Deuka, Deutsche Kraftfutter GmbH, B. J. Stolp v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.

• Jurisdiction: European Union
• Date: 18 March 1975
• Court: Court of Justice (European Union)

Avis juridique important

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61974J0078

Judgment of the Court of 18 March 1975. - Deuka, Deutsche Kraftfutter GmbH, B. J. Stolp v Einfuhr- und Vorratsstelle für Getreide und Futtermittel. - Reference for a preliminary ruling: Hessischer Verwaltungsgerichtshof - Germany. - Denaturing premiums for common wheat. - Case 78-74.

European Court reports 1975 Page 00421
Greek special edition Page 00143
Portuguese special edition Page 00163

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

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1 . ACTS OF AN INSTITUTION - STATEMENT OF REASONS - CRITERIA

( EEC TREATY, ARTICLE 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISTURBANCE - INTERVENTION MEASURES - CHOICE - COMMISSION'S POWER OF APPRAISAL - REVIEW BY THE COURT - COMPETENCE OF THE JUDGE - LIMITS

3 . REGULATIONS - TRANSITIONAL LAW - REQUIREMENTS OF LEGAL CERTAINTY

Summary

1 . THE STATEMENT OF REASONS IN AN ACT OF AN INSTITUTION MUST BE CONSIDERED IN THE CONTEXT OF THE COMPLEX OF REGULATIONS OF WHICH THIS ACT FORMS PART .

2 . THE COMMISSION ENJOYS A SIGNIFICANT FREEDOM OF EVALUATION BOTH AS REGARDS THE TAKING INTO ACCOUNT OF POSSIBLE FACTORS OF DISTURBANCE AND THE CHOICE OF MEANS FOR DEALING WITH THEM, WHICH MUST BE EXERCISED IN THE LIGHT OF THE OBJECTIVES OF ECONOMIC POLICY WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .

WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY, BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWER .

3 . THE PROVISIONS OF A REGULATION WHICH INTRODUCES CHANGES IN THE NORMALLY PREPARED PLANS OF ACTIVITY OF UNDERTAKINGS CANNOT BE APPLIED IN A MANNER CONTRARY TO THE REQUIREMENTS OF LEGAL CERTAINTY .

Parties

IN CASE 78/74

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HESSISCHER VERWALTUNGSGERICHTSHOF FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

DEUKA, DEUTSCHE KRAFTFUTTER GMBH B . J . STOLP, WITH REGISTERED OFFICE AT DUESSELDORF,

AND

EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL, WITH REGISTERED OFFICE AT FRANKFURT-ON-MAIN,

Subject of the case

ON THE VALIDITY OF REGULATION NO 849/70 OF THE COMMISSION OF 11 MAY 1970, AMENDING REGULATIONS NOS 1403/69 AND 1404/69 CONCERNING DENATURING OF COMMON WHEAT .

Grounds

1 BY ORDER DATED 8 JULY 1974, RECEIVED AT THE COURT REGISTRY ON 17 OCTOBER 1974, THE HESSISCHER VERWALTUNGSGERICHTSHOF REFERRED TWO QUESTIONS ON THE VALIDITY OF REGULATION NO 849/70 OF THE COMMISSION OF 11 MAY 1970, AMENDING REGULATIONS NO 1403/69 AND NO 1404/69 ON THE DENATURING OF COMMON WHEAT ( OJ L 102, P . 7 ).

ON THE FIRST QUESTION ( STATEMENT OF REASONS AND MATERIAL JUSTIFICATION OF REGULATION NO 849/70 )

2 THE COURT IS ASKED BY THE FIRST QUESTION WHETHER REGULATION NO 849/70 IS INVALID

( A ) BY REASON OF AN INSUFFICIENT STATEMENT OF REASONS, OR

( B ) BY REASON OF THE NON-FULFILMENT OF THE CONDITIONS OF ARTICLE 4 ( 1 ), SECOND SENTENCE, OF REGULATION NO 172/67 OF THE COUNCIL OF 27 JUNE 1967 ON THE GENERAL RULES GOVERNING THE DENATURING OF WHEAT ( OJ P . 2602 ), AMENDED BY ARTICLE 1 OF REGULATION NO 644/68 OF THE COUNCIL OF 29 MAY 1968 ( OJ L 122, P . 3 ).

3 ARTICLE 7 OF REGULATION NO 120/67 OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKETS IN CEREALS ( OJ 1967, P . 2269 ) PROVIDES, WITHIN THE FRAMEWORK OF INTERVENTION MEASURES, THE POSSIBILITY OF THE GRANT OF A DENATURING PREMIUM FOR COMMON WHEAT . UNDER THE SAME ARTICLE THE COMMISSION IS INSTRUCTED TO ADOPT GENERAL RULES GOVERNING THE CONDITIONS FOR THE GRANT OF DENATURING PREMIUMS AND THE AMOUNT THEREOF, IN ACCORDANCE WITH THE GENERAL RULES ADOPTED BY THE COUNCIL . THESE RULES...