Keywords

Summary



Keywords

1 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - ACT OF ACCESSION CONCERNING GREECE - APPLICATION OF COMMUNITY LAW AB INITIO AND IN TOTO - DEROGATIONS - WHETHER PERMISSIBLE - CONDITIONS

( ACT OF ACCESSION , ARTS . 2 AND 9 ( 1 ))

2 . ECSC - PRODUCTION - PRODUCTION QUOTA SYSTEM FOR CERTAIN PRODUCTS - DETERMINATION ON EQUITABLE BASIS - ADJUSTMENT OF GREEK UNDERTAKINGS ' REFERENCE PRODUCTION - POSSIBLE IN CASE OF EXCEPTIONAL DIFFICULTIES - CHALLENGING THE APPLICATION OF THE QUOTA SYSTEM TO THOSE UNDERTAKINGS IN THE PREVIOUS PERIOD - NOT PERMISSIBLE

( COMMISSION DECISION 1831/81/ECSC , ART 14A )

3 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - ACT OF ACCESSION CONCERNING GREECE - APPLICATION OF COMMUNITY LAW IN TOTO TO GREEK UNDERTAKINGS - EQUAL TREATMENT OF COMMUNITY UNDERTAKINGS - DEROGATIONS IN FAVOUR OF GREEK UNDERTAKINGS - EXCLUDED

4 . ECSC - PRODUCTION - PRODUCTION QUOTA SYSTEM FOR CERTAIN PRODUCTS - PURPOSE - RESTRICTIONS ON PRODUCTION - INFRINGEMENT OF THE RIGHT TO PROPERTY OF THE UNDERTAKINGS TO WHICH THEY APPLY - NONE

( COMMISSION DECISION 1831/81/ECSC )

5 . ECSC - PRODUCTION - PRODUCTION QUOTA SYSTEM FOR CERTAIN PRODUCTS - PURPOSE - TAKING INTO ACCOUNT OF GREEK UNDERTAKINGS ' REFERENCE PRODUCTION PRIOR TO ACCESSION - INEQUALITY OF TREATMENT TO THE DETRIMENT OF THOSE UNDERTAKINGS - NONE

( COMMISSION DECISIONS 2794/80/ECSC AND 1831/81/ECSC )

Summary

1 . IT APPEARS FROM ARTICLES 2 AND 9 ( 1 ) OF THE ACT OF ACCESSION CONCERNING GREECE THAT THE ACT IS BASED ON THE PRINCIPLE THAT THE PROVISIONS OF COMMUNITY LAW APPLY AB INITIO AND IN TOTO TO THE NEW MEMBER STATE , DEROGATIONS BEING ALLOWED ONLY IN SO FAR AS THEY ARE EXPRESSLY LAID DOWN BY TRANSITIONAL PROVISIONS .

2 . THE FACT THAT THE NEW ARTICLE 14A MADE IT POSSIBLE UNDER THE PRODUCTION QUOTA SYSTEM IMPOSED BY DECISION 1831/81/ECSC ON STEEL UNDERTAKINGS IN RESPECT OF CERTAIN PRODUCTS TO MAKE AN APPROPRIATE ADJUSTMENT TO THE REFERENCE PRODUCTION FIGURES OF GREEK STEEL UNDERTAKINGS FACED WITH EXCEPTIONAL DIFFICULTIES MAY NOT BE USED AS AN ARGUMENT FOR CONTESTING THE PRINCIPLE OF THE APPLICATION OF THE QUOTA SYSTEM TO GREEK UNDERTAKINGS DURING THE PREVIOUS PERIOD .

3 . THE EFFECT OF THE ACCESSION OF GREECE TO THE COMMUNITY WAS TO EXTEND THE WHOLE OF COMMUNITY LAW TO THE UNDERTAKINGS OF THAT STATE AND THOSE UNDERTAKINGS MAY NOT CLAIM EXEMPTION FROM THE RULES AND CONSTRAINTS WHICH , DEPENDING ON THE CIRCUMSTANCES , MAY APPLY TO THEM AS A RESULT OF THE APPLICATION OF THAT LAW ON AN EQUAL BASIS WITH THE OTHER UNDERTAKINGS IN THE COMMUNITY .

4 . SINCE THE PURPOSE OF DECISION 1831/81 IS TO SPREAD THE EFFECTS OF THE CRISIS IN THE MOST EQUITABLE MANNER POSSIBLE AMONG ALL UNDERTAKINGS IN THE COMMUNITY , THE FACT THAT THE RESTRICTIONS ON PRODUCTION NECESSITATED BY THE ECONOMIC SITUATION MIGHT AFFECT THE PROFITABILITY AND VERY EXISTENCE OF CERTAIN UNDERTAKINGS CANNOT BE CONSIDERED TO BE AN INFRINGEMENT OF THE RIGHT TO PROPERTY . AN UNDERTAKING MAY NOT CLAIM RESPECT FOR ITS RIGHT TO PROPERTY IN ORDER TO EVADE THE CONSTRAINTS IMPOSED UPON THE ENTIRE EUROPEAN STEEL INDUSTRY .

5 . THE PURPOSE OF THE SYSTEM OF PRODUCTION QUOTAS ESTABLISHED BY DECISION 2794/80 AND RENEWED BY DECISION 1831/81 IS NOT TO GUARANTEE TO UNDERTAKINGS A MINIMUM LEVEL OF EMPLOYMENT OR SCOPE FOR DEVELOPMENT BUT TO SPREAD IN AN EQUITABLE MANNER THE EFFECTS OF THE STEEL CRISIS AMONG UNDERTAKINGS ACCORDING TO THEIR ACTUAL PRODUCTION . THE FACT THAT THE REFERENCE PERIOD TAKEN INTO CONSIDERATION PRECEDED THE ACCESSION OF GREECE IS NOT OF SUCH A NATURE AS TO GIVE RISE TO INEQUALITY OF TREATMENT TO THE DETRIMENT OF THE UNDERTAKINGS OF THAT STATE SINCE AT THE TIME UNDER CONSIDERATION THEY WERE TOTALLY FREE TO EXPAND THEIR INVESTMENT AND PRODUCTION PROGRAMMES . NOR IS IT PART OF THE PURPOSE OF THE CONTESTED GENERAL DECISION TO ALTER THE CONDITIONS OF COMPETITION CREATED BY THE STRUCTURE , LEVEL OF DEVELOPMENT AND UTILIZATION RATE OF GREEK UNDERTAKINGS COMPARED TO THE OTHER UNDERTAKINGS IN THE COMMUNITY .