CELEX: C2006/326/30
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-275/05: Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen — Germany) — Alois Kibler jun. v Land Baden-Württemberg (Milk and milk products — Article 5c of Regulation (EEC) No 804/68 — Additional levy in the milk and milk products sector — Regulations (EEC) Nos 857/84, 590/85 and 1546/88 — Transfer of the reference quantity following the return of part of a holding — Landlord who is not himself a producer of milk or milk products — Rural lease voluntarily brought to an end)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/15
            
         Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen — Germany) — Alois Kibler jun. v Land Baden-Württemberg
   (Case C-275/05) (1)
   
   (Milk and milk products - Article 5c of Regulation (EEC) No 804/68 - Additional levy in the milk and milk products sector - Regulations (EEC) Nos 857/84, 590/85 and 1546/88 - Transfer of the reference quantity following the return of part of a holding - Landlord who is not himself a producer of milk or milk products - Rural lease voluntarily brought to an end)
   (2006/C 326/30)
   Language of the case: German
   Referring court
   Verwaltungsgericht Sigmaringen
   Parties to the main proceedings
   
      Applicant: Alois Kibler jun.
   
      Defendant: Land Baden-Württemberg
   Re:
   Reference for a preliminary ruling — Verwaltungsgericht Sigmaringen — Interpretation of Article 7(1) of Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector (OJ 1984 L 90, p. 13), as amended by Council Regulation (EEC) No 590/85 of 26 February 1985 (OJ 1985 L 68, p. 1), and of Article 7(2), (3) and (4) of Commission Regulation (EEC) No 1546/88 of 3 June 1988 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68 (OJ 1988 L 139, p. 12) — Return to a landlord, who is not himself a producer, of part of a dairy farm which has been let out — Transfer of the reference quantity which is attached thereto
   Operative part of the judgment
   
               1.
            
            
               Article 7(1) of Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector, as amended by Council Regulation (EEC) No 590/85 of 26 February 1985, and points 2, 3 and 4 of the first subparagraph of Article 7 of Commission Regulation (EEC) No 1546/88 of 3 June 1988 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68 are to be interpreted as meaning that on the return of a leased part of a holding the corresponding reference quantity for that part cannot pass to the landlord if he is not a milk producer, does not intend to carry out such an activity and does not intend to grant a lease for the undertaking concerned to a milk producer.
            
         
               2.
            
            
               Article 7(1) of Regulation No 857/84, as amended by Regulation No 590/85, and point 4 of the first subparagraph of Article 7 of Regulation No 1546/88 preclude the reference quantity from being retained by the tenant on the ending of a rural lease, where the lease has been voluntarily brought to an end.
            
         
      (1)  OJ C 229, 17.09.2005.