.
9 THE OBJECTION TO THE ADMISSIBILITY MUST THEREFORE BE REJECTED .
SUBSTANCE
10 REGULATION NO 120/67 OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS PROVIDES FOR THE FIXING OF A GUARANTEED MINIMUM PRICE FOR DURUM WHEAT IN ORDER TO ENCOURAGE THE CULTIVATION IN THE COMMON MARKET OF THIS WHEAT , WHICH , AS OPPOSED TO THAT OF COMMON WHEAT , IS CLEARLY BELOW REQUIREMENTS .
ARTICLE 10 OF THIS REGULATION PROVIDES THAT ' WHERE THE INTERVENTION PRICE FOR DURUM WHEAT . . . IS LOWER THAN THE GUARANTEED MINIMUM PRICE , AID SHALL BE GRANTED FOR THE PRODUCTION OF THIS CEREAL ' , THIS AID BEING EQUAL TO THE DIFFERENCE BETWEEN THE TWO PRICES .
11 AS A RESULT OF THIS AID THE CULTIVATION OF DURUM WHEAT HAS VERY MUCH INCREASED IN CERTAIN AREAS WHERE ITS CULTIVATION IS POSSIBLE , ESPECIALLY IN BEAUCE , THE SOUTH OF FRANCE AND SOUTHERN ITALY SO THAT THE NEEDS OF THE FRENCH AND ITALIAN MILLS ARE TO A LARGE EXTENT SATISFIED .
ON THE OTHER HAND THE GERMAN AND BENELUX MEAL PRODUCERS HAVE IN PRACTIVE HAD TO CONTINUE TO OBTAIN SUPPLIES OF DURUM WHEAT FROM THE TRADITIONAL SOURCE , THAT IS TO SAY BY IMPORT FROM THIRD COUNTRIES .
IT IS ESTABLISHED THAT DURING THE MARKETING YEARS PRIOR TO THAT OF 1974/75 THIS SITUATION HAS WORKED TO THE DISADVANTAGE OF THE GERMAN MEAL PRODUCERS SUCH AS THE APPLICANTS SINCE THEIR FRENCH COMPETITORS ARE CLEARLY ABLE TO OBTAIN SUPPLIES OF DURUM WHEAT LOCALLY AT PRICES CLOSE TO THE INTERVENTION PRICE ADOPTED FOR THE CEREAL YEAR WHEREAS THEY THEMSELVES HAD TO BUY THE PRODUCT AT PRICES DETERMINED BY THE THRESHOLD PRICE AND COULD OBTAIN COMMUNITY DURUM WHEAT ONLY IN SMALL QUANTITIES .
12 THE APPLICANTS CONSIDER THAT THE COUNCIL AND THE COMMISSION ARE LIABLE FOR THE DAMAGE WHICH THE SITUATION DESCRIBED HAS CAUSED THEM IN VIEW OF THE MANNER IN WHICH THESE INSTITUTIONS HAVE APPLIED REGULATION NO 120/67 .
IN THE KNOWLEDGE THAT THE PROVISIONS ADOPTED TO IMPLEMENT THIS REGULATION COULD AT THE VERY LEAST AGGRAVATE THE DISADVANTAGES OF THIS SITUATION , THESE INSTITUTIONS SHOULD EITHER HAVE REDUCED THE AIDS PROVIDED FOR AND THUS ELIMINATED THE INFLUENCE WHICH THEY WOULD HAVE EXERCISED ON THE LEVEL OF PRICES FOR DURUM WHEAT HARVESTED IN FRANCE OR ELSE COMPENSATED THE EFFECT OF THIS INFLUENCE BY LOWERING THE THRESHOLD PRICE SO THAT IT WAS CLOSER TO THE INTERVENTION PRICE .
IN THE EVENT OF NEITHER OF THESE MEASURES BEING CONSIDERED POSSIBLE THESE INSTITUTIONS SHOULD HAVE SOUGHT OTHER MEANS OF REDUCING THE DISADVANTAGE OF THE GERMAN AND BENELUX MEAL PRODUCERS .
AS A RESULT OF THEIR TOTAL FAILURE TO ACT THE INSTITUTIONS INFRINGED NOT ONLY ARTICLE 39 ( 1 ) ( C ) ACCORDING TO WHICH THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY ARE INTER ALIA TO STABILIZE MARKETS , BUT ALSO THE FUNDAMENTAL PRINCIPLE OF EQUALITY OF TREATMENT OF PARTNERS OF THE COMMON MARKET EXPRESSED IN ARTICLE 40 ( 3 )