Peter Heinrich Thomsen v Amt für ländliche Räume Husum.
Date: 2002-06-20
32 It must be pointed out, first, that the general scheme of the provisions concerning the additional levy on milk shows that a reference quantity can be allocated to a farmer only if he has the status of a producer. Consequently, in order to answer the questions submitted, the concept of producer within the meaning of the provisions at issue must first be considered (Ballmann judgment, cited above, paragraph 9). In this case, that notion is defined in Article 9(c) of Regulation No 3950/92.
33 It is apparent from the case-law of the Court that, in the case of a lease within the meaning of Article 7(1) of Regulation No 3950/92, the lessee can have the benefit of the reference quantity attaching to the land forming part of the holding only in so far as he has, as a farmer, the status of a producer within the meaning of Article 9(c) of that regulation. By the same token, where a reference quantity has already been allocated, a transferee who takes over the land must have the same status of a producer in order for him to qualify for transfer of the reference quantity attaching thereto (see, to this effect, the judgment in EARL de Kerlast, cited above, paragraph 24).
39 On the contrary, that principle is not a necessary corollary of the fundamental principle arising from the general scheme of the provisions concerning the additional levy on milk, mentioned in paragraph 32 of this judgment, that a reference quantity can be allocated to a farmer only if he has the status of a milk producer. In other words, the purpose of the principle that the reference quantity is not transferred except with the holding to which it is attached is to prevent reference quantities being used not to produce or market milk but, rather, to obtain purely financial advantages by relying on the market value of those reference quantities (see to this effect, Case C-313/99 Mulligan and Others [2002] ECR I-5719, paragraph 30).
41 It must therefore be concluded that, in accordance with Article 7(2) of Regulation No 3950/92, on expiry of a rural lease of a milk production holding, the reference quantity attached thereto, in principle, reverts in whole or part to the lessor only where he has the status of a producer within the meaning of Article 9(c) of that regulation.
42 However, Article 7(2) cannot be interpreted in such a way as to preclude the lessor from transferring the holding to a third party with the reference quantities attached to that holding where he himself does not intend to continue the production or marketing of milk on expiry of the lease. It should be pointed out that that article does not refer specifically to lessors but, rather, to producers taking over the holding. It follows that that provision does not exclude the possibility that a lessor, on the date of expiry, may transfer to a third party the holding, together with all or part of the reference quantities attached thereto, in particular by way of sale or lease. In such a case, the third party taking over the holding within the meaning of Article 7(2) of Regulation No 3950/92 must have the status of a producer within the meaning of Article 9(c)of that regulation.
43 However, it must be added in that regard that, if, in the absence of specific provisions in Regulation No 3950/92, the rules governing such a transfer must be defined by laws of the Member States, a temporary acquisition of reference quantities by the lessor is permissible under Community law only in so far as it is necessary and for as short a time as possible. Permitting a temporary attribution of reference quantities for a long period to lessors who do not intend to produce milk would run counter to the general scheme of the provisions concerning the additional levy on milk and to the principle that a reference quantity can be attributed to a farmer only if he has the status of a milk producer.
45 Admittedly, Regulation No 3950/92 contains no express provision governing that issue. However, it should be pointed out that Article 7(2) of that regulation cannot be interpreted as requiring that lessors should have the status of milk producers at the precise date of expiry of the lease in order to be able to take over the holding concerned with the reference quantities attached thereto. Taking particular account of the main purpose of that provision, which is to avoid the attribution of reference quantities to persons wishing to obtain a purely financial advantage therefrom, it is sufficient that, on the abovementioned date, the lessor can show that he is preparing in a definite manner to take up milk production as soon as possible.