SECTOR BETWEEN THE NORMAL WORK OF DEVELOPMENT OF THE INFRASTRUCTURE AND OTHER WORK, GENERALLY OF GREATER IMPORTANCE, THE EXECUTION OF WHICH BRINGS ABOUT A CHANGE IN THE EXISTING ECONOMIC SITUATION . IN THIS INSTANCE THE CANALIZATION OF THE MOSELLE, THE MAIN AND THE NECKAR CANNOT BE REGARDED SIMPLY AS THE NORMAL WORK OF DEVELOPMENT OF THE INFRASTRUCTURE INCUMBENT UPON EACH MEMBER STATE .
THE APPLICANT COMPLAINS IN ADDITION THAT, IN ORDER TO JUSTIFY THE MEASURES OF SUPPORT IN DISPUTE, THE HIGH AUTHORITY BASED ITS DECISION ON THE CHANGES IN THE INFRASTRUCTURE OF INLAND WATERWAYS . IT MAINTAINS THAT THE PURPOSE AND EFFECT OF THESE MEASURES IS NOT TO PROVIDE AGAINST EXTERNAL CIRCUMSTANCES WHICH CHANGE THE NATURAL CONDITIONS AND, IN THIS WAY, CAUSE THE COMPOSITION OF PRODUCTION COSTS NO LONGER TO CORRESPOND TO THOSE CONDITIONS, BUT, ON THE CONTRARY, TO CORRECT THE EFFECTS ON COMPETITION OF DIFFERENCES IN THE NATURAL CONDITIONS IN WHICH THE UNDERTAKINGS OPERATE .
THE CONCEPT SET OUT IN THE SECOND PARAGRAPH OF ARTICLE 2 OF THE TREATY CONCERNING CONDITIONS WHICH WILL OF THEMSELVES ENSURE THE MOST RATIONAL DISTRIBUTION OF PRODUCTION CANNOT BE REGARDED AS A FIXED CONCEPT, BUT COVERS FACTS WHICH ARE THEMSELVES CONTINGENT AND VARIABLE, IN PARTICULAR WITH REGARD TO TIME . FOR THIS REASON, THE EXECUTION OF PUBLIC WORKS, WHICH INVOLVES A CHANGE IN THE INFRASTRUCTURE OF A REGION IN WHICH UNDERTAKINGS ARE ESTABLISHED CERTAINLY CONSTITUTES, AT THE BEGINNING, A SUDDEN CHANGE IN THE EXISTING ENVIRONMENT, EVEN THOUGH THE NEW SITUATION IS DESTINED AFTER A CERTAIN TIME TO BECOME PART OF THE CONDITIONS IN WHICH THESE UNDERTAKINGS WILL HENCEFORTH BE CALLED UPON TO CARRY OUT THEIR ACTIVITIES . THESE COMPLAINTS MUST THEREFORE BE REJECTED .
IN ADDITION, THE APPLICANT CRITICIZES THE HIGH AUTHORITY ON THE GROUND THAT IT ATTRIBUTED EXCESSIVE IMPORTANCE TO THE PURSUIT OF AIMS OF A SOCIAL NATURE IN ORDER TO JUSTIFY ITS DECISION AND RETAIN THE RATES AND CONDITIONS IN DISPUTE . IN SUPPORT OF THIS CRITICISM IT MAINTAINS THAT, AMONG THE OBJECTIVES SET OUT IN ARTICLE 2 OF THE TREATY, THE OBLIGATION TO ENSURE CONTINUITY OF EMPLOYMENT IS OF SECONDARY IMPORTANCE IN COMPARISON WITH THE NEED TO ENSURE THE MOST RATIONAL DISTRIBUTION OF PRODUCTION AT THE HIGHEST POSSIBLE LEVEL OF PRODUCTIVITY . IN ACCORDANCE WITH THE CASE-LAW OF THE COURT, A TEMPORARY RECESSION IN EMPLOYMENT AND THE CLOSURE OF UNDERTAKINGS INCAPABLE OF CONTINUING WITHOUT CONSTANT, ADEQUATE AID MUST BE ACCEPTED .
ALTHOUGH IT IS TRUE THAT THE ESTABLISHMENT OF THE COMMON MARKET IS BASED IN PARTICULAR ON THE MOST RATIONAL DISTRIBUTION OF PRODUCTION AT THE HIGHEST POSSIBLE LEVEL OF PRODUCTIVITY, IT IN NO WAY FOLLOWS THAT THE SOCIAL OBJECTIVES SET OUT IN ARTICLE 2 OF THE TREATY ARE ALWAYS OF SECONDARY IMPORTANCE AND CAN IN NO CASE CONSTITUTE ONE OF THE DECISIVE GROUNDS FOR COMMUNITY ACTION . ALTHOUGH THE GENERAL OBJECTIVES OF THE TREATY SET OUT IN ARTICLES 2 AND 3 CANNOT ALWAYS BE PURSUED SIMULTANEOUSLY IN THEIR TOTALITY, THE COMMUNITY MUST CONTINUALLY RECONCILE THESE OBJECTIVES WHEN CONSIDERED INDIVIDUALLY AND, WHEN