ddrg/super_eurlex huggingface dataset:
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Keywords

1 . FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - GOODS MOVING BETWEEN TWO POINTS IN THE COMMUNITY ACROSS SWITZERLAND - INVOLVEMENT OF A CONSIGNEE IN SWITZERLAND - OPERATION CLASSIFIED AS COMMUNITY TRANSIT - CONDITIONS

( AGREEMENT BETWEEN THE EEC AND SWITZERLAND ON THE APPLICATION OF THE RULES ON COMMUNITY TRANSIT , ART . 1 )

2.FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - GOODS MOVING BETWEEN TWO POINTS IN THE COMMUNITY ACROSS SWITZERLAND - GOODS ACCOMPANIED BY A CONSIGNMENT NOTE - RE-CONSIGNMENT FROM SWITZERLAND - ISSUE OF A NEW CONSIGNMENT NOTE - ENTRY OF THE SYMBOL T2 - WHETHER PERMISSIBLE - CONDITIONS

( AGREEMENT BETWEEN THE EEC AND SWITZERLAND ON THE APPLICATION OF THE RULES ON COMMUNITY TRANSIT , ARTS 5 AND 6 )

3.FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - OFFENCES OR IRREGULAITIES - UNCOLLECTED CHARGES - MEMBER STATE ENTITLED TO RECOVER THEM - STATE WHERE THE OFFENCE OR IRREGULARITY WAS COMMITTED

( REGULATION NO 542/69 OF THE COUNCIL , ART . 36 )

Summary

1 . BY VIRTUE OF ARTICLE 1 OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND SWITZERLAND ON THE APPLICATION OF THE RULES ON COMMUNITY TRANSIT , THOSE RULES ARE TO APPLY TO THE MOVEMENT OF GOODS BETWEEN TWO POINTS SITUATED IN THE COMMUNITY VIA SWISS TERRITORY , WHETHER THE GOODS ARE CONSIGNED DIRECT , WITH OR WITHOUT TRANSHIPMENT IN SWITZER LAND , OR ARE RE-CONSIGNED FROM SWITZERLAND , WHERE APPROPRIATE AFTER STORAGE IN A CUSTOMS WAREHOUSE .

THEREFORE , WHERE GOODS ARE SENT FROM BELGIUM TO A SPECIFIED CONSIGNEE IN A SWISS FREE PORT AND ARE RE-CONSIGNED BY THAT PERSON THROUGH THE CUSTOMS OFFICE OF THAT FREE PORT TO ANOTHER PERSON IN ITALY , THE OPERATION MUST BE REGARDED AS CONSTITUTING COMMUNITY TRANSIT .

2.WHERE GOODS COMING FROM A MEMBER STATE ARE ACCOMPANIED BY A CONSIGNMENT NOTE ON WHICH THE SYMBOL T2 HAS BEEN ENTERED BY THE OFFICE OF DEPARTURE IN THAT MEMBER STATE OR ON WHICH THE SYMBOL T1 IS NOT ENTERED IN SPACE NO 25 , THE SWISS OFFICE OF DEPARTURE IS AUTHORIZED , IN THE CASE OF RE-CONSIGNMENT TO A DESTINATION IN A MEMBER STATE , TO ISSUE A NEW CONSIGNMENT NOTE BEARING THE SYMBOL T2 IN SPACE 25 . IF COPY NO 3 OF THE CONSIGNMENT NOTE IS MISSING OR IF IT BEARS THE SYMBOL T1 , THE SWISS OFFICE OF DEPARTURE IS NOT EMPOWERED TO ISSUE A CONSIGNMENT NOTE BEARING THE SYMBOL T2 .

3.WHERE , BY REASON OF AN OFFENCE OR IRREGULARITY COMMITTED IN CONNECTION WITH A COMMUNITY TRANSIT OPERATION , THE DUTIES AND OTHER CHARGES PAYABLE ARE NOT COLLECTED , RECOVERY OF THOSE DUTIES AND CHARGES IS TO BE EFFECTED BY THE MEMBER STATE IN WHICH THE OFFENCE OR IRREGULARITY WAS COMMITTED , IN ACCORDANCE WITH THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THAT STATE .
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1 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - SCOPE - TRANSFER OF AN UNDERTAKING IN LIQUIDATION - EXCLUDED - TRANSFER OF AN UNDERTAKING IN THE COURSE OF A PROCEDURE IN WHICH THE COURT GRANTS LEAVE TO SUSPEND THE PAYMENT OF DEBTS - INCLUDED

( COUNCIL DIRECTIVE NO 77/187 , ART . 1 ( 1 ))

2 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - SCOPE - WORKERS NOT EMPLOYED IN THE TRANSFERRED PART OF THE UNDERTAKING - EXCLUDED

( COUNCIL DIRECTIVE NO 77/187 , ART . 3 ( 1 ))

Summary

1 . ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE NO 77/187 DOES NOT APPLY TO THE TRANSFER OF AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS WHERE THE TRANSFEROR HAS BEEN ADJUDGED INSOLVENT AND THE UNDERTAKING OR BUSINESS IN QUESTION FORMS PART OF THE ASSETS OF THE INSOLVENT TRANSFEROR , ALTHOUGH THE MEMBER STATES ARE AT LIBERTY TO APPLY THE PRINCIPLES OF THE DIRECTIVE TO SUCH A TRANSFER ON THEIR OWN INITIATIVE . THE DIRECTIVE DOES , HOWEVER , APPLY WHERE AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS IS TRANSFERRED TO ANOTHER EMPLOYER IN THE COURSE OF A PROCEDURE SUCH AS THE ' SURSEANCE VAN BETALING ' ( JUDICIAL LEAVE TO SUSPEND PAYMENT OF DEBTS ) AVAILABLE UNDER NETHERLANDS LAW .

2 . ARTICLE 3 ( 1 ) OF DIRECTIVE NO 77/187 MUST BE INTERPRETED AS NOT COVERING THE TRANSFEROR ' S RIGHTS AND OBLIGATIONS ARISING FROM A CONTRACT OF EMPLOYMENT OR AN EMPLOYMENT RELATIONSHIP EXISTING ON THE DATE OF THE TRANSFER AND ENTERED INTO WITH EMPLOYEES WHO , ALTHOUGH NOT EMPLOYED IN THE TRANSFERRED PART OF THE UNDER TAKING , PERFORMED CERTAIN DUTIES WHICH INVOLVED THE USE OF ASSETS ASSIGNED TO THE PART TRANSFERRED OR WHO , WHILST BEING EMPLOYED IN AN ADMINISTRATIVE DEPARTMENT OF THE UNDERTAKING WHICH HAS NOT ITSELF BEEN TRANSFERRED , CARRIED OUT CERTAIN DUTIES FOR THE BENEFIT OF THE PART TRANSFERRED .
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1 . ANNULMENT OF MEASURES - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION ON THE DESCRIPTION OF WINES IMPORTED FROM NON-MEMBER COUNTRIES

( EEC TREATY , SECOND PARA . OF ART . 173 AND SECOND PARA . OF ART . 189 ; COMMISSION REGULATION NO 1224/83 , ART . 1 ( 3)(G ))

2 . MEASURES ADOPTED BY THE INSTITUTIONS - LEGAL NATURE - REGULATION OR DECISION - DISTINCTION - CRITERIA

( EEC TREATY , ART . 189 )

3 . ACTION FOR DAMAGES - IMMINENT AND FORESEEABLE DAMAGE - FINDING THAT THE COMMUNITY IS LIABLE - REFERENCE TO THE COURT - ADMISSIBILITY

( EEC TREATY , ART . 215 )

Summary

1 . AN ACTION BROUGHT BY AN INDIVIDUAL IS NOT ADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST A REGULATION HAVING DIRECT APPLICATION , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , SUCH AS A REGULATION PROHIBITING THE USE OF CERTAIN TRANSLATIONS IN THE DESCRIPTION OF WINES IMPORTED FROM NON-MEMBERS WHICH APPLIES TO ALL TRADERS .

2 . SINCE THE CHOSEN FORM CANNOT ALTER THE NATURE OF THE MEASURE , THE TEST FOR DISTINGUISHING BETWEEN A REGULATION AND A DECISION IS WHETHER OR NOT THE MEASURE IN QUESTION HAS GENERAL APPLICATION . A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME . THE DISTINCTION BETWEEN A REGULATION AND A DECISION MAY BE BASED ONLY ON THE NATURE OF THE MEASURE ITSELF AND THE LEGAL EFFECTS WHICH IT PRODUCES AND NOT ON THE PROCEDURES FOR ITS ADOPTION .

3 . ARTICLE 215 OF THE TREATY DOES NOT PREVENT A PERSON FROM ASKING THE COURT TO DECLARE THE COMMUNITY LIABLE FOR DAMAGE EVEN WHERE IT CANNOT YET BE PRECISELY ASSESSED , PROVIDED THAT IT IS IMMINENT AND FORESEEABLE WITH SUFFICIENT CERTAINTY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM INTERVENTION STOCKS - DISPOSAL AT REDUCED PRICE TO PROCESSING UNDERTAKINGS - FURTHER PROCESSING - PRODUCTS CONCERNED

( REGULATION NO 1259/72 OF THE COMMISSION , ART . 6 ( 1 ) ( C ) AND ART . 6 ( A ) AS INSERTED BY REGULATION NO 1910/73 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM INTERVENTION STOCKS - DISPOSAL AT REDUCED PRICE TO PROCESSING UNDERTAKINGS - FURNISHING OF SECURITY - DIVERSION OF PROCESSED PRODUCTS FROM INTENDED FINAL USE - SECURITY FORFEIT

( REGULATION NO 1259/72 OF THE COMMISSION , ARTS 6 ( 1 ) ( C ), 6 ( A ), AND 18 ( 2 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM INTERVENTION STOCKS - DISPOSAL AT REDUCED PRICE TO PROCESSING UNDERTAKINGS - FURNISHING OF SECURITY - RELEASE OF SECURITY - CONDITIONS - NATIONAL RULES REGULATING QUALITY OF FOODSTUFFS - NO EFFECT

( REGULATION NO 1259/72 OF THE COMMISSION , ART . 6 ( 1 ) ( C ))

Summary

1 . ARTICLE 6 ( A ), WHICH WAS INSERTED INTO REGULATION NO 1259/72 OF THE COMMISSION ON THE DISPOSAL OF BUTTER AT A REDUCED PRICE TO CERTAIN COMMUNITY PROCESSING UNDERTAKINGS BY REGULATION NO 1910/73 , APPLIES TO POWDER FOR THE PREPARATION OF EDIBLE ICES WITHIN THE MEANING OF ARTICLE 6 ( 1 ) ( C ) ( THIRD OPTION ) OF REGULATION NO 1259/72 .

THE ABOVE-MENTIONED ARTICLE 6 ( A ) PERMITS FURTHER PROCESSING OF THE PRODUCTS REFERRED TO IN ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 1259/72 ONLY IF THE RESULTING PRODUCTS ARE ALSO PRODUCTS REFERRED TO IN THAT ARTICLE .

2 . WHERE THE SECURITY HAS NOT YET BEEN RELEASED THE NATIONAL INTERVENTION AGENCY MUST DECLARE IT FORFEIT IF IT IS FOUND THAT ALTHOUGH POWDER FOR THE PREPARATION OF EDIBLE ICES WAS PRODUCED FROM THE BUTTER AS PROVIDED BY ARTICLE 6 ( 1 ) ( C ) ( THIRD OPTION ) OF REGULATION NO 1259/72 OF THE COMMISSION AS AMENDED BY REGULATION NO 2161/72 , THE POWDER WAS NOT USED FOR THE PREPARATION OF EDIBLE ICES BUT WAS SEPARATED INTO PRODUCTS FALLING WITHIN HEADINGS OF THE COMMON CUSTOMS TARIFF OTHER THAN THOSE MENTIONED IN THE RELEVANT PROVISIONS .

3 . LEGISLATION OF A MEMBER STATE REGULATING THE QUALITY OF FOODSTUFFS CANNOT AFFECT THE RELEASE OF THE SECURITY WHERE THE PROCESSED PRODUCTS FOR WHICH THE SECURITY WAS FURNISHED SATISFY THE REQUIREMENTS CONTAINED IN ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 1259/72 .

THEREFORE THE ADDITION OF THE BINDING AGENT KNOWN AS SODIUM CASEINATE TO POWDER FOR THE PREPARATION OF EDIBLE ICES DOES NOT ADVERSELY AFFECT THE RIGHT TO RELEASE OF THE SECURITY WHERE THE CONDITIONS LAID DOWN BY ARTICLE 6 ( 1 ) ( C ) ARE SATISFIED WITHIN THE PRESCRIBED PERIOD .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - PREFERENTIAL POSTAL TARIFF RESERVED FOR DOMESTIC PUBLICATIONS

( EEC TREATY , ART . 30 )

Summary

ANY COMMERCIAL LEGISLATION BY MEMBER STATES WHICH IS LIABLE TO HINDER INTRA-COMMUNITY TRADE , WHETHER DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IS TO BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED UNDER ARTICLE 30 OF THE TREATY , EVEN IF THE HINDRANCE TO IMPORTATION IS SLIGHT OR IF IT IS POSSIBLE FOR THE IMPORTED PRODUCTS TO BE MARKETED IN OTHER WAYS .

SUCH A MEASURE EXISTS WHERE A PREFERENTIAL POSTAL TARIFF IS RESERVED TO PUBLICATIONS WHICH ARE PRINTED ON NATIONAL TERRITORY OR WHICH FULFIL THE REQUIRED CONDITIONS FOR BEING REGARDED AS DOMESTIC PUBLICATIONS .
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TAX PROVISIONS - INTERNAL TAXATION - DIFFERENTIATED TAXATION SYSTEM - APPLICATION OF A HIGHER RATE OF TAXATION TO A CATEGORY OF SPARKLING WINES DEFINED SO AS NOT TO INCLUDE ANY NATIONAL PRODUCT - UNLAWFULNESS

( EEC TREATY , ART . 95 )

Summary

FOR NATIONAL LAW TO SUBJECT THE CATEGORY OF SPARKLING WINES HAVING AN APPELLATION OF ORIGIN AND REQUIRED BY LEGISLATION TO BE FERMENTED NATURALLY IN THEIR BOTTLES , WHEREAS BECAUSE OF THE ABSENCE OF ANY SUCH RULES THE NATIONAL PRODUCT CANNOT FALL WITHIN THAT CATEGORY , CONSTITUTES A MANIFEST BREACH OF THE RULES LAID DOWN IN ARTICLE 95 OF THE TREATY PROHIBITING TAX DISCRIMINATION . SUCH LEGISLATION IS OBVIOUSLY CONCEIVED SO AS TO APPLY ONLY TO IMPORTED PRODUCTS AND IS INTENDED TO PROTECT THE CORRESPONDING DOMESTIC PRODUCTS BY APPLYING APPRECIABLY LOWER RATES OF TAX TO THEM .
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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 - FAILURE TO COMPLY WITH THE PROCESSING OBLIGATION - RESPONSIBILITY OF THE SUCCESSFUL TENDERER - RELEASE OF THE SECURITY - NO EFFECT - FORCE MAJEURE - CONCEPT - DUTY OF THE MEMBER STATES TO RECOVER THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE REDUCED PRICE WRONGLY GRANTED - BURDEN OF PROOF

( REGULATION NO 729/70 OF THE COUNCIL , ART . 8 ; REGULATION NO 232/75 OF THE COMMISSION , ARTS 6 ( 1 ) ( C ), 10 ( 5 ) AND 18 ( 2 ))

Summary

A SUCCESSFUL TENDERER FOR BUTTER HELD IN PUBLIC STORAGE SOLD AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS UNDER REGULATION NO 232/85 WHO HAS GIVEN AN UNDERTAKING TO COMPLY WITH THE CONDITIONS REFERRED TO IN ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 232/75 IS NOT DISCHARGED FROM HIS OBLIGATIONS SOLELY BECAUSE THE PROCESSING SECURITY WAS RELEASED ON THE BASIS OF A CONTROL COPY REFERRED TO IN ARTICLE 18 ( 2 ) OF THE REGULATION .

HE MAY NOT RELY ON THE LACK OF SUPERVISION BY THE CUSTOMS AUTHORITIES , HIS OWN GOOD FAITH OR ON THE ADMINISTRATION ' S PREVIOUS PRACTICE IN ORDER TO BE DISCHARGED FROM HIS OBLIGATIONS ; THOSE CIRCUMSTANCES DO NOT CONSTITUTE FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF THE REGULATION .

IF THE BUTTER SOLD AT A REDUCED PRICE IS NOT USED IN ACCORDANCE WITH REGULATION NO 232/75 , THE MEMBER STATES MUST REQUIRE THE SUCCESSFUL TENDERER TO PAY THE DIFFERENCE BETWEEN THE REDUCED PRICE WHICH WAS PAID AND THE MARKET PRICE ; THE RELEASE OF THE SECURITY CANNOT BAR , ON THE GROUNDS OF LEGAL CERTAINTY , AN ACTION AGAINST THE SUCCESSFUL TENDERER FOR FAILURE TO FULFIL HIS OBLIGATIONS .

IF THE PROCESSING SECURITY WAS RELEASED AS A RESULT OF AN ERROR IN THE CONTROL DOCUMENT , THE BURDEN OF PROVING THAT ERROR , IN PARTICULAR OF PROVING THAT THE BUTTER WAS NOT USED FOR ITS PRESCRIBED PURPOSE , RESTS ON THE NATIONAL AUTHORITIES CONCERNED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATERIAL SCOPE - BENEFITS COVERED AND BENEFITS EXCLUDED - DISTINGUISHING CRITERIA - SOCIAL BENEFIT GURANTEEING 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 GUARANTEEEING A MINIMUM MEANS OF SUBSISTENCE

( 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 .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' SAILS ' WITHIN THE MEANING OF HEADING 62.04 - SAILS FOR SAILBOARDS IMPORTED SEPARATELY FROM THE BOARDS - INCLUDED

Summary

THE WORDS ' SAILS ' IN TARIFF HEADING 62.04 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS INCLUDING SAILS MADE OF SYNTHETIC TEXTILE FIBRES AND SPECIFICALLY INTENDED FOR SAILBOARDS WHEN THEY ARE IMPORTED SEPARATELY FROM THEIR SUPPORTING STRUCTURE .
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1 . OFFICIALS - ACTION - COMPLAINT LODGED OUT OF TIME - RE-OPENING OF LIMITATION PERIOD - EXISTENCE OF NEW SUBSTANTIAL FACTS - REGRADING DECISION - POSSIBLE NEW FACT

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - DIRECT RECRUITMENT - RECRUITMENT BY TRANSFER FROM ANOTHER INSTITUTION - GRADING CRITERIA APPLICABLE

Summary

1 . ALTHOUGH ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS PROVIDES THAT ANY OFFICIAL MAY REQUEST THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM , THAT RIGHT DOES NOT ALLOW AN OFFICIAL TO SET ASIDE THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 FOR THE LODGING OF A COMPLAINT AND AN APPEAL BY INDIRECTLY CALLING IN QUESTION BY MEANS OF A REQUEST A PREVIOUS DECISION WHICH HAS NOT BEEN CHALLENGED WITHIN THE PERIOD PRESCRIBED . ONLY THE EXISTENCE OF NEW SUBSTANTIAL FACTS MAY JUSTIFY THE SUBMISSION OF A REQUEST FOR A REVIEW OF SUCH A DECISION . THIS MAY BE THE CASE WHERE ONE OR MORE COLLEAGUES IN A SIMILAR POSITION TO THE COMPLAINANT HAVE BEEN REGRADED .

2 . FOR THE PURPOSES OF THE CLASSIFICATION OF OFFICIALS , THE DISTINCTION MADE BY AN INSTITUTION BETWEEN PERSONS DIRECTLY RECRUITED BY ITSELF AND PERSONS TRANSFERRED TO IT AFTER HAVING BEEN RECRUITED BY ANOTHER INSTITUTION MUST IN PRINCIPLE BE RECOGNIZED AS VALID . HOWEVER , A DIFFERENCE IN TREATMENT CANNOT BE JUSTIFIED BY THAT DISTINCTION WHEN , ALTHOUGH HAVING PASSED A COMPETITION ORGANIZED BY ONE INSTITUTION AND HAVING BEEN APPOINTED A PROBATIONARY OFFICIAL BY THAT INSTITUTION , THE OFFICIAL WAS TRANSFERRED ON THE SAME DAY TO ANOTHER INSTITUTION AT WHICH HE HAS WORKED EVER SINCE AND WHICH PROPOSED HIS GRADING , REQUESTED HIS IMMEDIATE TRANSFER , CARRIED OUT THE MEDICAL EXAMINATION AND FIXED THE DATE OF HIS ENTRY INTO SERVICE .
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OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - ABSENCE OF EXPRESS DECISION OF REJECTION - TIME-LIMIT FOR BRINGING AN ACTION - TIME-LIMIT LAID DOWN FOR IMPLIED DECISIONS

( STAFF REGULATIONS , ARTS 90 AND 91 )
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OFFICIALS - RECRUITMENT - VACANCY NOTICE - UNDERTAKING GIVEN BY THE APPOINTING AUTHORITY TO PROMOTE AN OFFICIAL - DISCOVERY THAT THE PERSON CONCERNED DOES NOT SATISFY THE CONDITIONS LAID DOWN IN THE VACANCY NOTICE - INTERNAL COMPETITION PROCEDURE - NO BREACH OF PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION AND ENFORCEMENT OF JUDGMENTS - GROUNDS FOR REFUSAL - THE DOCUMENT WHICH INSTITUTED THE PROCEEDINGS NOT SERVED IN SUFFICIENT TIME ON A DEFENDANT IN DEFAULT OF APPEARANCE - SERVICE IN SUFFICIENT TIME - REVIEW BY THE COURT IN WHICH ENFORCEMENT IS SOUGHT - SCOPE - EXCEPTIONAL CIRCUMSTANCES - TAKEN INTO ACCOUNT - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 27 ( 2 ))

Summary

THE REQUIREMENT , LAID DOWN IN ARTICLE 27 ( 2 ) OF THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS , THAT SERVICE OF THE DOCUMENT WHICH INSTITUTED THE PROCEEDINGS SHOULD HAVE BEEN EFFECTED IN SUFFICIENT TIME IS APPLICABLE WHERE SERVICE WAS EFFECTED WITHIN A PERIOD PRESCRIBED BY THE COURT OF THE STATE IN WHICH THE JUDGMENT WAS GIVEN OR WHERE THE DEFENDANT RESIDED , EXCLUSIVELY OR OTHERWISE , WITHIN THE JURISDICTION OF THAT COURT OR IN THE SAME COUNTRY AS THAT COURT .

IN EXAMINING WHETHER SERVICE WAS EFFECTED IN SUFFICIENT TIME , THE COURT IN WHICH ENFORCEMENT IS SOUGHT MAY TAKE ACCOUNT OF EXCEPTIONAL CIRCUMSTANCES WHICH AROSE AFTER SERVICE WAS DULY EFFECTED .

THE FACT THAT THE PLAINTIFF WAS APPRISED OF THE DEFENDANT ' S NEW ADDRESS , AFTER SERVICE WAS EFFECTED , AND THE FACT THAT THE DEFENDANT WAS RESPONSIBLE FOR THE FAILURE OF THE DULY SERVED DOCUMENT TO REACH HIM ARE MATTERS WHICH THE COURT IN WHICH ENFORCEMENT IS SOUGHT MAY TAKE INTO ACCOUNT IN ASSESSING WHETHER SERVICE WAS EFFECTED IN SUFFICIENT TIME .
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OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - FREE-LANCE INTERPRETERS ENGAGED BY THE COMMISSION UNDER ITS INTERNAL RULES - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS NOT APPLICABLE

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTS 1 AND 3 )

Summary

ARTICLE 1 AND 3 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES DO NOT APPLY TO INTERPRETERS IN RESPECT OF PERIODS DURING WHICH THEY ARE ENGAGED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES UNDER ITS INTERNAL RULES , NAMELY THE ARRANGEMENTS REGARDING FREE-LANCE CONFERENCE INTERPRETERS OF 8 OCTOBER 1974 .
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1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT RIGHT - PRODUCT MARKETED IN A MEMBER STATE BY THE PATENT PROPRIETOR OR WITH HIS CONSENT - IMPORTATION INTO ANOTHER MEMBER STATE - PROPRIETOR ' S RIGHT TO PREVENT IMPORTATION - NONE

( EEC TREATY , ARTS 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT RIGHT - PRODUCT PROTECTED IN SEVERAL MEMBER STATES UNDER PARALLEL PATENTS - PRODUCT MANUFACTURED IN A MEMBER STATE BY THE HOLDER OF A COMPULSORY LICENCE AND MARKETED IN ANOTHER MEMBER STATE - PATENT PROPRIETOR ' S RIGHT TO PREVENT MARKETING - NECESSARY PROTECTION OF THE SUBSTANCE OF THE PATENT RIGHT - PERMISSIBILITY

( EEC TREATY , ARTS 30 AND 36 )

Summary

1 . ARTICLES 30 AND 36 OF THE EEC TREATY PRECLUDE THE APPLICATION OF NATIONAL PROVISIONS WHICH ENABLE A PATENT PROPRIETOR TO PREVENT THE IMPORTATION AND MARKETING OF A PRODUCT WHICH HAS BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE BY THE PATENT PROPRIETOR HIMSELF , WITH HIS CONSENT , OR BY A PERSON ECONOMICALLY OR LEGALLY DEPENDENT ON HIM .

2.ARTICLES 30 AND 36 OF THE EEC TREATY DO NOT PRECLUDE THE APPLICATION OF LEGAL PROVISIONS OF A MEMBER STATE WHICH GIVE A PATENT PROPRIETOR THE RIGHT TO PREVENT THE MARKETING IN THAT STATE OF A PRODUCT WHICH HAS BEEN MANUFACTURED IN ANOTHER MEMBER STATE BY THE HOLDER OF A COMPULSORY LICENCE GRANTED IN RESPECT OF A PARALLEL PATENT HELD BY THE SAME PROPRIETOR . IN THAT RESPECT , IT MAKES NO DIFFERENCE WHETHER A PROHIBITION ON EXPORTATION IS ATTACHED TO THE COMPULSORY LICENCE , WHETHER THAT LICENCE FIXES ROYALTIES PAYABLE TO THE PATENTEE OR WHETHER THE PATENTEE HAS ACCEPTED OR REFUSED SUCH ROYALTIES .

WHERE A COMPULSORY LICENCE IS GRANTED TO A THIRD PARTY THE PATENT PROPRIETOR IS DEPRIVED OF HIS RIGHT TO DETERMINE FREELY THE CONDITIONS UNDER WHICH HE MARKETS HIS PRODUCT . THE SUBSTANCE OF A PATENT RIGHT LIES ESSENTIALLY IN ACCORDING THE INVENTOR AN EXCLUSIVE RIGHT OF FIRST PLACING THE PRODUCT ON THE MARKET SO AS TO ALLOW HIM TO OBTAIN THE REWARD FOR HIS CREATIVE EFFORT . IT IS THEREFORE NECESSARY TO ALLOW THE PATENT PROPRIETOR TO PREVENT THE IMPORTATION AND MARKETING OF PRODUCTS MANUFACTURED UNDER A COMPULSORY LICENCE IN ORDER TO PROTECT THE SUBSTANCE OF HIS EXCLUSIVE RIGHTS UNDER HIS PATENT .
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AGRICULTURE - COMMON ORGANIZATION OF MARKETS - BEEF - FROZEN MEAT INTENDED FOR PROCESSING - SUSPENSION OF THE LEVY ON IMPORTATION - PROOF OF PROCESSING - DETAILED RULES - REGULATION NO 3584/81 - TEMPORAL APPLICATION

( COMMISSION REGULATION NO 1136/79 , ART . 2 ( 3 ) AND ( 4 ), AS AMENDED BY REGULATION NO 3584/81 )

Summary

COMMISSION REGULATION NO 3584/81 , AMENDING REGULATION NO 1136/79 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF SPECIAL IMPORT ARRANGEMENTS FOR CERTAIN TYPES OF FROZEN BEEF INTENDED FOR PROCESSING , IS ALSO APPLICABLE TO OPERATIONS CARRIED OUT BEFORE ITS ENTRY INTO FORCE , PROVIDED HOWEVER THAT PROOF OF THE QUANTITY OF MEAT ACTUALLY PROCESSED WAS FURNISHED BY THE IMPORTERS CONCERNED WITHIN THE PERIOD PRESCRIBED BY THE FIRST PARAGRAPH OF ARTICLE 2 ( 3 ) OF REGULATION NO 1136/79 .
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COMMON CUSTOMS TARIFF - ALTERATION OR SUSPENSION OF IMPORT DUTIES - POWERS OF THE COUNCIL - LIMITS

( EEC TREATY , ART . 28 ; COUNCIL REGULATION NO 2841/79 )

Summary

ALTHOUGH ARTICLE 28 OF THE EEC TREATY , WHICH CONCERNS AUTONOMOUS ALTERATIONS OR SUSPENSIONS OF COMMON CUSTOMS TARIFF DUTIES , LEAVES THE COUNCIL CONSIDERABLE DISCRETION , IT IS FOR THE COURT TO ASCERTAIN WHETHER OR NOT THE MANNER IN WHICH THE COUNCIL HAS CARRIED OUT THE DUTIES THEREBY ENTRUSTED TO IT CONSTITUTES A MISUSE OF POWER OR GIVES RISE TO DISCRIMINATION .