Transocean Marine Paint v. Commission
FACTS
-Commission granted an association of maritime paint producers a competition law exception. -When exemption expired, association requested its renewal, after review, the commission notified association of certain new conditions that producers would have to satisfy in order to have it renewed. -Later commission finally renewed provision and added an additional condition of which assocation had no prior notice of and had not commented on.
RULES The Commission, before taking decisions, shall give the undertakings or associations concerned the opportunity of being heard on all matters to which the Commission has taken objection.
-A person whose interests are perceptibly affected by a decision taken by a public authority must be given the opportunity to make his point of view known.
-Especially important in cases such as this one where conditions impose considerable obligations with far reaching effects.
Holding: The added condition was imposed in breach of procedural requirements and the Commission must be given the opportunity to reach a fresh decision on this point after hearing the observations or suggestions from association members.
ANALYSIS Infringement of the Treaty or any Rule of Law Relating to its Application
In contending that the Council or Commission has acted in violation of a law, the claimant typically means to say that the institution failed to satisfy the substantive conditions set out in the Treaty or legislative provisions governing such action.
-Commission has wide discretion in evaluating complex economic situations and its exercise of discretion should not be set aside unless clearly erroneous or manifestly abusive.
-Legislature has broad discretion where its action involves political, economic and social choices and where it is called on to undertake complex assessments and evaluations.
FACTS
-Commission granted an association of maritime paint producers a competition law exception. -When exemption expired, association requested its renewal, after review, the commission notified association of certain new conditions that producers would have to satisfy in order to have it renewed. -Later commission finally renewed provision and added an additional condition of which assocation had no prior notice of and had not commented on.
RULES The Commission, before taking decisions, shall give the undertakings or associations concerned the opportunity of being heard on all matters to which the Commission has taken objection.
-A person whose interests are perceptibly affected by a decision taken by a public authority must be given the opportunity to make his point of view known.
-Especially important in cases such as this one where conditions impose considerable obligations with far reaching effects.
Holding: The added condition was imposed in breach of procedural requirements and the Commission must be given the opportunity to reach a fresh decision on this point after hearing the observations or suggestions from association members.
ANALYSIS Infringement of the Treaty or any Rule of Law Relating to its Application
In contending that the Council or Commission has acted in violation of a law, the claimant typically means to say that the institution failed to satisfy the substantive conditions set out in the Treaty or legislative provisions governing such action.
-Commission has wide discretion in evaluating complex economic situations and its exercise of discretion should not be set aside unless clearly erroneous or manifestly abusive.
-Legislature has broad discretion where its action involves political, economic and social choices and where it is called on to undertake complex assessments and evaluations.
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