AROSE UNDER THE EARLIER RULES IN THE ABSENCE OF OBLIGATIONS ENTERED INTO WITH THE PUBLIC AUTHORITIES .
22THIS IS PARTICULARY TRUE IN A FIELD SUCH AS THE COMMON ORGANIZATION OF MARKETS , THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO THE VARIATIONS OF THE ECONOMIC SITUATION IN THE VARIOUS AGRICULTURAL SECTORS .
23IN ORDER TO COMPLY WITH THE PRINCIPLE OF RESPECT FOR LEGITIMATE EXPECTATIONS , THE COMMISSION PROVIDED IN THE LAST PARAGRAPH OF ARTICLE 2 OF REGULATION NO 2604/77 , AS AMENDED BY ARTICLE 1 OF REGULATION NO 2792/77 OF 15 DECEMBER 1977 , THAT ON APPLICATION BY THE PARTIES CONCERNED THE NEWLY INTRODUCED MONETARY COMPENSATORY AMOUNTS WERE NOT TO APPLY TO OPERATIONS CARRIED OUT UNDER COVER OF A CERTIFICATE FIXING THE EXPORT REFUND OR THE IMPORT LEVY IN ADVANCE IN RESPECT OF WHICH THE APPLICATION WAS LODGED PRIOR TO 26 NOVEMBER 1977 , THE DATE OF THE PUBLICATION AND ENTRY INTO FORCE OF REGULATION NO 2604/77 .
24IT IS TRUE THAT THIS EXEMPTION IS LINKED TO THE TRADER CONCERNED HAVING APPLIED FOR AND OBTAINED A CERTIFICATE FIXING THE LEVY OR REFUND IN ADVANCE , WHICH RESTRICTS THE BENEFIT OF THE EXEMPTION TO TRADE WITH NON-MEMBER COUNTRIES AND EXCLUDES FROM SUCH BENEFIT INTRA-COMMUNITY TRADE , IN RESPECT OF WHICH THERE IS NO REFUND OR LEVY AND CONSEQUENTLY NO ADVANCE FIXING .
25HOWEVER , FOR THE REASONS STATED ABOVE , NEITHER THE GENERAL PRINCIPLE OF RESPECT FOR ACQUIRED RIGHTS NOR THAT OF RESPECT FOR LEGITIMATE EXPECTATIONS REQUIRED SUCH EXEMPTION TO BE EXTENDED TO ALL CONTRACTS IN PROGRESS ON 26 NOVEMBER 1977 .
26FURTHERMORE , BY PUBLISHING REGULATION NO 2604/77 ON 26 NOVEMBER 1977 WHEN IT WAS TO APPLY ONLY WITH EFFECT FROM 2 JANUARY 1978 , THE COMMISSION MITIGATED THE EFFECTS OF THE NEW RULES ON OPERATIONS IN THE COURSE OF BEING PERFORMED , TO THE EXTENT CONSISTENT WITH MAINTAINING THE AIMS PURSUED BY THE REINTRODUCTION OF MONETARY COMPENSATORY AMOUNTS .
27THE SUBMISSION BASED ON THE FAILURE TO RESPECT LEGITIMATE EXPECTATIONS MUST THEREFORE BE DISMISSED .
28ACCORDINGLY THE ANSWER TO QUESTION 3 SHOULD BE THAT , APART FROM THE EXCEPTION PROVIDED FOR BY REGULATION NO 2792/77 , THE MONETARY COMPENSATORY AMOUNTS LAID DOWN BY REGULATION NO 2604/77 ARE APPLICABLE TO THE EXPORTATION OF PASTA FROM ITALY TO OTHER MEMBER STATES AND TO NON-MEMBER COUNTRIES AS FROM 2 JANUARY 1978 IN PURSUANCE OF CONTRACTS CONCLUDED PRIOR TO 25 NOVEMBER 1977 .
Decision on costs
COSTS
29THE COSTS INCURRED BY THE ITALIAN GOVERNMENT AND THE COMMISSION , WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
30SINCE THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE PRETURA DI TRENTO , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRETURA DI TRENTO BY AN ORDER OF 16 MARCH 1978 ,