Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61978J0098
Název:
Title: 		JUDGMENT OF THE COURT OF 25 JANUARY 1979. FIRMA A. RACKE V HAUPTZOLLAMT MAINZ. PRELIMINARY RULING REQUESTED BY THE BUNDESFINANZHOF. MONETARY COMPENSATORY AMOUNTS - PUBLICATION OF REGULATIONS. CASE 98-78.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 0069 - 0088
Předmět (klíčová slova):
Keywords		AGRICULTURE;WINE;MONETARY MEASURES IN THE FIELD OF AGRICULTURE;
Související předpisy:
Corresponding acts:		373R0811;373R0649;157E191
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IN THE EVENT OF THE EVALUATION OF A COMPLEX ECONOMIC SITUATION, THE ADMINISTRATION ENJOYS A WIDE MEASURE OF DISCRETION. IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION, THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE ADMINISTRATIVE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION.

2. WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF THE MARKET IN WINE, REFERENCE PRICES, EXPRESSED IN UNITS OF ACCOUNT, ARE TO ENABLE THE PRICES OF WINE FROM NON-MEMBER COUNTRIES TO BE BROUGHT TO THE LEVEL OF PRICES WITHIN THE COMMUNITY, WHEREAS THE MONETARY COMPENSATORY AMOUNTS SYSTEM IS TO ENABLE, IN THE CASE OF FLUCTUATING EXCHANGE RATES, DIFFERENCES RECORDED IN PRICES EXPRESSED IN NATIONAL CURRENCY FOLLOWING CHANGES IN EXCHANGE RATES TO BE MADE UP AND IN PARTICULAR TO PREVENT THE DISTURBANCES IN TRADE WHICH MIGHT RESULT THEREFROM.

3. IN THE ABSENCE OF A DEFINITION OF ANY SPECIAL CONCEPT OF'' QUALITY WINE'' COMING FROM THIRD COUNTRIES AS DISTINCT FROM THE CONCEPT OF'' TABLE WINE'', IT MUST BE INFERRED THAT FOR THE PURPOSES OF COMMUNITY RULES, IN PARTICULAR THOSE RELATING TO THE MONETARY COMPENSATORY AMOUNTS SYSTEM, ANY WINE COMING FROM A NON-MEMBER COUNTRY IS - IN THE ABSENCE OF ANY EXCEPTION PROVIDING OTHERWISE - TO BE TREATED AS TABLE WINE.

4. 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. 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.

5. 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.

6. THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS INTRODUCED BY REGULATION NO 974/71 IMPLIES IN PRINCIPLE THAT THE MEASURES ADOPTED TAKE EFFERCT 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.

Plný text judikátu (Entire text of the Judgment):