Judgment_paragraph 4 · Gustave Wuidart and others v Laiterie coopérative eupenoise société coopérative and others (C-267/88, C-268/88, C-269/88, C-270/88, C-271/88, C-272/88, C-273/88, C-274/88, C-275/88, C-276/88, C-277/88, C-278/88, C-279/88, C-280/88, C-281/88, C-282/88, C-283/88, C-284/88, C-285/88)

4In order to be able to assess those arguments, the tribunal de première instance, Verviers, stayed the proceedings and referred to the Court the following questions:(a) By allowing the Member States to choose between two formulas, under one of which (Formula A) the levy is imposed on every individual producer who has exceeded his reference quantity and no offsetting is possible, whereas under the other (Formula B) the levy is payable by the first purchaser and hence offsetting may take place between the suppliers of that purchaser, which may therefore have the effect of releasing a producer from having to pay any levy even though he exceeded his quota, does Article 5c of Regulation (EEC) No 804/68 infringe Articles 39 and 40 of the Treaty of Rome by giving rise to discrimination between Community producers?(b) Does Article 1(1) of Regulation (EEC) No 857/84, in the version in force between 2 April 1984 and 31 March 1987, infringe that same principle of non-discrimination in so far as it fixes the levy at 75% or 100% of the target price for milk depending on whether the Member States chose Formula A or Formula B?(c) Must Article 3(d) and Articles 38, 39 and 40 of the Treaty of Rome and Regulation (EEC) No 13/64 be interpreted as prohibiting any renationalization of agricultural policy, particularly in the milk sector, and, if so, must the following be regarded as renationalization measures contrary to those provisions and/or as measures which infringe the principle of non-discrimination between producers:(1) Regulation No 1305/85 inasmuch as it authorizes Italy to postpone application of certain provisions for the first three years of application of the milk quotas;(2) Article 10 of Regulation (EEC) No 857/84 inasmuch as it authorizes Greece to consider all its purchasers taken as a whole as one purchaser;(3) Regulation No 590/85 inasmuch as it authorizes France to derogate from the general rules by regarding a group of purchasers as a single purchaser;(4) the new fourth paragraph of Article 7 of Regulation (EEC) No 857/84, as amended by Regulation (EEC) No 590/85, inasmuch as it enables an amendment of the Community rules to be made in favour of the Federal Republic of Germany;(5) Regulations Nos 1335/86 and 1343/86 inasmuch as they grant certain special administrative arrangements to Spanish producers?(d) Is it permissible to interpret Article 1(2) of Regulation (EEC) No 857/84, which defines “region” within the meaning of Article 5c(l) of Regulation (EEC) No 804/68 as all or part of the territory of a Member State having geographical unity and in which the natural conditions, the structures of production and the average yields of herds are comparable, as meaning that a Member State may regard itself as being a single region when it does not have geographical unity and its natural conditions, structures of production and average herd yields are not comparable, and its territory includes less-favoured farming areas?On that interpretation, is Article 1(2) contrary to the Treaty of Rome, in particular Article 39(2) thereof, and to Council Directive 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas and Council Directive 75/269/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268 (Belgium)?’

Gustave Wuidart and others v Laiterie coopérative eupenoise société coopérative and others (C-267/88, C-268/88, C-269/88, C-270/88, C-271/88, C-272/88, C-273/88, C-274/88, C-275/88, C-276/88, C-277/88, C-278/88, C-279/88, C-280/88, C-281/88, C-282/88, C-283/88, C-284/88, C-285/88)

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