195 / 294
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.
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
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)
195