Keywords
Summary

Keywords

1 . MEASURE ADOPTED BY AN INSTITUTION - REGULATION - STATEMENT OF REASONS ON WHICH BASED - REFERENCE TO LEGISLATIVE CONTEXT

( EEC TREATY , ART . 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - CONCEPT

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

3 . AGRICULTURE - COMMON PROVISIONS FOR ISOGLUCOSE - PRODUCTION LEVY - DIFFERENCE AS COMPARED WITH SUGAR PRODUCTION LEVY - COUNCIL REGULATION NO 1111/77 , ARTS . 8 AND 9 - INVALIDITY

Summary

1 . EVEN THOUGH THE STATEMENT OF THE REASONS ON WHICH A REGULATION IS BASED MAY BE LACONIC , IT MUST NEVERTHELESS BE EXAMINED AND ASSESSED IN THE CONTEXT OF THE WHOLE OF THE RULES OF WHICH THE REGULATION IN QUESTION FORMS AN INTEGRAL PART .

2 . THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS THE DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

3 . COUCIL REGULATION NO 1111/77 OFFENDS AGAINST THE GENERAL PRINCIPLE OF EQUALITY AND IS INVALID TO THE EXTENT TO WHICH ARTICLES 8 AND 9 THEREOF IMPOSE A PRODUCTION LEVY ON ISOGLUCOSE OF 5 UNITS OF ACCOUNT PER 100 KG OF DRY MATTER FOR THE PERIOD CORRESPONDING TO THE SUGAR MARKETING YEAR 1977/78 .