Keywords

Summary



Keywords

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1 . PROCEDURE - ACTION FOR DAMAGES - INDEPENDENT NATURE - DIFFERENCE FROM APPLICATION FOR ANNULMENT

( EEC TREATY, ARTICLES 178, 215 )

2 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE INVOLVING MEASURES OF ECONOMIC POLICY - COMPENSATION - CONDITIONS

( EEC TREATY, ARTICLE 215 )

3 . AGRICULTURE - DEVALUATION OF THE FRENCH FRANC - IMPORTS INTO FRANCE - PRICE - SUBSIDIES - PURPOSE - SCOPE ( REGULATION NO 1586/69 OF THE COUNCIL, ARTICLES 1 TO 3; REGULATION NO 1432/70 OF THE COUNCIL, ARTICLE 1 )

4 . EEC - BALANCE OF PAYMENTS - RATE OF EXCHANGE - MODIFICATION - POWERS OF MEMBER STATES

( EEC TREATY, ARTICLE 107 )

5 . EEC - CONJUNCTURAL POLICY - POWERS OF INSTITUTIONS - CONCEPT

( EEC TREATY, ARTICLE 103 )

6 . AGRICULTURE - COMMON AGRICULTURAL POLICY - SUPPORT - PURPOSE - EXPORTATION

( EEC TREATY, ARTICLE 39 )

Summary

1 . THE ACTION FOR DAMAGES PROVIDED FOR UNDER ARTICLES 178 AND 215 OF THE TREATY WAS ESTABLISHED AS AN INDEPENDENT REMEDY; ITS SPECIFIC FUNCTION COMES WITHIN THE FRAMEWORK OF THE SYSTEM OF LEGAL REMEDIES AND IT IS SUBJECT TO CONDITIONS LAID DOWN FOR ITS EXERCISE IN THE LIGHT OF ITS SPECIFIC PURPOSE . IT DIFFERS FROM AN APPLICATION FOR ANNULMENT IN THAT IT SEEKS COMPENSATION FOR DAMAGE CAUSED BY AN INSTITUTION IN THE EXERCISE OF ITS FUNCTIONS AND NOT ABOLITION OF A SPECIFIC MEASURE .

2 . WHERE A LEGISLATIVE MEASURE INVOLVING MEASURES OF ECONOMIC POLICY IS CONCERNED, THE COMMUNITY DOES NOT INCUR NON-CONTRACTUAL LIABILITY FOR DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT MEASURE BY VIRTUE OF THE PROVISIONS IN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY UNLESS A SUFFICIENTLY CLEAR VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .

3 . THE MEASURES FOR WHOSE EFFECTS THE SUBSIDIES ON IMPORTS FROM MEMBER STATES AND THIRD COUNTRIES TO BE GRANTED BY THE FRENCH REPUBLIC FOLLOWING THE DEVALUATION OF THE FRENCH FRANC IN 1969, WERE INTENDED TO COMPENSATE WERE EXCLUSIVELY CONCERNED WITH THE AMOUNTS TO BE PAID BY THAT MEMBER STATE IN THE CONTEXT OF ITS INTERVENTIONS ON THE INTERNAL MARKET AND NOT WITH THE AMOUNTS WHICH, LIKE THE LEVY IMPOSED ON IMPORTS OF CEREALS, RELATE TO TRADE WITH THIRD COUNTRIES AND MUST BE PAID BY TRADERS .

NOTHING IN REGULATIONS NOS 1586/69 OR 1432/70 JUSTIFIES THE ASSUMPTION THAT THE COUNCIL INTENDED TO COMPENSATE FOR ALL THE EFFECTS OF THE DEVALUATION OF THE FRENCH FRANC ON THE PURCHASE PRICE, EXPRESSED IN THAT CURRENCY, OF CEREALS FROM THIRD COUNTRIES IMPORTED INTO FRANCE .

4 . IT IS CLEAR FROM ARTICLE 107 OF THE EEC TREATY THAT IT IS FOR EACH MEMBER STATE TO DECIDE UPON ANY ALTERATION IN THE RATE OF EXCHANGE OF ITS CURRENCY UNDER THE CONDITIONS LAID DOWN BY THAT PROVISION .

5 . ALTHOUGH THE POWERS CONFERRED ON THE COMMUNITY INSTITUTIONS BY THE TREATY, IN PARTICULAR BY ARTICLE 103 ( 2 ) THEREOF, INCLUDE THE POWER TO ALLEVIATE, IN THE COMMON INTEREST, CERTAIN EFFECTS OF A DEVALUATION OR OF A REVALUATION, IT DOES NOT FOLLOW THAT THE COUNCIL MUST COMPENSATE FOR ALL THESE EFFECTS IN SO FAR AS THEY ARE ADVERSE TO THE IMPORTERS OR EXPORTERS OF THE MEMBER STATE CONCERNED .

IN FACT, BY EMPOWERING THE COUNCIL TO " DECIDE UPON THE MEASURES APPROPRIATE TO THE SITUATION ", WITHOUT OBLIGING IT TO DO SO, ARTICLE 103 CONFERRED ON THAT INSTITUTION A WIDE POWER OF DISCRETION TO BE EXERCISED IN ACCORDANCE WITH THE " COMMON INTEREST " AND NOT WITH THE INDIVIDUAL INTERESTS OF A SPECIFIC GROUP OF TRADERS .

6 . SINCE THE MAIN OBJECTIVE OF THE COMMON AGRICULTURAL POLICY IS " TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY, IN PARTICULAR BY INCREASING THE INDIVIDUAL EARNINGS OF PERSONS ENGAGED IN AGRICULTURE " THERE MAY BE GREATER JUSTIFICATION FOR SUPPORTING THE EXPORTATION OF AGRICULTURAL PRODUCTS TO THIRD COUNTRIES RATHER THAN THE IMPORTATION OF THOSE PRODUCTS .