IN FORCE ON THE DAY OF THE APPLICATION, ARE NEVERTHELESS SUBJECT TO MONTHLY ADJUSTMENTS IN ACCORDANCE WITH THE THRESHOLD PRICE IN FORCE DURING THE MONTH OF EXPORTATION .
8 THE THRESHOLD PRICES, LAID DOWN IN RELATION TO THE TARGET PRICES WHICH ARE UNDER ARTICLE 2 OF REGULATION NO 120/67 FIXED FOR A COMPLETE MARKETING YEAR, ARE, IN THEIR TURN, UNDER ARTICLE 6 OF THAT REGULATION, SUBJECT TO MONTHLY ALTERATIONS JUSTIFIED, ACCORDING TO THE EIGHTH RECITAL IN THE PREAMBLE TO THE SAME REGULATION, BY THE NECESSITY TO TAKE ACCOUNT, AMONG OTHER THINGS, OF STORAGE COSTS AND INTEREST CHARGES FOR STORING CEREALS IN THE COMMUNITY AND OF THE NEED TO ENSURE THAT THE DISPOSAL OF STOCKS CONFORMS TO MARKET REQUIREMENTS .
9 THUS THESE MONTHLY ALTERATIONS IN THE THRESHOLD PRICE HAVE REPERCUSSIONS ON THE AMOUNT OF THE REFUNDS EVEN IN CASES WHERE THESE ARE FIXED IN ADVANCE .
10 DURING THE YEAR 1974, TO TAKE ACCOUNT OF THE EFFECTS OF GENERAL INFLATION ON AGRICULTURE, THE COUNCIL BY REGULATION NO 2496/74 OF 2 OCTOBER 1974 ( OJ L 268 OF 3 . 10 . 1974 ) BY DEROGATION FROM THE RULE CONCERNING THE FIXING OF TARGET PRICES AND INTERVENTION PRICES FOR A COMPLETE MARKETING YEAR, DECIDED UPON A SINGLE AND EXCEPTIONAL INCREASE OF APPROXIMATELY 5 PER CENT IN THOSE PRICES DURING THE MARKETING YEAR AS CONCERNS CERTAIN PRODUCTS INCLUDING CEREALS . THIS TOOK EFFECT ON 7 OCTOBER 1974 .
11 AS FROM THE SAME DATE THAT INCREASE AFFECTED THE THRESHOLD PRICES AND CONSEQUENTLY THE AMOUNT OF THE REFUNDS .
12 THE COMMISSION HOWEVER, ENTRUSTED BY ARTICLE 4 OF REGULATION NO 2496/74 WITH ADOPTING THE DETAILED RULES FOR THE APPLICATION OF THE REGULATION 'WHERE APPROPRIATE BY DEROGATION FROM THE RULES FOR FIXING CONTAINED IN THE REGULATIONS CONCERNED', DECIDED IN THE CONTESTED REGULATION THAT THIS INCREASE IN THE THRESHOLD PRICES SHOULD NOT BE FOLLOWED BY A CORRESPONDING INCREASE IN EXPORT REFUNDS FOR EXPORTS WHICH WERE THE SUBJECT OF ADVANCE FIXING WHERE THE APPLICATION WAS LODGED PRIOR TO 7 OCTOBER 1974 .
13 ACCORDING TO THE THIRD RECITAL IN THE PREAMBLE TO THE CONTESTED REGULATION THAT EXCLUSION IS JUSTIFIED ON THE GROUND THAT BECAUSE OF THE ABOLITION, ESPECIALLY SINCE 26 JULY 1974 AS CONCERNS THE CEREALS EXPORTED BY THE APPLICANT, OF ANY REFUND, THE DURATION OF VALIDITY OF THE LICENCES INVOLVING ADVANCE FIXING OF THE REFUND AND NOT YET USED BY 7 OCTOBER WAS TO EXPIRE SHORTLY SO THAT IT MIGHT THEREFORE BE ASSUMED THAT THE PRODUCTS TO BE EXPORTED 'UNDER SUCH LICENCES HAVE ALREADY BEEN SOLD ON THE COMMUNITY MARKET AT PRICES DETERMINED BY THE COMMON PRICE LEVEL OBTAINING BEFORE 7 OCTOBER 1974 '.
14 THE CONTESTED MEASURE, BY DENYING TO A CLASS OF TRADERS THE BENEFIT OF AN INCREASE IN THE AMOUNT OF REFUNDS FOR SPECIFIC EXPORTS WHICH WAS ON THE CONTRARY GRANTED TO THOSE WHOSE APPLICATIONS FOR ADVANCE FIXING WERE MADE AT A LATER DATE, DIRECTLY CONCERNS THE SAID TRADERS .
15 ON THE OTHER HAND IT APPLIES TO A FIXED AND KNOWN