Opinion of the Advocate General — ECLI:EU:C:1997:220
Date: 1997-04-29
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgmen t 
Agriculture — Common organization of the markets — Milk and milk products — Additional 
levy on milk — Allocation of reference quantities exempt from the levy — Producers having 
suspended deliveries under the system of premiums for non-marketing or conversion — Grant of 
a special reference quantity — Transfer of part of a mixed holding — Apportionment of the spe­
cial reference quantity in proportion to the part of the holding given over to milk production at 
the time when the non-marketing undertaking was entered into 
(Council ReguUtions No 1078/77 and No 2055/93, Arts 1(2) and 2) 
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SUMMARY — CASE C-165/95 
Articles 1(2) and 2 of Regulation No 
2055/93, which introduced, under the addi­
tional milk levy system, rules for calculating 
the special reference quantity where part of a 
holding is transferred, must be interpreted as 
meaning that, where part of a mixed holding 
is transferred, the reference quantity must be 
apportioned between the transferor and 
transferee, or allocated to the transferee, in 
proportion to the part of the holding directly 
or indirectly given over to dairy production 
at the time when the non-marketing under­
taking was entered into pursuant to Regu­
lation N o 1078/77, and not in proportion to 
the total area of the holding. 
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