CELEX: C2000/302/18
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 July 2000 in Case C-356/97 (reference for a preliminary ruling by the Finanzgericht München): Molkereigenossenschaft Wiedergeltingen eG v Hauptzollamt Lindau (Additional levy on milk — Annual statement of quantities of milk delivered to purchaser — Late communication — Penalty — Validity of Article 3(2) of Regulation (EEC) No 536/93)

C 302/10                EN                      Official Journal of the European Communities                                         21.10.2000
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                         (Sixth Chamber)                                                             (Sixth Chamber)
                           of 6 July 2000                                                              of 6 July 2000
in Case C-289/97 (reference for a preliminary ruling from
the Giudice di Pace di Genova, Italy): Eridania SpA v                      in Case C-356/97 (reference for a preliminary ruling
     Azienda Agricola San luca di Rumagnoli Viannj (1)                     by the Finanzgericht München): Molkereigenossenschaft
                                                                                  Wiedergeltingen eG v Hauptzollamt Lindau (1)
(Sugar — Price regime — Marketing year 1996/1997 —
Regionalisation — Deficit zones — Classification of Italy                  (Additional levy on milk — Annual statement of quantities
    — Validity of Regulations Nos 1580/96 and 1785/81)                     of milk delivered to purchaser — Late communication —
                                                                           Penalty — Validity of Article 3(2) of Regulation (EEC)
                                                                                                        No 536/93)
                          (2000/C 302/17)
                                                                                                      (2000/C 302/18)
                    (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 Case C-289/97: reference to the Court under Article 177 of                                  in the European Court Reports)
the EC Treaty (now Article 234 EC) by Giudice di Pace di
Genova (Italy) for a preliminary ruling in the proceedings
pending before that court between Eridania SpA and Azienda                 In Case C-356/97, Reference to the Court under Article 177
Agricola San Luca di Rumagnoli Viannj — on the validity of                 of the EC Treaty (now Article 234 EC) by the Finanzgericht
Article 1(f) of Council Regulation (EC) No 1580/96 of 30 July              München (Germany) for a preliminary ruling in the proceed-
1996 fixing, for the 1996/97 marketing year, the derived                   ings pending before that court between Molkereigenossen-
intervention prices for white sugar, the intervention price for            schaft Wiedergeltingen eG and Hauptzollamt Lindau — on
raw sugar, the minimum prices for A and B beet, and the                    the validity of the second subparagraph of Article 3(2) of
amount of compensation for storage costs (OJ 1996 L 206,                   Commission Regulation (EEC) No 536/93 of 9 March 1993
p. 9) and of Council Regulation (EEC) No 1785/81 of 30 June                laying down detailed rules on the application of the additional
1981 on the common organisation of the markets in the                      levy on milk and milk products (OJ 1993 L 57, p. 12) — the
sugar sector (OJ 1981 L 177, p. 1), as amended by Council                  Court (Sixth Chamber), composed of: R. Schintgen, President
Regulation (EC) No 1101/95 of 24 April 1995 (OJ 1995                       of the Second Chamber, acting as President of the Sixth
L 110, p. 1) — the Court (Sixth Chamber) composed of:                      Chamber, P.J.G. Kapteyn and G. Hirsch (Rapporteur), Judges;
P.J.G. Kapteyn, acting for the President of the Sixth Chamber,             A. Saggio, Advocate General; H.A. Rühl, Principal Adminis-
G. Hirsch (Rapporteur) and H. Ragnemalm, Judges; Advocate                  trator, for the Registrar, has given a judgment on 6 July 2000,
General J. Mischo; Registrar: D. Louterman-Hubeau, Principal               in which it ruled:
Administrator, has given a judgment on 6 July 2000, in which
it has ruled:
                                                                           The second subparagraph of Article 3(2) of Commission Regulation
                                                                           (EEC) No 536/93 of 9 March 1993 laying down detailed rules on
Consideration of the questions submitted has disclosed no factor of        the application of the additional levy on milk and milk products is
such a kind as to affect the validity of Council Regulation                invalid in that it imposes on the purchaser, in the event of failure to
(EC) No 1580/96 of 30 July 1996 fixing, for the 1996/1997                  observe the time-limit referred to in the first subparagraph of
marketing year, the derived intervention prices for white sugar, the       Article 3(2), a financial penalty equal to the amount of the additional
intervention price for raw sugar, the minimum prices for A and B           levy on milk due for a 0,1 % overrun on the quantities of milk and
beet, and the amount of compensation for storage costs and of              milk equivalent delivered by producers, without making any provision
Council Regulation (EEC) No 1785/81 of 30 June 1981 on the                 for the length of time by which the time-limit is exceeded to be taken
common organisation of the markets in the sugar sector.                    into account.
(1) OJ C 295 of 27.9.1997.                                                 (1) OJ C 370 of 6.12.1997.