THAT, CONTRARY TO THOSE STATEMENTS, THE COMMISSION WOULD ONCE AGAIN ORGANIZE SUCH A SCHEME .
44 THE COURT HAS CONSISTENTLY HELD THAT ANY TRADER IN REGARD TO WHOM AN INSTITUTION HAS GIVEN RISE TO JUSTIFIED HOPES MAY RELY ON THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION . ON THE OTHER HAND, IF A PRUDENT AND DISCRIMINATING TRADER COULD HAVE FORESEEN THE ADOPTION OF A COMMUNITY MEASURE LIKELY TO AFFECT HIS INTERESTS, HE CANNOT PLEAD THAT PRINCIPLE IF THE MEASURE IS ADOPTED ( JUDGMENT OF 1 FEBRUARY 1978 IN CASE 78/77 LUEHRS V HAUPTZOLLAMT HAMBURG-JONAS (( 1978 )) ECR 169 ).
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
46 ALTHOUGH THE APPLICANTS FORMALLY SUBMITTED ALTERNATIVE CONCLUSIONS ALLEGING LIABILITY ON THE PART OF THE COMMUNITY EVEN IF THE CONTESTED MEASURE MUST BE REGARDED AS LAWFUL, CONSIDERATION OF THE ARGUMENTS PUT FORWARD IN SUPPORT OF THOSE CONCLUSIONS REVEALS THAT THEY ARE IN REALITY BASED ON AN ALLEGED BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION AND THAT THEREFORE THEY CANNOT BE REGARDED AS DISTINCT FROM THE MAIN CONCLUSIONS . IT FOLLOWS THEREFORE THAT THOSE CONCLUSIONS CANNOT IN ANY EVENT BE ACCEPTED .
47 ON ALL THOSE GROUNDS THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
48 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE APPLICANTS HAVE FAILED IN THEIR SUBMISSIONS, THEY MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT
HEREBY :
( 1 ) DISMISSES THE APPLICATION;
( 2 ) ORDERS THE APPLICANTS TO PAY THE COSTS .