Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PRIVATE STORAGE AID - DEPOSIT SYSTEM - DEPOSIT WRONGLY RELEASED - RECOVERY OF DEPOSIT OR IMPOSITION OF PECUNIARY PENALTIES OF AN EQUIVALENT AMOUNT - NOT POSSIBLE

( COMMISSION REGULATION NO 1071/68 , ART . 4 )

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PRIVATE STORAGE AID - DEPOSIT WRONGLY RELEASED - NATIONAL LEGISLATION ALLOWING RECOVERY - INCOMPATIBILITY WITH COMMUNITY LAW - FRAUDULANT PRACTICES ON THE PART OF TRADERS - DUTY OF MEMBER STATES TO TAKE PROCEEDINGS AGAINST THEM

Summary

1 . ARTICLE 4 OF REGULATION NO 1071/68 OF THE COMMISSION OF 25 JULY 1968 LAYING DOWN DETAILED RULES FOR GRANTING PRIVATE STORAGE AID FOR BEEF AND VEAL DOES NOT AUTHORIZE NATIONAL INTERVENTION AGENCIES AFTER THE EXPIRY OF THE PERIOD OF STORAGE , TO RECOVER DEPOSITS WHICH HAVE BEEN WRONGLY RELEASED OR TO IMPOSE ON TRADERS PECUNIARY PENALTIES EQUAL TO THE AMOUNT OF THE DEPOSITS RELEASED .

2.NATIONAL LEGISLATION UNDER WHICH IT IS POSSIBLE TO REVOKE A WRONGFUL DECISION RELEASING A DEPOSIT AND TO RECLAIM THE AMOUNT OF THE DEPOSIT AFTER THE PERIOD OF STORAGE HAS EXPIRED IS INCOMPATIBLE WITH COMMUNITY LAW ; HOWEVER , THAT CIRUCUMSTANCE DOES NOT AFFECT THE RIGHT AND THE DUTY OF THE NATIONAL AUTHORITIES TO TAKE PROCEEDINGS , IN ACCORDANCE WITH NATIONAL LAW , AGAINST A TRADER WHO HAS OBTAINED THE RELEASE OF THE DEPOSIT BY FRAUDULENT MEANS .