Keywords
Summary

Keywords

++++

1. Community law - Interpretation - Methods

2. Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Choice of formula B - Individual reference quantity of a producer changing purchaser - Partial allocation to the national reserve - Infringement of the principle of freedom to pursue a trade or profession - Not permissible

(Council Regulation No 857/84, Article 7(2) and (3), as amended by Regulation No 590/85)

Summary

1. When it is necessary to interpret a provision of secondary Community law, preference should as far as possible be given to the interpretation which renders the provision consistent with the provisions of the Treaty and the general principles of Community law.

2. The provisions of Article 7(2) and (3) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk, as amended by Regulation No 590/85, must be interpreted as meaning that they do not allow Member States, under formula B, to add to the national reserve a part of the individual reference quantity of a producer who, of his own volition, changes the dairy which he supplies. The reduction in their reference quantities to which producers would lay themselves open if such a right were conferred on Member States would be such as to discourage producers from changing purchaser in order to supply the dairy offering them the most favourable conditions and would, for that very reason, be incompatible with the principle of freedom to pursue a trade or profession, which includes freedom to choose whom to do business with.