Judgment of the Court 24 March 1988

In Case 347/85

THE COURT, composed of: G. Bosco, President of Chamber, acting as President, J. C. Moitinho de Almeida (President of Chamber), T. Koopmans, U. Everling, C. Kakouris, R. Joliét and F. Schockweiler, Judges, Advocate General: J. Mischo Registrar: B. Pastor, Administrator

having regard to the Report for the Hearing and further to the hearing on 9 July 1987,

after hearing the Opinion of the Advocate General delivered at the sitting on 1 October 1987,

gives the following

Judgment

The burden of proof

The question whether the differential pricing practices in question are compatible with Community law and whether they are liable to entail an increase in EAGGF expenditure

The calculations made by the Commission to establish the increase in EAGGF expenditure

(a) The level of the single price for milk which would have been set in the absence of dual pricing

(b) The passing on, in the final price of the milk products concerned, of the change in the price of milk resulting from the setting of a single price

(c) The change in demand for the aforesaid products in consequence of a change in their price

The savings to the EAGGF in consequence of the differential pricing practices

Breach of the principles of legitimate expectation and legal certainty

Insufficient reasoning

Costs

1 Language of the Case: English.