§ Mr. Teddy Taylorasked the Secretary of State for Trade if he will propose to the EEC Council of Ministers that member States which introduce measures to restrain trade, such as import deposit schemes, which are subsequently determined to be in breach of article 109 of the Treaty of Rome, should be obliged to make payments to other member States, assessed by the Commission, which are equivalent to the damage inflicted on other States during the period when the illegal measures were in force.
§ Mrs. Sally OppenheimNo; I prefer to rely on the rigorous application of the existing provisions of article 109, which enable the council to require a protective measure to be amended, suspended or abolished, as it judges appropriate, and as expeditiously as may be necessary.
It is, of course, open to any person who considers that he has suffered damage from a national measure which he regards as contrary to enforceable Community law to bring an action for redress in the appropriate national courts. The national court may, pursuant to the article 177 of the Treaty of Rome, request the European Court of Justice to give a ruling on the requirements of Community law.