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Piraiki-Patraiki v Commission (1985) Case 11/82 is an EU law case, concerning judicial review in the European Union.
Greek manufacturers claimed that exports of cotton to France should not be limited, as they had entered contracts to export cotton that were not carried out, when the Commission took a decision. This decision, based on art 130 of the Greek Act of Accession, allowed France to restrict imports of cotton yarn from Greece. Piraiki-Patraiki challenged the decision.
Judgmentedit
Crucially there was an exporter that had a live contract to export, and one that did not. The Court of Justice held that the exporter with the contract was individually concerned as it was part of a closed group, and annulled the decision where it was concerned. However, the exporter without a contract, despite being directly concerned (affected by the measure), was found not to be individually concerned.
Furthermore, article 130 imposed an obligation on the Commission to take the interests of such exporters into account, and the Commission had not done so. Regarding direct concern, because possibility that France would not decide to exercise authority was ‘entirely theoretical’, the discretion was not sufficient, in this case, to preclude direct concern.
piraiki, patraiki, commission, this, article, relies, largely, entirely, single, source, relevant, discussion, found, talk, page, please, help, improve, this, article, introducing, citations, additional, sources, find, sources, news, newspapers, books, scholar. This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources Piraiki Patraiki v Commission news newspapers books scholar JSTOR May 2017 Piraiki Patraiki v Commission 1985 Case 11 82 is an EU law case concerning judicial review in the European Union Piraiki Patraiki v CommissionCourtEuropean Court of JusticeCitation s 1985 Case 11 82 1985 ECR 207KeywordsJudicial review Contents 1 Facts 2 Judgment 3 See also 4 Notes 5 ReferencesFacts editGreek manufacturers claimed that exports of cotton to France should not be limited as they had entered contracts to export cotton that were not carried out when the Commission took a decision This decision based on art 130 of the Greek Act of Accession allowed France to restrict imports of cotton yarn from Greece Piraiki Patraiki challenged the decision Judgment editCrucially there was an exporter that had a live contract to export and one that did not The Court of Justice held that the exporter with the contract was individually concerned as it was part of a closed group and annulled the decision where it was concerned However the exporter without a contract despite being directly concerned affected by the measure was found not to be individually concerned Furthermore article 130 imposed an obligation on the Commission to take the interests of such exporters into account and the Commission had not done so Regarding direct concern because possibility that France would not decide to exercise authority was entirely theoretical the discretion was not sufficient in this case to preclude direct concern See also editEuropean Union lawNotes editReferences edit Retrieved from https en wikipedia org w index php title Piraiki Patraiki v Commission amp oldid 1207674316, wikipedia, wiki, book, books, library,
