OF THE PROCEEDINGS AND THE JUDGMENT .
3 THE QUESTION WAS RAISED IN THE COURSE OF LITIGATION REGARDING DECISIONS BY WHICH THE COMPETENT NATIONAL INTERVENTION AGENCY REQUIRED THE REPAYMENT BY THE DAIRIES CONCERNED OF ALL SPECIAL AIDS RECEIVED BY THEM IN RESPECT OF SKIMMED MILK SUPPLIED TO CERTAIN FARMERS .
4 WITH A VIEW TO PROMOTING MILK CONSUMPTION , ARTICLE 10 OF REGULATION NO 804/68 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 ) PROVIDED FOR THE GRANTING OF AID FOR SKIMMED MILK PRODUCED IN THE COMMUNITY AND USED AS ANIMAL-FEED . THE ESSENTIAL RULES FOR THE PAYMENT OF THAT AID WERE LAID DOWN BY REGULATION NO 986/68 OF THE COUNCIL OF 15 JULY 1968 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 260 ).
5 THAT AID SYSTEM , WHICH WAS INITIALLY UNIFORM , WAS SUBDIVIDED BY COUNCIL REGULATION NO 876/77 , LAYING DOWN GENERAL RULES FOR GRANTING AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS FEED ( OFFICIAL JOURNAL 1977 , L 106 , P . 24 ). PURSUANT TO THAT REGULATION , SKIMMED MILK USED FOR FEEDING CALVES CONTINUED TO QUALIFY FOR THE AID AVAILABLE SINCE 1968 , WHILE A HIGHER AID , KNOWN AS ' ' SPECIAL AID ' ' , WAS ESTABLISHED FOR SKIMMED MILK USED FOR FEEDING ANIMALS OTHER THAN CALVES . THE GRANTING OF THAT ADDITIONAL BENEFIT WAS JUSTIFIED BY THE FACT THAT , WHEREAS FRESH SKIMMED MILK WAS IN ANY EVENT TRADITIONALLY USED FOR FEEDING CALVES , IT WAS NECESSARY TO PROVIDE A SPECIAL INCENTIVE TO ENSURE THAT SKIMMED MILK WAS ALSO USED IN LARGER QUANTITIES FOR FEEDING OTHER ANIMALS , IN PARTICULAR PIGS .
6 THE EXISTENCE SINCE 1977 OF TWO LEVELS OF AID LAID THE SYSTEM OPEN TO THE RISK OF ABUSE . IN PARTICULAR , ON FARMS KNOWN AS MIXED FARMS , THAT IS TO SAY THOSE ON WHICH CALVES AS WELL AS PIGS OR OTHER ANIMALS FOR SLAUGHTER ARE REARED , THERE MIGHT BE A TENDENCY TO OBTAIN SKIMMED MILK UNDER THE PARTICULARLY FAVOURABLE CONDITIONS GOVERNING THE SPECIAL AID AND TO USE THAT MILK FOR REARING CALVES . COMMISSION REGULATION NO 2793/77 OF 15 DECEMBER 1977 ON DETAILED RULES OF APPLICATION FOR GRANTING SPECIAL AID FOR SKIMMED MILK FOR USE AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES ( OFFICIAL JOURNAL 1977 , L 321 , P . 30 ) WAS INTENDED IN PARTICULAR TO COUNTER THAT RISK .
7 ARTICLE 3 OF THAT REGULATION PROVIDES THAT THE SPECIAL AID IS TO BE GRANTED TO A DAIRY ONLY IF THE FOLLOWING CONDITIONS ARE SATISFIED :
( I ) THE SKIMMED MILK MUST BE COVERED BY AN UNDERTAKING ON THE PART OF THE FARMER . IN THAT REGARD , THE DAIRY CONCERNED MUST PRODUCE A DOCUMENT IN WHICH THE FARMER UNDERTAKES TO COMPLY WITH THE CONDITIONS LAID DOWN