Keywords
Summary

Keywords

++++

1 . PROCEDURE - PROCEEDINGS FOR ANNULMENT - PROCEEDINGS INSTITUTED BY NATURAL OR LEGAL PERSONS - DECISIONS OF INDIVIDUAL CONCERN TO THEM - CONCEPT

( EEC TREATY, ARTICLE 173 )

2 . COMMERCIAL POLICY - IMPLEMENTATION INVOLVING DEFLECTION OR TRADE OR ECONOMIC DIFFICULTIES IN A MEMBER STATE - AUTHORIZATION OF PROTECTIVE MEASURES BY THE COMMISSION - DEROGATION FROM PROHIBITION OF QUANTITATIVE RESTRICTIONS - SCOPE - STRICT INTERPRETATION

( EEC TREATY, ARTICLE 115 )

Summary

1 . ( A ) A DECISION IS OF INDIVIDUAL CONCERN TO A PERSON WHEN THE FACTUAL SITUATION CREATED BY THE DECISION DIFFERENTIATES HIM FROM ALL OTHER PERSONS AND DISTINGUISHES HIM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

A TRADER IS THEREFORE INDIVIDUALLY CONCERNED BY A DECISION AUTHORIZING A MEMBER STATE TO REJECT AN APPLICATION FOR AN IMPORT LICENCE MADE BY THE SAID TRADER PRIOR TO THE ADOPTION OF THE DECISION IF THE STATE MAKES USE OF THAT AUTHORIZATION .

( B ) A DECISION OF THE COMMISSION AUTHORIZING A MEMBER STATE TO PREVENT THE IMPORT OF CERTAIN PRODUCTS IS OF DIRECT CONCERN TO A PERSON WHERE, HAVING REQUESTED THE APPROPRIATE AUTHORITIES OF THAT STATE TO GRANT HIM AN IMPORT LICENCE FOR THOSE PRODUCTS, HE IS INFORMED THAT HIS REQUEST IS TO BE REJECTED AS SOON AS THE COMMISSION HAS AUTHORIZED THE STATE TO DO SO AND WHERE THAT AUTHORIZATION HAS BEEN REQUESTED WITH PARTICULAR REFERENCE TO THE APPLICATIONS ALREADY BEFORE THE SAID AUTHORITIES AT THAT TIME .

2 . ( A ) THE AUTHORIZATION CONTAINED IN THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 115 OF THE EEC TREATY MAY IN PARTICULAR CONSTITUTE AN EXCEPTION TO THE PROVISIONS OF ARTICLE 9 OF THE TREATY IN CONJUNCTION WITH THOSE OF ARTICLE 30, WHEREBY THE PROHIBITION OF QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT APPLIS NOT ONLY TO GOODS ORIGINATING IN MEMBER STATES BUT ALSO TO GOODS IN FREE CIRCULATION IN MEMBER STATES WHICH ORIGINATED IN THIRD COUNTRIES .

( B ) BECAUSE THEY CONSTITUTE NOT ONLY AN EXCEPTION TO THE AFOREMENTIONED PROVISIONS, WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET, BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR BY ARTICLE 113, THE DEROGATIONS ALLOWED UNDER ARTICLE 115 MUST BE STRICTLY INTERPRETED AND APPLIED .