OF THE MONOPOLY ARE CLOSELY LINKED WITH THE SUPPORT OF CERTAIN CATEGORIES OF PRODUCER BY MEANS OF PURCHASE PRICES GUARANTEED BY LAW .
9A COMPARISON BETWEEN ARTICLE 37 ON THE ONE HAND AND ARTICLES 92 AND 93 ON THE OTHER SHOWS THAT THOSE PROVISIONS PURSUE THE SAME OBJECTIVE , WHICH IS TO ENSURE THAT THE TWO CATEGORIES OF INTERVENTION ON THE PART OF A MEMBER STATE , NAMELY ACTION BY A STATE MONOPOLY AND THE GRANTING OF AIDS , DO NOT DISTORT THE CONDITIONS OF COMPETITION WITHIN THE COMMON MARKET OR CREATE DISCRIMINATION AGAINST THE PRODUCTS OR TRADE OF OTHER MEMBER STATES .
HOWEVER , THE APPLICATION OF THOSE PROVISIONS PRESUPPOSES DISTINCT CONDITIONS PECULIAR TO THE TWO KINDS OF STATE MEASURE WHICH THEY ARE INTENDED TO GOVERN AND THEY DIFFER FURTHERMORE AS TO THEIR LEGAL CONSEQUENCES , ABOVE ALL IN THAT THE INTERVENTION OF THE COMMISSION PLAYS A LARGE PART IN THE IMPLEMENTATION OF ARTICLES 92 AND 93 WHILST ARTICLE 37 IS INTENDED TO BE DIRECTLY APPLICABLE .
A MEASURE EFFECTED THROUGH THE INTERMEDIARY OF A PUBLIC MONOPOLY WHICH MAY ALSO BE CONSIDERED AS AN AID WITHIN THE MEANING OF ARTICLE 93 IS CONSEQUENTLY GOVERNED BOTH BY THE PROVISIONS OF ARTICLE 37 AND BY THOSE APPLICABLE TO STATE AIDS .
IT FOLLOWS THAT THE OPERATIONS OF A STATE MONOPOLY ARE NOT EXEMPTED FROM THE APPLICATION OF ARTICLE 37 BY REASON OF THE FACT THAT THEY MAY AT THE SAME TIME BE CLASSIFIED AS AN AID WITHIN THE MEANING OF THE TREATY .
IT IS THEREFORE CLEAR THAT IN ALL CASES WHERE THE ARRANGEMENTS FOR MARKETING A PRODUCT SUCH AS SPIRITS ENTAIL THE INTERVENTION OF A PUBLIC MONOPOLY ACTING PURSUANT TO ITS EXCLUSIVE RIGHT THE SPECIFIC PROVISIONS OF ARTICLE 37 ARE APPLICABLE , EVEN IF THE RELATIONSHIP BETWEEN THE MONOPOLY AND PRODUCERS MAY BE IN THE NATURE OF AN AID .
10THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT ARTICLE 37 OF THE TREATY CONSTITUTES IN RELATION TO ARTICLES 92 AND 93 OF THAT TREATY A LEX SPECIALIS IN THE SENSE THAT STATE MEASURES , INHERENT IN THE EXERCISE BY A STATE MONOPOLY OF A COMMERCIAL CHARACTER OF ITS EXCLUSIVE RIGHT MUST , EVEN WHERE THEY ARE LINKED TO THE GRANT OF AN AID TO PRODUCERS SUBJECT TO THE MONOPOLY , BE CONSIDERED IN THE LIGHT OF THE REQUIREMENTS OF ARTICLE 37 .
11IN VIEW OF THAT ANSWER IT IS UNNECESSARY TO CONSIDER THE EXTENT TO WHICH THE PROVISIONS OF ARTICLES 92 AND 93 ARE APPLICABLE TO THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS , SUCH AS SPIRITS , WHICH ARE NOT YET SUBJECT TO A COMMON ORGANIZATION OF THE MARKET .
QUESTION 2
12QUESTION 2 ( A ) AND ( B ) CONCERNS THE POINT WHETHER ARTICLE 37 ( 1 ) AND ( 2 ) PROHIBITS AN INCREASE IN A TAX ON CONSUMPTION WHERE SUCH INCREASE , WHICH IN ITSELF IS NOT DISCRIMINATORY , IS ORGANIZED IN SUCH A WAY THAT THE ADDITIONAL REVENUE THEREBY OBTAINED IS INTENDED