CELEX: C1997/370/01
Language: en
Date: 1997-12-06 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 16 October 1997 in Case C-165/95 (reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division): The Queen v. Ministry of Agriculture Fisheries and Food, ex parte: Benjamin Lay, Donald Gage and David Gage (Additional levy on milk - Special reference quantity - Transfer of part of a mixed holding - Apportionment of the quota between transferor and transferee)

6 . 12 . 97           EN                 Official Journal of the European Communities                                   C 370/ 1
                                                                 I
                                                          (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
                JUDGMENT OF THE COURT                               transferee, in proportion to the part of the holding directly
                        (Sixth Chamber)                             or indirectly given over to dairy production at the time
                                                                    when the non-marketing undertaking was entered into
                      of 16 October 1997                            pursuant to Council Regulation (EEC) No 1078/77 of
                                                                    17 May 1977 introducing a system of premiums for the
in Case C-l 65/95 (reference for a preliminary ruling from          non-marketing of milk and milk products and for the
the High Court of Justice, Queen's Bench Division): The             conversion of dairy herds.
Queen v. Ministry of Agriculture Fisheries and Food, ex
   parte: Benjamin Lay, Donald Gage and David Gage (')
                                                                    (■) OJ C 189 , 22 . 7. 1995 .
(Additional levy on milk — Special reference quantity —
Transfer of part of a mixed holding — Apportionment of
          the quota between transferor and transferee)
                         ( 97/C 370/01 )
                                                                    Action brought on 13 October 1997 by the Kingdom of
                 (Language of the case: English)                      Spain against Commission of the European Communities
                                                                                             (Case C-349/97)
In Case C-l 65195 : reference to the Court under Article 177                                   ( 97/C 370/02 )
of the EC Treaty from the High Court of Justice, Queen's
Bench Division (United Kingdom), for a preliminary ruling
in the proceedings pending before that court between The            An action against the Commission of the European
Queen and Ministry of Agriculture Fisheries and Food, ex            Communities was brought before the Court of Justice on
parte: Benjamin Lay, Donald Gage and David Gage — on                13 October 1997 by the Kingdom of Spain, represented by
the interpretation of Articles 1 (2) and 2 of Council               Santiago Ortiz Vaamonde, Abogado del Estado, acting as
Regulation ( EEC) No 2055/93 of 19 July 1993 allocating             Agent, with an address for service in Luxembourg at the
a special reference quantity to certain producers of milk           Spanish Embassy, 4—6 Boulevard Emmanuel Servais.
and milk products ( OJ L 187, 29. 7. 1993, p. 8 ) — The
Court ( Sixth Chamber ), composed of: H. Ragnemalm,                 The applicant claims that the Court of Justice should :
President of the Chamber, G. F. Mancini and G. Hirsch
(Rapporteur), Judges; G. Tesauro, Advocate General; L.
                                                                    — annul Commission Decision 97/608/EC of 30 July
Hewlett, Administrator, for the Registrar, has given a                   1997 H amending Decision 97/333/EC on the
judgment on 16 October 1997, in which it has ruled:
                                                                         clearance of the accounts presented by the Member
                                                                         States in respect of the expenditure for 1993 of the
 On a proper construction of Articles 1 (2) and 2 of                     Guarantee Section of the European Agricultural and
 Council Regulation (EEC) No 2055/93 of 19 July 1993                     Guidance Fund ( EAGGF), as regards the financial
allocating a special reference quantity to certain producers             corrections imposed on the Kingdom of Spain and
of milk and milk products, where part of a mixed holding                 examined in the application, and
is transferred, the reference quantity must be apportioned
between the transferor and transferee, or allocated to the          — order the Commission to pay the costs.