A. Racke v Hauptzollamt Mainz.
Date: 1979-01-25
5AS THE COURT HAS ALREADY STATED IN SEVERAL JUDGMENTS , SINCE THE  EVALUATION OF A COMPLEX ECONOMIC SITUATION IS INVOLVED , THE COMMISSION AND THE MANAGEMENT COMMITTEE ENJOY , IN THIS RESPECT , A WIDE MEASURE OF DISCRETION .

IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST EXAMINE WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .
15ARTICLE 191 OF THE TREATY PROVIDES THAT REGULATIONS SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE COMMUNITY . THEY SHALL ENTER INTO FORCE ON THE DATE SPECIFIED IN THEM OR , IN THE ABSENCE THEREOF , ON THE TWENTIETH DAY FOLLOWING THEIR PUBLICATION .

THE OFFICIAL JOURNAL IS PUBLISHED BY THE OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES , SITUATED IN LUXEMBOURG , WHICH HAS RECEIVED FORMAL INSTRUCTIONS FROM THE COUNCIL INTENDED TO ENSURE THAT THE DATE OF PUBLICATION BORNE BY EACH ISSUE OF THE OFFICIAL JOURNAL CORRESPONDS TO THE DATE ON WHICH THAT ISSUE IS IN FACT AVAILABLE TO THE PUBLIC IN ALL THE LANGUAGES AT THE SAID OFFICE .

THESE PROVISIONS GIVE RISE TO A PRESUMPTION THAT THE DATE OF PUBLICATION IS IN FACT THE DATE APPEARING ON EACH ISSUE OF THE OFFICIAL JOURNAL .

HOWEVER , SHOULD EVIDENCE BE PRODUCED THAT THE DATE ON WHICH AN ISSUE WAS IN FACT AVAILABLE DOES NOT CORRESPOND TO THE DATE WHICH APPEARS ON THAT ISSUE , REGARD MUST BE HAD TO THE DATE OF ACTUAL PUBLICATION .

A FUNDAMENTAL PRINCIPLE IN THE COMMUNITY LEGAL ORDER REQUIRES THAT A MEASURE ADOPTED BY THE PUBLIC AUTHORITIES SHALL NOT BE APPLICABLE TO THOSE CONCERNED BEFORE THEY HAVE THE OPPORTUNITY TO MAKE THEMSELVES ACQUAINTED WITH IT .
16AS REGARDS THE LAST ALTERNATIVE IN THE QUESTION SUBMITTED , IT IS IMPORTANT THAT THE DATE ON WHICH A REGULATION IS TO BE REGARDED AS PUBLISHED SHOULD NOT VARY ACCORDING TO THE AVAILABILITY OF THE OFFICIAL JOURNAL OF THE COMMUNITIES IN THE TERRITORY OF EACH MEMBER STATE .

THE UNITY AND UNIFORM APPLICATION OF COMMUNITY LAW REQUIRE THAT , SAVE AS OTHERWISE EXPRESSLY PROVIDED , A REGULATION SHOULD ENTER INTO FORCE ON THE SAME DATE IN ALL THE MEMBER STATES , REGARDLESS OF ANY DELAYS WHICH MAY ARISE IN SPITE OF EFFORTS TO ENSURE RAPID DISTRIBUTION OF THE OFFICIAL JOURNAL THROUGHOUT THE COMMUNITY .
17THEREFORE THE ANSWER TO THE QUESTION RAISED SHOULD BE THAT ARTICLE 191 OF THE EEC TREATY MUST BE INTERPRETED TO MEAN THAT , IN THE ABSENCE OF EVIDENCE TO THE CONTRARY , A REGULATION IS TO BE REGARDED AS PUBLISHED THROUGHOUT THE COMMUNITY ON THE DATE BORNE BY THE ISSUE OF THE OFFICIAL JOURNAL CONTAINING THE TEXT OF THAT REGULATION .

QUESTIONS 3 AND 4
20ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

AS REGARDS MONETARY COMPENSATORY AMOUNTS IN PARTICULAR THE SYSTEM INTRODUCED BY REGULATION NO 974/71 IMPLIES IN PRINCIPLE THAT THE MEASURES ADOPTED TAKE EFFECT AS FROM THE OCCURRENCE OF THE EVENTS WHICH GIVE RISE TO THEM , SO THAT IN ORDER TO MAKE THEM FULLY EFFECTIVE IT MAY BE NECESSARY TO PROVIDE FOR THE APPLICABILITY OF NEWLY-FIXED MONETARY COMPENSATORY AMOUNTS TO FACTS AND EVENTS WHICH OCCURRED SHORTLY BEFORE THE PUBLICATION OF THE REGULATION FIXING THEM IN THE OFFICIAL JOURNAL .

IT IS INHERENT IN THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS THAT TRADERS MUST EXPECT ANY APPRECIABLE CHANGE IN THE MONETARY SITUATION POSSIBLY TO ENTAIL THE EXTENSION OF THE SYSTEM TO NEW CATEGORIES OF GOODS AND THE FIXING OF NEW AMOUNTS .

IN THIS CASE , ON THE DATE LAID DOWN FOR THE APPLICABILITY OF THE NEW AMOUNTS , THE COMMISSION ADOPTED SPECIAL MEASURES FOR THEM TO BE BROUGHT TO THE ATTENTION OF THE VARIOUS SECTORS OF INDUSTRY CONCERNED .

THE APPLICABILITY OF REGULATION NO 649/73 TO EVENTS OCCURRING AS FROM 26 FEBRUARY 1973 , THAT IS TO SAY DURING A PERIOD OF TWO WEEKS BEFORE ITS ACTUAL PUBLICATION , WAS THEREFORE NOT SUCH AS TO JEOPARDIZE EXPECTATIONS DESERVING PROTECTION .

IN THE LIGHT OF THIS FINDING IN RELATION TO REGULATION NO 649/73 , AND HAVING REGARD TO THE EXTRAORDINARY SITUATION PREVAILING AT THE TIME , NO OVERRIDING CONSIDERATION PERTAINING TO LEGAL CERTAINTY PREVENTS REGULATION NO 741/73 , ADOPTED ON 5 MARCH 1973 , FROM ALTERING THE MONETARY COMPENSATORY AMOUNTS RESULTING FROM THE AFOREMENTIONED REGULATION FROM BEING GIVEN EFFECT AS FROM 5 MARCH 1973 , NOTWITHSTANDING THE FACT THAT REGULATION NO 649/73 HAD NOT YET BEEN PUBLISHED IN THE OFFICIAL JOURNAL .