JUDGMENT OF 30. 9. 1982 — CASE 110/81 ROQUETTE FRÈRES v COUNCIL

In Case 110/81

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 lo 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 submission as to a breach of the obligation to state the reasons upon zt-hich a measure is based

Third argument rekting to an infringement of Article 201 of the EEC Treaty and Article 2 of Council Decision of 21 April 1970 on the repkcement 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 Treaty 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