Keywords
Summary

Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR THE PRIVATE STORAGE OF BUTTER - REIMBURSEMENT OF FINANCING COSTS - TAKING INTO ACCOUNT OF DIFFERENT INTEREST RATES ACCORDING TO THE MEMBER STATE WHERE THE BUTTER IS STORED - LEGALITY

( REGULATION NO 985/68 OF THE COMMISSION, ART . 10 ( 1 ); REGULATION NO 685/69 OF THE COMMISSION, ART . 24 ( 3 ) ( C ), AS AMENDED BY COMMISSION REGULATION NO 1746/84 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - PROHIBITION - SCOPE

( EEC TREATY, ART . 40 ( 3 ), SECOND SUBPARAGRAPH )

3 . COMMUNITY LAW - PRINCIPLES - PROTECTION OF LEGITIMATE EXPECTATION - LIMITS - AMENDMENTS TO THE RULES CONCERNING A COMMON ORGANIZATION OF THE MARKETS - POWER OF APPRAISAL OF THE COMMUNITY INSTITUTIONS

Summary

1 . ARTICLE 10 ( 1 ) OF REGULATION NO 985/68 LAYING DOWN GENERAL RULES FOR INTERVENTION ON THE BUTTER MARKET, INTERPRETED IN THE LIGHT OF THE PREAMBLE TO THE REGULATION, DOES NOT PREVENT THE INTEREST RATE TAKEN INTO ACCOUNT AS PART OF FINANCING COSTS IN THE CALCULATION OF THE AMOUNT OF AID FOR THE PRIVATE STORAGE OF BUTTER FROM VARYING ACCORDING TO THE MEMBER STATE WHERE THE BUTTER IS STORED, AS PROVIDED FOR IN REGULATION NO 1746/84, BECAUSE ALTHOUGH THE UNIFORMITY OF THE SYSTEM OF PRIVATE STORAGE OF BUTTER IN THE COMMUNITY IMPLIES A UNIFORM METHOD OF CALCULATING THE AID WITH REFERENCE TO STORAGE COSTS AND MARKET DEVELOPMENTS, IT DOES NOT IMPLY THAT THE AMOUNT OF AID ITSELF SHOULD BE THE SAME THROUGHOUT THE COMMUNITY .

THE DIFFERENTIATION OF THE AMOUNT OF AID FOR THE PRIVATE STORAGE OF BUTTER PERMITS THE OBJECTIVE OF ENABLING STOCKS TO BE HELD ON THE MOST EFFECTIVE BASIS POSSIBLE TO BE ACHIEVED, AND, BECAUSE IT DOES NOT CALL INTO QUESTION THE SINGLE INTERVENTION PRICE AND DOES NOT AFFECT THE AMOUNT OF THE SINGLE TARGET PRICE, DOES NOT ADVERSELY AFFECT THE SINGLE MARKET FOR BUTTER .

2 . AS A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY, THE PROHIBITION OF DISCRIMINATION EXPRESSED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY DOES NOT PREVENT LIKE SITUATIONS FROM BEING TREATED DIFFERENTLY WHERE SUCH TREATMENT IS OBJECTIVELY JUSTIFIED .

3 . TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY THE INSTITUTIONS OF THE COMMUNITY IN THE EXERCISE OF THEIR POWER OF APPRAISAL WILL BE MAINTAINED . THIS IS ESPECIALLY TRUE OF AN AREA SUCH AS THE COMMON ORGANIZATION OF THE MARKETS WHOSE PURPOSE INVOLVES CONSTANT ADJUSTMENTS TO CHANGES IN THE ECONOMIC SITUATION .