IT WOULD BE CONTRARY TO ARTICLE 30 OF THE TREATY FOR SUCH A BODY TO ENGAGE IN PUBLICITY INTENDED TO DISCOURAGE THE PURCHASE OF PRODUCTS FROM OTHER MEMBER STATES OR TO DISPARAGE THOSE PRODUCTS IN THE EYES OF CONSUMERS , OR TO ADVISE CONSUMERS TO PURCHASE DOMESTIC PRODUCTS SOLELY BY REASON OF THEIR NATIONAL ORIGIN .
( C)THE SAID PROVISIONS DO NOT PREVENT SUCH A BODY FROM ADDRESSING TO GROWERS , WITHIN THE FRAMEWORK OF ITS GENERAL ADVISORY ROLE , RECOMMENDATIONS CONCERNING THE QUALITY AND PRESENTATION OF THE FRUIT MARKETED ; ON THE OTHER HAND , IN VIEW OF THE EXHAUSTIVE NATURE OF THE SYSTEM OF COMMON QUALITY STANDARDS IT WOULD BE UNLAWFUL FOR SUCH A BODY TO ATTEMPT TO IMPOSE COMPLIANCE WITH STANDARDS DIFFERENT FROM THOSE COMMON STANDARDS , BY APPLYING ANY SORT OF SANCTIONS OR BY USING THE AUTHORITY VESTED IN IT BY ITS CONSTITUTION TO BRING PRESSURE TO BEAR ON GROWERS OR TRADERS .
( D)THE SAID PROVISIONS RENDER UNLAWFUL THE REQUIREMENT FOR GROWERS TO BECOME MEMBERS OF SUCH A BODY OR TO FINANCE ITS ACTIVITIES BY THE PAYMENT OF A CHARGE , IF AND IN SO FAR AS THOSE ACTIVITIES ARE CONTRARY TO THE SAID PROVISIONS .
THE SECOND QUESTION
34 AS WILL BE APPARENT FROM THE FOREGOING , THE ANSWER GIVEN TO THE FIRST QUESTION TAKES INTO ACCOUNT , ON THE ONE HAND , THE NATURE OF THE FUNCTIONS DISCHARGED BY THE BODY IN QUESTION AND , ON THE OTHER , THE FACT THAT IT IS A BODY CREATED BY THE GOVERNMENT OF A MEMBER STATE AND FINANCED BY A CHARGE IMPOSED ON GROWERS BY VIRTUE OF NATIONAL REGULATIONS . BY CONTRAST , THE PROCEDURE FOLLOWED BY THE GOVERNMENT IN ESTABLISHING THAT BODY AND , IN PARTICULAR , THE NATURE AND THE RESULTS OF THE CONSULTATIONS CARRIED OUT BY THE GOVERNMENT BEFORE TAKING ITS DECISIONS REGARDING THE CREATION OR CONTINUATION OF THE BODY ARE OF NO RELEVANCE TO THE ANSWER TO BE GIVEN .
35 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT THE FACT THAT THE COUNCIL IN QUESTION WAS CREATED AND MAINTAINED WITH THE EXPRESS APPROVAL OF GROWERS REPRESENTING MORE THAN HALF OF THE LAND PLANTED AND AFTER CONSULTATION WITH ORGANIZATIONS APPARENTLY REPRESENTING A LARGE NUMBER OF PERSONS CARRYING ON BUSINESS OR EMPLOYED IN THE INDUSTRY DOES NOT AFFECT THE REPLY GIVEN TO THE FIRST QUESTION .
THIRD QUESTION
36 BY THIS QUESTION THE NATIONAL COURT WISHES TO BE INFORMED OF THE CRITERIA FOR THE INTERPRETATION OF COMMUNITY LAW WHICH IT NEEDS IN ORDER TO CONSIDER THE CONSEQUENCES OF ANY INCOMPATIBILITY OF THE RULES IN QUESTION WITH THE COMMUNITY PROVISIONS REFERRED TO IN ITS FIRST QUESTION .
37 IN THAT RESPECT IT MUST , IN THE FIRST PLACE , BE EMPHASIZED THAT , AS THE COURT HAS CONSISTENTLY HELD , ARTICLES 30 AND 34 OF THE TREATY CONFER UPON INDIVIDUALS RIGHTS WHICH THEY MAY ENFORCE BEFORE THE COURTS OF A MEMBER STATE . AS REGARDS THE REGULATIONS ON THE COMMON ORGANIZATION