ON THE INTERPRETATION OF ARTICLE 40 ( 3 ) OF THE EEC TREATY AND OF VARIOUS PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 857/84 OF 31 MARCH 1984 ADOPTING GENERAL RULES FOR THE APPLICATION OF THE LEVY REFERRED TO IN ARTICLE 5C OF REGULATION ( EEC ) NO 804/68 IN THE MILK AND MILK PRODUCTS SECTOR ( OFFICIAL JOURNAL 1984 , L 90 , P . 13 ).
2 THE QUESTIONS WERE RAISED IN ACTIONS BROUGHT BY THREE DAIRIES , NAMELY THAT OF MRS KIPGEN , TRADING UNDER THE NAME LAITERIE EKABE , AT ESCHWEILER , ASSOCIATION AGRICOLE POUR LA PROMOTION DE LA COMMERCIALISATION LAITIERE PROCOLA , STOLZEMBOURG , AND ASSOCIATION AGRICOLE POUR LA PROMOTION DE LA COMMERCIALISATION LAITIERE CORELUX , BERDORF ( CASE 201/85 ), AND BY A MILK PRODUCER , SOCIETE CIVILE EXPLOITATION AGRICOLE DE NIEDERTERHAFF , BERTRANGE ( CASE 202/85 ), AGAINST THE SECRETAIRE D ' ETAT A L ' AGRICULTURE ET A LA VITICULTURE OF THE GRAND DUCHY OF LUXEMBOURG .
3 THEY BROUGHT THOSE ACTIONS FOR THE ANNULMENT OF VARIOUS ORDERS OF THE STATE SECRETARY FOR AGRICULTURE AND VITICULTURE LAYING DOWN THE REFERENCE QUANTITIES FOR THE PURPOSES OF THE APPLICATION OF THE COMMUNITY ARRANGEMENTS FOR THE ADDITIONAL LEVY ON MILK . IN SUPPORT OF THEIR CONCLUSIONS , THE APPLICANTS IN THE MAIN PROCEEDINGS ASSERT , AMONG OTHER THINGS , THAT THERE HAS BEEN A BREACH OF THE PROHIBITION OF DISCRIMINATION BETWEEN PRODUCERS AND PURCHASERS , AS LAID DOWN IN ARTICLE 40 ( 3 ) OF THE EEC TREATY , AND OF A NUMBER OF PROVISIONS OF THE COMMUNITY REGULATIONS ON THE ADDITIONAL LEVY ON MILK .
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE RELEVANT COMMUNITY RULES , THE LUXEMBOURG LEGISLATION IMPLEMENTING THOSE RULES AND THE OBSERVATIONS SUBMITTED BY THE APPLICANTS IN THE MAIN PROCEEDINGS AND BY THE LUXEMBOURG GOVERNMENT AND THE COMMISSION , WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
5 FOR THE PURPOSES OF ASSESSING THE COMPATIBILITY OF THE NATIONAL LEGISLATION WITH COMMUNITY LAW , THE LUXEMBOURG CONSEIL D ' ETAT STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ( 1 ) DOES ARTICLE 40 ( 3 ) OF THE TREATY OF ROME , WHICH PROVIDES THAT THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS IS TO EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS WITHIN THE COMMUNITY , PROHIBIT A MEMBER STATE FROM CHOOSING AS THE REFERENCE YEAR FOR THE DETERMINATION OF THE REFERENCE QUANTITY REFERRED TO IN ARTICLE 5C ( 1 ) OF REGULATION ( EEC ) NO 804/68 , PURSUANT TO ARTICLE 2 OF COUNCIL REGULATION ( EEC ) NO 857/74 , THE YEAR REFERRED TO IN ARTICLE 2 ( 1 ) OF REGULATION NO 857/84 , IF THAT CHOICE IN FACT HAS THE EFFECT OF ACCORDING AN ADVANTAGE TO A PURCHASER , AND HENCE TO MILK PRODUCERS MAKING DELIVERIES TO THAT PURCHASER , TO THE DETRIMENT OF