WHICH PROMPTED THE TRIBUNALE AMMINISTRATIVO TO RAISE THE QUESTION WHETHER POWER TO ALTER THE BASIC QUOTAS IN THE CIRCUMSTANCES SET OUT IN ARTICLE 2 ( 2 ) OF REGULATION NO 3331/74 DOES NOT JEOPARDIZE THE CARRYING ON OF ECONOMIC ACTIVITY BY THE UNDERTAKINGS CONCERNED AND THEREBY INFRINGE THEIR FUNDAMENTAL RIGHTS .
21 THE REPLY TO THAT QUESTION MUST BE GIVEN ON THE BASIS OF AN EXAMINATION OF THE NATURE OF THE BASIC QUOTAS LAID DOWN BY THE COMMUNITY RULES . THE QUOTAS SPECIFY THE QUANTITIES OF SUGAR IN RESPECT OF WHICH THE UNDERTAKINGS ENJOY THE GUARANTEES AS TO PRICE AND MARKETING PROVIDED FOR PRODUCERS IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKET . THEY DO NOT RESTRICT THE ECONOMIC ACTIVITY OF THE UNDERTAKINGS IN QUESTION BUT FIX THE QUANTITIES OF PRODUCTION WHICH MAY BE MARKETED IN ACCORDANCE WITH THE SPECIAL ARRANGEMENTS ESTABLISHED BY THE COMMON ORGANIZATION OF THE MARKET IN SUGAR TO PROTECT AND ASSIST THE PRODUCTION OF SUGAR IN THE COMMUNITY . IT IS AN ESSENTIAL FEATURE OF THAT ORGANIZATION OF THE MARKET THAT IT IS VARIABLE IN TERMS OF THE ECONOMIC FACTORS WHICH AFFECT THE DEVELOPMENT OF THE MARKET AND IN TERMS OF THE GENERAL DIRECTION OF THE COMMON AGRICULTURAL POLICY .
22 IT FOLLOWS THAT AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET AND WHICH IT ENJOYED AT A GIVEN TIME . IN THOSE CIRCUMSTANCES A REDUCTION IN SUCH AN ADVANTAGE CANNOT BE CONSIDERED AS CONSTITUTING AN INFRINGEMENT OF A FUNDAMENTAL RIGHT .
23 WITH REGARD TO THE FIRST FOUR QUESTIONS THE REPLY MUST BE THAT CONSIDERATION OF THOSE QUESTIONS HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATION NO 3331/74 , AND IN PARTICULAR ARTICLE 2 ( 2 ) THEREOF .
INTERPRETATION
QUESTION 5 ( RESTRUCTURING PLANS )
24 THE TRIBUNALE AMMINISTRATIVO ASKS IN THE FIFTH QUESTION WHETHER REGULATION NO 3331/74 OR COMMUNITY LAW IN GENERAL LAY DOWN SPECIFIC CRITERIA FOR THE APPRAISAL OF CONCEPT OF ' ' RESTRUCTURING PLANS ' ' .
25 IT SHOULD BE NOTED FIRST OF ALL THAT THE RESTRUCTURING PLANS FORM PART OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR AND THAT THEY ARE ACCORDINGLY AN ELEMENT OF THE COMMON AGRICULTURAL POLICY AS A WHOLE , THE OBJECTIVES OF WHICH ARE FIXED BY ARTICLE 39 ( 1 ) OF THE TREATY . ARTICLE 39 ( 2 ) STATES THAT IN WORKING OUT THE COMMON AGRICULTURAL POLICY AND THE SPECIAL METHODS FOR ITS APPLICATION ACCOUNT SHALL BE TAKEN OF THE PARTICULAR NATURE OF AGRICULTURAL ACTIVITY , WHICH RESULTS FROM THE SOCIAL STRUCTURE OF AGRICULTURE AND FROM STRUCTURAL AND NATURAL DISPARITIES BETWEEN THE VARIOUS AGRICULTURAL REGIONS AND THE NEED TO EFFECT THE APPROPRIATE ADJUSTMENTS BY DEGREES . THE PRACTICE OF THE COMMUNITY INSTITUTIONS , WITH REGARD FOR EXAMPLE TO THE APPLICATION OF ARTICLES 92 AND 93 OF THE TREATY , SHOWS THAT RESTRUCTURING PLANS CONSTITUTE A