PURCHASE AT SUCH A DISPROPORTIONATE PRICE CONSTITUTED A DISCRIMINATORY DISTRIBUTION OF THE BURDEN OF COSTS BETWEEN THE VARIOUS AGRICULTURAL SECTORS . NOR , MOREOVER , WAS SUCH AN OBLIGATION NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE IN VIEW , NAMELY , THE DISPOSAL OF STOCKS OF SKIMMED-MILK POWDER . IT COULD NOT THEREFORE BE JUSTIFIED FOR THE PURPOSES OF ATTAINING THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY .
8 IN CONSEQUENCE , THE ANSWER MUST BE THAT COUNCIL REGULATION ( EEC ) NO 563/76 OF 15 MARCH 1976 IS NULL AND VOID .
Decision on costs
COSTS
9 THE COSTS INCURRED BY THE COUNCIL AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE FINANZGERICHT HAMBURG AND THE FINANZGERICHT BREMEN BY ORDERS OF 2 DECEMBER AND 8 NOVEMBER 1976 , RESPECTIVELY , HEREBY RULES :
COUNCIL REGULATION ( EEC ) NO 563/76 OF 15 MARCH 1976 ON THE COMPULSORY PURCHASE OF SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES FOR USE IN FEEDING-STUFFS IS NULL AND VOID .