Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61976J0003
Název:
Title: 		JUDGMENT OF THE COURT OF 14 JULY 1976. CORNELIS KRAMER AND OTHERS. PRELIMINARY RULING REQUESTED BY THE ARRONDISSEMENTSRECHTSBANKEN OF ZWOLLE AND ALKMAAR. BIOLOGICAL RESOURCES OF THE SEA. JOINED CASES 3, 4 AND 6-76.
Publikace:
Publication:		REPORTS OF CASES 1976 PAGES 1279 - 1316
Předmět (klíčová slova):
Keywords		AGRICULTURE;FISHERIES POLICY;EXTERNAL RELATIONS;FREE MOVEMENT OF GOODS;QUANTITATIVE RESTRICTIONS;MEASURES HAVING EQUIVALENT EFFECT;ACCESSION;
Související předpisy:
Corresponding acts:		370R2141;370R2142;157E030
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. ARTICLE 210 OF THE EEC TREATY MEANS THAT IN ITS EXTERNAL RELATIONS THE COMMUNITY ENJOYS THE CAPACITY TO ENTER INTO INTERNATIONAL COMMITMENTS OVER THE WHOLE FIELD OF OBJECTIVES DEFINED IN PART ONE OF THE TREATY. SUCH AUTHORITY ARISES NOT ONLY FROM AN EXPRESS CONFERMENT BY THE TREATY, BUT MAY EQUALLY FLOW IMPLICITLY FROM OTHER PROVISIONS OF THE TREATY, FROM THE ACT OF ACCESSION AND FROM MEASURES ADOPTED, WITHIN THE FRAMEWORK OF THOSE PROVISIONS, BY THE COMMUNITY INSTITUTIONS.

2. IT FOLLOWS FROM THE VERY DUTIES AND POWERS WHICH COMMUNITY LAW HAS ESTABLISHED AND ASSIGNED TO THE INSTITUTIONS OF THE COMMUNITY ON THE INTERNAL LEVEL THAT THE COMMUNITY HAS AUTHORITY TO TAKE ANY MEASURES FOR THE CONSERVATION OF THE DIFFERENT MEMBER STATES. THE RULE-MAKING AUTHORITY OF THE COMMUNITY RATIONE MATERIALE ALSO EXTENDS - IN SO FAR AS THE MEMBER STATES HAVE SIMILAR AUTHORITY UNDER PUBLIC INTERNATIONAL LAW - TO FISHING ON THE HIGH SEAS.

3. MEMBER STATES PARTICIPATING IN THE NORTH-EAST ATLANTIC FISHERIES CON- VENTION AND IN OTHER SIMILAR AGREEMENTS ARE NOW NOT ONLY UNDER A DUTY NOT TO ENTER INTO ANY COMMITMENT WITHIN THE FRAMEWORK OF THOSE CONVENTIONS WHICH COULD HINDER THE COMMUNITY IN CARRYING OUT THE TASKS ENTRUSTED TO IT BY ARTICLE 102 OF THE ACT OF ACCESSION, BUT ALSO UNDER A DUTY TO PROCEED BY COMMON ACTION WITHIN THE FISHERIES COMMISSION. FURTHER, AS SOON AS THE COMMUNITY INSTITUTIONS HAVE INITIATED THE PROCEDURE FOR IMPLEMENTING THE PROVISIONS OF THE SAID ARTICLE 102, AND AT THE LATEST WITHIN THE PERIOD LAID DOWN BY THAT ARTICLE, THOSE INSTITUTIONS AND THE MEMBER STATES WILL BE UNDER A DUTY TO USE ALL THE POLITICAL AND LEGAL MEANS AT THEIR DISPOSAL IN ORDER TO ENSURE THE PARTICIPATION OF THE COMMUNITY IN THE CONVENTION AND IN OTHER SIMILAR AGREEMENTS.

4. A MEMBER STATE DOES NOT JEOPARDIZE THE OBJECTIVES OR THE PROPER FUNCTIONING OF THE SYSTEM ESTABLISHED BY REGULATIONS NOS 2141/70 AND 2142/70, RESPECTIVELY LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY AND ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS, IF IT ADOPTS MEASURES INVOLVING A LIMITATION OF FISHING ACTIVITIES WITH A VIEW TO CONSERVING THE RESOURCES OF THE SEA. NEITHER DO SUCH MEASURES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON INTRA-COMMUNITY TRADE WHICH ARE PROHIBITED UNDER ARTICLE 30 ET SEQ. OF THE TREATY.

Plný text judikátu (Entire text of the Judgment):