ddrg/super_eurlex huggingface dataset:
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - EXEMPTION FROM THE BURDEN THEREOF - EQUITABLE RELIEF - PERIOD IN WHICH IT APPLIES - MEMBER STATES ' DISCRETION - LIMITS

( REGULATION NO 1608/74 OF THE COMMISSION , ART . 2 ( 2 ) AND ( 6 ))

Summary

1 . THE PURPOSE OF REGULATION NO 1608/74 , THE PROVISIONS OF WHICH ARE , ACCORDING TO ARTICLE 6 , APPLICABLE RETROACTIVELY TO ' IMPORTS OR EXPORTS CARRIED OUT AS OF 4 JUNE 1973 ' , IS TO MITIGATE THE EFFECTS ON CONTRACTS IN THE COURSE OF EXECUTION OF THE ADJUSTMENTS TO THE MONETARY COMPENSATORY AMOUNTS WHICH TOOK EFFECT AFTER THAT DATE . THAT REGULATION MUST THEREFORE BE INTERPRETED AS MEANING THAT THE WAIVER OR REFUND ON EQUITABLE GROUNDS OF MONETARY COMPENSATORY AMOUNTS LEVIED ON IMPORTS MAY BE GRANTED EVEN IF THE CONTRACTS IN PURSUANCE OF WHICH THE IMPORTS WERE CARRIED OUT WERE CONCLUDED BEFORE 4 JUNE 1973 .

2 . REGULATION NO 1608/74 GIVES THE COMPETENT NATIONAL AUTHORITIES A DEGREE OF DISCRETION IN ASSESSING WHETHER THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 2 ) THEREOF ARE SATISFIED BUT IT DOES NOT EMPOWER THEM TO REFUSE TO GRANT A WAIVER OR A REFUND WHERE THEY HAVE ACCEPTED THAT THE CONDITIONS CREATING A RIGHT TO SUCH A WAIVER OR REFUND ARE SATISFIED .
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1 . FISHING - CONSERVATION OF FISHERY RESOURCES - QUOTA SYSTEM FOR HERRING FISHING - DETAILED RULES FOR ADMINISTERING QUOTAS - POWER OF THE MEMBER STATES - NATIONAL RULES ALLOWING ONLY CERTAIN CLASSES OF FISHERMEN ACCESS TO A QUOTA - WHETHER PERMISSIBLE

( COUNCIL REGULATIONS NOS 170/83 , ART . 5 ( 2 ) AND 1353/83 )

2 . FISHING - COMMON ORGANIZATION OF THE MARKETS - PRODUCTION AND MARKETING ARRANGEMENTS - RESTRICTION OF THE POWER OF MEMBER STATES - TREATMENT AND PROCESSING OF HERRING - NATIONAL RULES - NOT PERMISSIBLE

( COUNCIL REGULATION NO 3796/81 , ART . 5 ( 1 ), SECOND SUBPARAGRAPH )

Summary

1 . COMMUNITY LAW , IN PARTICULAR REGULATION NO 170/83 ESTABLISHING A COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES AND REGULATION NO 1353/83 FIXING PROVISIONAL QUOTA ALLOCATIONS FOR HERRING STOCKS IN THE NORTHERN AND CENTRAL NORTH SEA , DOES NOT PRECLUDE RULES ADOPTED BY A BODY BELONGING TO A TRADE ORGANIZATION OF A MEMBER STATE AND ENTRUSTED WITH DUTIES GOVERNED BY PUBLIC LAW WHICH PROVIDE THAT ONLY FISHERMEN WHOSE VESSELS ARE EQUIPPED FOR SALTING AND GUTTING HERRING ON BOARD MAY RECEIVE A LICENCE TO FISH FOR HERRING .

2 . REGULATION NO 3796/81 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS EMPOWERS ONLY THE PRODUCERS ' ORGANIZATIONS TO ADOPT MARKETING RULES BINDING ON THEIR MEMBERS . MEMBER STATES MAY MAKE SUCH RULES BINDING ON NON-MEMBERS BUT NO LONGER HAVE POWER TO ADOPT THE RULES ON THE TREATMENT AND PROCESSING OF FISHERY PRODUCTS BY THE FISHERMEN ESTABLISHED IN THEIR TERRITORY . THEREFORE , THE REGULATION , IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) THEREOF , PRECLUDES RULES ADOPTED BY A BODY BELONGING TO A TRADE ORGANIZATION OF A MEMBER STATE AND ENTRUSTED WITH DUTIES GOVERNED BY PUBLIC LAW WHICH PROVIDE THAT THE HERRING CAUGHT MUST BE EITHER GUTTED AND SALTED OR DEEP-FROZEN ON BOARD THE VESSEL .
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ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - SUBJECT-MATTER OF THE DISPUTE - DETERMINATION BY A REASONED OPINION - SUBSEQUENT WIDENING OF THE SCOPE OF THE DISPUTE - NOT PERMISSIBLE - TERMINATION OF THE INFRINGEMENT WITHIN THE PERIOD PRESCRIBED IN THE REASONED OPINION - CHALLENGE - ONUS OF PROOF ON THE COMMISSION

( EEC TREATY , ART . 169 )
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1 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - DUTIES OR CHARGES WHICH CANNOT BE CHARACTERIZED AS TURNOVER TAXES - CHARGE CALCULATED ON THE BASIS OF TOTAL ANNUAL TURNOVER AND COLLECTED FOR THE PURPOSE OF PROVIDING FINANCE FOR SOCIAL SECURITY SCHEMES

( COUNCIL DIRECTIVE 77/388 , ART . 33 )

Summary

THE EXPRESSION ' DUTIES OR CHARGES WHICH CANNOT BE CHARACTERIZED AS TURNOVER TAXES ' IN ARTICLE 33 OF THE SIXTH DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES , WHICH PERMITS THE MEMBER STATES TO MAINTAIN OR INTRODUCE DUTIES OR CHARGES WHICH MAY NOT BE SO CHARACTERIZED , MUST BE INTERPRETED AS INCLUDING A CHARGE OF A NON-FISCAL NATURE WHICH IS LEVIED ON COMPANIES OR CERTAIN CATEGORIES OF COMPANIES TO PROVIDE FINANCE FOR SOCIAL SECURITY SCHEMES AND WHICH IS CALCULATED ON THE BASIS OF THE TOTAL ANNUAL TURNOVER OF THE COMPANIES CONCERNED .
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FREE MOVEMENT OF PERSONS - WORKERS - COMMUNITY PROVISIONS - SITUATIONS INTERNAL TO A MEMBER STATE - NOT APPLICABLE - RULES GOVERNING ACCESS TO PUBLIC TRANSPORT

( EEC TREATY , ART . 48 ( 3 ) ( B ))

Summary

ARTICLE 48 ( 3 ) OF THE EEC TREATY AND THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION DO NOT APPLY TO SITUATIONS WHICH ARE PURELY INTERNAL TO A MEMBER STATE , SUCH AS THOSE INVOLVING A NATIONAL OF A MEMBER STATE WHO HAS NEVER RESIDED OR WORKED IN ANOTHER MEMBER STATE ; NEITHER ARTICLE 48 NOR ANY OTHER PROVISION OF COMMUNITY LAW PRECLUDES THE APPLICATION OF NATIONAL PROVISIONS PERMITTING THE USE OF CERTAIN MEANS OF PUBLIC TRANSPORT TO BE MADE SUBJECT TO OBJECTIVE AND GENERAL CONDITIONS .
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1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - DETERMINATION WHETHER AN OFFICIAL IS SUFFERING FROM AN OCCUPATIONAL DISEASE AND RECOGNITION OF INVALIDITY - DISTINCT PROCEDURES - MEDICAL REPORTS RELATING TO THE RECOGNITION OF INVALIDITY - WHETHER SUCH REPORTS ARE TO BE TAKEN INTO ACCOUNT IN ORDER TO ESTABLISH THAT THE OFFICIAL IS SUFFERING FROM AN OCCUPATIONAL DISEASE - DUTY OF THE ADMINISTRATION - ABSENCE OF DUTY

( STAFF REGULATIONS , ARTS 73 AND 78 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - OCCUPATIONAL DISEASE - DETERMINATION - DRAWING UP OF DRAFT DECISION - DISCRETION OF THE ADMINISTRATION WITH REGARD TO THE FINDINGS OF THE MEDICAL REPORTS

( STAFF REGULATIONS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE , ARTS 16 , 17 AND 18 )

Summary

1 . IN THE COURSE OF THE PROCEDURE TO DETERMINE WHETHER AN OFFICIAL IS SUFFERING FROM AN OCCUPATIONAL DISEASE THE APPOINTING AUTHORITY IS UNDER NO DUTY TO TAKE ACCOUNT OF MEDICAL REPORTS DRAWN UP IN CONNECTION WITH THE PROCEDURE FOR THE RECOGNITION OF THE OFFICIAL ' S INVALIDITY , SINCE THE PROCEDURES LEADING TO THE IMPLEMENTATION OF ARTICLES 73 AND 78 OF THE STAFF REGULATIONS ARE DISTINCT AND GIVE RISE TO SEPARATE DECISIONS INDEPENDENT OF EACH OTHER .

2.IN ADOPTING THE DRAFT DECISION CLOSING THE ADMINISTRATIVE INQUIRY PROVIDED FOR IN ARTICLES 16 , 17 AND 18 OF THE RULES ON INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE THE ADMINISTRATION IS NOT BOUND BY THE OPINION ISSUED BY A DOCTOR APPOINTED BY IT .
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1 . TAX PROVISIONS - INTERNAL TAXATION - PROHIBITION OF DISCRIMINATION BETWEEN IMPORTED PRODUCTS AND SIMILAR DOMESTIC PRODUCTS - SIMILAR PRODUCTS - CONCEPT - INTERPRETATION - CRITERIA - SCOTCH WHISKY AND FRUIT WINE OF THE LIQUEUR TYPE

( EEC TREATY , ART . 95 , FIRST PARAGRAPH )

2 . TAX PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION - PERMISSIBILITY - CONDITIONS - PURSUIT OF OBJECTIVES THAT ARE COMPATIBLE WITH COMMUNITY LAW - NO DISCRIMINATORY OR PROTECTIVE EFFECT

( EEC TREATY , ART . 95 )

Summary

1 . IN ORDER TO DETERMINE WHETHER PRODUCTS ARE SIMILAR WITHIN THE TERMS OF THE PROHIBITION LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 95 OF THE TREATY , IT IS NECESSARY TO CONSIDER WHETHER THEY HAVE SIMILAR CHARACTERISTICS AND MEET THE SAME NEEDS FROM THE POINT OF VIEW OF CONSUMERS . AS THE CONCEPT OF SIMILARITY MUST BE GIVEN A BROAD INTERPRETATION , THE SIMILARITY OF PRODUCTS MUST BE ASSESSED NOT ACCORDING TO WHETHER THEY ARE STRICTLY IDENTICAL BUT ACCORDING TO WHETHER THEIR USE IS SIMILAR AND COMPARABLE .

HENCE , IN ORDER TO DETERMINE WHETHER TWO CATEGORIES OF BEVERAGES ARE SIMILAR , IT IS NECESSARY FIRST TO CONSIDER CERTAIN OBJECTIVE CHARACTERISTICS , SUCH AS THEIR ORIGIN , THE METHOD OF MANUFACTURE AND THEIR ORGANOLEPTIC PROPERTIES , IN PARTICULAR TASTE AND ALCOHOL CONTENT , AND SECONDLY TO CONSIDER WHETHER OR NOT BOTH CATEGORIES OF BEVERAGES ARE CAPABLE OF MEETING THE SAME NEEDS FROM THE POINT OF VIEW OF CONSUMERS .

IT IS CLEAR FROM A COMPARISON OF SCOTCH WHISKY AND FRUIT WINE OF THE LIQUEUR TYPE , WHICH IS BASED ON THOSE CRITERIA , THAT THEY ARE NOT SIMILAR PRODUCTS .

2 . AT ITS PRESENT STAGE OF DEVELOPMENT COMMUNITY LAW , IN PARTICULAR THE SECOND PARAGRAPH OF ARTICLE 95 OF THE TREATY , DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO LAY DOWN TAX ARRANGEMENTS WHICH DIFFERENTIATE BETWEEN CERTAIN PRODUCTS ON THE BASIS OF OBJECTIVE CRITERIA , SUCH AS THE NATURE OF THE RAW MATERIALS USED OR THE PRODUCTION PROCESSES EMPLOYED . SUCH DIFFERENTIATION IS COMPATIBLE WITH COMMUNITY LAW IF IT PURSUES OBJECTIVES OF ECONOMIC POLICY WHICH ARE THEMSELVES COMPATIBLE WITH THE REQUIREMENTS OF THE TREATY AND ITS SECONDARY LEGISLATION , AND IF THE DETAILED RULES ARE SUCH AS TO AVOID ANY FORM OF DISCRIMINATION , DIRECT OR INDIRECT , IN REGARD TO IMPORTS FROM OTHER MEMBER STATES OR ANY FORM OF PROTECTION OF COMPETING DOMESTIC PRODUCTS . A SYSTEM OF TAXATION WHICH DIFFERENTIATES BETWEEN CERTAIN BEVERAGES DOES NOT UNDULY FAVOUR DOMESTIC PRODUCERS WHERE A SIGNIFICANT PROPORTION OF DOMESTIC PRODUCTION OF ALCOHOLIC BEVERAGES FALLS WITHIN EACH OF THE RELEVANT TAX CATEGORIES .
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1 . COMPETITION - DOMINANT POSITION - LEGAL MONOPOLY ENJOYED BY MOTOR-VEHICLE MANUFACTURER FOR THE ISSUE OF CERTIFICATES OF CONFORMITY FOR VEHICLES PRODUCED BY IT - RELEVANT MARKET - MARKET FOR SERVICES SEPARATE FROM MARKET FOR THE PRODUCTS TO WHICH THOSE SERVICES RELATE - ECONOMIC DEPENDENCE OF RETAILERS ON PRODUCER

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - ABUSE - SELECTIVE DISTRIBUTION SYSTEM - OBSTACLES TO RE-IMPORTATION OF VEHICLES BY NON-AUTHORIZED RETAILERS

( EEC TREATY , ART . 86 )

3 . COMPETITION - DOMINANT POSITION - ABUSE - UNDERTAKING ENJOYING A LEGAL MONOPOLY - FEES DISPROPORTIONATE TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED

( EEC TREATY , ART . 86 )

Summary

1 . IN A MEMBER STATE A MOTOR-VEHICLE MANUFACTURER WHICH , AS FAR AS VEHICLES PRODUCED BY IT ARE CONCERNED , ENJOYS A LEGAL MONOPOLY AS A RESULT OF THE APPLICABLE RULES FOR THE ISSUE OF THE CERTIFICATES OF CONFORMITY WHICH ARE REQUIRED FOR THE REGISTRATION OF SUCH VEHICLES MUST , HAVING REGARD TO THE POSITION OF ECONOMIC DEPENDENCE IN WHICH RETAILERS ARE PLACED , BE REGARDED AS OCCUPYING A DOMINANT POSITION IN THE MARKET OF SERVICES INDISPENSABLE FOR RETAILERS , WHICH IS A MARKET ANCILLARY TO BUT SEPARATE FROM THAT OF THE SALE OF VEHICLES .

2 . A MOTOR-VEHICLE MANUFACTURER MAY NOT RELY ON THE SELECTIVE DISTRIBUTION SYSTEM IT HAS SET UP IN A MEMBER STATE IN ORDER TO CREATE , BY NOT RENEWING TYPE APPROVAL , OBSTACLES TO THE RE-IMPORTATION OF VEHICLES FROM OTHER MEMBER STATES BY RETAILERS OUTSIDE ITS DISTRIBUTION NETWORK . THE FACT THAT ITS SELECTIVE DISTRIBUTION SYSTEM HAS BEEN ACCEPTED BY THE COMMISSION CANNOT JUSTIFY SUCH A PRACTICE WHICH CONSTITUTES AN ABUSE OF A DOMINANT POSITION .

3 . AN UNDERTAKING ABUSES ITS DOMINANT POSITION WHERE IT HAS A LEGAL MONOPOLY AND CHARGES FOR ITS SERVICES FEES WHICH ARE DISPROPORTIONATE TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED .
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1 . OFFICIALS - OBLIGATION OF ADMINISTRATION TO PROVIDE ASSISTANCE - SCOPE - RETIRED PERSON

( STAFF REGULATIONS OF OFFICIALS , ART . 24 )

2 . OFFICIALS - OBLIGATION OF ADMINISTRATION TO PROVIDE ASSISTANCE - PROVISION OF ASSISTANCE - CONDITION - PRIOR REQUEST BY THE PERSON CONCERNED - EXCEPTION - EXISTENCE OF EXCEPTIONAL CIRCUMSTANCES

( STAFF REGULATIONS OF OFFICIALS , ART . 24 )

Summary

1 . ALTHOUGH THE WORDING OF ARTICLE 24 OF THE STAFF REGULATIONS APPEARS TO IMPOSE ON THE COMMUNITY INSTITUTIONS AN OBLIGATION TO PROVIDE ASSISTANCE ONLY FOR OFFICIALS AND OTHER SERVANTS WHO ARE IN POST , THE PROVISION HAS A MORE GENERAL SCOPE . ITS PURPOSE IS TO PROVIDE OFFICIALS AND OTHER SERVANTS IN ACTIVE EMPLOYMENT WITH PROTECTION BOTH AT THE PRESENT TIME AND IN THE FUTURE IN ORDER TO ENABLE THEM TO CARRY OUT THEIR DUTIES BETTER IN THE GENERAL INTEREST OF THE SERVICE . CONSE QUENTLY , THE COMMUNITY INSTITUTIONS ' DUTY TO PROVIDE ASSISTANCE ALSO EXTENDS TO RETIRED STAFF . 2 . IN PRINCIPLE , IT IS FOR THE PERSON CONCERNED TO REQUEST ASSISTANCE FROM THE RELEVANT INSTITUTION . HOWEVER , EXCEPTIONAL CIRCUMSTANCES MAY OBLIGE THE COMMUNITY INSTITUTION TO PROVIDE SPECIFIC ASSISTANCE NOT IN RESPONSE TO A REQUEST FROM THE INDIVIDUAL CONCERNED BUT ON ITS OWN INITIATIVE .
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ECSC - PRODUCTION - STEEL PRODUCTION AND DELIVERY QUOTAS - EXCEEDING OF QUOTAS - CALCULATION - TAKING ACCOUNT OF STOCKS

( ECSC TREATY, ART . 58; DECISION NO 1831/81 )
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Aid granted by States - Concept - Preferential tariff system for natural gas essentially favouring a specific category of undertaking and not justifed on economic grounds

( EEC Treaty, Art . 92 )

Summary

A preferential tariff system for supplies of natural gas applied by a Member State in favour of very large industrial users all of which, with one exception only, are in a single industry constitutes a State aid in so far as the price reductions granted manifestly do not correspond to the savings achieved on the cost of supplies . The fact that one undertaking is not in the industry in question does not undermine the finding that it is for that industry that the tariff in question is essentially intended .
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1 . TAX PROVISIONS - INTERNAL TAXATION - DISCRIMINATION - PROHIBITION - VALUE-ADDED TAX LEVIED ON THE IMPORTATION OF PRODUCTS FROM OTHER MEMBER STATES BY A NON-TAXABLE PERSON - DISTINCTION BETWEEN TRANSACTIONS EFFECTED FOR VALUABLE CONSIDERATION AND OTHER TRANSACTIONS - IRRELEVANT

( EEC TREATY , ART . 95 ; COUNCIL DIRECTIVE 77/388 )

2 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAX - COMMON SYSTEM OF VALUE-ADDED TAX - VALUE-ADDED TAX LEVIED ON THE IMPORTATION OF PRODUCTS FROM OTHER MEMBER STATES BY A NON-TAXABLE PERSON - METHOD OF CALCULATION

( EEC TREATY , ART . 95 ; COUNCIL DIRECTIVE 77/388 )

Summary

1 . FOR THE PURPOSE OF APPLYING ARTICLE 95 OF THE EEC TREATY WHERE VALUE-ADDED TAX IS LEVIED ON THE IMPORTATION OF GOODS BY A NON-TAXABLE PERSON , NO DISTINCTION SHOULD BE MADE ACCORDING TO WHETHER OR NOT THE TRANSACTION GIVING RISE TO THE IMPORTATION WAS EFFECTED FOR VALUABLE CONSIDERATION .

2 . WHERE A MEMBER STATE LEVIES VALUE-ADDED TAX ON THE IMPORTATION FROM ANOTHER MEMBER STATE OF GOODS SUPPLIED BY A NON-TAXABLE PERSON , THE TAXABLE AMOUNT DOES NOT INCLUDE THE AMOUNT OF THE TAX PAID IN THE EXPORTING MEMBER STATE WHICH IS STILL CONTAINED IN THE VALUE OF THE GOODS WHEN THEY ARE IMPORTED ; THAT VALUE IS TO BE DETERMINED ON THE BASIS OF THE RELEVANT DATA IN THE EXPORTING MEMBER STATE .

THE AMOUNT OF THE TAX PAID IN THE EXPORTING MEMBER STATE WHICH IS STILL CONTAINED IN THE VALUE OF THE GOODS WHEN THEY ARE IMPORTED IS EQUAL :

( A ) TO THE AMOUNT OF TAX ACTUALLY PAID IN THE EXPORTING MEMBER STATE LESS A PERCENTAGE REPRESENTING THE PROPORTION BY WHICH THE GOODS HAVE DEPRECIATED , IF THE VALUE OF THE GOODS HAS DECREASED BETWEEN THE DATE ON WHICH TAX WAS LAST CHARGED IN THE EXPORTING MEMBER STATE AND THE DATE OF IMPORTATION ;

( B)TO THE FULL AMOUNT OF TAX ACTUALLY PAID IN THE EXPORTING MEMBER STATE , IF THE VALUE OF THE GOODS HAS INCREASED OVER THE SAME PERIOD .
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COMMON COMMERCIAL POLICY - IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN STATE-TRADING COUNTRIES - QUANTITATIVE RESTRICTIONS - CLASSIFICATION OF GOODS - ' SPORTING CARTRIDGES ' WITHIN THE MEANING OF ARTICLE 2 ( 1 ) OF REGULATION NO 3420/83 READ TOGETHER WITH ANNEX III THERETO - CONCEPT

( COUNCIL REGULATION NO 3420/83 , ARTICLE 2 ( 1 ) AND ANNEX III )

Summary

ARTICLE 2 ( 1 ) OF REGULATION NO 3420/83 ON IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN STATE-TRADING COUNTRIES , NOT LIBERALIZED AT COMMUNITY LEVEL , READ TOGETHER WITH ANNEX III THERETO , COMMON CUSTOMS TARIFF SUBHEADING NO 93.07 B II ( A ), NIMEXE CODE ( 1983 ) NOS 93.07-45 AND 93.07-49 AND THE NOTE PERTAINING THERETO MUST BE INTERPRETED AS MEANING THAT THE IMPORT RESTRICTIONS ON CARTRIDGES FROM CZECHOSLOVAKIA COVER ALL SHOT-CARTRIDGES WHICH ARE SUITABLE FOR HUNTING REGARDLESS OF WHETHER SUCH CARTRIDGES ARE ALSO SUITABLE FOR TARGET SHOOTING .
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MEMBER STATES - OBLIGATIONS - FAILURE TO IMPLEMENT DIRECTIVES - JUSTIFICATION - NONE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS OWN LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO MEET OBLIGATIONS AND TIME-LIMITS LAID DOWN IN DIRECTIVES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION APPLICABLE - SIMULTANEOUS APPLICATION OF MORE THAN ONE NATIONAL LEGISLATIVE SYSTEM - NOT POSSIBLE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 13 ( 2 ) ( B ), AS AMENDED BY REGULATION ( EEC ) NO 1390/81 )

Summary

THE EFFECT OF DETERMINING THAT A GIVEN MEMBER STATE ' S LEGISLATION IS THE LEGISLATION APPLICABLE TO A SELF-EMPLOYED PERSON PURSUANT TO ARTICLE 13 ( 2 ) ( B ) OF REGULATION

NO 1408/71 , AS AMENDED BY COUNCIL REGULATION NO 1390/81 , IS THAT ONLY THAT LEGISLATION IS APPLICABLE TO HIM .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - PROROGATION OF JURISDICTION - AGREEMENT CONFERRING JURISDICTION ' CONCLUDED FOR THE BENEFIT OF ONLY ONE OF THE PARTIES ' - DEFINITION - CRITERIA

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 17 , THIRD PARAGRAPH )

Summary

SINCE ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 EMBODIES THE PRINCIPLE OF THE PARTIES ' AUTONOMY TO DETERMINE THE COURT OR COURTS WITH JURISDICTION , THE THIRD PARAGRAPH OF THAT PROVISION MUST BE INTERPRETED IN SUCH A WAY AS TO RESPECT THE PARTIES ' COMMON INTENTION WHEN THE CONTRACT WAS CONCLUDED . THEREFORE , IF AN AGREEMENT CONFERRING JURISDICTION IS TO BE REGARDED AS HAVING BEEN ' CONCLUDED FOR THE BENEFIT OF ONLY ONE OF THE PARTIES ' , THE COMMON INTENTION TO CONFER AN ADVANTAGE ON ONE OF THE PARTIES MUST BE CLEAR FROM THE TERMS OF THE JURISDICTION CLAUSE OR FROM ALL THE EVIDENCE TO BE FOUND THEREIN OR FROM THE CIRCUMSTANCES IN WHICH THE CONTRACT WAS CONCLUDED .

IT FOLLOWS THAT AN AGREEMENT CONFERRING JURISDICTION IS NOT TO BE REGARDED AS FALLING WITHIN THE THIRD PARAGRAPH OF ARTICLE 17 OF THE CONVENTION WHERE ALL THAT IS ESTABLISHED IS THAT THE PARTIES HAVE AGREED THAT A COURT OR THE COURTS OF THE CONTRACTING STATE IN WHICH THAT PARTY IS DOMICILED ARE TO HAVE JURISDICTION .
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1 . OFFICIALS - POSTING - A 2 AND A 3 POSTS - CONSULTATIVE BODY NOT PROVIDED FOR IN THE STAFF REGULATIONS - FREEDOM OF THE ADMINISTRATION TO DETERMINE ITS COMPOSITION AND RESPONSIBILITIES

2 . OFFICIALS - PROMOTION - DISCRETION OF THE ADMINISTRATION - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

Summary

1 . DECISIONS ON PROMOTION AND TRANSFER ARE A MATTER FOR THE APPOINTING AUTHORITY ALONE . IF , ON ITS OWN INITIATIVE AND WITHOUT BEING REQUIRED TO DO SO BY THE STAFF REGULATIONS , THE APPOINTING AUTHORITY INVOLVES A CONSULTATIVE COMMITTEE , SUCH AS A COMMITTEE RESPONSIBLE FOR CONSIDERING APPLICATIONS FOR POSTS IN GRADES A 2 AND A 3 , IN THE PREPARATION OF CERTAIN SUCH DECISIONS , IT MAY DETERMINE THE COMPOSITION AND RESPONSIBILITIES OF THAT COMMITTEE AS IT SEES FIT . IN PARTICULAR , IT MAY PROVIDE THAT THE COMMITTEE SHALL INCLUDE REPRESEN TATIVES OF THE ADMINISTRATION AND NOT REPRESENTATIVES OF THE STAFF .

2 . IN EVALUATING THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO ACCOUNT IN CONNECTION WITH A PROMOTION DECISION UNDER ARTICLE 45 OF THE STAFF REGULATIONS THE APPOINTING AUTHORITY HAS WIDE DISCRETION , AND IN THAT RESPECT THE COURT ' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER , HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT , IT HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS AUTHORITY IN A MANIFESTLY INCORRECT MANNER . IT IS FOR THE INSTITUTION ALONE , IN THE EXERCISE OF ITS DISCRETION , TO JUDGE WHETHER THE HEALTH OF THE SUCCESSFUL CANDIDATE ALLOWS HIM TO CARRY OUT HIS DUTIES PROPERLY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - DESCRIPTION AND PRESENTATION OF WINES - COMMUNITY RULES NOT COMPREHENSIVE - APPLICATION OF NATIONAL RULES

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRESENTATION OF PRODUCTS - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - WHETHER PERMISSIBLE - CONDITIONS AND LIMITS

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRESENTATION OF PRODUCTS COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE - PROTECTION OF CONSUMERS - FAIR TRADING - RULES PROHIBITING THE MARKETING OF ' PETILLANT DE RAISIN ' IN CHAMPAGNE-TYPE BOTTLES - NOT PERMISSIBLE - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

1 . IN THE PRESENT STATE OF COMMUNITY LAW , THE COMMUNITY RULES ON THE COMMON ORGANIZATION OF THE MARKET IN WINE CANNOT BE REGARDED AS AN EXHAUSTIVE SYSTEM CONTAINING ALL THE NECESSARY

PROVISIONS REGARDING THE PRESENTATION OF WINES , IN PARTICULAR AS REGARDS THE SHAPE OF BOTTLES AND THE PROTECTION WHICH THEY MAY HAVE . IT MUST THEREFORE BE ASSUMED THAT THE RULES ADOPTED BY THE MEMBER STATES ON SUCH MATTERS REMAIN IN FORCE IN SO FAR AS THEY DO NOT INFRINGE ARTICLE 30 ET SEQ . OF THE EEC TREATY .

2 . IN THE ABSENCE OF COMPREHENSIVE COMMUNITY LEGISLATION ON THE PACKAGING OF PRODUCTS , OBSTACLES TO FREE TRADE WITHIN THE COMMUNITY DUE TO DISPARITIES BETWEEN NATIONAL RULES MUST BE ACCEPTED IN SO FAR AS SUCH RULES ARE APPLICABLE TO DOMESTIC AND IMPORTED PRODUCTS ALIKE AND MAY BE JUSTIFIED AS BEING NECESSARY TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO CONSUMER PROTECTION AND FAIR TRADING .

3 . WHILST THE JUSTIFICATION FOR ADOPTING LEGISLATION DESIGNED TO PREVENT CONSUMERS FROM CONFUSING WINES AND PRODUCTS OF DIFFERENT QUALITY AND ORIGIN CANNOT IN PRINCIPLE BE DENIED AND THAT CONCERN IS PARTICULARLY WORTHY WHERE TRADITIONS AND SPECIAL CHARACTERISTICS PLAY AN IMPORTANT ROLE , IT MUST BE OBSERVED THAT IN A COMMON MARKET SYSTEM CONSUMER PROTECTION AND FAIR TRADING AS REGARDS THE PRESENTATION OF WINES AND PRODUCTS GOVERNED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE MUST BE GUARANTEED WITH REGARD ON ALL SIDES FOR THE FAIR AND TRADITIONAL PRACTICES OBSERVED IN THE VARIOUS MEMBER STATES , AND THAT THE PROVISIONS OF COMMUNITY LAW ON THE LABELLING OF PRODUCTS GOVERNED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE ARE EXCEPTIONALLY DETAILED AND THUS SHOULD PREVENT CONFUSION OF PRODUCTS .

A PROHIBITION ENACTED BY A MEMBER STATE ON MARKETING BEVERAGES SUCH AS ' PETILLANT DE RAISIN ' IN TRADITIONAL CHAMPAGNE-TYPE BOTTLES WITH THEIR TRADITIONAL STOPPERS WHEN THAT PRODUCT IS TRADITIONALLY MADE AND MARKETED IN THAT PRESENTATION IN ITS COUNTRY OF ORIGIN CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
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PUBLIC WORKS CONTRACTS OF THE EUROPEAN COMMUNITIES - ARBITRATION CLAUSE CONFERRING JURISDICTION ON THE COURT - CONTRACT FOR THE SUPPLY OF GOODS AND SERVICES - CLAIM FOR PAYMENT - APPLICATION OF A PENALTY CLAUSE