Odbor kompatibility s právem ES
Úřad vlády ČR
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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):		61974J0074
Název:
Title: 		JUDGMENT OF THE COURT OF 14 MAY 1975. COMPTOIR NATIONAL TECHNIQUE AGRICOLE (CNTA) S.A. V COMMISSION OF THE EUROPEAN COMMUNITIES. CASE 74-74.
Publikace:
Publication:		REPORTS OF CASES 1975 PAGES 0533 - 0551
Předmět (klíčová slova):
Keywords		AGRICULTURE;OILS AND FATS;MONETARY MEASURES IN THE FIELD OF AGRICULTURE;LIABILITY;
Související předpisy:
Corresponding acts:
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. WITH REGARD TO A MEASURE OF A LEGISLATIVE NATURE WHICH CONSTITUTES A MEASURE TAKEN IN THE SPHERE OF ECONOMIC POLICY, THE COMMUNITY CANNOT BE LIABLE FOR ANY DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT MEASURE UNDER THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED.

2. AS THE APPLICATION OF COMPENSATORY AMOUNTS IN THE EVENT OF DISTURBANCES TO TRADE IN AGRICULTURAL PRODUCTS BY MONETARY MEASURES IS A MEASURE OF AN EXCEPTIONAL NATURE, THE LAST SENTENCE OF ARTICLE 1 (2) OF REGULATION NO 974/71 MUST BE UNDERSTOOD AS ENUNCIATING A CONDITION NOT ONLY OF THE INTRODUCTION BUT ALSO OF THE MAINTENANCE OF COMPENSATORY AMOUNTS FOR A SPECIFIC PRODUCT. THE COMMISSION HAS A LARGE AREA OF DISCRETION FOR JUDGING WHETHER THE MONETARY MEASURES CONCERNED MIGHT LEAD TO DISTURBANCES TO TRADE IN THE PRODUCT IN QUESTION. IN ORDER TO JUDGE THE RISK OF SUCH DISTURBANCES, IT IS PERMISSIBLE FOR THE COMMISSION TO TAKE INTO ACCOUNT MARKET CONDITIONS AS WELL AS MONETARY FACTORS.

3. THE ACTUAL RIGHT TO RECEIVE A COMPENSATORY AMOUNT ON EXPORTS IN THE EVENT OF DISTURBANCES TO TRADE IN AGRICULTURAL PRODUCTS BY MONETARY MEASURES IS ONLY CREATED BY THE PERFORMANCE OF THE EXPORT TRANSACTION AND ONLY FROM THE MOMENT WHEN THIS TAKES PLACE.

4. NOTWITHSTANDING THE FACT THAT THE SYSTEM OF COMPENSATORY AMOUNTS DOES NOT OFFER A GUARANTEE FOR TRADERS AGAINST THE RISKS OF ALTERATION OF EXCHANGE RATES, A TRADER MAY LEGITIMATELY EXPECT THAT FOR TRANSACTIONS IRREVOCABLY UNDERTAKEN BY HIM BECAUSE HE HAS OBTAINED, SUBJECT TO A DEPOSIT, EXPORT LICENCES FIXING THE AMOUNT OF THE REFUND IN ADVANCE, NO UNFORESEEABLE ALTERATION WILL OCCUR WHICH COULD HAVE THE EFFECT OF CAUSING HIM INEVITABLE LOSS, BY RE-EXPOSING HIM TO THE EXCHANGE RISK. THE COMMUNITY IS THEREFORE LIABLE IF, IN THE ABSENCE OF AN OVERRIDING MATTER OF PUBLIC INTEREST, THE COMMISSION ABOLISHED WITH IMMEDIATE EFFECT AND WITHOUT WARNING THE APPLICATION OF COMPENSATORY AMOUNTS IN A SPECIFIC SECTOR WITHOUT ADOPTING TRANSITIONAL MEASURES WHICH WOULD AT LEAST PERMIT TRADERS EITHER TO AVOID THE LOSS WHICH WOULD HAVE BEEN SUFFERED IN THE PERFORMANCE OF EXPORT CONTRACTS, THE EXISTENCE AND IRREVOCABILITY OF WHICH ARE ESTABLISHED BY THE ADVANCE FIXING OF THE REFUNDS, OR TO BE COMPENSATED FOR SUCH LOSS. WITH R
EGARD TO THE EXTENT OF THE LOSS TO BE COMPENSATED, THE COMMUNITY IS OBLIGED TO MAKE GOOD THE LOSS SUFFERED BY THE APPLICANT, BY REASON OF THE WITHDRAWAL OF THE COMPENSATORY AMOUNTS, IN THE PERFORMANCE OF EXPORT TRANSACTIONS FOR WHICH THE REFUNDS HAD BEEN FIXED.

Plný text judikátu (Entire text of the Judgment):