Keywords
Summary

Keywords

1 . PROCEDURE - APPLICATION ORIGINATING PROCEEDINGS - SUBJECT-MATTER OF DISPUTE - ALTERATION DURING PRODEEDINGS - PROHIBITION

( RULES OF PROCEDURE , ART . 38 )

2 . ACCESSION TO COMMUNITIES OF NEW MEMBER STATES - ACT OF ACCESSION - AGRICULTURE - PROVISIONS ON ABOLITION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE - DEROGATION IN ARTICLE 60 ( 2 ) - TEMPORAL APPLICATION

( ACT OF ACCESSION , ART . 60 ( 2 ))

3 . AGRICULTURE - NATIONAL ORGANIZATION OF THE MARKET - TRANSITIONAL PERIOD - EXPIRATION - PROVISIONS ON ABOLITION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE - FULL EFFECT - PROHIBITION

4 . MEMBER STATES - DUTIES - UNILATERAL ACTION - PROHIBITION

Summary

1 . UNDER ARTICLE 38 ( 1 ) OF THE RULES OF PROCEDURE THE PARTIES ARE REQUIRED TO STATE THE SUBJECT-MATTER OF THE DISPUTE IN THE DOCUMENT ORIGINATING THE PROCEEDINGS . IT FOLLOWS THAT EVEN THOUGH ARTICLE 42 OF THE RULES OF PROCEDURE ALLOWS FRESH ISSUES TO BE RAISED IN CERTAIN CIRCUMSTANCES A PARTY MAY NOT ALTER THE ACTUAL SUBJECT-MATTER OF THE DISPUTE DURING THE PROCEEDINGS .

2 . ARTICLE 60 ( 2 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES CEASED TO HAVE EFFECT AT THE END OF 1977 .

3 . AFTER THE EXPIRATION OF THE TRANSITIONAL PERIOD OF THE EEC TREATY , AND , AS FAR AS THE NEW MEMBER STATES ARE CONCERNED , AFTER THE EXPIRATION OF THE TIME-LIMITS FOR THE TRANSITION SPECIFICALLY PROVIDED FOR IN THE ACT OF ACCESSION , A NATIONAL ORGANIZATION OF THE MARKET MUST NO LONGER OPERATE IN SUCH A WAY AS TO PREVENT THE TREATY PROVISIONS RELATING TO THE ELIMINATION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE FROM HAVING FULL FORCE AND EFFECT . THE EXPIRATION OF THE TIME-LIMITS FOR THE TRANSITION IMPLIES THEREFORE THAT THOSE MATTERS AND SECTORS SPECIFICALLY ASSIGNED TO THE COMMUNITY ARE THE RESPONSIBILITY OF THE COMMUNITY SO THAT , ALTHOUGH IT IS STILL NECESSARY TO TAKE SPECIAL MEASURES , A DECISION TO ADOPT THEM CAN NO LONGER BE MADE UNILATERALLY BY THE MEMBER STATES CONCERNED ; THEY MUST BE ADOPTED WITHIN THE COMMUNITY SYSTEM WHICH IS DESIGNED TO GUARANTEE THAT THE GENERAL PUBLIC INTEREST OF THE COMMUNITY IS PROTECTED .

THE FACT THAT AFTER THE EXPIRATION OF THE PERIODS REFERRED TO ABOVE THE COMMUNITY HAS NOT YET ADOPTED MEASURES INTENDED TO REGULATE THE MARKET IN AN AGRICULTURAL PRODUCT IS NOT A SUFFICIENT JUSTIFICATION FOR THE MAINTENANCE BY A MEMBER STATE OF A NATIONAL ORGANIZATION OF THE MARKET WHICH INCLUDES FEATURES WHICH ARE INCOMPATIBLE WITH THE REQUIREMENTS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS .

4 . A MEMBER STATE CANNOT UNDER ANY CIRCUMSTANCES UNILATERALLY ADOPT , ON ITS OWN AUTHORITY , CORRECTIVE MEASURES OR MEASURES TO PROTECT TRADE DESIGNED TO PREVENT ANY FAILURE ON THE PART OF ANOTHER MEMBER STATE TO COMPLY WITH THE RULES LAID DOWN BY THE TREATY .