AID FOR SKIMMED MILK AND THE AID FOR SKIMMED-MILK POWDER MAY NOT BE BASED ON THE PARTICULAR POSITION OF CERTAIN UNDERTAKINGS OR GROUPS OF UNDERTAKINGS CONCERNED BUT MUST STEM FROM THE SECTOR CONCERNED AS A WHOLE AND FROM A COMPREHENSIVE ASSESSMENT OF THE RELATIONSHIPS SUBSISTING IN THE COMMON MARKET BETWEEN THE ONE PRODUCT AND THE OTHER .
3 . ARTICLE 2 ( 1)(A ) OF REGULATION NO 986/68 DOES NOT REQUIRE THAT A MAXIMUM PRICE MUST ALWAYS BE FIXED FOR SKIMMED MILK SOLD BY DAIRIES TO FARMS WHICH USE IT AS FEED WHENEVER THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER IS FIXED IN SUCH A MANNER THAT SKIMMED MILK BENEFITS FROM A RELATIVELY LARGER AID THAN THAT GRANTED FOR SKIMMED-MILK POWDER . THE FACT THAT COMMISSION REGULATION NO 1049/78 DOES NOT PROVIDE FOR THE FIXING OF SUCH A PRICE DOES NOT THEREFORE AFFECT THE VALIDITY OF THAT REGULATION .
4 . THE STATEMENT OF THE REASONS UPON WHICH A REGULATION IS BASED MUST BE REGARDED AND ASSESSED IN THE CONTEXT OF THE BODY OF LEGISLATION OF WHICH THAT MEASURE FORMS AN INTEGRAL PART . THEREFORE , THE REQUIREMENTS OF ARTICLE 190 OF THE EEC TREATY ARE SATISFIED IF AN IMPLEMENTING REGULATION CONTAINS AN EXPLICIT REFERENCE TO PROVISIONS OF THE BASIC REGULATION AND THUS ALLOWS RECOGNITION OF THE CRITERIA WHICH WERE TAKEN INTO ACCOUNT WHEN THE REGULATION WAS ADOPTED .
Parties
IN CASE 35/80
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN ( ADMINISTRATIVE COURT OF LAST INSTANCE IN MATTERS OF TRADE AND INDUSTRY ), THE HAGUE , FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
DENKAVIT NEDERLAND BV , VOORTHUIZEN ,
SUPPORTED BY :
VERENIGING VAN NEDERLANDSE MENGVOEDERFABRIKANTEN , THE HAGUE ,
FACHVERBAND DER FUTTERMITTELINDUSTRIE EV , HAMBURG ,
SYNDICAT NATIONAL DES INDUSTRIELS DE L ' ALIMENTATION ANIMALE , PARIS ,
INTERVENERS ,
AND
PRODUKTSCHAP VOOR ZUIVEL ( DAIRY BOARD ), RIJSWIJK ,
Subject of the case
ON THE INTERPRETATION OF REGULATION NO 986/68 OF THE COUNCIL OF 15 JULY 1968 AND THE VALIDITY OF ARTICLE 1 OF COMMISSION REGULATION ( EEC ) NO 1049/78 OF 19 MAY 1978 ,
Grounds
1 BY JUDGMENT OF 22 JANUARY 1980 , WHICH WAS RECEIVED AT THE COURT ON 28 JANUARY 1980 , THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN SUBMITTED TO THE COURT , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , SEVERAL QUESTIONS ON THE INTERPRETATION OF REGULATION NO 986/68 OF THE COUNCIL OF 15 JULY 1968 LAYING DOWN GENERAL RULES FOR GRANTING AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS FEED ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 260 ) AND ON THE VALIDITY OF COMMISSION REGULATION NO 1049/78 OF 19 MAY 1978 FIXING , FOR THE 1978/79 MILK YEAR , THE AMOUNT OF THE AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER FOR USE AS FEED ( OFFICIAL JOURNAL 1978 , L