CELEX: C1997/166/01
Language: en
Date: 1997-05-31 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 April 1997 in Case C-22/94 (reference for a preliminary ruling from the High Court of Ireland): Irish Farmers Association and Others v. Minister for Agriculture, Food and Forestry, Ireland and the Attorney General (Additional milk levy - Reference quantity - Temporary withdrawal - Conversion - Definitive reduction - Loss of compensation)

31 . 5 . 97              EN                  Official Journal of the European Communities                              No C 166/ 1
                                                                     I
                                                              (Information)
                                                 COURT OF JUSTICE
                                                           COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                 J. L. Murray, President of the Fourth Chamber, acting as
                                                                        President of the Sixth Chamber, C. N. Kakouris, P. J. G.
                          ( Sixth Chamber)
                                                                        Kapteyn, G. Hirsch ( Rapporteur) and H. Ragnemalm,
                          of 15 April 1997                              Judges; D. Ruiz-Jarabo Colomer, Advocate-General; H.
                                                                        von Holstein, Deputy Registrar, for the Registrar, has
in Case C-22/94 (reference for a preliminary ruling from                given a judgment on 15 April 1997, in which it has ruled:
the High Court of Ireland ): Irish Farmers Association and
Others v. Minister for Agriculture, Food and Forestry,
                Ireland and the Attorney General ( ] )
(Additional milk levy — Reference quantity — Temporary                  In so far as those provisions converted the temporary
withdrawal — Conversion — Definitive reduction — Loss                   withdrawal of a percentage of the reference quantity
                          of compensation)                              within the meaning of Council Regulation (EEC) No 77SI
                                                                        87 of 16 March 1987 temporarily withdrawing a
                             ( 97/C 166/01 )                            proportion of the reference quantities mentioned in
                                                                        Article 5c (I ) of Regulation (EEC) No 804/68 on the
                                                                        common organization of the market in milk and milk
                                                                        products, without compensation, into a definitive
                   (Language of the case: English)                      reduction, consideration of the general principles of
                                                                         Community law such as the protection of legitimate
                                                                        expectations, non-discrimination and proportionality as
                                                                        well as consideration of the fundamental right to property
In Case C-22/94 : reference to the Court under Article 177              has disclosed no factor capable of affecting the validity of,
of the EC Treaty from the High Court of Ireland for a                   first, Article 5c (3) (g) of Regulation (EEC) No 804/68 of
preliminary ruling in the proceedings pending before that                the Council of 27 June 1968 on the common organization
court between Irish Farmers Association and Others and                   of the market in milk and milk products, as inserted by
Minister for Agriculture, Food and Forestry, Ireland and                 Article 1 (3) of Council Regulation (EEC) No 816/92 of
the Attorney General — on the validity, first, of Article 5c             31 March 1992 amending Regulation (EEC) No 804/68
 ( 3 ) ( g ) of Regulation ( EEC ) No 804/68 of the Council of           and, secondly, Article 3 of Council Regulation (EEC)
 27 June 1968 on the common organization of the market                   No 3950/92 of 28 December 1992 establishing an
 in milk and milk products ( OJ, English Special Edition                 additional levy in the milk and milk products sector, as
 1968 (I ), p. 176 ), as inserted by Article 1 ( 3 ) of Council          amended by Article 1 of Council Regulation (EEC)
 Regulation (EEC) No 816/92 of 31 March 1992 amending                    No 1560/93 of 14 June 1993 amending Regulation (EEC)
 Regulation ( EEC ) No 804/68 ( OJ No L 86, 1992, p. 83 )                No 3950/92 .
 and, secondly, of Article 3 of Council Regulation ( EEC)
 No 3950/92 of 28 December 1992 establishing an
 additional levy in the milk and milk products sector ( OJ               C ) Oj No C 76 of 12 . 3 . 1994 .
 No L 405 , 1992, p. 1 ), as amended by Article 1 of
 Council Regulation (EEC) No 1560/93 of 14 June 1993
 amending Regulation (EEC) No 3950/92 ( OJ No L 154,
 1993 , p. 30 ) — the Court ( Sixth Chamber), composed of: