) OF REGULATION NO 23 . FURTHERMORE THE PREAMBLE TO THE DISPUTED REGULATION FAILED TO INDICATE THE DAYS AND THE MARKETS IN RESPECT OF WHICH PRICES LOWER THAN THE REFERENCE PRICE HAD BEEN RECORDED . FINALLY THE SAID PREAMBLE DID NOT INDICATE TO WHAT EXTENT, IN RESPECT OF THE PERIOD IN QUESTION, THERE EXISTED " DISTURBANCES DUE TO OFFERS FROM THIRD COUNTRIES AT ABNORMAL PRICES " ( FIRST SUBPARAGRAPH OF ARTICLE 11(2 ) ( AS AMENDED ) OF REGULATION NO 23 ).
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THE EXTENT OF THE REQUIREMENT LAID DOWN BY ARTICLE 190 OF THE TREATY TO STATE THE REASONS ON WHICH MEASURES ARE BASED, DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION .
IT IS A QUESTION IN THE PRESENT CASE OF A REGULATION, THAT IS TO SAY, A MEASURE INTENDED TO HAVE GENERAL APPLICATION, THE PREAMBLE TO WHICH MAY BE CONFINED TO INDICATING THE GENERAL SITUATION WHICH LED TO ITS ADOPTION, ON THE ONE HAND, AND THE GENERAL OBJECTIVES WHICH IT IS INTENDED TO ACHIEVE ON THE OTHER .
CONSEQUENTLY, IT IS NOT POSSIBLE TO REQUIRE THAT IT SHOULD SET OUT THE VARIOUS FACTS, WHICH ARE OFTEN VERY NUMEROUS AND COMPLEX, ON THE BASIS OF WHICH THE REGULATION WAS ADOPTED, OR A FORTIORI THAT IT SHOULD PROVIDE A MORE OR LESS COMPLETE EVALUATION OF THOSE FACTS .
IT CANNOT BE COMPLAINED, FURTHER, THAT THIS REGULATION DID NOT INDICATE TO WHAT EXTENT, FOR THE PERIOD IN QUESTION, THERE WERE " DISTURBANCES DUE TO OFFERS FROM THIRD COUNTRIES AT ABNORMAL PRICES " ( FIRST SUBPARAGRAPH OF ARTICLE 11(2 ) ( AS AMENDED ) OF REGULATION NO 23 ). IN FACT, IN THE SYSTEM ESTABLISHED BY THIS PARAGRAPH SUCH " DISTURBANCES " DO NOT CONSTITUTE A DISTINCT CONDITION FOR THE ADOPTION OF A COUNTERVAILING CHARGE, BUT THEY ARE CONSIDERED TO COME INTO EXISTENCE AS SOON AS THE ENTRY PRICE, PROPERLY CALCULATED, IS LOWER THAN THE REFERENCE PRICE .
II - THE VALIDITY OF REGULATION NO 104/65
1 . THE JURISDICTION OF THE COURT
THE BEUS COMPANY HAS EMPHASIZED TO THE COURT THAT REGULATION NO 104/65 INFRINGED THE PROVISIONS OF ARTICLE 11(2 ) ( AS AMENDED ) OF REGULATION NO 23 AND THAT ITS STATEMENT OF REASONS IS INSUFFICIENT .
THE COMMISSION RAISES THE OBJECTION THAT THESE COMPLAINTS ARE INADMISSIBLE ON THE GROUND THAT THEY GO BEYOND THE PURPOSE OF THE REFERENCE, AS BEUS DID NOT RAISE THEM BEFORE THE FINANZGERICHT, MUNICH .
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ACCORDING TO THE WORDING OF THE OPERATIVE PART OF THE DECISION REFERRING THE MATTER, THE COURT IS ASKED SIMPLY TO SAY " WHETHER REGULATION NO 144/65/EEC...IS VALID ".
THE COURT MAY THUS CONSIDER THIS COMPLAINT .
2 . THE SUBSTANCE OF THE COMPLAINT
A - IT IS ALLEGED THAT IN CALCULATING THE REFERENCE PRICE THE COMMISSION WRONGLY TOOK INTO CONSIDERATION THE PRICES RECORDED FOR THE ITALIAN VARIETY OHANEZ AND THAT THAT VARIETY HOLDS ONLY AN INSIGNIFICANT PLACE IN COMPARISON WITH THE REGINA VARIETY, THE ONLY OTHER ITALIAN VARIETY CONSIDERED BY THE COMMISSION FOR