Keywords

Summary



Keywords

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1 . MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY - STATEMENT OF REASONS - OMISSION OF NON-OBLIGATORY PARTICULARS - MEANING OF SILENCE OF THE ADMINISTRATION

( EEC TREATY, ARTICLE 190 )

2 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - STATEMENT OF REASONS - MEASURE IDENTICAL TO A PREVIOUS MEASURE - ADMISSIBILITY OF NEW REASONS

( EEC TREATY, ARTICLE 190 )

3 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - STATEMENT OF REASONS - CONTENT

( EEC TREATY, ARTICLE 190 )

4 . COMMON CUSTOMS TARIFF - PROVISIONS DEROGATING THEREFROM - DISCRETIONARY POWER OF THE COMMISSION - SCOPE

( EEC TREATY, ARTICLE 25 )

5 . COMMON CUSTOMS TARIFF - PROVISIONS DEROGATING THEREFROM - DISCRETIONARY POWER OF THE COMMISSION - GENERAL PRINCIPLES

( EEC TREATY, ARTICLES 25, 29 )

6 . COMMON CUSTOMS TARIFF - PROVISIONS DEROGATING THEREFROM - DISCRETIONARY POWER OF THE COMMISSION - FACTORS TO CONSIDER WHEN MAKING A GRANT

( EEC TREATY, ARTICLE 25 )

7 . COMMON CUSTOMS TARIFF - PROVISIONS DEROGATING THEREFROM - GUIDELINES REFERRED TO IN ARTICLE 29 OF THE EEC TREATY - DIVERGENT OBJECTIVES - CRITERIA TO BE APPLIED BY THE COMMISSION

8 . COMMON CUSTOMS TARIFF - PROVISIONS DEROGATING THEREFROM - DISCRETIONARY POWER OF THE COMMISSION - AGRICULTURAL PRODUCTS - COMMON AGRICULTURAL POLICY GUIDELINES TO BE CONSIDERED

( EEC TREATY, ARTICLE 25 ( 3 ), ARTICLE 29, ARTICLE 39 )

9 . COMMON AGRICULTURAL POLICY - REASONABLE PRICES - CONCEPT

( EEC TREATY, ARTICLE 39 )

10 . EEC COMMISSION - GENERAL POWERS - CONSIDERATION OF THE INTERESTS OF THE ECONOMIC GROUPS THROUGHOUT THE COMMUNITY

Summary

1 . AS THE EXECUTIVE IS NOT REQUIRED TO STATE EXPRESSLY IN THE STATEMENT OF REASONS FOR ITS MEASURES THE CRITERIA AND OBJECTIVES NOT RELEVANT TO THE CASE IN POINT, IT MAY BE INFERRED FROM THE SILENCE OF THE ADMINISTRATION THAT IT HAS CONSIDERED THE CRITERIA AND OBJECTIVES NOT MENTIONED IN THE STATEMENT OF REASONS TO BE INAPPLICABLE .

2 . THE EXECUTIVE IS ENTITLED TO BASE A DECISION IDENTICAL WITH AN EARLIER DECISION ON FRESH GROUNDS, IF THE REASONS FOR THE EARLIER DECISION ARE NO LONGER VALID IN THE CASE IN POINT .

3 . THE FACT THAT THE EXECUTIVE HAS BASED ITS DECISION ON REASONS WHICH HAVE NOT BEEN INVOKED BY THE GOVERNMENTS CONSULTED DOES NOT AMOUNT TO A MISUSE OF POWERS BECAUSE THE EXECUTIVE MUST EVALUATE ALL THE MATERIAL FACTS, WHETHER THEY ARE CALLED IN AID BY THE SAID GOVERNMENTS OR NOT .

4 . THE FACT THAT THE POWERS CONFERRED UPON THE COMMISSION BY ARTICLE 25 ( 3 ) ARE OF WIDER APPLICATION THAN THE NARROWLY DEFINED POWERS PROVIDED BY PARAGRAPHS ( 1 ) AND ( 2 ) DOES NOT IMPLY THAT THE COMMISSION MUST GRANT EVERY REQUEST WHICH DOES NOT CREATE THE RISK OF SERIOUS DISTURBANCES .

5 . WHEN THE COMMISSION CONSIDERS WHETHER A POSSIBLE GRANT OF TARIFF QUOTAS WITHIN THE MEANING OF ARTICLE 25 OF THE EEC TREATY IS LAWFUL AND EXPEDIENT, IT MUST BE GUIDED BY THE CRITERIA SET OUT IN ARTICLE 29 OF THE TREATY AND HAVE REGARD TO THE SYSTEM AND FUNDAMENTAL RULES OF THE COMMON MARKET .

6 . IN CONSIDERING WHETHER AN AUTHORIZATION IS APPROPRIATE THE COMMISSION IS LEGITIMATELY ENTITLED TO TAKE ACCOUNT OF ITS EFFECTS NOT ONLY ON THE MARKET FOR THE PRODUCTS MENTIONED IN THE REQUEST BUT ON THE MARKET FOR COMPETING PRODUCTS .

7 . THE CRITERIA SET OUT IN ARTICLE 29 OF THE EEC TREATY RELATE TO DIFFERENT OBJECTIVES, WHICH MAY CONFLICT WITH EACH OTHER OR NOT BE APPLICABLE AT THE SAME TIME, SO THAT THE COMMISSION IS ONLY UNDER A DUTY TO TAKE ACCOUNT OF THESE CRITERIA TO THE EXTENT THAT THEY ARE RELEVANT TO THE CASE IN POINT .

8 . WHEN APPLYING ARTICLE 25 ( 3 ) OF THE EEC TREATY, ACCOUNT MUST IN THE FIRST INSTANCE BE TAKEN OF ARTICLE 39, ALTHOUGH IT IS NOT SO IMPORTANT AS ARTICLE 29, BECAUSE THE OBJECTIVES WHICH IT SETS OUT MUST BE TAKEN INTO CONSIDERATION AND THE DANGER OF IMPEDING THE ATTAINMENT OF THESE OBJECTIVES MUST BE A FACTOR IN ASSESSING, AS THE COMMISSION IS REQUIRED TO DO UNDER THE SAID PARAGRAPH, THE EXPEDIENCY OF GRANTING AN AUTHORIZATION .

9 . THE EXPRESSION 'REASONABLE PRICES' HAS TO BE CONSIDERED IN THE LIGHT OF AN AGRICULTURAL POLICY AS LAID DOWN BY THE TREATY AND CANNOT BE TAKEN TO MEAN THE LOWEST POSSIBLE PRICES .

10 . THE COMMISSION IS ENTITLED TO TAKE INTO ACCOUNT THE INTERESTS OF ECONOMIC GROUPS NO MATTER TO WHICH MEMBER STATE THEY BELONG .