PURCHASER WOULD BE ABLE TO RE-ALLOCATE THAT QUANTITY TO HIS PRODUCERS AND THUS FAVOUR THE LATTER UNJUSTIFIABLY BY COMPARISON WITH PRODUCERS SUPPLYING OTHER PURCHASERS . FURTHERMORE , THAT INTERPRETATION WOULD HAVE THE RESULT OF BINDING TO HIS PREVIOUS PURCHASER A PRODUCER WHO HAD DISCONTINUED PRODUCTION BUT WISHED TO START UP AGAIN AND WOULD NOT ALLOW HIM TO CHOOSE ANOTHER PURCHASER IN THAT EVENT . HOWEVER , SUCH AN EFFECT CAN BE AVOIDED BY INTERPRETING THE AFOREMENTIONED PROVISIONS OF REGULATION NO 857/84 AS MEANING THAT THE SYSTEM OF ADJUSTING REFERENCE QUANTITIES APPLIES , MUTATIS MUTANDIS , WHERE A PRODUCER HAS CEASED PRODUCTION SPONTANEOUSLY . MOREOVER , THE DISCUSSION BEFORE THE COURT HAS NOT SHOWN ANY REASON WHY CASES OF PRODUCERS ' CEASING PRODUCTION AFTER HAVING BEEN GRANTED COMPENSATION SHOULD BE TREATED DIFFERENTLY FROM CASES OF PRODUCERS ' CEASING PRODUCTION SPONTANEOUSLY .
23 THOSE CONSIDERATIONS APPLY A FORTIORI WHERE THE PRODUCER IN QUESTION WAS INITIALLY GRANTED A SUPPLEMENTARY QUANTITY DRAWN FROM THE NATIONAL RESERVE PURSUANT TO ARTICLE 3 OR ARTICLE 4 OF REGULATION NO 857/84 , FOR EXAMPLE , IN THE CONTEXT OF THE IMPLEMENTATION OF A DEVELOPMENT PLAN .
24 IT SHOULD THEREFORE BE RULED IN REPLY TO THE THIRD AND FOURTH QUESTIONS THAT COUNCIL REGULATION NO 857/84 OF 31 MARCH 1984 PRECLUDES A MEMBER STATE WHICH HAS OPTED FOR FORMULA B FROM ADDING THE INDIVIDUAL REFERENCE QUANTITY OF A PRODUCER WHO HAS CEASED PRODUCTION TO THE REFERENCE QUANTITY OF THE PURCHASER TO WHOM THAT PRODUCER WAS SUPPLYING MILK AT THE TIME WHEN HE CEASED PRODUCTION , INSTEAD OF ADDING IT TO THE NATIONAL RESERVE .
THE FIFTH QUESTION
25 SINCE THE FIFTH QUESTION APPLIES ONLY IF THE FOURTH QUESTION IS ANSWERED IN THE AFFIRMATIVE , IT DOES NOT HAVE TO BE ANSWERED .
Decision on costs
COSTS
26 THE COSTS INCURRED BY THE LUXEMBOURG GOVERNMENT AND THE COMMISSION , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIFTH CHAMBER )
IN REPLY TO THE QUESTIONS SUBMITTED TO IT BY THE CONSEIL D ' ETAT DU GRAND-DUCHE DE LUXEMBOURG BY JUDGMENTS OF 21 JUNE 1985 , HEREBY RULES :
( 1 ) THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE TREATY PRECLUDES A MEMBER STATE FROM CHOOSING 1981 AS THE REFERENCE YEAR PURSUANT TO ARTICLE 2 OF COUNCIL REGULATION NO 857/84 OF 31 MARCH 1984 IF , OWING TO THE PARTICULAR CONDITIONS ON THE MARKET OF THAT STATE , THE IMPLEMENTATION OF THAT OPTION IN ITS TERRITORY LEADS TO DISCRIMINATION BETWEEN PRODUCERS WITHIN THE COMMUNITY .
( 2)ARTICLE 2 OF COUNCIL REGULATION NO 857/84 OF 31 MARCH 1984 PRECLUDES , EXCEPT FOR THOSE CASES EXPRESSLY PROVIDED FOR IN THE RULES , A