22With particular regard to the validity of Regulations Nos 1251/89 and 1252/89, the national court refers to the judgment in Case C-368/89 Crispoltoni v Fattoria Autonoma Tabacchi di Città di Castello [1991] ECRI-3695 (‘Crispoltoni I’), in which the Court declared invalid Regulation No 1114/88 and Council Regulation (EEC) No 2268/88 of 19 July 1988 fixing, for the 1988 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tobacco, the derived intervention prices for baled tobacco, the reference qualities, the production areas and the guaranteed maximum quantities and amending Regulation (EEC) No 1975/87 (OJ 1988 L 199, p. 20) in so far as they laid down a maximum guaranteed quantity for tobacco of the Bright variety harvested in 1988. The Court took the view that those regulations, which had been published on 29 April 1988 and 26 July 1988 respectively, that is to say, on dates by which the production choices had already been decided or made, had a retroactive effect which was not necessary for achieving their objective and which adversely affected the legitimate expectations of the traders concerned.
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