JUDGMENT OF 22. 1. 1976 — CASE 55/75 BALKAN-IMPORT EXPORT v HAUPTZOLLAMT BERLIN-PACKHOF

In Case 55/75 Reference to the Court under Article 177 of the EEC Treaty by the Finanzgericht Berlin for a preliminary ruling in the action pending before that court between:

THE COURT composed of: R. Lecourt, President, R. Monaco, H. Kutscher, Presidents of Chambers, A. M. Donner, J. Mertens de Wilmars, P. Pescatore, M. Sørensen, Lord Mackenzie Stuart and A. O'Keeffe, Judges, Advocate-General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and procedure

II — Written observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice of the European Communities

A — Observations submitted by the plaintiff in the main action

The first question

I — The legality of the compensatory amount

II — The legality of the rate of the compensatory amount in question

III — Alternatively, if the answer to the first question is in the affirmative

B — Observations submitted by the Commission

The first question

I — The existence of a disturbance in the agricultural market

II — Discrimination

The second question

Law

As to the first question

As to the second question

Costs