ddrg/super_eurlex huggingface dataset:
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1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - INTERPRETATION - GENERAL RULES

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - CONCEPTS IN ARTICLE 5 ( 5 ): ' ' OPERATIONS OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT ' ' - INDEPENDENT INTERPRETATION - MEANING - JURISDICTION OF THE NATIONAL COURT

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

Summary

1 . THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE INTERPRETED HAVING REGARD BOTH TO ITS PRINCIPLES AND OBJECTIVES AND TO ITS RELATIONSHIP WITH THE TREATY . THE QUESTION WHETHER THE WORDS AND CONCEPTS USED IN THE CONVENTION MUST BE REGARDED AS HAVING THEIR OWN INDEPENDENT MEANING AND AS BEING THUS COMMON TO ALL THE CONTRACTING STATES OR AS REFERRING TO SUBSTANTIVE RULES OF THE LAW APPLICABLE IN EACH CASE UNDER THE RULES OF CONFLICT OF LAWS OF THE COURT BEFORE WHICH THE MATTER IS FIRST BROUGHT MUST BE SO ANSWERED AS TO ENSURE THAT THE CONVENTION IS FULLY EFFECTIVE IN ACHIEVING THE OBJECTS WHICH IT PURSUES .

2 . THE NEED TO ENSURE LEGAL CERTAINTY AND EQUALITY OF RIGHTS AND OBLIGATIONS FOR THE PARTIES AS REGARDS THE POWER TO DEROGATE FROM THE GENERAL JURISDICTION OF ARTICLE 2 REQUIRES AN INDEPENDENT INTERPRETATION , COMMON TO ALL THE CONTRACTING STATES , OF THE CONCEPTS IN ARTICLE 5 ( 5 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 .

THE CONCEPT OF BRANCH , AGENCY OR OTHER ESTABLISHMENT IMPLIES A PLACE OF BUSINESS WHICH HAS THE APPEARANCE OF PERMANENCY , SUCH AS THE EXTENSION OF A PARENT BODY , HAS A MANAGEMENT AND IS MATERIALLY EQUIPPED TO NEGOTIATE BUSINESS WITH THIRD PARTIES SO THAT THE LATTER , ALTHOUGH KNOWING THAT THERE WILL IF NECESSARY BE A LEGAL LINK WITH THE PARENT BODY , THE HEAD OFFICE OF WHICH IS ABROAD , DO NOT HAVE TO DEAL DIRECTLY WITH SUCH PARENT BODY BUT MAY TRANSACT BUSINESS AT THE PLACE OF BUSINESS CONSTITUTING THE EXTENSION .

THE CONCEPT OF ' ' OPERATIONS ' ' COMPRISES :

- ACTIONS RELATING TO RIGHTS AND CONTRACTUAL OR NON-CONTRACTUAL OBLIGATIONS CONCERNING THE MANAGEMENT PROPERLY SO-CALLED OF THE AGENCY , BRANCH OR OTHER ESTABLISHMENT ITSELF SUCH AS THOSE CONCERNING THE SITUATION OF THE BUILDING WHERE SUCH ENTITY IS ESTABLISHED OR THE LOCAL ENGAGEMENT OF STAFF TO WORK THERE ;

- ACTIONS RELATING TO UNDERTAKINGS WHICH HAVE BEEN ENTERED INTO AT THE ABOVE-MENTIONED PLACE OF BUSINESS IN THE NAME OF THE PARENT BODY AND WHICH MUST BE PERFORMED IN THE CONTRACTING STATE WHERE THE PLACE OF BUSINESS IS ESTABLISHED AND ALSO ACTIONS CONCERNING NON-CONTRACTUAL OBLIGATIONS ARISING FROM THE ACTIVITIES IN WHICH THE BRANCH , AGENCY OR OTHER ESTABLISHMENT WITHIN THE ABOVE DEFINED MEANING , HAS ENGAGED AT THE PLACE IN WHICH IT IS ESTABLISHED ON BEHALF OF THE PARENT BODY .

IT IS IN EACH CASE FOR THE COURT BEFORE WHICH THE MATTER COMES TO FIND THE FACTS WHEREON IT MAY BE ESTABLISHED THAT AN EFFECTIVE PLACE OF BUSINESS EXISTS AND TO DETERMINE THE LEGAL POSITION BY REFERENCE TO THE CONCEPT OF ' ' OPERATIONS ' ' AS ABOVE DEFINED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SUBSTANTIVE FIELD OF APPLICATION - BENEFITS COVERED AND BENEFITS EXCLUDED - DISTINCTION

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 4 ( 1 ) AND ( 4 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SUBSTANTIVE FIELD OF APPLICATION - BENEFITS EXCLUDED - OLD-AGE BENEFITS FOR FORMER PRISONERS OF WAR

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 4 ( 4 ))

Summary

1 . THE FACT THAT A PROVISION CREATING BENEFITS FOR VICTIMS OF WAR OR ITS CONSEQUENCES IS INSERTED IN NATIONAL SOCIAL SECURITY LEGISLATION IS NOT BY ITSELF DECISIVE IN DETERMINING THAT THE BENEFIT REFERRED TO IN THE ABOVE- MENTIONED PROVISION IS A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF REGULATION NO 1408/71 , AS THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE FIELD OF APPLICATION OF THAT REGULATION AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSES AND THE CONDITIONS FOR ITS GRANT .

2 . ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT THE REGULATION DOES NOT APPLY TO BENEFITS FOR FORMER PRISONERS OF WAR CONSISTING IN THE GRANT , TO WORKERS WHO PROVE THAT THEY UNDERWENT A LONG PERIOD OF CAPTIVITY , OF AN ADVANCED OLD-AGE PENSION , THE ESSENTIAL PURPOSE OF SUCH BENEFITS BEING TO PROVIDE FOR FORMER PRISONERS OF WAR TESTIMONY OF NATIONAL GRATITUDE FOR THE HARDSHIPS ENDURED BETWEEN 1939 AND 1945 ON BEHALF OF FRANCE AND ITS ALLIES AND THUS GRANTING THEM , BY THE PROVISION OF A SOCIAL BENEFIT , A QUID PRO QUO FOR THE SERVICES RENDERED TO THOSE STATES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - MARKETING STANDARDS - BANDS AND LABELS - PREPARATION AND ISSUE - EXCLUSIVE RIGHT OF THE AUTHORITIES - ADMISSIBILITY

( REGULATIONS NO 1619/68 AND NO 2772/75 OF THE COUNCIL ; REGULATION NO 95/69 OF THE COMMISSION )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - MARKETING STANDARDS - SUPERVISION - METHODS OF FINANCING - BANDS AND LABELS - ISSUE - PAYMENT OF A CONSIDERATION - ADMISSIBILITY - CONDITION - CONSIDERATION NOT EXCEEDING THE REAL COST OF SUPERVISION - DETERMINATION BY THE NATIONAL COURT

( REGULATIONS NO 1619/68 AND NO 2772/75 OF THE COUNCIL )

3 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - CONCEPT

( EEC TREATY , ART . 189 )

4 . COMMUNITY LAW - PRINCIPLES - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - SCOPE

( EEC TREATY , ART . 7 )

Summary

1 . REGULATION NO 1619/68 OF THE COUNCIL ON MARKETING STANDARDS FOR EGGS , REPLACED BY REGULATION NO 2772/75 AND REGULATION NO 95/69 OF THE COMMISSION MUST BE INTERPRETED TO MEAN THAT THE DISCRETIONARY POWER HELD BY THE MEMBER STATES BY VIRTUE OF THOSE REGULATIONS AUTHORIZES THEM TO ENTRUST EXCLUSIVELY TO THE PUBLIC AUTHORITIES THE PREPARATION AND DISTRIBUTION OF BANDS AND LABELS WITH WHICH LARGE PACKS OF EGGS MUST BE PROVIDED .

2 . IN THE ABSENCE OF ANY PROVISION IN THE COMMUNITY RULES RELATING TO THE MEANS OF FINANCING THE COSTS ARISING FROM THE SUPERVISION REQUIRED BY THOSE RULES THE MEMBER STATES MAY MAKE THE ISSUE OF BANDS AND LABELS CONDITIONAL ON PAYMENT OF A CONSIDERATION IN RESPECT OF THAT SUPERVISION PROVIDED THAT SUCH CONSIDERATION DOES NOT EXCEED THE REAL COSTS OF THE SUPERVISORY SYSTEM IN QUESTION .

IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER OR NOT THE AMOUNT OF THE CONSIDERATION CHARGED IS JUSTIFIED .

3 . BY REASON OF ITS NATURE AND ITS FUNCTION IN THE SYSTEM OF THE SOURCES OF COMMUNITY LAW , A REGULATION HAS DIRECT EFFECT . THE DIRECT APPLICABILITY OF A REGULATION REQUIRES THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT MUST BE INDEPENDENT OF ANY MEASURE OF RECEPTION INTO NATIONAL LAW . PROPER COMPLIANCE WITH THAT DUTY PRECLUDES THE APPLICATION OF ANY LEGISLATIVE MEASURE , EVEN ONE ADOPTED SUBSEQUENTLY , WHICH IS INCOMPATIBLE WITH THE PROVISIONS OF THAT REGULATION .

4 . ARTICLE 7 OF THE TREATY PROHIBITING DISCRIMINATION ON GROUNDS OF NATIONALITY DOES NOT APPLY TO NATIONAL RULES WHICH ARE NOT APPLICABLE ON THE BASIS OF THE NATIONALITY OF THE TRADERS CONCERNED AND WHICH TAKE INTO CONSIDERATION SOLELY THE LOCATION OF THE COMMERCIAL ACTIVITIES .
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1 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - SPECIFIC PROVISION OF THE TREATY - SCOPE

( EEC TREATY , ART . 37 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF A PRODUCT - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBLE - CONDITIONS AND LIMITS

( EEC TREATY , ART . 30 AND 36 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - MARKETING OF ALCOHOLIC BEVERAGES - FIXING OF A MINIMUM ALCOHOL CONTENT

( EEC TREATY , ART . 30 )

Summary

1 . SINCE IT IS A PROVISION RELATING SPECIFICALLY TO STATE MONOPOLIES OF A COMMERCIAL CHARACTER , ARTICLE 37 OF THE EEC TREATY IS IRRELEVANT WITH REGARD TO NATIONAL PROVISIONS WHICH DO NOT CONCERN THE EXERCISE BY A PUBLIC MONOPOLY OF ITS SPECIFIC FUNCTION - NAMELY , ITS EXCLUSIVE RIGHT - BUT APPLY IN A GENERAL MANNER TO THE PRODUCTION AND MARKETING OF GIVEN PRODUCTS , WHETHER OR NOT THE LATTER ARE COVERED BY THE MONOPOLY IN QUESTION .

2 . IN THE ABSENCE OF COMMON RULES , OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS RELATING TO THE MARKETING OF A PRODUCT MUST BE ACCEPTED IN SO FAR AS THOSE PROVISIONS MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO THE EFFECTIVENESS OF FISCAL SUPERVISION , THE PROTECTION OF PUBLIC HEALTH , THE FAIRNESS OF COMMERCIAL TRANSACTIONS AND THE DEFENCE OF THE CONSUMER .

3 . THE CONCEPT OF ' ' MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ' ' , CONTAINED IN ARTICLE 30 OF THE EEC TREATY , IS TO BE UNDERSTOOD TO MEAN THAT THE FIXING OF A MINIMUM ALCOHOL CONTENT FOR ALCOHOLIC BEVERAGES INTENDED FOR HUMAN CONSUMPTION BY THE LEGISLATION OF A MEMBER STATE ALSO FALLS WITHIN THE PROHIBITION LAID DOWN IN THAT PROVISION WHERE THE IMPORTATION OF ALCOHOLIC BEVERAGES LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE IS CONCERNED .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - PRINCIPLES FOR SELECTION - SUCCESSIVE COMPETITIONS - OBJECTIVE CONDITIONS FOR ENTRY IDENTICAL - DIFFERENT INTERPRETATION ACCORDING TO NUMBER OF CANDIDATES - NOT ACCEPTABLE - DIFFERENT APPRAISAL OF SAME CANDIDATE IN SUCCESSIVE COMPETITIONS - PERMISSIBILITY - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - REJECTION OF CANDIDATURE - DUTY TO STATE REASONS - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )

Summary

1 . ALTHOUGH THE FACT THAT A LARGE NUMBER OF CANDIDATES APPLY TO TAKE PART IN A COMPETITION MAY JUSTIFY A RIGOROUS SELECTION BY MEANS OF ELIMINATORY TESTS IT CANNOT BE ACCEPTED THAT THE OBJECTIVE REQUIREMENTS FOR ADMISSION TO THE TESTS , WHICH ARE FORMULATED IN IDENTICAL TERMS , SHOULD BE GIVEN A DIFFERENT INTERPRETATION FROM ONE COMPETITION TO ANOTHER IN THE LIGHT OF THE NUMBER OF CANDIDATES . IN ANY EVENT , A CANDIDATE CANNOT FORM THE SUBJECT OF A LESS FAVOURABLE APPRAISAL THAN THAT MADE OF HIM IN A PREVIOUS COMPETITION , UNLESS THE STATEMENT OF THE REASONS ON WHICH THE DECISION IS BASED CLEARLY JUSTIFIES SUCH A DIFFERENCE OF APPRAISAL .

2 . ALTHOUGH IT IS PERMISSIBLE , HAVING REGARD TO THE LARGE NUMBER OF CANDIDATES , TO MAKE USE OF SUMMARIZED STATEMENTS OF REASONS FOR REFUSING TO ADMIT A CANDIDATE TO THE TESTS , A MERE REFERENCE TO THE CONDITION WHICH WAS NOT FULFILLED CANNOT SATISFY THE REQUIREMENT TO STATE REASONS WHERE SUCH A REFERENCE IS NOT CAPABLE OF PROVIDING THE PERSON CONCERNED WITH A SUFFICIENT INDICATION TO ALLOW HIM TO KNOW WHETHER THE REFUSAL IS WELL FOUNDED OR ON THE OTHER HAND WHETHER IT IS VITIATED BY A DEFECT WHICH WOULD MAKE IT POSSIBLE TO CONTEST ITS LEGALITY .
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1 . ACTION FOR DAMAGES - APPLICATION - LACK OF PRECISE DETAILS AS REGARDS THE EXTENT OF THE DAMAGE - ADMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 178 ; RULES OF PROCEDURE , ART . 38 ( 1 ))

2 . ACTION FOR FAILURE TO ACT - NATURAL AND LEGAL PERSONS - MEASURE REQUESTED - REGULATION - INADMISSIBILITY

( EEC TREATY , THIRD PARAGRAPH OF ART . 175 )

Summary

1 . WHEN AN ACTION FOR DAMAGES IS BROUGHT BEFORE THE COURT UNDER ARTICLE 178 OF THE TREATY AND THE LEGAL BASIS OF THE COMMUNITY ' S LIABILITY IS DISPUTED , THE DESIRABILITY OF MAKING THE PROCEDURE MORE ECONOMICAL MAY LEAD THE COURT TO GIVE A DECISION AT AN EARLY STAGE OF THE PROCEEDINGS ON THE QUESTION WHETHER THE CONDUCT OF THE INSTITUTIONS HAS BEEN SUCH AS TO ENTAIL THE LIABILITY OF THE COMMUNITY , RESERVING CONSIDERATION OF QUESTIONS RELATING TO CAUSALITY , AS WELL AS THOSE CONCERNING THE NATURE AND EXTENT OF THE DAMAGE , FOR A LATER STAGE . CONSEQUENTLY THE INCOMPLETE NATURE OF AN APPLICATION IN WHICH THE APPLICANT MERELY STATES THAT HE HAS SUSTAINED PECUNIARY DAMAGE AS A RESULT OF COMMUNITY RULES , RESERVING THE RIGHT TO GIVE DETAILS OF THE EXTENT THEREOF AT A LATER STAGE , NEED NOT NECESSARILY MAKE IT INADMISSIBLE .

2 . AN APPLICATION MADE UNDER ARTICLE 175 OF THE TREATY BY A NATURAL OR LEGAL PERSON WHEN THE ONLY LEGAL INSTRUMENT WHICH WOULD ALLOW SATISFACTION OF THE CLAIM MADE ON THE COUNCIL OR THE COMMISSION WOULD BE A REGULATION - A MEASURE WHICH CANNOT BE DESCRIBED , BY REASON EITHER OF ITS FORM OR OF ITS NATURE , AS AN ACT WHICH COULD BE ADDRESSED TO SUCH A PERSON WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 - MUST BE DISMISSED AS INADMISSIBLE .
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OFFICIALS - ADMINISTRATION ' S DUTY TO PROVIDE ASSISTANCE - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 24 )

Summary

ALTHOUGH ARTICLE 24 OF THE STAFF REGULATIONS IS DEVISED PRIMARILY TO PROTECT THE OFFICIALS OF THE COMMUNITIES AGAINST ATTACKS AND MALTREATMENT BY THIRD PARTIES , THE DUTY TO PROVIDE ASSISTANCE WHICH IT LAYS DOWN ALSO EXISTS IN A CASE IN WHICH THE PERPETRATOR OF THE ACTS REFERRED TO THEREIN IS ANOTHER OFFICIAL OF THE COMMUNITIES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES - ASSESSMENT OF DEGREE OF INCAPACITY - TAKING INTO CONSIDERATION OF ACCIDENTS OR DISEASES OCCURRING SUBSEQUENTLY UNDER THE LEGISLATION OF ANOTHER MEMBER STATE - REQUIREMENT - NONE

( REGULATION NO 3 OF THE COUNCIL , ART . 30 ( 1 ); REGULATION NO 1408/71 OF THE COUNCIL , ART . 61 ( 5 ))

Summary

ARTICLE 30 ( 1 ) OF REGULATION NO 3 AND ARTICLE 61 ( 5 ) OF REGULATION NO 1408/71 MERELY REQUIRE THE COMPETENT INSTITUTION OF A MEMBER STATE TO TAKE INTO CONSIDERATION ACCIDENTS OR DISEASES WHICH HAVE OCCURRED PREVIOUSLY UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , AS IF THEY HAD OCCURRED UNDER THE LEGISLATION OF THE FIRST MEMBER STATE BUT DO NOT REQUIRE IT TO TAKE INTO CONSIDERATION ALSO ACCIDENTS OR DISEASES WHICH HAVE OCCURRED SUBSEQUENTLY UNDER THE LEGISLATION OF ANOTHER MEMBER STATE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - AFFILIATION - CONDITIONS - APPLICATION OF NATIONAL LEGISLATION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 45 )

Summary

THE SOLE OBJECTIVE OF REGULATION NO 1408/71 OF THE COUNCIL IS TO CO-ORDINATE THE NATIONAL LEGAL SYSTEMS OF SOCIAL SECURITY , EACH OF WHICH DETERMINES THE CONDITIONS FOR AFFILIATION TO THE VARIOUS SOCIAL SECURITY SCHEMES , INCLUDING THE CONDITIONS UNDER WHICH COMPULSORY AFFILIATION CEASES . THAT REGULATION THEREFORE , AND IN PARTICULAR ARTICLE 45 THEREOF , CANNOT BE INTERPRETED AS LAYING DOWN THE CONDITIONS UNDER WHICH COMPULSORY INSURANCE ARISES OR CEASES , SINCE THE ANSWER TO THAT QUESTION IS EXCLUSIVELY A MATTER FOR THE APPROPRIATE NATIONAL LAWS .

CONSEQUENTLY ARTICLE 45 IS NOT APPLICABLE SO AS TO DETERMINE THE EXISTENCE OR NON-EXISTENCE OF AN OBLIGATION TO EFFECT INSURANCE LAID DOWN BY NATIONAL LEGISLATION .
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1 . FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - POWERS OF THE EEC - NOT EXERCISED - INTERIM POWERS OF THE MEMBER STATES - PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION - DATE OF EXPIRY

( ACT OF ACCESSION , ART . 102 )

2 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - CONCEPT - NATIONAL MEASURES APPLICABLE TO ALL WHO ARE SUBJECT TO THE JURISDICTION OF A MEMBER STATE - EXCLUSION

( EEC TREATY , ART . 7 )

Summary

1 . THE TRANSITIONAL PERIOD REFERRED TO IN ARTICLE 102 OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES EXPIRED ON 31 DECEMBER 1978 . SINCE THE COUNCIL HAD NOT IMPLEMENTED PRIOR TO THAT DATE THE PROTECTIVE MEASURES ENVISAGED BY THAT PROVISION , MEMBER STATES HAD , DURING THE YEAR 1978 , THE RIGHT AND THE DUTY TO ADOPT , WITHIN THEIR RESPECTIVE SPHERES OF JURISDICTION , ANY MEASURES COMPATIBLE WITH COMMUNITY LAW TO PROTECT THE BIOLOGICAL RESOURCES OF THE SEA AND , IN PARTICULAR , TO FIX FISHING QUOTAS FOR THE UNDERTAKINGS AND FISHERMEN SUBJECT TO THEIR CONTROL .

2 . THE APPLICATION BY A MEMBER STATE OF RULES WHICH , WHILST COMPATIBLE WITH COMMUNITY LAW , ARE MORE STRICT THAN THOSE APPLIED IN THE SAME SPHERE BY OTHER MEMBER STATES IS NOT CONTRARY TO THE PRINCIPLE OF NON-DISCRIMINATION ENSHRINED IN ARTICLE 7 OF THE TREATY , SO LONG AS SUCH RULES ARE APPLIED EQUALLY TO ALL WHO ARE SUBJECT TO THE JURISDICTION OF THAT MEMBER STATE . THUS NATIONAL RULES FIXING FISHING QUOTAS ARE NOT TO BE CONSIDERED AS DISCRIMINATORY IF THEY ARE APPLIED UNIFORMLY TO ALL THE FISHERMEN UNDER THE JURISDICTION OF THE MEMBER STATE CONCERNED .
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1 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - HOUSEHOLD ALLOWANCE - PROHIBITION ON OVERLAPPING OF ALLOWANCES - CONDITIONS OF APPLICATION

( STAFF REGULATIONS OF OFFICIALS , ART . 67 ( 2 ) AND ANNEX VII , ART . 1 ( 3 ))

2 . OFFICIALS - RECOVERY OF OVERPAYMENTS - CONDITIONS - BURDEN OF PROOF

( STAFF REGULATIONS OF OFFICIALS , ART . 85 )

Summary

1 . THE CLEAR AIM OF ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS , WHICH ESTABLISHES A GENERAL PRINCIPLE , IS TO PREVENT A MARRIED COUPLE FROM DRAWING TWO HOUSEHOLD ALLOWANCES AND THEREFORE TO ENABLE EACH FAMILY TO RECEIVE ONLY ONE HOUSEHOLD ALLOWANCE , PAID AT THE MAXIMUM RATE . THAT PROVISION MUST THEREFORE BE INTERPRETED AS MEANING THAT A MARRIED OFFICIAL IS NOT ENTITLED TO THE HOUSEHOLD ALLOWANCE WHERE THE HUSBAND OR WIFE DRAWS A HIGHER HOUSEHOLD ALLOWANCE THAN THAT WHICH THE OFFICIAL COULD DRAW , EVEN IF THE HUSBAND OR WIFE IS NOT IN THE SERVICE OF THE COMMUNITIES AND REGARDLESS OF WHETHER OR NOT THE COUPLE HAVE DEPENDENT CHILDREN .

IT IS IMPOSSIBLE TO DEDUCE FROM THE LAST SENTENCE OF ARTICLE 1 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS THAT A COUPLE WITH DEPENDENT CHILDREN MAY IN ANY CASE DRAW THAT ALLOWANCE TWICE . IN FACT , THE AIM OF ARTICLE 1 ( 3 ) IS DIFFERENT FROM THAT OF ARTICLE 67 ( 2 ) MENTIONED ABOVE IN THAT IT REFERS ONLY TO CASES IN WHICH THE INCOME , AND NOT THE HOUSEHOLD ALLOWANCE , OF THE OFFICIAL ' S SPOUSE EXCEEDS A GIVEN LIMIT .

2 . IT FOLLOWS FROM ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS THAT THE ADMINISTRATION MUST PRODUCE EVIDENCE TO SHOW THAT THE RECIPIENT WAS ACTUALLY AWARE THAT THERE WAS NO DUE REASON FOR THE PAYMENT OR THAT THE FACT OF THE OVERPAYMENT WAS PATENTLY SUCH THAT HE COULD NOT HAVE BEEN UNAWARE OF IT .
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1 . TAX PROVISIONS - INTERNAL TAXES - DISCRIMINATION - CRITERIA - ACTUAL EFFECT OF TAXATION BORNE BY NATIONAL PRODUCTS AND IMPORTED PRODUCTS RESPECTIVELY - CRITERIA

( EEC TREATY , FIRST PARAGRAPH OF ART . 95 )

2 . TAX PROVISIONS - INTERNAL TAXES - DISCRIMINATORY TAXATION - JUSTIFICATION - INAPPROPRIATE EXCHANGE RATE FOR NATIONAL CURRENCY - NOT PERMISSIBLE

( EEC TREATY , ART . 95 )

3 . TAX PROVISIONS - INTERNAL TAXES - HARMONIZATION OF LAWS - PRELIMINARY CONDITION FOR APPLICATION OF ARTICLE 95 OF THE TREATY - NONE

( EEC TREATY , ARTS . 95 , 99 AND 100 )

Summary

1 . IT IS NECESSARY , FOR THE PURPOSES OF THE APPLICATION OF THE PROHIBITION ON DISCRIMINATION LAID DOWN IN ARTICLE 95 OF THE EEC TREATY , TO TAKE INTO CONSIDERATION , NOT ONLY THE RATE OF TAX , BUT ALSO THE PROVISIONS RELATING TO THE BASIS OF ASSESSMENT AND THE DETAILED RULES FOR LEVYING THE VARIOUS DUTIES . IN FACT THE DECISIVE CRITERION OF COMPARISON FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 95 IS THE ACTUAL EFFECT OF EACH TAX ON NATIONAL PRODUCTION ON THE ONE HAND AND ON IMPORTED PRODUCTS ON THE OTHER , SINCE EVEN WHERE THE RATE OF TAX IS EQUAL , THE EFFECT OF THAT TAX MAY VARY ACCORDING TO THE DETAILED RULES FOR THE BASIS OF ASSESSMENT AND LEVYING THEREOF APPLIED TO NATIONAL PRODUCTION AND IMPORTED PRODUCTS RESPECTIVELY .

2 . IF A MEMBER STATE CONSIDERS THAT THE DIFFERENCE BETWEEN THE EXCHANGE RATES FOR ITS CURRENCY AND THAT OF ANOTHER MEMBER STATE HAVE NOT BEEN FIXED APPROPRIATELY , IT SHOULD SEEK THE REMEDY FOR THAT SITUATION BY THE APPROPRIATE MEANS . IT IS NOT ENTITLED ITSELF TO CORRECT SUCH A MONETARY SITUATION BY MEANS OF DISCRIMINATORY TAX PROVISIONS CONTRARY TO ARTICLE 95 OF THE EEC TREATY .

3 . ALTHOUGH OBSTACLES TO THE FREE MOVEMENT OF GOODS MAY BE ELIMINATED BY APPLYING THE PROCEDURE FOR THE HARMONIZATION OF TAX LEGISLATION UNDER ARTICLES 99 AND 100 OF THE TREATY THE IMPLEMENTATION OF THOSE PROVISIONS AND PARTICULARLY OF ARTICLE 99 CANNOT BE PUT FORWARD AS A CONDITION FOR THE APPLICATION OF ARTICLE 95 , WHICH IMPOSES ON MEMBER STATES WITH IMMEDIATE EFFECT THE DUTY TO APPLY THEIR TAX LEGISLATION WITHOUT DISCRIMINATION EVEN BEFORE THERE IS ANY HARMONIZATION .
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1 . SOCIAL POLICY - MALE AND FEMALE WORKERS - PAY - EQUALITY - PRINCIPLE - SCOPE - APPLICATION NOT CONFINED TO THE CONTEMPORANEOUS PERFORMANCE OF ' ' EQUAL WORK ' ' - DIFFERENCE IN PAY DUE TO FACTORS UNCONNECTED WITH ANY DISCRIMINATION ON GROUNDS OF SEX - MATTER FOR THE NATIONAL COURT OR TRIBUNAL TO DECIDE

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MALE AND FEMALE WORKERS - PAY - EQUALITY - CRITERIA OF ASSESSMENT - WORK ACTUALLY PERFORMED

( EEC TREATY , ART . 119 )

Summary

1 . THE FIRST PARAGRAPH OF ARTICLE 119 OF THE EEC TREATY APPLIES DIRECTLY , AND WITHOUT THE NEED FOR MORE DETAILED IMPLEMENTING MEASURES ON THE PART OF THE COMMUNITY OR THE MEMBER STATES , TO ALL FORMS OF DIRECT AND OVERT DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF THE CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION . CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE ARE AMONG THE FORMS OF DISCRIMINATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED .

IN SUCH A SITUATION THE DECISIVE TEST LIES IN ESTABLISHING WHETHER THERE IS A DIFFERENCE IN TREATMENT BETWEEN A MAN AND A WOMAN PERFORMING ' ' EQUAL WORK ' ' WITHIN THE MEANING OF ARTICLE 119 . THAT CONCEPT IS ENTIRELY QUALITATIVE IN CHARACTER IN THAT IT IS EXCLUSIVELY CONCERNED WITH THE NATURE OF THE SERVICES IN QUESTION . ITS SCOPE MAY NOT THEREFORE BE RESTRICTED BY ITS BEING CONFINED TO SITUATIONS IN WHICH MEN AND WOMEN ARE CONTEMPORANEOUSLY DOING EQUAL WORK FOR THE SAME EMPLOYER .

IT CANNOT , HOWEVER , BE RULED OUT THAT A DIFFERENCE IN PAY BETWEEN TWO WORKERS OCCUPYING THE SAME POST BUT AT DIFFERENT PERIODS IN TIME MAY BE EXPLAINED BY THE OPERATION OF FACTORS WHICH ARE UNCONNECTED WITH ANY DISCRIMINATION ON GROUNDS OF SEX . THAT IS A QUESTION OF FACT WHICH IT IS FOR THE COURT OR TRIBUNAL TO DECIDE .

2 . IN CASES OF ACTUAL DISCRIMINATION FALLING WITHIN THE SCOPE OF THE DIRECT APPLICATION OF ARTICLE 119 COMPARISONS ARE CONFINED TO PARALLELS WHICH MAY BE DRAWN ON THE BASIS OF CONCRETE APPRAISALS OF THE WORK ACTUALLY PERFORMED BY EMPLOYEES OF DIFFERENT SEX WITHIN THE SAME ESTABLISHMENT OR SERVICE .

THE PRINCIPLE OF EQUAL PAY ENSHRINED IN ARTICLE 119 THEREFORE APPLIES TO THE CASE WHERE IT IS ESTABLISHED THAT , HAVING REGARD TO THE NATURE OF HER SERVICES , A WOMAN HAS RECEIVED LESS PAY THAN A MAN WHO WAS EMPLOYED PRIOR TO THE WOMAN ' S PERIOD OF EMPLOYMENT AND WHO DID EQUAL WORK FOR THE EMPLOYER .
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COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - POWER OF MANAGEMENT OF MEMBER STATES - APPOINTMENT OF NATIONAL SHARES - PERSONS CONCERNED - CONCEPT - UNDERTAKINGS BENEFITING FROM THE SPECIAL SYSTEM FOR IMPORTATION OF FROZEN BEEF AND VEAL INTENDED FOR PROCESSING - INCLUSION

( COUNCIL REGULATION NO 3063/78 , ART . 3 ( 1 ))

Summary

ANY METHODS OF ALLOCATION LAID DOWN BY A COMPETENT NATIONAL AUTHORITY , WHICH INVOLVE INCLUDING UNDERTAKINGS WHICH BENEFIT FROM THE SYSTEM CONTAINED IN ARTICLE 14 ( 1 ) ( B ) OF REGULATION NO 805/68 OF THE COUNCIL , AS AMENDED BY COUNCIL REGULATION NO 425/77 , AMONGST THE ' ' PERSONS CONCERNED ' ' , WHO ARE REFERRED TO IN THE PRIVISIONS OF ARTICLE 3 ( 1 ) OF COUNCIL REGULATION NO 3063/78 OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL , ARE COMPATIBLE WITH THOSE PROVISIONS , EVEN IF THEY RESULT IN A CORRESPONDING REDUCTION IN OTHER IMPORTERS ' SHARES IN THE ALLOCATION OF THE QUOTA IN QUESTION .