{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Rubber_case - 61978V0001 Opinion of the Court of 4 October...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
61978V0001 Opinion of the Court of 4 October 1979. Opinion given pursuant to the second subparagraph of Article 228(1) of the EEC Treaty. International Agreement on Natural Rubber. Opinion 1/78. European Court reports 1979 Page 02871 Greek special edition 1979:II Page 00401 Swedish special edition IV Page 00527 Finnish special edition IV Page 00561 Spanish special edition 1979 Page 01411 1. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - PRIOR OPINION OF THE COURT - COMPATIBILITY WITH THE EEC TREATY - COURT ' S ASSESSMENT - SCOPE (EEC TREATY, SECOND SUBPARAGRAPH OF ART. 228 (1)) 2. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - PRIOR OPINION OF THE COURT - REQUEST FOR OPINION - PERMISSIBILITY - COUNCIL'S POWER OF AMENDMENT TO PROPOSALS FROM COMMISSION - ABSENCE OF EFFECT (EEC TREATY, ART. 149 AND SECOND SUBPARAGRAPH OF ART. 228 (1)) 3. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - PRIOR OPINION OF THE COURT - REQUEST FOR OPINION - PERMISSIBILITY - CONDITIONS - KNOWLEDGE OF SUBJECT-MATTER OF AGREEMENT - INFORMATION AVAILABLE (EEC TREATY, SECOND SUBPARAGRAPH OF ART. 228 (1)) 4. COMMON COMMERCIAL POLICY - CONCEPT - RESTRICTIVE INTERPRETATION - NOT POSSIBLE - LIBERALIZATION OF TRADE - REGULATING INTERNATIONAL TRADE - INCLUSION (EEC TREATY, ART. 113) 5. COMMON COMMERCIAL POLICY - ECONOMIC POLICY - CONCEPTS - DEMARCATION (EEC TREATY, ARTS. 6, 103 TO 116, 145) 6. COMMON COMMERCIAL POLICY - CONCEPT - ORGANIZATION OF ECONOMIC LINKS WITH NON-MEMBER COUNTRIES - BUILDING UP OF SECURITY STOCKS OF A PRODUCT - POWERS OF THE COMMUNITY - POWERS OF MEMBER STATES IN MATTERS OF ECONOMIC POLICY - ABSENCE OF EFFECT (EEC TREATY, ART. 113) 7. INTERNATIONAL AGREEMENTS - COMMON COMMERCIAL POLICY - AGREEMENTS NEGOTIATED WITHIN THE FRAMEWORK OF INTERNATIONAL ORGANIZATIONS - PARTICIPATION OF THE COMMUNITY OR COMMON ACTION BY MEMBER STATES - RESPECTIVE SPHERES OF APPLICATION OF THE TWO PROCEDURES - DEMARCATION - CRITERIA - OBJECT OF THE NEGOTIATIONS (EEC TREATY, ART. 113, 114, 116 AND THE FIRST SUBPARAGRAPH OF ART.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
228 (1)) 8. INTERNATIONAL AGREEMENTS - COMMON COMMERCIAL POLICY - AGREEMENT INVOLVING OBLIGATION TO PROVIDE FINANCE - POWERS OF THE COMMUNITY - NECESSITY FOR MEMBER STATES TO PARTICIPATE - APPRECIATION DEPENDENT UPON CHARGES BORNE (EEC TREATY, ART. 113) 9. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - DEPENDENT TERRITORIES OF A MEMBER STATE WHICH DO NOT BELONG TO THE COMMUNITY - MANNER OF PARTICIPATION IN AGREEMENTS - REPRESENTATION BY MEMBER STATE CONCERNED - NO EFFECT ON DIVISION OF POWERS BETWEEN COMMUNITY AND MEMBER STATES (EEC TREATY, SECOND SUBPARAGRAPH OF ART. 228 (1)) 1. UNDER THE PROCEDURE OF THE SECOND SUBPARAGRAPH OF ARTICLE 228 (1), IT IS POSSIBLE TO CONSIDER ALL QUESTIONS WHICH CONCERN THE COMPATIBILITY WITH THE PROVISIONS OF THE TREATY OF AN AGREEMENT ENVISAGED. IN FACT A JUDGMENT ON THE COMPATIBILITY OF AN AGREEMENT WITH THE TREATY MAY DEPEND NOT ONLY ON PROVISIONS OF SUBSTANTIVE LAW BUT ALSO ON THOSE CONCERNING THE POWERS, PROCEDURE OR ORGANIZATION OF THE INSTITUTIONS OF THE COMMUNITY.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern