ddrg/super_eurlex huggingface dataset:
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Summary



Keywords

1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - MACHINES AND APPLIANCES MADE UP OF DIFFERENT COMPONENTS - ' FUNCTIONAL UNIT ' WITHIN THE MEANING OF THE CUSTOMS COOPERATION COUNCIL ' S EXPLANATORY NOTES - DEFINITION

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' PARTS ' OR ' ACCESSORIES ' WITHIN THE MEANING OF SUBHEADING 92.13 D - DEFINITION - CLASSIFICATION OF AN APPARATUS DESCRIBED AS A TIMER/TUNER

Summary

1 . THE FUNCTIONAL UNIT PRINCIPLE REFERRED TO IN THE CUSTOMS COOPERATION COUNCIL ' S EXPLANATORY NOTES IS INTENDED TO ALLOW CLASSIFICATION UNDER A GIVEN HEADING OF MACHINES OR APPLIANCES MADE UP OF COMPONENTS FALLING UNDER SEVERAL TARIFF HEADINGS , IN CASES WHERE THOSE COMPONENTS AS A WHOLE ARE DESIGNED TO PERFORM THE SINGLE CLEARLY-DEFINED FUNCTION REFERRED TO IN THE TARIFF HEADING IN QUESTION . THE PRINCIPLE DOES NOT APPLY WHERE SOME OF THE COMPONENTS MAKING UP A PRODUCT MAY BE USED INDEPENDENTLY OF THE OTHER COMPONENTS AND FOR FUNCTIONS OTHER THAN THOSE WHICH MAY BE PERFORMED BY ALL THE COMPONENTS TOGETHER .

2 . AN APPARATUS DESCRIBED AS A TIMER/TUNER WHICH CONSISTS OF A COLOUR-TELEVISION RECEPTION COMPONENT WITH A 12-PROGRAMME MEMORY AND OF A TIMER THAT CAN BE PRE-SET TO SWITCH THE APPARATUS ON AND OFF UP TO 10 DAYS IN ADVANCE AND WHICH MUST BE COMBINED WITH A VIDEO RECORDER OF A SPECIFIC DESIGN IN ORDER TO CONVERT INTO VISIBLE FORM TRANSMISSIONS RECEIVED MUST BE REGARDED AS A PART OR ACCESSORY WITHIN THE MEANING OF SUBHEADING 92.13 D OF THE COMMON CUSTOMS TARIFF .
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Keywords

1 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - ASSESSMENT CRITERIA

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT - LODGING OF APPLICATIONS - PRESCRIBED PERIOD - MANDATORY NATURE - APPLICATION BARRED BY LAPSE OF TIME - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( COMMISSION REGULATION NO 1380/75 , ART . 15 )

3 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT - CONSIDERATION IN THE CONTEXT OF THE REGULATIONS

4 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT - LODGING OF APPLICATIONS - TRADER NOT RESPONSIBLE FOR LOSS OF THE T5 CONTROL COPY - APPLICATION FOR OTHER DOCUMENTS TO BE ACCEPTED AS EQUIVALENT - PRESCRIBED PERIOD - EXPIRY - RELIANCE ON FORCE MAJEURE IMPOSSIBLE

( COMMISSION REGULATION NO 1380/75 , ART . 11 ( 2 ) AND ( 5 ) AND ART . 15 )

Summary

1 . IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS WHICH IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN THE SECOND PLACE , WHETHER THEY ARE NECESSARY FOR ITS ACHIEVEMENT .

2.THE SETTING OF A MANDATORY TIME-LIMIT FOR THE SUBMISSION OF APPLICATIONS FOR THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS IS A NECESSARY MEASURE INTENDED TO ENSURE THAT ADMINISTRATIVE MATTERS ARE DEALT WITH WITHOUT UNDUE DELAY , AND A PRESCRIBED PERIOD OF SIX MONTHS IS NOT UNREASONABLE IF ACCOUNT IS TAKEN OF THE INTERESTS OF TRADERS AND OF CURRENT ADMINISTRATIVE PRACTICE . THERE ARE NO GROUNDS FOR STATING THAT THE RULE IN ARTICLE 15 WHICH BARS CLAIMS SUBMITTED OUT OF TIME IS OUT OF PROPORTION TO THE AIM PURSUED SINCE IN THE FIRST PLACE THE BARRING OF CLAIMS ON THE GROUND THAT THE REQUISITE DOCUMENTS HAVE BEEN SUBMITTED OUT OF TIME IS NOT A PENALTY BUT , AS A GENERAL RULE , THE NORMAL CONSEQUENCE OF THE EXPIRY OF ANY PRESCRIBED PERIOD THE OBSERVANCE OF WHICH IS MANDATORY , AND SECONDLY PROVISION IS MADE FOR EXCEPTIONAL CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE TO BE TAKEN INTO ACCOUNT .

3.THE CONCEPT OF FORCE MAJEURE MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL AND UNFORESEEABLE CIRCUMSTANCES , BEYOND A TRADER ' S CONTROL , THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED . IF IT IS REFERRED TO IN A REGULATION , IT MUST BE CONSIDERED IN THE CONTEXT IN WHICH IT IS SET .

4.UNDER THE PROCEDURE FOR THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS , WHERE THE T5 CONTROL COPY HAS NOT BEEN RETURNED THE PERSON CONCERNED MAY NOT PLEAD FORCE MAJEURE IF HE HAS NOT TAKEN THE NECESSARY STEPS TO AVOID THE CONSEQUENCES OF THE FAILURE TO RETURN THAT FORM AND , IN PARTICULAR , IF HE HAS FAILED TO MAKE AN APPLICATION , BEFORE THE EXPIRY OF THE SIX-MONTH PERIOD PRESCRIBED BY ARTICLE 15 OF REGULATION NO 1380/75 , FOR OTHER DOCUMENTS TO BE ACCEPTED AS EQUIVALENT PURSUANT TO ARTICLE 11 ( 5 ) OF THAT REGULATION .
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Keywords

ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS - DELIVERIES IN EXCESS OF QUOTAS - LACK OF WARNING FROM THE COMMISSION - BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION - NONE - FINE - DIFFICULTIES RESULTING FROM THE QUOTA ALLOCATED TO THE UNDERTAKING - RELEVANCE - REDUCTION OF THE FINE

( ECSC TREATY , ART . 58 ; DECISION 1831/81 , ART . 12 )
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FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF PUBLIC HEALTH - REQUIREMENT THAT IMPORTED PRODUCTS COMPLY WITH TECHNICAL STANDARDS AND UNDERGO A TYPE-APPROVAL PROCEDURE - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 36 )

Summary

ALTHOUGH UNDER THE DEROGATIONS FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS WHICH ARE LAID DOWN IN ARTICLE 36 OF THE EEC TREATY WHERE THERE ARE NO COMMUNITY RULES AND THE RELEVANT NATIONAL RULES HAVE NOT BEEN HARMONIZED IT IS FOR THE MEMBER STATES TO DECIDE WHAT DEGREE OF THE PROTECTION OF THE HEALTH AND LIFE OF THE USERS OF A SPECIFIC PRODUCT THEY INTEND TO ENSURE , SUCH RULES AS THEY MAY INTRODUCE ARE COMPATIBLE WITH THE TREATY ONLY IN SO FAR AS THEY ARE NECESSARY FOR THE EFFECTIVE PROTECTION OF THOSE INTERESTS AND DO NOT CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN THE MEMBER STATES .

IT FOLLOWS THAT A MEMBER STATE IS NOT ENTITLED TO PREVENT THE MARKETING OF A PRODUCT ORIGINATING IN ANOTHER MEMBER STATE IF IN THAT MEMBER STATE THE LEVEL OF PROTECTION PROVIDED TO USERS OF THAT PRODUCT IS EQUIVALENT TO THAT WHICH THE NATIONAL RULES ARE INTENDED TO ENSURE OR ESTABLISH . WHERE THERE IS SUCH EQUIVALENCE , A MEMBER STATE WOULD BREACH THE PRINCIPLE OF PROPORTIONALITY IF IT REQUIRED SUCH IMPORTED PRODUCTS TO COMPLY STRICTLY AND EXACTLY WITH THE PROVISIONS OR TECHNICAL REQUIREMENTS LAID DOWN FOR DOMESTIC PRODUCTS .

SIMILARLY , ALTHOUGH A MEMBER STATE IS FREE TO REQUIRE A PRODUCT WHICH HAS ALREADY RECEIVED APPROVAL IN ANOTHER MEMBER STATE TO UNDERGO A FRESH PROCEDURE OF EXAMINATION AND APPROVAL , IT IS NEVERTHELESS UNDER A DUTY TO ASSIST IN BRINGING ABOUT A RELAXATION OF THE CONTROLS EXISTING IN INTRA-COMMUNITY TRADE . THUS THE AUTHORITIES OF THE MEMBER STATES ARE NOT ENTITLED UNNECESSARILY TO REQUIRE LABORATORY TESTS WHERE THE SAME TESTS HAVE ALREADY BEEN CARRIED OUT IN ANOTHER MEMBER STATE AND THEIR RESULTS ARE AVAILABLE TO THOSE AUTHORITIES OR MAY AT THEIR REQUEST BE PLACED AT THEIR DISPOSAL .
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( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - EXCLUSION OF PART-TIME WORKERS FROM AN OCCUPATIONAL PENSION SCHEME - PART-TIME STAFF COMPOSED MAINLY OF WOMEN - IMPERMISSIBLE IN THE ABSENCE OF OBJECTIVE GROUNDS

( EEC TREATY , ART . 119 )

3 . SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - OCCUPATIONAL PENSION SCHEME - OBLIGATION TO ADJUST CONDITIONS OF ACCESS TO TAKE ACCOUNT OF THE DIFFICULTIES FACED BY EMPLOYEES WITH FAMILY RESPONSIBILITIES - NONE

( EEC TREATY , ART . 119 )

1 . AN OCCUPATIONAL PENSION SCHEME WHICH , ALTHOUGH ESTABLISHED IN ACCORDANCE WITH STATUTORY PROVISIONS , IS BASED ON AN AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEE REPRESENTATIVES CONSTITUTES AN INTEGRAL PART OF THE CONTRACT OF EMPLOY- MENT AND HAS THE EFFECT OF SUPPLEMENTING THE SOCIAL BENEFITS PAID UNDER NATIONAL LEGISLATION OF GENERAL APPLICATION WITH BENEFITS FINANCED ENTIRELY BY THE EMPLOYER DOES NOT CONSTITUTE A SOCIAL SECURITY SCHEME GOVERNED DIRECTLY BY STATUTE AND THUS OUTSIDE THE SCOPE OF ARTICLE 119 , BUT IS SUBJECT TO THAT PROVISION .

Summary

2 . ARTICLE 119 OF THE TREATY IS INFRINGED BY AN UNDERTAKING WHICH EXCLUDES PART-TIME EMPLOYEES FROM ITS OCCUPATIONAL PENSION SCHEME , WHERE THAT EXCLUSION AFFECTS A FAR GREATER NUMBER OF WOMEN THAN MEN , UNLESS THE UNDERTAKING SHOWS THAT THE EXCLUSION IS BASED ON OBJECTIVELY JUSTIFIED FACTORS UNRELATED TO ANY DISCRIMINATION ON GROUNDS OF SEX .

SUCH FACTORS MAY LIE IN THE FACT THAT THE UNDERTAKING SEEKS TO EMPLOY AS FEW PART-TIME WORKERS AS POSSIBLE , WHERE IT IS SHOWN THAT THAT OBJECTIVE CORRESPONDS TO A REAL NEED ON THE PART OF THE UNDERTAKING AND THE MEANS CHOSEN FOR ACHIEVING IT ARE APPROPRIATE AND NECESSARY .

3 . ARTICLE 119 DOES NOT HAVE THE EFFECT OF REQUIRING AN EMPLOYER TO ORGANIZE ITS OCCUPATIONAL PENSION SCHEME IN SUCH A MANNER AS TO TAKE INTO ACCOUNT THE PARTICULAR DIFFICULTIES FACED BY PERSONS WITH FAMILY RESPONSIBILITIES IN MEETING THE CONDITIONS FOR ENTITLEMENT TO SUCH A PENSION .

OPINION OF MR ADVOCATE GENERAL DARMON
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - WHETHER APPLICABLE TO BENEFITS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS 12 ( 2 ) AND 46 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - CALCULATION OF BENEFITS - ARTICLE 46 OF REGULATION NO 1408/71 - WHETHER APPLICABLE WHEN THE AMOUNT OF THE BENEFITS DUE BY VIRTUE OF NATIONAL LEGISLATION IS UNRELATED TO THE PERIODS COMPLETED AND WHEN THE MINIMUM PERIOD UNDER THAT LEGISLATION WAS COMPLETED IN A SPECIAL SCHEME FOR A PARTICULAR OCCUPATION - RULES FOR CALCULATING THE BENEFITS .

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS 45 ( 2 ) AND 46 )

Summary

1 . THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PRECLUDE THE GRANT OF BENEFITS TO WHICH ENTITLEMENT WAS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATIVE PROVISIONS ALONE , WHEN THOSE BENEFITS ARE GREATER THAN THOSE DETERMINED PURSUANT TO ARTICLE 46 OF THE REGULATION .

IN SUCH A CASE , ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 DOES NOT PRECLUDE THE APPLICATION OF A NATIONAL RULE DESIGNED TO PREVENT THE OVERLAPPING OF DOMESTIC AND FOREIGN BENEFITS , IN ORDER TO DETERMINE THE BENEFITS ACQUIRED UNDER NATIONAL LEGISLATIVE PROVISIONS ALONE .

2 . ARTICLE 46 OF REGULATION NO 1408/71 IS APPLICABLE WHERE THE AMOUNT OF THE BENEFITS DUE BY VIRTUE OF NATIONAL LEGISLATION IS UNRELATED TO THE PERIODS COMPLETED AND WHERE THE MINIMUM PERIOD GIVING RISE TO ENTITLEMENT UNDER THAT LEGISLATION HAS BEEN COMPLETED , EVEN IF THE SCHEME CONCERNED IS A SPECIAL SCHEME FOR A PARTICULAR OCCUPATION AND THE PERIODS COMPLETED IN ANOTHER MEMBER STATE WERE NOT COMPLETED WITHIN AN EQUIVALENT SCHEME .

FOR THE PURPOSE OF DETERMINING THE AMOUNT REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 46 ( 1 ) IT IS NOT PERMISSIBLE TO APPLY A NATIONAL RULE DESIGNED TO PREVENT THE OVERLAPPING OF DOMESTIC AND FOREIGN BENEFITS .

THE AMOUNT FOUND TO BE HIGHER , ON THE BASIS OF THE COMPARISON PRESCRIBED IN THE SECOND PARAGRAPH OF ARTICLE 46 ( 1 ), IS TO BE REDUCED WHERE APPROPRIATE IN ACCORDANCE WITH ARTICLE 46 ( 3 ).
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1 . ACTION FOR DAMAGES - IMMINENT AND FORESEEABLE DAMAGE - FINDING OF THE COMMUNITY' S LIABILITY - ACTION BEFORE THE COURT - ADMISSIBILITY

( EEC TREATY, ART . 215 )

2 . AGRICULTURE - MONETARY MEASURES - ALTERATION OF THE REPRESENTATIVE RATES - REDUCTION OF THE PROCESSING INDUSTRY' S PROFIT MARGIN - ADMISSIBILITY - INFRINGEMENT OF PROPERTY RIGHTS - NONE

( EEC TREATY, ART . 39 ( 1 ) ( B ); COUNCIL REGULATION NO 855/84; COMMISSION REGULATION NO 2677/84 )

3 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - CRITERIA

4 . AGRICULTURE - MONETARY MEASURES - ALTERATION IN REPRESENTATIVE RATES - TERMS OF APPLICATION IN THE SUGAR SECTOR - LOSSES SUFFERED BY SUGAR UNDERTAKINGS IN A MEMBER STATE - LIABILITY OF THE COMMUNITY - NONE

( EEC TREATY, ART . 215, SECOND PARAGRAPH; COUNCIL REGULATION NO 855/84; COMMISSION REGULATION NO 2677/84 )

Summary

1 . ARTICLE 215 OF THE TREATY DOES NOT PREVENT THE COURT FROM BEING ASKED TO DECLARE THE COMMUNITY LIABLE FOR IMMINENT DAMAGE FORESEEABLE WITH SUFFICIENT CERTAINTY EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED .

2 . THE LAWFULNESS OF REGULATIONS NOS 855/84 AND 2677/84 CANNOT BE CALLED IN QUESTION WITH REGARD TO ARTICLE 39 ( 1 ) OF THE TREATY SINCE ARTICLE 39 ( 1 ) ( B ) CANNOT BE INTERPRETED AS GUARANTEEING THE PROCESSING INDUSTRY A CERTAIN PROFIT MARGIN AND THE OTHER OBJECTIVES REFERRED TO IN ARTICLE 39 HAVE NOT BEEN JEOPARDIZED BY THE MODIFICATION OF THE REPRESENTATIVE RATES BY THE CONTESTED REGULATIONS .

NEITHER THE MONETARY COMPENSATORY AMOUNTS NOR THE REPRESENTATIVE RATES ARE INTENDED TO GUARANTEE THAT EACH INDIVIDUAL TRADER WILL RECEIVE FOR HIS PRODUCTS A PRICE THAT, EXPRESSED IN THE NATIONAL CURRENCY, DOES NOT VARY, SO THAT A REDUCTION OF THE VALUE IN NATIONAL CURRENCY OF THE STOCKS HELD BY TRADERS FOLLOWING A REVALUATION OF THE REPRESENTATIVE RATES INTENDED TO APPROXIMATE THOSE RATES TO THE CENTRAL RATES CANNOT IN ITSELF CONSTITUTE INTERFERENCE WITH THE PROPERTY RIGHTS OF THOSE TRADERS .

3 . IN ORDER TO CONSIDER WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO CHECK WHETHER THE MEASURES IMPOSED BY THE PROVISION ARE APPROPRIATE FOR ACHIEVING THE INTENDED OBJECTIVE AND WHETHER THEY EXCEED THE LIMITS OF WHAT IS NECESSARY TO THAT END .

4 . THE COMMUNITY IS NOT LIABLE TO SUGAR-PROCESSING UNDERTAKINGS IN A MEMBER STATE FOR LOSSES THEY SUFFER AS A RESULT OF THE ALTERATION OF THE REPRESENTATIVE RATES BY REGULATIONS NOS 855/84 AND 2677/84, SINCE THE ALTERATION AND THE TERMS OF ITS IMPLEMENTATION WERE NOT UNFORESEEABLE, MET THE GENERAL INTEREST AND CONTAINED TRANSITIONAL MEASURES INTENDED TO MITIGATE THE EFFECTS FOR THE SAID UNDERTAKINGS .
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1 . OFFICIALS - REPRESENTATION - STAFF COMMITTEE - PROCEDURE - REPRESENTATIVITY - FREEDOM OF EACH INSTITUTION TO ADOPT OWN RULES

( STAFF REGULATIONS , ART . 9 ( 2 ) AND FOURTH PARAGRAPH OF ARTICLE 1 OF ANNEX II THERETO )

2 . MEASURES ADOPTED BY INSTITUTIONS - TIME OF ENTRY INTO FORCE - NEW RULES APPLY IMMEDIATELY

Summary

1 . BY VIRTUE OF THE COMBINED PROVISIONS OF ARTICLE 9 ( 2 ) OF THE STAFF REGULATIONS AND OF ARTICLE 1 OF ANNEX II THERETO , EACH INSTITUTION IS FREE TO ADOPT ITS OWN RULES OF PROCEDURE FOR ITS STAFF COMMITTEE REGARDING THE REPRESENTATION OF ALL CATEGORIES OF OFFICIALS , OTHER EMPLOYEES AND SERVICES THROUGHOUT THE TERMS OF OFFICE OF THE MEMBERS OF THAT COMMITTEE .

2 . AS A MATTER OF PRINCIPLE , NEW RULES APPLY IMMEDIATELY TO THE FUTURE EFFECTS OF A SITUATION WHICH AROSE UNDER THE OLD RULE .
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1 . FREE MOVEMENT OF GOODS - DEROGATIONS - GROUNDS OF PUBLIC MORALITY - PROHIBITION ON THE IMPORTATION OF GOODS CONSIDERED TO BE INDECENT OR OBSCENE - PERMISSIBILITY - CONDITION - PROHIBITION ON THE MANUFACTURE AND MARKETING OF THE SAME GOODS ON THE NATIONAL TERRITORY - DIFFERENCES IN THE LAWS IN FORCE IN THE TERRITORY OF THE SAME MEMBER STATE - OVERALL ASSESSMENT

( EEC TREATY , ART . 36 )

2 . INTERNATIONAL AGREEMENTS - AGREEMENTS OF THE MEMBER STATES - AGREEMENTS CONCLUDED PRIOR TO THE EEC TREATY - ARTICLE 234 OF THE TREATY - OBJECT - SCOPE - JUSTIFICATION OF RESTRICTIONS IN INTRA-COMMUNITY TRADE - NOT ACCEPTABLE

( EEC TREATY , ART . 234 )

Summary

1 . A MEMBER STATE MAY NOT RELY ON GROUNDS OF PUBLIC MORALITY WITHIN THE MEANING OF ARTICLE 36 OF THE EEC TREATY IN ORDER TO PROHIBIT THE IMPORTATION OF CERTAIN GOODS ON THE GROUND THAT THEY ARE INDECENT OR OBSCENE WHEN ITS LEGISLATION CONTAINS NO PROHIBITION ON THE MANUFACTURE AND MARKETING OF THE SAME GOODS ON ITS TERRITORY .

THE QUESTION WHETHER SUCH A PROHIBITION EXISTS IN A STATE COMPRISED OF DIFFERENT CONSTITUENT PARTS WHICH HAVE THEIR OWN INTERNAL LEGISLATION CAN BE RESOLVED ONLY BY TAKING INTO CONSIDERATION ALL THE RELEVANT LEGISLATION . ALTHOUGH IT IS NOT NECESSARY , FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 36 , THAT THE MANUFACTURE AND MARKETING OF THE PRODUCTS WHOSE IMPORTATION HAS BEEN PROHIBITED SHOULD BE PROHIBITED IN THE TERRITORY OF ALL THE CONSTITUENT PARTS , IT MUST AT LEAST BE POSSIBLE TO CONCLUDE FROM THE APPLICABLE RULES , TAKEN AS A WHOLE , THAT THEIR PURPOSE IS , IN SUBSTANCE , TO PROHIBIT THE MANUFACTURE AND MARKETING OF THOSE PRODUCTS .

THAT IS NOT THE CASE OF RULES UNDER WHICH SUCH GOODS MAY BE MANUFACTURED FREELY AND MARKETED SUBJECT ONLY TO AN ABSOLUTE PROHIBITION ON THE TRANSMISSION OF SUCH GOODS BY POST , A RESTRICTION ON THEIR PUBLIC DISPLAY AND , IN CERTAIN AREAS , A SYSTEM OF LICENSING OF PREMISES FOR THE SALE OF THOSE GOODS TO CUSTOMERS AGED 18 YEARS AND OVER .

2 . ARTICLE 234 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT AN AGREEMENT CONCLUDED PRIOR TO THE ENTRY INTO FORCE OF THE EEC TREATY MAY NOT BE RELIED UPON IN ORDER TO JUSTIFY RESTRICTIONS ON TRADE BETWEEN MEMBER STATES . THAT PROVISION , WHICH IS INTENDED TO ENSURE THAT THE APPLICATION OF THE TREATY DOES NOT AFFECT EITHER THE DUTY TO OBSERVE THE RIGHTS OF NON-MEMBER COUNTRIES UNDER AN AGREEMENT PREVIOUSLY CONCLUDED WITH A MEMBER STATE , OR THE OBSERVANCE BY THAT MEMBER STATE OF ITS OBLIGATIONS UNDER THAT AGREEMENT , CONCERNS ONLY THE RIGHTS AND OBLIGATIONS ESTABLISHED BETWEEN THE MEMBER STATES AND NON-MEMBER COUNTRIES .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - REGISTRATION OF IMPORTED VEHICLES - REQUIREMENT OF A ROADWORTHINESS TEST DESPITE POSSESSION OF A CERTIFICATE OF CONFORMITY - IMPERMISSIBILITY - JUSTIFICATION - PROTECTION OF HUMAN LIFE - CONDITIONS

( EEC TREATY , ARTS 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - COLLECTION OF FEES FOR TESTING WHICH IS IMPERMISSIBLE IN THE LIGHT OF ARTICLES 30 ET SEQ . OF THE TREATY - PROHIBITED

( EEC TREATY , ARTS 13 AND 30 ET SEQ .)

3 . TAX PROVISIONS - INTERNAL TAXATION - PROHIBITION OF DISCRIMINATION BETWEEN IMPORTED PRODUCTS AND SIMILAR DOMESTIC PRODUCTS - COLLECTION OF FEES IN CONNEXION WITH ROADWORTHINESS TESTING OF IMPORTED VEHICLES - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 95 )

Summary

1 . ARTICLE 30 OF THE TREATY MUST BE INTERPRETED AS MEANING THAT A NATIONAL MEASURE WHICH REQUIRES A ROADWORTHINESS TEST FOR THE PURPOSE OF REGISTERING AN IMPORTED VEHICLE CARRYING A CERTIFICATE OF

ITS CONFORMITY TO THE VEHICLE TYPES APPROVED IN THE IMPORTING MEMBER STATE CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS . NEVERTHELESS , SUCH A MEASURE IS JUSTIFIED UNDER ARTICLE 36 OF THE TREATY PROVIDED THAT , FIRST , IN THE CASE OF VEHICLES PUT ON THE ROAD BEFORE SUCH REGISTRATION , IT IS NECESSARY FOR THE PROTECTION OF HUMAN HEALTH AND LIFE AND , SECONDLY , IT APPLIES WITHOUT DISTINCTION TO VEHICLES OF NATIONAL ORIGIN AND IMPORTED VEHICLES .

IT IS IN ANY EVENT IMPERMISSIBLE IN THE LIGHT OF THE AFOREMENTIONED ARTICLES TO REQUIRE A ROADWORTHINESS TEST WHOSE SOLE PURPOSE IS TO OBTAIN FROM THE OWNER OF THE IMPORTED VEHICLE A SIMPLE WRITTEN DECLARATION ON THE CIRCUMSTANCES IN WHICH IT IS TO BE USED .

2 . A FEE COLLECTED IN CONNECTION WITH A ROADWORTHINESS TEST WHICH IS CONTRARY TO ARTICLES 30 ET SEQ . OF THE TREATY IS ITSELF CONTRARY TO THE TREATY .

3 . A FEE COLLECTED IN CONNECTION WITH A ROADWORTHINESS TEST WHICH IS CARRIED OUT PRIOR TO THE REGISTRATION OF AN IMPORTED VEHICLE AND IS JUSTIFIED UNDER ARTICLE 36 OF THE TREATY COMPLIES WITH THE TREATY PROVIDED THAT IT IS NOT GREATER IN AMOUNT THAN THE FEE APPLICABLE IN THE SAME CIRCUMSTANCES TO A VEHICLE OF NATIONAL ORIGIN .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - NOT ACCEPTABLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE CANNOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN DIRECTIVES .
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OFFICIALS - ACTIONS - TIME-LIMIT FOR BRINGING AN ACTION - DATE FROM WHICH PERIOD BEGINS TO RUN - DATE OF NOTIFICATION OF THE DECISION ON THE COMPLAINT

( STAFF REGULATIONS , ART . 91 ( 3 ))
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ACTS OF COMMUNITY INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - SCOPE - INDIVIDUAL DECISIONS - MERE REFERENCE TO THE PROVISIONS OF THE COMMUNITY LAW - INADEQUATE - FINDING MADE BY THE COURT OF ITS OWN MOTION

( ECSC TREATY , ART . 15 )

Summary

THE STATEMENT OF REASONS FOR A DECISION ADVERSELY AFFECTING AN UNDERTAKING MUST BE SUCH AS TO ALLOW THE COURT TO REVIEW ITS LEGALITY AND TO PROVIDE THE UNDERTAKING CONCERNED WITH THE INFORMATION NECESSARY TO ENABLE IT TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL FOUNDED . THE REQUIREMENTS TO BE SATISFIED BY THE STATEMENT OF REASONS DEPEND ON THE CIRCUMSTANCES OF EACH CASE , IN PARTICULAR THE CONTENT OF THE MEASURE IN QUESTION , THE NATURE OF THE REASONS GIVEN AND THE NEED FOR INFORMATION OF THE UNDERTAKING TO WHICH THE MEASURE IS ADDRESSED .

THE COURT MUST , PURSUANT TO ARTICLE 15 OF THE ECSC TREATY , DECLARE OF ITS OWN MOTION THAT THE ABOVE REQUIREMENT IS NOT FULFILLED WHEN THE RECITALS IN THE PREAMBLE TO AN INDIVIDUAL DECISION OF THE COMMISSION MERELY STATE THAT THE PREREQUISITES FOR APPLYING THE PROVISIONS DEEMED APPLICABLE ARE SATISFIED , WITHOUT SETTING OUT THE CONSIDERATIONS WHICH LED THE COMMISSION TO THAT CONCLUSION AND CONSEQUENTLY WITHOUT FURNISHING ANY ELEMENT OF FACT OR LAW WHICH MIGHT SUPPORT THAT CONTENTION . THAT APPROACH , WHICH AMOUNTS TO NO MORE THAN A REFERENCE TO THE PROVISIONS OF COMMUNITY LAW , NEITHER ENABLES THE UNDERTAKING TO WHICH THE DECISION IS ADDRESSED TO PREPARE ITS OWN DEFENCE NOR ENABLES THE COURT TO EXERCISE FULLY THE POWERS OF REVIEW CONFERRED ON IT BY THE TREATY .
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1 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - JUSTIFICATION - UNACCEPTABLE

( EEC TREATY , ART . 169 )

2 . ACTION FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT MAKING SUCH A DECLARATION - TIME-LIMIT FOR COMPLIANCE

( EEC TREATY , ART . 171 )

Summary

1 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR SITUATIONS IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER COMMUNITY LAW .

2 . MEASURES TO COMPLY WITH A JUDGMENT DECLARING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS MUST BE INITIATED IMMEDIATELY AND MUST BE COMPLETED AS SOON AS POSSIBLE .