NO 2195/69 . THE PERSON CONCERNED CONTENDED THAT SUCH RECOVERY WAS NOT JUSTIFIED , HER MAIN SUBMISSION BEING THAT SHE ALTOGETHER CEASED SUPPLYING MILK AS FROM 7 SEPTEMBER 1970 AND THAT , HAVING IN FACT CONVERTED HER DAIRY HERD INTO ADULT BOVINE UNITS , SHE WAS OBLIGED TO DISCONTINUE ALL DIRECT INVOLVEMENT IN THE FARM , SELL HER LIVESTOCK AND LET THE PROPERTY ON A FARMING LEASE DATED 2 AUGUST 1971 WHICH TOOK EFFECT RETROACTIVELY FROM 1 NOVEMBER 1970 .
5 IN VIEW OF THE ARGUMENT PUT FORWARD BY THE FORMA AND CHALLENGED BY THE APPELLANT , THAT THE RECIPIENT OF THE PREMIUM CONTINUES TO BE BOUND BY THE UNDERTAKING WHICH HE GAVE IF HE DISPOSES OF THE FARM , THE NATIONAL COURT REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING THE FOLLOWING QUESTIONS :
1 . IS THE UNDERTAKING REFERRED TO IN ARTICLE 6 OF REGULATION NO 1975/69 OF THE COUNCIL AND ARTICLE 14 OF REGULATION NO 2195/69 OF THE COMMISSION GIVEN BY THE FARMER TO DISCONTINUE FULLY AND FINALLY THE SALE OF MILK AND MILK PRODUCTS OF A PERSONAL NATURE OR DOES IT ATTACH TO THE PROPERTY CONCERNED AND WHAT ARE THE CONSEQUENCES , AS REGARDS THE ENTITLEMENT TO THE PREMIUM , OF A DISPOSAL OF THE PROPERTY OR OF THE RIGHT TO FARM THE LAND?
2 . DOES THE UNDERTAKING ATTACH TO THE LIVESTOCK AND , IF THE DAIRY COWS FOR WHICH THE PREMIUM WAS GRANTED ARE DISPOSED OF , IS THE SELLER ' S OBLIGATION TRANSFERRED TO THE BUYER?
( A ) THE FIRST QUESTION
6 IN ORDER TO ENABLE AN ANSWER TO THIS QUESTION TO BE GIVEN TO THE NATIONAL COURT THE RULES AT ISSUE MUST BE EXAMINED , PRINCIPALLY IN THE LIGHT OF THE MAIN OBJECTIVES WHICH THEY SEEK TO ATTAIN . THE PREAMBLE TO REGULATION ( EEC ) NO 1975/69 OF THE COUNCIL STATES THAT , SINCE THE SITUATION IN MILK AND MILK PRODUCTS IN THE COMMUNITY IS ONE OF SURPLUSES , THAT REGULATION AIMS AT ENCOURAGING THE TENDENCY OF CERTAIN CATEGORIES OF FARMERS IN THE COMMUNITY TO ABANDON MILK PRODUCTION OR THE MARKETING OF MILK AND MILK PRODUCTS AND FOR THOSE PURPOSES INTRODUCES A PREMIUM FOR SLAUGHTERING DAIRY COWS AS WELL AS A PREMIUM FOR WITHHOLDING THE SAID PRODUCTS FROM THE MARKET . VIEWED IN THE LIGHT OF THOSE OBJECTIVES IT IS THEREFORE APPARENT FROM REGULATION NO 1975/69 THAT THE PRINCIPAL LEGAL REASON FOR THE GRANTING OF THE PREMIUM FOR WITHHOLDING MILK AND MILK PRODUCTS FROM THE MARKET AND FOR THE RETENTION OF THAT ADVANTAGE IS THE ACTUAL DISCONTINUATION OF ALL MARKETING OF THE SAID PRODUCTS FOR THE PERIOD OF FIVE YEARS SPECIFIED IN ARTICLE 11 OF THAT REGULATION IN RESPECT OF WHICH THE RECIPIENT HAS GIVEN AN UNDERTAKING PURSUANT TO ARTICLE 6 . IN THIS CONTEXT THE UNDERTAKING GIVEN BY THE RECIPIENT TO DESIST FROM MARKETING THE PRODUCTS IN QUESTION IS THE PRINCIPAL MEANS WHEREBY REGULATION NO 1975/69 SEEKS TO ATTAIN ITS OBJECTIVES SO THAT ANY FAILURE TO HONOUR