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Document 61984CJ0091

Sumário do acórdão

Keywords
Summary

Keywords

TRANSPORT - ROAD TRANSPORT - SOCIAL PROVISIONS - DEROGATIONS - TRANSPORT OF ANIMALS FROM FARMS TO LOCAL MARKETS - CONCEPT OF ' LOCAL MARKET '

( REGULATION NO 543/69 OF THE COUNCIL , ART . 14A ( 2 ) ( C ), AS AMENDED BY REGULATIONS NOS 515/72 AND 2827/77 )

Summary

ARTICLE 14A ( 2 ) ( C ) OF REGULATION NO 543/69 OF THE COUNCIL OF 25 MARCH 1969 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT , AS AMENDED BY REGULATIONS NOS 515/72 AND 2827/77 , MUST BE INTERPRETED TO THE EFFECT THAT ' LOCAL MARKET ' MUST BE UNDERSTOOD AS MEANING THE MARKET WHICH , HAVING REGARD TO GEOGRAPHICAL CIRCUMSTANCES , IS THE NEAREST TO A PARTICULAR FARM AND AT WHICH IT IS POSSIBLE TO BUY OR SELL , AS THE CASE MAY BE , ACCORDING TO THE NEEDS OF NORMAL , AVERAGE-SIZED FARMS WHICH MAY BE CONSIDERED TYPICAL OF THE AREA IN QUESTION .

THE EXCEPTION IN PARAGRAPH ( 2 ) ( C ) OF ARTICLE 14A CANNOT BE EXTENDED TO TRANSPORT OPERATIONS WHICH , EITHER BECAUSE OF THE UNUSUAL SIZE OF THE FARM CONCERNED OR BECAUSE THE PRODUCTION OF SEVERAL FARMS IS POOLED , NECESSITATE THE USE OF MARKETS FURTHER AWAY THAN THE NEAREST MARKET NORMALLY SERVING FARMS IN THE AREA .

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