ddrg/super_eurlex huggingface dataset:
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Summary



Keywords

FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - POWERS OF THE EEC - FAILURE TO ACT - EFFECTS - CONSERVATION MEASURES AS THEY EXISTED AT THE END OF THE PERIOD PRESCRIBED IN ARTICLE 102 OF THE ACT OF ACCESSION - AMENDMENT BY THE MEMBER STATES - OBLIGATION TO CONSULT THE COMMISSION AND ABIDE BY ITS VIEWS

( EEC TREATY , ART . 155 ; ACT OF ACCESSION , ART . 102 ; COUNCIL DECISION OF 25 JUNE 1979 )

Summary

AS THIS IS A FIELD RESERVED TO THE POWERS OF THE COMMUNITY , WITHIN WHICH MEMBER STATES MAY HENCEFORTH ACT ONLY AS TRUSTEES OF THE COMMON INTEREST , A MEMBER STATE CANNOT THEREFORE , IN THE ABSENCE OF APPROPRIATE ACTION ON THE PART OF THE COUNCIL , BRING INTO FORCE ANY INTERIM MEASURES FOR THE CONSERVATION OF THE RECOURCES OF THE SEA WHICH MAY BE REQUIRED BY THE SITUATION EXCEPT AS PART OF A PROCESS OF COLLABORATION WITH THE COMMISSION AND WITH DUE REGARD TO THE GENERAL TASK OF SUPERVISION WHICH ARTICLE 155 OF THE EEC TREATY , IN CONJUNCTION WITH THE INTERIM DECISIONS OF THE COUNCIL , GIVES TO THE COMMISSION .

THUS , IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COUNCIL AND BY THE MAINTENANCE , IN PRINCIPLE , OF THE CONSERVATION MEASURES IN FORCE AT THE EXPIRATION OF THE PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION , THE DECISION OF 25 JUNE 1979 AND THE PARALLEL DECISIONS , AS WELL AS THE REQUIREMENTS INHERENT IN THE SAFEGUARD BY THE COMMUNITY OF THE COMMON INTEREST AND THE INTEGRITY OF ITS OWN POWERS , IMPOSE UPON MEMBER STATES NOT ONLY AN OBLIGATION TO UNDERTAKE DETAILED CONSULTATIONS WITH THE COMMISSION AND TO SEEK ITS APPROVAL IN GOOD FAITH , BUT ALSO A DUTY NOT TO LAY DOWN NATIONAL CONSERVATION MEASURES IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS WHICH MIGHT BE FORMULATED BY THE COMMISSSION .
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1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - NATIONAL COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 OF THE EEC TREATY - CONCEPT - APPEALS COMMITTEE SET UP BY A PROFESSIONAL BODY

( EEC TREATY , ART . 177 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - PROVISIONS OF THE TREATY - PERSONS TO WHOM THEY APPLY - SCOPE

( EEC TREATY , ARTS 3 ( C ), 48 , 52 AND 59 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - DOCTORS - NATIONAL OF A MEMBER STATE HOLDING A DIPLOMA ISSUED IN ANOTHER MEMBER STATE AND REFERRED TO IN ARTICLE 3 OF DIRECTIVE 75/362/EEC - RIGHT OF ESTABLISHMENT AS A GENERAL PRACTITIONER IN THE MEMBER STATE OF WHICH HE IS A NATIONAL - FURTHER TRAINING REQUIREMENTS - NOT PERMISSIBLE

( COUNCIL DIRECTIVE 75/362/EEC , ARTS 2 AND 3 )

Summary

1 . IF , UNDER THE LEGAL SYSTEM OF A MEMBER STATE , THE TASK OF IMPLEMENTING PROVISIONS ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY IS ASSIGNED TO A PROFESSIONAL BODY ACTING UNDER A DEGREE OF GOVERNMENTAL SUPERVISION , AND IF THAT BODY , IN CONJUNCTION WITH THE PUBLIC AUTHORITIES CONCERNED , CREATES APPEAL PROCEDURES WHICH MAY AFFECT THE EXERCISE OF RIGHTS GRANTED BY COMMUNITY LAW , IT IS IMPERATIVE , IN ORDER TO ENSURE THE PROPER FUNCTIONING OF COMMUNITY LAW , THAT THE COURT SHOULD HAVE AN OPPORTUNITY OF RULING ON ISSUES OF INTERPRETATION AND VALIDITY ARISING OUT OF SUCH PROCEEDINGS .

IT FOLLOWS THAT IN THE ABSENCE , IN PRACTICE , OF ANY RIGHT OF APPEAL TO THE ORDINARY COURTS , THE APPEALS COMMITTEE , WHICH OPERATES WITH THE CONSENT OF THE PUBLIC AUTHORITIES AND WITH THEIR COOPERATION , AND WHICH , AFTER AN ADVERSARIAL PROCEDURE , DELIVERS DECISIONS WHICH ARE IN FACT RECOGNIZED AS FINAL , MUST , IN A MATTER INVOLVING THE APPLICATION OF COMMUNITY LAW , BE CONSIDERED AS A COURT OR TRIBUNAL OF A MEMBER STATE WITHIN THE MEANING OF ARTICLE 177 OF THE TREATY .

2 . THE FREE MOVEMENT OF PERSONS , THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES GUARANTEED BY ARTICLES 3 ( C ), 48 , 52 AND 59 OF THE TREATY , FREEDOMS WHICH ARE FUNDAMENTAL TO THE SYSTEM SET UP BY THE COMMUNITY , WOULD NOT BE FULLY REALIZED IF MEMBER STATES WERE ABLE TO DENY THE BENEFIT OF PROVISIONS OF COMMUNITY LAW TO THOSE OF THEIR NATIONALS WHO HAVE AVAILED THEMSELVES OF THE FREEDOM OF MOVEMENT AND THE RIGHT OF ESTABLISHMENT AND WHO HAVE ATTAINED , BY THOSE MEANS , THE PROFESSIONAL QUALIFICATIONS MENTIONED IN A DIRECTIVE ON THE MUTUAL RECOGNITION OF DIPLOMAS IN A MEMBER STATE OTHER THAN THE STATE WHOSE NATIONALITY THEY HOLD .

3 . DIRECTIVE 75/362/EEC IS TO BE INTERPRETED AS MEANING THAT A NATIONAL OF A MEMBER STATE WHO HAS OBTAINED A DIPLOMA LISTED UNDER ARTICLE 3 OF THE DIRECTIVE IN ANOTHER MEMBER STATE AND WHO , BY THAT TOKEN , MAY PRACTISE GENERAL MEDICINE IN THAT OTHER MEMBER STATE IS ENTITLED TO ESTABLISH HIMSELF AS A GENERAL PRACTITIONER IN THE MEMBER STATE OF WHICH HE IS A NATIONAL , EVEN IF THAT MEMBER STATE MAKES ENTRY TO THAT PROFESSION BY HOLDERS OF DIPLOMAS OF MEDICINE OBTAINED WITHIN ITS OWN BORDERS SUBJECT TO ADDITIONAL TRAINING REQUIREMENTS .
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1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCU- PATIONAL DISEASE - INVALIDITY COMMITTEE - RIGHT OF OBJECTION TO THE DOCTORS APPOINTED - NONE - PROTECTION OF OFFICIAL ' S INTERESTS DULY GUARANTEED - APPOINTMENT BY THE INSTITUTION OF A DOCTOR APPROVED BY THE INSURANCE COMPANY AND AUTHOR OF THE CONTESTED REPORT - LAWFULNESS

( STAFF REGULATIONS , ART . 73 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINT THE RISK OF ACCIDENT AND OF OCCU- PATIONAL DISEASE - INVALIDITY - ALLOWANCE - RIGHT TO PAYMENT - CONDITIONS - CONSOLIDATION OF ALL INJURIES

( STAFF REGULATIONS , ART . 73 )

3 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE - INVALIDITY - ALLOWANCE - NATURE OF FLAT-RATE ALLOWANCE - INTEREST - CONDITIONS FOR CLAIM - PAYMENT OF ALLOWANCE IMPROPERLY DELAYED BY THE ADMINISTRATION

( STAFF REGULATIONS , ART . 73 )

Summary

1 . THE RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE MADE PURSUANT TO ARTICLE 73 OF THE STAFF REGULATIONS PROVIDE NO RIGHT OF OBJECTION TO THE APPOINTMENT OF DOCTORS TO THE MEDICAL COMMITTEE .

THAT IS BECAUSE , AS FAR AS THE OFFICIAL IS CONCERNED , HIS INTERESTS ARE SAFEGUARDED BY THE PRESENCE ON THE MEDICAL COMMITTEE OF A MEMBER ENJOYING HIS CONFIDENCE AND BY THE APPOINTMENT OF THE THIRD MEMBER OF THE COMMITTEE BY AGREEMENT BETWEEN THE DOCTOR ENJOYING THE CONFIDENCE OF THE OFFICIAL AND THE MEMBER APPOINTED BY THE INSTITUTION . THE INSTITUTION CANNOT THEREFORE BE DENIED THE FREEDOM TO APPOINT THE DOCTOR WHOM IT CHOSE TO GIVE THE OPINION ON THE BASIS OF WHICH IT WAS TO DETERMINE THE DEGREE OF INVALIDITY OF THE OFFICIAL AND WHO IN THAT CAPACITY HAD ALREADY BEEN CONCERNED WITH HIS HEALTH EVEN THOUGH SUCH DOCTOR IS ALSO APPROVED BY THE INSURANCE COMPANY .

2 . IT FOLLOWS FROM THE RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE THAT ENTITLEMENT TO PAYMENT OF THE INVALIDITY ALLOWANCE DOES NOT ARISE AS AND WHEN EACH OF THE INJURIES HAS CONSOLIDATD BUT ONLY WHEN THE INJURIES HAVE CONSOLIDATED AND FOR THAT VERY REASON THE RULES GIVE A RIGHT TO A PROVISIONAL ALLOWANCE .

3 . UNDER THE INSURANCE PROVIDED FOR BY THE STAFF REGULATIONS OF OFFICIALS THE COMPENSATION PAYABLE IN THE EVENT OF INVALIDITY IS IN THE NATURE OF A FLAT-RATE AWARD ASSESSED ON THE BASIS OF THE LASTING EFFECTS OF AN ACCIDENT . INTEREST MAY THUS BE CLAIMED ONLY WHERE THE PERSON ENTITLED TO THAT AWARD IS ABLE TO ESTABLISH THAT PAYMENT THEREOF WAS IMPROPERLY DELAYED BY THE AD- MINISTRATION .
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OFFICIALS - REMUNERATION - ALLOWANCE COMPENSATING FOR THE SEPARATION ALLOWANCE PAID PRIOR TO THE STAFF REGULATIONS - PAYMENT OF A CURRENCY OTHER THAN THE BELGIAN FRANC - APPLICATION OF UPDATED EXCHANGE RATES - INAPPLICABILITY OF WEIGHTINGS

( STAFF REGULATIONS OF OFFICIALS , ARTS 63 , 64 AND 106 )

Summary

ARTICLE 106 OF THE STAFF REGULATIONS MUST BE UNDERSTOOD AS MEANING THAT IT ENTITLES AN OFFICIAL TO RECEIVE A SEPARATION ALLOWANCE THE AMOUNT OF WHICH , EXPRESSED IN BELGIAN FRANCS , HAS BEEN FROZEN AT THE 1961 LEVEL . THAT AMOUNT MUST BE CALCULATED IN THE NATIONAL CURRENCY OF THE PLACE WHERE AN OFFICIAL IS EMPLOYED AT THE RATE FIXED IN ARTICLE 63 OF THE STAFF REGULATIONS AS IN FORCE WHEN THE ALLOWANCE HAS TO BE PAID . THE WEIGHTING REFERRED TO IN ARTICLE 64 OF THE STAFF REGULATIONS DOES NOT APPLY TO THAT ALLOWANCE .
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OFFICIALS - BUILDING LOANS - AMOUNT EXPRESSED IN BELGIAN FRANCS - REPAYMENT IN THE CURRENCY OF THE COUNTRY WHERE THE PROPERTY TO BE FINANCED IS SITUATED - EXCHANGE RATE APPLICABLE - EXCHANGE RATE DEFINED IN ARTICLE 63 OF THE STAFF REGULATIONS - TRANSFERS MADE PURSUANT TO ARTICLE 17 OF ANNEX VII TO THE STAFF REGULATIONS - UPDATING OF THE EXCHANGE RATE DURING THE TERM OF THE LOAN AGREEMENT - APPLICATION OF THE NEW EXCHANGE RATE TO THE SUBSEQUENT MONTHLY REPAYMENT INSTALMENTS

( STAFF REGULATIONS , ART . 63 AND ANNEX VII , ART . 17 ; COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 )

Summary

WHERE IN A BUILDING LOAN AGREEMENT ENTERED INTO BETWEEN AN OFFICIAL OF THE EUROPEAN COMMUNITIES AND THE COMMISSION THE AMOUNT OF THE LOAN IS EXPRESSED IN BELGIAN FRANCS AND WHERE THE MONTHLY REPAYMENTS ARE MADE IN THE CURRENCY OF THE COUNTRY WHERE THE PROPERTY TO BE FINANCED IS SITUATED , THE AMOUNTS IN FOREIGN CURRENCY TRANSFERRED IN ORDER TO REPAY THE LOAN MUST BE CONVERTED INTO BELGIAN FRANCS ON THE BASIS OF THE PARITY RULING ON THE DATE OF THE TRANSFER , IT IS CONSONANT , ON THE ONE HAND , WITH THE PROVISIONS OF THE AGREEMENT , WHICH DOES NOT PROVIDE FOR A FIXED PARITY THROUGHOUT THE PERFORMANCE THEREOF BUT FOR THE VARIOUS PARITIES WHICH MIGHT APPLY SUCCESSIVELY AND , ON THE OTHER HAND , WITH THE FACT THAT THE BENEFICIARY OF THE LOAN IS AN OFFICIAL , FOR THE EXCHANGE RATE TO BE THE RATE FIXED AS A REFERENCE PARITY IN ARTICLE 63 OF THE STAFF REGULATIONS AND FOR THE MONTHLY TRANSFERS TO BE MADE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 17 OF ANNEX VII THERETO .

IN THE PERFORMANCE OF A LOAN AGREEMENT CONCLUDED BEFORE THE ENTRY INTO FORCE OF REGULATIONS NOS 3085/78 AND 3086/78 AMENDING INTER ALIA THE PROVISIONS OF ARTICLE 63 OF THE STAFF REGULATIONS AND OF ARTICLE 17 OF ANNEX VII THERETO , THE COMMISSION IS THEREFORE CORRECT TO APPLY TO THE MONTHLY REPAYMENTS FALLING DUE AFTER THE ENTRY INTO FORCE OF THE REGULATIONS IN QUESTION THE EXCHANGE RATE RESULTING FROM APPLICATION OF THE UPDATED PARITIES AND OF THE NEW VERSION OF ARTICLE 17 .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' PREPARED GLUES ' ' AND ' ' PRODUCTS SUITABLE FOR USE AS GLUES ' ' WITHIN THE MEANING OF HEADING 35.06 - CONCEPT - ADHESIVE PAPER STRIP OR STRIP OF UNVULCANIZED SYNTHETIC RUBBER - INCLUSION - CLASSIFICATION OF PRODUCT IN SUBHEADING 35.06 B - CONDITIONS - PACKAGE FOR SALE BY RETAIL NOT EXCEEDING A NET WEIGHT OF 1 KG - INDICATION SPECIFYING USE - LIMITS

Summary

1 . TARIFF HEADING 35.06 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS ALSO INCLUDING A PRODUCT DESCRIBED AS ' ' ADHESIVE PAPER STRIP ' ' OR AS ' ' STRIP , OF UNVULCANIZED SYNTHETIC RUBBER ' ' WOUND ON TO A SPOOL AND CONSISTING OF A DOUBLE-SIDED ADHESIVE STRIP AND A STRIP OF PAPER ( TREATED WITH SILICONE ) SEPARATING THE ADHESIVE STRIPS WHICH HAVE BEEN ROLLED UP AND WHICH IS USED IN SUCH A WAY THAT THE PAPER STRIP IS PEELED OFF AND THEREFORE DOES NOT ADHERE WHEN THE DOUBLE-SIDED ADHESIVE STRIP IS APPLIED .

2 . THE EXPRESSION ' ' PUT UP FOR SALE BY RETAIL . . . IN PACKAGES NOT EXCEEDING A NET WEIGHT OF 1 KG ' ' IN SUBHEADING 35.06 B IS TO BE INTERPRETED AS MEANING THAT THE PAPER STRIP DESCRIBED ABOVE MAY BE REGARDED AS A PACKAGE BUT THAT THE CLASSIFICATION OF THE ROLLS IN THAT SUBHEADING PRESUPPOSES THAT THEY ARE SUITABLE FOR SALE BY RETAIL WITHOUT ANY ADDITIONAL PACKAGING AND THAT THE NET WEIGHT OF THE ROLLS , THAT IS TO SAY THE WEIGHT OF THE ADHESIVE LAYER , DOES NOT EXCEED 1 KG .

3 . IF THE PRODUCT CANNOT BE PUT TO ANY USE OTHER THAN THAT OF AN ADHESIVE , THE PACKAGE NEED NOT , FOR THE PRODUCT TO BE CLASSIFIED IN SUBHEADING 35.06 B , BEAR ANY INDICATION AS TO ITS USE .
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1 . TAX PROVISIONS - INTERNAL TAXATION - PROVISIONS OF THE TREATY - SCOPE - CHARGE NOT OF A FISCAL NATURE - EXCLUSION - LIMITS

( EEC TREATY , ART . 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - CONCEPT - ELEMENT OF THE SALE PRICE OF A PRODUCT SUBJECT TO A MONOPOLY AND NOT IN THE NATURE OF A FISCAL CHARGE - EXCLUSION

( EEC TREATY , ART . 95 )

Summary

1 . THE SCOPE OF ARTICLE 95 OF THE EEC TREATY MAY NOT BE SO EXTENDED AS TO ALLOW ANY KIND OF COMPENSATION BETWEEN A TAX CREATED SO AS TO APPLY TO IMPORTED PRODUCTS AND A CHARGE OF A DIFFERENT NATURE IMPOSED , FOR EXAMPLE , FOR ECONOMIC PURPOSES ON THE SIMILAR DOMESTIC PRODUCT .

THERE MAY BE AN EXCEPTION TO THAT PRINCIPLE ONLY WHERE THE IMPORTED PRODUCT AND THE SIMILAR DOMESTIC PRODUCT ARE BOTH EQUALLY SUBJECT TO A GOVERNMENT TAX WHICH IS INTRODUCED AND QUANTIFIED BY THE PUBLIC ADMINISTRATION .

2 . THE TERM ' ' TAXATION ' ' , CONTAINED IN ARTICLE 95 OF THE EEC TREATY , MUST BE REGARDED AS COVERING , IN SO FAR AS THE SELLING PRICE FOR SPIRITS FIXED BY A NATIONAL MONOPOLY IS CONCERNED , ONLY THAT PART OF THE PRICE WHICH THE MONOPOLY IS REQUIRED BY LAW TO REMIT TO THE STATE TREASURY AS A TAX ON SPIRITS , DETERMINED AS TO AMOUNT , TO THE EXCLUSION OF ALL OTHER ELEMENTS OR CHARGES , ECONOMIC OR OTHER , INCLUDED IN THE CALCULATION OF THE MONOPOLY SELLING PRICE .
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1 . FREEDOM TO PROVIDE SERVICES - COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - PROOF OF TENDERER ' S GOOD STANDING AND QUALIFICATIONS - REQUIREMENT OF AN ESTABLISHMENT PERMIT - NOT PERMISSIBLE

( EEC TREATY , ART . 59 ; COUNCIL DIRECTIVE 71/305 , ARTS . 23 TO 26 )

2 . FREEDOM TO PROVIDE SERVICES - COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - ABNORMALLY LOW TENDER - OBLIGATIONS OF THE AUTHORITY AWARDING THE CONTRACT

( COUNCIL DIRECTIVE 71/305 , ART . 29 ( 5 ))

Summary

1 . COUNCIL DIRECTIVE 71/305 MUST BE INTERPRETED AS PRECLUDING A MEMBER STATE FROM REQUIRING A TENDERER IN ANOTHER MEMBER STATE TO FURNISH PROOF BY ANY MEANS , FOR EXAMPLE BY AN ESTABLISHMENT PERMIT , OTHER THAN THOSE PRESCRIBED IN ARTICLES 23 TO 26 OF THAT DIRECTIVE , THAT HE SATISFIES THE CRITERIA LAID DOWN IN THOSE PROVISIONS AND RELATING TO HIS GOOD STANDING AND QUALIFICATION .

THE RESULT OF THAT INTERPRETATION OF THE DIRECTIVE IS ALSO IN CONFORMITY WITH THE SCHEME OF THE TREATY PROVISIONS CONCERNING THE PROVISION OF SERVICES . TO MAKE THE PROVISION OF SERVICES IN ONE MEMBER STATE BY A CONTRACTOR ESTABLISHED IN ANOTHER MEMBER STATE CONDITIONAL UPON THE POSSESSION OF AN ESTABLISHMENT PERMIT IN THE FIRST STATE WOULD BE TO DEPRIVE ARTICLE 59 OF THE TREATY OF ALL EFFECTIVENESS , THE PURPOSE OF THAT ARTICLE BEING PRECISELY TO ABOLISH RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES BY PERSONS WHO ARE NOT ESTABLISHED IN THE STATE IN WHICH THE SERVICE IS TO BE PROVIDED .

2 . WHEN IN THE OPINION OF THE AUTHORITY AWARDING A PUBLIC WORKS CONTRACT A TENDERER ' S OFFER IS OBVIOUSLY ABNORMALLY LOW IN RELATION TO THE TRANSACTION ARTICLE 29 ( 5 ) OF DIRECTIVE 71/305 REQUIRES THE AUTHORITY TO SEEK FROM THE TENDERER , BEFORE COMING TO A DECISION AS TO THE AWARD OF THE CONTRACT , AN EXPLANATION OF HIS PRICES OR TO INFORM THE TENDERER WHICH OF HIS TENDERS APPEAR TO BE ABNORMAL , AND TO ALLOW HIM A REASONABLE TIME WITHIN WHICH TO SUBMIT FURTHER DETAILS .
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ACTION FOR DAMAGES - PERIOD OF LIMITATION - DATE OF COMMENCEMENT - LIABILITY ARISING FROM A LEGISLATIVE MEASURE - DATE ON WHICH THE INJURIOUS EFFECTS OF THE MEASURE ARE PRODUCED

( EEC TREATY , ART . 178 AND SECOND PARAGRAPH OF ART . 215 ; PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 43 )

Summary

AS IS APPARENT FORM ARTICLE 215 OF THE EEC TREATY AND ARTICLE 43 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE EXISTENCE OF AN UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS , ACTUAL DAMAGE AND A CAUSAL RELATIONSHIP BETWEEN THEM .

THE PERIOD OF LIMITATION WHICH APPLIES TO PROCEEDINGS IN MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY THEREFORE CANNOT BEGIN BEFORE ALL THE REQUIREMENTS GOVERNING THE OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE ARE SATISFIED AND IN PARTICULAR BEFORE THE DAMAGE TO BE MADE GOOD HAS MATERIALIZED . ACCORDINGLY , SINCE THE SITUATIONS CONCERNED ARE THOSE IN WHICH THE LIABILITY OF THE COMMUNITY HAS ITS ORIGIN IN A LEGISLATIVE MEASURE , THE PERIOD OF LIMITATION CANNOT BEGIN BEFORE THE INJURIOUS EFFECTS OF THAT MEASURE HAVE BEEN PRODUCED .
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MEASURES ADOPTED BY INSTITUTIONS - REGULATION NO 3318/80 - LEGAL NATURE

( EEC TREATY , ART . 189 ; COMMISSION REGULATION NO 3318/80 )

Summary

IT MUST BE DEDUCED FROM ITS PURPOSE , FROM THE FRAMEWORK OF THE REGULATIONS OF WHICH IT FORMS PART AND ALSO FROM ITS VERY NATURE THAT REGULATION NO 3318/80 TEMPORARILY SUSPENDING THE ADVANCE FIXING OF EXPORT REFUNDS FOR BEEF MEAT PRODUCTS IS INDEED A REGULATION WHICH IS OF GENERAL APPLICATION ; THE NATURE OF SUCH A MEASURE AS A REGULATION IS NOT CALLED IN QUESTION BY THE SOLE FACT THAT IT MAY BE POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF CERTAIN TRADERS CONCERNED .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - CRITERIA - OBJECTIVE PROPERTIES

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - EXPORT REFUNDS FOR CEREAL-BASED COMPOUND FEEDING-STUFFS - PROPORTION OF CEREAL PRODUCTS - DETERMINATION - CRITERIA - LACK OF EFFECT OF MANUFACTURING PROCESS

( COMMISSION REGULATIONS ( EEC ) NOS 661/72 AND 1121/72 )

3.AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - EXPORT REFUNDS FOR CEREAL-BASED COMPOUND FEEDING-STUFFS - PROPORTION OF CEREAL PRODUCTS - DETERMINATION - INGREDIENTS TO BE TAKEN INTO ACCOUNT - CONSTITUENTS

( COMMISSION REGULATIONS ( EEC ) NOS 661/72 AND 1121/72 )

Summary

1 . THE DECISIVE CRITERION FOR THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES MUST IN GENERAL BE SOUGHT IN THEIR OBJECTIVE CHARACTERISTICS AND PROPERTIES AS DEFINED BY THE WORDING OF THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND THE NOTES RELATING TO THE RELEVANT SECTIONS OR CHAPTERS THEREOF .

2 . FOR THE PURPOSE OF DETERMINING THE PROPORTION OF CEREAL PRODUCTS CONTAINED IN CEREAL-BASED COMPOUND FEEDING-STUFFS WITHIN THE MEANING OF REGULATIONS NOS 661/72 AND 1121/72 OF THE COMMISSION , ACCOUNT MUST BE TAKEN ONLY OF THE QUALITATIVE CRITERIA LAID DOWN BY THE COMMON CUSTOMS TARIFF , AND REFERENCE NEED NOT BE MADE TO THE MANUFACTURING PROCESS .

3 . THE PROPORTION OF CEREAL PRODUCTS CONTAINED IN COMPOUND FEEDING-STUFFS WITHIN THE MEANING OF REGULATIONS NOS 661/72 AND 1121/72 MUST BE DETERMINED BY TAKING ACCOUNT OF EACH OF THE INGREDIENTS OF THE COMPOUND FEEDING-STUFFS WHICH IN THEMSELVES CONFER ENTITLEMENT TO THE REFUNDS , SINCE EACH OF THOSE INGREDIENTS MAY ITSELF BE DERIVED FROM THE WORKING OR PROCESSING OF CEREALS BY A PROCESS INVOLVING A SEPARATE PRODUCTION TECHNIQUE .
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COMMON CUSTOMS TARIFF - SYSTEM OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES - CERTIFICATE OF ORIGIN OF GOODS - PRODUCTION AFTER EXPIRY OF THE PERIOD OF PREFERENTIAL TREATMENT - ADMISSIBILITY - CONDITIONS - FAILURE TO OBSERVE ADDITIONAL CONDITIONS IMPOSED BY NATIONAL LAW - NO INFLUENCE

( REGULATION ( EEC ) NO 3004/75 OF THE COUNCIL ; REGULATION ( EEC ) NO 3214/75 OF THE COMMISSION , ARTS 7 AND 11 )

Summary

1 . THE SUSPENSION OF CUSTOMS DUTIES PURSUANT TO ARTICLE 1 OF REGULATION ( EEC ) NO 3004/75 OF THE COUNCIL OPENING PREFERENTIAL TARIFFS FOR CERTAIN TEXTILE PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES MIGHT APPLY IN THE CASE OF GOODS WHICH WERE IMPORTED , PRESENTED AND ENTERED FOR HOME USE IN 1976 EVEN THOUGH THE CERTIFICATE OF ORIGIN WAS PRODUCED AFTER THAT REGULATION CEASED TO APPLY , PROVIDED THAT THE CERTIFICATE WAS VALID AND THAT IT WAS PRODUCED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN ARTICLES 7 AND 11 OF REGULATION NO 3214/75 OF THE COMMISSION .

2 . A VALID CERTIFICATE OF ORIGIN MUST BE ACCEPTED NOTWITHSTANDING ANY REQUIREMENT WHICH THE NATIONAL CUSTOMS AUTHORITIES HAVE THOUGHT IT NECESSARY TO IMPOSE UNILATERALLY .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - APPLICATION RATIONE TEMPORIS - NON- RETROACTIVITY - EXCEPTIONS - CONDITIONS

( EEC TREATY , ART . 191 )

2 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF THE REASONS ON WHICH MEASURES ARE BASED - DUTY TO PROVIDE - OBJECTIVE - SCOPE

( EEC TREATY , ART . 190 )

3 . EUROPEAN COMMUNITIES - OWN RESOURCES - COUNCIL DECISION OF 21 APRIL 1970 - OBJECTIVE - BUDGETARY MEASURE NOT OPERATING AS A BAR ON THE CREATION OF AN ISOGLUCOSE PRODUCTION LEVY

( COUNCIL DECISION OF 21 APRIL 1970 )

Summary

1 . ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COM- MUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

2 . THE STATEMENT OF THE REASONS ON WHICH A MEASURE IS BASED , WHICH IS REQUIRED BY ARTICLE 190 OF THE TREATY , MUST BE ADAPTED TO THE NATURE OF THE MEASURE IN QUESTION . IT MUST ENABLE THE REASONING OF THE COMMUNITY INSTITUTION RESPONSIBLE FOR THE MEASURE TO EMERGE CLEARLY AND UNEQUIVOCALLY SO AS TO ENABLE THOSE CONCERNED TO RECOGNIZE THE REASONS FOR THE MEASURE ADOPTED AND THE COURT TO EXERCISE ITS POWER OF REVIEW . THAT REQUIREMENT IS SATISFIED BY THE PREAMBLE TO A REGULATION WHICH , LACONIC AS IT MAY BE , SETS FORTH IN ESSENCE THE OBJECTIVE PURSUED BY THE INSTITUTION RESPONSIBLE FOR THE CONTESTED MEASURE .

3.THE PURPOSE OF THE COUNCIL DECISION OF 21 APRIL 1970 ON THE REPLACEMENT OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES ' OWN RESOURCES , ADOPTED IN PURSUANCE OF ARTICLE 201 OF THE TREATY BY THE MEMBER STATES IN CONFORMITY WITH THE PROVISIONS OF THAT ARTICLE , IS TO DEFINE OWN RESOURCES ALLOCATED TO THE COMMUNITY BUDGET AND NOT TO STIPULATE THE COMMUNITY INSTITUTIONS WHICH ARE COMPETENT TO IMPOSE DUTIES , TAXES , CHARGES , LEVIES OR OTHER FORMS OF REVENUE . AS A MEASURE ADOPTED UNDER BUDGETARY LAW , THAT DECISION DOES NOT PREVENT THE COUNCIL FROM CREATING A LEVY SUCH AS THE ONE IMPOSED ON THE PRODUCTION OF ISOGLUCOSE WHERE THE POWER OF THE COUNCIL TO CREATE THAT LEVY HAS ITS LEGAL BASIS IN THE PROVISIONS OF THE TREATY RELATING TO THE COMMON AGRICULTURAL POLICY .
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COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - APPLICATION TO DRUGS DISTRIBUTED THROUGH ILLEGAL CHANNELS - NOT PERMISSIBLE - PENALTIES FOR OFFENCES - POWERS OF MEMBER STATES

Summary

NO CUSTOMS DEBT ARISES UPON THE IMPORTATION OF DRUGS OTHERWISE THAN THROUGH ECONOMIC CHANNELS STRICTLY CONTROLLED BY THE COMPETENT AUTHORITIES FOR USE FOR MEDICAL AND SCIENTIFIC PURPOSES , REGARDLESS OF WHETHER THE DRUGS ARE DISCOVERED AND DESTROYED UNDER THE CONTROL OF THOSE AUTHORITIES OR ARE NOT DETECTED BY THEM .

THIS FINDING IS WITHOUT PREJUDICE TO THE POWERS OF MEMBER STATES TO TAKE CRIMINAL PROCEEDINGS IN RESPECT OF CONTRAVENTIONS OF THEIR DRUGS LAWS AND TO IMPOSE APPROPRIATE PENALTIES , INCLUDING FINES .
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APPLICATION FOR A DECLARATION OF NULLITY - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - CRITERIA

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COMMISSION REGULATION ( EEC ) NO 1962/81 )

Summary

REGULATION ( EEC ) NO 1962/81 , WHICH FIXES THE COEFFICIENTS TO BE APPLIED THROUGHOUT THE COMMUNITY TO THE PRODUCTION AID GRANTED TO ALL PRODUCERS OF TOMATO CONCENTRATES IN ORDER TO TAKE ACCOUNT OF THE DRY EXTRACT CONTENT AND THE DIFFERENT FORMS OF PACKING , IS EXCLUSIVELY LEGISLATIVE IN NATURE AND , ALTHOUGH IT MAY AFFECT CERTAIN UNDERTAKINGS , IT IS NOT OF DIRECT AND INDIVIDUAL CONCERN TO THEM WITHIN THE MEANING OF ARTICLE 173 OF THE EEC TREATY .