Keywords
Summary

Keywords

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1 . PRELIMINARY RULING - OBJECT - VALIDITY OF A MEASURE ADOPTED BY A COMMUNITY INSTITUTION - JURISDICTION OF THE COURT

( EEC TREATY, ARTICLE 177 )

2 . MEASURES ADOPTED BY AN INSTITUTION - STATEMENT OF REASONS - GENERAL PRINCIPLES

( EEC TREATY, ARTICLE 190 )

3 . MEASURES ADOPTED BY AN INSTITUTION - STATEMENT OF REASONS - SERIES OF DECISIONS - REFERENCE TO SUBSISTING REASONS GIVEN IN THE ORIGINAL DECISION - PERMISSIBILITY

( EEC TREATY, ARTICLE 190 )

4 . AGRICULTURE - CEREALS - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS HARVESTED IN AN EXPORTING MEMBER STATE - PRODUCTS IN FREE CIRCULATION IN THAT COUNTRY - NO DISTINCTION

( REGULATION NO 19 OF THE COUNCIL, ARTICLES 2 AND 3 )

Summary

1 . IF IT APPEARS THAT THE REAL PURPOSE OF THE QUESTIONS SUBMITTED BY A NATIONAL COURT IS CONCERNED RATHER WITH THE VALIDITY OF COMMUNITY MEASURES THAN WITH THEIR INTERPRETATION, IT IS APPROPRIATE FOR THE COURT TO INFORM THE NATIONAL COURT AT ONCE OF ITS VIEW WITHOUT COMPELLING THE NATIONAL COURT TO COMPLY WITH PURELY FORMAL REQUIREMENTS WHICH WOULD USELESSLY PROLONG THE PROCEDURE UNDER ARTICLE 177 AND WOULD BE CONTRARY TO ITS VERY NATURE .

2 . THE DEGREE OF PRECISION OF A STATEMENT OF REASONS IN A MEASURE MUST BE WEIGHED AGAINST PRACTICAL REALITIES AND THE TIME AND TECHNICAL FACILITIES AVAILABLE FOR MAKING IT . IF NECESSARY THE ADMINISTRATION IS ENTITLED TO CONFINE ITSELF TO SETTING OUT IN A GENERAL FORM THE ESSENTIAL FACTORS AND THE PROCEDURE WHICH FORMED THE BACKGROUND TO ITS EVALUATION OF THE FACTS WITHOUT ITS BEING NECESSARY TO SPECIFY THE FACTS THEMSELVES .

3 . WHERE THERE IS A SUCCESSION OF DECISIONS ON THE SAME SUBJECT, THE STATEMENT OF REASONS MAY VALIDLY CONSIST OF A REFERENCE TO THE SUBSISTING GENERAL CONSIDERATIONS SET OUT IN THE ORIGINAL DECISION .

4 . IT WAS NOT THE INTENTION IN REGULATION NO 19 TO DISTINGUISH BETWEEN PRODUCTS HARVESTED IN THE EXPORTING MEMBER STATE AND THOSE IN FREE CIRCULATION WITHIN IT .