Agriculture – common organization of the markets – milk and milk products – special aid for the denaturing of skimmed-milk powder intended for feed for animals other than young calves – denaturing not carried out in conformity with community provisions – loss of the benefit of the aid in its entirety – principle of proportionality – breach – none.
(Commission Regulation (EEC) no 1844/77)
In view of the fact that the special aid granted for the denaturing of skimmed-milk powder intended for feed for animals other than young calves is considerably higher than the amount granted in the case of feed for calves, and in view of the risk that it might be used for other, unauthorized purposes where the denaturing departs even to a slight extent from the method referred to in Regulation no 1844/77, the commission was legally justified in adopting provisions which entail witholding of the aid and loss of the security for failure to fulfil the obligation to carry out denaturing laid down by the regulation and was not obliged to vary the severity of the measure in question according to the gravity of the failure to comply with the obligation. Such a measure cannot be regarded as out of proportion to the objective pursued and the fact that the denaturing departs even to a slight extent from the above-mentioned method is capable of depriving the trader of the entire benefit of the special aid.
Citations:
R-272/81, [1982] EUECJ R-272/81
Links:
European, Agriculture
Updated: 21 June 2022; Ref: scu.215132