'. IN THIS RESPECT IT MUST TAKE INTO ACCOUNT THAT IN CASES OF DOUBT THE 'COMMON' NATURE OF THE MARKET WILL SUFFER LESS IF DEROGATION FROM THE RULES OF THE TREATY IS MADE ONLY WITHIN THE FRAMEWORK OF THE RELATIONS BETWEEN TWO MEMBER STATES . MOREOVER, THE ARGUMENT JUST REJECTED IS ITSELF LIABLE TO FAVOUR DISCRIMINATION WHICH MIGHT JUST AS WELL TAKE THE FORM OF DISSIMILAR SITUATIONS BEING TREATED IDENTICALLY . FINALLY, IN AUTHORIZING PROTECTIVE MEASURES, THE COMMISSION IS ENTITLED TO MAKE A DISTINCTION BETWEEN COUNTRIES RATHER THAN BETWEEN UNDERTAKINGS IN THE COMMON MARKET WHEN THERE ARE REASONABLE GROUNDS FOR SUCH A DISTINCTION . THIS IS SO WHEN IT IS POSSIBLE TO FIND, WITHIN A GIVEN COUNTRY, A PRICE LEVEL WHICH IS CLEARLY DIFFERENT FROM THE PRICE LEVEL IN OTHER COUNTRIES .
( C ) IT IS NECESSARY TO ASCERTAIN THEREFORE WHETHER THE CIRCUMSTANCES IN THIS CASE CAN JUSTIFY A LIMITATION OF THE PROTECTIVE MEASURES TO ITALIAN IMPORTS ALONE .
THE DEFENDANT SAW THE ORIGIN OF THE FRENCH DIFFICULTIES IN 'THE HUGE INCREASE IN IMPORTS ORIGINATING IN THE ITALIAN REPUBLIC', AND CONSEQUENTLY IT LIMITED THE PROTECTIVE MEASURES TO ITALIAN PRODUCTS . IN ORDER TO JUSTIFY ITS JUDGMENT AND THE CHOICE OF THIS MEASURE, THE COMMISSION TOOK AS ITS PRINCIPAL BASIS THE FINDING THAT, ON THE ONE HAND, THE VOLUME OF IMPORTS FROM THIRD COUNTRIES 'HAS NOT INCREASED TO AN ABNORMAL DEGREE' AND IS THEREFORE 'NOT LIABLE TO HINDER THE REORGANIZATION OF THE FRENCH SECTOR IN QUESTION' AND, ON THE OTHER HAND, THAT THE PRICE OF PRODUCTS IMPORTED FROM OTHER MEMBER STATES 'DOES NOT DIFFER APPRECIABLY FROM THE PRICE OF SIMILAR FRENCH PRODUCTS AND THAT THE INCREASE IN THE VOLUME OF IMPORTS, WHILST HIGHER, IS NOT CONSIDERED AS ABNORMAL '. IT DOES NOT APPEAR FROM THE EVIDENCE BROUGHT TO THE NOTICE OF THE COURT THAT THIS ASSESSMENT BY THE COMMISSION IS CLEARLY ERRONEOUS . IT IS NOT DISPUTED THAT IMPORTS FROM THIRD COUNTRIES ARE INCONSIDERABLE . IT HAS NOT BEEN SHOWN THAT THE COMMISSION WAS MISTAKEN IN STATING THAT THE PRICE OF PRODUCTS ORIGINATING IN OTHER MEMBER STATES DID NOT DIFFER APPRECIABLY FROM THE PRICE OF SIMILAR FRENCH PRODUCTS . IT WAS THEREFORE ABLE, BY THIS COMPARISON WITH THE VOLUME OF IMPORTS ORIGINATING IN OTHER MEMBER STATES ( WHICH IT DID NOT CONSIDER TO BE ABNORMAL ), TO COME TO THE CONCLUSION THAT THE HUGE INCREASE IN IMPORTS FROM ITALY WAS A FACTOR CAPABLE OF JUSTIFYING THE SPECIFIC MEASURE WHICH WAS THE SUBJECT OF THE DECISION .
( D ) IN VIEW OF ALL THE PRECEDING CONSIDERATIONS, IT FOLLOWS THAT THE SIXTH TO THE ELEVENTH RECITALS IN THE PREAMBLE TO THE DISPUTED DECISION JUSTIFY THE IMPOSITION OF DUTY ON ITALIAN PRODUCTS ALONE . THE COMPLAINT OF DISCRIMINATION MUST THEREFORE BE DISMISSED .
5 . ON THE COMPLAINT RELATING TO MATERIAL ERROR IN THE CALCULATION OF THE PRICE DIFFERENCES
IN THE WORDS OF THE DECISION, THE DIFFERENCE 'BETWEEN THE AVERAGE PRICE PER LITRE OF ITALIAN REFRIGERATORS FREE-AT-FRONTIER AND THE AVERAGE PRICE PER