COURT ), ATHENS, REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF COUNCIL REGULATION NO 389/82 OF 15 FEBRUARY 1982 ON PRODUCER GROUPS AND ASSOCIATIONS THEREOF IN THE COTTON SECTOR ( OFFICIAL JOURNAL 1982, L 51, P . 1 ).
2 THOSE QUESTIONS AROSE IN PROCEEDINGS BETWEEN A COTTON PRODUCERS' GROUP, OMADA PARAGOGON VAMVAKIOU ANDRIANOU-GIZINOU & CO ., THEBES, EGA ( HEREINAFTER REFERRED TO AS "THE GROUP ") AND THE HELLENIC REPUBLIC CONCERNING THE REFUSAL OF THE GREEK AUTHORITIES TO GRANT INVESTMENT AID .
3 AS APPEARS FROM THE ORDER FOR REFERENCE, THE GROUP IS RECOGNIZED BY THE GREEK AUTHORITIES UNDER ARTICLE 2 OF REGULATION NO 389/82, WHICH PROVIDES THAT THE MEMBER STATES ARE TO RECOGNIZE PRODUCER GROUPS AND ASSOCIATIONS THEREOF WHICH FULFIL CERTAIN CONDITIONS .
4 IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF THE REGULATION, ACCORDING TO WHICH THE MEMBER STATES ARE TO GRANT AID FOR CERTAIN INVESTMENTS TO PRODUCER GROUPS AND ASSOCIATIONS THEREOF, THE GROUP SUBMITTED AN INVESTMENT PROJECT WHICH WAS INCLUDED BY THE GREEK AUTHORITIES IN THE NATIONAL PROGRAMME FOR THE DEVELOPMENT AND RATIONALIZATION OF PRODUCTION, APPROVED BY THE COMMISSION . SINCE THE TOTAL AMOUNT OF THE PLANNED INVESTMENTS WAS GREATER THAN THE AMOUNT OF THE PROGRAMME, THE HELLENIC REPUBLIC GRANTED AID IN PREFERENCE TO GROUPS ORGANIZED IN THE FORM OF A COOPERATIVE .
5 THE POLIMELES PROTODIKIO, ATHENS, BEFORE WHICH THE GROUP BROUGHT AN ACTION FOR AN ORDER THAT THE HELLENIC REPUBLIC SHOULD PAY THE AID, STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
"( 1 ) PURSUANT TO ARTICLES 4 AND 5 OF REGULATION ( EEC ) NO 389/82, ARE MEMBER STATES UNDER AN OBLIGATION TO GRANT AID TO RECOGNIZED PRODUCER GROUPS IN RESPECT OF INVESTMENTS MADE WITHIN THE FRAMEWORK OF THE OBJECTIVES OF THOSE PROVISIONS, IN SO FAR AS SUCH INVESTMENTS HAVE BEEN APPROVED AND INCLUDED IN THE ANNUAL ECONOMIC AID PROGRAMME OF THE MEMBER STATE?
( 2 ) ONCE AN INVESTMENT HAS BEEN APPROVED AND INCLUDED IN A MEMBER STATE' S ECONOMIC AID PROGRAMME AND HAS BEEN CARRIED OUT BY AN APPROVED PRODUCER GROUP, MAY THAT MEMBER STATE, ON THE BASIS OF THE SAME PROVISIONS IN CONJUNCTION WITH THE INTENT OF THE AFOREMENTIONED REGULATION, AFTER A SELECTION AND TO THE DETRIMENT OF A GROUP WHICH IS NOT ORGANIZED ON A COOPERATIVE BASIS, GRANT SUCH AID TO ANOTHER GROUP WHICH IS ORGANIZED ON A COOPERATIVE BASIS?"
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED STATEMENT OF THE FACTS OF THE CASE, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED UNDER ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR IS NECESSARY FOR THE REASONING OF THE COURT .
7 IN ORDER TO REPLY TO THE FIRST QUESTION, IT IS NECESSARY TO ANALYSE ARTICLE 5 IN THE