Keywords

Summary



Keywords

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1 . PROCEDURE - ACTION FOR DAMAGES - AUTONOMOUS NATURE - RESULT SIMILAR TO THAT OF AN ACTION FOR FAILURE TO ACT - ADMISSIBILITY - DISTINGUISHED FROM AN ACTION FOR FAILURE TO ACT

( EEC TREATY, ARTICLE 178, ARTICLE 215 )

2 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE ACT INVOLVING A CHOICE OF POLICY - PREJUDICE - VIOLATION OF A SUPERIOR RULE OF LAW

( EEC TREATY, ARTICLE 215 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - OBJECTIVES - COMMON RULES - DISCRIMINATION - PROHIBITION - PROVISIONAL MEASURES - ADMISSIBILITY

( EEC TREATY, ARTICLE 40 )

Summary

1 . THE ACTION FOR DAMAGES PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY WAS INCLUDED AS AN AUTONOMOUS FORM OF ACTION, WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS, AND SUBJECT TO CONDITIONS ON ITS USE BY ITS SPECIFIC NATURE .

IT WOULD BE CONTRARY TO THE AUTONOMY OF THIS ACTION AS WELL AS TO THE EFFICACITY OF THE GENERAL SYSTEM OF FORMS OF ACTION ESTABLISHED BY THE TREATY TO REGARD THE ACTION FOR DAMAGES AS INADMISSIBLE BECAUSE IT CAN IN CERTAIN CIRCUMSTANCES LEAD TO A RESULT SIMILAR TO THAT OF AN ACTION FOR FAILURE TO ACT IN THAT ITS END IS NOT THE ADOPTION OF A PARTICULAR MEASURE BUT COMPENSATION FOR DAMAGE CAUSED BY AN INSTITUTION IN THE PERFORMANCE OF ITS DUTIES .

2 . WHEN IT RELATES TO A LEGISLATIVE ACT WHICH INVOLVES THE CHOICE OF ECONOMIC POLICY, THE COMMUNITY IS NOT LIABLE FOR ANY DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THIS ACT UNDER THE PROVISIONS OF ARTICLE 215, SECOND PARAGRAPH, OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF THE SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .

3 . THE OBJECTIVES REFERRED TO IN ARTICLE 40 OF THE TREATY, THAT IS THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY AND A COMMON ORGANIZATION OF AGRICULTURAL MARKETS, PRESUPPOSE THE ADOPTION OF COMMON RULES AND CRITERIA AND THE CONSEQUENT EXCLUSION OF ANY DISCRIMINATION .

IN THIS LIGHT THE VARIOUS FACTORS IN THE COMMON ORGANIZATION OF THE MARKETS, PROTECTIVE MEASURES, AIDS, SUBSIDIES ETC . MAY BE DISTINGUISHED ACCORDING TO THE AREAS AND OTHER CONDITIONS OF PRODUCTION OR CONSUMPTION ONLY IN TERMS OF CRITERIA OF AN OBJECTIVE NATURE WHICH ENSURE A PROPORTIONATE DISTRIBUTION OF ADVANTAGES AND DISADVANTAGES FOR THOSE CONCERNED WITHOUT DISTINGUISHING BETWEEN THE TERRITORY OF THE MEMBER STATES .

HOWEVER IF AT ITS INITIATION THE COMMON ORGANIZATION OF THE MARKET CONTAINS GAPS CAPABLE OF ENDANGERING THE STABILITY OF THE MARKET IN ANY PART OF THE COMMUNITY, THE RESPONSIBLE INSTITUTIONS, WHILE BOUND TO SEEK THE CAUSES OF SUCH DIFFICULTIES AND TO ADAPT THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS AS SOON AS POSSIBLE TO REMEDY THE DEFECTS REVEALED, ARE COMPETENT TO TAKE PROVISIONAL MEASURES LIMITED TO THE MARKETS OF MEMBER STATES MOST AFFECTED .

THE PROVISIONAL NATURE INHERENT IN THE MEASURE TAKEN RISKS DISAPPEARING AS SOON AS IT HAS SUCCEEDED IN EXCLUDING FOR ANY LENGTH OF TIME UNDERTAKINGS OF A MEMBER STATE FROM THE COMMON ORGANIZATION OF THE MARKET, BUT, HAVING REGARD TO THE NATURE OF THE PROBLEMS INVOLVED, BY PUTTING AN END TO THE MEASURES AFTER THE 1973/74 MARKETING YEAR, THE COUNCIL HAS RESPECTED THEIR PROVISIONAL NATURE .