Keywords

Summary



Keywords

1 . REFERENCE FOR A PRELIMINARY RULING - REFERENCE TO THE COURT - DUTY OF NATIONAL COURTS TO SUPPLY ADEQUATE INFORMATION - LIMITS

( EEC TREATY , ART . 177 )

2 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING AN EQUIVALENT EFFECT - NATIONAL MINIMUM STANDARDS FOR ENCLOSURES FOR FATTING CALVES - PERMISSIBILITY

( EEC TREATY , ART . 34 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN CONSUMERS AND PRODUCERS - PROHIBITION - SCOPE - CONDITIONS OF PRODUCTION FIXED BY NATIONAL RULES WHICH ARE GENERAL IN CHARACTER AND INTENDED TO ATTAIN OBJECTIVES OTHER THAN THOSE OF THE COMMON ORGANIZATION - CONDITIONS NOT INCLUDED IN THE PROHIBITION

( EEC TREATY , ART . 40 ( 3 ))

5 . FREE MOVEMENT OF GOODS - AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - NATIONAL MINIMUM STANDARDS FOR ENCLOSURES FOR FATTING CALVES - PERMISSIBILITY

Summary

1 . THE INFORMATION FURNISHED IN THE DECISIONS MAKING REFERENCES DOES NOT SERVE ONLY TO ENABLE THE COURT TO GIVE HELPFUL ANSWERS BUT ALSO TO ENABLE THE GOVERNMENTS OF THE MEMBER STATES AND OTHER INTERESTED PARTIES TO SUBMIT OBSERVATIONS IN ACCORDANCE WITH ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT ( EEC ).

PROVIDED THAT THE JUDGMENT MAKING THE REFERENCE , ALTHOUGH NOT MAKING APPARENT THE GROUNDS FOR THE QUESTION REFERRED TO THE COURT FOR A PRELIMINARY RULING WITH THE CLARITY ADVOCATED FOR THE PURPOSE OF THE APPLICATION OF ARTICLE 177 OF THE TREATY , ENABLES THE CONCLUSION TO BE DRAWN THAT THE NATIONAL COURT ' S DOUBTS RELATE TO THE QUESTION WHETHER A CONDITION IMPOSED BY NATIONAL LEGISLATION ON LIVESTOCK PRODUCTION FALLING WITHIN A COMMON ORGANIZATION OF THE MARKET IS COMPATIBLE WITH COMMUNITY LAW , IT CANNOT BE SAID THAT BECAUSE OF THE VERY SUCCINCT NATURE OF THAT JUDGMENT THE MEMBER STATES HAVE BEEN DEPRIVED OF THE OPPORTUNITY TO SUBMIT OBSERVATIONS RELEVANT TO THE ANSWER TO BE GIVEN TO THE QUESTION SUBMITTED FOR A PRELIMINARY RULING .

2 . IT IS NOT FOR THE COURT , IN PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY , TO ADJUDICATE UPON THE COMPATIBILITY OF EXISTING OR PROPOSED NATIONAL RULES WITH COMMUNITY LAW BUT ONLY UPON THE INTERPRETATION AND VALIDITY OF COMMUNITY LAW .

3 . ARTICLE 34 OF THE TREATY CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION .

THAT IS NOT THE CASE WHERE A PROVISION LAYS DOWN THE MINIMUM STANDARDS FOR ENCLOSURES FOR FATTING CALVES , WITHOUT MAKING ANY DISTINCTION AS TO WHETHER THE ANIMALS OR THEIR MEAT ARE INTENDED FOR THE NATIONAL MARKET OR FOR EXPORT .

4 . THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET PURSUANT TO ARTICLE 40 OF THE TREATY DOES NOT HAVE THE EFFECT OF EXEMPTING AGRICULTURAL PRODUCERS FROM ANY NATIONAL PROVISIONS INTENDED TO ATTAIN OBJECTIVES OTHER THAN THOSE COVERED BY THE COMMON ORGANIZATION , EVEN THOUGH SUCH PROVISIONS MAY , BY AFFECTING THE CONDITIONS OF PRODUCTION , HAVE AN IMPACT ON THE VOLUME OR COST OF NATIONAL PRODUCTION AND THEREFORE ON THE OPERATION OF THE COMMON MARKET IN THE SECTOR CONCERNED . THE PROHIBITION OF ANY DISCRIMINATION BETWEEN THE PRODUCERS IN THE COMMUNITY , LAID DOWN IN ARTICLE 40 ( 3 ), REFERS TO THE OBJECTIVES PURSUED BY THE COMMON ORGANIZATION AND NOT TO THE VARIOUS CONDITIONS OF PRODUCTION RESULTING FROM NATIONAL RULES WHICH ARE GENERAL IN CHARACTER AND PURSUE OTHER OBJECTIVES .

5 . AS COMMUNITY LAW STANDS AT PRESENT , THE GENERAL RULES ON THE FREE MOVEMENT OF GOODS AND ON THE COMMON ORGANIZATIONS OF THE MARKETS IN THE AGRICULTURAL SECTOR DO NOT PREVENT A MEMBER STATE FROM MAINTAINING OR INTRODUCING UNILATERAL RULES CONCERNING THE STANDARDS WHICH MUST BE OBSERVED IN THE INSTALLATION OF ENCLOSURES FOR FATTING CALVES WITH A VIEW TO PROTECTING THE ANIMALS AND WHICH APPLY WITHOUT DISTINCTION TO CALVES INTENDED FOR THE NATIONAL MARKET AND TO CALVES INTENDED FOR EXPORT .