Keywords
Summary

Keywords

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Acts of the institutions ° Date of application ° Principle of non-retroactivity ° Exceptions ° Conditions ° Special statement of reasons ° Absence ° Unlawfulness

(EEC Treaty, Art. 190; Commission Regulation No 744/87, second para. of Art. 3)

Summary

Although in general the principle of legal certainty precludes a Community measure from taking effect before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectation of those concerned is duly protected. However, measures having such an effect must include in the statement of the reasons on which they are based, in a clear and unequivocal fashion, particulars which justify the desired retroactive effect.

Regulation No 744/87, amending Regulation No 805/86 introducing a charge on denatured skimmed-milk powder coming from Spain and derogating from Regulation No 1378/86 as regards the accession compensatory amounts in trade with Spain, does not state the reasons why the new detailed rules on the collection of the aforementioned charge which it enacts must apply in respect of traders who exported non-skimmed milk in the month prior to its adoption. It follows that Regulation No 744/87 does not meet the requirement of stating reasons laid down by Article 190 of the Treaty and that the second paragraph of Article 3 thereof is invalid in so far as it declares that the regulation is applicable with effect from 12 February 1987.