REGULATION ( EEC ) NO 805/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( OFFICIAL JOURNAL L 148 OF 28 JUNE 1968 , P . 24 ).
UNDER THE TERMS OF THAT REGULATION THE ISSUE OF IMPORT LICENCES WAS SUBJECT TO THE PRIOR EXPORTATION OF AN EQUIVALENT QUANTITY OF BEEF AND VEAL ( THE SO- CALLED EXIM SYSTEM ), EXCEPT IN THE CASE OF PREPARATIONS OR PRESERVES OF MEAT PROVIDED THAT THEY WERE PUT UP IN HERMETICALLY SEALED CONTAINERS WEIGHING NOT MORE THAN 5 KG .
THE CONTRACT OF 14 MAY 1975 CONCERNED SEASONED MEAT OF A KIND WHICH WAS COVERED BY THAT EXCEPTION .
3AS A RESULT OF FLOODS IN ROMANIA IN JUNE 1975 , THE DELIVERY OF CERTAIN CONSIGNMENTS OF MEAT WHICH SHOULD HAVE TAKEN PLACE BEFORE 1 SEPTEMBER 1975 WAS DELAYED UNTIL AFTER THAT DATE .
THAT WAS THE DATE OF THE ENTRY INTO FORCE OF REGULATION ( EEC ) NO 2033/75 OF THE COMMISSION OF 5 AUGUST 1975 ( OFFICIAL JOURNAL L 207 OF 6 AUGUST 1975 , P . 8 ), THE EFFECT OF WHICH WAS THAT SEASONED MEAT WAS NO LONGER EXEMPT FROM THE SYSTEM PROVIDED FOR UNDER REGULATION NO 1090/75 .
THE SUBJECT MATTER OF THE PRESENT ACTION IS THE DAMAGE WHICH THE APPLICANT CLAIMS TO HAVE SUFFERED AS THE RESULT OF THE APPLICATION OF REGULATION NO 2033/75 TO THE DELIVERIES IN QUESTION .
4WHILE THE COMMISSION RAISES NO OBJECTION AS TO THE ADMISSIBILITY OF THE ALTERNATIVE APPLICATION FOR FINANCIAL COMPENSATION , IT HAS RAISED AN OBJECTION OF INADMISSIBILITY REGARDING THE MAIN APPLICATION , ARGUING IN EFFECT THAT AN APPLICATION OF THIS KIND CANNOT BE ENTERTAINED IN THE FORM OF AN ACTION FOR DAMAGES BASED ON ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY .
THE MAIN AND ALTERNATIVE CLAIMS HAVE , HOWEVER , A COMMON BASIS IN THAT THEY ASSUME THAT THE COMMUNITY IS LIABLE BECAUSE OF AN UNLAWFUL ACT OR ATTITUDE ON THE PART OF THE COMMISSION .
CONSIDERATION MUST THEREFORE BE GIVEN TO THIS QUESTION OF SUBSTANCE BEFORE ANY RULING IS GIVEN ON THE ADMISSIBILITY OF THE MAIN APPLICATION .
5AMONG THE SUBMISSIONS RELIED UPON BY THE APPLICANT TO ESTABLISH THE LIABILITY OF THE COMMUNITY , CONSIDERATION MUST FIRST BE GIVEN TO THAT RELATING TO THE ALLEGED ILLEGALITY OF THE SERIES OF REGULATIONS IN QUESTION , IN PARTICULAR OF REGULATION NO 2033/75 .
IN THIS CONNEXION THE APPLICANT CLAIMS THAT , IN ADOPTING THAT REGULATION , THE COMMISSION IGNORED THE CONDITIONS ARISING FROM ARTICLES 21 AND 31 OF THE BASIC REGULATION , NO 805/68 , RESPECTING THE EXISTENCE OR THE THREAT OF SERIOUS DISTURBANCES ON THE MARKET AND THE PURSUIT OF THE OBJECTIVES SET OUT IN ARTICLES 39 AND 110 OF THE TREATY .
6HOWEVER , AS THE THIRD AND FOURTH RECITALS OF THE PREAMBLE TO REGULATION NO 2033/75 MAKE CLEAR , THE COMMISSION FOUND THAT ' THE COMMUNITY MARKET IN BEEF AND VEAL CONTINUES