THE ADDITIONAL NATIONAL AID SHOULD BE BORNE BY FRANCE .
30THE COMMISSION OBJECTS TO SUCH A CALCULATION , ARGUING THAT THE NATIONAL MEASURE HAD THE EFFECT OF DISTORTING THE DISTILLATION OPERATION BY EXTENDING IT , IN FRANCE , TO FAR GREATER QUANTITIES OF WINE THAN WOULD HAVE BEEN DISTILLED ON THE BASIS OF THE COMMUNITY MEASURE ALONE .
31IN APPLYING COMMUNITY RULES THE MEMBER STATES CANNOT UNILATERALLY ADOPT ADDITIONAL MEASURES WHICH ARE SUCH AS TO COMPROMISE THE EQUALITY OF TREATMENT OF TRADERS THROUGHOUT THE COMMUNITY AND THUS TO DISTORT COMPETITIVE CONDITIONS BETWEEN THE MEMBER STATES .
32AS THE FRENCH NATIONAL MEASURE IN QUESTION IS THEREFORE INCOMPATIBLE WITH COMMUNITY LAW IT IS IMPOSSIBLE TO ASCERTAIN TO WHAT EXTENT THE TOTAL EFFECT OF THE COMBINED NATIONAL AND COMMUNITY MEASURES IS DUE TO ONE OR OTHER COMPONENT PART .
33IT IS , IN PARTICULAR , IMPOSSIBLE TO ESTABLISH WITH CERTAINTY WHAT QUANTITIES OF WINE WOULD HAVE BEEN DISTILLED IN FRANCE IF THE NATIONAL MEASURE HAD NOT BEEN ADOPTED .
34CONSEQUENTLY NEITHER THE METHOD OF CALCULATION USED BY THE FRENCH GOVERNMENT NOR A METHOD BASED ON THE DISTILLATION ESTIMATES RELIED ON BY THE COMMISSION WHEN SETTING UP THE OPERATION MAKES IT POSSIBLE TO APPORTION THE EXPENSES CHARGEABLE TO THE COMMUNITY AND TO THE MEMBER STATE RESPECTIVELY .
35IN THOSE CIRCUMSTANCES THE COMMISSION HAD NO CHOICE BUT TO REFUSE TO CHARGE TO THE EAGGF THE EXPENDITURE INCURRED BY THE FRENCH AUTHORITIES .
36THE APPLICATION FOR ANNULMENT LODGED BY THE FRENCH GOVERNMENT MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
37ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .
38THE APPLICANT GOVERNMENT HAS BEEN UNSUCCESSFUL IN ITS SUBMISSIONS .
39IT SHOULD THEREFORE BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATIONS .
2 . ORDERS THE APPLICANT GOVERNMENT TO PAY THE COSTS .