BE INTERPRETED AS MEANING THAT THERE HAS BEEN AN ABUSE BY THAT AGENCY OF THAT POSITION WHICH HAS AFFECTED TRADE BETWEEN MEMBER STATES BY REASON OF THE FACT THAT EXPORTS FROM FIRMS INDEPENDENTLY OF THE AGENCY ARE HINDERED OR RESTRICTED AND/OR BY REASON OF THE FACT THAT A BONUS ON EXPORTS IS ONLY PAID TO FIRMS WHO EXPORT THROUGH THE CENTRAL MARKETING AGENCY .
( C)IF THE ANSWERS TO ( A ) AND ( B ) ARE YES , IS THE LEVY WHICH IS PAID AS PART OF THE SYSTEM IRRECOVERABLE?
10.IF THE LEVY HEREINBEFORE REFERRED TO IS NOT LAWFULLY PAYABLE BY REASON OF THE OPERATION OF COMMUNITY LAW SHOULD A NATIONAL COURT IN CONSIDERING A CLAIM FOR A REFUND OF THE LEVY APPLY THE PRINCIPLES OF ITS NATIONAL LAWS OR THOSE OF THE COMMUNITY? IF COMMUNITY LAW IS APPLICABLE DO ITS PRINCIPLES JUSTIFY A CLAIM THAT PAYMENTS ACTUALLY MADE SHOULD BE REFUNDED , EITHER WITH OR WITHOUT A DEDUCTION IN RESPECT OF THE BONUS RECEIVED BY THE DEFENDANTS?
PRELIMINARY CONSIDERATIONS ON THE SCOPE OF THE QUESTIONS RAISED
9 CONSIDERATION OF THE QUESTIONS RAISED SHOWS THAT THEY CANNOT ALL BE SIMULTANEOUSLY DECISIVE FOR THE SOLUTION OF THE PROBLEM . IN THIS CONNEXION THE SITUATION BEFORE THE HIGH COURT IS NOT WITHOUT ANALOGY WITH THE ONE FORMING THE BASIS OF THE COURT ' S JUDGMENT OF 29 NOVEMBER 1978 IN CASE 83/78 ( PIGS MARKETING BOARD ( NORTHERN IRELAND ) V REDMOND , ( 1978 ) ECR 2347 ), WHERE THE NATIONAL COURT SUBMITTED TO THE COURT OF JUSTICE A PRELIMINARY QUESTION INQUIRING , AS A RESULT OF CONTRADICTORY VIEWS ADOPTED WITH REGARD TO A SIMILAR SITUATION BY THE PARTIES CONCERNED , WHAT THE DECISIVE COMMUNITY PROVISIONS IN THE MATTER WERE . IN THAT JUDGMENT THE COURT POINTED OUT THAT IN THE EVENT OF PROCEEDINGS RELATING TO AN AGRICULTURAL SECTOR GOVERNED BY A COMMON ORGANIZATION OF THE MARKET THE PROBLEM RAISED MUST FIRST BE EXAMINED FROM THAT POINT OF VIEW HAVING REGARD TO THE PRECEDENCE NECESSITATED BY ARTICLE 38 ( 2 ) OF THE EEC TREATY FOR THE SPECIFIC PROVISIONS ADOPTED IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY OVER THE GENERAL PROVISIONS OF THE TREATY RELATING TO THE ESTABLISHMENT OF THE COMMON MARKET .
10 THE APPLICATION OF THAT PRINCIPLE TO THIS CASE MEANS THAT FIRST OF ALL CONSIDERATION SHOULD BE GIVEN TO QUESTION 7 RELATING TO THE INTERPRETATION OF ARTICLE 40 OF THE TREATY AND OF REGULATION NO 2759/75 , WHICH MUST BE ASSOCIATED WITH QUESTIONS 4 AND 5 RELATING TO THE INTERPRETATION OF ARTICLES 16 AND 34 RESPECTIVELY OF THE TREATY . IN FACT , FOR THE REASONS EXPLAINED IN THE JUDGMENT REFERRED TO ABOVE ( PARAGRAPHS 52 TO 55 ), THE PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF TARIFF AND COMMERCIAL BARRIERS TO INTRA-COMMUNITY TRADE ARE TO BE REGARDED AS AN INTEGRAL PART OF THE COMMON ORGANIZATION OF THE MARKET .
11 THIS METHOD OF DEALING WITH THE QUESTIONS IS NECESSARY ALSO FROM ANOTHER POINT