JUDGMENT OF 15. 10. 1980 — CASE 109/79 MAÏSERIES DE BEAUCE v ONIC

REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal Administratif [Administrative Court], Orléans, for a preliminary ruling in the action pending before that court between

THE COURT composed of: H. Kutscher, President, P. Pescatore and T. Koopmans (Presidents of Chambers), J. Mertens de Wilmars, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, A. Touffait and O. Due, Judges, Advocate General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written observations submitted pursuant to Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations of the plaintiff in the main action (Maïseries de Beauce)

First question

Second question

Infringement of Regulation No 974/71

Infringement of Article 40 (3) of the EEC Treaty

B — Observations of the French Government

C — Observations of the Council

First question

Second question

D — Observations of the Commission

III — Oral procedure

IV — The course of the procedure

V — Oral procedure

Decision

First question: The validity of Regulation No 2744/75 of the Council

Second question: The validity of Commission Regulation No 938/77 in so far as it fixes the monetary compensatory amounts on maize meal by applying the processing coefficient 1.8

A — General considerations

B — The contested processing coefficient

C — Consequences of the invalidity

Costs