ddrg/super_eurlex huggingface dataset:
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TAX PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAX ON MOTOR VEHICLES - TAXATION ACCORDING TO THE POWER RATING FOR TAX PURPOSES - DETERMINATION OF THE POWER RATING FOR TAX PURPOSES AND PROGRESSIVE SYSTEM UNFAVOURABLE TO IMPORTED VEHICLES - PROHIBITION - DISCRIMINATORY OR PROTECTIVE EFFECT

( EEC TREATY, ART . 95 )

Summary

AS COMMUNITY LAW STANDS AT PRESENT, THE MEMBER STATES ARE AT LIBERTY TO SUBJECT PRODUCTS SUCH AS CARS TO A SYSTEM OF ROAD TAX WHICH INCREASES PROGRESSIVELY IN AMOUNT DEPENDING ON AN OBJECTIVE CRITERION . HOWEVER, A SYSTEM OF PROGRESSIVE TAXATION BASED ON THE POWER RATING FOR TAX PURPOSES WHICH, ON THE ONE HAND, BY ESTABLISHING A TAX BAND CONTAINING A LARGER NUMBER OF POWER RATINGS THAN THE OTHER BANDS, RESTRICTS THE NORMAL PROGRESSION OF THE TAX TO THE ADVANTAGE OF TOP-OF-THE-RANGE CARS OF DOMESTIC MANUFACTURE AND, ON THE OTHER, INCLUDES METHODS FOR DETERMINING THE POWER RATING FOR TAX PURPOSES WHICH, FOR NO OBJECTIVE REASON, OPERATE TO THE DISADVANTAGE OF CARS IMPORTED FROM OTHER MEMBER STATES HAS A DISCRIMINATORY OR PROTECTIVE EFFECT PROHIBITED BY ARTICLE 95 OF THE TREATY .
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ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - TRANSPOSITION OF A DIRECTIVE WITHOUT LEGISLATIVE ACTION - CONDITIONS - EXISTENCE OF A GENERAL LEGAL CONTEXT ENSURING THE FULL APPLICATION OF THE DIRECTIVE

( EEC TREATY, ART . 189, THIRD PARAGRAPH )

ENVIRONMENT - CONSERVATION OF WILD BIRDS - MANAGEMENT OF A COMMON HERITAGE - DIRECTIVE 79/409/EEC - NECESSITY FOR FAITHFUL TRANSPOSITION BY THE MEMBER STATES

( COUNCIL DIRECTIVE 79/409/EEC )

Summary

THE TRANSPOSITION OF A DIRECTIVE INTO NATIONAL LAW DOES NOT NECESSARILY REQUIRE THE PROVISIONS OF THE DIRECTIVE TO BE ENACTED IN PRECISELY THE SAME WORDS IN A SPECIFIC, EXPRESS LEGAL PROVISION OF NATIONAL LAW; A GENERAL LEGAL CONTEXT MAY BE SUFFICIENT IF IT ACTUALLY ENSURES THE FULL APPLICATION OF THE DIRECTIVE IN A SUFFICIENTLY CLEAR AND PRECISE MANNER .

HOWEVER, A FAITHFUL TRANSPOSITION BECOMES PARTICULARLY IMPORTANT IN A CASE SUCH AS THE TRANSPOSITION OF DIRECTIVE 79/409/EEC CONCERNING THE CONSERVATION OF WILD BIRDS IN WHICH THE MANAGEMENT OF THE COMMON HERITAGE IS ENTRUSTED TO THE MEMBER STATES IN THEIR RESPECTIVE TERRITORIES .
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SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - COMMUNITY PROVISIONS - SCOPE - DEDUCTION FROM GROSS SALARY OF MEN OF A CONTRIBUTION TO AN OCCUPATIONAL SOCIAL SECURITY SCHEME FOR SURVIVORS' PENSIONS - EXCLUSION

( EEC TREATY, ART . 119; COUNCIL DIRECTIVES 75/117, 76/207, 79/7 AND 86/372 )

Summary

NEITHER ARTICLE 119 OF THE EEC TREATY, READ TOGETHER WITH DIRECTIVE 75/117, NOR DIRECTIVES 76/207, 79/7 AND 86/372 PREVENT AN EMPLOYER FROM PAYING MEN AND WOMEN THE SAME GROSS SALARY BUT MAKING A DEDUCTION OF 1.5% OF THE GROSS SALARY OF MEN ONLY, EVEN THOSE WHO ARE UNMARRIED, AS A CONTRIBUTION TO A WIDOWS' PENSION FUND PROVIDED FOR UNDER AN OCCUPATIONAL SCHEME WHICH IS A SUBSTITUTE FOR A STATUTORY SOCIAL SECURITY SCHEME .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - CONDITION OF PAYMENT - PRODUCTS TO LEAVE THE TERRITORY OF THE COMMUNITY WITHIN A SPECIFIED TIME - SEA TRANSPORT WITH TRANSHIPMENT IN A COMMUNITY PORT - PORT OF DEPARTURE FROM THE COMMUNITY - CONCEPT - PORT OF FIRST LOADING

( COMMISSION REGULATION NO 2730/79, ART . 9*(1 )*)

Summary

AS REGARDS THE PAYMENT OF EXPORT REFUNDS THE FIRST PORT OF LOADING IS TO BE REGARDED AS THE PORT FROM WHICH THE PRODUCTS LEAVE THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY FOR THE PURPOSES OF ARTICLE 9*(1 ) OF REGULATION NO . 2730/79 IF THE PRODUCTS ARE TO BE TRANSHIPPED IN ANOTHER COMMUNITY PORT, WITH THE RESULT THAT ONCE IT IS ESTABLISHED THAT THE PRODUCTS CONCERNED LEFT THE FIRST PORT OF LOADING WITHIN 60 DAYS OF THE DAY OF COMPLETION OF CUSTOMS EXPORT FORMALITIES NO OTHER DOCUMENT PROVING DEPARTURE FROM THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY IS NECESSARY FOR THE PURPOSES OF THE PAYMENT OF THE REFUND .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - SALE BY AN INTERVENTION AGENCY OF CEREALS TO BE USED IN ANIMAL FEEDS - COLOURING - REIMBURSEMENT OF COSTS - STANDARD AMOUNTS - UNLAWFUL

( COUNCIL REGULATIONS NO 1883/78, ART . 6, AND NO 3247/81, ANNEX I, POINT I-1 ( C ) AND ( D ); COMMISSION REGULATION NO 2794/83, ART . 5 )

Summary

THE COSTS INCURRED IN THE COLOURING OF CEREALS WHICH ARE TO BE USED IN ANIMAL FEEDS AND ARE SOLD BY A NATIONAL INTERVENTION AGENCY PURSUANT TO REGULATION NO 2794/83 MAY NOT BE REIMBURSED BY THE EAGGF AT A STANDARD RATE . SINCE COLOURING IS NOT AN OPERATION CONNECTED WITH WITHDRAWAL FROM STOCK OR PROCESSING WITHIN THE MEANING OF ARTICLE 6 OF REGULATION NO 1883/78, AS PARTICULARIZED BY ANNEX I, POINT I-1 OF REGULATION NO 3247/81, IT IS NOT ONE

OF THE MATERIAL OPERATIONS FOR WHICH THAT ARTICLE PRESCRIBES REIMBURSEMENT BY THAT METHOD AND THE COSTS DERIVING FROM IT MUST THEREFORE BE REIMBURSED IN FULL .
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OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - DETAILED RULES - ACTUARIAL EQUIVALENT OR SUMS REPAID - POSSIBILITY OF CHOOSING - OBLIGATIONS OF THE MEMBER STATES - LIMITS

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

Summary

ALTHOUGH THE MEMBER STATES ARE UNDER AN OBLIGATION TO TAKE PRACTICAL STEPS TO ENABLE OFFICIALS TO EXERCISE THE OPTION CONFERRED UPON THEM BY ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS OF TRANSFERRING THE RIGHTS ACQUIRED UNDER A NATIONAL PENSION SCHEME TO THE COMMUNITY PENSION SCHEME, THAT PROVISION, WHOSE PURPOSE IS TO ENSURE THE TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME BY ONE OF THE TWO PROCEDURES TO WHICH IT REFERS, NAMELY TRANSFER OF THE ACTUARIAL EQUIVALENT OR TRANSFER OF THE SUMS REPAID, WITHOUT GIVING PRECEDENCE TO EITHER, DOES NOT REQUIRE THE MEMBER STATES TO GRANT OFFICIALS THE OPTION OF CHOOSING BETWEEN THOSE TWO METHODS OF CALCULATION .

ACCORDINGLY, IF THE PROVISIONS APPLICABLE IN A MEMBER STATE TO THE TRANSITION FROM ONE NATIONAL PENSION SCHEME TO ANOTHER MAKE NO PROVISION FOR THE CALCULATION OF THE ACTUARIAL EQUIVALENT, ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS DOES NOT PREVENT THAT MEMBER STATE FROM ADOPTING ONLY THE CALCULATION OF THE SUMS REPAID FOR THE PURPOSE OF TRANSFERRING PENSION RIGHTS FROM A NATIONAL SCHEME TO A COMMUNITY SCHEME .
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1 . Common commercial policy - Protection against subsidization practices of non-Member States - Commission' s discretion - Scope of the judicial review which may be prompted by undertakings whose application for protective measures has been refused .

( Council Regulation No 2176/84 )

2 . Common commercial policy - Protection against subsidization practices of non-Member States - Subsidy - Concept - Economic advantage granted through a charge on the public account

( Council Regulation No 2176/84, Art . 3 )

Summary

1 . Even though Regulation No 2176/84 has conferred a discretion on the Commission in regard to protection against subsidization practices of non-Member States, the Court is required to verify whether or not the Commission has observed the procedural guarantees granted to complainants by the Community provisions in question, has committed manifest errors in its assessment of the facts, has omitted to take into consideration any essential matters of such a nature as to give rise to a belief in the existence of subsidization or has based the reasons for its decision on considerations amounting to misuse of powers .

2 . The concept of subsidy in Article 3 of Regulation No 2176/84 is not expressly defined, either in that regulation or in other Community measures . However, an "illustrative list" of export subsidies, referred to in Article 3 ( 2 ) of the regulation, is annexed thereto . The last paragraph of that list defines as constituting an export subsidy in the sense of Article XVI of the GATT "any other charge on the public account ". It follows both from the terms of that general provision and from the other examples mentioned in the list that in the mind of the Community legislature the concept of export subsidy necessarily implied a financial burden borne directly or indirectly by public bodies . It also follows from Article 3 ( 3 ) of the said regulation, which expressly excludes from the concept of subsidy the exemption of a product from certain export charges or taxes, that the concept of a charge covers not merely cases in which the State advances funds but also those in which it waives recovery of tax debts, thereby introducing an exception to a generally applicable rule of taxation .

The concept of subsidy, thus understood as presupposing the grant of an economic advantage through a charge on the public account, is not incompatible with the Community' s obligations under international law, in particular under GATT and agreements concluded in the framework thereof .
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OFFICIALS - DISCIPLINARY MEASURES - PROCEDURE BEFORE THE DISCIPLINARY BOARD AND BEFORE THE APPOINTING AUTHORITY - OBSERVANCE OF THE RIGHT TO A FAIR HEARING AND THE RIGHT OF EACH SIDE TO SUBMIT ITS CASE AND TO REPLY TO THE CASE OF THE OTHER SIDE

( STAFF REGULATIONS OF OFFICIALS, ART . 87 AND ANNEX IX )

Summary

THE RIGHT TO A FAIR HEARING MUST BE OBSERVED NOT ONLY IN THE COURSE OF PROCEEDINGS BEFORE THE DISCIPLINARY BOARD PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 87 OF AND ANNEX IX TO THE STAFF REGULATIONS BUT ALSO IN THE COURSE OF PROCEEDINGS BEFORE THE APPOINTING AUTHORITY PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 87 . THE RIGHT TO BE HEARD REFERRED TO IN THAT PARAGRAPH PRESUPPOSES THAT THE APPOINTING AUTHORITY HAS PREVIOUSLY INFORMED THE OFFICIAL CONCERNED OF THE COMPLAINTS AGAINST HIM AND THAT HE HAS HAD A REASONABLE TIME TO PREPARE HIS DEFENCE .
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TRANSPORT - ROAD TRANSPORT - SOCIAL PROVISIONS - DEROGATION - CONCEPT OF "SPECIALIZED BREAKDOWN VEHICLE"

( COUNCIL REGULATION NO 543/69, ART . 4*(9 ), AND COUNCIL REGULATION NO 1463/70, ART . 3*(1 )*)

Summary

THE EXPRESSION "SPECIALIZED BREAKDOWN VEHICLE" IN POINT 9 OF ARTICLE 4 OF COUNCIL REGULATION NO 543/69 MEANS A VEHICLE WHOSE CONSTRUCTION, FITMENTS OR OTHER PERMANENT CHARACTERISTICS ARE SUCH THAT IT WILL BE USED MAINLY FOR REMOVING VEHICLES THAT HAVE RECENTLY BEEN INVOLVED IN AN ACCIDENT OR HAVE BROKEN DOWN FOR ANOTHER REASON . SUCHA VEHICLE IS NOT SUBJECT TO THE REQUIREMENTS LAID DOWN IN ARTICLE 3*(1 ) OF COUNCIL REGULATION NO 1463/70, WHATEVER USE IS ACTUALLY MADE OF IT BY ITS OWNER .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - GROUNDS - MISUSE OF POWERS - MEANING OF TERM

2 . OFFICIALS - PROMOTION - DISCRETION OF THE ADMINISTRATION - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ART . 45 ( 1 ) )

Summary

1 . A DECISION MAY AMOUNT TO A MISUSE OF POWERS ONLY IF IT APPEARS, ON THE BASIS OF OBJECTIVE, RELEVANT AND CONSISTENT INDICATIONS, TO HAVE BEEN TAKEN FOR PURPOSES OTHER THAN THOSE STATED .

2 . IN EXAMINING THE COMPARATIVE MERITS OF CANDIDATES AS REQUIRED BY ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS, WHERE IT INTENDS TO FILL A VACANT POST BY WAY OF PROMOTION, THE APPOINTING AUTHORITY HAS A WIDE DISCRETION . IN EXERCISING ITS SUPERVISORY JURISDICTION THE COURT MUST RESTRICT ITSELF TO THE QUESTION WHETHER, HAVING REGARD TO THE CONSIDERATIONS WHICH GUIDED ITS ASSESSMENT, THE ADMINISTRATION KEPT WITHIN REASONABLE BOUNDS AND DID NOT EXERCISE ITS POWER IN A MANIFESTLY ERRONEOUS MANNER .
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1 . APPROXIMATION OF LAWS - PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - TENDERER' S FINANCIAL AND ECONOMIC STANDING - REFERENCES REQUIRED - MEMBER STATES' DISCRETION - FIXING OF MAXIMUM VALUE OF THE WORKS WHICH MAY BE CARRIED OUT AT ONE TIME - PERMISSIBLE

( COUNCIL DIRECTIVE 71/305, ART . 25 )

2 . APPROXIMATION OF LAWS - PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - TENDERER' S FINANCIAL AND ECONOMIC STANDING - LEVEL REQUIRED - MEMBER STATES' DISCRETION - RECOGNITION IN A MEMBER STATE - PROBATIVE VALUE IN REGARD TO AN AWARDING AUTHORITY IN ANOTHER MEMBER STATE - LIMITS

( COUNCIL DIRECTIVE 71/305, ARTS 25, 26 AND 28 )

Summary

1 . THE REFERENCES ENABLING A CONTRACTOR' S FINANCIAL AND ECONOMIC STANDING TO BE DETERMINED ARE NOT EXHAUSTIVELY ENUMERATED IN ARTICLE 25 OF COUNCIL DIRECTIVE 71/305 CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS .

A STATEMENT OF THE TOTAL VALUE OF THE WORKS AWARDED TO A CONTRACTOR MAY BE REQUIRED FROM TENDERERS AS A REFERENCE WITHIN THE MEANING OF THE SAID ARTICLE 25 AND NEITHER THAT ARTICLE NOR ANY OTHER PROVISION OF THE DIRECTIVE PRECLUDES A MEMBER STATE FROM FIXING THE VALUE OF THE WORKS WHICH MAY BE CARRIED OUT AT ONE TIME .

2 . ARTICLES 25, 26 AND 28 OF DIRECTIVE 71/305 MUST BE INTERPRETED AS NOT PRECLUDING AN AWARDING AUTHORITY FROM REQUIRING A CONTRACTOR RECOGNIZED IN ANOTHER MEMBER STATE TO FURNISH PROOF THAT HIS UNDERTAKING HAS THE FINANCIAL AND ECONOMIC STANDING AND TECHNICAL CAPACITY REQUIRED BY NATIONAL LAW EVEN WHEN THE CONTRACTOR IS RECOGNIZED IN THE MEMBER STATE IN WHICH HE IS ESTABLISHED IN A CLASS EQUIVALENT TO THAT REQUIRED BY THE NATIONAL LAW BY VIRTUE OF THE VALUE OF THE CONTRACT TO BE AWARDED UNLESS THE CLASSIFICATION OF UNDERTAKINGS IN BOTH MEMBER STATES CONCERNED IS BASED ON EQUIVALENT CRITERIA IN REGARD TO THE CAPACITIES REQUIRED .
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OFFICIALS - APPLICATIONS TO THE COURT - PRELIMINARY ADMINISTRATIVE COMPLAINT - IMPLIED DECISION REJECTING A REQUEST NOT CHALLENGED WITHIN THE PRESCRIBED PERIOD - SUBSEQUENT EXPRESS DECISION - IDENTICAL REASONS - LIMITATION OF ACTIONS

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - CONDITIONS - LIMITS - POSSIBILITY OF RELYING UPON A DIRECTIVE AGAINST AN INDIVIDUAL - NONE

( EEC TREATY, ART . 189*(3 )*)

2 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - NEED TO ENSURE THAT DIRECTIVES ARE EFFECTIVE - OBLIGATIONS OF THE NATIONAL COURTS - LIMITS - PRINCIPLES OF LEGAL CERTAINTY AND NON-RETROACTIVITY

( EEC TREATY, ART . 189*(3 )*)

Summary

1 . WHEREVER THE PROVISIONS OF A DIRECTIVE APPEAR, AS FAR AS THEIR SUBJECT-MATTER IS CONCERNED, TO BE UNCONDITIONAL AND SUFFICIENTLY PRECISE, THOSE PROVISIONS MAY BE RELIED UPON BY AN INDIVIDUAL AGAINST THE STATE WHERE THAT STATE FAILS TO IMPLEMENT THE DIRECTIVE IN NATIONAL LAW BY THE END OF THE PERIOD PRESCRIBED OR WHERE IT FAILS TO IMPLEMENT THE DIRECTIVE CORRECTLY .

HOWEVER, ACCORDING TO ARTICLE 189 OF THE EEC TREATY THE BINDING NATURE OF A DIRECTIVE, WHICH CONSTITUTES THE BASIS FOR THE POSSIBILITY OF RELYING ON THE DIRECTIVE BEFORE A NATIONAL COURT, EXISTS ONLY IN RELATION TO "EACH MEMBER STATE TO WHICH IT IS ADDRESSED ". IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON BEFORE A NATIONAL COURT .

2 . IN APPLYING NATIONAL LAW AND IN PARTICULAR THE PROVISIONS OF A NATIONAL LAW SPECIFICALLY INTRODUCED IN ORDER TO IMPLEMENT THE DIRECTIVE, NATIONAL COURTS ARE REQUIRED TO INTERPRET THEIR NATIONAL LAW IN THE LIGHT OF THE WORDING AND THE PURPOSES OF THE DIRECTIVE IN ORDER TO ACHIEVE THE RESULT REFERRED TO IN THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY .

HOWEVER, THAT OBLIGATION IS LIMITED BY THE GENERAL PRINCIPLES OF LAW WHICH FORM PART OF COMMUNITY LAW AND IN PARTICULAR THE PRINCIPLES OF LEGAL CERTAINTY AND NON-RETROACTIVITY . THEREFORE A DIRECTIVE CANNOT, OF ITSELF AND INDEPENDENTLY OF A NATIONAL LAW ADOPED BY A MEMBER STATE FOR ITS IMPLEMENTATION, HAVE THE EFFECT OF DETERMINING OR AGGRAVATING THE LIABILITY IN CRIMINAL LAW OF PERSONS WHO ACT IN CONTRAVENTION OF THE PROVISIONS OF THAT DIRECTIVE .
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1 . FISHERIES - COMMON STRUCTURAL POLICY - PROVISIONAL POWERS OF THE MEMBER STATES - RULES OF A MEMBER STATE ON FISHING WITHIN ITS EXCLUSIVE FISHERY LIMITS - COMPOSITION OF THE CREWS OF VESSELS REGISTERED IN THAT STATE - MINIMUM PROPORTION TO BE COMMUNITY NATIONALS - PERMISSIBILITY

( ACT OF ACCESSION, 1972, ARTS 100 AND 102; COUNCIL REGULATION NO 101/76, ARTS 1 AND 2 ( 1 ) AND COUNCIL REGULATION NO 170/83, ART . 6 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - CONCEPT - NATIONAL MEASURES APPLICABLE TO ANY PERSON WITHIN THE JURISDICTION OF A MEMBER STATE - NOT INCLUDED

( EEC TREATY, ART . 7 )

Summary

1 . ARTICLES 100 AND 102 OF THE ACT OF ACCESSION OF 1972, ARTICLES 1 AND 2 ( 1 ) OF REGULATION NO 101/76 AND ARTICLE 6 OF REGULATION NO 170/83 DO NOT PRECLUDE A MEMBER STATE FROM ENACTING LEGISLATION REQUIRING A MINIMUM PROPORTION OF THE CREWS OF VESSELS WHICH ARE ENTERED IN ITS REGISTERS AND FISH WITHIN THE EXCLUSIVE FISHERY LIMITS OF THE STATE TO BE COMMUNITY NATIONALS .

2 . THE LEGISLATION OF A MEMBER STATE REQUIRING A MINIMUM PROPORTION OF THE CREWS OF VESSELS WHICH ARE ENTERED IN ITS REGISTERS AND WHICH FISH WITHIN ITS EXCLUSIVE FISHING LIMITS TO BE COMMUNITY NATIONALS DOES NOT CONTRAVENE ARTICLE 7 OF THE TREATY . THE FACT THAT SUCH A CONDITION IS NOT LAID DOWN IN OTHER MEMBER STATES IS IRRELEVANT SINCE IT IS NOT IN ITSELF CONTRARY TO COMMUNITY LAW AND IS APPLIED EQUALLY TO EVERY PERSON UNDER THE JURISDICTION OF THAT STATE .
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MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - NEED FOR FULL TRANSPOSITION INTO NATIONAL LAW

( EEC TREATY, ART . 189 ( 3 ) )
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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - SUBJECT-MATTER OF THE DISPUTE - DETERMINATION DURING THE PROCEDURE PRIOR TO THE ACTION - CONSIDERATION OF EVENTS WHICH TOOK PLACE AFTER THE DELIVERY OF THE REASONED OPINION - CONDITIONS - FACTS OF THE SAME KIND AND CONSTITUTING THE SAME CONDUCT AS THOSE REFERRED TO ORIGINALLY - OBSERVANCE OF THE RIGHTS OF THE DEFENCE

( EEC TREATY, ART . 169 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - COLLECTION AND COMMUNICATION OF DATA ON THE STRUCTURE AND ACTIVITY OF HATCHERIES - OBLIGATIONS OF THE MEMBER STATES

( REGULATION NO 2782/75 OF THE COUNCIL, ART . 10; COMMISSION REGULATION NO 1868/77, ARTS 4 ( 1 ) AND 6 )

Summary

1 . THE SCOPE OF AN ACTION BROUGHT UNDER ARTICLE 169 OF THE TREATY IS DELIMITED BOTH BY THE PRELIMINARY ADMINISTRATIVE PROCEDURE PROVIDED FOR BY THAT ARTICLE AND BY THE CONCLUSIONS SET OUT IN THE APPLICATION, SINCE THE COMMISSION' S REASONED OPINION AND ITS APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .

HOWEVER, WHERE THE ALLEGED BREACH OF OBLIGATIONS LIES IN A MEMBER STATE' S CONSISTENT DELAYS IN COMMUNICATING INFORMATION WHICH IT IS REQUIRED TO FORWARD TO THE COMMISSION ON A REGULAR BASIS, ANY DELAYS WHICH OCCUR AFTER THE DELIVERY OF THE REASONED OPINION ARE FACTS OF THE SAME KIND AS THOSE TO WHICH THE OPINION REFERRED AND WHICH CONSTITUTE THE SAME CONDUCT; THE SUBJECT-MATTER OF THE DISPUTE MAY THEREFORE ENCOMPASS THOSE DELAYS, IN PARTICULAR WHERE THE MEMBER STATE CONCERNED HAS, IN SUBMITTING ITS DEFENCE, CONCENTRATED ON THE COMMUNICATION OF DATA IN GENERAL, SO THAT THE RIGHTS OF THE DEFENCE ARE NOT IMPAIRED .

2 . THE PERIODS LAID DOWN IN ARTICLE 10 OF REGULATION NO 2782/75 AND ARTICLES 4 ( 1 ) AND 6 OF REGULATION NO 1868/77 FOR THE COMMUNICATION BY THE MEMBER STATES TO THE COMMISSION OF STATISTICAL RETURNS ON THE STRUCTURE AND ACTIVITY OF HATCHERIES ARE MANDATORY BUT THIS DOES NOT PRECLUDE A DEGREE OF FLEXIBILITY WHERE EXCEPTIONAL CIRCUMSTANCES EXIST .

THE NATIONAL AUTHORITIES ARE UNDER AN OBLIGATION TO ENSURE, BY MEANS OF AN APPROPRIATE SYSTEM OF VERIFICATION, THAT THE HATCHERIES FORWARD THE DATA TO THEM IN GOOD TIME SO AS TO ENABLE THE AUTHORITIES THEMSELVES TO PASS ON THE DATA TO THE COMMISSION WITHIN THE PRESCRIBED PERIODS, AND THEY CANNOT THEREFORE PLEAD IN THEIR OWN DEFENCE THE DELAYS CAUSED BY THE HATCHERIES IN ORDER TO JUSTIFY NON-OBSERVANCE OF THE PERIODS PRESCRIBED BY THE AFORESAID PROVISIONS .
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1 . ACTION FOR A DECLARATION THAT A MEASURE IS VOID - MEASURES OPEN TO CHALLENGE - PROVISIONS CONTAINED IN ANNEX I TO THE ACT OF ACCESSION OF SPAIN AND PORTUGAL AND ADAPTING ACTS ADOPTED BY THE INSTITUTIONS - EXCLUDED

( EEC TREATY, ART . 173; ACT OF ACCESSION OF SPAIN AND PORTUGAL, ARTS 6, 8, 26 AND ANNEX I )

2 . ACTION FOR DAMAGES - OBJECT - ACTION SEEKING COMPENSATION FOR DAMAGE RESULTING FROM ADAPTATIONS TO ACTS OF THE INSTITUTIONS MADE BY THE ACT OF ACCESSION OF SPAIN AND PORTUGAL - LACK OF JURISDICTION OF THE COURT

( EEC TREATY, ART . 178, SECOND PARAGRAPH OF ART . 215 AND ART . 237 )

Summary

1 . THE PROVISIONS SET OUT IN ANNEX I OF THE ACT OF ACCESSION OF SPAIN AND PORTUGAL ADJUSTING ACTS ADOPTED BY THE INSTITUTIONS DO NOT CONSTITUTE AN ACT OF THE COUNCIL BUT PROVISIONS OF PRIMARY LAW WHICH, ACCORDING TO ARTICLE 6 OF THAT ACT AND UNLESS OTHERWISE PROVIDED THEREIN, MAY NOT BE SUSPENDED, AMENDED OR REPEALED OTHERWISE THAN BY MEANS OF THE PROCEDURES LAID DOWN FOR THE REVISION OF THE ORIGINAL TREATIES . CONSEQUENTLY, NOTWITHSTANDING ARTICLE 8 OF THE ACT OF ACCESSION, THEY CANNOT FALL WITHIN THE CATEGORY OF ACTS OF THE INSTITUTIONS OPEN TO AN ACTION FOR A DECLARATION THAT THEY ARE VOID UNDER ARTICLE 173 OF THE EEC TREATY .

2 . THE COURT HAS NO JURISDICTION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY TO HEAR AND DETERMINE AN ACTION FOR DAMAGES SEEKING COMPENSATION FOR DAMAGE ALLEGEDLY ARISING FROM ADJUSTMENTS TO ACTS OF THE INSTITUTIONS MADE BY THE ACT OF ACCESSION OF SPAIN AND PORTUGAL BECAUSE, AS IS CLEAR FROM ARTICLE 237 OF THE TREATY, THAT ACT IS AN AGREEMENT CONCLUDED BETWEEN THE MEMBER STATES AND THE STATES WHICH APPLIED FOR ACCESSION .
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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - SUBJECT-MATTER OF THE ACTION - ESTABLISHED BY THE REASONED OPINION - PERIOD GRANTED TO THE MEMBER STATE FOR COMPLIANCE - SUBSEQUENT COMPLIANCE WITH ITS OBLIGATIONS - INTEREST IN PURSUING THE ACTION - POSSIBLE LIABILITY OF THE MEMBER STATE

( EEC TREATY, ART . 169 )

2 . MEMBER STATES - OBLIGATIONS - COMMISSION' S TASK OF SUPERVISION - MEMBER STATES' DUTY TO COOPERATE - COOPERATION IN INVESTIGATIONS CONCERNING AN ALLEGED FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS

( EEC TREATY, ART . 5 )

Summary

1 . THE SUBJECT-MATTER OF AN ACTION BROUGHT UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION AND EVEN WHERE THE DEFAULT HAS BEEN REMEDIED AFTER THE PERIOD LAID DOWN PURSUANT TO THE SECOND PARAGRAPH OF THAT ARTICLE HAS ELAPSED, AN INTEREST STILL SUBSISTS IN PURSUING THE ACTION . THAT INTEREST MAY CONSIST IN ESTABLISHING THE BASIS FOR A LIABILITY WHICH A MEMBER STATE MAY INCUR, BY REASON OF ITS FAILURE TO FULFIL ITS OBLIGATIONS, TOWARDS THOSE TO WHOM RIGHTS ACCRUE AS A RESULT OF THAT FAILURE .

2 . REFUSAL BY A MEMBER STATE TO ASSIST THE COMMISSION IN THE INVESTIGATIONS WHICH THE LATTER IS CARRYING OUT IN ORDER TO DETERMINE WHETHER BREACHES OF COMMUNITY LAW FLOWING FROM REGULATIONS AND PRACTICES IN THAT STATE HAVE BEEN COMMITTED CONSTITUTES A FAILURE TO FULFIL THE DUTY INCUMBENT ON EVERY MEMBER STATE UNDER ARTICLE 5 TO FACILITATE THE ACHIEVEMENT OF THE COMMISSION' S TASKS .