Keywords

Summary



Keywords

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1 . PRELIMINARY RULINGS - COMPATIBILITY OF A NATIONAL LAW WITH COMMUNITY LAW - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT AND EXPORT LICENCES - APPLICABILITY OF THAT SYSTEM FROM THE ENTRY INTO FORCE OF REGULATION NO 19

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 16 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT AND EXPORT LICENCES - APPLICATION - DUTIES DEVOLVING ON MEMBER STATES IN THE INTERESTS OF THE COMMUNITY - COOPERATION OF THE MEMBER STATES

( EEC TREATY, ARTICLE 5; REGULATION NO 19 OF THE COUNCIL, ARTICLE 16 ( 3 ))

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMUNITY REGULATIONS - PROCEDURE FOR ADOPTION - DISTINCTION BETWEEN THE BASIC RULES AND THE IMPLEMENTING PROVISIONS

( EEC TREATY, ARTICLE 43 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - MANAGEMENT COMMITTEE - LEGALITY

( REGULATION NO 19 OF THE COUNCIL, ARTICLES 25 AND 26 )

Summary

1 . IN THE CONTEXT OF PROCEEDINGS UNDER ARTICLE 177, IT IS NOT FOR THE COURT TO RULE ON THE COMPATIBILITY OF THE PROVISIONS OF A NATIONAL LAW WITH COMMUNITY LAW . ON THE OTHER HAND, THE COURT HAS JURISDICTION TO PROVIDE THE NATIONAL COURT WITH ALL THE CRITERIA OF INTERPRETATION RELATING TO COMMUNITY LAW WHICH MAY ENABLE IT TO JUDGE THE COMPATIBILITY WITH COMMUNITY LAW OF THE PROVISIONS OF THE NATIONAL LAW .

2 . THE PROVISIONS OF ARTICLE 16 ( 2 ) OF REGULATION NO 19, RELATING TO THE EFFECT OF IMPORT LICENCES FOR CEREALS AND TO THE LODGING OF DEPOSITS, WERE APPLICABLE FROM THE ENTRY INTO FORCE OF THAT REGULATION .

3 . ARTICLE 16 OF REGULATION NO 16 MUST BE INTERPRETED IN THE SENSE THAT, BEFORE THE ENTRY INTO FORCE OF THE IMPLEMENTING PROVISIONS PROVIDED FOR IN PARAGRAPH ( 3 ) OF THAT ARTICLE, THE MEMBER STATES WERE EMPOWERED TO TAKE, ON A TRANSITIONAL BASIS AND WITHOUT PREJUDICE TO THE FUTURE ACTION OF THE COMMON INSTITUTIONS, ANY IMPLEMENTING MEASURES COMPATIBLE WITH THE PRINCIPLES OF THE REGULATION, AND THAT THEY WERE ENTITLED TO PREPARE LEGISLATIVE OR OTHER MEASURES FOR THE PURPOSE OF ENABLING THEM TO ASSUME FULLY, ON THE ENTRY INTO FORCE OF REGULATION NO 87, THE FUNCTIONS DEVOLVING ON THEM IN THE INTEREST OF THE COMMUNITY UNDER THE SECOND PARAGRAPH OF ARTICLE 7 OF THAT REGULATION .

4 . THE THIRD SUBPARAGRAPH OF ARTICLE 43 ( 2 ) IS COMPLIED WITH WHEN THE BASIC ELEMENTS OF THE REGULATIONS CONCERNING THE COMMON AGRICULTURAL POLICY ARE ADOPTED BY THE COUNCIL IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY ARTICLE 43 . ON THE OTHER HAND, THE PROVISIONS IMPLEMENTING THE BASIC REGULATIONS MAY BE ADOPTED ACCORDING TO A PROCEDURE DIFFERENT FROM THAT IN ARTICLE 43, EITHER BY THE COUNCIL ITSELF OR BY THE COMMISSION BY VIRTUE OF AN AUTHORIZATION COMPLYING WITH ARTICLE 155 .

5 . WITHOUT DISTORTING THE COMMUNITY STRUCTURE AND THE INSTITUTIONAL BALANCE, THE MANAGEMENT COMMITTEE MACHINERY ENABLES THE COUNCIL TO DELEGATE TO THE COMMISSION AN IMPLEMENTING POWER OF APPRECIABLE SCOPE, SUBJECT TO ITS POWER TO TAKE THE DECISION ITSELF IF NECESSARY . THE LEGALITY OF THE MANAGEMENT COMMITTEE PROCEDURE, AS ESTABLISHED BY ARTICLES 25 AND 26 OF REGULATION NO 19, CANNOT THEREFORE BE DISPUTED IN THE CONTEXT OF THE INSTITUTIONAL STRUCTURE OF THE COMMUNITY .