BETWEEN THE PRICE ON THE WORLD MARKET AND THE HIGHER COMMUNITY PRICE , SO AS TO PROTECT AND STABILIZE THE COMMUNITY MARKET WHILST PREVENTING PRICE FLUCTUATIONS ON THE WORLD MARKET FROM HAVING REPERCUSSIONS WITHIN THE COMMUNITY .
41 AS REGARDS THE ' ACCESSION ' COMPENSATORY AMOUNTS , THE COURT HAS HAD OCCASION TO POINT OUT IN ITS JUDGMENT OF 11 JULY 1978 ( CASE 6/78 UNION FRANCAISE DES CEREALES ( 1978 ) ECR 1675 ) THAT THEIR FUNCTION WAS TO COMPENSATE FOR ANY DIFFERENCE WHICH MAY HAVE PERSISTED DURING THE TRANSITIONAL PERIOD , BETWEEN THE PRICES FIXED FOR THE NEW MEMBER STATES AND THE COMMON PRICES , AND THEREBY TO FACILITATE THE TRANSITION OF THOSE STATES FROM THEIR PREVIOUS STATUS AS NON-MEMBER COUNTRIES TO THEIR NEW STATUS AS MEMBER STATES .
42 THE OBJECTIVES PURSUED BY IMPORT LEVIES , ON THE ONE HAND , AND ' ACCESSION ' COMPENSATORY AMOUNTS , ON THE OTHER , DO NOT THEREFORE COINCIDE WITH THE FUNCTION PERFORMED BY M.C.A.S , NAMELY TO COUNTERACT THE DIFFICULTIES WHICH MIGHT ARISE FOR THE PROPER WORKING OF THE COMMON ORGANIZATION OF THE MARKET AS A RESULT OF CURRENCY INSTABILITY AND - AS MATTERS NOW STAND - DIVERGENCES BETWEEN THE REPRESENTATIVE RATES USED IN THE COMMON AGRICULTURAL POLICY AND THE CONVERSION RATES ON THE MARKET .
43 CONSEQUENTLY , NO IMPORTANCE MAY BE ATTACHED TO THE FACT THAT M.C.A.S FOR PIGMEAT WERE FOR A LONG TIME CALCULATED IN A MANNER WHICH DIFFERED FROM THE METHOD OF CALCULATING IMPORT LEVIES AND ' ACCESSION ' COMPENSATORY AMOUNTS APPLICABLE TO THE SAME PRODUCT .
44 IT MUST THEREFORE BE CONCLUDED THAT THE ARGUMENTS BROUGHT BY THE APPLICANTS HAVE NOT DISCLOSED ANY INFRINGEMENT OF ARTICLE 39 ( 1 ) ( B ) AND ( C ) OF THE EEC TREATY .
45 THAT BEING SO , IT IS NOT NECESSARY TO CONSIDER WHETHER THE OTHER CONDITIONS POSTULATED IN THE COURT ' S CASE-LAW IN ORDER FOR THE COMMUNITY TO INCUR NON-CONTRACTUAL LIABILITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY ARE FULFILLED .
46 THE APPLICATION MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
47 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE APPLICANTS HAVE FAILED IN THEIR SUBMISSIONS THEY MUST BE ORDERED TO PAY THE COSTS .
ON THOSE GROUNDS ,
Operative part
THE COURT ( FOURTH CHAMBER )
HEREBY :
( 1 ) DISMISSES THE APPLICATION ;
( 2 ) ORDERS THE APPLICANTS TO PAY THE COSTS .