CELEX: C2004/228/18
Language: en
Date: 2004-09-11 00:00:00
Title: Judgment of the Court (Third Chamber) of 15 July 2004 in Case C-459/02 (reference to the Court under Article 234 EC by the Cour de Cassation (Luxembourg)): Willy Gerekens and Association agricole pour la promotion de la commercialisation laitière Procola v State of the Grand Duchy of Luxembourg (Reference for a preliminary ruling — Milk — Additional levy in the milk and milk products sector — National legislation — Levy fixed retroactively — General principles of legal certainty and non-retroactivity)

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/10
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 15 July 2004
   in Case C-459/02 (reference to the Court under Article 234 EC by the Cour de Cassation (Luxembourg)): Willy Gerekens and Association agricole pour la promotion de la commercialisation laitière Procola v State of the Grand Duchy of Luxembourg (1)
   
   (Reference for a preliminary ruling - Milk - Additional levy in the milk and milk products sector - National legislation - Levy fixed retroactively - General principles of legal certainty and non-retroactivity)
   (2004/C 228/18)
   Language of the case: French
   In Case C-459/02: reference to the Court under Article 234 EC by the Cour de Cassation (Luxembourg) for a preliminary ruling in the proceedings pending before that court between Willy Gerekens and Association agricole pour la promotion de la commercialisation laitière Procola against the State of the Grand Duchy of Luxembourg on the interpretation of the general principles of Community law of legal certainty and non-retroactivity in respect of national rules in the sphere of milk production quotas which were adopted in place of initial rules held by the Court of Justice to be discriminatory and which make it possible to penalise retroactively production in excess of those quotas after the entry into force of Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organisation of the market in milk and milk products (OJ 1984 L 90, p. 10) and Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector (OJ 1984 L 90, p. 13), but in accordance with the national rules which have been replaced,— the Court (Third Chamber), composed of: A. Rosas, acting for the President of the Third Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 15 July 2004, the operative part of which is as follows:
   The general principles of Community law of legal certainty and non-retroactivity do not mean that, for the application of Community rules establishing production quotas of the type introduced by Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organisation of the market in milk and milk products and Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector, a Member State is precluded from adopting, in place of initial rules held by the Court of Justice to be discriminatory, new rules applying retroactively to production in excess of the production quotas introduced following the entry into force of those regulations, but in accordance with the national rules which have been replaced.
   
      (1)  OJ C 44 of 22.2.2003.