Keywords

Summary



Keywords

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1 . Agriculture - Common organization of the markets - Beef - Export refunds - Advance fixing - Suspension - Application to pending applications for advance fixing

( Council Regulation No 885/68, Art . 5 ( 3 ), as amended by Regulation No 1504/76; Commission Regulation No 2377/80, Art . 8a ( 2 ))

2 . Community law - Interpretation - Uniform interpretation - Multilingual provisions - Consideration of different language versions

3 . Agriculture - Common organization of the markets - Beef - Export refunds - Advance fixing - Waiting period for the issue of licences expressed as a number of working days - Meaning of the term "Werktag"

( Council Regulation No 1182/71, Art . 2 ( 2 ), Commission Regulation No 2377/80, Art . 8a ( 2 ))

4 . Measures adopted by the institutions - Duty to provide a statement of reasons - Scope - Regulations

( EEC Treaty, Art . 190 )

5 . Agriculture - Common organization of the markets - Beef - Export refunds - Advance fixing - Suspension - Derogation from the obligation to consult the Management Committee - Conditions - Extreme urgency - Definition

( Council Regulation No 885/68, Art . 5 ( 4 ), subparagraph 2, as amended by Regulation No 1504/76; Commission Regulation No 387/84 )

Summary

1 . Applications for advance fixing of export refunds for beef pursuant to Article 5 ( 3 ) of Regulation No 885/68 submitted before a period of suspension of advance fixing but on which, taking into account the waiting period provided for by Article 8a ( 2 ) of Regulation No 2377/80, a decision is to be taken during that period must be rejected .

2 . The necessity for uniform application and accordingly for uniform interpretation of Community law makes it impossible to consider one version of a text in isolation but requires that it be interpreted on the basis of both the real intention of its author and the aim he seeks to achieve, in the light in particular of the versions in all languages .

3 . The term "Werktag" in the German version of Article 8a ( 2 ) of Regulation No 2377/80 must be interpreted as being synonymous with the term "Arbeitstag" in the German version of Article 2 ( 2 ) of Regulation No 1182/71, that is to say as excluding Saturdays .

4 . The statement of reasons required by Article 190 of the Treaty must be appropriate to the nature of the measure in question . It must show clearly and unequivocally the reasoning of the Community authority which adopted the contested measure so as to inform the persons concerned of the justification for the measure adopted and to enable the Court to exercise its power of review . However, the statement of reasons on which regulations are based is not required to specify the often very numerous and complex matters of fact or of law dealt with in the regulations, provided that the latter fall within the general scheme of the body of measures of which they form part .

5 . In order that a regulation suspending advance fixing of export refunds on beef may be adopted by the Commission acting alone, and not in accordance with the Management Committee procedure, it is necessary, under the terms of the second subparagraph of Article 5 ( 4 ) of Regulation No 885/68, that there be a case of extreme urgency .

That will be so when, regard being had both to market trends and to the delays inherent in the Management Committee procedure, a regulation adopted following consultation with the latter would, in order to make it possible to reject an abnormally high number of requests for advance fixing, have to be retroactive in nature and thus open to criticism .