CELEX: C1999/086/07
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 28 January 1999 in Case C-181/96 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Georg Wilkens v. Landwirtschaftskammer Hannover (Additional milk levy - Special reference quantity - Non-marketing and conversion undertaking - Obligations - Failure to fulfil - Withdrawal of the conversion premium - Retroactive annulment of a quota allocation)

C 86/4                EN                 Official Journal of the European Communities                                    27.3.1999
Italian Republic (Agent: Umberto Leanza, assisted by Ivo                          JUDGMENT OF THE COURT
M. Braguglia)
                                                                                          (Second Chamber)
                                                                                         of 28 January 1999
Ð     application for a declaration that, by failing to adopt,
     within the prescribed time-limits, the laws, regulations       in Case C-181/96 (reference for a preliminary ruling from
     and administrative provisions necessary to comply              the Bundesverwaltungsgericht): Georg Wilkens v. Land-
     with                                                                         wirtschaftskammer Hannover (1)
                                                                    (Additional milk levy Ð Special reference quantity Ð
Ð Council Directive 93/119/EC of 22 December 1993 on                Non-marketing       and      conversion      undertaking     Ð
     the protection of animals at the time of slaughter or          Obligations Ð Failure to fulfil Ð Withdrawal of the
     killing (OJ L 340, 31.12.1993, p. 21)                          conversion premium Ð Retroactive annulment of a quota
                                                                                              allocation)
Ð Council Directive 94/42/EC of 27 July 1994 amending                                       (1999/C 86/07)
     Directive 64/432/EEC on health problems affecting
     intra-Community trade in bovine animals and swine
     (OJ L 201, 4.8.1994, p. 26)                                                  (Language of the case: German)
Ð Commission Directive 94/16/EC of 22 April 1994
     amending Council Directive 74/63/EEC on undesirable              (Provisional translation; the definitive translation will be
     substances and products in animal nutrition (OJ L 104,                  published in the European Court Reports)
     23.4.1994, p. 32), and
                                                                    In Case C-181/96: reference to the Court under Article 177
Ð Council Directive 93/118/EC of 22 December 1993                   of the EC Treaty from the Bundesverwaltungsgericht for a
     amending Directive 85/73/EEC on the financing of               preliminary ruling in the proceedings pending before that
     health inspections and controls of fresh meat and              court between Georg Wilkens and Landwirtschaftskammer
     poultry meat (OJ L 340, 31.12.1993, p. 15)                     Hannover, third party: Oberbundesanwalt beim Bundes-
                                                                    verwaltungsgericht Ð on the interpretation and validity of
                                                                    the second subparagraph of Article 3a(1) of Council
or in any event by failing to notify such provisions to the         Regulation (EEC) No 857/84 of 31 March 1984 adopting
Commission, the Italian Republic has failed to fulfil its           general rules for the application of the levy referred to in
obligations under those directives Ð the Court (Fourth              Article 5c of Regulation (EEC) No 804/68 in the milk and
Chamber), composed of: P. J. G. Kapteyn, President of the           milk products sector (OJ L 90, 1.4.1984, p. 13), as
Chamber, J. L. Murray and H. Ragnemalm (Rapporteur),                amended by Council Regulation (EEC) No 1639/91 (OJ
Judges; J. Mischo, Advocate-General; R. Grass, Registrar,           L 150, 15.6.1991, p. 35), Ð the Court (Second Chamber),
gave a judgment on 21 January 1999, in which it declared            composed of: G. Hirsch (Rapporteur), President of the
that:                                                               Chamber, G. F. Mancini and R. Schintgen, Judges; P. LeÂger,
                                                                    Advocate-General; H. A. Rühl, Principal Administrator,
                                                                    for the Registrar, has given a judgment on 28 January
1. By failing to adopt, within the prescribed time-limits,
                                                                    1999, in which it has ruled:
     the laws, regulations and administrative provisions
     necessary to comply with
                                                                    The second subparagraph of Article 3a(1) of Council
     Ð Council Directive 94/42/EC of 27 July 1994                   Regulation (EEC) No 857/84 of 31 March 1984 adopting
          amending Directive 64/432/EEC on health                   general rules for the application of the levy referred to in
          problems affecting intra-Community trade in               Article 5c of Regulation (EEC) No 804/68 in the milk and
          bovine animals and swine, and                             milk products sector, as amended by Council Regulation
                                                                    (EEC) No 1639/91 of 13 June 1991, is to be interpreted
     Ð Council Directive 93/118/EC of 22 December                   as meaning that a producer who has had entitlement to
          1993 amending Directive 85/73/EEC on the                  the non-marketing or conversion premium granted under
          financing of health inspections and controls of           Council Regulation (EEC) No 1078/77 of 17 May 1977
          fresh meat and poultry meat,                              introducing a system of premiums for the non-marketing
                                                                    of milk and milk products and for the conversion of dairy
                                                                    herds withdrawn as a result of an alleged failure to
     the Italian Republic has failed to fulfil its obligations      comply with his undertaking not to market milk or milk
     under those directives.                                        products is to receive a special reference quantity in due
                                                                    proportion to his compliance with and performance of
                                                                    that undertaking.
2. The Italian Republic is ordered to pay the costs.
(1) OJ C 41, 7.2.1998.                                              (1) OJ C 210, 20.7.1996.