Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1985/R11283.html
Cite as: [1985] EUECJ R-112/83

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61983J0112
Judgment of the Court of 27 February 1985.
Société des produits de maïs SA v Administration des douanes et droits indirects.
Reference for a preliminary ruling: Tribunal d'instance de Paris 1er - France.
Monetary compensatory amounts for maize products - Consequences of the invalidity of a regulation.
Case 112/83.
European Court reports 1985 Page 00719
Spanish special edition 1985 Page 00349
Swedish special edition VIII Page 00093
Finnish special edition VIII Page 00095

PRELIMINARY RULINGS - DETERMINATION OF VALIDITY - DECLARATION THAT A REGULATION IS VOID - EFFECTS - APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 174 OF THE EEC TREATY BY ANALOGY - LIMITATION OF TEMPORAL EFFECT - EXCLUSIVE JURISDICTION OF THE COURT
( EEC TREATY , ART . 173 , ART . 174 , SECOND PARAGRAPH , AND ARTICLE 177 )

ALTHOUGH A JUDGMENT OF THE COURT GIVEN UNDER ARTICLE 177 OF THE TREATY DECLARING AN ACT OF AN INSTITUTION , IN PARTICULAR A COUNCIL OR COMMISSION REGULATION , TO BE VOID IS DIRECTLY ADDRESSED ONLY TO THE NATIONAL COURT WHICH BROUGHT THE MATTER BEFORE THE COURT , IT IS SUFFICIENT REASON FOR ANY OTHER NATIONAL COURT TO REGARD THAT ACT AS VOID FOR THE PURPOSES OF A JUDGMENT WHICH IT HAS TO GIVE .

THE COURT ' S POWER TO IMPOSE TEMPORAL LIMITS ON THE EFFECTS OF A DECLARATION THAT A LEGISLATIVE ACT IS INVALID , IN THE CONTEXT OF PRELIMINARY RULINGS UNDER INDENT ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 , IS JUSTIFIED BY THE INTERPRETATION OF ARTICLE 174 OF THE TREATY HAVING REGARD TO THE NECESSARY CONSISTENCY BETWEEN THE PRELIMINARY RULING PROCEDURE AND THE ACTION FOR ANNULMENT , WHICH ARE TWO MECHANISMS PROVIDED BY THE TREATY FOR REVIEWING THE LEGALITY OF ACTS OF THE COMMUNITY INSTITUTIONS . THE POSSIBILITY OF IMPOSING TEMPORAL LIMITS ON THE EFFECTS OF THE INVALIDITY OF A COMMUNITY REGULATION , WHETHER UNDER ARTICLE 173 OR ARTICLE 177 , IS A POWER CONFERRED ON THE COURT BY THE TREATY IN THE INTEREST OF THE UNIFORM APPLICATION OF COMMUNITY LAW THROUGHOUT THE COMMUNITY .

WHERE IT IS JUSTIFIED BY OVERRIDING CONSIDERATIONS THE SECOND PARAGRAPH OF ARTICLE 174 GIVES THE COURT DISCRETION TO DECIDE , IN EACH PARTICULAR CASE , WHICH SPECIFIC EFFECTS OF A REGULATION WHICH HAS BEEN DECLARED VOID MUST BE MAINTAINED . IT IS THEREFORE FOR THE COURT , WHERE IT MAKES USE OF THE POSSIBILITY OF LIMITING THE EFFECT ON PAST EVENTS OF A DECLARATION IN PROCEEDINGS UNDER ARTICLE 177 THAT A MEASURE IS VOID , TO DECIDE WHETHER AN EXCEPTION TO THAT TEMPORAL LIMITATION OF THE EFFECT OF ITS JUDGMENT MAY BE MADE IN FAVOUR OF THE PARTY WHICH BROUGHT THE ACTION BEFORE THE NATIONAL COURT OR OF ANY OTHER TRADER WHO TOOK SIMILAR STEPS BEFORE THE DECLARATION OF INVALIDITY OR WHETHER , CONVERSELY , A DECLARATION OF INVALIDITY APPLICABLE ONLY TO THE FUTURE CONSTITUTES AN ADEQUATE REMEDY EVEN FOR TRADERS WHO TOOK ACTION AT THE APPROPRIATE TIME WITH A VIEW TO PROTECTING THEIR RIGHTS .

IN CASE 112/83
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL D ' INSTANCE ( DISTRICT COURT ), PARIS ( FIRST ARRONDISSEMENT ), FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
SOCIETE DES PRODUITS DE MAIS SA
AND
ADMINISTRATION DES DOUANES ET DROITS INDIRECTS ( OFFICE FOR CUSTOMS AND INDIRECT DUTIES )

ON THE VALIDITY OF COMMISSION REGULATION ( EEC ) NO 652/76 OF 24 MARCH 1976 CHANGING THE MONETARY COMPENSATORY AMOUNTS FOLLOWING CHANGES IN EXCHANGE RATES FOR THE FRENCH FRANC ,

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

ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNAL D ' INSTANCE , PARIS ( FIRST ARRONDISSEMENT ), BY JUDGMENT OF 7 JUNE 1983 , HEREBY RULES :
( 1 ) THE PROVISIONS OF COMMISSION REGULATION NO 652/76 ARE INVALID IN SO FAR AS THEY FIX THE MONETARY COMPENSATORY AMOUNTS APPLICABLE TO EXPORTS OF MAIZE GLUTEN ( HEADING NO 23.03 ) AND PRODUCTS FALLING UNDER SUBHEADINGS 11.08 A I ; 17.02 B I ( A ); 17.02 B I ( B ); 17.02 B II ( A ); 17.02 B II ( B ); 17.02 . 23 ; 17.02 . 28.0 ; 17.02 . 28.1 ; 35.05 A ; 29.04.-77.001
( 2)THE FACT THAT THE PROVISIONS OF COMMISSION REGULATION NO 652/76 OF 24 MARCH 1976 HAVE BEEN HELD INVALID DOES NOT MAKE IT POSSIBLE TO CHALLENGE THE CHARGING OR PAYMENT OF MONETARY COMPENSATORY AMOUNTS BY NATIONAL AUTHORITIES ON THE BASIS OF THOSE PROVISIONS PRIOR TO THE DATE OF THE JUDGMENT DECLARING THEM INVALID .