Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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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):		61975J0065
Název:
Title: 		JUDGMENT OF THE COURT OF 26 FEBRUARY 1976. RICCARDO TASCA. PRELIMINARY RULING REQUESTED BY THE PRETORE OF PADUA. CASE 65-75.
Publikace:
Publication:		REPORTS OF CASES 1976 PAGES 0291 - 0311
Předmět (klíčová slova):
Keywords		AGRICULTURE;SUGAR;FREE MOVEMENT OF GOODS;QUANTITATIVE RESTRICTIONS;MEASURES HAVING EQUIVALENT EFFECT;
Související předpisy:
Corresponding acts:		367R1009;367R1009;157E030
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. THE UNILATERAL FIXING BY A MEMBER STATE OF MAXIMUM PRICES FOR THE SALE OF SUGAR, WHATEVER THE MARKETING STAGE IN QUESTION, IS INCOMPATIBLE WITH REGULATION NO 1009/67 ONCE IT JEOPARDIZES THE OBJECTIVES AND THE FUNCTIONING OF THIS ORGANIZATION AND IN PARTICULAR ITS SYSTEM OF PRICES. SUCH IS THE CASE WHERE A MEMBER STATE IN RESPECT OF WHICH THE INTERVENTION PRICE HAS BEEN FIXED AT A LEVEL HIGHER THAN THE TARGET PRICE REGULATES THE PRICES IN SUCH A WAY AS DIRECTLY OR INDIRECTLY TO MAKE IT DIFFICULT FOR THE SUGAR MANUFACTURERS TO OBTAIN AN EX-FACTORY PRICE AT LEAST EQUAL TO THE SAID INTERVENTION PRICE. SUCH AN INDIRECT OBSTRUCTION EXISTS WHEN THE MEMBER STATE IN QUESTION, WITHOUT REGULATING THE PRICES AT THE PRODUCTION STAGE, FIXES MAXIMUM SELLING PRICES FOR THE WHOLESALE AND RETAIL STAGES AT SUCH A LOW LEVEL THAT THE GROWER FINDS IT PRACTICALLY IMPOSSIBLE TO SELL AT THE INTERVENTION PRICE SINCE, IF HE WERE TO DO SO, IT WOULD FORCE THE WHOLESALERS OR RETAILERS, BOUND BY THE SAID MAXIMUM PRICES, TO SELL AT A LOS
S.

2. FOR NATIONAL MEASURES TO CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS, IT IS SUFFICIENT THAT THE MEASURES IN QUESTION ARE LIKELY TO CONSTITUTE AN OBSTACLE, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, TO IMPORTS BETWEEN MEMBER STATES.

3. ALTHOUGH A MAXIMUM PRICE APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS DOES NOT IN ITSELF CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS, IT MAY HAVE SUCH AN EFFECT, HOWEVER, WHEN IT IS FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES, IF NOT IMPOSSIBLE, MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS. A MAXIMUM PRICE, IN ANY EVENT IN SO FAR AS IT APPLIES TO IMPORTED PRODUCTS, CONSTITUTES THERE- FORE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION, ESPECIALLY WHEN IT IS FIXED AT SUCH A LOW LEVEL THAT, HAVING REGARD TO THE GENERAL SITUATION OF IMPORTED PRODUCTS COMPARED TO THAT OF DOMESTIC PRODUCTS, DEALERS WISHING TO IMPORT THE PRODUCT IN QUESTION INTO THE MEMBER STATE CONCERNED CAN DO SO ONLY AT A LOSS.

4. BY REASON OF ITS VERY NATURE AND ITS FUNCTION IN THE SYSTEM OF THE SOURCES OF COMMUNITY LAW THE REGULATION PRODUCES IMMEDIATE EFFECTS AND AS SUCH IS CAPABLE OF CONFERRING ON PARTIES RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT.

Plný text judikátu (Entire text of the Judgment):