Keywords

Summary



Keywords

1 . COMPLEX ECONOMIC SITUATION - EVALUATION - ADMINISTRATION - DISCRETION - SCOPE - REVIEW BY THE COURT - LIMITS

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - WINES IMPORTED FROM NON-MEMBER COUNTRIES - REFERENCE PRICES - MONETARY COMPENSATORY AMOUNTS - PURPOSE OF EACH

( REGULATION NO 816/70 OF THE COUNCIL , ART . 9 ; REGULATION NO 974/71 OF THE COUNCIL , ART . 1 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - WINES IMPORTED FROM NON-MEMBER COUNTRIES - CONCEPT OF ' ' QUALITY WINES ' ' - ABSENCE - ASSIMILATION TO TABLE WINES

( REGULATION NO 816/70 OF THE COUNCIL , ART . 1 ( 4 ) ( B ) AND ( 5 ))

4 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - PUBLICATION - DATE

( EEC TREATY , ART . 191 )

5 . COMMUNITY LAW - PRINCIPLES - NO RETROACTIVITY OF REGULATIONS - EXCEPTIONS - CONDITIONS

6 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - RULES - RETROACTIVITY - LEGALITY

( REGULATIONS NOS 649/73 AND 741/73 OF THE COMMISSION )

Summary

1 . IN THE EVENT OF THE EVALUATION OF A COMPLEX ECONOMIC SITUATION , THE ADMINISTRATION ENJOYS A WIDE MEASURE OF DISCRETION . IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE ADMINISTRATIVE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .

2 . WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF THE MARKET IN WINE , REFERENCE PRICES , EXPRESSED IN UNITS OF ACCOUNT , ARE TO ENABLE THE PRICES OF WINE FROM NON-MEMBER COUNTRIES TO BE BROUGHT TO THE LEVEL OF PRICES WITHIN THE COMMUNITY , WHEREAS THE MONETARY COMPENSATORY AMOUNTS SYSTEM IS TO ENABLE , IN THE CASE OF FLUCTUATING EXCHANGE RATES , DIFFERENCES RECORDED IN PRICES EXPRESSED IN NATIONAL CURRENCY FOLLOWING CHANGES IN EXCHANGE RATES TO BE MADE UP AND IN PARTICULAR TO PREVENT THE DISTURBANCES IN TRADE WHICH MIGHT RESULT THEREFROM .

3 . IN THE ABSENCE OF A DEFINITION OF ANY SPECIAL CONCEPT OF ' ' QUALITY WINE ' ' COMING FROM THIRD COUNTRIES AS DISTINCT FROM THE CONCEPT OF ' ' TABLE WINE ' ' , IT MUST BE INFERRED THAT FOR THE PURPOSES OF COMMUNITY RULES , IN PARTICULAR THOSE RELATING TO THE MONETARY COMPENSATORY AMOUNTS SYSTEM , ANY WINE COMING FROM A NON-MEMBER COUNTRY IS - IN THE ABSENCE OF ANY EXCEPTION PROVIDING OTHERWISE - TO BE TREATED AS TABLE WINE .

4 . A REGULATION IS TO BE REGARDED AS PUBLISHED THROUGHOUT THE COMMUNITY ON THE DATE BORNE BY THE ISSUE OF THE OFFICIAL JOURNAL CONTAINING THE TEXT OF THAT REGULATION . HOWEVER , SHOULD EVIDENCE BE PRODUCED THAT THE DATE ON WHICH AN ISSUE WAS IN FACT AVAILABLE DOES NOT CORRESPOND TO THE DATE WHICH APPEARS ON THAT ISSUE , REGARD MUST BE HAD TO THE DATE OF ACTUAL PUBLICATION .

5 . ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

6 . THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS INTRODUCED BY REGULATION NO 974/71 IMPLIES IN PRINCIPLE THAT THE MEASURES ADOPTED TAKE EFFERCT AS FROM THE OCCURRENCE OF THE EVENTS WHICH GIVE RISE TO THEM , SO THAT IN ORDER TO MAKE THEM FULLY EFFECTIVE IT MAY BE NECESSARY TO PROVIDE FOR THE APPLICABILITY OF NEWLY-FIXED MONETARY COMPENSATORY AMOUNTS TO FACTS AND EVENTS WHICH OCCURRED SHORTLY BEFORE THE PUBLICATION OF THE REGULATION FIXING THEM IN THE OFFICIAL JOURNAL .