OF CERTAIN UNDERTAKINGS AND THEREBY PLACE THEIR COMPETITORS AT A DISADVANTAGE ARE CONTRARY TO THE GENERAL PRINCIPLES OF COMMUNITY LAW, AND IN PARTICULAR TO THE PRINCIPLE OF FREEDOM TO PURSUE A TRADE OR PROFESSION, THE PRINCIPLE OF GENERAL FREEDOM TO PURSUE ANY LAWFUL ACTIVITY AND THE PRINCIPLE OF FREEDOM OF COMPETITION .
16 IT MUST BE EMPHASIZED THAT THIS QUESTION CANNOT BE CONSIDERED IN SUCH GENERAL TERMS BUT MUST BE SET IN THE CONTEXT OF THE MAIN PROCEEDINGS . MORE SPECIFICALLY, IT IS NECESSARY TO ASCERTAIN WHETHER A DECISION SUCH AS THAT WHEREBY ON 25 FEBRUARY 1985 THE COMMISSION ORDERED THE CONTESTED OPERATION TO BE CARRIED OUT IS CONTRARY TO THE AFORESAID PRINCIPLES INASMUCH AS IT HAS THE EFFECT OF IMPROVING THE POSITION OF BUTTER PRODUCERS AND THEREBY PLACES MARGARINE PRODUCERS AT A DISADVANTAGE .
17 IN THAT REGARD, IT SHOULD BE NOTED THAT THE OPERATION PROVIDED FOR BY THE DECISION OF 25 FEBRUARY 1985 WAS TO BE FOLLOWED BY A SURVEY ON THE MARGINAL COST AND EFFECTIVENESS OF THE PRICE REDUCTION PUT INTO EFFECT . THE MARGINAL COST IS THE FINANCIAL BURDEN BORNE BY THE COMMUNITY AS A RESULT OF THE SALE OF EACH ADDITIONAL PACKET OF OPEN-MARKET BUTTER . THE EFFECTIVENESS OF THE OPERATION IS THE INCREASE IN CONSUMPTION OF OPEN-MARKET BUTTER RESULTING FROM THE PRICE REDUCTION PUT INTO EFFECT . THEREFORE THE PURPOSE OF THE CONTESTED OPERATION WAS TO DETERMINE THE EXTENT TO WHICH THE PRICE OF BUTTER HAD TO BE REDUCED IN ORDER TO OBTAIN BOTH THE GREATEST POSSIBLE INCREASE IN TOTAL CONSUMPTION AND THE MAXIMUM REDUCTION IN THE COST OF THE INTERVENTION SYSTEM .
18 IF THE COUNCIL HAD DECIDED, IN THE LIGHT OF THE RESULTS OF THE OPERATION, TO REDUCE THE INTERVENTION PRICE OF BUTTER, THE MARGARINE PRODUCERS WOULD HAVE BEEN UNABLE TO COMPLAIN THAT THEIR FUNDAMENTAL RIGHTS HAD BEEN INFRINGED . AS THE COURT HELD IN ITS JUDGMENT OF 27 SEPTEMBER 1979 IN CASE 230/78 ERIDANIA (( 1979 )) ECR 2749, AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM AN ORGANIZATION OF THE MARKET IN THE FORM IN WHICH IT EXISTED AT A GIVEN TIME . THAT PRINCIPLE ALSO APPLIES TO UNDERTAKINGS WHICH ARE NOT COVERED BY THE ORGANIZATION OF THE MARKET IN QUESTION . SINCE A CHANGE IN THE COUNCIL' S POLICY ON PRICES DOES NOT CONSTITUTE INTERFERENCE WITH THE FUNDAMENTAL RIGHTS RELIED UPON, THE SAME HOLDS TRUE A FORTIORI IN THE CASE OF A DECISION TO CONDUCT A PILOT SCHEME IN ORDER TO ASCERTAIN WHAT THE COUNCIL' S POLICY SHOULD BE . ACCORDINGLY, IT WOULD SERVE NO PURPOSE TO ASCERTAIN WHETHER, AS THE NATIONAL COURT STATES, A DECISION DIRECTING SUCH AN OPERATION TO BE CARRIED OUT HAS THE EFFECT OF FAVOURING BUTTER PRODUCERS .
19 ACCORDINGLY, THE ANSWER TO THE THIRD QUESTION MUST BE THAT A DECISION SUCH AS THAT WHEREBY, ON 25 FEBRUARY 1985, THE COMMISSION DIRECTED THE CONTESTED OPERATION TO BE CARRIED OUT DOES NOT CONFLICT WITH THE PRINCIPLE OF