MEAN THAT THE COMPETITIVE RELATIONSHIP BETWEEN BUTTER AND OTHER PRODUCTS WHICH ARE PARTIAL SUBSTITUTES FOR IT MAY BE REGARDED AS FIXED AND UNCHANGEABLE . ON THE CONTRARY, HAVING REGARD TO THE IMPORTANCE OF THE PLACE OF BUTTER IN THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS, THE INSTITUTIONS MUST ENSURE THAT THE COMPETITIVE POSITION OF THAT PRODUCT DOES NOT DETERIORATE AND, IF NECESSARY, ENSURE THAT IT IS IMPROVED IN ORDER TO RESTORE THE BALANCE OF THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS . IT IS FOR THAT PURPOSE THAT THE COMMISSION WAS GRANTED POWERS TO ADOPT, AT TIMES WHEN IT IS DIFFICULT TO DISPOSE OF BUTTER, MEASURES LEADING TO AN INCREASE IN THE CONSUMPTION OF BUTTER BY VIRTUE OF A REDUCTION IN THE PRICE OF THAT PRODUCT, WHICH ALSO PERMITS IT TO ACHIEVE THE OTHER AIMS REFERRED TO IN ARTICLE 6 ( 4 ) ( B ) AND ( C ) OF REGULATION NO 804/68, NAMELY TO PRESERVE THE INITIAL QUALITY OF BUTTER AND TO HOLD STOCKS ON THE MOST RATIONAL BASIS POSSIBLE . A SCHEME SUCH AS THE CHRISTMAS BUTTER SCHEME SET UP BY REGULATION NO 2956/84 IS PRECISELY DESIGNED TO ACHIEVE THOSE OBJECTIVES .
6 . THE FACT THAT, FOLLOWING CHRISTMAS BUTTER SCHEMES FOR THE SALE OF BUTTER AT A REDUCED PRICE SUCH AS THE ONE SET UP BY REGULATION NO 2956/84, THE COMMISSION INDICATED THAT IN THE FUTURE SUCH PROGRAMMES SHOULD BE IMPLEMENTED WITH MODERATION, DID NOT EXCLUDE THE POSSIBILITY OF SUCH SCHEMES BEING REPEATED . FURTHERMORE, THE COMMISSION SET UP CHRISTMAS BUTTER SCHEMES ON SEVERAL OCCASIONS FROM 1977 ONWARDS, WHILE ALSO ADOPTING MANY OTHER MEASURES ENCOURAGING THE DISPOSAL OF BUTTER AT A REDUCED PRICE . NOTWITHSTANDING THAT ACTION, BUTTER STOCKS INCREASED CONSIDERABLY BETWEEN 1983 AND 1984 . IN THOSE CIRCUMSTANCES, A PRUDENT AND DISCRIMINATING TRADER OUGHT TO HAVE TAKEN ACCOUNT OF THE POSSIBILITY THAT A FURTHER CHRISTMAS BUTTER SCHEME WOULD BE INTRODUCED . THEREFORE, THE COMMISSION DID NOT INFRINGE THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION .
Parties
IN CASE 265/85
( 1 ) VAN DEN BERGH EN JURGENS BV, ROTTERDAM ( NETHERLANDS ),
( 2 ) VAN DIJK FOOD PRODUCTS ( LOPIK ) BV, LOPIK ( NETHERLANDS ),
BOTH REPRESENTED BY B.*H . TER KUILE AND F.*O.*W . VOGELAAR, LAWYERS WITH A RIGHT OF AUDIENCE BEFORE THE HOGE RAAD DER NEDERLANDEN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH, 8 RUE ZITHE,
APPLICANTS,
V
EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED IN ITS TURN BY AUKE HAAGSMA, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GEORGES KREMLIS, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANT,
APPLICATION UNDER ARTICLE 215 OF THE EEC TREATY FOR COMPENSATION FOR EACH APPLICANT FOR THE DAMAGE CAUSED BY ONE OF THE COMMUNITY INSTITUTIONS BY THE ADOPTION AND IMPLEMENTATION OF COMMISSION REGULATION ( EEC ) NO 2956/84 OF 18 OCTOBER 1984 ON THE DISPOSAL OF BUTTER AT A