APPLICATION IS OUT OF TIME
7 THE COMMISSION DISPUTES THE ADMISSIBILITY OF THE REQUESTS FOR A DECLARATION ON THE GROUNDS THAT THE NATURE OF ANY DAMAGE SUFFERED , RELATING EXCLUSIVELY TO THE 2 000 TONNES OF BUTTER IN DISPUTE , MUST BE KNOWN WITH CERTAINTY AND THAT IF THE REQUESTS RELATE TO OTHER EXPORTS THE APPLICATION IS LACKING IN PRECISION .
THE APPLICANT REPLIES THAT THE SAID CLAIMS REFER SOLELY TO THE 2 000 TONNES IN DISPUTE BUT THAT , IN THE CASES PENDING BEFORE THE NATIONAL COURT , THERE ARE OTHER COURT AND LAWYERS ' FEES WHICH CANNOT YET BE ASSESSED .
8 ARTICLE 215 OF THE TREATY DOES NOT PREVENT THE COURT FROM BEING ASKED TO DECLARE THE COMMUNITY LIABLE FOR IMMINENT DAMAGE FORESEEABLE WITH SUFFICIENT CERTAINTY EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED .
THE OBJECTION OF INADMISSIBILITY IS THUS UNFOUNDED .
9 THE COUNCIL AND THE COMMISSION MAINTAIN THAT PURSUANT TO ARTICLE 43 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC CLAIMS FOR COMPENSATION ARISING OUT OF ANY ACTS WHATEVER ' FROM THE YEARS 1967 TO 1970 ' WERE OUT OF TIME AT THE LATEST BY THE END OF 1975 .
10 BEFORE CONSIDERING WHETHER THIS OBJECTION IS WELL FOUNDED IT IS APPROPRIATE TO EXAMINE WHETHER THE COMMUNITY IS LIABLE .
SUBSTANCE
11 THE MAIN COMPLAINT WHICH THE APPLICANT PUTS FORWARD AGAINST THE DEFENDANTS AMOUNTS TO CLAIMING THAT REGULATION NO 876/68 OF THE COUNCIL OF 28 JUNE 1968 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON MILK AND MILK PRODUCTS AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( OJ , ENGLISH SPECIAL EDITION , 1968 , ( I ), L 155 , P . 234 ) AND REGULATION NO 1041/67 OF THE COMMISSION OF 21 DECEMBER 1967 ON DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS ON PRODUCTS SUBJECT TO A SINGLE PRICE-SYSTEM ( OJ , ENGLISH SPECIAL EDITION , 1967 , L 314 , P . 323 ) MAKE PAYMENT OF THE ' VARIABLE ' REFUND DEPEND SOLELY ON THE REQUIREMENT OF PROOF OF ARRIVAL IN THE TERRITORY OF DESTINATION .
12 THE REASON WHY THE REFUND VARIES ACCORDING TO THE DESTINATION OF THE PRODUCTS IS , ACCORDING TO THE FOURTH RECITAL OF THE PREAMBLE TO REGULATION NO 876/68 THAT ' MARKETS IN THE COUNTRIES OF DESTINATION ARE AT ( VARYING ) DISTANCES FROM COMMUNITY MARKETS AND SPECIAL CONDITIONS APPLY TO IMPORTS IN CERTAIN COUNTRIES OF DESTINATION ' .
IT FOLLOWS FROM ARTICLE 4 AND THE RECITALS OF THE PREAMBLE TO THE AFOREMENTIONED REGULATION THAT THE AMOUNT OF THE REFUND DEPENDS ON THE CONDITIONS OF THE MARKET ON WHICH THE PRODUCT IN QUESTION IS TO BE PLACED AND AS A RESULT ON THE ACTUAL IMPORT OF THE PRODUCT INTO THE GIVEN COUNTRY OF DESTINATION .
13 IN THE ABOVEMENTIONED JUDGMENT OF 2 JUNE 1976 THE COURT RULED THAT ' IF IT SUFFICED FOR THE GOODS SIMPLY TO BE UNLOADED TO QUALIFY FOR PAYMENT OF