CONSTITUTED A DISCRIMINATORY DISTRIBUTION OF THE BURDEN OF COSTS BETWEEN THE VARIOUS AGRICULTURAL SECTORS AND BECAUSE MOREOVER SUCH AN OBLIGATION WAS NOT NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE IN VIEW , NAMELY , THE DISPOSAL OF STOCKS OF SKIMMED-MILK POWDER .
6 THE PLAINTIFF IN THE MAIN ACTION , WHICH WAS NOT A PARTY TO THE ACTIONS WHICH LED TO REFERENCE BEING MADE TO THE COURT , ACCORDINGLY TOOK THE VIEW THAT THE SECURITIES WHICH IT HAD PROVIDED OR PAID FOR COULD NOT BE REQUIRED OR A FORTIORI DECLARED FORFEIT SINCE THEY SERVED ONLY TO ENSURE THE PERFORMANCE OF AN OBLIGATION WHICH HAD BEEN UNLAWFULLY IMPOSED . IT FURTHER BELIEVES THAT SINCE IT WAS FOR THE SOLE PURPOSE OF AVOIDING THE PROVISION OF THOSE SECURITIES THAT IT IMPORTED FROM NON-MEMBER COUNTRIES CERTAIN COMPOUND FEEDINGSTUFFS WHICH IT MANUFACTURES UNDER A TEMPORARY IMPORTATION PROCEDURE RATHER THAN UNDER A PROCEDURE WHEREBY PRODUCTS ARE RELEASED INTO FREE CIRCULATION , IT SHOULD BE ENTITLED TO EXPORT REFUNDS ON THOSE COMPOUND FEEDINGSTUFFS AS IF THEY WERE IN FREE CIRCULATION IN THE COMMUNITY . FINALLY , ON AN ALTERNATIVE BASIS , IT ARGUES THAT IT IS ENTITLED IN ANY EVENT TO REFUNDS ON THE CEREAL COMPONENTS , WHICH ARE OF COMMUNITY ORIGIN , CONTAINED IN THE PRODUCTS WHICH IT EXPORTED . IT IS CLAIMING FROM THE ITALIAN ADMINISTRATION THE REFUND OR PAYMENT OF THE AMOUNTS EQUIVALENT TO THE SECURITIES FORFEITED AND THE REFUNDS WHICH HAVE BEEN REFUSED .
7 IN ORDER TO SETTLE THIS DISPUTE THE NATIONAL COURT REFERRED THE FOLLOWING QUESTIONS TO THE COURT :
' ' 1 . UNDER ARTICLE 177 OF THE TREATY IS A DECLARATION THAT A COMMUNITY REGULATION IS NULL AND VOID EFFECTIVE ERGA OMNES OR IS IT BINDING ONLY ON THE COURT A QUO ; MORE PARTICULARLY , IN THAT CASE MAY THE PRINCIPLE CONTAINED IN THE JUDGMENT OF 27 MARCH 1963 IN JOINED CASES 28 , 29 AND 30/62 BE EXTENDED TO A DECLARATION OF NULLITY?
2.AGAIN IN THE LATTER CASE , IS REGULATION NO 563/76 OF 15 MARCH 1976 NULL AND VOID FOR THE SAME REASONS AS THOSE SET OUT IN THE JUDGMENTS OF 5 JULY 1977 IN CASES 114 , 116 AND JOINED CASES 119 AND 120?
3.IF THE SAID REGULATION IS NULL AND VOID , MUST THE PRINCIPLES ON WHICH THE COMMUNITY LEGAL ORDER IS BASED BE HELD TO ALLOW OR NOT TO ALLOW UPON CERTAIN TERMS AND WITHIN CERTAIN TIME-LIMITS THE REFUND TO AN INDIVIDUAL OF A PAYMENT WHICH WAS NOT DUE , AND IF SO DOES THE DECLARATION OF NULLITY GIVE THE INDIVIDUAL HIMSELF THE RIGHT TO CLAIM BACK UNDER THE NATIONAL LAW OF THE VARIOUS STATES THE AMOUNT THAT HE HAS PREVIOUSLY PAID ON THE BASIS OF THE RULE WHICH HAS BEEN DECLARED NULL AND VOID AND , IF SO , IS THIS SUBJECT TO SPECIFIC TERMS OR TIME-LIMITS OR TO GIVEN CONDITIONS , ESPECIALLY HAVING REGARD TO THE CASE IN WHICH THE CLAIM IS FOR THE REIMBURSEMENT OF SUMS PAID BY THE