Case C-34/08: Reference for a preliminary ruling from the Tribunale Ordinario di Padova, Italy lodged on 28 January 2008 — Azienda Agricola Disarò Antonio v Cooperativa Milka 2000 S.C. a r.l.
Date: 2008-01-28
Institutions: Court of Justice
Subjects: common agricultural policy, interpretation of the law, milk, milk product, production quota, regulation of agricultural production

12.4.2008

EN

Official Journal of the European Union

C 92/15

2. In the event that the first question is answered in the affirma-

tive:

Is Article 11 of Regulation No 320/2006 compatible with
primary law, in particular with the principle of non-discrimi-
nation and the principle of
legitimate
expectations derived from Article 34 EC?

the protection of

of the common market yet at the same time excludes all
discrimination between producers or consumers in the Com-
munity, but nevertheless the uniform application of the addi-
tional levy, without identification of those producers who are
in deficit as compared with those who are producing
surpluses, ultimately discriminates against Italian producers
belonging to a milk-deficit country?

Reference for a preliminary ruling from the Tribunale
Ordinario di Padova, Italy lodged on 28 January 2008 —
Azienda Agricola Disarò Antonio v Cooperativa Milka
2000 S.C. a r.l.

(Case C-34/08)

(2008/C 92/27)

Language of the case: Italian

Referring court

Tribunale Ordinario di Padova

Parties to the main proceedings

Applicant: Azienda Agricola Disarò Antonio

Defendant: Cooperativa Milka 2000 Soc. coop. arl

Questions referred

1. Is

Council

(EC) No

Regulation

1788/2003 (1)

of
29 September 2003, which imposes an additional levy on
production of milk and milk products in excess of
the
national quota allocated, without taking account of periodical
updating of
the quantity allocated to each Community
country following specific verification of the respective quan-
tities produced, compatible with Article 32 of the Treaty and
with the aims of the common agricultural policy which that
article sets out, such as increasing agricultural productivity,
developing technical progress, ensuring rational development
of agriculture and also optimising utilisation of the factors of
production, in particular labour, since that mechanism also
has an impact on Italian milk and milk products producers,
detracting from a fair standard of living and from develop-
ment as a result of inadequate remuneration of the factors of
production and since Italy is in fact a milk-deficit country
(see the government report cited above, paragraph 6.5),
forced to import raw material
to sustain the industries
engaged in the processing and marketing of quality products
(see the agricultural report of 15 February 2004, annexed
hereto)?

3. Is Council Regulation (EC) No 1788/2003 compatible with
Article 34 EC in so far as it provides that pursuit of the
objectives set out in Article 33 ‘shall exclude any discrimina-
tion between producers or consumers within the Com-
munity’, whereas such discrimination is created by the regu-
lation, which, for the purpose of the additional levy, requires
a uniform contribution both from producers belonging to
milk-surplus countries and from those belonging to milk-
deficit countries such as Italy?

4. Is Council Regulation (EC) No 1788/2003 of 29 September
2003 compatible with the principle of proportionality laid
down in Article 5 of the Treaty in so far as the latter states
that Community action ‘shall not go beyond what is neces-
sary to achieve the objectives of this Treaty’, whereas the
uniform application of the additional levy goes further than
the aim of creating a common organisation of the market
because it perpetuates for average Italian farmers low produc-
tivity, low income and the need for permanent reliance on
public support?

(1) OJ L 270, p. 123.

Reference for a preliminary ruling from the Finanzgericht
Baden-Württemberg (Germany) lodged on 31 January 2008
— Grundstücksgemeinschaft Busley/Cibrian v Finanzamt
Stuttgart-Körperschaften

(Case C-35/08)

(2008/C 92/28)

Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings

Applicant: Grundstücksgemeinschaft Busley/Cibrian

2. Is Council Regulation (EC) No 1788/2003 compatible with
Article 33 EC, in so far as the latter provides for organisation

Defendant: Finanzamt Stuttgart-Körperschaften