Keywords

Summary



Keywords

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1 . PROCEDURE - PROCEEDINGS IN MATTERS ARISING FROM NON-CONTRACTUAL LIABILITY FOR REPARATION FOR THE SAME DAMAGE BROUGHT BOTH AGAINST THE EEC AND A MEMBER STATE - NECESSITY FOR A DECISION OF THE NATIONAL COURT BEFORE A DECISION BY THE COURT OF JUSTICE

2 . NON-CONTRACTUAL LIABILITY - DAMAGE RESULTING FROM AN ACT ILLEGAL UNDER COMMUNITY LAW AND THE LAW OF A MEMBER STATE - EXISTENCE OF A RIGHT TO REPARATION AGAINST THE EEC DEPENDENT UPON PROOF OF THE PRIOR EXHAUSTION OF ALL METHODS OF RECOURSE

( EEC TREATY, ARTICLE 215 )

3 . NON-CONTRACTUAL LIABILITY - INJURY SUFFERED OWING TO THE RELIANCE OF A PERSON SUBJECT TO THE JURISDICTION OF THE EEC ON THE APPARENT LEGALITY OF AN ADMINISTRATIVE ACT HELD TO BE ILLEGAL - COMPENSATION

( EEC TREATY, ARTICLE 215 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PROTECTIVE MEASURES TAKEN BY MEMBER STATES - EXAMINATION BY THE COMMISSION

( REGULATION NO 19, ARTICLE 22 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - REGULATION NO 19 - SPHERE OF APPLICATION - GENERAL INTERESTS CONCERNED - POSSIBILITY OF PROTECTION OF INDIVIDUAL INTERESTS

Summary

1 . CF . PARAGRAPH 2, SUMMARY, JOINED CASES 5, 7 AND 13 TO 24/66, ( 1967 ) ECR 245 .

IF, FOR THE PURPOSES OF OBTAINING COMPENSATION FOR THE SAME DAMAGE, TWO ACTIONS ARE BROUGHT, ONE AGAINST A MEMBER STATE BEFORE A NATIONAL COURT AND ONE AGAINST THE EEC BEFORE THE COURT OF JUSTICE, IT IS NECESSARY TO AVOID THE APPLICANT'S BEING INSUFFICIENTLY OR EXCESSIVELY COMPENSATED BECAUSE OF THE DIFFERENT ASSESSMENT OF TWO DIFFERENT COURTS APPLYING DIFFERENT RULES OF LAW . FOR THAT REASON THE FINAL JUDGMENT OF THE COURT CANNOT BE GIVEN BEFORE THE DECISION OF THE NATIONAL COURT ON THE MATTER .

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2 . CF . PARAGRAPH 3, SUMMARY, JOINED CASES 5, 7 AND 13 TO 24/66, ( 1967 ) ECR 245 .

WHEN THERE IS DAMAGE RESULTING FROM AN ACT ILLEGAL ACCORDING TO COMMUNITY LAW AND THE LAW OF A MEMBER STATE, IT IS APPROPRIATE TO ASK THE APPLICANT TO PROVE THAT HE HAS EXHAUSTED ALL METHODS OF RECOURSE, BOTH ADMINISTRATIVE AND JUDICIAL, UNDER THE NATIONAL LAW APPLICABLE FOR OBTAINING REPAYMENT OF SUMS IMPROPERLY PAID . ONLY AFTER PRODUCTION OF SUCH PROOF IS IT APPROPRIATE TO CONSIDER WHETHER ANY DAMAGE EXISTS WHICH THE COMMUNITY SHOULD MAKE GOOD .

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3 . CF . PARAGRAPH 4, SUMMARY, JOINED CASES 5, 7 AND 13 TO 24/66, ( 1967 ) ECR 245 .

DAMAGE SUFFERED BY A PERSON SUBJECT TO THE JURISDICTION OF THE EEC BY REASON OF THE FACT THAT HE HAS RELIED ON THE LEGALITY OF AN UNLAWFUL ADMINISTRATIVE ACT MUST BE MADE GOOD .

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4 . CF . PARAGRAPH 6, SUMMARY, JOINED CASES 5, 7 AND 13 TO 24/66, ( 1967 ) ECR 245 .

IN EXERCISING THE POWERS CONFERRED UPON IT BY ARTICLE 22 OF REGULATION N . 19, THE COMMISSION IS REQUIRED IN RESPECT OF EACH PROTECTIVE MEASURE NOTIFIED TO IT TO CONDUCT AS EXHAUSTIVE AN EXAMINATION AS THAT REQUIRED TO BE MADE BY THE MEMBER STATES AND BEARS INDEPENDENT RESPONSIBILITY FOR THE RETENTION OF PROTECTIVE MEASURES .

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5 . CF . PARAGRAPH 7, SUMMARY, JOINED CASES 5, 7 AND 13 TO 24/66, ( 1967 ) ECR 245 .

EVEN THOUGH IN ESSENCE THEY REFER TO INTERESTS OF A GENERAL NATURE, THE PROVISIONS OF REGULATION N . 19 MAY ALSO ENSURE THE PROTECTION OF INDIVIDUAL INTERESTS SUCH AS THOSE OF THE PRODUCERS OF MEMBER STATES AND OF PERSONS SUBJECT TO THE JURISDICTION OF THE EEC PARTICIPATING IN INTRA-COMMUNITY TRADE .

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