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):		61978J0177
Název:
Title: 		JUDGMENT OF THE COURT OF 26 JUNE 1979. PIGS AND BACON COMMISSION V MCCARREN AND COMPANY LIMITED. PRELIMINARY RULING REQUESTED BY THE HIGH COURT OF IRELAND. COMMON ORGANIZATION OF THE MARKET IN PIGMEAT. CASE 177-78.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 2161 - 2194
Předmět (klíčová slova):
Keywords		AGRICULTURE;PIGMEAT;COMPETITION;STATE AIDS;FREE MOVEMENT OF GOODS;CUSTOMS UNION;QUANTITATIVE RESTRICTIONS;STATE MONOPOLIES OF A COMMERCIAL CHARACTER;
Související předpisy:
Corresponding acts:		375R2759
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IT FOLLOWS FROM ARTICLE 21 OF REGULATION NO 2759/75 OF THE COUNCIL ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT THAT ALTHOUGH ARTICLES 92 TO 94 OF THE EEC TREATY ON AIDS ARE FULLY APPLICABLE TO THE PIGMEAT SECTOR, THEIR APPLICATION NEVERTHELESS REMAINS SUBORDINATE TO THE PROVISIONS GOVERNING THE COMMON ORGANIZATION OF THE MARKET ESTABLISHED BY THE REGULATION. RECOURSE BY A MEMBER STATE TO THE PROVISIONS OF ARTICLES 92 TO 94 CANNOT RECEIVE PRIORITY OVER THE PROVISIONS OF THE REGULATION ON THE ORGANIZATION OF THAT SECTOR OF THE MARKET.

2. ONCE THE COMMUNITY HAS, PURSUANT TO ARTICLE 40 OF THE EEC TREATY, LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR, MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT.

3. THE MARKETING SYSTEM ESTABLISHED BY REGULATION NO 2759/75 IN THE CONTEXT OF THE SYSTEM FOR THE FREE MOVEMENT OF GOODS GUARANTEED BY THE PROVISIONS OF THE TREATY IS INTENDED TO ENSURE FREEDOM OF TRADE WITHIN THE COMMUNITY BY THE ABOLITION BOTH OF BARRIERS TO TRADE AND OF ALL DISTORTIONS IN INTRA-COMMUNITY TRADE AND HENCE PRECLUDES ANY INTERVENTION BY MEMBER STATES IN THE MARKET OTHERWISE THAN AS EXPRESSLY LAID DOWN BY THE REGULATION ITSELF.

4. ARTICLE 15 (2) OF REGULATION NO 2759/75 PREVENTS MEMBER STATES FROM CONFERRING A SPECIAL ADVANTAGE ON THEIR PRODUCERS BY GRANTING THEM AN EXPORT BONUS IN ADDITION TO ANY REFUND WHICH MAY BE RECEIVED IN PURSUANCE OF THE REGULATION AT THE RISK OF THUS DISTORTING CONDITIONS OF COMPETITION BETWEEN COMMUNITY PRODUCERS ON EXTERNAL MARKETS.

5. THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT, LIKE THE OTHER COMMON ORGANIZATIONS, IS BASED ON THE CONCEPT OF AN OPEN MARKET TO WHICH EVERY PRODUCER HAS FREE ACCESS AND THE FUNCTIONING OF WHICH IS REGULATED SOLELY BY THE INSTRUMENTS PROVIDED FOR BY THAT ORGANIZATION.

6. REGULATION NO 2759/75, HAVING REGARD TO THE PROVISIONS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS, MUST BE INTERPRETED AS MEANING THAT A NATIONAL SYSTEM IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT WHERE THE OBJECT OF THAT SYSTEM IS TO PERMIT A CENTRAL MARKETING AGENCY VESTED BY LAW WITH POWER TO CHARGE A LEVY ON THE WHOLE OF THE PRODUCTION OF A COMMODITY COMING UNDER THE COMMON ORGANIZATION OF THE MARKET, (A) TO EFFECT, FROM THE PROCEEDS OF THE RECEIPTS FROM THE LEVY, THE PAYMENT OF BONUSES FOR CERTAIN PRODUCTS INTENDED TO BE MARKETED IN THE COMMON MARKET OR EXPORTED TO NON-MEMBER COUNTRIES; (B) TO INFLICT A FINANCIAL DISADVANTAGE ON ANY PRODUCER, WHO IS COMPELLED TO PAY THE PRODUCTION LEVY, BY REASON OF THE FACT THAT HE EFFECTS HIS SALES DIRECTLY WITHOUT AVAILING HIMSELF OF THE INTERMEDIARY OR OF THE SERVICES OF THE CENTRAL MARKETING AGENCY.

7. THE LEVY DEMANDED WITHIN THE FRAMEWORK OF A NATIONAL MARKETING SYSTEM IS NOT DUE FROM PRODUCERS TO THE EXTENT TO WHICH IT IS EMPLOYED FOR PURPOSES INCOMPATIBLE WITH THE REQUIREMENTS OF THE TREATY ON THE FREE MOVEMENT OF GOODS AND WITH THE COMMON ORGANIZATION OF THE MARKET.

8. IT FOLLOWS FROM ARTICLE 38 (2) OF THE TREATY WHICH GIVES PRIORITY TO THE RULES FOR THE ORGANIZATION OF THE AGRICULTURAL MARKETS AS AGAINST THE RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET AS A WHOLE, OF WHICH ARTICLE 37 IS ONE, THAT THE PROVISIONS RELATING TO A COMMON ORGANIZATION OF THE MARKET CANNOT BE THWARTED BY DESCRIBING AS A'' STATE MONOPOLY'' AN AGENCY VESTED WITH CERTAIN STATUTORY POWERS IN THE AGRICULTURAL SPHERE.

9. IN PRINCIPLE ANY TRADER WHO IS REQUIRED, BY THE LEGISLATION OF A MEMBER STATE, TO PAY A LEVY HAS THE RIGHT TO CLAIM THE REIMBURSEMENT OF THAT PART OF THE LEVY WHICH IS DEVOTED TO PURPOSES INCOMPATIBLE WITH COMMUNITY LAW. IT IS FOR THE NATIONAL COURT TO ASSESS, ACCORDING TO ITS NATIONAL LAW, IN EACH INDIVIDUAL CASE, WHETHER AND TO WHAT EXTENT THE LEVY PAID MAY BE RECOVERED AND IF SO WHETHER THERE MAY BE SET OFF AGAINST SUCH A DEBT THE SUMS PAID TO THE TRADER BY WAY OF A BONUS WHICH IS ALSO INCOMPATIBLE WITH COMMUNITY LAW.

Plný text judikátu (Entire text of the Judgment):