THE THRESHOLD PRICES FOR CEREALS FOR THE 1974/75 MARKETING YEAR IS INVALID IN SO FAR AS IT RELATES TO SORGHUM BECAUSE IT INFRINGES ARTICLE 5 ( 1 ) OF REGULATION NO 120/67/EEC .
20SORGHUM , THE PRODUCTION OF WHICH IS ALMOST NON-EXISTENT WITHIN THE COMMUNITY , IS NOT ONE OF THE CEREALS LISTED IN ARTICLE 5 ( 1 ) OF REGULATION NO 120/67/EEC BUT COMES WITHIN ARTICLE 5 ( 2 ) OF THAT REGULATION ACCORDING TO WHICH A THRESHOLD PRICE IS FIXED FOR THAT PRODUCT FOR THE COMMUNITY IN SUCH A WAY THAT THE PRICE FOR THOSE CEREALS MENTIONED IN PARAGRAPH 1 WHICH ARE IN COMPETITION WITH SORGHUM REACHES THE TARGET PRICE ON THE DUISBURG MARKET . IT IS THEREFORE NECESSARY TO REPLY TO THE QUESTION REFERRED TO THE COURT BY EXAMINING THE VALIDITY OF REGULATION NO 1427/74 IN RELATION TO ARTICLE 5 ( 2 ) OF REGULATION NO 120/67/EEC .
21UNDER THE SOLE ARTICLE OF REGULATION NO 1427/74 , THE THRESHOLD PRICE FOR SORGHUM WAS FIXED AT 105.55 UNITS OF ACCOUNT PER TONNE FOR THE 1974/75 MARKETING YEAR . THE PLAINTIFF CLAIMS THAT FOR THE PURPOSE OF FIXING THE THRESHOLD PRICE THE COMMUNITY AUTHORITIES DID NOT TAKE ADEQUATE ACCOUNT OF THE MARKETING COSTS INCURRED BY IMPORTERS OF SORGHUM , WITH THE RESULT THAT THAT PRICE WAS FIXED AT TOO HIGH A LEVEL . IN SUPPORT OF THIS ARGUMENT THE PLAINTIFF RELIES UPON ARGUMENTS AND DOCUMENTS ANALOGOUS TO THOSE WHICH IT PUT FORWARD FOR THE PURPOSE OF CONTESTING THE VALIDITY OF THE FIXING OF THE THRESHOLD PRICE FOR COMMON WHEAT FOR THE 1975/76 MARKETING YEAR .
22IT FOLLOWS HOWEVER FROM THE WORDING OF ARTICLE 5 ( 2 ) OF REGULATION NO 120/67/EEC THAT THE THRESHOLD PRICE FOR SORGHUM , WHICH IS A PRODUCT FOR WHICH THERE IS NO TARGET PRICE , CANNOT BE FIXED IN THE SAME WAY AS THE THRESHOLD PRICE FOR COMMON WHEAT . THEREFORE THE ARGUMENTS PUT FORWARD BY THE PLAINTIFF REST ON ERRONEOUS PREMISES BECAUSE THEY ARE BASED ESSENTIALLY ON THE EXTENT OF THE DEDUCTIONS FROM THE TARGET PRICE WHICH IN ITS VIEW SHOULD HAVE BEEN MADE AS MARKETING COSTS . IT IS IN FACT NECESSARY TO FIX THE THRESHOLD PRICE FOR SORGHUM IN SUCH A WAY THAT THE PRICES OF COMMUNITY PRODUCTS WHICH ARE IN COMPETITION BECAUSE OF THEIR SIMILAR NUTRITIVE VALUE , IN OTHER WORDS MAIZE AND BARLEY , REACH THE TARGET PRICE FIXED FOR THE LATTER PRODUCTS ON THE DUISBURG MARKET .
23ACCORDING TO THE EXPLANATIONS GIVEN BY THE COUNCIL AND THE COMMISSION THE COMMUNITY AUTHORITIES BASED THEIR CALCULATIONS FOR THE PURPOSES OF FIXING THE THRESHOLD PRICE OF SORGHUM FOR THE 1974/75 MARKETING YEAR ON THE CONDITIONS OF COMPETITION OF THAT PRODUCT IN RELATION TO BARLEY AND MAIZE AS REFLECTED IN THE PRICES ON THE WORLD MARKET CONVERTED TO THE C.I.F . ROTTERDAM PRICES FOR A PERIOD CORRESPONDING TO THE PREVIOUS MARKETING YEAR . ACCORDING TO A LIST OF THOSE PRICES SUPPLIED BY THE COMMISSION , THE ACCURACY OF WHICH HAS NOT BEEN