Judgment_paragraph 11 · 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)

11In the first place it is necessary to take into consideration that the principle of equality, embodied in particular in the second subparagraph of Article 40 (3) of the EEC Treaty, which prohibits any discrimination in the common organization of the agricultural markets, occupies a particularly important place among the rules of Community law intended to protect the interests of the individual. Secondly, the disregard of that principle in this case affected a limited and clearly defined group of commercial operators. It seems, in fact, that the applicants in these cases and in the related Cases 241/78 and others Deutsche Getreideverwertung und Rheinische Kraftfutterwerk GmbH and Others v Council and Commission comprise the entire maize gritz industry of the Community. Further, the damage alleged by the applicants goes beyond the bounds of the economic risks inherent in the activities in the sector concerned. Finally, equality of treatment with the producers of maize starch, which had been observed from the beginning of the common organization of the market in cereals, was ended by the Council in 1975 without sufficient justification.