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0 | 61985CJ0341 | Erik van der Stijl and Geoffrey Cullington v Commission of the European Communities. | 18 | 1989-02-28 | 18 Those arguments need not be addressed . As the Court held in its judgment of 25 November 1976 in Case 30/76 Kuester v Parliament (( 1976 )) ECR 1719, paragraph 8, those to whom a judgment of the Court annulling an act of an institution is addressed are directly concerned by the way in which the institution seeks to comply with the judgment . Since the action is directed against an act which was adopted as a result of the judgment of 7 October 1985, cited above, it must be held to be admissible, even if the contested act has in the mean time exhausted its effects .
B - The substance | 61976CJ0030 | Berthold Küster v European Parliament. | 8 | 8 IT CANNOT BE CONTESTED THAT THOSE TO WHOM A JUDGMENT OF THE COURT ANNULLING AN ACT OF AN INSTITUTION IS ADDRESSED ARE DIRECTLY CONCERNED WITH THE WAY IN WHICH THE INSTITUTION EXECUTES THE JUDGMENT .
| 1976-11-25 |
1 | 61985CJ0341 | Erik van der Stijl and Geoffrey Cullington v Commission of the European Communities. | 51 | 1989-02-28 | 51 The Court held in its judgment of 30 October 1974 in Case 188/73 Grassi v Council (( 1974 )) ECR 1099, paragraph 38 that, though the appointing authority has wide discretion in comparing the candidates' merits, it must exercise it within the self-imposed limits contained in the Notice of Vacancy . In paragraph 43 of the same judgment the Court held that if, after the event, the appointing authority found that the conditions of eligibility in the Notice of Vacancy were more exacting than the needs of the service demanded, it was entitled to reopen the procedure after withdrawing the original Notice of Vacancy and putting an amended one in its place . | 61973CJ0188 | Daniele Grassi v Council of the European Communities. | 38 | 38 IN FACT, THOUGH THE APPOINTING AUTHORITY HAS WIDE DISCRETION IN COMPARING THE CANDIDATES' MERITS AND REPORTS, ESPECIALLY WITH A VIEW TO THE POST TO BE FILLED, IT MUST EXERCISE IT WITHIN THE SELF-IMPOSED LIMITS CONTAINED IN THE NOTICE OF VACANCY . | 1974-10-30 |
2 | 61986CJ0062 | AKZO Chemie BV v Commission of the European Communities. | 16 | 1991-07-03 | 16 In that respect it should be observed that, as the Court held in Joined Cases 43 and 63/82 VBVB and VBBB v Commission [1984] ECR 19, paragraph 25, "although regard for the rights of the defence requires that the undertaking concerned shall have been enabled to make known effectively its point of view on the documents relied upon by the Commission in making the findings on which its decision is based, there are no provisions which require the Commission to divulge the contents of its files to the parties concerned". | 61982CJ0043 | Vereniging ter Bevordering van het Vlaamse Boekwezen, VBVB, and Vereniging ter Bevordering van de Belangen des Boekhandels, VBBB, v Commission of the European Communities. | 25 | 25 IN THAT CONNECTION IT MUST BE OBSERVED THAT ALTHOUGH REGARD FOR THE RIGHTS OF THE DEFENCE REQUIRES THAT THE UNDERTAKING CONCERNED SHALL HAVE BEEN ENABLED TO MAKE KNOWN EFFECTIVELY ITS POINT OF VIEW ON THE DOCUMENTS RELIED UPON BY THE COMMISSION IN MAKING THE FINDINGS ON WHICH ITS DECISION IS BASED , THERE ARE NO PROVISIONS WHICH REQUIRE THE COMMISSION TO DIVULGE THE CONTENTS OF ITS FILES TO THE PARTIES CONCERNED . IT DOES NOT APPEAR IN FACT THAT THE COMMISSION HAS MADE USE OF ANY DOCUMENT WHICH WAS NOT AVAILABLE TO THE PARTIES AND ON WHICH THEY HAVE NOT HAD THE OPPORTUNITY TO MAKE THEIR VIEWS KNOWN . THIS SUBMISSION ALSO MUST THEREFORE BE DISMISSED .
| 1984-01-17 |
3 | 61986CJ0062 | AKZO Chemie BV v Commission of the European Communities. | 51 | 1991-07-03 | 51 In its judgment in Case 31/80 L' Oréal v De Nieuwe AMCK [1980] ECR 3775, paragraph 25) the Court held that when considering the possibly dominant position of an undertaking within a particular market, "the possibilities of competition must be judged in the context of the market comprising the totality of the products which, with respect to their characteristics, are particularly suitable for satisfying constant needs and are only to a limited extent interchangeable with other products". | 61980CJ0031 | NV L'Oréal and SA L'Oréal v PVBA "De Nieuwe AMCK". | 25 | 25 AS THE COURT EMPHASIZED IN ITS JUDGMENT OF 21 FEBRUARY 1973 IN CASE 6/72 , EUROPEMBALLAGE AND CONTINENTAL CAN V COMMISSION ( 1973 ) ECR 215 , WHEN CONSIDERING THE POSSIBLY DOMINANT POSITION OF AN UNDERTAKING , THE DEFINITION OF THE MARKET IS OF FUNDAMENTAL SIGNIFICANCE . INDEED , THE POSSIBILITIES OF COMPETITION MUST BE JUDGED IN THE CONTEXT OF THE MARKET COMPRISING THE TOTALITY OF THE PRODUCTS WHICH , WITH RESPECT TO THER CHARACTERISTICS , ARE PARTICULARLY SUITABLE FOR SATISFYING CONSTANT NEEDS AND ARE ONLY TO A LIMITED EXTENT INTERCHANGEABLE WITH OTHER PRODUCTS .
| 1980-12-11 |
4 | 61986CJ0062 | AKZO Chemie BV v Commission of the European Communities. | 60 | 1991-07-03 | 60 With regard to market shares the Court has held that very large shares are in themselves, and save in exceptional circumstances, evidence of the existence of a dominant position (judgment in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, paragraph 41). That is the situation where there is a market share of 50% such as that found to exist in this case. | 61976CJ0085 | Hoffmann-La Roche & Co. AG v Commission of the European Communities. | 41 | 41FURTHERMORE ALTHOUGH THE IMPORTANCE OF THE MARKET SHARES MAY VARY FROM ONE MARKET TO ANOTHER THE VIEW MAY LEGITIMATELY BE TAKEN THAT VERY LARGE SHARES ARE IN THEMSELVES , AND SAVE IN EXCEPTIONAL CIRCUMSTANCES , EVIDENCE OF THE EXISTENCE OF A DOMINANT POSITION .
AN UNDERTAKING WHICH HAS A VERY LARGE MARKET SHARE AND HOLDS IT FOR SOME TIME , BY MEANS OF THE VOLUME OF PRODUCTION AND THE SCALE OF THE SUPPLY WHICH IT STANDS FOR - WITHOUT THOSE HAVING MUCH SMALLER MARKET SHARES BEING ABLE TO MEET RAPIDLY THE DEMAND FROM THOSE WHO WOULD LIKE TO BREAK AWAY FROM THE UNDERTAKING WHICH HAS THE LARGEST MARKET SHARE - IS BY VIRTUE OF THAT SHARE IN A POSITION OF STRENGTH WHICH MAKES IT AN UNAVOIDABLE TRADING PARTNER AND WHICH , ALREADY BECAUSE OF THIS SECURES FOR IT , AT THE VERY LEAST DURING RELATIVELY LONG PERIODS , THAT FREEDOM OF ACTION WHICH IS THE SPECIAL FEATURE OF A DOMINANT POSITION .
| 1979-02-13 |
5 | 61987CJ0290 | Commission of the European Communities v Kingdom of the Netherlands. | 8 | 1989-10-05 | 8 The Court has consistently held that an application must be founded on the same grounds and submissions as the reasoned opinion ( see the judgment of 15 December 1982 in Case 211/81 Commission v Denmark (( 1982 )) ECR 4547, in particular paragraph 14 ). | 61981CJ0211 | Commission of the European Communities v Kingdom of Denmark. | 14 | 14 IT SHOULD BE REMEMBERED THAT THE SUBJECT-MATTER OF AN APPLICATION BROUGHT UNDER ARTICLE 169 IS DETERMINED BY THE COMMISSION ' S REASONED OPINION AND THAT THEREFORE THE TWO DOCUMENTS MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .
| 1982-12-15 |
6 | 61987CJ0374 | Orkem v Commission of the European Communities. | 32 | 1989-10-18 | 32 It is necessary, however, to consider whether certain limitations on the Commission' s powers of investigation are implied by the need to safeguard the rights of the defence which the Court has held to be a fundamental principle of the Community legal order ( judgment of 9 November 1983 in Case 322/82 Michelin v Commission (( 1983 )) ECR 3461, paragraph 7 ). | 61982CJ0322 | Commission of the European Communities v Italian Republic. | 7 | 7 A TELEX MESSAGE OF 28 MAY 1980 , IN WHICH THAT LETTER WAS REFERRED TO AND A REMINDER OF 28 JULY 1980 MET WITH NO RESPONSE ON THE PART OF THE ITALIAN GOVERNMENT .
| 1983-11-15 |
7 | 61986CJ0062 | AKZO Chemie BV v Commission of the European Communities. | 69 | 1991-07-03 | 69 It should be observed that, as the Court held in its judgment in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, paragraph 91, the concept of abuse is an objective concept relating to the behaviour of an undertaking in a dominant position which is such as to influence the structure of a market where, as a result of the very presence of the undertaking in question, the degree of competition is weakened and through recourse to methods which, different from those which condition normal competition in products or services on the basis of the transactions of commercial operators, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition. | 61976CJ0085 | Hoffmann-La Roche & Co. AG v Commission of the European Communities. | 91 | 91FOR THE PURPOSE OF REJECTING THE FINDING THAT THERE HAS BEEN AN ABUSE OF A DOMINANT POSITION THE INTERPRETATION SUGGESTED BY THE APPLICANT THAT AN ABUSE IMPLIES THAT THE USE OF THE ECONOMIC POWER BESTOWED BY A DOMINANT POSITION IS THE MEANS WHEREBY THE ABUSE HAS BEEN BROUGHT ABOUT CANNOT BE ACCEPTED .
THE CONCEPT OF ABUSE IS AN OBJECTIVE CONCEPT RELATING TO THE BEHAVIOUR OF AN UNDERTAKING IN A DOMINANT POSITION WHICH IS SUCH AS TO INFLUENCE THE STRUCTURE OF A MARKET WHERE , AS A RESULT OF THE VERY PRESENCE OF THE UNDERTAKING IN QUESTION , THE DEGREE OF COMPETITION IS WEAKENED AND WHICH , THROUGH RECOURSE TO METHODS DIFFERENT FROM THOSE WHICH CONDITION NORMAL COMPETITION IN PRODUCTS OR SERVICES ON THE BASIS OF THE TRANSACTIONS OF COMMERCIAL OPERATORS , HAS THE EFFECT OF HINDERING THE MAINTENANCE OF THE DEGREE OF COMPETITION STILL EXISTING IN THE MARKET OR THE GROWTH OF THAT COMPETITION .
SECTION 4 : THE NATURE OF THE REBATES AT ISSUE | 1979-02-13 |
8 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 17 | 1989-05-11 | 17 It also appears from the case-law of the Court ( judgment of 16 December 1980 in Case 27/80 Fietje (( 1980 )) ECR 3839, paragraph 11 ) that national measures which are necessary in order to ensure that products are accurately described, avoid any confusion on the part of consumers and ensure fair trading do not infringe the principle of the free movement of goods as laid down in Article 30 et seq . of the EEC Treaty . Hence Community law does not preclude a national measure securing accurate consumer information and thereby avoiding any confusion . However, the measure in question in this case goes beyond that . | 61980CJ0027 | Criminal proceedings against Anton Adriaan Fietje. | 11 | 11 IF NATIONAL RULES RELATING TO A GIVEN PRODUCT INCLUDE THE OBLIGATION TO USE A DESCRIPTION THAT IS SUFFICIENTLY PRECISE TO INFORM THE PURCHASER OF THE NATURE OF THE PRODUCT AND TO ENABLE IT TO BE DISTINGUISHED FROM PRODUCTS WITH IT MIGHT BE CONFUSED , IT MAY WELL BE NECESSARY , IN ORDER TO GIVE CONSUMERS EFFECTIVE PROTECTION , TO EXTEND THIS OBLIGATION TO IMPORTED PRODUCTS ALSO , EVEN IN SUCH A WAY AS TO MAKE NECESSARY THE ALTERATION OF THE ORIGINAL LABELS OF SOME OF THESE PRODUCTS . AT THE LEVEL OF COMMUNITY LEGISLATION , THIS POSSIBILITY IS RECOGNIZED IN SEVERAL DIRECTIVES ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO CERTAIN FOODSTUFFS AS WELL AS BY COUNCIL DIRECTIVE 79/112/EEC OF 18 DECEMBER 1978 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE LABELLING , PRESENTATION AND ADVERTISING OF FOODSTUFFS FOR SALE TO THE ULTIMATE CONSUMER ( OFFICIAL JOURNAL 1979 , L 33 , P . 1 ).
| 1980-12-16 |
9 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 19 | 1989-05-11 | 19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy . | 61987CJ0274 | Commission of the European Communities v Federal Republic of Germany. | 21 | 21 That argument cannot be accepted either . As the Court stated in its judgments in Cases 216/84 and 407/85, cited above, once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure, even if that measure is likely to support the common policy . | 1989-02-02 |
10 | 61988CJ0062 | Hellenic Republic v Council of the European Communities. | 13 | 1990-03-29 | 13 The Court held in its judgment of 26 March 1987 in Case 45/86 Commission v Council (( 1987 )) ECR 1493, paragraph 11, that in the context of the organization of the powers of the Community the choice of the legal basis for a measure must be based on objective factors which are amenable to judicial review . | 61986CJ0045 | Commission of the European Communities v Council of the European Communities. | 11 | 11 IT MUST BE OBSERVED THAT IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MAY NOT DEPEND SIMPLY ON AN INSTITUTION' S CONVICTION AS TO THE OBJECTIVE PURSUED BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW . | 1987-03-26 |
11 | 61988CJ0213 | Grand Duchy of Luxemburg v European Parliament. | 24 | 1991-11-28 | 24 It should be noted that a determination of the legal effect of the contested resolution is inseparably associated with consideration of its content (see the judgment in Case 230/81 [1983] ECR 255, at paragraph 30). | 61981CJ0230 | Grand Duchy of Luxembourg v European Parliament. | 30 | 30 IN THAT RESPECT IT MUST BE OBSERVED THAT A DETERMINATION OF THE LEGAL EFFECT OF THE CONTESTED RESOLUTION IS INSEPARABLY ASSOCIATED WITH CONSIDERATION OF ITS CONTENT AND OBSERVANCE OF THE RULES ON COMPETENCE . IT IS THEREFORE NECESSARY TO PROCEED TO CONSIDERATION OF THE SUBSTANCE OF THE CASE .
SUBSTANCE | 1983-02-10 |
12 | 61988CJ0262 | Douglas Harvey Barber v Guardian Royal Exchange Assurance Group. | 19 | 1990-05-17 | 19 In the case of ex gratia payments by the employer, it is clear from the judgment of 9 February 1982 in Case 12/81 Garland, cited above, paragraph 10, that Article 119 also applies to advantages which an employer grants to workers although he is not required to do so by contract . | 61981CJ0012 | Eileen Garland v British Rail Engineering Limited. | 10 | 10 THE ARGUMENT THAT THE FACILITIES ARE NOT RELATED TO A CONTRACTUAL OBLIGATION IS IMMATERIAL . THE LEGAL NATURE OF THE FACILITIES IS NOT IMPORTANT FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 119 PROVIDED THAT THEY ARE GRANTED IN RESPECT OF THE EMPLOYMENT .
| 1982-02-09 |
13 | 61988CJ0297 | Massam Dzodzi v Belgian State. | 64 | 1990-10-18 | 64 That authority must deliver an opinion which, as is evident from the objectives of the system provided for by the directive, must be duly notified to the person concerned ( judgment in Joined Cases 115 and 116/81 Adoui and Cornuaille v Belgium [1982] ECR 1665, paragraph 18 ). | 61981CJ0115 | Rezguia Adoui v Belgian State and City of Liège; Dominique Cornuaille v Belgian State. | 18 | 18 AS REGARDS THE FORM OF THE OPINION OF THE COMPETENT AUTHORITY , IT IS EVIDENT FROM THE OBJECTIVES OF THE SYSTEM PROVIDED FOR BY THE DIRECTIVE THAT THE OPINION MUST BE DULY NOTIFIED TO THE PERSON CONCERNED BUT THE DIRECTIVE DOES NOT REQUIRE THE OPINION TO IDENTIFY BY NAME THE MEMBERS OF THE AUTHORITY OR INDICATE THEIR PROFESSIONAL STATUS .
| 1982-05-18 |
14 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 19 | 1989-05-11 | 19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy . | 61987CJ0274 | Commission of the European Communities v Federal Republic of Germany. | 22 | 22 It is also clear from those judgments that, even if they support a common policy of the Community, national measures may not conflict with one of the fundamental principles of the Community - in this case that of the free movement of goods - unless they are justified by reasons recognized by Community law . As found above, this is not the position with the provisions at issue in the present case . | 1989-02-02 |
15 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 19 | 1989-05-11 | 19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy . | 61985CJ0407 | 3 Glocken GmbH and Gertraud Kritzinger v USL Centro-Sud and Provincia autonoma di Bolzano. | 26 | 26 It should further be pointed out that, as the Court held in its judgment of 23 February 1988 in Case 216/84 ( Commission v French Republic ) (( 1988 )) ECR 793 ), once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure even if that measure is likely to support the common policy of the Community . It is for the Community and not for a Member State to seek a solution to the problem described above in the context of the common agricultural policy . | 1988-07-14 |
16 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 19 | 1989-05-11 | 19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy . | 61984CJ0216 | Commission of the European Communities v French Republic. | 18 | 18 AS FOR THE FRENCH GOVERNMENT' S ARGUMENT THAT THE PROHIBITION ON THE MARKETING OF MILK SUBSTITUTES IN FRANCE IS CONSONANT WITH THE COMMON AGRICULTURAL POLICY, IT MUST FIRST BE OBSERVED THAT MILK PRODUCTS ARE SUBJECT TO A COMMON ORGANIZATION OF THE MARKET, WHICH IS DESIGNED TO STABILIZE THE MILK MARKET, INTER ALIA BY MEANS OF INTERVENTION MEASURES . IT APPEARS FROM THE ESTABLISHED CASE-LAW OF THE COURT THAT ONCE THE COMMUNITY HAS ESTABLISHED A COMMON MARKET ORGANIZATION IN A PARTICULAR SECTOR, THE MEMBER STATES MUST REFRAIN FROM TAKING ANY UNILATERAL MEASURE WHICH CONSEQUENTLY FALLS WITHIN THE COMPETENCE OF THE COMMUNITY .
IT IS THEREFORE FOR THE COMMUNITY AND NOT FOR A MEMBER STATE TO SEEK A SOLUTION TO THIS PROBLEM IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY . | 1988-02-23 |
17 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 29 | 1990-11-13 | 29 As regards the alleged inadequacy of the statement of reasons, the Court has already held at paragraphs 28 and 36 of its judgment in United Kingdom v Council that the reasons for the directive are sufficiently stated since its preamble gives a sufficiently clear statement of the objectives pursued . | 61986CJ0068 | United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. | 36 | 36 IT FOLLOWS FROM THE FOREGOING THAT THE REASONS FOR THE DIRECTIVE ARE SUFFICIENTLY STATED . THE SECOND SUBMISSION MUST THEREFORE BE REJECTED .
THE PRINCIPLE OF LEGITIMATE EXPECTATIONS | 1988-02-23 |
18 | 61989CJ0128 | Commission of the European Communities v Italian Republic. | 18 | 1990-07-12 | 18 National rules or practices adopted in order to achieve one of the objectives referred to in Article 36 of the EEC Treaty are compatible with that Treaty only in so far as they do not exceed the limits of what is appropriate and necessary in order to achieve the desired objective ( see, for example, the judgment in Case 104/75 De Peijper [1976] ECR 613, paragraphs 16 and 17 ). | 61975CJ0104 | Adriaan de Peijper, Managing Director of Centrafarm BV. | 17 | 17 NATIONAL RULES OR PRACTICES DO NOT FALL WITHIN THE EXCEPTION SPECIFIED IN ARTICLE 36 IF THE HEALTH AND LIFE OF HUMANS CAN AS EFFECTIVELY PROTECTED BY MEASURES WHICH DO NOT RESTRICT INTRA-COMMUNITY TRADE SO MUCH .
| 1976-05-20 |
19 | 61989CJ0186 | W. M. van Tiem v Staatssecretaris van Financiën. | 17 | 1990-12-04 | 17 In that respect it should first of all be underlined that Article 4 of the Sixth Directive confers a very wide scope on value added tax, comprising all stages of production, distribution and the provision of services ( see the judgments of the Court in Case 235/85 Commission v Netherlands [1987] ECR 1487, paragraph 7, and in Case 348/87 Stichting Uitvoering Financiële Acties v Staatssecretaris van Financiën [1989] ECR 1737, paragraph 10 ). | 61985CJ0235 | Commission of the European Communities v Kingdom of the Netherlands. | 7 | 7 "ECONOMIC ACTIVITIES" ARE DEFINED IN ARTICLE 4 ( 2 ) AS ALL ACTIVITIES OF PRODUCERS, TRADERS AND PERSONS SUPPLYING SERVICES, INCLUDING INTER ALIA THE ACTIVITIES OF THE PROFESSIONS . | 1987-03-26 |
20 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 19 | 1989-05-11 | 19 With regard to the German Government' s argument to the effect that the prohibition on the marketing of the products at issue is necessary in order to achieve the objectives of the common agricultural policy, the Court has already held in the judgments of 23 February 1988 in Case 216/84 Commission v France, cited above, paragraphs 18 and 19, of 14 July 1988 in Case 407/85 Drei Glocken v USL Centro-Sud (( 1988 )) ECR 4233, paragraph 26 and of 2 February 1989 in Case 274/87 Commission v Germany (( 1989 )) ECR 0000, paragraphs 21 and 22 that once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure which consequently falls within the competence of the Community . It is therefore for the Community and not for a Member State to seek a solution to any problem in the context of the common agricultural policy . | 61984CJ0216 | Commission of the European Communities v French Republic. | 19 | 19 IN THIS CONNECTION, IT MUST BE ADDED THAT, EVEN IF THEY SUPPORT A COMMON POLICY OF THE COMMUNITY, NATIONAL MEASURES MAY NOT CONFLICT WITH ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY - IN THIS CASE THAT OF THE FREE MOVEMENT OF GOODS - UNLESS THEY ARE JUSTIFIED BY REASONS RECOGNIZED BY COMMUNITY LAW . | 1988-02-23 |
21 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 8 | 1989-05-11 | 8 Reference should be made in that regard to the established case-law of the Court, set out most recently in the judgments of 7 May 1987 in Case 186/85 Commission v Belgium (( 1987 )) ECR 2029, paragraph 13 and of 14 July 1988 in Case 298/86 Commission v Belgium (( 1988 )) ECR 4343, paragraph 10, according to which the scope of an action brought under Article 169 of the Treaty is delimited by the preliminary administrative procedure provided for by that article . The Commission' s reasoned opinion and its application must be founded on the same grounds and submissions and it follows that the Court cannot consider a complaint that was not formulated in the reasoned opinion . | 61985CJ0186 | Commission of the European Communities v Kingdom of Belgium. | 13 | 13 THE COURT HAS CONSISTENTLY HELD ( IN PARTICULAR IN ITS JUDGMENT OF 7 FEBRUARY 1984 IN CASE 166/82 COMMISSION V ITALY (( 1984 )) ECR 459 ) THAT THE SCOPE OF AN ACTION BROUGHT UNDER ARTICLE 169 OF THE TREATY IS DELIMITED BY THE PRELIMINARY ADMINISTRATIVE PROCEDURE PROVIDED FOR BY THAT ARTICLE AND THAT THE COMMISSION' S REASONED OPINION AND ITS APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS . IT FOLLOWS THAT THE COURT CANNOT CONSIDER, IN THESE PROCEEDINGS, A COMPLAINT THAT WAS NOT FORMULATED IN THE REASONED OPINION . | 1987-05-07 |
22 | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 8 | 1989-05-11 | 8 Reference should be made in that regard to the established case-law of the Court, set out most recently in the judgments of 7 May 1987 in Case 186/85 Commission v Belgium (( 1987 )) ECR 2029, paragraph 13 and of 14 July 1988 in Case 298/86 Commission v Belgium (( 1988 )) ECR 4343, paragraph 10, according to which the scope of an action brought under Article 169 of the Treaty is delimited by the preliminary administrative procedure provided for by that article . The Commission' s reasoned opinion and its application must be founded on the same grounds and submissions and it follows that the Court cannot consider a complaint that was not formulated in the reasoned opinion . | 61985CJ0186 | Commission of the European Communities v Kingdom of Belgium. | 10 | 10 THE COMMISSION TOOK THE VIEW THAT THE ROYAL DECREES OF 15 JULY AND 19 NOVEMBER 1982 WERE INCOMPATIBLE WITH ARTICLE 67*(2 ) AND THE SECOND PARAGRAPH OF ARTICLE 68 OF THE STAFF REGULATIONS AND WITH ARTICLE 20 OF THE CONDITIONS OF EMPLOYMENT, AND THAT THEIR IMPLEMENTATION HAD BEEN CONTRARY TO ARTICLE 5 OF THE EEC TREATY AND ARTICLES 15 AND 19 OF THE PROTOCOL, AND THEREFORE GAVE THE BELGIAN GOVERNMENT FORMAL NOTICE TO THAT EFFECT BY LETTER OF 15 FEBRUARY 1983 . AS THE BELGIAN GOVERNMENT DENIED THAT IT WAS AT FAULT, THE COMMISSION ISSUED A REASONED OPINION UNDER ARTICLE 169 OF THE EEC TREATY ON 29 NOVEMBER 1984 . IN RESPONSE TO THE OBSERVATIONS OF THE BELGIAN GOVERNMENT, WHICH MAINTAINED ITS VIEW, THE COMMISSION BROUGHT THIS ACTION BEFORE THE COURT . | 1987-05-07 |
23 | 61986CJ0121 | Anonymos Etaireia Epichirisseon Metalleftikon Viomichanikon kai Naftiliakon AE and others v Council of the European Communities. | 22 | 1989-11-28 | 22 In that connection it should be pointed out that, as the Court held in its judgment of 12 May 1989 in Case 246/87 Continentale Produkten-Gesellschaft Erhardt-Renken GmbH & Co . v Hauptzollamt Muenchen-West (( 1989 )) ECR , paragraph 8 ) the period of one year mentioned in Article 7(9 ) of the basic regulation is a guide rather than a mandatory period . That interpretation is borne out both by the wording of the provision, according to which the investigation is "normally" to be concluded within that period, and by the nature of the anti-dumping proceeding whose progress does not depend solely on the efforts of the Community authorities . It should, however, be pointed out that it follows from that provision that the anti-dumping proceeding must not be extended beyond a reasonable period to be assessed according to the particular circumstances of each case . | 61987CJ0246 | Continentale Produkten-Gesellschaft Erhardt-Renken GmbH & Co. v Hauptzollamt München-West. | 8 | 8 With regard to that objection it should be observed that the period mentioned in Article 7(9 ) of the basic regulation is a guide rather than a mandatory period . This is clear both from the wording of the provision in question, which uses the word "normally", and from the nature of the anti-dumping proceeding itself, whose progress does not depend solely on the efforts of the Community authorities . However, it follows from Article 7(9 ) that the anti-dumping proceeding must not be extended beyond a reasonable period to be assessed according to the particular circumstances of each case . | 1989-05-12 |
24 | 61989CJ0200 | FUNOC v Commission of the European Communities. | 14 | 1990-10-11 | 14 In this submission, the applicant is disregarding the fact that, as the Court recognized in Case 48/69 ICI v Commission [1972] ECR 619, paragraphs 10 to 14 and in Case 8/72 Cementhandelaren v Commission [1972] ECR 977, paragraphs 10 to 14, delegation of signature is the normal means whereby the Commission exercises its powers . The applicant has not provided any evidence to show that the Community administration failed to comply with the relevant rules in this case . | 61969CJ0048 | Imperial Chemical Industries Ltd. v Commission of the European Communities. | 13 | 13 THEREFORE THAT OFFICIAL DID NOT ACT PURSUANT TO A DELEGATION OF POWERS BUT SIMPLY SIGNED AS A PROXY ON AUTHORITY RECEIVED FROM THE COMMISSIONER RESPONSIBLE . | 1972-07-14 |
25 | 61989CJ0200 | FUNOC v Commission of the European Communities. | 14 | 1990-10-11 | 14 In this submission, the applicant is disregarding the fact that, as the Court recognized in Case 48/69 ICI v Commission [1972] ECR 619, paragraphs 10 to 14 and in Case 8/72 Cementhandelaren v Commission [1972] ECR 977, paragraphs 10 to 14, delegation of signature is the normal means whereby the Commission exercises its powers . The applicant has not provided any evidence to show that the Community administration failed to comply with the relevant rules in this case . | 61972CJ0008 | Vereeniging van Cementhandelaren v Commission of the European Communities. | 12 | 12 THAT OFFICIAL THEREFORE ACTED NOT UNDER A DELEGATION OF POWERS, BUT MERELY UNDER AN AUTHORIZATION TO SIGN WHICH HE HAD RECEIVED FROM THE MEMBER OF THE COMMISSION . | 1972-10-17 |
26 | 61986CJ0121 | Anonymos Etaireia Epichirisseon Metalleftikon Viomichanikon kai Naftiliakon AE and others v Council of the European Communities. | 8 | 1989-11-28 | 8 At the outset it should be pointed out that, in accordance with the consistent case-law of the Court ( see in particular the judgment of 14 July 1988 in Case 187/85 Fediol v Commission (( 1988 )) ECR 4155, paragraph 6 ), even though a discretion has been conferred on the Community institutions, the Court is required to verify whether or not they have observed the procedural guarantees afforded by the basic regulation and whether or not they have committed manifest errors in their assessment of the facts, have omitted to take any essential matters into consideration or have based the reasons for their decision on considerations amounting to a misuse of powers . | 61985CJ0187 | EEC Seed Crushers' and Oil Processors' Federation (Fediol) v Commission of the European Communities. | 6 | 6 Having regard to the observations of the Commission and the intervener as to the possible limits of judicial review of the decision, it should be noted that the Court has already held ( see, in particular, the judgment of 4 October 1983 in Case 191/82 Fediol v Commission (( 1983 )) ECR 2913 ) that, even though a discretion has been conferred on the Commission in the matter at issue, the Court is required to verify whether or not it has observed the procedural guarantees granted to complainants by the Community provisions in question, has committed manifest errors in its assessment of the facts, has omitted to take into consideration any essential matters of such a nature as to give rise to a belief in the existence of subsidization or has based the reasons for its decision on considerations amounting to a misuse of powers . It is in that context that the applicant' s submission to the effect that the Commission failed to take account of essential matters of such a nature as to give rise to a belief in the existence of a subsidy within the meaning of Article 3 of Regulation No 2176/84 falls to be examined .
Differential taxes on exports of soya-based products | 1988-07-14 |
27 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 13 | 1990-07-11 | 13 As regards Neotype' s interest in contesting the provisional regulation, it should be stated that, as the amounts secured as provisional anti-dumping duties were collected, in accordance with Article 2(1 ) of the definitive regulation, at the rate of duty definitively imposed, Neotype may place no reliance on any legal effect arising out of the provisional regulation ( see the judgments in Case 56/85 Brother v Commission [1988] ECR 5655, paragraph 6, and in Joined Cases 294/86 and 77/87 Technointorg v Commission and Council [1988] ECR 6077, paragraph 12 ). | 61985CJ0056 | Brother Industries Ltd v Commission of the European Communities. | 6 | 6 In those circumstances, and in view of the fact that the amounts secured by the provisional anti-dumping duty were collected, pursuant to Article 2 of Regulation No 1698/85, at the rate of duty definitively imposed, which in the case of Brother was lower than the rate set provisionally, it must be held that Brother cannot rely on any legal effect resulting from Regulation No 3643/84 . | 1988-10-05 |
28 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 13 | 1990-07-11 | 13 As regards Neotype' s interest in contesting the provisional regulation, it should be stated that, as the amounts secured as provisional anti-dumping duties were collected, in accordance with Article 2(1 ) of the definitive regulation, at the rate of duty definitively imposed, Neotype may place no reliance on any legal effect arising out of the provisional regulation ( see the judgments in Case 56/85 Brother v Commission [1988] ECR 5655, paragraph 6, and in Joined Cases 294/86 and 77/87 Technointorg v Commission and Council [1988] ECR 6077, paragraph 12 ). | 61986CJ0294 | Technointorg v Commission and Council of the European Communities. | 12 | 12 In that regard it must be stated that, in view of the fact that the amounts secured by way of provisional anti-dumping duty have been collected, by virtue of Article 2 of the definitive regulation, at the rate of the duty definitively imposed, Technointorg cannot rely on any legal effect arising from the provisional regulation . | 1988-10-05 |
29 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 19 | 1990-07-11 | 19 According to the Court' s consistent case-law, regulations imposing an anti-dumping duty, although by their nature and scope of a legislative nature, are of direct and individual concern inter alia to those importers whose resale prices for the products in question form the basis of the constructed export price, pursuant to Article 2(8)(b ) of Regulation No 2176/84, where exporter and importer are associated ( see judgments in Case 118/77 ISO v Council [1979] ECR 1277, paragraph 16, and in Cases 239 and 275/82 Allied Corporation v Commission [1984] ECR 1005, paragraphs 11 and 15, and the orders of the Court in Case 279/86 Sermes v Commission [1987] ECR 3109, paragraphs 14 to 16, and Case 301/86 Frimodt Pedersen v Commission [1987] ECR 3123, paragraphs 14 to 16 ). | 61977CJ0118 | Import Standard Office (ISO) v Council of the European Communities. | 16 | 16IN THESE CIRCUMSTANCES IT IS NECESSARY TO CONSIDER THAT THE MEASURES WHICH REFER PARTICULARLY TO NACHI ' S PRODUCTS AND ARE OF DIRECT AND INDIVIDUAL CONCERN TO NACHI ARE OF DIRECT AND INDIVIDUAL CONCERN TO I.S.O . | 1979-03-29 |
30 | 61989CJ0235 | Commission of the European Communities v Italian Republic. | 23 | 1992-02-18 | 23 In that respect such provisions constitute measures having an effect equivalent to quantitative restrictions on imports within the meaning of Article 30 of the Treaty (Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5). | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
31 | 61989CJ0238 | Pall Corp. v P. J. Dahlhausen & Co. | 11 | 1990-12-13 | 11 The Court has consistently held since its judgment in Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5, that the prohibition of all measures having equivalent effect laid down in Article 30 of the Treaty covers all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade . | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
32 | 61989CJ0287 | Commission of the European Communities v Kingdom of Belgium. | 16 | 1991-05-07 | 16 It must be recalled, in that respect, that the prohibition, laid down in those provisions, of measures having equivalent effect to quantitative restrictions applies, as the Court has consistently held, to any measure capable of hindering, directly or indirectly, actually or potentially, imports between Member States (judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5). | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
33 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 31 | 1990-07-11 | 31 That reasoning cannot be accepted . The size of the domestic market is not in principle a factor capable of being taken into consideration in the choice of a reference country as determined by Article 2(5 ), in so far as during the period of the investigation there is a sufficient number of transactions to ensure the representative nature of the market in relation to the exports in question . In that context it should be remembered that, in the judgment in Case 250/85 Brother v Commission [1988] ECR 5683, paragraphs 12 and 13, the Court rejected the challenge against the institutions' practice of fixing the minimum level of representativity of the domestic market, for the purposes of calculating the normal value in accordance with Article 2(3 ) of Regulation No 2176/84, at 5% of the exports in question . It is apparent neither from the file nor from the arguments put forward before the Court that the Yugoslav market was not representative in the abovementioned sense . | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 12 | 12 The documents before the Court do not support Brother' s allegation that domestic sales, taken into consideration in order to determine the normal value of its products, did not exceed the threshold of negligible sales . That is true only if the threshold of negligible domestic sales were fixed at the figure advocated by Brother of 5% of total exports to all destinations taken together, but such an approach has never been adopted by the Community institutions, which in this case referred to 5% of total exports to the Community . | 1988-10-05 |
34 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 31 | 1990-07-11 | 31 That reasoning cannot be accepted . The size of the domestic market is not in principle a factor capable of being taken into consideration in the choice of a reference country as determined by Article 2(5 ), in so far as during the period of the investigation there is a sufficient number of transactions to ensure the representative nature of the market in relation to the exports in question . In that context it should be remembered that, in the judgment in Case 250/85 Brother v Commission [1988] ECR 5683, paragraphs 12 and 13, the Court rejected the challenge against the institutions' practice of fixing the minimum level of representativity of the domestic market, for the purposes of calculating the normal value in accordance with Article 2(3 ) of Regulation No 2176/84, at 5% of the exports in question . It is apparent neither from the file nor from the arguments put forward before the Court that the Yugoslav market was not representative in the abovementioned sense . | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 13 | 13 As regards the argument relating to reference to the United States practice in such matters, it should be noted that the attitude of one of its trading partners, even a major partner, does not suffice to oblige the Community to follow the same course . | 1988-10-05 |
35 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 40 | 1990-07-11 | 40 On that point it should be recalled that, in its judgment in Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, paragraph 53, the Court held that, in determining a dumping margin, the institutions may take into account the official rates of exchange on the basis of which international commercial transactions are carried out . | 61984CJ0255 | Nachi Fujikoshi Corporation v Council of the European Communities. | 53 | 53 IN THAT REGARD IT SHOULD BE POINTED OUT THAT THE PURPOSE OF DEFINING A DUMPING MARGIN IS TO CORRECT THE EFFECT WHICH IMPORTS OF PRODUCTS FROM NON-MEMBER COUNTRIES AT DUMPED PRICES ACTUALLY HAD ON THE CORRESPONDING COMMUNITY INDUSTRY . THAT EFFECT CAN ONLY BE ASSESSED IN THE LIGHT OF THE OFFICIAL EXCHANGE RATES ON THE BASIS OF WHICH INTERNATIONAL TRADE TRANSACTIONS TAKE PLACE . | 1987-05-07 |
36 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 45 | 1990-07-11 | 45 In that respect the Court has consistently held ( see in particular the judgments in Nachi Fujikoshi v Council, cited above, paragraph 39 and in Case C-156/87 Gestetner v Commission [1990] ECR I-781, paragraph 69 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such as way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction . | 61984CJ0255 | Nachi Fujikoshi Corporation v Council of the European Communities. | 39 | 39 NEXT, IT SHOULD BE RECALLED, AS REGARDS THE COMPLAINT THAT THE STATEMENT OF REASONS WAS INADEQUATE, THAT THE COURT HAS CONSISTENTLY HELD, IN PARTICULAR IN ITS JUDGMENT OF 26 JUNE 1986 IN CASE 203/85 NICOLET INSTRUMENT V HAUPTZOLLAMT FRANKFURT-AM-MAIN (( 1986 )) ECR 2049, THAT THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS, AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION . | 1987-05-07 |
37 | 61989CJ0300 | Commission of the European Communities v Council of the European Communities. | 17 | 1991-06-11 | 17 As the Court held in Case 165/87 Commission v Council [1988] ECR 5545, paragraph 11, where an institution' s power is based on two provisions of the Treaty, it is bound to adopt the relevant measures on the basis of the two relevant provisions. However, that ruling is not applicable to the present case. | 61987CJ0165 | Commission of the European Communities v Council of the European Communities. | 11 | 11 It may be added that where an institution' s power is based on two provisions of the Treaty, it is bound to adopt the relevant measures on the basis of the two relevant provisions . | 1988-09-27 |
38 | 61989CJ0306 | Commission of the European Communities v Hellenic Republic. | 7 | 1991-12-10 | 7 In that respect, it should be pointed out that experts' reports regarding traffic accidents are not binding on the courts. They leave the discretion of the judicial authority and the free exercise of judicial power intact. The activity in question cannot therefore be regarded as participating in the exercise of official authority within the meaning of Article 55 of the EEC Treaty (see, with regard to the activities typical of the profession of avocat, the judgment in Case 2/74 Reyners v Belgian State [1974] ECR 631, paragraphs 52 and 53). | 61974CJ0002 | Jean Reyners v Belgian State. | 53 | 53 THE EXERCISE OF THESE ACTIVITIES LEAVES THE DISCRETION OF JUDICIAL AUTHORITY AND THE FREE EXERCISE OF JUDICIAL POWER INTACT . | 1974-06-21 |
39 | 61989CJ0363 | Danielle Roux v Belgian State. | 12 | 1991-02-05 | 12 As the Court held in the Royer judgment, cited above (at paragraph 33), the grant of a residence permit is to be regarded not as a measure giving rise to rights but as a measure by a Member State serving to prove the individual position of a national of another Member State with regard to provisions of Community law. | 61975CJ0048 | Jean Noël Royer. | 33 | 33 THE GRANT OF THIS PERMIT IS THEREFORE TO BE REGARDED NOT AS A MEASURE GIVING RISE TO RIGHTS BUT AS A MEASURE BY A MEMBER STATE SERVING TO PROVE THE INDIVIDUAL POSITION OF A NATIONAL OF ANOTHER MEMBER STATE WITH REGARD TO PROVISIONS OF COMMUNITY LAW .
| 1976-04-08 |
40 | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 45 | 1990-07-11 | 45 In that respect the Court has consistently held ( see in particular the judgments in Nachi Fujikoshi v Council, cited above, paragraph 39 and in Case C-156/87 Gestetner v Commission [1990] ECR I-781, paragraph 69 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such as way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction . | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 69 | 69 The Court has consistently held ( see in particular the judgment of 26 June 1986 in Case 203/85 Nicolet Instrument (( 1986 )) ECR 2049, paragraph 10 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction . | 1990-03-14 |
41 | 61987CJ0046 | Hoechst AG v Commission of the European Communities. | 14 | 1989-09-21 | 14 In interpreting Article 14 of Regulation No 17, regard must be had in particular to the rights of the defence, a principle whose fundamental nature has been stressed on numerous occasions in the Court' s decisions ( see, in particular, the judgment of 9 November 1983 in Case 322/81 Michelin v Commission (( 1983 )) ECR 3461, paragraph 7 ). | 61981CJ0322 | NV Nederlandsche Banden Industrie Michelin v Commission of the European Communities. | 7 | 7 IN THIS REGARD IT SHOULD BE RECALLED THAT THE NECESSITY TO HAVE REGARD TO THE RIGHTS OF THE DEFENCE IS A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH THE COMMISSION MUST OBSERVE IN ADMINISTRATIVE PROCEDURES WHICH MAY LEAD TO THE IMPOSITION OF PENALTIES UNDER THE RULES OF COMPETITION LAID DOWN IN THE TREATY . ITS OBSERVANCE REQUIRES INTER ALIA THAT THE UNDERTAKING CONCERNED MUST HAVE BEEN ENABLED TO EXPRESS ITS VIEWS EFFECTIVELY ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS ALLEGATION OF AN INFRINGEMENT .
| 1983-11-09 |
42 | 61987CJ0046 | Hoechst AG v Commission of the European Communities. | 64 | 1989-09-21 | 64 Such conduct is incompatible with the obligation imposed upon all persons subject to Community law to acknowledge that measures adopted by the institutions are fully effective so long as they have not been declared invalid by the Court and to recognize their enforceability unless the Court has decided to suspend the operation of the said measures ( see, in particular, the judgment of 13 February 1979 in Case 101/78 Granaria v Hoofdproduktschap voor Akkerbouwprodukten (( 1979 )) ECR 623, paragraph 5 ) and cannot be justified on the basis of superior legal interests . | 61978CJ0101 | Granaria BV v Hoofdproduktschap voor Akkerbouwprodukten. | 5 | 5THUS IT FOLLOWS FROM THE LEGISLATIVE AND JUDICIAL SYSTEM ESTABLISHED BY THE TREATY THAT , ALTHOUGH RESPECT FOR THE PRINCIPLE OF THE RULE OF LAW WITHIN THE COMMUNITY CONTEXT ENTAILS FOR PERSONS AMENABLE TO COMMUNITY LAW THE RIGHT TO CHALLENGE THE VALIDITY OF REGULATIONS BY LEGAL ACTION , THAT PRINCIPLE ALSO IMPOSES UPON ALL PERSONS SUBJECT TO COMMUNITY LAW THE OBLIGATION TO ACKNOWLEDGE THAT REGULATIONS ARE FULLY EFFECTIVE SO LONG AS THEY HAVE NOT BEEN DECLARED TO BE INVALID BY A COMPETENT COURT .
| 1979-02-13 |
43 | 61987CJ0085 | Dow Benelux NV v Commission of the European Communities. | 25 | 1989-10-17 | 25 In interpreting Article 14 of Regulation No 17, regard must be had in particular to the rights of the defence, a principle whose fundamental nature has been stressed on numerous occasions in the Court' s decisions ( see, in particular, the judgment of 9 November 1983 in Case 322/81 Michelin v Commission (( 1983 )) ECR 3461, paragraph 7 ). | 61981CJ0322 | NV Nederlandsche Banden Industrie Michelin v Commission of the European Communities. | 7 | 7 IN THIS REGARD IT SHOULD BE RECALLED THAT THE NECESSITY TO HAVE REGARD TO THE RIGHTS OF THE DEFENCE IS A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH THE COMMISSION MUST OBSERVE IN ADMINISTRATIVE PROCEDURES WHICH MAY LEAD TO THE IMPOSITION OF PENALTIES UNDER THE RULES OF COMPETITION LAID DOWN IN THE TREATY . ITS OBSERVANCE REQUIRES INTER ALIA THAT THE UNDERTAKING CONCERNED MUST HAVE BEEN ENABLED TO EXPRESS ITS VIEWS EFFECTIVELY ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS ALLEGATION OF AN INFRINGEMENT .
| 1983-11-09 |
44 | 61987CJ0085 | Dow Benelux NV v Commission of the European Communities. | 7 | 1989-10-17 | 7 It should be pointed out that, as the Court held in its judgment of 26 June 1980 in Case 136/79 National Panasonic v Commission (( 1980 )) ECR 2033, paragraph 25, Article 14(3 ) of Regulation No 17 itself lays down the essential constituents of the statement of the reasons upon which a decision ordering an investigation is based by providing that it "shall specify the subject-matter and the purpose of the investigation, appoint the date on which it is to begin and indicate the penalties provided for in Article 15(1)(c ) and Article 16(1)(d ) and the right to have the decision reviewed by the Court of Justice ". | 61979CJ0136 | National Panasonic (UK) Limited v Commission of the European Communities. | 25 | 25 ARTICLE 14 ( 3 ) OF REGULATION NO 17 ITSELF LAYS DOWN THE ESSENTIAL CONSTITUENTS OF THE STATEMENT OF THE REASONS UPON WHICH A DECISION ORDERING AN INVESTIGATION IS BASED BY PROVIDING THAT IT ' ' SHALL SPECIFY THE SUBJECT-MATTER AND THE PURPOSE OF THE INVESTIGATION , APPOINT THE DATE ON WHICH IT IS TO BEGIN AND INDICATE THE PENALTIES PROVIDED FOR IN ARTICLE 15 ( 1 ) ( C ) AND ARTICLE 16 ( 1 ) ( D ) AND THE RIGHT TO HAVE THE DECISION REVIEWED BY THE COURT OF JUSTICE ' ' .
| 1980-06-26 |
45 | 61990CJ0003 | M. J. E. Bernini v Minister van Onderwijs en Wetenschappen. | 23 | 1992-02-26 | 23 As a preliminary point, it should be borne in mind that assistance granted for maintenance and education in order to pursue university studies evidenced by a professional qualification constitutes for the student who benefits therefrom a social advantage within the meaning of Article 7(2) of Regulation No 1612/68 (see in particular the judgment in Lair, cited above, paragraph 24). | 61986CJ0039 | Sylvie Lair v Universität Hannover. | 24 | 24 It follows that such a grant constitutes a social advantage within the meaning of Article 7 ( 2 ) of Regulation No 1612/68 . | 1988-06-21 |
46 | 61990CJ0030 | Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. | 27 | 1992-02-18 | 27 In that respect such provisions constitute measures having an effect equivalent to quantitative restrictions on imports within the meaning of Article 30 of the Treaty (Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5). | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
47 | 61990CJ0043 | Commission of the European Communities v Federal Republic of Germany. | 8 | 1992-03-13 | 8 As the Court held in its judgment in Case C-347/88 Commission v Greece [1990] ECR I-4747, at paragraphs 26 to 30, an application does not satisfy that requirement if the Commission' s complaints are not accurately set out in it and simply appear by way of reference to "all the reasons set out in the letter of formal notice and in the reasoned opinion". | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 26 | 26 In its application the Commission stated that it was seeking a declaration against Greece inter alia "for all the reasons set out in the letter of formal notice and in the reasoned opinion ". | 1990-12-13 |
48 | 61987CJ0085 | Dow Benelux NV v Commission of the European Communities. | 8 | 1989-10-17 | 8 As the Court held recently in its judgment of 21 September 1989 in Joined Cases 46/87 and 227/88 Hoechst v Commission (( 1989 )) ECR 2859, paragraph 41, the Commission' s obligation to specify the subject-matter and purpose of the investigation constitutes a fundamental guarantee of the rights of the defence of the undertakings concerned . It follows that the scope of the obligation to state the reasons on which decisions ordering investigations are based cannot be restricted on the basis of considerations concerning the effectiveness of the investigation . | 61987CJ0046 | Hoechst AG v Commission of the European Communities. | 41 | 41 As has been stated above, the Commission' s obligation to specify the subject-matter and purpose of the investigation constitutes a fundamental guarantee of the rights of the defence of the undertakings concerned . It follows that the scope of the obligation to state the reasons on which decisions ordering investigations are based cannot be restricted on the basis of considerations concerning the effectiveness of the investigation . Although the Commission is not required to communicate to the addressee of a decision ordering an investigation all the information at its disposal concerning the presumed infringements, or to make a precise legal analysis of those infringements, it must none the less clearly indicate the presumed facts which it intends to investigate . | 1989-09-21 |
49 | 61987CJ0097 | Dow Chemical Ibérica, SA, and others v Commission of the European Communities. | 11 | 1989-10-17 | 11 In interpreting Article 14 of Regulation No 17, regard must be had in particular to the rights of the defence, a principle whose fundamental nature has been stressed on numerous occasions in the Court' s decisions ( see, in particular, the judgment of 9 November 1983 in Case 322/81 Michelin v Commission (( 1983 )) ECR 3461, paragraph 7 ). | 61981CJ0322 | NV Nederlandsche Banden Industrie Michelin v Commission of the European Communities. | 7 | 7 IN THIS REGARD IT SHOULD BE RECALLED THAT THE NECESSITY TO HAVE REGARD TO THE RIGHTS OF THE DEFENCE IS A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH THE COMMISSION MUST OBSERVE IN ADMINISTRATIVE PROCEDURES WHICH MAY LEAD TO THE IMPOSITION OF PENALTIES UNDER THE RULES OF COMPETITION LAID DOWN IN THE TREATY . ITS OBSERVANCE REQUIRES INTER ALIA THAT THE UNDERTAKING CONCERNED MUST HAVE BEEN ENABLED TO EXPRESS ITS VIEWS EFFECTIVELY ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS ALLEGATION OF AN INFRINGEMENT .
| 1983-11-09 |
50 | 61987CJ0097 | Dow Chemical Ibérica, SA, and others v Commission of the European Communities. | 38 | 1989-10-17 | 38 It should be pointed out that although they are invoking the Community principle of proportionality, the applicants' argument amounts in reality to saying that the validity of the contested decisions depends on an interpretation of Regulation No 17 in the light of a provision of national law . However, as the Court already decided in its judgment of 17 December 1970 in Case 11/70 Internationale Handelsgesellschaft v Einfuhr - und Vorratsstelle fuer Getreide und Futtermittel (( 1970 )) ECR 1125, paragraph 3, the validity of Community measures can only be judged in the light of Community law and, therefore, reference either to infringements of fundamental rights as formulated in the Constitution of a Member State or to the principles of a national constitutional structure cannot affect the validity of a Community measure or its effect in the territory of that State . | 61970CJ0011 | Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel. | 3 | 3 RECOURSE TO THE LEGAL RULES OR CONCEPTS OF NATIONAL LAW IN ORDER TO JUDGE THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY WOULD HAVE AN ADVERSE EFFECT ON THE UNIFORMITY AND EFFICACY OF COMMUNITY LAW . THE VALIDITY OF SUCH MEASURES CAN ONLY BE JUDGED IN THE LIGHT OF COMMUNITY LAW . IN FACT, THE LAW STEMMING FROM THE TREATY, AN INDEPENDENT SOURCE OF LAW, CANNOT BECAUSE OF ITS VERY NATURE BE OVERRIDDEN BY RULES OF NATIONAL LAW, HOWEVER FRAMED, WITHOUT BEING DEPRIVED OF ITS CHARACTER AS COMMUNITY LAW AND WITHOUT THE LEGAL BASIS OF THE COMMUNITY ITSELF BEING CALLED IN QUESTION . THEREFORE THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN A MEMBER STATE CANNOT BE AFFECTED BY ALLEGATIONS THAT IT RUNS COUNTER TO EITHER FUNDAMENTAL RIGHTS AS FORMULATED BY THE CONSTITUTION OF THAT STATE OR THE PRINCIPLES OF A NATIONAL CONSTITUTIONAL STRUCTURE . | 1970-12-17 |
51 | 61987CJ0126 | Sergio Del Plato v Commission of the European Communities. | 9 | 1989-03-10 | 9 Under the provisions of Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an appeal by an official to the Court of Justice against a decision of the appointing authority relating to him may lie only if the official has previously submitted a complaint to the appointing authority and that complaint has been rejected by express or implied decision . Under the system established by the Staff Regulations, the official must thus submit a complaint against the decision which he is contesting and appeal to the Court against the decision rejecting his complaint . When those conditions are met, the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both ( judgment of 19 January 1984 in Case 260/80 Andersen v Council (( 1984 )) ECR 177, particularly paragraphs 3 and 4 ), provided, however, that the complaint and the appeal were brought within the periods prescribed by Articles 90 and 91 of the Staff Regulations, as in this case they were ( judgment of 26 January 1989 in Case 224/87 Koutchoumoff v Commission (( 1989 )) ECR 99 ). Mr Del Plato' s application is therefore also admissible in so far as it appeals against the implied decision rejecting his complaint . | 61980CJ0260 | Ivar Andersen and others v Council of the European Communities. | 3 | 3 THE COUNCIL CONTESTS THE ADMISSIBILITY OF THE APPLICATION IN SO FAR AS IT IS DIRECTED AGAINST THE DECISION REJECTING THE COMPLAINT . THE APPLICANTS HAVE NO INTEREST IN TAKING ACTION AGAINST THAT DECISION SINCE ITS ANNULMENT WOULD IN NO WAY AFFECT THE SALARY STATEMENTS CALCULATED PURSUANT TO THE CONTESTED REGULATION .
| 1984-01-19 |
52 | 61990CJ0043 | Commission of the European Communities v Federal Republic of Germany. | 8 | 1992-03-13 | 8 As the Court held in its judgment in Case C-347/88 Commission v Greece [1990] ECR I-4747, at paragraphs 26 to 30, an application does not satisfy that requirement if the Commission' s complaints are not accurately set out in it and simply appear by way of reference to "all the reasons set out in the letter of formal notice and in the reasoned opinion". | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 27 | 27 Greece maintains that the complaints of which at least the gist is not set out in the application are inadmissible . | 1990-12-13 |
53 | 61990CJ0043 | Commission of the European Communities v Federal Republic of Germany. | 8 | 1992-03-13 | 8 As the Court held in its judgment in Case C-347/88 Commission v Greece [1990] ECR I-4747, at paragraphs 26 to 30, an application does not satisfy that requirement if the Commission' s complaints are not accurately set out in it and simply appear by way of reference to "all the reasons set out in the letter of formal notice and in the reasoned opinion". | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 30 | 30 It follows that the complaints set out in the letter of formal notice and in the reasoned opinion but not in the application must be declared inadmissible .
Substance
( a ) The right of the State with regard to the importation of crude oil | 1990-12-13 |
54 | 61987CJ0126 | Sergio Del Plato v Commission of the European Communities. | 9 | 1989-03-10 | 9 Under the provisions of Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an appeal by an official to the Court of Justice against a decision of the appointing authority relating to him may lie only if the official has previously submitted a complaint to the appointing authority and that complaint has been rejected by express or implied decision . Under the system established by the Staff Regulations, the official must thus submit a complaint against the decision which he is contesting and appeal to the Court against the decision rejecting his complaint . When those conditions are met, the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both ( judgment of 19 January 1984 in Case 260/80 Andersen v Council (( 1984 )) ECR 177, particularly paragraphs 3 and 4 ), provided, however, that the complaint and the appeal were brought within the periods prescribed by Articles 90 and 91 of the Staff Regulations, as in this case they were ( judgment of 26 January 1989 in Case 224/87 Koutchoumoff v Commission (( 1989 )) ECR 99 ). Mr Del Plato' s application is therefore also admissible in so far as it appeals against the implied decision rejecting his complaint . | 61980CJ0260 | Ivar Andersen and others v Council of the European Communities. | 4 | 4 THAT OBJECTION MUST BE DISMISSED . IN STAFF CASES WHERE IT IS A RULE THAT A COMPLAINT MUST NECESSARILY BE MADE BEFORE AN ACTION IS BROUGHT THE APPLICANTS ' INTEREST IN SEEKING ANNULMENT OF THE DECISION REJECTING THEIR COMPLAINT AT THE SAME TIME AS THE MEASURE ADVERSELY AFFECTING THEM CANNOT BE DENIED WHATEVER THE SPECIFIC EFFECT OF THE ANNULMENT OF SUCH A DECISION IN A GIVEN CASE .
| 1984-01-19 |
55 | 61987CJ0131 | Commission of the European Communities v Council of the European Communities. | 7 | 1989-11-16 | 7 It should be noted at the outset that in the context of the organization of the powers of the Community, the choice of the legal basis for a measure must be based on objective factors which are amenable to judicial review ( judgment of 26 March 1987 in Case 45/86 Commission v Council (( 1987 )) ECR 1493, paragraph 11 ). | 61986CJ0045 | Commission of the European Communities v Council of the European Communities. | 11 | 11 IT MUST BE OBSERVED THAT IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MAY NOT DEPEND SIMPLY ON AN INSTITUTION' S CONVICTION AS TO THE OBJECTIVE PURSUED BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW . | 1987-03-26 |
56 | 61987CJ0133 | Nashua Corporation and others v Commission and Council of the European Communities. | 14 | 1990-03-14 | 14 Regulations introducing an anti-dumping duty are legislative in nature and scope, inasmuch as they apply to all traders generally . Nevertheless, it is conceivable that some provisions of those regulations may be of direct and individual concern to those producers and exporters of the product in question who are alleged on the basis of information about their business activities to be dumping . This is true in general of producers and exporters who are able to establish that they were identified in the measures adopted by the Commission or the Council or were concerned by the preliminary investigations ( see judgments of 21 February 1984 in Joined Cases 239 and 275/82 Allied Corporation I (( 1984 )) ECR 1005, paragraphs 11 and 12, and of 23 May 1985 in Case 53/83 Allied Corporation II (( 1985 )) ECR 1621, paragraph 4 ). | 61983CJ0053 | Allied Corporation and others v Council of the European Communities. | 4 | 4 IN ITS JUDGMENT OF 21 FEBRUARY 1984 IN JOINED CASES 239 AND 275/82 , ALLIED CORPORATION AND OTHERS V COMMISSION , ( 1984 ) ECR 1005 ) THE COURT HAS ALREADY HELD THAT MEASURES IMPOSING ANTI-DUMPING DUTIES ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE CONCERNED BY THE PRELIMINARY INVESTIGATIONS .
| 1985-05-23 |
57 | 61987CJ0133 | Nashua Corporation and others v Commission and Council of the European Communities. | 15 | 1990-03-14 | 15 The same is true of those importers whose resale prices were taken into account for the construction of export prices and who are consequently concerned by the findings relating to the existence of dumping ( see judgments of 29 March 1979 in Case 118/77 ISO (( 1979 )) ECR 1277, paragraph 15, and of 21 February 1984 Allied Corporation I, cited above, paragraph 15 ). | 61977CJ0118 | Import Standard Office (ISO) v Council of the European Communities. | 15 | 15IT SHOULD BE STATED THAT NACHI AND I.S.O . ARE SUFFICIENTLY CLOSELY ASSOCIATED FOR THE COMMISSION TO HAVE CONSIDERED , DURING ITS EXAMINATION OF THE MATTER , THAT IT WAS NECESSARY TO APPLY TO THEM THE SPECIAL PROVISIONS CONCERNING EXPORT PRICES LAID DOWN IN ARTICLE 3 ( 3 ) OF THE BASIC REGULATION , REGULATION NO 459/68 . | 1979-03-29 |
58 | 61990CJ0047 | Établissements Delhaize frères and Compagnie Le Lion SA v Promalvin SA and AGE Bodegas Unidas SA. | 28 | 1992-06-09 | 28 As the Court held in Case 83/78 Pigs Marketing Board v Redmond [1978] ECR 2347, paragraph 66, Article 34 of the Treaty is directly applicable and as such confers on individuals rights which the courts of Member States must protect. | 61978CJ0083 | Pigs Marketing Board v Raymond Redmond. | 66 | 66IT SHOULD FURTHER BE STATED IN REPLY TO THE QUESTIONS RAISED BY THE RESIDENT MAGISTRATE THAT ALL THE PROVISIONS QUOTED ARE DIRECTLY APPLICABLE AND THAT AS SUCH THEY CONFER ON INDIVIDUALS RIGHTS WHICH THE COURTS OF MEMBER STATES MUST PROTECT .
| 1978-11-29 |
59 | 61990CJ0061 | Commission of the European Communities v Hellenic Republic. | 29 | 1992-04-07 | 29 As the Court has consistently held, an application brought under Article 169 of the EEC Treaty may be based only on the arguments and submissions already set forth in the reasoned opinion (judgment in Case C-347/88 Commission v Greece [1990] ECR I-4747, paragraph 16). | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 16 | 16 In that regard it must be borne in mind first of all that, as the Court has consistently held ( see, in particular, the judgment in Case C-217/88 Commission v Germany [1990] ECR I-2879, paragraph 10 ) an application brought under Article 169 of the EEC Treaty can be based only on the arguments and submissions already set forth in the reasoned opinion . | 1990-12-13 |
60 | 61990CJ0237 | Commission of the European Communities v Federal Republic of Germany. | 14 | 1992-11-24 | 14 In Case 228/87 Criminal proceedings against X [1988] ECR 5099, also concerning Directive 80/778, the Court held that derogations from the directive must be interpreted strictly (paragraph 10) and that the term "emergencies" within the meaning of Article 10(1) of the directive must be construed as meaning urgent situations in which the competent authorities are required to cope suddenly with difficulties in the supply of water intended for human consumption (paragraph 14). | 61987CJ0228 | Pretura unificata di Torino v X. | 10 | 10 Derogations from the directive are permitted only under the conditions provided for in Articles 9, 10 and 20 thereof . These provisions must be interpreted strictly . | 1988-09-22 |
61 | 61990CJ0280 | Elisabeth Hacker v Euro-Relais GmbH. | 11 | 1992-02-26 | 11 However, it must be borne in mind that the Court had previously stated, in its judgment in Case 73/77 Sanders v Van der Putte ([1977] ECR 2383, at paragraphs 15 and 16), that although those considerations explained the assignment of exclusive jurisdiction to the courts of the State in which the immovable property was situated in the case of tenancies of immovable property properly so-called, they did not apply where the principal aim of the agreement was of a different nature. | 61977CJ0073 | Theodorus Engelbertus Sanders v Ronald van der Putte. | 16 | 16 THE SAME CONSIDERATIONS DO NOT APPLY WHERE THE PRINCIPAL AIM OF THE AGREEMENT IS OF A DIFFERENT NATURE , IN PARTICULAR , WHERE IT CONCERNS THE OPERATION OF A BUSINESS .
| 1977-12-14 |
62 | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 12 | 1990-03-14 | 12 As the Court has consistently held, in particular in its judgment of 7 May 1987 in Case 258/84 Nippon Seiko v Council (( 1987 )) ECR 1923, paragraph 7, a regulation imposing different anti-dumping duties on a series of traders is of direct concern to any one of them only in respect of those provisions which impose on that trader a specific anti-dumping duty and determine the amount thereof, and not in respect of those provisions which impose anti-dumping duties on other undertakings . | 61984CJ0258 | Nippon Seiko KK v Council of the European Communities. | 7 | 7 HOWEVER, IT SHOULD BE NOTED THAT THE CONTESTED REGULATION DOES NOT LAY DOWN GENERAL RULES WHICH APPLY TO A WHOLE GROUP OF TRADERS WITHOUT DISTINGUISHING BETWEEN THEM BUT IMPOSES DIFFERENT ANTI-DUMPING DUTIES ON A SERIES OF MANUFACTURERS OR EXPORTERS OF SMALL BALL-BEARINGS ESTABLISHED IN JAPAN AND SINGAPORE WHO ARE EXPRESSLY NAMED, AND ALSO ON OTHER UNDERTAKINGS WHICH ARE NOT NAMED BUT WHICH PURSUE THE SAME ACTIVITIES IN THOSE SAME COUNTRIES . UNDER THOSE CIRCUMSTANCES IT MUST BE CONCLUDED THAT NSK IS INDIVIDUALLY CONCERNED ONLY BY THOSE PROVISIONS OF THE CONTESTED REGULATION WHICH IMPOSE ON IT A SPECIFIC ANTI-DUMPING DUTY AND DETERMINE THE AMOUNT THEREOF, AND NOT BY THOSE PROVISIONS WHICH IMPOSE ANTI-DUMPING DUTIES ON OTHER UNDERTAKINGS . | 1987-05-07 |
63 | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 17 | 1990-03-14 | 17 Regulations introducing an anti-dumping duty are legislative in nature and scope, inasmuch as they apply to all traders generally . Nevertheless, it is conceivable that some provisions of those regulations may be of direct and individual concern to those producers and exporters of the product in question who are alleged on the basis of information about their business activities to be dumping . This is true in general of producers and exporters who are able to establish that they were identified in the measures adopted by the Commission or the Council or were concerned by the preliminary investigations ( see judgments of 21 February 1984 in Joined Cases 239 and 275/82 Allied Corporation I (( 1984 )) ECR 1005, paragraphs 11 and 12, and of 23 May 1985 in Case 53/83 Allied Corporation II (( 1985 )) ECR 1621, paragraph 4 ). | 61983CJ0053 | Allied Corporation and others v Council of the European Communities. | 4 | 4 IN ITS JUDGMENT OF 21 FEBRUARY 1984 IN JOINED CASES 239 AND 275/82 , ALLIED CORPORATION AND OTHERS V COMMISSION , ( 1984 ) ECR 1005 ) THE COURT HAS ALREADY HELD THAT MEASURES IMPOSING ANTI-DUMPING DUTIES ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE CONCERNED BY THE PRELIMINARY INVESTIGATIONS .
| 1985-05-23 |
64 | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 18 | 1990-03-14 | 18 The same is true of those importers whose resale prices were taken into account for the construction of export prices and who are consequently concerned by the findings relating to the existence of dumping ( see judgments of 29 March 1979 in Case 118/77 Import Standard Office ( ISO ) (( 1979 )) ECR 1277, paragraph 15, and of 21 February 1984 Allied Corporation I, quoted above, paragraph 15 ). | 61977CJ0118 | Import Standard Office (ISO) v Council of the European Communities. | 15 | 15IT SHOULD BE STATED THAT NACHI AND I.S.O . ARE SUFFICIENTLY CLOSELY ASSOCIATED FOR THE COMMISSION TO HAVE CONSIDERED , DURING ITS EXAMINATION OF THE MATTER , THAT IT WAS NECESSARY TO APPLY TO THEM THE SPECIAL PROVISIONS CONCERNING EXPORT PRICES LAID DOWN IN ARTICLE 3 ( 3 ) OF THE BASIC REGULATION , REGULATION NO 459/68 . | 1979-03-29 |
65 | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 63 | 1990-03-14 | 63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal must be limited to verifying whether the relevant procedural rules have been complied with, whether the facts on which the choice is based have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers . | 61984CJ0255 | Nachi Fujikoshi Corporation v Council of the European Communities. | 21 | 21 IT SHOULD BE NOTED THAT THE CHOICE BETWEEN THE DIFFERENT METHODS OF CALCULATION SPECIFIED IN ARTICLE 2*(13)*(B ) OF REGULATION NO 3017/79 REQUIRES AN APPRAISAL OF COMPLEX ECONOMIC SITUATIONS . THE COURT MUST THEREFORE, AS IT HAS HELD IN PARTICULAR IN ITS JUDGMENT OF 11 JULY 1985 IN CASE 42/84 REMIA AND OTHERS V COMMISSION (( 1985 )) ECR 2545, LIMIT ITS REVIEW OF SUCH AN APPRAISAL TO VERIFYING WHETHER THE RELEVANT PROCEDURAL RULES HAVE BEEN COMPLIED WITH, WHETHER THE FACTS ON WHICH THE CHOICE IS BASED HAVE BEEN ACCURATELY STATED AND WHETHER THERE HAS BEEN A MANIFEST ERROR OF APPRAISAL OR A MISUSE OF POWERS . | 1987-05-07 |
66 | 61990CJ0284 | Council of the European Communities v European Parliament. | 12 | 1992-03-31 | 12 In that respect, it should be noted that the effect of the annulment of the act of the President of the Parliament of 11 July 1990 owing to the unlawfulness of ASB No 2/90 alleged by the Council would be to deprive that amending and supplementary budget of its validity (see the judgment in Council v Parliament, cited above, paragraph 46). | 61986CJ0034 | Council of the European Communities v European Parliament. | 46 | 46 THE EFFECT OF THE ANNULMENT OF THE ACT OF THE PRESIDENT OF THE PARLIAMENT IS TO DEPRIVE THE 1986 BUDGET OF ITS VALIDITY . IT IS THEREFORE NOT NECESSARY TO GIVE A DECISION ON THE COUNCIL ' S CLAIM FOR THE TOTAL ANNULMENT OF THE BUDGET .
| 1986-07-03 |
67 | 61990CJ0343 | Manuel José Lourenço Dias v Director da Alfândega do Porto. | 16 | 1992-07-16 | 16 Consequently, since the questions submitted by the national court concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling (see Case C-231/89 Gmurzynska-Bischer v Oberfinanzdirektion Koeln [1990] ECR I-4003, paragraph 20). | 61989CJ0231 | Krystyna Gmurzynska-Bscher v Oberfinanzdirektion Köln. | 20 | 20 Consequently, where the questions put by national courts concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling . | 1990-11-08 |
68 | 61991CJ0003 | Exportur SA v LOR SA and Confiserie du Tech SA. | 16 | 1992-11-10 | 16 The Court has consistently held (see, in the first place, Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5) that the prohibition, in Article 30 of the Treaty, of measures having an effect equivalent to quantitative restrictions covers all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade. | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
69 | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 69 | 1990-03-14 | 69 The Court has consistently held ( see in particular the judgment of 26 June 1986 in Case 203/85 Nicolet Instrument (( 1986 )) ECR 2049, paragraph 10 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction . | 61985CJ0203 | Nicolet Instrument GmbH v Hauptzollamt Frankfurt am Main - Flughafen. | 10 | 10 ALTHOUGH IT IS TRUE THAT THE COURT HAS CONSISTENTLY HELD THAT THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE REASONS ON WHICH A DECISION IS BASED MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .
| 1986-06-26 |
70 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 15 | 1992-03-10 | 15 In this connection it should be recalled that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, administrative and other general expenses need not necessarily be treated in the same way in both cases. | 61984CJ0255 | Nachi Fujikoshi Corporation v Council of the European Communities. | 14 | 14 IT MUST BE STATED FIRST THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON . | 1987-05-07 |
71 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 15 | 1992-03-10 | 15 In this connection it should be recalled that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, administrative and other general expenses need not necessarily be treated in the same way in both cases. | 61984CJ0260 | Minebea Company Limited v Council of the European Communities. | 8 | 8 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON . | 1987-05-07 |
72 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 15 | 1992-03-10 | 15 In this connection it should be recalled that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, administrative and other general expenses need not necessarily be treated in the same way in both cases. | 61984CJ0240 | NTN Toyo Bearing Company Limited and others v Council of the European Communities. | 13 | 13 IT MUST BE STATED IN THE FIRST PLACE THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON . | 1987-05-07 |
73 | 61991CJ0029 | Dr. Sophie Redmond Stichting v Hendrikus Bartol and others. | 25 | 1992-05-19 | 25 Lastly, it is for the national court to make the necessary factual appraisal, in the light of the criteria for interpretation specified by the Court, in order to establish whether or not there is a transfer in the sense indicated (judgment in Spijkers, cited above, paragraph 14). | 61985CJ0024 | Jozef Maria Antonius Spijkers v Gebroeders Benedik Abattoir CV and Alfred Benedik en Zonen BV. | 14 | 14 IT IS FOR THE NATIONAL COURT TO MAKE THE NECESSARY FACTUAL APPRAISAL , IN THE LIGHT OF THE CRITERIA FOR INTERPRETATION SET OUT ABOVE , IN ORDER TO ESTABLISH WHETHER OR NOT THERE IS A TRANSFER IN THE SENSE INDICATED ABOVE .
| 1986-03-18 |
74 | 61991CJ0106 | Claus Ramrath v Ministre de la Justice, and l'Institut des réviseurs d'entreprises. | 27 | 1992-05-20 | 27 Finally, freedom to provide services within the meaning of Article 59 et seq. of the Treaty entails the abolition of all forms of discrimination against a person providing a service by reason inter alia of the fact that he is established in a Member State other than that in which the service is to be provided (see the judgment in Case 279/80 Webb [1981] ECR 3305, paragraph 14). | 61980CJ0279 | Criminal proceedings against Alfred John Webb. | 14 | 14 THOSE ESSENTIAL REQUIREMENTS ABOLISH ALL DISCRIMINATION AGAINST THE PERSON PROVIDING THE SERVICE BY REASON OF HIS NATIONALITY OR THE FACT HE IS ESTABLISHED IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED .
| 1981-12-17 |
75 | 61991CJ0123 | Minalmet GmbH v Brandeis Ltd. | 13 | 1992-11-12 | 13 It must next be noted that, in its judgment in Case C-305/88 Lancray [1990] ECR I-2725, paragraph 18, the Court held that due service and service in sufficient time constituted two separate and concurrent safeguards for a defendant who fails to appear. The absence of one of those safeguards is therefore a sufficient ground for refusing to recognize a foreign judgment. | 61988CJ0305 | Isabelle Lancray SA v Peters und Sickert KG. | 18 | 18 It must therefore be held that the requirements of due service and service in sufficient time constitute two separate and concurrent safeguards for a defendant who fails to appear . The absence of one of those safeguards is therefore a sufficient ground for refusal to recognize a foreign judgment . | 1990-07-03 |
76 | 61991CJ0193 | Finanzamt München III v Gerhard Mohsche. | 8 | 1993-05-25 | 8 The Court has held that it follows from the structure of the Sixth Directive that Article 6(2)(a) is designed to prevent the non-taxation of business goods used for private purposes and therefore requires the taxation of the private use of such goods only where the tax paid on their acquisition was deductible (see Case 50/88 Kuehne v Finanzamt Muenchen III [1989] ECR 1925, paragraph 8). | 61988CJ0050 | Heinz Kühne v Finanzamt München III. | 8 | 8 It is clear from the structure of the Sixth Directive that that provision is designed to prevent the non-taxation of business goods used for private purposes and therefore requires the taxation of the private use of such goods only where the tax paid on their acquisition was deductible . | 1989-06-27 |
77 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 15 | 1992-03-10 | 15 In this connection it should be recalled that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, administrative and other general expenses need not necessarily be treated in the same way in both cases. | 61984CJ0258 | Nippon Seiko KK v Council of the European Communities. | 14 | 14 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON . | 1987-05-07 |
78 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 27 | 1992-03-10 | 27 As was made clear by the Court' s judgment in Case C-156/87 Gestetner v Council and Commission [1990] ECR 781, at paragraphs 32 and 33, the fact that the costs incurred by Canon Europa relate to activities pursued prior to importation does not prevent the application of Article 2(8)(b) of Regulation No 2176/84, which does not preclude the making of necessary allowances where the export price must be constructed for reasons other than those referred to in that article. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 32 | 32 It is true that the last part of Article 2(8)(b ) mentions only the allowance to be made for all costs incurred between importation and resale, whereas the activities of Mita Europe are pursued prior to importation and, on the basis that Mita Europe resells plain paper photocopiers to Gestetner, that resale takes place before importation . | 1990-03-14 |
79 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 27 | 1992-03-10 | 27 As was made clear by the Court' s judgment in Case C-156/87 Gestetner v Council and Commission [1990] ECR 781, at paragraphs 32 and 33, the fact that the costs incurred by Canon Europa relate to activities pursued prior to importation does not prevent the application of Article 2(8)(b) of Regulation No 2176/84, which does not preclude the making of necessary allowances where the export price must be constructed for reasons other than those referred to in that article. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 33 | 33 However, the allowances referred to are those inherent in the construction of an export price in the commonest cases of an association or a compensatory arrangement between the exporter and the importer or a third party . That does not mean that Article 2(8)(b ) precludes the making of necessary allowances when the export price must be constructed for other reasons . | 1990-03-14 |
80 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 32 | 1992-03-10 | 32 It should be observed in limine that it follows from the judgments in the cases cited in paragraph 15, in particular Case 260/84 Minebea v Council, at paragraph 43, that the party claiming an adjustment must prove that its claim is justified, that is to say that the difference on which it relies concerns one of the factors listed in Article 2(9) of Regulation No 2176/84, that the difference affects price comparability and lastly, if it is a question particularly of differences in conditions and terms of sale, that those differences bear a direct relationship to the sales under consideration. | 61984CJ0260 | Minebea Company Limited v Council of the European Communities. | 43 | 43 MOREOVER, WHEREAS ADJUSTMENTS REQUIRED FOR THE PURPOSE OF CONSTRUCTING THE EXPORT PRICE ARE MADE AUTOMATICALLY BY THE COMMUNITY INSTITUTIONS PURSUANT TO THE PROVISIONS OF ARTICLE 2*(8 ) OF REGULATION NO 3017/79, THE ADJUSTMENTS PROVIDED FOR BY ARTICLE 2*(10 ) MAY ALSO BE MADE ON A CLAIM BY AN INTERESTED PARTY . A PARTY MAKING SUCH A CLAIM MUST PROVE THAT ITS CLAIM IS JUSTIFIED, THAT IS TO SAY THAT THE DIFFERENCE ON WHICH IT RELIES CONCERNS ONE OF THE FACTORS LISTED BY ARTICLE 2*(9 ), THAT THE DIFFERENCE AFFECTS PRICE COMPARABILITY AND LASTLY, IF, AS IN THIS CASE, IT IS A QUESTION PARTICULARLY OF DIFFERENCES IN CONDITIONS AND TERMS OF SALE, THAT THOSE DIFFERENCES BEAR A DIRECT RELATIONSHIP TO THE SALES UNDER CONSIDERATION . | 1987-05-07 |
81 | 61987CJ0171 | Canon Inc. v Council of the European Communities. | 55 | 1992-03-10 | 55 In this connection it should be recalled that according to a consistent line of cases, referred to in particular in the judgment in Case C-156/87 Gestetner, at paragraph 69, the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 69 | 69 The Court has consistently held ( see in particular the judgment of 26 June 1986 in Case 203/85 Nicolet Instrument (( 1986 )) ECR 2049, paragraph 10 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction . | 1990-03-14 |
82 | 61991CJ0310 | Hugo Schmid v Belgiand State, represented by the Minister van Sociale Voorzorg. | 17 | 1993-05-27 | 17 Since Regulation No 1612/68 applies in general to freedom of movement for workers, it may apply to the social advantages which, at the same time, come under the specific scope of Regulation No 1408/71 (Case C-111/91 Commission v Luxembourg [1993] ECR I-817, paragraph 21). | 61991CJ0111 | Commission of the European Communities v Grand Duchy of Luxembourg. | 21 | 21 In that connection, since Regulation No 1612/68 is of general application regarding the free movement of workers, Article 7(2) thereof may apply to social advantages which, at the same time, fall specifically within the scope of Regulation No 1408/71. | 1993-03-10 |
83 | 61992CJ0285 | Criminal proceedings against Coöperatieve Zuivelindustrie "Twee Provinciën" WA. | 14 | 1993-11-17 | 14 As the Court held in its judgment in Case 298/87 (Smanor SA [1988] ECR 4489, paragraph 29), the exact meaning and scope of Article 5 of Directive 79/112 must be determined regard being had to its context and, in particular, to the directive' s general purpose and structure. This is true of all the provisions of the directive. | 61987CJ0298 | Proceedings for compulsory reconstruction against Smanor SA. | 29 | 29 Whilst it is true that this provision refers to names laid down by the national rules of Member States, its meaning and exact scope must nevertheless be determined regard being had to its context and, in particular, to the directive' s general purpose and its structure . | 1988-07-14 |
84 | 61987CJ0172 | Mita Industrial Co. Ltd v Council of the European Communities. | 11 | 1992-03-10 | 11 It emerges from the case-law of the Court, as laid down in particular in the judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 18, that the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in the country of origin or in the exporting country and consequently it is the expenses relating to sales on the domestic market which must be taken into account. Accordingly, it must be held that the institutions were right to refuse to use data relating to a market other than the domestic market of the country of origin or exporting country. | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 18 | 18 In that connection, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account . | 1988-10-05 |
85 | 61987CJ0172 | Mita Industrial Co. Ltd v Council of the European Communities. | 19 | 1992-03-10 | 19 It should be borne in mind, first of all, that in its judgment in Case C-156/87 Gestetner v Council and Commission [1990] ECR 781, at paragraph 27, concerning Mita' s sales to the OEM Gestetner, the Court pointed out that the PPCs produced by Mita were sold through Mita Europe, which handled customers' orders, sent them the invoices and received the relevant payments and that the price paid by purchasers to Mita Europe was not the same as the price invoiced by Mita Japan to Mita Europe. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 27 | 27 Plain paper photocopiers produced by Mita are sold through Mita Europe, which handles customers' orders, sends them the invoices and receives the relevant payments . However, the price paid by purchasers to Mita Europe is not the same as the price invoiced by Mita Japan to Mita Europe . | 1990-03-14 |
86 | 61987CJ0172 | Mita Industrial Co. Ltd v Council of the European Communities. | 9 | 1992-03-10 | 9 It should first be recalled that the Court held in ruling on a similar plea in law also seeking the annulment of Regulation No 535/87 in the judgment in Joined Cases C-133/87 and C-150/87 Nashua Corporation v Commission and Council [1990] ECR 719, at paragraph 33, that the institutions had taken into consideration the difference between the costs and profits associated with sales to OEMs and the equivalent figures for other sales and that it was for that purpose, and because the institutions had found it impossible to gauge that difference accurately, that in constructing the normal value of products sold to OEMs they had set the profit margin at 5% instead of its average rate, estimated at 14.6%, applied to sales under the manufacturers' own brand names. Furthermore, Mita did not adduce evidence that the level of the allowance made by the institutions was insufficient to cover all the alleged differences. | 61987CJ0133 | Nashua Corporation and others v Commission and Council of the European Communities. | 33 | 33 It is apparent from the documents before the Court that the institutions took into consideration the difference between the costs and profits associated with sales to OEMs and the equivalent figures for other sales . Indeed, it was for that purpose, and because the institutions found it impossible to gauge that difference accurately, that in constructing the normal value they set the profit margin at 5% instead of its average rate, estimated at 14.6%, and applied that margin to sales under the manufacturers' own brand names . | 1990-03-14 |
87 | 61987CJ0174 | Ricoh & Co. Ltd v Council of the European Communities. | 10 | 1992-03-10 | 10 The form of order sought in this respect by Ricoh is inadmissible in view of the fact that the Court may not issue such an order in proceedings for the review of acts of the institutions as provided for in Article 173 of the Treaty (see inter alia the judgment in Case 207/86 Apesco v Commission [1988] ECR 2151, at paragraph 31). | 61986CJ0207 | Asociación Profesional de Empresarios de Pesca Comunitarios (Apesco) v Commission of the European Communities. | 31 | 31 AS REGARDS THE CLAIMS IN THE APPLICATION IN WHICH THE COURT IS REQUESTED TO RECOGNIZE THAT THE DISCRIMINATION SUFFERED BY THE VESSELS BELONGING TO MEMBERS OF APESCO SHOULD BE BROUGHT TO AN END AND TO ORDER THE COMMISSION TO ALLOCATE TO MEMBERS OF THAT ASSOCIATION COMPENSATION, IN FUTURE PERIODICAL LISTS, FOR THE LOST DAYS' FISHING, THESE MUST BE HELD TO BE INADMISSIBLE . THE COURT MAY NOT ISSUE SUCH ORDERS IN PROCEEDINGS BASED ON ARTICLE 173 OF THE TREATY . | 1988-04-26 |
88 | 61987CJ0174 | Ricoh & Co. Ltd v Council of the European Communities. | 15 | 1992-03-10 | 15 As the Court has already held, in particular in its judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 16, the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity. | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 16 | 16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity . | 1988-10-05 |
89 | 61992CJ0411 | French Republic v Commission of the European Communities. | 15 | 1994-07-05 | 15 In Case C-203/89, the Court held (paragraph 24) that, having regard to the objective pursued by the co-responsibility levy, the question whether or not the products are placed on the market is the distinguishing criterion for determining whether or not traders are liable to pay the levy. | 61989CJ0203 | Luc Van Landschoot v NV Mera. | 24 | 24 It follows that, having regard to the objective pursued by the co-responsibility levy, the question whether or not the products are placed on the market is the distinguishing criterion for determining whether or not traders are liable to pay the levy . | 1990-09-20 |
90 | 61993CJ0051 | Meyhui NV v Schott Zwiesel Glaswerke AG. | 11 | 1994-08-09 | 11 It is settled law that the prohibition of quantitative restrictions and of all measures having equivalent effect applies not only to national measures but also to measures adopted by the Community institutions (see in particular Case 15/83 Denkavit Nederland v Hoofdproduktschap voor Akkerbouwprodukten [1984] ECR 2171, paragraph 15). | 61983CJ0015 | Denkavit Nederland BV v Hoofdproduktschap voor Akkerbouwprodukten. | 15 | 15 THE PROHIBITION OF QUANTITATIVE RESTRICTIONS ON EXPORTS AND OF ALL MEASURES HAVING EQUIVALENT EFFECT APPLIES , AS THE COURT HAS REPEATEDLY HELD , NOT ONLY TO NATIONAL MEASURES BUT ALSO TO MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS ( JUDGMENT OF 20 APRIL 1978 IN JOINED CASES 80 AND 81/77 ( 1978 ) ECR 927 ).
| 1984-05-17 |
91 | 61993CJ0062 | BP Soupergaz Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greek State. | 13 | 1995-07-06 | 13 Since the Court of Justice has no jurisdiction, in proceedings for a preliminary ruling under Article 177, to rule on the compatibility of a national measure with Community law (see, in particular, the judgment in Case C-188/91 Deutsche Shell v Hauptzollamt Hamburg-Harburg [1993] I-363, paragraph 27), it is unable to rule on the validity of that argument. | 61991CJ0188 | Deutsche Shell AG v Hauptzollamt Hamburg-Harburg. | 27 | 27 With regard to Question 4, it should be noted that, in the context of proceedings brought under Article 177 of the Treaty, the Court does not have jurisdiction to rule on the compatibility of a national measure with Community law. | 1993-01-21 |
92 | 61987CJ0174 | Ricoh & Co. Ltd v Council of the European Communities. | 44 | 1992-03-10 | 44 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 57 | 57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a management decision taken by the Xerox group of companies . However, the volume of those imports was minimal in relation to the entire range of plain paper photocopiers produced by Rank Xerox within the Community and in relation to the Community market as a whole ( 1 %), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox . | 1990-03-14 |
93 | 61987CJ0174 | Ricoh & Co. Ltd v Council of the European Communities. | 48 | 1992-03-10 | 48 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 47 | 47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985 . The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports . | 1990-03-14 |
94 | 61987CJ0174 | Ricoh & Co. Ltd v Council of the European Communities. | 68 | 1992-03-10 | 68 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited to verifying whether the relevant procedural rules have been complied with, whether the facts on which the choice is based have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 63 | 63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal must be limited to verifying whether the relevant procedural rules have been complied with, whether the facts on which the choice is based have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers . | 1990-03-14 |
95 | 61987CJ0174 | Ricoh & Co. Ltd v Council of the European Communities. | 7 | 1992-03-10 | 7 In this connection it should be recalled that as the Court has consistently held, in particular in its judgment in Case C-156/87 Gestetner v Council and Commission [1990] ECR I-781, at paragraph 12, a regulation imposing different anti-dumping duties on a series of traders is of direct concern to any one of them only in respect of those provisions which impose on that trader a specific anti-dumping duty and determine the amount thereof, and not in respect of those provisions which impose anti-dumping duties on other undertakings. | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 12 | 12 As the Court has consistently held, in particular in its judgment of 7 May 1987 in Case 258/84 Nippon Seiko v Council (( 1987 )) ECR 1923, paragraph 7, a regulation imposing different anti-dumping duties on a series of traders is of direct concern to any one of them only in respect of those provisions which impose on that trader a specific anti-dumping duty and determine the amount thereof, and not in respect of those provisions which impose anti-dumping duties on other undertakings . | 1990-03-14 |
96 | 61994CJ0277 | Z. Taflan-Met, S. Altun-Baser, E. Andal-Bugdayci v Bestuur van de Sociale Verzekeringsbank and O. Akol v Bestuur van de Nieuwe Algemene Bedrijfsvereniging. | 25 | 1996-09-10 | 25 In Case C-192/89 Sevince v Staatssecretais van Justitie [1990] ECR I-3461, paragraphs 14 and 15, the Court held that the same criteria apply in determining whether the provisions of a decision of the EEC-Turkey Association Council can have direct effect. | 61989CJ0192 | S. Z. Sevince v Staatssecretaris van Justitie. | 14 | 14 In order to be recognized as having direct effect, the provisions of a decision of the Council of Association must satisfy the same conditions as those applicable to the provisions of the Agreement itself . | 1990-09-20 |
97 | 61994CJ0313 | F.lli Graffione SNC v Ditta Fransa. | 15 | 1996-11-26 | 15 The Court of Justice has consistently held that Article 30 aims to prohibit all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5). | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
98 | 61994CJ0320 | Reti Televisive Italiane SpA (RTI) (C-320/94), Radio Torre (C-328/94), Rete A Srl (C-329/94), Vallau Italiana Promomarket Srl (C-337/94), Radio Italia Solo Musica Srl and Others (C-338/94) and GETE Srl (C-339/94) v Ministero delle Poste e Telecomunicazioni. | 22 | 1996-12-12 | 22 Consequently, where the questions put by the national court concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling (see Case C-231/89 Gmurzynska-Bscher v Oberfinanzdirektion Koeln [1990] ECR I-4003, paragraph 20). | 61989CJ0231 | Krystyna Gmurzynska-Bscher v Oberfinanzdirektion Köln. | 20 | 20 Consequently, where the questions put by national courts concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling . | 1990-11-08 |
99 | 61987CJ0175 | Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities. | 12 | 1992-03-10 | 12 As the Court has already held, in particular in its judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 16, the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity. | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 16 | 16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity . | 1988-10-05 |
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