134 , P . 26 ).
2 THOSE QUESTIONS HAVE BEEN RAISED IN THE CONTEXT OF A DISPUTE BETWEEN A MANUFACTURER OF COMPOUND ANIMAL FEEDINGSTUFFS AND THE PRODUKTSCHAP VOOR ZUIVEL , WHICH IS THE NATIONAL INTERVENTION BODY IN THE NETHERLANDS ENTRUSTED WITH IMPLEMENTING THE COMMUNITY SYSTEM OF AIDS FOR MILK . THE DISPUTE IS CONCERNED WITH THE AMOUNT OF THE AID FOR SKIMMED-MILK POWDER GRANTED TO THE SAID MANUFACTURER BY THAT BODY IN RESPECT OF THE QUANTITY OF THAT PRODUCT USED BETWEEN 1 AND 15 DECEMBER 1978 .
3 THE NATIONAL PROVISIONS APPLIED IN THE PRESENT CASE BY THE PRODUKTSCHAP VOOR ZUIVEL ARE BASED ON COMMISSION REGULATION NO 1049/78 OF 19 MAY 1978 FIXING THE AMOUNT OF THE AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS FEED . ARTICLE 1 OF THAT REGULATION FIXED THE AMOUNT OF AID TO BE APPLIED AS FROM 22 MAY 1978 AT 43 UNITS OF ACCOUNT PER 100 KILOGRAMS FOR SKIMMED-MILK POWDER AND 4.40 UNITS OF ACCOUNT PER 100 KILOGRAMS FOR SKIMMED MILK . THE POWER TO FIX THE AID FOR SKIMMED MILK AND FOR SKIMMED-MILK POWDER WAS IN FACT CONFERRED UPON THE COMMISSION BY REGULATION NO 662/74 OF THE COUNCIL OF 28 MARCH 1974 ( OFFICIAL JOURNAL 1974 , L 85 , P . 51 ) WHICH EXTENDED TO THE FIXING OF THESE AIDS THE PROCEDURE KNOWN AS THE ' ' MANAGEMENT COMMITTEE PROCEDURE ' ' PROVIDED FOR IN ARTICLE 30 OF REGULATION NO 804 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 176 ).
4 THE AFOREMENTIONED MANUFACTURER APPEALED AGAINST THE DECISION OF THE PRODUKTSCHAP VOOR ZUIVEL AWARDING IT THE SAID AID ON THE GROUND , IN PARTICULAR , THAT THAT DECISION WAS BASED UPON A REGULATION WHICH CONTRAVENED REGULATION NO 986/68 OF THE COUNCIL BY PROVIDING FOR A HIGHER LEVEL OF AID FOR LIQUID SKIMMED MILK THAN FOR SKIMMED-MILK POWDER , LACKED AN ADEQUATE STATEMENT OF THE REASONS UPON WHICH IT WAS BASED AND ENTAILED DISCRIMINATION IN BREACH OF THE TREATY .
5 IT IS IN ORDER TO DECIDE THIS ISSUE RELATING TO THE VALIDITY OF COMMISSION REGULATION NO 1049/78 THAT THE NATIONAL COURT BEFORE WHICH THE APPEAL WAS BROUGHT HAS SUBMITTED TO THE COURT OF JUSTICE IN THE PRESENT REFERENCE QUESTIONS RELATING TO THE INTERPRETATION OF REGULATION NO 986/68 OF THE COUNCIL .
FIRST QUESTION
6 IN ITS FIRST QUESTION THE NATIONAL COURT ASKS THE COURT OF JUSTICE WHETHER THE WORDS ' ' APPROPRIATE RELATIONSHIP ' ' , WHICH OCCUR IN THE SECOND SENTENCE OF ARTICLE 2A ( 3 ) OF REGULATION NO 986/68 , REQUIRE THAT THE AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER MUST IN EVERY CASE BE FIXED ACCORDING TO THE CRITERION WHICH IS SET FORTH IN ARTICLE 2 ( 1)(D ) OF THAT REGULATION AND WHICH IS BASED ON OBSERVANCE OF THE RELATIONSHIP WHICH EXISTS BETWEEN ONE KILOGRAM