Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - ADOPTION OF PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF PRESERVED MUSHROOMS - REGULATION NO 1102/78 - PURSUIT OF OBJECTIVES OF THE COMMON COMMERCIAL POLICY - PERMISSIBILITY

( EEC TREATY , ART . 39 , ART . 40 ( 3 ), SECOND SUBPARAGRAPH , AND ART . 110 ; COMMISSION REGULATION NO 1102/78 )

2 . EEC - EXTERNAL RELATIONS - PRINCIPLE OF NON-DISCRIMINATION - ABSENCE - RELATIVE DIFFERENCE IN TREATMENT OF COMMUNITY TRADERS - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 40 ( 3 ), SECOND SUBPARAGRAPH )

3 . COMMON COMMERCIAL POLICY - ALTERATION IN COMMERCIAL RELATIONS WITH NON-MEMBER COUNTRIES - MARGIN OF DISCRETION OF COMMUNITY INSTITUTIONS - PROTECTION OF LEGITIMATE EXPECTATION - LIMITS

( EEC TREATY , ART . 113 )

Summary

1 . IN ADOPTING REGULATION NO 1102/78 ADOPTING PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF PRESERVED MUSHROOMS FROM NON-MEMBER COUNTRIES , THE COMMISSION WAS NOT OBLIGED , UNDER ARTICLE 40 ( 3 ) OF THE TREATY , TO LIMIT ITSELF TO PURSUIT OF THE OBJECTIVES SET OUT IN ARTICLE 39 BUT WAS ALSO ENTITLED TO SEEK TO ACHIEVE OBJECTIVES RELATING TO THE EXTERNAL COMMERCIAL POLICY .

2 . THERE EXISTS IN THE TREATY NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO NON-MEMBER COUNTRIES EQUAL TREATMENT IN ALL RESPECTS . IF DIFFERENT TREATMENT OF NON-MEMBER COUNTRIES IS COMPATIBLE WITH COMMUNITY LAW , DIFFERENT TREATMENT ACCORDED TO TRADERS WITHIN THE COMMUNITY MUST ALSO BE REGARDED AS COMPATIBLE WITH COMMUNITY LAW , WHERE THAT DIFFERENT TREATMENT IS MERELY AN AUTOMATIC CONSEQUENCE OF THE DIFFERENT TREATMENT ACCORDED TO NON-MEMBER COUNTRIES WITH WHICH SUCH TRADERS HAVE ENTERED INTO COMMERCIAL RELATIONS .

3 . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR COMMERCIAL POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE INSTITUTIONS WITHIN THE LIMITS OF THEIR DISCRETIONARY POWER WILL BE MAINTAINED .