ddrg/super_eurlex huggingface dataset:
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' OTHER NON-ALCOHOLIC BEVERAGES ' ' WITHIN THE MEANING OF HEADING 22.02 - CONCEPT - DEFINITION - OBJECTIVE AND VERIFIABLE CRITERIA - BASIC INGREDIENTS - NOT RELEVANT

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' OTHER NON-ALCOHOLIC BEVERAGES ' ' WITHIN THE MEANING OF HEADING 22.02 - CONCEPT - TONIC COMPOSED OF BREWER ' S YEAST , WATER AND CITRUS-FRUIT JUICE - INCLUDED

Summary

1 . IN CONFORMITY WITH THE STRUCTURE OF THE COMMON CUSTOMS TARIFF THE EXPRESSION ' ' OTHER NON-ALCOHOLIC BEVERAGES ' ' IN HEADING 22.02 IS TO BE UNDERSTOOD AS BEING A GENERIC CONCEPT EMBRACING ALL LIQUIDS INTENDED FOR HUMAN CONSUMPTION IN SO FAR AS THEY ARE NOT INCLUDED IN ANY OTHER SPECIFIC CLASSIFICATION .

THE SCOPE OF THE CONCEPT MUST BE DETERMINED ON THE BASIS OF CRITERIA WHICH ARE BOTH OBJECTIVE AND VERIFIABLE . IT IS NOT PERMISSIBLE , THEREFORE , TO MAKE ITS SCOPE DEPENDENT ON PURELY SUBJECTIVE , VARIABLE FACTORS SUCH AS THE MANNER IN WHICH THE PRODUCT IS TAKEN OR THE PURPOSE FOR WHICH IT IS CONSUMED .

MOREOVER , THE CLASSIFICATION OF A PRODUCT AS A BEVERAGE WITHIN THE MEANING OF TARIFF HEADING 22.02 CANNOT DEPEND ON THE BASIC INGREDIENTS USED .

' ' BEVERAGES ' ' , WITHIN THE MEANING OF HEADING 22.02 , MUST BE UNDERSTOOD AS SIGNIFYING ANY LIQUID SUITABLE , AND INTENDED , FOR HUMAN CONSUMPTION , REGARDLESS OF THE QUANTITY IN WHICH IT IS ABSORBED OR THE SPECIAL PURPOSES FOR WHICH VARIOUS KINDS OF LIQUIDS MAY BE CONSUMED .

2 . THE CONCEPT OF ' ' OTHER NON-ALCOHOLIC BEVERAGES ' ' IN HEADING 22.02 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS INCLUDING A PRODUCT COMPOSED OF BREWER ' S YEAST , WATER AND 3.9% NATURAL CITRUS-FRUIT JUICE , PUT UP IN LIQUID FORM AND POTABLE , AND INTENDED TO BE TAKEN SEVERAL TIMES DAILY IN SMALL QUANTITIES FOR THE IMPROVEMENT OF HEALTH .
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1 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - INTERESTS OF THE SERVICE - DISCRETION OF THE ADMINISTRATION - MEDICAL BRANCH - DEFINITION OF THE VARIOUS DUTIES - POWERS OF THE ADMINISTRATION - LIMITS - RESPECT FOR DOCTORS ' INDEPENDENCE OF JUDGMENT AND POWERS OF DECISION - APPLICATION TO CONDUCT OF MEDICAL EXAMINATIONS ON RECRUITMENT

2 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - GRADING - DISCRETION OF THE ADMINISTRATION - TAKING INTO ACCOUNT OF CRITERIA OTHER THAN SENIORITY OF OFFICIALS - PERMISSIBILITY

3 . OFFICIALS - POST - ASSIGNMENT OF DUTIES LACKING SUBSTANCE - RIGHT OF OFFICIAL TO REFUSE

Summary

1 . THE FUNCTIONS OF THE MEDICAL BRANCHES OF THE COMMUNITY INSTITUTIONS ARE DETERMINED UNDER THE STAFF REGULATIONS BY THE ADMINISTRATION IN ACCORDANCE WITH THE NEEDS CREATED EITHER BY RECRUITMENT , THE OPERATION OF THE VARIOUS SOCIAL SECURITY SCHEMES , OR THE EXAMINATION OF STAFF AND FA- CILITIES FOR HEALTH PURPOSES . THE ADMINISTRATION HAS THE RIGHT TO DEFINE THE NATURE AND THE SCOPE OF THE VARIOUS MEDICAL TASKS ARISING IN THOSE DIFFERENT AREAS , SAVE ONLY THAT IT MAY NOT IMPAIR THE INDEPENDENCE OF JUDGMENT AND DECISION OF THE DOCTORS WHOM IT EMPLOYS WHEN THEY ARE CARRYING OUT THE DUTIES ASSIGNED TO THEM IN THAT FRAMEWORK AS THUS DEFINED AND WHEN THEY ARE REQUIRED TO CARRY OUT CERTAIN KINDS OF MEDICAL WORK OF A PREVENTIVE OR THERAPEUTIC NATURE ON THEIR OWN RESPONSIBILITY .

THOSE PRINCIPLES ALSO APPLY TO THE PRACTICE OF CONDUCTING MEDICAL EXAMINATIONS OF NEW STAFF . IT IS FOR THE ADMINISTRATION TO DETERMINE THE NATURE AND SCOPE OF THE EXAMINATIONS AND TO GIVE APPROPRIATE INSTRUCTIONS TO THE DOCTORS RESPONSIBLE FOR UNDERTAKING THEM . WITHIN THAT FRAMEWORK DOCTORS ENJOY FREEDOM OF ASSESSMENT IN REGARD TO THEIR MEDICAL FINDINGS AND ASSESSMENT OF THE FITNESS OF CANDIDATES .

2 . THE ADMINISTRATION IS NOT BOUND TO CONSIDER OFFICIALS ' SENIORITY ALONE WHEN ARRANGING ITS INTERNAL ORGANIZATION .

3 . AN OFFICIAL IS ENTITLED TO REFUSE DUTIES WHICH HE MAY RIGHTLY CONSIDER TO BE LACKING IN SUBSTANCE . HE CANNOT THEREFORE BE REPROACHED FOR REFUSING TO COOPERATE IN DEFINING DUTIES THE CONTENT OF WHICH DOES NOT SEEM CLEAR TO HIM AND WHICH ARE FOR THE ADMINISTRATIVE AUTHORITY TO DETERMINE .
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1 . OFFICIALS - ASSIGNMENT - CORRESPONDENCE OF DUTIES TO GRADE AND BASIC POST - RIGHT OF OFFICIAL TO RETAIN SPECIFIC DUTIES - NONE

( STAFF REGULATIONS OF OFFICIALS , ART . 7 )

2 . OFFICIALS - OBLIGATION ON THE ADMINISTRATION TO FACILITATE THE FURTHER TRAINING AND INSTRUCTION OF THE OFFICIAL - IRRELEVANCE TO ASSIGNMENT

( STAFF REGULATIONS OF OFFICIALS , ART . 24 )

3 . PROCEDURE - COSTS - ORDER TO THE SUCCESSFUL PARTY TO PAY COSTS

( RULES OF PROCEDURE , ART . 69 ( 3 ), SECOND SUBPARAGRAPH )

Summary

1 . WHILST IT CANNOT BE DENIED THAT THE ADMINISTRATION HAS EVERY INTEREST IN ASSIGNING ITS OFFICIALS TO POSTS WHICH ACCORD WITH THEIR PARTICULAR APTITUDES AND THEIR PERSONAL PREFERENCE , AN OFFICIAL CANNOT FOR ALL THAT BE RECOGNIZED AS HAVING A RIGHT TO PERFORM OR TO RETAIN SPECIFIC DUTIES , OR TO REFUSE ANY OTHER DUTIES PERTAINING TO HIS BASIC POST . THE ONLY RIGHT GUARANTEED TO OFFICIALS BY THE STAFF REGULATIONS IS TO HAVE DUTIES ASSIGNED TO THEM WHICH CORRESPOND TO THEIR GRADE AND BASIC POST .

2 . ARTICLE 24 OF THE STAFF REGULATIONS , WHICH IMPOSES AN OBLIGATION UPON THE INSTITUTION TO FACILITATE THE FURTHER TRAINING AND INSTRUCTION OF OFFICIALS TO A DEGREE WHICH IS COMPATIBLE WITH THE REQUIREMENTS OF THE EFFICIENT FUNCTIONING OF THE DEPARTMENTS , DOES NOT CONCERN THEIR ASSIGNMENT AND MAY NOT THEREFORE BE RELIED UPON BY AN OFFICIAL IN SUPPORT OF HIS RETAINING HIS PREVIOUS ASSIGNMENTS .

3 . IT IS PROPER TO APPLY THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE , PURSUANT TO WHICH THE COURT MAY ORDER EVEN A SUCCESSFUL PARTY TO PAY COSTS WHICH THE COURT CONSIDERS THAT PARTY BY ITS CONDUCT TO HAVE CAUSED THE OPPOSITE PARTY TO INCUR , TO AN INSTITUTION WHICH HAS LED AN OFFICIAL TO BRING AN APPLICATION BY ITSELF BRINGING ABOUT AN ABNORMAL SITUATION AND AROUSING IN THE APPLICANT EXPECTATIONS WHICH ARE UNDERSTANDABLE BUT UNJUSTIFIED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUNDS - ' ' SORGHUM FLAKES ' ' - MEANING

( REGULATION NO 141/64 OF THE COUNCIL , ART . 5 ( 1 ) B ( B ))

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' FLAKES ' ' WITHIN THE MEANING OF HEADING 11.02 AS REFERRED TO IN AGRICULTURAL REGULATIONS - MEANING - INTERPRETATION - USE OF THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE

Summary

1 . ARTICLE 5 ( 1 ) B ( B ) OF REGULATION NO 141/64 IS TO BE INTERPRETED AS MEANING THAT SORGHUM FLAKES ARE PRODUCED FROM HULLED SORGHUM GRAIN . THE GRAIN IS ' ' HULLED ' ' WHEN PART OR THE WHOLE OF THE PERICARP IS REMOVED SO THAT IN MOST CASES THE FLOURY KERNEL BECOMES PARTIALLY VISIBLE ON THE OUTSIDE OF THE GRAIN .

2 . IT IS PERMISSIBLE FOR THE NATIONAL COURT TO USE AS AN AID TO INTERPRETING THE TERM ' ' FLAKES ' ' WITHIN THE MEANING OF ARTICLE 5 ( 1 ) B ( B ) OF REGULATION NO 141/64 IN RELATION TO TRANSACTIONS CARRIED OUT IN 1965 , THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE .

THE FACT THAT THE TERM WAS INTERPRETED BY THE COURT OF JUSTICE AFTER THE EVENTS IN QUESTION DOES NOT JUSTIFY THE INFERENCE THAT THE SAME TERM MIGHT PREVIOUSLY HAVE HAD A DIFFERENT MEANING .
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1 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - EXAMINATION OF APPLICATIONS WITH REGARD TO THE CONDITIONS LAID DOWN - DISCRETION OF APPOINTING AUTHORITY - REVIEW BY THE COURT - LIMITS

2 . OFFICIALS - PROMOTION - OBJECTION - DECISION REJECTING COMPLAINT THROUGH OFFICIAL CHANNELS - DUTY TO STATE REASONS - EXTENT

( STAFF REGULATIONS OF OFFICIALS , ARTS 45 AND 90 ( 2 ))

3 . OFFICIALS - RECRUITMENT - APPOINTMENT - CANDIDATES WITH EQUAL QUALIFICATIONS - CHOICE BASED ON INTERESTS OF SERVICE - MISUSE OF POWERS - NONE

4 . OFFICIALS - PROMOTION - COMPARATIVE ASSESSMENT OF MERITS - ABSENCE OF PERIODIC REPORT ATTRIBUTABLE TO THE CONDUCT OF THE PERSON CONCERNED - EFFECTS

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

Summary

1 . THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN COMPARING CANDIDATES ' MERITS AND ITS ASSESSMENT AS TO WHETHER A CANDIDATE FULFILS THE CONDITIONS OF ELIGIBILITY REQUIRED BY THE VACANCY NOTICE MAY BE QUESTIONED ONLY IN THE EVENT OF MANIFEST ERROR .

2 . WHILST THE DUTY TO GIVE REASONS FOR A DECISION REJECTING A COMPLAINT THROUGH OFFICIAL CHANNELS APPLIES EVEN IN THE CASE OF A CONTESTED PROMOTION , THE REASONS TO BE GIVEN IN THAT CASE WILL BE CONCERNED ONLY WITH FULFILMENT OF THE LEGAL CONDITIONS ON WHICH , UNDER THE STAFF REGULATIONS , THE VALIDITY OF THE PROMOTION DEPENDS . THAT DOES NOT MEAN THAT THE COMMISSION MUST SET OUT IN DETAIL IN WHAT WAY IT CONSIDERED THAT THE APPOINTED CANDIDATE FULFILLED THE CONDITIONS IN THE VACANCY NOTICE .

3 . WHEN A CANDIDATE FULFILS ALL THE CONDITIONS IN THE VACANCY NOTICE , THE APPOINTING AUTHORITY MAY APPOINT HIM RATHER THAN ANOTHER EQUALLY WELL- QUALIFIED CANDIDATE FOR REASONS RELATING TO THE INTEREST OF THE SERVICE , WITHOUT THAT APPOINTMENT ' S CONSTITUTING A MISUSE OF POWERS .

4 . PERIODIC REPORTS CONSTITUTE ESSENTIAL FACTORS FOR ALL DECISIONS CONCERNING AN OFFICIAL ' S CAREER . HOWEVER , A CANDIDATE FOR A VACANT POST WHOSE BEHAVIOUR SHOWS THAT HE HIMSELF DID NOT CONSIDER THE PRESENCE OF HIS PERIODIC REPORT IN HIS FILE TO BE NECESSARY FOR THE ASSESSMENT OF HIS QUALITIES FOR THE PURPOSES OF THE POST TO BE FILLED , MAY NOT RELY ON THE ABSENCE OF THAT REPORT IN ORDER TO CONTEST THE REGULARITY OF THE PROMOTION PROCEDURE .
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1 . OFFICIALS - APPLICATION TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - LATE RECEIPT OF AN UNREGISTERED LETTER BY THE OFFICIAL TO WHOM IT IS ADDRESSED - ONUS OF PROOF OF THE DELAY

( STAFF REGULATIONS OF OFFICIALS , ART . 90 ( 2 ))

2 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - DUTY TO STATE GROUNDS ON WHICH BASED - REMEDYING FAILURE TO STATE GROUNDS DURING PROCEDURE BEFORE THE COURT - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

3 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - REFUSAL TO ADMIT TO COMPETITION - DUTY TO STATE GROUNDS ON WHICH BASED - SCOPE - COMPETITION WITH MANY ENTRANTS

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

Summary

1 . AN OFFICIAL TO WHOM AN UNREGISTERED LETTER HAS BEEN SENT BY THE ADMINISTRATION IS NOT REQUIRED TO SHOW THE REASONS FOR ANY DELAY IN ITS DELIVERY .

2 . THE REQUIREMENT THAT A DECISION ADVERSELY AFFECTING A PERSON SHOULD STATE THE REASONS ON WHICH IT IS BASED IS INTENDED TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH DETAILS SUFFICIENT TO ALLOW HIM TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY AN ERROR WHICH WILL ALLOW ITS LEGALITY TO BE CONTESTED . IT FOLLOWS THAT THE STATEMENT OF REASONS MUST IN PRINCIPLE BE NOTIFIED TO THE PERSON CONCERNED AT THE SAME TIME AS THE DECISION ADVERSELY AFFECTING HIM AND THAT A FAILURE TO STATE THE REASONS CANNOT BE REMEDIED BY THE FACT THAT THE PERSON CONCERNED LEARNS THE REASONS FOR THE DECISION DURING THE PROCEEDINGS BEFORE THE COURT .

3 . THE SECRECY OF THE PROCEEDINGS OF THE SELECTION BOARD CANNOT ABSOLVE A SELECTION BOARD FOR A COMPETITION FROM ITS OBLIGATION TO INFORM A CANDIDATE WHO IS REJECTED AT THE STAGE OF THE SELECTION ON THE BASIS OF QUALIFICATIONS OF THE REASONS FOR THAT DECISION , AT LEAST IN SUMMARIZED FORM . THAT REQUIREMENT TO GIVE A STATEMENT OF REASONS MUST HOWEVER BE EVALUATED HAVING REGARD TO THE DIFFERENT LEVELS AND TYPES OF COMPETITION AND , MORE PARTICULARLY , TO THE NUMBER OF CANDIDATES COMPETING IN EACH OF THEM . IN THE CASE OF COMPETITIONS WHERE THE CANDIDATES ARE MORE NUMEROUS , THE STATEMENT OF THE REASONS FOR THE REJECTION OF APPLICATIONS MUST NOT BE SO VOLUMINOUS AS TO PLACE AN INTOLERABLE BURDEN ON THE PROCEEDINGS OF THE SELECTION BOARDS AND THE WORK OF THE PERSONNEL ADMINISTRATION .

IN ORDER TO MAKE ALLOWANCE FOR THE PRACTICAL DIFFICULTIES CONFRONTING A SELECTION BOARD FOR A COMPETITION FOR WHICH THERE IS A VERY LARGE NUMBER OF APPLICATIONS , IT MAY BE ACCEPTED THAT THE SELECTION BOARD MAY INITIALLY SEND TO CANDIDATES MERELY INFORMATION ON THE CRITERIA FOR SELECTION AND THE RESULT THEREOF AND NOT GIVE INDIVIDUAL EXPLANATIONS UNTIL LATER AND TO THOSE CANDIDATES WHO EXPRESSLY REQUEST THEM , ON CONDITION , HOWEVER , THAT THOSE INDIVIDUAL DETAILS ARE SENT BY THE SELECTION BOARD BEFORE THE EXPIRY OF THE PERIOD LAID DOWN BY ARTICLES 90 AND 91 OF THE STAFF REGULATIONS , SO THAT THE RECIPIENTS MAY , IF THEY THINK FIT , AVAIL THEMSELVES OF THEIR RIGHTS .
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1 . OFFICIALS - ACTION - INTEREST IN TAKING ACTION - ACTION FOR ANNULMENT DIRECTED AGAINST BOTH THE DECISION REJECTING THE COMPLAINT AND THE MEASURE ADVERSELY AFFECTING THE APPLICANT - ADMISSIBILITY

( STAFF REGULATIONS , ARTS 90 AND 91 )

2.OFFICIALS - REMUNERATION - NEW METHOD OF ADJUSTMENT - INCORPORATION OF WEIGHTINGS IN THE SALARY SCALES - RECTIFICATION OF DISTORTIONS RESULTING FROM SUCH INCORPORATION - COUNCIL REGULATION NO 160/80 - OBJECTION OF ILLEGALITY - DISMISSAL
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FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - EXTERNAL COMMUNITY TRANSIT - T 1 DOCUMENT - DISCHARGE AT THE OFFICE OF DEPARTURE - NON-DISCHARGE - RELEASE OF GUARANTOR - CONDITIONS

( REGULATION NO 542/69 OF THE COUNCIL , ART . 35 , AS AMENDED BY REGULATION NO 1079/71 , ART . 1 )

Summary

ARTICLE 35 OF REGULATION NO 542/69 OF THE COUNCIL OF 18 MARCH 1969 ON COMMUNITY TRANSIT , AS SUPPLEMENTED BY ARTICLE 1 OF REGULATION NO 1079/71 OF 25 MAY 1971 , MUST BE INTERPRETED AS MEANING THAT , UNLESS THE GUARANTOR HAS BEEN NOTIFIED BY THE CUSTOMS AUTHORITIES OF THE NON-DISCHARGE OF THE T 1 DECLARATION WITHIN THE PERIOD OF TWELVE MONTHS FROM THE DATE OF ITS REGISTRATION , THE GUARANTOR IS THEN , IN THE ABSENCE OF ANY FRAUD OF WHICH HE MAY BE GUILTY , IN ANY EVENT RELEASED FROM HIS OBLIGATIONS .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - BENEFITS - ALTERATION - RECALCULATION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 51 )

Summary

A RECALCULATION IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 46 OF REGULATION NO 1408/71 IS NECESSARY IN RESPECT OF ANY ALTERATION IN BENEFITS PAID BY A MEMBER STATE , SAVE WHERE ANY SUCH ALTERATION IS DUE TO ONE OF THE ' ' REASONS FOR ADJUSTMENT ' ' PROVIDED FOR IN ARTICLE 51 OF REGULATION NO 1408/71 , WHICH DO NOT INCLUDE SUPERVENING CHANGES IN THE PERSONAL CIRCUMSTANCES OF THE INSURED .
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TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAXES - COMMON SYSTEM OF VALUE ADDED TAX - TAXABLE PERSON - CONCEPT - PERSON PROVIDING SERVICES FREE OF CHARGE - EXCLUDED

( COUNCIL DIRECTIVE 67/228 , ART . 4 )

Summary

A PERSON WHO HABITUALLY PROVIDES SERVICES FOR TRADERS , FREE OF CHARGE IN ALL CASES , CANNOT BE REGARDED AS A TAXABLE PERSON WITHIN THE MEANING OF ARTICLE 4 OF THE SECOND DIRECTIVE ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES CONCERNING TURNOVER TAXES .
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OFFICIALS - SOCIAL SECURITY - SICKNESS AND ACCIDENT INSURANCE - SUBROGATION OF THE COMMUNITIES - PREVENTION OF DOUBLE COMPENSATION FOR SAME DAMAGE

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

Summary

SINCE THE PURPOSE OF THE RIGHT OF SUBROGATION ENJOYED BY THE COMMUNITIES UNDER THE RULES OF THE INSURANCE OF OFFICIALS AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE IS TO PREVENT AN OFFICIAL FROM BEING COMPENSATED TWICE IN RESPECT OF THE SAME DAMAGE , THE INSTITUTION IS ENTITLED TO APPLY THE RULE OF SUBROGATION ONLY TO THE EXTENT TO WICH THE ALLOWANCE AWARDED BY IT RELATES TO THE SAME DAMAGE AS THE COMPENSATION OBTAINED FROM THE THIRD PARTY .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' ESSENTIAL OILS AND RESINOIDS ' ' WITHIN THE MEANING OF HEADING 33.01 - CONCEPT - GINGEROL - EXCLUSION

Summary

' ' ESSENTIAL OILS AND RESINOIDS ' ' OF PRODUCTS WHICH CONTAIN , IN ADDITION TO ODORIFEROUS SUBSTANCES , A FAR HIGHER PROPORTION OF OTHER PLANT SUBSTANCES , SUCH AS CHLOROPHYLL , TANNINS , BITTER PRINCIPLES OR OTHER FLAVOURING SUBSTANCES , CARBOHYDRATES AND OTHER EXTRACTIVE MATTER WHICH HELP TO DETERMINE THE TYPICAL CHARACTER OF THE PRODUCT , DO NOT FALL WITHIN HEADING 33.01 OF THE COMMON CUSTOMS TARIFF . IN PARTICULAR , A PRODUCT SUCH AS GINGEROL IS NOT AMONG THE ODORIFEROUS SUBSTANCES WHICH FALL WITHIN THE SAID TARIFF HEADING , SINCE ITS ESSENTIAL CHARACTERISTICS ARE DETERMINED LARGELY BY TASTE AND NOT BY SMELL .
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OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS FOR ADMISSION - EXTENSION OF THE AGE-LIMIT FOR EXISTING EMPLOYEES - EMPLOYMENT - CONCEPT - EMPLOYEES OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING - NATURE AND FUNCTIONS OF THE CENTRE - EMPLOYEES OF THE CENTRE ARE EMPLOYEES OF THE EUROPEAN COMMUNITIES

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 1 ( 1 ); COUNCIL REGULATIONS NOS 337/75 AND 1859/76 )

Summary

THE EXPRESSION ' ' SERVANTS ' ' APPEARING IN ARTICLE 1 ( 1 ) OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS MUST , FOR THE PURPOSES OF THAT PROVISION , BE CONSTRUED AS INCLUDING ALL EMPLOYEES OF THE EUROPEAN COMMUNITIES .

IN VIEW OF THE NATURE AND FUNCTIONS OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING AND COUNCIL REGULATIONS NOS 337/75 AND 1859/76 , RESPECTIVELY ESTABLISHING THE CENTRE AND LAYING DOWN THE CONDITIONS OF EMPLOYMENT APPLICABLE TO ITS STAFF , WHICH MAKE APPLICABLE TO THE CENTRE THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES AND WHICH ASSIGN ANY DISPUTES BETWEEN THE CENTRE AND ITS EMPLOYEES TO THE COURT OF JUSTICE , IT MUST BE CONCLUDED THAT THE STAFF OF THE CENTRE ARE EMPLOYED BY THE EUROPEAN COMMUNITIES .
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TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAX - COMMON SYSTEM OF VALUE-ADDED TAX - EXEMPTIONS PROVIDED FOR IN THE SIXTH DIRECTIVE - EXEMPTION FOR CREDIT NEGOTIATION TRANSACTIONS - POSSIBILITY OF INDIVIDUALS ' RELYING ON THE APPROPRIATE PROVISION IN THE EVENT OF THE DIRECTIVE ' S NOT BEING IMPLEMENTED - CONDITIONS ( COUNCIL DIRECTIVE 77/388 , ART . 13 B ( D ) 1 .)

Summary

AS FROM 1 JANUARY 1979 IT WAS POSSIBLE FOR THE PROVISION CONCERNING THE EXEMPTION FROM TURNOVER TAX OF TRANSACTIONS CONSISTING OF THE NEGOTIATION OF CREDIT CONTAINED IN ARTICLE 13 B ( D ) 1 . OF DIRECTIVE 77/388 TO BE RELIED UPON , IN THE ABSENCE OF THE IMPLEMENTATION OF THAT DIRECTIVE , BY A CREDIT NEGOTIATOR WHERE HE HAD REFRAINED FROM PASSING THAT TAX ON TO PERSONS FOLLOWING HIM IN THE CHAIN OF SUPPLY AND THE STATE COULD NOT CLAIM , AS AGAINST HIM , THAT IT HAD FAILED TO IMPLEMENT THE DIRECTIVE .
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1 . OFFICIALS - APPLICATION TO THE COURT - MEASURE ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - ADOPTION OF NEW CLASSIFICATION CRITERIA FOR NEW EMPLOYEES - EQUALITY OF TREATMENT FOR EXISTING OFFICIALS - INFRINGEMENT - NEW DEVELOPMENT

( STAFF REGULATIONS , ARTS . 90 AND 91 )

2 . OFFICIALS - AWARD OF STEP - ADOPTION OF NEW CLASSIFICATION CRITERIA FOR OFFICIALS RECRUITED FROM OUTSIDE THE COMMUNITIES - EQUALITY OF TREATMENT FOR EXISTING OFFICIALS RECRUITED BY WAY OF TRANSFER - INFRINGEMENT - DIVERSITY OF RECRUITMENT METHODS DOES NOT JUSTIFY UNEQUAL TREATMENT

( STAFF REGULATION , ARTS . 5 ( 3 ) AND 46 )

Summary

1 . THE IMPLEMENTATION OF A GENERAL DECISION BASED ON NEW CRITERIA FOR THE CLASSIFICATION OF NEW STAFF RECRUITED TO THE DEPARTMENT , WHICH ENTAILS INEQUALITIES OF TREATMENT FOR OFFICIALS OPPOINTED AT AN EARLIER STAGE , ENTITLES THOSE OFFICIALS TO CALL FOR A REVIEW OF THEIR ADMINISTRATIVE STATUS WITH A VIEW TO THEIR OBTAINING AN APPROPRIATE ALTERATION OF THEIR CLASSIFICATION ON THE GROUND THAT THE EMERGENCE OF THAT NEW DEVELOPMENT IS SUCH AS TO AFFECT THEM ADVERSELY .

2 . ARTICLE 5 ( 3 ) OF THE STAFF REGULATIONS , EXPRESSING AS IT DOES THE PRINCIPLE OF EQUALITY OF TREATMENT AS BETWEEN OFFICIALS OF THE SAME CATEGORY OR IN THE SAME DEPARTMENT , IS OF CENTRAL IMPORTANCE TO THE LEGAL PROVISIONS GOVERNING EMPLOYEES OF THE EUROPEAN COMMUNITIES . THAT PRINCIPLE UNDERLIES THE STAFF REGULATIONS , AND IN PARTICULAR ARTICLE 46 , WHICH APPLIES TO THE AWARD OF A HIGHER STEP UPON PROMOTION IN CASES WHERE CAREERS ARE ORGANIZED IN A CONSISTENT MANNER FROM THE OUTSET . IN A CASE WHERE A COMMUNITY INSTITUTION HAS PRESCRIBED FOR THE NEW OFFICIALS RECRUITED FROM OUTSIDE THE COMMUNITIES INDEPENDENT RULES FOR CLASSIFICATION WHICH DO NOT EXIST IN THAT FORM IN OTHER COMMUNITY INSTITUTIONS , WITH THE RESULT THAT THE CAREERS OF THE NEW OFFICIALS , ON THE ONE HAND , AND OF THOSE TRANSFERRED FROM OTHER INSTITUTIONS , ON THE OTHER , ARE NOT ORGANIZED IN A CONSISTENT MANNER , IT IS NOT ENTITLED , TO RELY , IN THE CASE OF OFFICIALS TRANSFERRED FROM OTHER INSTITUTIONS , UPON ARTICLE 46 OF THE STAFF REGULATIONS IN ORDER TO JUSTIFY THE ALLEGED DIFFERENCE BETWEEN THEIR STATUS AND THAT OF THE NEWLY-RECRUITED OFFICIALS FROM OUTSIDE THE COMMUNITIES .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' REFRACTORY COMPOSITIONS ' ' WITHIN THE MEANING OF SUBHEADING 38.19 K - CRITERIA - MINIMUM PYROSCOPIC RESISTANCE OF 1 500 OC

Summary

SUBHEADING 38.19 K OF THE 1979 COMMON CUSTOMS TARIFF IS TO BE INTERPRETED AS MEANING THAT ONLY PRODUCTS HAVING A PYROSCOPIC RESISTANCE OF AT LEAST 1 500 DEGREES CENTIGRADE MAY BE CLASSIFIED AMONGST THE ' ' REFRACTORY COMPOSITIONS ' ' MENTIONED IN THAT SUBHEADING .