NEITHER MEMBER STATES NOR AGENCIES ON WHICH THEY HAVE CONFERRED POWERS ARE ENTITLED TO CREATE ADVANTAGES FOR THE MARKETING OF NATIONAL PRODUCTS AS AGAINST THOSE OF OTHER MEMBER STATES BY MEANS OF FINANCIAL MACHINERY SUCH AS THE GRANT OF BONUSES .
16 THE SAME CONSIDERATION APPLIES TO EXPORTS TO NON-MEMBER COUNTRIES SINCE ARTICLE 15 OF REGULATION NO 2759/75 , SO AS TO ENSURE THAT COMMUNITY PRODUCTS ARE COMPETITIVE ON THE WORLD MARKET , PROVIDES FOR THE PAYMENT TO PRODUCERS OF AN EXPORT REFUND WHICH , IN THE WORDS OF PARAGRAPH ( 2 ) OF THAT ARTICLE , MUST BE ' ' THE SAME FOR THE WHOLE COMMUNITY ' ' . THAT PROVISION PREVENTS MEMBER STATES FROM CONFERRING A SPECIAL ADVANTAGE ON THEIR PRODUCERS BY GRANTING THEM AN EXPORT BONUS IN ADDITION TO ANY REFUND WHICH MAY BE RECEIVED IN PURSUANCE OF THE REGULATION AT THE RISK OF THUS DISTORTING CONDITIONS OF COMPETITION BETWEEN COMMUNITY PRODUCERS ON EXTERNAL MARKETS .
17 IT THEREFORE APPEARS THAT THE PAYMENT OF A BONUS FOR THE MARKETING OF BACON OR OTHER PRODUCTS COMING UNDER THE COMMON ORGANIZATION OF THE MARKET , WHICH ARE INTENDED FOR OTHER MEMBER STATES OR FOR EXPORT OUTSIDE THE COMMUNITY , AS PROVIDED BY THE SYSTEM PRACTISED IN IRELAND UNDER THE AUTHORITY OF THE PBC , IS IN ITSELF INCOMPATIBLE WITH THE RULES OF THE COMMON MARKET UNDER THE PROVISIONS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS AND MORE PARTICULARLY UNDER THE PROVISIONS OF REGULATION NO 2759/75 .
18 MOREOVER THE SYSTEM PRACTISED BY THE PBC IS INCOMPATIBLE WITH THE PROVISIONS OF REGULATION NO 2759/75 BY REASON OF THE DIFFERENCE IN TREATMENT FOR WHICH IT PROVIDES BETWEEN PRODUCERS ACCORDING TO WHETHER OR NOT THEY MAKE USE OF THE INTERMEDIARY OR THE PBC TO EFFECT THE SALE OF THEIR PRODUCTS IN OTHER MEMBER STATES OR TO EXPORT THEM TO NON-MEMBER COUNTRIES . AS THE COURT HAS EMPHASIZED IN ITS JUDGMENT OF 29 NOVEMBER 1978 , THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , LIKE THE OTHER COMMON ORGANIZATIONS , IS BASED ON THE CONCEPT OF AN OPEN MARKET TO WHICH EVERY PRODUCER HAS FREE ACCESS AND THE FUNCTIONING OF WHICH IS REGULATED SOLELY BY THE INSTRUMENTS PROVIDED FOR BY THAT ORGANIZATION . A FISCAL DEVICE BY VIRTUE OF WHICH A CENTRAL MARKETING AGENCY IS ALLOWED TO CHARGE A LEVY ON ALL BACON PRODUCERS AND TO RESERVE THE BENEFIT OF A BONUS FOR THE MARKETING OF CERTAIN QUALITIES OF THAT PRODUCT SOLELY TO PRODUCERS WHO AGREE TO EFFECT THEIR SALES THROUGH THE INTERMEDIARY OF THE SAME AGENCY CONSTITUTES AN INTERFERENCE WITH THE LIBERTY WHICH IS GUARANTEED TO ALL TRADERS IN THE COMMON MARKET TO AVAIL THEMSELVES DIRECTLY AND WITHOUT THEREBY SUFFERING ANY ECONOMIC DISADVANTAGE OF THE FACILITIES OF PRODUCTION , IMPORT AND EXPORT WHICH ARE GUARANTEED BY THE COMMON ORGANIZATION OF THE MARKET .
19 IT FOLLOWS FROM THE FOREGOING THAT A SYSTEM SUCH AS THAT PRACTISED BY THE PBC IN IRELAND IN REALITY CONFLICTS IN TWO SEPARATE WAYS