Keywords
Summary

Keywords

1. Preliminary rulings - Admissibility - Need to provide the Court with sufficient details of the factual and legal context

(EC Treaty, Art.177 (now, after amendment, Art. 234 EC))

2. Agriculture - Common organisation of the markets - Beef and veal - Intervention mechanisms - Early marketing premium for calves - Grant of premium according to average carcase weight of calves slaughtered in each of the Member States during 1995 - Principle of non-discrimination - Breach - None

(EC Treaty, Art.40(3) (now, after amendment, Art. 34(2) EC); Council Regulations No 805/68, Art. 4(i)(2) and No 2222/96; Commission Regulations No 3886/92, Art. 50(1) and No 2311/96)

Summary

1. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based.

That is the case where the order for reference contains information which is sufficiently precise and complete to enable the Court to give a useful reply on the question posed and where the information contained in that order in fact enables the governments of the Member States effectively to state their views on that question.

( see paras 25, 28-29 )

2. The fact that the adoption of a given measure under a common organisation of the market may affect producers in different ways, depending upon the particular nature of their production or on local conditions, cannot be regarded as discrimination prohibited by Article 40(3) of the Treaty (now, after amendment, Article 34(2) EC) if that measure is determined on the basis of objective rules, formulated to meet the needs of the general common organisation of the market.

The differentiation of entitlement to early-marketing premium for calves according to the average carcase weight of calves slaughtered in each of the Member States during 1995 and the uniform application of a 15% reduction on the average weights thus determined do not entail discrimination between Community producers prohibited under Article 40(3) of the Treaty.

( see paras 44, 48 )