Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - DISCRIMINATION BETWEEN PRODUCERS AND CONSUMERS WITHIN THE COMMUNITY - PROHIBITION - CONCEPT

( EEC TREATY , SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - PRODUCTION REFUNDS - QUELLMEHL AND MAIZE STARCH - DIFFERENCE OF TREATMENT - INADMISSIBILITY - ILLEGALITY

( REGULATION NO 120/67/EEC OF THE COUNCIL , ARTICLE 11 ; REGULATION ( EEC ) NO 1125/74 OF THE COUNCIL , ARTICLE 5 )

Summary

3 . ILLEGALITY - CONSEQUENCES - OBLIGATION OF THE INSTITUTIONS

1 . THE WORDING OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY DOES NOT REFER IN CLEAR TERMS TO THE RELATIONSHIP BETWEEN DIFFERENT INDUSTRIAL OR TRADE SECTORS IN THE SPHERE OF PROCESSED AGRICULTURAL PRODUCTS . THIS DOES NOT ALTER THE FACT THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE AFORESAID PROVISION IS MERELY A SPECIFIC ENUNCIATION OF A GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THIS PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

2 . THE PROVISIONS OF ARTICLE 11 OF REGULATION NO 120/67/EEC OF THE COUNCIL OF 13 JUNE 1967 , AS WORDED WITH EFFECT FROM 1 AUGUST 1974 FOLLOWING THE AMENDMENT MADE BY ARTICLE 5 OF REGULATION ( EEC ) NO 1125/74 OF THE COUNCIL OF 29 APRIL 1974 , AND REPEATED IN SUBSEQUENT REGULATIONS , ARE INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY IN SO FAR AS THEY PROVIDE FOR QUELLMEHL AND PRE-GELATINIZED STARCH TO RECEIVE DIFFERENT TREATMENT IN RESPECT OF PRODUCTION REFUNDS FOR MAIZE USED IN THE MANUFACTURE OF THESE TWO PRODUCTS .

3 . IN THE PARTICULAR CIRCUMSTANCES OF THE CASE , THIS FINDING OF ILLEGALITY DOES NOT INEVITABLY INVOLVE A DECLARATION THAT A PROVISION OF REGULATION ( EEC ) NO 1125/74 IS INVALID . THE ILLEGALITY OF ARTICLE 5 OF REGULATION ( EEC ) NO 1125/74 CANNOT BE REMOVED MERELY BY THE FACT THAT THE COURT , IN PROCEEDINGS UNDER ARTICLE 177 , RULES THAT THE CONTESTED PROVISION WAS IN PART OR IN WHOLE INVALID . AS THE SITUATION CREATED , IN LAW , BY ARTICLE 5 OF REGULATION ( EEC ) NO 1125/74 IS INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY , IT IS FOR THE COMPETENT INSTITUTIONS OF THE COMMUNITY TO ADOPT THE MEASURES NECESSARY TO CORRECT THIS INCOMPATIBILITY .