Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - PROHIBITION - SCOPE - ADDITIONAL LEVY ON MILK - CHOICE OF REFERENCE YEAR BY THE MEMBER STATES - DISCRIMINATION ARISING BECAUSE OF THE CHOICE MADE BY A MEMBER STATE - NOT PERMISSIBLE

( EEC TREATY , ART . 40 ( 3 ), SECOND SUBPARAGRAPH ; COUNCIL REGULATION NO 857/84 , ART . 2 ( 1 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - DETERMINATION OF REFERENCE QUANTITIES EXEMPT FROM THE LEVY - CHOICE BY A MEMBER STATE OF 1981 AS THE REFERENCE YEAR - WEIGHTING PURCHASERS ' REFERENCE QUANTITIES ACCORDING TO DELIVERIES OF CERTAIN CATEGORIES OF PERSONS LIABLE FOR THE LEVY - PROHIBITION

( REGULATION NO 804/68 OF THE COUNCIL , ART . 5C ; COUNCIL REGULATION NO 857/84 , ART . 2 ( 1 ) AND ( 2 ))

3 . COMMUNITY LAW - INTERPRETATION - METHODS

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - CHOICE OF FORMULA B - INDIVIDUAL REFERENCE QUANTITY OF A FARMER WHO HAS CEASED PRODUCTION - ADDITION TO THE NATIONAL RESERVE

( COUNCIL REGULATION NO 857/84 )

Summary

1 . THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . IT REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED . IT COVERS ALL MEASURES RELATING TO THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , IRRESPECTIVE OF THE AUTHORITY WHICH LAYS THEM DOWN AND , CONSEQUENTLY , IS ALSO BINDING ON THE MEMBER STATES WHEN THEY ARE IMPLEMENTING THE SAID COMMON ORGANIZATION . IN PARTICULAR IT PRECLUDES A MEMBER STATE FROM CHOOSING 1981 AS THE REFERENCE YEAR PURSUANT TO ARTICLE 2 OF COUNCIL REGULATION NO 857/84 ON THE APPLICATION OF THE ADDITIONAL LEVY ON MILK IF , OWING TO THE PARTICULAR CONDITIONS ON THE MARKET OF THAT STATE , THE IMPLEMENTATION OF THAT OPTION IN ITS TERRITORY LEADS TO DISCRIMINATION BETWEEN PRODUCERS WITHIN THE COMMUNITY .

2.ARTICLE 2 OF COUNCIL REGULATION NO 857/84 ON THE APPLICATION OF THE ADDITIONAL LEVY ON MILK PRECLUDES , EXCEPT FOR THOSE CASES EXPRESSLY PROVIDED FOR IN THE RULES , A MEMBER STATE WHICH HAS CHOSEN 1981 AS THE REFERENCE YEAR PURSUANT TO THAT PROVISION FROM DETERMINING PURCHASERS ' REFERENCE QUANTITIES BY WEIGHTING THE QUANTITY OF MILK PURCHASED BY THEM DURING 1981 BY A PERCENTAGE WHICH VARIES ON THE BASIS OF THE LEVEL OF DELIVERIES OF CERTAIN CATEGORIES OF PERSONS LIABLE FOR THE LEVY .

3 . WHEN IT IS NECESSARY TO INTERPRET A PROVISION OF SECONDARY COMMUNITY LAW , PREFERENCE SHOULD AS FAR AS POSSIBLE BE GIVEN TO THE INTERPRETATION WHICH RENDERS THE PROVISION CONSISTENT WITH THE TREATY .

4 . COUNCIL REGULATION NO 857/84 ON THE APPLICATION OF THE ADDITIONAL LEVY ON MILK PRECLUDES A MEMBER STATE WHICH HAS OPTED FOR FORMULA B FROM ADDING THE INDIVIDUAL REFERENCE QUANTITY OF A PRODUCER WHO HAS CEASED PRODUCTION TO THE REFERENCE QUANTITY OF THE PURCHASER TO WHOM THAT PRODUCER WAS SUPPLYING MILK AT THE TIME WHEN HE CEASED PRODUCTION , INSTEAD OF ADDING IT TO THE NATIONAL RESERVE .