BROUGHT OUT CLEARLY IN HIS JUDGMENT OF 19 SEPTEMBER 1977 THE DOUBTS WHICH HE FELT AS TO THE CLASSIFICATION OF THE SCHEME IN QUESTION , HAVING REGARD TO THE PROVISIONS OF COMMUNITY LAW , AND HE HAS SHOWN THAT THE SOLUTION OF THIS PRELIMINARY QUESTION MUST DEPEND UPON THE CHOICE TO BE MADE BETWEEN THE VARIOUS PROVISIONS WHICH HAVE BEEN RELIED UPON BY THE PARTIES .
28THE QUESTIONS CONTAINED IN THE LETTER OF 10 MARCH 1978 WERE CLEARLY INSPIRED BY THE BOARD ' S CONTENTION BEFORE THE COURT OF APPEAL , BELFAST , THAT THE RESIDENT MAGISTRATE HAS NOT PROPERLY EXERCISED HIS DISCRETION WITH REGARD TO THE LEGAL QUESTIONS RAISED AND THE NECESSITY OF REFERRING THEM TO THE COURT OF JUSTICE .
29IN ANY EVENT A COMPARISON WITH THE JUDGMENT OF 19 SEPTEMBER 1977 SHOWS THAT THE PURPOSE OF THE SUPPLEMENTARY QUESTIONS IS MERELY TO EXPLAIN AND RENDER MORE PRECISE THE QUESTIONS PREVIOUSLY SUBMITTED .
30IT IS THUS APPROPRIATE TO READ THE TWO SERIES OF QUESTIONS TOGETHER SO AS TO EXTRACT THE PROBLEMS OF INTERPRETATION RAISED IN THE CONTEXT OF THE PROSECUTION BEFORE THE RESIDENT MAGISTRATE .
31AS REGARDS THE DIFFICULTY MANTIONED BY THE UNITED KINGDOM GOVERNMENT OF IDENTIFYING WITHIN THE BROAD COMPLEX OF QUESTIONS RAISED BY THE RESIDENT MAGISTRATE THOSE WHICH ARE TO BE CONSIDERED AS DECISIVE , IT HAS NOT SEEMED POSSIBLE TO THE COURT TO GIVE A PRIOR INDICATION AT THE REQUEST OF ONE OF THE PARTIES TO THESE PROCEEDINGS WITHOUT INCURRING THE RISK OF SEEMING TO COMMIT ITSELF TO A DEFINITE POSITION IN ADVANCE OF A FINAL JUDGMENT AND , WHAT IS MORE , WITHOUT COMPROMISING THE OTHER PARTIES ' OPPORTUNITIES TO PUT THEIR CASE .
THE CLASSIFICATION OF THE PIGS MARKETING SCHEME UNDER THE PROVISIONS , OF THE TREATY AND SECONDARY LEGISLATION
32AS A PRELIMINARY THE RESIDENT MAGISTRATE WISHES TO OBTAIN ALL NECESSARY FACTORS WHICH MAY ENABLE HIM TO INTERPRET COMMUNITY LAW AND TO CLASSIFY THE PIGS MARKETING SCHEME UNDER THE PROVISIONS OF THE TREATY AND SECONDARY LEGISLATION WITH A VIEW TO IDENTIFYING THOSE PROVISIONS WHICH WILL ENABLE HIM TO DELIVER A JUDGMENT AS REGARDS THE COMPATIBILITY OF THE SCHEME WITH COMMUNITY LAW .
33THREE POSSIBILITIES ARE ENVISAGED IN THIS RESPECT , FIRST THAT THE PIGS MARKETING SCHEME AND ITS ADMINISTERING BODY , THE BOARD , ARE TO BE CONSIDERED AS A ' ' STATE MONOPOLY OF A COMMERCIAL CHARACTER ' ' WITHIN THE MEANING OF ARTICLE 37 OF THE TREATY - SO THAT ITS ACTIVITIES WOULD BE EXEMPTED , AT LEAST UNTIL 31 DECEMBER 1977 , BY VIRTUE OF ARTICLE 44 OF THE ACT OF ACCESSION FROM THE APPLICATION OF THE PROVISIONS OF THE TREATY WITH REGARD TO QUANTITATIVE RESTRICTIONS - OR SECONDLY AS AN ' ' UNDERTAKING ' ' WITH THE CONSEQUENCE THAT THE PROVISIONS OF THE TREATY WITH REGARD TO COMPETITION ARE APPLICABLE SUBJECT , HOWEVER , TO ANY SPECIAL PRIVILEGES WHICH MIGHT ARISE FROM ARTICLE 90 , OR , FINALLY , THAT IT IS A ' ' NATIONAL MARKET ORGANIZATION '