AGREEMENT ON THE GROUND THAT THE AGREEMENT WAS NOT ESSENTIAL FOR THE ATTAINMENT OF THE OBJECTIVES LAID DOWN UNDER ARTICLE 39, THE DECISION INFRINGED NOT ONLY ARTICLE 2 BUT ALSO ARTICLES 39, 40 AND 85 OF THE TREATY .
23 THE STABILIZATION OF MARKETS REFERRED TO IN ARTICLE 39 COVERS NOT ONLY ADJUSTMENT OF SUPPLY TO DEMAND IN ORDER TO DEVELOP COMMUNITY PRODUCTION BUT ALSO THE COMPATIBILITY OF TRADE IN PRODUCTS IMPORTED FROM THIRD COUNTRIES WITH PARAGRAPHS ( C ), ( D ) AND ( E ) OF THE SAID ARTICLE .
24 THE AGREEMENT DID, IN FACT, HAVE THE BENEFICIAL EFFECT OF CONCENTRATING THE SUPPLY OF AND DEMAND FOR FRUIT IMPORTED FROM THIRD COUNTRIES IN THE ROTTERDAM IMPORT AUCTIONS AND THUS OF ENSURING THE STABILITY OF THE MARKET, THE AVAILABILITY OF SUPPLIES AND THEIR REACHING CONSUMERS AT REASONABLE PRICES .
25 THE EXCEPTION PROVIDED FOR UNDER ARTICLE 2 ( 1 ) OF REGULATION NO 26, HOWEVER, APPLIES ONLY TO AGREEMENTS 'NECESSARY FOR ATTAINMENT OF THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY '.
26 THE APPLICANTS HAVE NOT SHOWN IN WHAT RESPECT THEIR AGREEMENT, WHICH IS CONCERNED WITH PRODUCTS COMING FROM THIRD COUNTRIES, CAN BE NECESSARY TO 'INCREASE AGRICULTURAL PRODUCTIVITY' OR TO 'ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY', AS THE FIRST TWO OBJECTIVES OF THE COMMON AGRICULTURAL POLICY ARE EXPRESSED .
27 IN CONSEQUENCE, THE COMMISSION COULD REASONABLY REGARD ARTICLE 2 OF REGULATION NO 26 AS INAPPLICABLE .
SECOND SUBMISSION AS TO SUBSTANCE
28 THE APPLICANTS DENY THAT THE AGREEMENT MADE BETWEEN THEM IS, AS IT HAS BEEN DESCRIBED IN THE DISPUTED DECISION, AN AGREEMENT BETWEEN UNDERTAKINGS WITHIN THE MEANING OF ARTICLE 85 ( 1 ).
29 IN THEIR VIEW, AN AGREEMENT BETWEEN ASSOCIATIONS IS CAUGHT BY THIS PROVISION ONLY IF IT HAS ACTUALLY CREATED OBLIGATIONS WHICH ARE DIRECTLY ENFORCEABLE AS BETWEEN THE AFFILIATED UNDERTAKINGS, WHICH IS NOT THE POSITION IN THE PRESENT CASE SINCE ONLY THE ASSOCIATIONS THEMSELVES CAN COMPEL THEIR AFFILIATES TO DISCHARGE THE OBLIGATIONS IMPOSED UPON THEM BY THE AGREEMENT .
30 ARTICLE 85 ( 1 ) APPLIES TO ASSOCIATIONS IN SO FAR AS THEIR OWN ACTIVITIES OF THOSE OF THE UNDERTAKINGS BELONGING TO THEM ARE CALCULATED TO PRODUCE THE RESULTS TO WHICH IT REFERS .
31 TO PLACE ANY OTHER INTERPRETATION ON ARTICLE 85 ( 1 ) WOULD BE TO REMOVE ITS SUBSTANCE .
32 AS AN ASSOCIATION OF UNDERTAKINGS, THE APPLICANTS ARE THEREFORE SUBJECT TO THE PROVISIONS OF ARTICLE 85 .
THIRD AND FOURTH SUBMISSIONS AS TO SUBSTANCE
33 THE APPLICANTS CRITICIZE THE DISPUTED DECISION FOR HAVING STATED THAT THE OBJECT AND EFFECT OF ARTICLE 9 OF THE AGREEMENT IS TO RESTRICT COMPETITION WITHIN THE COMMON MARKET AND TO AFFECT TRADE BETWEEN MEMBER STATES .
34 THEY CONTEND THAT WHOLESALERS WHO ARE MEMBERS OF THE ASSOCIATION CAN, OUTSIDE THE AUCTIONS, THEMSELVES IMPORT INTO THE NETHERLANDS CITRUS FRUIT PLACED ON THE MARKET BY THIRD PARTIES IN OTHER MEMBER STATES WHICH, IF IT COMES FROM THIRD COUNTRIES, HAS BEEN CLEARED