8 750 SHARES AND WHOSE MEMBERS ARE OBLIGED TO CULTIVATE ONE TOENDE ( 0.56 HECTARE ) WITH SUGAR-BEET AND TO DELIVER THE BEET HARVESTED TO THE FACTORY .
10SINCE THE MEMBERS OF THE CO-OPERATIVE DID NOT PRODUCE ENOUGH FOR ITS REQUIREMENTS SUKKERFABRIKEN USUALLY PURCHASES MORE BEET FROM OTHER GROWERS WHO ARE NOT MEMBERS OF THE CO-OPERATIVE ( HEREINAFTER REFERRED TO AS ' ' PRODUCERS UNDER CONTRACT ' ' ).
11SINCE THE PRODUCTION QUANTITY ALLOTTED TO DENMARK ON ITS ACCESSION TO THE COMMUNITY EXCEEDED THE QUANTITIES WHICH HAD BEEN FIXED IN THE PAST BY NATIONAL LEGISLATION , SUKKERFABRIKEN ' S BASIC QUOTA ACCORDINGLY EXCEEDED THE QUANTITIES WHICH , UNDER THE PREVIOUS NATIONAL SYSTEM , COULD BE PRODUCED AT GUARANTEED PRICES .
12SINCE SUKKERFABRIKEN AND THE PRODUCERS UNDER CONTRACT COULD NOT AGREE HOW THAT INCREASE SHOULD AFFECT THE FIXING OF THE QUANTITIES COVERED BY THE BASIC QUOTA TO BE PURCHASED FROM THE MEMBERS OF THE CO-OPERATIVE AND THE PRODUCERS UNDER CONTRACT THE DANISH GOVERNMENT CONSIDERED IT NECESSARY TO INTERVENE IN ORDER TO EFFECT AN ALLOCATION .
13THE DANISH GOVERNMENT REPORTED TO THE COMMUNITY INSTITUTIONS THE DIFFICULTIES WHICH HAD ARISEN AND THE COUNCIL , ON THE PROPOSAL OF THE COMMISSION , ACCORDINGLY ADOPTED REGULATION NO 741/75 WHEREBY ' ' FAILING AN AGREEMENT IN CERTAIN CASES AS TO HOW THE QUANTITY OF BEET TO BE DELIVERED SHOULD BE ALLOCATED , THE MEMBER STATE CONCERNED MAY LAY DOWN SPECIAL RULES FOR SUCH ALLOCATION , ' ' IT IS PROVIDED IN ARTICLE 1 :
' ' WHERE THERE IS NO SET AGREEMENT WITHIN THE TRADE AS TO HOW THE QUANTITIES OF BEET WHICH THE MANUFACTURER OFFERS TO BUY BEFORE SOWING SHOULD BE ALLOCATED AMONG THE SELLERS , THESE QUANTITIES BEING INTENDED FOR THE MANUFACTURE OF SUGAR WITHIN THE BASIC QUOTA LIMITS , THE MEMBER STATE CONCERNED MAY ITSELF LAY DOWN RULES FOR SUCH ALLOCATION .
THESE RULES MAY ALSO GRANT TO TRADITIONAL SELLERS OF BEET AND TO CO-OPERATIVES DELIVERY RIGHTS OTHER THAN THOSE WHICH THEY WOULD ENJOY IF THEY BELONGED TO SUCH CO-OPERATIVES . ' '
14THE DANISH MINISTER FOR AGRICULTURE HAD INTERVENED BY ORDER NO 300 OF 20 JUNE 1975 ON THE ALLOCATION OF THE PRODUCTION RIGHTS WITHIN THE BASIC QUOTA BETWEEN THE MEMBERS OF THE CO-OPERATIVE OF SUKKERFABRIKEN AND THE PRODUCERS UNDER CONTRACT AND SUKKERFABRIKEN CONTESTED THE LEGALITY OF THE ORDER BEFORE THE NATIONAL COURTS .
15IN THE COURSE OF THAT ACTION THE HOEJESTERET REQUESTED THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
' ' A . WHERE AGREEMENT CANNOT BE REACHED BETWEEN SHAREHOLDERS IN A SUGAR FACTORY ORGANIZED AS A CO-OPERATIVE UNDERTAKING AND OTHER TRADITIONAL SELLERS OF BEET TO THE FACTORY AS TO THE ALLOCATION OF THE QUANTITIES WHICH MAY BE SUPPLIED WITHIN THE FACTORY ' S BASIC QUOTA AND WHERE THERE IS NO AGREEMENT ON THIS POINT WITHIN THE TRADE , IS IT IN ACCORDANCE WITH THE COMMUNITY REGULATIONS ON SUGAR , IN PARTICULAR REGULATION ( EEC ) NO 741/75 OF THE COUNCIL OF 18 MARCH