Keywords
Summary

Keywords

1. Community law – Principles – Principle of retroactive application of the more lenient penalty

2. Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk

(Commission Regulation No 536/93, as amended by Regulation No 1001/98, Art. 3(2), second para., and No 1392/2001, Art. 5(3))

Summary

1. The principle of retroactive application of the more lenient penalty must be respected by national courts when they have to penalise practices which do not comply with rules laid down by Community legislation.

(see para. 40, operative part)

2. In the case of a slight delay in observing the time-limit imposed on purchasers for communication of the summary of statements, such as one working day, the system of financial penalties provided for by Article 5(3) of Regulation No 1392/2001 laying down detailed rules for applying the additional levy on milk is less severe than that provided for by the first indent of the second subparagraph of Article 3(2) of Regulation No 536/93 laying down detailed rules on the application of that levy, as amended by Regulation No 1001/98.

(see para. 40, operative part)