Opinion of the Advocate General — ECLI:EU:C:1998:413
Date: 1998-09-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment
Agriculture — Common organisation of the markets — Milk and milk products — Additional
levy on milk — Allocation of reference quantities exempt from the levy — Producers who sus­
pended deliveries under the system of non-marketing or conversion premiums — Definitive grant
of a special reference quantity — Condition relating to a deadline for the resumption of deliveries
— Implementing powers conferred upon the Commission — Whether exceeded —Not exceeded
(EC Treaty, Arts 43(3) and 145; Council Regulations No 804/68, Art.5c, and No 857/84, Art 3a(3),
first sentence; Commission Regulation No 1546/88, Art. 3a(3),firstpara.)
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SUMMARY— CASE C-374/96
The first subparagraph of Article 3a(3) of
Regulation No 1546/88, as amended by Regu­
lation No 1033/89 laying down detailed rules
for the application of the additional levy
referred to in Article 5c of Regulation No
804/68, is not invalid for lack of power on
the part of the Comission, in so far as, in the
case of producers who entered into a non-
marketing undertaking pursuant to Regula­
tion No 1078/77, it makes the definitive allo­
cation of a special reference quantity subject
to the condition — in addition to those laid
down in Article 3a(3), first sentence, of
Council Regulation No 857/84, as amended
by Regulation No 1639/91 — that the pro­
ducer should actually have resumed deliveries
before 29 March 1990.
In accordance with the division of powers
provided for by Article 145 of the Treaty,
Article 5c(7) of Regulation No 804/68 autho­
rises the Commission to lay down additional
conditions for the grant of reference quanti­
ties, provided that they comply with the
implementing rules laid down by the Council
itself in Regulation No 857/84 and serve to
ensure the proper functioning of the refer­
ence quantity system. The rules at issue sat­
isfy both those requirements.
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