A RULING ON THE COMPATIBILITY OF RULES OF INTERNAL LAW WITH PROVISIONS OF COMMUNITY LAW .
9ON THE OTHER HAND , THE COURT IS COMPETENT TO SUPPLY THE NATIONAL COURT WITH ANY CRITERIA COMING WITHIN COMMUNITY LAW ENABLING THAT COURT TO DETERMINE WHETHER SUCH RULES ARE COMPATIBLE WITH THE COMMUNITY RULE EVOKED .
10THEREFORE THE QUESTION SUBMITTED MUST BE TAKEN AS ASKING WHETHER AND TO WHAT EXTENT REGULATION NO 121/67/EEC OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ALLOWS A POWER TO CONTINUE TO EXIST ON THE PART OF MEMBER STATES TO REGULATE BY MEANS OF INTERNAL RULES SELLING PRICES TO THE CONSUMER IN THIS SECTOR .
11REGULATION NO 121/67 ON PIGMEAT , ADOPTED WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY AND LAST AMENDED , AT THE TIME OF THE FACTS MATERIAL TO THE MAIN ACTION , BY REGULATION NO 1861/74 OF THE COUNCIL OF 15 JULY 1974 ( OFFICIAL JOURNAL 1974 , L 197 , P . 3 ), IS INTENDED TO ESTABLISH A COMMON ORGANIZATION OF THE MARKET WITHIN THE MEANING OF ARTICLE 40 OF THE EEC TREATY .
12THIS COMMON ORGANIZATION OF THE MARKET IS INTENDED , AS IS EMPHASIZED REPEATEDLY IN THE PREAMBLE TO THE REGULATION , TO CREATE FOR THE COMMUNITY A SINGLE MARKET IN PIGMEAT SUBJECT TO COMMON ADMINISTRATION .
13IN ORDER TO BRING ABOUT THIS SINGLE MARKET , THE REGULATION ESTABLISHED A SYSTEM COMPRISING A SET OF MATERIAL RULES AND OF POWERS , INCLUDING A FRAMEWORK OF ORGANIZATION CALCULATED TO MEET ALL FORESEEABLE SITUATIONS .
14A CENTRAL PLACE IN THIS SYSTEM IS HELD BY THE PRICE SYSTEM PROVIDED FOR BY ARTICLES 4 AND 5 OF THE REGULATION AND APPLICABLE , UNDER ARTICLE 4 ( 1 ) AND ( 2 ), AT THE SLAUGHTERING STAGE , THAT IS THE PRODUCTION AND WHOLESALE STAGE .
15SO AS TO ENSURE THE FREEDOM OF INTERNAL TRADE REGULATION NO 121/67 ALSO COMPRISES A SET OF RULES INTENDED TO ELIMINATE , AS LAID DOWN IN ARTICLE 19 , ALL THE OBSTACLES TO FREE MOVEMENT OF GOODS AND ALL DISTORTIONS IN INTRA- COMMUNITY TRADE DUE TO MARKET INTERVENTION BY MEMBER STATES .
16AS THE COURT HELD IN ITS JUDGMENT OF 23 JANUARY 1975 ( CASE 31/74 GALLI ( 1975 ) 1 ECR 47 ) AND IN ITS JUDGMENTS OF 26 FEBRUARY 1976 ( CASE 65/75 TASCA AND JOINED CASES 88 TO 90/75 SADAM ( 1976 ) ECR 291 AND 323 ), IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , AND A FORTIORI WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION .
17IT WAS HELD IN THE SAME JUDGMENTS THAT PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE