Judgment_paragraph 73 · Alfred Thomas Edward Saint and Christopher Murray v Council of the European Union and Commission of the European Communities (T-554/93)

73The Council maintains that, in Birra Wübrer II (paragraph 22), the Court of Justice stated that the limitation period cannot start on the date on which the act which rectified the illegality of an earlier act entered into force. It follows that the date argued for by the applicants, that of the judgment in Mulder I, must likewise be ruled out. That date is in fact only a variation on the date of entry into force of the regulations which rectified the illegality of Regulation No 857/84. It is settled case-law (Joined Cases 66/79, 127/79 and 128/79 Salumi [1980] ECR 1237) that a ruling pursuant to Article 177 of the Treaty, such as Mulder I, clarifies the legal position as from the date of entry into force of the Community act in question and not only as from the date of the judgment. Consequently, as from the date of entry into force of Regulation No 857/84, it was unlawful not to allocate reference quantities to the producers concerned.

Alfred Thomas Edward Saint and Christopher Murray v Council of the European Union and Commission of the European Communities (T-554/93)

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