ATTAINED BY THE METHODS LAID DOWN IN SUBPARAGRAPH ( 1 ) ( A ). HOWEVER IN THIS CASE IT IS NOT A QUESTION OF ACHIEVING THE OBJECTIVES LAID DOWN IN SUBPARAGRAPH ( 1 ) ( B ) BUT ONLY OF ENSURING THAT THEIR ATTAINMENT IS NOT IMPEDED BY THE APPLICATION OF OTHER PROVISIONS OF THE TREATY, IN THIS CASE ARTICLE 25 . IT FOLLOWS THAT, IF THE COMMISSION ADMITS THAT THERE IS COMPETITION BETWEEN ORANGES ON THE ONE HAND, AND APPLES, PEARS AND PEACHES ON THE OTHER, THE STABILIZATION OF THE MARKET FOR THESE LATTER PRODUCTS MAY BE IMPEDED BY THE IMPORTATION OF CHEAP ORANGES . FINALLY IF THE CONTESTED REFUSAL LEADS TO AN INCREASE IN THE PRICE OF ORANGES, THIS DOES NOT IMPLY THAT THESE PRICES ARE THEREFORE NO LONGER REASONABLE WITHIN THE MEANING OF ARTICLE 39 ( 1 ) ( E ).
WHEN THE COMMISSION STATES THAT 'IT IS KNOWN THAT IN THE CASE OF MOST AGRICULTURAL PRODUCTS THE PEOPLE WOULD BE ASSURED BETTER AND LESS EXPENSIVE SUPPLIES IF AN AGRICULTURAL POLICY HAVING AS ONE OF ITS OBJECTIVES THE STABILIZATION OF THE MARKET COULD BE ABANDONED ETC .', THE COMMISSION HAS CORRECTLY STRESSED THAT THE EXPRESSION 'REASONABLE PRICES', HAS TO BE CONSIDERED IN THE LIGHT OF AN AGRICULTURAL POLICY AS LAID DOWN BY THE TREATY AND CANNOT BE TAKEN TO MEAN THE LOWEST POSSIBLE PRICES .
THE COMPLAINT THAT ARTICLE 39 HAS BEEN INFRINGED MUST THEREFORE BE DISMISSED .
ACCORDING TO THE APPLICANT THE COMMISSION HAS ALSO INFRINGED THE TREATY BY RELYING ON ARTICLE 8 ( 2 ) OF REGULATION N . 23 OF THE COUNCIL REFERRING TO THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF MARKETS IN THE FRUIT AND VEGETABLE SECTOR .
THE DEFENDANT HAS REPLIED THAT IT QUOTED THIS PROVISION BECAUSE IT CONFIRMS THE GREAT IMPORTANCE OF THE PART PLAYED BY THE COMMON CUSTOMS TARIFF IN THE ESTABLISHMENT OF A COMMON MARKET IN FRUIT AND VEGETABLES .
IT HAS NOT BEEN SHOWN THAT BY THIS PROVISION THE COUNCIL INTENDED TO IMPOSE OBLIGATIONS ON THE COMMISSION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY ARTICLE 25 ( 3 ).
THIS COMPLAINT THEREFORE IS UNFOUNDED .
FINALLY THE APPLICANT DISPUTES THE RELEVANCE OF THE STATEMENTS OF FACT UPON WHICH THE COMMISSION HAS BASED ITS REFUSAL AND CHALLENGES IN PARTICULAR THE ARGUMENTS THAT, ON THE ONE HAND, ORANGES, APPLES, PEARS AND PEACHES CAN BE SUBSTITUTED FOR EACH OTHER, AND ON THE OTHER HAND, THAT THE GRANT OF THE EXEMPTION REQUESTED WOULD IMPEDE THE AGRICULTURAL POLICY IN THE FRUIT SECTOR AND, FINALLY, THAT THE IMPORTATION OF CHEAP ORANGES WOULD PREVENT THE RATIONALIZATION AND STABILIZATION OF THE MARKETS FOR APPLES, PEARS AND PEACHES .
THE STATEMENT OF REASONS FOR THE CONTESTED DECISION IS BASED ON THE ASSERTION THAT THE SAID FRUITS CAN BE SOLD ON THE MARKET AT THE SAME TIME AND CAN BE SUBSTITUTED FOR EACH OTHER WITHOUT DIFFICULTY . THE COMMISSION CONCLUDES FROM THIS THAT A REDUCTION IN THE PRICE OF ORANGES MIGHT PREVENT THE ATTAINMENT