Société coopérative "Providence agricole de la Champagne" v Office national interprofessionnel des céréales (ONIC).
Date: 1980-10-15
28 THE DISCRETION WHICH THE COMMISSION MUST BE RECOGNIZED TO HAVE NEVERTHELESS HAS LIMITS . IF THE RESULT OF THE METHOD OF CALCULATION EMPLOYED IS PERSISTENTLY TO APPLY TO PROCESSED PRODUCTS COMPENSATORY AMOUNTS THE BURDEN OR , AS THE CASE MAY BE , THE BENEFIT OF WHICH CONTINUALLY EXCEEDS THE AMOUNT NECESSARY TO TAKE ACCOUNT OF THE INCIDENCE OF THE COMPENSATORY AMOUNT APPLICABLE TO THE BASIC PRODUCT , THE OBJECTIVE OF THE PROVISIONS ESTABLISHING THESE AMOUNTS MAY NO LONGER BE DEEMED TO NEUTRALIZE THE EFFECTS OF THE CURRENCY FLUCTUATIONS BETWEEN THE MEMBER STATES . IN THAT CASE THE COMMISSION NO LONGER ACTS WITHIN ITS POWERS UNDER REGULATION NO 974/71 .
41 THE REPLY TO THE QUESTION SUBMITTED SHOULD THEREFORE BE THAT BY ADOPTING IN VARIOUS SUCCESSIVE IMPLEMENTING REGULATIONS , IN PARTICULAR REGULATIONS NOS 1910/76 , 2466/76 AND 938/77 , A SYSTEM FOR THE CALCULATION OF THE MONETARY COMPENSATORY AMOUNTS ON PRODUCTS PROCESSED FROM MAIZE AND WHOSE PRICE DEPENDS ON THAT OF MAIZE , WHICH RESULTS IN ESTABLISHING FOR THE VARIOUS PRODUCTS OBTAINED BY PROCESSING A GIVEN QUANTITY OF MAIZE IN A SPECIFIC MANUFACTURING PROCESS MONETARY COMPENSATORY AMOUNTS THE SUM OF WHICH AMOUNTS TO A FIGURE CLEARLY IN EXCESS OF THAT OF THE MONETARY COMPENSATORY AMOUNT FIXED FOR THAT GIVEN QUANTITY OF MAIZE , THE COMMISSION HAS INFRINGED THE BASIC REGULATION , REGULATION NO 974/71 OF THE COUNCIL OF 12 MAY 1971 , AND ARTICLE 43 ( 3 ) OF THE TREATY .

C - CONSEQUENCES OF THE INVALIDITY
45 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 FIXING OF THE MONETARY COMPENSATORY AMOUNTS UNDER THE SYSTEM OF CALCULATION ADOPTED BY THE COMMISSION WITHOUT MAKING ASSESSMENTS WHICH THAT INSTITUTION ALONE IS REQUIRED TO MAKE UNDER REGULATION NO 974/71 , HAVING REGARD TO OTHER RELEVANT FACTORS , FOR EXAMPLE THE ALLOCATION OF THE MAXIMUM PERMISSIBLE AMOUNT AMONGST THE VARIOUS DERIVED OR DEPENDENT PRODUCTS .
46 FOR THESE REASONS IT MUST BE HELD THAT THE FACT THAT THE FIXING OF THE MONETARY COMPENSATORY AMOUNTS WHICH RESULT FROM THE SYSTEM OF CALCULATING THOSE COMPENSATORY AMOUNTS ON PRODUCTS PROCESSED FROM MAIZE CONTAINED IN     REGULATIONS NOS 1910/76 , 2466/76 AND 938/77 HAS BEEN FOUND INVALID DOES NOT ENABLE THE CHARGING OR PAYMENT OF MONETARY COMPENSATORY AMOUNTS BY THE NATIONAL AUTHORITIES ON THE BASIS OF THOSE REGULATIONS TO BE CHALLENGED AS REGARDS THE PERIOD PRIOR TO THE DATE OF THIS JUDGMENT .