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):		61976J0083
Název:
Title: 		JUDGMENT OF THE COURT OF 25 MAY 1978. BAYERISCHE HNL VERMEHRUNGSBETRIEBE GMBH AND CO. KG AND OTHERS V COUNCIL AND COMMISSION OF THE EUROPEAN COMMUNITIES. SKIMMED-MILK POWDER - LIABILITY. JOINED CASES 83 AND 94-76, 4, 15 AND 40-77.
Publikace:
Publication:		REPORTS OF CASES 1978 PAGES 1209 - 1226
Předmět (klíčová slova):
Keywords		AGRICULTURE;MILK PRODUCTS;LIABILITY;
Související předpisy:
Corresponding acts:
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
THE COMMUNITY DOES NOT INCUR NON- CONTRACTUAL LIABILITY FOR DAMAGE CAUSED TO INDIVIDUALS THROUGH THE EFFECTS OF A LEGISLATIVE MEASURE WHICH INVOLVES CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED. THEREFORE THE FINDING THAT A LEGISLATIVE MEASURE IS NULL AND VOID IS INSUFFICIENT BY ITSELF FOR THE COMMUNITY TO INCUR LIABILITY. INDIVIDUALS MAY BE REQUIRED, IN THE SECTORS COMING WITHIN THE ECONOMIC POLICY OF THE COMMUNITY, TO ACCEPT WITHIN REASONABLE LIMITS CERTAIN HARMFUL EFFECTS ON THEIR ECONOMIC INTERESTS AS A RESULT OF A LEGISLATIVE MEASURE WITHOUT BEING ABLE TO OBTAIN COMPENSATION FROM PUBLIC FUNDS, EVEN IF THAT MEASURE HAS BEEN DECLARED NULL AND VOID. IN A LEGISLATIVE FIELD SUCH AS THE ONE IN QUESTION, IN WHICH ONE OF THE CHIEF FEATURES IS THE EXERCISE OF A WIDE DISCRETION ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY, THE COMMUNITY DOES NOT THEREFORE INCUR LIABILITY UNLESS THE INSTITUTION CONCERNED HAS
MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS. THIS IS NOT SO IN THE CASE OF A MEASURE OF ECONOMIC POLICY SUCH AS THAT IN THE PRESENT CASE, IN VIEW OF ITS SPECIAL FEATURES; - IT AFFECTED VERY WIDE CATEGORIES OF TRADERS, IN OTHER WORDS ALL BUYERS OF COMPOUND FEEDING-STUFFS CONTAINING PROTEIN; - ITS EFFECTS ON THE PRICE OF FEEDING- STUFFS AS A FACTOR IN THE PRODUCTION COSTS OF THOSE BUYERS WERE LIMITED; - THIS PRICE INCREASE WAS PARTICULARLY SMALL IN COMPARISON WITH THE PRICE INCREASES RESULTING, DURING THE PERIOD OF APPLICATION OF THE REGULATION, FROM THE VARIATIONS IN THE WORLD MARKET PRICES OF FEEDING-STUFFS CONTAINING PROTEIN; THE EFFECTS OF THE REGULATION ON THE PROFIT-EARNING CAPACITY OF THE UNDERTAKINGS DID NOT ULTIMATELY EXCEED THE BOUNDS OF THE ECONOMIC RISKS INHERENT IN THE ACTIVITIES OF THE AGRICULTURAL SECTORS CONCERNED.

Plný text judikátu (Entire text of the Judgment):