PRICES IN RESPECT OF GREECE AT 34 U . A . AND IN RESPECT OF THE OTHER THIRD COUNTRIES AT 30 U . A ., WHICH INCLUDING CUSTOMS DUTIES CORRESPONDS TO A PRICE OF 35.4 U . A . THUS IT HAS ASSURED FOR THE BENEFIT OF GREECE A PREFERENCE FORESEEN IN THE ASSOCIATION AGREEMENT . NO CONCLUSION AS TO THE INVALIDITY OF THE MINIMUM PRICE PROVISION MAY BE DRAWN ONLY FROM THE FACT THAT THE OFFER PRICES FOR TOMATO CONCENTRATE AFTER THE DISPUTED MEASURE WAS ISSUED HAVE APPARENTLY LAIN CONTINUALLY UNDER THE MINIMUM PRICE OF 34 U . A . WHICH HAS BEEN REACHED ONLY IN JUNE 1970 . IT IS TRUE THAT AT INTERNAL MARKET PRICES LAY DURING THE SECOND HALF OF 1971 WITH SLIGHT FLUCTUATIONS AT 30 U . A ., NEVERTHELESS THEY SHOWED SUBSEQUENTLY A CONSTANT TENDENCY TO APPROACH THE MINIMUM PRICE .
27 IN THIS CONNECTION THE SPECIAL CONDITION OF THE RELEVANT MARKET HAS TO BE CONSIDERED ON WHICH THE IMPORTS AGGRAVATED THE STRUCTURAL DIFFICULTIES WHICH ALREADY EXISTED THERE .
28 IF ONE TAKES INTO ACCOUNT THE COMPLEX CHARACTER OF THE ECONOMIC FORECAST NECESSARY FOR THE ISSUE OF THE DISPUTED MEASURE, IT IS NOT A APPARENT THAT THE COMMISSION ON ASCERTAINING THE PRICES TO BE TAKEN INTO CONSIDERATION HAS GONE FARTHER THAN COULD BE REGARDED AS NECESSARY FOR ATTAINING THE OBJECTS OF STABILIZING THE MARKET AND ASSURING AN APPROPRIATE STANDARD OF LIVING FOR THE AGRICULTURAL PRODUCERS .
29 FINALLY THE FACT THAT IMPORTS FROM GREECE AS A RESULT OF THE PROTECTIVE MEASURES HAVE RECEDED ON AVERAGE IN THE COMMUNITY BY HALF AND IN ITALY BY MUCH MORE DOES NOT DEMONSTRATE A PROHIBITIVE EFFECT OF THESE MEASURES . THE STRONGER RECESSION IN THE LATTER MEMBER STATE IS A NORMAL DEVELOPMENT WHICH ARISES FROM THE FACT THAT THE PRODUCTION OF TOMATO CONCENTRATE IS MAINLY CONCENTRATED IN THIS MEMBER STATE .
ON THE QUESTION OF INTERPRETATION
30 THE QUESTION IS PUT TO THE COURT AS TO WHETHER ARTICLE 2 ( 1 ) OF REGULATION NO 1428/71 OF THE COUNCIL AND ARTICLE 41 OF THE ASSOCIATION AGREEMENT BETWEEN THE EEC AND GREECE ARE TO BE INTERPRETED IN SUCH A WAY THAT THERE EXISTS AN ORDER OF PRIORITY IN THE MEASURES REFERRED TO THEREIN .
31 UNDER ARTICLE 2 OF REGULATION NO 1428/71 THERE COME INTO CONSIDERATION AS PROTECTIVE MEASURES EITHER THE SUSPENSION OF IMPORTS OR A SYSTEM OF MINIMUM PRICES WHEREBY WHEN THEY ARE NOT REACHED IMPORTS CAN BE MADE DEPENDENT ON THE FACT THAT THEY ARE CONDUCTED AT A HIGHER PRICE THAN THE FIXED MINIMUM PRICE . ARTICLE 41 OF THE ASSOCIATION AGREEMENT PROVIDES ON THE OTHER HAND AS A PROTECTIVE MEASURE, A SYSTEM OF MINIMUM PRICES IN TWO FORMS, WHEREBY IN THE ONE WHEN THE MINIMUM PRICES ARE NOT REACHED A TEMPORARY SUSPENSION OR LIMITATION OF IMPORTS IS POSSIBLE WHEREAS IN THE OTHER IMPORTS CAN BE MADE DEPENDENT ON THE FACT THAT THEY ARE TRANSACTED AT A HIGHER PRICE THAN THE MINIMUM PRICE . SINCE THE COMMISSION