PREMIUM . LOYALTY OR QUANTITY REBATES GRANTED ACCORDING TO FEATURES PECULIAR TO EACH TRANSACTION ARE CONNECTED WITH THESE FEATURES IN SUCH A WAY THAT THEY DO NOT VARY PROVIDED THAT THE TRANSACTIONS ARE OF THE SAME KIND .
ON THE OTHER HAND REBATES ALLOWING FOR VARIATION IN CURRENT ECONOMIC TRENDS (' CONJUNCTURAL ' REBATES ) ARE NOT CONNECTED WITH SUCH FEATURES BUT ARE GRANTED BECAUSE OF MARKET CONDITIONS WHICH AFFECT OR ARE CAPABLE OF AFFECTING A TOTALITY OF TRADERS SO THAT THEY ARE INTENDED TO FLUCTUATE IN ACCORDANCE WITH PERIODICALLY RECORDED CHANGES IN THE MARKET CONDITIONS . MOREOVER, ONLY AN EXACT SPECIFICATION OF THE VARIOUS FACTORS WHICH CAUSE PRICES TO VARY TO THE ADVANTAGE OF CERTAIN TRANSACTIONS FROM THOSE SHOWN IN THE PRICE LIST CAN PREVENT DISCRIMINATION AGAINST OTHER BUYERS, WHO, ALTHOUGH THEY DO NOT BENEFIT FROM THESE ADVANTAGES, MAY BE IN A COMPARABLE SITUATION . IN PARTICULAR, CONJUNCTURAL REBATES ARE, FOR THE REASONS GIVEN ABOVE, AN EXAMPLE OF A DISCOUNT WHICH OTHER CONSUMERS COULD JUSTIFIABLY CLAIM . THEREFORE THE APPLICANT'S ARGUMENT THAT THE PRICE ADVANTAGES GRANTED TO BUYERS IN COMPARABLE SITUATIONS SHOULD BE CONSIDERED ' HAVING REGARD TO ALL DISCOUNTS TAKEN TOGETHER ' DOES NOT SATISFY THE REQUIREMENTS OF ARTICLE 60(1 ) OF THE TREATY .
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IN THIS CASE THE REASONS FOR THE ALLOWANCE OF CONJUNCTURAL DISCOUNTS MUST BE SOUGHT IN THE CRISIS WHICH AFFECTED THE COMMON MARKET IN STEEL AT THAT TIME . HAVING REGARD TO THE PRINCIPLE LAID DOWN IN ARTICLE 60(1 ) OF THE TREATY THE GRANTING OF CONJUNCTURAL DISCOUNTS IN SOME ONLY OF THE TRANSACTIONS REFERRED TO IN THE CONTESTED DECISION CAN ONLY BE PERMITTED IF IT CAN BE SHOWN THAT THESE TRANSACTIONS WERE NOT ALL COMPARABLE SO FAR AS CURRENT ECONOMIC TRENDS WERE CONCERNED . IN CONFORMITY WITH DECISION NO 30/53 THE ONUS IS ON THE SELLER TO SHOW THAT TRANSACTIONS SUBJECT TO PRICES OR CONDITIONS OF SALE WHICH ARE DISSIMILAR OR WHICH ARE NOT SHOWN IN THE PRICE LIST ARE NOT COMPARABLE TRANSACTIONS . SUCH EVIDENCE HAS NOT BEEN PRODUCED IN THIS CASE .
THEREFORE THE APPLICANT'S SECOND ARGUMENT MUST ALSO BE REJECTED .
B - THE DUTY OF PUBLICATION
THE FINE IMPOSED BY THE CONTESTED DECISION ALSO PENALIZES BREACHES OF THE OBLIGATION TO MAKE PUBLIC PRICE LISTS AND CONDITIONS OF SALE LAID DOWN IN ARTICLE 60(2 ) OF THE TREATY AND ARTICLE 2 OF DECISION NO 31/53 AS AMENDED AND SUPPLEMENTED BY DECISION NOS 32/53, 2/54, 32/56 AND 20/63 . THE BREACHES IN RESPECT OF WHICH THE FINE WAS IMPOSED RELATE TO DISCOUNTS WHICH WERE NOT MADE PUBLIC AND WERE GRANTED IN TRANSACTIONS CONCLUDED IN 1965 BETWEEN THE APPLICANT AND TWENTY-THREE CONSUMERS, NINETEEN FRENCH AND FOUR GERMAN .
THE APPLICANT SUBMITS THAT, SINCE THE FIRST SENTENCE OF ARTICLE 2 ( AS AMENDED ) OF DECISION NO 30/53 PERMITS IN CERTAIN CIRCUMSTANCES EXCEPTIONS TO AND DEPARTURES FROM THE PRICE LIST, IT IS INCONSISTENT TO MAINTAIN THAT ACCORDING TO THE FOLLOWING SENTENCE THESE EXCEPTIONS AND DEPARTURES ARE SUBJECT TO THE PRICE