CARRIED OUT ON THE BASIS OF A REFERENCE PERIOD FIXED IN THE YEAR BEFORE THE CRISIS , ALTHOUGH IT MAY BE EXPLICABLE IN CASES IN WHICH A CONTINUED SUPPLY RELATIONSHIP HAS BEEN MAINTAINED , DURING THAT PERIOD , BETWEEN SELLER AND PURCHASER , CANNOT BE APPLIED WHEN THE SUPPLIER CEASED DURING THE COURSE OF THAT SAME PERIOD TO CARRY ON SUCH RELATIONS WITH ITS CUSTOMER , REGARD BEING HAD IN PARTICULAR TO THE FACT THAT THE PLANS OF ANY UNDERTAKING ARE NORMALLY BASED ON REASONABLE FORECASTS .
31MOREOVER , THE ADVANCES IN PETROL AGAINST CRUDE OIL AGREED TO BY BP IN PURSUANCE OF THE PROCESSING AGREEMENT , AS THEY OCCUR WITHIN THE CONTEXT OF AN AGREEMENT WHOSE PURPOSE WAS SOLELY THE REFINING OF CRUDE OIL SUPPLIED BY ABG AND NOT THE SUPPLYING OF ABG WITH MOTOR SPIRIT , CANNOT SERVE AS A VALID ARGUMENT TO COMPARE ABG ' S POSITION IN THIS CASE IN RELATION TO BP WITH THAT OF A TRADITIONAL CUSTOMER OF BP DURING THE ABOVE-MENTIONED REFERENCE PERIOD .
32FOR ALL THESE REASONS , SINCE ABG ' S POSITION IN RELATION TO BP HAD BEEN , FOR SEVERAL MONTHS BEFORE THE CRISIS OCCURRED , THAT OF AN OCCASIONAL CUSTOMER , BP CANNOT BE ACCUSED OF HAVING APPLIED TO IT DURING THE CRISIS LESS FAVOURABLE TREATMENT THAN THAT WHICH IT RESERVED FOR ITS TRADITIONAL CUSTOMERS .
33HAVING REGARD TO THE GENERAL SHORTAGE OF PETROLEUM PRODUCTS DURING THE PERIOD UNDER REVIEW AND THE DIFFICULT POSITION IN WHICH THE WHOLE OF THE NETHERLANDS MARKET WAS PLACED , THE APPLICATION TO ABG BY BP OF A RATE OF REDUCTION IDENTICAL OR VERY CLOSE TO THAT APPLIED TO ITS TRADITIONAL CUSTOMERS WOULD HAVE RESULTED IN A CONSIDERABLE DIMINUTION OF THE DELIVERIES WHICH THOSE CUSTOMERS EXPECTED .
34A DUTY ON THE PART OF THE SUPPLIER TO APPLY A SIMILAR RATE OF REDUCTION IN DELIVERIES TO ALL ITS CUSTOMERS IN A PERIOD OF SHORTAGE WITHOUT HAVING REGARD TO OBLIGATIONS CONTRACTED TOWARDS ITS TRADITIONAL CUSTOMERS COULD ONLY FLOW FROM MEASURES ADOPTED WITHIN THE FRAMEWORK OF THE TREATY , IN PARTICULAR ARTICLE 103 , OR , IN DEFAULT OF THAT , BY THE NATIONAL AUTHORITIES .
35IN THE ABSENCE OF SUCH COMMUNITY MEASURES THE NETHERLANDS NATIONAL AUTHORITIES , WITHIN THE FRAMEWORK OF THE DISTRIBUTIEWET ( LAW ON DISTRIBUTION ), 1939 , ON 13 NOVEMBER 1973 SET UP THE NATIONAL OFFICE FOR PETROLEUM PRODUCTS MENTIONED ABOVE IN ORDER TO FACE THE DIFFICULTIES MET WITH BY PURCHASERS OF PETROLEUM PRODUCTS DURING THE CRISIS .
36ACCORDING TO AN OFFICIAL COMMUNICATION PUBLISHED IN THE NETHERLANDS STAATSCOURANT OF 14 NOVEMBER 1973 , THE TASK OF THE NATIONAL OFFICE WAS TO CONTROL THE SUPPLY OF PETROLEUM PRODUCTS AND , IF THE DEVELOPMENT OF THE SITUATION SO REQUIRED , TO PREPARE FOR POSSIBLE DISTRIBUTION OF THOSE PRODUCTS AND TO CARRY IT OUT AT THE APPROPRIATE TIME .
37IT APPEARS FROM THE DESCRIPTION FURNISHED BY THE NETHERLANDS AUTHORITIES AND REPRODUCED IN THE CONTESTED DECISION THAT , BOTH DURING THE PERIOD FROM 12 JANUARY TO 4