CERTAIN COMMUNITY RULES RELATING TO THE PAYMENT OF AID FOR THE MANUFACTURE OF CASEIN AND CASEINATES FROM SKIMMED MILK .
2 THIS QUESTION AROSE WITHIN THE CONTEXT OF AN ACTION BROUGHT BY AN IRISH MANUFACTURER OF MILK PRODUCTS ( HEREINAFTER REFERRED TO AS ' THE COMPANY ' ) AGAINST THE MINISTER FOR AGRICULTURE AND FISHERIES WHICH IS THE AGENCY IN IRELAND RESPONSIBLE FOR CARRYING OUT THE OPERATIONS AND ARRANGEMENTS OF THE COMMON AGRICULTURAL POLICY . THE DISPUTE BETWEEN THESE PARTIES CONCERNS THE RATE OF CONVERSION AS BETWEEN THE UNIT OF ACCOUNT AND THE IRISH POUND WHICH SHOULD BE APPLIED IN RESPECT OF COMMUNITY AID FOR CERTAIN QUANTITIES OF CASEIN WHICH HAD BEEN MANUFACTURED BY THE COMPANY BEFORE 7 OCTOBER , THE DATE ON WHICH THE CONVERSION RATE WAS ALTERED , BUT HAD NOT BEEN MARKETED UNTIL AFTER THAT DATE .
3 UNDER REGULATION NO 3061/73 OF THE COMMISSION OF 12 NOVEMBER 1973 , WHICH APPLIED AT THE MATERIAL TIME , THE AID HAD BEEN FIXED AT 3.20 U.A . PER 100 KG OF SKIMMED MILK . THE PARTIES IN THE MAIN ACTION ARE IN AGREEMENT AS TO THE AMOUNT IN UNITS OF ACCOUNT TO WHICH THE COMPANY IS ENTITLED IN RESPECT OF THE CASEIN IN QUESTION , AND THE DISPUTE ONLY CONCERNS THE CONVERSION RATE WHICH SHOULD BE APPLIED FOR CALCULATING THE AID IN NATIONAL CURRENCY .
4 THE HIGH COURT HAS ASKED THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING ON THE QUESTION WHETHER THE AMOUNT OF AID PAYABLE TO THE COMPANY IS TO BE CALCULATED WITH REFERENCE TO THE RATE OF EXCHANGE BETWEEN THE IRISH POUND AND THE UNIT OF ACCOUNT APPLICABLE ON THE DATE OF MANUFACTURE OR TO THE RATE OF EXCHANGE APPLICABLE ON THE DATE OF MARKING THE CASEIN .
5 FOR THE PURPOSE OF ANSWERING THIS QUESTION IT IS NECESSARY FIRST TO LOOK AT THE PROVISIONS OF REGULATION NO 1134/68 OF THE COUNCIL OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY ( JO L 188 , P . 1 - OJ , ENGLISH SPECIAL EDITION 1968 ( II ), P . 396 ).
6 ACCORDING TO ARTICLE 4 ( 2 ) OF THAT REGULATION SUMS OWED IN NATIONAL CURRENCY BY A MEMBER STATE FOR TRANSACTIONS UNDER THE COMMON AGRICULTURAL POLICY AND REPRESENTING AMOUNTS FIXED IN UNITS OF ACCOUNT SHALL BE PAID ON THE BASIS OF THE RELATIONSHIP BETWEEN THE UNIT OF ACCOUNT AND THE NATIONAL CURRENCY WHICH OBTAINED AT THE TIME WHEN THE TRANSACTION WAS CARRIED OUT .
7 THE MEANING OF THIS LATTER TERM FOR THE PURPOSES OF THE REGULATION IS DEFINED BY ARTICLE 6 ACCORDING TO WHICH THE TIME WHEN A TRANSACTION IS CARRIED OUT SHALL BE CONSIDERED TO BE THE DATE ON WHICH OCCURS THE EVENT BY WHICH ' THE AMOUNT INVOLVED IN THE TRANSACTION BECOMES DUE AND PAYABLE ' . THEREFORE , THE CRUCIAL ISSUE IN