Keywords
Summary

Keywords

1 . ANNULMENT OF MEASURES - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION AUTHORIZING A MEMBER STATE TO TAKE PROTECTIVE MEASURES - DECISION LIKELY TO BE OF DIRECT AND INDIVIDUAL CONCERN TO CERTAIN EXPORTERS BY REASON OF CONTRACTS PREVIOUSLY ENTERED INTO

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 )

2 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - FREE MOVEMENT OF GOODS - DEROGATIONS - STRICT INTERPRETATION - OBLIGATIONS OF THE COMMISSION

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 )

3 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - PROTECTIVE MEASURES - DISCRETION OF THE COMMISSION

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 )

Summary

1 . A COMMISSION DECISION UNDER ARTICLE 130 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC ADDRESSED TO A MEMBER STATE AND AUTHORIZING IT TO IMPOSE A SYSTEM OF QUOTAS ON IMPORTS FROM GREECE MAY BE OF DIRECT CONCERN TO GREEK EXPORTERS WHERE THERE CAN BE NO DOUBT AS TO THE INTENTION OF THE AUTHORITIES OF THE MEMBER STATE GRANTED THE AUTHORIZATION TO AVAIL THEMSELVES OF IT .

THOSE EXPORTERS WHO , AT THE TIME WHEN THE DECISION WAS ADOPTED , WERE PARTY TO CONTRACTS FOR THE SALE OF THE PRODUCT IN QUESTION TO THE MEMBER STATE GRANTED THE AUTHORIZATION , TO BE PERFORMED DURING ITS PERIOD OF APPLICATION , MAY BE REGARDED AS INDIVIDUALLY CONCERNED , AS MEMBERS OF A LIMITED GROUP OF TRADERS IDENTIFIED OR IDENTIFIABLE BY THE COMMISSION , HAVING REGARD TO THE REQUIREMENTS IN RELATION TO PRELIMINARY ENQUIRIES OF ARTICLE 130 ( 3 ), AND PARTICULARLY AFFECTED BY THE DECISION AT ISSUE .

2 . A PROVISION SUCH AS ARTICLE 130 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC WHICH PERMITS THE AUTHORIZATION OF PROTECTIVE MEASURES WITH REGARD TO A MEMBER STATE WHICH DEROGATE , EVEN TEMPORARILY AND IN RESPECT OF CERTAIN PRODUCTS ONLY , FROM THE RULES RELATING TO THE FREE MOVEMENT OF GOODS MUST , LIKE ANY PROVISION OF THAT NATURE , BE INTERPRETED STRICTLY .

IN ORDER TO ASCERTAIN WHETHER THE MEASURE WHOSE AUTHORIZATION IS BEING CONSIDERED MEETS THE CONDITIONS LAID DOWN IN ARTICLE 130 ( 3 ) THE COMMISSION MUST ALSO TAKE INTO ACCOUNT THE SITUATION IN THE MEMBER STATE WITH REGARD TO WHICH THE PROTECTIVE MEASURE IS REQUESTED , AND MUST IN PARTICULAR , IN SO FAR AS THE CIRCUMSTANCES OF THE CASE PERMIT , INQUIRE INTO THE NEGATIVE EFFECTS WHICH ITS DECISION MIGHT HAVE ON THE ECONOMY OF THAT MEMBER STATE AS WELL AS ON THE UNDERTAKINGS CONCERNED .

3 . IN THE APPLICATION OF ARTICLE 130 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC THE COMMISSION HAS A WIDE DISCRETION IN DETERMINING WHETHER THE CONDITIONS JUSTIFYING THE ADOPTION OF A PROTECTIVE MEASURE ARE PRESENT . ALTHOUGH THAT ARTICLE LAYS DOWN TWO DISTINCT CONDITIONS UNDER WHICH THE COMMISSION MAY AUTHORIZE A PROTECTIVE MEASURE REQUESTED BY A MEMBER STATE , IT IS QUITE ENTITLED TO TAKE INTO ACCOUNT IN A GENERAL MANNER FACTORS RELATING TO ONE OR THE OTHER OF THOSE CONDITIONS IN ORDER TO ARRIVE AT THE CONCLUSION THAT THE REQUEST IS JUSTIFIED .