Judgment_paragraph 79 · Hauptzollamt Koblenz v Kurt und Thomas Etling in GbR and Hauptzollamt Oldenburg v Theodor Aissen and Hermann Rohaan (C-230/09, C-231/09)

79Having regard to the whole of the above considerations, the answers to the questions in Case C-231/09 are as follows:— Article 10(3) of Regulation No 1788/2003 must be interpreted as meaning that the reallocation of the unused part of the national reference quantity allocated to deliveries must be carried out in proportion to the individual reference quantity of each producer having overdelivered, namely that determined at 1 April of the relevant twelve-month period, or according to objective criteria to be set by the Member States. The concept of individual reference quantity used in that provision does not allow transfers of reference quantities during that period to be taken into account.— National legislation implementing the option, provided for in Article 10(3) of Regulation No 1788/2003, of setting objective criteria according to which the reallocation of the unused part of the national reference quantity allocated to deliveries is to be carried out must comply, in particular with general principles of EU law and the objectives pursued by the common agricultural policy, especially those concerning the common organisation of the markets in the milk sector.— Those objectives do not preclude national legislation, adopted in the context of the implementation of that option, which allows overdelivering producers, who have, in accordance with the provisions of Regulation No 1788/2003, received a transfer, during the relevant twelve-month period, of an individual reference quantity under which milk has already been delivered for that same period by the producer who previously held it, to participate in that reallocation by including some or all of that reference quantity. Member States must however ensure that such legislation does not give rise to transfers which, while formally complying with the conditions laid down by that regulation, are intended solely to allow certain overdelivering producers to obtain a more favourable position on that reallocation.

Hauptzollamt Koblenz v Kurt und Thomas Etling in GbR and Hauptzollamt Oldenburg v Theodor Aissen and Hermann Rohaan (C-230/09, C-231/09)

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