NECESSARY TO DETERMINE THE EXACT MEANING OF WHAT IS STATED IN THE OPERATIVE PART . IT IS THOSE GROUNDS WHICH, ON THE ONE HAND, IDENTIFY THE PRECISE PROVISION HELD TO BE ILLEGAL AND, ON THE OTHER, INDICATE THE SPECIFIC REASONS WHICH UNDERLIE THE FINDING OF ILLEGALITY CONTAINED IN THE OPERATIVE PART AND WHICH THE INSTITUTION CONCERNED MUST TAKE INTO ACCOUNT WHEN REPLACING THE ANNULLED MEASURE .
HOWEVER, ALTHOUGH A FINDING OF ILLEGALITY IN THE GROUNDS OF A JUDGMENT ANNULLING A MEASURE PRIMARILY REQUIRES THE INSTITUTION WHICH ADOPTED THE MEASURE TO ELIMINATE THAT ILLEGALITY IN THE MEASURE INTENDED TO REPLACE
THE ANNULLED MEASURE, IT MAY ALSO, IN SO FAR AS IT RELATES TO A PROVISION WITH SPECIFIC SCOPE IN A GIVEN AREA, GIVE RISE TO OTHER CONSEQUENCES FOR THAT INSTITUTION .
IN CASES SUCH AS THIS ONE, WHERE THE EFFECT OF THE ANNULLED REGULATION IS LIMITED TO A CLEARLY DEFINED PERIOD ( NAMELY THE 1983/84 MARKETING YEAR ), THE INSTITUTION WHICH ADOPTED THE MEASURE IS FIRST OF ALL UNDER AN OBLIGATION TO ENSURE THAT NEW LEGISLATION ADOPTED FOLLOWING THE JUDGMENT ANNULLING THE PREVIOUS MEASURE AND GOVERNING THE MARKETING YEARS SUBSEQUENT TO THAT JUDGMENT CONTAINS NO PROVISIONS HAVING THE SAME EFFECT AS THE PROVISIONS HELD TO BE ILLEGAL .
HOWEVER, BY VIRTUE OF THE RETROACTIVE EFFECT OF JUDGMENTS BY WHICH MEASURES ARE ANNULLED, THE FINDING OF ILLEGALITY TAKES EFFECT FROM THE DATE ON WHICH THE ANNULLED MEASURE ENTERED INTO FORCE . IT FOLLOWS THAT IN THE PRESENT CASE THE INSTITUTION CONCERNED IS ALSO UNDER AN OBLIGATION TO ELIMINATE FROM THE REGULATIONS ALREADY ADOPTED WHEN THE ANNULLING JUDGMENT WAS DELIVERED AND GOVERNING MARKETING YEARS AFTER 1983/84 ANY PROVISIONS WITH THE SAME EFFECT AS THE PROVISION HELD TO BE ILLEGAL .
CONSEQUENTLY, THE FINDING THAT THE COEFFICIENTS TO BE APPLIED TO THE AMOUNT OF AID FOR GREEK PRODUCERS WERE ILLEGALLY FIXED IS BINDING WITH RESPECT NOT ONLY TO THE 1983/84 MARKETING YEAR, COVERED BY THE ANNULLED REGULATION, BUT ALSO TO ALL SUBSEQUENT MARKETING YEARS . BY CONTRAST, THAT FINDING CANNOT APPLY TO THE MARKETING YEARS COVERED BY THE REGULATIONS ADOPTED BEFORE THE 1983/84 MARKETING YEAR .
BY REFUSING TO REPLACE, WITH EFFECT FROM THE DATE OF ADOPTION OF THE ANNULLED REGULATION, THE PROVISION CONTAINED IN THE REGULATIONS WHICH ENTERED INTO FORCE AFTER THAT DATE HAVING THE SAME EFFECT AS THE ONE DECLARED ILLEGAL IN THE JUDGMENT OF 19 SEPTEMBER 1985, THE COMMISSION HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 176, WHICH MAY BE ENFORCED UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 175 .
IT IS THEREFORE NECESSARY TO DECLARE VOID THE COMMISSION' S REFUSAL OF 19 JUNE 1986, IN RESPONSE TO THE HELLENIC REPUBLIC' S REQUEST MADE UNDER ARTICLE 175, TO COMPLY IN FULL WITH THE JUDGMENT OF 19 SEPTEMBER 1985 IN CASE 192/83 BY PROVIDING ADDITIONAL PAYMENT OF PRODUCTION AID FOR CERTAIN SIZES OF PACKAGINGS WITH TOMATO CONCENTRATES OBTAINED FROM GREEK TOMATOES DURING THE 1984/85, 1985/86 AND 1986/87 MARKETING YEARS .
Decision on costs
COSTS
PURSUANT TO ARTICLE 69 ( 2 )