C-64/87
ECLI:EU:C:1988:69
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VERSELE-LAGA v ROBEGRA
OPINION OF MR ADVOCATE GENERAL DARMON delivered o n 9 F e b r u a r y 1988 *
Mr President, 3. In my view, the replies to be given to Members of the Court, those questions are relatively straight- forward. Since the levy must be paid to the competent national body by the operator undertaking first-stage processing, the conversion rate applicable can be none other 1. The three questions referred to the Court than the conversion rate applicable in the of Justice by the Vredegerecht (cantonal State where the processing takes place. In court) of the Second Canton of the City of other words, the amount of the levy laid Antwerp relate to Commission Regulation down by Council Regulation N o 1584/86 N o 2040/86, ' certain aspects of which have of 23 May 1986 4 for the 1986/87 marketing been the subject of other Opinions delivered year, namely ECU 5.38 per tonne, must by me earlier today. The third question necessarily be converted into the currency concerning the validity of the regulation is of the State where the processing takes put solely in the event that the Court's reply place at the agricultural conversion rate to the second question should be in the applicable in that State. negative.
2. In essence, the questions put by the Vredegerecht relate to the conversion rate to be applied in calculating the co-responsi- bility levy which, under Article 1 of Commission Regulation No 2040/86 implementing Article 4 of Council Regu- 4. As regards the second question, it is lation No 2727/75, 2 as amended by essentially concerned with Article ' 5 of Council Regulation No 1579/86 3 is payable Commission Regulation No 2040/86 and, by operators undertaking the 'first-stage more specifically, with whether that processing' of cereals. provision means that the whole co-responsi- bility levy must be passed on by processors * Translated from the French. to their suppliers. T o my mind, the reply t o 1 — Commission Regulation (EEC) No 2040/86 of 30 June 1986 laying down detailed rules for the application of the this question is also clear. In view of the fact co-responsibility levy in the cereals sector (Official Journal that under the Community rules in force the 1986, L 173, p. 65). 2 — Regulation (EEC) N o 2727/75 of the Council of 29 levy is to be neutral in its effect the only October 1975 on the common organization of the market possibility is that the whole of the levy must in cereals (Official Journal 1975, L 281, p. 1). 3 — Council Regulation (EEC) N o 1579/86 of 23 May 1986 be passed on. amending Regulation (EEC) No 2727/75 on the common organization of the market in cereals (Official Journal 1986, L 139, p. 29). 4 — Official Journal 1986, L 139, p. 41.
OPINION OF MR DARAION —CASE 64/87
5. I therefore conclude that the Court should rule as follows:
'The co-responsibility levy in the cereals sector must be calculated on the basis of the agricultural conversion rate applicable in the State where first processing takes place;
The whole co-responsibility levy must be passed on by processors to their suppliers.'