larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v Council of the European Communities.
Date: 1987-03-26
3 WITH REGARD TO THE DOUBTS EXPRESSED BY THE COUNCIL CONCERNING THE COMMISSION' S INTEREST IN BRINGING PROCEEDINGS AND HENCE THE ADMISSIBILITY OF THE ACTION, IT NEED MERELY BE POINTED OUT THAT ARTICLE 173 OF THE TREATY DRAWS A CLEAR DISTINCTION BETWEEN THE RIGHT OF ACTION AVAILABLE TO THE COMMUNITY INSTITUTIONS AND THE MEMBER STATES ON THE ONE HAND AND THAT AVAILABLE TO NATURAL OR LEGAL PERSONS ON THE OTHER . THE FIRST PARAGRAPH OF ARTICLE 173 GIVES THE COMMISSION AND ANY MEMBER STATE THE RIGHT TO BRING AN ACTION FOR ANNULMENT IN ORDER TO CHALLENGE THE LEGALITY OF ANY COUNCIL REGULATION WITHOUT MAKING THE EXERCISE OF THAT RIGHT CONDITIONAL ON PROOF OF AN INTEREST IN BRINGING PROCEEDINGS . CONSEQUENTLY, THE APPLICATION IS ADMISSIBLE .
9 ADMITTEDLY, FAILURE TO REFER TO A PRECISE PROVISION OF THE TREATY NEED NOT NECESSARILY CONSTITUTE AN INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS WHEN THE LEGAL BASIS FOR THE MEASURE MAY BE DETERMINED FROM OTHER PARTS OF THE MEASURE . HOWEVER, SUCH EXPLICIT REFERENCE IS INDISPENSABLE WHERE, IN ITS ABSENCE, THE PARTIES CONCERNED AND THE COURT ARE LEFT UNCERTAIN AS TO THE PRECISE LEGAL BASIS .
10 IN ANSWER TO A QUESTION PUT BY THE COURT THE COUNCIL HAS STATED THAT WHEN IT ADOPTED THE CONTESTED REGULATIONS IT INTENDED TO BASE THEM ON BOTH ARTICLES 113 AND 235 OF THE EEC TREATY . IT HAS EXPLAINED THAT IT DEPARTED FROM THE COMMISSION' S PROPOSAL TO BASE THE REGULATIONS ON ARTICLE 113 ALONE BECAUSE IT WAS CONVINCED THAT THE CONTESTED REGULATIONS HAD NOT ONLY COMMERCIAL-POLICY AIMS, BUT ALSO MAJOR DEVELOPMENT-POLICY AIMS . THE IMPLEMENTATION OF DEVELOPMENT POLICY GOES BEYOND THE SCOPE OF ARTICLE 113 OF THE TREATY AND NECESSITATES RECOURSE TO ARTICLE 235 .
11 IT MUST BE OBSERVED THAT IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MAY NOT DEPEND SIMPLY ON AN INSTITUTION' S CONVICTION AS TO THE OBJECTIVE PURSUED BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW .
12 IN THIS CASE, THE ARGUMENT WITH REGARD TO THE CORRECT LEGAL BASIS WAS NOT A PURELY FORMAL ONE, SINCE ARTICLES 113 AND 235 OF THE EEC TREATY ENTAIL DIFFERENT RULES REGARDING THE MANNER IN WHICH THE COUNCIL MAY ARRIVE AT ITS DECISION . THE CHOICE OF THE LEGAL BASIS COULD THUS AFFECT THE DETERMINATION OF THE CONTENT OF THE CONTESTED REGULATIONS .
13 IT FOLLOWS FROM THE VERY WORDING OF ARTICLE 235 THAT ITS USE AS THE LEGAL BASIS FOR A MEASURE IS JUSTIFIED ONLY WHERE NO OTHER PROVISION OF THE TREATY GIVES THE COMMUNITY INSTITUTIONS THE NECESSARY POWER TO ADOPT THE MEASURE IN QUESTION .
16 IT MUST BE POINTED OUT IN THE FIRST PLACE THAT, AS THE COURT HAS ALREADY STATED, THE CONCEPT OF COMMERCIAL POLICY HAS THE SAME CONTENT WHETHER IT IS APPLIED IN THE CONTEXT OF THE INTERNATIONAL ACTION OF A STATE OR IN THAT OF THE COMMUNITY ( OPINION 1/75 OF 11 NOVEMBER 1975 (( 1975 )) ECR 1355 ).
Coopérative agricole d'approvisionnement des Avirons v Receveur des douanes de Saint-Denis and directeur régional des douanes, Réunion.
Date: 1987-03-26
15 FURTHERMORE, THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY PROVIDES THAT THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS MUST EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY . ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT, DISCRIMINATION IS DEFINED AS TREATING DIFFERENTLY SITUATIONS WHICH ARE IDENTICAL, OR TREATING IN THE SAME WAY SITUATIONS WHICH ARE DIFFERENT ( JUDGMENT OF 23 FEBRUARY 1983 IN CASE 8/82 WAGNER V BALM (( 1983 )) ECR 371 ).
22 AS THE COURT HAS HELD, ARTICLE 13 OF REGULATION NO 1430/79 IS "A GENERAL EQUITABLE PROVISION DESIGNED TO COVER SITUATIONS OTHER THAN THOSE WHICH HAD MOST OFTEN ARISEN IN PRACTICE AND FOR WHICH SPECIAL PROVISION COULD BE MADE WHEN THE REGULATION WAS ADOPTED" ( JUDGMENT OF 15 DECEMBER 1983 IN CASE 283/82 PAPIERFABRIK SCHOELLERSHAMMER V COMMISSION (( 1983 )) ECR 4219; JUDGMENT OF 15 MAY 1986 IN CASE 160/84 ORYZOMYLI KAVALLAS V COMMISSION (( 1986 )) ECR 1633 ). THE ARTICLE IS INTENDED TO APPLY WHERE THE CIRCUMSTANCES CHARACTERIZING THE RELATIONSHIP BETWEEN A TRADER AND THE ADMINISTRATION ARE SUCH THAT IT WOULD BE INEQUITABLE TO REQUIRE THE TRADER TO BEAR A LOSS WHICH HE NORMALLY WOULD NOT HAVE INCURRED . AS THE COMMISSION RIGHTLY OBSERVES, THE GEOGRAPHICAL AND ECONOMIC SITUATION OF REUNION IS OF AN OBJECTIVE NATURE AND AFFECTS AN INDEFINITE NUMBER OF TRADERS, AND HENCE THE CIRCUMSTANCES IN WHICH MAIZE IS IMPORTED INTO THAT TERRITORY CANNOT BE REGARDED AS "SPECIAL CIRCUMSTANCES" WITHIN THE MEANING OF ARTICLE 13 CITED ABOVE .
Commission of the European Communities v French Republic.
Date: 1987-04-07
6 IT SHOULD FIRST BE POINTED OUT THAT, AS THE COURT HAS CONSISTENTLY HELD ( SEE, MOST RECENTLY, THE JUDGMENT OF 4 MARCH 1986 IN CASE 106/84 COMMISSION V DENMARK (( 1986 )) ECR 833 ), AT ITS PRESENT STAGE OF DEVELOPMENT COMMUNITY LAW DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO LAY DOWN TAX ARRANGEMENTS WHICH DIFFERENTIATE BETWEEN CERTAIN PRODUCTS, EVEN PRODUCTS WHICH ARE SIMILAR WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95, ON THE BASIS OF OBJECTIVE CRITERIA, SUCH AS THE NATURE OF THE RAW MATERIALS USED OR THE PRODUCTION PROCESSES EMPLOYED . SUCH DIFFERENTIATION IS COMPATIBLE WITH COMMUNITY LAW IF IT PURSUES OBJECTIVES OF ECONOMIC POLICY WHICH ARE THEMSELVES COMPATIBLE WITH THE REQUIREMENTS OF THE TREATY AND ITS SECONDARY LEGISLATION, AND IF THE DETAILED RULES ARE SUCH AS TO AVOID ANY FORM OF DISCRIMINATION, DIRECT OR INDIRECT, IN REGARD TO IMPORTS FROM OTHER MEMBER STATES OR ANY FORM OF PROTECTION OF COMPETING DOMESTIC PRODUCTS .
Società industrie siderurgiche meccaniche e affini (Sisma) SpA v Commission of the European Communities.
Date: 1987-04-07
8 WITH REGARD TO THE COMPLAINT CONCERNING THE STATEMENT OF THE REASONS ON WHICH THE CONTESTED DECISION IS BASED, IT SHOULD BE POINTED OUT THAT, ACCORDING TO THE SETTLED CASE-LAW OF THE COURT ( SEE, INTER ALIA, THE JUDGMENT OF 28 MARCH 1984 IN CASE 8/83 BERTOLI V COMMISSION (( 1984 )) ECR 1649 ), THE PURPOSE OF THE OBLIGATION TO STATE THE REASONS ON WHICH AN INDIVIDUAL DECISION IS BASED IS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH SUFFICIENT INFORMATION TO MAKE IT POSSIBLE TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY A DEFECT WHICH MAY PERMIT ITS LEGALITY TO BE CONTESTED . THE EXTENT OF THAT OBLIGATION DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .
Commission of the European Communities v Italian Republic.
Date: 1987-04-09
7 AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 23 MAY 1985 IN CASE 29/84 COMMISSION V FEDERAL REPUBLIC OF GERMANY (( 1985 )) ECR 1661, THE TRANSPOSITION OF A DIRECTIVE INTO DOMESTIC LAW DOES NOT NECESSARILY REQUIRE THAT ITS PROVISIONS BE INCORPORATED FORMALLY AND VERBATIM IN EXPRESS, SPECIFIC LEGISLATION; A GENERAL LEGAL CONTEXT MAY, DEPENDING ON THE CONTENT OF THE DIRECTIVE, BE ADEQUATE FOR THE PURPOSE PROVIDED THAT IT DOES INDEED GUARANTEE THE FULL APPLICATION OF THE DIRECTIVE IN A SUFFICIENTLY CLEAR AND PRECISE MANNER SO THAT, WHERE THE DIRECTIVE IS INTENDED TO CREATE RIGHTS FOR INDIVIDUALS, THE PERSONS CONCERNED CAN ASCERTAIN THE FULL EXTENT OF THEIR RIGHTS AND, WHERE APPROPRIATE, RELY ON THEM BEFORE THE NATIONAL COURTS .
G. Basset v Société des auteurs, compositeurs et éditeurs de musique (SACEM).
Date: 1987-04-09
15 IN OTHER WORDS, DISREGARDING THE CONCEPTS USED BY FRENCH LEGISLATION AND PRACTICE, THE SUPPLEMENTARY MECHANICAL REPRODUCTION FEE MAY THUS BE ANALYSED AS CONSTITUTING PART OF THE PAYMENT FOR AN AUTHOR' S RIGHTS OVER THE PUBLIC PERFORMANCE OF A RECORDED MUSICAL WORK . MOREOVER, THE AMOUNT OF THAT ROYALTY, LIKE THAT OF THE PERFORMANCE FEE STRICTLY SO CALLED, IS CALCULATED ON THE BASIS OF THE DISCOTHEQUE' S TURNOVER AND NOT THE NUMBER OF RECORDS BOUGHT OR PLAYED .
18 WITH REGARD TO THE SECOND QUESTION, IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS CONCERNING THE APPLICATION OF ARTICLE 36 OF THE TREATY THAT THE FACT THAT A COPYRIGHT-MANAGEMENT SOCIETY UTILIZES THE POSSIBILITIES MADE AVAILABLE TO IT BY NATIONAL LEGISLATION IN THAT REGARD DOES NOT IN ITSELF CONSTITUTE ABUSIVE CONDUCT FOR THE PURPOSES OF ARTICLE 86 OF THE TREATY .
19 IT IS NOT IMPOSSIBLE, HOWEVER, THAT THE AMOUNT OF THE ROYALTY, OR OF THE COMBINED ROYALTIES, CHARGED BY THE COPYRIGHT-MANAGEMENT SOCIETY MAY BE SUCH THAT ARTICLE 86 APPLIES . THE NATIONAL COURT, WHICH HAS EXCLUSIVE JURISDICTION TO ESTABLISH THE FACTS OF THE CASE UNDER THE PROCEDURE FOR INTERPRETATIVE RULINGS UNDER ARTICLE 17 OF THE TREATY, HELD THAT SACEM MUST BE REGARDED AS AN UNDERTAKING OCCUPYING A DOMINANT POSITION WITHIN THE COMMON MARKET . IT FOLLOWS THAT IF THAT UNDERTAKING WERE TO ENGAGE IN ABUSIVE PRACTICES, IN PARTICULAR BY IMPOSING UNFAIR CONDITIONS, ITS CONDUCT WOULD BE CONTRARY TO ARTICLE 86 .
20 IN THE EVENT, HOWEVER, THE NATIONAL COURT CONSIDERED THAT THE AMOUNT OF THE ROYALTIES CHARGED BY SACEM TO DISCOTHEQUES IN FRANCE WAS NOT UNFAIR . IN ITS WRITTEN OBSERVATIONS THE COMMISSION INDICATED THAT IT WAS CARRYING OUT A GENERAL INQUIRY INTO THE ROYALTIES CHARGED BY SACEM TO FRENCH DISCOTHEQUES, COVERING BOTH THE RATE OF THOSE ROYALTIES AND THE BASIS ON WHICH THEY ARE ASSESSED . HOWEVER, THE AMOUNT OF THE ROYALTIES IS NOT ONE OF THE ISSUES REFERRED BY THE NATIONAL COURT TO THIS COURT .
21 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT THE PROHIBITIONS LAID DOWN IN ARTICLE 86 OF THE EEC TREATY, PROPERLY CONSTRUED, DO NOT APPLY TO THE CONDUCT OF A NATIONAL COPYRIGHT-MANAGEMENT SOCIETY SIMPLY BECAUSE IT CHARGES A ROYALTY CALLED A "SUPPLEMENTARY MECHANICAL REPRODUCTION FEE", IN ADDITION TO A PERFORMANCE ROYALTY, ON THE PUBLIC PERFORMANCE OF SOUND RECORDINGS, EVEN WHERE SUCH A SUPPLEMENTARY FEE IS NOT PROVIDED FOR IN THE MEMBER STATE WHERE THOSE SOUND RECORDINGS WERE LAWFULLY PLACED ON THE MARKET .
Koyo Seiko Company Limited v Council of the European Communities.
Date: 1987-05-07
6 HOWEVER, IT SHOULD BE NOTED THAT THE CONTESTED REGULATION DOES NOT LAY DOWN GENERAL RULES WHICH APPLY TO A WHOLE GROUP OF TRADERS WITHOUT DISTINGUISHING BETWEEN THEM BUT IMPOSES DIFFERENT ANTI-DUMPING DUTIES ON A SERIES OF MANUFACTURERS OR EXPORTERS OF SMALL BALL BEARINGS ESTABLISHED IN JAPAN AND SINGAPORE WHO ARE EXPRESSLY NAMED, AND ALSO ON OTHER UNDERTAKINGS WHICH ARE NOT NAMED BUT WHICH PURSUE THE SAME ACTIVITIES IN THOSE SAME COUNTRIES . UNDER THOSE CIRCUMSTANCES IT MUST BE CONCLUDED THAT KOYO SEIKO IS INDIVIDUALLY CONCERNED ONLY BY THOSE PROVISIONS OF THE CONTESTED REGULATION WHICH IMPOSE ON IT A SPECIFIC ANTI-DUMPING DUTY AND DETERMINE THE AMOUNT THEREOF, AND NOT BY THOSE PROVISIONS WHICH IMPOSE ANTI-DUMPING DUTIES ON OTHER UNDERTAKINGS .
7 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICANT' S CLAIM FOR A DECLARATION THAT REGULATION NO 2089/84 IS VOID IN ITS ENTIRETY MUST BE DISMISSED . IT IS, HOWEVER, NECESSARY TO EXAMINE THE MERITS OF THE CLAIM FOR A DECLARATION THAT THOSE PROVISIONS OF THE CONTESTED REGULATION WHICH ARE OF CONCERN EXCLUSIVELY TO KOYO SEIKO ARE VOID .
SUBSTANCE
20 CONSEQUENTLY, AS THE COURT HELD IN ITS JUDGMENT OF 28 OCTOBER 1982 IN CASE 52/81 FAUST V COMMISSION (( 1982 )) ECR 3745, WHERE THE INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES, TRADERS CANNOT CLAIM TO HAVE A LEGITIMATE EXPECTATION THAT THE MEANS ORIGINALLY CHOSEN WILL BE MAINTAINED, SINCE THESE MAY BE ALTERED BY THE INSTITUTIONS IN THE EXERCISE OF THEIR POWERS .
Minebea Company Limited v Council of the European Communities.
Date: 1987-05-07
8 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON .
28 SECONDLY, AS THE COURT HELD IN ITS JUDGMENT OF 28 OCTOBER 1982 IN CASE 52/81 FAUST V COMMISSION (( 1982 )) ECR 3745, WHERE THE INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES, TRADERS CANNOT CLAIM TO HAVE A LEGITIMATE EXPECTATION THAT THE MEANS ORIGINALLY CHOSEN WILL BE MAINTAINED, SINCE THESE MAY BE ALTERED BY THE INSTITUTIONS IN THE EXERCISE OF THEIR POWERS .
41 IN THAT REGARD IT SHOULD BE NOTED THAT THE ALLOWANCES MADE UNDER ARTICLE 2*(10)*(C ) OF REGULATION NO 3017/79 ARE DIFFERENT, AS REGARDS BOTH THEIR PURPOSE AND THE CONDITIONS IN WHICH THEY ARE APPLIED, FROM THE ALLOWANCES MADE IN THE CONSTRUCTION OF THE EXPORT PRICE .
42 WHEREAS THE LATTER ALLOWANCES ARE INTENDED TO DETERMINE THE EXPORT PRICE WHICH CORRESPONDS TO NORMAL TRADING CONDITIONS, THE ALLOWANCES MADE UNDER ARTICLE 2*(10 ) ARE INTENDED TO RECTIFY THE EXPORT PRICE OR THE NORMAL VALUE ALREADY CALCULATED PURSUANT TO THE RULES LAID DOWN IN ARTICLE 2*(3 ) TO AND ( 8 ). THE ALLOWANCES PROVIDED FOR BY ARTICLE 2*(10 ) ARE MADE BY REFERENCE TO OBJECTIVE FACTORS ENUMERATED IN PARTICULAR IN SUBPARAGRAPH ( C ) THEREOF; THESE FACTORS CORRESPOND TO THE PARTICULAR FEATURES OF EACH MARKET ( DOMESTIC AND EXPORT ) AND HAVE A VARYING IMPACT ON CONDITIONS AND TERMS OF SALE, THUS AFFECTING PRICE COMPARABILITY .
43 MOREOVER, WHEREAS ADJUSTMENTS REQUIRED FOR THE PURPOSE OF CONSTRUCTING THE EXPORT PRICE ARE MADE AUTOMATICALLY BY THE COMMUNITY INSTITUTIONS PURSUANT TO THE PROVISIONS OF ARTICLE 2*(8 ) OF REGULATION NO 3017/79, THE ADJUSTMENTS PROVIDED FOR BY ARTICLE 2*(10 ) MAY ALSO BE MADE ON A CLAIM BY AN INTERESTED PARTY . A PARTY MAKING SUCH A CLAIM MUST PROVE THAT ITS CLAIM IS JUSTIFIED, THAT IS TO SAY THAT THE DIFFERENCE ON WHICH IT RELIES CONCERNS ONE OF THE FACTORS LISTED BY ARTICLE 2*(9 ), THAT THE DIFFERENCE AFFECTS PRICE COMPARABILITY AND LASTLY, IF, AS IN THIS CASE, IT IS A QUESTION PARTICULARLY OF DIFFERENCES IN CONDITIONS AND TERMS OF SALE, THAT THOSE DIFFERENCES BEAR A DIRECT RELATIONSHIP TO THE SALES UNDER CONSIDERATION .
Commission of the European Communities v Italian Republic.
Date: 1987-05-07
7 ACCORDING TO THE CASE-LAW OF THE COURT, ARTICLE 95 AS A WHOLE AIMS TO ENSURE FREE MOVEMENT OF GOODS BETWEEN THE MEMBER STATES IN NORMAL CONDITIONS OF COMPETITION BY THE ELIMINATION OF ALL FORMS OF PROTECTION WHICH RESULT FROM THE APPLICATION OF INTERNAL TAXATION WHICH DISCRIMINATES AGAINST PRODUCTS FROM OTHER MEMBER STATES, AND TO GUARANTEE THE COMPLETE NEUTRALITY OF INTERNAL TAXATION AS REGARDS COMPETITION BETWEEN DOMESTIC PRODUCTS AND IMPORTED PRODUCTS . AS FAR AS SIMILAR PRODUCTS ARE CONCERNED, THE FIRST PARAGRAPH OF ARTICLE 95 MORE SPECIFICALLY PROHIBITS ANY TAX PROVISION WHOSE EFFECT IS TO IMPOSE, BY WHATEVER TAX MECHANISM, HIGHER TAXATION ON IMPORTED GOODS THAN ON SIMILAR DOMESTIC PRODUCTS .
8 IN THAT CONNECTION IT MUST BE OBSERVED THAT, AS NOTED ABOVE, ITALIAN BANANA PRODUCTION IS COMPLETELY NEGLIGIBLE AND MUST THEREFORE BE LEFT OUT OF ACCOUNT . CONSEQUENTLY, THE CRITERION OF SIMILARITY ON WHICH THE PROHIBITION SET OUT IN THE FIRST PARAGRAPH OF ARTICLE 95 IS BASED MUST BE ASSESSED IN RELATION TO TABLE FRUIT TYPICALLY PRODUCED IN ITALY .
9 IT MUST THEREFORE BE CONSIDERED, AS THE COURT POINTED OUT IN ITS JUDGMENT OF 17 FEBRUARY 1976 IN CASE 45/75 REWE-ZENTRALE DES LEBENSMITTEL - GROSSHANDELS GMBH V HAUPTZOLLAMT LANDAU PFALZ (( 1976 )) ECR 181, WHETHER BANANAS AND OTHER TABLE FRUIT TYPICALLY PRODUCED IN ITALY HAVE SIMILAR CHARACTERISTICS AND MEET THE SAME CONSUMER NEEDS . CONSEQUENTLY, IN ORDER TO ASSESS SIMILARITY, ACCOUNT MUST BE TAKEN, ON THE ONE HAND, OF A SET OF OBJECTIVE CHARACTERISTICS OF THE TWO CATEGORIES OF PRODUCT IN QUESTION, SUCH AS THEIR ORGANOLEPTIC CHARACTERISTICS AND THEIR WATER CONTENT, AND, ON THE OTHER HAND, WHETHER OR NOT THE TWO CATEGORIES OF FRUIT CAN SATISFY THE SAME CONSUMER NEEDS .
10 IT MUST BE OBSERVED IN THIS CASE THAT THE TWO CATEGORIES OF FRUIT IN QUESTION, THAT IS TO SAY, ON THE ONE HAND, BANANAS, AND, ON THE OTHER, TABLE FRUIT TYPICALLY PRODUCED IN ITALY MENTIONED ABOVE HAVE DIFFERENT CHARACTERISTICS . AS THE COMMISSION HAS CONCEDED, THE ORGANOLEPTIC CHARACTERISTICS AND THE WATER CONTENT OF THE TWO CATEGORIES OF PRODUCT DIFFER . BY WAY OF EXAMPLE, THE HIGHER WATER CONTENT OF PEARS AND OTHER FRUIT TYPICALLY GROWN IN ITALY GIVE THEM THIRST-QUENCHING PROPERTIES WHICH BANANAS DO NOT POSSESS . MOREOVER, THE OBSERVATION OF THE ITALIAN GOVERNMENT, WHICH HAS NOT BEEN CHALLENGED BY THE COMMISSION, THAT THE BANANA IS REGARDED, AT LEAST ON THE ITALIAN MARKET, AS A FOODSTUFF WHICH IS PARTICULARLY NUTRITIOUS, OF A HIGH ENERGY CONTENT AND WELL-SUITED FOR INFANTS MUST BE ACCEPTED . IT MUST THEREFORE BE HELD THAT THOSE TWO CATEGORIES OF FRUIT ARE NOT SIMILAR WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95 .
15 IT FOLLOWS FROM THE FOREGOING, THAT, BY IMPOSING AND MAINTAINING IN FORCE A TAX ON THE CONSUMPTION OF FRESH BANANAS WHICH IS APPLICABLE TO BANANAS ORIGINATING IN OTHER MEMBER STATES, AND IN PARTICULAR TO BANANAS FROM THE FRENCH OVERSEAS DEPARTMENTS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE SECOND PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY .
Ministère public v Oscar Traen and others.
Date: 1987-05-12
9 THE ESSENTIAL OBJECTIVE OF THE DIRECTIVE, SPECIFIED IN THE THIRD RECITAL IN THE PREAMBLE THERETO AND IN ARTICLE 4, NAMELY THE PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT, WOULD IN ANY EVENT BE ENDANGERED IF THE APPLICATION OF MEASURES FOR THE CONTROL AND SUPERVISION OF SUCH ACTIVITIES WERE TO BE CONDITIONAL UPON DISTINCTIONS BASED ON CRITERIA SUCH AS THE COMPANY OBJECTS OF THE UNDERTAKING, WHETHER THE DISPOSAL OF WASTE IS A MAIN OR SUBSIDIARY ACTIVITY OR THE FORESEEABLE IMPACT ON THE ENVIRONMENT .
13 AS REGARDS THE QUESTION WHETHER AN OWNER OR OCCUPIER OF LAND IS OBLIGED TO HOLD A PERMIT IN VIEW OF THE FACT THAT HE BECOMES THE OWNER OF THE WASTE TIPPED ON HIS LAND, IT IS APPARENT FROM THE AFOREMENTIONED ARTICLE 8 THAT THE REQUIREMENT TO HOLD A PERMIT APPLIES ONLY TO AN UNDERTAKING OPERATING ON BEHALF OF THIRD PARTIES . PERSONS WHO DISPOSE OF THEIR OWN WASTE ARE SUBJECT ONLY TO "SUPERVISION BY THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 5" ( ARTICLE 10 OF THE DIRECTIVE ); HOWEVER, THE "NECESSARY MEASURES" TO BE TAKEN BY THE MEMBER STATES UNDER ARTICLE 4 OF THE DIRECTIVE MAY INCLUDE IMPOSING UPON SUCH PERSONS THE OBLIGATION TO OBTAIN A PERMIT .
21 THAT PROVISION DOES NOT THEREFORE LAY DOWN ANY PARTICULAR REQUIREMENT RESTRICTING THE FREEDOM OF THE MEMBER STATES REGARDING THE WAY IN WHICH THEY ORGANIZE THE SUPERVISION OF THE ACTIVITIES REFERRED TO THEREIN . THAT FREEDOM MUST, HOWEVER, BE EXERCISED HAVING DUE REGARD TO THE OBJECTIVES MENTIONED IN THE THIRD RECITAL IN THE PREAMBLE TO THE DIRECTIVE AND IN ARTICLE 4 THEREOF, NAMELY THE PROTECTION OF HUMAN HEALTH AND OF THE ENVIRONMENT .
J. J. Geist v Commission of the European Communities.
Date: 1987-05-20
9 IT IS NOT NECESSARY TO CONSIDER THE VALIDITY OF THAT SUBMISSION; IT WAS NOT MADE IN THE COMPLAINT AND WAS PUT FORWARD ONLY DURING THE WRITTEN PROCEDURE BEFORE THE COURT . AS THE COURT HAS CONSISTENTLY HELD, MOST RECENTLY IN THE JUDGMENT OF 7 MAY 1986 ( CASE 52/85 RIHOUX AND OTHERS V COMMISSION (( 1986 )) ECR 1555 ), AN OFFICIAL "MAY NOT SUBMIT TO THE COURT CONCLUSIONS WITH A SUBJECT-MATTER OTHER THAN THOSE RAISED IN THE COMPLAINT OR PUT FORWARD HEADS OF CLAIM BASED ON MATTERS OTHER THAN THOSE RELIED ON IN THE COMPLAINT . THE SUBMISSIONS AND ARGUMENTS MADE TO THE COURT IN SUPPORT OF THOSE HEADS OF CLAIM NEED NOT NECESSARILY APPEAR IN THE COMPLAINT, BUT MUST BE CLOSELY LINKED TO IT ". CONSEQUENTLY, THE FIRST SUBMISSION MUST BE DECLARED INADMISSIBLE .
FAILURE TO DECLARE THAT MR GEIST' S INVALIDITY IS OCCUPATIONAL IN ORIGIN
Theano Souna v Commission of the European Communities.
Date: 1987-05-20
20 IT SHOULD BE NOTED THAT THE COMMISSION COULD NOT, HAVING REGARD TO THE PROVISION OF THE STAFF REGULATIONS ON WHICH THE CONTESTED DECISION IS BASED, TAKE ANY DECISION OTHER THAN THAT WHICH IT TOOK . IN THIS REGARD, IT SHOULD BE RECALLED THAT AN APPLICANT HAS NO LEGITIMATE INTEREST IN SEEKING THE ANNULMENT OF A DECISION FOR BREACH OF A PROCEDURAL REQUIREMENT WHEN THE ADMINISTRATION HAS NO DISCRETION AND IS BOUND TO ACT AS IT DID . IN SUCH A CASE THE ANNULMENT OF THE CONTESTED DECISION COULD ONLY GIVE RISE TO ANOTHER DECISION SUBSTANTIALLY IDENTICAL TO THE DECISION ANNULLED ( JUDGMENT OF 6 JULY 1983 IN CASE 117/81 GEIST V COMMISSION (( 1983 )) ECR 2191, AT P . 2207 ).
Union Deutsche Lebensmittelwerke GmbH and others v Commission of the European Communities.
Date: 1987-05-21
12 THE APPLICANTS' ARGUMENT TO THE EFFECT THAT THIS APPLICATION SHOULD BE DECLARED ADMISSIBLE SO AS TO ENABLE THEM TO ENJOY FULL LEGAL PROTECTION MUST BE REJECTED . IT MUST BE POINTED OUT THAT, IN SUPPORT OF AN ACTION CHALLENGING A NATIONAL MEASURE IMPLEMENTING A COMMUNITY DECISION, THE APPLICANT MAY PLEAD THE ILLEGALITY OF THAT DECISION AND THEREBY REQUIRE THE NATIONAL COURT TO ADJUDICATE ON ALL THE ALLEGATIONS FORMULATED IN THAT RESPECT, IF NECESSARY AFTER MAKING A REFERENCE TO THE COURT OF JUSTICE FOR A RULING ON THE VALIDITY OF THE DECISION IN QUESTION . THE FACT THAT THE NATIONAL COURT IS EMPOWERED TO DETERMINE WHICH QUESTIONS IT INTENDS TO SUBMIT TO THE COURT IS AN INHERENT FEATURE OF THE SYSTEM OF MEANS OF REDRESS ESTABLISHED BY THE TREATY AND IS NOT THEREFORE AN ARGUMENT WHICH IS CAPABLE OF JUSTIFYING A BROAD INTERPRETATION OF THE CONDITIONS OF ADMISSIBILITY LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY .
Walter Rau Lebensmittelwerke and others v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1987-05-21
18 IF THE COUNCIL HAD DECIDED, IN THE LIGHT OF THE RESULTS OF THE OPERATION, TO REDUCE THE INTERVENTION PRICE OF BUTTER, THE MARGARINE PRODUCERS WOULD HAVE BEEN UNABLE TO COMPLAIN THAT THEIR FUNDAMENTAL RIGHTS HAD BEEN INFRINGED . AS THE COURT HELD IN ITS JUDGMENT OF 27 SEPTEMBER 1979 IN CASE 230/78 ERIDANIA (( 1979 )) ECR 2749, AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM AN ORGANIZATION OF THE MARKET IN THE FORM IN WHICH IT EXISTED AT A GIVEN TIME . THAT PRINCIPLE ALSO APPLIES TO UNDERTAKINGS WHICH ARE NOT COVERED BY THE ORGANIZATION OF THE MARKET IN QUESTION . SINCE A CHANGE IN THE COUNCIL' S POLICY ON PRICES DOES NOT CONSTITUTE INTERFERENCE WITH THE FUNDAMENTAL RIGHTS RELIED UPON, THE SAME HOLDS TRUE A FORTIORI IN THE CASE OF A DECISION TO CONDUCT A PILOT SCHEME IN ORDER TO ASCERTAIN WHAT THE COUNCIL' S POLICY SHOULD BE . ACCORDINGLY, IT WOULD SERVE NO PURPOSE TO ASCERTAIN WHETHER, AS THE NATIONAL COURT STATES, A DECISION DIRECTING SUCH AN OPERATION TO BE CARRIED OUT HAS THE EFFECT OF FAVOURING BUTTER PRODUCERS .
31 THE VERY NATURE OF THE MATTER MADE IT NECESSARY TO WORD THE ENABLING BASIS IN BROAD TERMS . BEFORE ADOPTING THE MEASURES FOR WHICH IT HAD BEEN GIVEN RESPONSIBILITY, THE COMMISSION FIRST HAD TO DETERMINE WHICH MEASURES WOULD BE LIKELY TO HELP ACHIEVE THE AIMS PURSUED . IN THOSE CIRCUMSTANCES IT WAS IMPOSSIBLE FOR THE COUNCIL TO GIVE A PRECISE DEFINITION OF THOSE MEASURES . MOREOVER, IT MUST BE POINTED OUT THAT IN ITS JUDGMENT OF 30 OCTOBER 1975 IN CASE 23/75 REY SODA (( 1975 )) ECR 1279, THE COURT ACKNOWLEDGED THAT THE IMPLEMENTING POWERS WHICH THE COUNCIL IS ENTITLED TO CONFER ON THE COMMISSION MAY, IN THE SPHERE OF THE COMMON AGRICULTURAL POLICY, INVOLVE WIDE POWERS OF DISCRETION AND ACTION .