C-131/77
ECLI:EU:C:1978:95
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JUDGMENT OF THE COURT OF 3 MAY 1978 1
Firma Milac, Groß- und Außenhandel Arnold Noll v Hauptzollamt Saarbrücken (pre liminar y ruling requested by the Finanzgericht des Saarlandes)
"Whey"
Case 131/77
1. Agriculture — Monetary compensatory amounts — Application — Products affected — Products whose price depends on the price of products covered by intervention arrangements — Dependence of prices (Regulation No 974/71 of the Council, Art. 1 (2) (b))
2. Agriculture — Monetary compensatory amounts — Application to powdered whey — Article 1 of Regulation No 539/75 of the Commission— Invalidity
1. The price of a product which is appreciably owing to the incidence of covered by the common organization the variations in the latter price. of the markets depends within the meaning of Article 1 (2) (b) of Regu 2. Article 1 of Regulation (EEC) No lation No 974/71 on the price of a 539/75 of the Commission of product covered by intervention 28 February 1975 is invalid in so far arrangements under the common as it fixes compensatory amounts in organization of agricultural markets respect of trade in powdered whey. if the former price fluctuates
In Case 131/77
REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht des Saarlandes (Finance Court of the Saarland) for a pre liminary ruling in the action pending before that court between
FIRMA MILAC, GROSS- und AUSSENHANDEL ARNOLD NÖLL
and
HAUPTZOLLAMT (Principal Customs Office) SAARBRÜCKEN
1 — Language of the Caw: German.
JUDGMENT OF 3. 5. 1978 — CASE 131/77
concerning the validity and the interpretation of Article 1 of Regulation (EEC) No 539/75 of the Commission of 28 February 1975 (Official Journal L 57 of 3 March 1975, p. 2),
THE COURT
composed of: H. Kutscher, President, M. Sørensen and G. Bosco (Presidents of Chambers), A. M. Donner, J. Mertens de Wilmars, P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe and A. Touffait, Judges,
Advocate General: F. Capotorti Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts and Issues
The facts, the procedure and the obser 539/75 of the Commission of 28 vations submitted pursuant to Article 20 February 1975 (Official Journal 1975 L of the Protocol on the Statute of the 57, p. 2) fixing the monetary Court of Justice of the European compensatory amounts to be applied Communities may be summarized as from 3 March 1975 to powdered whey follows: was at variance with Regulation (EEC) No 974/71 of the Council of 12 May 1971 (Official Journal, English Special I — Facts and procedure Edition 1971 (I), p. 257) on certain measures of conjunctural policy to be Between 10 March and 5 May 1975 the taken in agriculture following the undertaking Milac, the plaintiff in the temporary widening of the margins of main action, imported from France into fluctuation for the currencies of certain Germany a quantity amounting in all to Member States. 129 000 kg of powdered whey, a The Finanzgericht des Saarlandes, product coming under subheading 04.02 A I of the Common Customs Tariff. before which proceedings were instituted, also doubted whether the The relevant customs office charged on contested regulation of the Commission these imported goods monetary was valid and expressed those doubts as compensatory amounts totalling DM follows: 6 927.30; the plaintiff in the main action contested the notice of assessment on "The authorization given in Article 1 the ground that Regulation (EEC) No (1) (a) of the regulation to a Member
MILAC v HAUPTZOIXAMT SAARBRÜCKEN
State the value of whose currency purification plants for the waste exceeds the margin permitted by inter product, whey, or to turn the whey into national rules in force on 12 May 1971 powder. The Senate considers that the to charge compensatory amounts price of powdered whey is therefore not applies, under Article 1 (2) of the regu determined by the proportion of lation, skimmed milk, in other words the (a) to products covered by intervention nutritional value of the whey.
The price arrangements under the common obtained for the powdered whey merely organization of agricultural reduces the expenses arising from the markets; disposal of the whey, which is not required, and which results from the (b) to products whose price depends on manufacture of the other milk products. the price of the products referred to under (a) and which are governed The Council has explained the reasons by the common organization of the prompting it to introduce monetary market or are the subject of a compensatory amounts.
The com specific arrangement under Article pensatory amounts should accordingly 235 of the Treaty. be limited to the amounts strictly necessary to compensate the incidence Powdered whey is a milk product, the of the monetary measures on the prices nutritional value of which depends on of basic products covered by the proportion of skimmed-milk intervention arrangements. These powder. The Senate however considers considerations have been expressed in that it is doubtful whether the price of Article 1 (3) of Regulation No 974/71. powdered whey therefore also depends That provision stipulates that the upon that of skimmed-milk powder. measures permitted under Article 1 (1), The price of powdered whey is subject in other words the charging of to wide fluctuations in the individual compensatory amounts on imports, are Member States; the price of the amount to be applied only where application of of skimmed-milk powder which has the monetary measures referred to in gone into its composition does not that paragraph would lead to distur however have a decisive influence on bances in trade. If these conditions are the market price of the powdered whey. not fulfilled the Commission would not It may be seen from the observations of have been entitled to fix by means of the EEC Commission of 29 July 1976 Article 1 of Regulation No 539/75 submitted to the Court of Justice of the monetary compensatory amounts for European Communities in Case 28/76, the importation of powdered whey.
The which have been produced by the decision of the Senate therefore plaintiff, that in the individual Member depends upon the answer given to States the prices of powdered whey are Question 2, if Question 1 is answered in determined by the production costs and the negative. by measures adopted by the individual The Finanzgericht consequently Member States for the protection of the referred the following questions to the environment. Whey is a by-product of Court of Justice by an order of the processing of milk which was 15 September 1977 which was received formerly discharged into running water at the Court Registry on 28 October: as a waste product where there was overproduction. If national provisions "1. Does Article 1 of Regulation (EEC) prohibit such procedure for reasons No 539/75 of the Commission of concerning the protection of the 28 February 1975 infringe Article 1 environment the dairies are compelled (2) (b) of Regulation (EEC) No either to set up special waste-water 974/71 of the Council of 12 May
JUDGMENT OF 3. 5. 1978 — CASE 131/77
1971 in so far as it fixes Council should be required to submit compensatory amounts for the observations. import of powdered whey, because the price of powdered whey does not depend upon the price of II — Written observations sub skimmed-milk powder? mitted pursuant to Article 20 of the Protocol on the If the answer to Question 1 is in the Statute of the Court of negative: Justice 2. Does Article 1 of Regulation (EEC) No 539/75 of the Commission of The plaintiff in the main action begins 28 February 1975 infringe Article 1 by describing the market in powdered (3) of Regulation (EEC) No whey, which is a by-product from the 974/71 of the Council of 12 May manufacture of cheese; it was previously 1971, according to which the discharged into the drainage system, a provisions of Article 1 (1) (the procedure subsequendy prohibited in charging and grant of order to conserve the environment. The compensatory amounts) are only to whey is processed into powder by evap be applied where application of the oration of the water and then still monetary measures referred to in contains between 10 and 12% albumen, that provision would lead to distur between 70 and 75% lactose, 8% bances in trade in agricultural mineral salts and between 4 and 5% products, or are compensatory water. Approximately 90% of the amounts absolutely necessary: powdered whey is used in the agri cultural sector as animal feed. (a) in order to compensate the incidence of the monetary The raw material is practically free and measures on the prices of basic the cost price of the finished product, products (in this case skimmed- which may be taken by way of example milk powder) even if the market as DM 55 to 65 per 100 kg, is made up price of powdered whey falls to of the manufacturing, storage and distri or below the production costs bution costs. Such selling prices are the or result of supply and demand on the (b) so as to avoid disturbances in market and divergences of 50 or indeed 100% sometimes occur. In 1976 trade caused by monetary measures, even if the market Community production amounted almost to 600 000 tonnes whilst the rest price for the product fluctuates over a period of time and in of the world produced only 200 000. amount so that monetary Community manufacturers received measures do not have any national export aids in 1975 and 1976. effect?" The profit margins for this period were approximately DM 1 per quintal whilst The Commission of the European the monetary compensation was DM 5.37. Communities, represented by Dr Götz zur Hausen, acting as Agent, and the With regard to the first question plaintiff in the main action, represented submitted by the Finanzgericht the by Mr Ehle of the Cologne Bar, plaintiff in the main action states that submitted written observations pursuant Article 1 of Regulation No 539/75 is at to Article 20 of the Protocol on the variance with Article 1 (2) (b) of Regu Statute of the Court of Justice. The lation No 974/71 of the Council since Court dismissed a request by the the price of powdered whey does not plaintiff in the main action that the depend on the price of skimmed-milk
MILAC v HAUFTZOLLAMT SAARBRÜCKEN
powder in respect of which intervention action recalls that the sole factor measures were provided within the constituting the market price of framework of the common organization powdered whey is the processing cost of the agricultural markets. Account since the value of the raw material does should also be taken of Article 2 (2) of not affect the composition of prices. Regulation No 974/71 which states ". . . The Commission itself adopted this the compensatory amounts shall be point of view, albeit belatedly, when it equal to the incidence, on the prices of enacted Regulation No 1824/77 the product concerned, of the (Official Journal L 203 of 9 August application of the compensatory amount 1977, p. 7) by abolishing compensation to the prices of the product referred to at the frontier for powdered whey.
This in paragraph (1), on which they latter view is in accordance with the depend". Since the "value of the milk" case-law of the Court of Justice since contained in the powdered whey is nil the Court stated in its judgment of the price of the powdered whey does 12 November 1974 (Case 34/74 [1974] not depend on the price of the ECR 1217) that with regard to derived intervention product (skimmed-milk products, compensation for fluctuations powder). The imposition of a counter of currencies should be in proportion to vailing charge thus amounts to the the incidence on the prices of the said imposition of a charge having an effect derived products of the application of equivalent to a customs duty. the compensatory amount to the basic The Commission itself, in the recitals in product to the exclusion of the fixed the preamble to Regulation (EEC) No component of the levy which was 1824/77 (Official Journal L 203 of established in order to protect the 9 August 1977, p. 7), pertinently stated processing industry. The Court, in its that "for non-intervention products the judgment of 17 June 1975 (Case 93/74 calculation should, in principle, be [1975] ECR 661) stated that when the based on the price of milk without levy on the basic product is zero, no taking account of specific processing compensatory amount may be charged costs"; whey should therefore not be on derived products.
Finally in its subject to monetary compensation. In judgment of 17 March 1976 (Joined Case 28/76 (Milac v Hauptzollamt Cases 67 to 85/75 [1976] ECR at Freiburg) the Commission, in its own p. 408) the Court, in view of the fact observations, maintained that powdered that the object in establishing the system whey depends on powdered milk of monetary compensatory amounts was because of its use, that is to say as the maintenance of single prices, animal feed; the Commission states that emphasized that the granting or levying this dependence is "purely economic" of such amounts was acceptable only if that is to say it depends on nutritional trade in the product in question would
value. However, this does not constitute be disturbed in their absence. In the dependence on the price level within the present case the levying of such meaning of the regulations. The plaintiff amounts is the sole cause of the in the main action therefore concludes disturbance adversely affecting that Article 1 of Regulation No 539/75 exporting manufacturers and importers. is at variance with Article 1 (2) (b) of The Commission itself recognized that basic Regulation No 974/71 and with this view is correct by abolishing Articles 9, 12 and 13 of the EEC compensatory amounts on agricultural Treaty. products whose price was principally with regard to the first part of the determined by the processing costs second question submitted by the (Regulation No 722/75, Official Finanzgericht the plaintiff in the main Journal L 71 of 20 March 1975).
JUDGMENT OF 3. 5. 1978 — CASE 131/77
Powdered whey must a fortiori qualify Furthermore compensation for for such treatment since the value of the powdered whey at the frontier is, like end product is determined solely by the that for other milk products, the result processing costs. From a purely legal of political pressure. This is shown by point of view this conclusion is unavoid the fact that the Commission and the able and cannot be affected by ap national experts on the Management praisals at the discretion of the Committee decided to abolish administration. compensation despite a sharp reaction from the Government of the Federal The reply to Question 2 (a) submitted Republic. The plaintiff in the main by the Finanzgericht des Saarlandes action accordingly hopes that the Court, should thus be that the fixing of concurring with the endeavours of the monetary compensatory amounts is Commission, will declare compensation contrary to the provisions of Article 1 at the frontier unlawful and in breach of (3) of Regulation (EEC) No 974/71 if Article 1 (3) of Regulation No 974/71 the market price of the product in with regard to products for which the question, in this case powdered whey, is price fluctuates and is determined freely determined solely by manufacturing on the market without the influence of costs and it is unnecessary to consider in monetary measures.
this connexion whether the market price The Commission considers that the two falls in the present case to a level equal questions submitted by the Finanz to or less than the level of production gericht in fact concern the validity of costs. Regulation No 539/75 and it suggests that the questions should be considered With regard to the second part of the together with regard to basic Regulation second question submitted by the No 974/71. Finanzgericht the plaintiff in the main The Commission describes the manufac action emphasizes that a reply serves no purpose, in view of the replies which turing process for powdered whey, have already been suggested. which is produced because it became Nevertheless it adds that the impossible to discharge it any longer as Commission cannot rely in this case on effluent and because of the parallel the wide discretionary power which the development of a profitable market in Court acknowledged the Commission to animal feed where it has partially replaced powdered milk. Comparison of possess in its judgment of 22 January the protein and fat content of those two 1976 (Case 55/75 [1976] ECR 30, products shows that it is profitable to paragraphs 7 and 8); no "complex economic situation" is involved with use powdered whey instead of skimmed-milk powder whilst the regard to powdered whey, a product relationship between the prices of the whose price fluctuates in terms of two products corresponds to that supply and demand. The Commission between their respective protein itself has through its behaviour, in contents. Since the price of skimmed- certain situations, recognized that in milk powder is determined by the such cases monetary compensatory intervention price this price must be amounts give rise to disturbances. multiplied, after taking account of the Mr Gundelach, the Commissioner aid granted for animal feed, by the responsible for agricultural matters, has coefficient 0.389105 which expresses the admitted that the system constitutes relationship between the respective "the worst error" committed in the protein contents, in order to obtain the Common Agricultural Policy. In the maximum price at which powdered present case this is clear. whey may properly be preferred to
MILAC v HAUPITZOLIAMT SAARBRÜCKEN
skimmed-milk powder. It is clear from a portionate increase. In fact comparative table of the prices of the powdered whey is also a surplus two products that powdered whey has product but since, unlike skimmed- been able to compete effectively with milk powder, it is not covered by skimmed-milk powder. Although the intervention, its price is influenced market price of powdered whey is largely by supply and demand. considerably influenced by the manufac — On the other hand the manufac turing costs it has remained from 1971 turing costs have a considerable to 1977 at a level justified by its protein effect in the composition of the price
content. of powdered whey: it sometimes has With regard to the fixing of the to be sold at a loss, which is taken monetary compensatory amounts into account in calculating the price applicable to powdered whey the of cheese. Commission recalls that this constitutes a power in matters of economic policy It was thus in order to avoid a which may be exercised within the limits disturbance of trade, which would established by Regulation No 974/71 ultimately have disrupted the working and in the interest of the proper of the intervention system for skimmed- functioning of the organization of the milk powder, that the Commission
market. The exercise of such a power decided to apply in 1971 the system of presupposes a wide margin of discretion compensatory amounts to powdered and its exercise does not cease to be whey. lawful except in the case of manifest The subsequent abolition from error in using the margin of discretion 5 September 1977, by Regulation No (judgments in Cases 97/76 [1977] ECR 1824/77, of the compensatory amounts 1063; 74/74 [1975] ECR 533; 55/75 applied to powdered whey is to be [1976] ECR 19; 29/77 [1977] ECR
explained in a wider context. The 1835). The compensatory amount Commission tries to keep the number of applicable to powdered whey was products covered by this system very derived from the relationship between low and is taking progressively less the price of that product and the price account of the processing costs in calcu of skimmed-milk powder with lating compensatory amounts. In view corrections whenever there was a of the importance of such items in the variation of approximately 10 % from cost of manufacturing powdered whey the intervention price for skimmed-milk the Commission, complying with powder, which in practice correspond to requests from traders, including the the market price owing to the surplus plaintiff in the main action, considered production of the latter product. that in the circumstances then The Commission recognizes that the prevailing, perhaps only temporarily, the application and the calculation of the absence of compensatory amounts for compensatory amounts relating to that product would not disturb trade. powdered whey constitute a borderline However, a decision in this sphere must
case. It nevertheless observes that: also take into account possible effects — On the one hand it is possible in on the profitability of the cheese industry. many cases to substitute powdered whey for skimmed-milk powder; the The Commission finally emphasizes that price of the former depends on the the method of calculating the monetary latter to a certain extent although it compensatory amounts applied to is not so closely related that the two powdered whey was not the usual prices automatically register a pro method of derivation, which consisted
JUDGMENT OF 3. 5. 1978 — CASE 131/77
in taking account only of the protein system of compensatory amounts, the content, but took into consideration the unfortunate effects of which have been relationship between the market prices conceded by the Commission itself. of powdered whey and of skimmed- There is even less justification for the milk powder. This method of calcu application of the system to powdered lation involved the fixing of monetary whey since it is not concerned to effect compensatory amounts which were monetary compensation to avoid distur clearly lower than those which would bances in the trade in this product but have been produced by the usual merely to take account of a certain method and traders like the plaintiff in relationship between powdered whey the main action have no ground for and skimmed-milk powder. The complaint, since the result is reasonable outcome is at variance with the from an economic point of view. objectives of Article 39 of the Treaty In conclusion the Commission suggests and with the provisions prohibiting that the reply to the questions submitted charges having an effect equivalent to by the Finanzgericht des Saarlandes customs duties. should be as follows: The Commission emphasized the fact "Consideration of the question raised that the common organizations of the has disclosed no factor of such a kind as market cannot operate in the absence of to affect the validity of Regulation the arrangements for compensatory (EEC) No 539/75 of the Commission amounts. Powdered whey, a milk of 28 February 1975 in so far as it product, provides a part of the income provides monetary compensatory from the price paid for the basic amounts applicable on the importation product, milk. Since the system of of powdered whey." compensatory amounts makes it possible to maintain a uniform price in the III — Oral procedure Community it must also include, if it is to be effective, processed products The representatives of the plaintiff in which include a part of the price of the the main action and of the Commission basic product. Powdered whey is appeared at the hearing on 8 March especially useful in that through 1978. They expanded the arguments set processing it can be used to an in out in the written procedure. creasing extent in animal feeding-stuffs. The plaintiff in the main action criticized The Advocate General delivered his in particular the present working of the opinion at the hearing on 11 April 1978.
Decision
1 The Finanzgericht des Saarlandes by an order of 15 September 1977 which was received at the Court Registry on 28 October 1977, submitted, under Article 177 of the EEC Treaty, two preliminary questions on the validity of Article 1 of Regulation (EEC) No 539/75 of the Commission of 28 February 1975 fixing the monetary compensatory amounts and certain rates for their application (Official Journal L 57 of 3 March 1975, p. 2) and
MILAC v HAUPTZOLLAMT SAARBRÜCKEN
on the interpretation of the provisions of Regulation (EEC) No 974/71 of the Council of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member States (Official Journal, English Special Edition 1971 (I), p. 257), read together with Article 1 of Regulation No 539/75.
2 Those questions were raised in the context of a dispute concerning a request for the cancellation of notices of assessment which are reproduced in the decision on the objection delivered on 20 August 1975 and which fixed monetary compensatory amounts at a total sum of DM 6 927.30 as charges imposed under the common organization of the agricultural markets pursuant to Regulations Nos 974/71 and 539/75 on the occasion of the importation from France into Germany of 129 000 kg of powdered whey having a water content not exceeding 33 % and coming under heading 04.02 of the Common Customs Tariff.
The plaintiff in the main action maintains that the charging of monetary compensatory amounts for powdered whey is contrary to Article 1 (2) (b) of Regulation No 974/71 since that provision authorizes the charging or granting of compensatory amounts only in respect of products whose price depends on the price of products covered by intervention arrangements under the common organization of agricultural markets and which are governed by the common organization whilst the price of powdered whey is in no way dependent either on the price of milk or on the price of skimmed- milk powder, the only products to which powdered whey may be related in order to compare prices pursuant to the provisions in force.
The price of powdered whey, it is alleged, cannot be related either to the price of milk or to the price of skimmed-milk powder since the value of the milk in powdered whey, a by-product of the manufacture of cheese and considered as waste before the enactment of the legislation of Member States on the conservation of the environment, is considered as nil or at the most amounting at times to DM 0.05 per litre.
It follows, according to the plaintiff, that the prices of powdered whey are determined exclusively on the market and that they depend wholly on supply and demand.
Consequently it is artificial to classify powdered whey amongst the products coming under the milk or milk products sector and to apply to it monetary compensatory amounts pursuant to Regulation No 539/75.
JUDGMENT OF 3. 5. 1978 — CASE 131/77
3 The national court, which is charged with appraising the facts, has for its part found that whey is a derived product of the processing of milk which until recently was discharged as waste into running water.
The national court concluded on the basis of those findings that the price of skimmed-milk powder in no way exercised a decisive influence on the market price of powdered whey and that the price of powdered whey accordingly does not depend on the price of skimmed-milk powder.
In those circumstances the national court felt doubt whether Regulation No 534/75 was valid, and referred this first preliminary question to the Court:
"Does Article 1 of Regulation (EEC) No 539/75 of the Commission of 28 February 1975 infringe Article 1 (2) (b) of Regulation (EEC) No 974/71 of the Council of 12 May 1971 in so far as it fixes compensatory amounts for the import of powdered whey, because the price of powdered whey does not depend upon the price of skimmed-milk powder?"
4 The problem in the present case turns on whether the price of powdered whey depends on the price of skimmed-milk powder.
5 The price of a product depends within the meaning of Article 1 (2) (b) of Regulation No 974/71 on the price of a product covered by intervention arrangements under the common organization of agricultural markets and which is governed by the common organization of the markets if the former price fluctuates appreciably owing to the incidence of variations in the latter price.
6 According to a table drawn up by the Commission the curves representing the variations in the intervention prices for skimmed-milk powder and the market prices in Germany for powdered whey clearly diverge.
In fact when the intervention price for skimmed-milk powder was 66 units of account per quintal in 1974 the market price in Germany for powdered whey was 20.68 units of account per quintal, whilst in 1975 the intervention price for the former product increased appreciably to 88.70 units of account as compared with the appreciable fall, to 15 units of account, in the price of the latter product.
In 1971 the price of powdered whey on the German market amounted to one third of the intervention price of skimmed-milk powder whilst in 1977 the relationship had diminished to a little less than one fifth.
MILAC v HAUPTZOLLAMT SAARBRÜCKEN
These figures confirm the analysis of the national court and it must be regarded as a fact that the price of powdered whey does not depend on the price of skimmed-milk powder.
7 According to the sixth recital in the preamble to Regulation No 974/71 monetary compensatory amounts should be limited to the amounts strictly necessary to compensate the incidence of the monetary measures on the prices of basic products covered by intervention arrangements and it is appropriate to apply them only in cases where this incidence would lead to difficulties.
This objective is embodied in particular in Article 1 (2) and (3) of the said regulation.
According to the wording of Article 1 (2) (b) the charging or granting of compensatory amounts is authorized only for products which fulfil two conditions:
(a) their price must depend on the price of products covered by intervention arrangements under the common organization of agricultural markets, and
(b) the products must in addition be governed by a common organization of the markets.
It is clear that powdered whey does not fulfil the first of those conditions.
Consequently the monetary compensatory amounts provided for in Article 1 of Regulation No 974/71 could not apply to powdered whey.
8 It is therefore necessary to declare that Article 1 of Regulation (EEC) No 539/75 of the Commission of 28 February 1975 is invalid in so far as it fixes compensatory amounts in respect of trade in powdered whey.
9 It is accordingly unnecessary to answer the second question submitted by the national court.
Costs
10 The costs incurred by the Commission of the European Communities, which has submitted observations to the Court, are not recoverable.
OPINION OF MR CAPOTORTI — CASE 131/77
As these proceedings are, in so far as the panics to the main action are concerned, in the nature of a step in the action pending before the national court, costs are a matter for that court.
On those grounds,
THE COURT,
in answer to the question submitted to it by the Finanzgericht des Saarlandes by an order of 15 September 1977, hereby rules:
Article 1 of Regulation (EEC) No 539/75 of the Commission of 28 February 1975 is invalid in so far as it fixes compensatory amounts in respect of trade in powdered whey.
Kutscher Sørensen Bosco Donner Mertens de Wilmars
Pescatore Mackenzie Stuart O'Keeffe Touffait
Delivered in open court in Luxembourg on 3 May 1978.
A. Van Houtte H. Kutscher
Registrar President
OPINION OF MR ADVOCATE GENERAL CAPOTORTI DELIVERED ON 11 APRIL 1978 1
Mr President, imports into a Member State of Members of the Court, powdered whey coming from another Member State. 1. The present case turns on the question whether it is lawful to apply It should be explained that whey, in its monetary compensatory amounts to liquid state, is a by-product of the manu-
1 — Translated from the Italian.