Opinion of the Advocate General — ECLI:EU:C:1996:377
Date: 1996-10-08
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
Agriculture — Common organization of the markets — Milk and milk products — Additional 
levy on milk — Compensation for definitive discontinuation of all production — Conditions for 
grant — Carrying on milk production at the date of the application made by the holder of an 
individual reference quantity 
(Council Regulations No 857/84, Art. 12(c), and No 1637/91, Art. 2) 
I - 5429 
SUMMARY — CASE C-152/95 
Under the additional milk levy system, 
Article 2 of Regulation N o 1637/91 must be 
interpreted as meaning that a farmer may be 
granted compensation for definitive discon­
tinuation of all milk production only if, on 
the date of his application, he is producing 
milk in his capacity as a producer within the 
meaning of Article 12(c) of Regulation N o 
857/84 and if he possesses an individual ref­
erence quantity in respect of direct sales. 
Where, however, a farmer has spontaneously 
ceased milk production, he is no longer a 
producer for the purposes of those provi­
sions. 
I - 5430