Judgment of the Court of 17 January 1980. - Procureur du Roi v Charles Kefer and Louis Delmelle. - References for a preliminary ruling: Tribunal de première instance de Namur - Belgium. - National measures freezing agricultural prices. - Joined cases 95/79 and 96/79.
European Court reports 1980 Page 00103
Greek special edition Page 00069
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS
( EEC TREATY , ART . 177 )
2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRICE FORMATION - NATIONAL MEASURES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA
3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PIGMEAT - BEEF AND VEAL - SELLING PRICE TO THE CONSUMER - MAXIMUM GROSS PROFIT MARGIN - UNILATERAL FIXING THEREOF BY A MEMBER STATE - PERMISSIBLE - CONDITIONS
( REGULATION NO 121/67/EEC AND REGULATION ( EEC ) NO 805/68 OF THE COUNCIL )
Summary
1 . ALTHOUGH , WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE EEC TREATY , IT IS NOT FOR THE COURT TO GIVE A RULING ON THE COMPATIBILITY OF RULES OF INTERNAL LAW WITH PROVISIONS OF COMMUNITY LAW , THE COURT IS COMPETENT TO SUPPLY THE NATIONAL COURT WITH ANY CRITERIA OF INTERPRETATION COMING WITHIN COMMUNITY LAW ENABLING THAT COURT TO DETERMINE WHETHER SUCH RULES ARE COMPATIBLE WITH THE COMMUNITY RULE EVOKED .
2 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , AND A FORTIORI WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION . HOWEVER , PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES , ON CONDITION THAT THEY DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION , IN PARTICULAR ITS PRICE SYSTEM .
3 . REGULATION NO 121/67/EEC OF THE COUNCIL AND REGULATION ( EEC ) NO 805/68 OF THE COUNCIL , ON THE COMMON ORGANIZATIONS OF THE MARKETS IN PIGMEAT AND IN BEEF AND VEAL , RESPECTIVELY , BOTH VIEWED IN THE LIGHT OF REGULATIONS NOS 2305/71 , 1351/73 AND 1133/74 AS REGARDS PIGMEAT AND REGULATIONS NOS 1652/72 , 1192/73 AND 667/74 AS REGARDS BEEF AND VEAL , DO NOT PROHIBIT THE UNILATERAL FIXING BY A MEMBER STATE OF A MAXIMUM GROSS PROFIT MARGIN FOR THE RETAIL OF PIGMEAT OR BEEF AND VEAL WHICH IS CALCULATED ESSENTIALLY ON THE BASIS OF THE PURCHASE PRICES CHARGED AT PREVIOUS MARKETING STAGES AND WHICH VARIES ACCORDING TO THOSE PRICES , PROVIDED THAT THE PURCHASE PRICES USED IN THE CALCULATION OF THE PROFIT MARGIN