AT BY THE REGULATIONS IN QUESTION . FURTHER, THE PROTECTION OF CONFIDENCE REQUIRES THAT THE CALCULATIONS OF COMMERCIAL OPERATORS BASED ON THE LEVEL OF THE PREMIUM IN FORCE AT THE TIME WHEN THE DENATURING WAS BEGUN, SHOULD NOT BE UPSET WITHOUT COMPELLING REASONS .
9 ARTICLE 4 OF REGULATION NO 172/67 OF THE COUNCIL IN ITS ORIGINAL FORM SHOWS IT AS NORMAL THAT DENATURING OPERATIONS SHOULD BE DETERMINED ON THE BASIS OF THE ANNUAL CEREAL MARKETING YEAR . THIS PERSPECTIVE WAS NOT FUNDAMENTALLY ALTERED BY REGULATION NO 644/68, ARTICLE 1 OF WHICH GIVES ALTERATIONS OF THE DENATURING SYSTEM DURING A MARKETING YEAR AN EXCEPTIONAL CHARACTER, SINCE SUCH ALTERATIONS CANNOT BE MADE EXCEPT WHERE THERE IS A THREAT OF DISTURBANCE IN THE MARKET . IT CANNOT THEREFORE BE CONSIDERED ABNORMAL FOR A DENATURING UNDERTAKING TO ARRANGE ITS PROJECTS FOR THE ENTIRE CEREAL MARKETING YEAR .
10 WHERE, THEREFORE THERE HAS BEEN A COMMITMENT TO DENATURING BEFORE THE EXPIRY OF THE PERIODS STIPULATED IN REGULATION NOS 2859/73 AND 175/74 - RESPECTIVELY 1 NOVEMBER 1973 AND 10 FEBRUARY 1974 - BY THE SUBMISSION TO THE INTERVENTION AGENCY OF THE APPLICATION PROVIDED FOR BY ARTICLE 4 ( 2 ) OF REGULATION NO 172/67, RELATING TO QUANTITIES OF GOODS BOUGHT BEFORE THE ENTRY INTO FORCE OF ONE OR THE OTHER OF THE REGULATIONS REFERRED TO ACCORDING TO THE CASE, IT IS RIGHT TO APPLY, IN THE INTERESTS OF LEGAL CERTAINTY, FOR THE COMPUTATION OF THE AMOUNT OF THE DENATURING PREMIUM, THE PROVISIONS IN FORCE AT THE TIME THE APPLICATION WAS LODGED, EVEN IF THE TECHNICAL MIXING IS NOT DONE UNTIL A SUBSEQUENT DATE, ALBEIT WITHIN THE PERIOD PRESCRIBED BY THE INTERVENTION AGENCY .
11 IT IS THEREFORE RIGHT TO REPLY TO THE SECOND QUESTION THAT REGULATION NO 2859/73 CANNOT BE APPLIED TO DENATURING WHICH HAS BEEN NOTIFIED TO THE INTERVENTION AGENCY BEFORE 1 NOVEMBER 1973 IN THE FORM PRESCRIBED BY IT, BUT IN RESPECT OF WHICH THE TECHNICAL MIXING HAS NOT BEEN DONE UNTIL AFTER 1 NOVEMBER 1973, ALBEIT WITHIN THE PERIOD PRESCRIBED FOR THIS PURPOSE . IT IS RIGHT TO SAY IN ANSWER TO THE FOURTH QUESTION THAT REGULATION NO 175/74 DOES NOT APPLY, IN THE SAME CIRCUMSTANCES, TO DENATURING WHICH HAS BEEN NOTIFIED TO THE INTERVENTION AGENCY BEFORE 10 FEBRUARY 1974 .
Decision on costs
12 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 VERWALTUNGSGERICHT FRANKFURT-AM-MAIN, COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE VERWALTUNGSGERICHT FRANKFURT AM MAIN BY ORDER DATED 17 DECEMBER 1974, HEREBY RULES :
1 . EXAMINATION OF THE QUESTIONS RAISED HAS NOT REVEALED ANY FACTOR CAPABLE OF AFFECTING THE VALIDITY OF REGULATIONS NO 2859/73 OF THE COMMISSION OF 19 OCTOBER 1973 AND NO 175/74 OF