Caseificio Sociale San Rocco and Others (Judgment) French Text [2019] EUECJ C-46/18 (11 September 2019)

Caseificio Sociale San Rocco and Others (Judgment) French Text [2019] EUECJ C-46/18 (11 September 2019)

The incompatibility of national law with Article 2(2) of Regulation No 3950/92 does not relieve producers of the obligation to pay the supplementary levy. National rules prioritizing reimbursement to producers who complied with an unlawful national obligation are contrary to Article 2(4) of Regulation No 3950/92 and...

Source-derived case information.

Citation
[2019] EUECJ C-46/18
Parties
Applicant: Caseificio Sociale San Rocco Soc. coop. arl; Applicant: S.s. Franco e Maurizio Artuso; Applicant: Claudio Matteazzi; Applicant: Roberto Tellatin; Applicant: Sebastiano Bolzon; Respondent: Agenzia per le Erogazioni in Agricoltura (AGEA); Respondent: Regione Veneto
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Reference for a preliminary ruling answered; national law incompatible with EU law must be set aside; recalculation of levies required.
Legal Topics
Milk Quota System, Supplementary Levy, National Implementation of EU Law, Legitimate Expectation, Refund of Overpaid Levies
European Union Law Agricultural Law Milk Quota System Supplementary Levy National Implementation of EU Law Legitimate Expectation Refund of Overpaid Levies

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Parties

Caseificio Sociale San Rocco Soc. coop. arl

Applicant

S.s. Franco e Maurizio Artuso

Applicant

Claudio Matteazzi

Applicant

Roberto Tellatin

Applicant

Sebastiano Bolzon

Applicant

Agenzia per le Erogazioni in Agricoltura (AGEA)

Respondent

Regione Veneto

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether incompatibility of national law with Article 2(2) of Regulation No 3950/92 removes the obligation for producers to pay the supplementary levy.
  2. 2 Whether the principle of legitimate expectation protects producers who complied with a national obligation later found contrary to EU law.
  3. 3 Whether national rules prioritizing reimbursement of overpaid levies to certain producers are compatible with Article 2(4) of Regulation No 3950/92 and Article 9 of Regulation No 1392/2001.

Ratio Decidendi

The incompatibility of national law with Article 2(2) of Regulation No 3950/92 does not relieve producers of the obligation to pay the supplementary levy. National rules prioritizing reimbursement to producers who complied with an unlawful national obligation are contrary to Article 2(4) of Regulation No 3950/92 and Article 9 of Regulation No 1392/2001. The principle of legitimate expectation does not prevent recalculation of the levy for producers who did not comply with the national monthly payment obligation.

Court Disposition

Reference for a preliminary ruling answered; national law incompatible with EU law must be set aside; recalculation of levies required.

Orders

  • Article 2 of Regulation No 3950/92 does not relieve producers of the levy due to national law incompatibility.
  • Article 2(4) of Regulation No 3950/92 and Article 9 of Regulation No 1392/2001 preclude national rules prioritizing reimbursement to certain producers based on compliance with unlawful national obligations.