Problemy interpretacyjne zbiegu norm prawa UE z prawem krajowym na przykładzie rynku cukru
Problems of Interpretation of the EU Law Standards Confluence with the National Law on the Example of Sugar Market
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The sugar market and internal market management mechanism, including a quota system, is a regulated market both at the level of EU law as well as at the level of national law. This means both the EU law and national law rigorously shape both obligations and rights of planters of sugar beet and sugar producers. Non-compliance of the parts on the conclusion of a trade agreement has led to the need to issue by the Minister of Agriculture and Rural Development of the Regulation of March 10, 2011 on the conditions of the purchase and delivery of sugar beet for sugar production under quota sugar production (Dz.U. No. 57 item 292). With regard to the procurement contracts, concluded beet campaign of 2010‒2011, both provisions of the EU law, as well as national law apply. Sugar producers (sugar mills) cannot rely on the lack of definition of “marketing years” (in this marketing year), as they are defined in the Council Regulation (EU) 1234/2007. On the basis of the above cassation appeal was brought against the judgment of the Court of Appeal in Wrocław, the adoption of which was argued to recognize the occurrence of a significant legal issue.
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