«(Common agricultural policy – Articles 32 EC to 38 EC – Regulation (EEC) No 804/68 – Common organisation of the market in milk and milk products – Target price for milk – Regulation No 26 – Application of certain competition rules to the production of and trade in agricultural products – Whether Member States may apply national competition rules to milk producers who choose to organise themselves into cooperatives and hold market power)»
JUDGMENT OF THE COURT9 September 2003 (1)
((Common agricultural policy – Articles 32 EC to 38 EC – Regulation (EEC) No 804/68 – Common organisation of the market in milk and milk products – Target price for milk – Regulation No 26 – Application of certain competition rules to the production of and trade in agricultural products – Whether Member States may apply national competition rules to milk producers who choose to organise themselves into cooperatives and hold market power))
and
THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Milk Marque Ltd, represented by K.P.E. Lasok, the National Farmers’ Union, represented by S. Isaacs and C. Lewis, the Dairy Industry Federation (DIF), represented by N. Green and M. Lester, Barrister, of the United Kingdom Government represented by G. Amodeo, acting as Agent, assisted by D. Anderson and K. Beal, and of the Commission, represented by P. Oliver and K. Wiedner, at the hearing on 5 February 2002,
after hearing the Opinion of the Advocate General at the sitting on 17 September 2002,
gives the following
On those grounds,
THE COURT,
Wathelet
Schintgen
Timmermans
Gulmann
Edward
La Pergola
Jann
Skouris
Macken
Colneric
Cunha Rodrigues
R. Grass G.C. Rodríguez Iglesias
Registrar
President