established at the duly justified request of producers to take account of changes affecting their deliveries and/or direct sales. The increase or establishment of such a reference quantity shall be subject to a corresponding reduction or cancellation of the other reference quantity the producer owns. Such adjustments may not lead to an increase in the sum of the deliveries and direct sales referred to in Article 3 for the Member State concerned. Where the individual reference quantities undergo a definitive change, the quantities referred to in Article 3 shall be adjusted in accordance with the procedure laid down in Article 11. ...'
'The levy shall be considered as intervention to stabilise agricultural markets and shall be used to finance expenditure in the milk sector.'
'(1) At the end of each of the periods referred to in Article 1 of Regulation ... No 3950/92, the purchaser shall establish a statement for each producer showing, opposite the producer's reference quantity and the representative fat content of his production, the quantity and fat content of the milk and/or milk equivalent which he has delivered during the period. ... (2) Before 15 May each year, the purchasers shall forward to the competent authority of the Member State a summary of the statements drawn up for each producer or, where appropriate, by decision of the Member State, the total quantity, the quantity corrected in accordance with Article 2(2) and average fat content of the milk and/or milk equivalent delivered to it by producers and the sum of the individual reference quantities and the average representative fat content of such producers' production. Where that time-limit is not observed, the purchaser shall be liable to a penalty equal to the amount of the levy due for a 0.1% overrun on the quantities of milk and milk equivalent delivered to them by producers. Such penalty may not exceed ECU 20 000. (3) Member States may provide that the competent authority shall notify the purchaser of the levies payable by him after reallocating, or not, by decision of the Member State, all or part of the unused reference quantities either directly to the producers concerned or to purchasers with a view to their subsequent allocation among the producers concerned. (4) Before 1 September each year, the purchaser liable for levies shall pay the competent body the amount due in accordance with rules laid down by the Member State. Where the time-limit for payment is not met, the sums due shall bear interest at a rate per annum fixed by the Member State and which shall not be lower than the rate of interest which the latter applies for the recovery of wrongly paid amounts.'
'(1) In the case of direct sales, at the end of each of the periods referred to in Article 1 of Regulation ... No 3950/92, the producer shall make a declaration summarising by product the quantities of milk and/or other milk products sold directly for consumption and/or to wholesalers, cheese maturers and the retail trade. ... (2) Before 15 May each year, the producer shall forward declarations to the competent authority of the Member State. Where that time-limit is not observed, the producer shall be liable to the levy on all the quantities of milk and milk equivalent sold directly in excess of his reference quantity or, where there is no overrun, to a penalty equal to the amount of levy due for a 0.1 % overrun of his reference quantity. Such penalty may not exceed ECU 1 000. Where a declaration is not submitted before 1 July, the second paragraph of Article 5 of Regulation ... No 3950/92 shall apply 30 days after the Member State has served notice. (3) The Member State may provide that the competent authority shall notify the producer of the levies payable by him after reallocating, or not, by decision of the Member State, all or part of the unused reference quantities to the producers concerned. (4) Before 1 September each year, the producer shall pay the amount due to the competent body in accordance with rules laid down by the Member State. Where the time-limit for payment is not met, the sums due shall bear interest at a rate per annum fixed by the Member State ...'
'(1) Where appropriate, Member States shall determine the priority categories of producers as referred to in Article 2(4) of Regulation ... No 3950/92 on the basis of one or more of the following objective criteria, in order of priority: ... (b) the geographical location of the holding, and primarily mountain areas as defined in Article 3(3) of Council Directive 75/268/EEC ...; ...'
'(1) Member States shall take all the verification measures necessary to ensure payment of the levy on quantities of milk and milk equivalent marketed in excess of any of the quantities referred to in Article 3 of Regulation ... No 3950/92. ... (3) Member States shall physically verify the accuracy of the accounting with regard to the quantities of milk and milk equivalent marketed and, to that end, shall check milk transport during collection at farms and shall, in particular, check: (a) at the premises of the purchasers, the statements referred to in Article 3(1), the credibility of stock accounts and supplies as referred to in paragraph 1(c) and (d) with regard to the commercial documents and other documents proving now the collected milk and milk equivalent have been used; (b) at the premises of the producers with a reference quantity for direct sales, the credibility of the declaration referred to in Article 4(1) and the stock accounts referred to in paragraph 1(f).
...'
The provisions of national law
First question (C-480/00 to C-482/00, C-484/00, C-489/00 to C-491/00 and C-497/00 to C-499/00) 'May the provisions contained in Articles 1 and 4 of ... Regulation ... No 3950/92 ... and Articles 3 and 4 of ... Regulation ... No 536/93 be interpreted as meaning that it is possible, in cases of administrative or judicial challenge to the relevant measures, to derogate from the time-limits prescribed for the allocation of quotas and the operation of adjustments and levies?' Second question (C-480/00 to C-482/00, C-484/00, C-489/00 to C-491/00 and C-497/00 to C-499/00) 'If not, are the provisions contained in Articles 1 and 4 of ... Regulation ... No 3950/92 ... and Articles 3 and 4 of ... Regulation ... No 536/93 ... valid, in the light of Article 33 EC (formerly Article 39 of the EC Treaty), in so far as they do not provide that derogations may be made from the periods they prescribe for the allocation of individual reference quantities and for the operation of adjustments and levies, in cases of administrative or judicial challenge to those measures?' Third question (C-480/00 to C-482/00, C-484/00, C-489/00 to C-491/00 and C-497/00 to C-499/00) 'Are Regulations ... Nos 3950/92 and 536/93 to be interpreted as meaning that the application of the system introduced by that legislation excludes the allocation and official notification to producers of individual reference quantities or that it excludes the official redistribution among its producers by the Member State of the global quantity which that State is guaranteed?' Fourth question (C-480/00 to C-482/00, C-484/00, C-489/00 to C-491/00 and C-497/00 to C-499/00) 'May Articles 3 and 4 of Regulation ... No 3950/92 be interpreted as meaning that the Member State need not necessarily give official notification of individual reference quantities to producers or that it may allocate reference quantities to those producers without notifying them individually?' Fifth question (C-484/00) 'May Regulations ... Nos 3950/92 and 536/93 be interpreted as meaning that the individual reference quantity need not necessarily be notified separately to each producer, but may be communicated in other ways such as the publication of bulletins?' Sixth question (C-480/00, C-490/00 and C-491/00) 'May Article 2(1) of Regulation ... 3950/92 and Article 3(3) of Regulation ... No 563/93 be interpreted as leaving the Member States free to determine privileged categories of producers who must be compensated in priority to others?' Seventh question (C-481/00) 'May Regulations ... Nos 3950/92 and 536/93 be interpreted as permitting Member States to determine privileged categories of producers who must be compensated in priority to others, in particular by placing the "disadvantaged" areas in a secondary position in relation to mountain areas?'
Observations submitted to the Court
The Court's answer
Admissibility
The substance Observations submitted to the Court
The Court's answer
The principle of legal certainty demands that that communication should be of such a nature as to give the natural or legal persons concerned all information relating to the original allocation of their individual reference quantity or later alteration to it. It is for the national court to determine, on the basis of the facts before it, whether that is so in the cases in the main proceedings.
On those grounds,
THE COURT (Sixth Chamber)
in answer to the questions referred to it by the Tribunale amministrativo regionale del Lazio by judgments of 6 July 2000, hereby rules: 1) On a proper construction of Articles 1 and 4 of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector, and Articles 3 and 4 of Commission Regulation (EEC) No 536/93 of 9 March 1993 laying down detailed rules on the application of the additional levy on milk and milk products, it is not contrary to those provisions for a Member State, after checks have been carried out, to correct the individual reference quantities allocated to each producer and, after the unused reference quantities have been reallocated, to recalculate in consequence the additional levies payable, after the final date for payment of those levies for the production period concerned. 2) Regulations Nos 3950/92 and 536/92 are to be interpreted as requiring that the original allocation of individual reference quantities and any later alteration to them should be notified to the producers concerned by the competent national authorities. 3) The principle of legal certainty demands that that communication should be of such a nature as to give the natural or legal persons concerned all information relating to the original allocation of their individual reference quantity or later alteration to it. It is for the national court to determine, on the basis of the facts before it, whether that is so in the cases in the main proceedings.
Skouris |
Gulmann |
Puissochet |
Macken |
Colneric |
|
R. Grass |
V. Skouris |
Registrar |
President |
1 - Language of the case: Italian.