Keywords

Summary



Keywords

1 . QUESTIONS SUBMITTED FOR A PRELIMINARY RULING - JURISDICTION OF THE NATIONAL COURT - APPRAISAL OF THE EXPEDIENCY OF A REFERENCE

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - TRADE WITH NON-MEMBER COUNTRIES - IMPORT PRICE - FREE-AT-FRONTIER OFFER PRICE - LEVY OF A COMPULSORY CHARGE UPON IMPORTATION

( INTERIM AGREEMENT EEC-ALGERIA OF 26 APRIL 1976 ANNEXED TO REGULATION NO 1287/76 ; REGULATION NO 816/70 OF THE COUNCIL , ART . 9 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - TRADE WITH NON-MEMBER COUNTRIES - DEPRECIATION OF THE CURRENCY OF THE IMPORTING MEMBER STATE - MINIMUM AMOUNT OF THE FREE-AT-FRONTIER OFFER PRICE EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE INCREASED BY THE MONETARY COMPENSATORY AMOUNTS - WHETHER PERMISSIBLE - APPRAISAL FROM THE POINT OF VIEW OF COMMUNITY LAW

( REGULATION NO 1380/75 OF THE COMMISSION , ART . 17 ( 3 ), AS AMENDED BY REGULATION NO 1577/76 , ART . 6 )

Summary

1 . IT IS NOT FOR THE COURT TO RULE ON THE EXPEDIENCY OF A REQUEST FOR A PRELIMINARY RULING . AS REGARDS THE DIVISION OF JURISDICTION BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY IT IS FOR THE NATIONAL COURT WHICH IS ALONE IN HAVING A DIRECT KNOWLEDGE OF THE FACTS OF THE CASE AND OF THE ARGUMENTS PUT FORWARD BY THE PARTIES , AND WHICH WILL HAVE TO GIVE JUDGMENT IN THE CASE , TO APPRECIATE , WITH FULL KNOWLEDGE OF THE MATTER BEFORE IT , THE RELEVANCE OF THE QUESTIONS OF LAW RAISED BY THE DISPUTE BEFORE IT AND THE NECESSITY FOR A PRELIMINARY RULING SO AS TO ENABLE IT TO GIVE JUDGMENT .

2 . THE COMBINED PROVISIONS OF ARTICLE 9 OF REGULATION NO 816/70 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE AND OF ARTICLE 13 OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE DEMOCRATIC PEOPLE ' S REPUBLIC OF ALGERIA PREVENT A SALES ORGANIZATION OF A NON-MEMBER COUNTRY , SUCH AS ALGERIA , FROM EXPORTING WINES TO A MEMBER STATE OF THE COMMUNITY AT A FREE-AT-FRONTIER OFFER PRICE LOWER THAN THE REFERENCE PRICE RELATING TO THOSE WINES . IN SUCH A CASE , A COUNTERVAILING CHARGE EQUAL TO THE DIFFERENCE BETWEEN THE REFERENCE PRICE AND THE FREE-AT-FRONTIER OFFER PRICE SHOULD BE LEVIED .

3 . IT FOLLOWS FROM ARTICLE 17 ( 3 ) OF REGULATION NO 1380/75 , AS AMENDED BY ARTICLE 1 OF REGULATION NO 1577/76 , THAT , WHERE WINES ARE IMPORTED FROM A NON-MEMBER COUNTRY INTO A MEMBER STATE WHOSE CURRENCY HAS DEPRECIATED , THE FREE-AT-FRONTIER OFFER PRICE MUST AT LEAST BE EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE INCREASED BY THE MONETARY COMPENSATORY AMOUNTS RELATING TO THAT IMPORTATION IN RESPECT OF A TRANSACTION WHICH THE TRADERS WISH TO EFFECT AT THE MINIMUM PRICE .

IF THE FREE-AT-FRONTIER OFFER PRICE IS EQUAL TO OR HIGHER THAN THE FREE-AT-FRONTIER REFERENCE PRICE PLUS THE MONETARY COMPENSATORY AMOUNTS AND IF THAT PRICE IS IMMEDIATELY PAID BY THE IMPORTER , THE CONTRACTUAL PROVISIONS CONCERNING THE PAYMENT OVER OF THE MONETARY COMPENSATORY AMOUNTS BY THE IMPORTER TO THE EXPORTER DO NOT FALL WITHIN THE FIELD OF COMMUNITY LAW BUT WITHIN THE AMBIT OF THE CONTRACTUAL RELATIONS GOVERNED BY NATIONAL LAW .

CONVERSELY , IF AT THE TIME OF IMPORTATION THE IMPORTER HAS PAID ONLY A SUM EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE WHEREAS THE TRANSACTION MUST BE CARRIED OUT ON TERMS UNDER WHICH THE FREE-AT-FRONTIER OFFER PRICE IS EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE PLUS THE MONETARY COMPENSATORY AMOUNTS , THE PAYMENT OVER BY THE IMPORTER TO THE EXPORTER OF A SUM REPRESENTING THE MONETARY COMPENSATORY AMOUNTS WHEN THE LATTER ARE KNOWN EXACTLY IS A NECESSARY CONDITION FOR COMPLIANCE WITH THE PROVISIONS OF COMMUNITY LAW CITED ABOVE . IN THAT CASE , PROVIDED THAT THE MONETARY COMPENSATORY AMOUNT RELATING THERETO AND APPLICABLE ON THE DAY ON WHICH THE CUSTOMS FORMALITIES FOR RELEASE INTO FREE CIRCULATION ARE COMPLETED CAN BE KNOWN ONLY AFTER THE PERFORMANCE OF THE TRANSACTION , A CONTRACTUAL PROVISION FOR THE TRANSFER OF THE SUM REPRESENTING THAT MONETARY COMPENSATORY AMOUNT CANNOT BE REGARDED AS CONTRARY TO COMMUNITY LAW THE OBSERVANCE OF WHICH IT IS , ON THE CONTRARY , DESIGNED TO ENSURE .