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):		61983J0059
Název:
Title: 		JUDGMENT OF THE COURT OF 6 DECEMBER 1984. S.A. BIOVILAC B.V. V EUROPEAN ECONOMIC COMMUNITY. NON-CONTRACTUAL LIABILITY OF THE COMMUNITY FOR AN ACT WHICH IS ILLEGAL OR POTENTIALLY LEGAL - SALES OF POWDERED SKIMMED MILK AT A REDUCED PRICE. CASE 59/83.
Publikace:
Publication:		REPORTS OF CASES 1984 PAGES 4057 - 4082
Předmět (klíčová slova):
Keywords		LIABILITY;AGRICULTURE;MILK PRODUCTS;ANIMAL FEEDING STUFFS;
Související předpisy:
Corresponding acts:
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. ARTICLE 215 OF THE TREATY DOES NOT PREVENT AN APPLICATION FROM BEING MADE TO THE COURT FOR A DECLARATION THAT THE COMMUNITY IS LIABLE FOR IMMINENT DAMAGE WHICH IS FORESEEABLE WITH SUFFICIENT CERTAINTY, EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED.

2. EVEN IF THE AIM OF RECONCILING THE NEED TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY WITH THAT OF STABILIZING MARKETS, WHICH THE COMMISSION SOUGHT TO ACHIEVE WHEN IT LAID DOWN THE RULES FOR IMPLEMENTING MEASURES FOR REDUCING STOCKS OF SKIMMED-MILK POWDER, IS ONLY PARTIALLY ATTAINED, IT IS NOT POSSIBLE TO CONCLUDE THAT THE LEGISLATION ENACTED BY THE COMMISSION WAS UNLAWFUL VIS-A-VIS ARTICLE 39 OF THE TREATY SINCE THE LEGALITY OF A MEASURE CAN BE ADVERSELY AFFECTED ONLY IF THE MEASURE IS MANIFESTLY UNSUITABLE FOR ACHIEVING THE AIM PURSUED.

3. AS A SPECIFIC EXPRESSION OF THE GENERAL PRINCIPLE OF EQUALITY, THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 (3) OF THE EEC TREATY DOES NOT PREVENT COMPARABLE SITUATIONS FROM BEING TREATED DIFFERENTLY IF SUCH DIFFERENCE IN TREATMENT IS OBJECTIVELY JUSTIFIED. CONSEQUENTLY, THE FACT THAT SUBSIDIES ARE GRANTED IN RESPECT OF SKIMMED-MILK POWDER, WHICH PLAYS A PART IN SUPPORTING THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS, WHILST THEY ARE NOT PROVIDED FOR IN RESPECT OF WHEY, WHICH IS ONLY A WASTE PRODUCT OF CHEESE-MAKING WHICH MUST BE ELIMINATED, MAY NOT BE REGARDED AS DISCRIMINATION.

4. AN ACTION FOR DAMAGES BROUGHT UNDER ARTICLE 215 OF THE TREATY FOR UNLAWFUL LEGISLATIVE ACTION CANNOT SUCCEED UNLESS THE DAMAGE ALLEGED BY THE APPLICANT EXCEEDS THE LIMITS OF THE ECONOMIC RISKS INHERENT IN OPERATING IN THE SECTOR CONCERNED. THAT PRINCIPLE WOULD HAVE TO BE APPLIED A FORTIORI IF THE CONCEPT OF LIABILITY WITHOUT FAULT WERE ACCEPTED IN COMMUNITY LAW.

Plný text judikátu (Entire text of the Judgment):