Opinion of the Advocate General — ECLI:EU:C:2002:403
Date: 2002-06-27
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 — Aid 
for skimmed milk and skimmed-milk powder intended for use as animal feed — 
introduction by Regulation No 2799/1999 of a condition for grant which excludes 
I - 2279 
SUMMARY — CASE C-14/01 
skimmed milk in liquid form which has not first been incorporated in a mixture for the 
production of compound feedingstuffs or processed into skimmed-milk powder — 
Conditions which do not have the effect of abolishing all aid for that product — 
Lawfulness — Prohibition of discrimination — Legitimate expectations — Breach — 
None 
(Council Regulation No 1255/1999, Art. 11(1); Commission Regulation No 2799/1999, 
Arts 8 and 9) 
The condition which the Commission, 
exercising its wide measure of discretion 
in the matter, introduced by Regulation 
No 2799/1999 laying down detailed rules 
for applying Regulation No 1255/1999 as 
regards the grant of aid for skimmed milk 
and skimmed-milk powder intended for 
animal feed and the sale of such skimmed-
milk powder under which skimmed milk in 
liquid form qualifies for aid only if it has 
first been incorporated in a mixture for the 
production of compound feedingstuffs or 
processed into skimmed-milk powder does 
not amount to a total abolition of aid for 
skimmed milk in liquid form intended for 
use as animal feed, which would be a 
measure contrary to Article 11(1) of Regu­
lation No 1255/1999 on the common 
organisation of the market in milk and 
milk products. The market for that kind of 
skimmed milk continues to benefit from the 
aid provided for in that article by way of 
the aid for undertakings producing mix­
tures for the production of compound 
feedingstuffs. 
Moreover, by adopting that regulation, the 
Commission did not infringe the prohib­
ition of discrimination or the principle of 
protection of legitimate expectations. First, 
there are differences between skimmed 
milk in liquid form and skimmed-milk 
powder intended for use in animal feed 
which objectively justify their being treated 
differently as regards the right to qualify 
for aid. Second, the principle of the pro­
tection of legitimate expectations may be 
invoked as against Community rules only 
to the extent that the Community itself has 
previously created a situation which can 
give rise to a legitimate expectation, which 
it has not done in this case. 
(see paras 38-42, 49-51, 56-57) 
I - 2280