COUNCIL OF 18 DECEMBER 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( OJ , ENGLISH SPECIAL EDITION 1967 , P . 304 ) IS ALLEGED TO HAVE CAUSED THE APPLICANTS .
7 THEREFORE THEY CAN BE EXAMINED AT THE SAME TIME .
8 SINCE THE DISPUTED MEASURE IS OF A LEGISLATIVE NATURE AND CONSTITUTES A MEASURE TAKEN IN THE SPHERE OF ECONOMIC POLICY , THE COMMUNITY CANNOT BE LIABLE FOR ANY DAMAGE SUFFERED BY PRODUCERS AS A CONSEQUENCE OF THAT MEASURE UNDER THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 215 , UNLESS A FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .
9 THEREFORE IT IS NECESSARY TO ENQUIRE WHETHER , IN THE PRESENT CASE , SUCH A VIOLATION HAS BEEN COMMITTED .
10 THE OBJECTIVE OF THE RULES ENACTED FOR THE COMMON ORGANIZATION OF THE MARKET IN BEET AND CANE SUGAR , TAKING INTO ACCOUNT THE SITUATION OF THE WORLD MARKET IN THAT PRODUCT AND THE SITUATION FORESEEABLE IN THE MEDIUM TERM , WAS TO STRIKE A BALANCE BETWEEN THE GENERAL INTEREST OF THE PROPER MANAGEMENT OF THE MARKET SO AS TO AVOID FLUCTUATIONS IN PRICES OVER THE SUGAR ECONOMY AS A WHOLE , AND THE MAINTENANCE OF THE GUARANTEES NECESSARY TO ENSURE THE PRODUCERS OF SUGAR BEET AND SUGAR CANE OF THEIR EMPLOYMENT AND OF A FAIR STANDARD OF LIVING .
11 THUS , IN THE LIGHT OF THE COMPLEX PROBLEM OF THE WORLD SUGAR MARKET , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , BASED THE ORGANIZATION OF THE MARKET UPON THE PRINCIPLES OF THE VALIDITY FOR PERIODS OF ONE YEAR AND OF THE UNITY OF THE MARKETING YEAR , WHICH ARE MOREOVER , COMMON TO ALL THE AGRICULTURAL POLICIES .
12 IT TOOK THE VIEW THAT IT WAS FAIR , IN A PERIOD OF RELATIVE CURRENCY STABILITY , TO DETERMINE THE INTERVENTION PRICE FOR SUGAR FROM THE DEPARTMENTS OF MARTINIQUE AND GUADELOUPE , 92 % OF WHICH WAS OFFERED FOR SALE ON THE EUROPEAN MARKET , BROADLY BY THE PRICES PREVAILING ON THAT MARKET AND TO ALLOW THEIR PRODUCTION A PRICE DERIVED FROM THE MOST ADVANTAGEOUS PRICE WITHIN THE COMMUNITY , NAMELY THE PRICE FIXED FOR ITALY , AN AREA HAVING A DEFICIT IN SUGAR .
13 BEARING IN MIND THE CHARACTERISTICS OF THIS MARKET , THE COUNCIL ESTABLISHED CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION WITHIN A MANAGEMENT COMMITTEE FOR THE PURPOSE OF ENABLING THE ADOPTION OF THE APPROPRIATE MEASURES SHOULD CHANGES OCCUR AND SHOULD THE NEED ARISE .
14 IN THE LIGHT OF THE NEW SITUATION AND OF INFORMATION OBTAINED CONCERNING NEGOTIATIONS RELATING TO SUGAR FROM THE AFRICAN , CARIBBEAN AND PACIFIC STATES , AND SINCE A PERIOD OF SURPLUS PRODUCTION HAD BEEN FOLLOWED BY A WORLD SHORTAGE OF SUGAR AND AN APPRECIABLE RISE IN PRICES , THE COUNCIL DECIDED IN 1974 THAT : ' THE DERIVED PRICES FIXED FOR ANY GIVEN MARKETING YEAR FOR THE FRENCH