Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - CONCEPT - OBLIGATIONS OF THE MEMBER STATES

( EEC TREATY , ARTICLE 189 )

2 . COMMUNITY LAW

3 . AGRICULTURE - FLOWER BULBS - EXPORT TO THIRD COUNTRIES - MINIMUM PRICES - FIXED BY THE COMMISSION - PRODUCTS LARGER THAN THE MINIMUM SIZE BUT SMALLER THAN THOSE MENTIONED IN THE COMMUNITY RULES - APPLICABILITY

( REGULATION ( EEC ) NO 369/75 )

4 . AGRICULTURE - FLOWER BULBS - EXPORT TO THIRD COUNTRIES - MINIMUM PRICES - APPLICATION BY THE NATIONAL LEGISLATURE TO BULBS OTHER THAN THOSE MENTIONED IN THE COMMUNITY RULES - PERMISSIBLE - CONDITIONS

( REGULATION ( EEC ) NO 369/75 )

5 . COMMUNITY LAW - DIRECT APPLICABILITY - INDIVIDUALS ' FAILURE TO OBSERVE IT - SANCTION NOT LAID DOWN BY A PROVISION - POWERS OF THE MEMBER STATES

Summary

1 . THE DIRECT APPLICATION OF A COM- MUNITY REGULATION MEANS THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT ARE INDEPENDENT OF ANY MEASURE OF RECEPTION INTO NATIONAL LAW .

2 . THE MEMBER STATES MAY NEITHER ADOPT NOR ALLOW NATIONAL ORGANIZATIONS HAVING LEGISLATIVE POWER TO ADOPT ANY MEASURE WHICH WOULD CONCEAL THE COMMUNITY NATURE AND EFFECTS OF ANY LEGAL PROVISION FROM THE PERSONS TO WHOM IT APPLIES . THEY MAY NOT , EITHER DIRECTLY OR THROUGH THE INTERMEDIARY OF ORGANIZATIONS CREATED OR RECOGNIZED BY THEM , ALLOW OR TOLERATE AN EXEMPTION FROM COMMUNITY LAW OR IN ANY WAY AFFECT IT ADVERSELY .

3 . THE LOWEST MINIMUM EXPORT PRICE FIXED FOR THE PRODUCT IN QUESTION BY REGULATION NO 369/75 IS ALSO APPLICABLE TO PRODUCTS WHICH ARE LARGER THAN THE MINIMUM SIZE BUT SMALLER THAN THE SIZES EXPRESSLY LISTED IN THE ANNEX TO THAT REGULATION .

4 . A NATIONAL PROVISION WHICH FIXES MINIMUM PRICES FOR EXPORTS TO THIRD COUNTRIES OF CERTAIN VARIETIES OF BULBS OTHER THAN THOSE FOR WHICH THE COMMISSION HAS FIXED MINIMUM PRICES IN REGULATION NO 369/75 , WHICH DOES NOT CREATE EXEMPTIONS FROM THE COMMUNITY SYSTEM , DOES NOT LIMIT ITS SCOPE AND SEEKS TO ACHIEVE THE SAME AIM , THAT IS , THE STABILIZATION OF PRICES IN TRADE WITH THIRD COUNTRIES , CANNOT BE REGARDED AS INCOMPATIBLE WITH COMMUNITY LAW .

5 . IN THE ABSENCE OF ANY PROVISION IN THE COMMUNITY RULES PROVIDING FOR SPECIFIC SANCTIONS TO BE IMPOSED ON INDIVIDUALS FOR A FAILURE TO OBSERVE THOSE RULES , THE MEMBER STATES ARE COMPETENT TO ADOPT SUCH SANCTIONS AS APPEAR TO THEM TO BE APPROPRIATE .