Keywords

Summary



Keywords

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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - CHALLENGE TO THE LEGALITY OF A COMMUNITY MEASURE - POSSIBILITY OF BRINGING A DIRECT ACTION BEFORE THE COURT - ACTION BEFORE A NATIONAL COURT DIRECTED AGAINST NATIONAL IMPLEMENTING MEASURES AND BASED ON THE ILLEGALITY OF THE COMMUNITY MEASURE - CONCURRENT EXISTENCE

( EEC TREATY, ART . 173, SECOND PARAGRAPH )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - CHANGE IN THE COUNCIL' S POLICY WITH REGARD TO THE MANAGEMENT OF A COMMON ORGANIZATION OF THE MARKET - VESTED RIGHT OF TRADERS TO THE MAINTENANCE OF PREVIOUS ADVANTAGES - NONE - FUNDAMENTAL RIGHTS - FREEDOM TO PURSUE A TRADE OR PROFESSION - BREACH - NONE

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - COMMISSION DECISION ON MEASURES FOR THE PROMOTION OF SALES OF BUTTER ON THE WEST BERLIN MARKET - AIM - STABILIZATION OF THE MARKETS - AUTHORIZATION CONFERRED BY THE COUNCIL - OBSERVANCE - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( EEC TREATY, ART . 39*(1)*(C ); COUNCIL REGULATION NO 1079/77, ART . 4 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AUTHORIZATION CONFERRED ON THE COMMISSION TO ADOPT MEASURES FOR THE EXPANSION OF THE MARKET IN MILK PRODUCTS AND FOR THE DISPOSAL OF SURPLUSES - ARTICLE 4 OF COUNCIL REGULATION NO 1079/77 - LEGALITY

( COUNCIL REGULATION NO 1079/77, ART . 4 )

Summary

1 . THE POSSIBILITY OF BRINGING A DIRECT ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY AGAINST A DECISION ADOPTED BY A COMMUNITY INSTITUTION DOES NOT PRECLUDE THE POSSIBILITY OF BRINGING AN ACTION IN A NATIONAL COURT AGAINST A MEASURE ADOPTED BY A NATIONAL AUTHORITY FOR THE IMPLEMENTATION OF THAT DECISION ON THE GROUND THAT THE LATTER DECISION IS UNLAWFUL .

2 . AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM AN ORGANIZATION OF THE MARKET IN THE FORM IN WHICH IT EXISTED AT A GIVEN TIME . THAT PRINCIPLE ALSO APPLIES TO UNDERTAKINGS WHICH ARE NOT COVERED BY THE ORGANIZATION OF THE MARKET IN QUESTION . THE MARGARINE PRODUCERS CANNOT, IN THE EVENT OF A CHANGE IN THE COUNCIL' S POLICY ON THE PRICE OF BUTTER, RELY ON A BREACH OF THE PRINCIPLE OF FREEDOM TO PURSUE A TRADE OR PROFESSION, THE PRINCIPLE OF GENERAL FREEDOM TO PURSUE ANY LAWFUL ACTIVITY OR THE PRINCIPLE OF FREEDOM OF COMPETITION IN SUPPORT OF THE CONTENTION THAT A CHANGE OF THAT KIND INFRINGES THEIR FUNDAMENTAL RIGHTS .

A FORTIORI THE COMMISSION' S DECISION, ADOPTED ON THE BASIS OF THE COUNCIL' S AUTHORIZATION, TO CONDUCT A PILOT SCHEME, LIMITED IN SCOPE AND IN TIME, DESIGNED TO PROVIDE INFORMATION CONCERNING THE MARKET' S RESPONSE TO A FALL IN THE PRICE OF BUTTER AND INVOLVING THE IMPLEMENTATION OF MEASURES FOR THE PROMOTION OF SALES OF BUTTER ON THE WEST BERLIN MARKET, CANNOT CONSTITUTE AN INFRINGEMENT OF THAT KIND .

3 . THE COMMISSION' S DECISION OF 25 FEBRUARY 1985 ADDRESSED TO THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON MEASURES FOR THE PROMOTION OF SALES OF BUTTER ON THE WEST BERLIN MARKET IS COVERED BY THE AUTHORIZATION CONFERRED BY ARTICLE 4 OF COUNCIL REGULATION NO 1079/77 TO ADOPT MEASURES FOR THE EXPANSION OF MARKETS IN MILK PRODUCTS WITHIN THE COMMUNITY AND FOR THE SEARCH FOR NEW OUTLETS, AND THUS PURSUES THE AIM OF STABILIZING THE MARKETS WHICH IS REFERRED TO IN ARTICLE 39*(1)*(C ) OF THE TREATY .

MOREOVER, THAT DECISION HAS NOT CONTRAVENED THE PRINCIPLE OF PROPORTIONALITY SINCE IT WAS POSSIBLE TO CONDUCT A SCIENTIFIC SURVEY OF THE MARKET' S RESPONSE TO THE FALL IN THE PRICE OF BUTTER, WHICH THAT DECISION WAS DESIGNED TO PERMIT, IN SATISFACTORY CONDITIONS, PARTICULARLY FINANCIAL CONDITIONS, AND THE SURVEY HAS YIELDED USEFUL INFORMATION .

4 . EVEN THOUGH THE AUTHORIZATION WHICH IT CONFERS ON THE COMMISSION TO ADOPT MEASURES FOR THE EXPANSION OF THE MARKET IN MILK PRODUCTS AND FOR THE DISPOSAL OF SURPLUSES IS WORDED IN BROAD TERMS, ARTICLE 4 OF COUNCIL REGULATION NO 1079/77 SATISFIES THE REQUIREMENTS OF THE PRINCIPLE OF LEGALITY, IN VIEW OF THE FACT THAT, IN THE FIRST PLACE, THE IMPLEMENTING POWERS WHICH THE COUNCIL IS ENTITLED TO CONFER ON THE COMMISSION MAY, IN THE SPHERE OF THE COMMON AGRICULTURAL POLICY, INVOLVE WIDE POWERS OF DISCRETION AND ACTION, AND SECONDLY THE NATURE OF THE MEASURES TO BE ADOPTED IN ORDER TO ACHIEVE THE OBJECTIVES PURSUED COULD NOT BE DETERMINED IN ADVANCE .