Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - GOODS IN FREE CIRCULATION - INCLUDED - FULL APPLICATION OF THE TREATY RULES - CONDITIONS - IMPLEMENTATION OF A COMMON COMMERCIAL POLICY

( EEC TREATY , ARTS 9 ( 2 ), 113 AND 115 )

2 . COMMON COMMERCIAL POLICY - IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT - NATIONAL PROTECTIVE MEASURES - PERMISSIBILITY - POWERS OF THE COMMISSION

( EEC TREATY , ART . 115 ; COUNCIL REGULATION NO 3589/82 )

3 . COMMON COMMERCIAL POLICY - NATIONAL PROTECTION MEASURES - COMMISSION AUTHORIZATION - CONDITIONS - AUTHORIZATION GRANTED TO THE BENELUX COUNTRIES TO ADOPT PROTECTIVE MEASURES WITH REGARD TO PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT

( EEC TREATY , ARTS 9 , 30 , 115 ; COUNCIL REGULATION NO 3589/82 )

4 . NON-CONTRACTUAL LIABILITY - CONDITIONS - ILLEGALITY OF THE ACTION WHICH CAUSED THE DAMAGE

( EEC TREATY , ART . 215 , SECOND PARAGRAPH )

5 . PROCEDURE - COSTS - INTERVENTION - PARTY INTERVENING IN SUPPORT OF THE SUCCESSFUL PARTY - NO CLAIM AS TO COSTS - CONSEQUENCES

( RULES OF PROCEDURE , ART . 69 ( 2 ))

Summary

1 . THE PROVISIONS FOR THE LIBERALIZATION OF INTRA-COMMUNITY TRADE APPLY IN IDENTICAL FASHION TO PRODUCTS ORIGINATING IN MEMBER STATES AND TO PRODUCTS FROM NON-MEMBER COUNTRIES WHICH ARE IN FREE CIRCULATION IN THE COMMUNITY EVEN WHERE THE IMPORT ARRANGEMENTS APPLYING TO THEM INVOLVE THE DIVISION OF A COMMUNITY QUOTA INTO NATIONAL SUB-QUOTAS . HOWEVER , THE FULL APPLICATION OF THE PRINCIPLE OF FREE MOVEMENT TO GOODS IMPORTED FROM NON-MEMBER COUNTRIES IS CONDITIONAL UPON THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY , BASED , IN ACCORDANCE WITH ARTICLE 113 ( 1 ) OF THE TREATY , ON UNIFORM PRINCIPLES .

THE ASSIMILATION TO GOODS ORIGINATING WITHIN THE MEMBER STATES OF GOODS ORIGINATING IN A NON-MEMBER COUNTRY BUT IN FREE CIRCULATION IN ONE OF THE MEMBER STATES MAY ONLY TAKE FULL EFFECT IF THOSE GOODS ARE SUBJECT TO THE SAME CONDITIONS OF IMPORTATION , WITH REGARD TO CUSTOMS AND COMMERCIAL CONSIDERATIONS , IRRESPECTIVE OF THE STATE IN WHICH THEY WERE RELEASED INTO FREE CIRCULATION .

WHERE THAT IS NOT THE CASE , THE COMMISSION HAS THE POWER , UNDER ARTICLE 115 , TO AUTHORIZE MEMBER STATES TO TAKE , WITH REGARD TO THOSE GOODS , PROTECTIVE MEASURES TO PREVENT DEFLECTIONS OF TRADE OR ECONOMIC DIFFICULTIES .

2 . ALTHOUGH , AS REGARDS PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT , REGULATION NO 3589/82 IS UNDOUBTEDLY A STEP TOWARDS THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY BASED ON UNIFORM PRINCIPLES , IT DOES NOT APPEAR THAT THE SYSTEM ESTABLISHED BY THAT REGULATION HAS BROUGHT ABOUT COMPLETE UNIFORMITY AS REGARDS CONDITIONS OF IMPORTATION FOR THE PRODUCTS IN QUESTION . THE COMMISSION HAS THEREFORE RETAINED THE POWER UNDER ARTICLE 115 TO GRANT A MEMBER STATE AUTHORIZATION TO ADOPT PROTECTIVE MEASURES WITH REGARD TO TEXTILE PRODUCTS COVERED BY REGULATION NO . 3589/82 AND IN FREE CIRCULATION IN OTHER MEMBER STATES WHERE THE CIRCUMSTANCES JUSTIFY SUCH ACTION .

3 . BECAUSE THE DEROGATIONS ALLOWED UNDER ARTICLE 115 OF THE TREATY CONSTITUTE NOT ONLY AN EXCEPTION TO THE PROVISIONS OF ARTICLES 9 AND 30 OF THE TREATY , WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET , BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR IN ARTICLE 113 , THEY MUST BE INTERPRETED AND APPLIED STRICTLY . MOREOVER , SINCE THE SYSTEM INTRODUCED BY REGULATION NO 3589/82 CONSTITUTES A STEP TOWARDS THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY BASED ON UNIFORM PRINCIPLES , THE COMMISSION MUST SHOW GREAT PRUDENCE AND MODERATION IN EXERCISING THE POWERS WHICH IT STILL HAS UNDER ARTICLE 115 WITH REGARD TO THE PRODUCTS COVERED BY THAT REGULATION . IT FOLLOWS THAT , AS FAR AS THOSE PRODUCTS ARE CONCERNED , THE COMMISSION MAY , SOLELY FOR SERIOUS REASONS AND FOR A LIMITED PERIOD , AFTER A FULL EXAMINATION OF THE SITUATION IN THE MEMBER STATE SEEKING A DECISION UNDER ARTICLE 115 AND HAVING REGARD TO THE GENERAL INTERESTS OF THE COMMUNITY , AUTHORIZE , PURSUANT TO THAT ARTICLE , THE PROTECTIVE MEASURES WHICH CAUSE THE LEAST DISRUPTION OF INTRA-COMMUNITY TRADE .

THE COMMISSION DID NOT EXCEED THE LIMITS OF ITS POWERS UNDER ARTICLE 115 BY AUTHORIZING THE BENELUX COUNTRIES TO ADOPT PROTECTIVE MEASURES WITH REGARD TO CERTAIN PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT SINCE THE ECONOMIC DIFFICULTIES INVOKED BY THE BENELUX COUNTRIES WERE REAL AND DUE , AT LEAST IN PART , TO IMPORTS OF TEXTILE PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES .

4 . THE COMMUNITY MAY INCUR LIABILITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY ONLY IF THE INSTITUTIONS HAVE ACTED UNLAWFULLY , ACTUAL DAMAGE HAS BEEN SUSTAINED AND A CAUSAL LINK EXISTS BETWEEN THE ACTION COMPLAINED OF AND THE ALLEGED DAMAGE . WHERE THE INSTITUTION ' S ACTION WHICH ALLEGEDLY CAUSED THE DAMAGE SUFFERED IS NOT UNLAWFUL IN ANY RESPECT , A CLAIM FOR DAMAGES MUST BE DISMISSED , WITHOUT IT BEING NECESSARY TO CONSIDER WHETHER THE OTHER CONDITIONS ARE MET .

5 . AN INTERVENER WHICH HAS NOT MADE ANY CLAIM AS TO COSTS MUST BEAR ITS OWN COSTS EVEN IF IT INTERVENED IN SUPPORT OF THE SUCCESSFUL PARTY .