DISTRIBUTION NETWORK; AND A CONSIDERABLE INCREASE IN INTERVENTIONS . "
IF INSUFFICIENT MEANS OF STORAGE, HAD, AS THE THIRD RECITAL RELATES, CAUSED THE REQUEST FOR AUTHORIZATION BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND THE ADOPTION OF THE DISPUTED DECISION, IT HAD BEEN PRESENTED AND TAKEN INTO ACCOUNT PURELY AS A CONSEQUENCE OF THE ABNORMAL DEVELOPMENT OF THE MARKET .
THUS, THE EXAMINATION OF THE LEGALITY OF THE PROTECTIVE MEASURES WHICH HAD BEEN AUTHORISED SHOULD BE CARRIED OUT NOT PRINCIPALLY IN THE LIMITED CONTEXT OF A MORE OR LESS SIGNIFICANT LACK OF MEANS OF STORAGE, BUT IN THE MORE GENERAL CONTEXT OF THE ABNORMAL INCREASE IN THE SUPPLY OF FRENCH CEREALS IN GERMAN DISTRIBUTION NETWORKS AS A CONSEQUENCE OF THE MONETARY SITUATION .
1 . ON THE EXISTENCE OF DIFFICULTIES WITHIN THE MEANING OF ARTICLE 226
10 THE PLAINTIFF IN THE MAIN ACTION, WHILE MAINTAINING THAT THE INCREASED IMPORTATION OF FRENCH CEREALS TO THE FEDERAL REPUBLIC OF GERMANY WAS PARTLY TO BE EXPLAINED BY THE COMING INTO FORCE OF REGULATION NO 120/67/EEC, IT DOES NOT DISPUTE THAT THE UNUSUAL INCREASE IN IMPORTS IN THE SPRING OF 1969 WAS THE PRODUCT OF THE MONETARY SITUATION AND HAD IN LARGE MEASURE REPLACED HOMEGROWN CEREALS WHICH WERE ALMOST ALL TENDERED FOR INTERVENTION .
11 THE EXCEPTIONAL NATURE OF THE SITUATION WAS UNDERLINED BY THE FACT THAT LARGE QUANTITIES OF FRENCH CEREALS HAD BEEN PURCHASED AND TRANSPORTED TO GERMANY WHERE THEY WERE IMMEDIATELY OFFERED FOR INTERVENTION .
TAKING THE MONETARY SITUATION INTO ACCOUNT, IT WAS IMPOSSIBLE TO FORESEE AN END TO THIS SITUATION, SO THAT THERE WERE APPREHENSIONS LEST IT PERSIST THROUGHOUT THE SEASON 1969/70, WITH THE SAME DISTURBING INFLUENCE ON TRADE IN THE COMMUNITY .
SUCH A SITUATION WAS EQUALLY AT VARIANCE BOTH WITH THE OBJECTIVE SET OUT IN ARTICLE 2 OF THE TREATY, WHICH STATES THAT THE COMMUNITY SHALL HAVE AS ITS TASK " TO PROMOTE THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES ", AND THE AIM OF THE COMMON AGRICULTURAL POLICY DESCRIBED IN ARTICLE 39 OF THE TREATY, IN PARTICULAR THAT OF STABILIZING MARKETS .
IN THAT RESPECT THE ORGANIZATION OF THE CEREALS MARKET, AS ESTABLISHED BY REGULATION NO 120/67/EEC CORRESPONDED WITH THESE OBJECTIVES, SINCE THE SIXTH RECITAL OF THAT REGULATION DECLARES THAT " FREE MOVEMENT OF CEREALS WITHIN THE COMMUNITY SHOULD ENABLE SURPLUSES IN PRODUCTION AREAS TO BE OFFSET AGAINST REQUIREMENTS IN DEFICIT AREAS ", AND STATES THAT THE MECHANISM OF THE INTERVENTION PRICES HAD BEEN FIXED " SO AS NOT TO IMPEDE SUCH OFFSETTING ".
A SITUATION WHICH COULD HAVE CAUSED THE GERMAN INTERVENTION AGENCY TO PURCHASE FRENCH CEREALS TO SEND BACK TO FRANCE FOR STORAGE, CONTRADICTED THESE OBJECTIVES .
12 IN THESE CONDITIONS IT WAS OPEN TO THE COMMISSION TO JUDGE THAT THERE WERE DIFFICULTIES SUFFICIENTLY SERIOUS AND LIABLE TO PERSIST TO JUSTIFY RECOURSE TO ARTICLE 226 .
EVEN IF THE MEANS OF STORAGE AVAILABLE TO THE GERMAN INTERVENTION AGENCY SUFFICED FOR THE QUANTITIES OF THE SEASON 1968/69, THE INCREASE PARTLY DUE TO ARTIFICIAL