12.9.2009

Official Journal of the European Union

C 220/19

(Case C-230/09)

2009/C 220/35

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Hauptzollamt Koblenz

Respondents: Kurt Etling und Thomas Etling, a civil law partnership

Question referred

Must Community law, in particular Article 5(k) of Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector, be interpreted to mean that the reference quantity of a producer, in the twelve-month period in which a reference quantity was transferred to that producer from another producer, does not include the quantity in respect of which, during the twelve-month period in question, milk was already delivered by that other producer?

Language of the case: German.

(1) OJ 2003 L 270, p. 123.