BY THE NATIONAL AUTHORITIES TO GIVE EFFECT TO THE COMMUNITY REGULATIONS, BUT WITH THE REGULATIONS THEMSELVES, INASMUCH AS IT CRITICIZES THE COUNCIL AND THE COMMISSION FOR NOT ALLOWING THE NATIONAL AUTHORITIES TO GRANT LICENCES FOR THE EXPORTATION OF STEEL TUBES AND PIPES TO THE UNITED STATES TO PERSONS OTHER THAN THE PRODUCERS OF THOSE GOODS . THE EFFECT OF BOTH ARTICLE 5 OF COUNCIL REGULATION NO 60/85, MENTIONED ABOVE, AND ARTICLE 3 OF COMMISSION REGULATION NO 61/85 OF 9 JANUARY 1985 ON THE MONITORING BY THE COMMUNITY OF EXPORTS OF STEEL TUBES AND PIPES TO THE UNITED STATES OF AMERICA ( OFFICIAL JOURNAL 1985, L*9, P . 19 ) IS THAT EXPORT LICENCES MAY BE GRANTED ONLY TO UNDERTAKINGS WHICH PRODUCE THOSE GOODS .
9 THE COURT HAS CONSISTENTLY HELD THAT THE ACTION FOR DAMAGES UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 WAS ESTABLISHED AS AN AUTONOMOUS FORM OF ACTION WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS, AND THAT ITS EXERCISE IS SUBJECT TO CONDITIONS IMPOSED IN VIEW OF THE SPECIFIC OBJECTIVE THEREOF . ALTHOUGH AN ACTION FOR DAMAGES MUST BE APPRAISED WITH REGARD TO THE ENTIRE SYSTEM FOR THE JUDICIAL PROTECTION OF THE INDIVIDUAL AND ALTHOUGH ITS ADMISSIBILITY MAY THUS, IN SOME CASES, BE SUBJECT TO THE PRIOR EXHAUSTION OF THE NATIONAL REMEDIES WHEREBY AN INDIVIDUAL MAY SEEK THE ANNULMENT OF A DECISION OF A NATIONAL AUTHORITY, IT IS NONE THE LESS A NECESSARY PRECONDITION THAT THOSE NATIONAL REMEDIES GIVE EFFECTIVE PROTECTION TO THE INDIVIDUALS CONCERNED AND THAT THEY BE CAPABLE OF LEADING TO COMPENSATION FOR THE DAMAGE ALLEGED .
10 SUCH A SITUATION, WHEREBY THE UNDERTAKING CONCERNED COULD EITHER OBTAIN THE LICENCE OR RECOVER COMPENSATION FOR THE DAMAGE DUE TO THE REFUSAL TO ISSUE IT, DOES NOT ARISE HERE . THE NATIONAL AUTHORITIES WERE OBLIGED UNDER THE AFORESAID PROVISIONS OF REGULATIONS NOS 60 AND 61/85 TO GRANT EXPORT LICENCES SOLELY TO UNDERTAKINGS PRODUCING TUBES AND PIPES, WHILE A DISTRIBUTIVE UNDERTAKING COULD OBTAIN SUCH A LICENCE ONLY BY HAVING IT TRANSFERRED BY A PRODUCER UNDERTAKING . THE ANNULMENT BY A NATIONAL COURT OF A REFUSAL TO GRANT SUCH A LICENCE TO A DISTRIBUTIVE UNDERTAKING CANNOT HAVE THE EFFECT OF GIVING THAT UNDERTAKING THE RIGHT TO OBTAIN EITHER THE LICENCE OR COMPENSATION FOR ANY DAMAGE WHICH IT MAY HAVE SUFFERED . NOR IS THAT THE CASE IF A NATIONAL COURT WERE TO FIND, AFTER REFERRING A QUESTION ON THE MATTER TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY, THAT THE PROVISIONS OF THE REGULATIONS IN QUESTION WERE INVALID .
11 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT THE OBJECTION OF INADMISSIBLITY RAISED BY THE DEFENDANT INSTITUTIONS CANNOT BE UPHELD .
SUBSTANCE
12 THE APPLICANT MAINTAINS THAT THE SCHEME SET UP BY THE COMMUNITY TO IMPLEMENT THE ARRANGEMENT IS ILLEGAL . FIRST, THE SCHEME LEADS TO DISCRIMINATION AGAINST DISTRIBUTORS, BY COMPARISON WITH PRODUCERS, SINCE IT IS ONLY PRODUCERS THAT MAY OBTAIN LICENCES FOR THE EXPORTATION OF STEEL TUBES AND PIPES