54 895 472 KG OF MANIOC , ENCLOSING WITH ITS REQUEST A NUMBER OF EXPORT CERTIFICATES WHICH HAD BEEN ISSUED ON 18 AUGUST AND 7 SEPTEMBER 1982 .
8 IN VIEW OF THE LENGTH OF TIME WHICH HAD ELAPSED BETWEEN THE ISSUE OF THE THAI EXPORT CERTIFICATES AND KROHN ' S SUBMISSION OF ITS REQUEST FOR IMPORT LICENCES , THE COMMISSION DECIDED TO ASCERTAIN WHETHER THE CONDITIONS LAID DOWN IN THE EEC-THAILAND COOPERATION AGREEMENT WERE FULFILLED . IN ORDER TO DO SO IT REQUESTED THE BUNDESANSTALT BY A TELEX MESSAGE DATED 23 NOVEMBER 1982 TO GIVE IT DETAILS OF THE DATE ON WHICH THE MANIOC WAS SHIPPED IN THAILAND , THE NAME OF THE SHIP ON WHICH THE MANIOC WAS TRANSPORTED , AND THE DATE AND PLACE AT WHICH CUSTOMS FORMALITIES WERE EXPECTED TO BE COMPLETED .
9 BY TELEX MESSAGES DATED 23 NOVEMBER AND 7 DECEMBER 1982 , THE BUNDESANSTALT INFORMED KROHN OF THE REQUIREMENTS IMPOSED BY THE COMMISSION AND REQUESTED IT TO PROVIDE THE NECESSARY INFORMATION .
10 MORE SPECIFICALLY , IN CONNECTION WITH A REQUEST FOR AN IMPORT LICENCE RELATING TO ONLY 500 TONNES , THE COMMISSION INFORMED THE BUNDESANSTALT BY TELEX ON 21 DECEMBER 1982 THAT THE INFORMATION SUPPLIED BY KROHN COULD NOT BE ACCEPTED AS ADEQUATE AND THAT THE REQUESTED IMPORT LICENCE SHOULD THEREFORE NOT BE ISSUED .
11 AFTER CONSIDERING THAT TELEX MESSAGE AND ALL THE INFORMATION SUPPLIED TO IT BY KROHN WITH REGARD TO THE OTHER QUANTITIES AT ISSUE , THE BUNDESANSTALT INFORMED KROHN BY A DECISION DATED 23 DECEMBER 1982 OF ITS REFUSAL TO ISSUE IT WITH ANY OF THE IMPORT LICENCES REQUESTED .
12 ON 25 MAY 1983 , FOLLOWING AN EXCHANGE OF CORRESPONDANCE WITH THE BUNDESANSTALT , KROHN BROUGHT AN ACTION BEFORE THE VERWALTUNGSGERICHT ( ADMINISTRATIVE COURT ) FRANKFURT AM MAIN FOR THE ANNULMENT OF THE DECISION OF 23 DECEMBER 1982 AND FOR AN ORDER REQUIRING THE BUNDESANSTALT TO ISSUE IT WITH THE REQUESTED IMPORT LICENCES AT THE REDUCED RATE OF IMPORT LEVY OF 6% AD VALOREM .
13 IN ADDITION , BY A LETTER DATED 6 JUNE 1983 , KROHN SUBMITTED TO THE COMMISSION A REQUEST FOR COMPENSATION , RELYING ON THE ILLEGALITY OF THE COMMISSION ' S REFUSAL TO ALLOW THE ISSUE OF THE IMPORT LICENCES AND THE SCALE OF THE LOSSES WHICH IT INCURRED AS A RESULT . THE COMMISSION REJECTED THAT REQUEST ON 28 JULY 1983 .
14 IN SUPPORT OF ITS APPLICATION IN THESE PROCEEDINGS , KROHN STATES THAT IT SUFFERED CONSIDERABLE LOSSES AS A RESULT OF THE FAILURE TO ISSUE THE IMPORT LICENCES . IT ARGUES THAT IT SATISFIED ALL THE CONDITIONS IMPOSED BY THE RELEVANT RULES IN ORDER TO BE ELIGIBLE FOR THE REQUESTED IMPORT LICENCES AND THAT THE ADDITIONAL REQUIREMENTS IMPOSED BY THE COMMISSION WERE UNLAWFUL . IT THEREFORE CLAIMS THAT THE COMMISSION SHOULD BE ORDERED TO COMPENSATE IT FOR THE DAMAGE WHICH IT HAS INCURRED .
15 IN RESPONSE TO DOUBTS WHICH THE COMMISSION HAS EXPRESSED AS TO THE ADMISSIBILITY OF