THE GUIDANCE AND STABILIZATION OF AGRICULTURAL MARKETS , HEREINAFTER REFERRED TO AS ' THE FORMA ' ), THE FRENCH REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY AND IN PARTICULAR ARTICLE 34 THEREOF .
2 AS A RESULT OF THE SHARP DECREASE IN THE PRODUCTION OF POTATOES WHICH OCCURRED IN NORTHERN EUROPE IN 1975 THE FRENCH GOVERNMENT , BY A NOTICE PUBLISHED IN THE JOURNAL OFFICIEL DE LA REPUBLIQUE FRANCAISE ON 25 OCTOBER 1975 , MADE EXPORTS OF POTATOES , THAT IS TO SAY , POTATOES OTHER THAN NEW POTATOES AND THOSE INTENDED FOR THE MANUFACTURE OF POTATO STARCH , CONDITIONAL UPON SUBMISSION OF THE SAID DECLARATION .
3 IN INFORMATION BULLETINS NOS 702 AND 703 OF 8 AND 15 NOVEMBER 1975 , THE FRENCH MINISTRY FOR AGRICULTURE STATED THAT THAT MEASURE WAS INTENDED TO ' RESTRAIN ' AND TO ' STABILIZE ' EXPORTS OF POTATOES AND THAT A QUOTA WOULD BE FIXED EACH WEEK BY THE MINISTRY FOR ECONOMIC AFFAIRS AND FINANCE ' IN RESPECT OF THE GRANTING OF EXPORT APPLICATIONS ' .
4 INFORMATION BULLETIN NO 703 OUTLINED , MORE PARTICULARLY , A SYSTEM OF QUOTAS , THE SIZE OF WHICH WAS TO BE DETERMINED IN RELATION TO MARKET DEVELOPMENTS , PRIORITY BEING GIVEN TO THE NEEDS OF SEVERAL STATES , INCLUDING TWO MEMBER STATES OF THE COMMUNITY .
5 BEFORE ADOPTING THE MEASURE AT ISSUE THE FRENCH REPUBLIC INFORMED THE COMMISSION , BY TELEX MESSAGE , THAT IT INTENDED TO SUBJECT EXPORTS OF POTATOES TO A ' MONITORING ' PROCEDURE , STATING THAT THE ACTION TO BE TAKEN ON COMPLETION OF THE FORMALITIES WOULD BE AUTOMATIC .
6 THE COMMISSION CONSIDERED THAT THE FRENCH MEASURE WAS INTENDED NOT ONLY TO MONITOR SALES AT THE COMMUNITY FRONTIER BUT ALSO TO MONITOR INTRA-COMMUNITY TRADE AND THAT , FURTHERMORE , THE FRENCH REPUBLIC WAS IN FACT INTRODUCING THE MEASURE AS A PROCEDURE FOR AUTHORIZATION AND THE IMPOSITION OF QUOTA RESTRICTIONS , AND THE COMMISSION THEREFORE COMMENCED PROCEEDINGS UNDER ARTICLE 169 OF THE TREATY .
7 IN ITS REPLY TO THE COMMISSION ' S REASONED OPINION , SENT TO THE FRENCH GOVERNMENT ON 24 MARCH 1976 , THE LATTER STATED THAT , AS REGARDS EXPORTS TO MEMBER STATES , THE MEASURE WAS NO MORE THAN A MERE STATISTICAL ONE .
8 IN ITS DEFENCE BEFORE THE COURT THE FRENCH REPUBLIC HAS CLAIMED THAT , SINCE IT AMOUNTED TO A STATISTICAL CHECK , THE MEASURE IN QUESTION CANNOT BE SAID TO BE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON EXPORTS BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 34 .
9 IT IS CLAIMED THAT THE CONTENT OF THE INFORMATION BULLETINS , WHICH WERE INTENDED FOR ' INTERNAL USE ' , THAT IS TO SAY TO ' SATISFY CERTAIN CATEGORIES OF PUBLIC OPINION ' , CANNOT TAKE PRECEDENCE OVER THE OFFICIAL ATTITUDE OF THE FRENCH GOVERNMENT WHICH WAS THAT , AS REGARDS INTRA-COMMUNITY TRADE , THE ACTION TO BE TAKEN ON COMPLETION OF THE FORMALITIES WAS