Keywords

Summary



Keywords

1 . ACTION FOR DAMAGES - INDEPENDENT NATURE - USE OF NATIONAL REMEDIES - CONDITIONS

( EEC TREATY , ARTS 178 AND 215 , SECOND PARA .)

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - ALTERATIONS FOLLOWING A CHANGE IN EXCHANGE RATES - IMPLEMENTATION PERIOD - COMMISSION ' S DISCRETION

( REGULATION NO 974/71 OF THE COUNCIL , ART . 3 )

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PURPOSE - CONDITIONS FOR APPLICATION

( REGULATION NO 974/71 OF THE COUNCIL )

4 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - ALTERATIONS FOLLOWING A CHANGE IN EXCHANGE RATES - TRADERS ' LEGITIMATE EXPECTATION

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - PROHIBITION - SCOPE

( EEC TREATY , ART . 40 ( 3 ), SECOND SUBPARA .)

Summary

1 . THE ACTION FOR DAMAGES , PURSUANT TO ARTICLE 178 AND 215 OF THE TREATY , WAS SET UP AS AN INDEPENDENT ACTION , HAVING ITS OWN PARTICULAR PLACE IN THE SYSTEM OF MEANS OF REDRESS AND SUBJECT TO CONDITIONS FOR ITS USE FORMULATED IN THE LIGHT OF ITS SPECIFIC PURPOSE . IT MUST NEVERTHELESS BE VIEWED IN THE CONTEXT OF THE ENTIRE SYSTEM ESTABLISHED BY THE TREATY FOR THE JUDICIAL PROTECTION OF THE INDIVIDUAL . WHERE AN INDIVIDUAL CONSIDERS THAT HE HAS BEEN INJURED BY THE APPLICATION OF A COMMUNITY LEGISLATIVE MEASURE THAT HE CONSIDERS ILLEGAL , HE MAY , WHEN THE IMPLEMENTATION OF THE MEASURE IS LEFT TO THE NATIONAL AUTHORITIES , CONTEST THE VALIDITY OF THE MEASURE , WHEN IT IS IMPLEMENTED , BEFORE A NATIONAL COURT IN AN ACTION AGAINST THE NATIONAL AUTHORITIES . THAT COURT MAY , OR EVEN MUST , AS PROVIDED FOR IN ARTICLE 177 , REFER THE QUESTION OF THE VALIDITY OF THE COMMUNITY MEASURE IN DISPUTE TO THE COURT OF JUSTICE . HOWEVER , THE EXISTENCE OF SUCH A MEANS OF REDRESS WILL BE CAPABLE OF ENSURING THE EFFECTIVE PROTECTION OF THE INDIVIDUALS CONCERNED ONLY IF IT MAY RESULT IN MAKING GOOD THE ALLEGED DAMAGE .

CONSEQUENTLY , AN ACTION FOR DAMAGES BROUGHT AGAINST THE COMMUNITY INSTITUTIONS MAY NOT BE DECLARED INADMISSIBLE ON THE GROUND THAT THE APPLICANT HAS NOT MADE USE OF THE LEGAL REMEDIES AVAILABLE IN NATIONAL LAW WHEN IT IS NOT DISPUTED THAT THESE REMEDIES WERE NOT CAPABLE OF GUARANTEEING HIM EFFECTIVE PROTECTION .

2 . ALTHOUGH ARTICLE 3 OF REGULATION NO 974/71 REQUIRES THE COMMISSION TO MODIFY THE MONETARY COMPENSATORY AMOUNTS WHEN THE MONETARY DIFFERENCE SERVING AS A BASIS FOR THEIR CALCULATION CHANGES BY AT LEAST ONE POINT FROM THE PERCENTAGE TAKEN AS A BASIS FOR THE PRECEDING DETERMINATION , THAT PROVISION DOES , HOWEVER , LEAVE IT A CERTAIN DISCRETION IN CHOOSING THE TIME AT WHICH TO IMPLEMENT THE ALTERATIONS . THE ALTERATION OF THE MONETARY COMPENSATORY AMOUNTS NEED NOT BE IMMEDIATE , SINCE THE COMMISSION HAS A REASONABLE PERIOD ALLOWING IT TO TAKE ITS DECISIONS ON THE BASIS OF THE MOST RELIABLE INFORMATION .

3 . THE ESTABLISHMENT OF COMPENSATORY AMOUNTS WAS INTENDED TO MAINTAIN THE SINGLE-PRICE SYSTEM , THE BASIS OF THE PRESENT ORGANIZATION OF THE MARKETS , THUS AVOIDING A DISORGANIZATION OF THE SYSTEM OF INTERVENTION PRICES AND MAINTAINING NORMAL PATTERNS OF TRADE IN AGRICULTURAL PRODUCTS BOTH BETWEEN THE MEMBER STATES AND WITH NON-MEMBER COUNTRIES . THE COMPENSATORY AMOUNTS CAN BE APPLIED THEREFORE ONLY IN SO FAR AS THE MONETARY MEASURES REFERRED TO INVOLVE DISTURBANCES IN TRADE IN AGRICULTURAL PRODUCTS .

4 . A TRADER CANNOT LEGITIMATELY EXPECT THAT THE MONETARY COMPENSATORY AMOUNTS WILL BE MODIFIED WHILE NEGOTIATIONS WITHIN THE COUNCIL , OF WHICH TRADERS ARE NECESSARILY AWARE AND THE VERY PURPOSE OF WHICH IS TO AVOID AN INCREASE IN THOSE AMOUNTS BY MEANS OF AN ADJUSTMENT OF THE REPRESENTATIVE RATES , ARE STILL IN PROGRESS .

5 . THE PROHIBITION OF DISCRIMINATION CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE MEANS THAT LIKE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENT TREATMENT IS OBJECTIVELY JUSTIFIED .