# C_2005229EN.01000701.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/7 |
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17.9.2005

EN

Official Journal of the European Union

C 229/7

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Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen by order of that court of 12 May 2005 in Alois Kibler jun. v Land Baden-Württemberg, joined parties: Manfred Ott and Konrad Leiprecht

(Case C-275/05)

(2005/C 229/14)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Verwaltungsgericht Sigmaringen (Administrative Court, Sigmaringen) of 12 May 2005, received at the Court Registry on 6 July 2005, for a preliminary ruling in the proceedings between Alois Kibler jun. and Land Baden-Württemberg, joined parties: Manfred Ott and Konrad Leiprecht, on the following questions:

| 1. | Is national legislation of a Member State, which provides that on the return of a leased part of a holding the corresponding reference quantity for the areas of the tenant's holding used for milk production is to revert to the landlord along with that part of the holding even if the landlord, at the time it is so returned, is no longer a milk producer, no longer intends to take up milk production and also does not intend to grant a lease to another milk producer, in conformity with Article 7(1) of Regulation (EEC) No 857/84, (1) as amended by Regulation (EEC) No 590/85, (2) and with Article 7(2), (3) and (4) of Regulation (EEC) No 1546/88? (3) |
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1.

Is national legislation of a Member State, which provides that on the return of a leased part of a holding the corresponding reference quantity for the areas of the tenant's holding used for milk production is to revert to the landlord along with that part of the holding even if the landlord, at the time it is so returned, is no longer a milk producer, no longer intends to take up milk production and also does not intend to grant a lease to another milk producer, in conformity with Article 7(1) of Regulation (EEC) No 857/84, (1) as amended by Regulation (EEC) No 590/85, (2) and with Article 7(2), (3) and (4) of Regulation (EEC) No 1546/88? (3)

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| 2. | If the answer to the first question should be in the negative: Is national legislation of a Member State, which provides that on the ending of a lease the reference quantity is to be retained in its entirety by the tenant of that part of the holding, in conformity with Article 7(1) of Regulation (EEC) No 857/84, as amended by Regulation (EEC) No 590/85, and with Article 7(4) of Regulation (EEC) No 1546/88 even where the lease has been voluntarily brought to an end? |
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2.

If the answer to the first question should be in the negative: Is national legislation of a Member State, which provides that on the ending of a lease the reference quantity is to be retained in its entirety by the tenant of that part of the holding, in conformity with Article 7(1) of Regulation (EEC) No 857/84, as amended by Regulation (EEC) No 590/85, and with Article 7(4) of Regulation (EEC) No 1546/88 even where the lease has been voluntarily brought to an end?

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(1)  OJ 1984 L 90, p. 13.

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(2)  OJ 1985 L 68, p. 1.

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(3)  OJ 1988 L 139, p. 12.

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