THE COURT ( SECOND CHAMBER )
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN BY ORDER OF 12 OCTOBER 1982 , HEREBY RULES :
1 . ARTICLE 3 ( 3 ) OF REGULATION ( EEC ) NO 2044/75 OF THE COMMISSION OF 25 JULY 1975 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND THE ADVANCE FIXING OF REFUNDS IN RESPECT OF MILK AND MILK PRODUCTS ( OFFICIAL JOURNAL , L 213 , P . 15 ) MUST BE INTERPRETED AS MEANING THAT A MEASURE SUSPENDING THE ADVANCE FIXING OF EXPORT REFUNDS , ADOPTED IN CONFORMITY WITH REGULATION ( EEC ) NO 876/68 , MUST BE REGARDED AS A ' ' SPECIAL MEASURE ' ' ;
2 . ARTICLE 3 ( 3 ) OF REGULATION NO 2044/75 MUST BE INTERPRETED AS MEANING THAT APPLICATIONS FOR ADVANCE FIXING SUBMITTED BEFORE THE PERIOD OF SUSPENSION BUT ON WHICH A DECISION IS TO BE TAKEN DURING THAT PERIOD MUST BE REJECTED ;
3 . ARTICLE 3 ( 3 ) OF REGULATION NO 2044/75 , AS INTERPRETED ABOVE , IS NOT CONTRARY EITHER TO ARTICLE 5 ( 4 ) OF REGULATION NO 876/68 OR TO THE PRINCIPLE OF LEGAL CERTAINTY .