THE PURPOSE OF ENCOURAGING TRADE INITIATIVES WITH A VIEW TO IMPROVING THE QUALITY OF THE PRODUCTS AND OF PERFECTING THE ORGANIZATION OF PRODUCTION .
45BY NOT SEEKING TO REGULATE PRICES IN THE CONTEXT OF THAT ORGANIZATION THE COMMUNITY HAS NOT SOUGHT TO ACHIEVE UNIFORMITY OF PRICES .
46FROM THE GENERAL SYSTEM OF THE REGULATION IT IS CLEAR THAT WITH REGARD TO TRADE WITHIN THE COMMUNITY THE ORGANIZATION OF THE MARKET FOR THE PRODUCT IN QUESTION IS BASED ON FREEDOM OF COMMERCIAL TRANSACTIONS UNDER FAIR COMPETITIVE CONDITIONS , BY WAY OF AN IMPROVEMENT IN THE QUALITY OF THE PRODUCT .
47WHILST SUCH A SCHEME PRECLUDES THE ADOPTION OF ANY NATIONAL RULES WHICH MAY HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TRADE WITHIN THE COMMUNITY IT DOES NOT PRECLUDE THE ADOPTION OF NATIONAL RULES WHERE THE PRACTICAL APPLICATION OF THE SYSTEM ITSELF AND OF ITS DETAILED RULES HAS SPECIFICALLY BEEN ENTRUSTED TO THE MEMBER STATES , WHILE MAKING THEM RESPONSIBLE - AS THE ITALIAN LEGISLATURE HAS DONE , SUBJECT TO THE RESERVATION THAT THE AMOUNT OF THE CONSIDERATION CHARGED SHOULD BE JUSTIFIED - FOR ESTABLISHING A SYSTEM WHICH COMPLIES WITH THE AIMS AND OBJECTIVES OF THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS .
Decision on costs
COSTS
48THE COSTS INCURRED BY THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE COMMISSION , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
49AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRETURA DI VENASCA BY ORDER OF 7 MARCH 1978 , HEREBY RULES :
1 . REGULATION ( EEC ) NO 1619/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON MARKETING STANDARDS FOR EGGS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 489 ), REPLACED BY REGULATION ( EEC ) NO 2772/75 OF THE COUNCIL OF 29 OCTOBER 1975 ( OFFICIAL JOURNAL L 282 , P . 56 ), AND REGULATION ( EEC ) NO 95/69 OF THE COMMISSION OF 17 JANUARY 1969 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1969 ( I ), P . 7 ) MUST BE INTERPRETED TO MEAN THAT THE DISCRETIONARY POWER HELD BY THE MEMBER STATES BY VIRTUE OF THOSE REGULATIONS AUTHORIZES THEM TO ENTRUST EXCLUSIVELY TO THE PUBLIC AUTHORITIES THE PREPARATION AND DISTRIBUTION OF BANDS AND LABELS .
2 . IN THE ABSENCE OF ANY PROVISION IN THE COMMUNITY RULES RELATING TO THE MEANS OF FINANCING THE COSTS ARISING FROM THE SUPERVISION THE MEMBER STATES MAY MAKE THE ISSUE OF BANDS AND LABELS CONDITIONAL ON PAYMENT OF A CONSIDERATION IN RESPECT OF THAT SUPERVISION .
3 . IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER OR