RISE IN COMPARISON WITH THE PREVIOUS SITUATION, AND EVEN THE LOWEST OF THE PRICES MENTIONED ABOVE WERE LOWER THAN THE REFERENCE PRICE BY LESS THAN 2 U.A . HOWEVER, AS WAS ESTABLISHED ABOVE, THE COUNTERVAILING CHARGE MUST TAKE EFFECT EACH TIME, NOT DURING THE OBSERVATION PERIOD WHICH PRECEDES THE ADOPTION OF THE REGULATIONS RELATING TO THAT CHARGE BUT DURING THE PERIOD WHICH FOLLOWS IT . THE COMMISSION WAS THUS ENTITLED TO RETAIN THE DISPUTED CHARGE SINCE IT COULD REASONABLY SUPPOSE THAT THAT CHARGE WOULD BE APPROPRIATE FOR THE DAYS TO FOLLOW . IN THIS CONNEXION, IT MAY BE STATED THAT AFTER 24 OCTOBER 1965 ON THE REPRESENTATIVE MARKET AT MUNICH THE DIFFERENCE BETWEEN THE CORRECTED PRICES AND THE REFERENCE PRICE VARIED BETWEEN 2.2 AND 1.9 U.A . THE FORECASTS MADE BY THE COMMISSION WERE NOT THEREFORE CONTRADICTED BY LATER DEVELOPMENTS .
GENERALLY, THE TIME-LAG BETWEEN OBSERVATION PERIODS AND IMPLEMENTATION PERIODS, WHICH IS INHERENT IN ANY SYSTEM SUCH AS THE ONE IN QUESTION, HAS THE NECESSARY CONSEQUENCE THAT, AS INCREASED BY THE COUNTERVAILING CHARGE, THE ENTRY PRICES FOR EACH DAY AND EACH REPRESENTATIVE MARKET ARE SOMETIMES SLIGHTLY HIGHER AND SOMETIMES SLIGHTLY LOWER THAN THE REFERENCE PRICE . IT IS NOT THEREFORE PROVED THAT IN THE PRESENT CASE THE COMMISSION NEGLECTED ITS DUTY .
IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS UNDER I TO IV ABOVE THAT AN EXAMINATION OF THE QUESTION SUBMITTED TO THE COURT BY THE FINANZGERICHT, MUNICH, HAS NOT REVEALED ANY FACTS LIKELY TO CAST DOUBT ON THE VALIDITY OF REGULATION NO 144/65/EEC .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EEC, WHICH SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE FINANZGERICHT, MUNICH, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE FINANZGERICHT, MUNICH, BY ORDER OF THAT COURT OF 25 JANUARY 1967, HEREBY RULES :
AN EXAMINATION OF THE QUESTION REFERRED TO THE COURT BY THE FINANZGERICHT, MUNICH, HAS NOT REVEALED ANY FACT CAPABLE OF AFFECTING THE VALIDITY OF REGULATION NO 144/65/EEC OF THE COMMISSION OF 18 OCTOBER 1965 INTRODUCING A COUNTERVAILING CHARGE ON IMPORTS OF OUTDOOR TABLE GRAPES FROM BULGARIA AND ROMANIA;
AND DECLARES :
IT IS FOR THE FINANZGERICHT, MUNICH, TO DECIDE UPON THE COSTS OF THE PRESENT PROCEEDINGS .