Keywords
Summary

Keywords

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1 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION BY NATURAL OR LEGAL PERSONS - DECISION IN THE FORM OF A REGULATION - APPLICANT DIRECTLY CONCERNED - CONCEPT

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 )

2 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION BY NATURAL OR LEGAL PERSONS - DECISION IN THE FORM OF A REGULATION - APPLICANT INDIVIDUALLY CONCERNED - CONCEPT

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - ADVANCE FIXING - AMOUNT - ADJUSTMENT IN RELATION TO THRESHOLD PRICE IN FORCE AT TIME OF EXPORT - VESTED RIGHTS - INCREASE IN THRESHOLD PRICE DIVORCED FROM THE OBJECTIVE OF ARTICLE 16 OF REGULATION NO 120/67 - EXCLUSION

Summary

1 . A MEASURE, BY DENYING TO A CLASS OF TRADERS THE BENEFIT OF AN INCREASE IN THE AMOUNT OF REFUNDS FOR SPECIFIC EXPORTS WHICH WAS, ON THE CONTRARY, GRANTED TO THOSE WHOSE APPLICATIONS FOR ADVANCE FIXING WERE MADE AT A LATER DATE, DIRECTLY CONCERNS THE SAID TRADERS .

2 . A MEASURE APPLYING TO A FIXED NUMBER OF TRADERS IDENTIFIED BY REASON OF THE INDIVIDUAL COURSE OF ACTION WHICH THEY PURSUED OR ARE REGARDED AS HAVING PURSUED DURING A PARTICULAR PERIOD, EVEN IF IT IS ONE OF A NUMBER OF PROVISIONS HAVING A LEGISLATIVE FUNCTION, INDIVIDUALLY CONCERNS THE PERSONS TO WHOM IT APPLIES IN THAT IT EFFECTS THEIR LEGAL POSITION BECAUSE OF A FACTUAL SITUATION WHICH DIFFERENTIATES THEM FROM ALL OTHER PERSONS AND DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

3 . EVEN IF THE APPLICANT IS ENTITLED TO RELY UPON VESTED RIGHTS OR A LEGITIMATE EXPECTATION IN THE CONTINUATION OF INCREASES IN THE AMOUNT OF THE REFUND LAID DOWN BY ARTICLE 16 OF REGULATION NO 120/67 AS IT APPLIED AT THE TIME OF THE REQUEST FOR ADVANCE FIXING, HE CANNOT TAKE ADVANTAGE OF SUCH A RIGHT OR SUCH A PROSPECT AS REGARDS THAT PART OF THE REFUND WHICH CORRESPONDS TO INCREASES IN THE THRESHOLD PRICE WHICH ARE ENTIRELY DIVORCED FROM THE OBJECTIVE OF ARTICLE 16, AND WHICH WERE UNFORESEEABLE AT THE TIME WHEN THE AMOUNT WAS FIXED IN ADVANCE .