Keywords
Summary

Keywords

1 . ACTION FOR DAMAGES - AUTONOMOUS FORM OF ACTION - DIFFERENCE FROM ACTION FOR ANNULMENT

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

2 . ACTION FOR DAMAGES - OBJECTION OF INADMISSIBILITY ON THE GROUND THAT NO ACTION WAS BROUGHT BEFORE THE NATIONAL COURTS

3 . NON-CONTRACTUAL LIABILITY - CONDITIONS - LEGISLATIVE MEASURE - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FIXING OF AGRICULTURAL PRICES - DISCRETIONARY POWERS OF THE COMMUNITY INSTITUTIONS

( EEC TREATY , THIRD SUBPARAGRAPH OF ART . 40 ( 3 ))

5 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - RECONCILIATION THEREOF - OBLIGATIONS OF THE COMMUNITY INSTITUTIONS

( EEC TREATY , ART . 39 )

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 THE EXERCISE OF IT IS SUBJECT TO CONDITIONS IMPOSED IN VIEW OF THE SPECIFIC OBJECTIVE THEREOF . THAT FORM OF ACTION IS DIFFERENT FROM AN ACTION FOR ANNULMENT IN THAT IT DOES NOT SEEK THE CANCELLATION OF A SPECIFIED MEASURE BUT COMPENSATION FOR DAMAGE CAUSED BY THE INSTITUTIONS IN THE EXERCISE OF THEIR FUNCTIONS ; THE CONDITIONS FOR ACTIONS FOR DAMAGES ARE LAID DOWN WITH THAT OBJECTIVE IN MIND AND ACCORDINGLY ARE DIFFERENT FROM THOSE FOR AN ACTION FOR ANNULMENT .

IT FOLLOWS FROM THE FOREGOING THAT , IN ORDER TO BE SUCCESSFUL , ANY PARTY WHO CHOOSES TO PURSUE AN ACTION FOR DAMAGES IS OBLIGED TO ESTABLISH FULFILMENT OF ALL THE CONDITIONS WHICH MUST BE FULFILLED , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY , IF THE LIABILITY OF THE COMMUNITY IS TO BE INCURRED . THE FACT THAT SOME OF THOSE CONDITIONS MAY COINCIDE WITH THOSE APPLICABLE TO AN ACTION FOR ANNULMENT IS NOT THEREFORE A SUFFICIENT REASON TO DESCRIBE AN ACTION BY A PARTY IN RELIANCE UPON ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 AS A MISUSE OF PROCEDURE .

2 . NO OBJECTION OF INADMISSIBILITY MAY BE BASED ON THE APPLICANTS ' FAILURE TO AVAIL THEMSELVES OF A FORM OF ACTION IN THE NATIONAL COURTS WHICH WAS NOT IN FACT OPEN TO THEM .

3 . UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY AND THE GENERAL PRINCIPLES TO WHICH THAT PROVISION REFERS , COMMUNITY LIABILITY DEPENDS ON THE COINCIDENCE OF A SET OF CONDITIONS AS REGARDS THE UNLAWFULNESS OF THE ACTS ALLEGED AGAINST THE INSTITUTIONS , THE FACT OF DAMAGE AND THE EXISTENCE OF A DIRECT LINK IN THE CHAIN OF CAUSALITY BETWEEN THE WRONGFUL ACT AND THE DAMAGE COMPLAINED OF .

SINCE THE MEASURES CONCERNED ARE LEGISLATIVE MEASURES , THE COMMUNITY DOES NOT INCUR LIABILITY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .

4 . IN DETERMINING THEIR POLICY WITH RESPECT TO THE FIXING OF AGRICULTURAL PRICES , THE COMPETENT COMMUNITY INSTITUTIONS ENJOY WIDE DISCRETIONARY POWERS REGARDING NOT ONLY ESTABLISHMENT OF THE FACTUAL BASIS OF THEIR ACTION BUT ALSO DEFINITION OF THE OBJECTIVES TO BE PURSUED , WITHIN THE FRAMEWORK OF THE PROVISIONS OF THE TREATY , AND THE CHOICE OF THE APPROPRIATE MEANS OF ACTION .

THE FACT THAT THE COMMUNITY INSTITUTIONS ADOPTED A POLICY ON AGRICULTURAL PRICE LEVELS FOR A LONG PERIOD DOES NOT CONFER UPON THE TRADERS INVOLVED ANY ENTITLEMENT TO PRESERVATION OF SUCH ADVANTAGES AS THE ESTABLISHED POLICY MAY HAVE ALLOWED THEM ; NOR DOES THAT FACT IMPOSE ANY LIMITATION ON THE FREEDOM OF THE COMMISSION AND THE COUNCIL TO ADJUST THEIR POLICY IN STEP WITH DATA REFLECTING THE EVOLUTION OF THE MARKET AND WITH THE OBJECTIVES PURSUED .

5 . THE COMMUNITY INSTITUTIONS MUST RECONCILE THE VARIOUS OBJECTIVES LAID DOWN BY ARTICLE 39 OF THE EEC TREATY , A FACT WHICH PRECLUDES THE ISOLATION OF ANY ONE OF THOSE OBJECTIVES , SUCH AS THE STABILIZATION OF CERTAIN SITUATIONS WHICH HAVE BECOME ESTABLISHED , IN SUCH A WAY AS TO RENDER IMPOSSIBLE THE REALIZATION OF OTHER OBJECTIVES SUCH AS THE RATIONAL DEVELOPMENT OF AGRICULTURAL PRODUCTION AND SECURITY OF SUPPLIES , ABOVE ALL WHERE THERE IS A SHORTFALL OF THE PRODUCT CONCERNED .