Keywords
Summary

Keywords

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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - SUBJECT-MATTER OF THE DISPUTE - DETERMINATION DURING THE PROCEDURE PRIOR TO THE ACTION - CONSIDERATION OF EVENTS WHICH TOOK PLACE AFTER THE DELIVERY OF THE REASONED OPINION - CONDITIONS - FACTS OF THE SAME KIND AND CONSTITUTING THE SAME CONDUCT AS THOSE REFERRED TO ORIGINALLY - OBSERVANCE OF THE RIGHTS OF THE DEFENCE

( EEC TREATY, ART . 169 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - COLLECTION AND COMMUNICATION OF DATA ON THE STRUCTURE AND ACTIVITY OF HATCHERIES - OBLIGATIONS OF THE MEMBER STATES

( REGULATION NO 2782/75 OF THE COUNCIL, ART . 10; COMMISSION REGULATION NO 1868/77, ARTS 4 ( 1 ) AND 6 )

Summary

1 . THE SCOPE OF AN ACTION BROUGHT UNDER ARTICLE 169 OF THE TREATY IS DELIMITED BOTH BY THE PRELIMINARY ADMINISTRATIVE PROCEDURE PROVIDED FOR BY THAT ARTICLE AND BY THE CONCLUSIONS SET OUT IN THE APPLICATION, SINCE THE COMMISSION' S REASONED OPINION AND ITS APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .

HOWEVER, WHERE THE ALLEGED BREACH OF OBLIGATIONS LIES IN A MEMBER STATE' S CONSISTENT DELAYS IN COMMUNICATING INFORMATION WHICH IT IS REQUIRED TO FORWARD TO THE COMMISSION ON A REGULAR BASIS, ANY DELAYS WHICH OCCUR AFTER THE DELIVERY OF THE REASONED OPINION ARE FACTS OF THE SAME KIND AS THOSE TO WHICH THE OPINION REFERRED AND WHICH CONSTITUTE THE SAME CONDUCT; THE SUBJECT-MATTER OF THE DISPUTE MAY THEREFORE ENCOMPASS THOSE DELAYS, IN PARTICULAR WHERE THE MEMBER STATE CONCERNED HAS, IN SUBMITTING ITS DEFENCE, CONCENTRATED ON THE COMMUNICATION OF DATA IN GENERAL, SO THAT THE RIGHTS OF THE DEFENCE ARE NOT IMPAIRED .

2 . THE PERIODS LAID DOWN IN ARTICLE 10 OF REGULATION NO 2782/75 AND ARTICLES 4 ( 1 ) AND 6 OF REGULATION NO 1868/77 FOR THE COMMUNICATION BY THE MEMBER STATES TO THE COMMISSION OF STATISTICAL RETURNS ON THE STRUCTURE AND ACTIVITY OF HATCHERIES ARE MANDATORY BUT THIS DOES NOT PRECLUDE A DEGREE OF FLEXIBILITY WHERE EXCEPTIONAL CIRCUMSTANCES EXIST .

THE NATIONAL AUTHORITIES ARE UNDER AN OBLIGATION TO ENSURE, BY MEANS OF AN APPROPRIATE SYSTEM OF VERIFICATION, THAT THE HATCHERIES FORWARD THE DATA TO THEM IN GOOD TIME SO AS TO ENABLE THE AUTHORITIES THEMSELVES TO PASS ON THE DATA TO THE COMMISSION WITHIN THE PRESCRIBED PERIODS, AND THEY CANNOT THEREFORE PLEAD IN THEIR OWN DEFENCE THE DELAYS CAUSED BY THE HATCHERIES IN ORDER TO JUSTIFY NON-OBSERVANCE OF THE PERIODS PRESCRIBED BY THE AFORESAID PROVISIONS .