APPLICATION FOR AN EXPORT LICENCE WAS LODGED AND THE DAY ON WHICH THE GOODS ARE EXPORTED, THE AMOUNT OF THE REFUND SHALL BE ADJUSTED IF AN ADJUSTMENT IS PROVIDED FOR PURSUANT TO ARTICLE 12 OF REGULATION ( EEC ) NO 766/68 " FOR THE SUGAR SECTOR;
6 IT WAS PRECISELY THE STRICT ADAPTATION OF THE EXPORT REFUND FIXED IN ADVANCE IN THE SUGAR SECTOR THAT WAS REMOVED BY REGULATION NO 1048/71, WHICH CAME INTO FORCE ON 27 MAY 1971, WHICH IN THE PREAMBLE EXPRESSED THE VIEW THAT THIS PROVISION HAD PROVED TOO RIGID, AND ALTERED THE TEXT OF THE SAID ARTICLE 12 TO READ : " IF DURING THE ( SAID ) PERIOD ... AN ALTERATION OCCURS IN THE PRICE OF SUGAR OR MOLASSES, ... THE AMOUNT OF THE REFUND MAY BE ADJUSTED . ";
7 THE FIRST QUESTION ASKS WHETHER, HAVING REGARD TO THE DATE ( 29 OCTOBER 1970 ) ON WHICH PERMISSION TO EXPORT WAS GRANTED WITH ADVANCE FIXING OF THE RATE OF REFUND, THE VARIATIONS OF THIS RATE, IN ACCORDANCE WITH AN ALTERATION OF THE INTERVENTION PRICE OF WHITE SUGAR, REMAINED SUBJECT TO THE SYSTEM ESTABLISHED BY REGULATION NO 1098/68, OR WHETHER, ON THE CONTRARY, THE NEW PROVISIONS RESULTING FROM REGULATIONS NOS 951/71 AND NO 1048/71 HAD TO BE APPLIED;
8 UNDER A GENERALLY RECOGNIZED PRINCIPLE, THE LAWS AMENDING A LEGISLATIVE PROVISION APPLY, UNLESS OTHERWISE PROVIDED, TO FUTURE CONSEQUENCES OF SITUATIONS WHICH AROSE UNDER THE FORMER LAW;
9 IT FOLLOWS THAT THE MODIFICATION OF ARTICLE 2 ( 3 ), SECOND PARAGRAPH, OF REGULATION NO 1098/68 APPLIES NOT ONLY TO ADVANCE FIXING CERTIFICATES ISSUED AFTER ITS ENTRY INTO FORCE, BUT ALSO TO THOSE ISSUED BEFORE SUCH DATE, TO THE EXTENT THAT THE INTENDED EXPORTATION HAD NOT YET TAKEN PLACE;
10 THE SECOND QUESTION ASKS WHETHER, WHATEVER THE SCHEME APPLICABLE, A FORMAL ACT ON THE PART OF THE COMMUNITY AUTHORITIES IS INDISPENSABLE FOR THE ORGANIZATIONS COMPETENT IN THE MATTER TO PROCEED WITH THE PAYMENT OF SUMS RESULTING FROM THE ADJUSTMENTS;
11 PRIOR TO THE MODIFICATION THAT OCCURED IN 1971, THE ADJUSTMENT IN THE REFUND WAS AUTOMATIC AND COULD BE APPLIED BY THE COMPETENT NATIONAL ORGANIZATIONS WITHOUT THE NEED FOR A FORMAL ACT BY THE COMMUNITY AUTHORITIES;
12 IN THE FRAMEWORK OF THE NEW REGULATIONS IT SEEMS ON THE CONTRARY THAT IN ORDER TO ENSURE THE NECESSARY UNIFORMITY OF MEASURES TAKEN WITHIN THE COMMUNITY, THE ADJUSTMENT OF THE REFUND MUST RESULT FROM A FORMAL ACT ON THE PART OF THE COMMUNITY;
Decision on costs
13 THE COSTS INCURRED BY THE COMMISSION, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNAL ADMINISTRATIF OF PARIS BY ORDER OF THAT COURT DATED 5 JUNE 1973 HEREBY RULES :
1