SA Roquette Frères v French State - Customs Administration.
Date: 1980-10-15
2 PROCEEDINGS WERE INSTITUTED BEFORE THE TRIBUNAL D ' INSTANCE , LILLE , AGAINST THE FRENCH STATE , CUSTOMS ADMINISTRATION , BY ROQUETTE FRERES SA FOR REIMBURSEMENT OF THE SUMS OVERCHARGED BY THE CUSTOMS AUTHORITIES BY WAY OF MONETARY COMPENSATORY AMOUNTS SINCE 25 MARCH 1976 , THE DATE ON WHICH COMMISSION REGULATION ( EEC ) NO 652/76 OF 24 MARCH 1976 CHANGING THE MONETARY COMPENSATORY AMOUNTS FOLLOWING CHANGES IN EXCHANGE RATES FOR THE FRENCH FRANC ( OFFICIAL JOURNAL 1976 L 79 , P . 4 ) CAME INTO FORCE .
48 IT FOLLOWS FROM THE REPLIES GIVEN TO THE FIRST , SECOND , THIRD AND FOURTH QUESTIONS THAT REGULATION NO 652/76 IS INVALID :
- IN SO FAR AS IT FIXES THE COMPENSATORY AMOUNTS APPLICABLE TO MAIZE STARCH ON A BASIS OTHER THAN THAT OF THE INTERVENTION PRICE OF MAIZE AFTER DEDUCTION OF THE PRODUCTION REFUND ON STARCH ;

- IN SO FAR AS IT FIXES THE COMPENSATORY AMOUNTS APPLICABLE TO WHEAT STARCH ON A BASIS OTHER THAN THAT OF THE REFERENCE PRICE OF WHEAT AFTER DEDUCTION OF THE PRODUCTION REFUND ON STARCH ;

- IN SO FAR AS IT FIXES THE COMPENSATORY AMOUNTS APPLICABLE TO ALL THE DIFFERENT PRODUCTS OBTAINED BY THE PROCESSING OF A GIVEN QUANTITY OF THE SAME BASIC PRODUCT , SUCH AS MAIZE OR WHEAT , IN A SPECIFIED MANUFACTURING     PROCESS AT A FIGURE CLEARLY HIGHER THAN THE COMPENSATORY AMOUNT FIXED FOR THAT GIVEN QUANTITY OF THE BASIC PRODUCT ; AND
- IN SO FAR AS IT FIXES COMPENSATORY AMOUNTS APPLICABLE TO POTATO STARCH WHICH EXCEED THOSE APPLICABLE TO MAIZE STARCH .
51 ALTHOUGH THE TREATY DOES NOT EXPRESSLY LAY DOWN THE CONSEQUENCES WHICH FLOW FROM A DECLARATION OF INVALIDITY WITHIN THE FRAMEWORK OF A REFERENCE TO THE COURT FOR A PRELIMINARY RULING , ARTICLES 174 AND 176 CONTAIN CLEAR RULES AS TO THE EFFECTS OF THE ANNULMENT OF A REGULATION WITHIN THE FRAMEWORK OF A DIRECT ACTION . THUS ARTICLE 176 PROVIDES THAT THE INSTITUTION WHOSE ACT HAS BEEN DECLARED VOID SHALL BE REQUIRED TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE JUDGMENT OF THE COURT OF JUSTICE . IN ITS JUDGMENTS OF 19 OCTOBER 1977 IN JOINED CASES 117/76 AND 16/77 ( ALBERT RUCKDESCHEL & CO . AND HANSA-LAGERHAUS STROH & CO . ( 1977 ) ECR 1753 ) AND IN JOINED CASES 124/76 AND 20/77 ( MOULINS ET HUILERIES DE PONT-A-MOUSSON AND PROVIDENCE AGRICOLE DE LA CHAMPAGNE , ( 1977 ) ECR 1795 ) THE COURT HAS ALREADY REFERRED TO THAT RULE WITHIN THE CONTEXT OF A REFERENCE TO IT FOR A PRELIMINARY RULING .
52 IN THIS CASE IT IS NECESSARY TO APPLY BY ANALOGY THE SECOND PARAGRAPH OF ARTICLE 174 OF THE TREATY , WHEREBY THE COURT OF JUSTICE MAY STATE WHICH OF THE EFFECTS OF THE REGULATION WHICH IT HAS DECLARED VOID SHALL BE CONSIDERED AS DEFINITIVE , FOR THE SAME REASONS OF LEGAL CERTAINTY AS THOSE WHICH FORM THE BASIS OF THAT PROVISION . ON THE ONE HAND THE INVALIDITY OF THE REGULATION IN THIS CASE MIGHT GIVE RISE TO THE RECOVERY OF SUMS PAID BUT NOT OWED BY THE UNDERTAKINGS CONCERNED IN COUNTRIES WITH DEPRECIATED CURRENCIES AND BY THE NATIONAL AUTHORITIES IN QUESTION IN COUNTRIES WITH HARD CURRENCIES WHICH , IN VIEW OF THE LACK OF UNIFORMITY OF THE RELEVANT NATIONAL LEGISLATION , WOULD BE CAPABLE OF CAUSING CONSIDERABLE DIFFERENCES IN TREATMENT , THEREBY CAUSING     FURTHER DISTORTION IN COMPETITION . ON THE OTHER HAND , IT IS IMPOSSIBLE TO APPRAISE THE ECONOMIC DISADVANTAGES RESULTING FROM THE INVALIDITY OF THE PROVISIONS OF THE REGULATIONS IN QUESTION WITHOUT MAKING ASSESSMENTS WHICH THE COMMISSION ALONE IS REQUIRED TO MAKE UNDER REGULATION NO 974/71 , HAVING REGARD TO OTHER RELEVANT FACTORS , FOR EXAMPLE THE APPLICATION OF THE ' ' GREEN RATE ' '  TO THE PRODUCTION REFUND .
53 FOR THESE REASONS IT MUST BE HELD THAT THE FACT THAT THE PROVISIONS OF THE REGULATIONS IN QUESTION HAVE BEEN FOUND INVALID DOES NOT ENABLE THE CHARGING OR THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS BY THE NATIONAL AUTHORITIES ON THE BASIS OF THOSE PROVISIONS TO BE CHALLENGED AS REGARDS THE PERIOD PRIOR TO THE DATE OF THIS JUDGMENT .

THE DEFAULT INTEREST ( SEVENTH QUESTION )