Keywords
Summary

Keywords

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1 . MEMBER STATES OF THE EEC - OBLIGATIONS - FAILURE TO FULFIL - COMMISSION - FINDING - REASONED OPINION - DECISION - TERMINATION OF SUCH FAILURE - MEANS - MEASURES OF INTERNAL LAW - SPECIFICATION BY THE COMMISSION - ACTION - ADMISSIBILITY

( EEC TREATY, ARTICLE 169 AND 93 ( 2 ))

2 . MEMBER STATES OF THE EEC - AID GRANTED BY STATES OR THROUGH STATE RESOURCES - SYSTEMS OF AID EXISTING - REVIEW BY THE COMMISSION - COMMUNICATION TO PERSONS CONCERNED FOR THEIR COMMENTS - EFFECTS

( EEC TREATY, ARTICLE 93 ( 2 ))

3 . MEMBER STATES OF THE EEC - AID GRANTED BY STATES OR THROUGH STATE RESOURCES - SYSTEMS OF AID EXISTING - ABOLITION OR ALTERATION - COMMISSION - DECISION - ASPECTS OF AID INCOMPATIBLE WITH THE TREATY - INDISPENSABLE INDICATIONS FOR THE EFFICACY OF THE DECISION

( EEC TREATY, ARTICLE 93 ( 2 ))

Summary

1 . SINCE THE AIM OF THE TREATY IS TO ACHIEVE THE PRACTICAL ELIMINATION OF INFRINGEMENTS AND THE CONSEQUENCES THEREOF, PAST AND FUTURE, IT IS A MATTER FOR THE COMMUNITY AUTHORITIES CHARGED WITH ENSURING THAT THE REQUIREMENTS OF THE TREATY ARE OBSERVED, TO DETERMINE THE EXTENT TO WHICH THE OBLIGATION OF THE MEMBER STATE CONCERNED IS SPECIFIED IN REASONED OPINIONS OR DECISIONS DELIVERED UNDER ARTICLES 169 AND 93 ( 2 ) RESPECTIVELY AND IN APPLICATIONS ADDRESSED TO THE COURT . AN APPLICATION FROM THE COMMISSION, FOR A DECLARATION THAT IN OMITTING TO TAKE SPECIFIC MEASURES, A MEMBER STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY, IS ADMISSIBLE .

2 . THE COMMUNICATION PROVIDED FOR IN THE FIRST SENTENCE OF ARTICLE 93 ( 2 ) AIMS SOLELY TO OBTAIN FROM PERSONS CONCERNED ALL INFORMATION REQUIRED FOR THE GUIDANCE OF THE COMMISSION WITH REGARD TO ITS FUTURE ACTION AND DOES NOT AFFECT THE RIGHTS OF INDIVIDUALS WITH REGARD TO THE LEGAL PROVISIONS INSTITUTING OR EXTENDING AN AID GRANTED BY A STATE THROUGH STATE RESOURCES .

3 . BY CONTRAST WITH ARTICLE 93 ( 3 ) WHICH INVOLVES THE POWER OF THE COMMISSION TO TAKE IMMEDIATE INTERIM MEASURES, WHERE NECESSARY, DECISIONS TAKEN UNDER ARTICLE 93 ( 2 ) ONLY TAKE FULL EFFECT ON CONDITION THAT THE COMMISSION INDICATES TO THE MEMBER STATE CONCERNED THE ASPECTS OF THE AID REGARDED AS INCOMPATIBLE WITH THE TREATY AND THEREFORE SUBJECT TO ABOLITION OR ALTERATION .