34It should lastly be recalled, as regards the argument that the profit margin of 5% taken into account in calculating the constructed normal value for sales to OEMs is insufficient, that in ruling on a similar plea in law, also seeking the annulment of Regulation No 535/87, the Court held in the judgment in Joined Cases C-133/87 and C-150/87 Nashua Corporation v Commission and Council [1990] ECR 719, at paragraph 33, that the institutions had taken into consideration the difference between the costs and profits associated with sales to OEMs and the equivalent figures for other sales. However, because the institutions had found it impossible to gauge that difference accurately, in constructing the normal value of products sold to OEMs they set the profit margin at 5% instead of its average rate, estimated at 14.6%, applied to sales under the manufacturers' own brand names.
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