VIEW , THAT THE APPLICANT COULD HAVE BROUGHT ITS ACTION AS FROM 20 MARCH 1975 SINCE THE PUBLICATION OF THE UNLAWFUL REGULATION WHICH WAS AT THE ORIGIN OF THE DAMAGE SUSTAINED BY THE APPLICANT MAY BE CONSIDERED AS THE EVENT GIVING RISE TO THE COMMUNITY ' S LIABILITY AND SHOULD THEREFORE CONSTITUTE THE COMMENCEMENT OF THE FIVE-YEAR PERIOD OF LIMITATION LAID DOWN BY ARTICLE 43 OF THE STATUTE OF THE COURT .
7 ACCORDING TO THE DEFENDANTS THE APPLICATION SENT TO THE COMMISSION COULD NOT INTERRUPT THE FIVE-YEAR PERIOD OF LIMITATION BECAUSE IT WAS SUBMITTED AFTER THE EXPIRY OF THAT PERIOD , WHILST THOSE SENT TO THE ITALIAN NATIONAL AUTHORITIES ON 23 NOVEMBER 1978 AND 19 DECEMBER 1979 DID NOT INTERRUPT THE PERIOD BECAUSE THEY WERE MADE TO AUTHORITIES WHICH WERE NOT ' ' RELEVANT ' ' WITHIN THE MEANING OF ARTICLE 43 OF THE STATUTE OF THE COURT AND WERE NOT FOLLOWED BY PROCEEDINGS INSTITUTED BY THE APPLICANT IN CONFORMITY WITH THE CONDITIONS LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 175 OF THE EEC TREATY .
8 THE APPLICANT ' S ARGUMENT IS ESSENTIALLY TO THE EFFECT THAT THE COMMENCEMENT OF THE FIVE-YEAR PERIOD OF LIMITATION IN RELATION TO MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY CAN ONLY BE THE MOMENT WHEN , IN A CASE SUCH AS THE PRESENT ONE , THE DAMAGE HAS IN FACT BECOME APPARENT , THAT IS TO SAY , THE DATE ON WHICH THE REFUNDS BECAME PAYABLE AS THE RESULT OF TRANSACTIONS CREATING AN ENTITLEMENT TO THEM .
9 AS IS APPARENT FROM ARTICLE 215 OF THE EEC TREATY AND ARTICLE 43 OF THE STATUTE OF THE COURT , THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE EXISTENCE OF AN UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS , ACTUAL DAMAGE AND A CAUSAL RELATIONSHIP BETWEEN THEM .
10 THE PERIOD OF LIMITATION WHICH APPLIES TO PROCEEDINGS IN MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY THEREFORE CANNOT BEGIN BEFORE ALL THE REQUIREMENTS GOVERNING THE OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE ARE SATISFIED AND IN PARTICULAR BEFORE THE DAMAGE TO BE MADE GOOD HAS MATERIALIZED . ACCORDINGLY , SINCE THE SITUATIONS CONCERNED ARE THOSE IN WHICH THE LIABILITY OF THE COMMUNITY HAS ITS ORIGIN IN A LEGISLATIVE MEASURE , THE PERIOD OF LIMITATION CANNOT BEGIN BEFORE THE INJURIOUS EFFECTS OF THAT MEASURE HAVE BEEN PRODUCED , AND CONSEQUENTLY , IN THE CIRCUMSTANCES OF THIS CASE , BEFORE THE TIME AT WHICH THE APPLICANT , AFTER COMPLETING THE TRANSACTIONS ENTITLING IT TO THE REFUNDS , WAS BOUND TO INCUR DAMAGE WHICH WAS CERTAIN IN CHARACTER .
11 ACCORDINGLY , IT MAY NOT BE CLAIMED , AS AGAINST THE APPLICANT , THAT THE PERIOD OF LIMITATION BEGAN BEFORE THE DATE ON WHICH THE INJURIOUS EFFECTS OF THE UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY WERE PRODUCED .
12 IT