37 OF THE TREATY IS A SPECIFIC PROVISION AIMING NOT AT THE ABOLITION BUT THE ADJUSTMENT OF STATE MONOPOLIES OF A COMMERCIAL CHARACTER ON THE ONE HAND SO AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES ( ARTICLE 37 ( 1 )) AND ON THE OTHER HAND TO ENSURE RESPECT FOR THE OBLIGATION ON MEMBER STATES TO REFRAIN IN THE MANAGEMENT AND ADJUSTMENT OF A COMMERCIAL MONOPOLY FROM INTRODUCING ANY NEW MEASURE WHICH IS CONTRARY TO THE PRINCIPLES LAID DOWN IN PARAGRAPH 1 OR WHICH RESTRICTS THE SCOPE OF THE ARTICLES DEALING WITH THE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES ( ARTICLE 37 ( 2 )).
28THE RULES CONTAINED IN ARTICLE 37 ( 1 ) AND ( 2 ) CONCERN ONLY ACTIVITIES INTRINSICALLY CONNECTED WITH THE SPECIFIC BUSINESS OF THE MONOPOLY AND ARE IRRELEVANT TO NATIONAL PROVISIONS WHICH HAVE NO CONNEXION WITH SUCH SPECIFIC BUSINESS .
29THE QUESTION RAISED RELATES TO A COMMERCIAL MONOPOLY SPECIFICALLY CONCERNED WITH THE OBLIGATION ON NATIONAL PRODUCERS OF CERTAIN ALCOHOL TO MAINTAIN PRODUCTION OF SUCH ALCOHOL WITHIN THE LIMITS OF ANNUAL QUOTAS FIXED BY THE PUBLIC AUTHORITY AND TO DELIVER THEIR PRODUCTION ONLY TO THE MONOPOLY WITH THE CORRESPONDING OBLIGATION ON THE MONOPOLY TO BUY THE SAID PRODUCTS AT OFFICIALLY FIXED PRICES .
30IT FOLLOWS FROM THE NATIONAL CHARACTER OF THE COMMERCIAL MONOPOLIES REFERRED TO IN ARTICLE 37 AND THE POSSIBILITY OF MAINTAINING THEM AFTER ADJUSTMENT IN ACCORDANCE WITH THE SAME PROVISION THAT THE FACT THAT THE OBLIGATION TO DELIVER TO THE MONOPOLY AND THE CORRESPONDING OBLIGATION ON IT TO PURCHASE CONCERNS ONLY NATIONAL ALCOHOL CANNOT BE REGARDED AS DISCRIMINATION WITHIN THE MEANING OF ARTICLE 37 ( 1 ) NOR AS A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 37 ( 2 ). HOWEVER THE PROHIBITION ON ANY DISCRIMINATION BETWEEN THE NATIONALS OF MEMBER STATES REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED PREVENTS A DISTINCTION FROM BEING MADE BETWEEN THE SAME KIND OF NATIONALLY PRODUCED ALCOHOL ACCORDING TO WHETHER IT HAS BEEN OBTAINED FROM THE DISTILLATION OF NATIONAL RAW MATERIAL OR ON THE CONTRARY BY THE DISTILLATION OF RAW MATERIAL ORIGINATING IN ANOTHER MEMBER STATE .
31THIS IS ALL THE MORE SO WHEN AS A RESULT OF THE SYSTEM GOVERNING THE MONOPOLY THE AUTHORITIES OF THE MEMBER STATE ARE ENTITLED TO FIX ANNUALLY THE QUANTITIES OF ALCOHOL WHICH MAY BE PRODUCED AND WHICH MUST BE DELIVERED TO THE MONOPOLY .
32THE APPROPRIATE ANSWER TO THE QUESTION RAISED BY THE NATIONAL COURT IS THEREFORE :
( A ) A NATIONAL PROVISION PROHIBITING THE DISTILLATION , FOR THE PURPOSE OF MANUFACTURING PRODUCTS RESERVED TO A NATIONAL COMMERCIAL MONOPOLY , OF RAW MATERIALS COMING FROM OTHER MEMBER STATES CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY AND A DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED