THE AGRICULTURAL SPHERE .
9 . IN PRINCIPLE ANY TRADER WHO IS REQUIRED , BY THE LEGISLATION OF A MEMBER STATE , TO PAY A LEVY HAS THE RIGHT TO CLAIM THE REIMBURSEMENT OF THAT PART OF THE LEVY WHICH IS DEVOTED TO PURPOSES INCOMPATIBLE WITH COMMUNITY LAW . IT IS FOR THE NATIONAL COURT TO ASSESS , ACCORDING TO ITS NATIONAL LAW , IN EACH INDIVIDUAL CASE , WHETHER AND TO WHAT EXTENT THE LEVY PAID MAY BE RECOVERED AND IF SO WHETHER THERE MAY BE SET OFF AGAINST SUCH A DEBT THE SUMS PAID TO THE TRADER BY WAY OF A BONUS WHICH IS ALSO INCOMPATIBLE WITH COMMUNITY LAW .
Parties
IN CASE 177/78
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HIGH COURT OF IRELAND FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
PIGS AND BACON COMMISSION
AND
MCCARREN AND COMPANY LIMITED , AN UNDERTAKING CARRYING ON BUSINESS AS DEALERS IN PIGMEAT AND BACON CURERS HAVING ITS REGISTERED OFFICE IN CAVAN ,
Subject of the case
ON THE INTERPRETATION OF SEVERAL PROVISIONS OF THE EEC TREATY AND THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT REGARDING A LEVY ON PIGS SLAUGHTERED FOR BACON ,
Grounds
1 BY A JUDGMENT OF 30 JUNE 1978 , RECEIVED AT THE COURT OF JUSTICE ON 21 AUGUST 1978 , THE HIGH COURT OF IRELAND REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A NUMBER OF QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLES 92 AND 93 ON THE SUBJECT OF AIDS GRANTED BY STATES , OF ARTICLE 16 RELATING TO THE ABOLITION OF CUSTOMS DUTIES ON EXPORTS , OF ARTICLE 34 RELATING TO THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON EXPORTS , OF ARTICLE 37 OF THE TREATY IN CONJUNCTION WITH ARTICLE 44 OF THE ACT OF ACCESSION RELATING TO STATE MONOPOLIES , OF ARTICLE 40 OF THE TREATY AND OF REGULATION NO 2759/75 OF THE COUNCIL OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( OFFICIAL JOURNAL L 282 , P . 1 ) AND OF ARTICLES 85 AND 86 OF THE EEC TREATY . THESE QUESTIONS WERE RAISED IN THE CONTEXT OF AN ACTION BETWEEN THE PIGS AND BACON COMMISSION ( HEREINAFTER REFERRED TO AS ' ' THE PBC ' ' ), A PUBLIC BODY CARRYING OUT CERTAIN DUTIES IN THE FIELD OF REGULATING THE MARKET IN PIGMEAT AND , MORE PARTICULARLY , OF BACON MARKETING , ON THE ONE HAND , AND A BACON EXPORTER , MCCARREN & CO . LTD ., ON THE OTHER HAND , IN CONNEXION WITH THE IMPOSITION BY THE PBC OF A LEVY INTENDED TO SUBSIDIZE MARKETING OUTSIDE IRELAND , AND IN PARTICULAR IN THE UNITED KINGDOM , OF HIGH QUALITY BACON .
2 IT APPEARS FROM THE JUDGMENT REFERRING THE MATTER TO THE COURT THAT IRELAND CREATED AS LONG AGO AS 1935 , FOR THE PRODUCTION AND MARKETING