ddrg/super_eurlex huggingface dataset:
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUND - APPLICATION - CONTROL COPY - SUBMISSION TO THE COMPETENT NATIONAL AUTHORITY

( REGULATION NO 1041/67 OF THE COMMISSION, ARTICLE 5, AS AMENDED BY REGULATION NO 2586/69, ARTICLE 1; REGULATION NO 121/67 OF THE COUNCIL, ARTICLE 15 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - - DOCUMENTS ( UNTERLAGEN ) - CONTENTS - DOCUMENTS ( UNTERLAGEN ) - CONTENTS

( REGULATION NO 1041/67 OF THE COMMISSION, ARTICLE 10 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUND - CONTROL COPY - PROBATIVE VALUE - EXAMINATION BY THE NATIONAL AUTHORITIES

Summary

1 . THE SUBMISSION TO THE COMPETENT NATIONAL AUTHORITY FOR THE GRANT OF REFUNDS OF THE CONTROL COPY REFERRED TO IN ARTICLE 1 OF REGULATION NO 2315/69 AND ARTICLE 5 OF REGULATION NO 1041/67, AS AMENDED BY ARTICLE 1 OF REGULATION NO 2586/69, IS EQUIVALENT TO AN APPLICATION FOR A REFUND IF THIS COPY CONTAINS INFORMATION ENABLING IT TO BE SEEN THAT IT RELATES TO GOODS BENEFITING FROM THIS REFUND .

2 . THE DOCUMENTS ( UNTERLAGEN ) REFERRED TO IN ARTICLE 10 OF REGULATION NO 1041/67 MUST INCLUDE, BESIDES THE APPLICATION FOR A REFUND, ALL THE DOCUMENTS ENABLING THE WHICH THE GRANT OF REFUND IS SUBJECT ARE FULFILLED . WHICH THE GRANT OF REFUND IS SUBJECT ARE FULFILLED .

3 . SINCE THE HEADINGS PROVIDED FOR IN THE CONTROL COPY DO NOT ON THEIR OWN MAKE IT POSSIBLE TO DETERMINE IN EVERY CASE THAT ALL THESE CONDITIONS ARE FULFILLED, IT IS FOR THE NATIONAL AUTHORITIES TO DETERMINE IN EACH CASE THE PROBATIVE VALUE IN THIS RESPECT OF THE REMARKS ON THE CONTROL COPY OR THE NECESSITY FOR SUPPLEMENTARY VOUCHERS .
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OFFICIALS - PERIODICAL REPORT - REPLACEMENT BY THE JUDGMENT OF A SELECTION BOARD - INADMISSIBILITY

( STAFF REGULATIONS, ARTICLE 43 )

Summary

THE JUDGMENT OF A SELECTION BOARD CANNOT TAKE THE PLACE OF THE PERIODICAL REPORT .
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1 . EEC PROCEDURE - NON-CONTRACTUAL LIABILITY - FINDING - IMMINENT AND FORESEEABLE DAMAGE - DAMAGE UNCERTAIN - APPLICATION TO THE COURT - ADMISSIBILITY - SUBSEQUENT CLAIMS OF THE PARTY CONCERNED - NATURE

( EEC TREATY , ARTICLE 215 )

2 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE ACT INVOLVING A CHOICE OF POLICY - DAMAGE - INFRINGEMENT OF A SUPERIOR RULE OF LAW

( EEC TREATY , ARTICLE 215 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - STABILIZATION OF THE MARKET - CONCEPT

( EEC TREATY , ARTICLE 39 )

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - TEMPORARY PRIORITY GIVEN TO SOME OBJECTIVES - LAWFULNESS

( EEC TREATY , ARTICLE 39 )

Summary

1 . ARTICLE 215 OF THE TREATY DOES NOT PREVENT THE COURT FROM BEING ASKED TO DECLARE THE COMMUNITY LIABLE FOR IMMINENT DAMAGE FORESEEABLE WITH SUFFICIENT CERTAINTY EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED . IN THE CIRCUMSTANCES OF THE CASE THE SUBSEQUENT CLAIMS OF THE PARTY CONCERNED THAT THE COMMUNITY BE ORDERED TO PAY THE SPECIFIC AMOUNTS WHICH WERE SUCCESSIVELY AMENDED CANNOT BE REGARDED AS CONSTITUTING AN AMENDMENT OF THE APPLICATION OR AS FRESH ISSUES .

2 . WHERE THE MATTER DEALS WITH A LEGISLATIVE ACT INVOLVING CHOICES OF ECONOMIC POLICY , THERE IS NO LIABILITY ON THE PART OF THE COMMUNITY FOR DAMAGE WHICH INDIVIDUALS MAY HAVE SUFFERED BY REASON OF THIS ACT , BEARING IN MIND THE PROVISIONS OF ARTICLE 215 , SECOND PARAGRAPH , OF THE TREATY , UNLESS THERE IS A SUFFICIENTLY FLAGRANT INFRINGEMENT OF A SUPERIOR RULE OF LAW PROTECTING THE INDIVIDUAL .

3 . THE CONCEPT OF STABILIZATION OF THE MARKETS CANNOT COVER THE MAINTENANCE AT ALL COSTS OF POSITIONS ALREADY ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS .

4 . IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY THE INSTITUTIONS MAY TEMPORARILY GIVE PRIORITY TO SOME OF THE OBJECTIVES OF ARTICLE 39 OVER OTHER OBJECTIVES REFERRED TO THEREIN .
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FREEDOM OF MOVEMENT - MIGRANT WORKER - DEATH - FAMILY - NATIONAL TREATMENT - SOCIAL ADVANTAGES - EXTENT

( REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL, ARTICLE 7 ( 2 ))

Summary

ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY MUST BE INTERPRETED AS MEANING THAT IT REFERS TO ALL SOCIAL AND TAX ADVANTAGES, WHETHER OR NOT ATTACHED TO THE CONTRACT OF EMPLOYMENT .

THESE ADVANTAGES THEREFORE ALSO INCLUDE FARES REDUCTION CARDS ISSUED BY A NATIONAL RAILWAY AUTHORITY TO LARGE FAMILIES AND THIS APPLIES EVEN IF THIS ADVANTAGE IS ONLY SOUGHT AFTER THE WORKER'S DEATH, TO THE BENEFIT OF HIS FAMILY REMAINING IN THE SAME MEMBER STATE .
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1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY OF MIGRANT WORKERS - FAMILY OF THE WORKER - MEMBERS - COUNTRY OF RESIDENCE - LEGISLATION - TREATMENT ON AN EQUAL BASIS WITH NATIONALS

( REGULATION NO 1408/71 OF THE COUNCIL, ARTICLS 2 ( 1 ) AND 3 ( 1 ))

3 . SOCIAL SECURITY OF MIGRANT WORKERS - HANDICAPPED CHILD OF A WORKER - BENEFITS UNDER THE LEGISLATION OF THE COUNTRY OF RESIDENCE - ENTITLEMENT - TREATMENT ON AN EQUAL BASIS WITH NATIONALS - DURATION - EXTENSION BEYOND MINORITY

( REGULATION NO 1408/71 OF THE COUNCIL, PREAMBLE, FIFTH RECITAL, ARTICLES 2 ( 1 ) AND 3 ( 1 ))

Summary

1 . WHILST THE COURT, ACTING WITHIN THE FRAMEWORK OF ARTICLE 177, HAS NO JURISDICTION TO APPLY THE COMMUNITY RULE TO A SPECIFIC CASE, NOR, CONSEQUENTLY, TO PRONOUNCE ON A PROVISION OF NATIONAL LAW WITH REGARD TO SUCH RULE, IT CAN HOWEVER PROVIDE THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH COULD BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .

2 . IT APPEARS FROM ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71, READ IN CONJUNCTION WITH ARTICLE 2 ( 1 ), THAT IN THE FRAMEWORK OF THE MATTERS COVERED BY THE REGULATION AND IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY, THE MEMBERS OF AN EMPLOYED PERSON'S FAMILY MUST BE ALLOWED THE BENEFIT OF THE LEGISLATION OF THE STATE OF THEIR RESIDENCE UNDER THE SAME CONDITIONS AS THE NATIONALS OF THAT STATE .

3 . IF A HANDICAPPED CHILD WHO BY REASON OF HIS HANDICAP IS PREVENTED FROM HIMSELF ACQUIRING THE STATUS OF A WORKER WITHIN THE MEANING OF REGULATION NO 1408/71 FULFILS FROM HIS MINORITY THE CONDITIONS REQUIRED IN ORDER TO BE ENTITLED AS A MEMBER OF A WORKER'S FAMILY TO BENEFITS FOR THE HANDICAPPED, THE EQUALITY OF TREATMENT CANNOT CEASE AT THE END OF HIS MINORITY .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - RIGHTS OF PERSONS CONCERNED - REDUCTIONS - PROHIBITION - LIMITATION CONSTITUTING THE COUNTERBALANCE TO COMMUNITY ADVANTAGES - PERMISSIBILITY

( EEC TREATY, ARTICLE 48 AND ARTICLE 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - MORE THAN ONE LEGISLATIVE SYSTEM - APPLICATION - ARTICLE 12 OF REGULATION NO 3 - AIM - BENEFITS DUE UNDER ONE LEGISLATIVE SYSTEM - REDUCTION - IMPERMISSIBLE

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - RIGHT ACQUIRED BY VIRTUE OF INSURANCE PERIODS COMPLETED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE - REDUCTION BY WAY OF AGGREGATION AND APPORTIONMENT - PROHIBITION

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 27 AND ARTICLE 28 )

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - INSURANCE PERIODS COMPLETED UNDER THE LEGISLATION OF SEVERAL MEMBER STATES - OVERLAPPING - CONCEPT

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 27 )

Summary

1 . IT FOLLOWS FROM THE PURPOSE AND FROM THE FRAMEWORK OF ARTICLES 48 AND 51 OF THE TREATY THAT LIMITATIONS CAN BE IMPOSED ON WORKERS ONLY AS A COUNTERBALANCE TO THE ADVANTAGES WHICH THEY DERIVE FROM COMMUNITY REGULATIONS .

ARTICLE 51 OF THE EEC TREATY AND REGULATION NO 3 OF THE COUNCIL OF 25 SEPTEMBER 1968 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS, ESPECIALLY ARTICLES 12, 27 AND 28, MUST THEREFORE BE INTERPRETED AS MEANING THAT THEY DO NOT AUTHORIZE A NATIONAL INSURANCE INSTITUTION TO REDUCE THE BENEFITS WHICH ARE DUE TO A WORKER OR TO THOSE ENTITLED UNDER HIM BY VIRTUE OF NATIONAL LEGISLATION ALONE AND WITHOUT RECOURSE TO THE PROCEDURE OF AGGREGATION .

2 . THE PURPOSE OF ARTICLE 12 OF REGULATION NO 3 IS ON THE ONE HAND TO AVOID ANY PLURALITY OR PURPOSELESS OVERLAPPING OF CONTRIBUTIONS AND LIABILITIES WHICH WOULD RESULT FROM THE SIMULTANEOUS OR ALTERNATE APPLICATION OF SEVERAL LEGISLATIVE SYSTEMS AND, MOREOVER, PREVENTING THOSE CONCERNED, IN THE ABSENCE OF LEGISLATION APPLYING TO THEM, FROM REMAINING WITHOUT PROTECTION IN THE MATTER OF SOCIAL SECURITY .

IT THEREFORE DOES NOT AUTHORIZE A NATIONAL INSURANCE ORGANIZATION EITHER EXPRESSLY OR BY IMPLICATION TO REDUCE THE BENEFITS WHICH ARE DUE TO A WORKER OR THOSE ENTITLED UNDER HIM UNDER NATIONAL LEGISLATION ALONE .

3 . THE AGGREGATION AND APPORTIONMENT OF INSURANCE PERIODS COMPLETED WITHIN THE MEANING OF ARTICLES 27 AND 28 OF REGULATION NO 3 DO NOT APPLY WHEN THE LEGISLATION OF A MEMBER STATE ENTITLES THE PERSON CONCERNED TO A BENEFIT .

4 . THERE IS NO DUPLICATION OF INSURANCE PERIODS WITHIN THE MEANING OF ARTICLE 27 OF REGULATION NO 3 AND, SIMILARLY, THERE IS NO UNJUSTIFIED CUMULATION OF PENSIONS IF A SPECIAL INCREASE PROVIDED FOR BY THE LAW OF ONE OF THE STATES FOR THE BENEFIT OF THE SURVIVORS OF AN INSURED PERSON IS AWARDED OR CALCULATED, NOT IN RELATION TO AN INSURANCE PERIOD, WHETHER ACTUAL OR FICTITIOUS, BUT FOR THE DURATION OF A CERTAIN PERIOD WHICH BEARS NO DIRECT RELATION TO THE INSURANCE PERIOD COMPLETED BY THE DECEASED .
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1 . PRELIMINARY RULINGS - POWERS OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - AUTHORITY OF THE EXPLANATORY NOTES AND THE CLASSIFICATION OPINIONS OF THE BRUSSELS CONVENTION ON NOMENCLATURE

3 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - MECHANICALLY PROPELLED WITHIN THE MEANING OF HEADING 86.04 - INTERPRETATION

Summary

1 . ALTHOUGH THE COURT IN RULING UNDER ARTICLE 177 DOES NOT HAVE JURISDICTION TO APPLY THE COMMUNITY RULE TO A SPECIFIC CASE, IT MAY HOWEVER SUPPLY THE NATIONAL COURTS WITH THE PRINCIPLES OF INTERPRETATION RELATING TO COMMUNITY LAW WHICH MAY BE USEFUL IN THE APPLICATION OF THIS RULE .

2 . IN THE ABSENCE OF RELEVANT COMMUNITY PROVISIONS ON THE SUBJECT, THE EXPLANATORY NOTES AND THE CLASSIFICATION OPINIONS PROVIDED FOR BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS ARE AN AUTHORITATIVE SOURCE FOR THE PURPOSES OF THE INTERPRETATION OF THE HEADINGS TO THE COMMON CUSTOMS TARIFF .

3 . THE PHRASE 'MECHANICALLY PROPELLED' IN HEADING 86.04 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS COVERING SELF-PROPELLED VEHICLES FOR TRACK MAINTENANCE, EQUIPPED WITH ONE OR MORE ENGINES ENABLING THE VEHICLE TO MOVE ABOUT FROM PLACE TO PLACE RAPIDLY ON THE TRACK AND QUITE INDEPENDENTLY .
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QUANTITATIVE RESTRICTIONS - ELIMINATION - NATIONAL MONOPOLIES OF A COMMERCIAL CHARACTER - ADJUSTMENT - TRANSITIONAL PERIOD - EXPIRY - DISCRIMINATION - ABOLITION - SUBJECTIVE RIGHTS - PROTECTION

( EEC TREATY , ARTICLE 37 )

Summary

ARTICLE 37 ( 1 ) OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT AS FROM 31 DECEMBER 1969 EVERY NATIONAL MONOPOLY OF A COMMERCIAL CHARACTER MUST BE ADJUSTED SO AS TO ELIMINATE THE EXCLUSIVE RIGHT TO IMPORT FROM OTHER MEMBER STATES .

WHEN THE TRANSITIONAL PERIOD ENDED ARTICLE 37 ( 1 ) WAS CAPABLE OF BEING RELIED ON BY NATIONALS OF MEMBER STATES BEFORE NATIONAL COURTS .
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OFFICIALS - APPLICATION - SUBJECT-MATTER - MEASURE COMING WITHIN THE POWER OF INTERNAL ORGANIZATION - ADMISSIBILITY - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ARTICLES 5 , 7 , 91 )

Summary

A MEASURE COMING WITHIN THE POWER OF INTERNAL ORGANIZATION OF AN INSTITUTION CAN BE ACTIONABLE UNDER ARTICLE 91 OF THE STAFF REGULATIONS ONLY IF IT ADVERSELY AFFECTED THE RIGHTS WHICH THE PERSON CONCERNED HAS UNDER ARTICLES 5 AND 7 OF THOSE REGULATIONS , ESPECIALLY BY REQUIRING HIM TO CARRY OUT DUTIES WHICH DO NOT CORRESPOND TO HIS POST AND GRADE .

FOR SUCH TO BE THE CASE , IT IS NOT SUFFICIENT THAT THE SAID MEASURES SHOULD BRING ABOUT A CHANGE OR EVEN ANY REDUCTION IN THE RESPONSIBILITIES OF THE PERSON CONCERNED , BUT IT IS NECESSARY THAT , TAKEN TOGETHER , HIS REMAINING RESPONSIBILITIES SHOULD FALL CLEARLY SHORT OF THOSE CORRESPONDING TO HIS GRADE AND POST , TAKING ACCOUNT OF THEIR CHARACTER , THEIR IMPORTANCE AND THEIR SCOPE .
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OFFICIALS - RECRUITMENT - PROCEDURE - MISUSE OF POWERS

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 27 )

Summary

A COMPETITION ORGANIZED BY THE APPOINTING AUTHORITY FOR THE SOLE PURPOSE OF REMEDYING THE ANOMALOUS ADMINIS- TRATIVE STATUS OF A SPECIFIC OFFICIAL AND OF APPOINTING THAT OFFICIAL TO THE POST DECLARED VACANT IS CONTRARY TO THE AIMS OF ANY RECRUITMENT PROCEDURE AND THUS CONSTITUTES A MISUSE OF POWERS .
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1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - JURISDICTION BY CONSENT - EFFECT - VALIDITY - MANNER IN WHICH APPLIED - STRICT INTERPRETATION - CONSENSUS BETWEEN THE PARTIES

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 17 )

2 . CONVENTION OF 27 SEPTEMBER 1968 - COURTS HAVING JURISDICTION - JURISDICTION BY CONSENT - IN WRITING - CONTRACT SIGNED BY THE PARTIES - GENERAL CONDITIONS OF SALE PRINTED ON THE BACK - CLAUSE CONFERRING JURISDICTION - NECESSITY FOR AN EXPRESS REFERENCE TO THOSE CONDITIONS IN THE CONTRACT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 17 )

3 . CONVENTION OF 27 SEPTEMBER 1968 - COURTS HAVING JURISDICTION - JURISDICTION BY CONSENT - IN WRITING - CONTRACT - ENTERED INTO BY REFERENCE TO PRIOR OFFERS - REFERENCE TO GENERAL CONDITIONS OF SALE - CLAUSE CONFERRING JURISDICTION - NECESSITY FOR AN EXPRESS REFERENCE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 17 )

Summary

1 . THE WAY IN WHICH ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 IS TO BE APPLIED MUST BE INTERPRETED IN THE LIGHT OF THE EFFECT OF THE CONFERMENT OF JURISDICTION BY CONSENT , WHICH IS TO EXCLUDE BOTH THE JURISDICTION DETERMINED BY THE GENERAL PRINCIPLE LAID DOWN IN ARTICLE 2 AND THE SPECIAL JURISDICTIONS PROVIDED FOR IN ARTICLES 5 AND 6 OF THAT CONVENTION . IN VIEW OF THE CONSEQUENCES THAT SUCH AN OPTION MAY HAVE ON THE POSITION OF THE PARTIES TO THE ACTION , THE REQUIREMENTS SET OUT IN ARTICLE 17 GOVERNING THE VALIDITY OF CLAUSES CONFERRING JURISDICTION MUST BE STRICTLY CONSTRUED .

BY MAKING THE VALIDITY OF CLAUSES CONFERRING JURISDICTION SUBJECT TO THE EXISTENCE OF AN ' AGREEMENT ' BETWEEN THE PARTIES , ARTICLE 17 IMPOSES ON THE COURT BEFORE WHICH THE MATTER IS BROUGHT THE DUTY OF EXAMINING , FIRST , WHETHER THE CLAUSE CONFERRING JURISDICTION UPON IT WAS IN FACT THE SUBJECT OF A CONSENSUS BETWEEN THE PARTIES , WHICH MUST BE CLEARLY AND PRECISELY DEMONSTRATED , FOR THE PURPOSE OF THE FORMAL REQUIREMENTS IMPOSED BY ARTICLE 17 IS TO ENSURE THAT THE CONSENSUS BETWEEN THE PARTIES IS IN FACT ESTABLISHED .

2 . IN THE CASE OF A CLAUSE CONFERRING JURISDICTION , WHICH IS INCLUDED AMONG THE GENERAL CONDITIONS OF SALE OF ONE OF THE PARTIES , PRINTED ON THE BACK OF THE CONTRACT , THE REQUIREMENT OF A WRITING UNDER THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 IS ONLY FULFILLED IF THE CONTRACT SIGNED BY THE TWO PARTIES INCLUDES AN EXPRESS REFERENCE TO THOSE GENERAL CONDITIONS .

3 . IN THE CASE OF A CONTRACT CONCLUDED BY REFERENCE TO EARLIER OFFERS , WHICH WERE THEMSELVES MADE WITH REFERENCE TO THE GENERAL CONDITIONS OF ONE OF THE PARTIES INCLUDING A CLAUSE CONFERRING JURISDICTION , THE REQUIREMENT OF A WRITING UNDER THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 IS SATISFIED ONLY IF THE REFERENCE IS EXPRESS AND CAN THEREFORE BE CHECKED BY A PARTY EXERCISING REASONABLE CARE .
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1 . PROCEDURE - CONVENTIONS FOR WHICH PROVISION IS MADE IN ARTICLE 220 OF THE EEC TREATY - INTERPRETATION - NEW MEMBER STATES - OBSERVATIONS - PERMISSIBILITY

( ACT OF ACCESSION , ARTICLE 3 ( 2 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - INTERPRETATION - GENERAL RULES .

3 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL JURISDICTION - DISPUTE HAVING AN INTERNATIONAL CHARACTER - MATTER RELATING TO A CONTRACT - COURT HAVING JURISDICTION - PLACE OF PERFORMANCE OF THE OBLIGATION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 1 )

Summary

1 . THE NEW MEMBER STATES ARE ENTITLED TO SUBMIT OBSERVATIONS IN THE CONTEXT OF PROCEEDINGS RELATING TO THE INTER- PRETATION OF ONE OF THE CONVENTIONS , FOR WHICH PROVISION IS MADE IN ARTICLE 220 OF THE TREATY , TO WHICH THEY ARE REQUIRED BY ARTICLE 3 ( 2 ) OF THE ACT OF ACCESSION TO BECOME PARTIES .

2 . THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE INTERPRETED HAVING REGARD BOTH TO ITS PRINCIPLES AND OBJECTIVES AND TO ITS RELATIONSHIP WITH THE TREATY . AS REGARDS THE QUESTION WHETHER THE WORDS AND CONCEPTS USED IN THE CONVENTION MUST BE REGARDED AS HAVING THEIR OWN INDEPENDENT MEANING AND AS BEING THUS COMMON TO ALL THE MEMBER STATES OR AS REFERRING TO SUBSTANTIVE RULES OF THE LAW APPLICABLE IN EACH CASE UNDER THE RULES OF CONFLICT OF LAWS OF THE COURT BEFORE WHICH THE MATTER IS FIRST BROUGHT , THE APPROPRIATE CHOICE CAN ONLY BE MADE IN RESPECT OF EACH OF THE PROVISIONS OF THE CONVENTION TO ENSURE THAT IT IS FULLY EFFECTIVE HAVING REGARD TO THE OBJECTIVES OF ARTICLE 220 OF THE TREATY .

3 . THE ' PLACE OF PERFORMANCE OF THE OBLIGATION IN QUESTION ' WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 IS TO BE DETERMINED IN ACCORDANCE WITH THE LAW WHICH GOVERNS THE OBLIGATION IN QUESTION ACCORDING TO THE RULES OF CONFLICT OF LAWS OF THE COURT BEFORE WHICH THE MATTER IS BROUGHT .
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1 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - INTERPRETATION - COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE - OPINION - AUTHORITY - LIMITS

2 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - PIECES OF FRUIT - ABSENCE OF ESSENTIAL CONSTITUENTS OF THE NATURAL PRODUCT - CLASSIFICATION UNDER TARIFF HEADING 23.06

Summary

1 . THE OPINIONS OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMEN- CLATURE CONSTITUTE AN IMPORTANT MEANS OF ENSURING THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES AND AS SUCH THEY MAY BE CONSIDERED AS A VALID AID TO THE INTERPRETATION OF THE TARIFF . NEVERTHELESS SUCH OPINIONS DO NOT HAVE LEGALLY BINDING FORCE SO THAT , WHERE APPROPRIATE , IT IS NECESSARY TO CONSIDER WHETHER THEIR CONTENT IS IN ACCORDANCE WITH THE ACTUAL PROVISIONS OF THE COMMON CUSTOMS TARIFF AND WHETHER THEY ALTER THE MEANING OF SUCH PROVISIONS .

2 . HEADING 23.06 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED TO MEAN THAT IT MAY INCLUDE PRODUCTS CONSISTING OF PARTS OF FRUIT , WHICH HOWEVER ARE ALMOST ENTIRELY LACKING IN ANY OF THOSE FEATURES WHICH DETERMINE THE NATURE OF FRUIT , IN PARTICULAR PRODUCTS CONSISTING OF ORANGES WHICH INITIALLY ENTERED THE JUICE IN THE COURSE OF PRESSING THE ORANGES AND WHICH HAVE SUBSEQUENTLY BEEN STRAINED OFF EVEN IF THEY CONTAIN SCARCELY ANY CONSTITUENT PARTS OF THE FLESH OF THE FRUIT OR FRUIT JUICE AND INSTEAD CONSTITUTE PRINCIPALLY CELL MEMBRANE AND ALBEDO .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - INSURANCE PERIODS COMPLETED - BENEFITS - CALCULATION - THEORETICAL AMOUNT - REDUCTION - NATIONAL RULE - APPLICATION WHERE PAYMENT IS MADE TO THE PERSON CONCERNED FROM A SOURCE OUTSIDE THE COMMUNITY

( REGULATION NO 3 OF THE COUNCIL , ARTICLE 11 ( 2 ), ARTICLE 26 , ARTICLE 28 ; REGULATION NO 4 OF THE COUNCIL , ARTICLE 9 ( 2 ))

Summary

THE PROVISIONS OF REGULATION NO 3 OF THE COUNCIL OF 25 SEPTEMBER 1958 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS , AND IN PARTICULAR ARTICLE 28 ( 1 ) THEREOF , AND OF REGULATION NO 4 OF THE COUNCIL OF 3 DECEMBER 1958 DO NOT PRECLUDE THE APPLICATION BY THE INSTITUTION OF A MEMBER STATE , WHEN CALCULATING ' FOR ACCOUNTING PURPOSES ' THE AMOUNT OF THE BENEFIT TO WHICH THE PERSON CONCERNED WOULD BE ENTITLED IF ALL THE INSURANCE PERIODS HAD BEEN COMPLETED EXCLUSIVELY UNDER THE LEGISLATION OF THAT MEMBER STATE , OF A RULE LAID DOWN UNDER ITS OWN LEGISLATION IN ORDER TO REDUCE THE THEORETICAL AMOUNT BY THE AMOUNT OF A BENEFIT RECEIVED BY THE PERSON CONCERNED FROM A SOURCE OUTSIDE THE COMMUNITY
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FREE MOVEMENT OF GOODS - CUSTOMS DUTIES ON EXPORTATION - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - PHYTOSANITARY INSPECTIONS - INTERNATIONAL PLANT PROTECTION CONVENTION - FREE IMPORTATION INTO THE COUNTRY OF DESTINATION - MULTINATIONAL SYSTEM OF INSPECTIONS - ABSENCE OF OBSTACLES TO TRADE - FEES - ACTUAL COST OF INSPECTIONS - ADMISSIBILITY - PROCEDURE FOR FINANCING INSPECTIONS - STANDARDIZATION - POWERS OF THE COMMUNITY INSTITUTIONS

( EEC TREATY , ARTICLES 12 , 16 AND 36 )

Summary

( A ) PHYTOSANITARY INSPECTIONS ON EXPORTATION , PROVIDED FOR BY AN INTERNATIONAL CONVENTION INTENDED TO ENCOURAGE THE FREE IMPORT OF PLANTS INTO THE COUNTRIES OF DESTINATION BY ESTABLISHING A SYSTEM OF INSPECTIONS IN THE EXPORTING STATE , RECOGNIZED AND ORGANIZED ON A RECIPROCAL BASIS , DO NOT CONSTITUTE UNILATERAL MEASURES HINDERING TRADE BUT HELP TO OVERCOME THE OBSTACLES WHICH THE INSPECTIONS OF IMPORTS ENVISAGED BY ARTICLE 36 OF THE TREATY MAY PLACE IN THE WAY OF THE FREE MOVEMENT OF GOODS .

( B ) THE FEES CHARGED FOR SUCH INSPECTIONS ARE NOT CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES PROVIDED THAT THEIR AMOUNT DOES NOT EXCEED THE ACTUAL COST OF THE OPERATIONS IN RESPECT OF WHICH THEY ARE CHARGED .

( C ) THE INSTITUTIONS ARE FREE TO ADOPT IN THE FUTURE ANY MEASURES WHICH MAY BE NECESSARY FOR THE STANDARDIZATION OF THE PROCEDURE FOR THE FINANCING OF SUCH INSPECTIONS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SUGAR-MARKETING YEARS 1975/1976 TO 1979/1980 - AIDS - GRANT - FINANCING - SYSTEM

( REGULATION NO 3330/74 OF THE COUNCIL , ARTICLE 38 )

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ARTICLES 9 , 13 ( 2 ))

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - INTERNATIONAL TAXATION - DISTINCTION - JURISDICTION OF NATIONAL COURT

( EEC TREATY , ARTICLES 9 , 13 ( 2 ), 95 ),

Summary

1 . AUTHORIZATION UNDER ARTICLE 38 OF REGULATION ( EEC ) NO 3330/74 TO GRANT THE AIDS PROVIDED FOR THEREIN CANNOT BE TAKEN TO MEAN THAT ANY METHOD OF FINANCING THESE AIDS , WHATEVER ITS CHARACTER OR CONDITIONS , IS COMPATIBLE WITH COMMUNITY LAW .

IN THE FINANCING OF THE AID GRANTED , THE NATIONAL AUTHORITIES ARE IN PARTICULAR SUBJECT NOT ONLY TO THE OBLIGATIONS ARISING UNDER THE TREATY BUT ALSO TO THOSE ARISING UNDER THE OTHER PROVISIONS OF REGULATION ( EEC ) NO 3330/74 .

2 . THE PROHIBITIONS CONTAINED IN ARTICLES 9 AND 13 ARE AIMED AT ANY TAX DEMANDED AT THE TIME OF OR BY REASON OF IMPORTATION AND WHICH , BEING IMPOSED SPECIFICALLY ON IMPORTED PRODUCTS TO THE EXCLUSION OF A SIMILAR DOMESTIC PRODUCT , RESULTS IN THE SAME RESTRICTIVE CONSEQUENCES ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY BY ALTERING THE COST PRICE OF THAT PRODUCT .

3 . A DUTY FALLING WITHIN A GENERAL SYSTEM OF INTERNAL TAXATION APPLYING TO DOMESTIC PRODUCTS AS WELL AS TO IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA CAN CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS ONLY IF IT HAS THE SOLE PURPOSE OF FINANCING ACTIVITIES FOR THE SPECIFIC ADVANTAGE OF THE TAXED DOMESTIC PRODUCT , IF THE TAXED PRODUCT AND THE DOMESTIC PRODUCT BENEFITING FROM IT ARE THE SAME , AND IF THE CHARGES IMPOSED ON THE DOMESTIC PRODUCT ARE MADE GOOD IN FULL . IT IS FOR THE NATIONAL COURT TO DEFINE THE DUTY IN QUESTION .