IN THE APPELLANT' S VIEW, THE REGULATION DOES NOT RULE OUT THE POSSIBILITY OF ECONOMIC DISADVANTAGES EXTENDING OVER A PERIOD OF ONLY A YEAR AND ACCORDINGLY GIVING RISE TO COMPENSATION UNDER THE REGULATION .
17 ON THE OTHER HAND, WITHOUT RULING OUT THE POSSIBILITY THAT ECONOMIC DISADVANTAGES COULD BE ESTABLISHED ON THE BASIS OF RESULTS IN A SINGLE FINANCIAL YEAR, THE MINISTER OF TRANSPORT NORMALLY REQUIRES THESE DISADVANTAGES TO BE SHOWN AS EXISTING OVER A LONGER PERIOD OF ACCOUNT .
18 COMPENSATION FOR ECONOMIC DISADVANTAGES WORKED OUT FOR A SINGLE YEAR COULD ONLY BE GIVEN IN ASSOCIATION WITH DISADVANTAGES OF A FUNDAMENTAL NATURE AND NOT WITH PURELY TEMPORARY LOSSES, AND WITHOUT PREJUDICE TO EXPLORATION BY THE COMPETENT PUBLIC AUTHORITY OF IMPROVEMENTS IN OPERATIONAL PROCEDURES WHICH COULD AVOID THE LOSSES INCURRED .
19 ARTICLES 4 AND 5 OF REGULATION NO 1191/69, WHOSE OBJECT IS TO DEFINE THE MEANING OF " ECONOMIC DISADVANTAGES " AND TO PRESCRIBE THE METHODS WHEREBY THEIR EXISTENCE MAY BE ESTABLISHED, DOES NOT, IN PRINCIPLE, EXCLUDE THE POSSIBILITY THAT SUCH DISADVANTAGES CAN EXTEND OVER THE PERIOD OF A SINGLE YEAR .
20 THESE PROVISIONS DO NOT, HOWEVER, EXCLUDE THE RIGHT OF THE COMPETENT AUTHORITIES OF MEMBER STATES TO TAKE INTO ACCOUNT THE WHOLE OF A TRANSPORT UNDERTAKING' S ECONOMIC SITUATION AND ITS METHODS OF OPERATION .
21 THESE AUTHORITIES CANNOT, THEREFORE, BE DENIED THE POWER TO LOOK INTO THE CAUSES OF THE ECONOMIC DISADVANTAGES CLAIMED BY TRANSPORT UNDERTAKINGS OR THE RIGHT TO WITHHOLD COMPENSATION IN CASES WHERE THE DISADVANTAGES APPEAR TO BE PURELY TEMPORARY OR ACCIDENTAL AND, ON A LONGER-TERM ASSESSMENT, CAPABLE OF BEING OFFSET IN DUE COURSE, OR NEUTRALIZED BY A CHANGE OF OPERATING METHODS .
22 MOREOVER, THE EXISTENCE OF SUCH POWERS IS EXPRESSLY RECOGNIZED IN CERTAIN PROVISIONS OF THE REGULATION, ESPECIALLY THE FIFTH PARAGRAPH OF ARTICLE 5 ( 1 ) UNDER WHICH ECONOMIC DISADVANTAGES ARE TO BE DETERMINED TAKING DUE ACCOUNT OF THE EFFECTS OF THE OBLIGATION " ON THE UNDERTAKING' S ACTIVITIES AS A WHOLE ", AND ARTICLE 7, UNDER WHICH ANY DECISION TO MAINTAIN A PUBLIC SERVICE OBLIGATION MAY BE ACCOMPANIED BY " CONDITIONS DESIGNED TO IMPROVE THE YIELD OF THE OPERATIONS AFFECTED BY THE OBLIGATION IN QUESTION ".
ON THE THIRD QUESTION
23 THE THIRD QUESTION IS WHETHER, INSOFAR AS COMPENSATION IS CALCULATED ON THE BASIS THAT EQUAL ACCOUNT MUST BE TAKEN OF PASSENGER AND GOODS TRAFFIC IN A SITUATION WHERE THE OBLIGATIONS TO OPERATE AND TO CARRY ARE MAINTAINED IN RESPECT OF PASSENGER SERVICES OPERATED BY THE APPELLANT BUT TERMINATED IN RELATION TO GOODS, THE DECISION OF THE MINISTER TO MAINTAIN THE OBLIGATIONS TO OPERATE AND TO CARRY IN RELATION TO PASSENGER TRAFFIC IS CONSISTENT WITH ARTICLE 10 OF REGULATION NO 1191/69 .
24 IT IS CLEAR FROM THE EVIDENCE THAT THE MAIN ACTION IS CONCERNED WITH THE ALLOCATION, IN CALCULATING COMPENSATION FOR MAINTENANCE OF CERTAIN PUBLIC SERVICE OBLIGATIONS, OF THE " TOTAL COSTS " WITHIN THE MEANING OF THE REGULATION BORNE BY THE UNDERTAKING IN A SITUATION IN WHICH THE