TO FINANCE THE ADMINISTRATIVE AND OTHER EXPENSES OF THE COUNCIL BY THE PAYMENT OF AN ANNUAL CHARGE ,
IN SO FAR AS THE ACTIVITIES OF THE COUNCIL CONSIST IN COMPILING STATISTICS , PROMOTING OR UNDERTAKING RESEARCH , MAKING THE RESULTS THUS OBTAINED AVAILABLE TO GROWERS AND GIVING GROWERS TECHNICAL ADVICE ABOUT FRUIT-GROWING .
( B)THE SAID PROVISIONS DO NOT PREVENT SUCH A BODY FROM DRAWING ATTENTION , IN ITS PUBLICITY , TO THE SPECIFIC QUALITIES OF FRUIT PRODUCED WITHIN THE MEMBER STATE IN QUESTION OR FROM ORGANIZING CAMPAIGNS TO PROMOTE THE SALE OF CERTAIN VARIETIES , MENTIONING THEIR PARTICULAR PROPERTIES , EVEN IF THOSE VERIETIES ARE TYPICAL OF NATIONAL PRODUCTION ; ON THE OTHER HAND , IT WOULD BE CONTRARY TO ARTICLE 30 OF THE TREATY FOR SUCH A BODY TO ENGAGE IN PUBLICITY INTENDED TO DISCOURAGE THE PURCHASE OF PRODUCTS FROM OTHER MEMBER STATES OR TO DISPARAGE THOSE PRODUCTS IN THE EYES OF CONSUMERS , OR TO ADVISE CONSUMERS TO PURCHASE DOMESTIC PRODUCTS SOLELY BY REASON OF THEIR NATIONAL ORIGIN .
( C)THE SAID PROVISIONS DO NOT PREVENT SUCH A BODY FROM ADDRESSING TO GROWERS , WITHIN THE FRAMEWORK OF ITS GENERAL ADVISORY ROLE , RECOMMENDATIONS CONCERNING THE QUALITY AND PRESENTATION OF THE FRUIT MARKETED ; ON THE OTHER HAND , IN VIEW OF THE EXHAUSTIVE NATURE OF THE SYSTEM OF COMMON QUALITY STANDARDS IT WOULD BE UNLAWFUL FOR SUCH A BODY TO ATTEMPT TO IMPOSE COMPLIANCE WITH STANDARDS DIFFERENT FROM THOSE COMMON STANDARDS , BY APPLYING ANY SORT OF SANCTIONS OR BY USING THE AUTHORITY VESTED IN IT BY ITS CONSTITUTION TO BRING PRESSURE TO BEAR ON GROWERS OR TRADERS .
( D)THE SAID PROVISIONS RENDER UNLAWFUL THE REQUIREMENT FOR GROWERS TO BECOME MEMBERS OF SUCH A BODY OR TO FINANCE ITS ACTIVITIES BY THE PAYMENT OF A CHARGE , IF AND IN SO FAR AS THOSE ACTIVITIES ARE CONTRARY TO THE SAID PROVISIONS .
2.THE FACT THAT THE COUNCIL IN QUESTION WAS CREATED AND MAINTAINED WITH THE EXPRESS APPROVAL OF GROWERS REPRESENTING MORE THAN HALF OF THE LAND PLANTED AND AFTER CONSULTATION WITH ORGANIZATIONS APPARENTLY REPRESENTING A LARGE NUMBER OF PERSONS CARRYING ON BUSINESS OR EMPLOYED IN THE INDUSTRY DOES NOT AFFECT THE REPLY GIVEN TO THE FIRST QUESTION .
3.(A)ARTICLES 30 AND 34 OF THE TREATY AND THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS CONFER UPON INDIVIDUALS RIGHTS WHICH THEY MAY ENFORCE BEFORE THE COURTS OF A MEMBER STATE .
( B)THOSE PROVISIONS MAY BE RAISED AS A DEFENCE TO A CLAIM FOR PAYMENT OF A CHARGE WHICH IS INCOMPATIBLE THEREWITH AND MAY BE RAISED AS A GROUND FOR CLAIMING RESTITUTION OF SUCH A CHARGE , EVEN IF PAYMENT TOOK PLACE BEFORE THAT INCOMPATIBILITY WAS DECLARED IN AN INTERPRETATION GIVEN BY THE COURT UNDER ARTICLE 177 OF THE TREATY .
( C)WHERE A CHARGE WHICH SERVES TO FINANCE A BODY SOME OF WHOSE ACTIVITIES ARE HELD TO BE CONTRARY TO COMMUNITY LAW , IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER , IN