Keywords

Summary



Keywords

1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - SCOPE - QUESTION OF JURISDICTION ARISING WITHIN THE NATIONAL JUDICIAL SYSTEM - ANSWER DEPENDS ON THE DEFINITION OF A LEGAL SITUATION BASED ON COMMUNITY LAW - UTILITY OF A PRELIMINARY RULING

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - CO-RESPONSIBILITY LEVY - NATURE - MEASURE TO STABILIZE THE MARKET

( COUNCIL REGULATION NO 1079/77 , ART . 5 ; COMMISSION REGULATION NO 1822/77 )

3.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - CO-RESPONSIBILITY LEVY - FIXING - CALCULATION BY REFERENCE TO THE TARGET PRICE FOR MILK - PERMISSIBLE

( EEC TREATY , ART . 40 ( 3 ), 3RD PARA ; COUNCIL REGULATION NO 1079/77 , ART . 2 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - CO-RESPONSIBILITY LEVY IN THE MILK SECTOR - DETERMINED ON THE BASIS OF OBJECTIVE RULES FORMULATED TO MEET THE NEEDS OF THE COMMON ORGANIZATION OF THE MARKET - DIFFERENT EFFECTS ON DIFFERENT PRODUCERS - NO DISCRIMINATION

( EEC TREATY , ART . 40 ( 3 ), 2ND PARA .)

Summary

1 . IT IS FOR THE LEGAL SYSTEM OF EACH MEMBER STATE TO DETERMINE WHICH COURT HAS JURISDICTION TO HEAR DISPUTES INVOLVING INDIVIDUAL RIGHTS DERIVED FROM COMMUNITY LAW , BUT AT THE SAME TIME THE MEMBER STATES ARE RESPONSIBLE FOR ENSURING THAT THOSE RIGHTS ARE EFFECTIVELY PROTECTED IN EACH CASE . SUBJECT TO THAT RESERVATION , IT IS NOT FOR THE COURT TO INTERVENE IN ORDER TO RESOLVE ANY QUESTIONS OF JURISDICTION WHICH MAY ARISE , WITHIN THE NATIONAL JUDICIAL SYSTEM , AS REGARDS THE DEFINITION OF CERTAIN LEGAL SITUATIONS BASED ON COMMUNITY LAW . HOWEVER , WHERE THE DEFINITION OF SUCH A SITUATION UNDER NATIONAL LAW DEPENDS ON THE WAY IN WHICH IT IS DEFINED UNDER COMMUNITY LAW , THE NATIONAL COURT SHOULD BE INFORMED , IN A PRELIMINARY RULING , OF THE RULES OF COMMUNITY LAW WHICH MAY HELP TO SOLVE THE PROBLEM OF JURISDICTION WITH WHICH IT IS FACED .

2.COMMUNITY LAW REQUIRES THAT THE CO-RESPONSIBILITY LEVY INTRODUCED BY COUNCIL REGULATION NO 1079/77 AND REGULATED IN DETAIL BY COMMISSION REGULATION NO 1822/77 BE DEFINED , IN VIEW OF ITS FUNCTION OF STABILIZING THE MARKET , AS ONE OF THE INTERVENTION MEASURES PROVIDED BY THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS AND BY REFERENCE TO ITS ECONOMIC PURPOSE . THE FACT THAT IT IS USED DIRECTLY TO COVER CERTAIN EXPENSES INCURRED IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKET AND IS NOT INCLUDED IN THE COMMUNITY ' S ' OWN RESOURCES ' DOES NOT AFFECT THE WAY IN WHICH IT IS THUS DEFINED .

3 . IT IS WHOLLY COMPATIBLE WITH ARTICLE 40 ( 3 ) OF THE TREATY , WHICH PROVIDES THAT ANY COMMON PRICE POLICY IN THE FRAMEWORK OF THE MARKET ORGANIZATION ' SHALL BE BASED ON COMMON CRITERIA AND UNIFORM METHODS OF CALCULATION ' , FOR THE CO-RESPONSIBILITY LEVY IN THE MILK SECTOR TO BE DETERMINED ON THE BASIS OF THE CENTRAL UNIT OF VALUE IN THE COMMON ORGANIZATION OF THE MARKET , NAMELY THE TARGET PRICE FOR MILK , WHICH IS FIXED BY REFERENCE TO A STANDARD TYPE OF MILK ACCEPTED AS TYPICAL OF COMMUNITY PRODUCTION .

4.THE FACT THAT THE INTRODUCTION OF THE CO-RESPONSIBILITY LEVY UNDER THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS 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 IF THE LEVY IS DETERMINED ON THE BASIS OF OBJECTIVE RULES , FORMULATED TO MEET THE NEEDS OF THE GENERAL COMMON ORGANIZATION OF THE MARKET .