Judgment of the Court (Fifth Chamber) of 7 June 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — Manfred Otten v Landwirtschaftskammer Niedersachsen

(Case C-278/06) (1)

(Council Regulation (EEC) No 3950/92, as amended by Council Regulation (EC) No 1256/1999 - Article 7(2) - Expiry of a rural lease - Temporary acquisition of a reference quantity by a lessor who is not, and does not intend to become, a milk producer - Transfer of the reference quantity, as soon as possible, through the State sales office to a producer)

(2007/C 170/13)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Manfred Otten

Defendant: Landwirtschaftskammer Niedersachsen

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Article 7(2) of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (OJ 1992 L 405, p. 1), as amended by Council Regulation (EC) No 1256/1999 of 17 May 1999 (OJ 1999 L 160, p. 73) — Transfer of a reference quantity on the expiry of a rural lease on a dairy holding to the lessor who is not a producer himself

Operative part of the judgment

Article 7(2) of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector, as amended by Council Regulation (EC) No 1256/1999 of 17 May 1999, is to be interpreted as meaning that, on the expiry of a rural lease on a milk production holding, the attached reference quantity can revert to the lessor in so far as that lessor, not being a producer himself and having no intention to become one, transfers the reference quantity as soon as possible through a State sales office to a third party who has that status.

(1)  OJ C 96, 22.4.2006.