Keywords
Summary

Keywords

1 . NON-CONTRACTUAL LIABILITY - CONDITIONS - LEGISLATIVE MEASURE INVOLVING CHOICES OF ECONOMIC POLICY - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW

( EEC TREATY , ART . 215 , SECOND PARA .)

2 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - PURPOSE - EXERCISE OF JUDICIAL POWERS OF REVIEW AS TO LEGALITY - NON-CONTRACTUAL LIABILITY OF THE COMMUNITY BASED ON INADEQUATE STATEMENT OF REASONS - ABSENCE

( EEC TREATY , ART . 173 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MUTTON , LAMB AND GOAT ' S MEAT - VARIABLE SLAUGHTER PREMIUM - EQUIVALENT AMOUNT CHARGED ON EXPORTS TO ANOTHER MEMBER STATE ( ' ' CLAW-BACK ' ' ) - PURPOSE - WHETHER IN THE NATURE OF A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY - NO

( COUNCIL REGULATION ( EEC ) NO 1837/80 , ART . 9 ( 3 ))

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - CONCEPT - INTERVENTION METHODS WHICH DIFFER ACCORDING TO COMMUNITY REGION - NON-DISCRIMINATORY

( EEC TREATY , ART . 40 ( 3 ))

5 . AGRICULTURE - COMMON AGRICULTURAL POLICY - AIMS - STABILIZATION OF MARKETS - CONCEPT

( EEC TREATY , ART . 39 )

Summary

1 . THE COMMUNITY DOES NOT INCUR LIABILITY IN THE CASE OF LEGISLATIVE MEASURES INVOLVING CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF INDIVIDUALS HAS OCCURRED . IN THE CASE OF COMMUNITY LEGISLATIVE MEASURES CHARACTERIZED BY THE EXERCISE OF A WIDE DISCRETION WHICH IS ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE COMMUNITY DOES NOT INCUR LIABILITY OTHERWISE THAN , EXCEPTIONALLY , WHERE THE INSTITUTION HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .

2 . AS FAR AS THE SYSTEM OF LEGAL REMEDIES IS CONCERNED THE REQUIREMENT OF A STATEMENT OF THE REASONS UPON WHICH MEASURES ADOPTED BY THE INSTITUTIONS ARE BASED IS DESIGNED TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW OF THE LEGALITY OF SUCH MEASURES IN THE CONTEXT OF ARTICLE 173 FOR THE BENEFIT OF INDIVIDUALS TO WHOM THAT REMEDY IS MADE AVAILABLE BY THE TREATY . NEVERTHELESS , ANY INADEQUACY IN THE STATEMENT OF THE REASONS UPON WHICH A MEASURE CONTAINED IN A REGULATION IS BASED IS NOT SUFFICIENT TO MAKE THE COMMUNITY LIABLE .

3 . THE CHARGE ON EXPORTS OF SHEEP FROM A MEMBER STATE IN WHICH PRODUCERS ARE PAID THE VARIABLE SLAUGHTER PREMIUM TO A MEMBER STATE IN WHICH THE PREMIUM IS NOT PAID IS INSEPARABLE IN PRINCIPLE FROM THE INTERVENTION SYSTEM WHICH IS MADE UP OF PAYMENT OF THE VARIABLE SLAUGHTER PREMIUM IN COMMUNITY REGIONS WHERE BUYING-IN IS NOT PRACTISED BY THE INTERVENTION AGENCIES . THEREFORE THE CHARGE DOES NOT CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY BUT IS IN REALITY INTENDED TO OFFSET EXACTLY THE EFFECTS OF THE SLAUGHTER PREMIUM , THEREBY ENABLING PRODUCTS FROM THE MEMBER STATES OR REGIONS IN WHICH THE PREMIUM IS PAID TO BE EXPORTED TO OTHER MEMBER STATES WITHOUT DISTURBING THEIR MARKETS .

4 . DIFFERENT TREATMENT IS NOT TO BE REGARDED AS DISCRIMINATION PROHIBITED BY ARTICLE 40 ( 3 ) OF THE TREATY UNLESS IT APPEARS TO BE ARBITRARY , THAT IS TO SAY , IT HAS NO ADEQUATE JUSTIFICATION AND IS NOT BASED ON OBJECTIVE CRITERIA .

IN VIEW OF THE DISCRETION ENJOYED BY THE COUNCIL IN IMPLEMENTING A COMMON ORGANIZATION OF THE MARKETS WHICH IS STILL DEVELOPING , AND TAKING INTO ACCOUNT THE RESPONSIBILITIES ENTRUSTED TO IT BY ARTICLES 39 AND 40 OF THE TREATY IN ORDER TO DETERMINE WHICH METHODS APPEAR TO IT MOST SUITED FOR THE PURPOSE OF ENSURING THE GRADUAL ACHIEVEMENT OF A UNIFORM MARKET , THE FACT THAT INTERVENTION METHODS VARY FROM REGION TO REGION IN THE COMMUNITY , AND THE CONSEQUENCES OF SUCH A VARIATION , DO NOT AMOUNT TO DISCRIMINATION .

5 . ALTHOUGH ARTICLE 39 OF THE TREATY DESIGNATES , IN PARTICULAR , THE STABILIZATION OF MARKETS AS AN OBJECTIVE OF THE COMMON AGRICULTURAL POLICY , THE CONCEPT OF STABILIZATION DOES NOT EXTEND TO THE MAINTENANCE OF POSITIONS ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS .