AN OBJECTIVE OF THE COMMON AGRICULTURAL POLICY , THE CONCEPT OF STABILIZATION DOES NOT EXTEND TO THE MAINTENANCE OF POSITIONS ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS , AS THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 13 NOVEMBER 1973 ( JOINED CASES 63 TO 69/72 WILHELM WERHAHN HANSAMUHLE AND OTHERS ( 1974 ) ECR 1229 ).
26 IN ITS LAST SUBMISSION JULIUS KIND KG RAISES THE OBJECTION THAT ARTICLE 9 OF REGULATION NO 1837/80 FAILS TO MEET THE REQUIREMENT , SET OUT IN ARTICLE 43 ( 3 ) ( B ) OF THE TREATY , THAT THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS MUST ENSURE CONDITIONS FOR TRADE WITHIN THE COMMUNITY SIMILAR TO THOSE EXISTING IN A NATIONAL MARKET .
27 AS ALREADY STATED , REGULATION NO 1837/80 AIMS TO ACHIEVE , BY DEGREES , A UNIFORM MARKET FOR THE COMMUNITY , AND THE COUNCIL MAY NOT BE CRITICIZED FOR ADOPTING THIS GRADUAL APPROACH IN VIEW OF BOTH THE DIFFERENCES WHICH CHARACTERIZED THE NATIONAL MARKETS BEFORE THE INTRODUCTION OF THE COMMON ORGANIZATION AND THE MEANS ADOPTED BY THE COMMUNITY INSTITUTION TO ACHIEVE ITS AIM . MORE PRECISELY , THE INTRODUCTION OF THE CLAW-BACK IS DESIGNED TO ENSURE THE HARMONIZATION OF PRICES IN TRADE BETWEEN MEMBER STATES AND TO PREVENT ARTIFICIAL DISPARITIES BETWEEN THE PRICES OF PRODUCTS IN THE EXPORTING MEMBER STATE AND THOSE IN THE IMPORTING MEMBER STATE FROM CREATING DISTORTIONS IN THIS TRADE AND OBSTRUCTING THE MACHINERY FOR REGULATING AND UNIFYING THE MARKETS WHICH HAS BEEN ESTABLISHED BY THE REGULATION . THUS THE REGULATION , AND IN PARTICULAR ARTICLE 9 THEREOF , IS DESIGNED TO ENSURE CONDITIONS FOR TRADE WITHIN THE COMMUNITY SIMILAR TO THOSE EXISTING IN A NATIONAL MARKET .
28 THE SUBMISSION IS THEREFORE NO MORE WELL-FOUNDED THAN THE PRECEDING ONES .
THE CONCLUSIONS IN THE APPLICATION RELATING TO THE ALLEGED UNLAWFULNESS OF THE COMMISSION REGULATION .
29 THE APPLICANT CLAIMS THAT THE COMMISSION OFFENDED AGAINST THE PRINCIPLES OF COMMUNITY PREFERENCE AND NON-DISCRIMINATION BY SUSPENDING , IN THE CASE OF EXPORTS TO NON-MEMBER COUNTRIES , BY MEANS OF REGULATION NO 3191/80 OF 9 DECEMBER 1980 ( OFFICIAL JOURNAL L 332 , P . 14 ), COLLECTION OF THE AMOUNT REFERRED TO IN ARTICLE 9 ( 3 ) OF REGULATION NO 1837/80 WITHOUT AT THE SAME TIME SUSPENDING COLLECTION OF THAT AMOUNT IN TRADE BETWEEN MEMBER STATES .
30 IT IS STATED IN THE RECITALS IN THE PREAMBLE TO COMMISSION REGULATION NO 3191/80 THAT IT HAS BEEN FOUND THAT THE CHARGING OF AN AMOUNT EQUIVALENT TO THE VARIABLE SLAUGHTER PREMIUM FOR SHEEP ON EXPORTS FROM THE TERRITORY OF THE MEMBER STATE CONCERNED ' ' GIVES RISE TO APPRECIABLE DIFFICULTIES FOR EXPORT OF THE PRODUCTS IN QUESTION FROM THE COMMUNITY ' ' . PURSUANT TO ARTICLE 33 OF COUNCIL REGULATION NO 1837/80 , WHICH PROVIDES THAT ' ' THE COMMISSION MAY ADOPT APPROPRIATE MEASURES TO FACILITATE THE TRANSITION FROM THE SYSTEM IN FORCE IN EACH MEMBER STATE BEFORE THE APPLICATION OF THIS REGULATION TO THE SYSTEM ESTABLISHED BY THIS REGULATION