JUDGMENT OF 30. 9. 1982 — CASE 108/81 AMYLUM v COUNCIL

In Case 108/81

THE COURT (Second Chamber) composed of: O. Due, President of Chamber, A. Chloros and F. Grévisse, Judges, Advocate General: G. Reischl Registrar: H.A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

A — Background to the dispute

ANNEX II

B — Procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

First submission : breach of the general principle that legislation may not be retroactive

Second submmion as to a breach of the obligation to state the reasons upon which a measure is based.

Third argument staling to infringement of Article 22: oj the EEC Treaty jnj Amcie 2 oj Council Deemon of 21 April 1988 on the repkeement of financial contributions from Member States by the Communities' own resources

IV — Oral procedure

Decision

I — First submission: Breach of the principle that Community measures may not have retroactive effect

II — Second submission: Breach of the duty to state the reasons upon which a measure is based

III — Third submission: Infringement of Article 201 of the Treatv and Article 2 of the decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources

IV — Costs

1 According to the applicant those tinân are ol rei and decleration laws the owndrawal of integral measures laws concerning panici subject-matter in ör' of rOtrcïto legitimate rriu4.:fit of the parties concerned in no longer worths of protection and cases where retroactivity is necessary for compelling reasons which land over the certains