Keywords
Summary

Keywords

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1 . QUESTIONS REFERRED TO THE COURT FOR A PRELIMINARY RULING - REFERENCE TO THE COURT - EXCLUSIVE JURISDICTION OF NATIONAL COURT

( EEC TREATY, ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORTS TO THIRD COUNTRIES - REFUNDS - PAYMENT - TIME-LIMIT - DETERMINATION ACCORDING TO NATIONAL LAW

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 20 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - REGULATIONS NOS 19 AND 120/67/EEC OF THE COUNCIL - SCOPE

Summary

1 . ACCORDING TO ARTICLE 177 OF THE TREATY IT IS FOR THE NATIONAL COURT AND NOT THE PARTIES TO THE MAIN ACTION TO BRING A MATTER BEFORE THE COURT OF JUSTICE .

SINCE THE POWER TO FORMULATE THE QUESTIONS TO BE REFERRED IS VESTED IN THE NATIONAL COURT ALONE THE PARTIES CANNOT ALTER THE WORDING OF THOSE QUESTIONS .

2 . UNDER THE SYSTEM INSTITUTED BY REGULATION NO 19 OF THE COUNCIL, THAT IS, UP TO AND INCLUDING 30 JUNE 1967, THE MEMBER STATES WERE FREE TO DECIDE WHETHER OR NOT TO GRANT REFUNDS ON EXPORTS OF CEREALS TO THIRD COUNTRIES . WHERE A MEMBER STATE EXERCISED THIS POWER, THE QUESTION OF DETERMINING THE PERIOD WITHIN WHICH THE REFUNDS WERE TO BE PAID WAS A MATTER FOR NATIONAL LAW ALONE .

3 . IN SO FAR AS THE SYSTEM INSTITUTED BY REGULATION NO 120/67/EEC OF THE COUNCIL CONCERNING CEREALS DIFFERS FROM THAT RESULTING FROM REGULATION NO 19, THE NEW RULES RELATE SOLELY TO COMMERCIAL TRANSACTIONS EFFECTED AFTER 30 JUNE 1967 .