ON THE ASSUMPTION THAT THE MEMBER STATES HAVE RETAINED THE POWER TO ADOPT SUCH MEASURES , WHETHER LEGISLATION SUCH AS THAT AT ISSUE INTERFERES WITH THE OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET .
9 IN ORDER TO REPLY TO THAT QUESTION IT IS NECESSARY TO EXAMINE THE FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN CHEESE AS PROVIDED FOR BY REGULATION NO 804/68 . THE COMMON ORGANIZATION OF THE MARKET DOES NOT IN ITS PRESENT STATE CONTAIN ANY RULE ON THE DESIGNATION AND QUALITY OF CHEESE . NOR DOES IT ESTABLISH AN INTERVENTION SYSTEM FOR CHEESE , EXCEPT IN THE CASE OF GRANA-PADANO AND PARMIGIANO-REGGIANO . HOWEVER , PROVOLONE AND LONG-KEEPING CHEESE BENEFIT FROM CERTAIN MARKET-SUPPORT MEASURES WHICH TAKE THE FORM OF AIDS FOR PRIVATE STORAGE . IMPORT LEVIES AND EXPORT REFUNDS ARE COLLECTED IN DEALINGS WITH NON-MEMBER COUNTRIES . THE SYSTEM THUS ESTABLISHED THEREFORE DIFFERS FROM OTHER ORGANIZATIONS OF THE MARKET WHICH HAVE AS THEIR PURPOSE TO SUPPORT THE MARKET BY MAINTAINING PRICES AT A GIVEN LEVEL THROUGH INTERVENTION BUYING OR , MORE INDIRECTLY , BY THE FIXING OF MINIMUM QUALITY CRITERIA .
10 AS FAR AS THE POWERS OF THE MEMBER STATES ARE CONCERNED , THE PLAINTIFFS IN THE MAIN ACTION CONTENDED THAT THE MEMBER STATES MAY NOT ADOPT MEASURES WHICH PURSUE THE SAME OBJECTIVE AS THE COMMON ORGANIZATION OF THE MARKET , IN PARTICULAR AS REGARDS SALES PROMOTION . FOR ITS PART , THE COMMISSION TOOK THE VIEW THAT THE RESTRICTION OF THE LIST OF AUTHORIZED CHEESES ENCROACHES UPON THE EXCLUSIVE POWERS OF THE COMMUNITY TO LAY DOWN RULES CONCERNING FREEDOM OF ACCESS TO THE MARKET . THE PROHIBITION OF THE PRODUCTION AND MARKETING OF CHEESE NOT EXHIBITING THE PRESCRIBED CHARACTERISTICS AMOUNTS , IT CLAIMS , TO A MEASURE LIMITING PRODUCTION WHICH HAS THE SAME EFFECT AS AN INTERVENTION MEASURE AND THEREFORE COMES WITHIN THE SCOPE OF THE COMMUNITY ' S POWERS .
11 THE PLAINTIFFS IN THE MAIN ACTION AND THE COMMISSION ALSO CONSIDER THAT MEASURES SUCH AS THOSE AT ISSUE IN THE MAIN PROCEEDINGS OBSTRUCT THE PROPER FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKETS . IN THE FIRST PLACE , THE RESTRICTION OF THE LIST OF AUTHORIZED CHEESES IS CONTRARY TO THE PRINCIPLE OF AN OPEN MARKET TO WHICH EVERY PRODUCER HAS FREE ACCESS . SECONDLY , IN THE COMMISSION ' S VIEW , THAT RESTRICTION CONFLICTS WITH THE COMMUNITY POLICY OF WIDENING DEMAND FOR CHEESE AS MUCH AS POSSIBLE BY INCREASING THE VARIETY OF PRODUCTS OFFERED . FINALLY , THE EFFECT OF THE RESTRICTIONS IS TO PREVENT THE FUNCTIONING IN THE NETHERLANDS OF INTERVENTION MEASURES , STORAGE AIDS AND EXPORT REFUNDS PROVIDED FOR BY THE COMMUNITY .
12 THAT ARGUMENT CANNOT BE ACCEPTED . IT IS CLEAR FROM THE CONSISTENT CASE-LAW OF THE COURT THAT , ONCE THE COMMUNITY HAS ADOPTED , PURSUANT TO ARTICLE 40 OF THE TREATY , REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO