Keywords

Summary



Keywords

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1 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATIONS IN EXISTING AID - NOTIFICATION OF THE COMMISSION - OBJECT - PERIOD FOR CONSIDERATION AND EXAMINATION

( ARTICLE 93 ( 2 ) AND ( 3 ), EEC TREATY )

2 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATIONS IN EXISTING AID - PERIOD FOR CONSIDERATION AND EXAMINATION BY THE COMMISSION - LENGTH

( ARTICLE 93 ( 3 ), EEC TREATY )

3 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATIONS IN EXISTING AID - EXPIRATION OF THE PERIOD FOR CONSIDERATION AND EXAMINATION - INTRODUCTION - PRIOR NOTICE

( ARTICLE 93 ( 3 ), EEC TREATY )

4 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATIONS IN EXISTING AID - PROHIBITION ON INTRODUCTION - PRELIMINARY PERIOD

( ARTICLE 93 ( 3 ), EEC TREATY )

5 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATIONS IN EXISTING AID - INFORMING THE COMMISSION - PRELIMINARY EXAMINATION - DECISION NOT TO INITIATE THE CONTENTIOUS PROCEDURE - NOTIFICATION - NO SPECIAL FORM

( ARTICLE 93 ( 3 ), EEC TREATY )

6 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATIONS IN EXISTING AID - PUTTING INTO EFFECT - PROHIBITION - DIRECT EFFECT - EXTENT - RIGHTS OF THE INDIVIDUAL - PROTECTION BY NATIONAL COURTS

( ARTICLE 93 ( 3 ), EEC TREATY )

7 . AIDS GRANTED BY STATES - PROPOSALS - ALTERATION IN EXISTING AID - PUTTING INTO EFFECT - DIRECT EFFECT - APPLICATION IN MEMBER STATES - RULES

( ARTICLE 93 ( 3 ), EEC TREATY )

Summary

1 . IN STATING THAT THE COMMISSION SHALL BE INFORMED OF PLANS TO GRANT NEW OR ALTER EXISTING AID " IN SUFFICIENT TIME TO ENABLE IT TO SUBMIT ITS COMMENTS ", THE DRAFTSMEN OF THE TREATY HAVE SOUGHT TO PROVIDE THIS INSTITUTION WITH SUFFICIENT TIME FOR CONSIDERATION AND INVESTIGATION TO FORM A PRIMA FACIE OPINION ON THE PARTIAL OR COMPLETE CONFORMITY WITH THE TREATY OR THE PLANS WHICH HAVE BEEN NOTIFIED TO IT .

2 . IN THE ABSENCE OF ANY REGULATION SPECIFYING THIS PERIOD, THE MEMBER STATES CANNOT UNILATERALLY TERMINATE IT, BUT THE COMMISSION WOULD NOT ACT WITH PROPER DILIGENCE IF IT OMITTED TO DEFINE ITS ATTITUDE WITHIN A REASONABLE PERIOD, GUIDED BY ARTICLES 173 AND 175, WHICH PROVIDE FOR A PERIOD OF TWO MONTHS .

3 . WHEN THIS PERIOD HAS EXPIRED, THE MEMBER STATE CONCERNED MAY IMPLEMENT THE PLAN, BUT THE REQUIREMENTS OF LEGAL CERTAINTY INVOLVE THAT PRIOR NOTICE SHOULD BE GIVEN TO THE COMMISSION . THE AID THEREUPON COMES UNDER THE SYSTEM OF EXISTING AID .

4 . THE OBJECTIVE PURSUED BY ARTICLE 93 ( 3 ), WHICH IS TO PREVENT THE IMPLEMENTATION OF AID CONTRARY TO THE TREATY, IMPLIES THAT THIS PROHIBITION IS EFFECTIVE DURING THE WHOLE OF THE PRELIMINARY PERIOD .

5 . THE THIRD SENTENCE OF PARAGRAPH 3 OF ARTICLE 93 MUST BE INTERPRETED AS MEANING THAT IF THE COMMISSION, DURING THE PRELIMINARY EXAMINATION OF AID WHICH HAS BEEN NOTIFIED TO IT, ARRIVES AT THE CONCLUSION THAT THERE IS NO NEED TO INITIATE THE CONTENTIOUS PROCEDURE, IT IS NOT BOUND TO ISSUE A DECISION WITHIN THE MEANING OF ARTICLE 189 .

6 . THE PROHIBITION UPON THE MEMBER STATE CONCERNED PUTTING ITS PROPOSED MEASURES INTO EFFECT EXTENDS TO ALL AID WHICH IS GRANTED WITHOUT BEING NOTIFIED; IN THE EVENT OF NOTIFICATION, IT OPERATES DURING THE PRELIMINARY PERIOD, AND WHERE THE COMMISSION SETS IN MOTION THE CONTENTIOUS PROCEDURE, UP TO THE FINAL DECISION . AS REGARDS THE WHOLE OF THIS PERIOD IT CONFERS RIGHTS ON INDIVIDUALS WHICH THE NATIONAL COURTS ARE BOUND TO SAFEGUARD .

7 . WHILE THE DIRECT EFFECT OF THE LAST SENTENCE OF ARTICLE 93 REQUIRES NATIONAL COURTS TO APPLY THIS PROVISION WITHOUT ANY POSSIBILITY OF ITS BEING EXCLUDED BY RULES OF NATIONAL LAW OF ANY KIND WHATSOEVER, IT IS FOR THE INTERNAL LEGAL SYSTEM OF EVERY MEMBER STATE TO DETERMINE THE LEGAL PROCEDURE LEADING TO THIS RESULT .