TREATY AND MISUSE OF POWERS .
THE COMPLAINT OF INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT
THE APPLICANT COMPLAINS THAT THE CONTESTED DECISION DID NOT EXPRESSLY STATE THAT THERE WAS IN THIS CASE NO DANGER OF ANY SERIOUS DISTURBANCE OF THE MARKET OF THE PRODUCTS CONCERNED . THIS COMPLAINT IS UNFOUNDED BECAUSE THE COMMISSION DOES NOT HAVE TO MENTION EXPRESSLY THAT IN ITS OPINION THERE IS NO DANGER OF SERIOUS DISTURBANCE .
IN ADDITION THE APPLICANT COMPLAINS THAT THE STATEMENT OF REASONS DOES NOT SPECIFICALLY DEAL WITH ALL THE CRITERIA OF ARTICLE 29 AND ALL THE OBJECTIVES LISTED IN ARTICLE 39 . AS THE COMMISSION DOES NOT HAVE TO TAKE INTO ACCOUNT THE CRITERIA AND OBJECTIVES NOT RELEVANT TO THE CASE IN POINT, IT MAY BE INFERRED FROM ITS SILENCE THAT IT CONSIDERED THAT THE CRITERIA AND OBJECTIVES NOT MENTIONED IN THE STATEMENT OF REASONS WERE INAPPLICABLE . THE OMISSION OF THE SAID CONSIDERATIONS DOES NOT THEREFORE CONSTITUTE A DEFECT IN THE STATEMENT OF REASONS .
THE APPLICANT ALSO CLAIMS THAT THE STATEMENT OF REASONS FOR THE CONTESTED REFUSAL IS INADEQUATE TO THE EXTENT THAT IT IS RESTRICTED TO MENTIONING A PRICE LEVEL ADJUSTED TO THE RATES OF THE COMMON CUSTOMS TARIFF FOR FRUIT WITHOUT STATING WHAT LEVEL, WHAT PRODUCTS, WHAT PRICES AND WHAT RATES ARE INVOLVED .
IT IS CLEAR FROM THE STATEMENT OF REASONS THAT THE PRICE LEVEL CONCERNED REFERS TO FRUIT IN GENERAL AND IN PARTICULAR TO APPLES, PEARS AND PEACHES ON THE ONE HAND AND ORANGES ON THE OTHER HAND . IT IS EQUALLY CLEAR THAT THE COMMISSION BY USING THE WORDS 'ADJUSTED TO THE RATES OF THE COMMON CUSTOMS TARIFF' INTENDED TO REFER TO THE PROTECTIVE FUNCTION OF THE EXTERNAL TARIFF AS A MEANS OF GUARANTEEING THE LEVEL OF COMMUNITY PRICES AGAINST THE REDUCTION WHICH MIGHT RESULT FROM THE IMPORTATION OF COMPETING PRODUCTS ORIGINATING IN THIRD COUNTRIES AT PRICES WHICH ARE TOO LOW . IT CANNOT THEREFORE BE SAID THAT THE STATEMENT OF REASONS IS INSUFFICIENTLY CLEAR .
THE APPLICANT COMPLAINS THAT THE STATEMENT OF REASONS SHOULD NOT REFER TO ARTICLE 8 OF REGULATION N . 23 OF THE COUNCIL, A PROVISION WHICH HAS NO CONNECTION WITH THE FACTS AND CANNOT THEREFORE SERVE AS A BASIS FOR THE DECISION . THIS COMPLAINT, IN SO FAR AS IT IS NOT A POINT OF SUBSTANCE, CANNOT BE UPHELD, BECAUSE, IF IN FACT THE ARTICLE REFERRED TO PROVED TO BE IRRELEVANT, IT WOULD IN NO WAY AFFECT THE LEGAL BASIS OF THE CONTESTED DECISION .
THE APPLICANT FINALLY COMPLAINS THAT THE STATEMENT OF REASONS IS CONTRADICTORY, BECAUSE THE COMMISSION CONSIDERS THE REQUESTED AUTHORIZATION AS AN OBSTACLE TO THE IMPLEMENTATION OF THE AGRICULTURAL POLICY AND AT THE SAME TIME FINDS THAT THE EFFECT OF THE REFUSAL ON THE PRICES AND QUANTITIES OF IMPORTED ORANGES WILL BE MINIMAL .
THE ALLEGED CONTRADICTION IS ONE OF APPEARANCE ONLY . WHEN THE COMMISSION TOOK THE VIEW THAT THE REFUSAL OF THE REQUESTED EXEMPTION WAS UNLIKELY TO RESTRICT IMPORTS OF ORANGES AND THEREFORE AFFECT