INTO THAT BOATMEN WHO WERE NATIONALS OF OTHER MEMBER STATES WOULD NOT BE ENTERED IN THE REGISTER OF THAT CHAMBER AND WOULD CONSEQUENTLY BE BARRED FROM BECOMING MEMBERS OF EATE AND THUS FROM OBTAINING A REFUND OF THE EATE LEVY .
28 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE SECOND SUBMISSION MUST ALSO BE REJECTED .
THE ALLEGED FAILURE TO STATE SUFFICIENT REASONS FOR THE REFUSAL TO GRANT EXEMPTION
29 THE APPLICANT CONSIDERS THAT NO SUFFICIENT REASONS ARE GIVEN FOR THE DECISION IN QUESTION INASMUCH AS THE COMMISSION FAILED TO TAKE INTO ACCOUNT THE FACT THAT FOREIGN BOATMEN DERIVED INDIRECT BENEFIT FROM EATE' S ACTIVITIES . IT EXPLAINS THAT SOME FRENCH BOATMEN, WHO HAD PREVIOUSLY CARRIED BOTH EXPORT TRAFFIC AND INLAND TRAFFIC, BEGAN TO CONCENTRATE ON INLAND TRAFFIC, WHICH HAD BECOME MORE PROFITABLE AS A RESULT OF EATE' S ACTIVITIES . AT THE HEARING IT SUBMITTED STATISTICS WHICH IT SAID SHOWED THAT BOATMEN FROM OTHER MEMBER STATES INCREASED THEIR SHARE OF THE MARKET FOR EXPORT TRAFFIC DURING THE PERIOD OF APPLICATION OF THE INTER-ASSOCIATION AGREEMENT .
30 IT MUST BE EMPHASIZED THAT IN ITS DECISION THE COMMISSION RECOGNIZED THAT EATE' S ACTIVITIES BENEFITED ALL BOATMEN TAKING PART IN THE QUEUING SYSTEM, INCLUDING THOSE CARRYING EXPORT TRAFFIC . HOWEVER, IT CONSIDERED THAT THE BENEFITS OBTAINED BY FOREIGN BOATMEN WERE NOT SUFFICIENT TO OFFSET THE SERIOUS DISADVANTAGES THEY HAD SUFFERED .
31 THAT ASSESSMENT IS NOT AFFECTED BY THE FACT THAT THOSE BOATMEN MAY HAVE INCREASED THEIR SHARE OF THE MARKET FOR EXPORT TRAFFIC AND THUS OBTAINED SOME BENEFIT IN RETURN FOR THE EATE LEVY . IT IS CERTAINLY NOT POSSIBLE TO CONCLUDE FROM THE FIGURES SUBMITTED BY THE APPLICANT AT THE HEARING THAT THOSE BENEFITS WERE IN PROPORTION TO THE CHARGES IMPOSED ON FOREIGN BOATMEN .
32 ON THE BASIS OF THE FOREGOING CONSIDERATIONS IT IS TO BE CONCLUDED THAT THE ACTION BROUGHT BY ANTIB AGAINST THE COMMISSION' S DECISION OF 10 JULY 1985 MUST BE DISMISSED AS UNFOUNDED .
Decision on costs
COSTS
33 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE ANTIB HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT ( FIFTH CHAMBER )
HEREBY :
( 1 ) DISMISSES THE ACTION;
( 2 ) ORDERS ANTIB TO PAY THE COSTS .