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C 86/4 EN Official Journal of the European Communities 27.3.

1999

Italian Republic (Agent: Umberto Leanza, assisted by Ivo JUDGMENT OF THE COURT
M. Braguglia)
(Second Chamber)
of 28 January 1999
Ð application for a declaration that, by failing to adopt,
within the prescribed time-limits, the laws, regulations in Case C-181/96 (reference for a preliminary ruling from
and administrative provisions necessary to comply the Bundesverwaltungsgericht): Georg Wilkens v. Land-
with wirtschaftskammer Hannover (1)
(Additional milk levy Ð Special reference quantity Ð
Ð Council Directive 93/119/EC of 22 December 1993 on Non-marketing and conversion undertaking Ð
the protection of animals at the time of slaughter or Obligations Ð Failure to fulfil Ð Withdrawal of the
killing (OJ L 340, 31.12.1993, p. 21) conversion premium Ð Retroactive annulment of a quota
allocation)

Ð Council Directive 94/42/EC of 27 July 1994 amending (1999/C 86/07)
Directive 64/432/EEC on health problems affecting
intra-Community trade in bovine animals and swine
(OJ L 201, 4.8.1994, p. 26) (Language of the case: German)

Ð Commission Directive 94/16/EC of 22 April 1994
amending Council Directive 74/63/EEC on undesirable (Provisional translation; the definitive translation will be
substances and products in animal nutrition (OJ L 104, published in the European Court Reports)
23.4.1994, p. 32), and
In Case C-181/96: reference to the Court under Article 177
Ð Council Directive 93/118/EC of 22 December 1993 of the EC Treaty from the Bundesverwaltungsgericht for a
amending Directive 85/73/EEC on the financing of preliminary ruling in the proceedings pending before that
health inspections and controls of fresh meat and court between Georg Wilkens and Landwirtschaftskammer
poultry meat (OJ L 340, 31.12.1993, p. 15) Hannover, third party: Oberbundesanwalt beim Bundes-
verwaltungsgericht Ð on the interpretation and validity of
the second subparagraph of Article 3a(1) of Council
or in any event by failing to notify such provisions to the Regulation (EEC) No 857/84 of 31 March 1984 adopting
Commission, the Italian Republic has failed to fulfil its general rules for the application of the levy referred to in
obligations under those directives Ð the Court (Fourth Article 5c of Regulation (EEC) No 804/68 in the milk and
Chamber), composed of: P. J. G. Kapteyn, President of the milk products sector (OJ L 90, 1.4.1984, p. 13), as
Chamber, J. L. Murray and H. Ragnemalm (Rapporteur), amended by Council Regulation (EEC) No 1639/91 (OJ
Judges; J. Mischo, Advocate-General; R. Grass, Registrar, L 150, 15.6.1991, p. 35), Ð the Court (Second Chamber),
gave a judgment on 21 January 1999, in which it declared composed of: G. Hirsch (Rapporteur), President of the
that: Chamber, G. F. Mancini and R. Schintgen, Judges; P. LeÂger,
Advocate-General; H. A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 28 January
1. By failing to adopt, within the prescribed time-limits,
1999, in which it has ruled:
the laws, regulations and administrative provisions
necessary to comply with
The second subparagraph of Article 3a(1) of Council
Ð Council Directive 94/42/EC of 27 July 1994 Regulation (EEC) No 857/84 of 31 March 1984 adopting
amending Directive 64/432/EEC on health general rules for the application of the levy referred to in
problems affecting intra-Community trade in Article 5c of Regulation (EEC) No 804/68 in the milk and
bovine animals and swine, and milk products sector, as amended by Council Regulation
(EEC) No 1639/91 of 13 June 1991, is to be interpreted
Ð Council Directive 93/118/EC of 22 December as meaning that a producer who has had entitlement to
1993 amending Directive 85/73/EEC on the the non-marketing or conversion premium granted under
financing of health inspections and controls of Council Regulation (EEC) No 1078/77 of 17 May 1977
fresh meat and poultry meat, introducing a system of premiums for the non-marketing
of milk and milk products and for the conversion of dairy
herds withdrawn as a result of an alleged failure to
the Italian Republic has failed to fulfil its obligations comply with his undertaking not to market milk or milk
under those directives. products is to receive a special reference quantity in due
proportion to his compliance with and performance of
that undertaking.
2. The Italian Republic is ordered to pay the costs.

(1) OJ C 41, 7.2.1998. (1) OJ C 210, 20.7.1996.