# C_2006281EN.01001002.xml

| 18.11.2006 | EN | Official Journal of the European Union | C 281/10 |
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18.11.2006

EN

Official Journal of the European Union

C 281/10

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Judgment of the Court (First Chamber) of 14 September 2006 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven — Netherlands) –J. Slob v Productschap Zuivel

(Case C-496/04) (1)

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(Milk and milk products - Direct sales - Reference quantities - Overruns - Additional levy on milk - Obligation on producers to keep stock accounts - Article 7(1) and (3) of Regulation (EEC) No 536/93 - Supplementary national measures - Competence of the Member States)

(2006/C 281/16)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: J. Slob

Applicant:

Defendant: Productschap Zuivel

Defendant:

Re:

Reference for a preliminary ruling — College van Beroep voor het Bedrijfsleven — Interpretation of Article 7(1)(f) and (3) 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) — Scope of the obligation to keep stock accounts for producers with reference quantities for direct sales — Additional obligations imposed by a Member State — Question not posed by the national court — No reply given by the Court

Operative part of the judgment

| 1. | The first sentence of Article 7(1) 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 must be interpreted as conferring discretion on a Member State to lay down rules, in so far as is necessary, imposing on producers of milk established in its territory supplementary obligations to keep records which are more extensive than the obligations under Article 7(1)(f). In exercising that discretion, the Member State must comply with the general principles of Community law. |
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1.

The first sentence of Article 7(1) 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 must be interpreted as conferring discretion on a Member State to lay down rules, in so far as is necessary, imposing on producers of milk established in its territory supplementary obligations to keep records which are more extensive than the obligations under Article 7(1)(f). In exercising that discretion, the Member State must comply with the general principles of Community law.

| 2. | Community law does not preclude legislation which requires milk producers to keep records of the quantity of butter produced and the use that it has been put to, even where the butter has been destroyed or used as feeding stuff, where, in the Member State concerned, it is found to be difficult to monitor effectively, on the basis of the Community requirements alone, the accuracy of statements of direct sales drawn up by producers. |
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2.

Community law does not preclude legislation which requires milk producers to keep records of the quantity of butter produced and the use that it has been put to, even where the butter has been destroyed or used as feeding stuff, where, in the Member State concerned, it is found to be difficult to monitor effectively, on the basis of the Community requirements alone, the accuracy of statements of direct sales drawn up by producers.

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(1)  OJ C 31, 5.2.2005.

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