MOVEMENT IN STOCK LEVELS IN THE NETHERLANDS , WHERE TOTAL STOCKS STOOD AT ABOUT 3 000 TONNES THROUGHOUT 1979 AND AT ABOUT 5 000 TONNES DURING THE GREATER PART OF 1980 , BUT SOARED TO 12 000 TONNES DURING THE LAST QUARTER OF 1980 AND ONLY GRADUALLY RETURNED TO THE LEVEL OF 5 000 TONNES IN THE COURSE OF 1981 .
16 ALTHOUGH WUNSCHE DISPUTED THOSE FIGURES , IT MUST NEVERTHELESS BE SAID THAT THE COMMISSION WAS JUSTIFIED IN BASING ITSELF ON STATISTICS WHICH , AS IT STATED , CAME DIRECTLY FROM THE NETHERLANDS MINISTRY OF AGRICULTURE AND WHICH , MOREOVER , WERE CONFIRMED BY THAT MINISTRY IN REPLY TO TELEX MESSAGES IN WHICH THE COMMISSION HAD EXPRESSLY REQUESTED SUCH CONFIRMATION .
17 THE THIRD FACTOR TO BE TAKEN INTO CONSIDERATION IN JUDGING WHETHER CONDITIONS EXISTED WHICH WARRANTED THE ADOPTION OF A PROTECTIVE MEASURE IS THE TREND IN THE PRICES OF COMMUNITY PRODUCTS .
18 WHEREAS , ACCORDING TO WUNSCHE , THE PRICES OF COMMUNITY PRODUCTS ACTUALLY INCREASED DURING 1980 , THE COMMISSION FOR ITS PART MAINTAINS THAT THE PRICES FELL .
19 IN THAT REGARD IT SHOULD BE OBSERVED THAT THE DOCUMENTS LAID BEFORE THE COURT DISCLOSE THAT COMMUNITY PRICES DURING 1980 DISPLAYED A DEFINITE DOWNWARD TREND AND DID SO IN SPITE OF INFLATION .
20 AS REGARDS THE FOURTH FACTOR TO BE TAKEN INTO CONSIDERATION , NAMELY THE PRICES OF MUSHROOMS IMPORTED FROM NON-MEMBER COUNTRIES , IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT , ALTHOUGH THOSE PRICES HAD RISEN IN RELATIVE TERMS DURING 1980 , THEY WERE STILL COMPETITIVE BY COMPARISON WITH THE PRICES OF MUSHROOMS PRODUCED IN THE COMMUNITY .
21 IN THE LIGTH OF ALL THOSE FACTORS , THE CONCLUSION MUST THEREFORE BE DRAWN THAT IT DOES NOT APPEAR THAT THE COMMISSION , IN ASSESSING THE STATE OF THE MARKET , COMMITTED ANY SERIOUS AND MANIFEST ERROR SUCH AS MIGHT INVALIDATE REGULATION NO 3429/80 .
22 THE SECOND ARGUMENT PUT FORWARD BY WUNSCHE IS BASED ON THE CLAIM THAT THE LIST OF POTENTIAL PROTECTIVE MEASURES SET FORTH IN ARTICLE 2 ( 1 ) OF COUNCIL REGULATION NO 521/77 IS EXHAUSTIVE AND THAT THE COMMISSION IS EMPOWERED , IN THE CIRCUMSTANCES ENVISAGED BY ARTICLE 14 ( 1 ) OF COUNCIL REGULATION NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( OFFICIAL JOURNAL 1977 , L 73 , P . 1 ), TO DO NO MORE THAT ADOPT ONE OF THE PROTECTIVE MEASURES APPEARING IN THAT LIST . BY INTRODUCING AN ADDITIONAL AMOUNT OF 175 ECU PER 100 KG NET AS A PROTECTIVE MEASURE , WHEN THE ONLY MEASURES CONTAINED IN THE ABOVE- MENTIONED LIST ARE , ON THE ONE HAND , THE TOTAL OR PARTIAL DISCONTINUATION OF THE ISSUE OF CERTIFICATES OR THE REJECTION OF ALL OR SOME OF THE APPLICATIONS FOR CERTIFICATES AND , ON THE OTHER , A SYSTEM OF MINIMUM PRICES , THE COMMISSION IS SAID TO HAVE EXCEEDED