OCTOBER AND 6 NOVEMBER 1973, THE HOF VAN BEROEP OF BRUSSELS REFERRED UNDER ARTICLE 177 OF THE TREATY TWO IDENTICAL QUESTIONS TO THE COURT, CONCERNING THE INTERPRETATION OF THE PROVISIONS OF REGULATION NO 25 OF THE COUNCIL OF 4 APRIL 1962 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( OJ NO 30/62, P . 991 ) AND THE PROVISIONS OF REGULATION NO EEC 729/70 OF THE COUNCIL OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( OJ L 94/13 ) AND THE COUNCIL DECISION OF THE SAME DATE, ON THE REPLACEMENT OF THE FINANCIAL CONTRIBUTIONS OF MEMBER STATES BY THE COMMUNITIES' OWN RESOURCES ( OJ L 94/19 );
2 IT IS CLEAR FROM THE COURT RECORD THAT THE QUESTIONS ARE SUBMITTED IN THE CONTEXT OF CRIMINAL PROCEEDINGS BASED ON FRAUD IN CONNECTION WITH THE EXPORTATION AND IMPORTATION OF PRODUCTS FALLING WITHIN THE COMMON ORGANIZATIONS OF THE MARKET, IN WHICH THE BELGIAN STATE AND THE GRAND DUCHY OF LUXEMBOURG APPLIED TO BE JOINED AS 'PARTIES CIVILES' FOR THE PURPOSE OF ASKING THE COURT TO ORDER THE PARTIES INVOLVED AND THE BODIES RESPONSIBLE IN CIVIL LAW, TO REIMBURSE THE EXPORT REFUNDS ILLEGALY OBTAINED AND TO PAY THE IMPORT LEVIES AVOIDED;
3 SOME OF THE ACCUSED HAVING ALLEGED THAT BY REASON OF THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY AND IN PARTICULAR THE ADOPTION OF RULES FOR ITS FINANCING, IT IS NO LONGER THE MEMBER STATES BUT THE EUROPEAN ECONOMIC COMMUNITY WHICH IS INVOLVED IN THE COLLECTION OF THE LEVIES AND THE GRANT OF REFUNDS, THE NATIONAL COURT CONSIDERED A DECISION ON THIS POINT TO BE NECESSARY TO ENABLE IT TO GIVE JUDGMENT .
4 THE THREE SERIES OF QUESTIONS BEING IDENTICAL IT IS APPROPRIATE TO REPLY THERETO BY A SINGLE JUDGMENT;
5 SINCE THE PURPOSE OF THESE QUESTIONS IS TO CLARIFY THE POSSIBLE PROCEDURAL CONSEQUENCES OF THE ATTRIBUTION TO THE COMMUNITY OF ITS OWN RESOURCES - THE FIRST ONE RELATING TO THE POSITION OF COMMUNITY LAW DURING THE TRANSITIONAL PERIOD, THE SECOND TO THAT IN FORCE DURING THE SINGLE MARKET STAGE - IT IS RIGHT TO EXAMINE FIRST THIS LATTER QUESTION;
6 THIS QUESTION ASKS WHETHER REGULATION NO 729/70 AND THE COUNCIL DECISION OF THE SAME DATE, AS WELL AS THE PROVISIONS FOR CARRYING THESE INTO EFFECT, MUST BE UNDERSTOOD AS MEANING THAT AS FROM THEIR COMING INTO FORCE ALL SOVEREIGN POWERS BEARING UPON OWN REVENUE AND EXPENDITURE RELATING TO THE COMMON AGRICULTURAL POLICY WERE TRANSFERRED TO THE MEMBER STATES OF THE COMMUNITY, SO THAT ( 1 ) THE COMMUNITY ALONE IS HENCEFORTH ABLE TO TAKE LEGAL PROCEEDINGS IN RELATION TO THIS REVENUE AND EXPENDITURE AND ( 2 ) ANY POWER OF MEMBER STATES TO ASSIST THE COMMUNITY IN COLLECTION OR PAYMENT MUST HENCEFORTH BE CONSIDERED AS NO LONGER A POWER BELONGING TO THE MEMBER STATE ( POSSIBLY SHARED WITH THE COMMUNITY ) BUT AS AN AUTHORITY EXERCISED ON BEHALF OF THE COMMUNITY;
7 IN THE EVENT OF AN AFFIRMATIVE ANSWER BEING GIVEN TO THIS QUESTION, IT