Keywords

Summary



Keywords

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1 . Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Determination of reference quantities exempt from the levy - Taking into account of exceptional events which affected previous production - Limits - Choice of a reference year not within the options allowed by the Community regulations - Not permitted

( Council Regulation No 857/84, Art . 3(3 ) )

2 . Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Determination of reference quantities exempt from the levy - Producers adversely affected by exceptional events throughout the reference period - No possibility of choosing a reference year outside that period - Discrimination - Infringement of the right to enjoy property and the right to pursue a profession or occupation - Infringement of the principles of legal certainty and the protection of legitimate expectations - None

( EEC Treaty, Article 40(3 ), second subparagraph; Council Regulation No 857/84 )

3 . Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Determination of reference quantities exempt from the levy - Producers adversely affected by exceptional events - Change of reference year has no effect on the method of calculation applicable by virtue of the choice made at national level

( Council Regulation No 857/84, Arts 2 and 3(3 ) )

Summary

1 . For determination of the reference quantities exempt from the additional levy on milk, Article 3(3 ) of Regulation No 857/84 must be interpreted as meaning that a producer whose milk production was appreciably affected by an exceptional event throughout the 1981 to 1983 period may not have the quantity of milk or milk equivalent which he delivered in a year prior to 1981 taken into account .

2 . In the interests of both the effectiveness of the additional levy system and legal certainty, the number of years which may be taken into account as reference years must be limited . The difference of treatment resulting from that limitation as between producers whose milk production was appreciably affected in all the years which could be adopted as reference years and those whose production was not so affected is therefore objectively justified and cannot be held to be discriminatory within the meaning of Article 40(3 ) of the Treaty .

In view of the wide discretion as to the nature and scope of the measures to be taken which the Community legislature enjoys in implementing the common agricultural policy, the fact that the reference year must be chosen within the 1981 to 1983 period is not indicative of any infringement of the right to enjoy property, the right to pursue a profession or occupation or the principles of legal certainty and the protection of legitimate expectations .

3 . Article 2(1 ) and Article 3(3 ) of Council Regulation No 857/84 adopting general rules for the application of the additional levy on milk must be interpreted as meaning that a producer whose milk production was appreciably affected by an exceptional event in the reference year chosen by the relevant Member State may not require that his reference quantity be calculated, at his option, either according to the method laid down in Article 2(2 ) of Regulation No 857/54, taking another reference year as the basis, or according to the method laid down in Article 2(1 ), taking as the basis the quantity of milk or milk equivalent delivered in 1981, plus 1 %.