61979J0074

AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - COMMUNITY RULES - SPHERE OF APPLICATION - RELATIONSHIP BETWEEN TRADER AND THE PARTY WITH WHOM HE CONTRACTS - EXCLUSION

( REGULATION NO 974/71 OF THE COUNCIL , AS AMENDED BY REGULATION NO 509/73 )

THE EFFECT OF THE PROVISIONS OF REGULATION NO 974/71 , AS AMENDED BY REGULATION NO 509/73 AND OF COMMUNITY RULES IN THE AGRI-MONETARY SECTOR IS THAT THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES RELATING TO THE IMPORT OR EXPORT RECEIVES OR PAYS , AS THE CASE MAY BE , THE MONETARY COMPENSATORY AMOUNT . THESE PROVISIONS ARE CONCERNED ONLY WITH THE RELATIONSHIP BETWEEN THAT TRADER AND THE PUBLIC AUTHORITY WHICH LEVIES OR GRANTS THE MONETARY COMPENSATORY AMOUNT .

HENCE THE QUESTION WHETHER THE GAIN DERIVED FROM A MONETARY COMPENSATORY AMOUNT MUST BE REPAID BY THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES TO THE PARTY WITH WHOM HE CONTRACTS COMES WITHIN THE SPHERE OF CONTRACTUAL RELATIONS AND NOT OF COMMUNITY LAW .

IN CASE 74/79

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR D ' APPEL ( COURT OF APPEAL ), PARIS , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

OFFICE DE COMMERCIALISATION ET D ' EXPORTATION ( O.C.E .), CASABLANCA ,

AND

S.A . MEDITERRANEENNE ET ATLANTIQUE DES VINS , SAMAVINS , SAINT-CLOUD ,

ON THE INTERPRETATION OF THE PROVISIONS OF REGULATION NO 974/71 OF THE COUNCIL OF 12 MAY 1971 ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( I ), P . 257 ), OF REGULATION NO 648/73 OF THE COMMISSION OF 1 MARCH 1973 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( OFFICIAL JOURNAL L 64 , P . 1 ) AND OF REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS ( OFFICIAL JOURNAL L 64 , P . 7 ),

1 BY JUDGMENT OF 6 APRIL 1979 , WHICH WAS RECEIVED AT THE COURT ON 3 MAY 1979 , THE COUR D ' APPEL , PARIS , SUBMITTED FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION ON THE INTERPRETATION OF THE PROVISIONS OF REGULATION NO 974/71 OF THE COUNCIL OF 12 MAY 1971 ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( I ), P . 257 ), OF REGULATION NO 648/73 OF THE COMMISSION OF 1 MARCH 1973 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( OFFICIAL JOURNAL L 64 , P . 1 ) AND OF REGULATION NO 649/73 OF THE COMMISSION OF 1 MARCH 1973 FIXING THE MONETARY COMPENSATORY AMOUNTS ( OFFICIAL JOURNAL L 64 , P . 7 ).

2 THAT QUESTION HAS BEEN RAISED IN THE CONTEXT OF A DISPUTE HAVING ITS SOURCE IN A CONTRACT FOR THE SALE OF 200 000 HECTOLITRES OF ' ' EEC EXPORT CATEGORY ' ' WINE CONCLUDED ON 18 JUNE 1974 BETWEEN THE MOROCCAN OFFICE DE COMMERCIALISATION ET D ' EXPORTATION ( O.C.E .) AND A FRENCH COMPANY , SAMAVINS . THE O.C.E . CLAIMED PAYMENT FROM SAMAVINS OF THE SUM OF FF 547 607.29 , BEING THE EQUIVALENT OF THE MONETARY COMPENSATORY AMOUNTS WHICH THE LATTER COMPANY HAD BEEN GRANTED ON ITS IMPORTS OF WINE INTO FRANCE IN TERMS OF REGULATIONS NOS 648/73 AND 649/73 OF THE COMMISSION .

3 BY JUDGMENT OF 7 JUNE 1977 THE TRIBUNAL DE COMMERCE , PARIS , DISMISSED THE O.C.E . ' S CLAIMS . FROM THAT JUDGMENT THE O.C.E . APPEALED TO THE COUR D ' APPEL , PARIS .

4 THE JUDGMENT MAKING THE REFERENCE IS CONCERNED WITH THE QUESTION WHETHER , WHERE WINE FROM MOROCCO IS IMPORTED BY A FRENCH COMPANY , COMMUNITY LEGISLATION - IN PARTICULAR THE PROVISIONS OF REGULATION NO 974/71 OF THE COUNCIL AND REGULATIONS NOS 648/73 AND 649/73 OF THE COMMISSION - REQUIRES THE COMPENSATORY AMOUNTS WHICH WERE GRANTED TO THE FRENCH IMPORTER TO BE PAID OVER BY IT TO THE MOROCCAN EXPORTER .

5 THE EFFECT OF THE PROVISIONS OF REGULATION NO 974/71 , AS AMENDED BY REGULATION NO 509/73 OF THE COUNCIL OF 22 FEBRUARY 1973 ( OFFICIAL JOURNAL L 50 , P . 1 ), AND OF COMMUNITY RULES IN THE AGRI-MONETARY SECTOR IS THAT THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES RELATING TO THE IMPORT OR EXPORT RECEIVES OR PAYS , AS THE CASE MAY BE , THE MONETARY COMPENSATORY AMOUNT . THESE PROVISIONS ARE CONCERNED ONLY WITH THE RELATIONSHIP BETWEEN THAT TRADER AND THE PUBLIC AUTHORITY WHICH LEVIES OR GRANTS THE MONETARY COMPENSATORY AMOUNT .

6 ANY FURTHER QUESTIONS GOING BEYOND THOSE PROVISIONS CONCERN THE FIELD OF CONTRACTUAL RELATIONS WHICH ARE GOVERNED BY NATIONAL LAW .

7 THE ANSWER TO THE QUESTION SUBMITTED SHOULD THEREFORE BE THAT THE ISSUE OF WHETHER THE GAIN DERIVED FROM A MONETARY COMPENSATORY AMOUNT MUST BE REPAID BY THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES TO THE PARTY WITH WHOM HE CONTRACTS COMES WITHIN THE SPHERE OF CONTRACTUAL RELATIONS AND NOT OF COMMUNITY LAW .

COSTS

8 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER ),

IN ANSWER TO THE QUESTION SUBMITTED TO IT BY THE COUR D ' APPEL , PARIS , BY JUDGMENT OF 6 APRIL 1979 , HEREBY RULES :

THE QUESTION WHETHER THE GAIN DERIVED FROM A MONETARY COMPENSATORY AMOUNT MUST BE REPAID BY THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES TO THE PARTY WITH WHOM HE CONTRACTS COMES WITHIN THE SPHERE OF CONTRACTUAL RELATIONS AND NOT OF COMMUNITY LAW .