Express Dairy Foods Limited v Intervention Board for Agricultural Produce.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Touffait
• ECLI: ECLI:EU:C:1980:155
• Date: 12 June 1980
• Docket Number: 130/79
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

|

61979J0130

Judgment of the Court of 12 June 1980. - Express Dairy Foods Limited v Intervention Board for Agricultural Produce. - Reference for a preliminary ruling: High Court of Justice, Queen's Bench Division - United Kingdom. - Powdered whey - Recovery of undue payment. - Case 130/79.

European Court reports 1980 Page 01887
Greek special edition Page 00271
Swedish special edition Page 00227
Finnish special edition Page 00235

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

Keywords

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION TO POWDERED WHEY - COMMISSION REGULATIONS ADOPTED BETWEEN 1 FEBRUARY 1973 AND 11 AUGUST 1977 - INVALIDITY

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - COMPENSATORY AMOUNTS CHARGED ON THE BASIS OF INVALID COMMUNITY REGULATIONS - RECOVERY - APPLICATION OF NATIONAL LAW - CONDITIONS AND LIMITS - TAKING INTO CONSIDERATION THE FACT THAT A CHARGE MAY HAVE BEEN PASSED ON - AWARD OF INTEREST

( COUNCIL DECISION OF 21 APRIL 1970 , ART . 6 ; REGULATION NO 2/71 OF THE COUNCIL , ART . 1 )

Summary

1 . THE COMMISSION REGULATIONS ADOPTED BETWEEN 1 FEBRUARY 1973 AND 11 AUGUST 1977 , FIXING MONETARY COMPENSATORY AMOUNTS AND CERTAIN RATES NECESSARY FOR THEIR APPLICATION , MUST BE REGARDED AS INVALID IN SO FAR AS THEY FIX MONETARY COMPENSATORY AMOUNTS IN RESPECT OF TRADE IN POWDERED WHEY AND ARE THEREFORE TO THAT EXTENT CONTRARY TO ARTICLE 1 ( 2 ) ( B ) OF REGULATION NO 974/71 OF THE COUNCIL .

2 . DISPUTES RELATING TO THE RECOVERY OF SUMS LEVIED ON BEHALF OF THE COMMUNITY COME WITHIN THE JURISDICTION OF NATIONAL COURTS AND MUST BE SETTLED BY THOSE COURTS IN APPLICATION OF THEIR NATIONAL LAW AS REGARDS BOTH PROCEDURE AND SUBSTANCE TO THE EXTENT TO WHICH COMMUNITY LAW HAS NOT MADE OTHER PROVISION IN THE MATTER . HOWEVER , THE APPLICATION OF NATIONAL LEGISLATION MUST BE EFFECTED IN A NON-DISCRIMINATORY MANNER HAVING REGARD TO THE PROCEDURAL RULES RELATING TO DISPUTES OF THE SAME TYPE , BUT PURELY NATIONAL , AND IN SO FAR AS PROCEDURAL RULES CANNOT HAVE THE RESULT OF MAKING IMPOSSIBLE IN PRACTICE THE EXERCISE OF RIGHTS CONFERRED BY COMMUNITY LAW .

IN THESE CIRCUMSTANCES AND IN THE ABSENCE OF COMMUNITY PROVISIONS IT IS FOR THE NATIONAL AUTHORITIES TO DECIDE AS TO THE RECOVERY OF SUMS UNDULY CHARGED ON THE BASIS OF COMMUNITY REGULATIONS WHICH HAVE BEEN DECLARED INVALID AND TO SETTLE IN TERMS OF THE NATIONAL LAW APPLICABLE ALL ANCILLARY QUESTIONS SUCH AS , ON THE ONE HAND , WHETHER THE FACT THAT IT MAY HAVE BEEN POSSIBLE FOR THE CHARGE IMPROPERLY IMPOSED TO BE PASSED ON TO OTHER TRADERS OR TO CONSUMERS SHOULD BE TAKEN INTO ACCOUNT , AND , ON THE OTHER HAND , THE PAYMENT OF INTEREST , IN PARTICULAR THE RATE OF INTEREST AND THE DATE FROM WHICH INTEREST MUST BE CALCULATED .

Parties

IN CASE 130/79

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HIGH COURT OF JUSTICE , QUEEN ' S BENCH DIVISION , COMMERCIAL COURT , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

EXPRESS DAIRY FOODS LIMITED

AND

INTERVENTION BOARD FOR AGRICULTURAL PRODUCE

Subject of the case

ON , FIRST , WHETHER THE DECISION OF THE COURT IN MILAC ( CASE 131/77 ( 1978 ) ECR 1041 ) MAY BE EXTENDED TO ALL REGULATIONS ADOPTED BETWEEN 1 FEBRUARY 1973 AND 11 AUGUST 1977 FIXING MONETARY COMPENSATORY AMOUNTS APPLICABLE TO TRADE IN POWDERED WHEY AND , SECONDLY , ON THE ASSUMPTION THAT THE FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE AND ALL THOSE REGULATIONS ARE DECLARED TO BE INVALID , ON THE RIGHT TO RECOVERY OF THE UNDUE PAYMENT , TOGETHER WITH INTEREST THEREON ,

Grounds

1 BY ORDER OF 23 JULY 1979 , WHICH WAS RECEIVED AT THE REGISTRY OF THE COURT OF JUSTICE ON 10 AUGUST 1979 , THE HIGH COURT OF JUSTICE , QUEEN ' S BENCH DIVISION , COMMERCIAL COURT , SUBMITTED UNDER ARTICLE 177 OF THE EEC TREATY THREE QUESTIONS RELATING TO THE VALIDITY OF ALL REGULATIONS ADOPTED BY THE COMMISSION...