Keywords

Summary



Keywords

1 Agriculture - Common organisation of the markets - Bananas - Import arrangements - Tariff quota - Transitional measures to assist the transition to the Community arrangements - Conditions - Difficulties due to the establishment of the common organisation of the market - Limits - Undertakings established in the former German Democratic Republic after German reunification

(Council Regulation No 404/93, Art. 30)

2 Agriculture - Common organisation of the markets - Bananas - Import arrangements - Tariff quota - Opening and subdivision of the quota - Whether discriminatory - No discrimination

(Council Regulation No 404/93)

3 Actions for annulment - Pleas in law - Misuse of powers - Meaning

4 Acts of the institutions - Statement of reasons - Obligation - Scope - Individual decisions

(EC Treaty, Art. 190 (now Art. 253 EC))

Summary

1 Article 30 of Regulation No 404/93 on the common organisation of the market in bananas - the aim of which is to assist the transition from the national arrangements existing before the common organisation of the market - empowers the Commission to take specific transitional measures to deal with disturbances in the internal market brought about by that transition, the purpose of those measures being to address difficulties encountered by traders following the establishment of the common organisation of the market but originating in the state of national markets prior to the entry into force of the above Regulation. The Commission must in this regard take into account the situation of traders who, under national legislation in force prior to Regulation No 404/93, took certain action without being able to foresee the consequences of such action following establishment of the common organisation of the market.

However, Article 30 of Regulation No 404/93 - which must be interpreted restrictively since it derogates from the general provisions applicable - cannot serve to offset the competitive disadvantage suffered by undertakings established in the territory of the former German Democratic Republic after the reunification of Germany. After all, that disadvantage, which relates to the differences in opportunities available in Germany, is not due to the establishment of the common organisation of the markets.

2 While it is true that not all undertakings are affected in the same way by Regulation No 404/93, the difference in treatment appears to be inherent in the objective of integrating previously compartmentalised markets, bearing in mind the different situations of the various categories of economic operators before the introduction of the common organisation of the market in bananas.

3 A decision is tainted by misuse of powers only if it appears, on the basis of objective, relevant and consistent factors, to have been taken to achieve an end other than that stated.

4 The obligation to state the reasons on which an individual decision is based is intended to enable the Community judicature to exercise its power of review as to the legality of the decision and the person concerned to ascertain the matters justifying the measure adopted, so that he can defend his rights and verify whether or not the decision is well founded.