G . BOSCO, PRESIDENT OF CHAMBER, ACTING AS PRESIDENT, J.C . MOITINHO DE ALMEIDA ( PRESIDENT OF CHAMBER ), T . KOOPMANS, U . EVERLING, Y . GALMOT, C . KAKOURIS AND F . SCHOCKWEILER, JUDGES,
ADVOCATE GENERAL : J . MISCHO
REGISTRAR : B . PASTOR, ADMINISTRATOR
HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 15 OCTOBER 1987,
AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 24 NOVEMBER 1987,
GIVES THE FOLLOWING
JUDGMENT
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 20 AUGUST 1985 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT :
BY PROHIBITING THE IMPORTATION FROM OTHER MEMBER STATES OF PASTEURIZED MILK AND UNFROZEN PASTEURIZED CREAM, AND
BY REQUIRING THAT HEAT-TREATED CREAM AND MILK-BASED DRINKS ARE TO BE MANUFACTURED IN GREAT BRITAIN ONLY FROM MILK PRODUCED IN GREAT BRITAIN, AND IN NORTHERN IRELAND FROM MILK PRODUCED IN NORTHERN IRELAND,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY AND REGULATION ( EEC ) NO 804/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION, 1968 ( I ), P . 176 ).
2 THE PROVISIONS WHICH REQUIRED ONLY MILK FROM GREAT BRITAIN TO BE USED FOR THE PRODUCTION OF HEAT-TREATED CREAM AND MILK-BASED DRINKS, AND THE EQUIVALENT PROVISIONS APPLICABLE IN NORTHERN IRELAND, WERE REPEALED WITH EFFECT FROM 1 JUNE 1986 . ACCORDINGLY, THE COMMISSION DISCONTINUED THE PART OF ITS ACTION RELATING THERETO .
3 IT ONLY REMAINS THEREFORE TO GIVE JUDGMENT ON THE FIRST HEAD OF CLAIM MENTIONED ABOVE, WHICH RELATES MORE PARTICULARLY TO VARIOUS REGULATIONS CONCERNING THE IMPORTATION OF MILK, ADOPTED PURSUANT TO THE IMPORTATION OF MILK ACT, 1983 . THOSE REGULATIONS ( IMPORTATION OF MILK REGULATIONS, 1983, SI 1983, NO 1563; IMPORTATION OF MILK ( SCOTLAND ) REGULATIONS, 1983, SI 1983, NO 1546; IMPORTATION OF MILK REGULATIONS ( NORTHERN IRELAND ), 1983, SI 1983, NO 338 ) HAVE THE EFFECT OF PROHIBITING THE IMPORTATION, INTO ANY PART OF THE UNITED KINGDOM, OF PASTEURIZED MILK AND OF CREAM, UNLESS THE LATTER HAS BEEN FROZEN .
4 BY A LETTER DATED 2 FEBRUARY 1984, THE COMMISSION INFORMED THE UNITED KINGDOM THAT IT CONSIDERED THAT PROHIBITION TO BE CONTRARY TO ARTICLE 30 OF THE EEC TREATY AND THAT IT COULD NOT BE JUSTIFIED UNDER ARTICLE 36, AND IT ASKED THE UNITED KINGDOM TO SUBMIT ITS OBSERVATIONS WITHIN A PERIOD OF ONE MONTH . THE UNITED KINGDOM STATED IN REPLY THAT IT CONSIDERED THAT THE PROHIBITION WAS JUSTIFIED UNDER ARTICLE 36 AND ON 29 NOVEMBER 1984 THE COMMISSION DELIVERED THE REASONED OPINION PROVIDED FOR IN ARTICLE 169 OF THE TREATY . SINCE THE UNITED KINGDOM DID NOT TAKE THE NECESSARY MEASURES TO COMPLY WITH THAT OPINION, THE COMMISSION BROUGHT THE PRESENT ACTION