# C_2004094EN.01001501.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/15 |
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17.4.2004

EN

Official Journal of the European Union

C 94/15

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ORDER OF THE COURT

ORDER OF THE COURT

(First Chamber)

of 29 January 2004

in Case C-381/02 (reference for a preliminary ruling from the Cour d'appel de Caen): Association comité économique régional agricole fruits et légumes de Bretagne (Cerafel) v François Faou, GAEC de Kerlidou (1)

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(Article 104(3) of the Rules of Procedure - Agriculture - Common organisation of the markets - Fruit and vegetables - Producers' organisations - Scope of the rules governing production and marketing - Imposition of fees - Non-member producers)

(2004/C 94/29)

Language of the case: French

In Case C-381/02: reference to the Court under Article 234 EC from the Cour d'appel de Caen (France) for a preliminary ruling in the proceedings pending before that court between Association comité économique régional agricole fruits et légumes de Bretagne (Cerafel) and François Faou, GAEC de Kerlidou — on the interpretation of Article 15b(8) of Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organisation of the market in fruit and vegetables (OJ, English Special Edition 1972 (II), p. 437), as amended by Regulation (EEC) No 3284/83 of the Council of 14 November 1983 (OJ 1983 L 325, p. 1) — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas, A. La Pergola, S. von Bahr and K. Lenaerts, Judges; J. Kokott, Advocate General; R. Grass, Registrar, has made an order on 29 January 2004, the operative part of which is as follows:

Article 15b(1) and (8) of Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organisation of the market in fruit and vegetables, as amended by Regulation No 3284/83 (EEC) of the Council of 14 November 1983, is to be interpreted in the following manner:

| — | a Member State which has applied Article 15b(1), by making certain production and marketing rules laid down by a producers' organisation mandatory for producers who are established in the district of that organisation and who are not members of it may not, without infringing the principle of non-discrimination, apply Article 15b(8) by making them liable for all or part of the fees paid by member producers, without distinguishing according to whether or not those non-member producers are in an objectively different situation from that of the member producers; |
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a Member State which has applied Article 15b(1), by making certain production and marketing rules laid down by a producers' organisation mandatory for producers who are established in the district of that organisation and who are not members of it may not, without infringing the principle of non-discrimination, apply Article 15b(8) by making them liable for all or part of the fees paid by member producers, without distinguishing according to whether or not those non-member producers are in an objectively different situation from that of the member producers;

| — | non-member producers are in an objectively different situation from that of the member producers when the rules adopted by that organisation do not apply or apply only marginally to their products and the actions undertaken by the organisation are of no benefit or only of marginal benefit to those products; |
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non-member producers are in an objectively different situation from that of the member producers when the rules adopted by that organisation do not apply or apply only marginally to their products and the actions undertaken by the organisation are of no benefit or only of marginal benefit to those products;

| — | it is for the national courts to assess the evidence presented on this point. |
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it is for the national courts to assess the evidence presented on this point.

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(1)  OJ C 305 of 7.12.2002.

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