Case C-171/03

Maatschap Toeters and M.C. Verberk

v

Productschap Vee en Vlees

(Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven)

(Beef and veal – Early marketing premium for veal calves – Time-limit for lodging premium applications – Rules for calculating time-limit – Validity of Regulation (EEC) No 3886/92)

Summary of the Judgment

1. Community law – Periods, dates and time-limits – Period expressed in weeks – Expiry – Determination of dies ad quem by reference to the day of the event

(Council Regulation No 1182/71, Art. 3(1), second subpara., and (2)(c))

2. Agriculture – Common organisation of the markets – Beef and veal – Early marketing premium for veal calves – Time-limit for lodging premium applications – Calculation

(Council Regulation No 1182/71, Art. 3(2)(c); Commission Regulation No 3886/92, Art. 50a)

3. Agriculture – Common organisation of the markets – Beef and veal – Early marketing premium for veal calves – Establishment of time at which a premium application was lodged – National rules inapplicable – Uniform application of Community law

(Commission Regulation No 3886/92, Art. 50a)

4. Agriculture – Common organisation of the markets – Beef and veal – Early marketing premium for veal calves – Lodging of premium application – Requirement – Receipt of the application by the competent authority before the expiry of the time-limit

(Commission Regulation No 3886/92, Art. 50a)

5. Agriculture – Common organisation of the markets – Beef and veal – Early marketing premium for veal calves – Total exclusion of the premium whenever the period for making applications is exceeded – Infringement of principle of proportionality – None

(Commission Regulation No 3886/92, Art. 50a)

1. Under Article 3(2)(c) of Regulation No 1182/71 determining the rules applicable to periods, dates and time-limits, a period expressed in weeks ends with the expiry of the last hour of whichever day in the last week is the same day of the week, or falls on the same date, as the day from which the period runs. That provision, which enables the dies ad quem or day on which the period ends to be determined, is to be interpreted by reference to the second subparagraph of Article 3(1) of that regulation, under which the day from which the period runs is the day during which the event took place. In other words, if an event which is the point from which a period of a week starts to run happens on a Monday, the period will end on the following Monday, which will be the dies ad quem. Since that rule is sufficient to determine the manner in which the time-limit is calculated and the day on which the period of time fixed by the law expires, there is no need to seek to determine the day on which the time-limit started to run and the number of days during which it ran.

(see paras 33, 36)

2. Article 3(2)(c) of Regulation No 1182/71 determining the rules applicable to periods, dates and time-limits is to be interpreted as meaning that a period expressed in weeks, such as that laid down by Article 50a of Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organisation of the market in beef and repealing Regulations No 1244/82 and No 714/89, as amended by Regulation No 2311/96, ends with the expiry of the last hour of whichever day in the last week is the same day of the week as the day on which the slaughter took place.

(see para. 38, operative part 1)

3. When applying Article 50a of Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organisation of the market in beef and repealing Regulations No 1244/82 and No 714/89, as amended by Regulation No 2311/96, a Member State may not establish the time at which a premium application was lodged pursuant to national procedural rules which apply within its national legal system to comparable national periods for making applications. Article 50a contains a clear rule which must be applied uniformly in the Community, so as to maintain equality between economic operators.

(see paras 40-41, operative part 1)

4. Article 50a of Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organisation of the market in beef and repealing Regulations No 1244/82 and No 714/89, as amended by Regulation No 2311/96, must be interpreted as meaning that a premium application may be regarded as having been ‘lodged’ in due time only if the competent authority received it prior to the expiry of the time‑limit. The fact that the competent authority was in a position to transmit certain data to the Commission is irrelevant to the calculation of a time‑limit, which must be applied uniformly throughout the Community in order, particularly, to maintain equality of treatment between economic operators.

(see paras 44-45, operative part 1)

5. Having regard to the aims of monitoring the scheme and checking observance of the conditions for the grant of premium, which are short-term measures intended, first, to reduce the excess supply of beef and veal on the market as a result of the BSE crisis and, secondly, to maintain prices for farmers, it does not seem that the legislator has manifestly infringed the principle of proportionality in adopting Article 50a(1) of Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organisation of the market in beef and repealing Regulations No 1244/82 and No 714/89, as amended by Regulation No 2311/96, in so far as that article excludes the applicant from receiving the premium entirely whenever the period for making applications is exceeded, irrespective of how and by what extent.

(see paras 53, 55-56, operative part 2)