CELEX: C2000/192/07
Language: en
Date: 2000-07-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 13 April 2000 in Case C-292/97 (reference for a preliminary ruling from the Regeringsrätten): Proceedings brought by Kjell Karlsson and Others (Additional levy on milk — Milk quota scheme in Sweden — Initial allocation of milk quotas — National rules — Interpretation of Regulation (EEC) No 3950/92 — Principle of equal treatment)

C 192/4                 EN                      Official Journal of the European Communities                                             8.7.2000
Article 48 of the EC Treaty (now, after amendment, Article 39 EC)          Republic of Austria, the Republic of Finland and the Kingdom of
precludes the application of rules laid down in a Member State by          Sweden and the adjustments to the Treaties on which the European
sporting associations which prohibit a basketball club from fielding       Union is founded, and the principle of equal treatment enshrined
players from other Member States in matches in the national                more specifically in the second subparagraph of Article 40(3) of the
championship, where they have been transferred after a specified date,     EC Treaty (now, after amendment, the second subparagraph of
if that date is earlier than the date which applies to transfers of        Article 34(2) EC), are to be interpreted as not precluding national
players from certain non-member countries, unless objective reasons        legislation governing the initial allocation of individual reference
concerning only sport as such or relating to differences between the       quantities and adopted by a Member State which acceded to the
position of players from a federation in the European zone and that        European Communities on 1 January 1995, whereby:
of players from a federation not in that zone justify such different
treatment.                                                                 — individual reference quantities for producers who did not alter
                                                                                their production between 1 January 1991 and 31 December
                                                                                1994 are determined on the basis of the average quantities
(1) OJ C 197 of 6.7.1996.                                                       delivered between 1991 and 1993;
                                                                           — new producers who commenced production between 1 January
                                                                                1991 and 31 December 1994 and producers who increased
                                                                                their production during the same period, but not producers who
                                                                                did not alter their production between 1 January 1991 and
                                                                                31 December 1994 and ecological milk producers, have a
                 JUDGMENT OF THE COURT                                          reduction applied (and at different rates) in the calculation of
                                                                                their milk quotas;
                         (Sixth Chamber)                                   — an individual reference quantity is granted only to producers who
                                                                                can show that their production was continuous between 1 March
                         of 13 April 2000                                       1994 and 1 January 1995, unless a producer who was
                                                                                compelled to interrupt delivery during that period can show
in Case C-292/97 (reference for a preliminary ruling                            special circumstances justifying the grant of a reference quantity.
from the Regeringsrätten): Proceedings brought by Kjell
                      Karlsson and Others (1)                              (1) OJ C 295 of 27.9.1997.
(Additional levy on milk — Milk quota scheme in Sweden
— Initial allocation of milk quotas — National rules —
Interpretation of Regulation (EEC) No 3950/92 — Principle
                        of equal treatment)
                          (2000/C 192/07)                                                    JUDGMENT OF THE COURT
                                                                                                      (Fifth Chamber)
                   (Language of the case: Swedish)
                                                                                                     of 13 April 2000
(Provisional translation; the definitive translation will be published
                                                                           in Case C-251/98 (reference for a preliminary ruling from
                   in the European Court Reports)
                                                                           the Gerechtshof te ’s-Gravenhage): C. Baars v Inspecteur
                                                                           der Belastingen Particulieren/Ondernemingen Gorin-
In Case C-292/97: reference to the Court under Article 177 of                                              chem (1)
the EC Treaty (now Article 234 EC) from the Regeringsrätten
(Sweden) for a preliminary ruling in the proceedings brought               (Freedom of establishment — Assets invested in shares in
before that court by Kjell Karlsson and Others — on the                    companies established in the taxing Member State —
interpretation of Council Regulation (EEC) No 3950/92 of                   Exemption from wealth tax — Assets invested in shares in
28 December 1992 establishing an additional levy in the milk               companies established in another Member State — No
and milk products sector (OJ 1992 L 405, p. 1), Article 5 of                                             exemption)
the EC Treaty (now Article 10 EC), Article 40(3) of the EC
Treaty (now, after amendment, Article 34(2) EC) and the
principle of equal treatment — the Court (Sixth Chamber),                                             (2000/C 192/08)
composed of: P.J.G. Kapteyn, acting for the President of the
Sixth Chamber, G. Hirsch (Rapporteur) and H. Ragnemalm,                                         (Language of the case: Dutch)
Judges; D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
13 April 2000, in which it has ruled:                                      (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
Council Regulation (EEC) No 3950/92 of 28 December 1992
establishing an additional levy in the milk and milk products sector,      In Case C-251/98: reference to the Court under Article 177 of
as amended by the Act concerning the conditions of accession of the        the EC Treaty (now Article 234 EC) by the Gerechtshof te