AND THE FREE-AT-FRONTIER OFFER PRICE SHOULD BE LEVIED .
3 . IT FOLLOWS FROM ARTICLE 17 ( 3 ) OF REGULATION NO 1380/75 , AS AMENDED BY ARTICLE 1 OF REGULATION NO 1577/76 , THAT , WHERE WINES ARE IMPORTED FROM A NON-MEMBER COUNTRY INTO A MEMBER STATE WHOSE CURRENCY HAS DEPRECIATED , THE FREE-AT-FRONTIER OFFER PRICE MUST AT LEAST BE EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE INCREASED BY THE MONETARY COMPENSATORY AMOUNTS RELATING TO THAT IMPORTATION IN RESPECT OF A TRANSACTION WHICH THE TRADERS WISH TO EFFECT AT THE MINIMUM PRICE .
IF THE FREE-AT-FRONTIER OFFER PRICE IS EQUAL TO OR HIGHER THAN THE FREE-AT-FRONTIER REFERENCE PRICE PLUS THE MONETARY COMPENSATORY AMOUNTS AND IF THAT PRICE IS IMMEDIATELY PAID BY THE IMPORTER , THE CONTRACTUAL PROVISIONS CONCERNING THE PAYMENT OVER OF THE MONETARY COMPENSATORY AMOUNTS BY THE IMPORTER TO THE EXPORTER DO NOT FALL WITHIN THE FIELD OF COMMUNITY LAW BUT WITHIN THE AMBIT OF THE CONTRACTUAL RELATIONS GOVERNED BY NATIONAL LAW .
CONVERSELY , IF AT THE TIME OF IMPORTATION THE IMPORTER HAS PAID ONLY A SUM EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE WHEREAS THE TRANSACTION MUST BE CARRIED OUT ON TERMS UNDER WHICH THE FREE-AT-FRONTIER OFFER PRICE IS EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE PLUS THE MONETARY COMPENSATORY AMOUNTS , THE PAYMENT OVER BY THE IMPORTER TO THE EXPORTER OF A SUM REPRESENTING THE MONETARY COMPENSATORY AMOUNTS WHEN THE LATTER ARE KNOWN EXACTLY IS A NECESSARY CONDITION FOR COMPLIANCE WITH THE PROVISIONS OF COMMUNITY LAW CITED ABOVE . IN THAT CASE , PROVIDED THAT THE MONETARY COMPENSATORY AMOUNT RELATING THERETO AND APPLICABLE ON THE DAY ON WHICH THE CUSTOMS FORMALITIES FOR RELEASE INTO FREE CIRCULATION ARE COMPLETED CAN BE KNOWN ONLY AFTER THE PERFORMANCE OF THE TRANSACTION , A CONTRACTUAL PROVISION FOR THE TRANSFER OF THE SUM REPRESENTING THAT MONETARY COMPENSATORY AMOUNT CANNOT BE REGARDED AS CONTRARY TO COMMUNITY LAW THE OBSERVANCE OF WHICH IT IS , ON THE CONTRARY , DESIGNED TO ENSURE .
Parties
IN CASE 170/82
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL DE COMMERCE ( COMMERCIAL COURT ), BOURG-EN-BRESSE , FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
OFFICE NATIONAL DE COMMERCIALISATION DES PRODUITS VITI-VINICOLES ( NATIONAL OFFICE FOR THE MARKETING OF WINE PRODUCTS ), WHOSE REGISTERED OFFICE IS IN ALGIERS ,
PLAINTIFF ,
AND
SOCIETE A RESPONSABILITE LIMITEE LES FILS D ' HENRI RAMEL , WHOSE REGISTERED OFFICE IS AT CHARNOZ-MEXIMIEUX ,
DEFENDANT ,
Subject of the case
ON THE ONE HAND , ON THE INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW RELATING TO THE DETERMINATION OF THE FREE-AT-FRONTIER REFERENCE AND OFFER PRICES UPON THE IMPORTATION INTO A MEMBER STATE OF WINES FROM A NON-MEMBER COUNTRY AND ON THE EFFECT OF THE MONETARY COMPENSATORY AMOUNTS ON THOSE PRICE MECHANISMS AND , ON THE OTHER HAND , ON THE COMPATIBILITY WITH COMMUNITY LAW OF AN AGREEMENT BY WHICH THE DEFENDANT UNDERTOOK TO PAY OVER THE MONETARY COMPENSATORY AMOUNTS RECEIVED BY IT TO