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Document 61987CJ0212

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    1 . Agriculture - Common organization of the market - Fruit and vegetables - Products concerned - Fresh fruit and vegetables intended for processing - Included

    ( Council Regulations Nos 1035/72 and 516/77 )

    2 . Agriculture - Common organization of the market - Fruit and vegetables - Producers' organizations - Fixing of minimum purchase prices - Binding on affiliated producers and processors - Extension to all national producers and processors - Not permissible

    ( Council Regulation No 1035/72 )

    3 . Agriculture - Common organization of the market - Fruit and vegetables - Producers' organizations - Imposition of charges on non-affiliated producers - Income used to finance activities incompatible with Community law - Not permissible

    ( Council Regulation No 1035/72 )

    Summary

    1 . The rules of the common organization of the market set up by Regulation No 1035/72 must be applied to fruit and vegetables coming within the scope of that organization, irrespective of the use to which they are ultimately to be put . The fact that they are intended for processing does not mean that at the marketing stage they fall within the ambit of Regulation No 516/77 on the common organization of the market in products processed from fruit and vegetables .

    2 . Regulation No 1035/72 on the common organization of the market in fruit and vegetables, in the version applicable prior to the entry into force of Regulation No 3284/83, must be interpreted as leaving the Member States no power to extend to national producers and processors who are not affiliated to an intertrade organization in the sector the rules adopted by that organization under agreements fixing minimum purchase prices for certain vegetables .

    3 . The obligation imposed on non-affiliated producers to contribute to the financing of funds established by a producers' organization in the fruit and vegetables sector is unlawful in so far as it serves to finance activities which are themselves held to be contrary to Community law .

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