Judgment_paragraph 1. · P. Dumortier frères SA and others v Council of the European Communities (C-64/76, C-113/76, C-167/78, C-239/78, C-27/79, C-28/79, C-45/79)

1.In its judgment of 19 October 1977 in Joined Cases 124/76 and 20/77 S.A. Moulins et Huileries de Pont-à-Mousson and Société Cooperative Providence Agricole de la Champagne v Office National Interprofessionnel des Céréales [1977] ECR 1795, the Court decided that:(1) The provisions of Article 11 of Regulation No 120/67/EEC of the Council of 13 June 1967 as worded with effect from 1 August 1975 following the amendment made by Article 3 of Regulation (EEC) No 665/75 of the Council of 4 March 1975 and repeated in Regulation (EEC) No 2727/75 of the Council of 29 October 1975, in conjunction with Regulation (EEC) No 1955/75 of the Council of 22 July 1975 and the subsequent regulations which replaced it, are incompatible with the principle of equality in so far as they provide for a difference of treatment in respect of production refunds between maize groats and meal for the brewing industry and maize starch.(2) It is for the institutions competent in matters of common agricultural policy to adopt the measures necessary to correct this incompatibility.’