CELEX: C1996/016/09
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 16 November 1995 in Case C-196/94 (reference for a preliminary ruling made by the Judicial Committee of the Conseil d'État, Luxembourg): Catherine Schiltz-Thilmann v. Minister for Agriculture (Preliminary reference - Interpretation of Article 5 (c) of Regulation (EEC) No 804/68 of the Council of 27 June 1968 on the common organization of the market in milk and milk products - Additional levy - Reference quantity - Exceeded)

20 . 1 . 96            EN                   Official Journal of the European Communities                                     No C 16/5
               JUDGMENT OF THE COURT                                   other, in order to determine whether there has been
                       ( Second Chamber)                               over-production at national level.
                    of 16 November 1995
                                                                       (>) OJ No C 233 , 20 . 8 . 1994 .
in Case C- 1 96/94 (reference for a preliminary ruling
made by the Judicial Committee of the Conseil d'État,
Luxembourg): Catherine Schiltz-Thilmann v. Minister for
                          Agriculture i 1 )
(Preliminary reference — Interpretation of Article S (c) of            Reference for a preliminary ruling from the Bayerisches
Regulation (EEC) No 804/68 of the Council of 27 June                   Verwaltungsgericht Miinchen by order of that court of
1968 on the common organization ofthe market in milk and               14 June 1995 in the case of Selma Kadiman v. Freistaat
milk products — Additional levy — Reference quantity —                                                  Bayern
                             Exceeded)                                                          ( Case C-351/95 )
                           ( 96/C 16/09 )                                                           ( 96/C 16/10.)
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by an order of the Seventh
                (Language of the case: French)                         Chamber of the Bayerisches Verwaltungsgericht Miinchen
                                                                       ( Administrative Court of Bavaria, Munich ) of 14 June 1995 ,
                                                                       which was received at the Court Registry on 13 November
                                                                       1 995, for a preliminary ruling in the case of Selma Kadiman
(Provisional translation; the definitive translation will be           v. Freistaat Bayern on the following questions:
          published in the European Court Reports)
                                                                       1 . does the applicability of the first sentence of Article 7 of
                                                                             Decision No 1/80 of the EEC/Turkey Association
In Case C- 1 96/94 : reference to the Court under Article 177
                                                                             Council on the development of the Association
                                                                              ('Decision No 1/80 ') presuppose that the family must
of the EC Treaty by the Judicial Committee of the Conseil                    still be living together at the time when the other
d'État, Luxembourg, for a preliminary ruling in the                          conditions are fulfilled ?
proceedings pending before that court between Catherine
Schiltz-Thilmann and the Minister of Agriculture — on
the interpretation of Article 5 ( c ) of Regulation ( EEC )            2 . Does the applicability of the first indent of the first
No 804/68 of the Council of 27 June 1968 on the common                        sentence of Article 7 of Decision No 1 /80 presuppose
organization of the market in milk and milk products ( OJ,                   three years' uninterrupted legal residence in a Member
English Special Edition 1968 (I), p. 176 ), as amended by                     State of the Community ?
Council Regulation ( EEC ) No 856/84 ( OJ No L 90, p. 10 )
and Council Regulation ( EEC ) No 1298/85 ( OJ No L 137,               3 . Is a voluntary or forced intermediate stay of five months
p . 5 ), and Article 6 ( a ) of Council Regulation ( EEC )                    in Turkey to be counted towards the period of three
No 857/84 of 31 March 1984 adopting general rules for the                     years' legal residence within the meaning of the first
                                                                              indent of the first sentence of Article 7 of Decision
application of the levy referred to in Article 5 ( c ) of
                                                                              No 1 /80 ?
Regulation ( EEC ) No 804/68 in the milk and milk products
sector ( OJ No L 90, p. 13 ), as amended by Council
Regulation ( EEC ) No 590/85 ( OJ No L 68 , p. 1 ) — the
Court ( Second Chamber ), composed of: G. Hirsch,
President of the Chamber, G. F. Mancini ( Rapporteur ) and
F. A. Schockweiler, Judges; G. Cosmas, Advocate-General;               Reference for a preliminary ruling from the
R. Grass, Registrar, gave a judgment on 16 November 1995 ,             Schleswig-Holsteinisches Oberverwaltungsgericht, by order
the operative part of which is as follows:                             of that court of 27 October 1995 , in the case of Matthias
                                                                                 Witt v. Amt fiir Land- und Wasserwirtschaft
                                                                                                 ( Case C-356/95 )
Article 6 (a) of Council Regulation (EEC) No 857/84 of                                               ( 96/C 16/11 )
3 1 March 1 984 adopting general rules for the application of
the levy referred to in Article 5 (c) of Regulation (EEC)              Reference has been made to the Court of Justice of
No 804/68 in the milk and milk products sector, as amended             the European Communities by an order of the
 by Council Regulation (EEC) No 590/85 of 26 February                   Schleswig-Holsteinisches Oberverwaltungsgericht (Higher
 1985, and Article 5 (c) (7) of Regulation (EEC) No 804/68             Administrative Court of the Land Schleswig-Holstein ),
 ofthe Council of27June 1968 on the common organization                Third Chamber, of 27 October 1995 , which was received at
 of the market in milk and milk products, as amended by                 the Court Registry on 21 November 1995 , for a preliminary
 Council Regulation (EEC) No 856/84 of 31 March 1984                    ruling in the case of Matthias Witt v . Amt fur Land- und
and subsequently by Council Regulation (EEC) No 1298/85                 Wasserwirtschaft on the following questions:
 of 23 May 1985, are to be interpreted as meaning that they
 do not allow aggregation of the reference quantities for               ( a ) Is   a   Member         State  entitled, under  the  first
 direct sales and for deliveries, which are independent ofeach                 subparagraph of Article 3 ( 1 ) of Council Regulation