EXIST INDEPENDENTLY OF THESE INSTITUTIONS .
THE MAINTENANCE OF A NATIONAL MARKET ORGANIZATION CANNOT POSSIBLY MEAN ANYTHING OTHER THAN THE MAINTENANCE OF THE INSTITUTIONS ON WHICH IT DEPENDS . ON ANY OTHER VIEW THE CONCEPT OF A NATIONAL MARKET ORGANIZATION WOULD LOSE ALL FORCE AND PLAIN MEANING .
Parties
IN JOINED CASES 90 AND 91/63
COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY GEORGES LE TALLEC, LEGAL ADVISER OF THE EUROPEAN EXECUTIVES, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF HENRI MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ, LUXEMBOURG, APPLICANT,
V
GRAND DUCHY OF LUXEMBOURG ( CASE 90/63 ), REPRESENTED BY EDOUARD MOLITOR, ASSISTANT LEGAL ADVISER AT THE MINISTRY OF FOREIGN AFFAIRS, LUXEMBOURG, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG, AT THE MINISTRY OF FOREIGN AFFAIRS, LUXEMBOURG, 5 RUE NOTRE-DAME,
AND
KINGDOM OF BELGIUM ( CASE 91/63 ), REPRESENTED BY THE DEPUTY PRIME MINISTER AND MINISTER OF FOREIGN AFFAIRS, BY HIS AGENT JACQUES KARELLE, DIRECTOR AT THE MINISTRY OF FOREIGN AFFAIRS AND FOREIGN TRADE, ASSISTED BY MARCEL VERSCHELDEN, ADVOCATE AT THE COUR D'APPEL, BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY, 9 BOULEVARD PRINCE-HENRI, DEFENDANTS,
Subject of the case
APPLICATION CONCERNING THE INTRODUCTION BY THE DEFENDANTS, AFTER 1 JANUARY 1958, OF A SPECIAL DUTY LEVIABLE UPON THE ISSUE OF IMPORT LICENCES FOR CERTAIN MILK PRODUCTS,
Grounds
ADMISSIBILITY
THE DEFENDANTS, ARGUING THAT THE APPLICATION IS INADMISSIBLE, COMPLAIN THAT THE COMMUNITY FAILED TO COMPLY WITH THE OBLIGATIONS FALLING ON IT BY REASON OF THE RESOLUTION OF THE COUNCIL OF 4 APRIL 1962, AND WAS THUS RESPONSIBLE FOR THE CONTINUANCE OF THE ALLEGED INFRINGEMENT OF THE TREATY, WHICH SHOULD HAVE CEASED BEFORE THE ISSUE OF THE REASONED OPINION UNDER ARTICLE 169 . IN THEIR VIEW, SINCE INTERNATIONAL LAW ALLOWS A PARTY, INJURED BY THE FAILURE OF ANOTHER PARTY TO PERFORM ITS OBLIGATIONS, TO WITHOLD PERFORMANCE OF ITS OWN, THE COMMISSION HAS LOST THE RIGHT TO PLEAD INFRINGEMENT OF THE TREATY . HOWEVER THIS RELATIONSHIP BETWEEN THE OBLIGATIONS OF PARTIES CANNOT BE RECOGNIZED UNDER COMMUNITY LAW .
IN FACT THE TREATY IS NOT LIMITED TO CREATING RECIPROCAL OBLIGATIONS BETWEEN THE DIFFERENT NATURAL AND LEGAL PERSONS TO WHOM IT IS APPLICABLE, BUT ESTABLISHES A NEW LEGAL ORDER WHICH GOVERNS THE POWERS, RIGHTS AND OBLIGATIONS OF THE SAID PERSONS, AS WELL AS THE NECESSARY PROCEDURES FOR TAKING COGNIZANCE OF AND PENALIZING ANY BREACH OF IT . THEREFORE, EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, THE BASIC CONCEPT OF THE TREATY REQUIRES THAT THE MEMBER STATES SHALL NOT TAKE THE LAW INTO THEIR OWN HANDS . THEREFORE THE FACT THAT THE COUNCIL FAILED TO CARRY OUT ITS OBLIGATIONS CANNOT RELIEVE THE DEFENDANTS FROM CARRYING OUT THEIRS .
MOREOVER, THE RESOLUTION OF THE COUNCIL TO TAKE A DECISION UNDER ARTICLE 43 BY 31 JULY 1962 AT THE LATEST, SO THAT THE RULES FOR MILK PRODUCTS WOULD ENTER FORCE BY 1 NOVEMBER 1962 AT THE LATEST, DOES NOT CREATE TIME-LIMITS HAVING