THE RISE IN PRICES OF CERTAIN FOODSTUFFS MADE FROM DURUM WHEAT AT CONSUMER LEVEL .
5 SUCH INTERVENTION BY A MEMBER STATE IS COMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ONLY IN SO FAR AS IT DOES NOT JEOPARDIZE THE OBJECTIVES OR OPERATION OF THAT ORGANIZATION .
SINCE ONE OF THE PRINCIPAL OBJECTIVES OF THE ORGANIZATION IS TO GUARANTEE TO PRODUCERS A PRICE BASED ON THE TARGET PRICE THIS OBJECTIVE IS JEOPARDIZED WHERE THE ACTIONS OF THE STATE AGENCY ARE OF SUCH A NATURE AS TO INFLUENCE CONDITIONS ON THE MARKET AND TO INDUCE A TENDENCY TO FORCE PRICES BELOW THAT LEVEL .
IT MUST THEREFORE BE CONCLUDED THAT THE ACTION OF A MEMBER STATE IN PURCHASING DURUM WHEAT ON THE WORLD MARKET AND SUBSEQUENTLY RESELLING IT ON THE COMMUNITY MARKET AT A PRICE LOWER THAN THE TARGET PRICE IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN CEREALS .
6 THIS SITUATION DOES NOT HOWEVER IMPLY THAT A SPECIFIC PRODUCER CAN CLAIM THAT HE HAS SUFFERED DAMAGE WHERE HE HAS SOLD HIS PRODUCTS ABOVE THE TARGET PRICE , THEREBY OBTAINING THE ADVANTAGES WHICH THE REGULATION IS INTENDED TO PRODUCE .
IN FACT UNDER COMMUNITY RULES AN INDIVIDUAL PRODUCER MAY CLAIM THAT HE SHOULD NOT BE PREVENTED FROM OBTAINING A PRICE APPROXIMATING TO THE TARGET PRICE AND IN ANY EVENT NOT LOWER THAN THE INTERVENTION PRICE .
REGULATION NO 120/67 IS IN FACT INTENDED TO SHIELD THE DEVELOPMENT OF COMMUNITY AGRICULTURAL PRODUCTION FROM FLUCTUATIONS IN WORLD PRICES AND THEREBY TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY AND TO STABILIZE MARKETS BY MEANS OF COMMUNITY LEVIES AND REFUNDS , PROTECTING THE OPERATION OF THE COMMON AGRICULTURAL MARKET AGAINST THE RISKS OF THE WORLD MARKET .
7 THAT REGULATION IS THEREFORE NOT INTENDED TO GUARANTEE TO PERSONS CONCERNED THE RIGHT TO PROFIT FROM RANDOM MARKET TRENDS WHEN THE LEVEL OF WORLD PRICES EXCEEDS THAT CONSIDERED DESIRABLE FOR THE ATTAINMENT OF THE OBJECTIVES OF THE COMMON ORGANIZATION .
CONSEQUENTLY , AN INDIVIDUAL FARMER MAY NOT CLAIM THAT HE HAS SUFFERED DAMAGE UNDER COMMUNITY LAW IF THE PRICE WHICH HE HAS ACTUALLY OBTAINED ON THE MARKET EXCEEDS THE TARGET PRICE .
8 IT IS FOR THE NATIONAL COURT TO DECIDE ON THE BASIS OF THE FACTS OF EACH CASE WHETHER AN INDIVIDUAL PRODUCER HAS SUFFERED SUCH DAMAGE .
9 IF SUCH DAMAGE HAS BEEN CAUSED THROUGH AN INFRINGEMENT OF COMMUNITY LAW THE STATE IS LIABLE TO THE INJURED PARTY OF THE CONSEQUENCES IN THE CONTEXT OF THE PROVISIONS OF NATIONAL LAW ON THE LIABILITY OF THE STATE .
Decision on costs
COSTS
10 THE COSTS INCURRED BY THE ITALIAN GOVERNMENT AND BY THE COMMISSION , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT