Keywords

Summary



Keywords

++++

1 . PROCEDURE - MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - ACTION FOR DECLARATION - TIME-LIMIT - POWER OF APPRAISAL OF THE COMMISSION

( EURATOM TREATY, ARTICLE 141 )

2 . PROCEDURE - MEMBER STATES - OBLIGATIONS - TREATY PROVISIONS IN FORCE - APPRAISAL BY THE COMMISSION - FAILURE TO FULFIL OBLIGATION - ACTION FOR DECLARATION - NO MISUSE OF PROCEDURE

3 . EURATOM TREATY - PERMANENT CHARACTER - DEPRIVATION OF POWERS - NECESSITY FOR AN EXPRESS PROVISION OF THE TREATY

4 . EURATOM TREATY - SUPPLY - SPECIAL PROVISIONS - FAILURE BY THE COUNCIL TO EXERCISE THE POWERS CONFERRED BY THE SECOND PARAGRAPH OF ARTICLE 86 - NO LAPSE OF THE PROVISIONS OF CHAPTER VI OF TITLE TWO OF THE EURATOM TREATY - VALIDITY

5 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - DEFENDANT MEMBER STATE IN A POSITION OF LEGAL UNCERTAINTY - FAILURE TO FULFIL OBLIGATION NOT JUSTIFIED

( EURATOM TREATY, ARTICLE 141 )

6 . MEMBER STATES - OBLIGATION - FAILURE TO FULFIL - DECLARATION - NO REQUIREMENT THAT OTHER MEMBER STATES SHOULD HAVE BEEN PREJUDICED

Summary

1 . THE ACTION FOR A DECLARATION THAT A STATE HAS FAILED TO FULFIL ITS OBLIGATIONS, PROVIDED FOR BY ARTICLE 141 OF THE TREATY, DOES NOT HAVE TO BE BROUGHT WITHIN A FIXED TIME-LIMIT, SINCE BY REASON OF ITS NATURE AND ITS PURPOSE, THIS PROCEDURE INVOLVES A POWER ON THE PART OF THE COMMISSION TO CONSIDER THE MOST APPROPRIATE MEANS AND TIME-LIMITS FOR THE PURPOSES OF PUTTING AN END TO ANY CONTRAVENTIONS OF THE TREATY . THE FACT THAT THE COMMISSION ONLY COMMENCED ITS ACTION AFTER A LENGTHY PERIOD OF TIME CANNOT HAVE THE EFFECT OF REGULARIZING A CONTINUING CONTRAVENTION .

2 . AN ACTION SEEKING TO ESTABLISH THAT A MEMBER STATE HAS NOT COMPLIED WITH OBLIGATIONS ARISING FROM PROVISIONS OF THE TREATY WHICH THE COMMISSION CONSIDERS TO BE IN FORCE SERVES TO ENSURE THE APPLICATION OF THE TREATY, AND CANNOT CONSTITUTE A MISUSE OF PROCEDURE .

3 . IT CANNOT BE PRESUMED THAT PROVISIONS OF THE TREATY HAVE LAPSED . THE MEMBER STATES AGREED TO ESTABLISH A COMMUNITY OF UNLIMITED DURATION, HAVING PERMANENT INSTITUTIONS INVESTED WITH REAL POWERS, STEMMING FROM A LIMITATION OF AUTHORITY OR A TRANSFER OF POWERS FROM THE STATES TO THAT COMMUNITY . POWERS THUS CONFERRED CANNOT, THEREFORE, BE WITHDRAWN FROM THE COMMUNITY AND RESTORED TO THE MEMBER STATES EXCEPT BY VIRTUE OF AN EXPRESS PROVISION OF THE TREATY .

4 . THE OBJECT OF ARTICLE 76 OF THE EURATOM TREATY IS TO PERMIT THE SUPPLY SYSTEM TO BE ADAPTED TO CHANGING CIRCUMSTANCES, AND CANNOT, THEREFORE, BE INTERPRETED AS DEPRIVING THE COMMUNITY OF A MEANS OF ACTION DESIGNED TO ACHIEVE ONE OF THE OBJECTIVES OF THE TREATY . EVEN AN ABSTENTION BY THE COUNCIL FROM EXERCISING THE POWERS WHICH IT HOLDS UNDER THE SECOND PARAGRAPH OF ARTICLE 76 WITH A VIEW TO ADAPTING THE PROVISIONS OF CHAPTER VI OF TITLE II OF THE TREATY IN THE LIGHT OF EXPERIENCE, CANNOT HAVE THE EFFECT OF CAUSING THESE PROVISIONS TO LAPSE, EITHER IMMEDIATELY OR AT ANY SUBSEQUENT DATE . UNTIL THE COUNCIL' S DECISION, THE PROVISIONS OF CHAPTER VI ARE ONLY MAINTAINED ON A TEMPORARY BASIS, SO THAT AT ANY MOMENT THERE MAY BE SUBSTITUTED FOR THEM A SET OF NEW PROVISIONS CONSTITUTING A DIFFERENT SUPPLY SYSTEM .

5 . IT IS NOT POSSIBLE TO JUSTIFY A FAILURE TO FULFIL AN OBLIGATION BY INVOKING THE UNCERTAINTY OF THE LEGAL SITUATION IN WHICH THE DEFENDANT MEMBER STATE FOUND ITSELF .

6 . ARTICLE 141 DOES NOT REQUIRE THAT OTHER MEMBER STATES SHOULD HAVE BEEN PREJUDICED AS A CONDITION FOR THE USE OF THE PROCEDURE FOR A DECLARATION OF A FAILURE TO FULFIL AN OBLIGATION .