ddrg/super_eurlex huggingface dataset:
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PROCEDURE - JUDGMENT OF THE COURT - MEANING AND SCOPE - DIFFICULTY - INTERPRETATION - APPLICATION - LIMITED TO THE PARTIES

( STATUTE OF THE COURT OF JUSTICE OF THE EEC, ARTICLE 40 )

INTERPRETATION OF A JUDGMENT CAN BE REQUESTED ONLY BY THE PARTIES .
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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - SYSTEM PROVIDED FOR BY REGULATION NO 3 - RETENTION OF SEPARATE NATIONAL SYSTEMS AND OF SEPARATE CLAIMS

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - IMPLEMENTATION OF COMMUNITY RULES - RESPECT FOR THE RIGHTS TO WHICH RECIPIENTS ARE ENTITLED UNDER NATIONAL LEGISLATION

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - SIMULTANEOUS PAYMENT OF PENSIONS NOT OBLIGATORY

( REGULATION NO 3, ARTICLE 28 )

Summary

1 . CF . PARAGRAPH 3, SUMMARY, CASE 2/67 ( 1967 ) ECR 197 .

REGULATION N . 3 DID NOT PROVIDE FOR A COMMON SYSTEM OF SOCIAL SECURITY GIVING THE BENEFICIARY A SINGLE ENTITLEMENT BASED ON A SIMPLE APPORTIONMENT OF SUCH BENEFITS BETWEEN NATIONAL INSTITUTIONS, BUT ALLOWED SEPARATE SYSTEMS TO CONTINUE, CREATING SEPARATE INSTITUTIONS AGAINST WHICH THE BENEFICIARY HAS DIRECT RIGHTS EITHER UNDER NATIONAL LAW ALONE OR NATIONAL LAW SUPPLEMENTED, IF NECESSARY, BY COMMUNITY LAW .

*/ 667J0002 /*.

2 . SINCE THE SYSTEM OF SOCIAL SECURITY FOR MIGRANT WORKERS AIMS AT CONFERRING ON MIGRANT WORKERS THE ADVANTAGES CORRESPONDING TO THEIR VARIOUS PERIODS OF WORK, IT MAY NOT, IN THE ABSENCE OF AN EXPRESS EXCEPTION IN CONFORMITY WITH THE OBJECTIVES OF THE TREATY, BE APPLIED SO AS TO DEPRIVE THE PERSONS CONCERNED OF THE BENEFIT OF PART OF THE LEGISLATION OF A MEMBER STATE .

CF . PARAGRAPH 1, SUMMARY, CASE 46/66, ( 1966 ) ECR 616 .

3 . THERE IS NO GENERAL OBLIGATION IN COMMUNITY LAW REQUIRING BENEFICIARIES TO CLAIM THE SIMULTANEOUS PAYMENT OF THE VARIOUS PENSIONS TO WHICH THEY ARE ENTITLED .
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1 . OFFICIALS - RECRUITMENT - VACANCY NOTICES AND NOTICES OF COMPETITION - SPECIFIC REQUIREMENTS - DEFINITION OF DUTIES - SPECIAL DETAILS - POWERS OF THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS OF THE COMMUNITIES, ARTICLES 2, 4, 5 AND 29 AND ANNEX III, ARTICLE 1 )

2 . OFFICIALS - RECRUITMENT - VACANCY NOTICES AND NOTICES OF COMPETITION - SPECIFIC REQUIREMENTS - DEFINITION OF DUTIES - SPECIAL DETAILS - CRITERION OF NATIONALITY - KNOWLEDGE OF A SYSTEM OF NATIONAL LAW

( STAFF REGULATIONS OF OFFICIALS OF THE COMMUNITIES, ARTICLE 27 )

3 . OFFICIALS - RECRUITMENT - COMPETITION - PROMOTIONS COMMITTEE - JOINT COMMITTEE - POWERS - LIMITS

( STAFF REGULATIONS OF OFFICIALS OF THE COMMUNITIES, ARTICLES 9 AND 45, ANNEX II, ARTICLES 2 AND 3, ANNEX III, ARTICLE 1 )

4 . OFFICIALS - RECRUITMENT - COMPETITION OPEN TO A HIGHER GRADE OF A CAREER BRACKET - EXCEPTIONAL NATURE - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS OF THE COMMUNITIES, ARTICLE 31(2 ))

Summary

1 . WHEN THE DEFINITION OF DUTIES ADOPTED BY THE INSTITUTION DOES NOT CONTAIN THE ESSENTIAL INFORMATION FOR PROCURING ( BY WAY OF VACANCY NOTICES OR NOTICES OF COMPETITION ) THE MOST SUITABLE APPLICATIONS FOR THE POSTS TO BE FILLED, IT IS FOR THE APPOINTING AUTHORITY, AS THE BODY RESPONSIBLE UNDER THE STAFF REGULATIONS FOR ISSUING THE NOTICES IN QUESTION TO ADD TO THE DEFINITION DRAWN UP BY THE INSTITUTION THE NECESSARY SPECIFIC REQUIREMENTS, HAVING REGARD TO THE NEEDS OF THE SERVICE .

IN SO FAR AS THE APPOINTING AUTHORITY KEEPS WITHIN THE DEFINITION LAID DOWN BY THE INSTITUTION, IT IS A PERMISSIBLE METHOD OF CARRYING OUT PROMOTIONS OR RECRUITMENT POLICY TO STIPULATE, AS REGARDS DUTIES CALLING FOR SPECIFIC QUALIFICATIONS, SPECIAL DETAILS WITH REGARD TO POSTS WHICH ARE THE SUBJECT OF VACANCY NOTICES OR NOTICES OF COMPETITION .

2 . ALTHOUGH THE STAFF REGULATIONS PROHIBIT THE RESERVATION OF A POST FOR NATIONALS OF ANY SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY NEVERTHELESS LEGITIMATELY MAKE ITS CHOICE DEPEND, AS REGARDS THE RECRUITMENT OF AN OFFICIAL TO THE LEGAL DEPARTMENT, ON KNOWLEDGE AND EXPERIENCE OF A GIVEN NATIONAL LEGAL SYSTEM .

3 . THE PROMOTIONS COMMITTEE, AS REGARDS THE QUESTION WHETHER PROMOTION CAN BE EFFECTED WITHIN THE INSTITUTION, AND THE JOINT COMMITTEE, AS REGARDS THE DRAWING UP OF THE NOTICE OF COMPETITION, EXERCISE THEIR POWERS WITHIN THE FRAMEWORK OF THE POWERS CONFERRED BY THE STAFF REGULATIONS BOTH ON THE INSTITUTION ITSELF AND ON THE APPOINTING AUTHORITY AND HAVING REGARD TO THE SPECIAL FEATURES OF THE POST TO BE FILLED .

4 . IT IS ONLY PERMISSIBLE TO MAKE APPOINTMENTS BY WAY OF OPEN COMPETITIONS TO THE HIGHER GRADE OF A CAREER BRACKET IN EXCEPTIONAL CASES WHERE RECOURSE TO THE PROVISIONS OF ARTICLE 31(2 ) IS JUSTIFIED BY THE SPECIFIC NEEDS OF THE SERVICE, WHICH CALL FOR THE RECRUITMENT OF A SPECIALLY QUALIFIED OFFICIAL .
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1 . POLICY OF THE EEC - COMPETITION - AGREEMENTS BETWEEN UNDERTAKINGS - PROHIBITION IN ARTICLE 85(1 ) - CONSIDERATION OF THE ECONOMIC AND LEGAL CONTEXT

2 . POLICY OF THE EEC - COMPETITION - AGREEMENTS WHICH MAY EFFECT TRADE BETWEEN MEMBER STATES - CONCEPT

( EEC TREATY, ARTICLE 85 )

3 . POLICY OF THE EEC - COMPETITION - BREWERY CONTRACTS - PROHIBITION IN ARTICLE 85(1 ) - CONDITIONS OF APPLICATION

Summary

1 . FOR THE PURPOSE OF EXAMINING WHETHER A CONTRACT IS CAUGHT BY ARTICLE 85(1 ) IT CANNOT BE EXAMINED IN ISOLATION FROM ITS ECONOMIC AND LEGAL CONTEXT, THAT IS, FROM THE FACTUAL OR LEGAL CIRCUMSTANCES CAUSING IT TO PREVENT, RESTRICT OR DISTORT COMPETITION .

2 . TO BE CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES, IT MUST BE POSSIBLE FOR AN AGREEMENT, DECISION OR PRACTICE, WHEN VIEWED IN THE LIGHT OF ALL THE OBJECTIVE FACTUAL OR LEGAL CIRCUMSTANCES, TO APPEAR TO BE CAPABLE OF HAVING SOME INFLUENCE, DIRECT OR INDIRECT, ON TRADE BETWEEN MEMBER STATES, OF BEING CONDUCIVE TO A PARTITIONING OF THE MARKET OR OF HAMPERING THE ECONOMIC INTERPENETRATION SOUGHT BY THE TREATY .

CF . PARAGRAPH 7, SUMMARY, CASE 56/65 ( 1967 ) ECR

3 . AGREEMENTS WHEREBY AN UNDERTAKING AGREES TO OBTAIN ITS SUPPLIES FROM ONE UNDERTAKING TO THE EXCLUSION OF ALL OTHERS DO NOT BY THEIR VERY NATURE NECESSARILY INCLUDE ALL THE ELEMENTS CONSTITUTING INCOMPATIBILITY WITH THE COMMON MARKET REFERRED TO IN ARTICLE 85(1 ) OF THE TREATY . SUCH AGREEMENTS MAY, HOWEVER, EXHIBIT SUCH ELEMENTS WHERE, TAKEN EITHER IN ISOLATION OR TOGETHER WITH OTHERS, AND IN THE ECONOMIC AND LEGAL CONTEXT IN WHICH THEY ARE MADE, ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT, THEY MAY AFFECT TRADE BETWEEN MEMBER STATES AND WHERE THEY HAVE EITHER AS THEIR OBJECT OR EFFECT THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION .
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1 . OFFICIALS - RULES RELATING TO ACTING AS DEPUTY FOR ANOTHER OFFICIAL - POWERS OF THE ADMINISTRATION - RULES RELATING TO TEMPORARY POSTING - APPLICATION OF THOSE RULES RESERVED FOR OFFICIALS IN THE SAME CATEGORY AS THOSE TO BE REPLACED

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 7 )

2 . COSTS - ORDER FOR EACH PARTY TO BEAR OWN COSTS - EXCEPTIONAL CIRCUMSTANCES

( RULES OF PROCEDURE, ARTICLE 69(3 ))

Summary

1 . THE SYSTEM FOR THE TEMPORARY REPLACEMENT OF ABSENT OFFICERS FORMS PART OF THE GENERAL POWERS OF ANY ADMINISTRATION IN RESPECT OF THE ORGANIZATION OF ITS DEPARTMENTS, WHICH IT MAY USE FOR THE PURPOSE OF ENSURING THE CONTINUITY OF THE SERVICE WHEN THE HOLDER OF A POST IS ABSENT OR PREVENTED FROM ATTENDING TO HIS DUTIES . SUCH REPLACEMENT MAY ONLY CONTINUE FOR AS LONG AS IS REQUIRED FOR THE NORMAL FUNCTIONING OF THE DEPARTMENT, HAVING REGARD TO THE OBJECTIVE NEEDS OF THAT DEPARTMENT . SINCE TEMPORARY POSTING IS ONLY PERMISSIBLE WITHIN THE CATEGORY OF THE OFFICIAL TO BE REPLACED, IT CANNOT BE APPLIED TO A PERSON REPLACING AN OFFICIAL IN A CATEGORY OTHER THAN HIS OWN .

2 . EXCEPTIONAL CIRCUMSTANCES JUSTIFYING AN ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART EXIST WHERE THE SILENCE OF A LEGAL PROVISION AS TO THE POSITION IN LAW OF THE APPLICANT WAS SUCH AS TO CREATE DOUBTS REGARDING THE RULES OF LAW APPLICABLE .
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1 . EEC - COMMUNITY LEGAL SYSTEM - SPECIAL NATURE - STATUS IN RELATION TO NATIONAL LEGAL SYSTEMS - SUPREMACY OF RULES OF COMMUNITY LAW

2 . POLICY OF THE EEC - COMPETITION RULES - CARTELS - PARALLEL ACTION BY COMMUNITY AND NATIONAL AUTHORITIES - PERMISSIBLE SUBJECT TO OBSERVANCE OF COMMUNITY LAW - REQUIREMENT OF NATURAL JUSTICE IN THE EVENT OF CONCURRENT APPLICATION OF COMMUNITY AND NATIONAL SANCTIONS

( EEC TREATY, ARTICLE 85(1 ); ARTICLE 87(2 ))

3 . EEC TREATY - PRINCIPLES - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - DISPARITY OF TREATMENT RESULTING FROM DIFFERENCES BETWEEN NATIONAL LEGISLATIVE SYSTEMS NOT REFERRED TO

( EEC TREATY, ARTICLE 7 )

Summary

1 . THE EEC TREATY HAS ESTABLISHED ITS OWN SYSTEM OF LAW, INTEGRATED INTO THE LEGAL SYSTEMS OF THE MEMBER STATES, AND WHICH MUST BE APPLIED BY THEIR COURTS . IT WOULD BE CONTRARY TO THE NATURE OF SUCH A SYSTEM TO ALLOW MEMBER STATES TO INTRODUCE OR TO RETAIN MEASURES CAPABLE OF PREJUDICING THE PRACTICAL EFFECTIVENESS OF THE TREATY .

THE BINDING FORCE OF THE TREATY AND OF MEASURES TAKEN IN APPLICATION OF IT MUST NOT DIFFER FROM ONE STATE TO ANOTHER AS A RESULT OF INTERNAL MEASURES LEST THE FUNCTIONING OF THE COMMUNITY SYSTEM SHOULD BE IMPEDED AND THE ACHIEVEMENT OF THE AIMS OF THE TREATY PLACED IN PERIL .

CONSEQUENTLY, CONFLICTS BETWEEN THE RULES OF THE COMMUNITY AND NATIONAL RULES MUST BE RESOLVED BY APPLYING THE PRINCIPLE THAT COMMUNITY LAW TAKES PRECEDENCE .

2 . SO LONG AS A REGULATION ADOPTED PURSUANT TO ARTICLE 87(2)(E ) OF THE TREATY HAS NOT PROVIDED OTHERWISE, NATIONAL AUTHORITIES MAY TAKE ACTION AGAINST AN AGREEMENT IN ACCORDANCE WITH THEIR NATIONAL COMPETITION LAWS, EVEN WHEN AN EXAMINATION OF THE AGREEMENT FROM THE POINT OF VIEW OF ITS COMPATIBILITY WITH COMMUNITY LAW IS PENDING BEFORE THE COMMISSION, SUBJECT HOWEVER TO THE CONDITION THAT THE APPLICATION OF NATIONAL LAW MUST NOT PREJUDICE THE FULL AND UNIFORM APPLICATION OF COMMUNITY LAW OR THE EFFECTS OF MEASURES TAKEN TO IMPLEMENT IT . IF THE EXISTENCE OF PARALLEL PROCEDURES ENTAILS CONSECUTIVE SANCTIONS, A GENERAL REQUIREMENT OF NATURAL JUSTICE DEMANDS THAT ANY PREVIOUS PUNITIVE DECISION MUST BE TAKEN INTO ACCOUNT IN DETERMINING ANY SANCTION WHICH IS TO BE IMPOSED .

3 . ARTICLE 7 OF THE EEC TREATY WHICH PROHIBITS EACH MEMBER STATE FROM APPLYING ITS LAW DIFFERENTLY ON THE GROUND OF THE NATIONALITY OF THE PARTIES CONCERNED WITH THE DISPARITIES IN TREATMENT OR THE DISTORTIONS WHICH MAY RESULT, FOR PERSONS AND UNDERTAKINGS SUBJECT TO THE JURISDICTION OF THE COMMUNITY, FROM DIVERGENCES EXISTING BETWEEN THE LAWS OF THE VARIOUS MEMBER STATES, PROVIDED THAT THESE AFFECT ALL PERSONS SUBJECT TO THEM IN ACCORDANCE WITH OBJECTIVE CRITERIA AND WITHOUT REGARD TO THEIR NATIONALITY .
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1 . CUSTOMS DUTIES - ELIMINATION - PURPOSE

( EEC TREATY, ARTICLES 9, 12 )

2 . CUSTOMS DUTIES - ELIMINATION - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - IDENTITY IN THE TREATY AND IN THE REGULATIONS - NATIONAL TAXATION AND CHARGES HAVING EQUIVALENT EFFECT - DISTINCTION

( EEC TREATY, ARTICLES 9, 12, 95 )

3 . CUSTOMS DUTIES - ELIMINATION - CREATION OF NEW CHARGES PROHIBITED - ABSOLUTE NATURE OF SUCH PROHIBITION

( EEC TREATY, ARTICLES 9, 12 )

Summary

1 . CUSTOMS DUTIES ARE PROHIBITED INDEPENDENTLY OF ANY CONSIDERATION OF THE PURPOSE FOR WHICH THEY WERE INTRODUCED AND THE DESTINATION OF THE REVENUE OBTAINED THEREFROM .

2 . ( A ) ANY PECUNIARY CHARGE, HOWEVER SMALL AND WHATEVER DESIGNATION AND MODE OF APPLICATION, WHICH WHICH IS IMPOSED UNILATERALLY ON DOMESTIC OR FOREIGN GOODS WHEN THEY CROSS A FRONTIER, AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE, CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9, 12, 13 AND 16 OF THE TREATY, EVEN IF IT IS NOT IMPOSED FOR THE BENEFIT OF THE STATE, IS NOT DISCRIMINATORY OR PROTECTIVE IN EFFECT OR IF THE PRODUCT ON WHICH THE CHARGE IS IMPOSED IS NOT IN COMPETITION WITH ANY DOMESTIC PRODUCT .

( B ) THE REGULATIONS RELATING TO THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS ARE NOT INTENDED TO CONFER ON THE CONCEPT OF A CHARGE HAVING EQUIVALENT EFFECT A SCOPE DIFFERENT FROM THAT WHICH IT HAS WITHIN THE FRAMEWORK OF THE TREATY ITSELF, ESPECIALLY AS, WHEN THOSE REGULATIONS TAKE ACCOUNT OF THE PARTICULAR CONDITIONS FOR ESTABLISHING A COMMON MARKET IN AGRICULTURAL PRODUCTS, THEY PURSUE THE SAME OBJECTIVES AS ARTICLES 9 TO 13 OF THE TREATY WHICH THEY IMPLEMENT .

3 . ( A ) THE PROHIBITION OF NEW CUSTOMS DUTIES OR CHARGES HAVING EQUIVALENT EFFECT, LINKED TO THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS, CONSTITUTES A FUNDAMENTAL RULE WHICH, WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THE TREATY, DOES NOT PERMIT OF ANY EXCEPTIONS .

( B ) IT FOLLOWS FROM ARTICLES 95 ET SEQ . THAT THE CONCEPT OF A CHARGE HAVING EQUIVALENT EFFECT DOES NOT INCLUDE TAXATION WHICH IS IMPOSED IN THE SAME WAY WITHIN A STATE ON IMPORTED PRODUCTS AND SIMILAR DOMESTIC PRODUCTS, OR WHICH FALLS, IN THE ABSENCE OF COMPARABLE DOMESTIC PRODUCTS, WITHIN THE FRAMEWORK OF TAXATION OF THIS NATURE WITHIN THE LIMITS LAID DOWN BY THE TREATY .

THE RENDERING OF SPECIFIC SERVICE MAY IN CERTAIN CASES WARRANT THE PAYMENT OF A FREE IN PROPORTION TO THE SERVICE ACTUALLY RENDERED .
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OBLIGATIONS OF MEMBER STATES - FAILURE TO FULFIL - APPLICATION BY THE COMMISSION - SUBJECT-MATTER - ALTERATION IN THE COURSE OF THE PROCEEDINGS - INADMISSIBILITY

( EEC TREATY, ARTICLE 169 )

Summary

BECAUSE OF THE IMPORTANCE WHICH THE TREATY ATTACHES TO THE ACTION AVAILABLE TO THE COMMUNITY AGAINST MEMBER STATES FOR FAILURE TO FULFIL OBLIGATIONS, THIS PROCEDURE IS IN ARTICLE 169 SURROUNDED BY GUARANTEES WHICH MUST NOT BE IGNORED, PARTICULARLY IN VIEW OF THE OBLIGATION IMPOSED BY ARTICLE 171 ON MEMBER STATES TO TAKE AS A CONSEQUENCE OF THIS ACTION THE NECESSARY MEASURES TO COMPLY WITH THE JUDGMENT OF THE COURT . ACCORDINGLY THE COURT CANNOT GIVE JUDGMENT ON A FAILURE TO FULFIL AN OBLIGATION OCCURRING AFTER LEGISLATION HAS BEEN AMENDED DURING THE COURSE OF THE PROCEEDINGS WITHOUT THEREBY ADVERSELY AFFECTING THE RIGHTS OF THE MEMBER STATE TO PUT FORWARD ITS ARGUMENTS IN DEFENCE BASED ON COMPLAINTS FORMULATED ACCORDING TO THE PROCEDURE LAID DOWN BY ARTICLE 169 . IN SUCH CIRCUMSTANCES IT IS FOR THE COMMISSION TO COMMENCE NEW PROCEEDINGS UNDER ARTICLE 169 WITH REGARD TO THE EFFECTS OF THE LEGISLATION, AND IF NECESSARY TO REFER TO THE COURT THE SPECIFIC SHORTCOMING UPON WHICH IT DESIRES THE COURT TO PRONOUNCE .
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1 . MEASURES ADOPTED BY AN INSTITUTION - DECISION ADDRESSED TO ALL MEMBER STATES - INTERPRETATION - CRITERIA - CONSIDERATION OF DIFFERENT LANGUAGE VERSIONS OF THE MEASURE IN QUESTION

( EEC TREATY, ARTICLE 189 )

2 . COMMUNITY LAW - GENERAL PRINCIPLES - FUNDAMENTAL HUMAN RIGHTS INCLUDED - RESPECT FOR THESE ENSURED BY THE COURT

Summary

1 . WHEN A SINGLE DECISION IS ADDRESSED TO ALL THE MEMBER STATES THE NECESSITY FOR UNIFORM APPLICATION AND ACCORDINGLY FOR UNIFORM INTERPRETATION MAKES IT IMPOSSIBLE TO CONSIDER ONE VERSION OF THE TEXT IN ISOLATION BUT REQUIRES THAT IT BE INTERPRETED ON THE BASIS OF BOTH THE REAL INTENTION OF ITS AUTHOR AND THE AIM HE SEEKS TO ACHIEVE, AND IN THE LIGHT IN PARTICULAR OF THE VERSIONS IN ALL FOUR LANGUAGES .

2 . THE PROVISION AT ISSUE CONTAINS NOTHING CAPABLE OF PREJUDICING THE FUNDAMENTAL HUMAN RIGHTS ENSHRINED IN THE GENERAL PRINCIPLES OF COMMUNITY LAW AND PROTECTED BY THE COURT .
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1 . OFFICIALS - PROMOTION - CLASSIFICATION IN THE NEW GRADE - CRITERIA - " NOTIONAL " STEPS

( FIRST SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 46 OF THE STAFF REGULATIONS OF OFFICIALS )

2 . OFFICIALS - PROMOTION - CLASSIFICATION IN THE NEW GRADE - CRITERIA - BASIC SALARY

( SECOND SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 46 AND ARTICLE 66 OF THE STAFF REGULATIONS OF OFFICIALS )

Summary

1 . THE PURPOSE OF THE FIRST SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 46 IS, IN CASES OF PROMOTION, TO ENSURE BY TAKING INTO ACCOUNT THE " NOTIONAL STEPS " THAT THE SENIORITY WHICH MAY HAVE BEEN ACQUIRED BY THE OFFICIAL CONCERNED IS MAINTAINED FOR THE PURPOSES OF FUTURE TWO-YEARLY INCREMENTS . THE PHRASE " THROUGHOUT THE SPAN OF THE ACTUAL STEPS " MUST BE INTERPRETED AS REFERRING TO THE INTERMEDIATE INTERVALS OF REMUNERATION BETWEEN THOSE STEPS, THE LAST OF WHICH REPRESENTS A LIMIT WHICH CANNOT BE EXCEEDED WITHOUT DISTORTING THE SYSTEM OF SCALES OF REMUNERATION PROVIDED FOR IN THE STAFF REGULATIONS .

2 . THE PURPOSE OF THE SECOND SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 46 IS TO ENSURE THAT AN OFFICIAL WHO IS PROMOTED TO A HIGHER GRADE IS CLASSIFIED IN SUCH A STEP OF THAT GRADE THAT THE BASIC SALARY AS FIXED IN THE TABLE APPEARING IN ARTICLE 66 IS AT LEAST EQUAL TO THE BASIC SALARY PAYABLE IN HIS FORMER GRADE .
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OFFICIALS - AUXILIARY STAFF - TERMINATION OF EMPLOYMENT - APPOINTMENT TO THE TEMPORARY STAFF FOR A LIMITED PERIOD - LEAVE - DAYS NOT TAKEN DURING TIME OF EMPLOYMENT AS AUXILIARY SERVANT - CARRYING FORWARD NOT JUSTIFIED - REMUNERATION

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, ARTICLE 58 )

Summary

WHEN A MEMBER OF THE AUXILIARY STAFF IS APPOINTED TO THE TEMPORARY STAFF FOR A FIXED PERIOD THE LIMITATION ON THE DURATION OF HIS CONTRACT AND UNCERTAINTY WHETHER OR NOT IT WILL BE EXTENDED MAKE IT IMPRACTICABLE TO CONTEMPLATE THE CARRYING FORWARD OF LEAVE NOT TAKEN OWING TO THE REQUIREMENTS OF THE SERVICE . THESE DAYS MUST THEREFORE BE PAID AS DAYS WORKED .
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1 . INFORMATION - CHECKS - INSTRUCTIONS FOR CARRYING THEM OUT - NO DELEGATION OF POWERS - FREE CHOICE OF AGENTS

( ECSC TREATY, ARTICLE 47 )

2 . COMMON FINANCIAL ARRANGEMENTS - FERROUS SCRAP - EQUALIZATION - DRAWING UP OF FINAL ACCOUNTS - CAPITALIZED INTEREST ON CREDIT AND DEBIT BALANCES - LEGALITY

( GENERAL DECISION OF THE HIGH AUTHORITY ECSC NO 19/65 OF 15 DECEMBER 1965, ARTICLE 5 )

3 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - GENERAL DECISION TAKEN WITH THE ASSENT OF THE COUNCIL - RECOMMENDATIONS FORMULATED IN THE ASSENT WITHOUT EFFECT ON THE ASSESSMENT OF THE POWERS PROVIDED FOR IN THE DECISION

( ECSC TREATY, ARTICLE 53 )

4 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - NORMAL DISADVANTAGES - ABSENCE OF DAMAGE

( ECSC TREATY, ARTICLE 40, ARTICLE 53 )

5 . LIABILITY OF THE ECSC - WRONGFUL ACT OR OMISSION - EXISTENCE OF FRAUDS - FAILURE OF THE ADMINISTRATION IN ITS DUTY OF SUPERVISION - INSUFFICIENT PROOF

( ECSC TREATY, ARTICLE 40 )

Summary

1 . SINCE ARTICLE 47 EMPOWERS THE HIGH AUTHORITY TO HAVE CHECKS MADE, THE INSTRUCTIONS WHICH IT GIVES FOR THE CARRYING OUT OF SUCH CHECKS CONSTITUTES THE ACTUAL EXERCISE OF ITS OWN POWERS AND NOT A DELEGATION OF THEM; CONSEQUENTLY THE FORMS AND THE PUBLICITY REQUIRED FOR A DELEGATION OF POWERS ARE NOT APPLICABLE IN THIS CASE .

THE EXPRESSION " HAVE ... MADE " SHOWS CLEARLY THAT THE HIGH AUTHORITY IS NOT REQUIRED TO CARRY OUT THE CHECKS MENTIONED EXCLUSIVELY BY MEANS OF ITS OWN SERVANTS BUT THAT IT MAY HAVE THEM CARRIED OUT BY ANY PERSON WHOM IT CONSIDERS COMPETENT FOR THIS WORK .

2 . THE NECESSITY FOR BALANCE IN THE MANAGEMENT OF THE SCHEME, EQUALITY OF TREATMENT AND THE INTERDEPENDENCE OF PAYMENTS REQUIRE THE APPLICATION OF A SINGLE RATE OF INTEREST TO CREDIT AND TO DEBIT BALANCES . THE INTRODUCTION OF A SYSTEM BY WHICH INTEREST IS CAPITALIZED INFRINGES NEITHER THE TREATY NOR THE RULES OF LAW CONCERNING ITS APPLICATION, BUT THE PAYMENT OF SUCH INTEREST CANNOT BE REQUIRED WHILST DEBTORS HAVE NOT BEEN INFORMED OF THEIR POSITION AS SUCH .

3 . THE RECOMMENDATIONS DRAWN UP BY THE COUNCIL UPON THE GIVING OF AN ASSENT CANNOT HAVE THE EFFECT OF RESTRICTING OR MODIFYING THE EXPRESS POWERS CONFERRED BY THE DECISION WHICH IS THE SUBJECT OF THAT ASSENT .

THE LEGALITY OF DECISIONS TAKEN IN IMPLEMENTATION OF A GENERAL DECISION WHICH HAS BEEN THE SUBJECT OF AN ASSENT CAN THEREFORE BE EXAMINED ONLY ON THE BASIS OF THE ACTUAL PROVISIONS OF THAT GENERAL DECISION .

4 . THE INEVITABLE AND INHERENT DISADVANTAGES IN THE EQUALIZATION SCHEME WHICH OF ITS NATURE NECESSITATES A POSTERIORI CALCULATIONS FOR THE FIXING OF THE RATE DO NOT CONSTITUTE DAMAGE GIVING A RIGHT TO COMPENSATION .

5 . THE EXISTENCE OF FRAUDS DOES NOT ALONE SUFFICE TO PROVE THAT THE ADMINISTRATION HAS FAILED IN ITS DUTIES OF SUPERVISION AND CONSEQUENTLY IS GUILTY OF A WRONGFUL ACT OR OMISSION .
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MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - LIABILITY - EXTENT CONSTITUTIONALLY INDEPENDENT INSTITUTIONS

( EEC TREATY, ARTICLE 169 )

Summary

THE LIABILITY OF A MEMBER STATE UNDER ARTICLE 169 ARISES WHATEVER THE AGENCY OF THE STATE WHOSE ACTION OR INACTION IS THE CAUSE OF THE FAILURE TO FULFIL ITS OBLIGATIONS, EVEN IN THE CASE OF A CONSTITUTIONALLY INDEPENDENT INSTITUTION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT OR EXPORT LICENCES - ADVANCE FIXING OF THE LEVY - FORFEITURE OF DEPOSIT - CALCULATING - RATE OF LEVY APPLICABLE

( REGULATION NO 473/67 OF THE COMMISSION, ARTICLE 8 ( 3 ) ( B ))

Summary

THE LEVY FIXED IN ADVANCE, WHICH IS TO BE TAKEN IN CONSIDERATION IN CALCULATING THE DEPOSIT OR PART OF THE DEPOSIT WHICH IS FORFEIT, IN ACCORDANCE WITH ARTICLE 8 ( 3 ) ( B ) OF REGULATION NO 473/67 OF THE COMMISSION, IS THE RATE OF LEVY FIXED FOR THE MONTH OF IMPORTATION AS STATED IN THE APPLICATION FOR THE IMPORT LICENCE .
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1 . PROCEDURE - FAILURE TO ACT ON THE PART OF THE COMMISSION - RAISING THE MATTER - OBSERVANCE OF REASONABLE PERIOD

( ECSC TREATY, ARTICLE 35 )

2 . ECSC - GENERAL PROVISIONS - OBLIGATIONS OF MEMBER STATES - INFRINGEMENT OF THE TREATY BY A MEMBER STATE - USE BY ANOTHER MEMBER STATE OF THE PROCEDURES LAID DOWN BY THE TREATY - LIMITATION IN TIME

( ECSC TREATY, ARTICLE 86 )

Summary

1 . IT FOLLOWS FROM THE COMMON PURPOSE OF ARTICLES 33 AND 35 THAT THE REQUIREMENTS OF LEGAL CERTAINTY AND OF THE CONTINUITY OF COMMUNITY ACTION UNDERLYING THE TIME-LIMITS FOR BRINGING PROCEEDINGS LAID DOWN IN ARTICLE 33 MUST ALSO BE TAKEN INTO ACCOUNT - HAVING REGARD TO THE SPECIAL DIFFICULTIES WHICH THE SILENCE OF THE COMPETENT AUTHORITIES MAY INVOLVE FOR THE INTERESTED PARTIES - IN THE EXERCISE OF THE RIGHTS CONFERRED BY ARTICLE 35 . WHERE THE COMMISSION FAILS TO ACT THE INTERESTED PARTIES ARE THEREFORE BOUND TO RAISE THE MATTER WITH THE COMMISSION WITHIN A REASONABLE PERIOD . THIS IS SO A FORTIORI ONCE IT IS CLEAR THAT THE COMMISSION HAS DECIDED TO TAKE NO ACTION .

2 . THE DUTY OF COOPERATION IMPOSED ON MEMBER STATES BY ARTICLES 86 MUST PROMPT A MEMBER STATE WHICH CONSIDERS THAT A MEASURE ADOPTED BY ANOTHER MEMBER STATE IS CONTRARY TO THE TREATY TO RESORT TO THE PROCEDURES OR MEANS OF LEGAL ACTION PLACED AT ITS DISPOSAL BY THE TREATY IN SUFFICIENT TIME TO ENSURE THAT EFFECTIVE INTERVENTION IS STILL POSSIBLE AND THAT THE POSITION OF THIRD PARTIES IS NOT NEEDLESSLY CALLED IN ISSUE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE PENSIONS - NATIONAL LEGISLATION - DIFFERENT KINDS OF BENEFIT - ENTITLEMENT TO BENEFIT OF A MORE ADVANTAGEOUS KIND - AGGREGATION OF INSURANCE PERIODS COMPLETED IN SEVERAL MEMBER STATES

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 27 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE PENSIONS - AGGREGATION OF INSURANCE PERIODS COMPLETED IN SEVERAL MEMBER STATES - PRO RATA CALCULATION - ACCOUNT TO BE TAKEN OF PERIODS IN FACT COMPLETED

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 28 )

Summary

1 . WHERE THE LEGISLATION OF A MEMBER STATE PROVIDES FOR OLD-AGE BENEFITS OF DIFFERENT KINDS, DEPENDING ON THE LENGTH OF TIME FOR WHICH THE WORKER CONCERNED HAS BEEN AFFILIATED, INSURANCE PERIODS COMPLETED SUCCESSIVELY OR ALTERNATIVELY IN TWO OR MORE MEMBER STATES MUST BE AGGREGATED WHEREVER THE WORKER HAS NOT COMPLETED THE NUMBER OF PERIODS NECESSARY UNDER THE LEGISLATION OF THE FIRST STATE TO ENTITLE HIM TO BENEFIT OF THE MORE ADVANTAGEOUS KIND .

2 . WHERE AGGREGATION IS NECESSARY, FOR THE PURPOSE OF CALCULATING THE FRACTION OF THE BENEFIT TO BE BORNE BY THE RELEVANT INSTITUTION, ACCOUNT MUST BE TAKEN OF THE PERIODS IN FACT COMPLETED BY THE WORKER CONCERNED, AND NOT MERELY THOSE REPRESENTING THE TOTAL REQUIRED IN THE STATE IN QUESTION FOR ENTITLEMENT TO FULL BENEFIT .