IT HAD ALREADY UNDERTAKEN IN RELIANCE ON THE PREVIOUS REGULATIONS .
13 ARTICLE 4 OF REGULATION NO 172/67, IN ITS ORIGINAL VERSION, SUGGESTS THAT IT IS NORMAL FOR DENATURING OPERATIONS TO BE DETERMINED IN THE CONTEXT OF THE CEREAL MARKETING YEAR . THIS VIEW WAS NOT FUNDAMENTALLY CHANGED BY REGULATION NO 644/68, ARTICLE 1 OF WHICH TREATS ADJUSTMENTS IN THE DENATURING SYSTEM DURING THE CROP YEAR AS EXCEPTIONAL, BEARING IN MIND THAT THEY CAN ONLY OCCUR IN THE EVENT OF A LIKELIHOOD OF DISTURBANCE ON THE MARKET .
IT CANNOT THEREFORE BE CONSIDERED ABNORMAL FOR A DENATURING UNDERTAKING TO ARRANGE ITS PROJECTS IN THE LIGHT OF THE ENTIRE CROP YEAR .
14 ACCORDINGLY, FOR THE SAKE OF LEGAL CERTAINTY, REGULATION NO 849/70 HAD TO BE APPLIED IN SUCH A WAY THAT THERE MIGHT STILL BENEFIT FROM THE SYSTEM UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 1403/69 THOSE QUANTITIES OF GOODS IN RESPECT OF WHICH IT WAS ESTABLISHED THAT THEY WERE PURCHASED BEFORE THE COMING INTO FORCE OF REGULATION NO 849/70, PROVIDED THE REQUEST UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 172/67 WAS MADE TO THE INTERVENTION AGENCY BEFORE THE EXPIRY OF THE TIME-LIMIT ARISING FROM REGULATION NO 849/70, I.E . BEFORE 1 JUNE 1970 . INTERPRETED IN THIS WAY, REGULATION NO 849/70 CONTAINS NO PROVISION THE VALIDITY OF WHICH COULD BE DOUBTED .
Decision on costs
15 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, COSTS ARE A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE HESSISCHER VERWALTUNGSGERICHTSHOF ( VITH SENATE ) BY ORDER OF 8 JULY 1964, HEREBY RULES :
CONSIDERATION OF THE QUESTIONS RAISED HAS NOT DISCLOSED ANY FACTORS OF A KIND THAT WOULD AFFECT THE VALIDITY OF REGULATION NO 849/70 OF THE COMMISSION OF 11 MAY 1970, AMENDING REGULATIONS NOS 1403/69 AND 1404/69 ON THE DENATURING OF COMMON WHEAT .