FOR THESE DISPUTED STATEMENTS WHICH ARE IN THEMSELVES REGRETTABLE .
287HOWEVER THERE IS NOTHING TO INDICATE THAT THE COMMISSION ' S CONDUCT WAS SUCH AS TO HAVE AN ADVERSE EFFECT ON THE WAY THE PROCEDURE IS NORMALLY CARRIED OUT .
288IN THESE CIRCUMSTANCES THE CLAIM AGAINST THE COMMISSION FOR DAMAGES MUST BE REJECTED .
CHAPTER IV - THE SANCTIONS
289THE COMMISSION , FOR THE PURPOSE OF IMPOSING A FINE OF ONE MILLION UNITS OF ACCOUNT FOR THE FOUR INFRINGEMENTS WHICH IT FOUND UBC HAD COMMITTED , STATING THAT THE LATTER ' ' WERE AT THE VERY LEAST NEGLIGENT ' ' , HAD REGARD TO THEIR GRAVITY AND DURATION AND TO THE SIZE OF THE UNDERTAKING .
290AS FAR AS THEIR GRAVITY IS CONCERNED THE COMMISSION CONSIDERED THEM IN THEIR ECONOMIC AND LEGAL SETTING BY TAKING ACCOUNT OF THEIR COMBINED EFFECT AND OF THEIR CONSEQUENCES WHICH ARE MANIFESTLY INCONSISTENT WITH THE TREATY OBJECTIVES OF INTEGRATING MARKETS AND OF THE FACT THAT THE BANANA IS A PRODUCT WHICH IS WIDELY CONSUMED .
291AS FAR AS THE DURATION OF THE INFRINGEMENTS IS CONCERNED THE COMMISSION TOOK THE VIEW THAT THE PROHIBITION ON THE SALE OF BANANAS WHILE STILL GREEN ONLY HAD TO BE TAKEN INTO CONSIDERATION FROM JANUARY 1967 TO 15 NOVEMBER 1968 BEING THE DATE WHEN UBC NOTIFIED THE GENERAL CONDITIONS OF SALE FOR THE NETHERLANDS TO THE COMMISSION .
292IT FOLLOWS FROM THIS THAT , BY REASON OF UBC ' S ACTS AFTER 15 NOVEMBER 1968 WHICH HAVE REMAINED WITHIN THE SCOPE OF THE ACTIVITY DESCRIBED THEREIN , THERE HAS ACCORDINGLY BEEN NO NEGLIGENCE ON THE PART OF UBC AND NO FINE HAS BEEN IMPOSED ON ACCOUNT OF THESE LATER ACTS .
293FURTHERMORE DURING THE PROCEDURE FOR THE ADOPTION OF AN INTERIM MEASURE ON 5 APRIL 1976 THE COMMISSION TOOK NOTE OF THE AMENDMENT OF THE CLAUSE AT ISSUE WHILE EXPRESSING THE VIEW THAT IT SHOULD HAVE TAKEN ACTION EARLIER .
294ACCORDING TO THE COMMISSION THE REFUSAL BY UBC TO CONTINUE SUPPLIES TO OLESEN LASTED FROM 10 OCTOBER 1973 TO 11 FEBRUARY 1975 AND THE COMMISSION STATES THAT IT TOOK ACCOUNT OF THE FACT THAT UBC PUT AN END TO THIS INFRINGEMENT OF ITS OWN ACCORD .
295THE PRICING POLICY HAS BEEN APPLIED SINCE AT LEAST 1971 TO UBC ' S CUSTOMERS IN GERMANY , THE NETHERLANDS AND THE BLEU , SINCE JANUARY 1973 TO CUSTOMERS IN DENMARK AND SINCE NOVEMBER 1973 TO CUSTOMERS IN IRELAND .
296FINALLY ACCORDING TO THE COMMISSION THE AMOUNT OF THE FINE WAS FIXED AT ONE MILLION UNITS OF ACCOUNT IN THE LIGHT OF UBC ' S TOTAL ANNUAL TURNOVER OF ABOUT TWO THOUSAND MILLION DOLLARS AND ITS ANNUAL TURNOVER IN BANANAS OF FIFTY MILLION DOLLARS ON THE RELEVANT MARKET AND ALSO OF THE HIGH PROFITS MADE AS A RESULT OF ITS PRICING POLICY .
297FURTHERMORE IN ORDER TO COMPEL UBC TO PUT AN END TO THESE INFRINGEMENTS , IN SO FAR AS IT HAD NOT DONE SO OF ITS OWN ACCORD , THE COMMISSION ORDERED