1. Article 226 constitutes an exceptional provision only as regards the nature and the extent of derogation from the treaty and not as regards the detailed rules laid down by the commission in order to achieve the protection sought. In this respect, the commission, which is bound to give priority to such measures as will least disturb the functioning of the common market, must use the means which are least likely to have an adverse effect on the state, a sector of whose economic activity is affected by the measures authorized.
With this in view, the authorization granted to the state applying to take the protective measures may be made subject to the condition, express or implied, that the state, a sector of whose economic activity is affected by these measures, does not itself prefer to apply them.
Cf. Judgment in case 13/63, paragraph 4 of summary, (1964) ECR 165.
2. Article 226 employs the term ‘ difficulties ‘ without making any distinction on the basis of whether the difficulties are caused by the application of the treaty or otherwise.
3. Article 226 constitutes a clearly stipulated exception to the prohibition against the introduction of new customs duties.
Cf. Judgment in joined cases 2 and 3/63, paragraph 3 of summary, (1962) ECR 817.
Citations:
R-74/63, [1964] EUECJ R-74/63
Links:
European
Updated: 21 June 2022; Ref: scu.214021
