CELEX: C1996/031/05
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 23 November 1995 in Case C-285/93 (reference for a preliminary ruling from the Finanzgericht München): Dominikanerinnen-Kloster Altenhohenau v. Hauptzollamt Rosenheim (Additional levy on milk - Reference quantity for direct sales)

3 . 2 . 96               EN |                 Official Journal of the European Communities                                     No C 31 /3
2 . In order to be regarded as 'special' within the meaning of           1 . Article 12 (h) of Council Regulation (EEC) No 857/84
     Article 4 (4) of Regulation (EEC) No 1408/71 , it is                    of 31 March 1984 adopting general rules for the
     sufficient — without there being any need to take other                 application of the levy referred to in Article 5c of
     factors into consideration — that the social security                   Regulation (EEC) No 804/68 in the milk and milk
     scheme in question is different from the general social                 products sector must be interpreted as meaning that
     security scheme applicable to employed persons in the                   milk deliveries made by an agricultural holding to the
      Member State concerned and that all, or certain                        pupils and boarders of a school against payment of the
      categories of, civil servants are directly subject to it, or           price of the milk indirectly by inclusion in the boarding
      that it refers to a social security scheme for civil servants          fees must be described as direct sale within the meaning
     already in force in that Member State.                                  of that provision where the agricultural holding, the
                                                                             school and the boarding facilities are run by the same
3 . Articles 48 and 51 of the EC Treaty must be interpreted                  institution .
     as precluding refusal to take into account, for the
     acquisition of the right to a pension, periods of                   2 . Consideration of Article 4 (1 ) of Commission
      employment completed by a person subject to a special                  Regulation (EEC) No 1371 /84 of 16 May 1984 laying
      scheme for civil servants or persons treated as such, such             down detailed rules for the application of the additional
      as an IKA staff doctor, in public hospitals in another                 levy referred to in Article 5c of Regulation (EEC) No
      Member State, where the relevant national legislation                  804/68 has disclosed no factor ofsuch a kind as to affect
      allows such periods to be taken into account if they have              its validity in so far as it does not allow for account to be
      been completed in comparable establishments within                     taken of changes in the financial needs of the producer
      that State.                                                            which are linked to the holding after expiry of the
                                                                             time-limit for registration for the purpose of obtaining a
(') OJ No C 18 , 21 . 1 . 1994 .                                             reference quantity for direct sales.
                                                                         3 . Article 4(1 ) of Regulation (EEC) No 1371 /84, cited
                                                                             above, must be interpreted as meaning that a producer
                                                                             who has not complied with the time-limit laid down by
                 JUDGMENT OF THE COURT                                       that provision may be allocated a reference quantity in
                          ( Second Chamber )                                 application of the principle of restoration to the status
                       of 23 November 1995
                                                                             quo ante under the rules of national law, provided,
                                                                             however, that there is no discrimination in applying the
in Case C-285/93 ( reference for a preliminary ruling from                   national rule in comparison with the way in which cases
the Finanzgericht Miinchen ): Dominikanerinnen-Kloster                       of non-compliance with national time-limits are treated
         AltenHohenau v. Hauptzollamt Rosenheim ( l )                        and that it is not applied in a way that would undermine
(Additional levy on milk — Reference quantity for direct                     the purposes of the milk quota scheme.
                                   sales)
                                                                         (') OJ No C 175 , 26 . 6 . 1993 .
                              ( 96/C 31 /05 )
                  (Language of the case: German)
 (Provisional translation; the definitive translation will be
     published in the Reports of Cases before the Court)                                JUDGMENT OF THE COURT
                                                                                                  ( Sixth Chamber )
In Case C-285/95 : reference to the Court under Article 177
                                                                                              of 23 November 1995
of the EEC Treaty from the Finanzgericht Miinchen
 ( Finance Court, Munich ) for a preliminary ruling in the               in Case C-394/93 (reference for a preliminary ruling from
 proceedings pending before that court between                           the Landessozialgericht Rheinland-Pfalz, Mainz): Gabriel
 Dominikanerinnen-Kloster Altenhohenau v. Hauptzollamt                            Alonso-Perez v. Bundesanstalt fur Arbeit ( 1 )
 Rosenheim — on the interpretation of Article 12 ( h ) of                 (Social security for workers moving within the Community
 Council Regulation ( EEC ) No 857/84 of 31 March 1984                    — Family benefits — Member State limiting the retroactive
 adopting general rules for the application of the levy referred                  effect of an application for family benefits)
 to in Article 5c of Regulation ( EEC ) No 804/68 in the milk
 and milk products sector ( OJ 1984 , No L 90, p. 13 ), and on                                       ( 96/C 31 /06 )
 the interpretation and validity, in particular in the light of
 the general principles of Community law, of Article 4 ( 1 ) of                          (Language of the case: German)
  Commission Regulation ( EEC ) No 1371 /84 of 16 May
  1984 laying down detailed rules for the application of the              (Provisional translation; the definitive translation will be
  additional levy referred to in Article 5c of Regulation ( EEC )            published in the Reports of Cases before the Court)
 No 804/68 ( OJ 1 984, No L 1 32 , p. 1 1 ) — the Court ( Second
  Chamber ), composed of G. Hirsch ( Rapporteur ), President              In Case C-394/93 : reference to the Court under Article 177
  of the Chamber, G. F. Mancini and F. A. Schockweiler,                   of the EEC Treaty from the Landessozialgericht ( Higher
 Judges; G. Cosmas, Advocate General; H. von Holstein,                    Social Court) Rheinland-Pfalz, Mainz ( Germany), for a
  Deputy Registrar, gave a judgment on 23 November 1995 ,                 preliminary ruling in the proceedings pending before that
  in which it ruled :                                                     court between Gabriel Alonso-Perez and Bundesanstalt fur