THE INTERPRETATION AND THE VALIDITY OF CERTAIN PROVISIONS OF REGULATIONS NO 685/69 AND NO 2517/74 OF THE COMMISSION CONCERNING PRIVATE STORAGE AID FOR BUTTER AND CREAM ,
Grounds
1BY AN ORDER DATED 13 JULY 1977 , RECEIVED AT THE COURT ON 25 JULY 1977 , THE HIGH COURT OF IRELAND HAS REFERRED TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY QUESTIONS CONCERNING THE INTERPRETATION OF REGULATION NO 685/69 OF THE COMMISSION OF 14 APRIL 1969 ON DETAILED RULES OF APPLICATION FOR INTERVENTION ON THE MARKET IN BUTTER AND CREAM ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1969 ( I ), P . 194 ), AND ON THE VALIDITY OF REGULATION NO 2514/74 OF THE COMMISSION OF 3 OCTOBER 1974 , WHICH ENTERED INTO FORCE ON 1 OCTOBER 1974 , AMENDING REGULATION NO 685/69 AS REGARDS THE ADJUSTMENT OF PRIVATE STORAGE AID FOR BUTTER TO TAKE ACCOUNT OF CHANGES IN THE BUYING-IN PRICE ( OFFICIAL JOURNAL 1974 , L 269 , P . 24 ).
2THESE QUESTIONS HAVE BEEN REFERRED IN THE CONTEXT OF PROCEEDINGS BROUGHT BY AN IRISH CO-OPERATIVE SOCIETY WITH LIMITED LIABILITY , CARRYING ON THE BUSINESS OF MARKETING MILK AND MILK PRODUCTS , AGAINST THE MINISTER FOR AGRICULTURE AND FISHERIES , WHO IS THE INTERVENTION AGENCY IN IRELAND FOR THE PURPOSES OF THE COMMON AGRICULTURAL POLICY .
3THE DISPUTE BETWEEN THE PARTIES CONCERNS THE AMOUNT OF AID WHICH SHOULD HAVE BEEN PAID FOR CERTAIN QUANTITIES OF BUTTER AND CREAM WHICH THE PLAINTIFF CO-OPERATIVE SOCIETY HAD STORED PRIVATELY , UNDER ARTICLE 6 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 ), AND WHICH HAD NOT YET BEEN REMOVED FROM STORAGE ON 7 OCTOBER 1974 .
4THE SAID CO-OPERATIVE SOCIETY CLAIMS THAT ALTHOUGH THE AMOUNT OF THE AID HAS BEEN REDUCED OWING TO THE NEW BUYING-IN PRICE FOR BUTTER EXPRESSED IN UNITS OF ACCOUNT LAID DOWN BY REGULATION NO 2469/74 OF THE COUNCIL OF 2 OCTOBER 1974 ( OFFICIAL JOURNAL 1974 , L 268 , P . 1 ) AS FROM 7 OCTOBER 1974 , THAT DOES NOT MEAN THAT THE SAID AMOUNT HAS BEEN AFFECTED BY THE ALTERATION OF THE REPRESENTATIVE EXCHANGE RATE FOR THE IRISH ' ' GREEN ' ' POUND ENACTED BY REGULATION NO 2498/74 OF THE COUNCIL OF 2 OCTOBER 1974 ( OFFICIAL JOURNAL 1974 , L 268 , P . 6 ) ALSO AS FROM 7 OCTOBER 1974 .
5ON THE OTHER HAND , THE INTERVENTION AGENCY CONTENDS THAT THE BUYING-IN PRICE FOR BUTTER IN IRELAND , AS APPLIED BEFORE 7 OCTOBER 1974 , HAS UNDERGONE A DOUBLE INCREASE , AS ITS LEVEL HAS BEEN RAISED BOTH IN UNITS OF ACCOUNT AND IN IRISH NATIONAL CURRENCY , THROUGH THE COMBINED EFFECT OF THE TWO COUNCIL REGULATIONS AFOREMENTIONED .
6IT CONTENDS THAT , OWING TO THAT INCREASE AND IN ACCORDANCE WITH THE SECOND PARAGRAPH OF