PERIOD OF APPLICATION OF THE CONTESTED REGULATION SUGAR PRODUCERS WERE , IN PARTICULAR , SUBJECT TO QUOTAS AND PRODUCTION LEVIES . ISOGLUCOSE IS A PRODUCT WHICH MAY BE SUBSTITUTED FOR SUGAR AND IS IN DIRECT COMPETITION WITH IT . ANY COMMUNITY DECISION CONCERNING ONE OF THESE PRODUCTS NECESSARILY HAS REPERCUSSIONS ON THE OTHER . HAVING REGARD TO THAT SITUATION , ALTHOUGH BY JUDGMENTS OF 29 OCTOBER 1980 THE COURT DECLARED REGULATION NO 1293/79 VOID FOR INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT , NAMELY THE ABSENCE OF THE PARLIAMENT ' S OPINION , THE COURT NEVERTHELESS CONSIDERED THAT IT WAS A MATTER FOR THE COUNCIL , IN VIEW OF THE FACT THAT ISOGLUCOSE PRODUCTION WAS CONTRIBUTING TO AN INCREASE IN SUGAR SURPLUSES AND THAT IT WAS OPEN TO IT TO IMPOSE RESTRICTIVE MEASURES ON THAT PRODUCTION , TO TAKE SUCH MEASURES IN THE CONTEXT OF THE AGRICULTURAL POLICY AS IT JUDGED TO BE USEFUL , REGARD BEING HAD TO THE SIMILARITY AND INTERDEPENDENCE OF THE TWO MARKETS AND THE SPECIFIC NATURE OF THE ISOGLUCOSE MARKET .
6 IF , FOLLOWING THE DECLARATION OF THE NULLITY OF REGULATION NO 1293/79 , THE COUNCIL HAD ADOPTED NO MEASURE RESTRICTIVE OF ISOGLUCOSE PRODUCTION - IN THE PRESENT CASE THE REINSTATEMENT WITH EFFECT FROM 1 JULY 1979 OF THE QUOTAS ALLOCATED AND THE LEVIES IMPOSED ON THE PRODUCERS - THE OBJECTIVE WHICH IT WAS PURSUING , NAMELY THE STABILIZATION , IN THE GENERAL INTEREST , OF THE SUGAR MARKET , COULD NOT HAVE BEEN ACHIEVED OR COULD ONLY HAVE BEEN ACHIEVED TO THE DETRIMENT OF SUGAR PRODUCERS , WHO ALONE WOULD HAVE HAD TO FINANCE THE COSTS OF COMMUNITY SURPLUSES , OR EVEN TO THE DETRIMENT OF THE COMMUNITY AS A WHOLE , WHILST ISOGLUCOSE PRODUCERS WHOSE PRODUCTION COMPETED WITH THAT OF SUGAR UNDERTAKINGS WOULD HAVE ESCAPED ALL RESTRAINTS .
7 IN THAT SITUATION THE COUNCIL WAS LAWFULLY ENTITLED TO CONSIDER THAT THE OBJECTIVE TO BE ACHIEVED IN THE GENERAL INTEREST , NAMELY THE STABILIZATION OF THE COMMUNITY MARKET IN SWEETENERS WITHOUT ARBITRARY DISCRIMINATION BETWEEN TRADERS , REQUIRED THE CONTESTED PROVISIONS TO BE RETROACTIVE IN NATURE AND THUS THE FIRST OF THE CONDITIONS WHICH THE COURT LAYS DOWN FOR THE APPLICABILITY RATIONE TEMPORIS OF A COMMUNITY MEASURE TO A DATE PRIOR TO THE DATE OF ITS PUBLICATION MAY BE REGARDED AS SATISFIED .
8 TO ASCERTAIN WHETHER THE SECOND OF THE CONDITIONS SET OUT ABOVE IS ALSO SATISFIED IT IS NECESSARY TO INQUIRE WHETHER THE ACTION OF THE COUNCIL IN PUBLISHING ON 17 FEBRUARY 1981 REGULATION NO 387/81 HAS FRUSTRATED A LEGITIMATE EXPECTATION ON THE PART OF THE APPLICANTS TO THE EFFECT THAT THE PRODUCTION OF ISOGLUCOSE WOULD NOT BE REGULATED DURING THE PERIOD FROM 1 JULY 1979 TO 30 JUNE 1980 , THE PERIOD TO WHICH THAT REGULATION MAKES APPLICABLE ARTICLE 9 RELATING TO QUOTAS AND PRODUCTION LEVIES ON ISOGLUCOSE WHICH IT INSERTED IN REGULATION NO 1111/77 .
9 IT SHOULD FIRST BE POINTED OUT THAT THE CONTESTED PROVISIONS OF REGULATION NO 387/81 DO