Keywords

Summary



Keywords

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1 . PROCEDURE - PROCEEDINGS IN MATTERS ARISING FROM NON-CONTRACTUAL LIABILITY - PERIOD FOR BRINGING PROCEEDINGS - LIMITATION

( STATUTE OF THE COURT OF JUSTICE OF THE EEC, ARTICLE 43 )

2 . 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

3 . 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 UNDER NATIONAL LAW

( EEC TREATY, ARTICLE 215 )

4 . 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 )

5 . NON-CONTRACTUAL LIABILITY - INJURY RESULTING FROM LOSS OF PROFIT - NECESSITY FOR THE PERFORMANCE OF THE TRANSACTION ENVISAGED TO HAVE BEEN AT LEAST COMMENCED

( EEC TREATY, ARTICLE 215 )

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

( REGULATION NO 19, ARTICLE 22 )

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

Summary

1 . IT FOLLOWS FROM THE ACTUAL WORDING OF THE SECOND AND THIRD SENTENCES OF ARTICLE 43 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC THAT THESE PROVISIONS ARE NOT INTENDED TO SHORTEN THE PERIOD OF LIMITATION OF FIVE YEARS BUT THAT THEY ARE INTENDED TO PROTECT THOSE CONCERNED BY PREVENTING CERTAIN PERIODS FROM BEING TAKEN INTO ACCOUNT IN THE CALCULATION OF THE SAID PERIOD . CONSEQUENTLY THE AIM OF THE THIRD SENTENCE OF ARTICLE 43 IS MERELY TO POSTPONE THE EXPIRATION OF THE PERIOD OF FIVE YEARS WHEN PROCEEDINGS INSTITUTED OR A PRIOR APPLICATION MADE WITHIN THIS PERIOD START TIME TO RUN IN RESPECT OF THE PERIODS PROVIDED FOR IN ARTICLES 173 OR 175 .

2 . 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 .

3 . 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 .

4 . 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 .

5 . COMPENSATION FOR LOSS OF PROFIT FOLLOWING A WRONGFUL ACT OR OMISSION PRESUPPOSES THAT THE PERFORMANCE OF THE COMMERCIAL TRANSACTION IN QUESTION HAS AT LEAST BEEN COMMENCED .

6 . IN EXERCISING THE POWERS CONFERRED UPON IT BY ARTICLE 22 OF REGULATION NO 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 .

7 . EVEN THOUGH IN ESSENCE THEY REFER TO INTERESTS OF A GENERAL NATURE, THE PROVISIONS OF REGULATION NO 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 .