ECJ 1. Agriculture – common organization of the markets – discrimination between producers or consumers – prohibition – scope – measures differentiated according to regions of the community – whether permissible -objective criteria (EEC treaty, arts 7 and 40 (3), second subparagraph) 2. Agriculture – common organization of the markets – sugar – production levy – calculation – consideration of losses resulting from disposal -concept of disposal (regulation (EEC) no 3330/74 of the council, art. 27 (2); regulation (EEC) no 700/73 of the commission, art. 7 (2); commission regulation EEC) no 3358/81, art. 1)
- Under the principle of non-discrimination between community producers or consumers, which is enshrined in the second subparagraph of article 40 (3) of the EEC treaty and which includes the prohibition of discrimination on grounds of nationality laid down in the first paragraph of article 7 of the EEC treaty, comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified. It follows that the various elements in the common organization of the markets, such as protective measures, subsidies, aid and so on, may not be differentiated according to region or according to other factors affecting production or consumption except by reference to objective criteria which ensure a proportionate division of the advantages and disadvantages for those concerned without distinction between the territories of the member states.
- The factors taken into account in the calculation of the sugar production levy for a given marketing year include the losses resulting from disposal of b quota sugar on the world market. Since neither regulation no 3330/74 nor regulation no 700/73 defines the concept of disposal, it was permissible for the commission, when fixing the amount of the levy in regulation no 3358/81, to quantify the volume of exports on the basis of the information derived from export licences, which impose an obligation on the licensees to carry out the operations in question, subject to the provision of security, rather than actual exports, which are difficult to bring into account owing to the practices pursued by the national authorities.
Citations:
C-106/83, R-106/83, [1984] EUECJ R-106/83
Links:
European, Agriculture
Updated: 22 May 2022; Ref: scu.133651