25 FEBRUARY 1976 , WHICH ENTERED INTO FORCE ON 4 MARCH 1976 , REDUCED THOSE PERIODS BY LIMITING THEM , AS REGARDS CERTAIN CEREAL PRODUCTS SUCH AS THOSE AT ISSUE , TO THE PERIOD OF VALIDITY OF THE EXPORT LICENCE WHICH IS OUTSTANDING ON THE DATE ON WHICH THE PRODUCTS BECOME SUBJECT TO THE CUSTOMS CONTROL , OR TO ONE MONTH IF THE SAID PERIOD IS LESS THAN ONE MONTH .
12THE APPLICANTS MAINTAIN THAT BY REASON OF SEVERAL FACTORS OF A TECHNICAL AND ECONOMIC NATURE CONNECTED WITH THE PARTICULAR FEATURES OF THE MARKET IN BARLEY THE CONTRACTUAL UNDERTAKINGS ENTERED INTO BY THE MALT-PRODUCING UNDERTAKINGS GENERALLY LAST FOR 15 TO 18 MONTHS , FOR DELIVERIES TO BE CARRIED OUT WITHIN A PERIOD OF 12 MONTHS .
13THEY MAINTAIN THAT THE BONDED WAREHOUSE PROCEDURES FOR UNPROCESSED GOODS AND FOR PROCESSING UNDER CUSTOMS CONTROL , IN THE FORM IN WHICH THEY WERE ORGANIZED BEFORE THE ENTRY INTO FORCE OF REGULATION NO 413/76 , ENABLED THE FOUR TO SIX MONTHS WHICH GENERALLY PASSED BETWEEN THE PLACING OF THE ORDER AND THE BEGINNING OF DELIVERIES TO BE RECOUPED WHEN THE VALIDITY OF THE EXPORT LICENCE EXPIRED .
14BY REDUCING TO ONE MONTH THE PERIODS BY WHICH THE PERIOD OF VALIDITY OF THE EXPORT LICENCE COULD BE OVERRUN , WITHOUT PROVIDING FOR ANY TRANSITIONAL MEASURE FOR UNDERTAKINGS FINALLY ENTERED INTO AND IN THE COURSE OF PERFORMANCE WHEN IT ENTERED INTO FORCE , THAT REGULATION AMENDED RETROACTIVELY AND IN AN UNFORESEEABLE MANNER THE FINANCIAL STIPULATIONS ON THE BASIS OF WHICH THE UNDERTAKINGS WERE ENTERED INTO AND THUS CAUSED THE APPLICANTS A LOSS FOR WHICH COMPENSATION IS DUE .
15FOLLOWING THE ADOPTION OF THE AMENDMENT THE APPLICANTS FOUND IT IMPOSSIBLE TO PERFORM FULLY THE AFOREMENTIONED CONTRACTS OF SALE , THUS GOING BACK ON THE DECISIONS ADOPTED WITH REGARD TO THEIR CUSTOMERS AND RISKING THE LOSS OF THE SECURITIES RELATING TO THE UNUSED EXPORT LICENCES .
16IN ORDER TO AVOID THAT CONSEQUENCE THEY HAD EITHER , BY CARRYING OUT THE TERMS OF THE CONTRACTS , TO SUFFER LOSSES ON THE DIFFERENCE BETWEEN THE REFUNDS AND COMPENSATORY AMOUNTS APPLICABLE OR , BY ATTEMPTING TO OBTAIN AN APPROPRIATE MODIFICATION OF CERTAIN CONTRACTS , TO BEAR CONSIDERABLE EXPENSE , SUCH AS THE COSTS OF STORAGE AND OF WAREHOUSING THE GOODS .
17THE APPLICANTS CONCLUDE THAT BY ADOPTING REGULATION NO 413/76 THE COMMISSION VIOLATED THE PRINCIPLES OF RESPECT FOR ESTABLISHED RIGHTS AND FOR THE LEGITIMATE EXPECTATION OF TRADERS AS WELL AS THE PRINCIPLE THAT LAWS SHALL NOT BE RETROACTIVE AND THEREBY FLAGRANTLY VIOLATED A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL .
18SUCH A VIOLATION REPRESENTS IN A CONCRETE FORM A WRONGFUL ACT OF SUCH A NATURE AS TO IMPOSE A LIABILITY ON THE COMMUNITY TOWARDS THE PARTIES CONCERNED .
19IT IS FIRST NECESSARY TO DISTINGUISH THE RULES RELATING TO THE EXPORT LICENCES INVOLVING ADVANCE FIXING OF THE REFUNDS FROM THOSE RELATING TO THE ADVANCE PAYMENT OF THE REFUND FIXED IN ADVANCE , WHICH ARE COVERED BY REGULATION NO