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):		61978J0232
Název:
Title: 		JUDGMENT OF THE COURT OF 25 SEPTEMBER 1979. COMMISSION OF THE EUROPEAN COMMUNITIES V FRENCH REPUBLIC. MUTTON AND LAMB. CASE 232-78.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 2729 - 2740
Předmět (klíčová slova):
Keywords		AGRICULTURE;SHEEPMEAT AND GOATMEAT;FREE MOVEMENT OF GOODS;CUSTOMS UNION;CHARGES HAVING AN EQUIVALENT EFFECT;ACCESSION;
Související předpisy:
Corresponding acts:		157E012;157E030
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. UNDER ARTICLE 38 (1) OF THE RULES OF PROCEDURE THE PARTIES ARE REQUIRED TO STATE THE SUBJECT-MATTER OF THE DISPUTE IN THE DOCUMENT ORIGINATING THE PROCEEDINGS. IT FOLLOWS THAT EVEN THOUGH ARTICLE 42 OF THE RULES OF PROCEDURE ALLOWS FRESH ISSUES TO BE RAISED IN CERTAIN CIRCUMSTANCES A PARTY MAY NOT ALTER THE ACTUAL SUBJECT-MATTER OF THE DISPUTE DURING THE PROCEEDINGS.

2. ARTICLE 60 (2) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES CEASED TO HAVE EFFECT AT THE END OF 1977.

3. AFTER THE EXPIRATION OF THE TRANSITIONAL PERIOD OF THE EEC TREATY, AND, AS FAR AS THE NEW MEMBER STATES ARE CONCERNED, AFTER THE EXPIRATION OF THE TIME-LIMITS FOR THE TRANSITION SPECIFICALLY PROVIDED FOR IN THE ACT OF ACCESSION, A NATIONAL ORGANIZATION OF THE MARKET MUST NO LONGER OPERATE IN SUCH A WAY AS TO PREVENT THE TREATY PROVISIONS RELATING TO THE ELIMINATION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE FROM HAVING FULL FORCE AND EFFECT. THE EXPIRATION OF THE TIME-LIMITS FOR THE TRANSITION IMPLIES THEREFORE THAT THOSE MATTERS AND SECTORS SPECIFICALLY ASSIGNED TO THE COMMUNITY ARE THE RESPONSIBILITY OF THE COMMUNITY SO THAT, ALTHOUGH IT IS STILL NECESSARY TO TAKE SPECIAL MEASURES, A DECISION TO ADOPT THEM CAN NO LONGER BE MADE UNILATERALLY BY THE MEMBER STATES CONCERNED; THEY MUST BE ADOPTED WITHIN THE COMMUNITY SYSTEM WHICH IS DESIGNED TO GUARANTEE THAT THE GENERAL PUBLIC INTEREST OF THE COMMUNITY IS PROTECTED. THE FACT THAT AFTER THE EXPIRATION OF THE PERIODS REFERRED TO ABOVE THE COMMUNITY HAS NOT YET
ADOPTED MEASURES INTENDED TO REGULATE THE MARKET IN AN AGRICULTURAL PRODUCT IS NOT A SUFFICIENT JUSTIFICATION FOR THE MAINTENANCE BY A MEMBER STATE OF A NATIONAL ORGANIZATION OF THE MARKET WHICH INCLUDES FEATURES WHICH ARE INCOMPATIBLE WITH THE REQUIREMENTS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS.

4. A MEMBER STATE CANNOT UNDER ANY CIRCUMSTANCES UNILATERALLY ADOPT, ON ITS OWN AUTHORITY, CORRECTIVE MEASURES OR MEASURES TO PROTECT TRADE DESIGNED TO PREVENT ANY FAILURE ON THE PART OF ANOTHER MEMBER STATE TO COMPLY WITH THE RULES LAID DOWN BY THE TREATY.

Plný text judikátu (Entire text of the Judgment):