Keywords
Summary

Keywords

1 . ACTION FOR ANNULMENT - MEASURE IMPUGNED - ASSESSMENT OF LEGALITY - CRITERIA

( EEC TREATY , ART . 173 )

2 . PROCEDURE IN RESPECT OF THE FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - OBJECTIVE - FINDING OF SUCH FAILURE - DISCONTINUATION OF THE PROCEDURE BY THE COMMISSION - ADMISSION OF THE LEGALITY OF THE CONTESTED CONDUCT - NOT SO

( EEC TREATY , ART . 169 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS - OBJECTIVE - POWERS OF THE COMMISSION - LIMITS

( REGULATION NO 729/70 OF THE COUNCIL , ART . 5 ( 2 ) ( B ))

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AIDS - PAYMENT IN DISREGARD OF THE COMMUNITY RULES - FAILURE TO ADHERE TO THE FORMALITIES RELATING TO PROOF - CONSEQUENCES - ASSUMPTION OF THE FINANCIAL CONSEQUENCES BY THE EAGGF - NOT PERMISSIBLE - SUBSEQUENT RECTIFICATION - EFFECTS

( REGULATION NO 729/70 OF THE COUNCIL , ART . 5 ( 2 ) ( B ))

5 . COMMUNITY LAW - APPLICATION BY THE MEMBER STATES - DISCRIMINATORY UNILATERAL MEASURES - NOT PERMISSIBLE

Summary

1 . IN THE CONTEXT OF AN APPLICATION FOR ANNULMENT UNDER ARTICLE 173 OF THE TREATY THE LEGALITY OF THE CONTESTED MEASURE MUST BE ASSESSED ON THE BASIS OF THE ELEMENTS OF FACT AND OF LAW EXISTING AT THE TIME WHEN THE MEASURE WAS ADOPTED .

2 . THE PROCEDURE UNDER ARTICLE 169 OF THE TREATY FOR FAILURE TO FULFIL OBLIGATIONS IS FOR THE PURPOSE OF OBTAINING A DECLARATION THAT THE CONDUCT OF A MEMBER STATE INFRINGES COMMUNITY LAW AND OF TERMINATING THAT CONDUCT ; THE COMMISSION REMAINS AT LIBERTY , IF THE MEMBER STATE HAS PUT AN END TO THE ALLEGED FAILURE , TO DISCONTINUE THE PROCEEDINGS BUT SUCH DISCONTINUANCE DOES NOT CONSTITUTE RECOGNITION THAT THE CONTESTED CONDUCT IS LAWFUL .

3 . AS COMMUNITY LAW NOW STANDS THE PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS SUBMITTED BY THE MEMBER STATES IN CONNEXION WITH EXPENDITURE FINANCED BY THE EAGGF SERVES TO DETERMINE NOT ONLY THAT THE EXPENDITURE WAS ACTUALLY AND PROPERLY INCURRED BUT ALSO THAT THE FINANCIAL BURDEN OF THE COMMON AGRICULTURAL POLICY IS CORRECTLY APPORTIONED BETWEEN THE MEMBER STATES AND THE COMMUNITY AND IN THIS RESPECT THE COMMISSION HAS NO DISCRETIONARY POWER TO DEROGATE FROM THE RULES REGULATING THE ALLOCATION OF EXPENSES .

4 . IN CASES WHERE THE COMMUNITY RULES RELATING TO THE AGRICULTURAL MARKETS AUTHORIZE PAYMENT OF AN AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF ARE COMPLIED WITH AT THE TIME OF PAYMENT , AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE RELATED EXPENDITURE CANNOT , THEREFORE , IN PRINCIPLE BE CHARGED TO THE EAGGF WHEN THE ACCOUNTS FOR THE FINANCIAL YEAR IN QUESTION ARE DISCHARGED , WITHOUT PREJUDICE TO ANY POSSIBILITY OF THE PART OF THE COMMISSION TO TAKE ACCOUNT , DURING ANOTHER FINANCIAL YEAR , OF THE SUBSEQUENT PRODUCTION OF THE REQUISITE PROOF .

5 . IN APPLYING COMMUNITY RULES THE MEMBER STATES CANNOT UNILATERALLY ADOPT ADDITIONAL MEASURES WHICH ARE SUCH AS TO COMPROMISE THE EQUALITY OF TREATMENT OF TRADERS THROUGHOUT THE COMMUNITY AND THUS TO DISTORT COMPETITIVE CONDITIONS BETWEEN THE MEMBER STATES .