OF ARTICLE 2 ( 1 ) ( A ) THAT " WHERE A REFUND MAY BE FIXED IN ADVANCE THE PROVISIONS OF THE FOREGOING SUBPARAGRAPH SHALL NOT APPLY UNLESS THIS OPPORTUNITY WAS MADE USE OF ", AND PROVIDES IN ARTICLE 3 THAT ARTICLES 1 AND 2 SHALL TAKE EFFECT FROM 11 AUGUST 1969 .
2 IN AN INTERLOCUTORY APPLICATION LODGED AT THE REGISTRY ON 26 NOVEMBER 1969 THE DEFENDANT HAS RAISED AN OBJECTION OF INADMISSIBILITY UNDER ARTICLE 91 OF THE RULES OF PROCEDURE, CLAIMING THAT THE MEASURES IN QUESTION WERE REGULATIONS AND WERE NOT OF INDIVIDUAL CONCERN TO THE APPLICANT .
3 IT IS THEREFORE FOR THE COURT TO EXAMINE IN THE LIGHT OF ARTICLE 173 OF THE TREATY WHETHER THE PROVISIONS WHICH FORMED THE SUBJECT-MATTER OF THE APPLICATION ARE MERELY IN THE FORM OF A REGULATION AND DO, IN REALITY, CONSTITUTE DECISIONS OF INDIVIDUAL CONCERN TO THE APPLICANT .
4 THE REGULATION IN QUESTION WAS ADOPTED PURSUANT TO ARTICLE 8 OF REGULATION ( EEC ) NO 1586/69 OF THE COUNCIL OF 11 AUGUST 1969 RELATING TO CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN THE AGRICULTURAL SECTOR AS A RESULT OF THE DEVALUATION OF THE FRENCH FRANC ( OJ L 202 P . 1 ) AND FORMS PART OF A BODY OF PROVISIONS DESIGNED TO ADJUST THE FUNCTIONING OF THE INTERVENTION MECHANISMS OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS TO THE DEVALUATION OF THE FRENCH FRANC ON 8 AUGUST 1969 .
5 THE MAIN PURPOSE OF THESE MEASURES IS THAT CERTAIN CORRECTING FACTORS, CORRESPONDING TO THE DEVALUATION OF THE FRENCH FRANC AS AGAINST THE UNIT OF ACCOUNT, SHOULD BE APPLIED TO CERTAIN AMOUNTS PAYABLE OR TO BE CHARGED BY FRANCE AS A RESULT OF THE COMMON AGRICULTURAL POLICY, AND THEY LAY DOWN THE AMOUNTS OF THESE IN FRENCH FRANCS FOR VARIOUS PRODUCTS .
6 THE CONTESTED PROVISIONS ARE TRANSITIONAL MEASURES DESIGNED TO GOVERN THE EFFECTS OF THE ALTERATIONS OF THE AMOUNTS, EXPRESSED IN FRENCH FRANCS, WITH REGARD TO SITUATIONS WHICH AROSE UNDER THE PREVIOUS PROVISIONS RELATING TO THE COMMON AGRICULTURAL POLICY .
7 THEY PROVIDE IN PARTICULAR THAT TRANSACTIONS RELATING TO EXPORTS WHICH ARE THE SUBJECT-MATTER OF CONTRACTS OF SALE CONCLUDED IN FRENCH FRANCS BEFORE 11 AUGUST 1969 SHALL NOT BE WHOLLY SUBJECT TO THE OBLIGATION TO PAY A COMPENSATORY AMOUNT PROVIDED, HOWEVER, THAT IN CASES WHERE A REFUND MAY BE FIXED IN ADVANCE THAT OPPORTUNITY WAS MADE USE OF .
8 IT IS ALSO PROVIDED THAT THE PROVISIONS IN QUESTION ARE TO TAKE EFFECT AS FROM 11 AUGUST 1969 .
9 THE APPLICANT DENIES THAT THE CONTESTED PROVISIONS ARE GENERAL IN CHARACTER AND HAVE THE NATURE OF REGULATIONS, CLAIMING THAT THE RESTRICTION IMPOSED ON THE SCHEME PROVIDED FOR EXPORTS WHICH ARE THE SUBJECT-MATTER OF CONTRACTS OF SALE CONCLUDED BEFORE 11 AUGUST IN FRENCH FRANCS, AND THE CHOICE OF 11 AUGUST AS THE DATE ON WHICH THE SCHEME SHOULD COME INTO EFFECT, ARE OF DIRECT AND INDIVIDUAL CONCERN TO HIM .
10 THE GROUP OF UNDERTAKINGS TO WHICH