ECJ When fixing monetary compensatory amounts, the commission must not only act to prevent disturbances to normal trade caused by the monetary measures adopted by the member states but also see to it that the compensatory amounts themselves are not so constituted as to provoke such disturbances or to create market conditions favourable to the formation of artificial trade flows. It is therefore not only empowered but under a duty to amend its existing legislation if it finds that improper transactions of the type described above have occurred or that there is a risk that they may occur.
In its choice of the measures to be adopted, the commission must be allowed a broad measure of discretion where the product concerned is of very limited importance for trade within the community and with non-member countries and where, furthermore, it occurs in two forms which are administratively difficult to distinguish, one of which is devoid of commercial value while the other is perfectly capable of being processed and reprocessed in a closed circuit without ever reaching the stage of final consumption.
Citations:
R-208/84, [1985] EUECJ R-208/84
Links:
European
Updated: 21 June 2022; Ref: scu.215399
