Piercarlo Bozzetti v Invernizzi SpA and Ministero del Tesoro.
Date: 1985-07-09
17 AS THE COURT STATED IN ITS JUDGMENT OF 19 DECEMBER 1968 , SALGOIL , TO WHICH THE PARTIES HAVE REFERRED , IT IS FOR THE LEGAL SYSTEM OF EACH MEMBER STATE TO DETERMINE WHICH COURT HAS JURISDICTION TO HEAR DISPUTES INVOLVING INDIVIDUAL RIGHTS DERIVED FROM COMMUNITY LAW , BUT AT THE SAME TIME THE MEMBER STATES ARE RESPONSIBLE FOR ENSURING THAT THOSE RIGHTS ARE EFFECTIVELY PROTECTED IN EACH CASE . SUBJECT TO THAT RESERVATION , IT IS NOT FOR THE COURT TO INTERVENE IN ORDER TO RESOLVE ANY QUESTIONS OF JURISDICTION WHICH MAY ARISE , WITHIN THE NATIONAL JUDICIAL SYSTEM , AS REGARDS THE DEFINITION OF CERTAIN LEGAL SITUATIONS BASED ON COMMUNITY LAW .
18 HOWEVER , AS THE COUNCIL HAS RIGHTLY REMARKED , THE WAY IN WHICH THE CO-RESPONSIBILITY LEVY IS DEFINED UNDER COMMUNITY LAW IS NOT WITHOUT SIGNIFICANCE AS REGARDS NATIONAL LAW . THERE IS THEREFORE SOME PURPOSE IN INFORMING THE NATIONAL COURT OF THE RULES OF COMMUNITY LAW WHICH MAY HELP TO SOLVE THE PROBLEM OF JURISDICTION WITH WHICH IT IS FACED .
30 IN ORDER TO RESOLVE THE DISPUTE CONCERNING THE METHOD OF FIXING THE CO-RESPONSIBILITY LEVY , IT SHOULD FIRST BE NOTED THAT , AS THE COURT THAS ALREADY STATED IN THE AFORESAID JUDGMENT OF 21 FEBRUARY 1979 , STOLTING , WHICH CONCERNED THE SAME LEVY , THE COUNCIL MUST BE RECOGNIZED AS HAVING A DISCRETIONARY POWER IN THIS SPHERE WHICH CORRESPONDS TO THE POLITICAL RESPONSIBILITIES WHICH ARTICLES 40 AND 43 IMPOSE UPON IT . WHEN THE COUNCIL INTRODUCED THE LEVY AND FIXED THE RULES FOR ITS APPLICATION , IT SELECTED FROM THE VARIOUS POSSIBILITIES OPEN TO IT THE ONE WHICH SEEMED MOST APPROPRIATE FOR THE AIM PURSUED , THAT AIM BEING TO EXERT DIRECT , ALBEIT MODERATE , PRESSURE ON THE PRICE PAID TO MILK PRODUCERS IN ORDER TO MAKE THEM AWARE OF THE LINK BETWEEN PRODUCTION AND OUTLETS FOR MILK PRODUCTS , AS IS STATED IN THE PREAMBLE TO REGULATION NO 1079/77 .
32 THE AIM OF REGULATION NO 1079/77 , WHICH IS CLEARLY INDICATED INTER ALIA IN THE FIRST TWO RECITALS IN ITS PREAMBLE , IS TO SOLVE THE PROBLEM OF THE IMBALANCE ON THE MARKET IN MILK WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF THE MARKET BY MEANS OF A CONCERTED EFFORT BY ALL COMMUNITY PRODUCERS IN EQUAL MEASURE , REGARDLESS OF THE QUALITY OF THEIR PRODUCTS AND THE USE TO WHICH THEY ARE PUT , THAT IS TO SAY REGARDLESS OF WHETHER MILK IS USED FOR DIRECT CONSUMPTION OR FOR THE PRODUCTION OF BUTTER , MILK POWDER , CHEESE OR OTHER PROCESSED PRODUCTS . IT IS ALSO IRRELEVANT WHETHER SUCH PRODUCTS ARE TO BE MARKETED WITHIN THE COMMON MARKET OR EXPORTED .
33 VIEWED IN THAT LIGHT , IT IS WHOLLY COMPATIBLE WITH ARTICLE 40 ( 3 ) OF THE TREATY , WHICH PROVIDES THAT ANY COMMON PRICE POLICY IN THE FRAMEWORK OF THE MARKET ORGANIZATION ' SHALL BE BASED ON COMMON CRITERIA AND UNIFORM METHODS OF CALCULATION ' , FOR THE CO-RESPONSIBILITY LEVY TO BE DETERMINED ON THE BASIS OF THE CENTRAL UNIT OF VALUE IN THE COMMON ORGANIZATION OF THE MARKET , NAMELY THE TARGET PRICE , WHICH IS FIXED BY REFERENCE TO A STANDARD TYPE OF MILK ACCEPTED AS TYPICAL OF COMMUNITY PRODUCTION .
34 THE FACT THAT THE INTRODUCTION OF THE CO-RESPONSIBILITY LEVY UNDER THE COMMON ORGANIZATION OF THE MARKET MAY AFFECT PRODUCERS IN DIFFERENT WAYS , DEPENDING UPON THE PARTICULAR NATURE OF THEIR PRODUCTION OR ON LOCAL CONDITIONS , CANNOT BE REGARDED AS DISCRIMINATION PROHIBITED BY ARTICLE 40 ( 3 ) OF THE TREATY IF THE LEVY IS DETERMINED ON THE BASIS OF OBJECTIVE RULES , FORMULATED TO MEET THE NEEDS OF THE GENERAL COMMON ORGANIZATION OF THE MARKET , FOR ALL THE PRODUCTS CONCERNED BY IT .