# C_2020010EN.01000402.xml

| 13.1.2020 | EN | Official Journal of the European Union | C 10/4 |
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13.1.2020

EN

Official Journal of the European Union

C 10/4

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Judgment of the Court (Second Chamber) of 13 November 2019 (request for a preliminary ruling from the Lietuvos Respublikos Konstitucinis Teismas — Lithuania) — Lietuvos Respublikos Seimo narių grupė

(Case C-2/18) (1)

(Reference for a preliminary ruling - Common agricultural policy - Common organisation of the markets - Milk and milk products - Regulation (EU) No 1308/2013 - Article 148(4) - Contract for the delivery of raw milk - Free negotiation of price - Combating unfair commercial practices - Prohibition of payment of different prices to producers of raw milk belonging to a group that is formed according to the daily quantity sold, and of a reduction in price without justification)

(2020/C 10/05)

Language of the case: Lithuanian

Referring court

Lietuvos Respublikos Konstitucinis Teismas

Parties to the main proceedings

Applicant: Lietuvos Respublikos Seimo narių grupė

Intervener: Lietuvos Respublikos Seimas

Operative part of the judgment

| 1. | Article 148(4) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017, must be interpreted as not precluding rules of national law, such as those provided for in Article 3(3)(1) of the Lietuvos Respublikos Ūkio subjektų, perkančių-parduodančių žalią pieną ir prekiaujančių pieno gaminiais, nesąžiningų veiksmų draudimo įstatymas Nr. XII-1907 (Law No XII-1907 of the Republic of Lithuania prohibiting unfair practices by Lithuanian operators when buying and selling raw milk and trading in milk products) of 25 June 2015, as amended by the Law of 22 December 2015, which, in order to combat unfair commercial practices, prohibit buyers of raw milk from paying a different purchase price to producers who must be regarded as belonging to the same group on the basis of the daily quantity of raw milk sold that is of identical composition and quality and delivered via the same method, in so far as those rules are appropriate for ensuring attainment of the objective pursued and do not go beyond what is necessary to achieve that objective, this being a matter for the referring court to determine. |
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1.

Article 148(4) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017, must be interpreted as not precluding rules of national law, such as those provided for in Article 3(3)(1) of the Lietuvos Respublikos Ūkio subjektų, perkančių-parduodančių žalią pieną ir prekiaujančių pieno gaminiais, nesąžiningų veiksmų draudimo įstatymas Nr. XII-1907 (Law No XII-1907 of the Republic of Lithuania prohibiting unfair practices by Lithuanian operators when buying and selling raw milk and trading in milk products) of 25 June 2015, as amended by the Law of 22 December 2015, which, in order to combat unfair commercial practices, prohibit buyers of raw milk from paying a different purchase price to producers who must be regarded as belonging to the same group on the basis of the daily quantity of raw milk sold that is of identical composition and quality and delivered via the same method, in so far as those rules are appropriate for ensuring attainment of the objective pursued and do not go beyond what is necessary to achieve that objective, this being a matter for the referring court to determine.

| 2. | Article 148(4) of Regulation No 1308/2013, as amended by Regulation 2017/2393, must be interpreted as not precluding rules of national law, such as those provided for in Article 3(3)(3) and Article 5 of Law No XII-1907 of the Republic of Lithuania prohibiting unfair practices by Lithuanian operators when buying and selling raw milk and trading in milk products of 25 June 2015, as amended by the Law of 22 December 2015, which, in order to combat unfair commercial practices, prohibit a buyer of raw milk from reducing, without justification, the price agreed with the producer and which make all price reductions of more than 3 % subject to authorisation by the competent national authority. |
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2.

Article 148(4) of Regulation No 1308/2013, as amended by Regulation 2017/2393, must be interpreted as not precluding rules of national law, such as those provided for in Article 3(3)(3) and Article 5 of Law No XII-1907 of the Republic of Lithuania prohibiting unfair practices by Lithuanian operators when buying and selling raw milk and trading in milk products of 25 June 2015, as amended by the Law of 22 December 2015, which, in order to combat unfair commercial practices, prohibit a buyer of raw milk from reducing, without justification, the price agreed with the producer and which make all price reductions of more than 3 % subject to authorisation by the competent national authority.

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(1)  OJ C 104, 19.3.2018.

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