CELEX: C1999/246/02
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court (Second Chamber) of 10 June 1999 in Case C-376/97 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Bezirksregierung Lüneburg v Karl-Heinz Wettwer (Special premium for beef producers - Obligation to keep cattle on the applicant's holding for a minimum period - Transfer of the holding during that period by way of anticipated succession inter vivos - Effect on entitlement to the premium)

C 246/2                  EN                     Official Journal of the European Communities                                          28.8.1999
                                                               COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                         (Second Chamber)
                           of 10 June 1999                                                          (Sixth Chamber)
in Case C-376/97 (reference for a preliminary ruling
from the Bundesverwaltungsgericht): Bezirksregierung                                                  of 7 June 1999
               Lüneburg v Karl-Heinz Wettwer (1)
(Special premium for beef producers — Obligation to keep
cattle on the applicant’s holding for a minimum period —                   in Case C-75/97: Kingdom of Belgium v Commission of
Transfer of the holding during that period by way of                                        the European Communities (1)
anticipated succession inter vivos — Effect on entitlement to
                             the premium)
                           (1999/C 246/02)                                 (State aid — Definition — Increased reductions in social
                                                                           security contributions in certain industrial sectors — Maribel
                                                                                                      bis/ter scheme)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                   (1999/C 246/03)
In Case C-376/97: Reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Bundesverwaltungs-
gericht (Germany) for a preliminary ruling in the proceedings
pending before that court between Bezirksregierung Lüneburg                                    (Language of the case: Dutch)
and Karl-Heinz Wettwer on the interpretation of certain
provisions of Regulation (EEC) No 805/68 of the Council of
27 June 1968 on the common organisation of the market in
beef and veal (OJ, English Special Edition 1968 (I), p. 187), as
amended by Council Regulation (EEC) No 571/89 of 2 March                   (Provisional translation; the definitive translation will be published
1989 (OJ 1989 L 61, p. 43), Council Regulation (EEC) No                                       in the European Court Reports)
468/87 of 10 February 1987 laying down general rules
applying to the special premium for beef producers (OJ 1987
L 48, p. 4) and Commission Regulation (EEC) No 714/89 of
20 March 1989 laying down detailed rules applying to the                   In Case C-75/97: Kingdom of Belgium (Agents: Gerwin van
special premium for beef producers (OJ 1989 L 78, p. 38) —                 Gerven and Koen Coppenholle) v Commission of the European
the Court (Second Chamber), composed of: G. Hirsch, Presi-                 Communities (Agents: Gérard Rozet and Wouter Wils) —
dent of the Chamber, G.F. Mancini and R. Schintgen (Rappor-                application for annulment of Commission Decision 97/239/EC
teur), Judges; P. Léger, Advocate General; R. Grass, Registrar,            of 4 December 1996 concerning aid granted by Belgium under
has given a judgment on 10 June 1999, in which it has ruled:               the Maribel bis/ter scheme (OJ 1997 L 95, p. 25) — the
                                                                           Court, composed of: P.J.G. Kapteyn, President of the Chamber,
Article 4a(1) of Regulation (EEC) No 805/68 of the Council of 27           G. Hirsch (Rapporteur), G.F. Mancini, H. Ragnemalm and
June 1968 on the common organisation of the market in beef and             R. Schintgen, Judges; A. La Pergola, Registrar; D. Louterman-
veal, as amended by Council Regulation (EEC) No 571/89 of 2                Hubeau, Principal Administrator, for the Registrar, has given a
March 1989, in conjunction with the provisions of Council Regu-            judgment on 17 June 1999, in which it:
lation (EEC) No 468/87 of 10 February 1987 laying down general
rules applying to the special premium for beef producers and
Commission Regulation (EEC) No 714/89 of 20 March 1989                     1. Dismisses the application;
laying down detailed rules applying to the special premium for beef
producers, is to be interpreted as meaning that, where an agricultural
holding is transferred by way of ‘vorweggenommene Erbfolge’                2. Orders the Kingdom of Belgium to pay the costs.
(anticipated succession inter vivos) during the currency of the
undertakings given by an applicant for the 1991 special premium
for beef producers, entitlement to that premium does not pass to the
new owner, even though the latter has satisfied the conditions laid        (1) OJ C 131 of 26.4.1997.
down with regard to the keeping and fattening of the herd.
(1) OJ C 7 of 10.1.1998.