CELEX: C1999/204/20
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Second Chamber) of 29 April 1999 in Case C-288/97 (reference for a preliminary ruling from the Pretura Circondariale di Bassano del Grappa): Consorzio fra i Caseifici dell'Altopiano di Asiago v Regione Veneto (Milk - Additional levy - Meaning of purchaser - Producers' cooperative)

17.7.1999                EN                      Official Journal of the European Communities                                           C 204/11
determine, in accordance with its domestic law including the rules of       2. Article 2(2) of Regulation No 3950/92 is to be understood as
private international law, the legal effects of a decision given in the          meaning that, whilst purchasers are entitled to deduct from the
State of origin in relation to a court-supervised liquidation.                   price of milk paid to a producer the amount owed by that
                                                                                 producer by way of additional levy, the provision does not impose
                                                                                 on them any obligation in that regard.
(1) OJ C 271 of 4.9.1997.
                                                                            (1) OJ C 295 of 27.9.1997.
                  JUDGMENT OF THE COURT
                         (Second Chamber)                                                    JUDGMENT OF THE COURT
                          of 29 April 1999                                                            (Fifth Chamber)
in Case C-288/97 (reference for a preliminary ruling
from the Pretura Circondariale di Bassano del Grappa):                                               of 29 April 1999
Consorzio fra i Caseifici dell’Altopiano di Asiago v
                         Regione Veneto (1)                                 in Case C-293/97 (reference for a preliminary ruling from
                                                                            the High Court of Justice): The Queen v Secretary of State
(Milk — Additional levy — Meaning of purchaser —                            for the Environment and Minister of Agriculture Fisheries
                       Producers’ cooperative)                              and Food ex parte H.A. Standley and Others and D.G.D.
                                                                                                   Metson and Others (1)
                           (1999/C 204/20)
                                                                            (Directive 91/676/EEC — Protection of waters against
                                                                            pollution caused by nitrates from agricultural sources —
                     (Language of the case: Italian)                        Identification of waters affected by pollution — Designation
                                                                            of vulnerable zones — Criteria — Validity in the light of the
                                                                            polluter pays principle, the principle that environmental
(Provisional translation; the definitive translation will be published      damage should as a priority be rectified at source, the
                    in the European Court Reports)                               principle of proportionality and the right to property)
In Case C-288/97: reference to the Court under Article 177 of                                         (1999/C 204/21)
the EC Treaty from the Pretura Circondariale di Bassano del
Grappa (District Magistrates’ Court, Bassano del Grappa), Italy,
for a preliminary ruling in the proceedings pending before that                                 (Language of the case: English)
court between Consorzio fra i Caseifici dell’Altopiano di
Asiago and Regione Veneto — on the interpretation of Articles
2 and 9 of Council Regulation (EEC) No 3950/92 of 28
December 1992 establishing an additional levy in the milk and
milk products sector (OJ 1992 L 405, p. 1) — the Court                      In Case C-293/97: reference to the Court under Article 177 of
(Second Chamber), composed of G. Hirsch (Rapporteur),                       the EC Treaty by the High Court of Justice of England and
President of the Chamber, G.F. Mancini and R. Schintgen,                    Wales, Queen’s Bench Division, for a preliminary ruling in the
Judges, A. La Pergola, Advocate General; R. Grass, Registrar,               proceedings pending before that court in The Queen v
has given a judgment on 29 April 1999, in which it has ruled:               Secretary of State for the Environment and Minister of
                                                                            Agriculture, Fisheries and Food ex parte H.A. Standley and
1. For the purposes of Articles 2(2) and 9(e) of Council Regulation         Others and D.G.D. Metson and Others, intervener: National
    (EEC) No 3950/92 of 28 December 1992 establishing an                    Farmers’ Union, on the interpretation and validity of Council
    additional levy in the milk and milk products sector, the term          Directive 91/676/EEC of 12 December 1991 concerning the
    purchaser is to be interpreted as including any intermediary            protection of waters against pollution caused by nitrates from
    undertaking which acquires milk from a producer under a                 agricultural sources (OJ 1991 L 375, p. 1) — the Court
    contract, irrespective of the manner in which the latter is paid,       (Fifth Chamber), composed of: P. Jann, President of the First
    for the purpose either of treating or processing the milk itself or     Chamber, acting for the President of the Fifth Chamber,
    of transferring it to another undertaking for treatment or              J.C. Moitinho de Almeida (Rapporteur), C. Gulmann,
    processing and which, in the event that the undertaking in              D.A.O. Edward and L. Sevón, Judges; P. Léger, Advocate Gen-
    question is a collection of cooperatives which are themselves           eral; L. Hewlett, Administrator, for the Registrar, has given a
    purchasers carries out on behalf of those cooperatives the              judgment on 29 April 1999, in which it held:
    administrative and accounting operations necessary for the
    payment of the levy, and in particular the operations referred to       1. Articles 2(j) and 3(1) of Council Directive 91/676/EEC of
    in Article 7 of Commission Regulation (EEC) No 536/93 of                     12 December 1991 concerning the protection of waters against
    9 March 1993 laying down detailed rules on the application of                pollution caused by nitrates from agricultural sources and Annex
    the additional levy on milk and milk products.                               I thereto must be interpreted as requiring the identification of