' ( JUDGMENT OF 11 JULY 1973 , CASE 3/73 , HESSISCHE MEHLINDUSTRIE , ( 1973 ) ECR 745 ; SEE ALSO THE JUDGMENTS OF 16 DECEMBER 1976 , CASES 33/76 , REWE , AND 45/76 , COMET , ( 1976 ) ECR 1989 AND 2043 ).
6 THE QUESTIONS RAISED BY THE VERWALTUNGSGERICHT CALL FOR THE FOLLOWING OBSERVATIONS .
7 ACCORDING TO THE GENERAL CONCEPTION UNDERLYING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS THE GRANTING OF DENATURING PREMIUMS PROVIDED FOR IN THE REGULATIONS WHICH HAVE BEEN REFERRED TO IS SUBJECT TO A SET OF COMMON RULES WHICH ARE APPLICABLE UNIFORMLY THROUGHOUT THE COMMUNITY . HOWEVER , MANAGEMENT OF THAT INTERVENTION MECHANISM IS THE TASK OF THE NATIONAL INTERVENTION AGENCIES , WHICH ARE REQUIRED , AS A RESULT , TO PERFORM ALL THE SUPERVISORY DUTIES NECESSARY IN ORDER TO ENSURE THAT DENATURING PREMIUMS ARE GRANTED ONLY IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY THE COMMUNITY RULES AND THAT ANY INFRINGEMENT OF THE RULES OF COMMUNITY LAW BY THOSE OPERATING ON THE MARKET IS APPROPRIATELY PENALIZED . THEREFORE IN THE PRESENT CASE IT IS UNDOUBTEDLY THE DUTY OF THE GERMAN INTERVENTION AGENCY TO CONTROL DENATURING PROCEDURES , TO UNDERTAKE THE REQUISITE INVESTIGATIONS AND TO REQUIRE THE REPAYMENT OF ANY PREMIUM THE PAYMENT OF WHICH APPEARS TO HAVE BEEN WITHOUT JUSTIFICATION UNDER THE RULES AND REGULATIONS APPLICABLE .
8 AT THE PRESENT STAGE OF ITS DEVELOPMENT COMMUNITY LAW DOES NOT INCLUDE ANY SPECIFIC PROVISIONS RELATING TO THE PERFORMANCE OF THAT SUPERVISORY DUTY ON THE PART OF THE APPROPRIATE NATIONAL ADMINISTRATIVE AUTHORITIES . THE ONLY REQUIREMENT WHICH MUST BE IMPOSED IN THAT RESPECT , FROM THE COMMUNITY POINT OF VIEW , IS THAT IN SUCH MATTERS THE NATIONAL AUTHORITIES MUST PROCEED WITH THE SAME CARE AND ATTENTION AS THEY EXERCISE IN IMPLEMENTING CORRESPONDING NATIONAL LAWS , IN ORDER TO PREVENT ANY WEAKENING OF THE EFFECTIVENESS OF COMMUNITY LAW .
9 AS REGARDS , IN PARTICULAR , THE LIMITATION PERIODS OR TIME-LIMITS WHICH MAY BE DERIVED FROM THE APPLICATION OF CERTAIN GENERAL PRINCIPLES OF ADMINISTRATIVE LAW RELATING TO THE RECOVERY OF PAYMENTS MADE IN ERROR , COMMUNITY LAW AS IT STANDS AT PRESENT CONTAINS NO APPROPRIATE PROVISION . THE LIMITATION PERIOD LAID DOWN IN ARTICLE 43 OF THE STATUTE OF THE COURT OF JUSTICE APPLIES EXCLUSIVELY TO ACTIONS AGAINST THE COMMUNITY ITSELF IN MATTERS OF NON-CONTRACTUAL LIABILITY , AND IT IS THEREFORE NOT RELEVANT TO THE PRESENT SUBJECT-MATTER . THE SAME COMMENT MAY BE APPLIED TO THE OTHER PROVISIONS WHICH HAVE BEEN REFERRED TO BY THE PLAINTIFFS .
10 ACCORDINGLY , IT IS FOR THE NATIONAL AUTHORITIES TO ASSESS A SITUATION SUCH AS THAT WHICH HAS BEEN BROUGHT BEFORE THE VERWALTUNGSGERICHT ON THE BASIS OF THE RULES AND PRINCIPLES OF THEIR NATIONAL LAWS , PROVIDED THAT THEY DO NOT MAKE A DISTINCTION BETWEEN SITUATIONS GOVERNED BY COMMUNITY LAW AND SIMILAR SITUATIONS SUBJECT TO THE APPLICATION OF NATIONAL LAW ALONE . FURTHERMORE , AS REGARDS MORE ESPECIALLY THE PROBLEM WHICH HAS BEEN RAISED IN THE