CELEX: C2004/228/37
Language: en
Date: 2004-09-11 00:00:00
Title: Case C-223/04: Reference for a preliminary ruling by the Tribunale di Gorizia by order of that court of 7 April 2004 in the case of Azienda Agricola Bressan Aldo against Agenzia per le erogazioni in Agricoltura (AGEA) and Cospalat Friuli Venezia Giulia

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/19
            
         Reference for a preliminary ruling by the Tribunale di Gorizia by order of that court of 7 April 2004 in the case of Azienda Agricola Bressan Aldo against Agenzia per le erogazioni in Agricoltura (AGEA) and Cospalat Friuli Venezia Giulia
   (Case C-223/04)
   (2004/C 228/37)
   Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Gorizia (District Court, Gorizia, Italy) of 7 April 2004, received at the Court Registry on 28 May 2004, for a preliminary ruling in the case of Azienda Agricola Bressan Aldo against Agenzia per le erogazioni in Agricoltura (AGEA) and Cospalat Friuli Venezia Giulia on the following question:
   
               —
            
            
               Since the legal nature of the additional levy on milk and milk products must therefore be determined in the light of the provisions of Community law under which that levy was introduced and the basic rules governing its application were established (in particular Regulation No 856/84 (1) of 31 March 1984 and Regulation No 3950/92 2 of 28 December 1992), must Article 1 of Regulation (EEC) No 856/84 of 31 March 1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of 28 December 1992 be interpreted as meaning that the additional levy on milk and milk products is in the nature of an administrative penalty with the result that producers are liable to pay it only where quantities allocated have been exceeded by them intentionally or as a result of negligence?
            
         
      (1)  OJ L 90 of 1. 4. 1984, p. 10.
   
      (2)  OJ L 405 of 31. 12. 1992, p. 1.