CELEX: C1997/357/12
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 9 October 1997 in Case C-152/95 (reference for a preliminary ruling from the Tribunal Administratif, Amiens): Michel Macon and Others v. Préfet de l'Aisne (Additional levy on milk - Reference quantity - Application for a grant of compensation for definitive discontinuation of milk production - Refusal)

22 . 11 . 97            EN                 Official Journal of the European Communities                                      C 357/7
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        ( Second Chamber)                                                     ( Sixth Chamber)
                        of 9 October 1997
                                                                                            of 9 October 1997
in Case C-152/95 ( reference for a preliminary ruling from
the Tribunal Administratif, Amiens ): Michel Macon and                in Case C-163/95 (reference for a preliminary ruling from
                 Others v. Prefet de l'Aisne (')                      the House of Lords ): Elsbeth Freifrau von Horn v. Kevin
                                                                                                Cinnamond i 1 )
(Additional levy on milk — Reference quantity —
Application for a grant of compensation for definitive                (Brussels Convention — Article 21 — Lis pendens — San
       discontinuation of milk production — Refusal)                  Sebastian   Accession        Convention    —   Article 29   —
                                                                                          Transitional provisions)
                           ( 97/C 357/12 )
                                                                                                ( 97/C 357/ 13 )
                (Language of the case: French)
                                                                                     (Language of the case: English)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                      In Case C-163/95 : reference to the Court pursuant to the
                                                                      Protocol of 3 June 1971 on the interpretation by the
In Case C-152/95 : reference to the Court under Article 177           Court of Justice of the Convention of 27 September 1968
of the EC Treaty from the Tribunal Administratif                      on Jurisdiction and the Enforcement of Judgments in Civil
(Administrative Court ), Amiens ( France ), for a preliminary         and Commercial Matters from the House of Lords for a
ruling in the proceedings pending before that court                   preliminary ruling in the proceedings pending before that
between Michel Macon and Others and Prefet de l'Aisne                 court between Elsbeth Freifrau von Horn and Kevin
— on the interpretation of Article 2 of Council Regulation            Cinnamond — on the interpretation of Article 21 of the
( EEC ) No 1637/91 of 13 June 1991 fixing compensation                said Convention ( OJ L 304, 30 . 10 . 1978 , p. 36 ), as
with regard to the reduction of the reference quantities              amended by the Convention of 9 October 1978 on the
referred to in Article 5 (c ) of Regulation ( EEC ) No 804/68         Accession of the Kingdom of Denmark, Ireland and the
and compensation for the definitive discontinuation of                United Kingdom of Great Britain and Northern Ireland
milk production ( OJ L 150, 15 . 6 . 1991 , p. 30 ) — the             ( OJ L 304, 30 . 10 . 1978 , p. 1 ) and the Convention of
Court ( Second Chamber ), composed of: R. Schintgen,                  25   October    1982 on the Accession of the Hellenic
President of the Chamber, G. F. Mancini and G. Hirsch                 Republic ( OJ L 388 , 31 . 12 . 1982, p. 1 ) and the
( Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate­              Convention of 26 May 1989 on the Accession of the
General; R. Grass, Registrar, has given a judgment on                 Kingdom of Spain and the Portuguese Republic ( OJ L 285 ,
9 October 1997, in which it has ruled:                                3 . 10. 1989, p. 1 ), and of Article 29 of the Convention of
                                                                      26 May 1989 — the Court ( Sixth Chamber ), composed
                                                                      of: H. Ragnemalm, President of the Chamber, G. F.
                                                                      Mancini ( Rapporteur ), P. J. G. Kapteyn, J. L. Murray and
Article 2 of Council Regulation (EEC) No 1637/91 of                   G. Hirsch, Judges; F. G. Jacobs, Advocate-General; D.
13 June 1991 fixing compensation with regard to the                   Louterman-Hubeau, Principal Administrator, for the
reduction of the reference quantities referred to in Article 5        Registrar, has given a judgment on 9 October 1997, in
(c) of Regulation (EEC) No 804/68 and compensation for                which it has ruled :
the definitive discontinuation of milk production must be
interpreted as meaning that a farmer may be granted
compensation for definitive discontinuation of all milk
production only if, on the date of his application, he is
producing milk in his capacity as a producer within the               Article 29 (1 ) of the Convention of 26 May 1989 on the
meaning of Article 12 (c) of Council Regulation (EEC)                 Accession of the Kingdom of Spain and the Portuguese
No 857/84 of 31 March 1984 adopting general rules for                 Republic to the Convention on Jurisdiction and the
the application of the levy referred to in Article 5 (c) of           Enforcement of Judgments in Civil and Commerical
Regulation (EEC) No 804/68 in the milk and milk                       Matters must be interpreted as meaning that where
products sector and if he possesses an individual reference           proceedings involving the same cause of action and
quantity in respect of direct sales.                                  between the same parties are pending in two different
                                                                      Contracting States, the first proceedings having been
(') OJ C 189 , 22 . 7. 1995 .
                                                                      brought before the date of entry into force of the Brussels
                                                                      Convention     between       those  States   and   the  second
                                                                      proceedings after that date, the court second seised must
                                                                      apply Article 21 of the latter Convention if the court first
                                                                      seised has assumed jurisdiction on the basis of a rule