THAT FINANCIAL BURDENS MAY BE IMPOSED ON MEMBER STATES ONLY IN THE EVENT OF AN INFRINGEMENT OF CLEAR AND UNAMBIGUOUS FINANCIAL PROVISIONS;
( C ) INFRINGEMENT OF THE SYSTEM OF LEGAL PROTECTION AFFORDED BY THE EEC TREATY AND IN PARTICULAR ARTICLE 169 THEREOF IN THE FORM OF MISUSE OF POWER .
3 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS OF THE CASE, THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
4 THE FIRST SUBMISSION MADE BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY IS ESSENTIALLY THAT THE PROVISIONS GOVERNING CATCH QUOTAS ARE NOT INTENDED TO REGULATE THE MARKET AND DO NOT CONSTITUTE RULES RELATING TO FINANCING AND EXPENDITURE OF THE COMMON ORGANIZATION OF THE MARKETS IN THE FISHERY PRODUCTS SECTOR . THUS THEY ARE NOT "COMMUNITY RULES" WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 729/70 AND IT IS NOT POSSIBLE TO REFUSE TO CHARGE THE CONTESTED EXPORT REFUNDS TO THE FUND .
5 THE COMMISSION CONTENDS THAT COMMUNITY CONSERVATION MEASURES IN RELATION TO FISHING ARE PART OF THE COMMUNITY RULES UNDER THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS WITHIN THE MEANING OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 . SUCH MEASURES OBTAINED IN 1981 AND REFUNDS GRANTED IN BREACH OF THE RELEVANT PROVISIONS OF COMMUNITY LAW MAY NOT BE CHARGED TO THE FUND .
6 ACCORDING TO ARTICLES 1, 2 AND 3 OF REGULATION NO 729/70 THE GUARANTEE SECTION OF THE FUND IS INTENDED TO FINANCE REFUNDS ON EXPORTS TO THIRD COUNTRIES AND INTERVENTION INTENDED TO STABILIZE THE AGRICULTURAL MARKETS UNDERTAKEN "IN ACCORDANCE WITH THE COMMUNITY RULES WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS ".
7 THE COURT HAS CONSISTENTLY HELD ( SEE THE JUDGMENT OF 7 FEBRUARY 1979 IN CASE 11/76 KINGDOM OF THE NETHERLANDS V COMMISSION (( 1979 )) ECR 245 THAT THOSE PROVISIONS PERMIT THE COMMISSION TO CHARGE TO THE FUND ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUMS PAID, AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS . THAT STRICT INTERPRETATION OF THE CONDITIONS UNDER WHICH EXPENDITURE IS TO BE BORNE BY THE FUND IS NECESSARY, MOREOVER, IN VIEW OF THE AIMS OF REGULATION NO 729/70 . IN FACT IF THE COMMON AGRICULTURAL POLICY IS TO BE APPLIED IN A MANNER WHICH ENSURES EQUALITY BETWEEN TRADERS IN THE MEMBER STATES THE NATIONAL AUTHORITIES OF A MEMBER STATE MAY NOT, BY THE EXPEDIENT OF A WIDE INTERPRETATION OF A GIVEN PROVISION, FAVOUR TRADERS IN THAT STATE TO THE DETRIMENT OF THOSE IN OTHER STATES WHERE A STRICTER INTERPRETATION IS APPLIED .
8 IT IS COMMON GROUND THAT DURING THE