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Document 61974CJ0071

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Keywords
Summary

Keywords

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1 . COMPETITION - AGREEMENTS - AGRICULTURAL PRODUCTS - COMMUNITY RULES - EXCEPTIONS - NON-APPLICATION BY THE COMMISSION - CONSULTATION WITH THE MEMBER STATES WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 26 OF THE COUNCIL - NOT AN OBLIGATION

2 . COMPETITION - AGREEMENTS - PROHIBITION - ASSOCIATIONS OF INTERESTED UNDERTAKINGS - CONDITIONS

( EEC TREATY, ARTICLE 85 ( 1 ))

3 . COMPETITION - AGREEMENTS - ADVERSE EFFECT ON TRADE BETWEEN MEMBER STATES - RESTRICTIVE CLAUSE CONCERNING DIRECT IMPORTATION INTO A MEMBER STATE - PROHIBITION

( EEC TREATY, ARTICLE 85 ( 1 ))

Summary

1 . TO REQUIRE THE COMMISSION TO CONSULT THE MEMBER STATES, EVEN IN CASES WHERE IT IS IN NO DOUBT THAT THE EXCEPTIONS PROVIDED FOR UNDER REGULATION NO 26 ON THE SUBJECT OF AGREEMENTS AFFECTING TRADE IN AGRICULTURAL PRODUCTS CANNOT APPLY, WOULD BE TO OBLIGE THE COMMISSION TO FULFIL UNNECESSARY FORMALITIES AND NEEDLESSLY DELAY ENQUIRIES .

2 . ARTICLE 85 ( 1 ) APPLIES TO ASSOCIATIONS IN SO FAR AS THEIR OWN ACTIVITIES OR THOSE OF THE UNDERTAKINGS BELONGING TO THEM ARE CALCULATED TO PRODUCE THE RESULTS TO WHICH IT REFERS .

3 . A CLAUSE IN AN AGREEMENT RESTRICTING THE FREEDOM OF THE UNDERTAKINGS WHO ARE PARTY TO IT TO IMPORT DIRECT INTO A MEMBER STATE IS LIABLE TO INTERFERE WITH THE NATURAL MOVEMENT OF TRADE AND THUS TO AFFECT TRADE BETWEEN MEMBER COUNTRIES .

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