CONDITIONS , THE MEMBER STATES WERE EMPOWERED TO ADOPT AND MAINTAIN RULES SUCH AS THE NETHERLANDS RULES IN QUESTION .
21 THAT ARGUMENT CANNOT BE UPHELD . THE COURT HAS CONSISTENTLY HELD THAT , ONCE THE COMMUNITY HAS ADOPTED REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET FOR CERTAIN PRODUCTS , THE MEMBER STATES MUST REFRAIN FROM ADOPTING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT ( JUDGMENT OF 26 JUNE 1979 IN CASE 177/78 PIGS AND BACON COMMISSION V MCCARREN AND COMPANY LIMITED ( 1979 ) ECR 2161 ). ARTICLES 15 AND 21 OF REGULATION NO 2772/75 REQUIRE MEMBER STATES TO REFRAIN FROM ADOPTING ANY RULES AUTHORIZING THE AFFIXING OF ANY MARKS OR INDICATIONS ON EGGS AND THEIR PACKAGING OTHER THAN THOSE PROVIDED FOR IN THAT REGULATION . IT IS QUITE CLEAR FROM REGULATION NO 2772/75 , WITHOUT ITS BEING NECESSARY TO ASCERTAIN WHETHER THE MEMBER STATES HAVE RETAINED THE POWER , AFTER THE ADOPTION OF THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS , TO ADOPT RULES REGARDING THE CONDITIONS IN WHICH HENS ARE KEPT , THAT THE MEMBER STATES NO LONGER HAD ANY POWER TO REGULATE MARKINGS ON EGGS OR THEIR PACKAGING INDICATING SUCH INFORMATION .
22 THE ARGUMENT OF THE NETHERLANDS GOVERNMENT THAT THE NETHERLANDS SYSTEM SERVED AS THE MODEL FOR THE PROVISIONS ADOPTED BY THE COMMISSION IN REGULATION NO 1943/85 AND THAT THEREFORE THE NETHERLANDS LEGISLATION WAS RETROACTIVELY ENDORSED BY THE COMMUNITY LEGISLATURE MUST ALSO BE REJECTED .
23 IT IS TRUE THAT IN REGULATION NO 1831/84 THE COUNCIL AUTHORIZED THE USE OF INDICATIONS ON PACKS CONCERNING THE TYPE OF FARMING AND THE ORIGIN OF THE EGGS IN ACCORDANCE WITH THE RULES LAID DOWN UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 17 OF REGULATION NO 2771/75 ( ARTICLE 1 ( 5 )). PURSUANT TO THAT PROVISION AND IN VIEW OF THE FACT THAT ARTICLE 21 ( C ) OF REGULATION NO 2772/75 , AS AMENDED BY REGULATION NO 1831/84 , PROVIDES THAT INDICATIONS CONCERNING THE TYPE OF FARMING AND THE ORIGIN OF THE EGGS MAY BE USED ONLY IN ACCORDANCE WITH RULES ADOPTED AT THE COMMUNITY LEVEL , IN REGULATION NO 1943/85 , THE COMMISSION AUTHORIZED THE USE OF THE INDICATION ' SCHARRELEIEREN ' ON EGG PACKS WHERE THE APPROPRIATE CONDITIONS WERE MET . HOWEVER , IT IS CLEAR FROM THE FOURTH RECITAL OF THE PREAMBLE TO REGULATION NO 1943/85 AND FROM THE COMMISSION ' S EXPLANATIONS IN ITS WRITTEN AND ORAL OBSERVATIONS THAT THOSE AMENDMENTS COULD NOT BE MADE UNTIL INDICATIONS REGARDING THE METHOD BY WHICH EGGS WERE PRODUCED AND THEIR ORIGIN HAD BEEN STANDARDIZED AT THE COMMUNITY LEVEL . IN THOSE CIRCUMSTANCES , THE FACT THAT CERTAIN ELEMENTS OF NATIONAL LEGISLATION APPEAR IN REGULATION NO 1943/85 PROVIDES NO RETROACTIVE JUSTIFICATION FOR SUCH LEGISLATION WHICH WAS ADOPTED IN BREACH OF COMMUNITY LAW .
24 THE ANSWER TO THE QUESTION RAISED BY THE NATIONAL COURT THEREFORE MUST BE THAT REGULATION NO 2772/75 , IN THE VERSION IN FORCE UNTIL AMENDED