Keywords

Summary



Keywords

1 . COMMUNITY LAW - DIRECT EFFECT - OBLIGATIONS OF MEMBER STATES

( EEC TREATY , ART . 189 )

2 . AGRICULTURE - CONJUNCTURAL POLICY - MONETARY COMPENSATORY AMOUNTS - APPLICABILITY TO CONTRACTS CONCLUDED BEFORE 19 DECEMBER 1971 - CRITERIA - DETERMINATION - LEGISLATIVE POWERS OF MEMBER STATES - NONE

( REGULATION ( EEC ) NO 974/71 OF THE COUNCIL ; REGULATION ( EEC ) NO 1013/71 OF THE COMMISSION , ART . 4 ( 2 ); REGULATION ( EEC ) NO 2887/71 OF THE COMMISSION )

3 . AGRICULTURE - CONJUNCTURAL POLICY - MONETARY COMPENSATORY AMOUNTS - APPLICABILITY TO CONTRACTS CONCLUDED BEFORE 19 DECEMBER 1971 - ARTICLE 4 ( 2 ) OF REGULATION NO 1013/71 - INTERPRETATION - JURISDICTION OF NATIONAL COURT

4 . AGRICULTURE - CONJUNCTURAL POLICY - MONETARY COMPENSATORY AMOUNTS - APPLICABILITY TO CONTRACTS CONCLUDED BEFORE 19 DECEMBER 1971 - ARTICLE 4 ( 2 ) OF REGULATION NO 1013/71 - APPLICATION - CONTRACT PROVIDING FOR PAYMENT BY OPENING OF IRREVOCABLE DOCUMENTARY CREDIT

5 . AGRICULTURE - CONJUNCTURAL POLICY - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITIONS - CHECKING - REFERENCE TO DAY OF IMPORTATION OR EXPORTATION

( REGULATION ( EEC ) NO 974/71 OF THE COUNCIL , ART . 1 )

Summary

1 . THE DIRECT APPLICATION OF A COMMUNITY REGULATION MEANS THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT ARE INDEPENDENT OF ANY MEASURE ADOPTING IT INTO NATIONAL LAW . BY REASON OF THE OBLIGATIONS IMPOSED ON THEM BY THE TREATY MEMBER STATES MUST NOT IMPEDE THE DIRECT EFFECT OF REGULATIONS OR OTHER RULES OF COMMUNITY LAW .

THE SCRUPULOUS OBSERVATION OF THIS DUTY IS AN INDISPENSABLE REQUISITE FOR THE SIMULTANEOUS AND UNIFORM APPLICATION OF COMMUNITY REGULATIONS THROUGHOUT THE WHOLE OF THE COMMUNITY . ACCORDINGLY MEMBER STATES MUST NOT ADOPT OR ALLOW NATIONAL INSTITUTIONS WITH A LEGISLATIVE POWER TO ADOPT A MEASURE BY WHICH THE COMMUNITY NATURE OF A LEGAL RULE AND THE CONSEQUENCES WHICH ARISE FROM IT ARE CONCEALED FROM THE PERSONS CONCERNED .

ALTHOUGH IT IS TRUE THAT IN THE EVENT OF DIFFICULTY OF INTERPRETATION THE NATIONAL ADMINISTRATION MAY BE LED TO ADOPT DETAILED RULES FOR THE APPLICATION OF A COMMUNITY REGULATION AND AT THE SAME TIME TO CLARIFY ANY DOUBTS RAISED , IT CAN DO SO ONLY IN SO FAR AS IT COMPLIES WITH THE PROVISIONS OF COMMUNITY LAW AND THE NATIONAL AUTHORITIES CANNOT ISSUE BINDING RULES OF INTERPRETATION .

2 . REGULATIONS NOS 974/71 AND 1013/71 , AS AMENDED BY REGULATION NO 2887/71 , DO NOT PERMIT MEMBER STATES TO ADOPT PROVISIONS LAYING DOWN SPECIFIC CRITERIA CONCERNING THE APPLICABILITY OR OTHERWISE OF COMPENSATORY AMOUNTS TO CONTRACTS CONCLUDED BEFORE 19 DECEMBER 1971 IN ORDER TO ' ALLOW THE CONTRACT TO BE EXECUTED UNDER THE CONDITIONS WHICH WOULD HAVE EXISTED HAD THE MONETARY MEASURES REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) NO 974/71 NOT BEEN TAKEN ' , AS PROVIDED FOR UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 1013/71 .

3 . THE PROVISIONS OF ARTICLE 4 ( 2 ) OF REGULATION NO 1013/71 ARE FULLY EFFECTIVE IN THEMSELVES AND MUST THEREFORE BE INTERPRETED AS LEAVING IT TO THE COURTS OF THE MEMBER STATE CONCERNED TO DECIDE WHETHER THE CONTRACT WAS EXECUTED UNDER THE CONDITIONS WHICH WOULD HAVE EXISTED IN THE ABSENCE OF THE MONETARY MEASURES REFERRED TO IN ARTICLE 1 OF REGULATION NO 974/71 .

4 . AS REGARDS THE APPLICATION OF ARTICLE 4 ( 2 ) OF REGULATION NO 1013/71 THE QUESTION IS WHETHER THE CONTRACT WAS EXECUTED UNDER THE CONDITIONS WHICH WOULD HAVE EXISTED IN THE ABSENCE OF THE MONETARY MEASURES WHICH LED TO THE INTRODUCTION OF THE MONETARY COMPENSATORY AMOUNTS . WHERE THE CONTRACT PROVIDES FOR PAYMENT BY THE OPENING OF AN IRREVOCABLE DOCUMENTARY CREDIT THE ANSWER MUST DEPEND ON THE NATURE OF THE ARRANGEMENTS AGREED BETWEEN THE IMPORTER AND THE ISSUING BANK AND THESE MAY IN TURN DEPEND ON THE PROVISIONS OF THE LOCAL LAW APPLICABLE TO THEM . WHERE THE CREDIT IS TO BE OPENED FOR A SUM IN FOREIGN CURRENCY ( AS , IN THIS CASE , DOLLARS ), THE CRUCIAL DATE WILL BE THAT UPON WHICH THE RATE OF EXCHANGE DETERMINING THE AMOUNT OF THE IMPORTER ' S LIABILITY TO THE ISSUING BANK WAS APPLICABLE .

5 . FOR THE PURPOSE OF DETERMINING WHETHER THE CONDITIONS FOR APPLYING AND DETERMINING MONETARY COMPENSATORY AMOUNTS ARE FULFILLED REFERENCE MUST BE MADE IN RESPECT OF EACH COMMERCIAL TRANSACTION ( IMPORTATION OR EXPORTATION ) TO THE DAY OF THE IMPORTATION OR EXPORTATION .