HOWEVER, THE REFUSAL TO GRANT THE IMPORT LICENCES SUBJECT TO A ZERO LEVY IN RESPECT OF THIS TRANSACTION HAD NO LEGAL BASIS, AS THE DECISION OF THE COMMISSION OF 3 OCTOBER HAD BEEN ANNULLED BY THE ABOVE-MENTIONED JUDGMENT OF 1 JULY 1965 AND, FURTHERMORE, AS, ACCORDING TO THE DOCUMENTS PROVIDED BY THE APPLICANTS, THE GERMAN PROTECTIVE MEASURE HAD BEEN DECLARED ILLEGAL BY THE GERMAN COURTS FOR REASONS BASED ON GERMAN LAW . CONSEQUENTLY THE CHARGING OF THE LEVY, MADE IN THE NAME OF AND FOR THE BENEFIT OF THE TREASURY OF THE FEDERAL REPUBLIC OF GERMANY, IS THUS SHOWN TO BE CONTRARY TO BOTH COMMUNITY LAW AND GERMAN LAW . IN THESE CIRCUMSTANCES, THE QUESTION ARISES WHETHER THE DAMAGE ALLEGED WOULD BE MADE GOOD BY THE REPAYMENT OF THE SUMS IMPROPERLY PAID BY WAY OF LEVY .
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DURING THE ORAL PROCEDURE, THE EXISTENCE IN THE PRESENT CASE OF THE RIGHT TO SUCH REPAYMENT WAS PUT IN DOUBT BY THE APPLICANTS . THE COURT CANNOT, HOWEVER, RELY ON SUCH A STATEMENT TO ACCEPT THE CONCLUSIVE NATURE OF THE ALLEGED DAMAGE . IT IS PROPER, THEREFORE, TO ASK THE APPLICANTS CONCERNED TO PROVE THAT THEY HAVE EXHAUSTED ALL METHODS OF RECOURSE BOTH ADMINISTRATIVE AND JUDICIAL UNDER THE RELEVANT NATIONAL LAW TO OBTAIN REIMBURSEMENT OF THE SUMS IMPROPERLY PAID BY WAY OF LEVY . ONLY AFTER PRODUCTION OF SUCH EVIDENCE WOULD THERE BE REASON TO CONSIDER WHETHER ANY INJURY EXISTS WHICH THE COMMUNITY SHOULD MAKE GOOD .
THE APPLICANTS IN CASES 5/66, 7/66, 14/66, 15/66, 16/66, 19/66 AND 21/66 MUST BE REGARDED AS BELONGING TO THE FIRST CATEGORY MENTIONED ABOVE, AS THEY PURCHASED ON 1 OCTOBER QUANTITIES OF MAIZE IN ANTICIPATION OF THE ISSUE OF THE LICENCES APPLIED FOR AND IMPORTED THESE QUANTITIES INTO THE FEDERAL REPUBLIC OF GERMANY EITHER DURING THE MONTH OF JANUARY 1964 OR ON PRIOR OR SUBSEQUENT DATES SUFFICIENTLY CLOSE TO THAT MONTH TO JUSTIFY THE SUPPOSITION THAT AN IMPORTATION DURING THAT MONTH WOULD HAVE BEEN POSSIBLE . IT IS THUS APPROPRIATE TO ASK THE ABOVE - MENTIONED APPLICANTS TO PRODUCE THE EVIDENCE INDICATED ABOVE .
IT SHOULD, HOWEVER, BE STATED AT THIS STAGE THAT ONLY THE IMPORTS OF MAIZE PURCHASED IN RELIANCE ON THE ANNOUNCEMENT OF THE ISSUE OF LICENCES SUBJECT TO A ZERO LEVY MAY BE TAKEN INTO ACCOUNT FOR THE FIXING OF THE DAMAGE FOR WHICH THE COMMUNITY MAY BE LIABLE . IT IS APPROPRIATE THEREFORE TO ASK THE ABOVEMENTIONED APPLICANTS TO PRODUCE EVIDENCE THAT THE QUANTITIES OF MAIZE IMPORTED IN OR NEAR THE MONTH OF JANUARY 1964, TO WHICH THEY REFER, WERE PURCHASED BY CONTRACTS MADE ON 1 OCTOBER .
BECAUSE CERTAIN CONTRACTS WERE NOT CONCLUDED UNTIL AFTER 2.15 P.M . ON 1 OCTOBER 1963, THE DEFENDANT ASSERTS THAT IN THOSE CASES ITS LIABILITY IS REDUCED BY THE FACT THAT THE APPLICANTS THEMSELVES CONTRIBUTED TO THE CAUSE OF THE ALLEGED DAMAGE THROUGH LACK OF FORESIGHT . IN FACT, AS FROM THE TIME STATED, THE GERMAN AUTHORITIES INFORMED THOSE CONCERNED BY POSTING UP A NOTICE