Simmenthal SpA v Commission of the European Communities.
Date: 1980-03-05
3 IT SHOULD BE BORNE IN MIND THAT THE COURT , BEFORE WHICH THE SAME APPLICANT INSTITUTED PROCEEDINGS AGAINST COMMISSION DECISION NO 78/258 OF 15 FEBRUARY 1978 ADOPTED FOR THE FIRST QUARTER OF 1978 IN CONNEXION WITH THE SPECIAL SELLING ARRANGEMENTS AS PROVIDED FOR IN ARTICLE 14 OF REGULATION NO 805/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 187 ), AS AMENDED BY COUNCIL REGULATION NO 425/77 OF 14 FEBRUARY 1977 ( OFFICIAL JOURNAL L 61 , P . 1 ), IN ITS JUDGMENT OF 6 MARCH 1979 IN CASE 92/78 (( 1979 ) ECR 777 ) FOUND IN FAVOUR OF THE APPLICANT BY DECLARING THE CONTESTED DECISION TO BE VOID .
4 IN PARAGRAPHS 108 TO 110 OF ITS DECISION IN THAT JUDGMENT THE COURT , HAVING DECIDED TO DECLARE THE CONTESTED DECISION TO BE VOID , NEVERTHELESS CONTINUED AS FOLLOWS :
CONSEQUENTLY THE COMMISSION , PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 176 OF THE EEC TREATY , HAS TO RECONSIDER THE PARTICULAR SITUATION OF THE APPLICANT AND ADOPT ANOTHER DECISION AFFECTING IT THROUGH THE COMPETENT INTERVENTION AGENCY .

IT WILL BE FOR THE COMMISSION TO ADOPT ITS DECISION WITH DUE REGARD TO THE GROUNDS OF THIS JUDGMENT AND ESPECIALLY AFTER TAKING ACCOUNT OF THE FACT THAT THE SYSTEM INTRODUCED BY THE NEW ARTICLE 14 OF REGULATION NO 805/68 MAY IN NO CIRCUMSTANCES HAVE THE EFFECT OF ENSURING THAT THE PROCESSING INDUSTRY BUYS INTERVENTION MEAT AT A PRICE LOWER THAN THE PRICE FOR REDUCING INTERVENTION AGENCY STOCKS USUALLY CHARGED AT THE RELEVANT TIME IN THE CASE OF MEAT OF THE QUALITIES IN QUESTION .

THEREFORE THE APPLICANT ' S TENDER SHOULD BE REJECTED IF IT APPEARS IT WAS BELOW THAT PRICE LEVEL .
9 THE COURT CONSIDERS THAT REASONING TO BE UNCONVINCING . TAKING INTO ACCOUNT THE PRIOR SITUATION OUTLINED ABOVE IT IS EVIDENT THAT THE APPLICANT , AS FROM THE DATE OF THE JUDGMENT OF 6 MARCH 1979 , AND AT THE LATEST AS FROM THE DATE OF THE DECISION ADOPTED BY THE COMMISSION IN IMPLEMENTATION OF THAT JUDGMENT , NO LONGER HAD AN INTEREST IN PROSECUTING THE PROCEEDINGS WHICH IT HAD INSTITUTED AGAINST THE COMMISSION ' S DECISION RELATING TO THE INVITATION TO TENDER FOR THE FOURTH QUARTER OF 1978 . IN FACT FROM THAT TIME ONWARDS THE APPLICANT COULD FORESEE WITH CERTAINTY THAT ITS TENDER , LIKE THAT RELATING TO THE FIRST QUARTER , WOULD BE REJECTED IN VIEW OF THE PRINCIPLES LAID DOWN BY THE ABOVE-MENTIONED JUDGMENT OF THE COURT .
10 THE ISSUE RAISED BY THE APPLICANT CONCERNING THE MEANING OF THE EXPRESSION ' ' PRICE FOR REDUCING INTERVENTION AGENCY STOCKS USUALLY CHARGED AT THE RELEVANT TIME ' '  IS SPECIOUS , SINCE IN THE CONTEXT OF THE JUDGMENT OF 6 MARCH 1979 IT IS ABSOLUTELY CLEAR THAT THAT EXPRESSION REFERS TO THE PRICE WHICH BUYERS ARE USUALLY CHARGED IN THE ABSENCE OF ANY PARTICULAR INTENDED PURPOSE FOR THE MEAT CONCERNED . THE PRICES MENTIONED BY THE APPLICANT REFER TO WHOLLY EXCEPTIONAL TRANSACTIONS IN THAT THEY RELATE TO SALES OF MEAT FOR SOCIAL PURPOSES OR OF GOODS WHICH , AS THEY WERE COMING TO THE END OF THE PERIOD DURING WHICH THEIR FRESHNESS COULD BE GUARANTEED , WERE DISPOSED OF AT A PARTICULARLY FAVOURABLE PRICE . PRICES CHARGES WHEN EXCEPTIONAL TRANSACTIONS OF THIS KIND ARE CONCLUDED CANNOT BE TAKEN AS THE ' ' USUAL ' '  PRICES FOR REDUCING STOCKS .