986/68 OF THE COUNCIL DOES NOT REQUIRE THAT A MAXIMUM PRICE MUST ALWAYS BE FIXED FOR SKIMMED MILK SOLD BY DAIRIES TO FARMS WHICH USE IT AS FEED WHENEVER THE RELATIONSHIP BETWEEN THE AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER IS FIXED IN SUCH A MANNER THAT SKIMMED MILK BENEFITS FROM A RELATIVELY LARGER AID THAN THAT GRANTED FOR SKIMMED-MILK POWDER . THE FACT THAT COMMISSION REGULATION NO 1049/78 DOES NOT PROVIDE FOR THE FIXING OF SUCH A PRICE DOES NOT THEREFORE AFFECT THE VALIDITY OF THAT REGULATION .
FOURTH QUESTION
32 IN ITS FOURTH QUESTION THE NATIONAL COURT ASKS , FINALLY , WHETHER COMMISSION REGULATION NO 1049/78 SATISFIES THE OBLIGATION , LAID DOWN BY ARTICLE 190 OF THE TREATY , TO STATE THE REASONS UPON WHICH IT IS BASED .
33 THE STATEMENT OF THE REASONS UPON WHICH THIS REGULATION IS BASED MUST BE REGARDED AND ASSESSED IN THE CONTEXT OF THE BODY OF LEGISLATION OF WHICH THIS MEASURE FORMS AN INTEGRAL PART .
34 ARTICLE 2A ( 1 ) OF REGULATION NO 986/68 SETS FORTH THE RULES GOVERNING THE FIXING OF THE AID FOR SKIMMED MILK AND FOR SKIMMED-MILK POWDER FOR USE AS FEED .
35 THE FIRST RECITAL IN THE PREAMBLE TO COMMISSION REGULATION NO 1049/78 CONTAINS AN EXPRESS REFERENCE TO THAT PROVISION AND THUS ALLOWS RECOGNITION OF THE CRITERIA WHICH IT TAKES INTO ACCOUNT BOTH FOR THE FIXING OF THE AID FOR SKIMMED MILK AND FOR THE FIXING OF THE MARGIN TO BE MAINTAINED BETWEEN THAT AID AND THE AID FOR SKIMMED-MILK POWDER . THE SECOND RECITAL IN THE PREAMBLE TO THAT REGULATION STATES THAT THE AMOUNTS OF AID FIXED BY THE REGULATION FOLLOW FROM THE APPLICATION OF THOSE RULES ' ' TO THE PRESENT MARKET SITUATION ' ' .
36 PLACED THUS IN THE CONTEXT OF REGULATION NO 986/68 , WITHIN WHICH IT TAKES EFFECT , REGULATION NO 1049/78 SATISFIES THE REQUIREMENT , IMPOSED BY ARTICLE 190 OF THE TREATY , TO STATE THE REASONS UPON WHICH IT IS BASED .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE 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 ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN , THE HAGUE , BY JUDGMENT OF 22 JANUARY 1980 , HEREBY RULES :
1 . BY THE WORDS ' ' APPROPRIATE RELATIONSHIP ' ' THE SECOND SENTENCE OF ARTICLE 2A ( 3 ) OF REGULATION NO 986/68 OF THE COUNCIL DOES NOT REQUIRE THAT THE AID FOR SKIMMED MILK AND THAT FOR SKIMMED-MILK POWDER WHICH ARE INTENDED FOR ANIMAL FEED AND DO NOT COME WITHIN ARTICLE 2 (