# C_2009153EN.01001101.xml

| 4.7.2009 | EN | Official Journal of the European Union | C 153/11 |
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4.7.2009

EN

Official Journal of the European Union

C 153/11

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Judgment of the Court (First Chamber) of 14 May 2009 (reference for a preliminary ruling from the Tribunale ordinario di Padova (Italy)) — Azienda Agricola Disarò Antonio and Others v Cooperativa Milka 2000 Soc. coop. arl

(Case C-34/08) (1)

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(Agriculture - Common organisation of the markets - Milk quotas - Levy - Validity of Regulation (EC) No 1788/2003 - Objectives of the common agricultural policy - Principles of non-discrimination and proportionality - Determination of the national reference quantity - Criteria - Relevance of the criterion of a Member State’s milk production deficit)

2009/C 153/21

Language of the case: Italian

Referring court

Referring court

Tribunale ordinario di Padova

Parties to the main proceedings

Parties to the main proceedings

Applicant: Azienda Agricola Disarò Antonio and Others

Applicant:

Defendant: Cooperativa Milka 2000 Soc. coop. arl

Defendant:

Re:

Re:

Reference for a preliminary ruling — Tribunale ordinario di Padova — Interpretation and validity of Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ 2003 L 270, p.123) — Regulation under which (i) no account is taken of the periodic updating for each country of the reference quantities exempt from the levy and (ii) the additional levy is applied in an identical manner to producers with surplus milk production and to those in deficit — Incompatibility with Articles 5, 32, 33 et 34 EC

Operative part of the judgment

Operative part of the judgment

| 1. | The fact that Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector does not take into account, for the purposes of determining the national reference quantity, the fact that the Member State concerned has a milk production deficit is not capable of affecting the compatibility of that regulation with the objectives laid down, in particular, in Article 33(1)(a) and (b) EC. |
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1.

The fact that Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector does not take into account, for the purposes of determining the national reference quantity, the fact that the Member State concerned has a milk production deficit is not capable of affecting the compatibility of that regulation with the objectives laid down, in particular, in Article 33(1)(a) and (b) EC.

| 2. | The analysis of Regulation No 1788/2003 in the light of the principle of non-discrimination has not disclosed any factor which might affect the validity of that regulation. |
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2.

The analysis of Regulation No 1788/2003 in the light of the principle of non-discrimination has not disclosed any factor which might affect the validity of that regulation.

| 3. | The analysis of Regulation No 1788/2003 in the light of the principle of proportionality has not disclosed any factor which might affect the validity of that regulation. |
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3.

The analysis of Regulation No 1788/2003 in the light of the principle of proportionality has not disclosed any factor which might affect the validity of that regulation.

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(1)  OJ C 92, 12.4.2008.

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