The Gazette 1972

Mercantile Marine Act, 1955, this position also obtains in respect of property in an Irish registered ship or a share therein, transmitted on death, bankruptcy or otherwise to a person who is not a qualiled person. In such a case the Higii Court may, on application by that person, order a sale of the property on his behalf; other- wise the ship or share is subject to forfeiture under the Ac. Item —Land; Relevant legislation —Land Act, 1965 (Section 45). Nature of restriction and exceptions —No interest in agricultural land may, without the written consent of the Land Commission, be transferred to any person other than an Irish citizen. Exceptions include, inter alia, transfers (a) with the written consent of the Land Commission; (b) to a person who has been ordinarily resident in Ireland for a previous continuous period of seven years; (c) to a person certified by the Minister for Industry and Commerce as having shown that the land in ques- tion will lie used for an industry other than agriculture; (d) to a person who is certified by the Land Commis- sion as having shown to their satsifaction that he is

acquiring the land for private residential purposes where the land involved does not exceed five acres; (e) to a person who succeeds to an interest in the property of a deceased, and is within a certain degree of relationship to him. Lists of restrictions in respect of Article 14 Restrictions in respect of the exercise of certain occupations Item —Sea-fishing; Relevant legislation —Fisheries (Amendment) Act, 1962 (Section 19), Agricultural Pro- ducts (Regulation of Import) Act, 1938 (Section 2), Fish (Regulation of Import) Order, 1966. Nature of restriction and exceptions —Landing of certain fish in the State is confined to Irish sea-fishing boats unless imported in accordance with licences issued by the Minister for Agriculture. Item —Tea Trading; Relevant legislation —Tea (Pur- chase and Importation) Act, 1958. Nature of restriction and exceptions —Only Irish citizens or companies which are wholly Irish-owned or controlled may be registered as tea traders. validity—Month for projected import not relevant date—Application of European Court ruling on cor- rect determination of amount forfeited. Minister for Economic Affairs v. S.A. Fromagtric Franco-Suisse 'Le Ski' (Belgian Cour de Cassation 330) Community law—Overrides but does not oust muni- cipal law—No repeal of local statute by EEC Treaty ?obligation—Primacy of international legal obligation —EEC law creates a supranational lega system— Restriction on national sovereignty—Municipal en- forcement of EEC law not a judicial review of over- ridden statute's constitutionality. Decisions Re Continental Can Co. Inc (E.C. Commission D 11) Article 86 EEC—Abuse of dominant position— Mtrgers Re the Agreement of S.á r.l. Wild Paris and SA E. Leitz France (E.C.Commission D 36) Article 85 EEC—Cooperative marketing. Legislation Draft Regulation on Limitation of Actions (D 40)

Common Market Law Reports Contents of April 1972 issue Cases Internationale Handelsgesellschaft mbH v. Einfuhr- und Vorratsstelle fiir Getreide und Futtermittel (European Court 255)

Community law—Validity of EEC laws hot suscept- ible to municiple rules or concepts—Validity judged exclusively by rules of Community legal system— Nationtl constitutionality irrelevant to EEC law— Community law infringing constitutionally guaran- teed human rights in meml>er-State no less valid— Human rights generally integral part of Common law of Community—Import licence deposits scheme— Forgciture of deposit for non-completion of import/ export licence not penal. Cie Continental (France) S.A. and another v. Hoofdproduktschap voor Akkerbouwprodukten (No. 2) (Dutch College van Beroep 325) Import licences—Computation of amount forfeitable on failure to import according to licence—Date at which advance-fixed levy calculable—Sum based on import levy applicable to last month of licence's

195