Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 June 2004 in the case of Azienda Agricola Franco Piemonte against Azienda per le Erogazioni in Agricoltura (AGEA)

(Case C-272/04)

(2004/C 228/46)

Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Tolmezzo (District Court, Tolmezzo, Italy) of 16 June 2004, received at the Court Registry on 25 June 2004, for a preliminary ruling in the case of Azienda Agricola Franco Piemonte against Azienda per le Erogazioni in Agricoltura (AGEA) on the following question:

Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March 1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of 28 December 1992 be interpreted as meaning that the additional levy on milk and milk products is in the nature of an administrative penalty with the result that producers are liable to pay it only where quantities allocated have been exceeded by them intentionally or as a result of negligence?

(1)  OJ 1984 L 90, p. 10.

(2)  OJ 1992 L 405, p. 1.