Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - MATTERS COVERED - MILK FEED PRODUCTS FOR CALVES HAVING A HIGH MILK-POWDER CONTENT - INCLUSION

( REGULATION NO 804/68 OF THE COUNCIL , ART . 1 )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITION

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 ( 2 ) ( A ) AND ( B ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRICE FORMATION - NATIONAL MEASURES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA - ASSESSMENT - COMPETENCE OF THE NATIONAL COURT

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - NATIONAL RULES FREEZING PRICES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA

( REGULATION NO 804/68 OF THE COUNCIL )

5 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICE SYSTEMS - PRICE FREEZING - NOT PERMISSIBLE - CRITERIA

( EEC TREATY , ART . 30 )

6 . COMPETITION - COMMUNITY RULES - ARTICLE 85 OF THE TREATY - MATTERS COVERED - NATIONAL PRICE RULES - EXCLUSION

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . MILK-FEED PRODUCTS FOR CALVES HAVING A HIGH MILK-POWDER CONTENT AND OTHERWISE CONTAINING OTHER AGRICULTURAL PRODUCTS , THE MAJORITY OF WHICH ARE COVERED BY REGULATION NO 804/68 OF THE COUNCIL , ARE MILK PRODUCTS WITHIN THE MEANING OF ARTICLE 1 OF THAT REGULATION AND ARE , AS SUCH , COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ESTABLISHED BY THAT REGULATION .

2 . IT IS CLEAR FROM ARTICLE 1 ( 2 ) ( A ) AND ( B ) OF REGULATION NO 974/71 THAT THE FACT THAT AGRICULTURAL PRODUCTS ARE SUBJECT TO A COMMON ORGANIZATION OF THE MARKET IS NOT A CONSEQUENCE OF THE APPLICATION TO THEM OF THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS ESTABLISHED BY THAT REGULATION , BUT ON THE CONTRARY IS IN PRINCIPLE ONE OF THE CONDITIONS PRECEDENT FOR THE APPLICATION OF THAT SYSTEM .

3 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET - EVEN MORE SO WHEN THAT ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM - MEMBER STATES CAN NO LONGER INTERFERE THROUGH NATIONAL PROVISIONS TAKEN UNILATERALLY IN THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION . HOWEVER , THE PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION ESTABLISHING A PRICE SYSTEM WHICH IS APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE THE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES , ON CONDITION THAT THEY DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION .

IN EVERY CASE IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER THE NATIONAL MEASURES TAKEN IN RELATION TO PRICES WHICH IT IS CALLED UPON TO CONSIDER PRODUCE SUCH EFFECTS AS TO MAKE THEM INCOMPATIBLE WITH THE COMMUNITY PROVISIONS ON THE MATTER . IN THAT CONNEXION THE PARTICULAR NATURE OF THE ORGANIZATION OF THE MARKETS IN THE SECTOR IN QUESTION MUST BE TAKEN INTO ACCOUNT .

4 . THE CONSTITUENT ELEMENTS OF THE COMMON ORGANIZATION ESTABLISHED BY REGULATION NO 804/68 SHOW IT TO BE BASED UPON A SYSTEM OF COMMUNITY PRICES WHICH ARE CLOSELY LINKED TO ONE ANOTHER . THE PROPER FUNCTIONING OF THE ORGANIZATION PRESUPPOSES THAT NONE OF THOSE PRICES SHALL BE DISTORTED , AS REGARDS THE CONDITIONS UNDER WHICH THEY ARE FORMED , BY THE EFFECT OF MEASURES ADOPTED UNILATERALLY BY A MEMBER STATE .

THEREFORE THAT REGULATION MUST BE INTERPRETED AS PROHIBITING NATIONAL RULES IMPOSING A PRICE FREEZE AT THE DISTRIBUTION STAGE FOR MILK-FEED PRODUCTS FOR CALVES COMING UNDER THE COMMON ORGANIZATION OF THE MARKET IN QUESTION WHERE THE APPLICATION OF SUCH RULES ENDANGERS THE OBJECTIVES OR THE FUNCTIONING OF THAT ORGANIZATION , IN PARTICULAR OF ITS PRICE RULES .

5 . ALTHOUGH PRICE-FREEZE RULES APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS DO NOT IN THEMSELVES CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , THEY MAY HAVE SUCH AN EFFECT , HOWEVER , WHEN PRICES ARE FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS . THAT IS IN PARTICULAR THE CASE OF NATIONAL PRICE-FREEZE RULES WHICH , BY PREVENTING INCREASES IN THE PRICES OF IMPORTED PRODUCTS FROM BEING PASSED ON IN SELLING PRICES , FREEZE PRICES AT SUCH A LOW LEVEL THAT , HAVING REGARD TO THE GENERAL SITUATION OF IMPORTED PRODUCTS COMPARED TO THAT OF DOMESTIC PRODUCTS , DEALERS WISHING TO IMPORT THE PRODUCTS IN QUESTION INTO THE MEMBER STATE CONCERNED CAN DO SO ONLY AT A LOSS OR , IN THE LIGHT OF THE LEVEL OF THE FROZEN PRICES OF NATIONAL PRODUCTS , ARE INDUCED TO GIVE PREFERANCE TO THE LATTER .

6 . HAVING REGARD TO ITS MATERIAL SPHERE OF APPLICATION , ARTICLE 85 OF THE EEC TREATY DOES NOT RELATE TO NATIONAL PRICE-FREEZE RULES .

IF THE APPLICATION OF SUCH RULES BY A MEMBER STATE TO PRODUCTS SUBJECT TO A COMMON ORGANIZATION OF THE MARKET CONTRAVENES THE PRINCIPLE LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 5 OF THE TREATY BY JEOPARDIZING THE OBJECTIVES OR THE FUNCTIONING OF THAT COMMON ORGANIZATION THE ASSESSMENT OF THE COMPATIBILITY OF THOSE RULES WITH COMMUNITY LAW DOES NOT DEPEND ON THE PROVISIONS OF ARTICLE 85 OF THE TREATY BUT RATHER ON THE PROVISIONS GOVERNING THE SAID ORGANIZATION .