THAT FACT ALONE BE DISCRIMINATORY WITHIN THE MEANING OF THAT ARTICLE .
18THE POSITION MIGHT BE DIFFERENT IF IT WERE ESTABLISHED THAT IMPORTED SUGAR WAS OR WAS NOT SUBJECT TO CHARGES ACCORDING ONLY TO WHETHER IT WAS HELD IN STOCK BY PRODUCERS OR ON THE OTHER HAND BY OTHER TRADERS .
19HOWEVER , THE QUESTION DOES NOT CONTAIN ANY INFORMATION ON THIS POINT , WHILST THE WORDING OF QUESTION 3 INDICATES THAT THAT IS NOT THE SITUATION REFERRED TO .
20THE QUESTION IS THEREFORE TOO GENERAL TO LEND ITSELF TO A SUITABLE REPLY .
21AS TO QUESTION 3 , IT SEEKS TO OBTAIN CLARIFICATION OF THE RULING WHICH THE COURT LAID DOWN IN ITS AFORESAID JUDGMENT OF 25 MAY 1977 .
22PARAGRAPH 1 OF THE OPERATIVE PART OF THAT JUDGMENT IS IN THE FOLLOWING TERMS :
' ' A DUTY FALLING WITHIN A GENERAL SYSTEM OF INTERNAL TAXATION APPLYING TO DOMESTIC PRODUCTS AS WELL AS TO IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA CAN CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS ONLY IF IT HAS THE SOLE PURPOSE OF FINANCING ACTIVITIES FOR THE SPECIFIC ADVANTAGE OF THE TAXED DOMESTIC PRODUCT , IF THE TAXED PRODUCT AND THE DOMESTIC PRODUCT BENEFITING FROM IT ARE THE SAME , AND IF THE CHARGES IMPOSED ON THE DOMESTIC PRODUCT ARE MADE GOOD IN FULL . ' '
23THE NATIONAL COURT OBVIOUSLY WONDERED WHETHER THE FACT THAT A MEASURE ' ' IS IMPOSED EXCLUSIVELY ON SUGAR PRODUCED IN THE COMMUNITY WHICH IS IN ITALY ON 5 JULY 1978 ' ' AND NOT ' ' ON HOME-PRODUCED SUGAR HELD IN STOCK BY NATIONAL INDUSTRIAL PRODUCERS ON THAT DATE ' ' IS SUCH AS TO BRING THAT MEASURE WITHIN ARTICLE 12 OF THE TREATY .
24IN THIS CONNEXION IT MUST AGAIN BE POINTED OUT THAT THE FACT THAT A MEASURE APPLIES TO A PRODUCT , NOT AT THE PRODUCTION STAGE BUT ONLY AT DIFFERENT STAGES OF ITS MARKETING , DOES NOT NECESSARILY MAKE THE MEASURE DISCRIMINATORY WITHIN THE MEANING OF THE JUDGMENT CITED .
25IN PRINCIPLE SUGAR PRODUCED IN THE COMMUNITY WHICH IS HELD IN ITALY WILL BE AT THE STAGE OF MARKETING OF THE PRODUCT , WHEREAS HOME-PRODUCED SUGAR HELD IN STOCK BY A PRODUCER MAY BE REGARDED AS STILL BEING AT THE PRODUCTION STAGE .
26SINCE THIS QUESTION HAS NOT RAISED ANY ISSUES GIVING GROUNDS FOR CLARIFYING OR SUPPLEMENTING THE OPERATIVE PART OF THE JUDGMENT CITED , IT SHOULD BE ANSWERED IN IDENTICAL TERMS .
27AS TO QUESTION 4 , THE ANSWER DEPENDS PRIMARILY UPON A CONSIDERATION OF THE WORDING AND THE RULES FOR THE IMPLEMENTATION OF THE MEASURE AT ISSUE AND UPON AN ASSESSMENT OF THOSE TWO FACTORS WITHIN THE FRAMEWORK OF THE NATIONAL LEGAL SYSTEM .
28THE QUESTION THEREFORE RAISES A PROBLEM OF THE APPLICATION RATHER THAN A QUESTION OF THE INTERPRETATION OF COMMUNITY LAW .
29IN THESE CIRCUMSTANCES , THE ANSWER MUST BE CONFINED TO MERE REPETITION OF THE LAST SENTENCE OF PARAGRAPH 2 , OF