JUDGMENT OF 3. 2. 1981 — CASE 95/80 DERVIEU-DELAHAIS v DIRECTEUR GÉNÉRAL DES DOUANES ET DROITS INDIRECTS

In Case 95/80 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal d'Instance [District Court] of the First Arrondissement of Paris for a preliminary ruling in the action pending before that court between

on the interpretation of Regulation 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 and several implementing regulations respecting the levying of monetary compensatory amounts on the export of Roquefort cheese, THE COURT composed of: J. Mertens de Wilmars, President, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: F. Capotorti

Registrar: A. Van Houtte

gives the following

JUDGMENT Facts and Issues

I — Facts and written procedure

II — Written observations submitted to the Court

The special nature of Roquefort cheese

The invalidity of subjecting exports of Roquefort to compensatory amounts having regard to Article 1 (2) (a) and (b) of Regulation No 974/71

The invalidity of subjecting exports of Roquefort to compensatory amounts having regard to the principle of strict necessity

The answer to be given to the question

The relationship of dependence between the price of Roquefort cheese and the price of products manufactured from cow's milk

The risk of disturbances in trade in agricultural products

Conclusion

Ill — Oral procedure

Decision

Costs