Keywords

Summary



Keywords

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1 . PRELIMINARY RULINGS - REFERENCE TO THE COURT - NEED FOR A PRELIMINARY RULING WITH REGARD TO PROCEEDINGS PENDING BEFORE THE COURT OR TRIBUNAL MAKING THE REFERENCE - COURT OR TRIBUNAL WHICH HAS MADE AN ORDER IN INTERLOCUTORY PROCEEDINGS - POWER TO MAKE A REFERENCE - CONDITION - NON-EXHAUSTION OF THE JURISDICTION OF THE COURT OR TRIBUNAL

( EEC TREATY, ART . 177 )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - ADVANCE FIXING - ADJUSTMENT FOLLOWING AN ALTERATION IN THE REPRESENATIVE RATES - APPLICATION TO REQUESTS FOR ADVANCE FIXING LODGED BEFORE THE ENTRY INTO FORCE OF THE NEW RATES - PERMISSIBILITY - PRINCIPLES OF THE PROTECTION OF LEGITIMATE EXPECTATIONS AND LEGAL CERTAINTY - INFRINGEMENT - NONE

( COMMISSION REGULATIONS NO 1160/82, ART . 7 ( 1 ), AND NO 1245/83, ART . 4 AND ANNEX IVA )

3 . AGRICULTURE - MONETARY MEASURES - ALTERATION IN THE REPRESENTATIVE RATES - EFFECT ON ADVANCE FIXINGS - CANCELLATION ON APPLICATION BY A TRADER - CONDITIONS - EXHAUSTIVE NATURE OF THE COUNCIL' S PROVISIONS - COMMISSION REGULATION LAYING DOWN DETAILED RULES OF IMPLEMENTATION IMPOSING AN ADDITIONAL CONDITION - UNLAWFUL

( COUNCIL REGULATIONS NO 1134/68, SECOND SUBPARAGRAPH OF ART . 4 ( 1 ), AND NO 1223/83, ART . 4 ( 2 ); COMMISSION REGULATION NO 1244/83 )

Summary

1 . UNDER ARTICLE 177 OF THE EEC TREATY, A NATIONAL COURT OR TRIBUNAL IS NOT EMPOWERED TO BRING A MATTER BEFORE THE COURT BY WAY OF A REFERENCE FOR A PRELIMINARY RULING UNLESS A DISPUTE IS PENDING BEFORE IT IN THE CONTEXT OF WHICH IT IS CALLED UPON TO GIVE A DECISION CAPABLE OF TAKING INTO ACCOUNT THE PRELIMINARY RULING . IT FOLLOWS THAT THE COURT OF JUSTICE HAS NO JURISDICTION TO HEAR A REFERENCE FOR A PRELIMINARY RULING WHEN AT THE TIME IT IS MADE THE PROCEDURE BEFORE THE COURT MAKING IT HAS ALREADY BEEN TERMINATED .

A REFERENCE MADE IN INTERLOCUTORY PROCEEDINGS BY A COURT WHICH BY THE SAME ORDER GRANTED THE MEASURE SOUGHT MUST BE REGARDED AS SATISFYING THOSE CONDITIONS WHERE THE INTERLOCUTORY PROCEEDINGS ARE STILL PENDING BEFORE THE SAME COURT, WHICH WILL BE ABLE TO TAKE ACCOUNT OF THE PRELIMINARY RULING FOR THE PURPOSES OF A SUBSEQUENT DECISION CONFIRMING, VARYING OR DISCHARGING ITS ORDER .

2 . NEITHER THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS NOR THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE WHERE THE TRADERS CONCERNED MUST REASONABLY EXPECT, AT THE MOMENT WHEN THEY LODGE THEIR REQUEST FOR ADVANCE FIXING, AN IMMINENT ALTERATION OF THE REPRESENTATIVE RATES AND THE CONSEQUENT ADJUSTMENT OF THE MONETARY COMPENSATORY AMOUNTS AND WHERE THEY HAVE EVERY POSSIBILITY OF ACQUAINTING THEMSELVES WITH THE OUTCOME OF THE DISCUSSIONS WITHIN THE COUNCIL . CONSEQUENTLY, THE COMMISSION ACTED LAWFULLY IN PRESCRIBING, IN REGULATION NO 1245/83 OF 20 MAY 1983 THAT THE ADJUSTMENTS TO BE MADE TO MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE IN THE EVENT OF A CHANGE IN THE REPRESENTATIVE RATES, AS PROVIDED FOR IN ARTICLE 7 ( 1 ) OF REGULATION NO 1160/82, MUST, IN THE CASE OF THE ALTERATION DECIDED ON BY THE COUNCIL AT ITS MEETING ON 16 AND 17 MAY, BE MADE IN RESPECT OF ALL ADVANCE FIXINGS FOR WHICH THE APPLICATION WAS LODGED AFTER 16 MAY 1983 IF THE TRANSACTION CONCERNED WAS CARRIED OUT AFTER 22 MAY 1983, THAT IS TO SAY AFTER THE ENTRY INTO FORCE OF THE NEW RATES .

3 . THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF COUNCIL REGULATION NO 1134/68 AND ARTICLE 4 ( 2 ) OF COUNCIL REGULATION NO 1223/83 MUST TOGETHER BE INTERPRETED AS MEANING THAT CANCELLATION OF ADVANCE FIXINGS MAY BE OBTAINED IN ALL CASES WHERE THE CONDITIONS LAID DOWN IN THOSE PROVISIONS ARE SATISFIED . COMMISSION REGULATION NO 1244/83 IS THEREFORE INVALID IN SO FAR AS IT LAYS DOWN AN ADDITIONAL CONDITION LIMITING ENTITLEMENT TO CANCELLATION TO ADVANCE FIXINGS EFFECTED BEFORE THE CHANGE IN THE REPRESENTATIVE RATES, WHICH CAME INTO FORCE ON 23 MAY 1983, AND THE EFFECT OF THAT CHANGE ON LEVIES, REFUNDS AND MONETARY COMPENSATORY AMOUNTS BECAME FORESEEABLE BY TRADERS, IN THIS CASE BEFORE 17 MAY 1983 .