Judgment of the Court of 24 April 1980. - Commission of the European Communities v Italian Republic. - Storgae costs for sugar. - Case 72/79.
European Court reports 1980 Page 01411
Greek special edition Page 00051
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AIDS GRANTED BY STATES - PROHIBITION - APPRAISAL OF THE COMPATIBILITY OF AN AID WITH THE RULES OF THE COMMON ORGANIZATION - PROCEDURE TO BE FOLLOWED
( EEC TREATY , ARTS 93 AND 169 )
2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SYSTEM OF COMPENSATION FOR STORAGE COSTS - FLAT-RATE REFUND FOR WHOLE COMMUNITY - EXHAUSTIVE NATURE - APPRAISAL BY THE COUNCIL ALONE OF THE JUSTIFICATION FOR ANY AMENDMENTS
( REGULATION NO 3330/74 OF THE COUNCIL , ART . 8 )
3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SYSTEM OF COMPENSATION FOR STORAGE COSTS - MATERIAL SCOPE - SUGAR CARRIED FORWARD TO FOLLOWING MARKETING YEAR - EXCLUSION
( REGULATION NO 3330/74 OF THE COUNCIL , ARTS 8 AND 31 ( 2 ))
Summary
1 . THE COUNCIL IS ENTITLED TO LAY DOWN , WITHIN THE CONTEXT OF THE REGULATIONS ESTABLISHING THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS , PROVISIONS PROHIBITING WHOLLY OR PARTIALLY CERTAIN FORMS OF NATIONAL AIDS FOR THE PRODUCTION OR MARKETING OF THE PRODUCTS IN QUESTION AND INFRINGEMENT OF SUCH A PROHIBITION MAY BE DEALT WITH WITHIN THE SPECIFIC FRAMEWORK OF SUCH AN ORGANIZATION . IN FACT THE EXISTENCE OF THE SPECIAL PROCEDURE LAID DOWN IN ARTICLE 93 OF THE EEC TREATY FOR APPRAISING THE COMPATIBILITY OF NATIONAL SYSTEMS OF AID WITH THE COMMON MARKET CANNOT AFFECT THE NECESSITY FOR MEMBER STATES TO OBSERVE THE RULES ON THE COMMON ORGANIZATION OF THE MARKET OR PREVENT THE COMPATIBILITY OF SUCH SYSTEMS WITH SUCH RULES FROM BEING APPRAISED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY ARTICLE 169 OF THE TREATY .
2 . THE SYSTEM OF COMPENSATION FOR STORAGE COSTS FOR SUGAR LAID DOWN BY REGULATION NO 3330/74 WAS CONCEIVED IN ORDER TO ATTAIN THE OBJECTIVES OF THAT REGULATION WHICH INCLUDE INTER ALIA THE STABILIZATION OF THE MARKET IN SUGAR . BY ESTABLISHING A UNIFORM FLAT-RATE REFUND FOR THE WHOLE COMMUNITY , THE AMOUNT OF WHICH IS FIXED ANNUALLY BY THE COMMUNITY INSTITUTIONS , THE REGULATION HOWEVER STATES THAT THESE OBJECTIVES MUST BE ATTAINED IN THE SAME WAY IN ALL MEMBER STATES . IT FOLLOWS THAT ARTICLE 8 OF THE REGULATION LAYS DOWN EXHAUSTIVELY THE PROVISIONS APPLICABLE TO THE REIMBURSEMENT OF STORAGE COSTS AND IT IS FOR THE COUNCIL ALONE TO APPRAISE WHETHER THE SPECIAL ECONOMIC CIRCUMSTANCES OBTAINING IN ONE OF THE MEMBER STATES JUSTIFY ADJUSTMENTS TO THE COMMUNITY SYSTEM .
3 . ARTICLE 31 ( 2 ) OF REGULATION NO 3330/74 , ACCORDING TO WHICH STORAGE COSTS INCURRED BY SUGAR UNDERTAKINGS FOR SUGAR CARRIED FORWARD TO THE FOLLOWING MARKETING YEAR ARE NOT TO BE REIMBURSED ON THE