Keywords

Summary



Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MANAGEMENT COMMITTEE PROCEDURE - PERIOD OF NOTICE FOR SUMMONING MEETINGS - EMERGENCY - REVIEW BY THE COURT - LIMITS

( COUNCIL REGULATIONS NOS 974/71, ART . 6, AND 2727/75, ART . 26 )

2 . COMMUNITY LAW - INTERPRETATION - MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - NEGOTIATIONS BETWEEN A MEMBER STATE AND A COMMUNITY INSTITUTION - IRRELEVANT

3 . AGRICULTURE - MONETARY MEASURES - ALTERATION OF THE REPRESENTATIVE RATES - LOSSES SUFFERED BY TRADERS AT THE MARKETING AND PROCESSING STAGES - REQUIREMENT THAT THEY BE BORNE BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - NONE

( COUNCIL REGULATIONS NOS 729/70 AND 2746/72 )

4 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - TEMPORAL APPLICATION - TRANSITIONAL MEASURES ADOPTED BY THE COMMISSION PURSUANT TO POWERS CONFERRED ON IT BY THE COUNCIL - APPLICATION PRIOR TO THE ENTRY INTO FORCE OF THE MAIN RULES - ADMISSIBILITY - CONDITIONS

( COUNCIL REGULATION NO 855/84, ART . 7; COMMISSION REGULATION NO 2677/84, ARTS 1, 2 AND 3 )

5 . COMMUNITY LAW - PRINCIPLES - PROTECTION OF LEGITIMATE EXPECTATIONS - LIMITS - APPLICATION OF NEW RULES TO FUTURE EFFECTS OF SITUATIONS ARISING WHEN EARLIER RULES APPLIED - ALTERATION OF THE REPRESENTATIVE RATES AS PART OF THE COMMON AGRICULTURAL POLICY

( COMMISSION REGULATION NO 2677/84, ART . 3 ( 1 ) AND ( 2 )*)

Summary

1 . WHETHER A QUESTION WHICH HAS TO BE CONSIDERED BY THE MANAGEMENT COMMITTEE IS A MATTER OF URGENCY OR EXTREME URGENCY SO AS TO JUSTIFY UNDER THE TERMS OF THE INTERNAL REGULATIONS OF THE MANAGEMENT COMMITTEE DISREGARD OF THE MINIMUM PERIOD OF EIGHT DAYS BETWEEN THE SUMMONING AND MEETING OF THE COMMITTEE IS FOR THE CHAIRMAN THEREOF TO DECIDE . IN VIEW OF THE NATURE OF THE ASSESSMENT WHICH NORMALLY HAS TO BE MADE WITHIN A VERY SHORT PERIOD THE COURT CAN REVOKE A DECISION ADOPTED BY THE CHAIRMAN ONLY IN CASES OF OBVIOUS ERROR OR MISUSE OF POWERS .

2 . THE NEGOTIATIONS BETWEEN A MEMBER STATE AND A COMMUNITY INSTITUTION WHICH PRECEDED THE ADOPTION OF A REGULATION ARE IRRELEVANT TO ITS INTERPRETATION .

3 . SINCE THE PROVISIONS OF COMMUNITY LAW ON ENTITLEMENT TO BENEFITS FINANCED BY COMMUNITY FUNDS MUST BE INTERPRETED STRICTLY, IT IS NOT POSSIBLE TO EXTEND, BY WAY OF ANALOGY, THE PROVISIONS OF REGULATIONS NOS 729/70 AND 2746/72 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY AND MONETARY COMPENSATORY AMOUNTS TO COVER LOSSES SUFFERED BY TRADERS AT THE MARKETING AND PROCESSING STAGES FOLLOWING A FALL IN PRICES DUE TO THE REVALUATION OF THE REPRESENTATIVE RATE OF THE CURRENCY OF A MEMBER STATE .

4 . ALTHOUGH AS A GENERAL RULE A CLAUSE AUTHORIZING THE COMMISSION TO ADOPT TRANSITIONAL MEASURES IS TO BE INTERPRETED AS MEANING THAT THE TRANSITIONAL MEASURES MUST RELATE TO THE PERIOD AFTER THE MAIN PROVISIONS OF THE RULES IN ISSUE TAKE EFFECT, THE POSSIBILITY CANNOT BE EXCLUDED THAT THE TRANSITIONAL RULES MAY APPLY TO THE PERIOD BETWEEN THE PUBLICATION OF THE RULES AND THEIR TAKING EFFECT, PROVIDED, HOWEVER, THAT THEY RETAIN THEIR TRANSITIONAL NATURE AND ARE NECESSARY TO ACHIEVE THE OBJECTIVES OF THE POWER IN ISSUE . SINCE ARTICLE 7 OF REGULATION NO 855/84 EXPRESSLY AUTHORIZED THE COMMISSION TO ADOPT THE TRANSITIONAL MEASURES NECESSARY TO AVOID DISTURBANCES IN THE CEREALS, SUGAR AND POTATO STARCH MARKETS FOLLOWING THE REVALUATION OF THE REPRESENTATIVE RATE OF THE GERMAN MARK, THE MEASURES WHICH IT ADOPTED IN ARTICLES 1, 2 AND 3 OF REGULATION NO 2677/84 SATISFIED THOSE CONDITIONS .

5 . THE AMBIT OF THE PRINCIPLE OF LEGITIMATE EXPECTATION CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE WHEN THE EARLIER RULES APPLIED, ESPECIALLY IN A FIELD SUCH AS THE COMMON ORGANIZATION OF THE MARKETS, THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO VARIATIONS IN THE ECONOMIC SITUATIONS IN THE VARIOUS AGRICULTURAL SECTORS . THE SAME IS TRUE OF ALTERATIONS OF THE REPRESENTATIVE RATES .