Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REGULATIONS - PROCEDURE FOR FORMULATION - DISTINCTION BETWEEN BASIC REGULATIONS AND IMPLEMENTING REGULATIONS

( EEC TREATY , ART . 43 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR -SYSTEM OF QUOTAS - ALTERATION OF BASIC QUOTAS - MEMBER STATE ' S POWER RECOGNIZED - LAWFULNESS - CONDITIONS

( REGULATION NO 3330/74 OF THE COUNCIL , ART . 24 ( 2 ) AND REGULATION NO 3331/74 OF THE COUNCIL , ART . 2 ( 2 ))

3 . ACTS OF THE INSTITUTIONS - REGULATIONS - OBLIGATION TO STATE REASONS - IMPLEMENTING REGULATION - REFERENCE TO THE BASIC REGULATION

( EEC TREATY , ART . 190 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS IN THE COMMUNITY - CONCEPT

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AMENDING REGULATION - VESTED RIGHT OF TRADERS TO CONTINUED ENJOYMENT OF PREVIOUS ADVANTAGES - ABSENCE - INFRINGEMENT OF A FUNDAMENTAL RIGHT - ABSENCE OF SUCH INFRINGEMENT

6 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SYSTEM OF QUOTAS - ALTERATION OF BASIC QUOTAS - RESTRUCTURING PLANS - CONCEPT - DEFINITION - CRITERIA

( REGULATION NO 3331/74 OF THE COUNCIL , ART . 2 ( 2 ))

7 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SYSTEM OF QUOTAS - ALTERATION OF BASIC QUOTAS - MEMBER STATE ' S POWER RECOGNIZED - LIMITS

( REGULATION NO 3331/74 OF THE COUNCIL , ART . 2 ( 2 ))

8 . ACTS OF THE INSTITUTIONS - REGULATIONS - DIRECT APPLICABILITY - MEMBER STATE ' S IMPLEMENTING POWER RECOGNIZED - COMPATIBILITY

( EEC TREATY , ART . 189 )

Summary

1 . IT CANNOT BE A REQUIREMENT THAT ALL THE DETAILS OF THE REGULATIONS CONCERNING THE COMMON AGRICULTURAL POLICY BE DRAWN UP BY THE COUNCIL ACCORDING TO THE PROCEDURE LAID DOWN IN ARTICLE 43 . IT IS SUFFICIENT FOR THE PURPOSE OF THAT PROVISION THAT THE BASIC ELEMENTS OF THE MATTER TO BE DEALT WITH HAVE BEEN ADOPTED IN ACCORDANCE WITH THAT PROCEDURE ; ON THE OTHER HAND , THE PROVISIONS IMPLEMENTING BASIC REGULATIONS MAY BE ADOPTED BY THE COUNCIL ACCORDING TO A PROCEDURE DIFFERENT FROM THAT UNDER ARTICLE 43 .

2 . ALTHOUGH THE POWER OF THE ITALIAN REPUBLIC PURSUANT TO ARTICLE 2 ( 2 ) OF REGULATION NO 3331/74 OF THE COUNCIL , REGARDING THE ALLOCATION AND ALTERATION OF THE BASIC QUOTAS FOR SUGAR , TO ALTER THE BASIC QUOTAS FIXED IN ACCORDANCE WITH ARTICLE 24 OF REGULATION NO 3330/74 IS NOT SUBJECT TO SPECIFIC QUANTITATIVE LIMITS ITS EXERCISE IS NEVERTHELESS SUBJECT TO THE EXISTENCE OF RESTRUCTURING PLANS AND MAY NOT EXCEED WHAT IS NECESSARY FOR THE IMPLEMENTATION OF SUCH PLANS . IN THOSE CIRCUMSTANCES THE POWER IN QUESTION DOES NOT GO BEYOND THE LIMITS OF THE IMPLEMENTATION OF THE PRINCIPLES OF THE BASIC REGULATION NO 3330/74 .

3 . THE OBLIGATION TO STATE REASONS LAID DOWN IN ARTICLE 190 OF THE TREATY IS NOT BREACHED IF THE STATEMENT OF THE REASONS ON WHICH AN IMPLEMENTING REGULATION IS BASED REFERS TO A FACTUAL SITUATION THE DETAILS OF WHICH ARE NOT CONTAINED IN THE STATEMENT OF REASONS SET OUT IN THAT REGULATION BUT IN THAT CONTAINED IN THE BASIC REGULATION .

4 . DISCRIMINATION WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY CANNOT OCCUR IF INEQUALITY IN THE TREATMENT OF UNDERTAKINGS CORRESPONDS TO AN INEQUALITY IN THE SITUATIONS OF SUCH UNDERTAKINGS .

5 . AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET AND WHICH IT ENJOYED AT A GIVEN TIME . ACCORDINGLY A REDUCTION IN SUCH AN ADVANTAGE CANNOT BE CONSIDERED AS CONSTITUTING AN INFRINGEMENT OF A FUNDAMENTAL RIGHT .

6 . THE CONCEPT OF ' ' RESTRUCTURING PLANS ' ' WITHIN THE MEANING OF ARTICLE 2 ( 2 ) OF REGULATION NO 3331/74 IS TO BE DEFINED BY ITS OBJECTIVES , WHICH ARE TO REDRESS THE IMBALANCE BETWEEN DIFFERENT AGRICULTURAL REGIONS AND TO ADAPT THE SUGAR AND BEET SECTORS IN ITALY TO THE REQUIREMENTS OF THE COMMON ORGANIZATION OF THE MARKET , AND ALSO BY ITS EFFECT , WHICH IS TO ALLOW THE COMPETENT AUTHORITIES TO UNDERTAKE A REDISTRIBUTION OF THE BASIC QUOTAS BETWEEN SEVERAL UNDERTAKINGS .

7 . THE POWER CONFERRED BY ARTICLE 2 ( 2 ) OF REGULATION NO 3331/74 TO ALTER THE BASIC QUOTAS IS LIMITED NOT ONLY BY THE REQUIREMENTS OF RESTRUCTURING PLANS BUT ALSO BY THE OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR , IN PARTICULAR BY THE AIM OF PROTECTING THE INTERESTS OF BEET AND CANE PRODUCERS , AND BY THE GENERAL PRINCIPLES OF COMMUNITY LAW .

8 . THE FACT THAT A REGULATION IS DIRECTLY APPLICABLE DOES NOT PREVENT THE PROVISIONS OF THAT REGULATION FROM EMPOWERING A COMMUNITY INSTITUTION OR A MEMBER STATE TO TAKE IMPLEMENTING MEASURES . IN THE LATTER CASE THE DETAILED RULES FOR THE EXERCISE OF THAT POWER ARE GOVERNED BY THE PUBLIC LAW OF THE MEMBER STATE IN QUESTION ; HOWEVER , THE DIRECT APPLICABILITY OF THE MEASURE EMPOWERING THE MEMBER STATE TO TAKE THE NATIONAL MEASURES IN QUESTION WILL MEAN THAT THE NATIONAL COURTS MAY ASCERTAIN WHETHER SUCH NATIONAL MEASURES ARE IN ACCORDANCE WITH THE CONTENT OF THE COMMUNITY REGULATION .