Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Pescatore
• ECLI: ECLI:EU:C:1970:114
• Date: 17 December 1970
• Docket Number: 11-70
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61970J0011

Judgment of the Court of 17 December 1970. - Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel. - Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main - Germany. - Case 11-70.

European Court reports 1970 Page 01125
Danish special edition Page 00235
Greek special edition Page 00581
Portuguese special edition Page 00625
Spanish special edition Page 00241
Swedish special edition Page 00503
Finnish special edition Page 00501

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

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1 . MEASURES ADOPTED BY INSTITUTIONS - VALIDITY - ASSESSMENT IN TERMS OF COMMUNITY LAW - INDEPENDENCE, UNIFORMITY AND EFFICACY OF COMMUNITY LAW - RECOURSE TO THE RULES OF NATIONAL CONSTITUTIONAL LAW EXCLUDED

2 . COMMUNITY LAW - GENERAL PRINCIPLES - FUNDAMENTAL RIGHTS - RESPECT FOR SUCH RIGHTS ENSURED BY THE COURT IN TERMS OF THE STRUCTURE AND OBJECTIVES OF THE COMMUNITY

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT AND EXPORT LICENCES GUARANTEED BY A DEPOSIT - NECESSARY AND APPROPRIATE NATURE OF THAT SYSTEM - ABSENCE OF VIOLATION OF FUNDAMENTAL RIGHTS

( EEC TREATY, ARTICLES 40 AND 43 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT AND EXPORT LICENCES - PERIOD OF VALIDITY - EXPIRATION OF SUCH PERIOD - CASE OF FORCE MAJEURE - CONCEPT

( REGULATION NO 120/67 OF THE COUNCIL )

5 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - IMPORT AND EXPORT LICENCES - CANCELLATION OF THE UNDERTAKING TO IMPORT OR EXPORT - LIMITATION TO CASES OF FORCE MAJEURE - PERMISSIBILITY

Summary

1 . THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY CAN ONLY BE JUDGED IN THE LIGHT OF COMMUNITY LAW . THE LAW STEMMING FROM THE TREATY, AN INDEPENDENT SOURCE OF LAW, CANNOT BECAUSE OF ITS VERY NATURE BE OVERRIDDEN BY RULES OF NATIONAL LAW, HOWEVER FRAMED, WITHOUT BEING DEPRIVED OF ITS CHARACTER AS COMMUNITY LAW AND WITHOUT THE LEGAL BASIS OF THE COMMUNITY ITSELF BEING CALLED IN QUESTION . THEREFORE THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFCT WITHIN A MEMBER STATE CANNOT BE AFFECTED BY ALLEGATIONS THAT IT RUNS COUNTER TO EITHER FUNDAMENTAL RIGHTS AS FORMULATED BY THE CONSTITUTION OF THAT STATE OR THE PRINCIPLES OF ITS CONSTITUTIONAL STRUCTURE .

( JUDGMENT OF 15 JULY 1964, CASE 6/64 ( 1964 ) E . C . R ., P . 594 )

2 . RESPECT FOR FUNDAMENTAL RIGHTS FORMS AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW PROTECTED BY THE COURT OF JUSTICE . THE PROTECTION OF SUCH RIGHTS, WHILST INSPIRED BY THE CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES, MUST BE ENSURED WITHIN THE FRAMEWORK OF THE STRUCTURE AND OBJECTIVES OF THE COMMUNITY .

( JUDGMENT OF 12 NOVEMBER 1969, CASE 29/69, REC . 1969, P . 425 )

3 . THE REQUIREMENT BY THE AGRICULTURAL REGULATIONS OF THE COMMUNITY OF IMPORT AND EXPORT LICENCES INVOLVING FOR THE LICENSEES AN UNDERTAKING TO EFFECT THE PROPOSED TRANSACTIONS UNDER THE GUARANTEE OF A DEPOSIT CONSTITUTES A METHOD WHICH IS BOTH NECESSARY AND APPROPRIATE, FOR THE PURPOSES OF ARTICLES 40 ( 3 ) AND 43 OF THE EEC TREATY, TO ENABLE THE COMPETENT AUTHORITIES TO DETERMINE IN THE MOST EFFECTIVE MANNER THEIR INTERVENTIONS ON THE MARKET IN CEREALS . THE SYSTEM OF DEPOSITS VIOLATES NO FUNDAMENTAL RIGHT .

4 . THE CONCEPT OF FORCE MAJEURE ADOPTED BY THE AGRICULTURAL REGULATIONS IS NOT LIMITED TO ABSOLUTE IMPOSSIBILITY BUT MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL CIRCUMSTANCES, OUTSIDE THE CONTROL OF THE IMPORTER OR EXPORTER, THE CONSEQUENCES OF WHICH, IN SPITE OF THE EXERCISE OF ALL DUE CARE, COULD NOT HAVE BEEN AVOIDED EXCEPT AT THE COST OF EXCESSIVE SACRIFICE .

( JUDGMENT OF 11 JULY 1968, CASE 4/68, REC . 1968, P . 563 )

5 . BY LIMITING THE CANCELLATION OF THE UNDERTAKING TO EXPORT AND THE RELEASE OF THE DEPOSIT TO CASES OF FORCE MAJEURE THE COMMUNITY LEGISLATURE ADOPTED A PROVISION WHICH, WITHOUT IMPOSING AN UNDUE BURDEN ON IMPORTERS OR EXPORTERS, IS APPROPRIATE FOR ENSURING THE NORMAL FUNCTIONING OF THE ORGANIZATION OF THE MARKET IN CEREALS, IN THE GENERAL INTEREST AS DEFINED IN ARTICLE 39 OF THE TREATY .

Parties

IN CASE 11/70

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE VERWALTUNGSGERICHT ( ADMINISTRATIVE COURT ) FRANKFURT-AM-MAIN, FOR A PRELIMINARY RULING IN THE CASE PENDING BEFORE THAT COURT BETWEEN

INTERNATIONALE HANDELSGESELLSCHAFT MBH, THE REGISTERED OFFICE OF WHICH IS AT FRANKFURT-AM-MAIN,

AND

EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL, FRANKFURT-AM-MAIN,

Subject of the case

ON THE VALIDITY OF THE THIRD SUBPARAGRAPH OF ARTICLE 12 ( 1 ) OF REGULATION NO 120/67/EEC OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS AND ARTICLE 9 OF REGULATION NO 473/67/EEC OF THE COMMISSION OF 21 AUGUST 1967 ON IMPORT AND EXPORT LICENCES FOR CEREALS AND PROCESSED CEREAL PRODUCTS, RICE, BROKEN RICE AND PROCESSED...