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YOUR NOTES ON '61985CJ0249_SUM'
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CASE-LAW

61985CJ0249_EN

Keywords
Summary

Keywords

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COMMUNITY LAW - PRIMACY - COMMISSION DECISION ADDRESSED TO A MEMBER STATE REQUIRING IT TO ADOPT MEASURES CONTRARY TO NATIONAL COMPETITION LAW - DECISION BINDING ON ALL THE ORGANS OF THE STATE, INCLUDING ITS COURTS

( EEC TREATY, ART . 189, FOURTH PARAGRAPH )

Summary

THE FOURTH PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY MUST BE INTERPRETED, HAVING REGARD TO THE PRIMACY OF COMMUNITY LAW, AS MEANING THAT A DECISION ADDRESSED TO A MEMBER STATE IS BINDING ON ALL THE ORGANS OF THAT STATE, INCLUDING THE COURTS OF THAT STATE .

ACCORDINGLY, A DECISION SUCH AS THAT ADDRESSED BY THE COMMISSION ON 25 FEBRUARY 1985 TO THE FEDERAL REPUBLIC OF GERMANY ON MEASURES FOR THE PROMOTION OF SALES OF BUTTER ON THE WEST BERLIN MARKET PRECLUDES A COURT OF THAT STATE FROM RESTRAINING CONDUCT ON THE PART OF THE COMPETENT INTERVENTION AGENCY FOR AGRICULTURE WHICH IS CONTRARY TO NATIONAL LEGISLATION ON UNFAIR COMPETITION AND ON BONUS OFFERS BUT WHICH THAT AGENCY ADOPTED IN IMPLEMENTATION OF THE DECISION .

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