THE LATEST ON 31 JANUARY 1969 .
5 IT IS NOT DISPUTED THAT A DIFFERENCE IN EXCESS OF 1.5 POINTS HAS BEEN RETAINED AFTER 1 NOVEMBER 1968 .
6 THE COMMISSION, TAKING THE VIEW THAT THE GOVERNMENT OF THE FRENCH REPUBLIC HAD THUS FAILED TO COMPLY WITH ITS OBLIGATIONS UNDER THE TREATIES, TOOK ON 18 DECEMBER 1968 UNDER ARTICLE 88 OF THE ECSC TREATY A DECISION REQUIRING THAT GOVERNMENT TO CONFORM TO THE DECISION OF 6 JULY 1968 AND, AS REGARDS THE FAILURE TO COMPLY WITH THE DECISION OF 23 JULY 1968, DELIVERED THE REASONED OPINION PROVIDED FOR BY ARTICLE 169 OF THE EEC TREATY .
7 SUBSEQUENTLY IT BROUGHT THE APPLICATION IN CASE 6/69 BEFORE THE COURT UNDER THE SAME ARTICLE 169 .
8 FOR ITS PART BY THE APPLICATION IN CASE 11/68 THE GOVERNMENT OF THE FRENCH REPUBLIC HAS REQUESTED THE COURT UNDER ARTICLE 88 OF THE ECSC TREATY TO ANNUL THE DECISION OF 18 DECEMBER 1968 AND TO RULE THAT IT COULD WITHOUT BEING IN BREACH OF ITS OBLIGATIONS UNDER THE SAID TREATY MAINTAIN A PREFERENTIAL REDISCOUNT RATE FOR EXPORTS TO OTHER MEMBER STATES .
9 THE TWO CASES LARGELY RAISE THE SAME QUESTIONS TO BE DECIDED AND IT IS THEREFORE PROPER TO JOIN THEM FOR THE PURPOSE OF THE JUDGMENT .
A - CASE 6/69 ( EEC )
10 AGAINST THE PROCEEDINGS BROUGHT BY THE COMMISSION UNDER THE EEC TREATY THE GOVERNMENT OF THE FRENCH REPUBLIC ALLEGES THAT " THE RULES OF THE TREATY ARE DEFICIENT IN THE MONETARY SPHERE " AND STATES THAT THE FIXING OF THE DISCOUNT RATE FALLS DIRECTLY WITHIN MONETARY POLICY WHICH IS A MATTER IN WHICH THE MEMBER STATES ALONE ARE COMPETENT AND THAT THEREFORE BY STARTING THE PROCEEDINGS WHICH LED TO THE DECISION OF 23 JULY 1968 THE COMMISSION ACTED UNLAWFULLY BY ARROGATING TO ITSELF JURISDICTION WHICH THE TREATY DENIES IT .
11 SINCE NO PROCEEDINGS FOR ANNULMENT WERE BROUGHT WITHIN THE PERIOD PRESCRIBED BY THE THIRD PARAGRAPH OF ARTICLE 173 OF THE TREATY, THE DECISION OF 23 JULY 1968 MUST BE CONSIDERED AS DEFINITIVE .
12 WITHOUT DISPUTING THAT IT ALLOWED THIS PERIOD TO ELAPSE, THE GOVERNMENT OF THE FRENCH REPUBLIC ON THE ONE HAND REFERS TO PUBLIC POLICY WITHIN THE COMMUNITY AND ON THE OTHER HAND TAKES THE VIEW THAT " TOO EXCLUSIVE AN ATTACHMENT TO FORMS ( IS ) AS INCOMPATIBLE WITH THE TRUE COMMUNITY SPIRIT AS DISREGARDING THEM ". IT STATES, HOWEVER, THAT THIS DECISION WAS TAKEN IN A SPHERE WHICH BELONGS EXCLUSIVELY TO THE JURISDICTION OF MEMBER STATES .
13 IF THIS ALLEGATION WERE VALID, THE ABOVEMENTIONED DECISION WOULD LACK ALL LEGAL BASIS IN THE COMMUNITY LEGAL SYSTEM AND IN PROCEEDINGS WHERE THE COMMISSION IN THE INTEREST OF THE COMMUNITY IS TAKING ACTION FOR FAILURE BY A STATE TO FULFIL ITS OBLIGATIONS, IT IS A FUNDAMENTAL REQUIREMENT OF THE LEGAL SYSTEM THAT THE COURT SHOULD INVESTIGATE WHETHER THIS IS THE CASE .
14 ALTHOUGH UNDER ARTICLE 104 OF THE TREATY MEMBER STATES ARE RESPONSIBLE FOR