CELEX: C1996/133/06
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 February 1996 in Case C-63/93 (reference for a preliminary ruling from the Supreme Court of Ireland): Fintan Duff and Others v. Minister for Agriculture and Food, and the Attorney General (Additional levy on milk - Special reference quantities on account of a development plan - Obligation or discretionary power)

No C 133 /4           EN                   Official Journal of the European Communities                                         4 . 5 . 96
of capital duty and subsequently, with effect from 1 January               producers who had adopted milk production
1986, by Council Directive 85/303/EEC of 10 June 1985,                     development plans under Council Directive
precludes the application of national laws maintaining at                  72/1 59/EEC of 17 April 1972 on the modernization of
1,20% the rate of registration duty on contributions of                    farms.
movable property made in the context of a merger.
                                                                      2 . No requirement flowing from the protection afforded
(>) OJ No C 233 , 20 . 8 . 1994 .                                          by general principles of law, such as the protection
    OJ No C 304, 29 . 10 . 1994 .                                          of legitimate expectations, the prohibition of
                                                                           discrimination, proportionality and legal certainty, or
                                                                           by fundamental rights, such as the right to property and
                                                                           the freedom to pursue a trade or profession, imposes on
                                                                           the competent national authority any obligation, under
                                                                           the first indent of Article 3 (1 ) of Regulation (EEC)
                                                                           No 857/84, to grant special reference quantities to
                                                                           producers who have adopted development plans, even
                                                                           where those plans had been approved by the competent
                                                                           authorities .
              JUDGMENT OF THE COURT
                                                                      3 . Consideration of the abovementioned general principles
                       ( Sixth Chamber )                                   and fundamental rights has not disclosed any factor of
                    of 15 February 1996                                    such a nature as to affect the validity ofthe first indent of
                                                                           Article 3 (1 ) of Regulation (EEC) No 857/84.
in Case C-63/93 ( reference for a preliminary ruling from the
Supreme Court of Ireland ): Fintan Duff and Others v.
Minister for Agriculture and Food, and the Attorney                   (*) OJ No C 112 , 22 . 4 . 1993 .
                             General ( 1 )
(Additional levy on milk — Special reference quantities on
account of a development plan — Obligation or
                    discretionary power)
                          ( 96/C 133/06 )
               (Language of the case: English)                                       JUDGMENT OF THE COURT
                                                                                              ( Sixth Chamber )
                                                                                           of 15 February 1996
In Case C-63/93 : reference to the Court under Article 177 of         in Case C-209/94 P: Buralux SA, Satrod SA and Ourry SA
the EC Treaty from the Supreme Court of Ireland for a                             v. Council of the European Union (^
preliminary ruling in the proceedings pending before that                              (Appeal — Transfer of waste)
court between Fintan Duff and Others and Minister for
Agriculture and Food, and the Attorney General — on the                                         ( 96/C 133/07 )
interpretation and validity of the first indent of Article 3(1 )
of Council Regulation ( EEC ) No 857/84 of 31 March 1984
adopting general rules for the application of the levy referred                       (Language of the case: French)
to in Article 5c of Regulation ( EEC ) No 804/68 in the milk
and milk products sector ( OJ No L 90, 1984, p . 13 ) — the
Court ( Sixth Chamber ), composed of C. N. Kakouris,                  (Provisional translation; the definitive translation will be
President of the Chamber, G. Hirsch ( Rapporteur ), G. F.                       published in the European Court Reports)
Mancini , F. A. Schockweiler and P. J. G. Kapteyn, Judges;
G. Cosmas, Advocate-General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 15 February                In Case C-209/94 P: Buralux SA, Satrod SA and Ourry SA
1996 , in which it rules :                                            ( represented by Pierrot Schiltz, Jean-Claude Fourgoux and
                                                                      Christian Huglo ) — appeal against the order of the Court of
                                                                      First Instance of 17 May 1994 in Case T-475/93 Buralux
                                                                      SA, Satrod SA and Ourry SA v. Council ( not published in the
1 . The first indent of Article 3 (1 ) of Council Regulation          ECR ), seeking to have that order set aside,. the other party to
    (EEC) No 857/84 of 31 March 1984 adopting general                 the proceedings being the Council of the European Union
    rules for the application of the levy referred to in              ( Agents : Arthur Alan Dashwood and Bjarne Hoff-Nielsen )
    Article 5c of Regulation (EEC) No 804/68 in the milk              — the Court ( Sixth Chamber ), composed of C. N. Kakouris,
    and milk products sector, read in the light of the third          President of the Chamber, G. Hirsch, G. F. Mancini , F. A.
    recital in the preamble to that Regulation, is to be              Schockweiler and P. J. G. Kapteyn ( Rapporteur ), Judges;
    construed as not imposing on Member States an                     C. O. Lenz, Advocate-General; R. Grass , Registrar, has
    obligation to grant a special reference quantity to               given a judgment on 15 February 1996 , in which it: