Opinion of the Advocate General — ECLI:EU:C:2006:339
Date: 2006-05-18
Language of the case: German
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 1. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk (Council Regulation No 857/84, Art. 7(1), as amended by Regulation No 590/85; Commission Regulation No 1546/88, Art. 7, first subpara., points 2, 3 and 4) 2. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk (Council Regulation No 857/84, Art. 7(1), as amended by Regulation No 590/85; Commission Regulation No 1546/88, Art. 7, first subpara., point 4) 1. Article 7(1) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk, as amended by Regulation No 590/85, and points 2, 3 and 4 of the first subparagraph of Article 7 of Regulation No 1546/88 laying down detailed rules for the application of that additional levy must be interpreted as meaning that on the return of a leased part of a holding the corresponding reference quantity for that part cannot pass to the landlord if he is not a milk producer, does not intend to carry out such an activity and does not intend to grant a lease for the undertaking concerned to a milk producer. (see para. 24, operative part 1) 2. Article 7(1) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk, as amended by Regulation No 590/85, and point 4 of the first subparagraph of Article 7 of Regulation No 1546/88 laying down detailed rules for the application of that additional levy preclude the reference quantity from being retained by the tenant on the ending of a rural lease, where the lease has been voluntarily brought to an end. (see para. 28, operative part 2)