ddrg/super_eurlex huggingface dataset:
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OFFICIALS - RECOVERY OF UNDUE PAYMENT - CONDITIONS - ' ' PATENT ' ' OVERPAYMENT - CONCEPT

( STAFF REGULATIONS OF OFFICIALS , ART . 85 )

Summary

ARTICLE 85 OF THE STAFF REGULATIONS , UNDER WHICH ANY SUM OVERPAID IS TO BE RECOVERED , IN PARTICULAR IF THE FACT OF THE OVERPAYMENT WAS PATENTLY SUCH THAT THE RECIPIENT COULD NOT HAVE BEEN UNAWARE OF IT , MUST BE INTERPRETED AS REFERRING NOT TO WHETHER THE ERROR WAS OR WAS NOT PATENT TO THE ADMINISTRATION BUT WHETHER IT WAS SO FOR THE BENEFICIARY , WHO , FAR FROM BEING EXONERATED FROM ANY EFFORT TO REFLECT OR CHECK , IS , ON THE CONTRARY , REQUIRED TO MAKE REPAYMENT WHERE THE ERROR IS ONE WHICH WOULD NOT ESCAPE THE NOTICE OF AN OFFICIAL EXERCISING ORDINARY CARE .
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INTERNATIONAL AGREEMENTS - AGREEMENTS OF THE COMMUNITY - AGREEMENTS WITH GREECE , SPAIN AND AUSTRIA - NATIONAL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON EXPORTS TO THOSE COUNTRIES - EXPORT LICENCES OR STANDARDS CERTIFICATES REQUIRED IN 1972 - COMPATIBILITY WITH THE SAID AGREEMENTS

( ASSOCIATION AGREEMENT BETWEEN THE EEC AND GREECE , ARTS . 6 AND 28 ; AGREEMENT BETWEEN THE EEC AND SPAIN , ART . 12 ; INTERIM AGREEMENT BETWEEN THE EEC AND AUSTRIA , ARTS . 10 AND 16 )

Summary

THE APPLICATION DURING 1972 OF THE RULES OF A MEMBER STATE REQUIRING FOR THE EXPORT OF CERTAIN GOODS TO NON-MEMBER COUNTRIES A LICENCE OR ALTERNATIVELY A STANDARDS CERTIFICATE , WHICH MAY BE REFUSED IF THE QUALITY IS NOT IN ACCORDANCE WITH CERTAIN PROVISIONS LAID DOWN BY THE AUTHORITY ISSUING THE CERTIFICATE AND WHICH DOES NOT GIVE RISE TO THE IMPOSITION OF ANY CHARGE WAS NOT INCOMPATIBLE WITH THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE COMMUNITY AND GREECE CONCLUDED ON 9 JULY 1961 , OR WITH THE AGREEMENT BETWEEN THE COMMUNITY AND SPAIN CONCLUDED ON 29 JUNE 1970 , OR WITH THE INTERIM AGREEMENT CONCLUDED BETWEEN THE COMMUNITY AND AUSTRIA ON 22 JULY 1972 .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - PRODUCER PRICE FOR MILK - UNILATERAL FIXING BY A MEMBER STATE - INCOMPATIBILITY WITH COMMUNITY RULES - ABSENCE OF SANCTIONS FOR FAILURE TO COMPLY WITH THE PRICE - NO JUSTIFICATION

Summary

NATIONAL LEGISLATION DESIGNED TO PROMOTE AND ENCOURAGE , BY ANY METHOD , THE ESTABLISHMENT OF A UNIFORM PRODUCER PRICE FOR MILK , BY AGREEMENT OR BY AUTHORITY , AT THE NATIONAL OR REGIONAL LEVEL , IS , BY ITS NATURE , OUTSIDE THE BOUNDS OF THE POWERS GIVEN TO MEMBER STATES AND RUNS CONTRARY TO THE PRINCIPLE ESTABLISHED BY REGULATION NO 804/68 , IN PARTICULAR ARTICLE 3 THEREOF , OF ATTAINING A TARGET PRODUCER PRICE FOR THE MILK SOLD BY COMMUNITY PRODUCERS DURING THE MILK YEAR ON THE COMMUNITY MARKET AND ON EXTERNAL MARKETS . THE ABSENCE OF SANCTIONS FOR FAILURE TO COMPLY WITH THE PRICE LAID DOWN IN ACCORDANCE WITH SUCH LEGISLATION DOES NOT AFFECT THE INCOMPATIBILITY OF THE LEGISLATION WITH THE COMMON ORGANIZATION OF THE MARKET .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - COMMUNITY RULES - OBJECTS

( REGULATION NO 1408/71 OF THE COUNCIL )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - CALCULATION - PREVIOUS WAGE OR SALARY - CONCEPT - ACTUAL OR NOTIONAL WAGE OR SALARY IN THE LAST EMPLOYMENT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 68 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - CALCULATION - PREVIOUS WAGE OR SALARY - FRONTIER WORKERS - WAGE OR SALARY RECEIVED IN THE EMPLOYMENT HELD IMMEDIATELY PRIOR TO THE UNEMPLOYMENT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 68 ( 1 ))

Summary

1 . AS APPEARS FROM THE NINTH RECITAL IN THE PREAMBLE THERETO , REGULATION NO 1408/71 ' ' IN ORDER TO SECURE MOBILITY OF LABOUR UNDER IMPROVED CONDITIONS ' ' , SEEKS TO ENSURE THE WORKER WITHOUT EMPLOYMENT OF ' ' THE UNEMPLOYMENT BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE MEMBER STATE TO WHICH HE WAS LAST SUBJECT ' ' . SUCH AN OBJECTIVE CLEARLY IMPLIES THAT IN REGULATION NO 1408/71 UNEMPLOYMENT BENEFIT IS REGARDED IN SUCH A MANNER AS NOT TO IMPEDE THE MOBILITY OF WORKERS , INCLUDING FRONTIER WORKERS , AND TO THAT END SEEKS TO ENSURE THAT THE PERSONS CONCERNED RECEIVE BENEFITS WHICH TAKE ACCOUNT , SO FAR AS POSSIBLE , OF CONDITIONS OF EMPLOYMENT AND IN PARTICULAR OF THE REMUNERATION , WHICH THEY ENJOYED UNDER THE LEGISLATION OF THE MEMBER STATE OF LAST EMPLOYMENT .

2 . IT APPEARS FROM THE FIRST SENTENCE OF ARTICLE 68 ( 1 ) THAT , APART FROM THE SPECIAL CASE CONTEMPLATED IN THE SECOND SENTENCE , THE ' ' PREVIOUS ' ' WAGE OR SALARY WHICH NORMALLY CONSTITUTES THE BASIS OF CALCULATION OF UNEMPLOYMENT BENEFIT , IS , ACCORDING TO THAT REGULATION , THE WAGE OR SALARY ' ' RECEIVED ' ' IN THE LAST EMPLOYMENT OF THE WORKER AND THAT IT IS ONLY BY WAY OF EXCEPTION AND DEROGATION THAT THE BASIS OF CALCULATION OF THOSE BENEFITS MAY IN CERTAIN CASES BE THE NOTIONAL AND NOT THE ACTUAL WAGE OR SALARY IN THE LAST EMPLOYMENT .

3 . ARTICLE 68 ( 1 ) OF REGULATION NO 1408/71 , VIEWED IN THE LIGHT OF ARTICLE 51 OF THE TREATY AND THE OBJECTIVES WHICH IT PURSUES , MUST BE INTERPRETED AS MEANING THAT , IN THE CASE OF A FRONTIER WORKER , WITHIN THE MEANING OF ARTICLE 1 ( B ) OF THAT REGULATION , WHO IS WHOLLY UNEMPLOYED , THE COMPETENT INSTITUTION OF THE MEMBER STATE OF RESIDENCE , WHOSE NATIONAL LEGISLATION PROVIDES THAT THE CALCULATION OF BENEFITS SHOULD BE BASED ON THE AMOUNT OF THE PREVIOUS WAGE OR SALARY , SHALL CALCULATE THOSE BENEFITS TAKING INTO ACCOUNT THE WAGE OR SALARY RECEIVED BY THE WORKER IN THE LAST EMPLOYMENT HELD BY HIM IN THE MEMBER STATE IN WHICH HE WAS ENGAGED IMMEDIATELY PRIOR TO HIS BECOMING UNEMPLOYED .
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COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - POWER OF MANAGEMENT OF MEMBER STATES - APPORTIONMENT OF NATIONAL SHARES - CRITERIA - PRIOR ALLOCATION OF PART OF THE NATIONAL SHARE TO A SINGLE TRADER - PERMISSIBILITY - CONDITIONS

( COUNCIL REGULATION NO 2861/77 , ART . 3 )

Summary

NEITHER REGULATION NO 2861/77 , OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL NOR OTHER RULES OF COMMUNITY LAW PRECLUDE A MANAGEMENT SYSTEM FOR THE NATIONAL SHARE OF THE QUOTA IN QUESTION WHICH IS BASED UPON A NUMBER OF CRITERIA TO DEFINE THE DIFFERENT CATEGORIES OF TRADERS AND TO FIX THE TOTAL AMOUNTS TO WHICH EACH OF THE CATEGORIES IS TO HAVE ACCESS , PROVIDED THAT SUCH CRITERIA ARE NOT DETERMINED IN AN ARBITRARY WAY AND DO NOT RESULT IN DEPRIVING SOME OF THE PERSONS CONCERNED OF ACCESS TO THE SHARE IN QUESTION .

IN PARTICULAR THERE IS NO REASON WHY A PART OF THE NATIONAL SHARE , DETERMINED IN ADVANCE ON THE BASIS OF THE CRITERIA FOR APPORTIONMENT , MAY NOT BE ALLOTTED IN ADVANCE TO A SINGLE TRADER SO LONG AS THE POSITION OCCUPIED BY THE TRADER IN QUESTION IS DETERMINED IN ACCORDANCE WITH THE ABOVE-MENTIONED CRITERIA . THE FACT THAT UNDER NATIONAL LAW ONE CATEGORY OF TRADERS CONSISTS OF A SINGLE LARGE-SCALE TRADER IS NOT SUFFICIENT BY ITSELF TO PROVE THAT THE CRITERIA ADOPTED BY THAT NATIONAL LAW ARE ARBITRARY .
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1 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - APPLICATION OF NATIONAL LAWS ON THE PROTECTION OF COPYRIGHTS - ASSIGNMENT OF RIGHTS - PERMISSIBLE - CONDITIONS

( EEC TREATY , ART . 59 )

2 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - CABLE TELEVISION DIFFUSION IN A MEMBER STATE OF A FILM SHOWN IN ANOTHER MEMBER STATE WITH THE CONSENT OF THE OWNER OF THE RIGHT - OBJECTION BY THE ASSIGNEE OF THE PERFORMING RIGHTS IN THE FIRST STATE - PERMISSIBLE

( EEC TREATY , ART . 59 )

Summary

1 . WHILST ARTICLE 59 OF THE EEC TREATY PROHIBITS RESTRICTIONS UPON FREEDOM TO PROVIDE SERVICES , IT DOES NOT THEREBY ENCOMPASS LIMITS UPON THE EXERCISE OF CERTAIN ECONOMIC ACTIVITIES WHICH HAVE THEIR ORIGIN IN THE APPLICATION OF NATIONAL LEGISLATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY , SAVE WHERE SUCH APPLICATION CONSTITUTES A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES . SUCH WOULD BE THE CASE IF THAT APPLICATION ENABLED PARTIES TO AN ASSIGNMENT OF COPYRIGHT TO CREATE ARTIFICIAL BARRIERS TO TRADE BETWEEN MEMBER STATES .

2 . THE PROVISIONS OF THE EEC TREATY RELATING TO THE FREEDOM TO PROVIDE SERVICES DO NOT PRECLUDE AN ASSIGNEE OF THE PERFORMING RIGHT IN A CINEMATOGRAPHIC FILM IN A MEMBER STATE FROM RELYING UPON HIS RIGHT TO PROHIBIT THE EXHIBITION OF THAT FILM IN THAT STATE , WITHOUT HIS AUTHORITY , BY MEANS OF CABLE DIFFUSION IF THE FILM SO EXHIBITED IS PICKED UP AND TRANSMITTED AFTER BEING BROADCAST IN ANOTHER MEMBER STATE BY A THIRD PARTY WITH THE CONSENT OF THE ORIGINAL OWNER OF THE RIGHT .

INDEED , WHILST COPYRIGHT ENTAILS THE RIGHT TO DEMAND FEES FOR ANY EXHIBITION OF A CINEMATOGRAPHIC FILM , THE RULES OF THE TREATY CANNOT IN PRINCIPLE CONSTITUTE AN OBSTACLE TO THE GEOGRAPHICAL LIMITS WHICH THE PARTIES TO A CONTRACT OF ASSIGNMENT HAVE AGREED UPON IN ORDER TO PROTECT THE AUTHOR AND HIS ASSIGNS IN THIS REGARD . THE MERE FACT THAT THOSE GEOGRAPHICAL LIMITS MAY COINCIDE WITH NATIONAL FRONTIERS DOES NOT POINT TO A DIFFERENT SOLUTION IN A SITUATION WHERE TELEVISION IS ORGANIZED IN THE MEMBER STATES LARGELY ON THE BASIS OF LEGAL BROADCASTING MONOPOLIES , WHICH INDICATES THAT A LIMITATION OTHER THAN THE GEOGRAPHICAL FIELD OF APPLICATION OF AN ASSIGNMENT IS OFTEN IMPRACTICABLE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING PREMIUM FOR COMMON WHEAT - GRANT - COMMON RULES - NATIONAL INTERVENTION AGENCIES RESPONSIBLE FOR MANAGEMENT - SUPERVISORY FUNCTION

( REGULATIONS NOS 956/68 , 2086/68 AND 1403/68 OF THE COMMISSION )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING PREMIUM FOR COMMON WHEAT - REPAYMENT OF PREMIUMS PAID IN ERROR - LIMITATION PERIOD - APPLICATION OF NATIONAL LAW - CONDITIONS

Summary

1 . ACCORDING TO THE GENERAL CONCEPTION UNDERLYING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS THE GRANTING OF DENATURING PREMIUMS PROVIDED FOR IN REGULATIONS NOS 956/68 , 2086/68 AND 1403/69 ON THE DENATURING OF COMMON WHEAT IS SUBJECT TO A SET OF COMMON RULES WHICH ARE APPLICABLE UNIFORMLY THROUGHOUT THE COMMUNITY . HOWEVER , MANAGEMENT OF THAT INTERVENTION MECHANISM IS THE TASK OF THE NATIONAL INTERVENTION AGENCIES , WHICH ARE REQUIRED TO PERFORM ALL THE SUPERVISORY DUTIES NECESSARY IN ORDER TO ENSURE THAT DENATURING PREMIUMS ARE GRANTED ONLY IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY THE COMMUNITY RULES AND THAT ANY INFRINGEMENT OF THE RULES OF COMMUNITY LAW BY THOSE OPERATING ON THE MARKET IS APPROPRIATELY PENALIZED .

2 . THE QUESTION WITHIN WHAT PERIOD A NATIONAL INTERVENTION AGENCY MAY CLAIM FROM RECIPIENTS REPAYMENT OF PREMIUMS WRONGLY PAID IN RESPECT OF THE DENATURING OF COMMON WHEAT MUST , AT THE PRESENT STAGE IN THE DEVELOPMENT OF COMMUNITY LAW , BE DECIDED IN ACCORDANCE WITH THE NATIONAL LAW OF THE INTERVENTION AGENCY RESPONSIBLE FOR THE RELEVANT SECTOR OF THE MARKET .

COMMUNITY LAW DOES NOT PREVENT THE APPLICATION OF PROVISIONS OR PRINCIPLES OF NATIONAL LAW THE EFFECT OF WHICH MAY BE TO RESTRICT THE PERIOD DURING WHICH SUCH REPAYMENT MAY BE CLAIMED , PROVIDED ALWAYS THAT THAT QUESTION IS SETTLED IN ACCORDANCE WITH THE SAME RULES AS THOSE WHICH APPLY TO THE PERFORMANCE OF SIMILAR SUPERVISORY DUTIES CARRIED OUT BY THE NATIONAL ADMINISTRATIVE AUTHORITIES IN THE SPHERES IN WHICH THEY HAVE SOLE RESPONSIBILITY .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT REGARDING A PERIODIC REPORT - NOT A NECESSARY CONDITION

( STAFF REGULATIONS OF OFFICIALS , ARTS . 90 AND 91 )

2 . OFFICIALS - PERIODIC REPORTS - NATURE AND PURPOSE - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 43 )

Summary

1 . IN VIEW OF THE NATURE OF THE PERIODIC REPORT PROVIDED FOR IN ARTICLE 43 OF THE STAFF REGULATIONS OF OFFICIALS , WHICH EXPRESSES THE OPINION FREELY DRAWN UP OF THE REPORTING OFFICERS AND NOT THE ASSESSMENT BY THE APPOINTING AUTHORITY , THE MAKING OF A FORMAL COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS DOES NOT APPEAR TO BE A NECESSARY PRE-CONDITION TO BRINGING AN ACTION IN CONNEXION WITH SUCH A DOCUMENT . HENCE AN ACTION LIES AS FROM THE DATE ON WHICH THE REPORT MAY BE REGARDED AS FINAL .

2 . AS AN INTERNAL DOCUMENT WHOSE PRIMARY FUNCTION IS TO PROVIDE THE ADMINISTRATION WITH PERIODIC INFORMATION ON THE PERFORMANCE OF THEIR DUTIES BY OFFICIALS THE PERIODIC REPORT IS NOT INCLUDED AMONG THE DOCUMENTS WHICH DIRECTLY DETERMINE THE POSITION OF OFFICIALS UNDER THE STAFF REGULATIONS . HAVING REGARD TO THE FREEDOM OF ASSESSMENT WHICH THE REPORTING OFFICERS MUST BE ALLOWED , SUCH REPORTS , APART FROM FORMAL IRREGULARITIES OR PATENT FACTUAL ERRORS , ARE SUBJECT TO REVIEW BY THE COURT ONLY FROM THE ASPECT OF ANY MISUSE OF THEIR DISCRETION BY THE PERSONS CALLED UPON TO PARTICIPATE IN DRAWING UP THOSE DOCUMENTS .
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1 . OFFICIALS - TAX ON SALARIES - ABATEMENT FOR DEPENDENT CHILD - CONDITIONS FOR GRANT - GRANT TO BOTH HUSBAND AND WIFE , BOTH BEING OFFICIALS - EXCLUSIONS BASED ON PURPOSE OF ABATEMENT AND NON-CUMULABLE DEPENDENT-CHILD ALLOWANCE

( STAFF REGULATIONS OF OFFICIALS , ANNEX VII , ART 2 ( 6 ); REGULATION NO 260/68 OF THE COUNCIL , ART . 3 ( 4 ), SECOND SUBPARA .)

2 . OFFICIALS - TAX ON SALARIES - INDEPENDENT SYSTEM - EQUALITY OF TREATMENT - LIMITS - POSSIBLE INEQUALITIES ARISING FROM OVERLAPPING OF COMMUNITY AND NATIONAL TAX SYSTEMS - NO RELEVANCE

( REGULATION NO 260/68 OF THE COUNCIL )

Summary

1 . EVEN THOUGH THE SECOND SUBPARAGRAPH OF ARTICLE 3 ( 4 ) OF REGULATION NO 260/68 DOES NOT EXPRESSLY PRECLUDE A HUSBAND AND WIFE WHO ARE BOTH OFFICIALS OF THE COMMUNITIES FROM BEING ALLOWED THE TAX ABATEMENT FOR A DEPENDENT CHILD , SUCH AN EXCLUSION IS , HOWEVER , IN ACCORDANCE WITH THE AIM AND SCHEME OF THE SYSTEM , SINCE THE TAX ABATEMENT IS JUSTIFIED ONLY IF IT IS ALLOWED FOR SOCIAL REASONS CONNECTED WITH THE EXISTENCE OF THE CHILD AND THE COST OF MAINTAINING HIM . IN FACT SINCE NOT MORE THAN ONE DEPENDENT-CHILD ALLOWANCE IS TO BE PAID IN RESPECT OF ANY ONE DEPENDENT CHILD PURSUANT TO ARTICLE 2 ( 6 ) OF ANNEX VII TO THE STAFF REGULATIONS , INASMUCH AS HE CANNOT BE DEEMED TO BE ACTUALLY MAINTAINED INDIVIDUALLY BY EACH OF HIS PARENTS , BOTH OF WHOM ARE OFFICIALS , ONLY ONE SUPPLEMENTARY ABATEMENT EQUIVALENT TO TWICE THE AMOUNT OF THE SAID ALLOWANCE MAY BE ALLOWED IN RESPECT OF HIM WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 3 ( 4 ) OF THE AFORESAID REGULATION .

2 . THE TAX SYSTEM OF THE COMMUNITIES IS AN INDEPENDENT SYSTEM WHICH IS APPLIED IRRESPECTIVE OF THE NATIONAL SYSTEMS . CONSEQUENTLY THE PRINCIPLE OF EQUALITY DOES NOT REQUIRE ACCOUNT TO BE TAKEN OF POSSIBLE INEQUALITIES WHICH MAY BECOME APPARENT BECAUSE THE COMMUNITY AND NATIONAL SYSTEMS OVERLAP .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY EAGGF - DECISION ON CLEARANCE OF ACCOUNTS - SUBJECT-MATTER - AID PAID CONTRARY TO COMMUNITY RULES - NON-COMPLIANCE WITH FORMALITIES AS TO PROOF AND SUPERVISION - CHARGING TO EAGGF - NOT POSSIBLE

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

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR SKIMMED-MILK POWDER INTENDED FOR ANIMAL FEED - DENATURING - DETAILED RULES ON SUPERVISION - MANDATORY NATURE

( REGULATION NO 990/72 OF THE COMMISSION , ART . 3 ( 2 ))

3 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - UNIFORM APPLICATION - OBLIGATIONS OF MEMBER STATES

4 . MEASURES ADOPTED BY THE INSTITUTIONS - OBLIGATION TO STATE REASONS - EXTENT - DECISION ON CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF

( EEC TREATY , ART . 190 )

Summary

1 . THE FUNCTION OF A COMMISSION DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF IS TO ESTABLISH WHETHER THE EXPENDITURE WAS INCURRED BY THE NATIONAL AUTHORITIES IN ACCORDANCE WITH COMMUNITY PROVISIONS . IN CASES WHERE COMMUNITY RULES AUTHORIZE PAYMENT OF AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF OR SUPERVISION ARE OBSERVED , AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE EXPENDITURE INCURRED THEREIN MAY NOT , IN PRINCIPLE , BE CHARGED TO THE EAGGF .

2 . IN ORDER TO ENSURE EFFECTIVE SUPERVISION OF THE PROPER CONDUCT OF DENATURING OPERATIONS AND TO PREVENT THE SAME PRODUCT FROM BENEFITING MORE THAN ONCE FROM THE AID , REGULATION NO 990/72 ON DETAILED RULES FOR GRANTING AID FOR SKIMMED-MILK POWDER FOR USE AS FEED PROVIDES FOR ON-THE-SPOT CHECKS ON DENATURING UNDERTAKINGS . ARTICLE 3 ( 2 ) OF THE REGULATION REQUIRES UNDERTAKINGS CARRYING OUT DENATURING TO GIVE CERTAIN INFORMATION TO THE COMPETENT NATIONAL AGENCY BEFORE PROCEEDING WITH THE DENATURING . MEMBER STATES MUST COMPLY WITH THE SYSTEM OF SUPERVISION THUS LAID DOWN .

3 . THE PROVISIONS OF COMMUNITY REGULATIONS MUST BE UNIFORMLY APPLIED IN ALL THE MEMBER STATES AND HAVE , SO FAR AS POSSIBLE , THE SAME EFFECT THROUGHOUT THE TERRITORY OF THE COMMUNITY . THE POSITION IS NO DIFFERENT WHERE A REGULATION LAYS DOWN SPECIFIC MEASURES OF SUPERVISION BUT LEAVES TO MEMBER STATES THE TASK OF ENSURING THEIR OBSERVANCE BY APPROPRIATE ADMINISTRATIVE MEASURES .

4 . THE EXTENT OF THE DUTY TO STATE REASONS , LAID DOWN BY ARTICLE 190 OF THE TREATY , DEPENDS ON THE NATURE OF THE ACT IN QUESTION AND ON THE CONTEXT IN WHICH IT IS ADOPTED .

A DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF AND REFUSING TO CHARGE TO IT A PROPORTION OF THE EXPENDITURE DECLARED DOES NOT REQUIRE A DETAILED STATEMENT OF REASONS WHERE THE GOVERNMENT CONCERNED WAS CLOSELY INVOLVED IN THE PROCESS BY WHICH THE CONTESTED DECISION WAS MADE AND WAS THEREFORE AWARE OF THE REASON FOR WHICH THE COMMISSION CONSIDERED THAT THE DISPUTED AMOUNT MIGHT NOT BE CHARGED TO THE EAGGF .
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Keywords

OFFICIALS - REMUNERATION - WEIGHTING - LATE ADJUSTMENT - COMPENSATION FOR PECUNIARY DAMAGE - PAYMENT OF DEFAULT INTEREST - POINT AT WHICH INTEREST STARTS TO RUN - DATE OF PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS

( STAFF REGULATIONS , ART . 90 ( 2 ))
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FREE MOVEMENT OF PERSONS - DEROGATIONS - EMPLOYMENT IN THE PUBLIC SERVICE - CONCEPT - PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND IN THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE

( EEC TREATY , ART . 48 ( 4 ))

Summary

EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE EEC TREATY MUST BE CONNECTED WITH THE SPECIFIC ACTIVITIES OF THE PUBLIC SERVICE IN SO FAR AS IT IS ENTRUSTED WITH THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND WITH RESPONSIBILITY FOR SAFEGUARDING THE GENERAL INTERETS OF THE STATE , TO WHICH THE SPECIFIC INTERESTS OF LOCAL AUTHORITIES SUCH AS MUNICIPALITIES MUST BE ASSIMILATED .
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1 . COMMON CUSTOMS TARIFF - VALUE FOR CUSTOMS PURPOSES - NORMAL PRICE OF GOODS - DETERMINATION - INVOICE PRICE - REDUCTION BY NATIONAL AUTHORITIES - NOT PERMISSIBLE - DUTY TO ACCEPT VALUE FOR CUSTOMS PURPOSES FOR PURPOSES OTHER THAN THOSE OF CUSTOMS - ABSENCE

( REGULATION NO 803/68 OF THE COUNCIL )

2 . COMMON CUSTOMS TARIFF - VALUE FOR CUSTOMS PURPOSES - NORMAL PRICE OF GOODS - DETERMINATION - REFERENCE TO THE PRICE DECLARED BY THE SELLER ' S FORWARDING AGENT , WHICH IS LESS THAN THE PRICE INVOICED AND PAID - NOT PERMISSIBLE

( REGULATION NO 803/68 OF THE COUNCIL )

Summary

1 . THE REDUCTION BY THE COMPETENT AUTHORITIES OF A MEMBER STATE OF THE INVOICE PRICE OF GOODS IMPORTED FROM A NON-MEMBER COUNTRY DOES NOT ACCORD WITH THE AIMS OF THE RULES RELATING TO THE DETERMINATION OF THE VALUE OF GOODS FOR CUSTOMS PURPOSES . HOWEVER , THE DETERMINATION OF THE VALUE FOR CUSTOMS PURPOSES IN ACCORDANCE WITH THOSE RULES CANNOT HAVE THE EFFECT OF REQUIRING THE FISCAL AND FINANCIAL AUTHORITIES OF THE MEMBER STATES TO ACCEPT THAT VALUE FOR PURPOSES OTHER THAN THE APPLICATION OF THE COMMON CUSTOMS TARIFF .

2 . IT IS NOT IN ACCORDANCE WITH REGULATION NO 803/68 FOR THE VALUE FOR CUSTOMS PURPOSES OF GOODS IMPORTED FROM A NON-MEMBER COUNTRY TO BE DETERMINED , FOR THE REQUIREMENTS OF CUSTOMS , BY THE NATIONAL AUTHORITIES BY REFERENCE TO A DECLARATION MADE BY THE FORWARDING AGENT TO THE CUSTOMS AUTHORITY OF THE EXPORTING COUNTRY AT A LEVEL WHICH IS LESS THAN THE PRICE INVOICED AND PAID FOR THE GOODS .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - RELIEF - CLAUSE PROVIDING FOR DISCRETIONARY RELIEF - AIM - APPLICATION RESTRICTED TO TRANSACTIONS CARRIED OUT ON THE BASIS OF BINDING CONTRACTS CONCLUDED PRIOR TO THE MONETARY MEASURE - VALIDITY

( REGULATION NO 1608/74 OF THE COMMISSION , ARTS 1 AND 2 ( 1 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT LICENCES - PURPOSE - RIGHTS OF HOLDER TO CARRY OUT THE TRANSACTION WITHOUT BEING SUBJECTED TO THE CONSEQUENCES OF A FALL IN THE VALUE OF A CURRENCY OCCURRING AFTER DELIVERY OF THE LICENCE - NONE

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - RELIEF - CLAUSE PROVIDING FOR DISCRETIONARY RELIEF - RESTRICTED APPLICATION - BREACH OF THE PRINCIPLE OF PROPORTIONALITY - NONE

( REGULATION NO 1608/74 OF THE COMMISSION , ARTS 1 AND 2 ( 1 ))

Summary

1 . THE PURPOSE WHICH THE PROVISIONS OF REGULATION NO 1608/74 WERE DESIGNED TO FULFIL WAS NOT TO PROVIDE TRADERS ENGAGED IN THE PERFORMANCE OF CONTRACTS CONTAINING PRE-FIXED CONDITIONS WITH FULL PROTECTION AGAINST THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS FOLLOWING THE MONETARY EVENT DESCRIBED IN THE FIRST RECITAL AND IN ARTICLE 1 BUT SOLELY TO INTRODUCE IN RESPECT OF CONTRACTS CONCLUDED PRIOR TO SUCH EVENT , A ' ' CERTAIN FLEXIBILITY ' ' INTO THE MONETARY RULES BY GIVING THE MEMBER STATES THE OPPORTUNITY TO APPLY A CLAUSE CONFERRING DISCRETIONARY RELIEF PERMITTING ' ' EACH INDIVIDUAL CASE TO BE EXAMINED BY THEM IN THE LIGHT OF THE LOSS SUFFERED WHILST MAINTAINING MEASURES TO ASSURE A CO-ORDINATED APPLICATION THEREOF ' ' .

BY RESTRICTING THE AMBIT OF THE RELIEF CLAUSE TO IMPORTS OR EXPORTS EFFECTED UNDER BINDING CONTRACTS WHICH WERE CONCLUDED BEFORE THE MONETARY MEASURE REFERRED TO IN ARTICLE 1 , ARTICLE 2 ( 1 ) OF REGULATION NO 1608/74 DOES NOT THWART THE AIMS OF THAT REGULATION BUT CONFINES ITSELF WITHIN THEIR BOUNDS AS DEFINED BY ALL THAT IS STATED IN THE PREAMBLE TO THAT REGULATION , WHICH IS DESIGNED TO ENSURE THAT THE TRUE FUNCTION OF THE MONETARY COMPENSATORY AMOUNTS IS PRESERVED .

2 . THE SOLE PURPOSE OF ISSUE OF AN EXPORT LICENCE IS TO AUTHORIZE EXPORT OF THE GOODS CONCERNED AND NOT TO GUARANTEE THE CONDITIONS UNDER WHICH THE GOODS WILL IN FACT BE EXPORTED . IT CANNOT THEREFORE IN ITSELF CONFER ON THE EXPORTER A RIGHT NOT TO BE SUBJECTED TO THE CONSEQUENCES ON TRADE OF A FALL IN THE VALUE OF A NATIONAL CURRENCY .

3 . REGULATION NO 1608/74 , BEING A PROVISION FOR DISCRETIONARY RELIEF , IS DESIGNED TO MITIGATE IN THE APPROPRIATE CIRCUMSTANCES OF FACT AND OF LAW THE HARDSHIP WHICH MAY RESULT FOR TRADERS FROM THE APPLICATION OF THE MONETARY COMPENSATORY AMOUNTS AND HELPS TO PREVENT THE INTRODUCTION OF THE AMOUNTS FROM PROVING EXCESSIVELY BURDENSOME FOR SOME OF THEM . IN THE CIRCUMSTANCES IT CANNOT BE HELD THAT SUCH A REGULATION BREACHES THE PRINCIPLE OF PROPORTIONALITY BY NOT AFFORDING TRADERS MORE AMPLE OPPORTUNITY TO BENEFIT FROM A CLAUSE PROVIDING FOR DISCRETIONARY RELIEF .