HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST QUESTION
10 THE FIRST QUESTION RAISED BY THE NATIONAL COURT CONCERNS THE VALIDITY OF COMMISSION REGULATION NO 2742/82 .
11 IT IS DENIED THAT THE CONDITIONS FOR THE APPLICATION OF THE PROTECTIVE MEASURES WERE SATISFIED . IN PARTICULAR, THE ASSOCIATION MAINTAINS THAT THE PROTECTIVE MEASURES WERE ADOPTED IN RESPECT OF ALL DRIED GRAPES EXCEPT CURRANTS, NAMELY RAISINS AND SULTANAS . THE COMMUNITY, HOWEVER, PRODUCES ONLY SULTANAS, WHEREAS, THE ASSOCIATION POINTS OUT, RAISINS ARE NOT PRODUCED WITHIN THE COMMUNITY . THE ASSOCIATION CONCLUDES THAT THERE IS NOT AND NEVER CAN BE ANY SERIOUS DISTURBANCE, OR THREAT OF SUCH DISTURBANCE, ON THE COMMUNITY MARKET IN RAISINS .
12 IT SHOULD BE OBSERVED THAT IT IS NOT NECESSARY IN THIS CASE TO CONSIDER WHETHER DRIED GRAPES OTHER THAN CURRANTS MAY, IN THE LIGHT OF CERTAIN OF THEIR CHARACTERISTICS, BE DIVIDED INTO TWO CATEGORIES, NAMELY RAISINS AND SULTANAS, AS THE ASSOCIATION MAINTAINS . IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE CONTESTED MEASURES WERE ADOPTED ON THE BASIS OF THE VIEW THAT THE TWO KINDS MAY GENERALLY BE USED INTERCHANGEABLY .
13 IT HAS NOT BEEN ESTABLISHED THAT THAT BASIS IS INCORRECT . NEITHER THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN THAT SECTOR NOR THE COMMON CUSTOMS TARIFF DRAWS ANY DISTINCTION OTHER THAN BETWEEN CURRANTS AND OTHER DRIED GRAPES; IN PARTICULAR, IN THE CONTEXT OF "OTHER DRIED GRAPES", THEY DO NOT DIFFERENTIATE BETWEEN RAISINS AND SULTANAS . IN THOSE CIRCUMSTANCES THE COMMISSION' S VIEW THAT THOSE LAST TWO KINDS OF DRIED GRAPE ARE TO BE CONSIDERED INTERCHANGEABLE MUST BE ACCEPTED UNLESS IT IS DEMONSTRATED THAT THOSE TWO KINDS OF PRODUCT CANNOT SATISFY THE SAME NEEDS, SO THAT THEY CANNOT BE SUBSTITUTED ONE FOR THE OTHER TO ANY EXTENT .
14 THE CLAIMS PUT FORWARD BY THE ASSOCIATION IN THAT CONNECTION ARE BASED SOLELY ON THE CULINARY TRADITIONS OF CERTAIN REGIONS OF GREAT BRITAIN AND OF IRELAND . HOWEVER, IN ORDER TO MEASURE THE DEGREE TO WHICH SUBSTITUTION IS POSSIBLE, REFERENCE MAY NOT EXCLUSIVELY BE MADE TO THE CUSTOMS OF A GIVEN REGION OR EVEN OF A SINGLE MEMBER STATE . MOREOVER, IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT IN SOME MEMBER STATES DRIED GRAPES OTHER THAN CURRANTS ARE OFTEN MARKETED INDISCRIMINATELY AS EITHER RAISINS OR SULTANAS .
15 THE ASSOCIATION ALSO MAINTAINS THAT THE MARKET FOR DRIED GRAPES WAS NOT THREATENED BY ANY DISTURBANCES DUE TO THE IMPORTATION OF RAISINS AT LOWER PRICES THAN THOSE CHARGED WITHIN THE COMMUNITY; IT CLAIMS THAT THE REASONS STATED IN REGULATION NO 2742/82 ARE UNPARTICULARIZED, SUPERFICIAL AND INADEQUATE IN EXPLAINING THE NEED FOR PROTECTIVE MEASURES, BECAUSE, ALTHOUGH THOSE PROTECTIVE MEASURES COVERED BOTH RAISINS AND SULTANAS, THE ONLY SPECIFIC REFERENCE IN THE RECITALS IN THE PREAMBLE TO THAT REGULATION TO ANY MARKET SITUATION RELATED EXCLUSIVELY TO SULTANAS, WITHOUT ANY MENTION BEING MADE OF THE SITUATION ON THE MARKET FOR RAISINS . EVEN IN THE CASE