1 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - PROPORTIONALITY - DUTIES OF INSTITUTIONS - SCOPE
2 . ECSC - PRICES - COMPULSORY MINIMUM PRICES FOR TRANSACTIONS EFFECTED AS FROM A CERTAIN DATE - TRANSACTIONS ' ' EFFECTED ' ' - CONCEPT
( GENERAL DECISION NO 962/77/ECSC , ART . 2 )
3 . ECSC - PRICES - MINIMUM PRICES SYSTEM - PRACTICES LEADING TO ACTUAL PRICES LOWER THAN THE MINIMUM PRICES - NOT PERMISSIBLE
( GENERAL DECISION NO 962/77/ECSC )
1 . ALTHOUGH IN EXERCISING THEIR POWERS THE INSTITUTIONS MUST ENSURE THAT THE BURDENS WHICH COMMERCIAL OPERATORS ARE REQUIRED TO BEAR ARE NO GREATER THAN IS REQUIRED TO ACHIEVE THE AIM WHICH THE AUTHORITIES ARE TO ACCOMPLISH , IT DOES NOT NECESSARILY FOLLOW THAT THAT OBLIGATION MUST BE MEASURED IN RELATION TO THE INDIVIDUAL SITUATION OF ANY ONE PARTICULAR GROUP OF OPERATORS .
2 . A TRANSACTION IS NOT ' ' EFFECTED ' ' WITHIN THE MEANING OF ARTICLE 2 OF DECISION NO 962/77/ECSC , WHICH IS INTENDED TO PROHIBIT ALL TRANSACTIONS BELOW A MINIMUM PRICE FROM 8 MAY 1977 THROUGHOUT THE COMMUNITY , UNTIL THE EXACT PRICE ACTUALLY CHARGED IS FIXED . IF THE PRICE REMAINS UNCERTAIN , BECAUSE THERE IS NO PRICE INDICATED IN THE CONTRACT OR BECAUSE REFERENCE IS MADE TO LIST PRICES ' ' IN FORCE AT THE TIME OF DESPATCH ' ' , THE TRANSACTION CANNOT BE REGARDED AS HAVING BEEN EFFECTED WITHIN THE MEANING OF ARTICLE 2 OF THAT DECISION .
3 . UNDER A SYSTEM OF MINIMUM PRICES SUCH AS THAT LAID DOWN BY GENERAL DECISION NO 962/77/ECSC , TRANSACTIONS WHICH ARE STILL TO BE CONCLUDED OR COMPLETED MUST ALL COMPLY WITH THE REQUIREMENT INHERENT IN THE IMPOSITION OF SUCH PRICES , SO THAT ANY PRACTICE ENTAILING REBATES AND CREDIT NOTES DEVOID OF ANY REAL SUBSTANCE CANNOT BE RELIED ON TO JUSTIFY SALES AT PRICES LOWER THAN THE MINIMUM PRICES IMPOSED . WHATEVER METHOD OF CALCULATION IS USED , THE ACTUAL PRICE , CALCULATED AFTER THE ENTRY INTO FORCE OF THE DECISION , MAY NOT THEREFORE BE LOWER THAN THE MINIMUM PRICES .