Judgment of the Court of 11 June 1985. - Commission of the European Communities v Ireland. - Commercial policy - Potato imports. - Case 288/83.
European Court reports 1985 Page 01761
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . AGRICULTURE - PRODUCTS NOT SUBJECT TO A COMMON ORGANIZATION OF THE MARKET - SUCH PRODUCTS SUBJECT TO THE GENERAL RULES OF THE TREATY - SPECIAL RULES RELATING TO THE COMMON AGRICULTURAL POLICY - INAPPLICABILITY
( EEC TREATY , ARTS 9 , 10 , 30 , 39 ET SEQ .)
2 . FREE MOVEMENT OF GOODS - PROVISIONS OF THE TREATY - SCOPE - PRODUCTS ORIGINATING IN THE COMMUNITY AND IMPORTED PRODUCTS PUT INTO FREE CIRCULATION - IMPORTATION UNDER A COMMUNITY QUOTA - LACK OF EFFECT
( EEC TREATY , ARTS 9 , 10 AND 30
Summary
1 . AGRICULTURAL PRODUCTS IN RESPECT OF WHICH A COMMON ORGANIZATION OF THE MARKET HAS NOT BEEN ESTABLISHED ARE SUBJECT TO THE GENERAL RULES OF THE COMMON MARKET WITH REGARD TO IMPORTATION , EXPORTATION AND MOVEMENT WITHIN THE COMMUNITY . A MEMBER STATE MAY NOT THEREFORE RELY ON THE SPECIAL RULES OF ARTICLE 39 ET SEQ ., THE PURPOSE OF WHICH IS TO DEFINE THE BASIS OF A COMMON AGRICULTURAL POLICY , IN ORDER TO ESTABLISH OR TO MAINTAIN ON ITS TERRITORY PROVISIONS DEROGATING FROM THE PRINCIPLES OF THE COMMON MARKET IN RESPECT OF A PRODUCT NOT SUBJECT TO A COMMON ORGANIZATION OF THE MARKET .
2 . THE MEASURES LAID DOWN IN THE PROVISIONS OF THE TREATY DEALING WITH THE LIBERALIZATION OF INTRA-COMMUNITY TRADE ARE APPLICABLE WITHOUT DISTINCTION TO PRODUCTS ORIGINATING IN THE MEMBER STATES AND TO THOSE COMING FROM NON-MEMBER COUNTRIES WHICH HAVE BEEN PUT INTO FREE CIRCULATION IN THE COMMUNITY . ONCE THE LATTER PRODUCTS HAVE BEEN DULY IMPORTED INTO THE COMMUNITY IN ACCORDANCE WITH THE PROVISIONS IN FORCE RELATING TO TARIFFS AND TRADE , THEY ARE DEFINITIVELY AND WHOLLY ASSIMILATED TO PRODUCTS ORIGINATING IN MEMBER STATES . THOSE CONSIDERATIONS ALSO APPLY TO PRODUCTS IMPORTED INTO THE COMMUNITY UNDER A COMMUNITY QUOTA EVEN IF THAT QUOTA IS MORE PARTICULARLY INTENDED FOR THE MARKET OF A SPECIFIC MEMBER STATE EITHER BY VIRTUE OF AN AGREEMENT OR OF A LATER ALLOCATION . ONCE GOODS FORMING PART OF SUCH A QUOTA HAVE BEEN DULY IMPORTED INTO THE MEMBER STATE OF DESTINATION , THEY ARE ASSIMILATED TO THE PRODUCTS WHICH ARE IN FREE CIRCULATION IN THAT STATE AND IT MUST THEREFORE BE POSSIBLE FOR THEM TO BE IMPORTED WITHOUT HINDRANCE INTO THE OTHER MEMBER STATES , EXCEPT WHERE AN EXPRESS PROVISION TO THE CONTRARY HAS BEEN ADOPTED BY A COMPETENT INSTITUTION OF THE COMMUNITY .
Parties
IN CASE 288/83
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY RICHARD WAINWRIGHT , LEGAL ADVISER , AND JULIAN CURRALL , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GEORGES KREMLIS , A MEMBER OF ITS LEGAL DEPARTMENT ,