Keywords
Summary

Keywords

1 . REFERENCE FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS - ASSESSMENT OF THE FACTS OF THE CASE - INADMISSIBILITY

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REVALUATION OF NATIONAL CURRENCY - COMPENSATION FOR LOSSES OF INCOME BY AGRICULTURAL PRODUCERS - GRANT OF DIRECT AID BY A MEMBER STATE - RECIPIENT - SELECTION ON THE BASIS OF THE BURDEN OF REVALUATION - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - ABSENCE

( EEC TREATY , ART . 40 ( 3 ), SECOND PARAGRAPH ; REGULATION NO 2464/69 OF THE COUNCIL , ART . 1 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REVALUATION OF NATIONAL CURRENCY - COMPENSATION FOR LOSSES INCOME BY AGRICULTURAL PRODUCERS - GRANT OF DIRECT AID BY A MEMBER STATE - RECIPIENT - EXCLUSION OF INDUSTRIAL LIVESTOCK FATTENERS - ADMISSIBILITY

( REGULATION NO 2464/69 OF THE COUNCIL , ART . 1 )

Summary

1 . THE COURT CANNOT , WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY , SETTLE A DISPUTE CONCERNING THE FACTS . SUCH A DISPUTE , LIKE ANY OTHER ASSESSMENT OF THE FACTS INVOLVED , IS WITHIN THE PROVINCE OF THE NATIONAL COURT .

2 . IT FOLLOWS FROM THE STATEMENT OF REASONS ON WHICH REGULATION NO 2464/69 OF THE COUNCIL ON MEASURES TO BE TAKEN IN AGRICULTURE AS A RESULT OF THE REVALUATION OF THE GERMAN MARK IS BASED THAT THE DIRECT AID TO GERMAN AGRICULTURAL PRODUCERS WHICH IT CONTEMPLATES FALLS WITHIN THE PERSPECTIVE OF CONSIDERATIONS OF A SOCIAL NATURE CORRESPONDING TO THE REQUIREMENT OF ARTICLE 39 ( 2 ) ( A ) OF THE EEC TREATY OF TAKING ACCOUNT OF THE PARTICULAR NATURE OF AGRICULTURAL ACTIVITY , WHICH RESULTS FROM THE SOCIAL STRUCTURE OF AGRICULTURE . FOR THE PURPOSE OF GRANTING AID AS COMPENSATION FOR THE EFFECTS OF THE EFFECTS OF THE REVALUATION , THIS NATURE JUSTIFIES THE FEDERAL REPUBLIC OF GERMANY IN GIVING PRIORITY TO THE SECTORS OF THE AGRICULTURAL ECONOMY WHICH SUFFERED MOST DIRECTLY LOSSES OF INCOME AS A RESULT OF THE REVALUATION , THAT IS TO SAY THE SECTORS CONCERNED WITH WORKING THE SOIL . SINCE SUCH PREFERENCE IS NOT ARBITRARY IT CANNOT BE REGARDED AS DISCRIMINATION BETWEEN PRODUCERS PROHIBITED BY THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY .

3 . NEITHER THE EEC TREATY NOR ARTICLE 1 OF REGULATION NO 2464/69 OF THE COUNCIL NOR THE COUNCIL DECISION OF 21 JANUARY 1974 , WHICH WAS NOTIFIED TO THE FEDERAL REPUBLIC OF GERMANY AND EXTENDS AND AMENDS ARTICLE 1 ( 3 ) OF THE SAID REGULATION , FORBADE THAT MEMBER STATE TO EXCLUDE INDUSTRIAL CALF FATTENERS FROM THE AID REFERRED TO IN THE REGULATION .