ddrg/super_eurlex huggingface dataset:
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EEC - FINANCIAL PROVISIONS - BUDGET - CONTRIBUTIONS OF THE MEMBER STATES - STATEMENT OF ACCOUNTS - NOTIFICATION TO THE MEMBER STATES OF THE AMOUNTS TO BE PAID - HAVING NATURE OF FINAL DECISIONS

( EEC TREATY, ARTICLE 200; FINANCIAL REGULATION OF 31 JANUARY 1961, ARTICLES 17 AND 18 )

Summary

IT IS CLEAR FROM ARTICLES 17 AND 18 OF THE FINANCIAL REGULATION OF 31 JANUARY 1961 THAT THE STATEMENT OF ACCOUNTS DETERMINING THE CONTRIBUTIONS OF THE MEMBER STATES AND NOTIFICATION THEREOF TO SUCH STATES MUST BE EFFECTED WITHIN A GIVEN PERIOD, SO THAT THOSE MEASURES MUST BE CONSIDERED AS FINAL DECISIONS AND NOT AS PROVISIONAL STATEMENTS OF POSITION .

ONE AND THE SAME STATEMENT OF ACCOUNTS WITHIN THE MEANING OF ARTICLE 17 OF THE FINANCIAL REGULATION, WHICH HAS BEEN NOTIFIED TO ALL THE MEMBER STATES, CANNOT BE REGARDED AS PROVISIONAL WITH REGARD TO ONE OF THOSE STATES .

SINCE THE APPLICANT HAS FAILED TO BRING AN ACTION WITHIN THE PERIOD OF TWO MONTHS IT MAY NOT REPAIR THIS OMISSION BY INSTITUTING PROCEEDINGS AGAINST A SUBSEQUENT LETTER REFUSING TO RECONSIDER THE MEASURES IN QUESTION .
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1 . COMMUNITY LAW - UNIFORM INTERPRETATION AND APPLICATION

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - COMMUNITY SCOPE

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 7; REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 1028/68 OF THE COMMISSION, ARTICLE 3 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - CONCEPT

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 7; REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 1028/68 OF THE COMMISSION, ARTICLE 3 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - ESSENTIAL PROCEDURAL REQUIREMENTS - INCOMPLETE OFFER - REGULARIZATION

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 7; REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 1028/68 OF THE COMMISSION, ARTICLE 3 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - GOODS - PLACING AT THE DISPOSAL OF THE INTERVENTION AGENCY

( REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1 )

6 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - INTERVENTION MACHINERY - RULES - MANDATORY NATURE

( EEC TREATY, ARTICLE 40 )

Summary

1 . TERMS USED IN COMMUNITY LAW MUST BE UNIFORMLY INTERPRETED AND IMPLEMENTED THROUGHOUT THE COMMUNITY, EXCEPT WHEN AN EXPRESS OR IMPLIED REFERENCE IS MADE TO NATIONAL LAW .

2 . THE TERMS " OFFER " AND " OFFERED ", CONTAINED IN REGULATIONS NOS 120/67, 132/67 AND 1028/68, MUST BE UNIFORMLY INTERPRETED IN THE MEMBER STATES, IN ACCORDANCE WITH THE OBJECTIVES OF THE INTERVENTION SYSTEM LAID DOWN BY THOSE REGULATIONS .

3 . IN ACCORDANCE WITH THE ABOVE REGULATIONS, AN OFFER MUST BE CONSIDERED AS EFFECTIVELY MADE WHEN IT IS RECEIVED IN WRITING BY THE INTERVENTION AGENCY .

4 . IN ORDER TO BE VALID AND BINDING UPON THE INTERVENTION AGENCY, AN OFFER FOR INTERVENTION MUST STATE WHERE THE GOODS OFFERED ARE OR WILL BE AT THE TIME WHEN THE OFFER IS MADE, THAT IS, AT THE TIME WHEN IT IS RECEIVED BY THE AGENCY . AN OFFER WHICH IS ORIGINALLY INCOMPLETE IN THIS RESPECT MAY SUBSEQUENTLY BE COMPLETED, BUT WILL BE EFFECTIVE ONLY WHEN IT SATISFIES ALL THE CONDITIONS UPON WHICH ITS VALIDITY DEPENDS .

5 . THE PHRASE " ARE WHEN THE OFFER IS MADE " CONTAINED IN ARTICLE 1 OF REGULATION NO 132/67 MUST BE INTERPRETED AS MEANING THAT THE GOODS OFFERED MUST, WHEN THE OFFER IS MADE, BE AT THE DISPOSAL OF THE INTERVENTION AGENCY, SO THAT ANY SUBSEQUENT CHANGE OF LOCATION REMAINS EXCLUSIVELY A MATTER FOR THE AGENCY .

6 . IF THE OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET ARE TO BE ATTAINED, THE INTRODUCTION OF THE INTERVENTION MACHINERY MUST FOLLOW RULES WHICH ARE AS UNIFORM AS POSSIBLE, SO AS NOT TO IMPEDE THE FREE MOVEMENT OF PRODUCTS WITHIN THE COMMUNITY UNDER NORMAL MARKET CONDITIONS . IN THE ABSENCE OF ANY CLEARLY EXPRESSED INTENTION ON THE PART OF THE DRAFTSMEN OF THE COMMUNITY REGULATIONS IT CANNOT BE CONSIDERED PERMISSIBLE FOR MEMBER STATES TO DEROGATE THEREFROM .
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1 . OFFICIALS - RECRUITMENT - DUTIES PERFORMED - UNSUITABILITY - OPPORTUNITY OF OBTAINING ANOTHER POST - LEGALITY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 27 )

2 . OFFICIALS - PERSONAL FILES - PURPOSE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 26 )

3 . OFFICIALS - RECRUITMENT - LIST OF SUITABLE CANDIDATES - ORDER OF CLASSIFICATION - SUITABILITY FOR PERFORMANCE OF THE DUTIES - PRIORITY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 30 )

Summary

1 . THE FACT THAT THE APPOINTING AUTHORITY WISHES TO GIVE AN OFFICIAL, WHO HAS BECOME INCAPABLE OF PERFORMING THE DUTIES HE PREVIOUSLY DISCHARGED, THE OPPORTUNITY OF OBTAINING ANOTHER POST CORRESPONDING TO HIS CAPABILITIES AND QUALIFICATIONS, CANNOT BE CONSIDERED AN ILLEGAL MEASURE SO LONG AS THE PROVISIONS OF THE STAFF REGULATIONS RELATING TO THE RECRUITMENT OF OFFICIALS ARE OBSERVED .

2 . PERSONAL FILES ARE KEPT IN ORDER TO GUARANTEE AN OFFICIAL' S RIGHT OF DEFENCE BY ENSURING THAT DECISIONS TAKEN BY THE APPOINTING AUTHORITY AFFECTING HIS ADMINISTRATIVE STATUS AND HIS CAREER ARE NOT BASED ON MATTERS CONCERNING HIS CONDUCT WHICH ARE NOT INCLUDED IN HIS PERSONAL FILE .

3 . ALTHOUGH FOR THE PURPOSE OF ASSESSING THE SUITABILITY OF EACH CANDIDATE IT IS NECESSARY TO HAVE REGARD TO THE TOTAL NUMBER OF POINTS OBTAINED, THE IMPORTANCE FOR THIS ASSESSMENT OF THE QUALIFICATIONS RELATING TO SUITABILITY FOR THE PERFORMANCE OF THE DUTIES MUST NOT BE DISREGARDED .

PREFERENCE GIVEN TO A CANDIDATE WHO IS NOT FIRST ON THE LIST OF SUITABLE CANDIDATES DRAWN UP BY THE SELECTION BOARD BUT WHO OBTAINED A GREATER NUMBER OF POINTS FOR SUITABILITY FOR THE PERFORMANCE OF THE DUTIES MAY BE JUSTIFIED IN THE INTERESTS OF THE SERVICE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - PROCESSED PRODUCTS - COMMON CUSTOMS TARIFF - CLASSIFICATION OF AGRICULTURAL PRODUCTS - OBLIGATORY IN APPLYING CUSTOMS DUTIES - A GUIDE IN DETERMINING THE LEVY

( REGULATION OF THE COUNCIL NO 865/68, ARTICLE 9 ( 2 ))

2 . COMMON CUSTOMS TARIFF - RULES OF CLASSIFICATION - PRINCIPLES UNDERLYING THE AGREEMENTS CONCLUDED BY THE COMMUNITY WITHIN THE FRAMEWORK OF GATT - INTERPRETATION

3 . COMMON CUSTOMS TARIFF - FRUIT OTHER THAN PINEAPPLES AND GRAPES REFERRED TO IN TARIFF HEADING 20.06 - SUGAR CONTENT EXCEEDING 9 PER CENT BY WEIGHT - APPLICATION OF THE RATE LAID DOWN FOR FRUIT WITH ADDED SUGAR

( REGULATION OF THE COUNCIL NO 1/71, CHAPTER 20 OF THE COMMON CUSTOMS TARIFF AND ADDITIONAL NOTE NO 2 TO CHAPTER 20 )

Summary

1 . THE CLASSIFICATION OF PRODUCTS COMING UNDER THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS ESTABLISHED BY REGULATION NO 865/68 IS CONCLUSIVE REGARDING THE IMPOSITION OF CUSTOMS DUTIES BUT IS MERELY A GUIDE WITH REGARD TO ANY LEVY CHARGEABLE .

2 . THE INTERPRETATION OF THE RULES OF CLASSIFICATION APPLICABLE TO THE COMMON CUSTOMS TARIFF MAY BE BASED ON THE PRINCIPLES UNDERLYING THE AGREEMENTS CONCLUDED BY THE COMMUNITY WITHIN THE FRAMEWORK OF GATT .

3 . THE PROVISIONS OF SUBHEADING 20.06 B II ( A ) 6 ( BB ) OF THE COMMON CUSTOMS TARIFF READ TOGETHER WITH ADDITIONAL NOTE NO 2 TO CHAPTER 20 MUST BE INTERPRETED TO MEAN THAT FRUIT, OTHER THAN PINEAPPLES AND GRAPES, REFERRED TO UNDER HEADING 20.06 OF THE TARIFF, HAVING A SUGAR CONTENT DETERMINED IN ACCORDANCE WITH ADDITIONAL NOTE NO 1 TO CHAPTER 20 WHICH EXCEEDS 9 PER CENT BY WEIGHT, IS SUBJECT FOR THE PURPOSE OF CUSTOMS DUTIES TO THE RATE PRESCRIBED FOR FRUIT CONTAINING ADDED SUGAR REGARDLESS OF WHETHER SUGAR HAS IN FACT BEEN ADDED .
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OFFICIALS - INVALIDITY - COMMITTEE - MEMBERS - DISAGREEMENT - MAJORITY DECISION

( STAFF REGULATIONS, ARTICLE 59 )

Summary

A MEMBER OF AN INVALIDITY COMMITTEE, APPOINTED BY ONE OF THE PARTIES, CANNOT, BY HIS ABSTENTION OR REFUSAL TO SIGN, BLOCK THE PROCEDURE PROVIDED FOR IN ARTICLE 59 AND MAKE THE APPLICATION OF THE PROVISIONS OF THE REGULATIONS IMPOSSIBLE .

THE REGULATIONS, BY PROVIDING FOR A COMPOSITION OF THREE MEMBERS, IMPLY THAT IN THE EVENT OF DISAGREEMENT THE COMMITTEE MAY DECIDE BY A MAJORITY .

THE MEDICAL REPORT, REPRESENTING THE OPINION OF THIS MAJORITY, MUST BE REGARDED AS VALID WITHIN THE MEANING OF THE REGULATIONS, WITH ALL THE LEGAL CONSEQUENCES .
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1 . QUESTIONS REFERRED TO THE COURT FOR A PRELIMINARY RULING - REFERENCE TO THE COURT - EXCLUSIVE JURISDICTION OF NATIONAL COURT

( EEC TREATY, ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORTS TO THIRD COUNTRIES - REFUNDS - PAYMENT - TIME-LIMIT - DETERMINATION ACCORDING TO NATIONAL LAW

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 20 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - REGULATIONS NOS 19 AND 120/67/EEC OF THE COUNCIL - SCOPE

Summary

1 . ACCORDING TO ARTICLE 177 OF THE TREATY IT IS FOR THE NATIONAL COURT AND NOT THE PARTIES TO THE MAIN ACTION TO BRING A MATTER BEFORE THE COURT OF JUSTICE .

SINCE THE POWER TO FORMULATE THE QUESTIONS TO BE REFERRED IS VESTED IN THE NATIONAL COURT ALONE THE PARTIES CANNOT ALTER THE WORDING OF THOSE QUESTIONS .

2 . UNDER THE SYSTEM INSTITUTED BY REGULATION NO 19 OF THE COUNCIL, THAT IS, UP TO AND INCLUDING 30 JUNE 1967, THE MEMBER STATES WERE FREE TO DECIDE WHETHER OR NOT TO GRANT REFUNDS ON EXPORTS OF CEREALS TO THIRD COUNTRIES . WHERE A MEMBER STATE EXERCISED THIS POWER, THE QUESTION OF DETERMINING THE PERIOD WITHIN WHICH THE REFUNDS WERE TO BE PAID WAS A MATTER FOR NATIONAL LAW ALONE .

3 . IN SO FAR AS THE SYSTEM INSTITUTED BY REGULATION NO 120/67/EEC OF THE COUNCIL CONCERNING CEREALS DIFFERS FROM THAT RESULTING FROM REGULATION NO 19, THE NEW RULES RELATE SOLELY TO COMMERCIAL TRANSACTIONS EFFECTED AFTER 30 JUNE 1967 .
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1 . COMMON CUSTOMS TARIFF - TARIFF CLASSIFICATION - HEADING 23.07 - INTERPRETATION

( REGULATIONS NOS 19/62 AND 55/62 )

2 . COMMON CUSTOMS TARIFF - TARIFF CLASSIFICATION - CRITERIA - APPLICATION - JURISDICTION OF THE NATIONAL COURT

Summary

1 . HEADING 23.07 OF THE COMMON CUSTOMS TARIFF, TO WHICH REFERENCE IS MADE IN ARTICLE 1 ( D ) OF AND THE ANNEX TO REGULATION NO 19 OF 4 APRIL 1962 AND IN ARTICLE 12 OF REGULATION NO 55 OF 30 JUNE 1962 MUST BE INTERPRETED AS MEANING THAT IT IS CONCERNED EXCLUSIVELY WITH CEREAL-BASED ANIMAL FOOD PREPARATIONS WHICH ARE SPECIFICALLY INTENDED FOR USE AS FORAGE, PROVIDED THAT THEY ARE NOT, AT THE SAME TIME, FIT FOR HUMAN CONSUMPTION .

2 . PRACTICAL CONSIDERATIONS ARISING IN INDIVIDUAL CASES FROM THE APPLICATION OF CRITERIA LAID DOWN BY THE COMMON CUSTOMS TARIFF ARE A MATTER FOR THE NATIONAL COURTS .
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1 . PRELIMINARY RULINGS - EFFECTS OF A NATIONAL LAW IN RELATION TO COMMUNITY LAW - POWERS OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - APPLICATION TO NATIONAL LEGISLATIVE SYSTEMS - EXTENSION TO PROPHYLACTIC AND REMEDIAL MEASURES

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 2 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS BENEFITS - CONCEPT - ACQUISITION OF THE RIGHT BY AGGREGATION OF THE INSURANCE PERIODS COMPLETED

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 2, ARTICLE 16 )

Summary

1 . THE COURT HAS POWER TO PROVIDE THE NATIONAL COURT WITH FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF A PROVISION OF NATIONAL LAW .

2 . ARTICLE 2 ( 1 ) OF REGULATION NO 3 ALSO REFERS TO PROPHYLACTIC OR REMEDIAL MEASURES .

3 . THE SOCIAL SECURITY BENEFITS WHICH, ALTHOUGH NOT RELATED TO THE " EARNING CAPACITY " OF THE INSURED PERSON, ARE ALSO AWARDED TO THE MEMBER OF HIS FAMILY AND ARE PRINCIPALLY INTENDED TO AID THE RECOVERY OF THE INVALID AND TO PROTECT THOSE WHO ARE IN CONTACT WITH HIM MUST BE REGARDED AS SICKNESS BENEFITS WITHIN THE MEANING OF ARTICLE 2 ( 1 ) ( A ) OF REGULATION NO 3 .

FOR THE PURPOSES OF ACQUIRING A RIGHT TO SUCH BENEFITS, THE AGGREGATION OF THE AFFILIATION PERIODS COMPLETED IN THE VARIOUS MEMBER STATES IS GOVERNED BY ARTICLE 16 ET SEQ . OF REGULATION NO 3 .
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1 . OFFICIALS - SOCIAL SECURITY - INSURANCE - AFFILIATION - CONDITIONS - CONTRIBUTIONS - PAYMENT BY THE INSURED - OBLIGATIONS OF THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ART . 72 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE - ILLNESS - UNJUSTIFIED ABSENCES FROM WORK - MEDICAL EXPENSES - RIGHT TO BENEFITS

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ART . 72 )

3 . OFFICIALS - SOCIAL SECURITY - PARTICULARLY DIFFICULT POSITION - GIFTS, LOANS OR ADVANCES - GRANT - OPTIONAL NATURE

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ART . 76 )

Summary

1 . IN THE ABSENCE OF PROVISION IN THE STAFF REGULATIONS TO THE CONTRARY, AFFILIATION OF AN OFFICIAL TO THE SOCIAL INSURANCE SCHEME ESTABLISHED BY THE COMMUNITY CANNOT BE QUESTIONED AS LONG AS HE REMAINS AN OFFICIAL . ALTHOUGH IT IS TRUE THAT IT IS A CONTRIBUTORY SCHEME, PAYMENT OF THE CONTRIBUTIONS NEVERTHELESS DOES NOT CONSTITUTE AN ESSENTIAL CONDITION OF AFFILIATION, AS THE ADMINISTRATION MAY, IN THE EVENT OF THE OFFICIAL LOSING THE BENEFIT OF HIS REMUNERATION, EITHER CALL ON HIM TO CONTINUE PAYMENT OF HIS CONTRIBUTIONS OR PAY THE CONTRIBUTIONS DIRECTLY AND THEREAFTER RECOVER THEM BY RECOURSE TO LAW .

2 . IF ABSENCES FROM WORK ARE NOT JUSTIFIED BY THE ILLNESS FROM WHICH THE OFFICIAL SUFFERS, THIS DOES NOT NECESSARILY MEAN THAT ALL THE EXPENSES INCURRED THROUGH THAT ILLNESS ARE THEMSELVES UNJUSTIFIABLE AND DO NOT GIVE RISE TO A RIGHT TO BENEFITS .

3 . ARTICLE 76 IMPOSES NO SPECIFIC OBLIGATION ON THE COMMUNITY AUTHORITIES, BUT AIMS AT GIVING THEM THE OPTION OF COMING TO THE ASSISTANCE OF OFFICIALS OR FORMER OFFICIALS WHO FIND THEMSELVES IN DIFFICULTY .
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1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ART . 177 )

2 . TAXATION PROVISIONS - INTERNAL TAXATION BY ONE MEMBER STATE ON PRODUCTS COMING FROM OTHER MEMBER STATES - PRINCIPLE OF NON-DISCRIMINATION - APPLICATION TO THE BASIS OF ASSESSMENT OF TAXATION - DOUBLE TAXATION - PROHIBITION

( EEC TREATY, ART . 95 )

Summary

1 . THE COURT DOES NOT HAVE JURISDICTION UNDER ARTICLE 177 TO SETTLE A DISPUTE RELATING TO THE INTERPRETATION OF A NATIONAL LAW .

2 . THE PROHIBITION OF DISCRIMINATION AS LAID DOWN BY ARTICLE 95 RELATES NOT ONLY TO THE RATE BUT ALSO TO THE BASIS OF TAXATION . ARTICLE 95 OF THE TREATY MUST THEREFORE BE INTERPRETED AS PROHIBITING AS FISCAL SYSTEM UNDER WHICH IMPORTED GOODS ARE CHARGED TWICE WITH TURNOVER TAX, THUS BEING TREATED AS THE OBJECT OF TWO DISTINCT TRANSACTIONS DURING THE COURSE OF ONE OPERATION WHICH, FOR THE SAME NATIONAL PRODUCT AT THE SAME MARKETING STAGE, WOULD CONSTITUTE ONLY ONE CHARGEABLE OPERATION .
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OFFICIALS - PERSONAL FILE - DOCUMENTS NOT PREVIOUSLY COMMUNICATED - INSERTION - ADMISSIBILITY - CONDITIONS

( STAFF REGULATION, ART . 26, SECOND PARAGRAPH )

Summary

DOCUMENTS MAY BE PLACED IN AN OFFICIAL' S PERSONAL FILE NOTWITHSTANDING THAT THEY HAVE NOT BEEN PREVIOUSLY COMMUNICATED TO HIM, SO LONG AS THEY ARE NOT USED OR CITED AGAINST HIM, AND IT HAS NOT BEEN PROVED THAT THE MATERIAL CONTAINED IN THEM IS SUBSTANTIALLY ERRONEOUS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY SYSTEM OF REGULATIONS - REPLACEMENT OF SOCIAL SECURITY CONVENTIONS BETWEEN MEMBER STATES - MANDATORY NATURE

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 5, ARTICLE 6 ( 2 ); REGULATION NO 1408/71 OF THE COUNCIL - ARTICLE 6 AND ARTICLE 7 )

Summary

UNDER ARTICLES 5 AND 6 OF REGULATION NO 3, THAT REGULATION REPLACED THE PROVISIONS OF SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN MEMBER STATES . THIS RULE IS MANDATORY IN NATURE AND ALLOWS OF NO EXCEPTIONS, SAVE FOR THOSE CASES EXPRESSLY STIPULATED IN THE REGULATION . THE FACT THAT SUCH CONVENTIONS ARE MORE ADVANTAGEOUS TO PERSONS COVERED BY REGULATION NO 3 THAN THE REGULATION ITSELF IS NOT SUFFICIENT TO JUSTIFY AN EXCEPTION TO THIS RULE . ARTICLES 6 AND 7 OF REGULATION NO 1408/71 OF THE COUNCIL, BY VIRTUE OF THEIR CONTENT AND PURPOSE, ARE ANALOGOUS IN SCOPE AND EFFECT TO ARTICLES 5 AND 6 OF REGULATION NO 3 .
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1 . SOCIAL SECURITY - MIGRANT WORKERS - BUSINESS REPRESENTATIVE - EMPLOYMENT IN THE TERRITORIES OF DIFFERENT MEMBER STATES - LEGISLATION APPLICABLE - CRITERIA - ONE LEGISLATION - PRINCIPAL EMPLOYMENT - DETERMINATION

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 12 )

2 . SOCIAL SECURITY - MIGRANT WORKERS - BUSINESS REPRESENTATIVE - EMPLOYMENT IN THE TERRITORIES OF DIFFERENT MEMBER STATES - LEGISLATION APPLICABLE - PERMANENT RESIDENCE - DEFINITION

( REGULATION NO 3 OF THE COUNCIL, ARTICLES 1 ( H ) AND 13 ( 1 ) ( C ))

Summary

1 . A BUSINESS REPRESENTATIVE, COVERED BY REGULATION NO 3 BY VIRTUE OF NATIONAL SOCIAL SECURITY LEGISLATION, WHO FOR PART OF THE YEAR CONTINUOUSLY TOURS THE TERRITORY OF A MEMBER STATE CANVASSING BUSINESS AND WHOSE ACTIVITY EXTENDS INTO THE TERRITORY OF ANOTHER MEMBER STATE IN WHICH ARE SITUATED THE REGISTERED OFFICES OF THE UNDERTAKINGS WHICH HE REPRESENTS AND WITH WHICH HE RETURNS TO MAKE CONTACT OUTSIDE THE TIME SPENT IN CANVASSING BUSINESS, MUST BE REGARDED AS BEING, PRIOR TO THE ENTRY INTO FORCE OF REGULATION NO 24/64, EMPLOYED IN THE TERRITORIES OF THE SAID TWO STATES WITHIN THE MEANING OF ARTICLE 12 OF REGULATION NO 3 . IN ORDER TO DETERMINE WHICH SOCIAL SECURITY LEGISLATION IS TO BE APPLIED TO HIM, WHILE MAINTAINING OBSERVANCE OF THE PRINCIPLE OF THE APPLICATION OF ONE LEGISLATION, IT MUST BE HELD THAT HIS PRINCIPAL EMPLOYMENT WAS IN THE TERRITORY OF THE STATE IN WHICH THE REGISTERED OFFICES OF THE UNDERTAKINGS REPRESENTED BY HIM ARE SITUATED .

2 . A BUSINESS REPRESENTATIVE, WHO REGULARLY TOURS THE TERRITORY OF A MEMBER STATE CANVASSING BUSINESS IN THE INTERESTS OF UNDERTAKINGS SITUATED IN ANOTHER MEMBER STATE, HAS HIS PERMANENT RESIDENCE IN THE PLACE IN WHICH HE HAS ESTABLISHED THE PERMANENT CENTRE OF HIS INTERESTS AND TO WHICH HE RETURNS IN THE INTERVALS BETWEEN HIS TOURS .
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AGRICULTURE - COMMON ORGANIZATION OF MARKETS - POULTRY - IMPORT - THIRD COUNTRY - LEVY AND ADDITIONAL LEVY - TURNOVER EQUALIZATION TAX - DEDUCTION - NOT ALLOWABLE

( ARTICLES 4 AND 6 OF REGULATION NO 22 OF THE COUNCIL )

Summary

ARTICLES 4 AND 6 OF EEC REGULATION NO 22 OF THE COUNCIL OF 20 APRIL 1962 MUST BE INTERPRETED AS MEANING THAT THE LEVY AND THE ADDITIONAL AMOUNT PAYABLE ON IMPORT OF SLAUGHTERED POULTRY AND POULTRYMEAT FROM THIRD COUNTRIES MUST NOT BE REDUCED BY A CHARGE SUCH AS THE TURNOVER EQUALIZATION TAX ON IMPORT .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - PARTICULAR SCHEMES UNDER NATIONAL LAW WITHIN THE MEANING OF ARTICLES 10 ( 1 ) OF REGULATIONS NO 3 AND NO 1408/71 OF THE COUNCIL - MEANING

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - PARTICULAR SCHEMES UNDER NATIONAL LAW - BENEFITS THEREUNDER - GRANT - CONDITIONS - TERRITORIAL CLAUSE - CANNOT BE APPLIED

( REGULATIONS NO 3 AND NO 1408/71 OF THE COUNCIL, ARTICLE 10 ( 1 ))

Summary

1 . THE PHRASE " BY VIRTUE OF THE LEGISLATION OF ONE OR MORE MEMBER STATES " IN ARTICLE 10 ( 1 ) OF REGULATION NO 3 AND THE PHRASE " ... UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES " IN ARTICLE 10 ( 1 ) OF REGULATION NO 1408/71 REFER TO NATIONAL LAWS AFTER THE EFFECTS OF COMMUNITY LAW, AND PARTICULARLY THE PRINCIPLE OF NON-DISCRIMINATION BETWEEN NATIONALS OF MEMBER STATES, HAVE BEEN TAKEN INTO ACCOUNT .

2 . THE PROTECTION AFFORDED BY ARTICLE 10 ( 1 ) OF REGULATIONS NOS 3 AND 1408/71 EXTENDS TO BENEFITS ARISING FROM PARTICULAR SCHEMES UNDER NATIONAL LAW WHICH ARE GIVEN EFFECT BY INCREASING THE VALUE OF THE PAYMENT TO BE MADE TO THE BENEFICIARY .
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1 . OFFICIALS - APPEALS - ACT ADVERSELY AFFECTING - NOTIFICATION - SALARY STATEMENT

( STAFF REGULATIONS, ARTICLE 90 )

2 . OFFICIALS - APPEALS - PROVISION OF THE STAFF REGULATIONS - NON-APPLICABILITY - FINDING BY THE COURT - NO RETROSPECTIVE EFFECT - TIME LIMIT - RE-OPENING - NON-ADMISSIBILITY

( STAFF REGULATIONS, ARTICLE 91 )

3 . COMMUNITY LAW - PROVISION - DUE REGARD TO PROCEDURAL AND FORMAL CONDITIONS - ILLEGALITY OF THE RULE IN QUESTION - DESCRIPTION AS 'NON-EXISTENT' - INADMISSIBILITY

Summary

1 . THE SENDING OF THE MONTHLY SALARY STATEMENT HAS THE EFFECT OF STARTING THE TIME FOR APPEAL RUNNING, WHERE IT CLEARLY SHOWS THE DECISION TAKEN AS REGARDS REMUNERATION .

2 . A JUDGMENT OF THE COURT FINDING NON-APPLICABILITY OF A PROVISION OF THE STAFF REGULATIONS CANNOT BE RELIED UPON TO RE-OPEN THE TIME FOR APPEAL BY PARTIES WHO OMITTED TO MAKE USE OF THE POSSIBILITIES OF APPEAL AFFORDED TO THEM BY THE STAFF REGULATIONS AND BY THE TREATY .

3 . A PROVISION ORIGINATING WITH THE COMPETENT AUTHORITY AND TAKEN WITH DUE REGARD TO THE PROCEDURAL AND FORMAL CONDITIONS LAID DOWN BY THE TREATIES CANNOT BE TERMED 'NON-EXISTENT', EVEN IF FOUND BY THE COURT TO HAVE BEEN ILLEGAL .
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1 . COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - TRADE WITHIN THIRD COUNTRIES - SYSTEM TO BE APPLIED

2 . COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - TRADE WITH THIRD COUNTRIES - ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF - COMMON COMMERCIAL POLICY - REQUIREMENTS OF THE CCT AND OF THE COMMON COMMERCIAL POLICY - ASSESSMENT OF THESE REQUIREMENTS - COMMUNITY JURISDICTION

3 . COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - TRADE WITH THIRD COUNTRIES - POWERS OF THE MEMBER STATES - STANDSTILL AS AT 1 JULY 1968

4 . COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - TRADE WITH THIRD COUNTRIES - PROHIBITED CHARGES - EXCLUSIVE JURISDICTION OF THE COMMUNITY

Summary

1 . IN ANSWERING THE QUESTION AS TO THE APPLICATION OF CHARGES HAVING EQUIVALENT EFFECT IN TRADE WITH THIRD COUNTRIES, ACCOUNT MUST BE TAKEN BOTH OF THE REQUIREMENTS RESULTING FROM THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF, AND OF THOSE RESULTING FROM A COMMON COMMERCIAL POLICY, WITHIN THE MEANING OF ARTICLES 110 TO 116 OF THE TREATY, WHICH, ACCORDING TO ARTICLE 3 ( B ) OF THE TREATY, REGULATES TRADE ARRANGEMENTS WITH THIRD COUNTRIES .

2 . THE DEFINITION OF THE UNIFORM PRINCIPLES UPON WHICH THE COMMON COMMERCIAL POLICY IS BASED INVOLVES, AS DOES THE COMMON TARIFF ITSELF, THE ELIMINATION OF NATIONAL DISPARITIES, WHETHER IN THE FIELD OF TAXATION OR OF COMMERCE, AFFECTING TRADE WITH THIRD COUNTRIES .

IT IS FOR THE COMMISSION OR THE COUNCIL TO EVALUATE THESE REQUIREMENTS IN EACH CASE BOTH AS REGARDS THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF AND THE ADOPTION OF THE COMMON COMMERCIAL POLICY .

3 . THE MEMBER STATES MAY NOT, SUBSEQUENT TO THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF, INTRODUCE, IN A UNILATERAL MANNER, NEW CHARGES ON GOODS IMPORTED DIRECTLY FROM THIRD COUNTRIES OR RAISE THE LEVEL OF THOSE IN EXISTENCE AT THAT TIME .

4 . AS REGARDS CHARGES ALREADY IN EXISTENCE, PRIOR EVALUATION BY THE COMMUNITY AUTHORITIES IS NECESSARY IN ORDER TO ESTABLISH THEIR INCOMPATIBILITY WITH THE TREATY AND THE OBLIGATION TO ELIMINATE THEM . IT FOLLOWS THAT SUCH CHARGES MAY ONLY BE CONSIDERED TO BE INCOMPATIBLE WITH COMMUNITY LAW PURSUANT TO PROVISIONS ADOPTED BY THE COMMUNITY .