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):		61979J0016
Název:
Title: 		JUDGMENT OF THE COURT OF 6 NOVEMBER 1979. OPENBAR MINISTERIE V JOSEPH DANIS AND OTHERS. PRELIMINARY RULING REQUESTED BY THE HOF VAN CASSATIE, BELGIUM. AGRICULTURAL PRICE FREEZE. JOINED CASES 16 TO 20-79.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 3327 - 3342
Předmět (klíčová slova):
Keywords		AGRICULTURE;ANIMAL FEEDING STUFFS;FREE MOVEMENT OF GOODS;QUANTITATIVE RESTRICTIONS;MEASURES HAVING EQUIVALENT EFFECT;
Související předpisy:
Corresponding acts:		157E030;367R0120
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. WHILST RULES IMPOSING A PRICE FREEZE WHICH ARE APPLICABLE EQUALLY TO NATIONAL PRODUCTS AND TO IMPORTED PRODUCTS DO NOT AMOUNT IN THEMSELVES TO A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION, THEY MAY IN FACT PRODUCE SUCH AN EFFECT WHEN PRICES ARE AT SUCH A LEVEL THAT THE MARKETING OF IMPORTED PRODUCTS BECOMES EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THE MARKETING OF NATIONAL PRODUCTS. THAT IS ESPECIALLY THE CASE WHERE NATIONAL RULES, WHILE PREVENTING THE INCREASED PRICES OF IMPORTED PRODUCTS FROM BEING PASSED ON IN SALE PRICES, FREEZE PRICES AT A LEVEL SO LOW THAT - TAKING INTO ACCOUNT THE GENERAL SITUATION OF IMPORTED PRODUCTS IN RELATION TO THAT OF NATIONAL PRODUCTS - TRADERS WISHING TO IMPORT THE PRODUCTS IN QUESTION INTO THE MEMBER STATE CONCERNED CAN DO SO ONLY AT A LOSS, OR, HAVING REGARD TO THE LEVEL AT WHICH PRICES FOR NATIONAL PRODUCTS ARE FROZEN, ARE IMPELLED TO GIVE PREFERENCE TO THE LATTER PRODUCTS.

2. IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET, AND A FORTIORI WHEN THAT ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM, MEMBER STATES CAN NO LONGER TAKE ACTION, THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY, AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION. HOWEVER, THE PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES OF THE PRODUCTS COVERED BY THE RULES OF THE MARKET CONCERNED LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE UNILATERAL MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES, ON CONDITION THAT THEY DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION, IN PARTICULAR ITS PRICE SYSTEM.

3. NATIONAL RULES WHICH - IMPOSE ON ALL PRODUCERS AND IMPORTERS THE OBLIGATION TO GIVE AT LEAST TWO MONTHS' NOTICE OF ANY PRICE INCREASES WHICH THEY INTEND TO APPLY ON THE NATIONAL MARKET, AND WHICH - EMPOWER THE AUTHORITIES IN THE MEMBER STATE CONCERNED TO DELAY BEYOND REASONABLE LIMITS - AND IN PRACTICE NECESSARILY DO SO DELAY - THE PASSING ON OF INCREASES IN THE PRICES OF IMPORTED PRODUCTS, CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS, WHICH IS PROHIBITED BY ARTICLE 30 OF THE EEC TREATY, TO THE EXTENT TO WHICH THEY MAKE THE MARKETING OF PRODUCTS IMPORTED FROM ANOTHER MEMBER STATE EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THAT OF NATIONAL PRODUCTS OR HAVE THE EFFECT OF FAVOURING THE MARKETING OF NATIONAL PRODUCTS TO THE DETRIMENT OF IMPORTED PRODUCTS. SUCH NATIONAL RULES ARE, MOREOVER, INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET, WHICH HAS BEEN ESTABLISHED FOR CEREALS BY REGULATION NO 120/67 OF THE COUNCIL, IN SO FAR AS THEY APPLY TO THE PRICES OF PRO
DUCTS COVERED BY THAT REGULATION AT THE PRODUCTION AND WHOLESALE STAGES. FURTHERMORE, THEY ARE INCOMPATIBLE WITH THAT ORGANIZATION IF, IN THE OPINION OF THE NATIONAL COURT, BY APPLYING AT SUBSEQUENT STAGES OF THE DISTRIBUTION PROCESS, THEY JEOPARDIZE THE OBJECTIVES AND FUNCTIONING OF THAT COMMON ORGANIZATION.

Plný text judikátu (Entire text of the Judgment):