61990CJ0264_EN
Parties
Decision on costs
Operative part
Parties
In Case C-264/90,
REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht Hamburg for a preliminary ruling in the proceedings pending before that court between
Heinrich Wehrs
and
Hauptzollamt Lueneburg
on the validity of the second indent of Article 3a(1) of Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector (OJ 1984 L 90, p. 13) as amended by Council Regulation (EEC) No 764/89 of 20 March 1989 (OJ 1989 L 84, p. 2),
THE COURT (Third Chamber),
composed of: M. Zuleeg, President of the Chamber, J.C. Moitinho de Almeida and F. Grévisse, Judges,
Advocate General: C.O. Lenz,
Registrar: D. Triantafyllou, Administrator,
after considering the written observations submitted on behalf of:
° the plaintiff in the main proceedings, Heinrich Wehrs, by H.J. Beyer, Rechtsanwalt, Bremervoerde,
° the Commission of the European Communities, by Dierk Booss, Legal Adviser, acting as Agent, and
° the Council of the European Communities, by B. Schloh, Legal Adviser, acting as Agent,
having regard to the Report for the Hearing,
after hearing oral argument from the plaintiff in the main proceedings, the Commission and the Council at the hearing on 2 April 1992,
after hearing the Opinion of the Advocate General at the sitting on 21 May 1992,
gives the following
Judgment
Decision on costs
Costs
1 The costs incurred by the Council of the European Communities and the Commission of the European Communities, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.
Operative part
On those grounds,
THE COURT (Third Chamber)
in answer to the question referred to it by the Finanzgericht Hamburg, by order of 12 July 1990, hereby rules:
The second indent of Article 3a(1) of Council Regulation (EEC) No 857/84 of 31 March 1984, as amended by Council Regulation (EEC) No 764/89 of 20 March 1989, is invalid in so far as persons taking over a premium granted pursuant to Council Regulation (EEC) No 1078/77 of 17 May 1977 are barred from allocation of a special reference quantity if they have received a reference quantity under Article 2 of Regulation (EEC) No 857/84.