CJEU Case C-294/25 / Judgment

AVEPA
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Sixth Chamber)
Type
Decision
Decision date
26/03/2026
ECLI (European case law identifier)
ECLI:EU:C:2026:254
  • CJEU Case C-294/25 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling – Agriculture – Milk and milk products – Regulation (EC) No 595/2004 – Deliveries made to non-approved purchasers – Article 24(1) – Concept of ‘penalty’ – Additional levy payable by the producer – Levy calculated on the basis of the total quantity of the product delivered – Proportionality – Rights of the defence and right to an effective remedy

    Outcome of the case:

    On those grounds, the Court (Sixth Chamber) hereby rules:

    Article 24(1) of Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector

    must be interpreted as not precluding national legislation which provides, where milk is delivered to non-approved purchasers, that all of the milk delivered is to be subject to an additional levy payable by the producer, provided that that measure is effective, proportionate and dissuasive. The detailed rules for the adoption of such a penalty measure and the procedures enabling the producer to challenge it before the courts must, however, meet the requirements arising, in particular, from the rights of the defence and from Article 47 of the Charter of Fundamental Rights of the European Union.

  • Paragraphs referring to EU Charter

    40. Furthermore, having regard to the argument of the applicants in the main proceedings that the measure at issue should be subject to the national rules applicable to administrative penalties, which would enable them to benefit from the procedural guarantees attached to such measures under national law, it should be noted that, according to Article 51(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’), the provisions of that charter are addressed to Member States when they are implementing EU law. Consequently, in a procedure conducted pursuant to the provisions of national law implementing Article 24(1) of Regulation No 595/2004 regarding penalties where deliveries are made to non-approved purchasers, the addressee of the penalty must enjoy the procedural guarantees deriving, inter alia, from the rights of the defence and from the first paragraph of Article 47 of the Charter, which enshrines the right to an effective remedy (see, to that effect, judgment of 9 September 2021, Adler Real Estate and Others, C‑546/18, EU:C:2021:711, paragraphs 40 to 43 and 48). This applies regardless of the specific legal classification given by the national legislature to such a penalty measure in domestic law.

    ...

    42. In the light of the foregoing, the answer to the question referred is that Article 24(1) of Regulation No 595/2004 must be interpreted as not precluding national legislation which provides, where milk is delivered to non-approved purchasers, that all of the milk delivered is to be subject to an additional levy payable by the producer, provided that that measure is effective, proportionate and dissuasive. The detailed rules for the adoption of such a penalty measure and the procedures enabling the producer to challenge it before the courts must, however, meet the requirements arising, in particular, from the rights of the defence and from Article 47 of the Charter.

  • Paragraphs referring to EU Charter (original language)