Amsterdam Bulb BV v Produktschap voor Siergewassen (50/76)

2. Exemptions and derogations provided for by national rules

There seems to be no reason to regard the derogations as other than minimum export prices fixed by a Member State as a supplement to or a derogation from Regulation No 369/75. They are prohibited by Community law.As regards the exemptions, the application of the national provision in question to specific cases would not only modify the scope of the regulation but would set it aside unilaterally. Member States' may not, in the absence of a provision of Community law to the contrary, have recourse to national measures capable of modifiying the application of a regulation (Case 18/72, NV Granaria Graaninkoopmaatschappij v Produktschap voor Veevoeder [1972] ECR 1163).The Commission considers that in this instance the same solution must be adopted as in the Granaria case.