Keywords
Summary

Keywords

1 . ACTION FOR DAMAGES - IMMINENT AND FORESEEABLE DAMAGE - DECLARATION OF THE COMMUNITY ' S LIABILITY - APPLICATION TO THE COURT - PERMISSIBILITY

( EEC TREATY , ART . 215 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - STOCKS OF SKIMMED-MILK POWDER - MEASURES FOR REDUCING STOCKS - PARTIAL INEFFECTIVENESS - EFFECT ON THE LAWFULNESS OF THE MEASURES - NONE

( EEC TREATY , ART . 39 ( 1 ); COMMISSION REGULATIONS NOS 1753/82 AND 2923/82 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS AND CONSUMERS - GRANT OF SUBSIDIES FOR SKIMMED-MILK POWDER AND NOT FOR WHEY - DIFFERENCE IN TREATMENT OBJECTIVELY JUSTIFIED - ABSENCE OF DISCRIMINATION

( EEC TREATY , ART . 40 ( 3 ), SECOND SUBPARAGRAPH )

4 . NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE - UNLAWFUL OR LAWFUL ACTION - LIABILITY OF THE COMMUNITY - CONDITIONS - ABNORMAL DAMAGE

( EEC TREATY , ART . 215 , SECOND PARAGRAPH )

Summary

1 . ARTICLE 215 OF THE TREATY DOES NOT PREVENT AN APPLICATION FROM BEING MADE TO THE COURT FOR A DECLARATION THAT THE COMMUNITY IS LIABLE FOR IMMINENT DAMAGE WHICH IS FORESEEABLE WITH SUFFICIENT CERTAINTY , EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED .

2 . EVEN IF THE AIM OF RECONCILING THE NEED TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY WITH THAT OF STABILIZING MARKETS , WHICH THE COMMISSION SOUGHT TO ACHIEVE WHEN IT LAID DOWN THE RULES FOR IMPLEMENTING MEASURES FOR REDUCING STOCKS OF SKIMMED-MILK POWDER , IS ONLY PARTIALLY ATTAINED , IT IS NOT POSSIBLE TO CONCLUDE THAT THE LEGISLATION ENACTED BY THE COMMISSION WAS UNLAWFUL VIS-A-VIS ARTICLE 39 OF THE TREATY SINCE THE LEGALITY OF A MEASURE CAN BE ADVERSELY AFFECTED ONLY IF THE MEASURE IS MANIFESTLY UNSUITABLE FOR ACHIEVING THE AIM PURSUED .

3 . AS A SPECIFIC EXPRESSION OF THE GENERAL PRINCIPLE OF EQUALITY , THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY DOES NOT PREVENT COMPARABLE SITUATIONS FROM BEING TREATED DIFFERENTLY IF SUCH DIFFERENCE IN TREATMENT IS OBJECTIVELY JUSTIFIED . CONSEQUENTLY , THE FACT THAT SUBSIDIES ARE GRANTED IN RESPECT OF SKIMMED-MILK POWDER , WHICH PLAYS A PART IN SUPPORTING THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , WHILST THEY ARE NOT PROVIDED FOR IN RESPECT OF WHEY , WHICH IS ONLY A WASTE PRODUCT OF CHEESE-MAKING WHICH MUST BE ELIMINATED , MAY NOT BE REGARDED AS DISCRIMINATION .

4 . AN ACTION FOR DAMAGES BROUGHT UNDER ARTICLE 215 OF THE TREATY FOR UNLAWFUL LEGISLATIVE ACTION CANNOT SUCCEED UNLESS THE DAMAGE ALLEGED BY THE APPLICANT EXCEEDS THE LIMITS OF THE ECONOMIC RISKS INHERENT IN OPERATING IN THE SECTOR CONCERNED . THAT PRINCIPLE WOULD HAVE TO BE APPLIED A FORTIORI IF THE CONCEPT OF LIABILITY WITHOUT FAULT WERE ACCEPTED IN COMMUNITY LAW .