OTHER PRODUCERS AND PURCHASERS SUPPLIED BY THEM?
( 2 ) WHERE A MEMBER STATE HAS CHOSEN 1981 AS THE REFERENCE YEAR , DOES ARTICLE 2 ( 1 ) AND ( 2 ) OF COUNCIL REGULATION NO 857/84 PERMIT THE REFERENCE QUANTITY REFERRED TO IN ARTICLE 2 ( 1 ) TO BE WEIGHTED BY A PERCENTAGE WHICH VARIES ON THE BASIS OF THE LEVEL OF DELIVERIES OF CERTAIN CATEGORIES OF THOSE SUBJECT TO THE LEVY DESPITE THE FACT THAT ARTICLE 2 ( 2 ) EXPRESSLY PROVIDES FOR THAT POSSIBILITY ONLY WHERE THE MEMBER STATE HAS CHOSEN THE 1982 OR 1983 CALENDAR YEAR AS THE REFERENCE YEAR?
( 3 ) DOES THE GENERAL SCHEME OF COUNCIL REGULATION NO 857/84 , AND IN PARTICULAR ARTICLES 2 ( 2 ), 4 ( 2 ) AND 8 ( 1 ) THEREOF , PERMIT A MEMBER STATE WHICH HAS OPTED FOR FORMULA B TO ADD THE INDIVIDUAL REFERENCE QUANTITY OF A PRODUCER WHO HAS DISCONTINUED DELIVERIES AS A RESULT OF CEASING TRADING TO THE RESERVE OF THE PURCHASER TO WHOM THAT PRODUCER MADE DELIVERIES OF MILK , INSTEAD OF ADDING THAT QUANTITY TO THE NATIONAL RESERVE?
( 4 ) DOES COUNCIL REGULATION NO 857/84 , AND MORE PARTICULARLY ARTICLE 4 ( 2 ) THEREOF , PERMIT A MEMBER STATE TO ADD TO THE RESERVE OF THE LAST PURCHASER THE INDIVIDUAL REFERENCE QUANTITY OF A SUPPLIER WHO HAS DISCONTINUED PRODUCTION , EVEN WHERE ADDITIONAL QUANTITIES DRAWN FROM THE NATIONAL RESERVE HAVE BEEN ADDED THERETO?
( 5 ) IF QUESTION 4 IS ANSWERED IN THE AFFIRMATIVE , DOES COUNCIL REGULATION NO 857/84 PERMIT THAT REFERENCE QUANTITY TO BE ADDED TO THE RESERVE OF THE LAST PURCHASER TO WHOM THE FORMER SUPPLIER HAS DELIVERED MILK FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS?
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THE FIRST QUESTION
6 IN ITS FIRST QUESTION THE NATIONAL COURT ESSENTIALLY ASKS WHETHER THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE EEC TREATY PRECLUDES A MEMBER STATE FROM CHOOSING 1981 AS THE REFERENCE YEAR WITHIN THE MEANING OF ARTICLE 2 OF COUNCIL REGULATION NO 857/84 OF 31 MARCH 1984 , IF THE IMPLEMENTATION OF THAT OPTION IN ITS TERRITORY LEADS TO DISCRIMINATION BETWEEN PRODUCERS IN THE COMMUNITY .
7 THE APPLICANTS IN THE MAIN PROCEEDINGS MAINTAIN THAT , AS A RESULT OF THE DEVELOPMENT OF THE LUXEMBOURG MARKET IN MILK PRODUCTS SINCE 1981 , THE CHOICE OF 1981 AS THE REFERENCE YEAR HAS THE EFFECT OF FAVOURING THE BIGGEST PURCHASER , THAT IS TO SAY LUXLAIT , TO THE DETRIMENT OF THE OTHER PURCHASERS . FOR ITS PART , THE LUXEMBOURG GOVERNMENT ARGUES THAT IN OPTING FOR 1981 AS THE REFERENCE YEAR IT TOOK ACCOUNT OF THE FACT THAT DAIRIES IN LUXEMBOURG ARE STRUCTURED DIFFERENTLY AS REGARDS THE MILK PRODUCTION OF THEIR PRODUCERS . IN ITS VIEW , THE APPLICATION OF EITHER FORMULA FOR ALLOCATING THE QUOTAS IS BOUND TO HAVE THE EFFECT OF DISTRIBUTING THE BURDENS UNEVENLY AMONGST THE VARIOUS OPERATORS , DEPENDING ON THE STAGE