Keywords
Summary

Keywords

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1. Agriculture ° Common organization of the markets ° Price formation ° National measures ° Incompatible with Community rules

2. Aid granted by States ° Plans to grant or alter aid ° Notification to the Commission ° Obligation ° Non-compliance ° Use of the procedure under Article 169 ° Permissible

(EEC Treaty, Arts 93(3) and 169)

3. Action against a Member State for failure to fulfil obligations ° Reasoned opinion ° Application initiating proceedings ° Identical nature of arguments and submissions

(EEC Treaty, Art. 169)

Summary

1. The common organizations of the markets are based on the concept of an open market to which every producer has free access under genuinely competitive conditions and the functioning of which is regulated solely by the instruments provided for in those organizations. In particular in sectors covered by a common organization of the market, and a fortiori when that organization is based on a common price system, Member States can no longer take action, through national provisions adopted unilaterally, affecting the machinery of price-formation as established under the common organization.

2. The Commission may avail itself of the procedure under Article 169 of the Treaty when it seeks a finding by the Court that a Member State is in breach of Article 93(3) of the Treaty, which obliges Member States to inform the Commission of any plans to grant or alter aid within the meaning of Article 92.

3. An application brought under Article 169 of the EEC Treaty may be based only on the arguments and submissions already set forth in the reasoned opinion.