THE WAY IN WHICH THE COMMISSION APPLIED THAT REGULATION IN THE YEARS 1978 , 1979 AND 1980 . FOR THE PURPOSES OF THE PRESENT CASE , SUCH AN EXAMINATION IS HOWEVER NECESSARY ONLY IN RESPECT OF THE YEARS 1979 AND 1980 SINCE IN ITS APPLICATION FAUST DOES NOT REFER TO ANY DAMAGE SUFFERED BY IT IN 1978 .
25 ALTHOUGH TAIWAN CERTAINLY APPEARS TO HAVE BEEN TREATED BY THE COMMISSION LESS FAVOURABLY THAN CERTAIN NON-MEMBER COUNTRIES , IT SHOULD BE REMEMBERED THAT THERE EXISTS IN THE TREATY NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO NON-MEMBER COUNTRIES EQUAL TREATMENT IN ALL RESPECTS . IT IS THUS NOT NECESSARY TO EXAMINE ON WHAT BASIS FAUST MIGHT SEEK TO RELY UPON THE PROHIBITION OF DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY CONTAINED IN ARTICLE 40 OF THE TREATY . IT NEED MERELY BE OBSERVED THAT , IF DIFFERENT TREATMENT OF NON-MEMBER COUNTRIES IS COMPATIBLE WITH COMMUNITY LAW , DIFFERENT TREATMENT ACCORDED TO TRADERS WITHIN THE COMMUNITY MUST ALSO BE REGARDED AS COMPATIBLE WITH COMMUNITY LAW , WHERE THAT DIFFERENT TREATMENT IS MERELY AN AUTOMATIC CONSEQUENCE OF THE DIFFERENT TREATMENT ACCORDED TO NON-MEMBER COUNTRIES WITH WHICH SUCH TRADERS HAVE ENTERED INTO COMMERCIAL RELATIONS .
26 THE APPLICANT FINALLY CLAIMS THAT THE ALMOST TOTAL PROHIBITION OF IMPORTS FROM TAIWAN CONTRAVENED THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION WHICH REQUIRES IN THE PRESENT CASE THAT TRADITIONAL TRADING RELATIONS BE MAINTAINED .
27 THAT COMPLAINT MUST ALSO BE REJECTED . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE INSTITUTIONS WITHIN THE LIMITS OF THEIR DISCRETIONARY POWER WILL BE MAINTAINED . IN THE PRESENT CASE , THERE CAN BE NO QUESTION OF A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION , PARTICULARLY SINCE THE COMMERCIAL AGREEMENT ENTERED INTO ON 3 APRIL 1978 BETWEEN THE COMMUNITY AND THE PEOPLE ' S REPUBLIC OF CHINA , PUBLISHED IN THE OFFICIAL JOURNAL OF 11 MAY 1978 ( OFFICIAL JOURNAL 1978 , L 123 , P . 2 ) WAS OF SUCH A NATURE AS TO ALERT TRADERS TO AN IMMINENT CHANGE OF DIRECTION IN THE COMMUNITY ' S COMMERCIAL POLICY AND , IN THE ABSENCE OF ANY OBLIGATION ON THE PART OF THE COMMUNITY TO ACCORD EQUAL TREATMENT TO NON-MEMBER COUNTRIES , NO INFORMED TRADER WAS ENTITLED TO EXPECT THAT PATTERS OF TRADE EXISTING WHEN THE PROTECTIVE MEASURES WERE ADOPTED WOULD BE RESPECTED .
28 IN THE LIGHT OF THE FOREGOING CONSIDERATIONS IT MUST BE CONCLUDED THAT THE APPLICANT HAS NOT BEEN ABLE TO PROVE THAT THE REGULATIONS WHICH , IN ITS VIEW , GAVE RISE TO THE DAMAGE FOR WHICH IT CLAIMS COMPENSATION ARE UNLAWFUL . THE APPLICATION MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
29 UNDER