Banana Market Case

• Jurisdiction: Grecia
• Date: 01 January 1984
• Court: Council of State (Greece)

Greece, Council of State (Plenary Session).

(Kourousopoulos, President; Rotis, Vice President and Rapporteur)

Banana Market Case

Treaties Effect in municipal law EEC Treaty, 1957 Status of EEC Treaty provisions under municipal law Direct effect Provisions concerning elimination of quantitative restrictions Treaty concerning the Accession of Greece to the European Communities, 1979 Application of Community law with immediate effect from date of accession

Relationship of international law and municipal law Treaties Incorporation of provisions into municipal legal order Greek Constitution, Article 28

International organizations EEC Institutions Court of Justice of the European Communities Preliminary rulings under Article 177 of EEC Treaty Powers Interpretation of treaty provisions Binding nature of interpretation by Court of Justice for municipal courts

Economics, trade and finance Import ban Agriculture Ban on import of bananas into Greece Whether violating provisions of EEC Treaty concerning elimination of quantitative restrictions Derogations for national market organizations during transitional period Whether such organization existing for bananas The law of Greece

Summary: The facts:From 1969 the Greek authorities prohibited the import of bananas, thereby protecting the small local production of bananas and safeguarding the consumption of other locally produced fresh fruit available in large quantities. In 1981 Greece joined the European Communities and the following year a company requested permission to import a quantity of bananas into Greece. Permission was refused and the company applied to the courts to have the ministerial decision quashed. The decision was justified on the ground that the discretionary power to prohibit the import of bananas was exercised in accordance with the provisions of the general clause on the protection of agricultural products contained in the Act of Accession of Greece to the European Communities of 1979. Banana producers and their associations intervened, supporting the legality of the ministerial decision. It was agreed by all parties that there was no common market organization for bananas at the European level. The central point at issue in the case was whether or not there existed a national market organization for bananas in Greece. If so, Article 65(2) of the Act of Accession would allow, for a transitional period up to the end of 1985 and pending the establishment by that date of a common market organization for bananas, the continuation in force of quantitative restrictions on banana imports and measures having equivalent effect. Two preliminary decisions referred the case to a Plenary Session of the Council of State.

Held (by seven votes to six):The ministerial decision was fully justified in law.

(1) In accordance with the provisions of the Act of Accession, and with immediate effect from 1 January 1981, the provisions of the Treaties establishing the European Communities constituted part of the Greek legal order and took precedence over any other conflicting legislative provision, pursuant to Article 28 of the Constitution.1

(2) In its judgment of 10 December 19742 the...