Alois Kibler jun. v Land Baden-Württemberg.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Ilešič
• ECLI: ECLI:EU:C:2006:339
• Date: 18 May 2006
• Docket Number: C-275/05
• Procedure Type: Reference for a preliminary ruling

OPINION OF ADVOCATE GENERAL

STIX-HACKL

delivered on 18 May 2006 ¹(1)

Case C‑275/05

Alois Kibler jun.

v

Land Baden-Württemberg

(Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen (Germany))

(Additional levy on milk – Reference quantity – Conditions of transfer – Rural lease brought to an end – Landlord does not have the status of producer – Lease voluntarily brought to an end by the tenant)

I – Introduction

1. In these proceedings for a preliminary ruling the Verwaltungsgericht Sigmaringen is asking the Court to interpret Article 7 of Regulation (EEC) No 857/84, (2) as amended by Regulation (EEC) No 590/85, (3) and Article 7 of Regulation (EEC) No 1546/88. (4)

2. This case is concerned with the question of retention of the milk reference quantity where a tenant voluntarily brings a rural lease to an end and the landlord is not a milk producer and does not intend to take up milk production or to grant a lease to another milk producer.

II – Legal framework

A – Community law

3. In 1984, as a result of surplus milk production within the Community, a rule providing for an additional levy on milk was introduced by Council Regulation (EEC) No 856/84 of 31 March 1984 amending Council Regulation (EEC) No 804/68 on the common organisation of the market in milk and milk products. (5) Under Article 5c of Council Regulation (EEC) No 804/68 of 27 June 1968, (6) as amended by Regulation No 856/84, an additional levy was imposed on milk quantities which exceeded a reference quantity that was to be laid down.

4. General rules for the application of the levy referred to in Article 5c of Regulation No 804/68 in the milk and milk products sector were brought in by Regulation No 857/84.

5. The relevant parts of Article 7 of Regulation No 857/84, as amended by Regulation No 590/85, read as follows:

‘1. Where a holding is sold, leased or transferred by inheritance, all or part of the corresponding reference quantity shall be transferred to the purchaser, tenant or heir according to procedures to be determined.

Where land is transferred to the public authorities and/or for public use, without prejudice to the second subparagraph of paragraph 3, Member States may provide that all or part of the reference quantity corresponding to the holding or to the part of the holding transferred shall be put at the disposal of the departing producer if he intends to continue milk production.

…

4. In the case of rural leases due to expire, where the lessee is not entitled to an extension of the lease on similar terms, Member States may provide that all or part of the reference quantity corresponding to the holding which forms the subject of the lease shall be put at the disposal of the departing lessee if he intends to continue milk production.

5. The detailed implementing rules for this Article shall be adopted under the procedure laid down in Article 30 of Regulation (EEC) No 804/68. ’

6. Article 7 of Regulation No 1546/88 also contains the following detailed rules in this connection, in extract:

‘For the purposes of applying Article 7 of Regulation (EEC) No 857/84 and without prejudice to paragraph 3 thereof, the following rules shall apply to the transfer of reference quantities granted to producers and purchasers in application of formulas A and B and of reference quantities granted to producers selling for direct consumption:

1. Where an entire holding is sold, leased or transferred by inheritance, the corresponding reference quantity shall be transferred in full to the producer who takes over the holding.

2. Where one or several parts of a holding is sold, leased or transferred by inheritance, the corresponding reference quantity shall be distributed among the producers operating the holding in proportion to the areas used for milk production or according to other objective criteria laid down by Member States. Member States may disregard transferred parts the area of which used for milk production is less than a minimum size which they shall determine. The part of the reference quantity corresponding to that area may be added entirely to the reserve.

3. The provisions of points 1 and 2 and of the fourth subparagraph shall be applicable under the various national rules, in other cases of transfer which have comparable legal effects as far as producers are concerned.

4. In the event of the application of the second subparagraph of Article 7 (1) of Regulation (EEC) No 857/84, concerning the transfer of land to the public authorities and/or for public use, and Article 7 (4) of the said Regulation, concerning rural leases which are due to expire and which cannot be extended on similar terms, all or part of the reference quantity corresponding to the holding or to the part of the holding which is the subject of the transfer or of the said lease shall be put at the disposal of the producer concerned if he intends to continue milk production, provided that the sum of the reference quantity thus made available to him and the quantity corresponding to the holding which he takes over or on which he continues milk production does not exceed the reference quantity which was available to him before the land was transferred or before the lease expired.

Member States may apply the provisions of points 1, 2 and 4 in respect of transfers during and after the reference period.

…’

7. With effect from 1 April 1994 Regulation No 857/84 was repealed and replaced by Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk sector. (7)

8. Article 7(1) of Regulation No 3950/92 reads as follows:

‘Reference quantities available on a holding shall be transferred with the holding in the case of sale, lease or transfer by inheritance to the producers taking it over in accordance with detailed rules to be determined by the Member States taking account of the areas used for dairy production or other objective criteria and, where applicable, of any agreement between the parties. Any part of the reference quantity which is not transferred with the holding shall be added to the national reserve.

…’

B – National law

9. The Federal Republic of Germany provided for the allocation of reference quantities in the Milchgarantiemengenverordnung (German regulation on guaranteed quantities for milk, ‘the MGV’) of 21 March 1994, (8) as most recently amended by the 33rd Änderungsverordnung (amending regulation) of 25 March 1996. (9)

10. The relevant parts of Paragraph 7 of the MGV read as follows:

‘(3a) If parts of a holding that are used for milk production are returned to the landlord after 30 September 1984 under a lease that was concluded prior to 2 April 1984, no reference quantity shall be transferred for an area surrendered of up to 5 hectares; the reference quantity corresponding to an area in excess of 5 hectares shall pass to the landlord as to one half subject, however, to a maximum of 2 500 kg per hectare. This shall not apply where the landlord and tenant...