3.

In regard to the first point, the Commission observes first that all cheeses gain advantages of a general nature from the common organization of the market in milk products by benefiting from specific measures such as levies on imports, even though intervention prices were fixed only for two cheeses, Grana Padano and Parmigiano Reggiano. In the context of the common organization of the market in question, the Commission perceives a general relationship of dependence between the prices of cheeses and those of butter and powdered milk, two products for which intervention arrangements are provided. That relationship exists for all cheeses whether made from cow's or sheep's milk. Moreover, Roquefort and “blue” cheeses made from cow's milk are interdependent as regards their selling prices since the price of Roquefort varies according to variations in the prices of the other blue cheeses which are in competition with it. In support of the general relationship of dependence which it asserts, the Commission recalls the observations made by Mr Advocate General Roemer in his opinion delivered on 26 June 1973 in Case 5/73 Balkan-Import-Export GmbH [1973] ECR 1091. What was involved then was an examination of the dependence of the prices of cheese (and in particular of a Bulgarian cheese made from sheep's milk to which compensatory amounts had been applied on import) ön intervention prices for butter and skimmed-milk powder. The Advocate General stated inter alia: “For even if there is no close connexion between the price of cheese and the intervention prices mentioned, yet one cannot accept that there is no connexion at all. Indeed the intervention prices in respect of butter and skimmed-milk powder could at least guarantee minimum price levels for cheese” (p. 1131). That opinion was accepted by the Court. In its judgment of 24 October 1973 in the Balkan case it in fact recognized (at paragraph 39) the existence of a link between the price of cheese on the one hand and that of butter and skimmed-milk powder on the other hand, notably as regards threshold prices, by virtue of Regulations Nos 804/68 and 823/68 of the Council of 27 and 28 June 1968, respectively, which contain provisions determining the groups of products and the special provisions for calculating levies on milk and milk products. Then, more recently, the Court had another opportunity to attribute a broad interpretation to the concept of dependence adopted in Article 1 (2) of Regulation No 974/71. It stated, in fact, in its judgment of 3 May 1978 in Case 131/77 Milac [1978] ECR 1041 that “the price of a product depends ... on the price of a product covered by intervention arrangements under the common organization of agricultural markets, which is governed by the common organization of the markets, if the former price fluctuates appreciably owing to the incidence of variations in the latter price” (paragraph 5 of the decision). The two precedents appear to me to be decisive. However, the producers of Roquefort maintain that that cheese, in contrast to the cheese, also made from sheep's milk, to which the Balkan judgment related, has special characteristics which take it out of competition with other cheeses and the influence of the Community intervention machinery. The judgment of the Court making the reference itself also alludes to the specific characteristics of Roquefort cheese which are said to justify the doubt concerning the validity of the Community regulations by which payment of monetary compensatory amounts on export was laid down. It is in fact the case that Roquefort may be distinguished from other analogous products because it is made from sheep's milk. But that does not alter the fact that it belongs to the family oft “blue” cheeses (which are also defined: as “blue-veined cheese”) and that, from the point of view of the consumer, its belonging to that family constitutes its primary and fundamental characteristic. It thus does not appear to me to be correct that the product in question is removed from competition because it is unique. In the experience of the average consumer, the difference in taste compared with other blue cheeses is. not such as to make Roquefort irreplaceable. Then, in regard to prices, it is well known that Roquefort,, just because it is produced from sheep's milk, is traditionally more expensive (by some 30% at least), than other blue cheeses made from cow's milk. But what is of interest to us is the constant relationship between the prices of the one and the others. The table produced by the Commission, which has not been subject to any challenge in the course of the procedure, indicates that in the period between 1974 and 1978 the price of Roquefort fluctuated, both up and down, following a curve parallel to that of similar cheeses made from cow's milk, amongst which Bleu des Causses and Bleu d'Auvergne are the best known in France. The Roquefort producers have submitted that in France the price level for sheep's milk, which is significantly higher than that of cow's milk, is determined by the production of Roquefort, which constitutes its principal outlet. If that is true, the variations in the price of Roquefort must be regarded as produced by factors other than the price of sheep's milk and precisely by the trends in the market for blue cheeses produced from cow's milk. In fact, since the production of Roquefort is much more limited than that of similar cheeses made from cow's milk, it is necessary to hold that it is the prices of the latter which influence the price of Roquefort and not vice versa. It should be said finally that Roquefort, like the other blue cheeses of the Community, benefits at least indirectly from the protection which flows from the system of levies which are applicable to all blue-veined cheeses. In particular, it is protected against imports into the Community of such cheeses coming from the countries of Eastern Europe. I therefore share the Commission's view that, in the same way as other cheeses, Roquefort must be regarded as part of the market in milk products as a whole and that the price of Roquefort is included amongst those prices which have a relationship of dependence on the price of products subject to intervention arrangements in the framework of the common organization of the market in milk (butter and skimmed-milk powder).