REGULATION NO 1380/75 , IN THE AMENDED VERSION SET OUT IN ARTICLE 1 OF REGULATION NO 1577/76 , WHICH IS APPLICABLE TO THE ISSUE IN THE MAIN ACTION :
' ' ( 3 ) IN THE WINE SECTOR THE FREE-AT-FRONTIER REFERENCE PRICES SHALL BE CONSIDERED TO HAVE BEEN OBSERVED AT THE TIME OF IMPORT FROM THIRD COUNTRIES IF , FOR THE PRODUCT CONCERNED THE OFFER PRICE :
( A ) IN THE CASE OF APPRECIATION OF THE CURRENCY OF THE IMPORTING MEMBER STATE , INCREASED OR
( B)IN THE CASE OF DEPRECIATION OF THAT CURRENCY , REDUCED
BY THE AMOUNT REFERRED TO IN THE FOLLOWING SUBPARAGRAPH IS NOT LESS THAN THE FREE-AT-FRONTIER REFERENCE PRICE .
THE AMOUNT REFERRED TO IN THE PRECEDING SUBPARAGRAPH IS THE MONETARY COMPENSATORY AMOUNT APPLICABLE IN INTRA-COMMUNITY TRADE . ' '
15 IF FOLLOWS FROM THAT PROVISION THAT THE MONETARY COMPENSATORY AMOUNTS MUST , DEPENDING ON WHETHER THERE HAS BEEN AN APPRECIATION OR DEPRECIATION OF THE CURRENCY OF THE IMPORTING MEMBER STATE , BE RESPECTIVELY ADDED TO OR DEDUCTED FROM THE FREE-AT-FRONTIER OFFER PRICE AND THAT , FOR THE PROVISIONS OF COMMUNITY LAW TO BE COMPLIED WITH , THE RESULTING FIGURE MUST BE HIGHER THAN OR EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE .
16 IN THE CASE IN POINT , IT EMERGES FROM THE WRITTEN OBSERVATIONS OF THE PARTIES , AS EXPLAINED IN GREATER DETAIL IN THE COURSE OF THE ORAL PROCEDURE , THAT THE OFFICE NATIONAL WOULD INITIALLY INVOICE TO RAMEL , UPON IMPORTATION , THE FREE-AT-FRONTIER REFERENCE PRICE , DEEMED TO BE KNOWN AT THE TIME OF THE TRANSACTION , AND THAT RAMEL WOULD PROMPTLY PAY THAT FIRST INVOICE . LATER , WHEN THE MONETARY COMPENSATORY AMOUNTS RELATING TO THE TRANSACTION WERE KNOWN PRECISELY , THE OFFICE NATIONAL WOULD SEND RAMEL A SUPPLEMENTARY INVOICE RELATING TO THE SUM REPRESENTING THE MONETARY COMPENSATORY AMOUNTS RECEIVED BY THE LATTER .
17 IN THOSE CIRCUMSTANCES , WHERE THE IMPORTATION WAS CARRIED OUT IN A COUNTRY WHOSE CURRENCY HAD DEPRECIATED , THE FREE-AT-FRONTIER OFFER PRICE HAD AT LEAST TO BE EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE INCREASED BY THE MONETARY COMPENSATORY AMOUNTS RELATING TO THAT IMPORTATION IN RESPECT OF A TRANSACTION WHICH THE TRADERS WISHED TO EFFECT AT THE MINIMUM PRICE .
18 IT FOLLOWS THAT IF THE FREE-AT-FRONTIER OFFER PRICE IS EQUAL TO OR HIGHER THAN THE FREE-AT-FRONTIER REFERENCE PRICE PLUS THE MONETARY COMPENSATORY AMOUNTS AND IF THAT PRICE IS IMMEDIATELY PAID BY THE IMPORTER , THE CONTRACTUAL PROVISIONS CONCERNING THE PAYMENT OVER OF THE MONETARY COMPENSATORY AMOUNTS BY THE FRENCH IMPORTER TO THE ALGERIAN EXPORTER DO NOT FALL WITHIN THE FIELD OF COMMUNITY LAW BUT WITHIN THE AMBIT OF THE CONTRACTUAL RELATIONS GOVERNED BY NATIONAL LAW , AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 13 FEBRUARY 1980 IN CASE 74/79 SAMAVINS ( 1980 ) ECR 239 .
19 CONVERSELY , IF AT THE TIME OF IMPORTATION THE IMPORTER HAS PAID ONLY A SUM EQUAL TO THE FREE-AT-FRONTIER REFERENCE PRICE WHEREAS THE TRANSACTION MUST