THE COURT OF THE ECONOMIC EVALUATION AS OTHERWISE A SUBMISSION OF THIS KIND COULD BECOME A MERE FORMALITY .
IT IS NECESSARY AND IT IS SUFFICIENT THAT THE OBJECTION IS SUPPORTED BY APPROPRIATE EVIDENCE .
SUCH IS THE CASE IN THE PRESENT INSTANCE AND THAT EVIDENCE SHOULD BE EXAMINED FROM THE POINT OF VIEW OF MANIFEST FAILURE TO OBSERVE THE TREATY .
THE TERM " MANIFEST " PRESUPPOSES THAT A CERTAIN DEGREE IS REACHED IN THE FAILURE TO OBSERVE LEGAL PROVISIONS SO THAT THE FAILURE TO OBSERVE THE TREATY APPEARS TO DERIVE FROM AN OBVIOUS ERROR IN THE EVALUATION, HAVING REGARD TO THE PROVISIONS OF THE TREATY, OF THE SITUATION IN RESPECT OF WHICH THE DECISION WAS TAKEN .
IN THE PRESENT INSTANCE THE " MANIFEST " FAILURE TO OBSERVE THE TREATY CAN ONLY RESULT FROM THE FINDING BY THE COURT OF THE EXISTENCE OF AN ECONOMIC SITUATION WHICH PRIMA FACIE REVEALS NO NECESSITY FOR THE CONTESTED MEASURE IN THE PURSUIT OF THE OBJECTIVES SET OUT IN ARTICLE 3 OF THE TREATY, IN PARTICULAR PARAGRAPH ( C ).
THE STATEMENT IN THE CONTESTED DECISION THAT THE FIXING OF MAXIMUM PRICES WAS NECESSARY TO SERVE THE OBJECTIVES SET OUT IN ARTICLE 3 OF THE TREATY FOR REASONS RELATING TO THE MARKET STRUCTURE DOES NOT CONFLICT A PRIORI WITH THE TEXT OR THE SPIRIT OF SUBPARAGRAPH ( A ) OF ARTICLE 61 WHICH, UNLIKE SUBPARAGRAPH ( B ) DOES NOT ENVISAGE ANY CONDITION RELATING TO THE ECONOMIC CYCLE .
THE APPLICANT'S REASONING TO THE EFFECT THAT THE MAXIMUM PRICES IN FACT CONSTITUTE A MINIMUM WHICH STABILIZES AND FREEZES PRICES DOES NOT PRIMA FACIE EXCLUDE ALL NECESSITY FOR MAXIMUM PRICES AND CONSEQUENTLY IS NOT SUFFICIENT TO CONSTITUTE MANIFEST FAILURE TO OBSERVE THE TREATY .
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IT IS FURTHER APPROPRIATE TO EXAMINE WHETHER THE MANIFEST LACK OF NECESSITY FOR THE MEASURE RESULTS FROM THE AMOUNTS OF THE PRICES FIXED .
IT IS CLEAR FROM THE TABLE DRAWN UP BY THE PARTIES TOGETHER THAT THE NEW FIGURES ARE NOT IDENTICAL WITH THE OLD FIGURES AND THAT ACCORDING TO THE DEFENDANT'S CONTENTION, NOT CONTESTED BY THE APPLICANT, THE PRICES WHICH WERE FREED HAVE SHOWN A TENDENCY TO INCREASE .
THESE FINDINGS DO NOT THEREFORE REVEAL MANIFEST LACK OF NECESSITY .
HAVING REGARD TO THE OBJECTIVES OF ARTICLE 3 OF THE TREATY THE LACK OF NECESSITY OF THE MEASURE IS NOT EVIDENT IMMEDIATELY FROM THE RATE OF THE PRICES FIXED .
THAT ARTICLE OF THE TREATY OBLIGES THE HIGH AUTHORITY TO ENSURE THE ESTABLISHMENT OF CERTAIN ECONOMIC CONDITIONS AND THIS MIGHT JUSTIFY PREVENTIVE INTERVENTION EVEN IF CERTAIN REASSURING DECLARATIONS HAVE BEEN MADE WHICH CONTAIN NO COMMITMENT AS TO THE EXTENT OF THEIR VALIDITY .
IN THIS CONTEXT PARAGRAPH ( C ) MORE SPECIFICALLY ENVISAGES THE ESTABLISHMENT OF THE LOWEST PRICES BUT DOES NOT REQUIRE AN ATTEMPT TO REACH THE ABSOLUTE MINIMUM BUT MERELY A PRICE WHICH, WHILE BEING THE LOWEST WITHIN THE MEANING OF ARTICLE 3 ( C ), TAKES ACCOUNT OF THE OTHER OBJECTIVES