ddrg/super_eurlex huggingface dataset:
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COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - MIXTURES - INTERPRETATION - RULES APPLICABLE

Summary

WHEN A MIXTURE IS, PRIMA FACIE, CLASSIFIABLE UNDER TWO OR MORE HEADINGS OF THE COMMON CUSTOMS TARIFF, EACH OF WHICH RELATES TO ONE OF THE MATERIALS COMPOSING THE MIXTURE, NONE OF THE HEADINGS CAN BE REGARDED AS MORE SPECIFIC THAN THE OTHERS ON THE SOLE GROUND THAT IT GIVES A MORE PRECISE OR COMPLETE DESCRIPTION OF THE PRODUCT REFERRED TO .

IN CLASSIFYING SUCH A PRODUCT RULE 3 ( B ) OR 3 ( C ) OF THE GENERAL RULES MUST THEREFORE BE APPLIED .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - INTERVENTION - PURCHASES - LIMITATION THEREOF - AUTHORIZATION GRANTED BY THE COMMISSION TO THE FEDERAL REPUBLIC OF GERMANY

( DECISION NO 69/138 OF THE COMMISSION OF 8 MAY 1969 )

Summary

AMOUNTING AS IT DOES TO A JUSTIFIED PRECAUTION AGAINST ACTIVITIES OF A SPECULATIVE NATURE, DECISION 69/138 OF THE COMMISSION OF 8 MAY 1969 AUTHORIZING THE FEDERAL REPUBLIC OF GERMANY TO LIMIT INTERVENTION ON CERTAIN CEREALS ( OJ 112, P . 1 ) IS VALID IN THE CASE OF CEREALS HARVESTED IN OTHER MEMBER STATES OF THE COMMUNITY WHICH ON EITHER 2 MAY 1969 OR 8 MAY 1969 WERE IN TRANSIT TO THE FEDERAL REPUBLIC OF GERMANY AND IN RESPECT OF WHICH AN OFFER IN PROPER FORM WAS NOT MADE TO THE INTERVENTION AGENCY UNTIL AFTER THAT DATE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - INSURANCE PERIOD OF LESS THAN ONE YEAR - BENEFITS - RIGHT ACQUIRED BY VIRTUE OF THE LEGISLATION OF THE MEMBER STATE IN QUESTION - ARTICLE 48 OF REGULATION NO 1408/71 - INAPPLICABILITY

Summary

ARTICLE 48 OF REGULATION NO 1408/71 IS NOT APPLICABLE WHERE THE RIGHT TO BENEFITS OF A MIGRANT WORKER OR HIS SURVIVORS ALREADY ARISES SOLELY FROM THE PROVISIONS OF THE LEGISLATION OF THE MEMBER STATE IN QUESTION .
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1 . OFFICIALS - ACTION FOR ANNULMENT - ACTION FOR DAMAGES - NO DISTINCTION - TIME WITHIN WHICH AN ACTION MUST BE BROUGHT

( STAFF REGULATIONS, ARTICLE 90 AND ARTICLE 91 )

2 . OFFICIALS - ACTION FOR DAMAGES - ORIGIN - PLACE OF EMPLOYMENT - LEGAL BASIS

( STAFF REGULATIONS, ARTICLE 90 AND ARTICLE 91 )

Summary

1 . SINCE ARTICLES 90 AND 91 OF THE STAFF REGULATIONS MAKE NO DISTINCTION BETWEEN THE ACTION FOR ANNULMENT AND THE ACTION FOR DAMAGES AS REGARDS ADMINISTRATIVE AND CONTENTIOUS PROCEDURE, THE PERSON CONCERNED IS AT LIBERTY, IN VIEW OF THE INDEPENDENCE OF THE DIFFERENT TYPES OF ACTION, TO CHOOSE EITHER ONE OR THE OTHER, OR BOTH TOGETHER, ON CONDITION THAT HE BRINGS HIS ACTION WITHIN THE PERIOD OF THREE MONTHS AFTER THE REJECTION OF HIS COMPLAINT .

2 . A DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION TO WHICH HE IS OR WAS ANSWERABLE CONCERNING COMPENSATION FOR DAMAGE IS PURSUED, WHERE IT ORIGINATES IN A RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION, UNDER ARTICLE 179 OF THE TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AND, AS REGARDS IN PARTICULAR THE QUESTION OF ITS ADMISSIBILITY, LIES OUTSIDE THE SPHERE OF APPLICATON OF ARTICLES 178 AND 215 OF THE TREATY AND OF ARTICLE 43 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC .
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1 . MEASURES ADOPTED BY AN INSTITUTION - DIRECTIVES - BINDING EFFECT - TIME-LIMITS FOR THE IMPLEMENTATION OF SUCH MEASURES

( EEC TREATY , ARTICLE 189 )

2 . MEMBER STATES - OBLIGATIONS - PERFORMANCE - DELAYS BY OTHER MEMBER STATES - JUSTIFICATION FOR FAILURE TO PERFORM OBLIGATIONS - INADMISSIBILITY

3 . COMMUNITY LAW - CHARACTER AS NEW LAW

4 . MEMBER STATES - OBLIGATIONS - FAILURE - LIABILITY - EXTENT

( EEC TREATY , ARTICLE 169 )

Summary

1 . ALTHOUGH THE PROVISIONS OF A DIRECTIVE ARE NO LESS BINDING ON THE MEMBER STATES TO WHICH THEY ARE ADDRESSED THAN THE PROVISIONS OF ANY OTHER RULE OF COMMUNITY LAW , SUCH AN EFFECT ATTACHES A FORTIORI TO THE PROVISIONS RELATING TO THE PERIODS ALLOWED FOR IMPLEMENTING THE MEASURES PRESCRIBED , IN PARTICULAR SINCE THE EXISTENCE OF DIFFERENCES IN THE RULES APPLIED IN THE MEMBER STATES AFTER THESE PERIODS HAVE EXPIRED MIGHT RESULT IN DISCRIMINATION .

2 . ANY DELAYS THERE MAY HAVE BEEN ON THE PART OF OTHER MEMBER STATES IN PERFORMING OBLIGATIONS IMPOSED BY A DIRECTIVE MAY NOT BE INVOKED BY A MEMBER STATE IN ORDER TO JUSTIFY ITS OWN , EVEN TEMPORARY , FAILURE TO PERFORM ITS OBLIGATIONS .

3 . THE TREATY DID NOT MERELY CREATE RECIPROCAL OBLIGATIONS BETWEEN THE VARIOUS SUBJECTS TO WHOM IT APPLIES , BUT ESTABLISHED A NEW LEGAL ORDER WHICH GOVERNS THE POWERS , RIGHTS AND DUTIES OF THE SAID SUBJECTS , AS WELL AS THE PROCEDURES NECESSARY FOR THE PURPOSES OF HAVING ANY INFRINGEMENT DECLARED AND PUNISHED .

4 . UNDER ARTICLE 169 OF THE TREATY , THE MEMBER STATES ARE LIABLE NO MATTER WHICH ORGAN OF THE STATE IS RESPONSIBLE FOR THE FAILURE .

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 THE OBLIGATIONS AND TIME-LIMITS UNDER COMMUNITY DIRECTIVES
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PROCEEDINGS - ACTION - NATIONAL IMPLEMENTING MEASURES - COMMUNITY RULES - PRESUMED ILLEGALITY - INADMISSIBILITY - NATIONAL COURT OR TRIBUNAL - JURISDICTION

Summary

WHEN AN ACTION IS BROUGHT AGAINST DECISIONS OF THE NATIONAL AUTHORITIES ADOPTED IN IMPLEMENTATION OF COMMUNITY RULES WHICH THE APPLICANT REGARDS AS UNLAWFUL , THE QUESTION OF THE LEGALITY OF SUCH IMPLEMENTING MEASURES ADOPTED IN PURSUANCE OF COMMUNITY LAW IS A MATTER FOR THE COMPETENT NATIONAL COURTS OR TRIBUNALS TO DECIDE , USING THE PROCEDURES LAID DOWN UNDER NATIONAL LAW AND AFTER APPLICATION , WHERE APPROPRIATE , OF ARTICLE 177 OF THE TREATY , IN PARTICULAR ON QUESTIONS CONCERNING THE VALIDITY OF THE COMMUNITY PROVISIONS APPLIED .

IT IS , THEREFORE , IMPOSSIBLE TO REFER THE MATTER TO THE COURT OF JUSTICE BY THE EXPEDIENT OF AN ACTION BROUGHT UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY IN ORDER TO OBTAIN A MA- TERIAL REVISION OF SUCH IMPLEMENTING MEASURES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - RICE - INTERNAL MARKET - INTERVENTION - EXPENSES - FINANCING - EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - TAKING OVER RESPONSIBILITY - MANAGEMENT COMMITTEE PROCEDURE - WAREHOUSING - TRANSPORTATION - EXPENSES - DEFRAYING

( REGULATION ( CEE ) NO 787/69 OF THE COUNCIL , ARTICLE 4 ( 1 ) ( E ) AND ( G ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - RICE - INTERNAL MARKET - INTERVENTION - EXPENSES - FINANCING - EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - TAKING OVER RESPONSIBILITY - MANAGEMENT COMMITTEE PROCEDURE - TRANSPORTATION - ARTICLE 4 ( 1 ) ( G ) OF REGULATION ( EEC ) NO 787/69 - APPLICATION - POWERS AND DUTIES OF THE COMMISSION

Summary

1 . ARTICLE 4 ( 1 ) ( E ) OF REGULATION ( EEC ) NO 787/69 , WHICH IS INTENDED TO COVER THE STORAGE COSTS OF ALL QUANTITIES OF CEREALS STORED BY THE INTERVENTION AGENCY IS NOT CAPABLE , EITHER BY ITS WORDING OR BY THE METHOD OF CALCULATION AT PRESENT IN USE , OF COVERING THE COSTS OF TRANSPORTATION WHICH DOES NOT FULFIL THE CONDITIONS IN SUBPARAGRAPH ( G ).

2 . ALTHOUGH IT IS WITHIN THE POWERS OF THE COMMISSION , AFTER CONSULTATION WITH THE MANAGEMENT COMMITTEE , TO PROMULGATE GENERAL RULES PRESCRIBING THE CASES IN WHICH THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND IS TO TAKE RESPONSIBILITY FOR TRANSPORTATION COSTS WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( G ) OF REGULATION ( EEC ) NO 787/69 , IT MUST DO SO IN ADVANCE TO ENABLE THE MEMBER STATES , IF NEED BE , TO REVISE THEIR ARRANGEMENTS . IN THE ABSENCE OF GENERAL RULES , IT CANNOT HOLD THAT TRANSPORTATION IS NOT MADE NECESSARY SOLELY BECAUSE IT IS THE RESULT OF THE DETERMINATION OF LEASES IF , GIVEN THE PARTICULAR CIRCUMSTANCES OF INTER- VENTION AND OF ITS CONNEXION WITH THE MONETARY SITUATION , THE STORAGE SYSTEM OPERATED IN A STATE WHERE SUCH DETERMINATION IS ALLOWED IS ECON- OMICALLY SOUND .

THE COMMISSION IS ALSO UNDER A DUTY , AFTER CONSULTATION WITH THE MANAGEMENT COMMITTEE , TO DETER- MINE WHETHER THE SECOND CONDITION IN SUBPARAGRAPH ( G ) IS FULFILLED , IN PARTICULAR WHETHER THE MODE OF TRANSPORT CHOSEN FOR THE CEREALS AND THE ROUTE FOLLOWED INVOLVE THE FUND IN NECESSARY COSTS ONLY .

ON THIS SUBJECT IT MAY DECIDE , AFTER CONSULTATION WITH THE MANAGEMENT1 - LANGUAGE OF THE CASE : GERMAN .

COMMITTEE THAT , AS A GENERAL RULE , ITS ADVANCE AUTHORIZATION IS ESSENTIAL . HOWEVER , NO SUCH RULE HAVING BEEN PROMULGATED , IT COULD NOT REJECT A REQUEST THAT IT SHOULD ACCEPT RESPONSIBILITY MERELY BECAUSE THE REQUEST WAS MADE AFTER TRANSPORTATION .
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PROCEDURE - JUDGMENT OF THE COURT - REVISION - JUDGMENT OF A COURT SUBSEQUENT TO JUDGMENT OF THE COURT OF JUSTICE - NEW FACT - ABSENCE IN CASE OF CONFIRMATION OF EARLIER JUDGMENTS

STATUTE OF THE COURT OF JUSTICE OF THE EEC , ARTICLE 41

Summary

THE MERE FACT THAT THE JUDGMENT OF A COURT IS SUBSEQUENT TO THE JUDGMENT OF THE COURT OF JUSTICE CANNOT OF ITSELF PREVENT THE FIRST-MENTIONED JUDGMENT FROM BEING CONSIDERED AS THE DISCOVERY OF A NEW FACT . SUCH A JUDGMENT DOES NOT AMOUNT TO THE DISCOVERY OF A NEW FACT IF IT ONLY CONFIRMS EARLIER JUDGMENTS AND DRAWS THE FORESEEABLE LEGAL CONSEQUENCES FROM THAT CONFIRMATION .
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COMMUNITY INSTITUTIONS - OFFICIALS - REPRESENTATION - STAFF COMMITTEES - ELECTION - LEGALITY - DUTIES OF THE INSTITUTIONS - REVIEW BY THE COURT - LEGAL REMEDIES - JURISDICTION OF THE COURT OF JUSTICE

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 9 ( 2 ), 90 , 91 AND ANNEX II )

Summary

IT FOLLOWS FROM ARTICLE 9 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS AND , IN GENERAL , FROM THE POWER OF ORGANIZATION WHICH EACH INSTITUTION EXERCISES WITHIN ITS OWN SPHERE OF JURISDICTION AND FROM ITS DUTY TO ENSURE THAT OFFICIALS HAVE COMPLETE FREEDOM TO CHOOSE THEIR REPRESENTATIVES IN ACCORDANCE WITH DEMOCRATIC RULES THAT INSTITUTIONS ARE NOT ONLY ENTITLED TO INTERVENE OF THEIR OWN VOLITION WHEN THEY HAVE DOUBTS AS TO THE LEGALITY OF ELECTIONS TO THE STAFF COMMITTEE BUT MUST IN ADDITION SETTLE COMPLAINTS WHICH MAY BE SUBMITTED TO THEM IN THIS CONNEXION UNDER THE PROCEDURE LAID DOWN BY ARTICLES 90 AND 91 OF THE STAFF REGULATIONS .

THUS 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 IN PURSUANCE OF ARTICLE 179 OF THE EEC TREATY . WITHIN THIS FRAMEWORK THE COURT IS REQUIRED TO EXAMINE , IN ACCORDANCE WITH ITS GENERAL TASK UNDER ARTICLE 164 OF THE EEC TREATY AND THE PARALLEL PROVISIONS OF THE ECSC AND EAEC TREATIES ALL OBJECTIONS RAISED AGAINST ELECTIONS HAVING REGARD TO THE RULES RELATING TO FREEDOM AND DEMOCRACY COMMON TO ALL THE MEMBER STATES IN MATTERS OF ELECTORAL LAW .
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1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - CONFERMENT OF JURISDICTION BY CONSENT - EFFECT - VALIDITY - REQUIREMENTS - STRICT CONSTRUCTION - CONSENSUS BETWEEN PARTIES

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 17 )

2 . CONVENTION OF 27 SEPTEMBER 1968 - JURISDICTION - CONFERMENT OF JURISDICTION BY CONSENT - FORM - ORALLY CONCLUDED CONTRACT - VENDOR ' S CONFIRMATION IN WRITING - NOTIFICATION OF GENERAL CONDITIONS OF SALE - CLAUSE CONFERRING JURISDICTION - NEED FOR ACCEPTANCE IN WRITING BY THE PURCHASER - ORAL AGREEMENT WITHIN THE FRAMEWORK OF A CONTINUING TRADING RELATIONSHIP - IMPLIED ACCEPTANCE OF THE CLAUSE CONFERRING JURISDICTION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 17 )

Summary

1 . THE WAY IN WHICH ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 IS TO BE APPLIED MUST BE INTERPRETED IN THE LIGHT OF THE EFFECT OF THE CONFERMENT OF JURISDICTION BY CONSENT , WHICH IS TO EXCLUDE BOTH THE JURISDICTION DETERMINED BY THE GENERAL PRINCIPLE LAID DOWN IN ARTICLE 2 AND THE SPECIAL JURISDICTIONS PROVIDED FOR IN ARTICLES 5 AND 6 OF THE CONVENTION . IN VIEW OF THE CONSEQUENCES THAT SUCH AN OPTION MAY HAVE ON THE POSITION OF THE PARTIES TO THE ACTION , THE REQUIREMENTS SET OUT IN ARTICLE 17 GOVERNING JURISDICTION MUST BE STRICTLY CONSTRUED . BY MAKING SUCH VALIDITY SUBJECT TO THE EXISTENCE OF AN ' AGREEMENT ' BETWEEN THE PARTIES , ARTICLE 17 IMPOSES UPON THE COURT BEFORE WHICH THE MATTER IS BROUGHT THE DUTY OF EXAMINING , FIRST , WHETHER THE CLAUSE CONFERRING JURISDICTION UPON IT WAS IN FACT THE SUBJECT OF A CONSENSUS BETWEEN THE PARTIES , WHICH MUST BE CLEARLY AND PRECISELY DEMONSTRATED , THE PURPOSE OF THE FORMAL REQUIREMENTS IMPOSED BY ARTICLE 17 BEING TO ENSURE THAT THE CONSENSUS BETWEEN THE PARTIES IS IN FACT ESTABLISHED .

2 . IN THE CASE OF AN ORALLY CONCLUDED CONTRACT , THE REQUIREMENTS OF THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 AS TO FORM ARE SATISFIED ONLY IF THE VENDOR ' S CONFIRMATION IN WRITING ACCOMPANIED BY NOTIFICATION OF THE GENERAL CONDITIONS OF SALE HAS BEEN ACCEPTED IN WRITING BY THE PURCHASER . THE FACT THAT THE PURCHASER DOES NOT RAISE ANY OBJECTIONS AGAINST A CONFIRMATION ISSUED UNILATERALLY BY THE OTHER PARTY DOES NOT AMOUNT TO ACCEPTANCE ON HIS PART OF THE CLAUSE CONFERRING JURISDICTION , UNLESS THE ORAL AGREEMENT COMES WITHIN THE FRAMEWORK OF A CONTINUING TRADING RELATIONSHIP BETWEEN THE PARTIES WHICH IS BASED ON THE GENERAL CONDITIONS OF ONE OF THEM , AND THOSE CONDITIONS CONTAIN A CLAUSE CONFERRING JURIDICTION .
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1 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL POWERS - MATTERS RELATING TO A CONTRACT - OBLIGATION - CONCEPT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 1 ))

2 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL POWERS - MATTERS RELATING TO A CONTRACT - EXCLUSIVE CONCESSION - ACTION BROUGHT BY THE GRANTEE AGAINST THE GRANTOR - CONTRACTUAL OBLIGATION - CONCEPT - COMPENSATION BY WAY OF DAMAGES - ACTION FOR PAYMENT - POWERS OF THE NATIONAL COURT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 1 ))

3 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL POWERS - GRANTEE OF AN EXCLUSIVE SALES CONCESSION - CONTROL OF BRANCH , AGENCY OR OTHER ESTABLISHMENT - CRITERIA FOR DISTINCTION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 5 ))

Summary

1 . FOR THE PURPOSE OF DETERMINING THE PLACE OF PERFORMANCE WITHIN THE MEANING OF ARTICLE 5 OF THE CONVENTION OF 27 SEPTEMBER 1968 THE OBLIGATION TO BE TAKEN INTO ACCOUNT IS THAT WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT ON WHICH THE PLAINTIFF ' S ACTION IS BASED . IN A CASE WHERE THE PLAINTIFF ASSERTS THE RIGHT TO BE PAID DAMAGES OR SEEKS THE DISSOLUTION OF THE CONTRACT BY REASON OF THE WRONGFUL CONDUCT OF THE OTHER PARTY , THE OBLIGATION REFERRED TO IN ARTICLE 5 ( 1 ) IS STILL THAT WHICH ARISES UNDER THE CONTRACT AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON TO SUPPORT SUCH CLAIMS .

2 . IN DISPUTES IN WHICH THE GRANTEE OF AN EXCLUSIVE SALES CONCESSION CHARGES THE GRANTOR WITH HAVING INFRINGED THE EXCLUSIVE CONCESSION , THE WORD ' OBLIGATION ' CONTAINED IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS REFERS TO THE OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS , NAMELY THE CONTRACTUAL OBLIGATION OF THE GRANTOR WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION .

IN DISPUTES CONCERNING THE CONSEQUENCES OF THE INFRINGEMENT BY THE GRANTOR OF A CONTRACT CONFERRING AN EXCLUSIVE CONCESSION , SUCH AS THE PAYMENT OF DAMAGES OR THE DISSOLUTION OF THE CONTRACT , THE OBLIGATION TO WHICH REFERENCE MUST BE MADE FOR THE PURPOSES OF APPLYING ARTICLE 5 ( 1 ) OF THE CONVENTION IS THAT WHICH THE CONTRACT IMPOSES ON THE GRANTOR AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION FOR DAMAGES OR FOR THE DISSOLUTION OF THE CONTRACT .

IN THE CASE OF ACTIONS FOR THE PAYMENT OF COMPENSATION BY WAY OF DAMAGES , IT IS FOR THE NATIONAL COURT TO ASCERTAIN WHETHER , UNDER THE LAW APPLICABLE TO THE CONTRACT , AN INDEPENDENT CONTRACTUAL OBLIGATION OR AN OBLIGATION REPLACING THE UNPERFORMED CONTRAC- TUAL OBLIGATION IS INVOLVED .

3 . WHEN THE GRANTEE OF AN EXCLUSIVE SALES CONCESSION IS NOT SUBJECT EITHER TO THE CONTROL OR TO THE DIRECTION OF THE GRANTOR , HE CANNOT BE REGARDED AS BEING AT THE HEAD OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT OF THE GRANTOR WITHIN THE MEANING OF ARTICLE 5 ( 5 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - RIGHTS CREATED BY THE TREATY - EXERCISE - DETAILED RULES - POWER OF THE COUNCIL

( EEC TREATY , ARTICLE 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - OVERLAPPING - LIMITATION - ENTITLEMENT BY VIRTUE OF NATIONAL LEGISLATION ALONE - REDUCTION - PROHIBITION

( EEC TREATY , ARTICLE 51 ; REGULATION NO 1408/71 , ARTICLE 46 ( 3 ); DECISION NO 91 OF THE ADMINISTRATIVE COMMISSION )

Summary

1 . IN THE EXERCISE OF THE POWERS WHICH IT HOLDS UNDER ARTICLE 51 CONCERNING THE COORDINATION OF THE SOCIAL SECURITY SCHEMES OF THE MEMBER STATES , THE COUNCIL HAS THE POWER , IN CONFORMITY WITH THE PROVISIONS OF THE TREATY , TO LAY DOWN DETAILED RULES FOR THE EXERCISE OF RIGHTS TO SOCIAL BENEFITS WHICH THE PERSONS CONCERNED DERIVE FROM THE TREATY .

2 . A LIMITATION ON THE OVERLAPPING OF BENEFITS WHICH WOULD LEAD TO A DIMINUTION OF THE RIGHTS WHICH THE PERSONS CONCERNED ALREADY ENJOY IN A MEMBER STATE BY VIRTUE OF THE APPLICATION OF THE NATIONAL LEGISLATION ALONE IS INCOMPATIBLE WITH ARTICLE 51 . ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 AND DECISION NO 91 OF THE ADMINISTRATIVE COMMISSION ARE INCOMPATIBLE WITH ARTICLE 51 OF THE TREATY TO THE EXTENT TO WHICH THEY IMPOSE A LIMITATION ON THE OVERLAPPING OF TWO BENEFITS ACQUIRED IN DIFFERENT MEMBER STATES BY A REDUCTION OF THE AMOUNT OF THE BENEFIT ACQUIRED UNDER NATIONAL LEGISLATION ALONE .
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1 . AGRICULTURE - PIG-MEAT - SAUSAGES - PACKING - PRESERVING LIQUID - LEVY - CHARGING ON NET WEIGHT

( REGULATION NO 85/63 )

2 . AGRICULTURE - PIG-MEAT - REGULATION NO 84/66/EEC - AMENDMENT OF REGULATION NO 85/63/EEC - NON-EXISTENT - DECLARATORY EFFECT

Summary

1 . UNDER THE SYSTEM PROVIDED FOR BY REGULATION NO 85/63/EEC , THE LEVY ON SAUSAGES PUT UP IN CONTAINERS WITH PRESERVING LIQUID HAD TO BE CHARGED ON THE NET WEIGHT AFTER DEDUCTING THE WEIGHT OF SUCH LIQUID .

2 . THE EFFECT OF REGULATION NO 84/66/EEC WAS NOT TO ALTER THE SCOPE OF REGULATION NO 85/63/EEC AND CONSEQUENTLY ITS EFFECT WAS MERELY DECLARATORY OF THE PRE-EXISTING SITUATION .
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1 . PROCEDURE - PROCEEDINGS INSTITUTED BY INDIVIDUALS - MEASURE OF DIRECT AND INDIVIDUAL CONCERN - CONCEPT - ADMISSIBILITY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 173 )

2 . PROCEDURE - PROCEEDINGS INSTITUTED BY INDIVIDUALS - MEASURE NOT APPLICABLE TO THE PLAINTIFF - LACK OF LEGAL INTEREST - INADMISSIBILITY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 173 )

3 . PROCEDURE - COSTS - UNREASONABLE COSTS - PAYMENT THEREOF

( RULES OF PROCEDURE , ARTICLE 69 ( 3 ))

Summary

1 . PROCEEDINGS INSTITUTED BY NATURAL OR LEGAL PERSONS ARE ADMISSIBLE AGAINST A MEASURE OF AN INSTITUTION CONCERNING THEM BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS AND DISTINGUISHED INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

2 . PROCEEDINGS INSTITUTED BY ANY NATURAL OR LEGAL PERSON AGAINST A MEASURE ( REGULATION ) WHICH IS NOT APPLICABLE TO THE SITUATION OF THE PLAINTIFF ARE INADMISSIBLE FOR LACK OF LEGAL INTEREST .

3 . EVEN A SUCCESSFUL PARTY WHICH , THROUGHOUT THE PROCEEDINGS , BASED ITS POSITION ON A PRESUMPTION WHICH REVEALS ITSELF TO BE UNFOUNDED MAY BE ORDERED TO PAY THE COSTS WHICH IT CAUSED THE OTHER PARTY TO INCUR .
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1 . COMMUNITY LAW - LINGUISTIC DISCREPANCIES - ELIMINATION - INTERPRETATION

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SKIMMED MILK - PROCESSING INTO CASEIN BEFORE 7 OCTOBER 1974 - MARKETING AFTER THAT DATE - AID - CALCULATION - RATE OF CONVERSION

Summary

1 . THE ELIMINATION OF LINGUISTIC DIS- CREPANCIES BY WAY OF INTERPRETATION MAY IN CERTAIN CIRCUMSTANCES RUN COUNTER TO THE CONCERN FOR LEGAL CERTAINTY , INASMUCH AS ONE OR MORE OF THE TEXTS INVOLVED MAY HAVE TO BE INTERPRETED IN A MANNER AT VARIANCE WITH THE NATURAL AND USUAL MEANING OF THE WORDS . CONSEQUENTLY , IT IS PREFERABLE TO EXPLORE THE POSSIBILITIES OF SOLVING THE POINTS AT ISSUE WITHOUT GIVING PREFERENCE TO ANY ONE OF THE TEXTS INVOLVED .

2 . A MERE READING OF THE RELEVANT TEXTS LEADS TO THE CONCLUSION THAT MARKETING WAS THE EVENT BY WHICH THE MANU- FACTURER BECAME ENTITLED TO AID . IT FOLLOWS THAT MARKETING WAS ' LE FAIT GENERATEUR DE LA CREANCE ' WITHIN THE MEANING OF THE FRENCH TEXT AND THE OTHER CORRESPONDING TEXTS AS WELL AS ' THE EVENT BY WHICH THE AMOUNT BECAME DUE AND PAYABLE ' WITHIN THE MEANING OF THE ENGLISH TEXT OF ARTICLE 6 OF REGULATION NO 1134/68 . THAT PROVISION , IN CONJUNCTION WITH REGULATION NO 756/70 MUST THEREFORE BE UNDERSTOOD TO MEAN THAT THE AMOUNT OF AID FOR SKIMMED MILK PROCESSED INTO CASEIN BEFORE 7 OCTOBER 1974 BUT MARKETED AFTER THAT DATE IS TO BE CALCULATED BY REFERENCE TO THE RATE OF CONVERSION BETWEEN THE IRISH POUND AND THE UNIT OF ACCOUNT APPLICABLE ON THE DATE OF MARKETING .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMMUNITY ARRANGEMENTS - BURDEN OF COSTS - DISCRIMINATORY DISTRIBUTION BETWEEN THE VARIOUS AGRICULTURAL SECTORS - NOT PERMISSIBLE

( EEC TREATY , ARTICLE 39 AND SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES - COMPULSORY PURCHASE - COUNCIL REGULATION ( EEC ) NO 563/76 - INVALIDITY

Summary

1 . COMMUNITY ARRANGEMENTS WHICH IMPOSE A DISCRIMINATORY DISTRIBUTION OF THE BURDEN OF COSTS BETWEEN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION CANNOT BE JUSTIFIED FOR THE PURPOSE OF ATTAINING THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY .

2 . COUNCIL REGULATION NO 563/76 OF 15 MARCH 1976 ON THE COMPULSORY PURCHASE OF SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES FOR USE IN FEEDING-STUFFS IS NULL AND VOID .