ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY, THE PROHIBITION OF DISCRIMINATION EXPRESSED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY DOES NOT PREVENT LIKE SITUATIONS FROM BEING TREATED DIFFERENTLY WHERE SUCH TREATMENT IS OBJECTIVELY JUSTIFIED .
12 ALTHOUGH THE DIFFERENTIATION INTRODUCED BY THE CONTESTED REGULATION IS BASED ON AN OBJECTIVE FACTOR, NAMELY THE INTEREST RATES ACTUALLY PREVAILING ON THE FINANCIAL MARKETS OF THE DIFFERENT MEMBER STATES, THE PLAINTIFFS IN THE MAIN PROCEEDINGS CLAIM THAT THIS FACTOR IS NOT DECISIVE AND THAT THE DISPUTED MEASURE INTRODUCES IN FACT AN UNJUSTIFIED DIFFERENCE OF TREATMENT BETWEEN THE TRADERS CONCERNED .
13 THEY POINT OUT FIRST OF ALL THAT EACH TRADER IS FREE TO CHOOSE THE CURRENCY IN WHICH HE WILL FINANCE THE STORAGE AND THUS MAY TAKE ADVANTAGE OF LOW INTEREST RATES, IRRESPECTIVE OF THE MEMBER STATE IN WHICH HE CARRIES OUT THE STORAGE .
14 THAT ARGUMENT CANNOT BE UPHELD . ALTHOUGH TRADERS WHO STORE BUTTER IN MEMBER STATES WITH HIGH INTEREST RATES MAY FINANCE THOSE OPERATIONS BY LOANS IN CURRENCIES OF MEMBER STATES WHERE INTEREST RATES ARE LOW, THAT ADVANTAGE IS OFFSET BY THE RISK, TO WHICH THAT PRACTICE EXPOSES THEM, THAT THE EXCHANGE RATES OF THOSE CURRENCIES MIGHT CHANGE TO THEIR DETRIMENT .
15 THE PLAINTIFFS IN THE MAIN PROCEEDINGS CONTEND, SECONDLY, THAT BECAUSE OF THE DELAY IN PAYMENT BY THE NATIONAL INTERVENTION AGENCIES, THE MARKET PRICE FOR BUTTER TENDS IN EACH MEMBER STATE TO FALL LOWER THE HIGHER THE PREVAILING INTEREST RATE . A UNIFORM RATE OF REIMBURSEMENT OF FINANCING COSTS COULD THUS ELIMINATE THE COMPETITIVE DISADVANTAGE SUFFERED BY TRADERS WHO STOCK BUTTER IN MEMBER STATES WITH THE LOWEST INTEREST RATES WHERE, CONSEQUENTLY, THE MARKET PRICE IS THE HIGHEST .
16 THAT SECOND ARGUMENT CANNOT BE ACCEPTED EITHER . THE SOLE PURPOSE OF AID FOR THE PRIVATE STORAGE OF BUTTER IS IN FACT TO PROVIDE, AS FAR AS POSSIBLE, COMPENSATION FOR THE COSTS NORMALLY INCURRED BY TRADERS IN STORING BUTTER AND NOT TO ENABLE SOME OF THEM TO IMPROVE THEIR COMPETITIVENESS IN RELATION TO THEIR COMPETITORS OPERATING IN OTHER MEMBER STATES .
17 FINALLY, THE PLAINTIFFS IN THE MAIN PROCEEDINGS CONSIDER THAT DIFFERENTIATION OF THE INTEREST RATES TAKEN INTO ACCOUNT FOR THE FINANCING OF THE PRIVATE STORAGE OF BUTTER INTRODUCES DISCRIMINATION BETWEEN BUTTER PRODUCERS AND PRODUCERS OF OTHER AGRICULTURAL PRODUCTS FOR WHICH THERE IS NO SUCH DIFFERENTIATION .
18 THAT LAST ARGUMENT MUST ALSO BE DISMISSED . EACH COMMON ORGANIZATION OF THE MARKET HAS ITS OWN CHARACTERISTICS; IN THE ORGANIZATION OF THE BUTTER MARKET, STORAGE PLAYS A PARTICULAR ROLE AND REQUIRES MEASURES WHICH ARE NOT COMPARABLE WITH ANY MEASURES APPLIED TO OTHER AGRICULTURAL PRODUCTS . THE COURT HAS CONSISTENTLY HELD THAT THE FACT THAT DIFFERENT SITUATIONS ARE TREATED DIFFERENTLY DOES NOT CONSTITUTE DISCRIMINATION CONTRARY TO THE PRINCIPLE OF EQUALITY .
19 IT MUST THEREFORE BE STATED THAT THE CONTESTED REGULATION DOES NOT INFRINGE THE PRINCIPLE OF EQUAL TREATMENT ENUNCIATED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY