Judgment_paragraph 15 · Syndicat national des fabricants raffineurs d'huile de graissage and others v Groupement d'intérêt économique "Inter-Huiles" and others (172/82)

15Finally, even if the approval granted by a Member State must be regarded as the grant of an exclusive right within the meaning of Article 90 (1) of the EEC Treaty, that would not exempt the Member State from the obligation to respect other provisions of Community law, particularly those relating to the free circulation of goods and those which result from Directive 75/439. As regards Article 90 (2), the Court has already held that it cannot at this stage create individual rights which the national courts must protect (Judgment of 14 July 1971, Case 10/71, Hein [1971] ECR 723).