DISTILLATION .
20TAKING THE VIEW THAT THAT CONDITION WAS FULFILLED FOLLOWING THE ABUNDANT HARVEST OF 1970/1971 THE COUNCIL DECIDED , IN REGULATION NO 766/72 OF 17 APRIL 1972 LAYING DOWN GENERAL RULES GOVERNING THE DISTILLATION OF TABLE WINES DURING THE PERIOD FROM 24 APRIL 1972 TO 27 MAY 1972 ( JOURNAL OFFICIEL L 91 OF 18 APRIL 1972 , P . 1 ), TO OPEN A DISTILLATION SEASON AND TO SET UP A SYSTEM OF AIDS FOR THAT PURPOSE .
21THE FRENCH GOVERNMENT TOOK THE VIEW THAT THE MINIMUM PRICE AND THE AMOUNT OF THE AID FIXED UNDER THAT SCHEME WERE INSUFFICIENT AND , AS A NATIONAL MEASURE , MADE PROVISION FOR ADDITIONAL AIDS .
22THE COMMISSION REGARDED THAT MEASURE AS INCOMPATIBLE WITH THE RELEVANT COMMUNITY RULES AND IN JULY 1972 IT INITIATED AGAINST FRANCE THE PROCEDURE UNDER ARTICLE 169 OF THE TREATY FOR FAILURE TO FULFIL AN OBLIGATION UNDER THE TREATY .
23HOWEVER , IN MAY 1973 THE COMMISSION INFORMED THE FRENCH GOVERNMENT THAT AS THE MEASURES IN QUESTION RELATED TO THE PAST IT HAD DECIDED NOT TO PURSUE THE PROCEDURE UNDER ARTICLE 169 WHICH HAD BEEN INITIATED , WHILST ADDING THAT THAT DECISION DID NOT PREJUDGE THE FINAL CLOSURE OF THE ACCOUNTS TO BE CARRIED OUT ANNUALLY BY THE COMMISSION ON BEHALF OF THE EAGGF .
24IN THE COURSE OF THE PRESENT PROCEEDINGS THE FRENCH GOVERNMENT ARGUED THAT THE COMMISSION MISUSED THE PROCEDURE BY REOPENING THE MATTER ON THE OCCASION OF THE DISCHARGE OF THE ACCOUNTS ONCE IT HAD DISCONTINUED THE PROCEDURE FOR FAILURE TO FULFIL TREATY OBLIGATIONS .
25THAT ARGUMENT , HOWEVER , CANNOT BE UPHELD .
26IN FACT THE TWO PROCEDURES ARE INDEPENDENT OF EACH OTHER AS THEY SERVE DIFFERENT AIMS AND ARE SUBJECT TO DIFFERENT RULES
27THE PROCEDURE UNDER ARTICLE 169 OF THE TREATY ON THE GROUND OF FAILURE TO COMPLY WITH TREATY OBLIGATIONS IS FOR THE PURPOSE OF OBTAINING A DECLARATION THAT THE CONDUCT OF A MEMBER STATE INFRINGES COMMUNITY LAW AND OF TERMINATING THAT CONDUCT ; THE COMMISSION REMAINS AT LIBERTY , IF THE MEMBER STATE HAS PUT AN END TO THE ALLEGED FAILURE , TO DISCONTINUE THE PROCEEDINGS BUT SUCH DISCONTINUANCE DOES NOT CONSTITUTE RECOGNITION THAT THE CONTESTED CONDUCT IS LAWFUL .
28AS COMMUNITY LAW NOW STANDS THE PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS , ON THE OTHER HAND , SERVES TO DETERMINE NOT ONLY THAT THE EXPENDITURE WAS ACTUALLY AND PROPERLY INCURRED BUT ALSO THAT THE FINANCIAL BURDEN OF THE COMMON AGRICULTURAL POLICY IS CORRECTLY APPORTIONED BETWEEN THE MEMBER STATES AND THE COMMUNITY AND IN THIS RESPECT THE COMMISSION HAS NO DISCRETIONARY POWER TO DEROGATE FROM THE RULES REGULATING THE ALLOCATION OF EXPENSES .
29THE SUM IN QUESTION WHICH , IN THE OPINION OF THE FRENCH GOVERNMENT , SHOULD BE CHARGED TO THE EAGGF , REPRESENTS , IN RESPECT OF ALL THE QUANTITIES OF WINE WHICH HAVE BEEN DISTILLED , THAT PROPORTION OF THE AID GRANTED WHICH CORRESPONDS TO THE RATES FIXED BY COMMUNITY RULES WHILST THE PROPORTION CORRESPONDING TO