§ Mr. Spearingasked the Minister of Agriculture, Fisheries and Food if he will publish in the Official Report those parts of the judgment of the European Court requiring the United Kingdom to import each of the additional categories of dairy products named in the statutory instruments laid on 26 October.
§ Mr. JoplingGround 36 of the judgment in Case 124/81 reads as follows
The Court concludes therefore that by adopting … provisions relating to the importation, packing and marketing of UHT milk the United Kingdom failed to fulfil its obligations under Articles 30 and 36 of the EEC Treaty.Although this refers particularly to UHT milk, the judgment as a whole also lays down principles which apply more generally, in particular the principle that articles 30 and 36 of the treaty of Rome mean that restrictions on the importation of milk can be justified only if they are essential for the protection of health. The Importation of Milk Regulations (SI 1983 No. 1563) necessarily reflect this aspect of the judgment.