S POWERS .
SECOND PART OF THE SUBMISSION : INFRINGEMENT OF ARTICLE 6 ( 4 ) ( A ) OF REGULATION NO 804/68
37 IT SHOULD BE NOTED IN THAT REGARD, AS THE COMMISSION RIGHTLY EMPHASIZES, THAT ALTHOUGH, ACCORDING TO ARTICLE 6 ( 4 ) ( A ) OF REGULATION NO 804/68, THE INTERVENTION SYSTEM IS TO BE SO APPLIED THAT THE COMPETITIVE POSITION OF BUTTER ON THE MARKET IS MAINTAINED, THAT PROVISION DOES NOT MEAN THAT THE COMPETITIVE RELATIONSHIP BETWEEN BUTTER AND OTHER PRODUCTS WHICH ARE PARTIAL SUBSTITUTES FOR IT MAY BE REGARDED AS FIXED AND UNCHANGEABLE . ON THE CONTRARY, HAVING REGARD TO THE IMPORTANCE OF THE PLACE OF BUTTER IN THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS, THE INSTITUTIONS MUST ENSURE THAT THE COMPETITIVE POSITION OF THAT PRODUCT DOES NOT DETERIORATE AND, IF NECESSARY, ENSURE THAT IT IS IMPROVED IN ORDER TO RESTORE THE BALANCE OF THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS . IT IS FOR THAT PURPOSE THAT THE COMMISSION WAS GRANTED POWERS TO ADOPT, AT TIMES WHEN IT IS DIFFICULT TO DISPOSE OF BUTTER, MEASURES LEADING TO AN INCREASE IN THE CONSUMPTION OF BUTTER BY VIRTUE OF A REDUCTION IN THE PRICE OF THAT PRODUCT, WHICH ALSO PERMITS IT TO ACHIEVE THE OTHER AIMS REFERRED TO IN ARTICLE 6 ( 4 ) ( B ) AND ( C ) OF REGULATION NO 804/68, NAMELY TO PRESERVE THE INITIAL QUALITY OF BUTTER AND TO HOLD STOCKS ON THE MOST RATIONAL BASIS POSSIBLE . A SCHEME SUCH AS THE ONE AT ISSUE IS PRECISELY DESIGNED TO ACHIEVE THOSE OBJECTIVES .
38 IT FOLLOWS FROM WHAT HAS BEEN SAID THAT BY ADOPTING THE CONTESTED REGULATION SETTING UP A CHRISTMAS BUTTER SCHEME, THE COMMISSION DID NOT ACT FOR PURPOSES OTHER THAN THOSE FOR WHICH THE POWERS HAD BEEN CONFERRED ON IT BY THE AFOREMENTIONED COUNCIL REGULATION .
39 ON ALL THOSE GROUNDS THE APPLICATION MUST BE DISMISSED, AND IT IS NOT NECESSARY TO CONSIDER THE OBJECTIONS OF INADMISSIBILITY RAISED BY THE COMMISSION .
Decision on costs
COSTS
40 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE APPLICANT HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT
HEREBY :
( 1 ) DISMISSES THE APPLICATION;
( 2 ) ORDERS THE APPLICANT TO PAY THE COSTS .