Keywords

Summary



Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - DETERMINATION OF VALIDITY - DECLARATION THAT A REGULATION IS VOID - EFFECT - NON-APPLICATION OF THE ACT BY ANY NATIONAL COURT - FRESH REFERENCE TO THE COURT - PERMISSIBILITY

( EEC TREATY , ART . 177 )

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - AMOUNTS COLLECTED BY THE MEMBER STATES - DISPUTES RELATING TO THE RECOVERY OF PAYMENTS NOT LEGALLY DUE - JURISDICTION OF THE NATIONAL COURTS - APPLICATION OF THE NATIONAL LAW - CONDITIONS

( COUNCIL DECISION OF 21 APRIL 1970 , ART . 6 )

3 . EUROPEAN COMMUNITIES - OWN RESOURCES - AMOUNTS COLLECTED BY THE MEMBER STATES - SECURITIES PROVIDED AND DECLARED FORFEIT UNDER REGULATION NO 563/76 - PASSING ON OF THE CHARGE AUTHORIZED BY THE COMMUNITY REGULATION - ACTION FOR RECOVERY OF PAYMENT NOT LEGALLY DUE - NO BASIS

( COUNCIL REGULATION NO 563/76 , ART . 5 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - COMPOUND PRODUCTS - CONDITIONS FOR GRANT

( REGULATION NO 192/75 OF THE COMMISSION , ART . 8 ( 1 ), FIRST AND THIRD SUBPARAGRAPHS )

Summary

1 . ALTHOUGH A JUDGMENT OF THE COURT GIVEN UNDER ARTICLE 177 OF THE TREATY DECLARING AN ACT OF AN INSTITUTION , IN PARTICULAR A COUNCIL OR COMMISSION REGULATION , TO BE VOID IS DIRECTLY ADDRESSED ONLY TO THE NATIONAL COURT WHICH BROUGHT THE MATTER BEFORE THE COURT , IT IS SUFFICIENT REASON FOR ANY OTHER NATIONAL COURT TO REGARD THAT ACT AS VOID FOR THE PURPOSES OF A JUDGMENT WHICH IT HAS TO GIVE . THAT ASSERTION DOES NOT HOWEVER MEAN THAT NATIONAL COURTS ARE DEPRIVED OF THE POWER GIVEN TO THEM BY ARTICLE 177 OF THE TREATY AND IT RESTS WITH THOSE COURTS TO DECIDE WHETHER THERE IS A NEED TO RAISE ONCE AGAIN A QUESTION WHICH HAS ALREADY BEEN SETTLED BY THE COURT WHERE THE COURT HAS PREVIOUSLY DECLARED AN ACT OF A COMMUNITY INSTITUTION TO BE VOID . THERE MAY BE SUCH A NEED ESPECIALLY IF QUESTIONS ARISE AS TO THE GROUNDS , THE SCOPE AND POSSIBLY THE CONSEQUENCES OF THE NULLITY ESTABLISHED EARLIER .

2 . TO THE EXTENT TO WHICH COMMUNITY LAW HAS NOT PROVIDED OTHERWISE , DISPUTES RELATING TO THE REFUND OF AMOUNTS COLLECTED ON BEHALF OF THE COMMUNITY FALL WITHIN THE JURISDICTION OF NATIONAL COURTS AND SHOULD BE SETTLED BY THOSE COURTS BY APPLYING THEIR OWN NATIONAL LAW , BOTH PROCEDURAL AND SUBSTANTIVE .

3 . THE EXISTENCE DURING THE PERIOD IN WHICH COUNCIL REGULATION NO 563/76 WAS APPLIED OF A SCHEME SPECIALLY DESIGNED WITH A VIEW TO SPREADING THE ECONOMIC EFFECTS OF THE OBLIGATIONS WHICH IT IMPOSED DESTROYS THE BASIS OF AN ACTION FOR THE RECOVERY OF SECURITIES WHICH HAVE BEEN PROVIDED AND DECLARED FORFEIT EVEN IF A SIMILAR ACTION COULD BE SUCCESSFULLY BROUGHT UNDER NATIONAL LAW ALONE . IN THIS REGARD IT DOES NOT MATTER WHETHER THE OPERATOR HAS ACTUALLY PASSED ON THE CHARGE OR WHETHER HE HAS DECIDED NOT TO DO SO FOR REASONS CONNECTED WITH THE FINANCIAL POLICY OF HIS UNDERTAKING . RECOVERY IS IN ITSELF RULED OUT A FORTIORI IF THE OPERATOR WAS NOT HIMSELF BOUND TO PAY THE CHARGE IN QUESTION WHICH HE ADVANCED VOLUNTARILY OR REFUNDED TO HIS SUPPLIERS .

4 . THE THIRD SUBPARAGRAPH OF ARTICLE 8 ( 1 ) OF REGULATION NO 192/75 COVERS ONLY THE CASE OF A COMPOUND PRODUCT WHICH , AS SUCH , IS NOT CAPABLE OF ATTRACTING EXPORT REFUNDS BUT CONTAINS CERTAIN COMPONENTS WHICH ARE SO CAPABLE . THAT PROVISION DOES NOT THEREFORE RELATE TO THE CASE OF A COMPOUND PRODUCT WHICH AS SUCH , THAT IS TO SAY IN ITS ENTIRETY , ATTRACTS AN EXPORT REFUND . IN THAT CASE IT IS THE FIRST SUBPARAGRAPH OF ARTICLE 8 ( 1 ) WHICH GOVERNS THE CONDITIONS FOR THE GRANT OF THE REFUND ; CONSEQUENTLY ALL COMPONENTS OF A PRODUCT MUST HAVE ORIGINATED IN THE COMMUNITY OR HAVE BEEN RELEASED INTO FREE CIRCULATION THERE .