WHICH THE CONTESTED REGULATION IS BASED THAT THE ESSENTIAL AIMS OF THE LATTER WERE TO INCREASE THE CONSUMPTION OF BUTTER NOT MERELY IN ORDER TO MAKE AN OVERALL REDUCTION IN BUTTER STOCKS BUT ALSO TO AVOID PROLONGING THE PERIOD OF STORAGE OF OLDER BUTTER WHICH, BEYOND A CERTAIN PERIOD, BECOMES UNFIT FOR HUMAN CONSUMPTION AND MUST BE FURTHER PROCESSED . IT CAN BE SEEN FROM THE DOCUMENTS ON THE FILE AND FROM THE ARGUMENTS MADE BEFORE THE COURT THAT, ON THE ONE HAND, THE CONTESTED SCHEME ACTUALLY LED TO ADDITIONAL SALES OF APPROXIMATELY 40*000 TONNES OF BUTTER IN THE COMMUNITY, THUS AVOIDING THE STORAGE OF THAT QUANTITY AND, ON THE OTHER HAND, THERE WAS CONSEQUENTLY A BETTER ROTATION AND A CERTAIN RENEWAL OF BUTTER STOCKS . THOSE OBJECTIVES ARE AMONG THOSE ASSIGNED TO THE INTERVENTION SYSTEM BY ARTICLE 6 ( 4 ) OF REGULATION NO 804/68 .
33 FURTHERMORE, IT DOES NOT APPEAR EITHER FROM THE DOCUMENTS ON THE FILE OR FROM THE ARGUMENTS MADE BEFORE THE COURT THAT THE COMMISSION COMMITTED A MANIFEST ERROR OF ASSESSMENT IN CONSIDERING THAT IT DID NOT HAVE ANY OTHER POSSIBLE WAY OF ACHIEVING THE DESIRED OBJECTIVES BY MORE EFFICIENT AND LESS ONEROUS MEANS UNDER CONDITIONS WHICH WERE LEGALLY, ECONOMICALLY AND PSYCHOLOGICALLY ACCEPTABLE .
34 IN THOSE CIRCUMSTANCES, AND ALTHOUGH IT MUST BE ADMITTED, AS THE COMMISSION ITSELF ADMITS, THAT SCHEMES SUCH AS THE CHRISTMAS BUTTER SCHEME ARE OF LIMITED EFFECTIVENESS AND ARE VERY COSTLY FROM THE POINT OF VIEW OF COMMUNITY FINANCES, IT DOES NOT APPEAR THAT THE CONTESTED MEASURE WAS UNSUITABLE FOR THE PURPOSE OF ACHIEVING THE DESIRED AIMS OR THAT IT WENT FURTHER THAN WAS NECESSARY TO ACHIEVE THEM . THEREFORE, THE SUBMISSION ALLEGING BREACH OF THE PRINCIPLE OF PROPORTIONALITY MUST BE REJECTED .
THE SUBMISSION ALLEGING MISUSE OF POWERS
35 IT CAN BE SEEN FROM THE ARGUMENTS PRESENTED IN THAT REGARD BY THE APPLICANT THAT THIS SUBMISSION IS IN FACT COMPOSED OF TWO PARTS :
( I ) THE COUNCIL GAVE THE COMMISSION POWERS TO ADOPT MEASURES TO ENSURE THE DISPOSAL OF STOCKS BUT NOT TO SEEK TO INCREASE THE CONSUMPTION OF BUTTER;
( II ) THE MEASURES ADOPTED BY THE COMMISSION MAY NOT GO BEYOND THE PROVISIONS OF ARTICLE 6 ( 4 ) ( A ) OF REGULATION NO 804/68, ACCORDING TO WHICH THE INTERVENTION SYSTEM IS TO BE SO APPLIED THAT THE COMPETITIVE POSITION OF BUTTER ON THE MARKET IS MAINTAINED . THEY CANNOT THEREFORE GIVE THAT PRODUCT AN ARTIFICIAL COMPETITIVE ADVANTAGE COMPARED TO MARGARINE . THE COMMISSION THEREFORE SOUGHT TO ACHIEVE AN OBJECTIVE OTHER THAN THAT FOR WHICH THE POWERS WERE CONFERRED ON IT .
FIRST PART OF THE SUBMISSION : LACK OF POWERS ON THE PART OF THE COMMISSION
36 THIS PART OF THE SUBMISSION MERGES INTO THE MORE GENERAL SUBMISSION ALLEGING A LACK OF POWERS ON THE PART OF THE COMMISSION . IT IS SUFFICIENT THEREFORE IN ORDER TO REPLY TO IT TO REFER TO WHAT HAS BEEN SAID ABOVE IN REGARD TO THE COMMISSION'