Judgment — ECLI:EU:C:2005:293
Date: 2005-05-12
Language of the case: Dutch
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: General
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Agriculture — Common organisation of the markets — Pigmeat — Beef and veal — Exceptional support measures for the market affected by a disease — Aid for the delivery of calves destined for rendering — Upper limit of aid expressed in terms of average kilograms per batch — Definition of ‘batch’ — Independent interpretation (Commission Regulation No 1046/2001, Art. 4(3)) Regulation No 1046/2001 adopting exceptional support measures for the markets in pigmeat and veal in the Netherlands makes no express reference to the law of the Member States for the purpose of determining the meaning and scope of the term ‘batch’ in Article 4(3), which fixes the ceiling for aid for producers for the delivery of calves coming from the areas affected by the disease, expressed in terms of average kilograms per batch. It is, therefore, an independent concept of Community law, the interpretation of which must take into account the context of that article and the purpose of the regulation in question. Therefore, the term ‘batch’ within the meaning of Article 4(3) refers to all calves which are delivered for rendering by a producer on one day in connection with one sales transaction. (see paras 22-23, 37, operative part)