Judgment_paragraph 2. · A. Racke v Hauptzollamt Mainz (136/77)

2.Regulation (EEC) No 539/75 of the Commission of 28 February 1975 fixing the monetary compensatory amounts and certain rates for their application (Official Journal 1975 L 75 of 3 March 1975) fixed the monetary compensatory amounts to be charged or granted in trade between the nine Member States and in trade between the Community and third countries for the following wines:1. ex 22.05 C I and C II: Table wine with an actual alcoholic strength of not less than 8-5^o and a total alcoholic strength not exceeding 15^o as well as imported red and white wines2. ex 22.05 C I: Table wine of the R III type within the meaning of Regulation (EEC) No 945/70 and red wines presented for importation under the name Portugieser3. ex 22.05 C I: Table wine of the A II and A III types within the meaning of Regulation (EEC) No 945/70 and white wines presented for importation under the name Riesling or Sylvaner.’These amounts were discontinued as from 24 March 1975 by Regulation (EEC) No 722/75 of the Commission of 19 March 1975 amending Regulation (EEC) No 539/75 (Official Journal 1975 L 71 of 20 March 1975), except in Germany.The reasons for the discontinuance of those amounts are stated as follows in the second and fifth recitals of the preamble to Regulation (EEC) No 722/75:‘Whereas, as regards wine products, compensatory amounts are fixed only in respect of table wines; whereas production and marketing conditions for these wines differ from Member State to Member State; whereas it therefore seems possible to discontinue with immediate effect the compensatory amounts in most of the Member States without thereby disturbing trade;Whereas, with respect to wine, the measures provided for in this regulation are in accordance with the Opinion of the Management Committee for Wine’.Fresh monetary compensatory amounts were fixed as from 4 August 1975 by Regulation (EEC) No 2021/75 of the Commission of 31 July 1975 fixing the monetary compensatory amounts and certain rates for their application (Official Journal 1975 L 205 of 4 August 1975). With regard to wine, that regulation also provided for no compensatory amounts for the abovementioned products except in Germany.The second to last recital of the preamble to Regulation No 2021/75, having recalled the wording of Article 1 (3) of Regulation (EEC) No 974/71, continues as follows:‘Whereas in the present situation this rule makes it possible not to fix compensatory amounts for France and for Italy, and to fix amounts in the wine sector only for Germany’.Regulation (EEC) No 2448/75 of the Commission of 25 September 1975 suspending the monetary compensatory amounts for certains wines (Official Journal 1975 L 250 of 26 September 1975) suspended the monetary compensatory amounts in Germany for the first group of wines mentioned above with effect from 29 September 1975. The reasons for that suspension were stated as follows:‘Whereas compensatory amounts are at present applied to wine only in Germany; whereas a detailed study has shown that it is possible to discontinue the application of the monetary compensatory amounts in that country also in respect of certain wines, without causing disturbance of trade; whereas, however, it is necessary fo proceed with caution; whereas provision should therefore be made for the suspension of those amounts’.Commission Regulation (EEC) No 3071/76 of 15 December 1976 altering the monetary compensatory amounts applicable in the wine sector (Official Journal 1976 L 346 of 16 December 1976), which entered into force on 16 December 1976, likewise did not provide for monetary compensatory amounts in Germany for the first group of wines mentioned above, but fixed amounts in Italy and in France for all three abovementioned groups.

A. Racke v Hauptzollamt Mainz (136/77)

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