ddrg/super_eurlex huggingface dataset:
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1 . BALANCE OF PAYMENTS - NATIONAL PROTECTIVE MEASURES - OPERATIONS IN FOREIGN SECURITIES - OBLIGATION TO LODGE AN INTEREST-FREE BANK DEPOSIT - COMMISSION AUTHORIZATION - DECISION NO 85/16 - APPLICATION RATIONE TEMPORIS

( EEC TREATY , ART . 108 ( 3 ); COMMISSION DECISION NO 85/16/EEC )

2 . FREE MOVEMENT OF CAPITAL - LIBERALIZATION OF CAPITAL MOVEMENTS - NATIONAL SUPERVISORY MEASURES - OBLIGATION TO DEPOSIT FOREIGN SECURITIES WITH AN APPROVED BANK - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 67 ; COUNCIL DIRECTIVE OF 11 MAY 1960 )

3 . BALANCE OF PAYMENTS - DIFFICULTIES OF A MEMBER STATE - DECISIONS AND MEASURES TAKEN PURSUANT TO ARTICLE 108 OF THE TREATY - PROCEDURES TO BE FOLLOWED - PROCEDURES PROVIDED FOR IN ARTICLE 73 OF THE TREATY - INAPPLICABLE

( EEC TREATY , ARTS 73 AND 108 )

Summary

1 . SINCE IT MERELY EXTENDS FOR A LIMITED PERIOD THE AUTHORIZATIONS PREVIOUSLY GRANTED TO THE ITALIAN REPUBLIC ON THE BASIS OF ARTICLE 108 ( 3 ) OF THE TREATY , COMMISSION DECISION NO 85/16 AUTHORIZES THAT STATE TO CONTINUE TO REQUIRE AN INTEREST-FREE BANK DEPOSIT FOR OPER ATIONS IN FOREIGN SECURITIES EFFECTED BEFORE IT ENTERED INTO FORCE .

2 . THE COMPULSORY DEPOSIT OF SECURITIES ISSUED OR PAYABLE ABROAD WITH AN APPROVED BANK OR A FOREIGN BANK CHOSEN BY AN APPROVED BANK MAY NOT BE REQUIRED BY A MEMBER STATE , IN THE CONTEXT OF THE LIBERALIZATION OF CAPITAL MOVEMENTS PROVIDED FOR IN ARTICLE 2 AND LIST B OF THE FIRST COUNCIL DIRECTIVE FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY UNLESS SUCH A REQUIREMENT IS INDISPENSABLE FOR MONITORING COMPLIANCE WITH THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE IN CONFORMITY WITH COMMUNITY LAW .

3 . THE PROCEDURES PROVIDED FOR IN ARTICLE 73 OF THE TREATY IN THE EVENT THAT CAPITAL MOVEMENTS LEAD TO DISTURBANCES IN THE FUNCTIONING OF THE CAPITAL MARKET IN ANY MEMBER STATE ARE NOT APPLICABLE TO DECISIONS AND MEASURES TAKEN PURSUANT TO ARTICLE 108 OF THE TREATY WHERE A MEMBER STATE IS IN DIFFICULTIES OR SERIOUSLY THREATENED WITH DIFFICULTIES AS REGARDS ITS BALANCE OF PAYMENTS .
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1 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - INDEPENDENCE - LIMITS - ADOPTION OF UNLAWFUL DECISIONS - DUTIES OF THE APPOINTING AUTHORITY - REVIEW BY THE COURT

2 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS FOR ADMISSION - KNOWLEDGE OF LANGUAGES - SELECTION BOARD ' S DISCRETION - CONSIDERATION ONLY OF OBJECTIVE FACTORS IN THE FILES

( STAFF REGULATIONS , ANNEX III , ART . 5 )

Summary

1 . IN VIEW OF THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION CONCERNED HAS NO POWER TO ANNUL OR AMEND A DECISION TAKEN BY A SELECTION BOARD . HOWEVER IN EXERCISING ITS OWN POWERS , THE APPOINTING AUTHORITY CANNOT BE BOUND BY A DECISION OF A SELECTION BOARD WHERE THE ILLEGALITY OF THAT DECISION IS LIABLE TO VITIATE ITS OWN DECISIONS . IF IT IS UNABLE TO APPOINT A CANDIDATE BECAUSE IT CONSIDERS THAT THE SELECTION BOARD HAS UNLAWFULLY REFUSED TO ALLOW ONE OR MORE CANDIDATES TO TAKE PART IN THE COMPETITION AND THAT AS A RESULT THE WHOLE COMPETITION IS INVALIDATED , IT IS UNDER A DUTY TO TAKE FORMAL NOTE OF THAT SITUATION BY MEANS OF A REASONED DECISION AND RECOMMENCE THE WHOLE COMPETITION PROCEDURE FOLLOWING PUBLICATION OF A NEW NOTICE AND IF NECESSARY THE APPOINTMENT OF A NEW SELECTION BOARD . WHERE THE APPOINTING AUTHORITY HAS TAKEN NO SUCH DECISION , IT IS FOR THE COURT , ON THE APPLICATION OF THE PARTIES CONCERNED , TO RULE DIRECTLY ON THE LEGALITY OF THE SELECTION BOARD ' S DECISION .

2 . IN VIEW OF THE WORDING OF THE NOTICE OF COMPETITION , THE NATURE OF THE VACANT POST AND THE PLACE OF EMPLOYMENT , A SELECTION BOARD IS PERFECTLY ENTITLED TO DECIDE , WITHIN THE SCOPE OF ITS DISCRETIONARY POWER , THAT A GOOD KNOWLEDGE OF A PARTICULAR LANGUAGE IS ESSENTIAL , EVEN IF THE NOTICE OF COMPETITION DOES NOT CONTAIN ANY INDICATION AS TO THE LEVEL REQUIRED . HOWEVER , WHEN CHECKING THAT CANDIDATES SATISFY THE CONDITIONS FOR ADMISSION WHICH IT HAS SPECIFIED , THE SELECTION BOARD MAY RELY ONLY ON OBJECTIVE CRITERIA , SUCH AS UNIVERSITY DEGREES OR DIPLOMAS , AND NOT ON A PURELY SUBJECTIVE ASSESSMENT GIVEN BY CANDIDATES AS TO THEIR LINGUISTIC KNOWLEDGE , EXCEPT WHERE THEY STATE THAT THEY HAVE NO KNOWLEDGE OF THE LANGUAGE CONSIDERED ESSENTIAL . SUCH CONDUCT IS PARTICULARLY NECESSARY WHERE THE NOTICE OF COMPETITION PROVIDES FOR AN ORAL TEST IN THAT LANGUAGE , THUS ALLOWING THE CANDIDATES ' KNOWLEDGE TO BE DETERMINED ON A CLEARLY OBJECTIVE BASIS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - INCREASE OF NATURAL ALCOHOLIC STRENGTH BY VOLUME - PERMISSIBLE ENRICHMENT METHODS DETERMINED BY THE COMMUNITY - NATURAL LEGISLATION PROHIBITING THE ADDITION OF RECTIFIED CONCENTRATED GRAPE MUST IN THE PRODUCTION OF LOCAL WINE AND OF QUALITY WINES PRODUCED IN SPECIFIED REGIONS - NOT PERMISSIBLE

( COUNCIL REGULATIONS NO 337/79 , ART . 32 ( 1 ) AND ART . 33 ( 1 ); NO 338/79 , ART . 8 ( 2 ) AND ART . 19 ( 1 ); NO 355/79 , ART . 2 ( 3 ) ( I ), SECOND SUBPARAGRAPH )

Summary

REGULATION NO 337/79 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE LEAVES MEMBER STATES WHICH HAVE TAKEN ADVANTAGE OF THE POSSIBILITY , UNDER ARTICLE 32 , OF PERMITTING INCREASES IN THE NATURAL ALCOHOLIC STRENGTH BY VOLUME OF WINE NO DISCRETION WITH REGARD TO THE ENRICHMENT METHODS WHICH MAY BE USED . CONSEQUENTLY , NATIONAL LEGISLATION CANNOT LIMIT THE EFFECTS OF THE REGULATION IN THIS REGARD BY PROHIBITING THE USE OF ONE OF THE PROCESSES LISTED IN ARTICLE 33 , THAT IS TO SAY THE ADDITION OF RECTIFIED CONCENTRATED GRAPE MUST , AND THUS RESTRICT THE RIGHTS WHICH MAY BE DERIVED BY INDIVIDUALS FROM AN EXPRESS PROVISION WHICH DOES NOT PERMIT DEROGATION .

NOTHING IN THE SPECIFIC RULES GOVERNING QUALITY WINES PSR OR THE RULE UNDER WHICH IT IS POSSIBLE TO REFUSE TO PERMIT THE USE OF THE DESIGNATION ' LOCAL WINE ' FOR TABLE WINE WHICH DOES NOT MEET CERTAIN PRODUCTION REQUIREMENTS GIVES THE MEMBER STATES ANY POWER TO RESTRICT THE CHOICE OF ENRICHMENT METHODS GIVEN TO PRODUCERS BY ARTICLE 33 OF REGULATION NO 337/79 , IF THEY PERMIT IN PRINCIPLE THE NATURAL ALCOHOLIC STRENGTH BY VOLUME TO BE INCREASED .
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SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN WITH REGARD TO SOCIAL SECURITY - DIRECTIVE 79/7/EEC - ARTICLE 4 ( 1 ) - DIRECT EFFECT - SCOPE

( COUNCIL DIRECTIVE 79/7/EEC , ART . 4 ( 1 ))

Summary

WHERE COUNCIL DIRECTIVE 79/7/EEC HAS NOT BEEN IMPLEMENTED , ARTICLE 4 ( 1 ) THEREOF , WHICH PROHIBITS ALL DISCRIMINATION ON GROUNDS OF SEX IN MATTERS OF SOCIAL SECURITY , COULD BE RELIED ON AS FROM 23 DECEMBER 1984 IN ORDER TO PRECLUDE THE APPLICATION OF ANY NATIONAL PROVISION INCONSISTENT WITH THAT ARTICLE . IN THE ABSENCE OF MEASURES IMPLEMENTING THAT ARTICLE WOMEN ARE ENTITLED TO BE TREATED IN THE SAME MANNER , AND TO HAVE THE SAME RULES APPLIED TO THEM , AS MEN WHO ARE IN THE SAME SITUATION , SINCE , WHERE THE DIRECTIVE HAS NOT BEEN IMPLEMENTED , THOSE RULES REMAIN THE ONLY VALID POINT OF REFERENCE .

A MEMBER STATE MAY NOT INVOKE ITS DISCRETION WITH REGARD TO THE CHOICE OF METHODS FOR IMPLEMENTING THE PRINCIPLE OF EQUAL TREATMENT IN THE FIELD OF SOCIAL SECURITY LAID DOWN IN DIRECTIVE 79/7/EEC IN ORDER TO DENY ALL EFFECT TO ARTICLE 4 ( 1 ) THEREOF , WHICH MAY BE INVOKED IN LEGAL PROCEEDINGS EVEN THOUGH THE SAID DIRECTIVE HAS NOT BEEN IMPLEMENTED IN ITS ENTIRETY .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL LEGISLATION PRESCRIBING A MINIMUM RETAIL PRICE FOR BREAD - PERMISSIBILITY - CONDITIONS - DIFFERENCE OF TREATMENT FAVOURING IMPORTED BREAD - PERMISSIBLE

( EEC TREATY , ART . 30 )

2 . COMMUNITY LAW - GENERAL PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - NATIONAL LEGISLATION PRESCRIBING A MINIMUM RETAIL PRICE FOR BREAD - DIFFERENCE OF TREATMENT FAVOURING IMPORTED BREAD - PERMISSIBLE

( EEC TREATY , ART . 7 )

Summary

1 . ARTICLE 30 OF THE TREATY IS TO BE INTERPRETED AS MEANING THAT :

NATIONAL PROVISIONS WHICH PRESCRIBE A MINIMUM RETAIL PRICE OF A SET AMOUNT FOR DOMESTICALLY PRODUCED BREAD AND LAY DOWN , IN THE CASE OF IMPORTED BREAD , A DISTRIBUTION MARGIN TO BE ADDED TO THE PURCHASE PRICE EQUAL TO THE DISTRIBUTION COSTS OF WELL-ORGANIZED AND EFFICIENTLY OPERATED DISTRIBUTORS , CONSTITUTE A MEASURE EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS WHERE THAT DISTRIBUTION MARGIN IS COMPULSORY EVEN WHEN THE RESULTING SELLING PRICE IS HIGHER THAN THE MINIMUM PRICE APPLICABLE TO DOMESTICALLY PRODUCED BREAD ;

SUCH PROVISIONS DO NOT CONSTITUTE A QUANTITATIVE RESTRICTION ON IMPORTS WHERE THE DISTRIBUTION MARGIN FOR THE SALE OF IMPORTED BREAD IS THE SAME AS THAT TAKEN INTO ACCOUNT IN DETERMINING THE SET MINIMUM PRICE FOR DOMESTICALLY PRODUCED BREAD AND IS NOT COMPULSORY FOR IMPORTED BREAD SOLD AT OR ABOVE THAT MINIMUM PRICE ;

IT DOES NOT PRECLUDE SUCH PROVISIONS FROM ALLOWING THE SELLING PRICE FOR IMPORTED BREAD RESULTING FROM THE APPLICATION OF THE DISTRIBUTION MARGIN TO BE LOWER IN CERTAIN CASES THAN THE MINIMUM PRICE FIXED FOR DOMESTICALLY PRODUCED BREAD .

2 . NEITHER ARTICLE 7 OF THE EEC TREATY NOR THE GENERAL PRINCIPLE OF NON-DISCRIMINATION IN COMMUNITY LAW APPLIES TO A DIFFERENCE OF TREATMENT CONSISTING IN THE FACT THAT UNDER NATIONAL PROVISIONS WHICH PRESCRIBE A MINIMUM RETAIL PRICE OF A SET AMOUNT FOR DOMESTICALLY PRODUCED BREAD AND LAY DOWN A DISTRIBUTION MARGIN FOR IMPORTED BREAD , THE SELLING PRICE OF IMPORTED BREAD MAY IN CERTAIN CASES BE LOWER THAN THE MINIMUM PRICE FIXED FOR DOMESTICALLY PRODUCED BREAD .
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1 . OFFICIALS - ACTIONS - PERIODS ALLOWED - TIME FROM WHICH PERIOD STARTS TO RUN - DATE OF NOTIFICATION OF THE DECISION ON A COMPLAINT MADE THROUGH OFFICIAL CHANNELS - COMPUTATION

( STAFF REGULATIONS, ART . 91 ( 3 ); RULES OF PROCEDURE, ARTS 80 ( 1 ) AND 81*(1 ) )

2 . PROCEDURE - TIME ALLOWED FOR COMMENCING PROCEEDINGS - BARRING OF PROCEEDINGS - UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE - LIMITS

( STATUTE OF THE COURT OF JUSTICE OF THE EEC, SECOND PARAGRAPH OF ARTICLE 42 )

Summary

1 . BY VIRTUE OF ARTICLES 89 ( 1 ) AND 81 ( 1 ) OF THE RULES OF PROCEDURE, THE THREE-MONTH PERIOD ALLOWED BY ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS FOR BRINGING AN ACTION AGAINST THE DECISION ADOPTED ON A COMPLAINT MADE THROUGH OFFICIAL CHANNELS DOES NOT BEGIN TO RUN, WHERE THAT DECISION IS NOTIFIED, UNTIL THE DAY FOLLOWING THE RECEIPT BY THE PERSON CONCERNED OF NOTIFICATION OF THE MEASURE IN QUESTION, REGARDLESS OF THE HOUR OF DAY WHEN THIS OCCURS; BEING EXPRESSED IN CALENDAR MONTHS, THE PERIOD EXPIRES AT THE END OF THE DAY WHICH, IN THE THIRD MONTH, BEARS THE SAME NUMBER AS THE DAY FROM WHICH TIME WAS SET RUNNING, THAT IS TO SAY THE DAY OF NOTIFICATION .

2 . THE STRICT APPLICATION OF COMMUNITY RULES ON PROCEDURAL TIME-LIMITS SERVES THE REQUIREMENT OF LEGAL CERTAINTY AND THE NEED TO AVOID ANY DISCRIMINATION OR ARBITRARY TREATMENT IN THE ADMINISTRATION OF JUSTICE . ACCORDINGLY, THERE CAN BE NO DEROGATION FROM THOSE RULES UNLESS THERE IS A QUITE EXCEPTIONAL CASE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE, AS REQUIRED BY THE SECOND PARAGRAPH OF ARTICLE 42 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC .

THE FACT THAT AN OFFICIAL DID NOT HAVE AN OFFICIAL TEXT OF THE STAFF REGULATIONS AVAILABLE TO HIM IN HIS OWN LANGUAGE CANNOT CONSTITUTE A CASE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE WHEN IT WAS AVAILABLE IN ALL THE OTHER OFFICIAL LANGUAGES OF THE COMMUNITY, AND THE OFFICIAL MUST HAVE HAD A SATISFACTORY KNOWLEDGE OF AT LEAST ONE OF THEM .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - SPECIAL JURISDICTION - COURT OF THE PLACE OF PERFORMANCE OF A CONTRACTUAL OBLIGATION - RELEVANT OBLIGATION FOR PURPOSES OF DETERMINING JURISDICTION - ACTION FOR RECOVERY OF ARCHITECT' S FEES

( CONVENTION OF 27 SEPTEMBER 1968, ART . 5 ( 1 )*)

Summary

WHEREAS IN THE CASE OF AN ACTION BASED ON AN OBLIGATION UNDER A CONTRACT OF EMPLOYMENT OR ANOTHER CONTRACT WITH THE SAME PARTICULARITIES FOR WORK OTHER THAN ON A SELF-EMPLOYED BASIS THE RELEVANT OBLIGATION FOR THE PURPOSE OF DETERMINING THE PLACE OF PERFORMANCE WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 IS THE OBLIGATION WHICH CHARACTERIZES THAT CONTRACT, THE POSITION IS DIFFERENT WHERE NO SUCH PARTICULARITIES EXIST, AS IN THE CASE OF MOST CONTRACTS, WHERE THE GENERAL RULE APPLIES THAT THE RELEVANT OBLIGATION IS THAT ON WHICH THE PLAINTIFF' S ACTION IS BASED . IN A DISPUTE CONCERNING PROCEEDINGS FOR THE RECOVERY OF FEES COMMENCED BY AN ARCHITECT COMMISSIONED TO DRAW UP PLANS FOR THE BUILDING OF HOUSES, THEREFORE, THE OBLIGATION TO BE TAKEN INTO CONSIDERATION IS THE CONTRACTUAL OBLIGATION WHICH FORMS THE ACTUAL BASIS OF THE LEGAL PROCEEDINGS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - INTERVENTION PRICE - SPECIAL PRICE INCREASE FOR BREAD RYE - CONDITIONS FOR GRANTING - QUALITY REQUIREMENTS - HARDENING TEMPERATURE - CONCEPT - EQUAL TREATMENT - BREACH - NONE

( COMMISSION REGULATION ( EEC ) NO 1570/77, ART . 6 ( 1 )*)

Summary

THE EXPRESSION "HARDENING TEMPERATURE" IN THE FIFTH INDENT OF ARTICLE 6 ( 1 ) OF REGULATION NO 1570/77 ON PRICE INCREASES AND REDUCTIONS APPLICABLE TO INTERVENTION IN CEREALS MUST BE INTERPRETED AS REFERRING TO THE TEMPERATURE OF AT LEAST 63*C WHICH IS REACHED AT THE TIME OF MAXIMUM VISCOSITY OF THE DOUGH .

BY CONFINING THE POSSIBILITY OF GRANTING A SPECIAL PRICE INCREASE TO PRODUCERS OF BREAD RYE THE QUALITY OF WHICH SATISFIES THE CRITERIA WHICH IT LAYS DOWN, THE FIFTH INDENT OF ARTICLE 6 ( 1 ) OF THE AFORESAID REGULATION DOES NOT VIOLATE THE PRINCIPLE OF EQUAL TREATMENT WHICH REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .
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ECSC - PRODUCTION - STEEL PRODUCTION QUOTAS - TRANSFER OF QUOTAS - SUPERVISION BY THE COMMISSION - REQUIREMENTS - OBSERVANCE OF THE QUARTERLY NATURE OF QUOTAS

( ECSC TREATY, ART . 58; DECISION NO 2177/83, ART . 11 ( 4 )*)

Summary

ALTHOUGH UNDER ARTICLE 11 ( 4 ) OF DECISION NO 2177/83 UNDERTAKINGS MAY, AFTER GIVING PRIOR NOTICE TO THE COMMISSION, MAKE TRANSFERS OF QUOTAS SO AS TO ADJUST THEIR PRODUCTION TO DEMAND, IT IS NECESSARY, IN ORDER TO ENABLE THE COMMISSION TO PERFORM ITS SUPERVISORY FUNCTION, THAT IT SHOULD TREAT SUCH TRANSFERS OBJECTIVELY AND INDEPENDENTLY OF INDIVIDUAL CONDITIONS AGREED BETWEEN UNDERTAKINGS . CONSEQUENTLY, THE QUOTA WHICH IS TRANSFERRED MUST ALWAYS, IRRESPECTIVE OF WHETHER THE TRANSFER IS BY WAY OF SALE OR UNDER A CONTRACT FOR PROCESSING, BE CREDITED TO THE TRANSFEREE AND DEDUCTED FROM THE TRANSFEROR' S AVAILABLE QUOTA . SINCE THE SAID PROVISION ALLOWS ONLY TRANSFERS OF QUOTAS RELATING TO THE CURRENT QUARTER, ANY RETURN OF QUOTAS DURING THE FOLLOWING QUARTER CANNOT AFFECT THE QUOTAS AVAILABLE TO THE TWO UNDERTAKINGS FOR THE PAST QUARTER .
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COMPETITION - TRANSPORT - TRANSPORT ON INLAND WATERWAYS - INTER-ASSOCIATION AGREEMENT IN A MEMBER STATE IMPOSING A LEVY ON EXPORT TRAFFIC ONLY - PROCEEDS USED FOR THE PROMOTION OF ALL INLAND WATERWAY TRANSPORT - LIMITED ACCESS OF BOATMEN FROM OTHER MEMBER STATES TO INLAND TRAFFIC - DISCRIMINATION

( COUNCIL REGULATION NO 1017/68 )

Summary

AN INTER-ASSOCIATION AGREEMENT IN A MEMBER STATE IMPOSING A LEVY OF 10% ON FREIGHTS FOR EXPORT TRAFFIC ON INLAND WATERWAYS, WHETHER CARGOES ARE CARRIED BY BOATMEN WHO ARE NATIONALS OF THAT STATE OR BY BOATMEN FROM OTHER MEMBER STATES, THE PROCEEDS OF WHICH ARE TO BE USED FOR THE PROMOTION OF BOTH DOMESTIC AND EXPORT TRAFFIC, IS DISCRIMINATORY AND ANTI-COMPETITIVE IN RELATION TO BOATMEN FROM OTHER MEMBER STATES IN SO FAR AS THEIR ACCESS TO DOMESTIC TRAFFIC IS VERY LIMITED AND THEY THEREFORE CANNOT DERIVE FROM THE INTENDED PROMOTION BENEFITS CORRESPONDING TO THEIR FINANCIAL CONTRIBUTION .
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MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - TRANSPOSITION OF A DIRECTIVE WITHOUT FORMAL AND VERBATIM INCORPORATION OF ITS PROVISIONS - PERMISSIBILITY - CONDITIONS - EXISTENCE OF A GENERAL LEGAL CONTEXT GUARANTEEING FULL APPLICATION OF THE DIRECTIVE

( EEC TREATY, ART . 189, THIRD PARAGRAPH )

Summary

UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY THE TRANSPOSITION OF A DIRECTIVE INTO DOMESTIC LAW DOES NOT NECESSARILY REQUIRE THAT ITS PROVISIONS BE INCORPORATED FORMALLY AND VERBATIM IN EXPRESS, SPECIFIC LEGISLATION; A GENERAL LEGAL CONTEXT MAY, DEPENDING ON THE CONTENT OF THE DIRECTIVE, BE ADEQUATE FOR THE PURPOSE PROVIDED THAT IT DOES INDEED GUARANTEE THE FULL APPLICATION OF THE DIRECTIVE IN A SUFFICIENTLY CLEAR AND PRECISE MANNER SO THAT, WHERE THE DIRECTIVE IS INTENDED TO CREATE RIGHTS FOR INDIVIDUALS, THE PERSONS CONCERNED CAN ASCERTAIN THE FULL EXTENT OF THEIR RIGHTS AND, WHERE APPROPRIATE, RELY ON THEM BEFORE THE NATIONAL COURTS .
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MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL THEM - JUSTIFICATION - UNACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS ARISING FROM COMMUNITY LAW .
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1 . OFFICIALS - ACTIONS - DISPUTES CONCERNING ELECTIONS TO THE STAFF COMMITTEE - JURISDICTION OF THE COURT - PROCEDURE - ACTION AGAINST DECISIONS OF THE APPOINTING AUTHORITY RESPONSIBLE FOR SUPERVISING THE ELECTIONS - REQUIREMENT OF THE PRIOR SUBMISSION OF AN OFFICIAL COMPLAINT - LEGAL INTEREST IN BRINGING AN ACTION - CAPACITY AS A PERSON ENTITLED TO VOTE

( EEC TREATY, ART . 179; STAFF REGULATIONS, ARTS 90 AND 91 )

2 . OFFICIALS - REPRESENTATION - STAFF COMMITTEE - ELECTIONS - CHOICE OF A VOTING SYSTEM BY A GENERAL MEETING OF STAFF - PERIOD THAT MUST ELAPSE BETWEEN THE ESTABLISHMENT OF THE VOTING SYSTEM AND THE EXPIRY OF THE TERM OF OFFICE OF THE OUTGOING COMMITTEE - UNDERLYING REASONS - MANDATORY NATURE - ELECTORAL RULES ADOPTED WITHIN THAT PERIOD - ANNULLED

( STAFF REGULATIONS, ART . 9 AND ANNEX II, ART . 1 )

Summary

1 . THE COURT HAS JURISDICTION IN ELECTORAL DISPUTES CONCERNING THE APPOINTMENT OF STAFF COMMITTEES ON THE BASIS OF THE PROVISIONS RELATING TO APPLICATIONS BY OFFICIALS WHICH ARE LAID DOWN BY THE STAFF REGULATIONS PURSUANT TO ARTICLE 179 OF THE EEC TREATY . THE JUDICIAL REVIEW IS CARRIED OUT IN CONNECTION WITH ACTIONS BROUGHT AGAINST THE INSTITUTION CONCERNED REGARDING THE ACTS OR OMISSIONS OF THE APPOINTING AUTHORITY ARISING OUT OF THE EXERCISE OF ITS SUPERVISORY FUNCTION . THE ADMISSIBILITY OF SUCH ACTIONS IS CONDITIONAL ON THE PRIOR SUBMISSION OF AN OFFICIAL COMPLAINT .

EVERY PERSON ENTITLED TO VOTE HAS A LEGAL INTEREST IN BRINGING PROCEEDINGS IN SUCH CASES SINCE HE HAS AN INTEREST IN ENSURING THAT HIS REPRESENTATIVES ON THE STAFF COMMITTEE ARE ELECTED IN CONDITIONS AND ACCORDING TO VOTING ARRANGEMENTS WHICH COMPLY WITH THE PROVISIONS OF THE STAFF REGULATIONS GOVERNING VOTING PROCEDURE IN THIS CONTEXT .

2 . A PROVISION WHEREBY THE GENERAL STAFF MEETING FOR DETERMINING THE CONDITIONS FOR THE ELECTIONS TO THE STAFF COMMITTEE MUST BE HELD AT LEAST ONE MONTH IN ADVANCE OF THE EXPIRY OF THE TERM OF OFFICE OF THE OUTGOING COMMITTEE IS DESIGNED TO ALLOW THE VOTING SYSTEM TO BE LAID DOWN BY A MEETING HELD AT LEAST ONE MONTH BEFORE THE ELECTIONS WHICH, IN PRINCIPLE, COINCIDE WITH THAT EXPIRY-DATE, SO AS TO CREATE THE CONDITIONS FOR QUIET REFLECTION AND THEREBY MAKE THE CHOICE OF VOTING SYSTEM AS OBJECTIVE AS POSSIBLE, WITHOUT ANY AIM OF INFLUENCING THE OUTCOME OF THE FORTHCOMING ELECTIONS . IT FOLLOWS THAT THE INTERVAL OF ONE MONTH CONSTITUTES A MANDATORY PROVISION, SO THAT ELECTORAL RULES WHICH ARE ADOPTED BY A GENERAL STAFF MEETING HELD IN CONTRAVENTION OF THAT PROVISION ARE VITIATED BY ILLEGALITY AND MUST BE ANNULLED . THE ILLEGALITY CANNOT, IN VIEW OF THE PURPOSE OF THAT INTERVAL, BE EXPUNGED BY THE DEFERMENT OF THE DATE OF THE ELECTIONS .
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1 . APPLICATION FOR ANNULMENT - CONTESTED PROVISION EXTENDED WITHOUT SUBSTANTIAL AMENDMENT DURING THE PROCEEDINGS - FRESH ISSUE - EXTENSION OF THE SUBJECT-MATTER OF THE APPLICATION - WHETHER PERMISSIBLE

2 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - GENERAL DECISION PERMITTING THE GRANT OF ADDITIONAL QUOTAS TO AN UNDERTAKING WHERE THAT UNDERTAKING IS A MEMBER STATE' S SOLE STEEL PRODUCER - ASSESSMENT IN RELATION TO THE QUOTA SYSTEM - MISUSE OF POWERS

( ECSC TREATY, ART . 33, SECOND PARAGRAPH, AND ART . 58; DECISION NO 2760/85/ECSC AND DECISION NO 3485/85/ECSC, ART . 14 C )

Summary

1 . IN PROCEEDINGS FOR ANNULMENT, THE FACT THAT THE PERIOD OF VALIDITY OF THE CONTESTED PROVISION IS EXTENDED DURING THE PROCEEDINGS WITHOUT THE PRINCIPLE WHICH IT LAYS DOWN AND WHICH LIES AT THE HEART OF THE DISPUTE BEING AMENDED MUST BE REGARDED AS A FRESH ISSUE PERMITTING THE APPLICANT TO AMEND ITS CONCLUSIONS IN ORDER TO SEEK THE ANNULMENT OF THE PROVISION EXTENDING THE VALIDITY OF THE CONTESTED PROVISION . IT WOULD BE CONTRARY TO THE PROPER ADMINISTRATION OF JUSTICE AND TO THE REQUIREMENTS OF PROCEDURAL ECONOMY TO DEMAND THAT THE APPLICANT BRING FRESH PROCEEDINGS .

2 . DECISION NO 2760/85/ECSC AND ARTICLE 14 C OF DECISION NO 3485/85/ECSC, PERMITTING THE GRANT OF ADDITIONAL QUOTAS TO AN UNDERTAKING WHERE IT IS A MEMBER STATE' S SOLE STEEL PRODUCER, ARE VITIATED BY A MISUSE OF POWERS AND MUST THEREFORE BE ANNULLED . THE AIM OF GUARANTEEING A MEMBER STATE' S SUPPLY OF STEEL PRODUCTS CANNOT BE PURSUED WITHIN THE FRAMEWORK OF THE QUOTA SYSTEM ESTABLISHED UNDER ARTICLE 58 OF THE ECSC TREATY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BOVINE MEATS - EXPORT REFUNDS - PREPARATIONS AND PRESERVES CONTAINING BOVINE MEATS - DETERMINATION OF THE PERCENTAGE OF BOVINE MEATS - EXCLUSION OF "FAT"

( COMMISSION REGULATION NO 187/80, ANNEX )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - DECISION CONCERNING THE CLEARANCE OF ACCOUNTS - TIME-LIMIT - FAILURE TO COMPLY - EFFECT ON THE COMMISSION' S OBLIGATION NOT TO ACCEPT EXPENDITURE INCURRED OTHERWISE THAN IN CONFORMITY WITH COMMUNITY RULES - NONE

( REGULATION NO 729/70 OF THE COUNCIL, ART . 5 ( 2 ) )

Summary

1 . SUBHEADING EX 16.02 B III ( B ) 1 IN THE ANNEX TO REGULATION NO 187/80 FIXING THE EXPORT REFUNDS ON BEEF AND VEAL MUST BE INTERPRETED AS MEANING THAT IN DETERMINING THE PERCENTAGE OF BOVINE MEATS CONTAINED IN PREPARATIONS OR PRESERVES, FAT ATTACHED TO PIECES OF MEAT USED IN THE PRODUCT AND WHICH APPEAR TO BE CLEARLY DISTINCT THEREFROM IS NOT TO BE REGARDED AS BOVINE MEAT . AN INTERPRETATION WHICH ALSO EXCLUDES ANY PROPORTION OF FAT NOT APPARANT TO THE NAKED EYE WHICH MAY BE INSIDE THE MUSCLE TISSUE AND WHICH CANNOT BE PHYSICALLY DETACHED FROM THE PIECE OF MEAT USED CANNOT BE REGARDED AS DICTATED BY THE PROVISION .

2 . THE MERE FACT THAT THE ACCOUNTS CONCERNING EXPENDITURE TO BE CHARGED TO THE EAGGF ARE CLEARED AFTER THE EXPIRY OF THE PERIOD PRESCRIBED IN ARTICLE 5 OF REGULATION NO 729/70 DOES DISPENSE THE COMMISSION FROM ITS OBLIGATIONS TO REFUSE TO CHARGE TO THE EAGGF EXPENDITURE WHICH THE CHECKS WHICH IT IS ABLE TO CARRY OUT SHOW NOT TO HAVE BEEN INCURRED IN ACCORDANCE WITH COMMUNITY RULES . SINCE NO PENALTY IS IMPOSED FOR FAILURE TO COMPLY WITH THAT TIME-LIMIT, IT MAY THEREFORE BE REGARDED AS A MERELY FORMAL LIMIT, SAVE WHERE THE INTERESTS OF A MEMBER STATE ARE AFFECTED .