Judgment of the Court of 2 February 1988. - United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities. - Common organization of the market in sheepmeat and goatmeat - Clawback. - Case 61/86.
European Court reports 1988 Page 00431
Summary
Parties
Grounds
Decision on costs
Operative part
Keywords
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - OBJECTIVES - FREE MOVEMENT OF PRODUCTS - DEROGATION - CHARGE ON EXPORTS TO ANOTHER MEMBER STATE - JUSTIFICATION - CONDITIONS
( EEC TREATY, ART . 43 ( 3 ) ( B ) )
2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SHEEPMEAT AND GOATMEAT - VARIABLE SLAUGHTER PREMIUM - EQUIVALENT AMOUNT CHARGED ON EXPORTS TO ANOTHER MEMBER STATE ( CLAWBACK ) - SCOPE OF THE CHARGE - ANIMALS AND PRODUCTS FOR WHICH A PREMIUM HAS BEEN GRANTED - EXTENSION - ILLEGALITY
( COUNCIL REGULATION NO 1837/80, ART . 9 ( 3 ), AS AMENDED BY COUNCIL REGULATION NO 871/84; COMMISSION REGULATIONS NOS 3451/85 AND 9/86 )
Summary
1 . IN ORDER TO ATTAIN THE OBJECTIVE LAID DOWN IN ARTICLE 43 ( 3 ) ( B ) OF THE EEC TREATY OF ENSURING CONDITIONS FOR TRADE WITHIN THE COMMUNITY SIMILAR TO THOSE EXISTING IN A NATIONAL MARKET, ANY COMMON ORGANIZATION OF THE
MARKET MUST ESSENTIALLY ENSURE THE FREE MOVEMENT OF PRODUCTS AND THIS NECESSARILY INVOLVES THE ABOLITION OF ALL OBSTACLES WHICH MIGHT IMPEDE SUCH MOVEMENT . THE CHARGING OF A SUM OF MONEY, ON EXPORTATION TO ANOTHER MEMBER STATE, CONSTITUTES SUCH AN OBSTACLE IN PRINCIPLE, NO MATTER HOW THAT CHARGE IS DESCRIBED . NEVERTHELESS, IT MAY BE JUSTIFIED IN THE CONTEXT OF AN ORGANIZATION OF THE MARKET WHICH HAS NOT YET BEEN COMPLETELY UNIFIED WHERE IT IS INTENDED TO OFFSET INEQUALITIES ARISING FROM THE FACT THAT THE COMMON ORGANIZATION HAS NOT BEEN FULLY ACHIEVED, IN ORDER TO ENABLE PRODUCTS COVERED BY THE ORGANIZATION TO CIRCULATE ON EQUAL TERMS WITHOUT THEREBY ARTIFICIALLY DISTORTING COMPETITION BETWEEN PRODUCERS IN DIFFERENT REGIONS .
2 . THE INCOMPLETE STATE OF THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT, WHICH IS DUE IN PARTICULAR TO THE FACT THAT A PARTICULAR SUPPORT MEASURE, IN THIS CASE THE VARIABLE SLAUGHTER PREMIUM, IS RESERVED FOR PRODUCERS OF A SPECIFIC REGION AND IS LIABLE TO IMPROVE THEIR COMPETITIVE POSITION, MAY CALL FOR CORRECTIVE MEASURES TO RESTORE EQUALITY BETWEEN PRODUCERS IN ALL REGIONS SO FAR AS THEIR COMPETITIVE POSITION IS CONCERNED . SUCH MEASURES, SUCH AS CHARGING, ON EXPORTATION, AN AMOUNT EQUIVALENT TO THE AFOREMENTIONED PREMIUM ( CLAWBACK ), IN SO FAR AS THEY CONSTITUTE OBSTACLES TO THE FREE MOVEMENT OF GOODS TO WHICH ANY COMMON ORGANIZATION OF THE MARKET MUST ASPIRE, ARE NECESSARILY OF AN EXCEPTIONAL NATURE AND THEREFORE THEIR SCOPE MUST BE STRICTLY LIMITED TO THEIR SPECIFIC OBJECTIVE IN THE CONTEXT OF BRINGING ABOUT MARKET CONDITIONS WHICH COME CLOSEST TO THOSE OF AN INTERNAL MARKET .
CONSEQUENTLY, ARTICLE 9 ( 3 ) OF COUNCIL REGULATION NO 1837/80, AS AMENDED BY COUNCIL REGULATION