Keywords
Summary

Keywords

1 . EEC PROCEDURE - NON-CONTRACTUAL LIABILITY - FINDING - IMMINENT AND FORESEEABLE DAMAGE - DAMAGE UNCERTAIN - APPLICATION TO THE COURT - ADMISSIBILITY - SUBSEQUENT CLAIMS OF THE PARTY CONCERNED - NATURE

( EEC TREATY , ARTICLE 215 )

2 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE ACT INVOLVING A CHOICE OF POLICY - DAMAGE - INFRINGEMENT OF A SUPERIOR RULE OF LAW

( EEC TREATY , ARTICLE 215 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - STABILIZATION OF THE MARKET - CONCEPT

( EEC TREATY , ARTICLE 39 )

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - TEMPORARY PRIORITY GIVEN TO SOME OBJECTIVES - LAWFULNESS

( EEC TREATY , ARTICLE 39 )

Summary

1 . ARTICLE 215 OF THE TREATY DOES NOT PREVENT THE COURT FROM BEING ASKED TO DECLARE THE COMMUNITY LIABLE FOR IMMINENT DAMAGE FORESEEABLE WITH SUFFICIENT CERTAINTY EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED . IN THE CIRCUMSTANCES OF THE CASE THE SUBSEQUENT CLAIMS OF THE PARTY CONCERNED THAT THE COMMUNITY BE ORDERED TO PAY THE SPECIFIC AMOUNTS WHICH WERE SUCCESSIVELY AMENDED CANNOT BE REGARDED AS CONSTITUTING AN AMENDMENT OF THE APPLICATION OR AS FRESH ISSUES .

2 . WHERE THE MATTER DEALS WITH A LEGISLATIVE ACT INVOLVING CHOICES OF ECONOMIC POLICY , THERE IS NO LIABILITY ON THE PART OF THE COMMUNITY FOR DAMAGE WHICH INDIVIDUALS MAY HAVE SUFFERED BY REASON OF THIS ACT , BEARING IN MIND THE PROVISIONS OF ARTICLE 215 , SECOND PARAGRAPH , OF THE TREATY , UNLESS THERE IS A SUFFICIENTLY FLAGRANT INFRINGEMENT OF A SUPERIOR RULE OF LAW PROTECTING THE INDIVIDUAL .

3 . THE CONCEPT OF STABILIZATION OF THE MARKETS CANNOT COVER THE MAINTENANCE AT ALL COSTS OF POSITIONS ALREADY ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS .

4 . IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY THE INSTITUTIONS MAY TEMPORARILY GIVE PRIORITY TO SOME OF THE OBJECTIVES OF ARTICLE 39 OVER OTHER OBJECTIVES REFERRED TO THEREIN .