COMPENSATORY AMOUNTS AS PART OF THE AFORESAID REFUND OR INTERVENTION MEASURES . NEVERTHELESS, ACCORDING TO ESTABLISHED CASE-LAW THE PROVISIONS OF COMMUNITY LAW ON ENTITLEMENT TO BENEFITS FINANCED BY COMMUNITY FUNDS MUST BE INTERPRETED STRICTLY ( SEE JOINED CASES 146, 192 AND 193/81 BAYWA V BALM (( 1982 )) ECR 1503 ). IN THOSE CIRCUMSTANCES IT IS NOT POSSIBLE TO EXTEND, BY WAY OF ANALOGY, THE PROVISIONS OF REGULATIONS NOS . 729/70 AND 2746/72 TO COVER LOSSES SUFFERED AT THE MARKETING AND PROCESSING STAGES FOLLOWING A FALL IN PRICES DUE TO THE REVALUATION OF THE REPRESENTATIVE RATE OF THE GERMAN MARK .
20 THE GERMAN GOVERNMENT HAS THUS FAILED TO SHOW THAT THE COMMISSION WAS BOUND UNDER ARTICLE 7 OF REGULATION NO 855/84 TO ADOPT MEASURES FOR THE BENEFIT OF TRADERS AND PROCESSORS TO INTRODUCE A SYSTEM OF COMPENSATION FOR THE FALL IN PRICES IN THE FEDERAL REPUBLIC OF GERMANY DUE TO THE REVALUATION PROVIDED FOR BY REGULATION NO 855/84; STILL LESS HAS IT SHOWN THAT ARTICLE 7 EXCLUDED ANY OTHER TRANSITIONAL MEASURE .
21 THE GERMAN GOVERNMENT' S SECOND SUBMISSION MUST THEREFORE BE DISMISSED .
THE ALLEGED AMENDMENT OF REGULATION NO 855/84 BY REGULATION NO 2677/84
22 THE GERMAN GOVERNMENT SUBMITS THAT COMMISSION REGULATION NO 2677/84
UNLAWFULLY AMENDED COUNCIL REGULATION NO 855/84 . COUNCIL REGULATION NO 855/84 PROVIDED THAT THE AMENDED REPRESENTATIVE RATES FOR CEREALS, SUGAR AND POTATO STARCH WERE NOT TO ENTER INTO FORCE IN THE FEDERAL REPUBLIC OF GERMANY UNTIL 1 JANUARY 1985 . BUT ARTICLES 1, 2 AND 3 OF REGULATION NO 2677/84 TO SOME EXTENT BROUGHT FORWARD BY THREE MONTHS THE APPLICATION OF THE AMENDMENT OF THE REPRESENTATIVE RATES ALTHOUGH THE COMMISSION MAY NOT AMEND THE PROVISIONS OF A COUNCIL REGULATION BY ADOPTING IMPLEMENTATION MEASURES UNLESS EXPRESSLY AUTHORIZED BY THE COUNCIL, AND ARTICLE 7 OF REGULATION NO 855/84 CONTAINS NO SUCH AUTHORIZATION .
23 THAT ARGUMENT CANNOT BE ACCEPTED . ALTHOUGH AS A GENERAL RULE A CLAUSE AUTHORIZING THE COMMISSION TO ADOPT TRANSITIONAL MEASURES IS TO BE INTERPRETED AS MEANING THAT THE TRANSITIONAL MEASURES MUST RELATE TO THE PERIOD AFTER THE MAIN PROVISIONS OF THE RULES IN ISSUE TAKE EFFECT, THE POSSIBILITY CANNOT BE EXCLUDED THAT THE TRANSITIONAL RULES MAY APPLY TO THE PERIOD BETWEEN THE PUBLICATION OF THE RULES AND THEIR TAKING EFFECT, PROVIDED, HOWEVER, THAT THEY RETAIN THEIR TRANSITIONAL NATURE AND ARE NECESSARY TO ACHIEVE THE OBJECTIVES OF THE POWER IN ISSUE .
24 ARTICLE 7 OF REGULATION NO 855/84 EXPRESSLY AUTHORIZED THE COMMISSION TO ADOPT THE TRANSITIONAL MEASURES NEEDED TO AVOID DISTURBANCES ON THE MARKETS IN QUESTION FOLLOWING THE REVALUATION OF THE REPRESENTATIVE RATE OF THE GERMAN MARK . THERE IS NO DOUBT THAT THE PROVISIONS OF REGULATION NO 2677/84 WERE INTENDED TO AVOID DURING THE TRANSITIONAL PERIOD DISTURBANCES AND SPECULATIVE SALES WITH REGARD TO THE PRODUCTS COVERED BY REGULATION NO 855/84 . IN ORDER TO AVOID SUCH DISTURBANCES IT MAY BE ESSENTIAL TO INTERVENE AT A PRELIMINARY STAGE AS HAS BEEN SHOWN IN THE PRESENT CASE BY THE LARGE QUANTITY OF PRODUCTS