D ) DID NOT SATISFY THE REQUIREMENT OF SUFFICIENCY OF REASONS LAID DOWN IN ARTICLE 190 OF THE EEC TREATY .
6 THE HIGH COURT OF JUSTICE CONSIDERED THAT THE PROCEEDINGS RAISED A QUESTION OF THE VALIDITY OF PROVISIONS OF COMMUNITY LAW AND, CONSEQUENTLY, DECIDED TO STAY THE PROCEEDINGS AND TO REFER THE FOLLOWING QUESTION TO THE COURT OF JUSTICE :
"ARE COMMISSION REGULATION ( EEC ) NO 3451/85 OF 6 DECEMBER 1985 AND COMMISSION REGULATION ( EEC ) NO 9/86 OF 3 JANUARY 1986, EACH AMENDING COMMISSION REGULATION ( EEC ) NO 1633/84 LAYING DOWN DETAILED RULES FOR APPLYING THE VARIABLE SLAUGHTER PREMIUM FOR SHEEP, INVALID IN SO FAR AS THEY REQUIRE 'CLAWBACK' PURSUANT TO ARTICLE 9 ( 3 ) OF COUNCIL REGULATION ( EEC ) NO 1837/80 TO BE CHARGED IN RESPECT OF PRODUCTS WHICH ARE NOT ELIGIBLE FOR VARIABLE SLAUGHTER PREMIUM?"
7 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED ACCOUNT OF THE FACTS OF THE CASE, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS PURSUANT TO ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC .
8 IN ORDER TO DETERMINE WHETHER THE CONTESTED PROVISIONS OF REGULATIONS NOS 3451/85 AND 9/86 ARE VALID, IT IS NECESSARY TO ASCERTAIN WHETHER THEY WERE ADOPTED WITHIN THE LIMITS OF THE POWERS CONFERRED ON THE COMMISSION BY ARTICLE 9 ( 3 ) OF COUNCIL REGULATION NO 1837/80 OF 27 JUNE 1980 ON THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT ( OFFICIAL JOURNAL 1980, L 183, P . 1 ), AS AMENDED BY COUNCIL REGULATION NO 871/84 OF 31 MARCH 1984 ( OFFICIAL JOURNAL 1984, L 90, P . 35 ).
9 AS THE COURT HELD IN ITS JUDGMENT OF TODAY' S DATE IN CASE 61/86, UNITED KINGDOM V COMMISSION, (( 1988 )) ECR 431, A COPY OF WHICH IS ANNEXED TO THIS JUDGMENT, THE WORDING OF ARTICLE 9 ( 3 ) CANNOT BE INTERPRETED AS CONFERRING ON THE COMMISSION A DISCRETION ENABLING IT TO REQUIRE THAT, WHEN ANIMALS AND PRODUCTS FOR WHICH NO VARIABLE SLAUGHTER PREMIUM HAS BEEN PAID LEAVE REGION 5, AN AMOUNT DETERMINED ON THE BASIS OF THAT PREMIUM IS TO BE CHARGED . AS THE CHARGING OF A SUM OF MONEY UPON EXPORTATION TO A MEMBER STATE CONSTITUTES IN PRINCIPLE AN OBSTACLE TO THE FREE MOVEMENT OF GOODS, ARTICLE 9 ( 3 ) AMOUNTS TO A DEROGATION FROM THE FUNDAMENTAL PRINCIPLES OF ANY COMMON ORGANIZATION OF THE MARKET AND MUST THEREFORE BE INTERPRETED NARROWLY .
10 THE REPLY TO THE QUESTION REFERRED TO THE COURT MUST THEREFORE BE THAT REGULATIONS NOS 3451/85 AND 9/86 ARE INVALID IN SO FAR AS THEY REQUIRE THAT, UPON EXPORTATION TO ANOTHER MEMBER STATE, AN AMOUNT DETERMINED ON THE BASIS OF THE VARIABLE SLAUGHTER PREMIUM BE CHARGED ON ANIMALS AND PRODUCTS WHICH ARE NOT ELIGIBLE FOR THE GRANT OF THE PREMIUM .
Decision on costs
COSTS
11 THE COSTS INCURRED BY THE UNITED KINGDOM AND BY THE