Keywords

Summary



Keywords

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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . PROCEDURE - PRELIMINARY RULING - REFERENCE TO THE COURT BY A NATIONAL COURT OR TRIBUNAL - APPLICABILITY OF THE PROVISION REFERRED FOR INTERPRETATION - EXPRESS STATEMENT NOT OBLIGATORY

( EEC TREATY, ARTICLE 177 )

3 . QUANTITATIVE RESTRICTIONS - ABOLITION - CREATION OF NEW RESTRICTIONS AND INTENSIFYING OF EXISTING RESTRICTIONS PROHIBITED - INDIVIDUAL RIGHTS - PROTECTION OF THE SAME - DETAILED RULES FOR APPLICATION - VARIATION ACCORDING TO NATIONAL LEGAL SYSTEMS

( EEC TREATY, FIRST PARAGRAPH OF ARTICLE 31; FIRST PARAGRAPH OF ARTICLE 32 )

4 . QUANTITATIVE RESTRICTIONS - GLOBAL QUOTAS - CALCULATION - DISCRETION OF MEMBER STATES - NO INDIVIDUAL RIGHTS

( EEC TREATY, ARTICLE 32, ARTICLE 33 )

5 . MEMBER STATES - PROTECTIVE MEASURES - STRICT INTERPRETATION

( EEC TREATY, ARTICLE 36, ARTICLE 224, ARTICLE 226 )

Summary

1 . THE COURT HAS NO JURISDICTION WHEN DEALING WITH A REFERENCE UNDER ARTICLE 177 EITHER TO TAKE COGNIZANCE OF THE FACTS OF THE CASE OR TO CRITICIZE THE REASONS FOR THE REFERENCE . IN PARTICULAR, IT HAS NO JURISDICTION TO DECIDE WHETHER ONE OR OTHER OF THE PROVISIONS REFERRED FOR AN INTERPRETATION IS APPLICABLE TO THE CASE AT ISSUE . THERE IS THEREFORE A VALID REFERENCE TO THE COURT IN SO FAR AS THE QUOTATION OF THE PROVISION IN QUESTION IS NOT INCORRECT ON THE FACE OF IT .

2 . A NATIONAL COURT OR TRIBUNAL WHICH REFERS A QUESTION TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY IS NOT REQUIRED TO STATE EXPRESSLY THAT THE PROVISION WHICH APPEARS TO IT TO CALL FOR AN INTERPRETATION IS APPLICABLE .

3 . ( A ) ONCE THE LISTS OF LIBERALIZED PRODUCTS HAVE BEEN SUPPLIED, OR AT THE LATEST ONCE THE TIME-LIMIT LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 31 OF THE EEC TREATY FOR THE SUPPLY OF THESE LISTS HAS EXPIRED, ARTICLE 31 PRODUCES DIRECT EFFECTS ON THE RELATIONSHIPS BETWEEN A MEMBER STATE AND THOSE SUBJECT TO ITS JURISDICTION, AND CREATES RIGHTS IN FAVOUR OF THE LATTER WHICH NATIONAL COURTS MUST PROTECT .

( B ) THE FIRST PARAGRAPH OF ARTICLE 32 PRODUCES THE SAME EFFECTS AND CREATES THE SAME RIGHTS .

( C ) THE ABOVEMENTIONED PROVISIONS REQUIRE THE AUTHORITIES, AND IN PARTICULAR THE RELEVANT COURTS OF THE MEMBER STATES, TO PROTECT THE INTERESTS OF THOSE PERSONS SUBJECT TO THEIR JURISDICTION WHO MAY BE AFFECTED BY ANY POSSIBLE INFRINGEMENT OF THE SAID PROVISIONS, BY ENSURING FOR THEM DIRECT AND IMMEDIATE PROTECTION OF THEIR INTERESTS . HOWEVER, IT IS FOR THE NATIONAL LEGAL SYSTEM TO DETERMINE WHICH COURT OF TRIBUNAL HAS JURISDICTION TO GIVE THIS PROTECTION AND, FOR THIS PURPOSE, TO DECIDE HOW THE INDIVIDUAL POSITION THUS PROTECTED IS TO BE CLASSIFIED .

4 . AS REGARDS THE DATA FOR AND THE METHODS OF CALCULATING ' GLOBAL QUOTAS ', ' TOTAL VALUE ' AND ' NATIONAL PRODUCTION ' WITHIN THE MEANING OF PARAGRAPH ( 1 ) AND THE FIRST SUBPARAGRAPH OF PARAGRAPH ( 2 ) OF ARTICLE 33 OF THE EEC TREATY, SEVERAL SOLUTIONS MAY BE ENVISAGED . THEREFORE THE MEMBER STATES ARE LEFT WITH SOME DISCRETION CONCERNING THEIR OBLIGATIONS RELATING TO THESE CONCEPTS .

ACCORDINGLY, THE ABOVEMENTIONED PROVISIONS AND THE LAST SENTENCE OF ARTICLE 32 OF THE EEC TREATY DO NOT APPLY IN A SUFFICIENTLY PRECISE WAY TO BE CAPABLE OF PRODUCING DIRECT EFFECTS ON THE RELATIONSHIPS BETWEEN THE MEMBER STATES AND THOSE SUBJECT TO ITS JURISDICTION .

5 . THE PROVISIONS OF ARTICLES 36, 224 AND 226 OF THE EEC TREATY DEAL WITH EXCEPTIONAL CASES WHICH ARE CLEARLY DEFINED AND WHICH DO NOT LEND THEMSELVES TO ANY WIDE INTERPRETATION . THEY CANNOT THEREFORE BE RELIED UPON SO AS TO DENY THAT ARTICLE 31 OF THE TREATY IS DIRECTLY APPLICABLE IN ITS EFFECTS .