THE CONTEXT OF THE SYSTEM FOR GRANTING CARRY-OVER PAYMENTS FOR CEREALS HELD IN STOCK WHICH IS IMPLEMENTED IN REGULATION NO 1192/71 PURSUANT TO ARTICLE 9 OF REGULATION NO 120/67, ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS .
8 THE FIRST QUESTION HAVING BEEN ANSWERED IN THE NEGATIVE, THE SECOND QUESTION DOES NOT REQUIRE TO BE CONSIDERED .
9 THE THIRD QUESTION ASKS WHETHER THE EXPRESSION " DESPATCHED ON 7 AUGUST 1971 AT THE LATEST " IS A DATE WITHIN THE MEANING OF ARTICLE 5 OF REGULATION NO 1182/71 .
10 ARTICLE 5 ( 1 ) AND ( 2 ), FIRST PARAGRAPH, COVERS ACTIONS WHICH MUST BE EFFECTED AT A GIVEN MOMENT OR AT A GIVEN DATE .
THIS IS NOT THE MEANING OF ARTICLE 3 OF REGULATION NO 1196/71 .
AS STATED ABOVE, THIS PROVISION IS A LEGAL CONSTRUCTION WHICH, ALTHOUGH NOT EXPRESSLY COVERED BY REGULATION NO 1182/71, CORRESPONDS TO THE CONCEPT OF A TIME LIMIT WITHIN THE MEANING OF THAT REGULATION .
Decision on costs
11 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE HESSISCHER VERWALTUNGSGERICHTSHOF, HEREBY RULES :
ARTICLE 3 - LAST INDENTATION - OF REGULATION NO 1196/71 DOES NOT FIX EITHER A PERIOD OR A DATE WITHIN THE MEANING OF REGULATION NO 1182/71 .