Judgment of the Court (Fifth Chamber) of 7 July 2011 (reference for a preliminary ruling from the Tartu ringkonnakohus — Estonia) — Rakvere Piim AS, Maag Piimatööstus AS v Veterinaar- ja Toiduamet

(Case C-523/09) (1)

(Common agricultural policy - Fees for health inspections and controls in respect of milk production)

2011/C 269/11

Language of the case: Estonian

Referring court

Tartu Ringkonnakohus

Parties to the main proceedings

Applicants: Rakvere Piim AS, Maag Piimatööstus AS

Defendant: Veterinaar- ja Toiduamet

Re:

Reference for a preliminary ruling — Tartu Ringkonnakohus — Interpretation of Articles 26 and 27 of and Annexes IV and VI to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ 2004 L 165, p. 1) — Calculation of fees charged for official controls in respect of milk production — Charging of fees equivalent to the minimum rates applicable under the regulation but higher than the actual costs borne by the competent authorities for official controls

Operative part of the judgment

Article 27(3) and (4) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules must be interpreted as enabling a Member State to levy fees at the minimum rates laid down in Annex IV, section B to that regulation without having to adopt a measure of application at national level, even though the costs borne by the competent authorities in connection with the health inspections and controls laid down in that regulation are lower than those rates, when the specified conditions for applying Article 27(6) of that regulation are not satisfied.

(1)  OJ C 63, 13.3.2010.