CELEX: C1997/074/07
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-463/93 (reference for a preliminary ruling from the Verwaltungsgericht Düsseldorf): Katholische Kirchengemeinde St. Martinus Elten v. Landwirtschaftskammer Rheinland, joined parties: Arnold Derksen, Johann Thyssen (Additional levy on milk - Calculation of the reference quantity - Taking into account of a quantity produced in another Member State)

No C 74/4            EN                   Official Journal of the European Communities                                      8 . 3 . 97
 Articles 48, 52 and 59 of the EC Treaty do not apply to a             concluded a cultivation contract with a group of
 situation which is confined in all respects within a single          producers, as referring to the delivery, by a producer or
 Member State.                                                        group of producers to the processor, of a quantity of
                                                                       tobacco to be processed in performance of the cultivation
                                                                       contract.
 H OJ No C 159 , 24 . 6 . 1995 .
                                                                       (') OJ No C 286 , 28 . 10 . 1995 .
               JUDGMENT OF THE COURT
                        (Third Chamber)
                                                                                    JUDGMENT OF THE COURT
                      of 16 January 1997                                                       ( Sixth Chamber)
 in Case C-273/95 (reference for a preliminary ruling from                                    of 23 January 1997
 the Pretura Circondariale, Verona): Impresa Agricola
 Buratti Leonardo, Pierluigi e Livio v. Tabacchicoltori               in Case C-463/93 (reference for a preliminary ruling from
           Associati Veneti Soc. coop, ari (TAV) (')                  the Verwaltungsgericht Düsseldorf): Katholische Kirchen­
                                                                      gemeinde St. Martinus Elten v. Landwirtschaftskammer
 (Common organization of the market — Raw tobacco —                   Rheinland, joined parties: Arnold Derksen, Johann
 Commission Regulation (EEC) No 3478/92 — Premium                                                    Thyssen (')
 system for raw tobacco — Calculation of the premium to
 be paid by a group of producers to the individual                    (Additional levy on milk — Calculation of the reference
                            producer)                                 quantity — Taking into account of a quantity produced in
                                                                                          another Member State)
                           97/C 74/06
                                                                                                   ( 97/C 74/07
                (Language of the case: Italian)
                                                                                     (Language of the case: German)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                      (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
In Case C-273/95 : reference to the Court under Article 177
                                                                     In Case C-463/93 : reference to the Court under Article 177
of the EC Treaty from the Pretura Circondariale ( District
Magistrate's Court), Verona, Sezione Distaccata di Isola             of the EC Treaty from the Verwaltungsgericht
della Scala (Isola della Scala Division ) (Italy) for a               (Administrative Court) Düsseldorf, Germany, for a
preliminary ruling in the proceedings pending before that            preliminary ruling in the proceedings pending before that
court between Impresa Agricola Buratti Leonardo, Pierlui­            Court between Katholische Kirchengemeinde St. Martinus
gi e Livio and Tabacchicoltori Associati Veneti Soc. coop,           Elten and Landwirtschaftskammer Rheinland, joined
arl (TAV) — on the interpretation of Articles 10 and 11 of           parties: Arnold Derksen, Johann Thyssen — on the
Commission Regulation ( EEC ) No 3478/92 of 1 December               interpretation of the rules governing the additional levy on
 1992 laying down detailed rules for the application of the          milk introduced by Council Regulation ( EEC) No 856/84
premium system for raw tobacco ( OJ No L 351 , 2 . 12.               of 31 March 1984 amending Regulation ( EEC ) No 804/68
 1992, p. 17), as amended by Commission Regulation ( EC )            on the common organization of the market in milk and
No 3477/93 of 17 December 1993 concerning the                        milk products ( OJ No L 90, 9 . 4 . 1984, p. 10 ), Council
agricultural conversion rates to be applied in the tobacco           Regulation ( EEC ) No 857/84 of 31 March 1984 adopting
sector ( OJ No L 317, 18 . 12 . 19 93 , p. 30 ) — the Court          general rules for the application of the levy referred to in
(Third Chamber ), composed of: J. C. Moitinho de                     Article 5c of Regulation ( EEC ) No 804/68 ( OJ No L 90,
Almeida ( Rapporteur ), President of the Chamber, C.                 1 . 4 . 1984, p. 13 ), as amended by Council Regulation
Gulmann and J. -P. Puissochet, Judges; M. B. Elmer,                  ( EEC ) No 590/85 of 26 February 1985 amending
Advocate-General; H. A. Rühl , Principal Administrator,              Regulation (EEC ) No 857/84 ( OJ No L 68 , 8 . 3 . 1985,
for the Registrar, has given a judgment on 16 January                p. 1 ), and Commission Regulation ( EEC) No 1546/88 of
1997, in which it has ruled :                                        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 No L 139, 4. 6 . 1988 ,
The terms 'delivery under contract' and 'delivery ' used             p. 12 ) — The Court ( Sixth Chamber), composed of: J. L.
respectively in Article 10 of Commission Regulation                  Murray, President of the Fourth Chamber, acting as
(EEC) No 3478/92 of 1 December 1992 laying down                      President of the Sixth Chamber, C. N. Kakouris, P. J. G.
detailed rules for the application of the premium system             Kapteyn, G. Hirsch ( Rapporteur) and H. Ragnemalm,
for raw tobacco, and Article 1 of Commission Regulation              Judges; D. Ruiz-Jarabo Colomer, Advocate-General;
(EC) No 3477/93 of 17 December 1993 concerning the                   D. Louterman-Hubeau, Principal Administrator, for the
agricultural conversion rates to be applied in the tobacco           Registrar, has given a judgment on 23 January 1997, in
sector are to be interpreted, where the processor has                which it has ruled:
 ---pagebreak--- 8 . 3 . 97           fWl                  Official Journal of the European Communities                                   No C 74/5
The reference quantity allocated to a producer by a                  than that fixed in the .case of immediate payment, in
Member State in 1984 under the additional levy system is             default of which their vehicle will be impounded.
attached to all the land, owned or leased, which is
operated by the producer for milk production, even if part           H OJ No C 87, 8 . 4 . 1995 .
of the land is situated in another Member State. On expiry
of a lease, the reference quantity reverts to the lessor,
where the former lessee does not intend to continue milk
production.
H OJ No C 43 , 12. 2 . 1994 .
                                                                                   JUDGMENT OF THE COURT
                                                                                            ( Fourth Chamber)
                                                                                           of 23 January 1997
                                                                     in Case C-153/95 ( reference for a preliminary ruling from
                                                                     the Raad van State van Belgie ): Andre en Co. NV v.
               JUDGMENT OF THE COURT                                                          Belgian State (')
                        ( Sixth Chamber)                                   (Monetary compensatory amounts — Exemption)
                      of 23 January 1997                                                        ( 97/C 74/09 )
in Case C-29/95 (reference for a preliminary ruling from
the Rechtbank van eerste aanleg te Antwerpen: Eckehard                               (Language of the case: Dutch)
         Pastoors, Trans-cap GmbH v. Belgian State (')
(Road transport — Council Regulations (EEC) No 3820/
    85 and 3821/85 — Implementing national provisions)                 (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                           ( 97/C 74/08 )
                                                                     In Case C-153/95 : reference to the Court under Article 177
                 (Language of the case: Dutch)                       of the EC Treaty from the Raad van State, Belgium, for a
                                                                     preliminary ruling in the proceedings pending before that
                                                                     court between Andre en Co. NV and Belgian State — on
                                                                     the interpretation of Commission Regulation ( EEC )
  (Provisional translation; the definitive translation will be       No 926/80 of 15 April 1980 on exemption from the
           published in the European Court Reports)                  application of monetary compensatory amounts in certain
                                                                     cases ( OJ No L 99 , 1980, p. 15 ) — the Court ( Fourth
                                                                     Chamber), composed of: C. N. Kakouris ( Rapporteur )
In Case C-29/95 reference to the Court under Article 177             acting as President, P. J. G. Kapteyn and H. Ragnemalm,
of the EC Treaty by the Rechtbank van eerste aanleg te               Judges; A. La Pergola, Advocate-General; L. Hewlett,
Antwerpen ( Belgium ) for a preliminary ruling in the                Administrator, for the Registrar, has given a judgment on
proceedings pending before that court between Eckehard               23 January 1997, in which it has ruled:
Pastoors, Trans-Cap GmbH and Belgian State — on the
interpretation of Article 6 of the EC Treaty and the
general principle of equality laid down by Community law              1 . Article 8 (2) (b) of Commission Regulation (EEC)
— the Court composed of: G. F. Mancini, President of                      No 926/80 of 15 April 1980 on exemption from the
Chamber, J. L. Murray, C. N. Kakouris ( Rapporteur ),                     application of monetary compensatory amounts
P. J. G. Kapteyn and G. Hirsch, Judges, Advocate-General;                 (MCAs) in certain cases is to be interpreted as
 G. Tesauro, L. Hewlett, Administrator, for the Registrar,                applying also where the exported product had
has given a judgment on 23 January 1997, in which it                      previously been imported within the six months
rules :                                                                   preceding its exportation.
Article 6 of the EC Treaty precludes national legislation             2. Article 8 (2) (b) of Regulation (EEC) No 926/80 is to
 adopted in implementation of Council Regulation (EEC)                    be interpreted as meaning that, in order to refuse
 No 3820/85 of 20 December 1985 on the harmonization                      exemption from payment of MCAs, it is sufficient for
 of certain social legislation relating to road transport and             the same product to be exported within six months
 Council Regulation (EEC) No 3821 /85 of 20 December                      of its importation, irrespective of whether it was
 1985 on recording equipment in road transport which, in                  imported by the same or another trader.
 cases of infringement, imposes only on non-residents who
 opt for continuation of the normal criminal proceedings              H OJ No C 189 , 22 . 7 . 1995 .
 against them rather than for immediate payment of the
 prescribed fine the obligation to deposit a fixed sum by
 way of security in respect of each offence, which is higher