IN QUESTION, PRODUCERS OF BUTTER AND PRODUCERS OF MARGARINE ARE NOT IN COMPARABLE POSITIONS . THUS, THE CONTESTED CHRISTMAS BUTTER SCHEME, WHICH IS PART OF THE VERY FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS, CANNOT BE REGARDED AS GIVING RISE TO DISCRIMINATION AGAINST PRODUCERS OF MARGARINE .
THE SUBMISSION ALLEGING BREACH OF THE PRINCIPLE OF PROPORTIONALITY
30 THE APPLICANTS CLAIM THAT THE SALES OF CHRISTMAS BUTTER ARE NEITHER A NECESSARY NOR AN APPROPRIATE MEANS OF INCREASING BUTTER CONSUMPTION AND AVOIDING LONG PERIODS OF STORAGE, AND THEY CONTEST THE APPROPRIATENESS AND EFFICACY, HAVING REGARD TO ITS COST, OF THE CHRISTMAS BUTTER SCHEME SET UP BY THE CONTESTED REGULATION . FURTHERMORE, OTHER SOLUTIONS, MORE EFFECTIVE AND LESS RESTRICTIVE THAN MEASURES SUCH AS THE CHRISTMAS BUTTER SCHEMES, EXIST TO RESOLVE THE PROBLEM OF BUTTER STOCKS AND SURPLUSES .
31 IT IS SETTLED CASE-LAW THAT IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW COMPLIES WITH THE PRINCIPLE OF PROPORTIONALITY, IT MUST BE ASCERTAINED WHETHER THE MEANS WHICH IT EMPLOYS ARE SUITABLE FOR THE PURPOSE OF ACHIEVING THE DESIRED OBJECTIVE AND WHETHER THEY DO NOT GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT . FURTHERMORE, AS THE COURT STATED IN ITS JUDGMENT OF 21 FEBRUARY 1979 ( STOELTING, CITED ABOVE ), IF A MEASURE IS PATENTLY UNSUITED TO THE OBJECTIVE WHICH THE COMPETENT INSTITUTION SEEKS TO PURSUE THIS MAY AFFECT ITS LEGALITY; HOWEVER, THE COMMUNITY INSTITUTIONS MUST BE RECOGNIZED AS HAVING A DISCRETIONARY POWER IN REGARD TO THE COMMON AGRICULTURAL POLICY WHICH REFLECTS THE RESPONSIBILITIES WHICH THE TREATY IMPOSES ON THEM .
32 IN THIS CASE, IT CAN BE SEEN FROM THE STATEMENT OF THE REASONS ON WHICH THE CONTESTED REGULATION IS BASED THAT THE ESSENTIAL AIMS OF THE LATTER WERE TO INCREASE THE CONSUMPTION OF BUTTER NOT MERELY IN ORDER TO MAKE AN OVERALL REDUCTION IN BUTTER STOCKS BUT ALSO TO AVOID PROLONGING THE PERIOD OF STORAGE OF OLDER BUTTER WHICH, BEYOND A CERTAIN PERIOD, BECOMES UNFIT FOR HUMAN CONSUMPTION AND MUST BE FURTHER PROCESSED . IT CAN BE SEEN FROM THE DOCUMENTS ON THE FILE AND FROM THE ARGUMENTS MADE BEFORE THE COURT THAT, ON THE ONE HAND, THE CONTESTED SCHEME ACTUALLY LED TO ADDITIONAL SALES OF APPROXIMATELY 40*000 TONNES OF BUTTER IN THE COMMUNITY, THUS AVOIDING THE STORAGE OF THAT QUANTITY AND, ON THE OTHER HAND, THERE WAS CONSEQUENTLY A BETTER ROTATION AND A CERTAIN RENEWAL OF BUTTER STOCKS . THOSE OBJECTIVES ARE AMONG THOSE ASSIGNED TO THE INTERVENTION SYSTEM BY ARTICLE 6 ( 4 ) OF REGULATION NO 804/68 .
33 FURTHERMORE, IT DOES NOT APPEAR EITHER FROM THE DOCUMENTS ON THE FILE OR FROM THE ARGUMENTS MADE BEFORE THE COURT THAT THE COMMISSION COMMITTED A MANIFEST ERROR OF ASSESSMENT IN CONSIDERING THAT IT DID NOT HAVE ANY OTHER POSSIBLE WAY OF ACHIEVING THE DESIRED OBJECTIVES BY MORE EFFICIENT AND LESS ONEROUS MEANS UNDER CONDITIONS WHICH WERE LEGALLY, ECONOMICALLY AND PSYCHOLOGICALLY ACCEPTABLE .
34 IN THOSE CIRCUMSTANCES, AND ALTHOUGH IT MUST BE ADMITTED, AS THE