Maizena GmbH v Council of the European Communities.
Date: 1980-10-29
23 THE INSTITUTION OF A SYSTEM OF COMPETITION WHICH IS NOT DISTORTED IS NOT THE ONLY OBJECTIVE REFERRED TO IN ARTICLE 3 OF THE TREATY WHICH ALSO PROVIDES IN PARTICULAR FOR THE ADOPTION OF A COMMON AGRICULTURAL POLICY . THOSE RESPONSIBLE FOR THE TREATY , CONSCIOUS THAT THE SIMULTANEOUS PURSUIT OF THOSE TWO OBJECTIVES COULD SOMETIMES AND IN CERTAIN CIRCUMSTANCES PROVE DIFFICULT , PROVIDED IN THE FIRST PARAGRAPH OF ARTICLE 32 THAT :
' ' THE PROVISIONS OF THE CHAPTER RELATING TO RULES ON COMPETITION SHALL APPLY TO PRODUCTION OF AND TRADE IN AGRICULTURAL PRODUCTS ONLY TO THE EXTENT DETERMINED BY THE COUNCIL WITHIN THE FRAMEWORK OF ARTICLE 43 ( 2 ) AND ( 3 ) AND IN ACCORDANCE WITH THE PROCEDURE LAID DOWN THEREIN , ACCOUNT BEING TAKEN OF THE OBJECTIVES SET OUT IN ARTICLE 39 . ' '
THAT SIMULTANEOUSLY RECOGNIZES THE PRECEDENCE THE AGRICULTURAL POLICY HAS OVER THE AIMS OF THE TREATY IN RELATION TO COMPETITION AND THE POWER OF THE COUNCIL TO DECIDE HOW FAR THE RULES ON COMPETITION SHOULD APPLY TO THE AGRICULTURAL SECTOR . THE COUNCIL HAS A WIDE DISCRETION IN THE EXERCISE OF THAT POWER AS IT HAS IN THE IMPLEMENTATION OF THE WHOLE AGRICULTURAL POLICY .
34 THE CONSULTATION PROVIDED FOR IN THE THIRD SUBPARAGRAPH OF ARTICLE 43 ( 2 ), AS IN OTHER SIMILAR PROVISIONS OF THE TREATY , IS THE MEANS WHICH ALLOWS THE PARLIAMENT TO PLAY AN ACTUAL PART IN THE LEGISLATIVE PROCESS OF THE COMMUNITY . SUCH POWER REPRESENTS AN ESSENTIAL FACTOR IN THE INSTITUTIONAL BALANCE INTENDED BY THE TREATY . ALTHOUGH LIMITED , IT REFLECTS AT COMMUNITY LEVEL THE FUNDAMENTAL DEMOCRATIC PRINCIPLE THAT THE PEOPLES SHOULD TAKE PART IN THE EXERCISE OF POWER THROUGH THE INTERMEDIARY OF A REPRESENTATIVE ASSEMBLY . DUE CONSULTATION OF THE PARLIAMENT IN THE CASES PROVIDED FOR BY THE TREATY THEREFORE CONSTITUTES AN ESSENTIAL FORMALITY DISREGARD OF WHICH MEANS THAT THE MEASURE CONCERNED IS VOID .
35 IN THAT RESPECT IT IS PERTINTENT TO POINT OUT THAT OBSERVANCE OF THAT REQUIREMENT IMPLIES THAT THE PARLIAMENT HAS EXPRESSED ITS OPINION . IT IS IMPOSSIBLE TO TAKE THE VIEW THAT THE REQUIREMENT IS SATISFIED BY THE COUNCIL ' S SIMPLY ASKING FOR THE OPINION . THE COUNCIL IS , THEREFORE , WRONG TO INCLUDE IN THE REFERENCE IN THE PREAMBLE TO REGULATION NO 1293/79 A STATEMENT TO THE EFFECT THAT THE PARLIAMENT HAS BEEN CONSULTED .
37 WITHOUT PREJUDICE TO THE QUESTIONS OF PRINCIPLE RAISED BY THAT ARGUMENT OF THE COUNCIL IT SUFFICES TO OBSERVE THAT IN THE PRESENT CASE ON 25 JUNE 1979 WHEN THE COUNCIL ADOPTED REGULATION NO 1293/79 AMENDING REGULATION NO 1111/77 WITHOUT THE OPINION OF THE ASSEMBLY THE COUNCIL HAD NOT EXHAUSTED ALL THE POSSIBILITIES OF OBTAINING THE PRELIMINARY OPINION OF THE PARLIAMENT . IN THE FIRST PLACE THE COUNCIL DID NOT REQUEST THE APPLICATION OF THE EMERGENCY PROCEDURE PROVIDED FOR BY THE INTERNAL REGULATION OF THE PARLIAMENT ALTHOUGH IN OTHER SECTORS AND AS REGARDS OTHER DRAFT REGULATIONS IT AVAILED ITSELF OF THAT POWER AT THE SAME TIME . FURTHER THE COUNCIL COULD HAVE MADE USE OF THE POSSIBILITY IT HAD UNDER ARTICLE 139 OF THE TREATY TO ASK FOR AN EXTRAORDINARY SESSION OF THE ASSEMBLY ESPECIALLY AS THE BUREAU OF THE PARLIAMENT ON 1 MARCH AND 10 MAY 1979 DREW ITS ATTENTION TO THAT POSSIBILITY .