Europa 1. Article 12(1) of Regulation No 1546/88 laying down detailed rules for the application of the additional levy on milk, as amended by Regulation No 1033/89, must be interpreted as meaning that a Member State is entitled to use only the periods of application of the additional levy scheme expressly laid down by that provision for the purposes of determining the fat content of milk to be considered representative which is taken into account when determining the reference quantities exempt from the levy. In so far as that provision designates the period to be regarded as the reference period and authorizes the choice of another period, which it also designates, in exceptional cases which it lists exhaustively, it lays down precise rules precluding any other possibility. 2. The difference in treatment between, on the one hand, producers the fat content of whose milk declined abnormally during the two periods of application of the additional levy scheme laid down by Article 12(1) of Regulation No 1546/88 for determining the fat content to be considered representative and, on the other, producers who may rely on a representative fat content within one or other of those periods, is objectively justified by the need to lay down, in the interests of both legal certainty and the effectiveness of the additional levy scheme, a limitation on the number of periods which may be taken into account as reference periods. Consequently, that difference in treatment cannot be described as discriminatory.
Citations:
C-120/92, [1993] EUECJ C-120/92
Links:
European, Agriculture
Updated: 02 June 2022; Ref: scu.160914
