A CONDITION SUCH AS DO NOT EXCLUDE OR SUBSTANTIALLY IMPAIR THEIR USE FOR THAT PURPOSE ".
THE SEVENTH RECITAL OF THE ABOVEMENTIONED REGULATION LAYS DOWN THAT ONLY PRODUCTS IN FREE CIRCULATION WITHIN THE COMMUNITY CAN BENEFIT UNDER THE ARRANGEMENTS PROVIDED BY THAT REGULATION, AND THAT MOREOVER EXPORTED PRODUCTS MUST BE OF SUCH A QUALITY THAT THEY CAN BE MARKETED ON NORMAL TERMS .
IT TRANSPIRES FROM THE GROUNDS GIVEN BY THE HAMBURG FINANZGERICHT THAT THE PROBLEM AT ISSUE IS WHETHER THIS REQUIREMENT MUST BE INTERPRETED AS AN IMPLICIT REFERENCE TO THE HEALTH REGULATIONS OF THE THIRD COUNTRIES TO WHICH THE PRODUCTS ARE EXPORTED OR TO REGULATIONS IN FORCE WITHIN THE COMMUNITY .
7 IN THE ABSENCE OF ANY EXPRESS REFERENCE TO THE LAWS OR CUSTOMS OF A THIRD COUNTRY A COMMUNITY PROVISION MUST BE INTERPRETED IN RELATION TO AND IN THE CONTEXT OF ITS OWN SOURCES .
THE REFUND SYSTEM IS INSTRUMENTAL IN THE COMMON ORGANIZATION OF MARKETS FOR THE PURPOSE OF ACHIEVING THE OBJECTIVES SET BY ARTICLE 39, AND IN PARTICULAR THE STABILIZATION OF THE COMMUNITY MARKET PROVIDED FOR BY ARTICLE 40 ( 3 ) AND BY THE FIFTH RECITAL OF REGULATION NO 121/67 .
TO MAKE THE GRANT OF A REFUND DEPENDENT UPON THE LAWS OR CUSTOMS OF A THIRD STATE WOULD DEPRIVE THE COMMUNITY OF ALL CERTAINTY IN THE USE OF THIS INSTRUMENT AND WOULD MAKE EFFECTIVE CONTROL BY THE COMMUNITY IMPOSSIBLE .
8 THEREFORE THE QUESTION WHETHER PRODUCTS FOR WHICH AN EXPORT REFUND IS CLAIMED ARE IN CONFORMITY WITH THE REQUIREMENTS SET OUT IN ARTICLE 6 OF REGULATION NO 1041/67 MUST BE EXAMINED ON THE BASIS OF CRITERIA IN FORCE WITHIN THE COMMUNITY .
ON THE SECOND PART OF THE SECOND QUESTION AND THE FIRST PART OF THE THIRD QUESTION
9 THE COURT IS REQUESTED BY THE SECOND PART OF THE SECOND QUESTION TO STATE WHETHER IT IS TO BE DEDUCED FROM THE FACT THAT THE AMOUNT OF THE REFUND EXCEEDS THE PRICE IN FACT PAID FOR THE PRODUCT ON THE HOME MARKET THAT THE PRODUCT DOES NOT CONFORM TO THE REQUIRED STANDARDS OF QUALITY .
10 IF THE ANSWER IS NEGATIVE, THE FIRST PART OF QUESTION 3 REQUESTS AN INTERPRETATION OF THE PHRASE " OF SOUND AND FAIR MARKETABLE QUALITY ".
11 THESE QUESTIONS, BEING CLOSELY CONNECTED, WILL BE EXAMINED TOGETHER .
12 THIS REQUIREMENT, CONTAINED IN ARTICLE 6 OF REGULATION NO 1041/67, CONSTITUTES A GENERAL, OBJECTIVE CONDITION FOR THE GRANT OF A REFUND, WHATEVER THE REQUIREMENTS AS TO CATEGORY AND QUALITY LAID DOWN BY THE REGULATIONS FIXING THE AMOUNTS OF REFUND FOR EACH PRODUCT .
A PRODUCT WHICH COULD NOT BE MARKETED WITHIN THE COMMUNITY UNDER NORMAL CONDITIONS AND UNDER THE DESCRIPTION GIVEN IN THE CLAIM FOR THE GRANT OF A REFUND WOULD NOT MEET THESE REQUIREMENTS AS TO QUALITY .
THE FACT THAT THE AMOUNT OF THE REFUND EXCEEDS THE PRICE IN FACT PAID BY THE EXPORTER ON THE HOME MARKET FOR THE PRODUCT EXPORTED IS AN INDICATION THAT DOUBTS SHOULD BE CAST