SEE JOURNAL OFFICIEL 1968 , C 136 , P . 16 ).
54 THE ADOPTION OF A COMMON RULE OF THAT KIND BY ALL THE MEMBER STATES WOULD NO DOUBT HAVE ENSURED THAT ALL PRODUCERS OF DURUM WHEAT MEAL HAD A MORE STEADY OUTLET FOR THEIR GOODS . IN THE FEDERAL REPUBLIC OF GERMANY AND IN OTHER MEMBER STATES WHERE THERE IS NO SUCH PROVISION , SUBSTITUTION OF A PROPORTION OF COMMON WHEAT FOR DURUM WHEAT IN THE MANUFACTURE OF PASTA PRODUCTS , WITH THE CONSEQUENTIAL REDUCTION IN THE ACTIVITY OF DURUM WHEAT MILLERS , IS AN UNAVOIDABLE RESULT OF THE LEGISLATIVE POSITION IN THOSE STATES . THE COMMUNITY HAS NO OBLIGATION , IN DETERMINING ITS CEREALS PRICE POLICY , TO FIX THE COMPARATIVE LEVEL OF DURUM WHEAT AND COMMON WHEAT PRICES SO AS TO PREVENT SUCH SUBSTITUTION IN THOSE PLACES WHERE IT IS LEGALLY PERMITTED . ONLY BY HARMONIZATION OF NATIONAL LEGISLATION WOULD IT BE POSSIBLE TO REMEDY THE DIFFICULTY REFERRED TO BY THE APPLICANTS .
55 THE FOREGOING CONSIDERATIONS ARE SUFFICIENT TO SHOW THAT THE APPLICANTS HAVE NOT ESTABLISHED A RELATIONSHIP OF CAUSE AND EFFECT BETWEEN THE POLICY PURSUED BY THE COMMUNITY INSTITUTIONS IN FIXING WHEAT PRICES , AS EMBODIED IN THE CONTESTED REGULATIONS , AND THE DETERIORATION OF THEIR POSITION ON THE DURUM-WHEAT OR PASTA-PRODUCTS MARKETS .
56 IT IS EVIDENT FROM THE FOREGOING ANALYSIS THAT THE APPLICANTS HAVE NOT SUBSTANTIATED ANY OF THE CONDITIONS SET OUT ABOVE UPON FULFILMENT OF WHICH THE LIABILITY OF THE COMMUNITY DEPENDS . THE APPLICATIONS MUST THEREFORE BE DISMISSED .
COSTS
57 PURSUANT TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
Decision on costs
58 THE APPLICANTS AND THE INTERVENERS SOUBRY AND COPPENS , WHICH SUPPORTED THE APPLICANT SCHWABEN-NUDEL-WERKE B . BIRKEL SOHNE GMBH & CO . ARE THEREFORE JOINTLY AND SEVERALLY ORDERED TO PAY THE COSTS OF THE PROCEEDINGS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATIONS .
2 . ORDERS THE APPLICANTS AND THE INTERVENING PARTIES WHO SUPPORTED THE APPLICANT IN CASE 247/80 JOINTLY AND SEVERALLY TO PAY THE COSTS , INCLUDING THE COSTS OF THE INTERVENING PARTIES WHO SUPPORTED THE DEFENDANTS .