Judgment;Summary — ECLI:EU:C:2019:545
Date: 2019-06-27
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Agriculture and Fisheries;Taxation;Milk products;Value added tax
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 29 May 2018 — Azienda Agricola Barausse Antonio e Gabriele — Società semplice v Agenzia per le Erogazioni in Agricoltura (AGEA) (Case C-348/18) Language of the case: Italian Referring court Consiglio di Stato Parties to the main proceedings Appellant: Azienda Agricola Barausse Antonio e Gabriele — Società semplice Respondent: Agenzia per le Erogazioni in Agricoltura (AGEA) Question referred Must Article 2(1) of Council Regulation (EEC) No 3950/92 1 be interpreted — also in the light of the grounds already set out by the Court of Justice of the European Union in its judgment of 5 May 2011 in Joined Cases C-230/09 and C-231/09 in relation to Article 10(3) of Regulation (EC) No 17[8]8/2003 2 — as meaning that any unused portion of the national reference quantity allocated to deliveries can be re-allocated according to objective priority criteria determined by the Member States, or must that provision be interpreted as meaning that the equalling-out stage must be governed exclusively by the criterion of proportionality? ____________ 1 Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (OJ 1992 L 405, p. 1). 2 Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ 2003 L 270, p. 123).