12.9.2009 |
EN |
Official Journal of the European Union |
C 220/19 |
Reference for a preliminary ruling from the Bundesfinanzhof (Germany), lodged on 25 June 2009 — Hauptzollamt Koblenz v Kurt Etling und Thomas Etling, a civil law partnership; intervener: Bundesministerium der Finanzen
(Case C-230/09)
2009/C 220/35
Language of the case: German
Referring court
Bundesfinanzhof
Parties to the main proceedings
Appellant: Hauptzollamt Koblenz
Respondents: Kurt Etling und Thomas Etling, a civil law partnership
Intervener: Bundesministerium der Finanzen
Question referred
Must Community law, in particular Article 5(k) of Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector, (1) be interpreted to mean that the reference quantity of a producer, in the twelve-month period in which a reference quantity was transferred to that producer from another producer, does not include the quantity in respect of which, during the twelve-month period in question, milk was already delivered by that other producer?