REGULATION , AND IN THE SECOND PLACE BECAUSE IF AND WHEN THE TARGET PRICE IS FIXED BY THOSE BODIES THIS IS TANTAMOUNT TO A GUIDELINE WHICH DOES NOT DEPRIVE THE NATIONAL LEGISLATURE OF THE POWER TO INTERVENE IN THE ACTUAL FIXING OF THE PRICE .
10 BY AN ORDER OF 28 NOVEMBER 1978 THE NATIONAL COURT STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
' ' DO COMMUNITY RULES , IN PARTICULAR REGULATION NO 804/68 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS READ TOGETHER WITH THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY , PREVENT THE ITALIAN STATE FROM CONFERRING BY LAW UPON ITS ADMINISTRATIVE AUTHORITIES POWER TO FIX THE PRODUCER PRICE FOR MILK EVEN IF THE COMMUNITY HAS NOT FIXED THE TARGET PRICE FOR MILK PURSUANT TO ARTICLE 3 OF REGULATION NO 804/68?
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11 AS EXPLAINED ABOVE ONE OF THE PRINCIPAL OBJECTIVES OF THAT ORGANIZATION IS TO ENSURE THAT MILK PRODUCERS CAN OBTAIN A PRICE FOR THAT PRODUCT IN THE REGION OF THE TARGET PRICE . THE MECHANISMS INSTITUTED BY THE REGULATION AND DESIGNED TO ACHIEVE THAT END , WHICH HAVE ALREADY BEEN DESCRIBED , ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMUNITY .
12 IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , A FORTIORI WHEN THAT ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS TAKEN UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AT THE PRODUCTION AND MARKETING STAGES ESTABLISHED UNDER THE COMMON ORGANIZATION . IT FOLLOWS THAT NATIONAL LEGISLATION DESIGNED TO PROMOTE AND ENCOURAGE , BY ANY METHOD , THE ESTABLISHMENT OF A UNIFORM PRODUCER PRICE FOR MILK , BY AGREEMENT OR BY AUTHORITY , AT THE NATIONAL OR REGIONAL LEVEL IS , BY ITS NATURE , OUTSIDE THE BOUNDS OF THE POWERS GIVEN TO MEMBER STATES AND RUNS CONTRARY TO THE PRINCIPLE ESTABLISHED BY REGULATION NO 804/68 , IN PARTICULAR ARTICLE 3 THEREOF , OF ATTAINING A TARGET PRODUCER PRICE FOR THE MILK SOLD BY COMMUNITY PRODUCERS DURING THE MILK YEAR ON THE COMMUNITY MARKET AND ON EXTERNAL MARKETS . IT SHOULD ALSO BE NOTED THAT THE ABSENCE OF SANCTIONS FOR FAILURE TO COMPLY WITH THE PRICE LAID DOWN IN ACCORDANCE WITH SUCH LEGISLATION DOES NOT AFFECT THE INCOMPATIBILITY OF THE LEGISLATION WITH THE COMMON ORGANIZATION OF THE MARKET .
13 IT SHOULD , HOWEVER , BE NOTED THAT THE PREMISE ON WHICH THE QUESTION WHICH HAS BEEN REFERRED TO THE COURT IS BASED , NAMELY THAT THE COMMUNITY DID NOT FIX THE TARGET PRICE FOR MILK FOR THE PERIOD IN QUESTION , DOES NOT REFLECT THE SITUATION WHICH EXISTED WITHIN THE COMMUNITY . IN FACT , EVEN THOUGH ACCORDING TO THE TERMS OF THE REGULATIONS IN FORCE THE PREVIOUS MILK YEAR HAD COME TO AN END ON 31 MARCH 1978 , THE TARGET PRICE WAS STILL APPLICABLE , IN ORDER TO AVOID