Keywords
Summary

Keywords

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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . CUSTOMS DUTIES ON EXPORT - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY, ARTICLE 16 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - INFRINGEMENTS BY MEMBER STATES OF THE PROVISIONS OR OBJECTS OF COMMUNITY REGULATIONS - INADMISSIBILITY

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE - NATIONAL INTERVENTION MECHANISM - INCOMPATIBILITY WITH COMMUNITY LAW - CONSIDERATIONS INVOLVED

( REGULATION NO 234/68 OF THE COUNCIL )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - AGRICULTURAL PRODUCTS - INTERNAL LEVY FALLING MORE HEAVILY ON EXPORT SALES THAN ON SALES ON THE NATIONAL MARKET - PROHIBITION OF DISCRIMINATION WITHIN THE MEANING OF PARAGRAPH 2 OF ARTICLE 40 ( 3 ) AND ARTICLE 95 OF THE EEC TREATY - APPLICATION BY ANALOGY

Summary

1 . WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY, THE COURT CANNOT SETTLE A DIFFERENCE CONCERNING THE ASSESSMENT OF THE FACTS INVOLVED .

2 . AN INTERNAL LEVY MAY HAVE EQUIVALENT EFFECT TO A CUSTOMS DUTY ON EXPORT IF IT FALLS MORE HEAVILY ON EXPORT SALES THAN ON SALES INSIDE THE COUNTRY, OR WHERE THE LEVY IS INTENDED TO FUND ACTIVITIES TENDING TO MAKE THE HOME MARKET MORE PROFITABLE THAN EXPORTS OR IN ANY OTHER WAY TO PLACE THE PRODUCT INTENDED FOR THE HOME MARKET AT AN ADVANTAGE COMPARED WITH THE PRODUCT INTENDED FOR EXPORT .

3 . ONCE THE COMMUNITY HAS, PURSUANT TO ARTICLE 40 OF THE TREATY, LEGISLATED FOR ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR, MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT, HAVING REGARD NOT ONLY TO THE EXPRESS PROVISIONS OF THE LEGISLATION BUT ALSO TO ITS AIMS AND OBJECTS .

4 . A NATIONAL INTERVENTION MECHANISM IS INCOMPATIBLE WITH REGULATION NO 234/68 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE PLANTS IN SO FAR AS PRODUCTS WHICH DO NOT SATISFY COMMUNITY STANDARDS LAID DOWN UNDER THE REGULATION QUALIFY FOR THE INTERVENTION .

5 . AN INTERNAL LEVY ON SALES OF A PRODUCT IS INCOMPATIBLE WITH THE PROHIBITION OF DISCRIMINATION EMBODIED IN THE EEC TREATY WHEN IT FALLS MORE HEAVILY ON EXPORT SALES THAN ON SALES ON THE NATIONAL MARKET OR WHEN THE REVENUE FROM THE LEVY IS DESIGNED TO PLACE NATIONAL PRODUCTS AT AN ADVANTAGE .