Judgments nº C-232/78 of Court of Justice of the European Communities, September 25, 1979
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Summary
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 .
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Extract
Judgments nº C-232/78 of Court of Justice of the European Communities, September 25, 1979
Subject of the case
APPLICATION FOR A DECLARATION THAT THE FRENCH REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 12 AND 30 OF THE EEC TREATY ,Grounds1 THE COMMISSION , BY AN APPLICATION LODGED AT THE REGISTRY ON 25 OCTOBER 1978 , BROUGHT BEFORE THE COURT OF JUSTICE , PURSUANT TO ARTICLE 169 OF THE EEC TREATY , AN ACTION FOR A DECLARATION THAT ' ' THE FRENCH REPUBLIC , BY CONTINUING AFTER 1 JANUARY 1978 TO APPLY ITS RESTRICTIVE NATIONAL SYSTEM TO THE IMPORTATION OF MUTTON AND LA...See the full content of this document
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