ddrg/super_eurlex huggingface dataset:
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1 . COMMUNITY LAW - INTERPRETATION - THIRD COUNTRIES - LAWS OR CUSTOMS - REFERENCE - INADMISSIBILITY

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUNDS - GRANT - CONDITION - REQUIREMENTS AS TO QUALITY - CRITERIA FOR ASSESSMENT

( REGULATION NO 1041, ARTICLE 6 )

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - AUTHORITY OF EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE

4 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - SAUSAGES AND THE LIKE - TARIFF SUB-HEADINGS 16.01 B I A ) AND 16.01 B I C ) - MEANING

Summary

1 . IN THE ABSENCE OF ANY EXPRESS REFERENCE TO THE LAWS OR CUSTOMS OF A THIRD COUNTRY A COMMUNITY PROVISION MUST BE INTERPRETED IN RELATION TO AND IN THE CONTEXT OF ITS OWN SOURCES .

2 . A PRODUCT WHICH CANNOT BE MARKETED WITHIN THE COMMUNITY ON NORMAL TERMS AND UNDER THE DESCRIPTION GIVEN IN THE CLAIM FOR THE GRANT OF A REFUND WOULD NOT FULFIL THE REQUIREMENTS AS TO QUALITY SET OUT AT ARTICLE 6 OF REGULATION NO 1041 .

THE FACT THAT THE AMOUNT OF THE REFUND EXCEEDS THE PRICE IN FACT PAID BY THE EXPORTER ON THE HOME MARKET FOR THE EXPORTED PRODUCT IS AN INDICATION THAT DOUBTS SHOULD BE CAST ON THE QUALITY OF THE PRODUCT .

THE QUESTION WHETHER PRODUCTS FOR WHICH AN EXPORT REFUND IS CLAIMED MEET THE REQUIREMENTS AS TO QUALITY LAID DOWN BY ARTICLE 6 OF REGULATION NO 1041/67 MUST BE ASSESSED ON THE BASIS OF CRITERIA IN FORCE WITHIN THE COMMUNITY .

3 . IN THE ABSENCE OF COMMUNITY PROVISIONS THE EXPLANATORY NOTES TO THE BRUSSELS CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS ARE AUTHORITATIVE AS A VALID MEANS OF INTERPRETING COMMON HEADINGS .

4 . THE CLASSIFICATION OF A PRODUCT UNDER SUB-HEADING 16.01 B I A ) PRESUPPOSES THAT ITS INGREDIENTS HAVE BEEN SUBJECTED TO A DRYING PROCESS AND MOREOVER THAT THEY ARE COMPOSED OF MEAT, NOT MERELY OF OFFAL .

SUB-HEADING 16.01 B I C ) IS A RESIDUAL HEADING UNDER WHICH SHOULD BE CLASSIFIED ALL SAUSAGES AND THE LIKE AND OTHER SIMILAR PRODUCTS COMPOSED OF MEAT, OFFAL OR BLOOD, WITHIN THE MEANING OF THE ABOVEMENTIONED EXPLANATORY NOTES, WHICH CANNOT BE INCLUDED UNDER THE OTHER HEADINGS .
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OVERSEAS COUNTRIES AND TERRITORIES - ASSOCIATION - GUINEA - NON-ASSOCIATED COUNTRY - IMPORTS - NO FREEDOM FROM DUTY

( ARTICLE 131 EEC TREATY )

Summary

ARTICLE 131 EEC TREATY, IN CONJUNCTION WITH ANNEX IV AND THE CONVENTION OF ASSOCIATION OF 29 JULY 1969 BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE AFRICAN AND MALAGASY STATES, MUST BE INTERPRETED TO MEAN THAT IMPORTS FROM GUINEA WERE NOT IN 1971 TO BE TREATED AS COMING FROM A STATE OR TERRITORY ASSOCIATED WITH THE EEC AND OUGHT NOT TO BENEFIT FROM FREEDOM FROM DUTY IN THE MEMBER STATES UNDER THIS HEAD .
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1 . TRANSPORT - PUBLIC SERVICE OBLIGATIONS - TARIFF OBLIGATION - MEANING

( REGULATION NO 1191/69 OF THE COUNCIL, ARTICLE 2 ( 5 ))

2 . TRANSPORT - PUBLIC SERVICE OBLIGATIONS - ECONOMIC DISADVANTAGES - COMPENSATION - SHORT-TERM DISADVANTAGES - ASSESSMENT - POWERS OF MEMBER STATES

( REGULATION NO 1191/69 OF THE COUNCIL, ARTICLES 4 AND 5 )

3 . TRANSPORT - PUBLIC SERVICE OBLIGATIONS - PARTIALLY MAINTAINED - COMPENSATION - TOTAL COSTS - APPORTIONMENT - METHODS

( REGULATION NO 1191/69 OF THE COUNCIL, ARTICLE 10 )

Summary

1 . A LEGAL OBLIGATION IN GENERAL TERMS REQUIRING TRANSPORT RATES TO BE APPROVED BY PUBLIC AUTHORITY CANNOT IN ITSELF BE DEEMED TO CONSTITUTE A " TARIFF OBLIGATION " WITHIN THE MEANING OF ARTICLE 2 ( 5 ) OF REGULATION NO 1191/69 . UNDER THIS PROVISION, THE DISTINGUISHING FEATURES OF A TARIFF OBLIGATION ARE NOT ONLY THAT RATES ARE FIXED OR APPROVED BY PUBLIC AUTHORITY BUT ALSO THAT IT SATISFIES THE DOUBLE CONDITION THAT " SPECIAL " TARIFF OBLIGATIONS FOR CERTAIN SPECIFIED CATEGORIES OF PASSENGER OR GOODS, OR ON CERTAIN ROUTES, SHOULD BE INVOLVED, AND THAT, IN ADDITION, THEY SHOULD BE CONTRARY TO THE COMMERCIAL INTERESTS OF THE UNDERTAKING .

2 . ARTICLES 4 AND 5 OF REGULATION NO 1191/69 DO NOT EXCLUDE THE POSSIBILITY THAT ECONOMIC DISADVANTAGES, WITHIN THE MEANING OF THE REGULATION, CAN SUBSIST OVER A PERIOD OF ONLY ONE YEAR AND, ACCORDINGLY, GIVE RISE TO A CLAIM FOR COMPENSATION . NEITHER DO THEY EXCLUDE THE RIGHT OF MEMBER STATES, IN ASSESSING THESE DISADVANTAGES, TO TAKE INTO ACCOUNT THE WHOLE OF THE TRANSPORT UNDERTAKING' S ECONOMIC SITUATION, AND TO WITHHOLD COMPENSATION FOR DISADVANTAGES WHICH APPEAR TO BE TEMPORARY OR ACCIDENTAL AND, ON A LONGER-TERM ASSESSMENT, CAPABLE OF BEING OFF-SET IN DUE COURSE, OR NEUTRALIZED BY A CHANGE OF OPERATING METHODS .

3 . IN CALCULATING THE AMOUNT OF COMPENSATION TO BE PAID TO A TRANSPORT UNDERTAKING, IN A CASE WHERE PUBLIC SERVICE OBLIGATIONS HAVE BEEN PARTIALLY TERMINATED, THERE MUST BE AN APPORTIONMENT, HAVING REGARD TO THE CHARACTERISTICS AND VOLUME OF THE ACTIVITIES INVOLVED, OF THE TOTAL COSTS BETWEEN THE TRANSPORT ACTIVITIES IN RESPECT OF WHICH THE PUBLIC SERVICE OBLIGATIONS HAVE BEEN MAINTAINED AND THOSE IN WHICH THEY ARE TERMINATED .

THE MERE PROSPECT FOR A TRANSPORT UNDERTAKING OF DISCONTINUING CERTAIN ACTIVITIES FOLLOWING TERMINATION OF PUBLIC SERVICE OBLIGATIONS IS INSUFFICIENT TO JUSTIFY ALLOCATING THE WHOLE OF THE TOTAL COSTS TO THE ACTIVITIES IT HAS BEEN COMPELLED TO MAINTAIN, AS THIS COULD TAKE PLACE ONLY WHERE THOSE ACTIVITIES ARE IN FACT DISCONTINUED .
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1 . ACT OF ACCESSION - AGRICULTURE - TRADE BETWEEN THE NEW MEMBER STATES AND THE ORIGINAL COMMUNITY - COMPENSATORY AMOUNTS - OBJECTIVE

( ACT OF ACCESSION, ARTICLES 55 ( 1 ) ( A ), 65 AND 66 )

2 . ACT OF ACCESSION - AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - FRUIT AND VEGETABLES - COMPENSATORY AMOUNTS - CALCULATION - PRODUCER PRICE - REFERENCE TO COMMUNITY RULES - STRICT INTERPRETATION - CONVERSION FACTOR - CONDITIONS OF APPLICATION - EXPRESS PROVISION

( ACT OF ACCESSION, ARTICLE 65 ( 2 ); REGULATION NO 159/66 OF THE COUNCIL, ARTICLE 4 ( 2 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - FRUIT AND VEGETABLES - INTERVENTIONS ON THE MARKET - BASIC PRICE - FIXING - RELEVANT PRODUCT - COMMERCIAL CHARACTERISTICS - DEFINITION

( REGULATION NO 159/66 OF THE COUNCIL, ARTICLE 4 ( 2 ))

Summary

1 . THE OBJECT OF A SYSTEM OF COMPENSATORY AMOUNTS INSTITUTED BY ARTICLES 65 AND 66 OF THE ACT OF ACCESSION IS ESSENTIALLY TO FACILITATE, BY MEANS OF TRANSITIONAL MEASURES, THE GRADUAL ADAPTATION BY THE NEW MEMBER STATES TO THE RULES IN FORCE WITHIN THE COMMUNITY AS ORIGINALLY CONSTITUTED .

THE COMPENSATORY AMOUNTS HAVE THE FUNCTION OF ENSURING A MEASURE OF TARIFF PROTECTION WHICH, IF NOT IDENTICAL TO THAT ENJOYED BY THE NEW MEMBER STATES BY REASON OF THEIR NATIONAL LEGISLATION BEFORE THEIR ACCESSION TO THE COMMUNITIES, IS AT LEAST COMPARABLE THERETO .

2 . SINCE THE ADOPTION OF CONVERSION FACTORS, BY ITS VERY NATURE, AFFECTS THE LEVEL OF THE RELEVANT COMPENSATORY AMOUNT IN A WAY WHICH IS UNFAVOURABLE FOR THE NEW MEMBER STATE, SUCH ADOPTION CAN ONLY BE PERMISSIBLE IF IT IS EXPRESSLY PROVIDED BY THE ACT OF ACCESSION OR IS CLEARLY NECESSARY FOR THE FIXING AND CORRECT APPLICATION OF THE COMPENSATORY AMOUNT .

ARTICLE 65 ( 2 ) OF THE ACT OF ACCESSION, WHEN IT REFERS TO THE 'PRINCIPLES' CONTAINED IN ARTICLE 4 ( 2 ) OF REGULATION NO 159/66, IS CONCERNED SOLELY WITH THE CRITERIA FOR CALCULATION EXPRESSLY DEFINED BY THE LAST MENTIONED PROVISION AND DOES NOT INCLUDE THE POSSIBILITY, WHICH IS ENVISAGED BY OTHER PROVISIONS OF THE SAID REGULATION, OF EMPLOYING CONVERSION FACTORS .

3 . IT IS CLEAR FROM THE TEXT AND OBJECTIVE OF ARTICLE 4 ( 2 ) OF REGULATION NO 159/66 THAT SINCE THE BASIC PRICE IS FIXED FOR A PRODUCT WITH DEFINED COMMERCIAL CHARACTERISTICS, THE CHARACTERISTICS UPON WHICH THE DEFINITION OF THE RELEVANT PRODUCT IS BASED MUST BE SPECIFIED WHEN THE BASIC PRICE IS FIXED AND MENTIONED IN THE ACT BY WHICH THAT PRICE IS FIXED .
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PRELIMINARY RULING - REFERENCE TO THE COURT - JURISDICTION OF NATIONAL COURTS - EXTENT

( EEC TREATY, ARTICLE 177 )

Summary

POWER OF THE NATIONAL JUDGE TO REFER TO THE COURT OF JUSTICE, EITHER OF HIS OWN MOTION OR AT THE REQUEST OF THE PARTIES, QUESTIONS RELATING TO THE INTERPRETATION OR THE VALIDITY OF PROVISIONS OF COMMUNITY LAW IN A PENDING ACTION IS VERY WIDE .

IT CANNOT BE TAKEN AWAY BY A RULE OF NATIONAL LAW WHEREBY A JUDGE IS BOUND ON POINTS OF LAW BY THE RULINGS OF SUPERIOR COURTS .

IT WOULD BE OTHERWISE IF THE QUESTIONS PUT BY THE INFERIOR COURT WERE SUBSTANTIALLY THE SAME AS QUESTIONS ALREADY PUT BY THE SUPERIOR COURT .
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1 . OFFICIAL - RECRUITMENT - PROMOTION - DISPUTE - COMPLAINT - REJECTION - STATEMENT OF REASONS

( STAFF REGULATIONS, ARTICLES 45, 90 ( 2 ))

2 . OFFICIALS - PROCEEDINGS AGAINST THE ADMINISTRATION - APPEALS - SUBMISSIONS AND ARGUMENTS BEFORE THE COURT - COMPLAINT AND REJECTION - WORDING - EFFECT - ABSENCE

( STAFF REGULATIONS, ARTICLES 90, 91 )

3 . OFFICIALS - RECRUITMENT - PROMOTION - APPOINTING AUTHORITY - DISCRETION - EXERCISE - OBLIGATIONS

( STAFF REGULATIONS, ARTICLE 45 )

4 . OFFICIALS - RECRUITMENT - NOTICE OF VACANCY - OBJECT - APPOINTING AUTHORITY - OBLIGATIONS

( STAFF REGULATIONS, ARTICLE 4 )

Summary

1 . THE APPOINTING AUTHORITY IS NOT OBLIGED TO GIVE REASONS FOR PROMOTION DECISIONS INSOFAR AS THEY AFFECT UNSUCCESSFUL CANDIDATES .

HOWEVER, THE OBLIGATION TO GIVE REASONS FOR A DECISION REJECTING A COMPLAINT ALSO APPLIES IN THE CASE OF A DISPUTED PROMOTION .

THE REASONS TO BE GIVEN FOR SUCH A DECISION WILL BE CONCERNED ONLY WITH FULFILMENT OF THE LEGAL CONDITIONS ON WHICH, UNDER THE STAFF REGULATIONS, THE VALIDITY OF THE PROMOTION DEPENDS .

2 . IN ACTIONS BROUGHT BY OFFICIALS AGAINST THE ADMINISTRATION, THE PARTIES ARE NOT BOUND BY THE WORDING OF THE COMPLAINT OR OF THE DECISION REJECTING IT IN MAKING THEIR SUBMISSIONS AND ARGUMENTS TO THE COURT .

3 . THE APPOINTING AUTHORITY ENJOYS WIDE DISCRETION IN REGARD TO PROMOTIONS .

BECAUSE OF THIS, IT IS ASSUMED THAT THE EXERCISE OF THIS DISCRETION WILL INCLUDE CAREFUL EXAMINATION OF THE FILES AND METICULOUS REGARD TO THE REQUIREMENTS LAID DOWN IN THE NOTICE OF VACANCY .

4 . THE NOTICE OF VACANCY MUST GIVE THOSE INTERESTED THE MOST ACCURATE INFORMATION POSSIBLE ABOUT THE CONDITIONS OF ELIGIBILITY FOR THE POST TO ENABLE THEM TO JUDGE WHETHER THEY SHOULD APPLY FOR IT .

THE APPOINTING AUTHORITY MUST, WHEN DRAWING UP THE NOTICE OF VACANCY, TAKE ACCOUNT OF THE SPECIAL CONDITIONS OF ELIGIBILITY REQUIRED OF THE HOLDER .

IT DOES NOT SATISFY THE PROVISIONS OF THE STAFF REGULATIONS IF THE AUTHORITY DECIDES WHAT THESE CONDITIONS SHOULD BE ONLY AFTER THE NOTICE HAS BEEN PUBLISHED AND THE CANDIDATES ARE KNOWN, AND IF AN INTERPRETATION IS PLACED ON THE WORDING OF THE NOTICE OF VACANCY WHICH, IN THE AUTHORITY'S VIEW, SEEMS TO BE IN THE BEST INTERESTS OF THE SERVICE .

IF, AFTER THE EVENT, THE APPOINTING AUTHORITY FINDS THAT THE CONDITIONS OF ELIGIBILITY REQUIRED IN THE NOTICE OF VACANCY ARE MORE EXACTING THAN THE NEEDS OF THE SERVICE DEMAND, IT IS ENTITLED TO RE-OPEN THE PROMOTION PROCEDURE AFTER WITHDRAWING THE ORIGINAL NOTICE OF VACANCY AND PUTTING AN AMENDED ONE IN ITS PLACE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - INSURANCE AGAINST INCAPACITY TO WORK - BENEFITS - OVERLAPPING - PROHIBITION UNDER NATIONAL LEGISLATION - CHARACTER - PROVISION FOR SUSPENSION OR REDUCTION - APPLICABILITY

( REGULATION NO 3, ARTICLE 11 ( 2 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATIVE PROVISIONS - PROVISIONS FOR SUSPENSION OR REDUCTION - APPLICABILITY - COUNTERWEIGHT TO ADVANTAGES UNDER COMMUNITY REGULATIONS

( REGULATION NO 3, ARTICLE 11 ( 2 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATIVE PROVISIONS - PROVISIONS FOR SUSPENSION OR REDUCTION - BENEFITS ACQUIRED UNDER A SCHEME IN ANOTHER MEMBER STATE - MEANING

( REGULATION NO 3, ARTICLE 11 ( 2 ))

Summary

1 . ARTICLE 11 ( 2 ) OF REGULATION NO 3 COVERS ALL NATIONAL LEGISLATIVE PROVISIONS FOR REDUCTION OR SUSPENSION INTENDED TO PREVENT THE OVERLAPPING OF BENEFITS WITHOUT DISTINCTION AS TO WHETHER THE PROVISION DEALS WITH THE ENTITLEMENT TO BENEFIT OR THE PROVISION THEREOF .

A PROVISION OF NATIONAL LAW INTENDED TO PROHIBIT THE SIMULTANEOUS RECEIPT OF SICKNESS BENEFIT AND BENEFIT ON ACCOUNTS OF INCAPACITY TO WORK CONSTITUTES A PROVISION FOR SUSPENSION OR REDUCTION WITHIN THE MEANING OF ARTICLE 11 ( 2 ) OF REGULATION NO 3 .

2 . ARTICLE 11 ( 2 ) OF REGULATION NO 3 IS THE COUNTERWEIGHT TO THE ADVANTAGES WHICH REGULATIONS NOS 3 AND 4 SECURE FOR WORKERS BY ENABLING THEM TO CLAIM THE SIMULTANEOUS APPLICATION OF THE SOCIAL SECURITY LAWS OF SEVERAL MEMBER STATES, AND IS INTENDED TO PREVENT THEM DERIVING FROM THAT APPLICATION ADVANTAGES CONSIDERED EXCESSIVE BY THE NATIONAL LEGISLATION .

THE LIMITATIONS IN ARTICLE 11 ( 2 ) ARE ACCORDINGLY APPLICABLE TO INSURED PERSONS ONLY AS REGARDS BENEFITS ACQUIRED UNDER THOSE SAME REGULATIONS .

3 . THE EXPRESSION 'BENEFITS ACQUIRED UNDER A SCHEME IN ANOTHER MEMBER STATE' CANNOT BE LIMITED MERELY TO THE CASE WHERE THE PROVISION AGAINST OVERLAPPING IS EXPRESSED IN TERMS COVERING ALL BENEFITS IN GENERAL, WHETHER ACQUIRED UNDER THE SCHEME IN OTHER MEMBER STATES OR UNDER THAT OF THE STATE CONCERNED .

THE EXTENSION OF A PROVISION AGAINST OVERLAPPING OF NATIONAL BENEFIT TO BENEFIT DUE UNDER THE LEGISLATION OF ANOTHER MEMBER STATE IS POSSIBLE, HOWEVER, ONLY IN SO FAR AS THE TWO BENEFITS ASSIMILATED ARE GENUINELY COMPARABLE, PARTICULARLY AS REGARDS THE POSSIBILITY OF THEIR OVERLAPPING .

THE EXPRESSION 'BENEFITS ACQUIRED UNDER A SCHEME IN ANOTHER MEMBER STATE' CAN ONLY MEAN THE AMOUNT ACTUALLY PAID AS ASSIMILATED BENEFIT .
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COMPANIES WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 58 OF THE EEC TREATY - COMPULSORY DISCLOSURE - EXTENT - PROVISIONS AS TO REPRESENTATION - APPOINTMENT OF A SINGLE DIRECTOR

( FIRST COUNCIL DIRECTIVE OF 9 MARCH 1968, ARTICLE 2 ( 1 ) ( D ), SECOND SENTENCE )

Summary

IN VIEW OF THE INTENSIFICATION OF TRADE PATTERNS FOLLOWING THE CREATION OF THE COMMON MARKET AND IN THE INTEREST OF LEGAL TRANSACTIONS BETWEEN NATIONALS OF DIFFERENT MEMBER STATES, IT IS IMPORTANT THAT ANY PERSON WISHING TO ESTABLISH AND DEVELOP TRADING RELATIONS WITH COMPANIES SITUATED IN OTHER MEMBER STATES SHOULD BE ABLE EASILY TO OBTAIN ESSENTIAL INFORMATION RELATING TO THE CONSTITUTION OF TRADING COMPANIES AND TO THE POWERS OF PERSONS AUTHORIZED TO REPRESENT THEM : THE RELEVANT INFORMATION SHOULD THEREFORE BE EXPRESSLY STATED IN OFFICIAL REGISTERS OR RECORDS, EVEN IF CERTAIN INFORMATION FOLLOWS AUTOMATICALLY FROM NATIONAL LEGISLATION OR MAY APPEAR SELF-EVIDENT .

ARTICLE 2 ( 1 ) ( D ), SECOND SENTENCE, OF THE FIRST COUNCIL DIRECTIVE OF 9 MARCH 1968 ON COORDINATION OF SAFEGUARDS WHICH, FOR THE PROTECTION OF THE INTERESTS OF MEMBERS AND OTHERS, ARE REQUIRED BY MEMBER STATES OF COMPANIES WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 58 OF THE TREATY, WITH A VIEW TO MAKING SUCH SAFEGUARDS EQUIVALENT THROUGHOUT THE COMMUNITY, MUST BE INTERPRETED AS MEANING THAT WERE THE BODY AUTHORIZED TO REPRESENT A COMPANY MAY CONSIST OF ONE OR OF SEVERAL MEMBERS, DISCLOSURE MUST BE MADE NOT ONLY OF THE PROVISIONS AS TO REPRESENTATION APPLICABLE IN THE EVENT OF THE APPOINTMENT OF SEVERAL DIRECTORS, BUT ALSO, IN THE EVENT OF THE APPOINTMENT OF A SINGLE DIRECTOR, OF THE FACT THAT THE LATTER REPRESENTS THE COMPANY ALONE, EVEN IF HIS AUTHORITY TO DO SO CLEARLY FLOWS FROM NATIONAL LAW .
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1 . QUANTITATIVE RESTRICTIONS - ABOLITION - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY, ARTICLE 30 )

2 . QUANTITATIVE RESTRICTIONS - ABOLITION - MEASURES HAVING EQUIVALENT EFFECT - DESIGNATION OF ORIGIN OF A PRODUCT - PROTECTIVE MEASURES - ADMISSIBILITY - CONDITIONS

( EEC TREATY, ARTICLE 30, 36 )

3 . COMPETITION - AGREEMENTS - EXCLUSIVE DEALING AGREEMENT - PROHIBITION - APPLICATION - CRITERIA

( EEC TREATY, ARTICLE 85 )

4 . COMPETITION - AGREEMENTS - EXCLUSIVE DEALING AGREEMENTS - PROHIBITION - APPLICATION - ECONOMIC AND LEGAL CONTEXT

( EEC TREATY, ARTICLE 85 )

Summary

1 . ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

2 . IN THE ABSENCE OF A COMMUNITY SYSTEM GUARANTEEING FOR CONSUMERS THE AUTHENTICITY OF A PRODUCT'S DESIGNATION OR ORIGIN, MEMBER STATES MAY TAKE MEASURES TO PREVENT UNFAIR PRACTICES IN THIS CONNEXION, ON CONDITION THAT SUCH MEASURES ARE REASONABLE AND DO NOT CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES .

CONSEQUENTLY, THE REQUIREMENT BY A MEMBER STATE OF A CERTIFICATE OF AUTHENTICITY WHICH IS LESS EASILY OBTAINABLE BY IMPORTERS OF AN AUTHENTIC PRODUCT WHICH HAS BEEN PUT INTO FREE CIRCULATION IN A REGULAR MANNER IN ANOTHER MEMBER STATE THAN BY IMPORTERS OF THE SAME PRODUCT COMING DIRECTLY FROM THE COUNTRY OF ORIGIN CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION AS PROHIBITED BY THE TREATY .

3 . AN EXCLUSIVE DEALING AGREEMENT FALLS WITHIN THE PROHIBITION OF ARTICLE 85 WHEN IT IMPEDES, IN LAW OR IN FACT, THE IMPORTATION OF THE PRODUCTS IN QUESTION FROM OTHER MEMBER STATES INTO THE PROTECTED TERRITORY BY PERSONS OTHER THAN THE EXCLUSIVE IMPORTER .

4 . AN EXCLUSIVE DEALING AGREEMENT MAY ADVERSELY AFFECT TRADE BETWEEN MEMBER STATES AND CAN HAVE THE EFFECT OF HINDERING COMPETITION IF THE CONCESSIONAIRE IS ABLE TO PREVENT PARALLEL IMPORTS FROM OTHER MEMBER STATES INTO THE TERRITORY COVERED BY THE CONCESSION BY MEANS OF THE COMBINED EFFECTS OF THE AGREEMENT AND A NATIONAL LAW REQUIRING THE EXCLUSIVE USE OF A CERTAIN MEANS OF PROOF OF AUTHENTICITY .

FOR THE PURPOSE OF JUDGING WHETHER THIS IS THE CASE, ACCOUNT MUST BE TAKEN NOT ONLY OF THE RIGHTS AND OBLIGATIONS FLOWING FROM THE PROVISIONS OF THE AGREEMENT, BUT ALSO OF THE LEGAL AND ECONOMIC CONTEXT IN WHICH IT IS SITUATED AND, IN PARTICULAR, THE POSSIBLE EXISTENCE OF SIMILAR AGREEMENTS CONCLUDED BETWEEN THE SAME PRODUCER AND CONCESSIONAIRES ESTABLISHED IN OTHER MEMBER STATES .

PRICE DIFFERENCES FOUND TO EXIST BETWEEN MEMBER STATES ARE AN INDICATION TO BE TAKEN INTO ACCOUNT .
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OFFICIALS - RETIREMENT IN THE INTEREST OF THE SERVICE - APPLICATION TO OFFICIALS ON LEAVE ON PERSONAL GROUNDS - REFUSAL BY THE ADMINISTRATION - ADMISSIBILITY

( REGULATION NO 1543/73 OF THE COUNCIL )

Summary

REGULATION NO 1543/73, WHICH IS PARTLY DESIGNED TO RESOLVE THE PROBLEMS CREATED BY THE REDUCTION IN THE NUMBER OF POSTS, CANNOT APPLY TO INDIVIDUALS NOT ACTUALLY OCCUPYING A POST . IN THESE CIRCUMSTANCES, THE COMMISSION RIGHTLY INTERPRETED REGULATION NO 1543/73 AS NOT APPLYING TO OFFICIALS WHO ARE ON LEAVE ON PERSONAL GROUNDS .
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1 . COMMUNITY LAW - SCOPE - SPORT - LIMITATION TO ECONOMIC ACTIVITIES

2 . DISCRIMINATION BASED ON NATIONALITY - PROHIBITION - SCOPE - WORK OR SERVICE

( EEC TREATY, ARTICLES 48 AND 59 )

3 . DISCRIMINATION BASED ON NATIONALITY - PROHIBITION - SCOPE - SPORT - COMPOSITION OF SPORTING TEAMS - EXCLUSION

( EEC TREATY, ARTICLES 7, 48 AND 59 )

4 . DISCRIMINATION BASED ON NATIONALITY - PROHIBITION - SCOPE - EXTENSION TO ACTS NOT EMANATING FROM PUBLIC AUTHORITIES

( EEC TREATY, ARTICLES 7, 48 AND 59 )

5 . DISCRIMINATION - PROHIBITION - NATURE - TERRITORIAL SCOPE - LOCALITY - DISCRETIONARY POWERS OF NATIONAL COURT

( EEC TREATY, ARTICLES 7, 48 AND 59 )

6 . SERVICES - FREE PROVISION - RESTRICTIONS - ABOLITION - DIRECT EFFECT

( EEC TREATY, ARTICLE 59, FIRST PARAGRAPH )

Summary

1 . THE PRACTICE OF SPORT IS SUBJECT TO COMMUNITY LAW ONLY IN SO FAR AS IT CONSTITUTES AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 2 OF THE TREATY .

2 . THE PROHIBITION OF DISCRIMINATION BASED ON NATIONALITY IN THE SPHERE OF ECONOMIC ACTIVITIES WHICH HAVE THE CHARACTER OF GAINFUL EMPLOYMENT OR REMUNERATED SERVICE COVERS ALL WORK OR SERVICES WITHOUT REGARD TO THE EXACT NATURE OF THE LEGAL RELATIONSHIP UNDER WHICH SUCH ACTIVITIES ARE PERFORMED .

3 . THE PROHIBITION OF DISCRIMINATION BASED ON NATIONALITY DOES NOT AFFECT THE COMPOSITION OF SPORT TEAMS, IN PARTICULAR NATIONAL TEAMS, THE FORMATION OF WHICH IS A QUESTION OF PURELY SPORTING INTEREST AND AS SUCH HAS NOTHING TO DO WITH ECONOMIC ACTIVITY .

4 . PROHIBITION OF DISCRIMINATION DOES NOT ONLY APPLY TO THE ACTION OF PUBLIC AUTHORITIES BUT EXTENDS LIKEWISE TO RULES OF ANY OTHER NATURE AIMED AT REGULATING IN A COLLECTIVE MANNER GAINFUL EMPLOYMENT AND THE PROVISION OF SERVICES .

5 . THE RULE ON NON-DISCRIMINATION APPLIES TO ALL LEGAL RELATIONSHIPS WHICH CAN BE LOCATED WITHIN THE TERRITORY OF THE COMMUNITY BY REASON EITHER OF THE PLACE WHERE THEY ARE ENTERED INTO OR OF THE PLACE WHERE THEY TAKE EFFECT .

6 . THE FIRST PARAGRAPH OF ARTICLE 59, IN ANY EVENT IN SO FAR AS IT REFERS TO THE ABOLITION OF ANY DISCRIMINATION BASED ON NATIONALITY, CREATES INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
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OFFICIALS - RANK - EQUALITY - INTERESTS OF SERVICE - SUBORDINATION

Summary

NO PROVISION IN THE STAFF REGULATIONS PREVENTS AN OFFICIAL WHO IS CARRYING OUT ADMINISTRATIVE DUTIES FROM BEING, IN THE INTERESTS OF THE SERVICE AND FOR THE PURPOSE OF COORDINATING CERTAIN ACTIVITIES, MADE ANSWERABLE, UNDER THE AUTHORITY OF HIS IMMEDIATE SUPERIOR, TO THE HEAD OF ANOTHER DIVISION .
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1 . OFFICIALS - VESTED RIGHTS - ACQUISITION - CONDITIONS - BASED ON THE STAFF REGULATIONS

2 . OFFICIALS - TERMINATION OF SERVICE - HOLDERS OF GRADES A 1 AND A 2 UNDER THE SCHEME OF THE STAFF REGULATIONS OF THE ECSC OF 1956 - FINANCIAL BENEFITS - LEGALITY

( REGULATION NO 2530/72, ARTICLE 5 )

3 . OFFICIALS - REMUNERATION - PAYMENT - CURRENCY OTHER THAN THE BELGIAN FRANC - DEVALUATION - ARTICLE 63 OF THE STAFF REGULATIONS OF OFFICIALS - LEGALITY

Summary

1 . AS THE LEGAL LINK BETWEEN AN OFFICIAL AND THE ADMINISTRATION IS BASED UPON THE STAFF REGULATIONS AND NOT UPON A CONTRACT, AN OFFICIAL CANNOT IN ANY CASE CLAIM A VESTED RIGHT UNLESS THE FACTS GIVING RISE TO THAT RIGHT AROSE UNDER A PARTICULAR SET OF STAFF REGULATIONS PRIOR TO THE AMENDMENT DECIDED UPON BY THE COMMUNITY AUTHORITY .

2 . THE BENEFITS RESERVED BY ARTICLE 5 OF REGULATION NO 2530/72 FOR OFFICIALS WHO HELD GRADE A1 OR A2 UNDER THE SCHEME OF THE STAFF REGULATIONS OF THE ECSC OF 1956 ARE A MERE TRANSPOSITION FROM THE STAFF REGULATIONS OF 1962 AND CANNOT CONSEQUENTLY BE REGARDED AS DISCRIMINATORY .

3 . ALTHOUGH IT IS FOR THE COUNCIL TO ADAPT THE STAFF REGULATIONS TO ECONOMIC REALITIES AND THUS TO SEEK THE MEANS OF ALLEVIATING ANY LOSS SUFFERED BY OFFICIALS RESIDING IN A COUNTRY WHOSE CURRENCY HAS BEEN SUBSTANTIALLY DEVALUED, THAT CANNOT MEAN THAT THE EXISTING WORDING OF ARTICLE 63 IS ILLEGAL OR THAT IN CONSEQUENCE IT IS INAPPLICABLE WITHIN THE MEANING OF ARTICLE 184 OF THE EEC TREATY .
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1 . EEC - OWN RESOURCES - MONETARY COMPENSATORY AMOUNTS - AMOUNTS IMPROPERLY COLLECTED - REIMBURSEMENT - AWARD OF INTEREST - NATIONAL AUTHORITIES - JURISDICTION

( DECISION OF THE COUNCIL OF 21 APRIL 1970 , ARTICLE 6 ; REGULATION NO 2/71 OF THE COUNCIL , ARTICLE 1 );

2 . NON-CONTRACTUAL LIABILITY - APPLICATION - CLAIM FOR NOMINAL DAMAGES - SPECIFIC DAMAGE - CAUSAL CONNEXION - PROOF

( EEC TREATY , ARTICLE 215 )

Summary

1 . DISPUTES IN CONNEXION WITH THE REIMBURSEMENT OF AMOUNTS COLLECTED FOR THE COMMUNITY ARE A MATTER FOR THE NATIONAL COURTS AND MUST BE SETTLED BY THEM UNDER NATIONAL LAW IN SO FAR AS NO PROVISIONS OF COMMUNITY LAW ARE RELEVANT .

IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW ON THIS POINT IT IS CURRENTLY FOR THE NATIONAL AUTHORITIES , IN THE CASE OF REIMBURSEMENT OF DUES IMPROPERLY COLLECTED , TO SETTLE ALL ANCILLARY QUESTIONS RELATING TO THAT REIMBURSEMENT , SUCH AS ANY PAYMENT OF INTEREST .

2 . EVEN IN A CLAIM FOR NOMINAL DAMAGES THE APPLICANT MUST PROVE ACTUAL DAMAGE AND A CAUSAL CONNEXION BETWEEN SUCH DAMAGE AND THE MEASURES ADOPTED BY A COMMUNITY INSTITUTION .