THE CONSIDERATION IS NOT DISPROPORTIONATE TO THE COST OF THE SUPERVISORY SYSTEM IN QUESTION .
37THE NATIONAL COURT ASKS THE FOLLOWING FOURTH QUESTION :
' ' DOES RESERVATION TO THE PUBLIC AUTHORITIES OF THE RIGHT TO PREPARE AND DISTRIBUTE LABELS , AND MAKING THE ISSUE THEREOF SUBJECT TO THE PAYMENT OF A SUM IN EXCESS OF THEIR COST , RESULT IN DISCRIMINATION ON GROUNDS OF NATIONALITY WHICH IS PROHIBITED IN ACCORDANCE WITH ARTICLE 7 OF THE EEC TREATY?
' '
38IN RESPECT OF THIS QUESTION , WHICH RAISES THE PROBLEM OF WHETHER THE ITALIAN LEGISLATION IS IN CONFLICT WITH THE PRINCIPLE OF NON-DISCRIMINATION ENSHRINED IN ARTICLE 7 OF THE EEC TREATY , IT SHOULD BE OBSERVED THAT THAT LEGISLATION IS NOT APPLICABLE ON THE BASIS OF THE NATIONALITY OF THE TRADERS , BUT ON THE BASIS OF THE LOCATION OF THE AUTHORIZED PACKING CENTRES , WHETHER THE BUSINESS IS CARRIED ON BY ITALIAN OR NON-ITALIAN TRADERS .
39IT SHOULD BE NOTED THAT ACCORDING TO THE INFORMATION CONTAINED IN THE FILE ON THE CASE , THE MAJORITY OF MEMBER STATES HAVE ADOPTED SYSTEMS ACCORDING TO WHICH THE PRICE OF THE LABELS AND THE COSTS OF THE SUPERVISION - WHERE SUCH OPERATIONS ARE NOT ENTRUSTED TO THE PUBLIC AUTHORITIES - ARE NEVERTHELESS CHARGED TO THE OPERATORS OF AUTHORIZED PACKING CENTRES .
40FROM THESE FACTORS IT FOLLOWS THAT A PRINCIPLE SUCH AS THAT ON WHICH THE RELEVANT ITALIAN LEGISLATION IS BASED DOES NOT CONSTITUTE DISCRIMINATION ON GROUNDS OF NATIONALITY AND THEREFORE DOES NOT INFRINGE ARTICLE 7 OF THE TREATY .
41THE FOLLOWING FIFTH QUESTION IS ASKED :
' ' IN ANY CASE MUST REGULATION ( EEC ) NO 2771/75 OF THE COUNCIL , IN PARTICULAR ARTICLE 2 THEREOF , AND REGULATIONS ( EEC ) NOS 2772/75 OF THE COUNCIL AND 95/69 OF THE COMMISSION BE INTERPRETED TO MEAN THAT A NATIONAL PROVISION LAYING DOWN ADDITIONAL AND SPECIAL CONDITIONS AS COMPARED WITH THOSE CONDITIONS CONTAINED IN THE SAID REGULATIONS MAY DISTURB THE PROPER FUNCTIONING OF THE ORGANIZATION OF THE MARKET IN EGGS AND IN PARTICULAR THE PROPER OBSERVANCE , AND ACCORDINGLY THE CORRECT APPLICATION AND OPERATION , OF MARKETING STANDARDS?
' '
42THE ANSWER TO THIS QUESTION IS ALREADY INCLUDED IN THE ANSWERS TO THE PRECEDING QUESTIONS , IN PARTICULAR TO THE THIRD QUESTION .
43TO BE MORE PRECISE , IN THE ABSENCE OF EXPRESS PROVISIONS ON THE COMPATIBILITY WITH THE ORGANIZATION OF THE MARKET ESTABLISHED BY REGULATION ( EEC ) NO 2771/75 , IN PARTICULAR ARTICLE 2 THEREOF , AND REGULATIONS ( EEC ) NOS 2772/75 AND 95/69 , OF NATIONAL RULES ADOPTED FOR THE IMPLEMENTATION OF THOSE REGULATIONS , IT IS NECESSARY TO SEEK THE SOLUTION TO THE QUESTION ASKED IN THE LIGHT OF THE AIMS AND OBJECTIVES OF THE REGULATIONS WITHIN THE CONTEXT OF THE PRINCIPLES LAID DOWN BY THE TREATY ITSELF .
44THE CHARACTERISTIC FEATURE OF THE ORGANIZATION OF THE MARKET IN EGGS IS COMPLIANCE WITH THE COMMON RULES ON COMPETITION AND THE INTRODUCTION OF COMMON QUALITY STANDARDS , HAVING