Keywords
Summary

Keywords

1 . COMMON COMMERCIAL POLICY - TRADE WITH NON-MEMBER COUNTRIES - COMMUNITY PROTECTIVE MEASURES - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 110 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - AMENDMENT OF RULES - PRINCIPLE OF PROTECTION OF LEGITIMATE EXPECTATION - APPLICATION - LIMITS

Summary

1 . ARTICLE 110 OF THE EEC TREATY , WHICH STATES THAT MEMBER STATES ' ' AIM TO CONTRIBUTE , IN THE COMMON INTEREST , TO THE HARMONIOUS DEVELOPMENT OF WORLD TRADE , THE PROGRESSIVE ABOLITION OF RESTRICTIONS ON INTERNATIONAL TRADE AND THE LOWERING OF CUSTOMS BARRIERS ' ' , CANNOT BE INTERPRETED AS PROHIBITING THE COMMUNITY FROM ENACTING , UPON PAIN OF COMMITTING AN INFRINGEMENT OF THE TREATY , ANY MEASURE LIABLE TO AFFECT TRADE WITH NON-MEMBER COUNTRIES EVEN WHERE THE ADOPTION OF SUCH A MEASURE IS REQUIRED BY THE RISK OF A SERIOUS DISTURBANCE WHICH MIGHT ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY AND WHERE THE MEASURE IS LEGALLY JUSTIFIED BY THE PROVISIONS OF COMMUNITY LAW .

2 . ALTHOUGH THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION IS ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY , NEVERTHELESS THE FIELD OF APPLICATION OF THIS PRINCIPLE CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE EARLIER RULES IN THE ABSENCE OF OBLIGATIONS ENTERED INTO WITH THE PUBLIC AUTHORITIES . THIS IS PARTICULARLY TRUE IN A FIELD SUCH AS THE COMMON ORGANIZATION OF MARKETS , THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO THE VARIATIONS OF THE ECONOMIC SITUATION IN THE VARIOUS AGRICULTURAL SECTORS .