CONDITIONS OF SALE MUST BE PUBLISHED . HAD THE TREATY WISHED TO GIVE THE HIGH AUTHORITY GREATER FREEDOM AND THE RIGHT TO DEROGATE FROM THIS RULE, IT WOULD HAVE BEEN LOGICAL FOR SUCH POWERS ALSO TO BE SUBJECT TO CONSULTATION WITH THE COUNCIL .
( 5 ) IT NOW REMAINS TO CONSIDER WHETHER THE CONCLUSION TO WHICH THE COURT HAS COME AS A RESULT OF ITS EXAMINATION OF THE WORDS USED AND THE REASONS UNDERLYING THEM IS CONTRARY TO THE TREATY'S OTHER OBJECTIVES, OR WHETHER IT MAY BE INVALIDATED BY OTHER CONSIDERATIONS . THIS IS NOT THE CASE . IT MUST FIRST BE REPEATED THAT THE METHOD OF PRIOR PUBLICATION OF THE EXACT PRICES IS THE MANDATORY RULE LAID DOWN BY ARTICLE 60 ( 2 ). IT FOLLOWS THAT THIS RULE CANNOT BE DISREGARDED, EVEN IF THIS WOULD FACILITATE SOME OTHER METHOD WHICH MIGHT BETTER ATTAIN THE AIMS IN VIEW . IT IS NOT FOR THE COURT TO EXPRESS A VIEW AS TO THE DESIRABILITY OF THE METHOD LAID DOWN BY THE TREATY, OR TO SUGGEST A REVISION OF THE TREATY, BUT IT IS BOUND, IN ACCORDANCE WITH ARTICLE 31, TO ENSURE THAT IN THE INTERPRETATION AND APPLICATION OF THE TREATY AS IT STANDS THE LAW IS OBSERVED .
( A ) THE OBJECTION THAT PURCHASERS CANNOT CHECK ON PRICES WHEN THESE ARE COMING DOWN IS IRRELEVANT, AS THIS IS NOT THE SOLE OBJECT OF PUBLICATION, WHICH IS ALSO INTENDED TO ENABLE PURCHASERS TO OBTAIN INFORMATION AS TO THE EXACT PRICES AND TO ENABLE UNDERTAKINGS TO ALIGN THEIR PRICES . THIS OBJECTION IS THEREFORE NOT SUFFICIENT TO JUSTIFY ABANDONING THE RULE AS TO PUBLICATION WHICH IS LAID DOWN IN THE TREATY .
( B ) THE DEFENDANT STRESSED THE DANGER OF AGREEMENTS BETWEEN PRODUCERS, A DANGER WHICH IS SAID TO BE INHERENT IN THE OLD SYSTEM . HOWEVER THERE IS NO EVIDENCE THAT THE INTRODUCTION OF AN AVERAGE MARGIN WOULD OBVIATE THIS DANGER . EVEN IF THE NEW SYSTEM WERE TO SOME EXTENT INSTRUMENTAL IN LESSENING THIS RISK, THIS WOULD NOT BE ANY JUSTIFICATION FOR NEGLECTING THE OTHER OBJECTIVES AT WHICH PUBLICATION IS AIMED . MOREOVER, THE TREATY ENABLES THE HIGH AUTHORITY TO INTERVENE BY OTHER MEANS, AS SOON AS IT LEARNS THAT ANY AGREEMENTS HAVE BEEN CONCLUDED .
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( C ) THE STATE OF THE MARKET, IN PARTICULAR THE REALIZATION THAT THERE IS A TREND TO LOWER PRICES, IS LIKEWISE NO GROUND FOR ABOLISHING THE RULE THAT PRICES ARE TO BE PUBLISHED, SINCE SUCH PUBLICATION IS PROVIDED FOR BY THE TREATY . IN THE EVENT OF A CRISIS OR DISTURBANCES ON THE MARKET, THE TREATY CONFERS VARIOUS POWERS ON THE HIGH AUTHORITY - IN PARTICULAR UNDER ARTICLE 60 ( 2 ) ( B ) LAST LINE, ARTICLE 61, ARTICLE 63, ARTICLES 58 AND 59 - BUT NOWHERE THE POWER TO DISPENSE WITH THE COMPULSORY PUBLICATION OF PRICE-LISTS . MOREOVER, THE RULE AS TO COMPULSORY PUBLICATION, LAID DOWN BY THE TREATY, IS OF A GENERAL NATURE AND