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C-68/85 T Port v Bundesanstalt etc

[1996] ECR I-6065

Case summary last updated at 13/02/2020 20:15 by the Oxbridge Notes in-house law team.

Judgement for the case C-68/85 T Port v Bundesanstalt etc

Under a regulation the commission had the power (and sometimes had to) to increase the import quotas allocated to a company based on hardship. Because of the way the quotas were calculated, P would get an unnaturally low level of import quotas and argued that, while the commission failed to decide the matter/intervene, the national court had the power to suspend the regulation’s application to that company and give it a higher quota level. ECJ held that the national courts did not have the power to grant interim relief until such time as the Commission had dealt with cases of hardship. Only the Community judicature could ensure judicial protection. 

ECJ: In contrast to Zuckerfabric and Atlanta, the present case concerned interim protection of traders in a situation where, by virtue of a Community regulation, the existence and scope of the traders' rights had still to be established by a Commission measure which the Commission had not yet adopted. There was no treaty article allowing the national courts to refer to the ECJ the question of whether a community institution had failed to act and hence there was no ground for applying an interim measure until the ECJ had acted. 

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