Keywords
Summary

Keywords

Agriculture — Common organisation of the markets — Milk and milk products — Additional levy on milk — Delivery by a producer to a purchaser — Purchaser ' s failure to fulfil his obligation to collect the levy from the producer — Direct recovery from the producer — Whether permissible — Conditions — (Art. 10 EC; Council Regulation No 3950/92, Arts 1 and 2; Commission Regulation No 536/93, Art. 7)

Summary

Articles 1 and 2 of Regulation No 3950/92 establishing an additional levy in the milk and milk products sector do not authorise the competent body to act directly, in cases other than that of direct sales, against a producer to recover the amount owed by him in respect of the additional levy on milk. However, the Member States ' obligation under Article 10 EC to take measures to ensure collection of the levy in the event of the mechanism provided for in Article 2(2) of that regulation being frustrated includes the power to take direct action against the producer with a view to recovering the amount payable where it is established that the producer has not paid it to the purchaser and that the purchaser is not taking due steps to collect it from the producer. On the other hand, non-compliance with the conditions laid down in Article 7 of Regulation No 536/93 laying down detailed rules on the application of the additional levy on milk and milk products, and in particular the absence of approval as purchaser, is not in itself relevant.

see para. 41, operative part