OF DEVELOPMENT OF THE BUSINESSES CONCERNED . THE COMMISSION POINTS OUT THAT THE POSSIBILITY FOR MEMBER STATES TO OPT FOR ONE OF SEVERAL REFERENCE YEARS ENABLED THEM TO CHOOSE THE MOST APPROPRIATE YEAR IN THE LIGHT OF PRODUCTION AND COLLECTION STRUCTURES IN THEIR TERRITORY .
8 UNDER ARTICLE 40 ( 3 ) OF THE EEC TREATY THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS TO BE ESTABLISHED IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY MUST ' EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY ' . THAT PROVISION COVERS ALL MEASURES RELATING TO THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , IRRESPECTIVE OF THE AUTHORITY WHICH LAYS THEM DOWN . CONSEQUENTLY , IT IS ALSO BINDING ON THE MEMBER STATES WHEN THEY ARE IMPLEMENTING THE SAID COMMON ORGANIZATION OF THE MARKETS .
9 THAT FINDING IS BORNE OUT BY A CONSISTENT LINE OF CASES ( JUDGMENTS OF 19 OCTOBER 1977 IN JOINED CASES 117/76 AND 16/77 RUCKDESCHEL & CO . AND HANSE LAGERHAUS STROH & CO . V HAUPTZOLLAMT HAMBURG-ST . ANNEN ( 1977 ) ECR 1753 , AND IN JOINED CASES 124/76 AND 20/77 SA MOULINS ET HUILERIES DE PONT-A-MOUSSON V ONIC ( 1977 ) ECR 1795 ), IN WHICH THE COURT HELD THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE EEC TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .
10 CONSEQUENTLY , WHERE COMMUNITY RULES LEAVE MEMBER STATES TO CHOOSE BETWEEN VARIOUS METHODS OF IMPLEMENTATION , THE MEMBER STATES MUST COMPLY WITH THE PRINCIPLE STATED IN ARTICLE 40 ( 3 ). THAT PRINCIPLE APPLIES , FOR INSTANCE , WHERE SEVERAL OPTIONS ARE OPEN TO THE MEMBER STATES AS IN THIS CASE , WHERE THEY MAY CHOOSE AS THE REFERENCE YEAR 1981 , OR , SUBJECT TO CERTAIN CONDITIONS , EITHER 1982 OR 1983 .
11 IT FOLLOWS THAT IN SUCH CIRCUMSTANCES A MEMBER STATE MAY NOT CHOOSE AN OPTION WHOSE IMPLEMENTATION IN ITS TERRITORY WOULD BE LIABLE TO CREATE , DIRECTLY OR INDIRECTLY , DISCRIMINATION BETWEEN THE PRODUCERS CONCERNED , WITHIN THE MEANING OF ARTICLE 40 ( 3 ) OF THE TREATY , HAVING REGARD TO THE SPECIFIC CONDITIONS ON ITS MARKET AND , IN PARTICULAR , TO THE STRUCTURE OF THE AGRICULTURAL ACTIVITIES CARRIED OUT IN ITS TERRITORY .
12 FOR THOSE REASONS IT SHOULD BE RULED IN ANSWER TO THE NATIONAL COURT ' S FIRST QUESTION THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE TREATY PRECLUDES A MEMBER STATE FROM CHOOSING 1981 AS THE REFERENCE YEAR PURSUANT TO ARTICLE 2 OF COUNCIL REGULATION NO 857/84 OF 31 MARCH 1984 IF , OWING TO THE PARTICULAR CONDITIONS ON THE MARKET OF THAT STATE , THE IMPLEMENTATION OF THAT OPTION IN ITS TERRITORY LEADS TO DISCRIMINATION BETWEEN PRODUCERS WITHIN THE COMMUNITY