32As regards the unlawful conduct complained of, the applicant claims that the decisions of 22 July and 6 September 1996, in that they arranged for the substitution of peaches and nectarines for the apples envisaged as payment for the products to be supplied and laid down coefficients for so doing, constitute infringements of a number of provisions. First, they infringe the notice of invitation to tender and the principles of transparency and equal treatment, as stated in CAS v Commission, paragraph 18 above, which annulled on those grounds the Decision of 6 September 1996. Second, they infringe Regulations Nos 1975/95 and 2009/95, in particular in that the Commission carried out a substitution between fruit not belonging to the same group of fruit contrary to those regulations. Third, they infringe Articles 33 EC and 34 EC and Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organisation of the market in fruit and vegetables (OJ 1972 L 118, p. 1) and Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (OJ 1996 L 297, p. 1), in that they prohibit, essentially, any disturbances in the agricultural markets and any distortion of competition.
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