Keywords
Summary

Keywords

1. Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Rules on the transfer of reference quantities following the transfer of a holding - Power of a Member State, in the event of a sale or lease of a holding, to claim back part of the reference quantity and to add it to the national reserve - Conditions - Limits

(Council Regulation No 3950/92, Art. 7(1), first subpara., as amended by Regulation No 1590/93)

2. Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Rules on the transfer of reference quantities following the transfer of a holding - National rules entitling the competent authority to adopt measures by means of a decision - Breach of the principle of legal certainty - None - Requirement for adequate publicity to inform persons concerned of the measures - Meaning

(Council Regulation No 3950/92, Art. 7(1), as amended by Regulation No 1560/93)

Summary

$$1. When Member States determine, pursuant to the first subparagraph of Article 7(1) of Regulation No 3950/92 establishing an additional levy in the milk and milk products sector, as amended by Regulation No 1506/93, the detailed rules under which the reference quantity attached to a holding is to be transferred upon the sale or lease of the holding, they may provide, pursuant to that provision, that part of the reference quantity is not to be transferred with the holding to the producer taking it over but is to be added to the national reserve by means of a clawback mechanism. Such a measure must be adopted and applied:

- in a way which does not compromise the objectives of the common agricultural policy and in particular those of the common organisation of the markets in the milk sector;

- on the basis of objective criteria, and

- in accordance with the general principles of Community law such as, in particular, the principles of legal certainty and protection of legitimate expectations, proportionality, non-discrimination and respect for fundamental rights.

( see para. 37, operative part 1 )

2. The principle of legal certainty does not preclude, as a general principle of Community law, a Member State from choosing, for the purpose of adopting national measures on the transfer of reference quantities upon the transfer of a holding, pursuant to Article 7(1) of Regulation 3950/92 establishing an additional levy in the milk and milk products sector, as amended by Regulation No 1506/93, a procedure whereby a legislative instrument authorises the competent authority, such as a minister, to adopt those measures by means of a decision. That principle requires that the publicity for such measures be of such a nature as to inform the natural or legal persons concerned by the measures of their rights and obligations under them. It is for the national court to determine, on the basis of the facts before it, whether that is the case in the main proceedings.

( see para. 54, operative part 2 )