EXPRESSED IN DOLLARS, AND THAT FOR EXPORTS, PARTICULARLY TO THIRD COUNTRIES, THIS WAS SO AT THE TIME IN THE LARGE MAJORITY OF CASES .
22 MOREOVER, A WEIGHTED SYSTEM, BECAUSE OF ITS FLAT-RATE NATURE, WOULD BRING THE SAME DISADVANTAGES AS THOSE CRITICIZED, YET WITHOUT SUPPLYING THE COMPLETE PROTECTION DEEMED NECESSARY IN RELATION TO THE WORLD' S LEADING EXPORTER OF AGRICULTURAL PRODUCE .
SINCE ONE OF THE AIMS OF THE CONJUNCTURAL MEASURES PLANNED WAS TO PROVIDE A SHORT-TERM REMEDY FOR THE CONSEQUENCES OF THE REVALUATION OF THE DM WHICH MIGHT PLACE IN JEOPARDY THE GOAL OF A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY, IT WAS REASONABLE TO CONTEMPLATE THE NECESSITY OF ALLOWING A MAXIMUM CORRECTIVE FACTOR .
IN EXERCISING THEIR POWERS, THE INSTITUTIONS MUST ENSURE THAT THE AMOUNTS WHICH COMMERCIAL OPERATORS ARE CHARGED ARE NO GREATER THAN IS REQUIRED TO ACHIEVE THE AIM WHICH THE AUTHORITIES ARE TO ACCOMPLISH; HOWEVER, IT DOES NOT NECESSARILY FOLLOW THAT THAT OBLIGATION MUST BE MEASURED IN RELATION TO THE INDIVIDUAL SITUATION OF ANY ONE PARTICULAR GROUP OF OPERATORS .
GIVEN THE MULTIPLICITY AND COMPLEXITY OF ECONOMIC CIRCUMSTANCES, SUCH AN EVALUATION WOULD NOT ONLY BE IMPOSSIBLE TO ACHIEVE, BUT WOULD ALSO CREATE PERPETUAL UNCERTAINTY IN THE LAW .
AN OVERALL ASSESSMENT OF THE ADVANTAGES AND DISADVANTAGES OF THE MEASURES CONTEMPLATED WAS JUSTIFIED, IN THIS CASE, BY THE EXCEPTIONALLY PRESSING NEED FOR PRACTICABILITY IN ECONOMIC MEASURES WHICH ARE DESIGNED TO EXERT AN IMMEDIATE CORRECTIVE INFLUENCE; AND THIS NEED HAD TO BE TAKEN INTO ACCOUNT IN BALANCING THE OPPOSING INTERESTS .
23 THE COURT IS NOT SATISFIED, THEN, THAT IN WEIGHING UP THE ADVANTAGES AND DISADVANTAGES OF THE SYSTEM LINKING COMPENSATORY AMOUNTS TO THE RELATIONSHIP WITH THE DOLLAR OF THE NATIONAL CURRENCY OF EACH MEMBER STATE CONCERNED, AND IN OPTING FOR THE SYSTEM IN FORCE, THE COUNCIL IMPOSED BURDENS ON TRADERS WHICH WERE MANIFESTLY OUT OF PROPORTION TO THE OBJECT IN VIEW .
III - QUESTION THREE
24 THE THIRD QUESTION IS WHETHER THE VALIDITY OF REGULATION NO 974/71 AND OF THE REGULATIONS IMPLEMENTING IT CAN BE QUESTIONED ON THE GROUND THAT THE DISPUTED COMPENSATORY AMOUNT, PLUS THE LEVY, EXCEEDS IN TOTAL THE AMOUNT OF BOUND DUTY FOR TARIFF HEADING 04.04, UNDER THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( GATT ), HEREINAFTER REFERRED TO AS THE " GENERAL AGREEMENT ".
25 THE CUSTOMS DUTIES APPLICABLE TO IMPORTS OF EMMENTALER AND GRUYERE ( HEADING 04.04 AI A EX 2 ) WERE BOUND AT THE RATE OF 7.5 U.A . PER 100 KG UNDER A TARIFF CONCESSION RESULTING FROM AN AGREEMENT CONCLUDED BY THE COMMUNITY AND SWITZERLAND ON 6 OCTOBER 1969 IN ACCORDANCE WITH ARTICLE XXVIII OF THE GENERAL AGREEMENT ( OJ L 257, 13 . 10 . 1969, P . 3 ) AND THIS RATE IS INCLUDED UNDER " AGREED DUTY RATES " IN ANNEX II OF THE COMMON CUSTOMS TARIFF IN FORCE WHEN THE DISPUTED IMPORTS WERE MADE ( REGULATION NO 950/68 OF THE COUNCIL OF 28 . 6 . 1968 ) AMENDED BY REGULATION