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):		61963J0013
Název:
Title: 		JUDGMENT OF THE COURT OF 17 JULY 1963. GOVERNMENT OF THE ITALIAN REPUBLIC V COMMISSION OF THE EEC. CASE 13-63.
Publikace:
Publication:		REPORTS OF CASES 1963 PAGES 0165 DANISH EDITION....: 1963 PAGES 0433
Předmět (klíčová slova):
Keywords		PROTECTIVE MEASURES;
Související předpisy:
Corresponding acts:		363D0099
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. INDEPENDENTLY OF THE QUESTION TO WHAT EXTENT THE COMMISSION, WHEN RECEIVING AN APPLICATION UNDER ARTICLE 226, IS OBLIGED TO GIVE A PRELIMINARY HEARING TO ANY GOVERNMENT CONCERNED, THERE IS NO FAILURE TO DO SO IF THE COMMISSION HAS INFORMED THE GOVERNMENT IN QUESTION OF THE EXISTENCE OF THE APPLICATION AND THAT GOVERNMENT HAS NOT REPLIED TO THE QUESTIONS PUT TO IT BY THE COMMISSION WITHIN A PERIOD OF TIME COMPATIBLE WITH THE URGENCY REQUIRED BY THE TREATY.

2. THE PRODUCTION OF A COMMODITY MAY CONSTITUTE A SECTOR OF THE ECONOMY WITHIN THE MEANING OF ARTICLE 226 OF THE EEC TREATY IF THAT COMMODITY, ACCORDING TO GENERALLY ACCEPTED IDEAS, IS CLEARLY DIFFERENT FROM OTHER RELATED PRODUCTS.

3. THE EXISTENCE OF DIFFICULTIES WHICH ARE SERIOUS AND LIABLE TO PERSIST IS NOT PRECLUDED BY THE FACT THAT THOSE INVOLVED SUPPORT THE COMMISSION'S MEASURES BY THEIR OWN EFFORTS, AS SUCH EFFORTS ARE PRESUPPOSED BY ARTICLE 226 WHICH IS INTENDED TO PERMIT THE SECTOR IN DIFFICULTY TO ADJUST ITSELF TO THE COMMON MARKET.

4. AS THE COMMISSION IS OBLIGED BY ARTICLE 226 OF THE EEC TREATY TO GIVE PRIORITY TO SUCH MEASURES AS WILL LEAST DISTURB THE FUNCTIONING OF THE COMMON MARKET, IT MUST TAKE INTO ACCOUNT THAT IN CASES OF DOUBT THE'COMMON' CHARACTERISTIC OF THE MARKET SUFFERS LESS IF DEROGATION FROM THE RULES OF THE TREATY IS MADE ONLY WITHIN THE FRAMEWORK OF THE RELATIONS BETWEEN TWO MEMBER STATES.

5. IN AUTHORIZING PROTECTIVE MEASURES, THE COMMISSION IS ENTITLED TO MAKE A DISTINCTION ACCORDING TO THE COUNTRIES AND NOT ONLY ACCORDING TO THE UNDERTAKINGS OF THE COMMON MARKET, ASSUMING THAT THERE ARE REASONABLE GROUNDS FOR SUCH A DISTINCTION. THIS IS SO WHEN IT IS POSSIBLE TO FIND, WITHIN A GIVEN COUNTRY, A PRICE LEVEL WHICH IS CLEARLY DIFFERENT FROM THE PRICE LEVEL IN THE OTHER COUNTRIES.

6. THE DIFFERENT TREATMENT OF DISSIMILAR SITUATIONS DOES NOT LEAD AUTOMATICALLY TO THE CONCLUSION THAT THERE IS DISCRIMINATION, AS AN APPEARANCE OF DISCRIMINATION IN FORM MAY CORRESPOND IN FACT TO AN ABSENCE OF DISCRIMINATION IN SUBSTANCE. DISCRIMINATION IN SUBSTANCE MAY CONSIST NOT ONLY IN TREATING SIMILAR SITUATIONS DIFFERENTLY, BUT ALSO IN TREATING DIFFERENT SITUATIONS IDENTICALLY.

Plný text judikátu (Entire text of the Judgment):