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Case C-348/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 29 May 2018 — Azienda Agricola Barausse Antonio e Gabriele — Società semplice v Agenzia per le Erogazioni in Agricoltura (AGEA)

ECLI:EU:UNKNOWN:62018CN0348

62018CN0348

May 29, 2018
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(Case C-348/18)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellant: Azienda Agricola Barausse Antonio e Gabriele — Società semplice

Respondent: Agenzia per le Erogazioni in Agricoltura (AGEA)

Question referred

Must Article 2(1) of Council Regulation (EEC) No 3950/92 (1) be interpreted — also in the light of the grounds already set out by the Court of Justice of the European Union in its judgment of 5 May 2011 in Joined Cases C-230/09 and C-231/09 in relation to Article 10(3) of Regulation (EC) No 1788/2003 (2) — as meaning that any unused portion of the national reference quantity allocated to deliveries can be re-allocated according to objective priority criteria determined by the Member States, or must that provision be interpreted as meaning that the equalling-out stage must be governed exclusively by the criterion of proportionality?

(1) Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (OJ 1992 L 405, p. 1).

(2) Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ 2003 L 270, p. 123).

Language of the case: Italian

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