JUDGMENT OF THE COURT OF JUSTICE .
AS REGARDS THE APPLICATION FOR THE ANNULMENT OF REGULATION NO 381/86, IT MUST BE BORNE IN MIND THAT THAT REGULATION PROVIDES FOR ADDITIONAL AID FOR THE 1983/84 MARKETING YEAR; THAT WAS THE MARKETING YEAR COVERED BY REGULATION NO 1615/83, WHICH WAS ANNULLED BY THE JUDGMENT OF 19 SEPTEMBER 1985 IN CASE 192/83, CITED ABOVE .
THE HELLENIC REPUBLIC DOES NOT DENY THAT BY ADOPTING REGULATION NO 381/86 THE COMMISSION CORRECTLY IMPLEMENTED THE JUDGMENT OF 19 SEPTEMBER 1985 WITH RESPECT TO THE 1983/84 MARKETING YEAR, THE ONLY YEAR COVERED BY REGULATION NO 1615/83 . HOWEVER, IT CRITICIZES THE COMMISSION FOR FAILING TO
TAKE THE NECESSARY CONSEQUENTIAL MEASURES WITH RESPECT TO THE PREVIOUS AND SUBSEQUENT MARKETING YEARS, COVERED BY REGULATIONS IDENTICAL TO THE ANNULLED REGULATION WHICH WERE NOT CHALLENGED WITHIN THE PRESCRIBED TIME-LIMITS .
THE HELLENIC REPUBLIC DOES NOT THEREFORE ALLEGE THAT REGULATION NO 381/86 IS UNLAWFUL IN ANY WAY BUT CLAIMS THAT THE JUDGMENT OF 19 SEPTEMBER 1985 PLACES THE COMMISSION UNDER AN OBLIGATION NOT MERELY TO REPLACE THE ANNULLED REGULATION BUT ALSO TO ADOPT OTHER MEASURES ADJUSTING REGULATIONS THE ANNULMENT OF WHICH WAS NOT SOUGHT .
OF THE REGULATIONS WHICH, ACCORDING TO THE HELLENIC REPUBLIC, THE COMMISSION WAS UNDER AN OBLIGATION TO AMEND, SOME WERE ADOPTED BEFORE THE ANNULLED REGULATION, NAMELY COMMISSION REGULATIONS NOS . 1962/81 AND 1602/82 FIXING THE COEFFICIENTS TO BE APPLIED TO THE PRODUCTION AID FOR TOMATO CONCENTRATES FOR THE 1981/82 AND 1982/83 MARKETING YEARS, AND THE OTHER WAS ADOPTED SUBSEQUENTLY, NAMELY COMMISSION REGULATION NO 1709/84 FIXING THOSE COEFFICIENTS FOR THE MARKETING YEARS 1984/85 TO 1986/87 . THOSE REGULATIONS THUS RELATE TO SITUATIONS DIFFERENT FROM THOSE GOVERNED BY THE ANNULLED REGULATION AND, IN CRITICIZING THE COMMISSION FOR FAILING TO AMEND OR SUPPLEMENT THEM, THE HELLENIC REPUBLIC CLAIMS THAT IT IS INCUMBENT UPON THE COMMISSION TO RECAST THE ANNULLED MEASURE AND TO REGULATE THE SITUATION GOVERNED BY IT IN ACCORDANCE WITH THE OPERATIVE PART OF THE JUDGMENT OF 19 SEPTEMBER 1985 . HOWEVER, THE REMEDY PROVIDED BY THE TREATY FOR OBTAINING A
FINDING THAT THE COMMISSION IS UNDER SUCH AN OBLIGATION TO ACT IS THE ONE GOVERNED BY ARTICLE 175, TO WHICH, MOREOVER, THE HELLENIC REPUBLIC HAD RECOURSE IN THE ALTERNATIVE .
CONSEQUENTLY, THE APPLICATION FOR THE ANNULMENT OF REGULATION NO 381/86 MUST BE DISMISSED AS INADMISSIBLE .
IN ORDER TO ADJUDICATE UPON THE APPLICATION FOR ANNULMENT OF THE COMMISSION' S REFUSAL TO ACT, IN PURSUANCE OF THE PROCEDURE INITIATED AGAINST IT FOR FAILURE TO ACT, IT IS NECESSARY FIRST TO DETERMINE WHAT MEASURES AN INSTITUTION IS OBLIGED TO TAKE UNDER ARTICLE 176 IN ORDER TO COMPLY WITH A JUDGMENT OF THE COURT OF JUSTICE ANNULLING A MEASURE ADOPTED BY IT .
IN ORDER TO COMPLY WITH THE JUDGMENT AND TO IMPLEMENT IT FULLY, THE INSTITUTION IS REQUIRED TO HAVE REGARD NOT ONLY TO THE OPERATIVE PART OF THE JUDGMENT BUT ALSO TO THE GROUNDS WHICH LED TO THE JUDGMENT AND CONSTITUTE ITS ESSENTIAL BASIS, IN SO FAR AS THEY ARE