Pigs Marketing Board v Raymond Redmond.
Date: 1978-11-29
23FOR THIS REASON THE GOVERNMENT HAS ASKED THE COURT , IN ORDER TO PERMIT IT TO WORK OUT ITS POSITION FOR THE ORAL HEARING , TO INDICATE BEFORE HAND THE QUESTIONS WHICH IT REGARDS AS RELEVANT .
25AS REGARDS THE DIVISION OF JURISDICTION BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY THE NATIONAL COURT , WHICH IS ALONE IN HAVING A DIRECT KNOWLEDGE OF THE FACTS OF THE CASE AND OF THE ARGUMENTS PUT FORWARD BY THE PARTIES , AND WHICH WILL HAVE TO GIVE JUDGMENT IN THE CASE , IS IN THE BEST POSITION TO APPRECIATE , WITH FULL KNOWLEDGE OF THE MATTER BEFORE IT , THE RELEVANCE OF THE QUESTIONS OF LAW RAISED BY THE DISPUTE BEFORE IT AND THE NECESSITY FOR A PRELIMINARY RULING SO AS TO ENABLE IT TO GIVE JUDGMENT .
26HOWEVER , IN THE EVENT OF QUESTIONS '  HAVING BEEN IMPROPERLY FORMULATED OR GOING BEYOND THE SCOPE OF THE POWERS CONFERRED ON THE COURT OF JUSTICE BY ARTICLE 177 , THE COURT IS FREE TO EXTRACT FROM ALL THE FACTORS PROVIDED BY THE NATIONAL COURT AND IN PARTICULAR FROM THE STATEMENT OF GROUNDS CONTAINED IN THE REFERENCE , THE ELEMENTS OF COMMUNITY LAW REQUIRING AN INTERPRETATION - OR , AS THE CASE MAY BE , AN ASSESSMENT OF VALIDITY - HAVING REGARD TO THE SUBJECT-MATTER OF THE DISPUTE .
52WITH A VIEW TO ANSWERING THESE QUESTIONS IT IS NECESSARY TO CLARIFY FIRST THE RELATIONSHIP EXISTING ON THE ONE HAND BETWEEN THE REGULATIONS MENTIONED BY THE RESIDENT MAGISTRATE , NAMELY REGULATIONS NOS 121/67 AND 2759/75 AND , ON THE OTHER HAND , THE PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND MORE PARTICULARLY ARTICLES 30 AND 34 OF THE TREATY .
53REGULATION NO 121/67 , WHICH WAS APPLICABLE AT THE TIME OF THE ACCESSION OF THE UNITED KINGDOM , CONTAINS IN ARTICLE 19 EXPRESS PROVISIONS RELATING TO THE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS .
54THE FACT THAT THESE PROVISIONS WERE NOT RE-ADOPTED IN REGULATION NO 2759/75 , THE PURPOSE OF WHICH WAS TO CONSOLIDATE THE WHOLE OF THE EXISTING PROVISIONS ON THIS SUBJECT , IS DUE , AS HAS BEEN EXPLAINED BY THE COMMISSION , TO THE FACT THAT IT IS CURRENT PRACTICE NOT TO INSERT IN THE CONSOLIDATED TEXT OF AGRICULTURAL REGULATIONS ANY PROVISIONS WHICH MERELY RE-ENACT THE PROVISIONS OF THE TREATY ITSELF .
55IT FOLLOWS THAT , HAVING REGARD TO THE STRUCTURE OF REGULATION NO 2759/75 , WHICH IS NOW IN FORCE , THE PROVISIONS OF THE TREATY RELATING TO THE ABOLITION OF TARIFF AND COMMERCIAL BARRIERS TO INTRA-COMMUNITY TRADE AND IN PARTICULAR ARTICLES 30 AND 34 ON THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND OF ALL MEASURES HAVING EQUIVALENT EFFECT ON IMPORTS AND EXPORTS ARE TO BE REGARDED AS AN INTEGRAL PART OF THE COMMON ORGANIZATION OF THE MARKET .
56AS THE COURT HAS STATED IN ITS JUDGMENT OF 18 MAY 1977 IN CASE 111/75 OFFICIER VAN JUSTITIE V VAN DEN HAZEL (( 1977 ) ECR AT P . 909 ) ONCE THE COMMUNITY HAS , PURSUANT TO ARTICLE 40 OF THE TREATY , LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .
57WITH A VIEW TO APPLYING THAT STATEMENT IN THE CASE OF THE PIGS MARKETING SCHEME IT SHOULD BE BORNE IN MIND THAT THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , LIKE THE OTHER COMMON ORGANIZATIONS , IS BASED ON THE CONCEPT OF AN OPEN MARKET TO WHICH EVERY PRODUCER HAS FREE ACCESS AND THE FUNCTIONING OF WHICH IS REGULATED SOLELY BY THE INSTRUMENTS PROVIDED FOR BY THAT ORGANIZATION .
66IT SHOULD FURTHER BE STATED IN REPLY TO THE QUESTIONS RAISED BY THE RESIDENT MAGISTRATE THAT ALL THE PROVISIONS QUOTED ARE DIRECTLY APPLICABLE AND THAT AS SUCH THEY CONFER ON INDIVIDUALS RIGHTS WHICH THE COURTS OF MEMBER STATES MUST PROTECT .
67THIS RESULT FLOWS ON THE ONE HAND FROM THE VERY NATURE OF ARTICLES 30 AND 34 OF THE TREATY AND ON THE OTHER HAND FROM ARTICLE 189 IN THE TERMS OF WHICH REGULATIONS ARE ' ' DIRECTLY APPLICABLE IN ALL MEMBER STATES ' ' .