, EXTREMELY FAVOURABLE COMPARED TO NORMAL MARKET CONDITIONS . MOREOVER , THE MEANS OF OBSERVING MARKET CONDITIONS AT THE DISPOSAL OF THE COMMISSION SHOULD HAVE PERMITTED IT TO REVISE ITS FORECASTS REGARDING THE 1980/81 HARVEST LONG BEFORE THE CONTESTED REGULATIONS WERE ADOPTED .
16 FURTHERMORE , THE INFORMATION WHICH THE COURT HAS OBTAINED IN NO WAY CONFIRMS THE PROPOSITION THAT THE CHANGES RELIED UPON WERE OF AS RADICAL A NATURE AS THE COMMISSION STATES . THUS , A WITNESS WHOSE COMPETENCE WAS RECOGNIZED BY ALL THE PARTIES STATED THAT IT WOULD BE WRONG TO SAY THAT DURING THE PERIOD IN QUESTION THERE WAS A REAL SHORTAGE , AND THAT HE WAS NOT AWARE THAT THE REFINERIES HAD HAD ANY DIFFICULTY IN OBTAINING SUPPLIES OF LAMPANTE GRADE OIL . AS REGARDS PRICES , THE WITNESS DECLARED THAT THERE HAD BEEN AN INCREASE OF ABOUT 15% IN THE PRICE OF LAMPANTE GRADE OIL BETWEEN OCTOBER 1980 AND OCTOBER 1981 , AND THAT THAT DEVELOPMENT SHOULD BE REGARDED AS NORMAL HAVING REGARD TO SEASONAL FLUCTUATIONS , THE MONTHLY INCREASES IN THE INTERVENTION PRICE , THE DEVALUATION OF THE GREEN LIRA AND THE RATE OF INFLATION IN ITALY .
17 MOREOVER , THE COMMISSION HAS NOT EXPLAINED HOW A MARKET ON WHICH THERE IS A SHORTAGE AND ON WHICH PRICES ARE TENDING TO RISE COULD BE DISTURBED SOLELY BY THE ARRIVAL ON THAT MARKET , AT REGULAR INTERVALS , OF ADDITIONAL QUANTITIES OF THE PRODUCT LIKELY TO BE SOLD AT MODERATE PRICES . THE COMMISSION ADMITTED , IN PARTICULAR DURING THE ORAL PROCEDURE , THAT THE DISTURBANCE THAT IT FEARED WAS OF A MORE INDIRECT NATURE IN THE SENSE THAT THE PROFITS TO BE MADE BY THE UNDERTAKINGS WHO HAD BEEN SUCCESSFUL IN THE DRAWING OF LOTS WOULD HAVE ALLOWED THOSE UNDERTAKINGS TO OBTAIN CONTROL OF A SHARE OF THE MARKET TO WHICH THEY WERE NOT ENTITLED , THUS EXCLUDING OTHER TRADERS FROM THE SAME MARKET .
18 THE MERE FACT THAT THE CONDITIONS ON WHICH THE COMMISSION PERMITTED THE NATIONAL AGENCY TO PUT THE PRODUCTS UP FOR SALE PROVED TO BE FAVOURABLE , AND EVEN EXTREMELY FAVOURABLE , TO THE PURCHASERS , DOES NOT ENTITLE THE COMMISSION TO PREVENT THAT AGENCY FROM CARRYING OUT THE CONTRACT WHICH HAD BEEN CONCLUDED IN ACCORDANCE WITH THE SAID CONDITION . WITH REGARD TO THE POSSIBILITY OF AN ABUSIVE USE OF THOSE PROFITS , IT SHOULD BE POINTED OUT THAT THE QUANTITY PUT UP FOR SALE WAS DIVIDED BETWEEN SIX INDEPENDENT UNDERTAKINGS . THE COMMISSION HAS NOT EVEN TRIED TO SHOW HOW AND WHY ONE OF THOSE UNDERTAKINGS WOULD HAVE USED THE PROFITS SO AS TO EXCLUDE , OR TO HAVE THE EFFECT OF EXCLUDING , OTHER TRADERS FROM THE MARKET .
19 IT APPEARS , THEREFORE , THAT THE ONLY GROUND RELIED UPON BY THE COMMISSION TO JUSTIFY THE REPEAL OF REGULATION NO 71/81 IS VITIATED BY ERRORS OF FACT . IT IS THEREFORE UNNECESSARY TO CONSIDER WHETHER , IN OTHER CIRCUMSTANCES , THE COMMISSION WOULD