CORRECTLY POINTS OUT , THE OBJECTIVE TO WHICH THAT AID IS DIRECTED MAY BE ACHIEVED BY SELLING THE PRODUCT TO USERS AT THE LOWEST POSSIBLE PRICE , THAT IS TO SAY AT A PRICE LOWER THAN THAT WHICH COULD BE OBTAINED IF THERE WERE NO COMMUNITY AID AND IN ANY EVENT AT A PRICE NOT HIGHER THAN THAT OF THE SAME MILK INTENDED FOR ANOTHER USE .
55 IN THIS CASE , HOWEVER , IT APPEARS FROM WHAT THE UNITED KINGDOM HAS SAID THAT THE PRICE OF LIQUID SKIMMED MILK FOR USE AS ANIMAL FEED IS SET BY THE JOINT COMMITTEE IN THE LIGHT OF THE HIGHEST PRICE WHICH LIVESTOCK FARMERS , IN PARTICULAR PIG FARMERS , ARE PREPARED TO PAY , HAVING REGARD TO THE PRICE OF COMPETING FEEDSTUFFS .
56 THE UNITED KINGDOM ITSELF THUS RECOGNIZES THAT THE SYSTEM WHICH IT APPLIES PREVENTS THE COMMUNITY AID FROM ACHIEVING ITS OBJECTIVE , WHICH IS TO ENSURE THE LOWEST POSSIBLE PRICE FOR LIQUID SKIMMED MILK FOR USE AS ANIMAL FEED . UNDER THAT SYSTEM THE SOLE EFFECT OF THE COMMUNITY AID IS TO ALLOW DAIRIES TO SELL LIQUID SKIMMED MILK NOT AT THE LOWEST PRICE POSSIBLE BUT AT THE HIGHEST PRICE FARMERS ARE WILLING TO PAY HAVING REGARD TO THE PRICES OF COMPETING FEEDSTUFFS .
57 IT FOLLOWS THAT THE REDUCTION IN PRICES FOR LIQUID SKIMMED MILK WHICH WOULD HAVE OCCURRED HAD THE BRITISH SYSTEM OF SETTING MILK PRICES ALLOWED THE COMMUNITY AID TO HAVE FULL EFFECT WOULD HAVE MADE THE USE OF LIQUID SKIMMED MILK MORE ADVANTAGEOUS THAN THAT OF COMPETING FEEDSTUFFS AND WOULD THEREFORE HAVE INCREASED CONSUMPTION OF THAT PRODUCT . IT MUST BE OBSERVED IN THAT REGARD THAT , AS APPEARS FROM THE REPLY GIVEN BY THE COMMISSION ON 6 SEPTEMBER 1985 TO A QUESTION PUT BY THE COURT , THE UNITED KINGDOM PROPOSED TO ESTABLISH ' A SEPARATE , HIGHER PRICE FOR NON-AIDED USES ' FOR THE YEAR 1985/86 AND TO CONTINUE TO APPLY DURING THAT YEAR ' A SINGLE PRICE FOR SKIMMED MILK SET AT THE POWDER LEVEL FOR ALL USES SUBJECT TO AID AND INTERVENTION ARRANGEMENTS ' . THE UNITED KINGDOM HAS THUS IMPLICITLY RECOGNIZED THAT ITS PRACTICE OF SETTING A HIGHER PRICE FOR A PRODUCT INTENDED FOR A USE COVERED BY AN AID SCHEME WAS NOT COMPATIBLE WITH THAT SCHEME .
58 IN THE LIGHT OF THE FOREGOING , IT MUST BE CONCLUDED THAT THE SETTING OF A HIGHER PRICE FOR LIQUID SKIMMED MILK USED FOR ANIMAL FEED INTERFERES WITH THE EFFICIENT FUNCTIONING OF THE COMMUNITY AID SCHEMES INTENDED TO ENCOURAGE SUCH A USE OF THE PRODUCT IN QUESTION .
59 IT FOLLOWS THAT THE DIFFERENTIATION OF PRICES FOR WHOLE MILK ACCORDING TO WHETHER THE SKIMMED MILK OBTAINED IN THE MANUFACTURE OF BUTTER OR OF CREAM IS INTENDED FOR USE AS ANIMAL FEED OR FOR PROCESSING INTO SKIMMED-MILK POWDER MUST BE CONSIDERED INCOMPATIBLE WITH COMMUNITY LAW .
60 IN VIEW OF THE FOREGOING IT MUST THEREFORE BE HELD THAT BY AUTHORIZING THE MILK