ECJ 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.
Citations:
C-130/79, R-130/79, [1980] EUECJ R-130/79
Links:
Jurisdiction:
European
Agriculture
Updated: 21 June 2022; Ref: scu.214922