DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION .
35 THE FINAL QUESTION ASKS WHETHER UNDER THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY, TAKEN TOGETHER WITH ARTICLE 5 AND REGULATIONS NOS 120/67 AND 136/66 IT IS PERMISSIBLE FOR MEMBER STATES TO ADOPT, IN THE FIELD OF PRICE CONTROL, PROVISIONS THE EFFECT OF WHICH IS TO DISCRIMINATE BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY .
36 THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) LAYS DOWN RULES WHICH MUST BE OBSERVED WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF THE MARKETS .
WITHOUT PREJUDICE TO THE POSSIBILITY OF APPLYING, BY ANALOGY, THIS PROVISION TO NATIONAL ORGANIZATIONS WHICH MAY CONTINUE TO EXIST IN CERTAIN SECTORS IN CONFORMITY WITH THE TREATY, THIS QUESTION, RELATING TO THE APPRAISAL OF NATIONAL PROVISIONS ADOPTED IN AREAS SUBJECT EXCLUSIVELY TO COMMUNITY LEGISLATION, IS IN THIS CASE WITHOUT ANY PURPOSE .
Decision on costs
37 THE COSTS INCURRED BY THE GOVERNMENT OF THE ITALIAN REPUBLIC AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE CRIMINAL PROCEEDINGS PENDING BEFORE THE PRETURA OF ROME, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
ON THOSE GROUNDS,
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRETURA OF ROME BY ORDER OF 26 APRIL 1974,
HEREBY RULES :
1 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET, AND ESPECIALLY WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM, MEMBER STATES CAN NO LONGER TAKE ACTION, THROUGH NATIONAL PROVISIONS TAKEN UNILATERALLY, AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION;
2 . A NATIONAL SYSTEM WHICH, BY FREEZING PRICES AND SUBJECTING THEIR ALTERATION TO ADMINISTRATIVE AUTHORIZATION, HAS THE EFFECT OF MODIFYING PRICE FORMATION AS PROVIDED FOR WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATIONS OF THE MARKET REFERRED TO, IS INCOMPATIBLE WITH REGULATION NO 120/67 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS AND WITH REGULATION NO 136/66 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS;
3 . REGULATIONS NOS 120/67 AND 136/66 ENSURE, IN THE MARKET SECTORS CONCERNED, AND WITH DIRECT EFFECT IN FAVOUR OF PRIVATE PERSONS, THE FREE MOVEMENT OF GOODS, IN PARTICULAR BY ELIMINATING QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT .