Keywords

Summary



Keywords

1 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - PROVISIONS OF THE TREATY - TEMPORAL APPLICATION

( EEC TREATY , ART . 37 )

2 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - EXERCISE OF EXCLUSIVE RIGHTS - MEASURES LINKED TO THE GRANT OF AN AID - ASSESSMENT IN THE LIGHT OF ARTICLE 37

( EEC TREATY , ART . 37 , 92 AND 93 )

3 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - MARKETING OF A PRODUCT AT AN ABNORMALLY LOW RESALE PRICE - INCOMPATIBLE WITH ARTICLE 37

( EEC TREATY , ART . 37 )

4 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - DISCRIMINATION - PROHIBITION - DIRECT EFFECT

( EEC TREATY , ART . 37 )

5 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - PROVISIONS OF THE TREATY - PRODUCTS IMPORTED FROM THIRD COUNTRIES - NOT APPLICABLE

( EEC TREATY , ART . 37 )

6 . ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES - COUNCIL DECISION NO 70/549/EEC - EFFECTS - GOODS COMING FROM THE COUNTRIES AND TERRITORIES CONCERNED - COMMUNITY PRODUCTS SUBJECT TO A MONOPOLY OF A COMMERCIAL CHARACTER - EQUALITY OF TREATMENT

( EEC TREATY , ART . 37 ; COUNCIL DECISION NO 70/549 , ART . 2 ( 1 ) AND ART . 5 ( 1 ))

Summary

1 . ARTICLE 37 OF THE EEC TREATY REMAINS APPLICABLE , FOLLOWING THE EXPIRY OF THE TRANSITIONAL PERIOD , WHEREVER , EVEN AFTER THE ADJUSTMENT PRESCRIBED IN THE TREATY , THE EXERCISE BY A STATE MONOPOLY OF ITS EXCLUSIVE RIGHTS ENTAILS AN INSTANCE OF DISCRIMINATION OR RESTRICTION PROHIBITED BY THAT ARTICLE . IN PARTICULAR , IN THE CASE OF AN ACTIVITY SPECIFICALLY CONNECTED WITH THE EXERCISE BY A STATE MONOPOLY OF ITS EXCLUSIVE RIGHT TO PURCHASE , PROCESS AND SELL , THE APPLICATION OF ARTICLE 37 CANNOT BE EXCLUDED .

2 . ARTICLE 37 OF THE EEC TREATY CONSTITUTES IN RELATION TO ARTICLES 92 AND 93 OF THAT TREATY A LEX SPECIALIS IN THE SENSE THAT STATE MEASURES , INHERENT IN THE EXERCISE BY A STATE MONOPOLY OF A COMMERCIAL CHARACTER OF ITS EXCLUSIVE RIGHT MUST , EVEN WHERE THEY ARE LINKED TO THE GRANT OF AN AID TO PRODUCERS SUBJECT TO THE MONOPOLY , BE CONSIDERED IN THE LIGHT OF THE REQUIREMENTS OF ARTICLE 37 .

3 . ANY PRACTICE BY A STATE MONOPOLY WHICH CONSISTS IN MARKETING A PRODUCT WITH THE AID OF PUBLIC FUNDS AT AN ABNORMALLY LOW RESALE PRICE COMPARED TO THE PRICE , BEFORE TAX , OF A PRODUCT OF COMPARABLE QUANTITY IMPORTED FROM ANOTHER MEMBER STATE IS INCOMPATIBLE WITH ARTICLE 37 ( 1 ) OF THE TREATY .

4 . ARTICLE 37 OF THE TREATY CONFERS RIGHTS , WHICH THE NATIONAL COURTS MUST PROTECT , ON TRADERS WHO SUFFER THE FINANCIAL CONSEQUENCES OF DISCRIMINATION RESULTING FROM AN ABNORMAL REDUCTION OF THE RESALE PRICE CHARGED BY A PUBLIC MONOPOLY THROUGH THE USE OF STATE FUNDS .

5 . THE SPHERE OF APPLICATION OF ARTICLE 37 OF THE TREATY DOES NOT EXTEND TO STATE MEASURES WHICH AFFECT THE IMPORTATION OF GOODS FROM THIRD COUNTRIES , SINCE THE ARRANGEMENTS FOR THE IMPORTATION OF SUCH PRODUCTS ARE SUBJECT NOT TO THE PROVISIONS GOVERNING THE INTERNAL MARKET BUT TO THOSE RELATING TO COMMERCIAL POLICY .

6 . COUNCIL DECISION NO 70/549 OF 29 SEPTEMBER 1970 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY IS INTENDED TO PLACE GOODS ORIGINATING IN THE COUNTRIES AND TERRITORIES CONCERNED ON AN EQUAL FOOTING WITH COMMUNITY PRODUCTS SO FAR AS CONCERNS ANY DISCRIMINATORY PRACTICES ON THE PART OF A STATE MONOPOLY OF A COMMERCIAL CHARACTER .