Keywords
Summary

Keywords

1 . APPLICATION FOR A DECLARATION OF NULLITY - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - ADMISSIBILITY

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COUNCIL REGULATION NO 1111/77 , ART . 9 ( AS AMENDED BY REGULATION NO 1293/79 ) AND ANNEX II )

2 . PROCEDURE - INTERVENTION - RIGHT WHICH ALL INSTITUTIONS OF THE COMMUNITY HAVE - CONDITIONS FOR ITS EXERCISE - INTEREST IN TAKING PROCEEDINGS - UNNECESSARY CONDITION

( STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 37 , FIRST PARAGRAPH )

3 . AGRICULTURE - RULES ON COMPETITION - CONDITIONS OF APPLICATION - DISCRETION OF THE COUNCIL

( EEC TREATY , ART . 42 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - CONCEPT

( EEC TREATY , ART . 40 ( 3 ))

5 . MEASURES ADOPTED BY THE INSTITUTIONS - PROCEDURE FOR WORKING THEM OUT - DUE CONSULTATION OF THE PARLIAMENT - ESSENTIAL FORMALITY - SCOPE

( EEC TREATY , ART . 43 ( 2 ), THIRD SUBPARAGRAPH , AND ART . 173 )

Summary

1 . SINCE ARTICLE 9 ( 4 ) OF REGULATION NO 1111/77 ( AS AMENDED BY ARTICLE 3 OF REGULATION NO 1293/79 ), ITSELF APPLIES THE CRITERIA LAID DOWN IN ARTICLE 9 ( 1 ) TO ( 3 ) TO EACH OF THE UNDERTAKINGS SET OUT IN ANNEX II TO THE SAID REGULATION , THE LATTER ARE THE ADDRESSEES AND ARE THUS DIRECTLY AND INDIVIDUALLY CONCERNED .

2 . THE FIRST PARAGRAPH OF ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE PROVIDES THAT ALL THE INSTITUTIONS OF THE COMMUNITY HAVE THE SAME RIGHT TO INTERVENE . IT IS NOT POSSIBLE TO RESTRICT THE EXERCISE OF THAT RIGHT BY ANY ONE OF THEM WITHOUT ADVERSELY AFFECTING ITS INSTITUTIONAL POSITION AS INTENDED BY THE TREATY AND IN PARTICULAR ARTICLE 4 ( 1 ).

THE RIGHT TO INTERVENE WHICH THE INSTITUTIONS HAVE IS NOT SUBJECT TO THE CONDITION THAT THEY HAVE AN INTEREST IN TAKING PROCEEDINGS .

3 . IN THE EXERCISE OF THE POWER CONFERRED ON IT BY THE FIRST PARAGRAPH OF ARTICLE 42 OF THE EEC TREATY TO DETERMINE TO WHAT EXTENT THE RULES ON COMPETITION ARE TO BE APPLIED IN THE AGRICULTURAL SECTOR , AS IN ALL IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY THE COUNCIL HAS A WIDE MEASURE OF DISCRETION .

4 . DIFFERENT TREATMENT OF INDUSTRIES WHICH IS TO BE EXPLAINED BY OBJECTIVE DIFFERENCES BETWEEN THE SITUATIONS OF THOSE INDUSTRIES CANNOT CONSTITUTE DISCRIMINATION WITHIN THE MEANING OF ARTICLE 40 ( 3 ) OF THE EEC TREATY .

NOR IS THERE DISCRIMINATION WITHIN THE MEANING OF THAT PROVISION WHEN IN ADOPTING MEASURES OF GENERAL INTEREST THE COUNCIL DOES NOT TAKE ACCOUNT OF THE DIFFERENT SITUATIONS BETWEEN THOSE INDUSTRIES DUE TO THEIR COMMERCIAL CHOICES AND INTERNAL POLICY .

5 . THE CONSULTATION PROVIDED FOR IN THE THIRD SUBPARAGRAPH OF ARTICLE 43 ( 2 ) AS IN OTHER SIMILAR PROVISIONS OF THE EEC TREATY , IS THE MEANS WHICH ALLOWS THE PARLIAMENT TO PLAY AN ACTUAL PART IN THE LEGISLATIVE PROCESS OF THE COMMUNITY . SUCH POWER REPRESENTS AN ESSENTIAL FACTOR IN THE INSTITUTIONAL BALANCE INTENDED BY THE TREATY . ALTHOUGH LIMITED , IT REFLECTS , AT COMMUNITY LEVEL , THE FUNDAMENTAL DEMOCRATIC PRINCIPLE THAT THE PEOPLES SHOULD TAKE PART IN THE EXERCISE OF POWER THROUGH THE INTERMEDIARY OF A REPRESENTATIVE ASSEMBLY .

DUE CONSULTATION OF THE PARLIAMENT IN THE CASES PROVIDED FOR BY THE TREATY THEREFORE CONSTITUTES AN ESSENTIAL FORMALITY DISREGARD OF WHICH MEANS THAT THE MEASURE CONCERNED IS VOID . OBSERVANCE OF THAT REQUIREMENT IMPLIES THAT THE PARLIAMENT HAS EXPRESSED ITS OPINION . IT IS IMPOSSIBLE TO TAKE THE VIEW THAT THE REQUIREMENT IS SATISFIED BY THE COUNCIL ' S SIMPLY ASKING FOR THE OPINION , IF NO OPINION IS AFTERWARDS GIVEN BY THE PARLIAMENT .