THAT IT SPECIALIZES IN THE PRODUCTION OF CERTAIN DISTINCT CATEGORIES FOR WHICH IT OCCUPIES A POSITION ON THE MARKET WHICH , IF NOT STRONG , IS AT ANY RATE IMPORTANT .
IN THIS CONNEXION IT MUST ACCORDINGLY BE CONCLUDED THAT MILLER , FAR FROM BEING COMPARABLE TO THE UNDERTAKINGS CONCERNED IN THE JUDGMENTS OF 30 JUNE 1966 ( TECHNIQUE MINIERE V MASCHINENBAU ULM , CASE 56/65 ( 1966 ) ECR 235 ), OF 9 JULY 1969 ( VOLK V VERVAECKE , CASE 5/69 ( 1969 ) ECR 295 ) AND OF 6 MAY 1971 ( CADILLON V HOSS , CASE 1/71 ( 1971 ) ECR 351 ), IS AN UNDERTAKING OF SUFFICIENT IMPORTANCE FOR ITS BEHAVIOUR TO BE , IN PRINCIPLE , CAPABLE OF AFFECTING TRADE .
11MILLER ADDS THAT , NEVERTHELESS , ITS BEHAVIOUR CANNOT AFFECT INTRA-COMMUNITY TRADE BECAUSE ITS PROGRAMME IS LARGELY INTENDED FOR A GERMAN-SPEAKING PUBLIC AND CAN BE OF ONLY MARGINAL INTEREST TO THE PUBLIC IN OTHER MEMBER STATES .
12IT IS UNNECESSARY TO ESTABLISH THE EXTENT TO WHICH THIS STATEMENT IS ACCURATE SINCE IT IS SUFFICIENT TO FIND THAT MILLER HAS CONCLUDED CONTRACTS FOR EXPORTS TO OTHER MEMBER STATES AND HAS IN FACT EXPORTED A PART , ALBEIT A RELATIVELY MINOR PART , OF ITS PRODUCTION TO THOSE STATES .
NEVERTHELESS , SUCH EXPORTS APPEARED TO MILLER AND TO CERTAIN OF ITS CUSTOMERS AS BEING OF SUFFICIENT IMPORTANCE TO JUSTIFY ADOPTING THE CLAUSES IN DISPUTE .
FURTHERMORE , THE IMPORTANCE OF MILLER ' S GERMAN MARKET LED IT TO PROTECT THAT MARKET AGAINST THE RE-IMPORTATION OF PRODUCTS EXPORTED AT LOW PRICES .
13FINALLY , MILLER CONTINUES TO MAINTAIN THAT NEITHER ITS GERMAN CUSTOMERS NOR ITS EXPORTERS OR FOREIGN CUSTOMERS WERE INTERESTED IN INTRA-COMMUNITY TRADE , SO THAT THE PROHIBITIONS ON EXPORTS DID NOT INTERFERE WITH THEIR FREEDOM OF COMPETITION .
FURTHERMORE , THE HIGHER PRICES CHARGED TO RESELLERS RESIDENT IN THE FEDERAL REPUBLIC OF GERMANY IN THEMSELVES RENDERED EXPORTS TO THE OTHER MEMBER STATES UNPROFITABLE .
14ARGUMENTS BASED ON THE CURRENT SITUATION CANNOT SUFFICIENTLY ESTABLISH THAT CLAUSES PROHIBITING EXPORTS ARE NOT SUCH AS TO AFFECT TRADE BETWEEN MEMBER STATES , EVEN IF IT WERE POSSIBLE TO ESTABLISH BEYOND REASONABLE DOUBT THE ACCURACY OF SUCH GENERAL STATEMENTS , SINCE THAT SITUATION MAY VARY FROM ONE YEAR TO THE NEXT IN TERMS OF CHANGES IN THE CONDITIONS OR COMPOSITION OF THE MARKET , BOTH IN THE COMMON MARKET AS A WHOLE AND ON THE VARIOUS NATIONAL MARKETS .
FURTHERMORE , AS HAS ALREADY BEEN OBSERVED ABOVE , THE FACT THAT RESELLERS , AS CUSTOMERS OF THE APPLICANT , PREFER TO LIMIT THEIR COMMERCIAL OPERATIONS TO MORE RESTRICTED MARKETS , WHETHER REGIONAL OR NATIONAL , CANNOT JUSTIFY THE FORMAL ADOPTION OF CLAUSES PROHIBITING EXPORTS , EITHER IN PARTICULAR CONTRACTS OR IN CONDITIONS OF SALE , ANY MORE THAN THE DESIRE OF THE PRODUCER TO WALL OFF SECTIONS OF THE COMMON MARKET .
FINALLY , THE EXISTENCE OF THE CLAUSES IN DISPUTE HAS AT LEAST ASSISTED MILLER IN MAINTAINING