SUFFERED LOSS OR EXPENSE ON ACCOUNT OF THE FIXING IN THE AFORESAID REGULATIONS OF MINIMUM PRICES AND COUNTERVAILING CHARGES ON THE IMPORTATION OF DRIED GRAPES .
3 ARTICLE 14 OF COUNCIL REGULATION NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( OFFICIAL JOURNAL 1977, L 73, P . 1 ) PROVIDES FOR THE POSSIBILITY OF APPLYING APPROPRIATE MEASURES TO TRADE WITH NON-MEMBER COUNTRIES IF THE MARKET IN ONE OR MORE PRODUCTS COVERED BY THAT REGULATION IS LIKELY TO BE EXPOSED TO SERIOUS DISTURBANCES WHICH MIGHT ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY .
4 PURSUANT TO THAT PROVISION, ARTICLE 2 ( 1 ) OF COUNCIL REGULATION NO 521/77 ( OFFICIAL JOURNAL 1977, L 73, P . 28 ) PROVIDES THAT, SHOULD SUCH A SITUATION ARISE, THE MEASURES WHICH MAY BE TAKEN ARE : THE FIXING OF A MINIMUM PRICE, IF THE PRICE OF THE IMPORTED PRODUCT FALLS BELOW THAT MINIMUM, A CONDITION MAY BE IMPOSED WHEREBY THE PRODUCT MAY BE IMPORTED ONLY AT A PRICE WHICH IS AT LEAST EQUAL TO SUCH MINIMUM; AND THE TOTAL OR PARTIAL SUSPENSION OF EXPORTS .
5 REFERRING TO THOSE PROVISIONS, ARTICLE 2 OF COMMISSION REGULATION NO 2742/82, MENTIONED ABOVE, INTRODUCED A MINIMUM PRICE FOR THE PRODUCT IN QUESTION, TOGETHER WITH A COUNTERVAILING CHARGE TO APPLY "IF THE MINIMUM PRICE IS NOT RESPECTED ". THE SYSTEM COVERED THE PERIOD UNTIL 31 AUGUST 1985 .
6 AN AMENDED SCHEME WAS LATER INTRODUCED BY COUNCIL REGULATION NO 2089/85 AND COMMISSION REGULATIONS NOS 2237/85 AND 2238/85, MENTIONED ABOVE .
7 IN THE PROCEEDINGS BEFORE THE NATIONAL COURT, THE ASSOCIATION CLAIMED THAT THOSE REGULATIONS WERE INVALID AND THAT THEREFORE THE COUNTERVAILING CHARGE ON THE IMPORTATION OF DRIED GRAPES COULD NOT LAWFULLY BE CHARGED .
8 IN THOSE CIRCUMSTANCES THE NATIONAL COURT STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE :
"( 1 ) WAS COMMISSION REGULATION ( EEC ) NO 2742/82 ( AS AMENDED FROM TIME TO TIME ), WHEN INTRODUCED OR AS CONTINUED AT ANY TIME ( AND IF SO WHEN ), INVALID AND UNLAWFUL BECAUSE IT PROVIDED FOR MEASURES WHICH WERE NOT AUTHORIZED BY COUNCIL REGULATIONS ( EEC ) NO 516/77 ( AND IN PARTICULAR ARTICLE 14 THEREOF ) AND NO 521/77 AND/OR AS CONTAINING PROVISIONS AND HAVING EFFECTS WHICH WERE DISPROPORTIONATE TO THE AIMS OF THOSE REGULATIONS AND/OR BECAUSE IT WAS NOT ADEQUATELY REASONED?
( 2 ) ARE COUNCIL REGULATION ( EEC NO 2089/85 AND COMMISSION REGULATION ( EEC ) NO 2237/85 AND/OR COMMISSION REGULATION ( EEC ) NO 2238/85 ( AS AMENDED ) INVALID AND UNLAWFUL AS CONTAINING PROVISIONS AND HAVING EFFECTS WHICH ARE DISPROPORTIONATE TO ANY AIMS FOR WHICH THOSE REGULATIONS WERE INTRODUCED AND/OR AS BEING INADEQUATELY REASONED?"
9 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE OBSERVATIONS SUBMITTED TO THE COURT AND THE PROVISIONS OF COMMUNITY LAW IN QUESTION WHICH ARE MENTIONED OR DISCUSSED