ddrg/super_eurlex huggingface dataset:
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OFFICIALS - INVALIDITY - DETERMINATION - CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ARTS 73 AND 78 ; ANNEX VIIII , ARTICLE 13 )

Summary

THE EXISTENCE OF AN OCCUPATIONAL DISEASE CAUSING TOTAL OR PARTIAL PERMANENT INVALIDITY OF THE OFFICIAL AND GIVING HIM THE RIGHT TO BENEFIT UNDER ARTICLE 73 OR ARTICLE 78 OF THE STAFF REGULATIONS AS THE CASE MAY BE MUST APPEAR CLEARLY AND PRECISELY FROM THE RELEVANT CONCLUSIONS OF THE INVALIDITY COMMITTEE REFERRED TO IN ARTICLE 13 OF ANNEX VIIII TO THE STAFF REGULATIONS .
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROVISIONS OF TITLE II ( JURISDICTION ) AND TITLE III ( RECOGNITION AND ENFORCEMENT ) - OBSERVANCE OF RIGHTS OF THE DEFENCE - CONSEQUENCES - DECISIONS WITH WHICH THE CONVENTION IS CONCERNED - DECISIONS CAPABLE OF BEING THE SUBJECT OF AN INQUIRY IN ADVERSARY PROCEEDINGS IN THE STATE OF ORIGIN

( CONVENTION OF 27 SEPTEMBER 1968 , TITLES II AND III )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION AND ENFORCEMENT OF JUDGMENTS - DECISIONS AUTHORIZING PROVISIONAL OR PROTECTIVE MEASURES - EXCLUSION FROM THE PROCEDURE PROVIDED FOR BY TITLE III - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , TITLE III )

Summary

1 . ALL THE PROVISIONS OF THE CONVENTION , BOTH THOSE CONTAINED IN TITLE II ON JURISDICTION AND THOSE CONTAINED IN TITLE III ON RECOGNITION AND ENFORCEMENT , EXPRESS THE INTENTION TO ENSURE THAT , WITHIN THE SCOPE OF THE OBJECTIVES OF THE CONVENTION , PROCEEDINGS LEADING TO THE DELIVERY OF JUDICIAL DECISIONS TAKE PLACE IN SUCH A WAY THAT THE RIGHTS OF THE DEFENCE ARE OBSERVED . IT IS BECAUSE OF THE GUARANTEES GIVEN TO THE DEFENDANT IN THE ORIGINAL PROCEEDINGS THAT THE CONVENTION , IN TITLE III , IS VERY LIBERAL IN REGARD TO RECOGNITION AND ENFORCEMENT . IN THE LIGHT OF THESE CONSIDERATIONS IT IS CLEAR THAT THE CONVENTION IS FUNDAMENTALLY CON- CERNED WITH JUDICIAL DECISIONS WHICH , BEFORE THE RECOGNITION AND EN- FORCEMENT OF THEM ARE SOUGHT IN A STATE OTHER THAN THE STATE OF ORIGIN , HAVE BEEN , OR HAVE BEEN CAPABLE OF BEING , THE SUBJECT IN THAT STATE OF ORIGIN AND UNDER VARIOUS PROCEDURES , OF AN INQUIRY IN ADVERSARY PROCEEDINGS .

2 . THE CONDITIONS IMPOSED BY TITLE III OF THE CONVENTION ON THE RECOGNITION AND THE ENFORCEMENT OF JUDICIAL DECISIONS ARE NOT FULFILLED IN THE CASE OF PROVISIONAL OR PROTECTIVE MEASURES WHICH ARE ORDERED OR AUTHORIZED BY A COURT WITHOUT THE PARTY AGAINST WHOM THEY ARE DIRECTED HAVING BEEN SUMMONED TO APPEAR AND WHICH ARE INTENDED TO BE ENFORCED WITHOUT PRIOR SERVICE ON THAT PARTY . IT FOLLOWS THAT THIS TYPE OF JUDICIAL DECISION IS NOT COVERED BY THE SYSTEM OF RECOGNITION AND ENFORCEMENT PROVIDED FOR BY TITLE III OF THE CONVENTION .
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1 . OFFICIALS - ECSC SEPARATION ALLOWANCE - NO RIGHT TO ALLOWANCE - POSSIBILITY FOR PERSON CONCERNED TO RELY ON FOURTH PARAGRAPH OF ARTICLE 97 OF THE STAFF REGULATIONS OF THE ECSC OF 1962 - NONE

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC OF 1956 , ART . 47 ; STAFF REGULATIONS OF OFFICIALS OF THE ECSC OF 1962 , ART . 97 , FOURTH PARA .)

2 . NON-CONTRACTUAL LIABILITY - ACT OF SUCH A NATURE AS TO INVOLVE THE ADMINISTRATION IN LIABILITY - CONCEPT - INCORRECT INTERPRETATION OF PROVISIONS OF LAW RELATING TO OFFICIALS - EXCLUSION

Summary

1 . AN OFFICIAL WHO HAS NEVER RECEIVED THE SEPARATION ALLOWANCE UNDER ARTICLE 47 OF THE STAFF REGULATIONS OF OFFICIALS OF THE ECSC OF 1956 CANNOT RELY ON THE TRANSITIONAL PROVISIONS OF THE FOURTH PARAGRAPH OF ARTICLE 97 OF THE ECSC STAFF REGULATIONS OF 1962 .

2.APART FROM THE EXCEPTIONAL INSTANCE , THE ADOPTION OF AN INCORRECT INTERPRETATION OF THE PROVISIONS GOVERNING THE EUROPEAN CIVIL SERVICE DOES NOT , OF ITSELF , CONSTITUTE A WRONGFUL ACT SUCH AS TO INVOLVE THE COMMUNITY IN LIABILITY .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES RELATING TO PRODUCTION AND MARKETING OF A PRODUCT - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBILITY - CONDITIONS AND LIMITS

( EEC TREATY , ARTS . 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION ON IMPORTING AND MARKETING PRODUCTS CONTAINING ACETIC ACID NOT DERIVED FROM THE ACETIC FERMENTATION OF WINE

( EEC TREATY , ART . 30 )

Summary

1 . IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF A PRODUCT IT IS FOR MEMBER STATES TO REGULATE ALL MATTERS RELATING TO ITS PRODUCTION , DISTRIBUTION AND CONSUMPTION ON THEIR OWN TERRITORY SUBJECT , HOWEVER , TO THE CONDITION THAT THOSE RULES DO NOT PRESENT AN OBSTACLE , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TO INTRA-COMMUNITY TRADE .

IT IS ONLY WHERE NATIONAL RULES , WHICH APPLY WITHOUT DISCRIMINATION TO BOTH DOMESTIC AND IMPORTED PRODUCTS , MAY BE JUSTIFIED AS BEING NECESSARY IN ORDER TO SATISFY IMPERATIVE REQUIREMENTS RELATING IN PARTICULAR TO THE PROTECTION OF PUBLIC HEALTH , THE FAIRNESS OF COMMERCIAL TRANSACTIONS AND THE DEFENCE OF THE CONSUMER THAT THEY MAY CONSTITUTE AN EXCEPTION TO THE REQUIREMENTS ARISING UNDER ARTICLE 30 OF THE EEC TREATY .

2 . THE CONCEPT OF ' ' MEASURES HAVING EQUIVALENT EFFECT ' ' TO ' ' QUANTITATIVE RESTRICTIONS ON IMPORTS ' ' , OCCURRING IN ARTICLE 30 OF THE EEC TREATY , IS TO BE UNDERSTOOD AS MEANING THAT A PROHIBITION IMPOSED BY A MEMBER STATE ON IMPORTING OR MARKETING VINEGAR CONTAINING ACETIC ACID NOT DERIVED FROM THE ACETIC FERMENTATION OF WINE COMES WITHIN THAT PROVISION WHERE THE VINEGAR INVOLVED IS LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - VARIED REFUND - CONDITIONS FOR GRANT - ARRIVAL AT DESTINATION OF GOODS - MEANS OF PROOF - BILL OF LADING - INSUFFICIENT PROOF

( REGULATION NO 876/68 OF THE COUNCIL , ART . 6 ( 2 ); REGULATION NO 1041/67 OF THE COMMISSION , ART . 8 ( 1 ))

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - EXPENDITURE RESULTING FROM AN INCORRECT APPLICATION OF COMMUNITY LAW - FINANCING BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - CONDITION - ERROR ATTRIBUTABLE TO A COMMUNITY INSTITUTION

( REGULATION NO 729/70 OF THE COUNCIL )

Summary

1 . A VARIED EXPORT REFUND IS PAYABLE PROVIDED IT IS PROVED THAT THE PRODUCT HAS REACHED THE DESTINATION FOR WHICH THE REFUND WAS FIXED WHICH IMPLIES THAT THE GOODS MUST HAVE BEEN CLEARED THROUGH CUSTOMS AND PUT INTO FREE CIRCULATION AT THE DESTINATION .

A DOCUMENT SUCH AS A BILL OF LADING EVEN BEARING THE WORDS ' ' FREIGHT REPAID ' ' AND IN WHICH THE DECLARATIONS ARE IDENTICAL TO THOSE OF THE EXPORT LICENCE CANNOT CONSTITUTE PROOF OF THE ARRIVAL OF GOODS AT THEIR DESTINATION WITHIN THE MEANING OF THE RELEVANT COMMUNITY RULES .

2 . WHEN CLEARING ACCOUNTS PRESENTED BY THE MEMBER STATES IN RESPECT OF THE EXPENDITURE FINANCED BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND THE COMMISSION IS NOT OBLIGED TO ACCEPT AS CHARGEABLE THE EXPENDITURE INCURRED ON THE BASIS OF AN INCORRECT APPLICATION OF COMMUNITY LAW UNLESS THAT INCORRECT APPLICATION MAY BE ATTRIBUTED TO AN INSTITUTION OF THE COMMUNITY .
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1 . REVENUE PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION - PERMISSIBILITY - CONDITIONS - PURSUIT OF OBJECTIVES COMPATIBLE WITH COMMUNITY LAW - NOT OF A DISCRIMINATORY OR PROTECTIVE NATURE

( EEC TREATY , ART . 95 )

2 . REVENUE PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION FOR DENATURED SYNTHETIC ALCOHOL AND DENATURED ALCOHOL OBTAINED BY MEANS OF FERMENTATION - PERMISSIBILITY - CONDITIONS - IDENTICAL APPLICATION OF THE SYSTEM TO IMPORTED PRODUCTS - MORE HEAVILY-TAXED PRODUCT EXCLUSIVELY IMPORTED - EQUIVALENT ECONOMIC EFFECT ON THE STRUCTURE OF NATIONAL PRODUCTION

( EEC TREATY , ART . 95 , FIRST AND SECOND PARAGRAPHS )

Summary

1 . IN ITS PRESENT STAGE OF DEVELOPMENT COMMUNITY LAW DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO LAY DOWN TAX ARRANGEMENTS WHICH DIFFERENTIATE BETWEEN CERTAIN PRODUCTS ON THE BASIS OF OBJECTIVE CRITERIA , SUCH AS THE NATURE OF THE RAW MATERIALS USED OR THE PRODUCTION PROCESSES EMPLOYED . SUCH DIFFERENTIATION IS COMPATIBLE WITH COMMUNITY LAW IF IT PURSUES ECONOMIC POLICY OBJECTIVES WHICH ARE THEMSELVES COMPATIBLE WITH THE REQUIREMENTS OF THE TREATY AND ITS SECONDARY LAW AND IF THE DETAILED RULES ARE SUCH AS TO AVOID ANY FORM OF DISCRIMINATION , DIRECT OR INDIRECT , IN REGARD TO IMPORTS FROM OTHER MEMBER STATES OR ANY FORM OF PROTECTION OF COMPETING DOMESTIC PRODUCTS .

2 . TAX ARRANGEMENTS WHICH IMPOSE HEAVIER CHARGES ON DENATURED SYNTHETIC ALCOHOL THAN ON DENATURED ALCOHOL OBTAINED BY FERMENTATION ON THE BASIS OF THE RAW MATERIALS AND THE MANUFACTURING PROCESSES EMPLOYED FOR THE TWO PRODUCTS ARE NOT AT VARIANCE WITH THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY IF THEY ARE APPLIED IDENTICALLY TO THE TWO CATEGORIES OF ALCOHOL ORIGINATING IN OTHER MEMBER STATES .

WHERE , BY REASON OF THE TAXATION OF SYNTHETIC ALCOHOL , IT HAS BEEN IMPOSSIBLE TO DEVELOP PROFITABLE PRODUCTION OF THAT TYPE OF ALCOHOL ON NATIONAL TERRITORY , THE APPLICATION OF SUCH TAX ARRANGEMENTS CANNOT BE CONSIDERED AS CONSTITUTING INDIRECT PROTECTION OF NATIONAL PRODUCTION OF ALCOHOL OBTAINED BY FERMENTATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY ON THE SOLE GROUND THAT THEIR CONSEQUENCE IS THAT THE PRODUCT SUBJECT TO THE HEAVIER TAXATION IS IN FACT A PRODUCT WHICH IS EXCLUSIVELY IMPORTED FROM OTHER MEMBER STATES OF THE COMMUNITY .
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PROCEDURE - EXCEPTIONAL REVIEW PROCEDURES - REVISION - CONDITIONS FOR THE ADMISSIBILITY OF THE APPLICATION - FACT JUSTIFYING REVISION - CONCEPT

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 41 )
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF A PRODUCT - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBILITY - CONDITIONS AND LIMITS

( EEC TREATY , ARTS 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - MARKETING OF BREAD - FIXING OF MINIMUM AND MAXIMUM LIMITS FOR DRY MATTER

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - POWER OF THE NATIONAL ADMINISTRATION TO GRANT EXEMPTIONS - NO EFFECT ON WHETHER A MEASURE IS PROHIBITED

( EEC TREATY , ART . 30 )

Summary

1 . IN THE ABSENCE OF COMMON OR HARMONIZED RULES , OBSTACLES TO INTRA-COMMUNITY TRADE RESULTING FROM DISPARITIES BETWEEN NATIONAL LAWS ON THE MANUFACTURE AND MARKETING OF A PRODUCT MUST BE ACCEPTED IN SO FAR AS THOSE PROVISIONS MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY IMPERATIVE REQUIREMENTS RELATING IN PARTICULAR TO THE PROTECTION OF PUBLIC HEALTH , FAIR TRADING AND CONSUMER PROTECTION .

2 . THE CONCEPT OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS APPEARING IN ARTICLE 30 OF THE TREATY MUST BE UNDERSTOOD AS MEANING THAT RULES LAID DOWN BY LAW IN A MEMBER STATE WHICH REQUIRE THE QUANTITY OF DRY MATTER IN BREAD TO FALL WITHIN SPECIFIED SETS OF LIMITS ARE COVERED BY THAT ARTICLE WHERE THEY APPLY TO THE IMPORTATION OF BREAD LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE .

3 . A MEASURE CAUGHT BY THE PROHIBITION PROVIDED FOR BY ARTICLE 30 OF THE EEC TREATY DOES NOT ESCAPE THAT PROHIBITION SIMPLY BECAUSE THE COMPETENT AUTHORITY IS EMPOWERED TO GRANT EXEMPTIONS , EVEN IF THAT POWER IS FREELY APPLIED TO IMPORTED PRODUCTS . FREEDOM OF MOVEMENT IS A RIGHT WHOSE ENJOYMENT MAY NOT BE DEPENDENT UPON A DISCRETIONARY POWER OR ON A CONCESSION GRANTED BY THE NATIONAL ADMINISTRATION .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - PRODUCTS WHOSE PRICE IS DEPENDENT ON THAT OF PRODUCTS SUBJECT TO INTERVENTION ARRANGEMENTS - CONCEPT OF PRICE DEPENDENCE - RELATIONSHIP OF COMPETITION

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 ( 2 ) ( B ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - RISK OF DISTURBANCES IN TRADE - ASSESSMENT BY THE COMMISSION - CRITERIA - IDENTICAL COMPENSATORY AMOUNTS FOR ALL PRODUCTS WITHIN THE SAME GROUP - CONSIDERATION OF PECULIARITIES OF A PRODUCT

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 ( 3 ), COMMISSION REGULATION NO 652/76 )

Summary

1 . THE CONCEPT OF PRICE DEPENDENCE TO WHICH ARTICLE 1 ( 2 ) ( B ) OF REGULATION NO 974/71 MAKES REFERENCE DESCRIBES NOT ONLY THE DIRECT DERIVATION OF THE PRICE OF A GIVEN PRODUCT FROM THAT OF A PRODUCT SUBJECT TO INTERVENTION ARRANGEMENTS BUT ALSO THE DEPENDENCE OF THE PRICE OF A PRODUCT ON PRICES WHICH PREVAIL AS A WHOLE ON THE MARKET CONCERNED AND OF WHICH THE LEVEL IS SUSTAINED BY THE VARIOUS INTERVENTION ARRANGEMENTS . THAT DEPENDENCE MAY RESULT FROM , INTER ALIA , A RELATIONSHIP OF COMPETITION BETWEEN A GIVEN PRODUCT AND OTHER PRODUCTS FORMING PART OF THE SAME ORGANIZATION OF THE MARKET .

2 . IN THE ASSESSMENT OF THE EXISTENCE OR THE RISK OF DISTURBANCES IN TRADE AFFECTING A GIVEN SECTOR OF THE AGRICULTURAL MARKET , THE EXAMINATION MAY NOT BE CONFINED TO THE POSITION OF A GIVEN PRODUCT WITHOUT OTHER COMPETING PRODUCTS ' BEING TAKEN INTO CONSIDERATION AT THE SAME TIME , AND THAT THROUGHOUT THE WHOLE OF THE COMMON MARKET . SINCE THE EXCLUSIVE FUNCTION OF COMPENSATORY AMOUNTS IS TO COMPENSATE FOR THE EFFECT OF MONETARY FLUCTUATIONS WITHOUT CHANGING THE RELATIONSHIPS ESTABLISHED BETWEEN COMPETING PRODUCTS , THE COMMISSION WAS LEGITIMATELY ENTITLED TO CONSIDER , AT LEAST AS A STARTING POINT , THAT ALL PRODUCTS BELONGING TO THE SAME GROUP DEFINED BY THE SAME TARIFF SUBHEADING MUST BE SUBJECTED TO THE SAME COMPENSATORY AMOUNT IN ORDER TO AVOID DISTURBANCE OF THE MARKET . FROM THAT IT FOLLOWS THAT EVEN PROOF OF THE FACT THAT A GIVEN PRODUCT HAS VERY SPECIAL CHARACTERISTICS FROM THE POINT OF VIEW OF ITS PRODUCTION , PRICE AND MARKETS , DOES NOT PERMIT THE CONCLUSION THAT THE COMMISSION IS UNDER AN AUTOMATIC OBLIGATION TO SEVER THAT PRODUCT FROM THE REST OF THE GROUP OF WHICH IT FORMS PART BY PLACING IT DIRECTLY OUTSIDE THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - RECOVERY OF PAYMENTS NOT DUE - PROVISIONAL PAYMENT OF BENEFITS - ARTICLE III OF REGULATION NO 574/72 - EXHAUSTIVE NATURE - NATIONAL LEGISLATION LIMITING THE PAYMENT TO THE RECIPIENT OF THE DIFFERENCE BETWEEN BENEFITS PAID ON A PRIVISIONAL BASIS AND ARREARS RECEIVED FROM A FOREIGN INSTITUTION - NOT PERMISSIBLE

( REGULATION ( EEC ) NO 574/72 OF THE COUNCIL , ARTS . 45 ( 1 ) AND 111 )

Summary

ARTICLE 111 OF REGULATION NO 574/72 DEALS EXHAUSTIVELY WITH THE QUESTION OF THE RECOVERY OF THE AMOUNT OVERPAID AS REGARDS SOCIAL SECURITY BENEFITS DUE TO A WORKER TO WHOM BENEFITS HAVE BEEN PAID ON A PROVISIONAL BASIS PURSUANT TO ARTICLE 45 ( I ) OF THAT REGULATION . IT LEAVES THE MEMBER STATES NO FREEDOM TO LEGISLATE ON THE MATTER , OR IN PARTICULAR TO PROVIDE THAT WHERE THE ARREARS RECEIVED FROM A FOREIGN INSTITUTION , WHEN CONVERTED INTO NATIONAL CURRENCY , EXCEED THE AMOUNT OF THE ADVANCE PAYMENTS OR ALLOWANCES PAID ON A PROVISIONAL BASIS , THE BALANCE IS NOT TO BE PAID OVER IF THE DIFFERENCE IS DUE EITHER TO THE DIFFERENCE IN THE EXCHANGE RATES USED TO CALCULATE THE AMOUNT OF THE SUMS DUE FROM THE FOREIGN INSTITUTION AND TO ARRIVE AT THE FIGURE EXPRESSED IN FOREIGN CURRENCY , OR TO THE ADJUSTMENT OF THE ALLOWANCES TO THE COST OF LIVING .
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COMMON COMMERCIAL POLICY - COMMUNITY QUANTITATIVE QUOTAS - REQUIREMENT OF PUBLICATION PRESCRIBED BY ARTICLE 4 OF REGULATION NO 1023/70 - NOT APPLICABLE TO QUOTAS TO BE OPENED BY MEMBER STATES IN REGARD TO STATE-TRADING COUNTRIES

( REGULATION NO 1023/70 OF THE COUNCIL , ART . 4 ; COUNCIL DECISION 75/210 , FIRST PARAGRAPH OF ART . 1 , AS AMENDED BY ART . 3 OF DECISION 79/252 )

Summary

THE REQUIREMENT OF PUBLICATION CONTAINED IN ARTICLE 4 OF REGULATION NO 1023/70 ESTABLISHING A COMMON PROCEDURE FOR ADMINISTERING QUANTITATIVE IMPORT QUOTAS , WHOSE PROVISIONS , PURSUANT TO ARTICLE 1 THEREOF , GOVERN COMMUNITY QUOTAS , DOES NOT APPLY TO THE FIRST PARAGRAPH OF ARTICLE 1 OF DECISION 75/210 ON UNILATERAL IMPORT ARRANGEMENTS IN RESPECT OF STATE-TRADING COUNTRIES , AS AMENDED BY ARTICLE 3 OF DECISION 79/252 .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' FRUIT PROVISIONALLY PRESERVED BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION ' ' WITHIN THE MEANING OF TARIFF HEADING 08.11 - DESCRIPTION

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - OFFICIAL ( NATIONAL ) CLASSIFICATION NOTICE - NON-CONFORMITY WITH COMMUNITY LAW - INFERENCES - ASSESSMENT BY THE NATIONAL COURT

Summary

1 . THE DESCRIPTION ' ' FRUIT PROVISIONALLY PRESERVED BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION ' ' INDICATES THAT TARIFF HEADING 08.11 COVERS ONLY THOSE PRODUCTS FOR WHICH THE PRESERVATION PROCESS USED HAS MADE THEM UNSUITABLE FOR IMMEDIATE CONSUMPTION IN THEIR THEN STATE WITHOUT RISK TO HEALTH .

2 . IF , ON THE BASIS OF THE INTERPRETATION OF A TARIFF HEADING GIVEN BY THE COURT , THE NATIONAL COURT FINDS THAT AN OFFICIAL CLASSIFICATION NOTICE ISSUED BY THE COMPETENT NATIONAL AUTHORITIES WAS NOT IN ACCORDANCE WITH COMMUNITY LAW , IT IS FOR THAT COURT TO DRAW THE INFERENCES .
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1 . OFFICIALS - STAFF REGULATIONS - LEGAL NATURE - REGULATION - DIRECT APPLICABILITY - OBLIGATIONS OF MEMBER STATES - ADOPTION OF MEASURES NECESSARY FOR THE APPLICATION OF THE REGULATION

( EEC TREATY , ARTS 5 AND 189 ; REGULATION NO 259/68 )

2 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTERING THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - OBLIGATIONS OF MEMBER STATES - ADOPTION OF MEASURES ALLOWING THE TRANSFER

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

3 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTERING THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - FORMER EMPLOYER SUBJECT TO COMMUNITY LAW - NEED FOR AN AGREEMENT BETWEEN THE COMMUNITIES AND THE FORMER PENSION BODY - NONE

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

Summary

1 . THE STAFF REGULATIONS OF OFFICIALS WERE LAID DOWN BY REGULATION NO 259/68 OF THE COUNCIL , WHICH POSSESSES ALL THE CHARACTERISTICS SET OUT IN THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY , AND ARE THEREFORE BINDING IN THEIR ENTIRETY AND ARE DIRECTLY APPLICABLE IN ALL MEMBER STATES . IT FOLLOWS THAT THE STAFF REGULATIONS , IN ADDITION TO HAVING EFFECTS IN THE INTERNAL ORDER OF THE COMMUNITY ADMINISTRATION , ARE BINDING ON MEMBER STATES IN SO FAR AS THEIR COOPERATION IS NECESSARY IN ORDER TO GIVE EFFECT TO THOSE REGULATIONS . WHERE A PROVISION OF THE STAFF REGU LATIONS REQUIRES NATIONAL MEASURES FOR ITS APPLICATION , THE MEMBER STATES ARE BOUND UNDER ARTICLE 5 OF THE EEC TREATY TO ADOPT ALL APPROPRIATE MEASURES , WHETHER THEY BE GENERAL OR PARTICULAR .

2 . THE RIGHT GRANTED TO OFFICIALS BY ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS TO TRANSFER TO THE COMMUNITY PENSION SCHEME , ON BECOMING ESTABLISHED , SUMS DUE TO BE REPAID OR THE ACTUARIAL EQUIVALENT OF PENSION RIGHTS ACQUIRED IN PREVIOUS EMPLOYMENT WITH A GOVERNMENT ADMINISTRATION , A NATIONAL OR INTERNATIONAL ORGANIZATION OR AN UNDERTAKING , IS INTENDED TO CONFER UPON THEM A RIGHT WHICH THEY MAY FREELY EXERCISE . ALL THE MEMBER STATES ARE THEREFORE BOUND TO ADOPT THE MEASURES NECESSARY IN ORDER TO GIVE EFFECT TO THAT PROVISION , BY LAYING DOWN RULES FOR THE TRANSFER OF PENSION RIGHTS WHICH WILL ALLOW OFFICIALS OF THE COMMUNITIES TO EXERCISE THE OPTION GRANTED TO THEM BY THE STAFF REGULATIONS .

3 . WHILST THE CONCLUSION OF AN AGREEMENT BETWEEN THE COMMUNITY AND PENSION BODY TO WHICH THE OFFICIAL BELONGED BEFORE ENTERING THE SERVICE OF THE COMMUNITY , AS THE CONTRACTUAL BASIS FOR THE TRANSFER OF PENSION RIGHTS TO THE COMMUNITY SCHEME , MAY BE ENVISAGED WHERE THE OFFICIAL COMES FROM THE ADMINISTRATION OF A THIRD PARTY VIS-A-VIS THE COMMUNITY , SUCH AS INTERNATIONAL ORGANIZATIONS WHICH ARE NOT SUBJECT TO COMMUNITY LAW , THAT IS NEITHER NECESSARY NOR JUSTIFIED WHERE THE OFFICIAL ' S FORMER EMPLOYER IS A MEMBER STATE WHICH IS SUBJECT TO THE RULES LAID DOWN BY COMMUNITY INSTITUTIONS ACTING WITHIN THE SCOPE OF THEIR POWERS . THE SAME HOLDS TRUE FOR A PUBLIC OR PRIVATE BODY WHOSE PENSION SCHEME IS SUBJECT TO THE LEGISLATION OR RULES MADE BY A PUBLIC AUTHORITY OF THAT STATE .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - SUBJECT-MATTER - ACT ADVERSELY AFFECTING THE OFFICIAL ON THE PART OF THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OBJECTION OF ILLEGALITY - INCIDENTAL NATURE - NO RIGHT OF INDEPENDENT ACTION - INADMISSIBILITY OF THE OBJECTION

( EEC TREATY , ART . 184 )

3 . OFFICIALS - ACTION FOR ANNULMENT - ACTION FOR DAMAGES - CLOSE CONNECTION BETWEEN TWO ACTIONS - INADMISSIBILITY OF ACTION FOR ANNULMENT LEADING TO INADMISSIBILITY OF ACTION FOR DAMAGES

( EEC TREATY , ART . 179 )

Summary

1 . THE EFFECT OF ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS IS THAT THE COMPLAINT THROUGH OFFICIAL CHANNELS AND THEREFORE THE APPLICATION TO THE COURT MAY ONLY BE DIRECTED AGAINST AN ACT ADVERSELY AFFECTING THE OFFICIAL ON THE PART OF THE APPOINTING AUTHORITY .

2 . THE POSSIBILITY PROVIDED BY ARTICLE 184 OF THE EEC TREATY OF INVOKING THE INAPPLICABILITY OF A REGULATION DOES NOT CONSTITUTE AN INDEPENDENT RIGHT OF ACTION AND MAY ONLY BE SOUGHT INCIDENTALLY . THEREFORE , IN THE ABSENCE OF SUCH AN INDEPENDENT RIGHT OF ACTION ARTICLE 184 MAY NOT BE INVOKED .

3 . WHERE AN OFFICIAL BRINGS PROCEEDINGS UNDER ARTICLE 179 OF THE EEC TREATY FOR THE ANNULMENT OF AN ACT OF AN INSTITUTION AND FOR THE AWARD OF COMPENSATION FOR THE DAMAGE HE HAS SUFFERED AS A RESULT OF THAT ACT , THE CLAIMS ARE SO CLOSELY CONNECTED THAT THE INADMISSIBILITY OF THE APPLICATION FOR ANNULMENT MUST ENTAIL THE INADMISSIBILITY OF THE CLAIM FOR COMPENSATION .