. THUS THE CLAIMS SUBMITTED BY THE APPLICANTS MUST BE CONSIDERED BY WAY OF THAT ACTION AND MAY BE UPHELD , IF THEY ARE WELL FOUNDED , WITHOUT ITS BEING NECESSARY FOR THE DEFENDANTS TO ADOPT NEW LEGISLATIVE MEASURES .
SUBSTANCE
8 BY ITS JUDGMENT OF 19 OCTOBER 1977 , THE COURT ESTABLISHED THAT THE ABOLITION OF THE REFUNDS FOR QUELLMEHL AS FROM 1 AUGUST 1974 , TOGETHER WITH THE RETENTION OF THE REFUNDS FOR PRE-GELATINIZED STARCH , WAS INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY . THE SCOPE OF THAT FINDING OF UNLAWFULNESS WAS THE SUBJECT OF ARGUMENT BETWEEN THE PARTIES TO THE PRESENT CASES . THE COUNCIL AND THE COMMISSION MAINTAIN THAT THE ABOLITION OF THE REFUNDS FOR QUELLMEHL WAS RECOGNIZED TO BE UNLAWFUL ONLY AS REGARDS THE MANUFACTURE OF QUELLMEHL INTENDED FOR USE IN THE BAKERY INDUSTRY . MOREOVER , THE SAME CONCEPTION IS BEHIND COUNCIL REGULATIONS NOS 1125/78 AND 1127/78 , WHICH REINTRODUCED THE REFUNDS ONLY AS REGARDS THE QUELLMEHL INTENDED FOR THAT USE . THE APPLICANTS MAINTAIN THAT EQUALITY OF TREATMENT WITH PRE-GELATINIZED STARCH MUST BE ENSURED FOR QUELLMEHL IRRESPECTIVE OF THE USE TO WHICH IT IS PUT , THAT IS TO SAY NOT ONLY FOR QUELLMEHL INTENDED FOR HUMAN CONSUMPTION IN GENERAL , BUT ALSO FOR THAT USED AS AN INGREDIENT OF ANIMAL FEED .
9 IN ITS JUDGMENT OF 28 MARCH 1979 , CASE 90/78 GRANARIA BV V COUNCIL AND COMMISSION , THE COURT HELD THAT IN ESTABLISHING BY ITS JUDGMENT OF 19 OCTOBER 1977 IN JOINED CASES 117/76 AND 16/77 THAT THE ABOLITION OF THE REFUNDS WAS UNLAWFUL , IT CONSIDERED THAT THE PRINCIPLE OF EQUALITY HAD BEEN BREACHED TO THE DETRIMENT OF THE PRODUCERS OF QUELLMEHL ONLY ON THE ASSUMPTION THAT QUELLMEHL WAS PUT TO ITS TRADITONAL USES IN FOOD FOR HUMAN CONSUMPTION . THE TRADITONAL USE OF QUELLMEHL , AS IT HAD BEEN EXPLAINED IN THE COURSE OF THE PROCEDURE IN THE ABOVE-MENTIONED CASES , WAS LIMITED TO BREAD-MAKING , WHERE IT SERVED AS AN ADDITIVE TO PRODUCTS BASED ON RYE FLOUR . THAT TRADITONAL USE EXPLAINED WHY QUELLMEHL , AS THE COURT RECALLED IN ITS JUDGMENT , HAD BENEFITED FROM PRODUCTION REFUNDS IN GERMANY SINCE 1930 AND IN THE COMMUNITY SINCE THE FIRST COMMON ORGANIZATION OF THE MARKET IN CEREALS .
10 IT FOLLOWS THAT IS ONLY AS REGARDS THE QUELLMEHL USED FOR BREAD-MAKING THAT THE ABOLITION OF THE PRODUCTION REFUNDS FOR QUELLMEHL WAS INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY FOR THE REASONS ACCEPTED BY THE COURT IN ITS JUDGMENT OF 19 OCTOBER 1977 .
11 THE PROBLEM WHICH THEN ARISES IS WHETHER THE UNLAWFULNESS THUS ESTABLISHED IS OF SUCH A NATURE AS TO RENDER THE COMMUNITY LIABLE UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY .
12 THE FINDING THAT A LEGAL SITUATION RESULTING FROM THE LEGISLATIVE MEASURES OF THE COMMUNITY IS UNLAWFUL IS NOT SUFFICIENT IN ITSELF TO GIVE RISE TO SUCH LIABILITY . THE COURT HAS ALREADY EXPRESSED THAT VIEW IN ITS JUDGMENT OF