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):		61976J0015
Název:
Title: 		JUDGMENT OF THE COURT OF 7 FEBRUARY 1979. FRENCH GOVERNMENT V COMMISSION OF THE EUROPEAN COMMUNITIES. " EAGGF ". JOINED CASES 15 AND 16-76.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 0321 - 0341
Předmět (klíčová slova):
Keywords		AGRICULTURE;EAGGF;MILK PRODUCTS;WINE;ANIMAL FEEDING STUFFS;
Související předpisy:
Corresponding acts:		376D0142;376D0148
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IN THE CONTEXT OF AN APPLICATION FOR ANNULMENT UNDER ARTICLE 173 OF THE TREATY THE LEGALITY OF THE CONTESTED MEASURE MUST BE ASSESSED ON THE BASIS OF THE ELEMENTS OF FACT AND OF LAW EXISTING AT THE TIME WHEN THE MEASURE WAS ADOPTED.

2. THE PROCEDURE UNDER ARTICLE 169 OF THE TREATY FOR FAILURE TO FULFIL OBLIGATIONS IS FOR THE PURPOSE OF OBTAINING A DECLARATION THAT THE CONDUCT OF A MEMBER STATE INFRINGES COMMUNITY LAW AND OF TERMINATING THAT CONDUCT; THE COMMISSION REMAINS AT LIBERTY, IF THE MEMBER STATE HAS PUT AN END TO THE ALLEGED FAILURE, TO DISCONTINUE THE PROCEEDINGS BUT SUCH DISCONTINUANCE DOES NOT CONSTITUTE RECOGNITION THAT THE CONTESTED CONDUCT IS LAWFUL.

3. AS COMMUNITY LAW NOW STANDS THE PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS SUBMITTED BY THE MEMBER STATES IN CONNEXION WITH EXPENDITURE FINANCED BY THE EAGGF SERVES TO DETERMINE NOT ONLY THAT THE EXPENDITURE WAS ACTUALLY AND PROPERLY INCURRED BUT ALSO THAT THE FINANCIAL BURDEN OF THE COMMON AGRICULTURAL POLICY IS CORRECTLY APPORTIONED BETWEEN THE MEMBER STATES AND THE COMMUNITY AND IN THIS RESPECT THE COMMISSION HAS NO DISCRETIONARY POWER TO DEROGATE FROM THE RULES REGULATING THE ALLOCATION OF EXPENSES.

4. IN CASES WHERE THE COMMUNITY RULES RELATING TO THE AGRICULTURAL MARKETS AUTHORIZE PAYMENT OF AN AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF ARE COMPLIED WITH AT THE TIME OF PAYMENT, AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE RELATED EXPENDITURE CANNOT, THEREFORE, IN PRINCIPLE BE CHARGED TO THE EAGGF WHEN THE ACCOUNTS FOR THE FINANCIAL YEAR IN QUESTION ARE DISCHARGED, WITHOUT PREJUDICE TO ANY POSSIBILITY OF THE PART OF THE COMMISSION TO TAKE ACCOUNT, DURING ANOTHER FINANCIAL YEAR, OF THE SUBSEQUENT PRODUCTION OF THE REQUISITE PROOF.

5. IN APPLYING COMMUNITY RULES THE MEMBER STATES CANNOT UNILATERALLY ADOPT ADDITIONAL MEASURES WHICH ARE SUCH AS TO COMPROMISE THE EQUALITY OF TREATMENT OF TRADERS THROUGHOUT THE COMMUNITY AND THUS TO DISTORT COMPETITIVE CONDITIONS BETWEEN THE MEMBER STATES.

Plný text judikátu (Entire text of the Judgment):