ddrg/super_eurlex huggingface dataset:
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1 . PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - COMMUNITY RULES - SCOPE

( RULES OF PROCEDURE , ART . 80 ( 1 ))

2.COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT

3.PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - BARRING OF ACTIONS - CASE OF FORCE MAJEURE - CONCEPT - LIMITS

( STATUTE OF THE COURT OF JUSTICE OF THE ECSC , ART . 39 , FIRST AND THIRD PARAS .)

Summary

1 . TIME-LIMITS FOR INSTITUTING PROCEEDINGS BEFORE THE COURT ARE GOVERNED EXCLUSIVELY BY COMMUNITY LAW AND CONSEQUENTLY ARE NOT SUBJECT TO THE NATIONAL RULES OF THE MEMBER STATES REGARDING IN PARTICULAR THE SUSPENSION OF TIME-LIMITS FOR INSTITUTING PROCEEDINGS BEFORE THEIR OWN COURTS DURING THE JUDICIAL VACATION .

2.APART FROM THE SPECIAL FEATURES OF THE SPECIFIC AREAS IN WHICH IT IS USED , THE CONCEPT OF FORCE MAJEURE ESSENTIALLY COVERS UNUSUAL CIRCUMSTANCES WHICH MAKE IT IMPOSSIBLE FOR THE RELEVANT ACTION TO BE CARRIED OUT . EVEN THOUGH IT DOES NOT PRESUPPOSE ABSOLUTE IMPOSSIBILITY , IT NEVERTHELESS REQUIRES ABNORMAL DIFFICULTIES , INDEPENDENT OF THE WILL OF THE PERSON CONCERNED AND APPARENTLY INEVITABLE , EVEN IF ALL DUE CARE IS TAKEN .

3.THE CONCEPT OF FORCE MAJEURE DOES NOT APPLY TO A SITUATION IN WHICH , OBJECTIVELY , A DILIGENT AND PRUDENT PERSON WOULD HAVE BEEN ABLE TO TAKE THE NECESSARY STEPS BEFORE THE EXPIRY OF THE PERIOD PRESCRIBED FOR INSTITUTING PROCEEDINGS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - CALCULATION OF BENEFITS - DETERMINATION OF THE THEORETICAL AMOUNT - AMOUNT OF BENEFITS INDEPENDENT OF THE LENGTH OF THE INSURANCE PERIODS - ARTICLE 47 ( 1 ) OF REGULATION NO 1408/71 NOT APPLICABLE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 47 ( 1 ))

Summary

THE CONTINGENCIES REFERRED TO IN ARTICLE 47 ( 1 ) OF REGULATION NO 1408/71 DO NOT COVER THE CASE OF A SCHEME OF INVALIDITY BENEFITS UNDER WHICH THE AMOUNT OF BENEFIT DOES NOT DEPEND ON THE LENGTH OF THE INSURANCE PERIODS AND WHICH , FOR THE CALCULATION OF THE LOSS OF EARNINGS , IS BASED PRIMARILY ON THE WAGE RECEIVED IN THE OCCUPATION USUALLY CARRIED ON BY THE PERSON CONCERNED , AND FOR THAT PURPOSE TAKES ACCOUNT EITHER OF THE FIXED SALARY LAST RECEIVED BY THE PERSON CONCERNED IN THAT OCCUPATION BEFORE HE BECAME INCAPACITATED FOR WORK , OR OF THE AVERAGE WAGE RECEIVED BY HIM OVER A CERTAIN NUMBER OF DAYS ( WHICH MUST NOT FALL MORE THAN TWO YEARS BEFORE HE BECAME INCAPACITATED FOR WORK ).
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1 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - OBJECTS OF SCIENTIFIC VALUE - COMMISSION DECISION REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES - REVIEW BY THE COURT - LIMITS

( COMMISSION REGULATION NO 2784/79 , ART . 7 ( 6 ))

2 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - OBJECTS OF SCIENTIFIC VALUE - WHETHER THE IMPORTED PRODUCT AND OTHER INSTRUMENTS MADE IN THE COMMUNITY ARE EQUIVALENT - ASSESSMENT - CRITERIA

( COUNCIL REGULATION NO 1798/75 , ART . 3 ( 3 ), AS AMENDED BY REGULATION NO 1027/79 )

3 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - SCOPE AND LIMITS - COMMISSION DECISION REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES

( EEC TREATY , ART . 190 )

Summary

1 . IN AN AREA AS TECHNICAL AS THAT OF THE EQUIVALENCE OF A SCIENTIFIC APPARATUS MADE IN THE COMMUNITY AND AN IMPORTED APPARATUS THE COURT CANNOT , SAVE IN THE EVENT OF MANIFEST ERROR OF FACT OR LAW OR MISUSE OF POWER , FIND FAULT WITH THE CONTENTS OF A DECISION ADOPTED BY THE COMMISSION UNDER ARTICLE 7 ( 6 ) OF REGULATION NO 2784/79 IN CONFORMITY WITH THE OPINION OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS , REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES .

2.FOR THE PURPOSE OF THE IMPORTATION FREE OF CUSTOMS DUTIES OF A SCIENTIFIC APPARATUS THE QUESTION WHETHER THE APPARATUS IN QUESTION AND SIMILAR APPARATUS MADE IN THE COMMUNITY ARE EQUIVALENT MUST NOT BE DECIDED SOLELY ON THE BASIS OF THE TECHNICAL SPECIFICATIONS WHICH THE USER DESCRIBED IN HIS APPLICATION AS BEING NECESSARY FOR HIS RESEARCH BUT PRIMARILY ON THE BASIS OF AN OBJECTIVE ASSESSMENT OF THEIR CAPACITY TO CARRY OUT THE EXPERIMENTS FOR WHICH THE USER INTENDED TO USE THE IMPORTED APPARATUS .

3.ALTHOUGH IT IS TRUE THAT THE STATEMENT OF GROUNDS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE GROUNDS FOR A DECISION MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .

HOWEVER LACONIC ITS STATEMENT OF REASONS MAY BE , A COMMISSION DECISION REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES THEREFORE SATISFIES THE REQUIREMENTS LAID DOWN BY ARTICLE 190 OF THE TREATY IF IT IS ADDRESSED TO THE MEMBER STATES WHICH TOOK PART IN THE MEETINGS OF THE GROUP OF EXPERTS WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND CONTAINS ELEMENTS WHICH ARE INDISPENSABLE FOR THE PURPOSE OF ENABLING THOSE CONCERNED BY IT TO DISCOVER ANY IRREGULARITIES WHICH MAY CAST DOUBT ON ITS VALIDITY .
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COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - TRADE MARK LAW - DELIMITATION AGREEMENTS IN RESPECT OF SIMILAR TRADE MARKS - PERMISSIBLE IN PRINCIPLE - APPLICATION OF ARTICLE 85 OF THE TREATY - CRITERIA - RESTRICTIONS ON COMPETITION

( EEC TREATY , ART . 85 )

Summary

EVEN THOUGH IT MUST BE RECOGNIZED THAT AGREEMENTS KNOWN AS ' DELIMITATION AGREEMENTS ' ARE LAWFUL AND USEFUL WHERE THEY SERVE TO DELIMIT , IN THE MUTUAL INTEREST OF THE PARTIES , THE SPHERES WITHIN WHICH THEIR RESPECTIVE TRADE MARKS MAY BE USED , AND ARE INTENDED TO AVOID CONFUSION OR CONFLICT BETWEEN THEM , THEY ARE NOT EXCLUDED FROM THE APPLICATION OF ARTICLE 85 OF THE TREATY IF THEY ALSO HAVE THE AIM OF DIVIDING UP THE MARKET OR RESTRICTING COMPETITION IN OTHER WAYS . THE COMMUNITY SYSTEM OF COMPETITION DOES NOT ALLOW THE IMPROPER USE OF RIGHTS UNDER ANY NATIONAL TRADE MARK LAW IN ORDER TO FRUSTRATE THE COMMUNITY ' S LAW ON CARTELS .
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FISCAL LEGISLATION - INTERNAL TAXATION - NATIONAL SPIRITS MONOPOLY - DE FACTO REDUCTION IN SELLING PRICE - COMPATIBILITY WITH THE EEC TREATY AND THE AGREEMENTS BETWEEN THE EEC AND SPAIN AND BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC - CONDITIONS

( EEC TREATY , ART . 37 AND ART . 95 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 29 JUNE 1970 , ART . 3 ; AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC OF 22 JULY 1972 , ART . 21 )

Summary

ARTICLES 95 AND 37 OF THE EEC TREATY , ARTICLE 21 OF THE AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC AND ARTICLE 3 OF THE AGREEMENT BETWEEN THE EEC AND SPAIN MUST BE INTERPRETED AS NOT PRECLUDING THE DE FACTO REDUCTION MADE IN THE SELLING PRICE OF SPIRIT SOLD BY THE FEDERAL MONOPOLY ADMINISTRATION IN A GIVEN PERIOD PROVIDED THAT THE RATE OF TAXATION ACTUALLY APPLIED TO IMPORTED PRODUCTS DURING THAT PERIOD DID NOT EXCEED THE RATE OF TAXATION ACTUALLY LEVIED ON CORRESPONDING DOMESTIC PRODUCTS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATERIAL SCOPE - BENEFITS COVERED AND BENEFITS EXCLUDED - DISTINGUISHING CRITERIA - SOCIAL BENEFIT GUARANTEEING A MINIMUM MEANS OF SUBSISTENCE - EXCLUDED

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 4 ( 1 ))

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - CONCEPT - SOCIAL BENEFIT GUARANTEEING A MINIMUM MEANS OF SUBSISTENCE - GRANT TO NATIONALS OF OTHER MEMBER STATES - REQUIREMENT OF CERTAIN PERIOD OF RESIDENCE - NOT PERMISSIBLE

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT , AND NOT ON WHETHER THE NATIONAL LEGISLATION DESCRIBES THE BENEFIT AS A SOCIAL SECURITY BENEFIT OR NOT . IN ORDER TO FALL WITHIN THE FIELD OF SOCIAL SECURITY COVERED BY REGULATION NO 1408/71 LEGISLATION MUST IN ANY EVENT SATISFY , IN PARTICULAR , THE CONDITION OF COVERING ONE OF THE RISKS SPECIFIED IN ARTICLE 4 ( 1 ) OF THE REGULATION . IT FOLLOWS THAT THE LIST OF RISKS CONTAINED IN THAT PARAGRAPH IS EXHAUSTIVE AND THAT AS A RESULT A BRANCH OF SOCIAL SECURITY NOT MENTIONED IN THE LIST DOES NOT FALL WITHIN THAT CATEGORY EVEN IF IT CONFERS UPON INDIVIDUALS A LEGALLY DEFINED POSITION ENTITLING THEM TO BENEFITS .

A SOCIAL BENEFIT GUARANTEEING A MINIMUM MEANS OF SUBSISTENCE IN A GENERAL MANNER CANNOT BE CLASSIFIED UNDER ONE OF THE BRANCHES OF SOCIAL SECURITY LISTED IN ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 AND THEREFORE DOES NOT CONSTITUTE A SOCIAL SECURITY BENEFIT WITHIN THE SPECIFIC MEANING OF THAT REGULATION .

2 . THE CONCEPT OF SOCIAL ADVANTAGES WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 INCLUDES ALL THOSE ADVANTAGES WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .

A SOCIAL BENEFIT GUARANTEEING A MINIMUM MEANS OF SUBSISTENCE IN A GENERAL MANNER CONSTITUTES A SOCIAL ADVANTAGE WITHIN THE MEANING OF REGULATION NO 1612/68 . ARTICLE 7 ( 2 ) OF THAT REGULATION MUST BE INTERPRETED AS MEANING THAT THE GRANT OF SUCH A SOCIAL ADVANTAGE MAY NOT BE MADE SUBJECT TO THE REQUIREMENT THAT THE CLAIMANT SHOULD HAVE ACTUALLY RESIDED WITHIN THE TERRITORY OF A MEMBER STATE FOR A PRESCRIBED PERIOD WHERE THAT REQUIREMENT IS NOT IMPOSED ON NATIONALS OF THAT MEMBER STATE .
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SOCIAL POLICY - APPROXIMATION OF LAWS - COLLECTIVE REDUNDANCIES - DIRECTIVE NO 75/129 - TERMINATION BY WORKERS OF THEIR CONTRACT OF EMPLOYMENT - CANNOT BE TREATED AS DISMISSAL BY THE EMPLOYER - NO OBLIGATION UPON EMPLOYER TO CONTEMPLATE COLLECTIVE REDUNDANCIES IN THE EVENT OF FINANCIAL DIFFICULTIES

( COUNCIL DIRECTIVE NO 75/129 )

Summary

1 . THE TERMINATION BY WORKERS OF THEIR CONTRACT OF EMPLOYMENT FOLLOWING AN ANNOUNCEMENT BY THE EMPLOYER THAT HE IS SUSPENDING PAYMENT OF HIS DEBTS CANNOT BE TREATED AS DISMISSAL BY THE EMPLOYER FOR THE PURPOSES OF COUNCIL DIRECTIVE NO 75/129 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COLLECTIVE REDUNDANCIES .

2 . COUNCIL DIRECTIVE NO 75/129 APPLIES ONLY WHERE THE EMPLOYER HAS IN FACT CONTEMPLATED COLLECTIVE REDUNDANCIES OR HAS DRAWN UP A PLAN FOR COLLECTIVE REDUNDANCIES . IT DOES NOT APPLY WHERE , BECAUSE OF THE FINANCIAL STATE OF THE UNDERTAKING , THE EMPLOYER OUGHT TO HAVE CONTEMPLATED COLLECTIVE REDUNDANCIES BUT DID NOT DO SO .
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1 . OFFICIALS - ACTIONS - TIME-LIMIT - COLLECTIVE NATURE OF THE ACTION - NO EFFECT

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 3 ))

2 . OFFICIALS - ACTIONS - MEASURE ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - SALARY STATEMENT APPLYING THE RULES IN FORCE CONCERNING REMUNERATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

3 . OFFICIALS - ACTIONS - PURPOSE - ANNULMENT AND/OR DAMAGES

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . THE QUESTION WHETHER A COLLECTIVE APPLICATION HAS BEEN FILED WITHIN THE PERIOD PRESCRIBED BY ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS OF OFFICIALS , AND IS IN THAT RESPECT ADMISSIBLE , IS CONSIDERED IN RELATION TO EACH OF THE APPLICANTS VIEWED INDIVIDUALLY .

2 . A SALARY STATEMENT DRAWN UP BY AN INSTITUTION AND ISSUED TO AN OFFICIAL MAY CONSTITUTE A MEASURE ADVERSELY AFFECTING AN OFFICIAL AND MAY BE THE SUBJECT OF A COMPLAINT AND , IF NECESSARY , AN ACTION ; THE FACT THAT THE INSTITUTION CONCERNED IS ONLY APPLYING THE REGULATIONS IN FORCE CONCERNING REMUNERATION IS IRRELEVANT IN THAT RESPECT .

3 . ANY DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS EMPLOYED IS PURSUED , WHERE IT ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION , UNDER ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS . IT FOLLOWS THAT BOTH A CLAIM FOR ANNULMENT AND A CLAIM FOR DAMAGES MAY BE SUBMITTED PROVIDED THAT THE CONDITIONS LAID DOWN BY THE STAFF REGULATIONS , IN PARTICULAR THE CONDITION THAT A FORMAL COMPLAINT MUST BE LODGED BEFOREHAND , ARE SATISFIED IN ALL CASES .
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AGRICULTURE - COMMON AGRICULTURAL POLICY - SYSTEM OF ' GREEN ' EXCHANGE RATES - LAWFULNESS - EFFECTS ON THE MARKET IN CASEIN AND CASEINATES - ABSENCE OF MEASURES FOR MAKING ADJUSTMENTS - LIABILITY OF THE COMMUNITY - CONDITIONS - BREACH OF THE PROHIBITION OF DISCRIMINATION - NONE

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )

Summary

ALTHOUGH IN CERTAIN TRANSACTIONS THE APPLICATION OF THE ' GREEN ' EXCHANGE RATES MAY POSSIBLY INVOLVE ADVANTAGES OR DISADVANTAGES WHICH MAY APPEAR TO CONSTITUTE DISCRIMINATION , IT NONE THE LESS REMAINS TRUE THAT IN GENERAL THE APPLICATION OF THE GREEN RATES SERVES TO REMEDY SITUATIONS WHICH , IN THE ABSENCE OF THOSE RATES , WOULD RESULT IN MUCH MORE SERIOUS , OBVIOUS AND GENERAL DISCRIMINATION .

ALTHOUGH IT IS NOT WITHOUT CERTAIN DRAWBACKS , THE ADOPTION OF THE SYSTEM OF ' GREEN ' EXCHANGE RATES IS JUSTIFIED BY THE REQUIREMENTS OF THE COMMON AGRICULTURAL POLICY AND IS NOT CONTRARY TO THE PROHIBITION OF DISCRIMINATION . THE SAME CONCLUSION MUST BE DRAWN AS REGARDS THE EFFECTS OF THE APPLICATION OF THAT SYSTEM ON THE POSITION OF PRODUCERS OF CASEIN AND CASEINATES , WHICH CANNOT GIVE RISE TO LIABILITY ON THE PART OF THE COMMUNITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - UNEMPLOYED PERSON GOING TO ANOTHER MEMBER STATE - RETENTION OF ENTITLEMENT TO BENEFITS - WHOLLY UNEMPLOYED FRONTIER WORKER SETTLING IN THE TERRITORY OF THE COMPETENT MEMBER STATE - APPLICATION OF ARTICLE 69 OF REGULATION NO 1408/71 - NONE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 69 )

Summary

ARTICLE 69 OF REGULATION NO 1408/71 IS NOT APPLICABLE TO A WHOLLY UNEMPLOYED FRONTIER WORKER WHO , ON THE TERMINATION OF HIS LAST EMPLOYMENT , SETTLES IN THE TERRITORY OF THE COMPETENT MEMBER STATE , THAT IS TO SAY THE MEMBER STATE IN WHICH HE WAS LAST EMPLOYED .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - DETERMINATION - DERIVED PRODUCTS - COMMISSION REGULATION NO 2140/79 , AS AMENDED BY REGULATION NO 1541/80 - INVALIDITY

QUESTIONS SUBMITTED FOR A PRELIMINARY RULING - ASSESSMENT OF VALIDITY - DECLARATION THAT A REGULATION IS INVALID - EFFECTS - TEMPORAL LIMITATION

( EEC TREATY , ART . 174 , SECOND PARAGRAPH , AND ART . 177 )

Summary

AS THE COURT HAS ALREADY RULED IN ITS JUDGMENT OF 15 OCTOBER 1980 IN CASE 145/79 , THE PROVISIONS OF COMMISSION REGULATION NO 2140/79 , AS AMENDED BY REGULATION NO 1541/80 , ARE INVALID IN SO FAR AS THEY FIX THE MONETARY COMPENSATORY AMOUNTS APPLICABLE TO EXPORTS OF POWDERED GLUCOSE FALLING UNDER SUBHEADING NO 17.02 B II ( A ) OF THE COMMON CUSTOMS TARIFF .

THE FACT THAT THE PROVISIONS OF REGULATION NO 2140/79 , AS AMENDED BY REGULATION NO 1541/80 , HAVE BEEN DECLARED INVALID PROVIDES NO GROUND FOR CALLING IN QUESTION THE LEVYING OR PAYMENT OF MONETARY COMPENSATORY AMOUNTS BY THE NATIONAL AUTHORITIES ON THE BASIS OF THOSE PROVISIONS IN RESPECT OF THE PERIOD PRECEDING 15 OCTOBER 1980 , THE DATE ON WHICH THE JUDGMENT DECLARING SUCH PROVISIONS INVALID WAS DELIVERED .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - NON-MARKETING PREMIUM - ' MILK AND MILK PRODUCTS ' - CONCEPT - EWE ' S MILK AND EWE ' S MILK PRODUCTS - INCLUDED

( COUNCIL REGULATION NO 1078/77 , ART . 2 ( 2 ) ( A ); COMMISSION REGULATION NO 1391/78 , ART . 4 ( 2 ) ( B ))

Summary

THE TERMS ' MILK AND MILK PRODUCTS ' IN ARTICLE 2 ( 2 ) ( A ) OF REGULATION NO 1078/77 , INTRODUCING A SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND MILK PRODUCTS AND FOR THE CONVERSION OF DAIRY HERDS , WHICH DESIGNATE THE PRODUCTS THAT THE RECIPIENT OF A NON-MARKETING PREMIUM UNDERTAKES NOT TO MARKET FOR A SPECIFIED PERIOD , ALSO COVER EWE ' S MILK AND EWE ' S MILK PRODUCTS . THAT INTERPRETATION IS NECESSITATED BY THE AIM OF THE PREMIUM SYSTEM , WHICH CANNOT BE ATTAINED IF THE REDUCTION IN THE PRODUCTION OF COW ' S MILK IS ACCOMPANIED BY AN INCREASE IN THE PRODUCTION OF EWE ' S MILK .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER HELD IN PUBLIC STORAGE - SALE AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS - RULES ON SECURITY - FORCE MAJEURE - CONCEPT - RESALE OF THE BUTTER BY THE SUCCESSFUL TENDERER - FAILURE BY THE BUYER TO COMPLY WITH THE PROCESSING OBLIGATION - LOSS OF THE SECURITY PROVIDED BY THE SUCCESSFUL TENDERER

( REGULATION NO 232/75 OF THE COMMISSION , ART . 18 ( 2 ))

Summary

THE CONCEPT OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 MUST BE UNDERSTOOD AS MEANING ABSOLUTE IMPOSSIBILITY CAUSED BY ABNORMAL CIRCUMSTANCES BEYOND THE CONTROL OF THE PURCHASER OF THE BUTTER THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED WITHOUT UNREASONABLE SACRIFICES , DESPITE THE EXERCISE OF ALL DUE CARE .

THAT ARTICLE MUST CONSEQUENTLY BE INTERPRETED AS MEANING THAT THE PROCESSING SECURITIES GIVEN BY A SUCCESSFUL TENDERER FOR QUANTITIES OF BUTTER AWARDED TO HIM UNDER THE SCHEME FOR SELLING BUTTER AT REDUCED PRICES ESTABLISHED BY REGULATION NO 232/75 ARE NOT TO BE RELEASED IF THE CONTROL COPIES ATTESTING THAT THOSE QUANTITIES OF BUTTER HAVE BEEN PROCESSED CANNOT BE SUBMITTED BECAUSE A SUBSEQUENT BUYER OF THOSE QUANTITIES OF BUTTER HAS USED THEM FOR PURPOSES OTHER THAN THAT PRESCRIBED .

THE SAME APPLIES IF , WHEN SUPPLYING THOSE QUANTITIES OF BUTTER TO A BUYER WHO UNDERTOOK TO COMPLY WITH THE PROCESSING CONDITIONS , THE SUCCESSFUL TENDERER RELIED ON THE FACT THAT THE AUTHORITIES RESPONSIBLE FOR SUPERVISING THE PROCESSING OF THE BUTTER HAD ISSUED IN GOOD TIME THE CONTROL COPIES RELATING TO QUANTITIES PREVIOUSLY SUPPLIED TO THE SAME BUYER AND THOSE DOCUMENTS SUBSEQUENTLY PROVE TO BE INCORRECT .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS COVERED - MEMBERS OF A WORKER ' S FAMILY - DEPENDENT CHILDREN - UNEMPLOYMENT BENEFITS FOR YOUNG JOB-SEEKERS - REGULATION ( EEC ) NO 1408/71 - INAPPLICABLE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 2 ( 1 ) AND ART . 3 ( 1 ))

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - CONCEPT - UNEMPLOYMENT BENEFITS FOR YOUNG JOB-SEEKERS - GRANT TO CHILDREN OF A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE - CHILD HAVING NATIONALITY OF A NON-MEMBER COUNTRY

( REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . A NATIONAL OF A NON-MEMBER COUNTRY WHO IS A MEMBER OF THE FAMILY OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE CANNOT RELY ON REGULATION NO 1408/71 , AND IN PARTICULAR ARTICLE 2 ( 1 ) AND ARTICLE 3 ( 1 ) THEREOF , IN ORDER TO CLAIM UNEMPLOYMENT BENEFITS GRANTED , UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THAT WORKER IS EMPLOYED , TO YOUNG PERSONS SEEKING EMPLOYMENT , WHEN THEY ARE GRANTED ON THE BASIS OF THE BENEFICIARY ' S OWN SITUATION AND NOT BY REASON OF THE FACT THAT HE IS A MEMBER OF A WORKER ' S FAMILY .

2 . THE TERM ' SOCIAL ADVANTAGE ' USED IN ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 REFERS TO ALL ADVANTAGES WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .

UNEMPLOYMENT BENEFITS PROVIDED UNDER THE LEGISLATION OF A MEMBER STATE FOR YOUNG PERSONS SEEKING WORK CONSTITUTE A SOCIAL ADVANTAGE WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 . A MEMBER STATE CANNOT REFUSE TO GRANT SUCH BENEFITS TO THE DEPENDENT CHILDREN OF A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE ON THE GROUNDS OF THE CHILDREN ' S NATIONALITY , WHETHER THEY ARE NATIONALS OF A MEMBER STATE OR OF A NON-MEMBER COUNTRY .
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1 . EEC TREATY - ARTICLE 220 , FIRST INDENT - SCOPE - OBJECTIVE SET

( EEC TREATY , ART . 220 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - USE OF LANGUAGES IN COURTS OF CRIMINAL JURISDICTION - EXCEPTIONS MADE IN CERTAIN CIRCUMSTANCES FOR NATIONALS - EXTENSION TO A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE AND FULFILS THE CONDITIONS REQUIRED OF NATIONALS OF THE FIRST MEMBER STATE

( EEC TREATY , ART . 48 ; REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . IN SO FAR AS IT PROVIDES THAT THE MEMBER STATES SHALL , SO FAR AS IS NECESSARY , ENTER INTO NEGOTIATIONS WITH EACH OTHER WITH A VIEW TO SECURING FOR THEIR NATIONALS ' THE PROTECTION OF PERSONS AND THE PROTECTION AND ENJOYMENT OF RIGHTS UNDER THE SAME CONDITIONS AS THOSE ACCORDED BY EACH STATE TO ITS OWN NATIONALS ' , THE FIRST INDENT OF ARTICLE 220 OF THE EEC TREATY IS NOT INTENDED TO LAY DOWN A LEGAL RULE DIRECTLY APPLICABLE AS SUCH , BUT MERELY DEFINES AS AN OBJECTIVE THE EXTENSION BY EACH MEMBER STATE TO THE NATIONALS OF THE OTHER MEMBER STATES OF THE GUARANTEES ACCORDED BY IT TO ITS OWN NATIONALS .

2 . THE PRINCIPLE OF FREE MOVEMENT OF WORKERS , AS LAID DOWN IN ARTICLE 48 OF THE TREATY AND MORE PARTICULARLY IN REGULATION NO 1612/68 OF THE COUNCIL , REQUIRES THAT A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE AND HABITUALLY RESIDES IN ANOTHER MEMBER STATE BE ENTITLED , UNDER THE SAME CONDITIONS AS A WORKER WHO IS A NATIONAL OF THE HOST MEMBER STATE , TO REQUIRE THAT CRIMINAL PROCEEDINGS AGAINST HIM TAKE PLACE IN A LANGUAGE OTHER THAN THE LANGUAGE NORMALLY USED IN PROCEEDINGS BEFORE THE COURT WHICH TRIES HIM . SUCH AN ENTITLEMENT FALLS WITHIN THE MEANING OF THE TERM ' SOCIAL ADVANTAGE ' AS USED IN ARTICLE 7 ( 2 ) OF THAT REGULATION .