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Document 61976CJ0052

Summary of the Judgment

Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MEMBER STATES - INTERVENTION - ADMISSIBILITY - CONDITIONS

( EEC TREATY , ARTICLE 40 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRICE - FORMATION - MEMBER STATES - INTERVENTION - PROHIBITION

( REGULATION NO 120/67 OF THE COUNCIL , ARTICLE 2 )

3 . QUESTIONS REFERRED FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

4 . QUESTIONS REFERRED FOR PRELIMINARY RULING - JUDGMENT - PURPOSE - EFFECTS

( EEC TREATY , ARTICLE 177 )

Summary

1 . INTERVENTIONS BY A MEMBER STATE TO ARREST AT CONSUMER LEVEL THE PRICE OF CERTAIN FOODSTUFFS MADE FROM CEREALS ARE NOT INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN SO FAR AS THEY DO NOT JEOPARDIZE THE OBJECTIVES OR THE OPERATION OF THAT ORGANIZATION .

2 . THE ACTION OF A MEMBER STATE IN PURCHASING WHEAT ON THE WORLD MARKET AND SUBSEQUENTLY RESELLING IT ON THE COMMUNITY MARKET AT A PRICE LOWER THAN THE TARGET PRICE IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKETS .

3 . HAVING TO LIMIT ITSELF TO GIVING AN INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW , THE COURT CANNOT ITSELF ASSESS OR CLASSIFY THOSE ACTIVITIES OR THE PROVISIONS OF NATIONAL LAW RELATING THERETO . WITHIN THE FRAMEWORK OF PROCEEDINGS UNDER ARTICLE 177 , IT IS NOT FOR THE COURT OF JUSTICE TO INTERPRET NATIONAL LAW AND ASSESS ITS EFFECTS . THEREFORE , WITHIN THAT FRAMEWORK , IT CANNOT MAKE A COMPARISON OF ANY KIND WHATSOEVER BETWEEN THE EFFECTS OF THE DECISIONS OF THE NATIONAL COURTS AND THE EFFECTS OF ITS OWN DECISIONS .

4 . THE PURPOSE OF A PRELIMINARY RULING IS TO DECIDE A QUESTION OF LAW AND THAT RULING IS BINDING ON THE NATIONAL COURT AS TO THE INTERPRETATION OF THE COMMUNITY PROVISIONS AND ACTS IN QUESTION .

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