EXPORT ITS PRODUCTION DIRECTLY AND WITHDREW FROM THE SCHEME AS FROM 30 APRIL 1975 . FROM THAT DATE IT HAS REFUSED TO PAY THE LEVY TO THE PBC AND HAS BEEN DEPRIVED OF THE EXPORT BONUS .
6 THE ACTION BROUGHT AGAINST MCCARREN & CO . BEFORE THE HIGH COURT CONCERNS THE CLAIM BY THE PBC FOR THE LEVY TO WHICH IT CONSIDERS ITSELF ENTITLED BY LAW . MCCARREN & CO . FOR ITS PART HAS MADE A COUNTERCLAIM FOR REIMBURSEMENT OF THE LEVY PAID BY IT SUBSEQUENT TO 1 FEBRUARY 1973 , THE DATE OF THE APPLICATION IN IRELAND OF THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT AND UNTIL IT SEVERED ITS LINKS WITH THE PBC .
7 MCCARREN & CO . CLAIMED BEFORE THE NATIONAL COURT THAT THE ACTIVITIES OF THE PBC AS REGARDS THE CHARGING OF THE LEVY ON PIG CARCASSES AND THE APPLICATION OF THE PROCEEDS TO THE PAYMENT OF A BONUS RESERVED EXCLUSIVELY FOR PRODUCERS EXPORTING THEIR BACON THROUGH THE INTERMEDIARY OF THE PBC WERE INCOMPATIBLE WITH THE EEC TREATY AND THE REGULATIONS RELATING TO THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT .
8 HAVING REGARD TO THE ARGUMENTS PUT FORWARD BY THE PARTIES TO THE DISPUTE THE HIGH COURT REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING NINE QUESTIONS WITHIN THE CONTEXT OF THE PRINCIPAL PROCEEDINGS AND A TENTH ADDITIONAL QUESTION RELATING TO THE COUNTERCLAIM . THE QUESTIONS ARE AS FOLLOWS :
1 . ( A ) WHETHER ARTICLES 92 AND 93 ARE TO BE INTERPRETED AS IMPOSING AN OBLIGATION TO INFORM THE COMMISSION UNDER PARAGRAPH ( 3 ) OF ARTICLE 93 OF THE AGREEMENT ENTERED INTO AS TO THE MARKETING SYSTEM WHICH WOULD OPERATE AFTER 1 FEBRUARY 1973 , AND/OR OF THE CHANGES IN THE SYSTEM WHICH OCCURRED SINCE FEBRUARY 1973?
( B)IF SO , WHETHER THE FAILURE TO INFORM THE COMMISSION MEANS THAT THE SYSTEM WAS INVALID FOR SOME OR ALL OF THE PERIOD SINCE 1973?
IF THE ANSWERS TO ( A ) AND ( B ) ARE IN THE AFFIRMATIVE , WHETHER THE LEVY IS PAYABLE FOR THE PERIOD OF INVALIDITY?
2.IF THE ANSWER TO 1 ( A ) IS IN THE NEGATIVE , WHETHER ARTICLE 92 IS TO BE INTERPRETED AS IMPOSING AN OBLIGATION ON A NATIONAL COURT WHERE IT CONSIDERS THAT A STATE AID MAY BE INCOMPATIBLE WITH ARTICLE 92 TO REFER TO THE EUROPEAN COURT OF JUSTICE FOR DECISION THE QUESTION WHETHER THE MARKETING SYSTEM IS INCOMPATIBLE WITH THE PROVISIONS OF ARTICLE 92 ( 1 ) AND ( 2 ) AND IF THE QUESTION IS ANSWERED AFFIRMATIVELY BY THAT COURT WHETHER THE NATIONAL COURT SHOULD THEN STAY PROCEEDINGS BEFORE IT PENDING AN ADJUDICATION ON THE SYSTEM BY THE COMMISSION UNDER ARTICLE 93?
3 . IF THE ANSWERS TO 1 AND 2 ABOVE ARE IN THE NEGATIVE
( A)THEN ARE ARTICLES 92 AND 93 TO BE INTERPRETED AS MEANING THAT WHEN A STATE GRANTS AID TO WHICH THESE ARTICLES APPLY THE COMPATIBILITY OF THE AID