SOLE CONDITION THAT THE APPLICATION OF THE NEW REPRESENTATIVE RATE IS DISADVANTAGEOUS TO THE PARTY CONCERNED; THAT DISADVANTAGE MAY ARISE, IN A CASE SUCH AS THIS, FROM THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE IN ACCORDANCE WITH REGULATION NO 1245/83 . THE SCHEME OF THAT PROVISION LEADS TO THE VIEW THAT THE COUNCIL THEREBY LAID DOWN IN A LIMITATIVE MANNER THE SUBSTANTIVE LEGAL CONDITIONS FOR THE EXERCISE OF THE RIGHT TO OBTAIN CANCELLATION UNDER THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF REGULATION NO 1134/68 IN CONNECTION WITH THE ALTERATION OF THE REPRESENTATIVE RATES WITH WHICH THIS CASE IS CONCERNED .
37 IN VIEW OF THE EXHAUSTIVE SET OF RULES LAID DOWN BY THE COUNCIL, THE COMMISSION MAY NOT RELY ON ARTICLE 6 OF REGULATION NO 1223/83, WHICH EMPOWERS IT TO ADOPT DETAILED IMPLEMENTING RULES, IN ORDER TO IMPOSE THE ADDITIONAL CONDITION ON THE RIGHT TO OBTAIN CANCELLATION THAT THE MONETARY CHANGE IN QUESTION AND THE RESULTING ADJUSTMENT OF THE MONETARY COMPENSATORY AMOUNTS WERE NOT FORESEEABLE FOR THE TRADER CONCERNED . IT FOLLOWS THAT THE COMMISSION WAS NOT ENTITLED TO LIMIT THE RIGHT TO OBTAIN CANCELLATION, GRANTED UNDER SUPERIOR COUNCIL LEGISLATION, TO ADVANCE FIXINGS AND TO CERTIFICATES OR DOCUMENTS ATTESTING THEM ISSUED BEFORE A SPECIFIC DATE PRIOR TO THE DATE ON WHICH THE NEW REPRESENTATIVE RATES TOOK EFFECT, AS IT DID IN REGULATION NO 1244/83 .
38 AS REGULATION NO 1244/83 IS THEREFORE UNLAWFUL FOR THE REASONS WHICH HAVE JUST BEEN SET OUT, THERE IS NO NEED TO EXAMINE WHETHER THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS WAS OBSERVED IN ITS ADOPTION OR WHETHER IT COMPLIES WITH THE REQUIREMENT TO STATE THE REASONS UPON WHICH IT IS BASED PURSUANT TO ARTICLE 190 OF THE EEC TREATY .
39 THE REPLY TO THE THIRD AND FOURTH QUESTIONS MUST THEREFORE BE THAT THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF COUNCIL REGULATION NO 1134/68 OF 30 JULY 1968 AND ARTICLE 4 ( 2 ) OF COUNCIL REGULATION NO 1223/83 OF 20 MAY 1983 MUST TOGETHER BE INTERPRETED AS MEANING THAT CANCELLATION OF ADVANCE FIXINGS MAY BE OBTAINED IN ALL CASES WHERE THE CONDITIONS LAID DOWN IN THOSE PROVISIONS ARE SATISFIED . COMMISSION REGULATION NO 1244/83 OF 20 MAY 1983 IS THEREFORE INVALID IN SO FAR AS IT LIMITS ENTITLEMENT TO CANCELLATION TO ADVANCE FIXINGS EFFECTED BEFORE 17 MAY 1983 .
Decision on costs
COSTS
40 THE COSTS INCURRED BY THE ITALIAN GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, A STEP IN THE PROCEEDINGS BROUGHT BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( FIFTH CHAMBER )
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRETORE, LUCCA, BY AN ORDER OF 29 OCTOBER 1985, HEREBY RULES :
( 1 ) THE COMMISSION