AS TO THE SANCTION IN THE CASE WHERE SKIMMED MILK IS NOT PROCESSED AND IN THE CASE WHERE AFTER PROCESSING THE PRODUCT DEVIATES SLIGHTLY FROM THE FORMULA LAID DOWN IN THE PROVISIONS OF THE REGULATION . ' '
5 THE QUESTION THUS RAISED BY THE COURT MAKING THE REFERENCE RELATES IN THE FIRST PLACE TO THE VALIDITY OF REGULATION NO 987/68 OF THE COUNCIL . IT SHOULD BE OBSERVED IN THAT REGARD THAT THE QUESTION OF BREACH OF THE PRINCIPLE OF PROPORTIONALITY DOES NOT ARISE IN RELATION TO THAT REGULATION . THE PREAMBLE TO THAT REGULATION STATES MERELY THAT AID FOR THE PROCESSING OF SKIMMED MILK INTO CASEIN AND CASEINATES IS GRANTED ONLY IF THOSE PRODUCTS REACH ' ' CERTAIN STANDARDS ' ' ; THOSE STANDARDS WERE LAID DOWN SUBSEQUENTLY BY REGULATION NO 756/70 OF THE COMMISSION .
6 ACCORDINGLY , IN ORDER TO ANSWER THE QUESTION RAISED BY THE COURT MAKING THE REFERENCE , IT IS NECESSARY ONLY TO ASCERTAIN WHETHER THE WITHHOLDING OF THE AID , AS PROVIDED FOR BY REGULATION NO 756/70 , IN THE EVENT OF THE PRODUCER ' S FAILURE TO COMPLY WITH THE MAXIMUM WATER CONTENT , IS A MEASURE PROPORTIONATE TO THE OBJECTIVE PURSUED BY THE COMMUNITY LEGISLATION ON THE AID TO BE GRANTED FOR SKIMMED MILK PROCESSED INTO CASEIN AND CASEINATES .
7 REGULATION ( EEC ) NO 804/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 176 ) PROVIDES , IN ARTICLE 11 ( 1 ), THAT AID IS TO BE GRANTED FOR COMMUNITY-PRODUCED SKIMMED MILK PROCESSED INTO CASEIN ' ' IF SUCH MILK AND THE CASEIN PRODUCED FROM IT REACH CERTAIN STANDARDS ' ' , TO BE DEFINED IN SUBSEQUENT REGULATIONS . REGULATION NO 987/68 EXTENDS TO CASEINATES THE SAME TREATMENT AS THAT ACCORDED TO CASEIN . AMONGST THE CONDITIONS WHICH MUST BE SATISFIED IF THE AID IS TO BE GRANTED , REGULATION NO 756/70 INCLUDES THOSE RELATING TO QUALITY SET OUT IN THE ANNEXES THERETO .
8 THE SOCIETE ARGUES THAT MAINTENANCE OF HIGH QUALITY IN THE PRODUCTION OF CASEINATES BY IMPOSITION OF THE REQUIREMENT THAT THE MAXIMUM WATER CONTENT MUST BE COMPLIED WITH IS A SECONDARY OBJECTIVE COMPARED WITH THE PROMOTION OF THE PROCESSING OF SKIMMED MILK INTO CASEINATES AND THAT , ACCORDINGLY , THE REFUSAL TO GRANT ANY AID WHATEVER WHERE THE MAXIMUM WATER CONTENT IS EXCEEDED IS QUITE OUT OF PROPORTION IF IT IS USED TO ENSURE THE ATTAINMENT OF AN OBJECTIVE WHICH IS OF MARGINAL IMPORTANCE WHEN THE PRINCIPAL OBJECTIVE OF THE COMMUNITY LEGISLATION IS ACHIEVED IN ITS ENTIRETY . THE COMMISSION , HOWEVER , CONTENDS THAT THE TWO OBJECTIVES IN QUESTION ARE OF EQUAL IMPORTANCE AND THAT THEIR ATTAINMENT CAN AND MUST BE GUARANTEED BY THE SAME MEANS .
9 IT MUST BE EMPHASIZED IN THAT REGARD THAT MAINTENANCE OF THE QUALITY OF THE PRODUCT CONSTITUTES A FUNDAMENTAL OBJECTIVE OF