Keywords

Summary



Keywords

1 . APPLICATION FOR ANNULMENT - MEMBER STATES - RIGHT OF ACTION - POSITION TAKEN UP BY THE APPLICANT MEMBER STATE AT THE TIME WHEN THE CONTESTED ACT WAS ADOPTED - NO EFFECT

( EEC TREATY , ART . 173 , FIRST PARAGRAPH )

2 . ACTS OF THE INSTITUTIONS - REGULATIONS - OBLIGATION TO STATE REASONS - LIMITS

( EEC TREATY , ART . 190 )

3 . COUNCIL - DISCRETION - ASSESSMENT OF A COMPLEX ECONOMIC SITUATION - FINDINGS OF A GENERAL NATURE AS TO THE BASIC FACTS - LAWFULNESS

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PREMIUM PAYABLE TO PRODUCERS OF POTATO STARCH - COMPLIANCE WITH THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY

( EEC TREATY , ART . 39 ; COUNCIL REGULATIONS NOS 1125/78 AND 1127/78 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS IN THE COMMUNITY - CONCEPT - GRANTING OF A PRODUCTION PREMIUM TO ONLY ONE BRANCH OF INDUSTRY - EXCLUSION - CONDITIONS

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

Summary

1 . THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY CONFERS ON EVERY MEMBER STATE THE RIGHT TO CHALLENGE , BY AN APPLICATION FOR ANNULMENT , THE LEGALITY OF EVERY COUNCIL REGULATION , WITHOUT THE EXERCISE OF THIS RIGHT BEING CONDITIONAL UPON THE POSITIONS TAKEN UP BY THE REPRESENTATIVES OF THE MEMBER STATES OF WHICH THE COUNCIL IS COMPOSED WHEN THE REGULATION IN QUESTION WAS ADOPTED .

2 . AS FAR AS CONCERNS GENERAL ACTS , ESPECIALLY REGULATIONS , THE REQUIREMENTS OF ARTICLE 190 OF THE TREATY ARE SATISFIED IF THE STATEMENT OF REASONS GIVEN EXPLAINS IN ESSENCE THE MEASURES TAKEN BY THE INSTITUTIONS . A SPECIFIC STATEMENT OF REASONS IN SUPPORT OF ALL THE DETAILS WHICH MIGHT BE CONTAINED IN SUCH A MEASURE CANNOT BE REQUIRED , PROVIDED SUCH DETAILS FALL WITHIN THE GENERAL SCHEME OF THE MEASURES AS A WHOLE .

3 . WHEN CERTAIN CONSTITUENT ELEMENTS OF A COMPLEX SITUATION ARE DIFFICULT TO APPREHEND WITH ANY ACCURACY THE DISCRETION WHICH THE COUNCIL HAS WHEN IT ASSESSES THAT COMPLEX ECONOMIC SITUATION IS NOT ONLY EXERCISABLE IN RELATION TO THE NATURE AND SCOPE OF THE PROVISIONS WHICH ARE TO BE ADOPTED BUT ALSO , TO A CERTAIN EXTENT , TO THE FINDINGS AS TO THE BASIC FACTS , ESPECIALLY IN THIS SENSE THAT THE COUNCIL IS FREE TO BASE ITS ASSESSMENT , IF NECESSARY , ON FINDINGS OF A GENERAL NATURE .

4 . THE PURPOSE OF THE PREMIUM PAYABLE TO PRODUCERS OF POTATO STARCH , PROVIDED FOR IN COUNCIL REGULATION NO 1125/78 AMENDING REGULATION NO 2727/75 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS AND IN COUNCIL REGULATION NO 1127/78 AMENDING REGULATION NO 2742/75 ON PRODUCTION REFUNDS IN THE CEREALS AND RICE SECTORS IS TO MAINTAIN THE PROFITABILITY OF THE POTATO STARCH INDUSTRY AND THUS INDIRECTLY TO ENSURE AN OUTLET FOR AN AGRICULTURAL PRODUCT , THE IMPORTANCE OF WHICH FOR THE AGRICULTURAL ECONOMY IN CERTAIN REGIONS OF THE COMMUNITY IS EVIDENT . THERE IS THEREFORE NO DOUBT WHATEVER THAT THESE REGULATIONS ARE WITHIN THE AMBIT OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY AS SUCH OBJECTIVES ARE DEFINED IN ARTICLE 39 OF THE TREATY .

5 . THE GRANTING OF A PRODUCTION PREMIUM TO ONE BRANCH OF INDUSTRY TO THE EXCLUSION OF A COMPETING BRANCH DOES NOT AMOUNT TO DISCRIMINATION WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IF THE PREMIUM HAS BEEN INTRODUCED FOR THE PURPOSE OF OBVIATING THE SPECIAL DIFFICULTIES FOUND TO EXIST IN THE SECTOR IN QUESTION FOLLOWING THE TREND , UNFAVOURABLE TO THAT SECTOR , OF ECONOMIC FACTORS , SUCH AS THE VALUE OF THE BY-PRODUCTS OF BOTH OF THE PRINCIPAL PRODUCTS .