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Case C-348/18: Judgment of the Court (Seventh Chamber) of 27 June 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda Agricola Barausse Antonio e Gabriele — Società semplice v Agenzia per le Erogazioni in Agricoltura (AGEA) (Preliminary reference — Additional levy in the milk and milk products sector — Regulation (EEC) No 3950/92 — Second subparagraph of Article 2(1) — Establishment of the producers' contribution to the payment of the additional levy due — Reallocation of unused reference quantities — National measure reallocating unused quantities on the basis of objective priority criteria)
ECLI:EU:UNKNOWN:62018CA0348
62018CA0348
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Official Journal of the European Union
C 280/7
(Case C-348/18) (*)
(Preliminary reference - Additional levy in the milk and milk products sector - Regulation (EEC) No 3950/92 - Second subparagraph of Article 2(1) - Establishment of the producers' contribution to the payment of the additional levy due - Reallocation of unused reference quantities - National measure reallocating unused quantities on the basis of objective priority criteria)
(2019/C 280/08)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Azienda Agricola Barausse Antonio e Gabriele — Società semplice
Defendant: Agenzia per le Erogazioni in Agricoltura (AGEA)
In the presence of: Comitato Spontaneo Produttori Latte (COSPLAT), Società Agricola Galleana — Società semplice, VS and Others
Operative part of the judgment
The second subparagraph of Article 2(1) of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector, as amended by Council Regulation (EC) No 1256/1999 of 17 May 1999, must be interpreted as meaning that, where a Member State decides to reallocate unused reference quantities, that reallocation must be made between producers who have exceeded their reference quantities, in proportion to the reference quantities at their disposal.
(*) Language of the case: Italian.