OF THE TREATY , AS A TRESPASS ON THE PREROGATIVES OF THE COURT .
II - SECOND SUBMISSION : BREACH OF THE DUTY TO STATE THE REASONS UPON WHICH A MEASURE IS BASED
18 THE APPLICANT CLAIMS THAT THE COUNCIL HAS GIVEN INADEQUATE REASONS FOR THE RETROACTIVE EFFECT GIVEN TO REGULATION NO 387/81 AND THEREFORE HAS INFRINGED THE PROVISIONS OF ARTICLE 190 OF THE TREATY .
19 ACCORDING TO THE CASE-LOW OF THE COURT THE STATEMENT OF THE REASONS ON WHICH A MEASURE IS BASED , WHICH IS REQUIRED BY ARTICLE 190 OF THE TREATY , MUST BE ADAPTED TO THE NATURE OF THE MEASURE IN QUESTION . IT MUST ENABLE THE REASONING OF THE COMMUNITY INSTITUTION RESPONSIBLE FOR THE MEASURE TO EMERGE CLEARLY AND UNEQUIVOCALLY SO AS TO ENABLE THOSE CONCERNED TO RECOGNIZE THE REASONS FOR THE MEASURE ADOPTED AND THE COURT TO EXERCISE ITS POWER OF REVIEW .
20 THE STATEMENT OF THE REASONS ON WHICH COUNCIL REGULATION NO 387/81 IS BASED STATES FIRST THAT ' ' COUNCIL REGULATION ( EEC ) NO 1111/77 OF 17 MAY 1977 LAYING DOWN COMMON PROVISIONS FOR ISOGLUCOSE , IN THE VERSION ESTABLISHED BY REGULATION ( EEC ) NO 1293/79 , PROVIDED FOR THE APPLICATION OF A SYSTEM OF PRODUCTION QUOTAS FOR THE PERIOD FROM 1 JULY 1979 TO 30 JUNE 1980 ' ' AND , SECONDLY THAT ' ' IN CASES 138/79 AND 139/79 THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , ON 29 OCTOBER 1980 , ANNULLED REGULATION ( EEC ) NO 1293/79 , WHICH AMENDED REGULATION ( EEC ) NO 1111/77 , ON THE GROUNDS OF AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT ; . . . IN REJECTING ALL THE ALLEGED COMPLAINTS OF BREACH OF THE PRINCIPLES OF THE LAW OF COMPETITION , OF PROPORTIONALITY AND OF NON-DISCRIMINATION MADE AGAINST THE SYSTEM OF PRODUCTION QUOTAS INTRODUCED BY REGULATION ( EEC ) NO 1293/79 , THE COURT AFFIRMED THAT THE LATTER REGULATION WAS SUBSTANTIVELY IN CONFORMITY WITH COMMUNITY LAW ; . . . IT IS THEREFORE APPROPRIATE TO REINSTATE INTER ALIA THE SYSTEM OF QUOTAS CONCERNED RETROACTIVELY .
21 LACONIC AS THESE REASONS MAY BE , THEY SATISFY THE REQUIREMENT LAID DOWN BY ARTICLE 190 OF THE TREATY . IN FACT , BY REFERRING TO THE SYSTEM OF PRODUCTION QUOTAS , WHICH MOREOVER WAS WELL KNOWN TO THOSE CONCERNED , THE PROVISIONS OF THE PREAMBLE TO THE CONTESTED REGULATION SET FORTH IN ESSENCE THE OBJECTIVE PURSUED BY THE INSTITUTION RESPONSIBLE FOR THE CONTESTED MEASURE , NAMELY TO ENSURE CONTINUITY IN TIME OF THE SYSTEM RESTRICTING ISOGLUCOSE PRODUCTION - A SYSTEM IN RESPECT OF WHICH THE COURT , IN ITS JUDGMENTS IN CASES 138/79 AND 139/79 OF 29 OCTOBER 1980 , REJECTED THE SUBSTANTIVE CRITICISMS MADE AGAINST IT BY THE APPLICANT UNDERTAKINGS - IN ORDER TO ENSURE AN EQUAL DIVISION OF BURDENS ON THE PRODUCTION OF ISOGLUCOSE AND THAT OF LIQUID SUGAR WHICH ARE IN DIRECT COMPETITION ON THE MARKET IN SWEETENERS .
22 THE SUBMISSION AS TO BREACH