Judgment of the Court 11 March 1987

In Case 265/85

THE COURT composed of: Lord Mackenzie Stuart, President, Y. Galmot, C. Kakouris and F. Schockweiler (Presidents of Chambers), T. Koopmans, U. Everling, R. Joliet, J. C. Moitinho de Almeida and G. C. Rodríguez Iglesias, Judges, Advocate General: C. O. Lenz Registrar: H. A. Rühl, Principal Administrator

having regard to the Report for the Hearing and further to the hearing on 3 June 1986,

after hearing the Opinion of the Advocate General delivered at the sitting on 5 December 1986,

gives the following

Judgment

The submission alleging lack of powers on the part of the Commission

The submission alleging failure to observe the principle of market stabilization

The submission alleging breach of the principle of non-discrimination laid down in Article 40 (3) of the Treaty

The submission alleging breach of the principle of proportionality

The submission alleging that the contested regulation is vitiated by an excess and a misuse of powers to the extent that its purpose is to stimulate the consumption of butter

First part of the submission

Second part of the submission alleging an infringement of Article 6 (4) (a) of Regulation No 804/68

The submission alleging breach of the principle of free movement of goods

The submission alleging breach of the principle of the protection of legitimate expectation

Costs

1 Language of the Case: Dutch.