OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC .
15 BY ORDER OF THE COURT OF 30 JANUARY 1985 , THE CASE WAS ASSIGNED TO THE FOURTH CHAMBER .
FIRST QUESTION
16 IN ITS FIRST QUESTION THE FINANZGERICHT SEEKS TO ASCERTAIN IN SUBSTANCE WHETHER REGULATION NO 3584/81 IS APPLICABLE TO THE CIRCUMSTANCES OF THE CASE . THE FINANZGERICHT POINTS OUT THAT THOSE CIRCUMSTANCES AROSE BEFORE THE ADOPTION OF THE REGULATION IN QUESTION .
17 ACCORDING TO FKF , THE ANSWER TO THIS QUESTION DEPENDS ON THE NATURE OF REGULATION NO 3584/81 . IF THAT REGULATION WERE DEEMED TO CONTAIN A PROCEDURAL RULE , IT WOULD HAVE TO BE APPLIED RETROACTIVELY . IF , HOWEVER , THE REGULATION WERE DEEMED TO CONTAIN A SUBSTANTIVE RULE , IT COULD BE APPLIED ONLY FOR THE FUTURE ( SEE THE JUDGMENT OF 12 NOVEMBER 1981 IN JOINED CASES 212 TO 217/80 AMMINISTRAZIONE DELLE FINANZE DELLO STATO V SALUMI ( 1981 ) ECR 2735 , AND THE JUDGMENT OF 14 JULY 1983 IN CASE 224/82 MEIKO-KONSERVENFABRIK V GERMANY ( 1983 ) ECR 2539 ).
18 IN THAT REGARD FKF EMPHASIZES THAT REGULATION NO 3584/81 SUPPLEMENTS ARTICLE 2 ( 4 ) OF REGULATION NO 1136/79 WHICH LAYS DOWN DETAILED RULES FOR THE APPLICATION OF THE SUSPENSION OF THE LEVY , PROVIDED FOR BY ARTICLE 14 OF REGULATION NO 805/68 . ACCORDINGLY , IN FKF ' S VIEW , REGULATION NO 3584/81 MUST BE DEEMED TO CONTAIN A PROCEDURAL RULE SINCE IT SERVES TO REGULATE THE MANNER IN WHICH A COMMUNITY MEASURE IS TO BE APPLIED BY THE NATIONAL ADMINISTRATIVE AUTHORITIES .
19 THE COMMISSION , FOR ITS PART , CONSIDERS THAT ARTICLE 2 ( 4 ) OF REGULATION NO 1136/79 , AS AMENDED BY REGULATION NO 3584/81 , CONTAINS ESSENTIALLY SUBSTANTIVE RULES , NAMELY A LIST OF OBLIGATIONS WHICH MUST BE FULFILLED IF THE MEAT IS TO QUALIFY FOR SUSPENSION OF THE LEVY ON IMPORTATION .
20 THE COMMISSION DOES NOT DENY THAT PARAGRAPHS 3 AND 4 OF ARTICLE 2 , IN SO FAR AS THEY RELATE TO THE FURNISHING OF PROOF THAT THE ABOVEMENTIONED OBLIGATIONS HAVE BEEN FULFILLED , ARE CONCERNED WITH THE PROCEDURE TO BE FOLLOWED UNDER THE SPECIAL IMPORT ARRANGEMENTS IN QUESTION . HOWEVER , IN THE COMMISSION ' S VIEW , THOSE PROCEDURAL RULES ARE CLOSELY CONNECTED WITH THE RELEVANT SUBSTANTIVE RULES WITH THE RESULT THAT IT IS IMPOSSIBLE TO APPLY THE AMENDMENT TO ARTICLE 2 ( 4 ) WHICH WAS MADE BY REGULATION NO 3584/81 TO SITUATIONS WHICH CAME INTO EXISTENCE BEFORE THE ENTRY INTO FORCE OF THAT REGULATION .
21 MOREOVER , THE COMMISSION POINTS OUT THAT , ACCORDING TO THE FIRST SUBPARAGRAPH OF ARTICLE 2 ( 3 ) OF REGULATION NO 1136/79 , PROOF THAT THE IMPORTED MEAT HAS BEEN PROCESSED INTO PRESERVES MUST BE FURNISHED WITHIN SEVEN MONTHS FOLLOWING THE MONTH OF IMPORTATION AND , ACCORDINGLY , REGULATION NO 3584/81 COULD NEVER BE APPLIED TO SITUATIONS IN RESPECT OF WHICH THE SEVEN-MONTH