) NO 1761/78 , AID IS GRANTED FOR COMMUNITY-PRODUCED SKIMMED MILK PROCESSED INTO CASEIN , IF SUCH MILK AND THE CASEIN PRODUCED FROM IT SATISFY CERTAIN CONDITIONS LAID DOWN IN ARTICLE 1 OF REGULATION ( EEC ) NO 987/68 ' . THAT AID , WHEN CONVERTED INTO THE VARIOUS NATIONAL CURRENCIES ON THE BASIS OF THE REPRESENTATIVE RATES , HAS BEEN , IF THE ACTUAL EXCHANGE RATES ARE TAKEN INTO ACCOUNT , MUCH HIGHER FOR GERMAN PRODUCERS THAN FOR FRENCH PRODUCERS , AT LEAST UNTIL 1 JUNE 1983 WHEN THE FRENCH GREEN RATE WAS INCREASED . IT FOLLOWS THAT THE DISPARITIES BETWEEN GERMAN AND FRENCH PRODUCERS HAVE BEEN LARGELY OFFSET OVER A VERY LONG PERIOD BY THE COMMUNITY AID GRANTED FOR THE PRODUCTION OF CASEIN , WHICH IS ANOTHER FACTOR SUGGESTING THAT TRADE ON THE MARKET IN THIS PRODUCT HAS NOT BEEN DEFLECTED .
26 THE CONSIDERATIONS SET OUT ABOVE THEREFORE LEAD TO THE CONCLUSION THAT THE STATISTICAL INFORMATION MADE AVAILABLE TO THE COURT BY THE PARTIES TO THE PROCEEDINGS DOES NOT DISCLOSE THE EXISTENCE , OR EVEN THE RISK , OF DISTORTIONS OR DEFLECTIONS OF TRADE ON THE MARKET IN CASEIN AND CASEINATES .
27 IT MAY BE CONCLUDED FROM THAT INFORMATION AND FROM THOSE CONSIDERATIONS THAT IT HAS NOT BEEN PROVED THAT CONSIDERABLE DISPARITIES EXIST BETWEEN GERMAN AND FRENCH PRODUCERS OF CASEIN . IN THOSE CIRCUMSTANCES , MEGGLE ' S SUBMISSION ALLEGING A BREACH OF THE PROHIBITION OF DISCRIMINATION MUST BE REJECTED .
28 IN THIS REGARD , IT MUST ALSO BE BORNE IN MIND THAT , AS THE COURT STATED IN ITS JUDGMENT OF 21 FEBRUARY 1979 IN CASE 138/78 , STOLTING V HAUPTZOLLAMT HAMBURG-JONAS ( 1979 ) ECR 713 , ALTHOUGH IN CERTAIN TRANSACTIONS THE APPLICATION OF THE GREEN RATES MAY POSSIBLY INVOLVE ADVANTAGES OR DISADVANTAGES WHICH MAY APPEAR TO CONSTITUTE DISCRIMINATION , IT NONE THE LESS REMAINS TRUE THAT IN GENERAL THE APPLICATION OF THE GREEN RATES SERVES TO REMEDY MONETARY SITUATIONS WHICH , IN THE ABSENCE OF THOSE RATES , WOULD RESULT IN MUCH MORE SERIOUS , OBVIOUS AND GENERAL DISCRIMINATION .
29 THEREFORE , ALTHOUGH IT IS NOT WITHOUT CERTAIN DRAWBACKS , THE ADOPTION OF THE SYSTEM OF ' GREEN ' EXCHANGE RATES IS JUSTIFIED BY THE REQUIREMENTS OF THE COMMON AGRICULTURAL POLICY AND IS NOT CONTRARY TO THE PROHIBITION OF DISCRIMINATION . THE SAME CONCLUSION MUST BE DRAWN AS REGARDS THE EFFECTS OF THE APPLICATION OF THAT SYSTEM ON THE POSITION OF PRODUCERS OF CASEIN AND CASEINATES .
30 IT FOLLOWS FROM THE FOREGOING THAT MEGGLE ' S CLAIM FOR DAMAGES IS UNFOUNDED AND THAT THE ACTION MUST THEREFORE BE DISMISSED .
31 IN THOSE CIRCUMSTANCES , THE COURT CONSIDERS IT UNNECESSARY TO RULE ON THE ARGUMENTS ADVANCED BY THE COMMISSION ON THE QUESTION OF THE ADMISSIBILITY OF THE ACTION .
Decision on costs
COSTS
32 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN