AUTHORITIES BY THE MANUFACTURERS OF THIS PRODUCT , WHO CLAIM THAT THE PROVISIONS WHICH ABOLISHED THIS REFUND WHILE MAINTAINING IT FOR STARCH CONSTITUTE DISCRIMINATION CONTRARY TO THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY .
5 THE PRODUCTION REFUND FOR QUELLMEHL EXTRACTED FROM MAIZE , WHICH HAS BEEN GRANTED IN GERMANY SINCE 1930 , WAS INTRODUCED INTO THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , FIRST AS DISCRETIONARY BY REGULATION NO 142/64/EEC OF THE COUNCIL OF 21 OCTOBER 1964 ( JO OF 27 . 10 . 1964 , P . 2673 ) AND SUBSEQUENTLY AS COMPULSORY BY ARTICLE 11 OF REGULATION NO 120/67/EEC OF THE COUNCIL OF 13 JUNE 1967 ( JO ENGLISH SPECIAL EDITION 1967 , P . 33 ).
THESE ARRANGEMENTS WERE IDENTICAL WITH THOSE ESTABLISHED BY THE SAME REGULATIONS FOR THE GRANT OF PRODUCTION REFUNDS FOR STARCH AND THE AMOUNT OF THE REFUNDS WAS ALSO THE SAME FOR THE TWO PRODUCTS .
ALTHOUGH THE REASON FOR THE GRANT OF PRODUCTION REFUNDS FOR STARCH WAS THE NEED TO KEEP PRICES COMPETITIVE COMPARED WITH THE PRICES OF SUBSTITUTE PRODUCTS DERIVED PRINCIPALLY FROM OIL , THE REASON FOR THE GRANT OF PRODUCTION REFUNDS FOR QUELLMEHL WAS , AS IS MADE CLEAR IN PARTICULAR BY THE TENTH RECITAL IN THE PREAMBLE TO REGULATION NO 120/67/EEC , THE INTERCHANGEABILITY OF STARCH AND QUELLMEHL .
6 THE SITUATION REMAINED THE SAME UNTIL 1 AUGUST 1974 , THE DATE OF THE ENTRY INTO FORCE OF REGULATION ( EEC ) NO 1125/74 OF THE COUNCIL OF 29 APRIL 1974 ( OJ L 128 OF 10 . 5 . 1974 , P . 12 ), WHEREBY ARTICLE 11 OF REGULATION NO 120/67/EEC WAS SUPERSEDED BY A NEW TEXT PROVIDING FOR THE GRANT OF PRODUCTION REFUNDS FOR STARCH BUT NOT FOR QUELLMEHL .
THE RECITALS IN THE PREAMBLE TO REGULATION ( EEC ) NO 1125/74 STATED THAT THE REASON FOR ABOLISHING THE PRODUCTION REFUND FOR QUELLMEHL WAS THAT EXPERIENCE HAD SHOWN THAT THE OPPORTUNITY FOR SUBSTITUTING QUELLMEHL FOR STARCH FOR CERTAIN SPECIFIC USES AS FOOD FOR HUMAN CONSUMPTION WAS ' ECONOMICALLY SLIGHT , IF NOT NON-EXISTENT ' .
7 THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY PROVIDES THAT THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS ' SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY ' .
WHILST THIS WORDING UNDOUBTEDLY PROHIBITS ANY DISCRIMINATION BETWEEN PRODUCERS OF THE SAME PRODUCT IT DOES NOT REFER IN SUCH CLEAR TERMS TO THE RELATIONSHIP BETWEEN DIFFERENT INDUSTRIAL OR TRADE SECTORS IN THE SPHERE OF PROCESSED AGRICULTURAL PRODUCTS .
THIS DOES NOT ALTER THE FACT THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE AFORESAID PROVISION IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW .
THIS PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .
8 IT MUST THEREFORE BE ASCERTAINED WHETHER QUELLMEHL AND STARCH ARE IN A COMPARABLE SITUATION