THE GOODS IN QUESTION IN COMPARISON WITH GOODS FALLING WITHIN THE GENERAL SYSTEM , EVEN AFTER THE INCREASE IN IMPORT PRICES STRESSED BY THE PLAINTIFF . IF THE PREFERENTIAL MARGIN EXISTING AT A PARTICULAR TIME IS REDUCED BY THE MOVEMENT OF PRICES IN THE PRODUCING COUNTRY , IT SHOULD BE STRESSED THAT THE IMPORTER HAS NO VESTED RIGHT TO HAVE THAT ADVANTAGE MAINTAINED AND , WITHOUT PREJUDICE TO UNDERTAKINGS WHICH MAY HAVE BEEN ENTERED INTO WITH REGARD TO THIRD COUNTRIES , THE COMMUNITY MUST ALWAYS RESERVE ITS FREEDOM TO DETERMINE THE CONDITIONS OF IMPORTATION FOR AGRICULTURAL PRODUCTS ORIGINATING IN THIRD COUNTRIES , HAVING REGARD TO THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS AND THE NEEDS OF ITS COMMERCIAL POLICY .
18 THIS PART OF QUESTION 4 MUST ACCORDINGLY BE ANSWERED TO THE EFFECT THAT , THERE WAS NO OBLIGATION ON THE COMPETENT INSTITUTIONS OF THE COMMUNITY AT THE TIME OF THE FACTS WITH WHICH THE MAIN ACTION IS CONCERNED TO AMEND THE IMPORT SYSTEM APPLICABLE UNDER ARTICLE 8 OF REGULATION NO 823/68 TO PRODUCTS FALLING WITHIN TARIFF SUBHEADINGS 04.04 E I ( B ) ( 3 ) AND ( 4 ).
APPLICATION TO REOPEN THE ORAL PROCEDURE
19 BY LETTER DATED 4 OCTOBER 1977 , RECEIVED AT THE COURT REGISTRY ON 6 OCTOBER 1977 , THE PLAINTIFF IN THE MAIN ACTION APPLIED TO HAVE THE ORAL PROCEDURE REOPENED ON THE GROUNDS OF TWO NEW FACTS WHICH WERE NOT KNOWN AT THE TIME OF THE ORAL PROCEDURE .
ON THE ONE HAND , IT ALLEGES THAT THE COUNCIL , BY REGULATION NO 1683/77 OF 18 JULY 1977 AMENDING ARTICLE 8 OF REGULATION NO 823/68 , HAS RAISED THE ' MINIMUM PRICES ' APPLICABLE TO CERTAIN KINDS OF CHEESE BUT LEFT THE MINIMUM PRICES OF KASHKAVAL AND CHEESE OF SHEEP ' S MILK UNCHANGED . IN THIS RESPECT IT MUST BE OBSERVED NOT ONLY THAT THAT MEASURE WAS ADOPTED AFTER THE LEVIES IN QUESTION WERE FIXED BUT ALSO THAT IT IS IRRELEVANT TO THE QUESTIONS REFERRED TO THE COURT BY THE FINANZGERICHT BERLIN WITH REGARD TO TAKING ACCOUNT OF THE FREE-AT-FRONTIER PRICE AS DETERMINED BY REGULATION NO 804/68 . THIS FURTHER SUBMISSION , WHICH RESTS ON A MISUNDERSTANDING OF THE PRINCIPLES RELATING TO THE TEMPORAL APPLICATION OF LEGAL RULES AND ON A CONFUSION BETWEEN THE FUNCTIONS PERFORMED IN THE LEVY SYSTEM IN QUESTION BY THE ' MINIMUM PRICES ' WITHIN THE MEANING OF ARTICLE 8 OF REGULATION NO 823/68 AND THE ' FREE-AT-FRONTIER PRICES ' WITHIN THE MEANING OF REGULATION NO 804/68 , MUST THEREFORE BE REJECTED .
21 FURTHER THE PLAINTIFF IN THE MAIN ACTION ALLEGES THAT IT IS IN POSSESSION OF A COPY OF A LETTER FROM THE BULGARIAN GOVERNMENT TO THE COMMISSION INFORMING THE LATTER OF THE MOVEMENT IN PRICES OF CHEESE OF SHEEP ' S MILK AND KASHKAVAL IN ORDER TO OBTAIN AN AMENDMENT OF THE IMPORT SYSTEM . SUCH INFORMATION MIGHT LEAD TO A FUTURE AMENDMENT OF THE SYSTEM IN QUESTION BY THE COMPETENT COMMUNITY AUTHORITIES ,