Keywords

Summary



Keywords

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1 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE ACTION INVOLVING MEASURES TAKEN IN THE SPHERE OF ECONOMIC POLICY - COMPENSATION - CONDITIONS

( EEC TREATY, ARTICLE 215 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - TRADE IN AGRICULTURAL PRODUCTS - MONETARY MEASURES - DISTURBANCES - COMPENSATORY AMOUNTS - EXCEPTIONAL NATURE - INTRODUCTION - MAINTENANCE - POWERS OF THE COMMISSION

( REGULATION NO 974/71, ARTICLE 1 ( 2 ), LAST SENTENCE )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MONETARY MEASURES - TRADE IN AGRICULTURAL PRODUCTS - DISTURBANCES - COMPENSATORY AMOUNTS - ENTITLEMENT - FACTS GIVING RISE THERETO

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MONETARY MEASURES - TRADE IN AGRICULTURAL PRODUCTS - DISTURBANCES - COMPENSATORY AMOUNTS - INDIVIDUAL INTERESTS - PROTECTION - LIABILITY OF THE COMMUNITY - DAMAGE SUFFERED BY THE PERSON CONCERNED - REPARATION - EXTENT

Summary

1 . WITH REGARD TO A MEASURE OF A LEGISLATIVE NATURE WHICH CONSTITUTES A MEASURE TAKEN IN THE SPHERE OF ECONOMIC POLICY, THE COMMUNITY CANNOT BE LIABLE FOR ANY DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT MEASURE UNDER THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .

2 . AS THE APPLICATION OF COMPENSATORY AMOUNTS IN THE EVENT OF DISTURBANCES TO TRADE IN AGRICULTURAL PRODUCTS BY MONETARY MEASURES IS A MEASURE OF AN EXCEPTIONAL NATURE, THE LAST SENTENCE OF ARTICLE 1 ( 2 ) OF REGULATION NO 974/71 MUST BE UNDERSTOOD AS ENUNCIATING A CONDITION NOT ONLY OF THE INTRODUCTION BUT ALSO OF THE MAINTENANCE OF COMPENSATORY AMOUNTS FOR A SPECIFIC PRODUCT .

THE COMMISSION HAS A LARGE AREA OF DISCRETION FOR JUDGING WHETHER THE MONETARY MEASURES CONCERNED MIGHT LEAD TO DISTURBANCES TO TRADE IN THE PRODUCT IN QUESTION .

IN ORDER TO JUDGE THE RISK OF SUCH DISTURBANCES, IT IS PERMISSIBLE FOR THE COMMISSION TO TAKE INTO ACCOUNT MARKET CONDITIONS AS WELL AS MONETARY FACTORS .

3 . THE ACTUAL RIGHT TO RECEIVE A COMPENSATORY AMOUNT ON EXPORTS IN THE EVENT OF DISTURBANCES TO TRADE IN AGRICULTURAL PRODUCTS BY MONETARY MEASURES IS ONLY CREATED BY THE PERFORMANCE OF THE EXPORT TRANSACTION AND ONLY FROM THE MOMENT WHEN THIS TAKES PLACE .

4 . NOTWITHSTANDING THE FACT THAT THE SYSTEM OF COMPENSATORY AMOUNTS DOES NOT OFFER A GUARANTEE FOR TRADERS AGAINST THE RISKS OF ALTERATION OF EXCHANGE RATES, A TRADER MAY LEGITIMATELY EXPECT THAT FOR TRANSACTIONS IRREVOCABLY UNDERTAKEN BY HIM BECAUSE HE HAS OBTAINED, SUBJECT TO A DEPOSIT, EXPORT LICENCES FIXING THE AMOUNT OF THE REFUND IN ADVANCE, NO UNFORESEEABLE ALTERATION WILL OCCUR WHICH COULD HAVE THE EFFECT OF CAUSING HIM INEVITABLE LOSS, BY RE-EXPOSING HIM TO THE EXCHANGE RISK . THE COMMUNITY IS THEREFORE LIABLE IF, IN THE ABSENCE OF AN OVERRIDING MATTER OF PUBLIC INTEREST, THE COMMISSION ABOLISHED WITH IMMEDIATE EFFECT AND WITHOUT WARNING THE APPLICATION OF COMPENSATORY AMOUNTS IN A SPECIFIC SECTOR WITHOUT ADOPTING TRANSITIONAL MEASURES WHICH WOULD AT LEAST PERMIT TRADERS EITHER TO AVOID THE LOSS WHICH WOULD HAVE BEEN SUFFERED IN THE PERFORMANCE OF EXPORT CONTRACTS, THE EXISTENCE AND IRREVOCABILITY OF WHICH ARE ESTABLISHED BY THE ADVANCE FIXING OF THE REFUNDS, OR TO BE COMPENSATED FOR SUCH LOSS .

WITH REGARD TO THE EXTENT OF THE LOSS TO BE COMPENSATED, THE COMMUNITY IS OBLIGED TO MAKE GOOD THE LOSS SUFFERED BY THE APPLICANT, BY REASON OF THE WITHDRAWAL OF THE COMPENSATORY AMOUNTS, IN THE PERFORMANCE OF EXPORT TRANSACTIONS FOR WHICH THE REFUNDS HAD BEEN FIXED .