) NO 3191/80 , FOR ITS PART , PROVIDES IN ESSENCE THAT FROM 10 DECEMBER 1980 UNTIL 31 MARCH 1981 , BY WAY OF DEROGATION FROM ARTICLE 9 ( 3 ) OF REGULATION NO 1837/80 , THERE IS TO BE NO CLAW-BACK IN RESPECT OF THE EXPORT OF THE PRODUCTS IN QUESTION FROM THE COMMUNITY .
11 THOSE ARE THE PROVISIONS WHICH , IN THE APPLICANT ' S VIEW HAVE ALTERED ITS ECONOMIC SITUATION . THE INTRODUCTION OF THE CLAW-BACK AND THE AMOUNT THEREOF , HAVE INCREASED EXPORT PRICES FOR MEAT FROM THE UNITED KINGDOM . THE APPLICANT MAINTAINS THAT ITS TURNOVER HAS THEREBY BEEN REDUCED AND ITS COSTS HAVE HAD TO BE SPREAD OVER A SMALLER NUMBER OF TRANSACTIONS SINCE SOME OF ITS CLIENTS ARE NO LONGER PREPARED TO CONTINUE TO BUY FROM IT IN VIEW OF THE TRENDS IN PRICES . THE APPLICANT ALSO CRITICIZES THE COMMISSION FOR FAILING TO SUSPEND THE CLAW-BACK IN RESPECT OF EXPORTS TO MEMBER STATES OF THE COMMUNITY AND FOR HAVING PRACTICALLY BARRED IT FROM THE MARKET IN NON-MEMBER COUNTRIES WHICH , AS A RESULT OF REGULATION NO 3191/80 , FIND IT MORE ADVANTAGEOUS TO OBTAIN THEIR SUPPLIES OF MUTTON AND LAMB DIRECT FROM THE UNITED KINGDOM .
12 AS , IN THIS CASE , A CHOICE OF ECONOMIC POLICY WHICH IS REFLECTED IN LEGISLATIVE MEASURES ADOPTED BY COMMUNITY INSTITUTIONS IS BEING CHALLENGED , IT SHOULD BE BORNE IN MIND THAT THE COURT HAS CONSISTENTLY HELD THAT THE COMMUNITY DOES NOT INCUR LIABILITY ON ACCOUNT OF SUCH MEASURES UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . TAKING INTO CONSIDERATION THE PRINCIPLES IN THE LEGAL SYSTEMS OF THE MEMBER STATES GOVERNING THE LIABILITY OF PUBLIC AUTHORITIES FOR DAMAGE CAUSED TO INDIVIDUALS BY LEGISLATIVE MEASURES , THE COURT HAS DECLARED THAT IN THE CASE OF COMMUNITY LEGISLATIVE MEASURES CHARACTERIZED BY THE EXERCISE OF A WIDE DISCRETION WHICH IS ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE COMMUNITY DOES NOT INCUR LIABILITY OTHERWISE THAN , EXCEPTIONALLY , WHERE THE INSTITUTION HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .
THE CONCLUSIONS IN THE APPLICATION BASED ON THE ALLEGED UNLAWFULNESS OF THE COUNCIL REGULATION
THE STATEMENT OF THE REASONS ON WHICH THE REGULATION IN BASED
13 JULIUS KIND KG CLAIMS THAT THE COUNCIL FAILED TO PROVIDE AN ADEQUATE STATEMENT OF THE REASONS UPON WHICH ITS DECISION TO INTRODUCE THE INTERVENTION SYSTEM DESCRIBED IN ARTICLE 9 OF REGULATION NO 1837/80 AND , IN PARTICULAR , THE CLAW-BACK SYSTEM , WAS BASED .
14 THAT SUBMISSION MUST BE REJECTED . AS FAR AS THE SYSTEM OF LEGAL REMEDIES IS CONCERNED THE REQUIREMENT OF A STATEMENT OF THE REASONS UPON WHICH MEASURES ADOPTED BY THE INSTITUTIONS ARE BASED IS DESIGNED TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW OF THE LEGALITY OF SUCH MEASURES IN THE CONTEXT OF ARTICLE 173 FOR THE BENEFIT OF INDIVIDUALS TO WHOM THAT