JUDGMENT OF 8. 6. 1977 — CASE 97/76 MERKUR v COMMISSION

In Case 97/76

THE COURT composed of: H. Kutscher, President, A. M. Donner and P. Pescatore, Presidents of Chambers, J. Mertens de Wilmars, M. Sørensen, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

— As regards the first condition the transactions in question must be irrevocably undertaken.

— As regards the second condition: the alteration to the particular legal situation by the injurious action must be unforeseeable.

— As regards the third condition: the loss must be inevitable.

— As regards the fourth condition: absence of an overriding matter of public interest which justifies the adoption of the measure in dispute.

— As regards the fifth and sixth conditions: the action which causes the loss must have been taken without warning and with immediate effect and without providing for any transitional measure which would permit prudent traders either to avoid the loss or to be compensated for it

— As regards the first condition:

— As regards the second condition:

— As regards the third condition:

— As regards the fourth condition:

— As regards the fifth and sixth conditions:

— As regards the first condition:

— As regards the second and third conditions:

— As regards the fourth condition:

— As regards the fifth and sixth conditions:

IV — Oral procedure

Decision

Costs