12.9.2009

Official Journal of the European Union

C 220/19

(Case C-231/09)

(2009/C 220/36)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Hauptzollamt Oldenburg

Respondents: 1. Theodor Aissen, 2. Hermann Rohaan

Questions referred

1.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 who, in the course of an ongoing twelve-month period, took over an agricultural holding from another producer does not include the quantity in respect of which, during the twelve-month period concerned, milk was delivered by that other producer prior to the transfer of the holding?

2.Do provisions of Community law or general principles governing the common organisation of the market in milk and milk products preclude a rule of national law which, in the framework of the balancing of the unused part of the national reference quantity against deliveries of excess quantities envisaged in Article 10(3) of Regulation No 1788/2003 in the situation at issue in the first question, allows the producer who has taken over the agricultural holding in the course of the twelve-month period to include the portion of the reference quantity already delivered by the other producer for the purpose of participating in the allocation of that unused part?

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