Protokół zmian strony SprawaETS9878
Dodane:
CategoryPrawoEuropejskieOrzecznictwo CategoryPrawoCelneOrzecznictwo
Usunięte:
Dodane:
- REGULATION NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 ALTERING THE MONTARY COMPENSATORY AMOUNTS (OJ L 71 OF 19 MARCH 1973, P. 1)
Usunięte:
Dodane:
====Orzeczenie Trybunału Sprawiedliwości Wspólnot Europejskich z dnia 25 stycznia 1979 r.====
((1)) Publikacja:
Treść orzeczenia dostępna jest:
* w "Zbiorze Orzeczeń Trybunału i Sądu Pierwszej Instancji" 1979 r. str. 69
* w bazie LexPolonica nr 1154140
* na stronie EUR-Lex [[http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61978J0098 tutaj]] (na dzień 20.10.2008 brak jest orzeczenia w j.polskim)
//Teksty wyroków, postanowień, opinii i komunikatów zamieszczone na stronie ETS mogą ulec zmianie; tekstami jedynie wiążącymi są wersje opublikowane w „Zbiorze Orzeczeń Trybunału i Sądu Pierwszej Instancji” i w „Dzienniku Urzędowym Unii Europejskiej”.//
((1)) Zawartość
((2)) Treść orzeczenia
//Źródłem tekstu orzeczenia jest strona ETS podana powyżej.//
**1**
BY AN ORDER OF 21 MARCH 1978 WHICH WAS RECEIVED AT THE COURT ON 26 APRIL 1978 THE BUNDESFINANZHOF PURSUANT TO ARTICLE 177 OF THE EEC TREATY REFERRED TO THE COURT CERTAIN QUESTIONS RELATING , ON THE ONE HAND , TO THE VALIDITY OF CERTAIN REGULATIONS CONCERNING MONETARY COMPENSATORY AMOUNTS IN THE WINE SECTOR AND , ON THE OTHER HAND , TO THE INTERPRETATION OF ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) AS WELL AS TO THE SCOPE OF THE REGULATIONS AT ISSUE WITH REGARD TO THEIR ENTRY INTO FORCE.
**2**
THE FIRST QUESTION RAISED BY THE BUNDESFINANZHOF IS WORDED AS FOLLOWS:
**3**
ANNEX I, NO 6, TO REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS (OJ L 64 OF 9 MARCH 1973, P. 7) FOR THE FIRST TIME EXTENDED THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS TO WINE OF THE TYPE IN QUESTION, AND REGULATIONS NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 (OJ L 71 OF 19 MARCH 1973, P. 1) AND NO 811/73 OF THE COMMISSION OF 23 MARCH 1973 (OJ L 79 OF 27 MARCH 1973, P. 1) ADJUSTED THE AMOUNTS TO CHANGES IN THE EXCHANGE RATES.
**4**
IN THIS CONNEXION, IT IS FOR THE COMMISSION, ACTING ACCORDING TO THE PROCEDURE KNOWN AS THE MANAGEMENT COMMITTEE PROCEDURE, TO DECIDE AS TO THE EXISTENCE OF A RISK OF DISTURBANCE.
**5**
AS 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 .
**6**
IN THE COURSE OF THE PROCEDURE, THE COMMISSION STATED THE FACTS WHICH, IN ITS ASSESSMENT, JUSTIFIED THE MEASURE ADOPTED.
**7**
HOWEVER, THE APPELLANT IN THE MAIN ACTION ACCUSES THE COMMISSION OF HAVING FAILED TO OBSERVE CERTAIN MORE SPECIFIC CONDITIONS RESULTING FROM THOSE RULES.
**8**
THIS GROUND OF COMPLAINT CANNOT BE UPHELD, BECAUSE, AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 24 OCTOBER 1973 (CASE 5/73 BALKAN-IMPORT-EXPORT GMBH (1973) ECR 1091), THE PRACTICABILITY OF THE COMPENSATORY AMOUNTS SYSTEM REQUIRES GENERAL RULES WHICH APPLY TO ALL IMPORTS OR EXPORTS AND WHICH DO NOT TAKE ACCOUNT OF PARTICULAR DETAILS IN CONTRACTS SUCH AS THE CURRENCY IN WHICH THEY WERE CONCLUDED OR THE TIME AT WHICH THEY WERE CONCLUDED .
**9**
THE APPELLANT IN THE MAIN ACTION ALSO ARGUES THAT THE CHARGING OF MONETARY COMPENSATORY AMOUNTS ON IMPORTS OF WINE FROM NON-MEMBER COUNTRIES IS UNJUSTIFIED IN CASES, SUCH AS THE PRESENT ONE, WHERE IMPORTATION IS SUBJECT TO OBSERVANCE OF THE REFERENCE PRICE OR TO THE CHARGING OF A LEVY UNDER ARTICLE 9 OF REGULATION NO 816/70 OF THE COUNCIL OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE (OJ, ENGLISH SPECIAL EDITION 1970 (I), P. 234).
**10**
HOWEVER, THAT ARGUMENT IGNORES THE DIFFERENCE WHICH EXISTS BETWEEN THE FUNCTIONS OF THE REFERENCE PRICE SYSTEM AND THOSE OF THE MONETARY COMPENSATORY AMOUNTS SYSTEM.
**11**
THE APPELLANT IN THE MAIN ACTION ARGUES FINALLY THAT IT IS UNJUSTIFIED TO APPLY THE MONETARY COMPENSATORY AMOUNTS SYSTEM TO QUALITY WINE COMING FROM NON-MEMBER COUNTRIES.
**12**
HOWEVER, THIS LINE OF ARGUMENT DOES NOT TAKE ACCOUNT OF THE PRECISE MEANING OF THESE CONCEPTS AS IT EMERGES FROM THE COMMUNITY RULES IN THE WINE SECTOR.
**13**
THEREFORE THE ANSWER SHOULD BE THAT CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 649/73 OF THE COMMISSION OF 1 MARCH 1973, NO 741/73 OF 5 MARCH 1973 AND NO 811/73 OF 23 MARCH 1973 IN SO FAR AS THEY FIXED MONETARY COMPENSATORY AMOUNTS APPLICABLE TO RED AND WHITE WINE FALLING WITHIN TARIFF SUBHEADING 22.05 C I AND C II IMPORTED FROM NON-MEMBER COUNTRIES.
**14**
THE SECOND QUESTION IS IN THE FOLLOWING TERMS:
**15**
ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) 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.
**16**
AS 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.
**17**
THEREFORE 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.
**18**
QUESTIONS 3 AND 4 ARE WORDED AS FOLLOWS:
**19**
THE FIRST PARAGRAPH OF ARTICLE 3 OF REGULATION NO 649/73 OF 1 MARCH 1973 PROVIDED THAT THAT REGULATION WAS TO ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL; HOWEVER, THAT REGULATION WAS PUBLISHED IN AN ISSUE OF THE OFFICIAL JOURNAL WHICH, ALTHOUGH BEARING THE DATE 9 MARCH 1973, WAS NOT IN FACT AVAILABLE AT THE SEAT OF THE OFFICE FOR OFFICIAL PUBLICATIONS, ACCORDING TO THE STATEMENT OF THE OFFICE ITSELF, UNTIL 12 MARCH 1973, UPON WHICH DATE IT MUST BE DEEMED TO HAVE ENTERED INTO FORCE.
**20**
ALTHOUGH 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.
**21**
THEREFORE THE ANSWER SHOULD BE THAT CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 649/73 OF 1 MARCH 1973 AND NO 741/73 OF 5 MARCH 1973 IN SO FAR AS THEY WERE MADE APPLICABLE FROM 26 FEBRUARY 1973 AND 5 MARCH 1973 RESPECTIVELY .
**22**
THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE.
((2)) Cytowane artykuły
Orzeczenie przywołuje następujące przepisy:
- Traktat EWG - art. 177 (obecnie {{pu przepis="art. 234 TWE"}}), art. 191 (obecnie {{pu przepis="art. 254 TWE"}}) -
- REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS (OJ L 64 OF 9 MARCH 1973, P. 7)
- REGULATION NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 ALTERING THE MONTARY COMPENSATORY AMOUNTS (OJ L 71 OF 19 MARCH 1973, P. 1)
- REGULATION NO 811/73 OF THE COMMISSION OF 23 MARCH 1973 ALTERING THE MONETARY COMPENSATORY AMOUNTS (OJ L 79 OF 27 MARCH 1973, P. 1)
((2)) Powołane orzeczenia
Orzeczenie przywołuje następujące orzeczenia:
- Orzeczenie z dnia 24 października 1973 (sprawa 5/73 BALKAN-IMPORT-EXPORT GMBH (1973), Rec. 1091)
((2)) Zagadnienia
Orzeczenie porusza następujące zagadnienia:
- data publikacji
- obowiązywanie aktów nieopublikowanych
((1)) Omówienie
((1)) Publikacja:
Treść orzeczenia dostępna jest:
* w "Zbiorze Orzeczeń Trybunału i Sądu Pierwszej Instancji" 1979 r. str. 69
* w bazie LexPolonica nr 1154140
* na stronie EUR-Lex [[http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61978J0098 tutaj]] (na dzień 20.10.2008 brak jest orzeczenia w j.polskim)
//Teksty wyroków, postanowień, opinii i komunikatów zamieszczone na stronie ETS mogą ulec zmianie; tekstami jedynie wiążącymi są wersje opublikowane w „Zbiorze Orzeczeń Trybunału i Sądu Pierwszej Instancji” i w „Dzienniku Urzędowym Unii Europejskiej”.//
((1)) Zawartość
((2)) Treść orzeczenia
//Źródłem tekstu orzeczenia jest strona ETS podana powyżej.//
**1**
BY AN ORDER OF 21 MARCH 1978 WHICH WAS RECEIVED AT THE COURT ON 26 APRIL 1978 THE BUNDESFINANZHOF PURSUANT TO ARTICLE 177 OF THE EEC TREATY REFERRED TO THE COURT CERTAIN QUESTIONS RELATING , ON THE ONE HAND , TO THE VALIDITY OF CERTAIN REGULATIONS CONCERNING MONETARY COMPENSATORY AMOUNTS IN THE WINE SECTOR AND , ON THE OTHER HAND , TO THE INTERPRETATION OF ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) AS WELL AS TO THE SCOPE OF THE REGULATIONS AT ISSUE WITH REGARD TO THEIR ENTRY INTO FORCE.
**2**
THE FIRST QUESTION RAISED BY THE BUNDESFINANZHOF IS WORDED AS FOLLOWS:
**3**
ANNEX I, NO 6, TO REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS (OJ L 64 OF 9 MARCH 1973, P. 7) FOR THE FIRST TIME EXTENDED THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS TO WINE OF THE TYPE IN QUESTION, AND REGULATIONS NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 (OJ L 71 OF 19 MARCH 1973, P. 1) AND NO 811/73 OF THE COMMISSION OF 23 MARCH 1973 (OJ L 79 OF 27 MARCH 1973, P. 1) ADJUSTED THE AMOUNTS TO CHANGES IN THE EXCHANGE RATES.
**4**
IN THIS CONNEXION, IT IS FOR THE COMMISSION, ACTING ACCORDING TO THE PROCEDURE KNOWN AS THE MANAGEMENT COMMITTEE PROCEDURE, TO DECIDE AS TO THE EXISTENCE OF A RISK OF DISTURBANCE.
**5**
AS 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 .
**6**
IN THE COURSE OF THE PROCEDURE, THE COMMISSION STATED THE FACTS WHICH, IN ITS ASSESSMENT, JUSTIFIED THE MEASURE ADOPTED.
**7**
HOWEVER, THE APPELLANT IN THE MAIN ACTION ACCUSES THE COMMISSION OF HAVING FAILED TO OBSERVE CERTAIN MORE SPECIFIC CONDITIONS RESULTING FROM THOSE RULES.
**8**
THIS GROUND OF COMPLAINT CANNOT BE UPHELD, BECAUSE, AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 24 OCTOBER 1973 (CASE 5/73 BALKAN-IMPORT-EXPORT GMBH (1973) ECR 1091), THE PRACTICABILITY OF THE COMPENSATORY AMOUNTS SYSTEM REQUIRES GENERAL RULES WHICH APPLY TO ALL IMPORTS OR EXPORTS AND WHICH DO NOT TAKE ACCOUNT OF PARTICULAR DETAILS IN CONTRACTS SUCH AS THE CURRENCY IN WHICH THEY WERE CONCLUDED OR THE TIME AT WHICH THEY WERE CONCLUDED .
**9**
THE APPELLANT IN THE MAIN ACTION ALSO ARGUES THAT THE CHARGING OF MONETARY COMPENSATORY AMOUNTS ON IMPORTS OF WINE FROM NON-MEMBER COUNTRIES IS UNJUSTIFIED IN CASES, SUCH AS THE PRESENT ONE, WHERE IMPORTATION IS SUBJECT TO OBSERVANCE OF THE REFERENCE PRICE OR TO THE CHARGING OF A LEVY UNDER ARTICLE 9 OF REGULATION NO 816/70 OF THE COUNCIL OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE (OJ, ENGLISH SPECIAL EDITION 1970 (I), P. 234).
**10**
HOWEVER, THAT ARGUMENT IGNORES THE DIFFERENCE WHICH EXISTS BETWEEN THE FUNCTIONS OF THE REFERENCE PRICE SYSTEM AND THOSE OF THE MONETARY COMPENSATORY AMOUNTS SYSTEM.
**11**
THE APPELLANT IN THE MAIN ACTION ARGUES FINALLY THAT IT IS UNJUSTIFIED TO APPLY THE MONETARY COMPENSATORY AMOUNTS SYSTEM TO QUALITY WINE COMING FROM NON-MEMBER COUNTRIES.
**12**
HOWEVER, THIS LINE OF ARGUMENT DOES NOT TAKE ACCOUNT OF THE PRECISE MEANING OF THESE CONCEPTS AS IT EMERGES FROM THE COMMUNITY RULES IN THE WINE SECTOR.
**13**
THEREFORE THE ANSWER SHOULD BE THAT CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 649/73 OF THE COMMISSION OF 1 MARCH 1973, NO 741/73 OF 5 MARCH 1973 AND NO 811/73 OF 23 MARCH 1973 IN SO FAR AS THEY FIXED MONETARY COMPENSATORY AMOUNTS APPLICABLE TO RED AND WHITE WINE FALLING WITHIN TARIFF SUBHEADING 22.05 C I AND C II IMPORTED FROM NON-MEMBER COUNTRIES.
**14**
THE SECOND QUESTION IS IN THE FOLLOWING TERMS:
**15**
ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) 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.
**16**
AS 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.
**17**
THEREFORE 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.
**18**
QUESTIONS 3 AND 4 ARE WORDED AS FOLLOWS:
**19**
THE FIRST PARAGRAPH OF ARTICLE 3 OF REGULATION NO 649/73 OF 1 MARCH 1973 PROVIDED THAT THAT REGULATION WAS TO ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL; HOWEVER, THAT REGULATION WAS PUBLISHED IN AN ISSUE OF THE OFFICIAL JOURNAL WHICH, ALTHOUGH BEARING THE DATE 9 MARCH 1973, WAS NOT IN FACT AVAILABLE AT THE SEAT OF THE OFFICE FOR OFFICIAL PUBLICATIONS, ACCORDING TO THE STATEMENT OF THE OFFICE ITSELF, UNTIL 12 MARCH 1973, UPON WHICH DATE IT MUST BE DEEMED TO HAVE ENTERED INTO FORCE.
**20**
ALTHOUGH 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.
**21**
THEREFORE THE ANSWER SHOULD BE THAT CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 649/73 OF 1 MARCH 1973 AND NO 741/73 OF 5 MARCH 1973 IN SO FAR AS THEY WERE MADE APPLICABLE FROM 26 FEBRUARY 1973 AND 5 MARCH 1973 RESPECTIVELY .
**22**
THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE.
((2)) Cytowane artykuły
Orzeczenie przywołuje następujące przepisy:
- Traktat EWG - art. 177 (obecnie {{pu przepis="art. 234 TWE"}}), art. 191 (obecnie {{pu przepis="art. 254 TWE"}}) -
- REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS (OJ L 64 OF 9 MARCH 1973, P. 7)
- REGULATION NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 ALTERING THE MONTARY COMPENSATORY AMOUNTS (OJ L 71 OF 19 MARCH 1973, P. 1)
- REGULATION NO 811/73 OF THE COMMISSION OF 23 MARCH 1973 ALTERING THE MONETARY COMPENSATORY AMOUNTS (OJ L 79 OF 27 MARCH 1973, P. 1)
((2)) Powołane orzeczenia
Orzeczenie przywołuje następujące orzeczenia:
- Orzeczenie z dnia 24 października 1973 (sprawa 5/73 BALKAN-IMPORT-EXPORT GMBH (1973), Rec. 1091)
((2)) Zagadnienia
Orzeczenie porusza następujące zagadnienia:
- data publikacji
- obowiązywanie aktów nieopublikowanych
((1)) Omówienie
Usunięte:
Publikacja:
Zbiór Orzecznictwa z 1979 r., str. 69
[[http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61978J0098 Wyrok ETS 98/78]]
LexPolonica nr 1154140
**1** BY AN ORDER OF 21 MARCH 1978 WHICH WAS RECEIVED AT THE COURT ON 26 APRIL 1978 THE BUNDESFINANZHOF PURSUANT TO ARTICLE 177 OF THE EEC TREATY REFERRED TO THE COURT CERTAIN QUESTIONS RELATING , ON THE ONE HAND , TO THE VALIDITY OF CERTAIN REGULATIONS CONCERNING MONETARY COMPENSATORY AMOUNTS IN THE WINE SECTOR AND , ON THE OTHER HAND , TO THE INTERPRETATION OF ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) AS WELL AS TO THE SCOPE OF THE REGULATIONS AT ISSUE WITH REGARD TO THEIR ENTRY INTO FORCE.
**2** THE FIRST QUESTION RAISED BY THE BUNDESFINANZHOF IS WORDED AS FOLLOWS:
**3** ANNEX I, NO 6, TO REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS (OJ L 64 OF 9 MARCH 1973, P. 7) FOR THE FIRST TIME EXTENDED THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS TO WINE OF THE TYPE IN QUESTION, AND REGULATIONS NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 (OJ L 71 OF 19 MARCH 1973, P. 1) AND NO 811/73 OF THE COMMISSION OF 23 MARCH 1973 (OJ L 79 OF 27 MARCH 1973, P. 1) ADJUSTED THE AMOUNTS TO CHANGES IN THE EXCHANGE RATES.
**4** IN THIS CONNEXION, IT IS FOR THE COMMISSION, ACTING ACCORDING TO THE PROCEDURE KNOWN AS THE MANAGEMENT COMMITTEE PROCEDURE, TO DECIDE AS TO THE EXISTENCE OF A RISK OF DISTURBANCE.
**5** AS 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 .
**6** IN THE COURSE OF THE PROCEDURE, THE COMMISSION STATED THE FACTS WHICH, IN ITS ASSESSMENT, JUSTIFIED THE MEASURE ADOPTED.
**7** HOWEVER, THE APPELLANT IN THE MAIN ACTION ACCUSES THE COMMISSION OF HAVING FAILED TO OBSERVE CERTAIN MORE SPECIFIC CONDITIONS RESULTING FROM THOSE RULES.
**8** THIS GROUND OF COMPLAINT CANNOT BE UPHELD, BECAUSE, AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 24 OCTOBER 1973 (CASE 5/73 BALKAN-IMPORT-EXPORT GMBH (1973) ECR 1091), THE PRACTICABILITY OF THE COMPENSATORY AMOUNTS SYSTEM REQUIRES GENERAL RULES WHICH APPLY TO ALL IMPORTS OR EXPORTS AND WHICH DO NOT TAKE ACCOUNT OF PARTICULAR DETAILS IN CONTRACTS SUCH AS THE CURRENCY IN WHICH THEY WERE CONCLUDED OR THE TIME AT WHICH THEY WERE CONCLUDED .
**9** THE APPELLANT IN THE MAIN ACTION ALSO ARGUES THAT THE CHARGING OF MONETARY COMPENSATORY AMOUNTS ON IMPORTS OF WINE FROM NON-MEMBER COUNTRIES IS UNJUSTIFIED IN CASES, SUCH AS THE PRESENT ONE, WHERE IMPORTATION IS SUBJECT TO OBSERVANCE OF THE REFERENCE PRICE OR TO THE CHARGING OF A LEVY UNDER ARTICLE 9 OF REGULATION NO 816/70 OF THE COUNCIL OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE (OJ, ENGLISH SPECIAL EDITION 1970 (I), P. 234).
**10** HOWEVER, THAT ARGUMENT IGNORES THE DIFFERENCE WHICH EXISTS BETWEEN THE FUNCTIONS OF THE REFERENCE PRICE SYSTEM AND THOSE OF THE MONETARY COMPENSATORY AMOUNTS SYSTEM.
**11** THE APPELLANT IN THE MAIN ACTION ARGUES FINALLY THAT IT IS UNJUSTIFIED TO APPLY THE MONETARY COMPENSATORY AMOUNTS SYSTEM TO QUALITY WINE COMING FROM NON-MEMBER COUNTRIES.
**12** HOWEVER, THIS LINE OF ARGUMENT DOES NOT TAKE ACCOUNT OF THE PRECISE MEANING OF THESE CONCEPTS AS IT EMERGES FROM THE COMMUNITY RULES IN THE WINE SECTOR.
**13** THEREFORE THE ANSWER SHOULD BE THAT CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 649/73 OF THE COMMISSION OF 1 MARCH 1973, NO 741/73 OF 5 MARCH 1973 AND NO 811/73 OF 23 MARCH 1973 IN SO FAR AS THEY FIXED MONETARY COMPENSATORY AMOUNTS APPLICABLE TO RED AND WHITE WINE FALLING WITHIN TARIFF SUBHEADING 22.05 C I AND C II IMPORTED FROM NON-MEMBER COUNTRIES.
**14**THE SECOND QUESTION IS IN THE FOLLOWING TERMS:
**15** ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) 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.
**16** AS 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.
**17** THEREFORE 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.
**18** QUESTIONS 3 AND 4 ARE WORDED AS FOLLOWS:
**19** THE FIRST PARAGRAPH OF ARTICLE 3 OF REGULATION NO 649/73 OF 1 MARCH 1973 PROVIDED THAT THAT REGULATION WAS TO ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL; HOWEVER, THAT REGULATION WAS PUBLISHED IN AN ISSUE OF THE OFFICIAL JOURNAL WHICH, ALTHOUGH BEARING THE DATE 9 MARCH 1973, WAS NOT IN FACT AVAILABLE AT THE SEAT OF THE OFFICE FOR OFFICIAL PUBLICATIONS, ACCORDING TO THE STATEMENT OF THE OFFICE ITSELF, UNTIL 12 MARCH 1973, UPON WHICH DATE IT MUST BE DEEMED TO HAVE ENTERED INTO FORCE.
**20** ALTHOUGH 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.
**21** THEREFORE THE ANSWER SHOULD BE THAT CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATIONS NO 649/73 OF 1 MARCH 1973 AND NO 741/73 OF 5 MARCH 1973 IN SO FAR AS THEY WERE MADE APPLICABLE FROM 26 FEBRUARY 1973 AND 5 MARCH 1973 RESPECTIVELY .
**22** THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE.
Dodane:
CategoryOrzecznictwo CategoryPrawoEuropejskieOrzecznictwo CategoryPrawoCelneOrzecznictwo
Usunięte:
Dodane:
CategoryOrzecznictwo CategoryPrawoEuropejskieOrzecznictwo CategoryPrawoCelne
Usunięte:
Wersja [4492]
Czas edycji: 2008-10-16 12:21:13. Autor: MarcinKrzymuski [poprawiłem kategorie + kolor]Dodane:
IN THIS CONNEXION IT IS IMPORTANT TO NOTE THAT THE TWO CONCEPTS OF "TABLE WINE" AND "QUALITY WINES PRODUCED IN SPECIFIED REGIONS" REFERRED TO IN ARTICLE 1 (4) (B) AND (5) OF REGULATION NO 816/70 APPLY ONLY TO PRODUCTS ORIGINATING IN THE COMMUNITY, WHEREAS THE COMMUNITY RULES DO NOT DEFINE ANY SPECIAL CONCEPT OF "QUALITY WINE" COMING FROM THIRD COUNTRIES AS DISTINCT FROM THE CONCEPT OF "TABLE WINE".
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Wersja [4491]
Czas edycji: 2008-10-16 12:20:39. Autor: MarcinKrzymuski [poprawiłem kategorie + kolor]Dodane:
IN THIS CONNEXION IT IS IMPORTANT TO NOTE THAT THE TWO CONCEPTS OF "TABLE WINE" AND "QUALITY WINES PRODUCED IN SPECIFIED REGIONS'' REFERRED TO IN ARTICLE 1 (4) (B) AND (5) OF REGULATION NO 816/70 APPLY ONLY TO PRODUCTS ORIGINATING IN THE COMMUNITY, WHEREAS THE COMMUNITY RULES DO NOT DEFINE ANY SPECIAL CONCEPT OF "QUALITY WINE" COMING FROM THIRD COUNTRIES AS DISTINCT FROM THE CONCEPT OF "TABLE WINE".
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Wersja [4490]
Czas edycji: 2008-10-16 12:20:06. Autor: MarcinKrzymuski [poprawiłem kategorie + kolor]Dodane:
IN THIS CONNEXION IT IS IMPORTANT TO NOTE THAT THE TWO CONCEPTS OF "TABLE WINE"' AND "'QUALITY WINES PRODUCED IN SPECIFIED REGIONS'' REFERRED TO IN ARTICLE 1 (4) (B) AND (5) OF REGULATION NO 816/70 APPLY ONLY TO PRODUCTS ORIGINATING IN THE COMMUNITY, WHEREAS THE COMMUNITY RULES DO NOT DEFINE ANY SPECIAL CONCEPT OF "UALITY WINE" COMING FROM THIRD COUNTRIES AS DISTINCT FROM THE CONCEPT OF "TABLE WINE".
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Wersja [4489]
Czas edycji: 2008-10-16 12:19:13. Autor: MarcinKrzymuski [poprawiłem kategorie + kolor]Dodane:
IF QUESTION 3 IS ANSWERED IN THE NEGATIVE: WAS REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 APPLICABLE TO THE SAID WINE?//
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Wersja [4488]
Czas edycji: 2008-10-16 12:18:53. Autor: MarcinKrzymuski [poprawiłem kategorie + kolor]Dodane:
//IS A REGULATION TO BE REGARDED AS PUBLISHED WITHIN THE MEANING OF ARTICLE 191 OF THE TREATY (obecnie {{pu przepis="art. 254 TWE"}}) ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY:
(C) AT THE TIME WHEN THE OFFICIAL JOURNAL IN QUESTION IS ACTUALLY AVAILABLE IN THE TERRITORY OF THE PARTICULAR MEMBER STATE?//
//WAS REGULATION (EEC) NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 ALSO APPLICABLE TO WINE WHICH WAS FIRST MADE SUBJECT TO MONETARY COMPENSATORY AMOUNTS BY REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 AND WHICH WAS REMOVED FROM A PRIVATE CUSTOMS WAREHOUSE BEFORE THE LAST-MENTIONED REGULATION WAS IN FACT PUBLISHED?
''IF QUESTION 3 IS ANSWERED IN THE NEGATIVE: WAS REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 APPLICABLE TO THE SAID WINE?//
(C) AT THE TIME WHEN THE OFFICIAL JOURNAL IN QUESTION IS ACTUALLY AVAILABLE IN THE TERRITORY OF THE PARTICULAR MEMBER STATE?//
//WAS REGULATION (EEC) NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 ALSO APPLICABLE TO WINE WHICH WAS FIRST MADE SUBJECT TO MONETARY COMPENSATORY AMOUNTS BY REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 AND WHICH WAS REMOVED FROM A PRIVATE CUSTOMS WAREHOUSE BEFORE THE LAST-MENTIONED REGULATION WAS IN FACT PUBLISHED?
''IF QUESTION 3 IS ANSWERED IN THE NEGATIVE: WAS REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 APPLICABLE TO THE SAID WINE?//
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(C) AT THE TIME WHEN THE OFFICIAL JOURNAL IN QUESTION IS ACTUALLY AVAILABLE IN THE TERRITORY OF THE PARTICULAR MEMBER STATE?''
''WAS REGULATION (EEC) NO 741/73 OF THE COMMISSION OF 5 MARCH 1973 ALSO APPLICABLE TO WINE WHICH WAS FIRST MADE SUBJECT TO MONETARY COMPENSATORY AMOUNTS BY REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 AND WHICH WAS REMOVED FROM A PRIVATE CUSTOMS WAREHOUSE BEFORE THE LAST-MENTIONED REGULATION WAS IN FACT PUBLISHED?
''IF QUESTION 3 IS ANSWERED IN THE NEGATIVE: WAS REGULATION (EEC) NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 APPLICABLE TO THE SAID WINE?''
Wersja [4487]
Czas edycji: 2008-10-16 12:17:59. Autor: MarcinKrzymuski [poprawiłem kategorie + kolor]Dodane:
//ARE REGULATIONS (EEC) NOS 649/73 OF 1 MARCH 1973, 741/73 OF 5 MARCH 1973 AND 811/73 OF 23 MARCH 1973 OF THE COMMISSION VALID EVEN IN SO FAR AS THEY EACH FIX IN ANNEX I, NO 6, MONETARY COMPENSATORY AMOUNTS FOR IMPORTED RED AND WHITE WINES UNDER TARIFF SUBHEADINGS 22.05 C I AND C II WITHOUT MAKING ANY DISTINCTION BETWEEN THE TWO?//
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Dodane:
CategoryOrzecznictwo CategoryPrawoEuropejskie CategoryPrawoCelne
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[[CategoryOrzecznictwo Orzecznictwo]] [[CategoryPrawoEuropejskie Prawo europejskie]] [[CategoryPrawoCelne Prawo celne]]
