Royal Scholten-Honig (Holdings) Limited v Intervention Board For Agricultural Produce ; Tunnel Refineries Limited v Intervention Board For Agricultural Produce.: ECJ 25 Oct 1978

ECJ 1. Even though the statement of the reasons on which a regulation is based may be laconic, it must nevertheless be examined and assessed in the context of the whole of the rules of which the regulation in question forms an integral part.
2. The prohibition of discrimination laid down in the second subparagraph of article 40(3) of the treaty is merely a specific enunciation of the general principle of equality which is one of the fundamental principles of community law. That principle requires that similar situations shall not be treated differently unless the differentiation is objectively justified.
3. Coucil regulation no 1111/77 offends against the general principle of equality and is invalid to the extent to which articles 8 and 9 thereof impose a production levy on isoglucose of 5 units of account per 100 kg of dry matter for the period corresponding to the sugar marketing year 1977/78.

Citations:

R-145/77, [1978] EUECJ R-145/77

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Updated: 21 June 2022; Ref: scu.214763