THE FIFTH RECITAL IN THE PREAMBLE STATES THAT SUCH REFORM SHOULD BE DIRECTED TOWARDS THE FORMATION AND DEVELOPMENT OF FARMS CAPABLE OF ADJUSTING TO ECONOMIC DEVELOPMENTS , THAT IS TO SAY , THOSE ON WHICH THE FARMER HAS ADEQUATE OCCUPATIONAL SKILL AND COMPETENCE , ON WHICH PROFITABILITY IS VERIFIED BY ACCOUNTS AND WHICH ARE CAPABLE , THROUGH THE ADOPTION OF RATIONAL METHODS OF PRODUCTION , OF ENSURING A FAIR INCOME AND SATISFACTORY WORKING CONDITIONS FOR PERSONS WORKING THEREON . ARTICLES 2 , 3 , 4 , 11 AND 12 DEAL WITH THOSE DIFFERENT FACTORS , WHILST OTHER PROVISIONS PROVIDE FOR AID IN RELATION TO SCHEMES FOR IRRIGATION OR FOR LAND REPARCELLING AND FOR THE CONSTRUCTION OF FARM BUILDINGS OR FOR LAND IMPROVEMENT OPERATIONS .
19 IT IS APPARENT , THEREFORE , THAT THE AID PROVIDED FOR UNDER THE DIRECTIVE IS DESIGNED TO IMPROVE PRODUCTION CONDITIONS FOR BASIC AGRICULTURAL PRODUCTS IN ORDER TO RAISE THE PROFITABILITY OF FARMS TO A SUITABLE LEVEL .
20 IN CONSEQUENCE DIRECTIVE 72/159/EEC HAS A SPECIAL SCOPE WHICH DOES NOT , AS A RULE , COINCIDE WITH THAT OF REGULATION ( EEC ) NO 355/77 .
21 SINCE THE PURPOSE OF THE PROJECT SUBMITTED BY THE APPLICANT IS NOT TO RAISE THE PROFITABILITY OF HIS FARM BY IMPROVING PRODUCTION CONDITIONS FOR BASIC AGRICULTURAL PRODUCTS BUT TO IMPROVE THE PROCESSING AND MARKETING OF THOSE PRODUCTS IT DOES NOT FALL WITHIN THE SCOPE OF THE DIRECTIVE .
22 AS A RESULT THE DECISION AT ISSUE HAS NO PROPER LEGAL FOUNDATION INASMUCH AS THE APPLICANT ' S APPLICATION FOR AID WAS THEREIN HELD TO FALL WITHIN THE SCOPE OF DIRECTIVE 72/159/EEC AND INASMUCH AS CONSIDERATION OF THE APPLICATION IN THE CONTEXT OF REGULATION ( EEC ) NO 355/77 WAS THEREIN REFUSED WITHOUT ITS HAVING BEEN ASCERTAINED WHETHER THE CONDITIONS LAID DOWN BY THAT REGULATION WERE MET .
23 IN THE CIRCUMSTANCES THE DECISION AT ISSUE MUST BE DECLARED VOID AND IT IS NOT NECESSARY TO CONSIDER THE OTHER SUBMISSIONS MADE BY THE APPLICANT .
Decision on costs
24 PURSUANT TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURES THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL IT MUST BE ORDERED TO PAY THE COSTS , EXCLUDING THOSE OF THE INTERVENER , WHO HAS MADE NO APPLICATION FOR THEM .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY RULES :
1 . THE COMMISSION ' S DECISION OF 24 JANUARY 1980 REFUSING AID FROM THE GUIDANCE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND FOR AN INVESTMENT PROJECT SUBMITTED BY THE APPLICANT UNDER COUNCIL REGULATION NO 355/77 OF 15 FEBRUARY 1977 ON COMMON MEASURES TO IMPROVE THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS ARE PROCESSED AND MARKETED ( OFFICIAL JOURNAL 1977 , L 51 , P . 1 ) IS DECLARED VOID .
2 . THE COMMISSION OF THE EUROPEAN COMMUNITIES IS ORDERED TO PAY THE COSTS EXCLUDING THE COSTS OF THE INTERVENER .