Agriculture - 1992

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This page lists 3 cases, and was prepared on 04 October 2008.

Criminal proceedings against Debus Pretura circondariale di Pordenone et Pretura circondariale di Vigevano (Rec 1992,p I-3617) (Judgment) C-113/91; C-13/91; [1992] EUECJ C-13/91
4 Jun 1992 ECJ	European, Agriculture
	Europa 1. In view of the uncertainties in the present state of scientific research in the matter of food additives and of the absence of complete harmonization of national legislation, Articles 30 and 36 of the Treaty do not preclude national legislation restricting the use of such substances and laying down a maximum limit on the use of a specific additive in certain products. In applying such legislation to imported products containing a quantity of additives exceeding the limit authorized by the legislation of the importing Member State when that quantity is authorized in the Member State of production, the national authorities must, however, having regard to the principle of proportionality on which the last sentence of Article 36 is based, be restricted to that which is actually necessary for the protection of public health. Accordingly, the use of a specific additive which is authorized in one Member State must be authorized as regards products imported from that State where, both in view of the findings of international scientific research, in particular the work of the Community Scientific Committee for Food and the FAO Codex Alimentarius Committee and of the World Health Organization, and in the light of eating habits in the importing Member State, that additive does not represent a danger to public health and fulfils a real need, in particular of a technological nature. That concept has to be assessed in the light of the raw materials used, having regard to the assessment made by the authorities in the Member State of production and the findings of international scientific research. It follows that Articles 30 and 36 of the Treaty preclude national legislation which prohibits, generally and absolutely, the marketing of beers imported from another Member State in which they are lawfully marketed if they contain a quantity of sulphur dioxide exceeding 20 mg per litre, where it is agreed that the absorption of sulphur dioxide on account of the consumption of certain such beers does not entail a serious risk of exceeding the limits on the maximum daily dose of sulphur dioxide allowed by the FAO and the WHO, and that the legislation of the importing Member State authorizes the use of sulphur dioxide in much higher proportions in other beverages, one of which is consumed in much higher quantities than beer in the Member State in question. 2. A national court which is called upon, within the limits of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means.
	[ Europa ] - [ Bailii ]

Sanders Adour and Guyomarc'h Orthez -v- Directeur des services fiscaux des Pyrénées-Atlantiques C-149/91; [1992] EUECJ C-149/91
11 Jun 1992 ECJ	European, Agriculture
	Community law, and in particular the machinery of the common agricultural policy laid down for the cereals sector in, inter alia, Regulation No 2727/75 on the common organization of the market in cereals, precludes a Member State from levying a charge on a limited number of agricultural products over a prolonged period where that charge is likely to encourage economic agents to alter the structure of their production or consumption. It is for the national court to determine whether the charge at issue in a dispute before it has had such effects. A parafiscal charge imposed on a basic product constitutes a charge having equivalent effect to a customs duty prohibited by Article 12 of the Treaty, when the charge is definitively levied on the importation of certain products, whereas it is reimbursed where those products are manufactured on the national territory, or when the revenue from it is entirely used for the benefit of domestic products only, thereby fully offsetting the charge imposed on those products. If that revenue is allocated in part to those benefits, thus offsetting only partly the burden borne by domestic products, the charge in question constitutes discriminatory taxation prohibited by Article 95 of the Treaty. The fact that a parafiscal charge imposed on a basic product is reimbursed on the manufacture of derived products within national territory, whilst it is levied definitively on the importation of those derived products, or the revenue from it is used for the benefit of domestic products only, thereby offsetting the charge imposed on those products, may constitute State aid incompatible with the common market if the conditions for the application of Article 92 are met; that assessment falls within the competence of the Commission in accordance with the procedure laid down for that purpose in Article 93 of the Treaty.
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Walter Knüfer and Direktor der Landwirtschaftskammer Rheinland -v- Walter Buchmann (Rec 1992,p I-6895) (Judgment) C-79/91; [1992] EUECJ C-79/91
17 Dec 1992 ECJ	European, Agriculture
	Europa The expression "areas used for milk production" in Article 5(2) of Regulation No 1371/84 and in Article 7(2) of Regulation No 1546/88, which in the context of the scheme imposing a levy on milk relate to the transfer of reference quantities exempt from the levy when one or more parts of a holding are transferred, must be interpreted as also comprising the yard, buildings and road areas of the holding, provided that they contribute directly or indirectly to the milk production of the holding.
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