Keywords
Summary

Keywords

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1 . PROCEDURE - QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . COMMUNITY LAW - INTERPRETATION OF A PROVISION WHICH HAS BEEN APPLIED - REFERENCE TO THE STATE OF THE LAW IN FORCE

( EEC TREATY, ARTICLE 164, ARTICLE 177 )

3 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - ABSENCE OF COMMUNITY LEGISLATION - AUTHORITY OF THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

4 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - CRITERIA

( REGULATION NO 950/68 OF THE COUNCIL )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - KIBBLED MAIZE GRAIN WITHIN THE MEANING OF ARTICLE 1 ( D ) OF REGULATION NO 19/62 - CONCEPT

Summary

1 . ALTHOUGH ARTICLE 177 OF THE TREATY DOES NOT ALLOW THE COURT TO GIVE A RULING ON A SPECIFIC CASE WHEN IT IS CALLED UPON TO INTERPRET COMMUNITY LAW, THE NEED, HOWEVER, TO REACH A HELPFUL INTERPRETATION OF THE PROVISIONS IN QUESTION JUSTIFIES THE STATEMENT BY THE NATIONAL COURT OF THE LEGAL CONTEXT IN WHICH THE INTERPRETATION WHICH IS SOUGHT MUST BE PLACED .

2 . THE PRINCIPLE OF LEGAL CERTAINTY MAKES IT NECESSARY TO REFER TO THE STATE OF THE LAW IN FORCE WHEN THE REGULATION THE INTERPRETATION OF WHICH IS SOUGHT WAS APPLIED .

3 . IN THE ABSENCE OF COMMUNITY LEGISLATION ON THE SUBJECT, THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS LAID DOWN BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN THE CUSTOMS TARIFFS ARE AUTHORITATIVE AS A VALID MEANS OF INTERPRETING HEADINGS IN THE COMMON CUSTOMS TARIFF .

4 . THE INTERPRETATION OF A TARIFF HEADING MUST IN DOUBTFUL CASES TAKE INTO CONSIDERATION BOTH THE FUNCTION OF THE CUSTOMS TARIFF IN VIEW OF THE NEEDS OF THE SYSTEM OF ORGANIZATION OF THE MARKETS AND ITS PURELY CUSTOMS FUNCTION .

5 . THE PHRASE " KIBBLED MAIZE GRAIN " USED IN ARTICLE 1 ( D ) OF REGULATION NO 19/62 AND MENTIONED UNDER TARIFF HEADING EX 11.02 A III ( B ) IN THE ANNEX TO THAT REGULATION MUST BE INTERPRETED AS INCLUDING A PRODUCT WHETHER OR NOT DEGERMED WHICH HAS HAD STARCH EXTRACTED AND CONTAINS THE ESSENTIAL CONSTITUENTS OF MAIZE IN SUCH PROPORTIONS THAT THE QUANTITY OF THOSE INGREDIENTS CORRESPONDS TO THE NORMAL VALUES OF THE NATURAL CONTENTS OF MAIZE .