ORDER OF 16 SEPTEMBER 1981 TO JOIN THE THREE CASES FOR THE PURPOSES OF THE PROCEDURE AND THE JUDGMENT .
2 THE QUESTIONS WERE SUBMITTED IN CONNECTION WITH THREE ACTIONS BETWEEN THE BUNDESANSTALT FUR LANDWIRTSCHAFTLICHE MARKTORDNUNG ( FEDERAL OFFICE FOR THE ORGANIZATION OF AGRICULTURAL MARKETS ) AND THREE GERMAN UNDERTAKINGS WHICH IMPORT FROZEN BEEF AND VEAL FROM NON-MEMBER COUNTRIES .
3 REGULATION NO 2956/79 OPENED FOR 1980 A COMMUNITY TARIFF QUOTA FOR 50 000 TONNES OF FROZEN BONED OR BONELESS BEEF AND VEAL . ARTICLE 2 OF THE REGULATION ALLOCATES THAT QUANTITY BETWEEN THE MEMBER STATES AND ALLOTS THE FEDERAL REPUBLIC OF GERMANY A QUOTA SHARE OF 9 660 TONNES .
4 WHEREAS UNDER THE LEGISLATION IN FORCE UNTIL 1979 IN THE FEDERAL REPUBLIC OF GERMANY NATIONAL SHARES IN QUOTAS OPENED BY COMMUNITY REGULATIONS WERE ALMOST ENTIRELY RESERVED FOR UNDERTAKINGS WHICH HABITUALLY IMPORTED BEEF AND VEAL FROM NON-MEMBER COUNTRIES , A NEW SYSTEM OF ALLOCATION , INTRODUCED BY AN ORDER OF THE MINISTRY OF FINANCE OF 19 DECEMBER 1979 , PROVIDED THAT IN 1980 :
( A ) 75% OF THE GERMAN QUOTA SHARE WOULD BE ALLOCATED BETWEEN TRADERS ON THE BASIS OF THEIR IMPORTS AND 85% OF THAT AMOUNT WOULD BE RESERVED FOR IMPORTERS OF MEAT FROM NON-MEMBER COUNTRIES AND 15% FOR IMPORTERS OF MEAT FROM THE COMMUNITY ;
( B)A FURTHER QUANTITY OF 15% OF THE GERMAN QUOTA WOULD BE ALLOCATED ON THE BASIS OF EXPORTS TO COUNTRIES BOTH WITHIN AND OUTSIDE THE COMMON MARKET ;
( C)THE FINAL 10% OF THE GERMAN QUOTA WOULD BE ALLOCATED ACCORDING TO THE AMOUNTS OF BEEF AND VEAL PURCHASED FROM THE GERMAN INTERVENTION AGENCY ; AND
( D)THE REFERENCE YEARS IN EVERY CASE WOULD BE 1977 , 1978 AND 1979 .
5 AFTER THE INTRODUCTION OF THE NEW SYSTEM THE QUOTA SHARES OF THE UNDERTAKINGS WILL , TRAWAKO AND GEDELFI , WHICH AS HABITUAL IMPORTERS OF FROZEN BEEF AND VEAL FROM NON-MEMBER COUNTRIES HAD BEEN ALLOTTED PART OF THE GERMAN QUOTA SHARE IN PREVIOUS YEARS , WERE REDUCED BECAUSE THE NUMBER OF PARTICIPANTS HAD INCREASED . ALL THREE UNDERTAKINGS CONSIDERED THAT THE NEW SYSTEM DID NOT COMPLY WITH COMMUNITY LAW AND BROUGHT ACTIONS BEFORE THE VERWALTUNGSGERICHTSHOF ( ADMINISTRATIVE COURT ) FRANKFURT AM MAIN TO OBTAIN QUOTA CERTIFICATES FOR A QUANTITY GREATER THAN THAT WHICH THEY HAD BEEN ALLOTTED . THE HESSISCHER VERWALTUNGSGERICHTSHOF , TO WHICH THEY APPEALED AFTER THEIR ACTIONS HAD BEEN DISMISSED AT FIRST INSTANCE , SUBMITTED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' ' 1 . IS ARTICLE 3 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 2956/79 OF 20 DECEMBER 1979 OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL FALLING WITHIN SUBHEADING 02.01 A II ( B ) OF THE COMMON CUSTOMS TARIFF ( 1980 ) ( OFFICIAL JOURNAL 1979 , L 336 , P . 3 ) TO BE INTERPRETED AS MEANING THAT THE EQUAL TREATMENT OF THE