THE APPLICATION OF LEVIES ON BEEF AND VEAL . . . ( OFFICIAL JOURNAL L 75 , P . 10 ) IS SUCH AS TO EXCLUDE ITS APPLICATION TO PRODUCTS COVERED BY THE EXCEPTIONS CITED ABOVE .
8THE APPLICANT HAS ALSO MENTIONED AN OFFICIAL RULING AS TO CLASSIFICATION WHICH WAS ISSUED IN 1975 UNDER GERMAN LEGISLATION BY THE COMPETENT GERMAN AUTHORITY TO THE EFFECT THAT THE GOODS IN QUESTION DID FALL WITHIN THE OLD SUBHEADING 16.02 B III ( B ) 1 AND HAS ALLEGED THAT IT ACTED IN RELIANCE ON THAT OFFICIAL RULING .
ON 25 MARCH 1977 AT PASSAU THE APPLICANT IMPORTED A CONSIGNMENT OF APPROXIMATELY 10 000 KG OF MARINATED MEAT ON THE AUTHORITY OF THAT RULING WITHOUT THE SYSTEM OF PROTECTIVE MEASURES , WHICH WAS STILL IN FORCE AT THE TIME , BEING APPLIED TO IT .
9HOWEVER IT EMERGES FROM THE APPLICANT ' S STATEMENTS AT THE HEARING THAT IT WAS ABLE TO OBTAIN THAT CLEARANCE INTO FREE CIRCULATION ONLY OWING TO AN AMENDMENT OF THE RULING CONCERNED DATED 13 OCTOBER 1976 STATING THAT THE GOODS CAME UNDER THE ABOVE-MENTIONED EXCEPTIONS LAID DOWN IN REGULATION NO 76/76 .
IT IS CLEAR FROM THOSE STATEMENTS THAT AT THE TIME OF THE AMENDMENT THE APPLICANT HAD ALREADY REALIZED THAT ANY IMPORTATION OF THE GOODS MIGHT FALL FOUL OF THE PROTECTIVE MEASURES THEN IN FORCE AND WAS TO BE REGARDED AS BEING VERY HAZARDOUS .
AT ALL EVENTS THE ISSUE OF SUCH A RULING , WHICH BY ITS VERY NATURE CAN REFER ONLY TO THE RULES IN FORCE AT THE TIME AND THUS CANNOT PROTECT THE PERSON TO WHOM IT WAS ISSUED FROM AMENDMENTS TO SUCH RULES , CANNOT BE CONSIDERED AS EQUIVALENT TO THE ISSUE OF CERTIFICATES , DECLARATIONS AND OTHER DOCUMENTS CONCERNING SPECIFIC TRANSACTIONS ENVISAGED FOR A SET TIME AND FOR SET QUANTITIES .
WHEREAS DOCUMENTS OF THE LATTER KIND ARE CAPABLE OF GIVING RISE TO LIABILITY ON THE PART OF THE COMMUNITY AUTHORITIES , RULINGS AS TO CLASSIFICATION ON THE OTHER HAND ARE ISSUED FOR GENERAL PURPOSES AND ARE OF A PURELY ABSTRACT NATURE , THAT IS TO SAY WITHOUT ANY RELATION TO SPECIFIC TRANSACTIONS , AND SO ARE NOT SUCH AS TO OBLIGE THOSE AUTHORITIES IN ANY ADJUSTMENTS OF THE RULES CONCERNED WHICH THEY MIGHT CONSIDER NECESSARY TO TAKE ACCOUNT OF ANY EXPECTATIONS WHICH SUCH DOCUMENTS MIGHT HAVE ENGENDERED AMONG INTERESTED PARTIES .
10IT FOLLOWS FROM THE FOREGOING THAT THE COMMISSION WAS ENTITLED TO TAKE THE VIEW THAT BECAUSE OF THE PRIOR ADOPTION OF ARTICLE 5 OF REGULATION NO 3117/76 , IT WAS NOT NECESSARY WHEN REGULATION NO 425/77 ENTERED INTO FORCE TO ADOPT ANY FURTHER TRANSITIONAL MEASURES UNDER ARTICLE 7 THEREOF IN ORDER TO PROTECT THE LEGITIMATE EXPECTATION OF TRADERS .
CONSEQUENTLY ITS CONDUCT IN THAT CONNEXION CANNOT BE REGARDED AS HAVING CAUSED THE DAMAGE ALLEGED BY THE APPLICANT .
11THE APPLICANT ALSO CRITICIZES THE COMMISSION FOR HAVING ACTED ILLEGALLY AND FOR HAVING FAILED TO FULFIL ITS OBLIGATIONS INASMUCH AS ( A )