OF CERTAIN OBJECTIVES OF THE AGRICULTURAL POLICY WITH REGARD TO MANY VARIETIES OF FRUIT AND IN PARTICULAR FRUSTRATE THE EFFORTS WHICH ARE BEING MADE TO OBTAIN A MORE UNIFORM DISTRIBUTION THROUGHOUT THE YEAR BY MEANS OF A BETTER SYSTEM OF STORAGE, SUCH AN IMPROVEMENT REQUIRING SUBSTANTIAL INVESTMENT WHICH PRE-SUPPOSES A CERTAIN SAFETY MARGIN WITH REGARD TO THE CONDITIONS OF COMPETITION WITH OTHER VARIETIES OF FRUIT . THE APPLICANT CLAIMS THAT ORANGES, ON THE ONE HAND, AND APPLES, PEARS AND PEACHES ON THE OTHER, CANNOT IN PRACTICE BE SUBSTITUTED FOR EACH OTHER, BECAUSE PUBLIC PREFERENCE IS PREDOMINANTLY INFLUENCED BY TASTE AND THE NEED FOR VITAMINS, WHILE THE DEFENDANT STATES THAT THE PUBLIC'S CHOICE IS CHIEFLY DICTATED BY THE PRICE . EACH OF THESE DIAMETRICALLY OPPOSED VIEWS APPEARS TO BE TOO RIGID BECAUSE THEY ASSUME THAT ONE SIMPLE FACT AMONG MANY OTHERS MAY ALONE DETERMINE THE PUBLIC'S CHOICE . THE STATISTICS SUPPLIED BY THE PARTIES SHOW THAT AT THE PRESENT TIME DEMAND IS GOVERNED CHIEFLY BY THE VOLUME OF SUPPLIES FROM TIME TO TIME AVAILABLE ACCORDING TO THE SEASON AND VARIES ACCORDING TO THE PRICE LEVEL AND THE QUANTITIES AVAILABLE . IN THE CIRCUMSTANCES IT WAS OPEN TO THE COMMISSION TO DRAW THE CONCLUSION THAT AN INCREASED SUPPLY OF APPLES OUT OF SEASON CAUSED BY BETTER STORAGE INCREASES THE CONSUMPTION OF THESE FRUITS . IT WAS EQUALLY OPEN TO THE COMMISSION TO HOLD THAT THE PRICE LEVEL OF ORANGES, A PRINCIPAL TABLE FRUIT DURING THE SEASON, IS A FACTOR WHICH CAN INDIRECTLY AFFECT THE SUCCESS OF A POLICY OF STORING APPLES . THEREFORE, HOWEVER EXTRAVAGANT THE STATEMENT MAY APPEAR THAT THE GRANT OF THE EXEMPTION APPLIED FOR WOULD NECESSARILY FRUSTRATE THE AGRICULTURAL POLICY IN THE SECTOR OF APPLES, PEARS AND PEACHES, IT DOES NOT APPEAR TO BE ENTIRELY WITHOUT FOUNDATION .
THE QUESTIONS OF THE EXTENT OF AND REASONS FOR THE OVER-PRODUCTION OF APPLES IN THE COMMUNITY AND OF THE LIKELY TREND OF THE CONSUMPTION OF APPLES IN THE FEDERAL REPUBLIC HAVE LITTLE RELEVANCE IN THIS CASE, MORE ESPECIALLY SINCE THE OBJECT OF THE CONTESTED DECISION, AS IS CLEAR FROM THE STATEMENT OF REASONS, IS NOT TO REDUCE THE SUPPLY OF ORANGES ON THE GERMAN MARKET, BUT SIMPLY TO MAINTAIN IT AT A PRICE LEVEL COMPATIBLE WITH THE COMMON CUSTOMS TARIFF .
IT FOLLOWS FROM THIS THAT THE APPLICANT, ALTHOUGH IT HAS SHOWN THAT CERTAIN ASSERTIONS IN THE STATEMENT OF REASONS MAY BE REGARDED AS EXAGGERATED, HAS NOT PROVED THAT THE ESSENTIAL REASONING IN IT IS WRONG . THE STATEMENTS PUT FORWARD BY THE COMMISSION CAN IN FACT VALIDLY SUBSTANTIATE THE CONTESTED DECISION .
THE COMPLAINT OF INFRINGEMENT OF THE TREATY MUST THEREFORE BE DISMISSED .
THE COMPLAINT OF MISUSE OF POWERS
APART FROM THE COMPLAINTS OF MISUSE OF POWERS PUT FORWARD BY THE APPLICANT AND ALREADY EXAMINED, THE APPLICANT HAS STATED THAT THE COMMISSION, HAVING BY ITS DECISION OF 5 JANUARY 1962 REFUSED THE REQUEST FOR AN EXEMPTION ON THE GROUND THAT THE COMMUNITY PRODUCTION OF ORANGES MUST BE PROTECTED, AGAIN