The Gazette 1975

The main obstacle in dialogue within the Civil Service

itself is that Professional Civil Servants are looked at

askance by less well educated Administrators; pro-

fessionals merely give advice but do not make policy

decisions. As regards direct contact, the professions

should seek institutional development with the approval

of their Government. The national professional com-

mittees are ultimately concerned with the ultimate

political decision-making, and the fact that Ireland

is assuming the Presidency of the Council of Ministers

for the first six months of 1975 will ultimately bear

fruit. In conclusion the professions should take a flexible

long-term look at the situation. There should be a

change in the dual structure of the Civil Servants by

which professional civil servants will be given a greater

role in the formulation of policy; this will naturally

encourage dialogue. Unfortunately, as a result of lack of

funds, no proper research had been undertaken in

the Universities with regard to professional education.

Academics can undoubtedly play a vital role, as the

two Dublin colleges were constantly advising Govern-

ment Departments. It was unfortunate that some Civil

Servants were loth to part with information that should

be freely available.

In reply to a question as to whether it would be

advisable to set up Parliamentary Committees to deal

with the professions, as so many administrators were

difficult to approach, Dr. Whelan said professional

groups should have more opportunities of having

direet consultations with the Minister concerned, despite

tht fact that much dialogue had taken place with

senior civil servants.

Senator O'Higgins

said that the

voters often had a choice to elect professional people,

and, if they were not elected, the choice was not exer-

cised properly.

Mr. O'Sullivan

said it was absolutely

vital that Parliamentary Committees should be estab-

lished in the Technological, Planning and Industrial

fields.

Senator Fitzgerald

then thanked the organisers and

those who attended. This Seminar had been most useful.

English Cases on Community Law

Application Des Gaz S.A. v. Falks Veritas Ltd.

Before Lord Denning M.R., Stamp and Roskill LJJ.

[1972 A. No. 1755]

The plaintiffs, a French company, were manufac-

turers and suppliers of camping equipment, including

a blue tin can filled with liquid gas. The defendants, an

English company, for some years manufactured and

supplied, under licence from the plaintiffs, a similar tin

of a slightly different shape and paid royalties for the

licence. In 1970 the defendants began to make and

market tins of the same shape as those of the plaintiffs,

save that they were coloured orange. The plaintiffs

objected, and in April 1972 issued a writ in an action

in England for alleged infringement of their copyright

in a drawing of the tin; and they claimed delivery up,

damages for conversion, and an injunction. The defence,

delivered in June 1972, denied the copyright claim and

pleaded acquiescence and estoppel and counterclaimed

for damages for breach of an implied term of their

contract.

Before the action came to trial, the United Kingdom

by the European Communities Act, 1972, which came

into force on 1 January 1973, became a member of the

European Economic Community; and under Section 2

(1) of the Act the Treaty Establishing the European

Economic Community, known as "the Treaty of Rome",

was made part of the law of the United Kingdom.

In July 1973 the defendants applied for leave to

amend their defence and counterclaim to allege "con-

certed practices" and "abuse of dominant position" by

the plaintiffs, contrary to Articles 85 and 86 of the

Treaty; and the proposed amendments set out the

respects in which the plaintiffs were alleged to have

acted in contravention of the articles of the Treaty,

and claimed in particular that in view of the alleged

breaches of those articles the grant of relief by injunc-

tion would not be justified. Whitford J. granted the

defendants leave to amend.

On appeal by the plaintiffs :

Held,

dismissing the appeal, that where plaintiffs

claimed relief in the form of an injunction the question

whether it should be granted had to be determined by

reference to the state of the law at the date when it fell

to be decided and not at the date when the writ was

issued and, therefore, if the facts alleged in the amend-

ments were proved and it were shown that the effect

of the Treaty was, on those facts, to afford a good

defence such as to inhibit the Court from granting the

plaintiffs an injunction, the amendments should be

considered in accordance with the usual practice of the

English Courts and should in the present case be allowed

even though it might lead to additional delay and

expense and a much longer trial.

Observations on European community law and pro-

cedure.

Decision of Whitford J. affirmed.

Before the infringement action had come to trial the

United Kingdom joined the European Economic Com-

munity when on 1 January 1973 the European Commu-

nities Act, 1972, came into force.

The defendants thereupon applied to Whitford J.

for leave to amend the defence and counterclaim by

serving on the plaintiffs an amended defence and

counterclaim containing the following additional para-

graphs :

"6. The plaintiffs herein alone or in association with

their concessionaires have and at all material times