Order — ECLI:EU:C:2004:65
Date: 2004-01-29
Language of the case: French
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fruit and vegetables
Concepts: Quality standards
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Order 
Agriculture — Common organisation of the markets — Fruit and vegetables — Pro­
ducers' organisations — Imposition of membership fees on non-member producers of 
organic products — Principle of non-discrimination — Producers in a situation objec­
tively different from that of the members — Assessment by national courts 
(Council Regulation No 1035/72, Art. 15b(1) and (8)) 
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SUMMARY — CASE C-381/02 
Article 15b(1) and (8) of Regulation 
No 1035/72 on the common organisation 
of the market in fruit and vegetables, as 
amended by Regulation No 3284/83, 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 determin­
ing whether those non-member pro­
ducers, whether or not they are part of 
a production sector regulated by law, 
such as the organic production sector, 
are in a situation objectively different 
from that of the member producers; 
— non-member producers are in a situ­
ation objectively different 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 prod­
ucts; 
— it is for the national courts to assess the 
evidence presented on this point. 
(see para. 30, operative part) 
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