HAVE BEEN ATTAINED BY MEANS OTHER THAN THE PAYMENT OF A PREMIUM TO THE PRODUCERS OF POTATO STARCH WHICH HAS IN FACT IMPOSED ON THE MAIZE STARCH INDUSTRY AN ADDITIONAL BURDEN BECAUSE THE TWO INDUSTRIES ARE IN COMPETITION .
23 ON THIS ISSUE IT MUST BE BORNE IN MIND THAT THE AIM OF THE PREMIUM PAYABLE TO PRODUCERS OF POTATO STARCH WAS NOT TO ENSURE THAT THE GROWERS RECEIVED A BETTER INCOME BUT TO MAINTAIN THE PROFITABILITY OF THE POTATO STARCH INDUSTRY AND IN THIS WAY TO PROTECT THE TRADITIONAL OPPORTUNITIES FOR MARKETING POTATO PRODUCTS IN SO FAR AS THESE PRODUCTS DO NOT FIND ANY OTHER OUTLETS . THE INTRODUCTION OF THE PREMIUM AT ISSUE CANNOT IN THE PREVAILING ECONOMIC CONDITIONS BE REGARDED AS DISPROPORTIONATE TO THE OBJECTIVE SOUGHT TO BE ATTAINED AND THE COMPLAINT CANNOT THEREFORE BE UPHELD .
24 AS NONE OF THE COMPLAINTS MADE BY THE APPLICANT GOVERNMENT HAS BEEN UPHELD THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
25 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS ; SINCE THE APPLICANT HAS FAILED IN ITS APPLICATION IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION
2 . ORDERS THE APPLICANT TO PAY THE COSTS .