ddrg/super_eurlex huggingface dataset:
Consolidated version of the Treaty on the Functioning of the European Union - PART SIX: INSTITUTIONAL AND FINANCIAL PROVISIONS - TITLE I: INSTITUTIONAL PROVISIONS - Chapter 1: The institutions - Section 5: The Court of Justice of the European Union - Article 277 (ex Article 241 TEC)



Official Journal 115 , 09/05/2008 P. 0166 - 0166



Article 277 (ex Article 241 TEC) Notwithstanding the expiry of the period laid down in Article 263, sixth paragraph, any party may, in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article 263, second paragraph, in order to invoke before the Court of Justice of the European Union the inapplicability of that act. --------------------------------------------------
EN Official Journal of the European Union C 326/1

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART THREE

UNION POLICIES AND INTERNAL ACTIONS

TITLE X

SOCIAL POLICY

Article 156

(ex Article 140 TEC)

With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

— employment,

— labour law and working conditions,

— basic and advanced vocational training,

— social security,

— prevention of occupational accidents and diseases,

— occupational hygiene,

— the right of association and collective bargaining between employers and workers.

To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
EN Official Journal of the European Union C 326/1

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE III

ENHANCED COOPERATION

Article 328

(ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC)

1. When enhanced cooperation is being established, it shall be open to all Member States, subject to compliance with any conditions of participation laid down by the authorising decision. It shall also be open to them at any other time, subject to compliance with the acts already adopted within that framework, in addition to those conditions.

The Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible.

2. The Commission and, where appropriate, the High Representative of the Union for Foreign Affairs and Security Policy shall keep the European Parliament and the Council regularly informed regarding developments in enhanced cooperation.
Article 103

Article 102 shall apply to:

- the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt, Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Poland, Romania, Slovenia, Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and concerning exclusively trade in the products listed in Annex II to the EC Treaty;

- the fourth ACP/EEC Convention, signed on 15 December 1989;

- other similar agreements which might be concluded before accession.
Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Part three - General and final Provisions - Article 12

1. The articles, titles and sections of the Treaty on European Union and of the Treaty establishing the European Community, as amended by the provisions of this Treaty, shall be renumbered in accordance with the tables of equivalences set out in the Annex to this Treaty, which shall form an integral part thereof.

2. The cross references to articles, titles and sections in the Treaty on European Union and in the Treaty establishing the European Community, as well as between them, shall be adapted in consequence. The same shall apply as regards references to articles, titles and sections of those treaties contained in the other Community treaties.

3. The references to the articles, titles and sections of the Treaties referred to in paragraph 2 contained in other instruments or acts shall be understood as references to the articles, titles and sections of the Treaties as renumbered pursuant to paragraph 1 and, respectively, to the paragraphs of the said articles, as renumbered by certain provisions of Article 6.

4. References, contained in other instruments or acts, to paragraphs of articles of the Treaties referred to in Articles 7 and 8 shall be understood as referring to those paragraphs as renumbered by certain provisions of the said Articles 7 and 8.
Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Declarations adopted by the Conference - Declaration relating to the Council Decision of 13 July 1987

The Conference calls on the Commission to submit to the Council by the end of 1998 at the latest a proposal to amend the Council decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission.
Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 78d*

* As amended by Article 6 of the Treaty amending Certain Financial Provisions.

The Commission shall submit annually to the Council and to the European Parliament the accounts of the preceding financial year relating to the implementation of the administrative budget. The Commission shall also forward to them a financial statement of the assets and liabilities of the Community in the field covered by that budget.
Treaty establishing the European Coal and Steel Community - TITLE II - The institutions of the Community - Chapter 1 - The Commission - Article 12*

*As inserted by Article H(2) TEU.

Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.

The vacancy thus caused shall be filled for the remainder of the Member's term of office by a new Member appointed by common accord of the governments of the Member States. The Council may, acting unanimously, decide that such a vacancy need not be filled.

In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in Article 10(2) shall be applicable for the replacement of the President.

Save in the case of compulsory retirement under Article 12a, Members of the Commission shall remain in office until they have been replaced.
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 2 - Financial Provisions - Article 51

1. The Commission may not use the funds obtained by borrowing except to grant loans.

The issue of loans by the Commission on the markets of Member States shall be subject to the rules and regulations in force on these markets.

If the Commission considers the guarantee of Member States necessary in order to contract certain loans, it shall approach the government or governments concerned after consulting the Council; no State shall be obliged to give its guarantee.

2. The Commission may, as provided in Article 54, guarantee loans granted direct to undertakings by third parties.

3. The Commission may so determine its conditions for loans or guarantees as to enable a reserve fund to be built up for the sole purpose of reducing whatever amounts may have to be paid out of the levies in accordance with the third subparagraph of Article 50(1); the sums thus accumulated must not however, be used for any form of lending to undertakings.

4. The Commission shall not itself engage in the banking operations which its financial tasks entail.
Treaty establishing the European Coal and Steel Community - Convention on the Transitional Provisions - Part Two - Relations between the Community and third countries - Chapter 1 - Negotiations with Third Countries - Article 17

Trade agreements which still have more than one year to run at the date of entry into force of the Treaty, or which contain a clause for tacit extension, shall be notified to the Commission, which may make to the Member State concerned appropriate recommendations for bringing the provisions of these agreements into line where necessary with Article 75 under the procedure provided in these agreements.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Rules of Procedure - Article 55

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).

The Court of Justice shall adopt its Rules of Procedure. These shall require the unanimous approval of the Council. The Rules of Procedure shall contain all the provisions necessary for applying and, where required, supplementing this Statute.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Staff of the Court - Article 16*

* As amended by Article 8(3)(b) of the Merger Treaty

1. Officials and other servants shall be attached to the Court to enable it to function. They shall be responsible to the Registrar under the authority of the President.

2. On a proposal from the Court, the Council may, acting unanimously, provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service. The Assistant Rapporteurs may be required, under conditions laid down in the Rules of Procedure, to participate in preparatory inquiries in cases pending before the Court and to cooperate with the Judge who acts as Rapporteur.

The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and who possess the necessary legal qualifications; they shall be appointed by the Council. They shall take an oath before the Court to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
Treaty establishing the European Coal and Steel Community - TITLE II - The institutions of the Community - Chapter 2 - The European Parliament - Article 23

The European Parliament shall elect its President and its officers from among its Members.

Members of the Commission may attend all meetings. The President of the Commission or such of its Members as it may designate shall be heard at their request.

The Commission shall reply orally or in writing to questions put to it by the European Parliament or its Members.

The members of the Council may attend all meetings and shall be heard at their request.
Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 82





Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 82 The turnover taken as the basis for calculating any fines and periodic penalty payments imposed on undertakings under this Treaty shall be the turnover on products within the jurisdiction of the Commission.
Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 4 - The Court of Justice - Article 37

If a Member State considers that in a given case action or failure to act on the part of the Commission is of such a nature as to provoke fundamental and persistent disturbances in its economy, it may raise the matter with the Commission.

The Commission, after consulting the Council, shall, if there are grounds for so doing, recognize the existence of such a situation and decide on the measures to be taken to end it, in accordance with the provisions of this Treaty, while at the same time safeguarding the essential interests of the Community.

When proceedings are instituted in the Court under this Article against such a decision or against an express or implied decision refusing to recognize the existence of the situation referred to above, it shall be for the Court to determine whether it is well founded.

If the Court declares the decision void, the Commission shall, within the terms of the judgment of the Court, decide on the measures to be taken for the purposes indicated in the second paragraph of this Article.
Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Article 7





Treaty establishing the European Coal and Steel Community - TITLE II - The institutions of the Community - Article 7* *As amended by Article H(1) TEU. The institutions of the Community shall be: - a HIGH AUTHORITY (hereinafter referred to as the Commission); - a COMMON ASSEMBLY (hereinafter referred to as the European Parliament); - a SPECIAL COUNCIL OF MINISTERS (hereinafter referred to as the Council); - a COURT OF JUSTICE; - a COURT OF AUDITORS. The Commission shall be assisted by a Consultative Committee.
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 5 - Prices - Article 61

On the basis of studies made jointly with undertakings and associations of undertakings, in accordance with the first paragraph of Article 46 and the third paragraph of Article 48, and after consulting the Consultative Committee and the Council as to the advisability of so doing and the price level to be so determined, the Commission may, for one or more of the products within its jurisdiction:

(a) fix maximum prices within the common market, if it finds that such a decision is necessary to attain the objectives set out in Article 3, and particularly in paragraph (c) thereof;

(b) fix minimum prices within the common market, if it finds that a manifest crisis exists or is imminent and that such a decision is necessary to attain the objectives set out in Article 3;

(c) after consulting the associations to which the undertakings concerned belong, or the undertakings themselves, fix, by methods appropriate to the nature of the export markets, minimum or maximum export prices, if such an arrangement can be effectively supervised and is necessary both in view of the dangers to the undertakings resulting from the state of the market and in order to secure the acceptance in international economic relations of the objective set out in Article 3(f); any fixing of minimum prices shall be without prejudice to the measures provided for in the last subparagraph of Article 60(2).

In fixing prices, the Commission shall take into account the need to ensure that the coal and steel industries and the consumer industries remain competitive, in accordance with the principles laid down in Article 3(c).

If in these circumstances the Commission fails to act, the government of a Member State may bring the matter before the Council, which may, acting unanimously, call upon the Commission to fix such maximum or minimum prices.
TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ( ECSC ), PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COAL AND STEEL COMMUNITY, CHAPTER I: PROPERTY, FUNDS AND ASSETS, ARTICLE 1





++++ THE PREMISES AND BUILDINGS OF THE COMMUNITY SHALL BE INVIOLABLE . THEY SHALL BE EXEMPT FROM SEARCH , REQUISITION , CONFISCATION OR EXPROPRIATION . THE PROPERTY AND ASSETS OF THE COMMUNITY MAY NOT BE THE SUBJECT OF ANY ADMINISTRATIVE OR LEGAL MEASURE OF CONSTRAINT WITHOUT THE AUTHORIZATION OF THE COURT .
Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 5 - Prices - Article 64





Treaty establishing the European Coal and Steel Community - Title III - Economic and social provisions - Chapter 5 - Prices - Article 64 The Commission may impose upon undertakings which infringe the provisions of this Chapter or decisions taken thereunder fines not exceeding twice the value of the sales effected in disregard thereof. If the infringement is repeated, this maximum shall be doubled.
Treaty establishing the European Coal and Steel Community - TITLE I - The European Coal and Steel Community - Article 4

The following are recognized as incompatible with the common market for coal and steel and shall accordingly be abolished and prohibited within the Community, as provided in this Treaty:

(a) import and export duties, or charges having equivalent effect, and quantitative restrictions on the movement of products;

(b) measures or practices which discriminate between producers, between purchasers or between consumers, especially in prices and delivery terms or transport rates and conditions, and measures or practices which interfere with the purchaser's free choice of supplier;

(c) subsidies or aids granted by States, or special charges imposed by States, in any form whatsoever;

(d) restrictive practices which tend towards the sharing or exploiting of markets.
Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 90

If failure to fulfil an obligation under this Treaty on the part of an undertaking also constitutes an infringement of its obligations under the law of its State and judicial or administrative action is being taken under that law against the undertaking, the State in question shall so inform the Commission, which may defer its decision.

If the Commission defers its decision, it shall be kept informed of the progress of the action taken by national authorities and shall be permitted to produce all relevant documents and expert and other evidence. It shall also be informed of the final decision on the case and shall take account of this decision in determining any penalty it may itself impose.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Applications - Article 22

A case shall be brought before the Court by a written application addressed to the Registrar. The application shall contain the name and address of the party and the description of the signatory, the subject matter of the dispute, the submissions and a brief statement of the grounds on which the application is based.

The application shall be accompanied, where appropriate, by the decision the annulment of which is sought or, in the case of proceedings against an implied decision, by documentary evidence of the date on which therequest was lodged. If the documents are not submitted with the application, the Registrar shall ask the party concerned to produce them within a reasonable period, but in that event the rights of the party shall not lapse even if such documents are produced after the time limit for bringing proceedings.
Treaty establishing the European Coal and Steel Community - Annex I - Definition of the expressions COAL' and STEEL'

1. The expressions coal' and steel' cover the products listed below.

2. In the exercise of its functions in relation to special steels, coke and scrap the Commission shall take account of the special features of production of these materials or of trade in them.

3. The Commission shall exercise its functions in relation to gas coke, and to brown coal other than for the making of briquettes and semi coke, only where this is necessary by reason of appreciable disturbances caused by these products on the market in fuels.

4. The Commission shall take account of the fact that the production of some of the products listed is directly linked with the production of by products which are not listed but whose selling prices may influence those of the principal products.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title II - Organization - Composition of the Court - Article 18*

* EDITORIAL NOTE:

Article 4(2)(b) of the Convention on Certain Institutions Common to the European Communities states:

The provisions of the Protocol on the Statute of the Court of Justice annexed to the Treaty establishing the European Coal and Steel Community, in so far as they are in conflict with Articles 32 to 32c of that Treaty, shall be repealed.'

The Court shall sit in plenary session. It may, however, form chambers, each consisting of three, five or seven Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes.**

** First paragraph as amended by Article 18 AA A/FIN/SWE.

Decisions of the Court shall be valid only when an uneven number of its members is sitting in the deliberations. Decisions of the full Court shall bevalid if nine members are sitting. Decisions of the chambers consisting of three or five Judges shall be valid only if three Judges are sitting. Decisions of the chambers consisting of seven Judges shall be valid only if five Judges are sitting. In the event of one of the Judges of a chamber being prevented from attending, a Judge of another chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure. *

* Second paragraph as amended by Article 19 AA A/FIN/SWE.

Actions brought by States or by the Council shall in all cases be tried in plenary session.