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	Databáze č. 17 : Databáze judikatury

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	Číslo (Kód CELEX): Number (CELEX Code):		61969J0006

	Název: Title:		JUDGMENT OF THE COURT OF 10 DECEMBER 1969. COMMISSION OF THE EUROPEAN COMMUNITIES V FRENCH REPUBLIC. JOINED CASES 6 AND 11-69.

	Publikace: Publication:		REPORTS OF CASES 1969 PAGES 0523

	Předmět (klíčová slova): Keywords		CONJUNCTURAL POLICY;BALANCE OF PAYMENTS;PROTECTIVE MEASURES;COMPETITION;STATE AIDS;

	Související předpisy: Corresponding acts:		368D0301

	Odkaz na souvisejicí judikáty: Corresponding Judgements:


	Plný text: Fulltext:		Ne

Fakta:

Názor soudu a komentář:

Shrnutí (Summary of the Judgment):
1. IN THE EXERCISE OF THEIR RESERVED POWERS, MEMBER STATES CAN DEROGATE FROM THE OBLIGATION IMPOSED ON THEM BY THE PROVISIONS OF THE EUROPEAN TREATIES ONLY ON THE CONDITIONS LAID DOWN IN THE TREATIES THEMSELVES.

2. IF IN PROCEEDINGS FOR FAILURE BY A STATE TO FULFIL AN OBLIGATION, THE STATE ALLEGES THAT THE DECISION WHICH IT HAS NOT HONOURED HAS BEEN TAKEN IN A SPHERE WHICH BELONGS EXCLUSIVELY TO ITS OWN JURISDICTION, THE COURT MUST INVESTIGATE THIS ALLEGATION EVEN IF THE DECISION HAS BECOME DEFINITIVE. SUCH AN INVESTIGATION ACCORDS WITH A FUNDAMENTAL REQUIREMENT OF THE LEGAL SYSTEM FOR SHOULD THE ALLEGATION PROVE CORRECT THE DECISION WOULD LACK ALL LEGAL BASIS IN THE COMMUNITY SYSTEM.

3. A PREFERENTIAL REDISCOUNT RATE FOR EXPORTS, GRANTED BY A STATE IN FAVOUR ONLY OF NATIONAL PRODUCTS EXPORTED AND FOR THE PURPOSE OF HELPING THEM TO COMPETE IN OTHER MEMBER STATES WITH PRODUCTS ORIGINATING IN THE LATTER, CONSTITUTES AN AID WITHIN THE MEANING OF ARTICLE 92 THE OBSERVANCE OF WHICH IT IS THE COMMISSION'S TASK TO ENSURE.

4. IN THE EVENT OF UNILATERAL ACTION BY A STATE DEROGATING FROM THE PROVISIONS OF THE TREATY BUT AUTHORIZED BY THE TREATY AS A PRECAUTION, INTERVENTION BY THE COMMUNITY INSTITUTIONS AS SOON AS POSSIBLE MEETS A FUNDAMENTAL REQUIREMENT FOR THE FUNCTIONING OF THE COMMON MARKET.

5. A STATE WHICH TAKES ADVANTAGE OF THE EXCEPTIONAL POWER CONTAINED IN ARTICLE 109(1) OF THE EEC TREATY TAKES A UNILATERAL MEASURE OF AN EXCEPTIONAL AND TEMPORARY NATURE WHICH DEROGATES FROM THE PROVISIONS OF THE TREATY. IT FOLLOWS FROM THE VERY NATURE OF SUCH A MEASURE THAT IT INVOLVES FOR THAT STATE THE OBLIGATION OF INFORMING THE COMMISSION AND THE OTHER MEMBER STATES IMMEDIATELY - OR NOT LATER THAN WHEN SUCH MEASURES ENTER INTO FORCE - AND OF MAKING EXPRESS REFERENCE TO THIS PROVISION.

6. THE REASONED OPINION SENT BY THE COMMISSION TO A MEMBER STATE WHEN IT CONSIDERS THAT THIS STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY, CONSTITUTES THE PRE-LITIGIOUS STAGE OF A PROCEDURE WHICH MAY LEAD TO AN ACTION BEFORE THE COURT OF JUSTICE. THE ASSESSMENT OF THE VALIDITY OF THE ACTION ITSELF WHICH THE COMMISSION MAY BRING BEFORE THE COURT OF JUSTICE UNDER ARTICLE 169. IT IS NOT THEREFORE POSSIBLE TO PLEAD ONLY THE ILLEGALITY OF THE OPINION.

7. THE SECOND SUBPARAGRAPH OF ARTICLE 67(2) OF THE ECSC TREATY IN PROVIDING FOR SITUATIONS ENABLING THE COMMISSION TO AUTHORIZE MEMBER STATES, IN DEROGATION FROM ARTICLE 4, TO GRANT AID, DOES NOT DISTINGUISH BETWEEN AID SPECIFIC TO THE COAL AND STEEL SECTOR AND AID WHICH APPLIES TO IT AS THE RESULT OF A GENERAL MEASURE. A PREFERENTIAL REDISCOUNT RATE FOR EXPORTS THEREFORE CONSTITUTES AID WHICH, WITHIN THE MEANING OF ARTICLE 67, MUST BE AUTHORIZED BY THE COMMISSION IN SO FAR AS IT CONCERNS THE COAL AND STEEL SECTOR.

8. THE SOLE OBJECTIVE OF THE COMMISSION'S REASONED DECISION UNDER ARTICLE 88 OF THE ECSC TREATY IS TO RECORD THE STATE'S FAILURE TO FULFIL A PRE-EXISTING OBLIGATION AND TO SET A FINAL TIME LIMIT FOR IT TO COMPLY THEREWITH.

9. ALTHOUGH A STATE WHICH IS ACCUSED OF FAILURE TO FULFIL AN OBLIGATION IS ENTITLED TO DISPUTE BY MEANS OF THE PROCEDURE OF ARTICLE 88 THE NEW CONDITIONS OF IMPLEMENTATION WHICH THE DECISION HAS SET IT, SUCH POWER CANNOT RESULT IN RE-OPENING THE QUESTION OF THE LEGALITY OF THE MEASURE, WHICH THE STATE HAS NOT COMPLIED WITH, AFTER THE EXPIRY OF THE PERIOD FOR BRINGING PROCEEDINGS FOR ANNULMENT.

Plný text judikátu (Entire text of the Judgment):