1981, 1982 AND 1983 .
3 IN ORDER TO DECIDE THAT DISPUTE THE TRIBUNAL D' INSTANCE, SAINT-DENIS, STAYED THE PROCEEDINGS AND SUBMITTED THE FOLLOWING QUESTIONS TO THE COURT :
"1 . IN SO FAR AS THE IMPORT LEVY INSTITUTED BY REGULATION NO 2727/75 OF THE COUNCIL MAY BE REGARDED AS A VARIABLE DUTY EQUAL TO THE DIFFERENCE BETWEEN THE PRICES RULING OUTSIDE AND WITHIN THE COMMUNITY AND IN SO FAR AS ITS PURPOSE IS TO STABILIZE THE MARKET BY COMPENSATING FOR THE DIFFERENCE BETWEEN A LOWER WORLD PRICE AND A HIGHER COMMUNITY PRICE, IS THE APPLICATION OF SUCH A LEVY TO A GIVEN PRODUCT NOT CONTRARY TO THE SPIRIT OF THE COMMUNITY RULES AND INCOMPATIBLE WITH THE NATURE OF THE LEVY WHEN THE REAL PURCHASE PRICE DOES NOT CORRESPOND TO THE FICTITIOUS REFERENCE PRICE AND EXCEEDS NOT ONLY THE LATTER BUT
ALSO THE COMMUNITY PRICE?
2 . IS IT NOT CONTRARY TO THE GENERAL PRINCIPLES OF COMMUNITY LAW AND IN PARTICULAR TO THE PROHIBITION OF DISCRIMINATION - APPLICABLE TO AGRICULTURE BY VIRTUE OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY, ACCORDING TO WHICH THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS 'SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY' - TO TREAT IN THE SAME WAY SITUATIONS WHICH ARE OBJECTIVELY DIFFERENT?
3 . IN SO FAR AS IT IS ESTABLISHED THAT PERSONS IMPORTING MAIZE INTO REUNION ARE OBLIGED BY VIRTUE OF THEIR GEOGRAPHICAL SITUATION TO OBTAIN SUPPLIES OUTSIDE THE COMMUNITY AT A PRICE HIGHER THAN THE COMMUNITY PRICE,
( A ) IS THE CHARGING OF AN IMPORT LEVY OF THE KIND INSTITUTED UNDER REGULATION NO 2727/75 NOT CONTRARY BOTH TO THE LETTER AND TO THE SPIRIT OF THAT REGULATION AND IS IT NOT IN BREACH OF THE AFORESAID PRINCIPLE OF NON-DISCRIMINATION, AND
( B ) CONSEQUENTLY, SHOULD THE DUTIES IMPROPERLY COLLECTED NOT BE REPAID IN THE MANNER PROVIDED FOR IN THE FIRST PARAGRAPH OF ARTICLE 13 OF COUNCIL REGULATION NO 1430/79 WHERE NO NEGLIGENCE OR DECEPTION MAY BE ATTRIBUTED TO THE IMPORTERS?
4 . IF QUESTION 3 ( B ) IS ANSWERED IN THE AFFIRMATIVE :
( A ) IS THE LIMITATION PERIOD APPLICABLE TO APPLICATIONS FOR REPAYMENT 12 MONTHS, AS PROVIDED FOR IN ARTICLE 2 OF COMMISSION REGULATION NO 1575/80, AS AMENDED BY COMMISSION REGULATION ( EEC ) NO 2640/82, OR THREE YEARS, AS PROVIDED FOR IN PART A OF TITLE I ( ARTICLE 2 ( 2 )*) OF COUNCIL REGULATION NO 1430/79?
( B ) WHAT PRICE OR WHAT RATE OR WHAT VALUE MUST BE TAKEN AS THE BASIS FOR ASSESSING WHETHER OR NOT THE LEVY IS COMPATIBLE?"
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE OBSERVATIONS SUBMITTED BY THE PARTIES TO THE MAIN PROCEEDINGS AND BY THE COMMISSION, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE FIRST QUESTION
5 IN ITS FIRST QUESTION, THE TRIBUNAL D' INSTANCE ASKS IN SUBSTANCE WHETHER THE IMPORT LEVY