Kurt A Becher v Hauptzollamt Emden: ECJ 15 Jan 1974

1. No new element has been adduced capable of casting doubt on the court’s decision in its judgments of 24 october 1973 in cases 5, 9 and 10/73, according to which examination of questions referred had not revealed any elements capable of affecting the validity of regulation no 974/71.
2. Article 2 of regulation no 974/71, by using the concept of ‘prices’ as its starting point in calculating the compensatory amounts, leaves the commission a certain discretion to adopt a reference price which differs from the c.I.F. Price, even if it differs from the contract prices actually fixed for commercial transactions.
3. It is within the commission’s legal powers, when enacting detailed rules for the implementation of a system, such as that laid down by regulation no 974/71 for compensatory amounts, to have regard to certain imperative requirements of an administrative nature.
This is even more so as these detailed rules are established in accordance with the so-called ‘management committee’ procedure.

Citations:

R-154/73, [1974] EUECJ R-154/73

Links:

Bailii

European, Agriculture

Updated: 21 June 2022; Ref: scu.214364