ddrg/super_eurlex huggingface dataset:
Keywords

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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION OF A MEMBER STATE WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 - CONCEPT

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - RIGHTS ACQUIRED UNDER THE LEGISLATION OF A MEMBER STATE - RECIPIENT - EMPLOYMENT EXCLUSIVELY IN A NON-METROPOLITAN TERRITORY - RESIDENCE CLAUSE - WAIVER - APPLICATION

( REGULATION NO 1408/71 , ARTICLE 10 ( 1 ))

Summary

1 . THE EXPRESSION ' LEGISLATION ' WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 INCLUDES ALL PROVISIONS LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION BY THE MEMBER STATES AND MUST BE TAKEN TO COVER ALL THE NATIONAL MEASURES APPLICABLE IN THIS CASE , NOT ONLY WITHIN THE METROPOLITAN TERRITORIES BUT ALSO IN TERRITORIES MAINTAINING SPECIAL RELATIONS WITH THOSE STATES .

2 . IN THE ABSENCE OF EXPRESS PROVISIONS TO THE CONTRARY , THE WAIVING OF RESIDENCE CLAUSES PRESCRIBED BY THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 1 ) OF REGULATION NO 1408/71 APPLIES TO THE SITUATION OF A RECIPIENT OF BENEFITS GUARANTEED BY THE LEGISLATION OF A MEMBER STATE RELATING TO EMPLOYMENT EXCLUSIVELY IN A TERRITORY WHICH AT THE TIME MAINTAINED SPECIAL RELATIONS WITH A MEMBER STATE , WHERE THAT RECIPIENT , WHO IS A NATIONAL OF A MEMBER STATE , RESIDES IN THE TERRITORY OF A MEMBER STATE OTHER THAN THAT WHICH IS RESPONSIBLE FOR PAYMENT OF SOCIAL SECURITY BENEFITS IN RESPECT OF EMPLOYMENT IN THE SAID TERRITORY .
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1 . PROCEDURE - EUROPEAN ECONOMIC COMMUNITY - NON-CONTRACTUAL LIABILITY - REQUEST FOR DECLARATION - IMMINENT AND FORESEEABLE DAMAGE - DAMAGE NOT YET ASSESSABLE - APPLICATION TO THE COURT - ADMISSIBILITY

( EEC TREATY , ARTICLE 215 )

2 . AGRICULTURE - PRODUCTS SUBJECT TO A SINGLE PRICE-SYSTEM - EXPORT REFUNDS - VARIABILITY - PAYMENT - CONDITIONS

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 .

2 . NEITHER THE PUBLICATION BY THE COUNCIL OF REGULATION NO 876/68 NOR THE BEHAVIOUR OF THE COMMISSION AS REGARDS THE GRANT OF VARIABLE EXPORT REFUNDS IS SUFFICIENT TO MAKE THE COMMUNITY LIABLE AND TO REQUIRE IT TO MAKE GOOD THE DAMAGE SUFFERED BY THE APPLICANT SINCE THE COMPETENT INSTITUTION IS ONLY REQUIRED TO GRANT VARIABLE REFUNDS IF THE GOODS ARE IN FREE CIRCULATION IN THE TERRITORY OF DESTINATION .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMMUNITY ARRANGEMENTS - BURDEN OF COSTS - DISCRIMINATORY DISTRIBUTION BETWEEN THE VARIOUS AGRICULTURAL SECTORS - NOT PERMISSIBLE

( EEC TREATY , ARTICLE 39 AND SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES - COMPULSORY PURCHASE - COUNCIL REGULATION ( EEC ) NO 563/76 - INVALIDITY

Summary

1 . COMMUNITY ARRANGEMENTS WHICH IM- POSE A DISCRIMINATORY DISTRIBUTION OF THE BURDEN OF COSTS BETWEEN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION CANNOT BE JUSTIFIED FOR THE PURPOSE OF ATTAINING THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY .

2 . COUNCIL REGULATION NO 563/76 OF 15 MARCH 1976 ON THE COMPULSORY PURCHASE OF SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES FOR USE IN FEEDING-STUFFS IS NULL AND VOID .
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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER - REFERENCE OF SUCH CASES TO THE COURT - VALIDITY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 177 )

2 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER ( ' EINSTWEILIGE VERFUGUNG ' ) - REFERENCE OF SUCH CASES TO THE COURT - PROCEEDINGS ON THE SUBSTANCE OF THE CASE - INSTITUTION THEREOF - POSSIBILITY - DUTY TO REFER CASES TO THE COURT - NONE

( EEC TREATY , THIRD PARAGRAPH OF ARTICLE 177 )

Summary

1 . THE SUMMARY AND URGENT CHARACTER OF A PROCEDURE IN THE NATIONAL COURT DOES NOT PREVENT THE COURT FROM REGARDING ITSELF AS VALIDLY SEISED UNDER THE SECOND PARAGRAPH OF ARTICLE 177 WHENEVER A NATIONAL COURT OR TRIBUNAL CONSIDERS THAT IT IS NECESSARY TO MAKE USE OF THAT PARAGRAPH .

2 . THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A NATIONAL COURT OR TRIBUNAL IS NOT REQUIRED TO REFER TO THE COURT A QUESTION OF INTERPRETATION OR VALIDITY MENTIONED IN THAT ARTICLE WHEN THE QUESTION IS RAISED IN INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER ( ' EINSTWEILIGE VERFUGUNG ' ) EVEN WHERE NO JUDICIAL REMEDY IS AVAILABLE AGAINST THE DECISION TO BE TAKEN IN THE CONTEXT OF THOSE PROCEEDINGS , PROVIDED THAT EACH OF THE PARTIES IS ENTITLED TO INSTITUTE PROCEEDINGS OR TO REQUIRE PROCEEDINGS TO BE INSTITUTED ON THE SUBSTANCE OF THE CASE AND THAT DURING SUCH PROCEEDINGS THE QUESTION PROVISIONALLY DECIDED IN THE SUMMARY PROCEEDINGS MAY BE RE-EXAMINED AND MAY BE THE SUBJECT OF A REFERENCE TO THE COURT UNDER ARTICLE 177 .
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OFFICIALS - SCIENTIFIC OR TECHNICAL SERVICES - ARTICLE 92 OF THE STAFF REGULATIONS - BASIS - OBJECTIVE CRITERIA - PRINCIPLE OF EQUALITY BETWEEN OFFICIALS - BREACH - ABSENCE

Summary

SINCE THE PROVISIONS OF ARTICLE 92 OF THE STAFF REGULATIONS ARE BASED ON OBJECTIVE CRITERIA THAT ARTICLE CANNOT CONSTITUTE A BREACH OF THE PRINCIPLE OF EQUALITY BETWEEN OFFICIALS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - BENEFITS - RIGHT - ACQUISITION - RECEIPT OF SICKNESS BENEFIT AS A CONDITION IMPOSED BY THE LEGISLATION OF A MEMBER STATE - INSURANCE PERIODS COMPLETED - AGGREGATION - CLAIM FOR BENEFIT - SUBMISSION - RULES

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 45 )

Summary

ARTICLE 45 OF REGULATION NO 1408/71 MUST BE UNDERSTOOD TO MEAN THAT WHERE THE LEGISLATION OF A MEMBER STATE MAKES THE ACQUISITION OF A RIGHT TO INVALIDITY BENEFIT CONDITIONAL UPON THE PERSON CONCERNED HAVING BEEN ENTITLED TO SICKNESS BENEFIT UNDER THAT LEGISLATION FOR A GIVEN PERIOD IN THE IMMEDIATELY PROCEDING PERIOD - THAT CONDITION BEING SUBJECT TO SO FAR AS MATERIAL ( A ) THE COMPLETION OF INSURANCE PERIODS ( B ) THE MAKING OF A CLAIM THEREFOR IN A PRESCRIBED MANNER AND WITHIN A PRESCRIBED TIME -

( I ) THE COMPETENT INSTITUTION OF THE SAID MEMBER STATE SHALL TAKE INTO ACCOUNT INSURANCE PERIODS COMPLETED UNDER THE LEGISLATION OF ANY MEMBER STATE AS THOUGH THEY HAD BEEN COMPLETED UNDER THE LEGISLATION WHICH IT ADMINISTERS ;

( II ) THE CONDITION THAT A CLAIM MUST BE MADE IN A PRESCRIBED MANNER AND WITHIN A PRESCRIBED TIME SHALL BE REGARDED AS SATISFIED IN SO FAR AS SUCH A CLAIM HAS BEEN DULY MADE IN ACCORDANCE WITH THE LEGISLATION OF THE STATE OF RESIDENCE .
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1 . MEASURE ADOPTED BY AN INSTITUTION - ADOPTION FORESEEABLE BY A PRUDENT AND DISCRIMINATING TRADER - PRINCIPLE OF LEGITIMATE EXPECTATION - INAPPLICABILITY

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - POTATOES - SUPPLY - DIFFICULTIES - REGULATIONS NOS 348/76 AND 890/76 - VALIDITY

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - POTATOES - EXPORTS TO NON-MEMBER COUNTRIES - TAX - CONVERSION INTO NATIONAL CURRENCY - EXCHANGE RATE APPLICABLE

( REGULATIONS ( EEC ) NOS 950/68 , 475/75 AND 348/76 OF THE COUNCIL )

Summary

1 . IF THE ADOPTION OF A STRICT COMMUNITY MEASURE IS TO BE FORESEEN BY A PRUDENT AND DISCRIMINATING TRADER , HE CANNOT PLEAD LEGITIMATE EXPECTATION IN THE EVENT OF THAT MEASURE ' S BEING ADOPTED .

2 . REGULATIONS NOS 348/76 AND 890/76 ARE VALID .

3 . IN VIEW OF THE UNCERTAINTIES INHERENT IN COUNCIL REGULATION NO 348/76 , FOR THE PURPOSE OF CONVERTING THE TAX ON EXPORTS INTO NATIONAL CURRENCY , OF THE TWO EXCHANGE RATES SPECIFIED RESPECTIVELY IN REGULATION NO 950/68 OF THE COUNCIL AND IN REGULATION NO 475/75 OF THE COUNCIL , THE ONE SHOULD BE APPLIED WHICH AT THE MATERIAL TIME WAS THE LESS ONEROUS FOR THE TAX PAYER CONCERNED .
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1 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CRITERION FOR CLASSIFICATION

2 . COMMON CUSTOMS TARIFF - TARIFF HEADING 49.01 - INTERPRETATION

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - TARIFF HEADING 49.03 - NOTE 5 TO CHAPTER 49 - INTERPRETATION

Summary

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

2 . THE WORDING OF TARIFF HEADING 49.01 , WHERE IT REFERS WITHOUT FURTHER QUALIFICATION TO ' BOOKS ' , MUST BE INTERPRETED AS MEANING PUBLICATIONS IN WHICH THE TEXT IN PROSE OR VERSE CONVEYS THE INFORMATION OR NARRATIVE WHICH IT IS INTENDED TO BRING TO THE ATTENTION OF THE READER . A PUBLICATION HAVING AS ITS SALIENT FEATURES ' ILLUSTRATIONS ' OR ' PICTURES ' ACCORDINGLY DOES NOT CORRESPOND TO THE WORDING OF HEADING 49.01 .

3 . TARIFF HEADING 49.03 AND NOTE 5 TO CHAPTER 49 MUST BE INTERPRETED AS REFERRING TO CHILDREN ' S PICTURE BOOKS BOUND OTHERWISE THAN IN PAPER IN WHICH THE PICTURES COVER ALMOST THE WHOLE PAGE AND CONSTITUTE THE ESSENTIAL MEANS BY WHICH THE MEANING IS CONVEYED WHILST THE SHORT CAPTIONS SERVE MERELY A SIMPLY EXPLANATORY PURPOSE .
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1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - BENEFITS IN KIND PROVIDED IN ANOTHER MEMBER STATE - CONDITIONS FOR GRANT - ART . 22 OF REGULATION NO 1408/71 - INTERPRETATION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 22 ( 1 ) AND ( 2 ); REGULATION NO 574/72 OF THE COUNCIL , ANNEX 3 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - BENEFITS IN KIND PROVIDED IN ANOTHER MEMBER STATE - REIMBURSEMENT OF COST BETWEEN INSTITUTIONS

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 22 AND 36 )

Summary

1 . ARTICLE 177 OF THE TREATY , WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE , DOES NOT PERMIT THE LATTER TO PASS JUDGMENT ON THE RELEVANCE OF THE QUESTIONS SUBMITTED . ACCORDINGLY THE QUESTION WHETHER THE PROVISIONS OR CONCEPTS OF COMMUNITY LAW WHOSE INTERPRETATION IS REQUESTED ARE IN FACT APPLICABLE TO THE CASE IN QUESTION LIES OUTSIDE THE JURISDICTION OF THE COURT OF JUSTICE AND FALLS WITHIN THE JURISDICTION OF THE NATIONAL COURT .

2 . THE WORDS ' ' WHO SATISFIES THE CONDITIONS OF THE LEGISLATION OF THE COMPETENT STATE FOR ENTITLEMENT TO BENEFITS ' ' AT THE BEGINNING OF ARTICLE 22 ( 1 ) DETERMINE THE PERSONS WHO IN PRINCIPLE ARE ENTITLED TO BENEFITS IN PURSUANCE OF THE RELEVANT NATIONAL LEGISLATION .

THE WORDS ' ' THE TREATMENT IN QUESTION ' ' IN THE SECOND SUBPARAGRAPH OF ARTICLE 22 ( 2 ) REFER TO ANY APPROPRIATE TREATMENT OF THE SICKNESS OR DISEASE FROM WHICH THE PERSON CONCERNED SUFFERS .

THE WORDS ' ' BENEFITS IN KIND PROVIDED ON BEHALF OF THE COMPETENT INSTITUTION BY THE INSTITUTION OF THE PLACE OF STAY OR RESIDENCE ' ' DO NOT REFER SOLELY TO BENEFITS IN KIND DUE IN THE MEMBER STATE OF RESIDENCE BUT ALSO TO BENEFITS WHICH THE COMPETENT INSTITUTION IS EMPOWERED TO PROVIDE .

THE DUTY LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 22 ( 2 ) TO GRANT THE AUTHORIZATION REQUIRED UNDER ARTICLE 22 ( 1 ) ( C ) COVERS BOTH CASES WHERE THE TREATMENT PROVIDED IN ANOTHER MEMBER STATE IS MORE EFFECTIVE THAN THAT WHICH THE PERSON CONCERNED CAN RECEIVE IN THE MEMBER STATE WHERE HE RESIDES AND THOSE IN WHICH THE TREATMENT IN QUESTION CANNOT BE PROVIDED ON THE TERRITORY OF THE LATTER STATE .

THE WORDS ' ' INSTITUTION OF THE PLACE OF STAY OR RESIDENCE ' ' IN ARTICLE 22 ( 1 ) ( C ) ( I ) OF REGULATION NO 1408/71 MEAN THE INSTITUTION EMPOWERED TO PROVIDE THE BENEFITS IN THE STATE OF RESIDENCE OR STAY AS LISTED IN ANNEX 3 TO REGULATION NO 574/72 OF THE COUNCIL , AS AMENDED BY REGULATION NO 878/73 OF THE COUNCIL .

3 . THE COSTS RELATING TO BENEFITS IN KIND PROVIDED ON BEHALF OF THE COMPETENT INSTITUTION BY THE INSTITUTION OF THE PLACE OF STAY OR RESIDENCE ARE TO BE FULLY REFUNDED .
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Keywords

1 . COMMON CUSTOMS TARIFF - INTERPRETATION - PRODUCTS COMING WITHIN TARIFF SUBHEADING 78.01 B ( LEAD WASTE AND SCRAP ) - EXEMPTION FROM THE CUSTOMS TARIFF - DUTY-FREE IMPORTATION - CONDITION

2 . COMMON CUSTOMS TARIFF - INTERPRETATION - CLASSIFICATION OF GOODS - MELTING OF LEAD SCRAP - BARS FOR TYPE-CASTING MACHINES - CLASSIFICATION UNDER TARIFF SUBHEADING 78.01 A ( UNWROUGHT LEAD )

Summary

1 . THE EXEMPTION FROM THE CUSTOMS TARIFF PROVIDED FOR IN RESPECT OF PRODUCTS COMING WITHIN TARIFF SUBHEADING 78.01 B ( LEAD WASTE AND SCRAP ) MAY ONLY BE CLAIMED PROVIDED THAT THE IMPORTER SUBMITS HIS GOODS FOR CUSTOMS INSPECTION IN A FORM WHICH ENABLES IT TO BE RECOGNIZED ON VISUAL INSPECTION THAT THEY ARE IN FACT WASTE OR SCRAP .

2 . TARIFF SUBHEADING 78.01 A OF THE COMMON CUSTOMS TARIFF ALSO INCLUDES MELTED DOWN LEAD SCRAP IN THE FORM OF BARS FOR TYPE-CASTING MACHINES , EVEN IF THEY ARE UNUSABLE AS SUCH , AND BROKEN BARS FOR TYPE- CASTING MACHINES .
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OFFICIALS - RECRUITMENT - CONSIDERATION OF APPLICATIONS - PROFESSIONAL EXPERIENCE - EQUIVALENCE TO UNIVERSITY DEGREE - APPRAISAL

( STAFF REGULATIONS , ARTICLE 5 )

Summary

IN THE MATTER OF PROMOTION IT IS FOR THE APPOINTING AUTHORITY TO APPRAISE WHETHER PROFESSIONAL EXPERIENCE IS EQUIVALENT TO UNIVERSITY EDUCATION EVIDENCED BY A DEGREE .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - APPLICATION - DOCUMENTARY EVIDENCE OF QUALIFICATIONS - ASSESSMENT BY THE SELECTION BOARD FOR THE COMPETITION

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )

2 . OFFICIALS - RECRUITMENT - COMPETITION BASED ON QUALIFICATIONS - APPLICATION FORM - MUST BE ACCOMPANIED BY QUALIFICATIONS

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 2 )

Summary

1 . IT IS FOR THE SELECTION BOARD TO DETERMINE WHETHER THE DOCUMENTS PRODUCED BY A CANDIDATE ARE SUCH AS TO JUSTIFY THAT CANDIDATE ' S BEING ALLOWED TO ENTER FOR THE COMPETITION .

2 . IN THE CASE OF A COMPETITION BASED ON QUALIFICATIONS , OWING TO THE NATURE OF SUCH A COMPETITION , THE EVIDENCE OF CANDIDATES ' QUALIFICATIONS MUST BE ENCLOSED WITH THE APPLICATION FORM , WITHOUT ITS BEING NECESSARY FOR THE SELECTION BOARD TO CALL UPON CANDIDATES TO PRODUCE SUCH EVIDENCE .
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1 . OFFICIALS - ASSIGNMENT TO A POST - COMPLIANCE WITH THE INTERESTS OF THE SERVICE - PERMISSIBLE TO TAKE INTO CONSIDERATION THE WISHES OF THE PERSONS CONCERNED

( STAFF REGULATIONS OF OFFICIALS , ART . 7 ( 1 ))

2 . OFFICIALS - INSTALLATION ALLOWANCE - PURPOSE

( STAFF REGULATIONS OF OFFICIALS , ANNEX VII , ART . 5 )

Summary

1 . IN PROVIDING THAT ANY APPOINTMENT OR TRANSFER MUST BE MADE SOLELY IN THE INTERESTS OF THE SERVICE , ARTICLE 7 OF THE STAFF REGULATIONS DOES NOT PREVENT THE COMPETENT AUTHORITIES FROM TAKING INTO ACCOUNT THE PERSONAL WISHES OF THOSE CONCERNED . THE COMPETENT AUTHORITIES HAVE THE POWER , IN THE INTERESTS OF GOOD ADMINISTRATION AND , WHERE NECESSARY , THE DUTY , TO TAKE ALL TEMPORARY MEASURES WHICH ARE NOT LIKELY TO HAVE AN ADVERSE EFFECT ON THE FUNCTIONING OF THE INSTITUTION TO ENABLE AN OFFICIAL TO OVERCOME HIS PERSONAL DIFFICULTIES .

2 . THE SPECIFIC AND CHARACTERISTIC PURPOSE OF AN INSTALLATION ALLOWANCE IS TO ENABLE AN OFFICIAL TO BEAR , IN ADDITION TO REMOVAL EXPENSES , THE INEVITABLE EXPENSES INCURRED THROUGH INTEGRATING IN NEW SURROUNDINGS FOR AN INDETERMINATE BUT SUBSTANTIAL PERIOD OF TIME .
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1 . REFERENCES FOR PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRICE FORMATION - NATIONAL MEASURES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PIGMEAT - SELLING PRICE TO THE CONSUMER - MAXIMUM PROFIT MARGIN - UNILATERAL FIXING BY A MEMBER STATE - PERMISSIBILITY - CONDITIONS

( REGULATION NO 121/67/EEC OF THE COUNCIL )

Summary

1 . ALTHOUGH , WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY , IT IS NOT FOR THE COURT TO GIVE A RULING ON THE COMPATIBILITY OF RULES OF INTERNAL LAW WITH PROVISIONS OF COMMUNITY LAW , THE COURT IS COMPETENT TO SUPPLY THE NATIONAL COURT WITH ANY CRITERIA COMING WITHIN COMMUNITY LAW ENABLING THAT COURT TO DETERMINE WHETHER SUCH RULES ARE COMPATIBLE WITH THE COMMUNITY RULE E VOKED .

2 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , AND A FORTIORI WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION .

HOWEVER , PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE THE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES , ON CONDITION THAT THEY DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION .

3 . REGULATION NO 121/67/EEC MUST BE INTERPRETED AS NOT PREVENTING THE UNILATERAL FIXING BY A MEMBER STATE OF A MAXIMUM PROFIT MARGIN FOR RETAIL SALE OF PIGMEAT , CALCULATED ESSENTIALLY ON PURCHASE PRICES AS CHARGED AT PRIOR STAGES OF MARKETING AND VARYING ACCORDING TO THE TREND OF SUCH PRICES , PROVIDED THAT THE MARGIN IS FIXED AT A LEVEL WHICH DOES NOT IMPEDE INTRA-COMMUNITY TRADE .
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Keywords

NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE INVOLVING CHOICES OF ECONOMIC POLICY - LIABILITY OF COMMUNITY - CONDITIONS - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL - SAFEGUARD OF LEGAL PROTECTION NOT AFFECTED .

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )

Summary

A FINDING THAT A LEGAL SITUATION RESULTING FROM A LEGISLATIVE MEASURE BY THE COMMUNITY INVOLVING CHOICES OF ECONOMIC POLICY IS ILLEGAL IS INSUFFICIENT BY ITSELF TO INVOLVE THE COMMUNITY IN LIABILITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY ; IN ADDITION THE MEASURE MUST BE VITIATED BY A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL . IN THE CONTEXT OF COMMUNITY LEGISLATION IN WHICH ONE OF THE CHIEF FEATURES IS THE EXERCISE OF A WIDE DISCRETION ESSENTIAL IN PARTICULAR FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE LIABILITY OF THE COMMUNITY CAN ARISE ONLY EXCEPTIONALLY , THAT IS TO SAY , IN CASES IN WHICH THE INSTITUTION CONCERNED HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS . GRAVE DISREGARD IS TO BE UNDERSTOOD AS MEANING CONDUCT VERGING ON THE ARBITRARY .

THIS CONCEPT IS CONFIRMED IN PARTICULAR BY THE FACT THAT , EVEN THOUGH AN ACTION FOR DAMAGES UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY CONSTITUTES AN INDEPENDENT ACTION , IT MUST NEVERTHELESS BE ASSESSED HAVING REGARD TO THE WHOLE OF THE SYSTEM OF LEGAL PROTECTION OF INDIVIDUALS SET UP BY THE TREATY . IF AN INDIVIDUAL TAKES THE VIEW THAT HE IS INJURED BY A COMMUNITY LEGISLATIVE MEASURE WHICH HE REGARDS AS ILLEGAL HE HAS THE OPPORTUNITY , WHEN THE IMPLEMENTATION OF THE MEASURE IS ENTRUSTED TO NATIONAL AUTHORITIES , TO CONTEST THE VALIDITY OF THE MEASURE , AT THE TIME OF ITS IMPLEMENTATION , BEFORE A NATIONAL COURT IN AN ACTION AGAINST THE NATIONAL AUTHORITY . SUCH A COURT MAY , OR EVEN MUST , IN PURSUANCE OF ARTICLE 177 OF THE TREATY , REFER TO THE COURT OF JUSTICE A QUESTION ON THE VALIDITY OF THE COMMUNITY MEASURE IN QUESTION . THE EXISTENCE OF SUCH AN ACTION IS BY ITSELF OF SUCH A NATURE AS TO ENSURE THE EFFICIENT PROTECTION OF THE INDIVIDUALS CONCERNED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - LEVY - BASIS OF CALCULATION - SUCROSE CONTENT OF CERTAIN PRODUCTS - DETERMINATION - FLAT-RATE METHODS - LAWFULNESS - CONDITIONS

( REGULATION NO 1009/67 OF THE COUNCIL , ART . 14 ( 5 ) AND COUNCIL REGULATION NO 3330/74 , ART . 15 ( 5 ); REGULATION NO 837/68 OF THE COMMISSION , ART . 7 ( 2 ))

2 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DUTY TO PROVIDE A STATEMENT OF REASONS - LIMIT

( EEC TREATY , ART . 190 )

Summary

1 . THE USE OF FLAT-RATE METHODS TO ASCERTAIN THE SUCROSE CONTENT TO BE TAKEN AS A BASIS FOR THE CALCULATION OF THE LEVY APPLICABLE TO CERTAIN PRODUCTS COVERED BY THE COMMON ORGANIZATION OF THE MARKETS IN SUGAR IS VALID SUBJECT TO THE TWO CONDITIONS THAT THE SUCROSE CONTENT INCLUDING OTHER SUGARS EXPRESSED AS SUCROSE REMAINS THE PRINCIPAL FACTOR IN THE CALCULATION OF THE LEVY AND THAT SUCH METHODS ARE NEITHER INAPPROPRIATE NOR GIVE RISE TO INSTANCE OF DEMONSTRABLE UNFAIRNESS .

2 . THE EXTENT OF THE DUTY TO PROVIDE A STATEMENT OF REASONS PRESCRIBED IN ARTICLE 190 OF THE TREATY DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION . IN THE CASE OF A REGULATION THE PREAMBLE THERETO MAY BE CONFINED TO INDICATING THE GENERAL SITUATION WHICH LED TO ITS ADOPTION AND THE GENERAL OBJECTIVES WHICH IT IS INTENDED TO ACHIEVE . CONSEQUENTLY IT IS NOT POSSIBLE TO REQUIRE THAT IT SHOULD SET OUT THE VARIOUS FACTS , WHICH ARE OFTEN VERY NUMEROUS AND COMPLEX , ON THE BASIS OF WHICH THE REGULATION WAS ADOPTED , OR A FORTIORI THAT IT SHOULD PROVIDE A MORE OR LESS COMPLETE EVALUATION OF THOSE FACTS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS COVERED - NATIONALS OF ONE OF THE MEMBER STATES - DATE ON WHICH THE CRITERION OF NATIONALITY MUST BE SATISFIED

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 2 ( 1 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - ENTRY INTO FORCE - INSURANCE PERIODS COMPLETED PREVIOUSLY - TAKING INTO CONSIDERATION - CRITERION OF NATIONALITY OF ONE OF THE MEMBER STATES

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 2 ( 1 ) AND 94 ( 2 ))

Summary

1 . THE CRITERION OF NATIONALITY OF ONE OF THE MEMBER STATES LAID DOWN BY ARTICLE 2 ( 1 ) OF REGULATION NO 1408/71 MUST BE EXAMINED IN DIRECT RELATIONSHIP TO THE PERIODS DURING WHICH THE WORKER CARRIED ON HIS WORK AND NOT TO THE TIME WHEN HE SUBMITTED HIS APPLICATION FOR BENEFITS .

2 . ARTICLE 2 ( 1 ) AND ARTICLE 94 ( 2 ) OF REGULATION NO 1408/71 , READ IN CONJUNCTION WITH ONE ANOTHER , ARE TO BE INTERPRETED AS GUARANTEEING THAT ALL INSURANCE PERIODS AND ALL PERIODS OF EMPLOYMENT OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE BEFORE THE ENTRY INTO FORCE OF THAT REGULATION SHALL BE TAKEN INTO CONSIDERATION FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO BENEFITS IN ACCORDANCE WITH ITS PROVISIONS , SUBJECT TO THE CONDITION THAT THE MIGRANT WORKER WAS A NATIONAL OF ONE OF THE MEMBER STATES WHEN THE PERIODS WERE COMPLETED .