Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - VARIATION OF RULES - PRINCIPLE OF PROTECTION OF LEGITIMATE EXPECTATION - APPLICATION - CONDITIONS AND LIMITS

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - INTRODUCTION IN RESPECT OF DURUM WHEAT AND PRODUCTS DERIVED THEREFROM - COMMISSION REGULATION NO 2604/77 - VALIDITY

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - INTRODUCTION IN RESPECT OF DURUM WHEAT AND PRODUCTS DERIVED THEREFROM - APPLICATION TO TRANSACTIONS IN COURSE OF EXECUTION

( COMMISSION REGULATION NO 2604/77 , AS AMENDED BY REGULATION NO 2792/77 )

Summary

1 . IN THE CONTEXT OF ECONOMIC RULES SUCH AS THOSE GOVERNING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , IF IN ORDER TO DEAL WITH INDIVIDUAL SITUATIONS THE COMMUNITY INSTITUTIONS HAVE LAID DOWN SPECIFIC RULES ENABLING TRADERS IN RETURN FOR ENTERING INTO CERTAIN OBLIGATIONS WITH THE PUBLIC AUTHORITIES - AS REGARDS TRANSACTIONS DEFINITIVELY UNDERTAKEN - TO PROTECT THEMSELVES FROM THE EFFECTS OF THE NECESSARILY FREQUENT VARIATIONS IN THE DETAILED RULES FOR THE APPLICATION OF THE COMMON ORGANIZATION , THE PRINCIPLE OF RESPECT FOR LEGITIMATE EXPECTATION PROHIBITS THOSE INSTITUTIONS FROM AMENDING THOSE RULES WITHOUT LAYING DOWN TRANSITIONAL MEASURES UNLESS THE ADOPTION OF SUCH MEASURES IS CONTRARY TO AN OVERRIDING PUBLIC INTEREST .

ON THE OTHER HAND , THE FIELD OF APPLICATION OF THIS PRINCIPLE CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE EARLIER RULES IN THE ABSENCE OF OBLIGATIONS ENTERED INTO WITH THE PUBLIC AUTHORITIES .

THIS IS PARTICULARLY TRUE IN A FIELD SUCH AS THE COMMON ORGANIZATION OF THE MARKETS , THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO THE VARIATIONS OF THE ECONOMIC SITUATION IN THE VARIOUS AGRICULTURAL SECTORS .

2 . CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COMMISSION REGULATION NO 2604/77 INTRODUCING MONETARY COMPENSATORY AMOUNTS IN RESPECT OF DURUM WHEAT AND PRODUCTS DERIVED THEREFROM .

3 . APART FROM THE EXCEPTION PROVIDED FOR BY REGULATION NO 2792/77 , THE MONETARY COMPENSATORY AMOUNTS LAID DOWN BY REGULATION NO 2604/77 ARE APPLICABLE TO THE EXPORTATION OF PASTA FROM ITALY TO THE OTHER MEMBER STATES AND TO NON-MEMBER COUNTRIES AS FROM 2 JANUARY 1978 IN PURSUANCE OF CONTRACTS CONCLUDED PRIOR TO 25 NOVEMBER 1977 .