Order — ECLI:EU:C:2004:729
Date: 2004-11-18
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Concepts: Co-responsibility levy and additional levy on milk
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Order Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Transfer of milk by the producer to a third party for the purposes of processing in performance of a contract for services without the passing of title in the milk – Operation constituting a delivery (Council Regulation No 3950/92, Arts 1, 2, and 9(g); Commission Regulation No 536/93, Art. 1) Articles 1, 2 and 9(g) of Regulation No 3950/92 establishing an additional levy in the milk and milk products sector and Article 1 of Regulation No 536/93 laying down detailed rules on the application of the additional levy on milk and milk products are to be interpreted as meaning that, for the purposes of determining milk quotas and the application of the additional levy, the transfer of a quantity of milk by the producer to a third party without the passing of title in it, in performance of a contract for the treatment of that milk and its processing into cheese, butter and whey for consideration, should be classified as a delivery. (see para. 28, operative part)