JUDGMENT OF 15. 9. 1982 — CASE 106/81 KIND v EEC

In Case 106/81

THE COURT composed of: J. Menens de Wilmars, President, G. Bosco, A. Touffait and O. Due (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, T. Koopmans, U. Everling, A. Chloros and F. Grévisse, Judges, Advocate General : F. Capotorti Registrar: J. A. Pompe, Deputy Registrar

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

A — The position of the market in mutton and lamb in the Community prior to the entry into effect of Council Regulton (EEC) No 1837/80 of 27 June 1980 on the common organization of the market in sheepmeat and goaimeai (Official Journal L 183, P1)

B — Principal features of the machinery set up by Regulation No 1837/80

C — The applicant's economic situation

II — Conclusions of the parties

III — Submissions and arguments of the parties

IV — Oral procedure

Decision

The conclusions in the application based on the alleged unlawfulness of the Council regulation

The statement of the reasons on which the regulation in based

The other submissions

The conclusions in the application relating to the alleged unlawfulness of the Commission regulation.

Costs

1 (1) Italy (2) France, (3)the Beneius countries, Denmark and the Federal Republic of Germany, (4) Ireland. (5) the United kingdom and (6) Greece1

2 Translator's note. Tne English term claw-back is meo ienj:im is the French and German texts of the luopmen:. German be:nc the language of the case

3 The Benetui countries. Denmark and the Federal Republic of Germany,