OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION .
THAT IS NOT THE CASE WHERE A PROVISION LAYS DOWN THE MINIMUM STANDARDS FOR ENCLOSURES FOR FATTING CALVES , WITHOUT MAKING ANY DISTINCTION AS TO WHETHER THE ANIMALS OR THEIR MEAT ARE INTENDED FOR THE NATIONAL MARKET OR FOR EXPORT .
4 . THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET PURSUANT TO ARTICLE 40 OF THE TREATY DOES NOT HAVE THE EFFECT OF EXEMPTING AGRICULTURAL PRODUCERS FROM ANY NATIONAL PROVISIONS INTENDED TO ATTAIN OBJECTIVES OTHER THAN THOSE COVERED BY THE COMMON ORGANIZATION , EVEN THOUGH SUCH PROVISIONS MAY , BY AFFECTING THE CONDITIONS OF PRODUCTION , HAVE AN IMPACT ON THE VOLUME OR COST OF NATIONAL PRODUCTION AND THEREFORE ON THE OPERATION OF THE COMMON MARKET IN THE SECTOR CONCERNED . THE PROHIBITION OF ANY DISCRIMINATION BETWEEN THE PRODUCERS IN THE COMMUNITY , LAID DOWN IN ARTICLE 40 ( 3 ), REFERS TO THE OBJECTIVES PURSUED BY THE COMMON ORGANIZATION AND NOT TO THE VARIOUS CONDITIONS OF PRODUCTION RESULTING FROM NATIONAL RULES WHICH ARE GENERAL IN CHARACTER AND PURSUE OTHER OBJECTIVES .
5 . AS COMMUNITY LAW STANDS AT PRESENT , THE GENERAL RULES ON THE FREE MOVEMENT OF GOODS AND ON THE COMMON ORGANIZATIONS OF THE MARKETS IN THE AGRICULTURAL SECTOR DO NOT PREVENT A MEMBER STATE FROM MAINTAINING OR INTRODUCING UNILATERAL RULES CONCERNING THE STANDARDS WHICH MUST BE OBSERVED IN THE INSTALLATION OF ENCLOSURES FOR FATTING CALVES WITH A VIEW TO PROTECTING THE ANIMALS AND WHICH APPLY WITHOUT DISTINCTION TO CALVES INTENDED FOR THE NATIONAL MARKET AND TO CALVES INTENDED FOR EXPORT .
Parties
IN JOINED CASES 141 TO 143/81
REFERENCES TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE KANTONGERECHT ( CANTONAL COURT ), APELDOORN , FOR A PRELIMINARY RULING IN THE SEPARATE ACTIONS INSTITUTED AGAINST -
1 . GERRIT HOLDIJK ,
2 . LUBBARTUS MULDER ,
3 . VEEVOEDERBEDRIJF ' ' ALPURO ' ' BV ,
Subject of the case
ON THE INTERPRETATION OF THE RELEVANT PROVISIONS OF COMMUNITY LAW IN ORDER TO ENABLE THAT COURT TO DECIDE WHETHER THE NETHERLANDS LEGISLATION REGARDING ENCLOSURES FOR FATTING CALVES IS COMPATIBLE WITH THOSE PROVISIONS ,
Grounds
1 BY THREE JUDGMENTS DELIVERED ON 21 MAY 1981 , WHICH WERE RECEIVED AT THE COURT ON 5 JUNE 1981 , THE KANTONGERECHT ( CANTONAL COURT ) APELDOORN REFERRED TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION FOR A PRELIMINARY RULING ON THE INTERPRETATION OF COMMUNITY LAW IN ORDER TO ENABLE IT TO JUDGE WHETHER THE PROVISIONS OF NETHERLANDS LAW ON ENCLOSURES FOR FATTING CALVES ARE COMPATIBLE WITH THAT LAW .
2 THE WORDING OF THE QUESTION WAS IDENTICAL IN THE THREE JUDGMENTS WHICH WERE DELIVERED IN CRIMINAL PROCEEDINGS AGAINST A FARMER ,