Heinrich Wehrs v Hauptzollamt Lueneburg. (Agriculture) [1992] EUECJ C-264/90 (3 December 1992)

Heinrich Wehrs v Hauptzollamt Lueneburg. (Agriculture) [1992] EUECJ C-264/90 (3 December 1992)

The second indent of Article 3a(1) of Council Regulation (EEC) No 857/84, as amended, is invalid insofar as it bars persons who have taken over a premium under Regulation (EEC) No 1078/77 from allocation of a special reference quantity if they have received a reference quantity under Article 2 of Regulation (EEC) No 857/84.

Citation
[1992] EUECJ C-264/90
Parties
Observer: Council of the European Communities; Observer: Commission of the European Communities; Referring Court: Finanzgericht Hamburg
Jurisdiction
European Union
Judgment Date
03 December 1992
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Provision declared invalid in specified respect
Legal Topics
Validity of EU Regulations, Agricultural Policy, Milk Quotas
European Union Law Validity of EU Regulations Agricultural Policy Milk Quotas

Case Brief

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Parties

Council of the European Communities

Observer

Commission of the European Communities

Observer

Finanzgericht Hamburg

Referring Court

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Validity of the second indent of Article 3a(1) of Council Regulation (EEC) No 857/84 as amended by Council Regulation (EEC) No 764/89

Ratio Decidendi

The second indent of Article 3a(1) of Council Regulation (EEC) No 857/84, as amended, is invalid insofar as it bars persons who have taken over a premium under Regulation (EEC) No 1078/77 from allocation of a special reference quantity if they have received a reference quantity under Article 2 of Regulation (EEC) No 857/84.

Court Disposition

Provision declared invalid in specified respect

Orders

  • The second indent of Article 3a(1) of Council Regulation (EEC) No 857/84, as amended by Council Regulation (EEC) No 764/89, is invalid in so far as persons taking over a premium granted pursuant to Council Regulation (EEC) No 1078/77 are barred from allocation of a special reference quantity if they have received a...
  • Costs incurred by the Council and Commission are not recoverable; costs for main proceedings are for the national court to decide.