Commission Regulation (EEC) No 994/88 of 15 April 1988 on the application of the countervailing charge pursuant to Regulation (EEC) No 2742/82 on protective measures applicable to imports of dried grapes

COMMISSION  REGULATION (EEC) No 994/88
of 15 April 1988
on the application of the countervailing charge pursuant to Regulation (EEC) No 2742/82 on protective measures applicable to imports of dried grapes
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 3909/87 (2), and in particular Article 18 thereof,
Whereas, in Case 77/86 (Dried grapes - proctective measures), the Court of Justice declared Commission Regulation (EEC) No 2742/82 (3) as subsequently amended, invalid insofar as it introduced a countervailing charge at a fixed rate equal to the difference between the minimum Community import price and the lowest price on the world market; whereas, with a view to ensuring that the abovementioned Judgement is applied properly, attention should be drawn to certain rules applicable to the reimbursement to the operators concerned of the countervailing charge paid, which may in certain cases turn out to be higher than that legally due pursuant to the jugdment of the Court; whereas it should in particular be stated that incorrect amounts must be reimbursed in accordance with Council Regulation (EEC) No 1430/79 of 2 July 1979 on the repayment or remission of import or export duties (4), as last amended by Regulation (EEC) No 3069/86 (5), in particular as regards the conditions for the submission of applications laid down in Article 2 thereof,