Judgment_paragraph 83 · Antillean Rice Mills NV, Trading & Shipping Co. Ter Beek BV, European Rice Brokers AVV, Alesie Curaçao NV and Guyana Investments AVV v Commission of the European Communities (T-480/93, T-483/93)

83The applicants further emphasize that in Case 91/78 Hansen v Hauptzollamt Flensburg [1979] ECR 935, paragraph 22, the Court of Justice held that the association of the OCT was intended to extend to the countries and territories associated with the Community and to the products originating in such countries and territories the rules relating to the free movement of goods within the Community. They add that it is clear from the judgment in Joined Cases 80/77 and 81/77 Commissionnaires Réunis v Receveur des Douanes [1978] ECR 927, paragraph 19, that the objectives of free movement and of the common agricultural policy should not be set one against the other but combined, with the principle of free movement prevailing. The objectives of the association are not subsidiary to those of the common agricultural policy pursued, in the present case, by the common organization of the market in rice. In the absence of any precedence of the latter justifying a derogation from the rules of free movement of goods originating in the OCT, the only permissible exceptions to that free movement are those explicitly provided for in the Treaty.

Antillean Rice Mills NV, Trading & Shipping Co. Ter Beek BV, European Rice Brokers AVV, Alesie Curaçao NV and Guyana Investments AVV v Commission of the European Communities (T-480/93, T-483/93)

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