.
THE COMPATIBILITY OF THE CONTESTED REGULATION WITH ARTICLE 30 OF THE TREATY
20 ACCORDING TO THE PLAINTIFFS IN THE MAIN PROCEEDINGS, THE UNIFORM REIMBURSEMENT OF FINANCING COSTS USED TO COMPENSATE FOR THE COMPETITIVE DISADVANTAGE SUFFERED BY TRADERS IN MEMBER STATES WITH THE LOWEST INTEREST RATES AND HIGHEST MARKET PRICES . IN REMOVING THAT COMPENSATING FACTOR, THE MEASURE ESTABLISHING DIFFERENT RATES FOR THE REIMBURSEMENT OF FINANCING COSTS CAUSES ARTIFICIAL PATTERNS OF TRADE AND, BY MAKING IT MORE DIFFICULT TO EXPORT BUTTER TO SOME MEMBER STATES, CONSTITUTES A MEASURE HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION ON IMPORTS PROHIBITED BY ARTICLE 30 OF THE EEC TREATY .
21 AS HAS ALREADY BEEN POINTED OUT, AID FOR THE PRIVATE STORAGE OF BUTTER IS INTENDED SOLELY TO PROVIDE, AS FAR AS POSSIBLE, COMPENSATION FOR THE COSTS NORMALLY INCURRED BY TRADERS IN STORING BUTTER . THE DIFFERENTIATION IN THE REIMBURSEMENT OF FINANCING COSTS BASED ON THE INTEREST RATES ACTUALLY PAID ENABLES THAT OBJECTIVE TO BE ATTAINED MORE EFFECTIVELY AND DOES NOT CAUSE ARTIFICIAL PATTERNS OF TRADE . THEREFORE IT CANNOT IN ANY EVENT CONSTITUTE A MEASURE HAVING EQUIVALENT EFFECT PROHIBITED BY ARTICLE 30 OF THE EEC TREATY .
22 IT MUST THEREFORE BE STATED THAT THE CONTESTED REGULATION DOES NOT INFRINGE ARTICLE 30 OF THE EEC TREATY .
THE STATEMENT OF REASONS IN THE CONTESTED REGULATION
23 IN ORDER TO SUBSTANTIATE THEIR VIEW THAT THE CONTESTED REGULATION WAS ADOPTED IN BREACH OF ARTICLE 190 OF THE EEC TREATY, THE PLAINTIFFS IN THE MAIN PROCEEDINGS CONTEND THAT ITS REASONING CONTAINS FOUR INACCURACIES .
24 THEY POINT OUT FIRST OF ALL THAT THE SECOND RECITAL OF THE PREAMBLE TO REGULATION ( EEC ) NO 1746/84 ERRONEOUSLY STATES THAT THE FINANCING COSTS OF STORAGE ARE INCURRED "BY" EACH MEMBER STATE WHEN IN ACTUAL FACT THOSE COSTS ARE BORNE BY THE TRADERS CONCERNED .
25 IT MUST BE NOTED, HOWEVER, THAT THIS MISTAKE, WHICH THE PLAINTIFFS IN THE MAIN PROCEEDINGS HAVE CORRECTLY POINTED OUT, AFFECTS ONLY THE DUTCH VERSION OF THE REGULATION AND IS THE RESULT OF A MISTRANSLATION . IT CANNOT THEREFORE HAVE AFFECTED THE CONTENTS OF THE REGULATION AND CANNOT THEREFORE VITIATE ITS VALIDITY .
26 SECONDLY, THE APPLICANTS IN THE MAIN PROCEEDINGS DISPUTE THE ACCURACY OF THE STATEMENT IN THE SECOND RECITAL OF THE PREAMBLE TO THE CONTESTED REGULATION TO THE EFFECT THAT A UNIFORM ASSESSMENT OF THE FINANCING COSTS BORNE BY THE STORERS CONSTITUTES IN SOME MEMBER STATES A FURTHER INCENTIVE TO SEND PRODUCTS INTO STORAGE .
27 ALTHOUGH THE DECISION TO SEND CERTAIN QUANTITIES OF BUTTER INTO PRIVATE STORAGE INVOLVES A NUMBER OF GENERAL AND LOCAL ECONOMIC CONSIDERATIONS, IT MUST NOT BE OVERLOOKED THAT IN THE MEMBER STATES WHERE REAL INTEREST RATES WERE CONSIDERABLY LOWER THAN THE UNIFORM INTEREST RATE PREVIOUSLY TAKEN INTO ACCOUNT BY THE COMMUNITY AUTHORITIES WHEN ASSESSING THE COSTS OF FINANCING STORAGE, A FURTHER INCENTIVE TO STORE BUTTER THUS EXISTED FOR THE TRADERS CONCERNED .
28 THIRDLY, CONTRARY TO THE CONTENTION OF THE PLAINTIFFS IN THE MAIN PROCEEDINGS, THE COMMISSION