S INTENTION TO ALTER THE REPRESENTATIVE RATES WAS MADE PUBLIC, THAT IS TO SAY IN THIS CASE 17 MAY 1983, AS THE DATE TO BE TAKEN INTO CONSIDERATION FOR THE ADJUSTMENT OF AMOUNTS FIXED IN ADVANCE .
25 CONTRARY TO THE SUBMISSIONS OF THE PLAINTIFF IN THE MAIN PROCEEDINGS AND THE ITALIAN GOVERNMENT, SUCH A COURSE OF ACTION DOES NOT DISREGARD THE REQUIREMENTS OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS . THAT PRINCIPLE DOES NOT PRECLUDE THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE IN A SITUATION SUCH AS THAT IN ISSUE WHERE THE TRADERS CONCERNED MUST REASONABLY EXPECT, AT THE MOMENT WHEN THEY LODGE THEIR APPLICATION FOR ADVANCE FIXING, AN IMMINENT ALTERATION OF THE REPRESENTATIVE RATES AND THE CONSEQUENT ADJUSTMENT OF THE MONETARY COMPENSATORY AMOUNTS AND WHERE THEY HAVE EVERY POSSIBILITY OF ACQUAINTING THEMSELVES WITH THE OUTCOME OF THE DISCUSSIONS WITHIN THE COUNCIL . IN SUCH CIRCUMSTANCES THOSE TRADERS MAY NO LONGER LEGITIMATELY EXPECT THE RATES IN FORCE AT THE TIME OF ADVANCE FIXING TO BE RETAINED .
26 FOR THE SAME REASON THE SOLUTION ADOPTED IS CONSISTENT WITH THE PRINCIPLE OF LEGAL CERTAINTY . THE RETROACTIVE EFFECT OF THE FACT THAT ADJUSTMENT RELATES TO ALL APPLICATIONS FOR ADVANCE FIXING LODGED AFTER A DATE PRIOR TO THE COUNCIL' S DEFINITIVE DECISION ON NEW RATES IS NOT CONTRARY TO THAT PRINCIPLE SINCE TRADERS MUST REASONABLY EXPECT SUCH A CHANGE IN THEIR POSITION, AS HAS BEEN EXPLAINED ABOVE .
27 CONSEQUENTLY, THE REPLY TO THE FIRST AND SECOND QUESTIONS MUST BE THAT THE COMMISSION ACTED LAWFULLY IN PRESCRIBING, IN REGULATION NO 1245/83 OF 20 MAY 1983, THAT THE ADJUSTMENTS TO BE MADE TO MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE IN THE EVENT OF A CHANGE IN THE REPRESENTATIVE RATES, AS PROVIDED FOR IN ARTICLE 7 ( 1 ) OF COMMISSION REGULATION NO 1160/82 OF 14 MAY 1982, MUST BE MADE IN RESPECT OF ALL ADVANCE FIXINGS FOR WHICH THE APPLICATION WAS LODGED AFTER 16 MAY 1983 IF THE TRANSACTION CONCERNED WAS CARRIED OUT AFTER 22 MAY 1983 .
THE THIRD AND FOURTH QUESTIONS
28 IN THE THIRD AND FOURTH QUESTIONS, WHICH SHOULD BE EXAMINED TOGETHER, THE PRETORE SEEKS TO ASCERTAIN IN SUBSTANCE WHETHER THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF COUNCIL REGULATION NO 1134/68 OF 30 JULY 1968 AND ARTICLE 4 ( 2 ) OF COUNCIL REGULATION NO 1223/83 OF 20 MAY 1983 MUST TOGETHER BE INTERPRETED AS MEANING THAT CANCELLATION OF ADVANCE FIXINGS MAY BE OBTAINED IN ALL CASES WHERE THE CONDITIONS LAID DOWN IN THOSE PROVISIONS ARE SATISFIED OR WHETHER THE COMMISSION ACTED LAWFULLY IN LIMITING, BY REGULATION NO 1244/83 OF 20 MAY 1983, THE RIGHT TO OBTAIN CANCELLATION OF ADVANCE FIXINGS EFFECTED BEFORE 17 MAY 1983 .
29 IN ORDER TO GIVE A PROPER REPLY IT IS NECESSARY FIRST OF ALL TO SUMMARIZE THE GENERAL RULES GOVERNING CANCELLATION OF ADVANCE FIXINGS .
30 INDENT ( A ) OF THE FIRST SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF COUNCIL REGULATION NO 1134/68