JUDGMENT OF 28. 6. 1984 — JOINED CASES 187 AND 190/83 NORDBUTTER / GERMANY

In Joined Cases 187 and 190/83 REFERENCE to the Court under Article 177 of the EEC treaty by the Verwaltungsgericht [Administrative Court] Frankfurt-am-Main for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber) composed of: Y. Galmot, President of Chamber, U. Everling and C. Kakouris, Judges, Advocate General : P. VerLoren van Themaat Registrar: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Legal background, facts and procedure

A — The relevant Community legislation

B — The events giving rise to the main actions

C — The references for a preliminary ruling and the accompanying observations

1. The references for a preliminary ruling

2. The observations accompanying the references for a preliminary ruling

D — The procedure before the Court of Justice

II — Written observations submitted to the Court

A — Observations of Bayerische Milch-. versorgungs GmbH

B — The Federal Office, on behalf of the Federal Republic of Germany, the United Kingdom and the Commission of the European Communities all submitted observations to the effect that Article 5 (3) (b) of Regulation No 2793/77 is valid

1. Alleged breach of the general rules on liability

(a) Determination for legal purposes of the recipient of the special aid

(b) Determination for economic purposes of the recipient of the special aid

(c) The theory that the dairies are under an obligation to contract with farmers

(d) The alleged impossibility for dairies to supervise compliance with the undertakings given by farmers and to take precautions against the risk that skimmed milk which has attracted special aid may be used in a manner inconsistent with those undertakings

2. The alleged contravention of the principle of proportionality

(a) Legally incorrect

(b) Factually incorrect

3. In conclusion, the United Kingdom suggests that the Court should answer the question submitted for a preliminary ruling as follows:

III — Oral procedure

Decision

Costs