QUOTA .
THE FRENCH REPUBLIC SHALL ALLOCATE THE AMENDED QUOTAS BEFORE THE END OF THE MARKETING YEAR PRECEDING THAT OF THEIR APPLICATION . HOWEVER , FOR THE 1977/78 SUGAR MARKETING YEAR , THE AMENDED QUOTAS SHALL BE ALLOCATED BEFORE THE END OF THE SAID MARKETING YEAR .
THE RESTRUCTURING PLANS AND THE RESULTANT MEASURES AFFECTING THE BASIC QUOTAS SHALL BE COMMUNICATED FORTHWITH TO THE COMMISSION . ' '
8THE RECITALS OF THE PREAMBLE TO THE CONTESTED REGULATION JUSTIFY THIS ADDITION ON THE GROUND THAT IT IS DESIRABLE TO MAKE IT POSSIBLE FOR A PART OF THE FRENCH REPUBLIC ' S BASIC QUANTITY ASSIGNED BY REGULATION ( EEC ) NO 3330/74 TO ITS OVERSEAS DEPARTMENTS WHICH IS NOT USED UP IN OTHER OVERSEAS DEPARTMENTS , IN OTHER WORDS GUADELOUPE AND MARTINIQUE , TO BE ALLOCATED TO AN OVERSEAS DEPARTMENT , IN OTHER WORDS REUNION .
9THE APPLICANTS CONSIDER THAT THEIR ' ' ESTABLISHED RIGHTS ' ' HAVE BEEN ADVERSELY AFFECTED BY REGULATION ( EEC ) NO 298/78 AND REQUEST ITS ANNULMENT UNDER ARTICLE 173 OF THE TREATY .
ADMISSIBILITY
10THE COUNCIL , THE DEFENDANT , RAISED AN OBJECTION OF INADMISSIBILITY AGAINST THE APPLICATIONS UNDER ARTICLE 91 OF THE RULES OF PROCEDURE BY DOCUMENT OF 3 JULY 1978 AND REQUESTED THE COURT TO DECIDE ON THAT PRELIMINARY OBJECTION WITHOUT EXAMINING THE SUBSTANCE OF THE CASE .
11IT MAINTAINS THAT THE APPLICATIONS FOR ANNULMENT DO NOT COMPLY WITH THE CONDITIONS LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY IN THAT THE CONTESTED MEASURE DOES NOT CONSTITUTE A DECISION ADOPTED IN THE FORM OF A REGULATION AND IS NOT OF EITHER DIRECT OR INDIVIDUAL CONCERN TO THE APPLICANTS .
12THE APPLICANTS ALLEGE THAT THE CONTESTED MEASURE CONSTITUTES A DECISION ADOPTED WITH REGARD TO CLEARLY DEFINED UNDERTAKINGS AND IS OF DIRECT AND INDIVIDUAL CONCERN TO THEM .
13AS REGARDS THE NATURE OF THE CONTESTED MEASURE , THE FOURTH SUBPARAGRAPH OF ARTICLE 24 ( 2 ) OF REGULATION NO 3330/74 FIXES THE BASIC QUANTITIES FOR EACH MEMBER STATE , MAKING A DISTINCTION IN THE CASE OF FRANCE BETWEEN METROPOLITAN FRANCE , FOR WHICH THE BASIC QUANTITY IS FIXED AT 2 530 000 TONNES OF WHITE SUGAR , AND THE FRENCH OVERSEAS DEPARTMENTS , FOR WHICH THAT QUANTITY IS FIXED AT 466 000 TONNES OF WHITE SUGAR .
14THUS THE TERRITORY OF THE COMMUNITY IS DIVIDED FOR THE PURPOSES OF THE ALLOCATION OF THE BASIC QUOTAS INTO AS MANY PARTS AS THERE ARE MEMBER STATES , FRANCE BEING DIVIDED INTO TWO DIFFERENT ZONES .
15ARTICLE 2 OF REGULATION NO 3331/74 , BY PROVIDING FOR DEROGATIONS FROM THE RULES AS TO THE DISTRIBUTION OF THE BASIC QUOTAS , WHICH ARE NECESSARY SO AS TO TAKE INTO ACCOUNT ANY CHANGES IN THE STRUCTURE OF THE SUGAR INDUSTRY , INTRODUCED FROM ITS ORIGIN BOTH A GENERAL DEROGATION APPLICABLE TO ALL MEMBER STATES , IN OTHER WORDS TO ALL PARTS OF THE COMMON MARKET LISTED IN ARTICLE 24 OF REGULATION NO 3330/74 , AND A SPECIAL DEROGATION