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Document C2007/170/13

    Case C-278/06: Judgment of the Court (Fifth Chamber) of 7 June 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — Manfred Otten v Landwirtschaftskammer Niedersachsen (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)

    IO C 170, 21.7.2007, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    21.7.2007   

    EN

    Official Journal of the European Union

    C 170/8


    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.


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