ECJ 1. The direct application of a community regulation means that its entry into force and its application in favour of or against those subject to it are independent of any measure of reception into national law. 2. The member states may neither adopt nor allow national organizations having legislative power to adopt any measure which would conceal the community nature and effects of any legal provision from the persons to whom it applies. They may not, either directly or through the intermediary of organizations created or recognized by them, allow or tolerate an exemption from community law or in any way affect it adversely. 3. The lowest minimum export price fixed for the product in question by regulation no 369/75 is also applicable to products which are larger than the minimum size but smaller than the sizes expressly listed in the annex to that regulation. 4. A national provision which fixes minimum prices for exports to third countries of certain varieties of bulbs other than those for which the commission has fixed minimum prices in regulation no 369/75, which does not create exemptions from the community system, does not limit its scope and seeks to achieve the same aim, that is, the stabilization of prices in trade with third countries , cannot be regarded as incompatible with community law. 5. In the absence of any provision in the community rules providing for specific sanctions to be imposed on individuals for a failure to observe those rules, the member states are competent to adopt such sanctions as appear to them to be appropriate.
Citations:
C-50/76, R-50/76, [1977] EUECJ R-50/76
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Cited – Commission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 June 2022; Ref: scu.214521