Opinion of the Advocate General — ECLI:EU:C:2001:463
Date: 2001-09-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Agriculture — Common organisation of the markets — Milk and milk products — 
Additional levy on milk — Rules on the transfer of reference quantities upon expiry of a 
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SUMMARY — CASE C-401/99 
rural lease of a holding — Transfer to lessor of the reference quantity attached to that 
holding in the event of the surrender of leased lands — Conditions — Producer status of 
lessor — 'Producer' — Definition 
(Council Regulation No 3950/92, Arts 7(2) and 9(c)) 
On a proper construction of Article 7(2) of 
Regulation No 3950/92 establishing an 
additional levy in the milk and milk 
products sector, upon expiry of a rural 
lease of a dairy holding, the transfer in 
whole or part to the lessor of the reference 
quantity attached to that holding is possible 
only where the lessor has the status of a 
' p roducer ' within the meaning of 
Article 9(c) of that regulation or, at the 
date of expiry of the lease, transfers the 
reference quantity available to a third party 
who has that status. For the purposes of the 
attribution of the relevant reference quan­
tities to lessors under Article 7(2) of Regu­
lation No 3950/92, it is sufficient that, on 
the abovementioned date, the lessor can 
show that he is preparing in a definite 
manner to take up as soon as possible the 
activity of a 'producer' within the meaning 
of Article 9(c) of that regulation. 
(see para. 46, operative part) 
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