PROPOSALS FOR THE RETROACTIVE REINSTATEMENT OF PROVISIONS ON WHICH ORIGINALLY THE PARLIAMENT WAS NOT PROPERLY CONSULTED MAY NEVER BE REFERRED TO IT . THAT ARGUMENT WOULD PROHIBIT THE RETROACTIVE REINSTATEMENT OF MEASURES ADOPTED IN BREACH OF COMMUNITY LAW WITHOUT THE OPINION OF THE PARLIAMENT , EVEN WHERE SUCH REINSTATEMENT ACCORDS WITH THE PUBLIC INTEREST AND WHERE THE LEGITIMATE EXPECTATIONS OF THE TRADERS CONCERNED HAVE NOT BEEN FRUSTRATED , AND WOULD THUS INVEST CONSULTATION WITH THE PARLIAMENT , HOWEVER IMPORTANT IT MAY BE , WITH CONSEQUENCES WHICH ARE NOT PROVIDED FOR BY ANY PROVISION OF COMMUNITY LAW AND WOULD RESTRICT WITHOUT JUSTIFICATION THE POWERS OF THE PARLIAMENT ITSELF AS WELL AS THOSE OF THE INSTITUTIONS WHICH ARE REQUIRED TO SEEK ITS OPINION .
II - SECOND SUBMISSION : BREACH OF THE DUTY TO STATE THE REASONS UPON WHICH A MEASURE IS BASED
19 THE APPLICANT CLAIMS THAT THE COUNCIL HAS GIVEN INADEQUATE AND INAPPROPRIATE REASONS FOR THE ADOPTION OF REGULATION NO 387/81 BOTH AS TO THE ACTUAL PRINCIPLE OF THE MEASURES ADOPTED RELATING TO QUOTAS AND AS TO THE JUSTIFICATION FOR GIVING RETROACTIVE EFFECT TO THOSE PROVISIONS . THEREFORE , THE APPLICANT CONSIDERS THAT THE COUNCIL HAS INFRINGED THE PROVISIONS OF ARTICLE 190 OF THE TREATY .
20 ACCORDING TO THE CASE-LAW OF THE COURT THE STATEMENT OF THE REASONS ON WHICH A MEASURE IS BASED , WHICH IS REQUIRED BY ARTICLE 190 OF THE TREATY , MUST BE ADAPTED TO THE NATURE OF THE MEASURE IN QUESTION . THEY MUST ENABLE THE REASONING OF THE COMMUNITY INSTITUTION RESPONSIBLE FOR THE MEASURE TO EMERGE CLEARLY AND UNEQUIVOCALLY SO AS TO ENABLE THOSE CONCERNED TO RECOGNIZE THE REASONS FOR THE MEASURE ADOPTED AND THE COURT TO EXERCISE ITS POWER OF REVIEW .
21 THE STATEMENT OF THE REASONS ON WHICH COUNCIL REGULATION NO 387/81 IS BASED STATES FIRST THAT ' ' COUNCIL REGULATION ( EEC ) NO 1111/77 OF 17 MAY 1977 LAYING DOWN COMMON PROVISIONS FOR ISOGLUCOSE , IN THE VERSION ESTABLISHED BY REGULATION ( EEC ) NO 1293/79 , PROVIDED FOR THE APPLICATION OF A SYSTEM OF PRODUCTION QUOTAS FOR THE PERIOD FROM 1 JULY 1979 TO 30 JUNE 1980 ' ' AND , SECONDLY THAT ' ' IN CASES NO 138/79 AND NO 139/79 THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , ON 29 OCTOBER 1980 , ANNULLED REGULATION ( EEC ) NO 1293/79 , WHICH AMENDED REGULATION ( EEC ) NO 1111/77 , ON THE GROUNDS OF AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT ; . . . IN REJECTING ALL THE ALLEGED COMPLAINTS OF BREACH OF THE PRINCIPLES OF THE LAW OF COMPETITION , OF PROPORTIONALITY AND OF NON-DISCRIMINATION MADE AGAINST THE SYSTEM OF PRODUCTION QUOTAS INTRODUCED BY REGULATION ( EEC ) NO 1293/79 , THE COURT AFFIRMED THAT THE LATTER REGULATION WAS SUBSTANTIVELY IN CONFORMITY WITH COMMUNITY LAW ; . . . IT IS THEREFORE APPROPRIATE TO REINSTATE INTER ALIA THE SYSTEM OF QUOTAS CONCERNED RETROACTIVELY ' ' .
22 LACONIC AS THESE REASONS MAY