ON THE IDEA THAT REGULATION NO 741/75 CONFERS POWERS UPON THE MEMBER STATES WHICH MUST BE EXERCISED ON CONDITIONS AND IN ACCORDANCE WITH PROCEDURES GOVERNED BY COMMUNITY LAW .
22WHILST IT IS TRUE THAT REGULATION NO 741/75 , IN EMPOWERING THE MEMBER STATES TO INTERVENE , CANNOT RELEASE THEM FROM THEIR DUTY TO OBSERVE THE PRINCIPLES AND GENERAL RULES OF THE COMMON AGRICULTURAL POLICY THE POSITION NEVERTHELESS REMAINS THAT IT CONSTITUTES A MERE ENABLING PROVISION SO FAR AS COMMUNITY LAW IS CONCERNED AND LEAVES A DETERMINATION OF THE CONDITIONS AND SPECIFIC PROCEDURES WHICH ARE NECESSARY FOR ACTION TO BE TAKEN TO THE LEGAL SYSTEM OF THE MEMBER STATE IN QUESTION .
23FROM THIS POINT OF VIEW THE SECOND PARAGRAPH OF ARTICLE 1 OF REGULATION NO 741/75 APPEARS AS A MERE EXTENSION OF THE POWER CONFERRED BY THE FIRST PARAGRAPH TO SITUATIONS IN WHICH THE DIFFICULTIES DO NOT CONCERN THE ALLOCATION AMONGST ' ' THE SELLERS OF BEET ' ' , BUT ALSO TO SITUATIONS , LIKE THAT WHICH IS AT THE ORIGIN OF THE DISPUTE IN THE MAIN ACTION , WHERE THE ALLOCATION MUST BE EFFECTED BETWEEN SELLERS OF BEET ON THE ONE HAND AND GROWERS WHO ARE MEMBERS OF A CO-OPERATIVE WHICH IS THE SUGAR MANUFACTURER ON THE OTHER HAND , WHICH WOULD NOT , ON A LITERAL READING , BE COVERED BY THE FIRST PARAGRAPH AS IT IS WORDED .
24IT FOLLOWS FROM WHAT HAS BEEN STATED CONCERNING THE MEANING OF THE REGULATION THAT THE SECOND PARAGRAPH IS NOT INTENDED TO LAY DOWN ANY COMMUNITY RULE AFFECTING THE LEGAL SITUATION OF SELLERS TO A CO-OPERATIVE WHO ARE NOT MEMBERS , AS AGAINST THOSE WHO ARE , BUT MUST BE INTERPRETED AS ABOLISHING THE COMMUNITY PROHIBITION ON THE ADOPTION BY THE MEMBER STATE CONCERNED IN ACCORDANCE WITH THE PROVISIONS OF ITS OWN LEGAL SYSTEM OF THE RULES AND DECISIONS NECESSARY TO PERMIT IT TO CARRY OUT AN ALLOCATION IN THE CASE REFERRED TO BY THE SAID REGULATION .
25IT IS CLEAR FROM THE FOREGOING THAT THE ANSWER TO THE QUESTIONS SUBMITTED MUST BE THAT ARTICLE 1 OF REGULATION ( EEC ) NO 741/75 OF THE COUNCIL OF 18 MARCH 1975 LAYING DOWN SPECIAL RULES FOR THE PURCHASE OF SUGAR-BEET ( OFFICIAL JOURNAL L 74 , P . 2 ) IS INTENDED TO EMPOWER THE MEMBER STATES HAVING REGARD TO IMPEDIMENTS WHICH MIGHT RESULT FROM COMMUNITY POWERS , TO PROCEED IN CONFORMITY WITH THEIR NATIONAL LAW TO ALLOCATE DELIVERY RIGHTS FOR BEET WITHIN THE BASIC QUOTA LIMITS OF THE SUGAR MANUFACTURER CONCERNED WHEN THE CONDITION SET OUT IN ARTICLE 1 OF THE REGULATION IS FULFILLED .
Decision on costs
COSTS
26THE COSTS INCURRED BY THE DANISH GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
27AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT ,