Keywords
Summary

Keywords

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1 . ACTION FOR DAMAGES - AUTONOMOUS FORM OF ACTION - EXHAUSTION OF MEANS OF REDRESS UNDER NATIONAL LAW - EXCEPTION - IMPOSSIBILITY OF OBTAINING COMPENSATION FOR DAMAGE IN PROCEEDINGS BEFORE A NATIONAL COURT

( EEC TREATY, ART . 178 AND SECOND PARAGRAPH OF ART . 215 )

2 . COMMON COMMERCIAL POLICY - RESTRICTIONS ON EXPORTS - ARRANGEMENT BETWEEN THE COMMUNITY AND THE UNITED STATES OF AMERICA CONCERNING TRADE IN STEEL TUBES AND PIPES - SYSTEM OF EXPORT LICENCES - LICENCES GRANTED ONLY TO PRODUCERS - WHETHER DISCRIMINATION AGAINST DISTRIBUTORS - NO DISCRIMINATION

( COUNCIL REGULATION NO 60/85, ART . 5; COMMISSION REGULATION NO 61/85 )

3 . COMMON COMMERCIAL POLICY - RESTRICTIONS ON EXPORTS - ARRANGEMENT BETWEEN THE COMMUNITY AND THE UNITED STATES OF AMERICA CONCERNING TRADE IN STEEL TUBES AND PIPES - ALLOCATION OF THE TOTAL COMMUNITY EXPORT LIMIT AMONG THE MEMBER STATES - MARGIN OF DISCRETION ENJOYED BY THE COUNCIL

( COUNCIL REGULATION NO 60/85, ANNEX III )

Summary

1 . THE ACTION FOR DAMAGES UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY WAS ESTABLISHED AS AN AUTONOMOUS FORM OF ACTION WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS, AND ITS EXERCISE IS SUBJECT TO CONDITIONS IMPOSED IN VIEW OF THE SPECIFIC OBJECTIVE THEREOF . ALTHOUGH AN ACTION FOR DAMAGES MUST BE APPRAISED WITH REGARD TO THE ENTIRE SYSTEM FOR THE JUDICIAL PROTECTION OF THE INDIVIDUAL AND ALTHOUGH ITS ADMISSIBILITY MAY THUS, IN SOME CASES, BE SUBJECT TO THE PRIOR EXHAUSTION OF THE NATIONAL REMEDIES WHEREBY AN INDIVIDUAL MAY SEEK THE ANNULMENT OF A DECISION OF A NATIONAL AUTHORITY, IT IS NONE THE LESS A NECESSARY PRECONDITION THAT THOSE NATIONAL REMEDIES GIVE EFFECTIVE PROTECTION TO THE INDIVIDUALS CONCERNED AND THAT THEY BE CAPABLE OF LEADING TO COMPENSATION FOR THE DAMAGE ALLEGED . SUCH IS NOT THE CASE WHEN NATIONAL AUTHORITIES, ACTING PURSUANT TO A COMMUNITY REGULATION, REFUSE AN APPLICATION FOR AN EXPORT LICENCE . NEITHER THE ANNULMENT OF THAT REFUSAL BY A NATIONAL COURT NOR A FINDING THAT THE COMMUNITY PROVISIONS IN QUESTION ARE INVALID, WHICH THAT COURT MIGHT MAKE AFTER AVAILING ITSELF OF THE PROCEDURE UNDER ARTICLE 177 OF THE TREATY, COULD HAVE THE EFFECT OF GIVING THE TRADER CONCERNED THE RIGHT TO DEMAND EITHER THE LICENCE OR COMPENSATION FOR ANY DAMAGE WHICH HE MIGHT HAVE SUFFERED .

2 . BY GRANTING EXPORT LICENCES ONLY TO PRODUCERS, THE SYSTEM SET UP BY THE COMMUNITY INSTITUTIONS TO GIVE EFFECT TO THE ARRANGEMENT BETWEEN THE COMMUNITY AND THE UNITED STATES OF AMERICA CONCERNING TRADE IN STEEL PIPES AND TUBES DOES NOT DISCRIMINATE AGAINST THE DISTRIBUTORS OF THOSE PRODUCTS . COMMUNITY PRODUCERS ARE NOT AFFECTED BY THAT ARRANGEMENT, WHICH RELATES SOLELY TO PRODUCTS ORIGINATING IN THE COMMUNITY, IN THE SAME WAY AS DISTRIBUTORS, WHO MAY NOT ONLY MAKE USE OF A LICENCE TRANSFERRED BY A PRODUCER BUT MAY ALSO CONTINUE EXPORTING PRODUCTS WHICH ORIGINATE IN NON-MEMBER COUNTRIES . HOWEVER, IF IT TRANSPIRED THAT THOSE UNDERTAKINGS, AS A CATEGORY OF ECONOMIC OPERATORS, HAD TO BEAR A DISPROPORTIONATE PART OF THE BURDENS RESULTING FROM THE ARRANGEMENT, IT WOULD BE FOR THE COMMUNITY INSTITUTIONS TO PROVIDE A REMEDY BY ADOPTING THE APPROPRIATE MEASURES .

3 . IN DIVIDING AMONG THE MEMBER STATES THE TOTAL COMMUNITY EXPORT LIMIT LAID DOWN BY THE ARRANGEMENT BETWEEN THE COMMUNITY AND THE UNITED STATES OF AMERICA CONCERNING TRADE IN STEEL TUBES AND PIPES, THE COUNCIL ENJOYS A MARGIN OF DISCRETION; THE BURDEN OF PROVING THAT THE COUNCIL EXCEEDED THAT MARGIN IS ON THE PERSON WHO CHALLENGES THE ACTUAL ALLOCATION OF THE LIMIT .