ddrg/super_eurlex huggingface dataset:
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FREEDOM OF MOVEMENT - WORKERS - NATIONALS OF A MEMBER STATE - EMPLOYMENT IN THE TERRITORY OF ANOTHER MEMBER STATE - CHILDREN - EDUCATION - ADMISSION UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE - SCOPE

( REGULATION NO 1612/68 OF THE COUNCIL, ARTICLE 12, FIRST PARAGRAPH )

Summary

IN PROVIDING THAT THE CHILDREN OF A NATIONAL OF A MEMBER STATE WHO IS OR HAS BEEN EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE SHALL BE ADMITTED TO EDUCATIONAL COURSES 'UNDER THE SAME CONDITIONS AS THE NATIONALS' OF THE HOST STATE, ARTICLE 12 OF REGULATION NO 1612/68 ENSURES FOR THE CHILDREN REFERRED TO AN EQUAL POSITION WITH REGARD TO ALL THE RIGHTS ARISING FROM SUCH ADMISSION .
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OFFICIALS - COMPULSORY RETIREMENT IN THE INTEREST OF THE SERVICE - APPLICATION TO OFFICIALS ON LEAVE ON PERSONAL GROUNDS - REFUSAL BY THE ADMINISTRATION - ADMISSIBILITY

( REGULATION NO 2530/72 OF THE COUNCIL, ARTICLE 2 ( 1 ))

Summary

EVEN THOUGH THE PURPOSE OF REGULATION NO 2530/72 IS NOT INCOMPATIBLE IN EVERY CASE WITH ITS APPLICATION TO OFFICIALS ON LEAVE ON PERSONAL GROUNDS, NEVERTHELESS AS A RULE THE REGULATION WAS INTENDED TO APPLY TO OFFICIALS WHO ACTUALLY HELD A POST .

IT WAS THEREFORE OPEN TO THE COMMISSION TO REFUSE TO APPLY REGULATION NO 2530/72 TO OFFICIALS ON LEAVE ON PERSONAL GROUNDS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CONJUNCTURAL POLICY - CURRENCY FLUCTUATIONS - MONETARY COMPENSATORY AMOUNTS - DERIVED PRODUCTS - CHARGE ON PRODUCTS IMPORTED FROM THIRD COUNTRIES - MEANING

( REGULATION NO 974/71 OF THE COUNCIL, ARTICLE 4A ( 2 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CONJUNCTURAL POLICY - CURRENCY FLUCTUATIONS - BASIC PRODUCTS - ZERO LEVY - DERIVED PRODUCTS - NO COMPENSATORY AMOUNTS ON EXPORTS ( REGULATION NO 974/71 OF THE COUNCIL, ARTICLE 4A ( 2 ))

Summary

1 . THE CHARGE ON PRODUCTS IMPORTED FROM THIRD COUNTRIES REFERRED TO IN ARTICLE 4A ( 2 ) OF REGULATION NO 974/71 AS AMENDED BY REGULATION NO 509/73, MUST BE UNDERSTOOD - IN RESPECT OF THE PRODUCTS REFERRED TO IN ARTICLE 1 ( 2 ) ( B ) OF THE SAME REGULATION, WHOSE PRICE DEPENDS ON THE PRICE OF THE PRODUCTS COVERED BY INTERVENTION ARRANGEMENTS UNDER THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS - AS CONSISTING SOLELY OF THE VARIABLE COMPONENT INTENDED TO TAKE ACCOUNT OF THE PRICES OF BASIC PRODUCTS .

2 . WHEN THE LEVY ON THE BASIC AGRICULTURAL PRODUCTS IS ZERO, NO COMPENSATORY AMOUNT MAY BE CHARGED ON EXPORTS OF DERIVED PRODUCTS .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - PERSONS CLAIMING THE STATUS OF OFFICIALS OR OF SERVANTS OTHER THAN LOCAL STAFF - JURISDICTION OF THE COURT

( EAEC TREATY, ARTICLE 152 )

2 . OFFICIALS - SERVICE RELATIONSHIP WITH THE COMMUNITY - CREATION - DECISION OF THE NATIONAL COURT - CANNOT PRODUCE SUCH AN EFFECT

Summary

1 . ARTICLE 152 OF THE EAEC TREATY MUST BE INTERPRETED AS MEANING THAT IT APPLIES NOT ONLY TO PERSONS WHO HAVE THE STATUS OF OFFICIALS OR OF SERVANTS OTHER THAN LOCAL STAFF BUT ALSO TO PERSONS CLAIMING THAT STATUS .

2 . THE BASIS OF THE SERVICE RELATIONSHIP BETWEEN THE COMMUNITY AND OFFICIALS OR SERVANTS OTHER THAN LOCAL STAFF CANNOT RESIDE IN A DECISION OF A NATIONAL COURT .
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1 . OFFICIALS - APPEALS - FORMER OFFICIALS - INTEREST IN BRINGING PROCEEDINGS

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 90, ARTICLE 91 )

2 . OFFICIALS - RECRUITMENT - SPECIAL PROCEDURE - APPLICATION TO CANDIDATES WHO ARE OFFICIALS

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 29 ( 2 ))

3 . OFFICIALS - RECRUITMENT - SPECIAL PROCEDURE - PUBLICATION - CONDITION - ABSENCE

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 29 )

4 . OFFICIALS - RECRUITMENT - SPECIAL PROCEDURE - SPECIAL QUALIFICATIONS REQUIRED - DEFINITION - APPOINTING AUTHORITY - POWERS

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 29 )

5 . OFFICIALS - RECRUITMENT - GEOGRAPHICAL EQUILIBRIUM - SECONDARY CRITERION - INTERESTS OF THE SERVICE - PERSONAL MERITS OF THE CANDIDATES - PRIORITY

( STAFF REGULATIOS OF OFFICIALS, ARTICLE 27 )

Summary

1 . UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS, 'ANY PERSON TO WHOM THESE STAFF REGULATIONS APPLY' MEANS NOT ONLY OFFICIALS WHO ARE AT PRESENT SERVING BUT ALSO THOSE WHO WERE DOING SO PREVIOUSLY AND ANY CANDIDATES FOR A POST .

NEVERTHELESS, IN ORDER FOR A FORMER OFFICIAL TO BE ABLE TO LODGE AN APPEAL UNDER THESE PROVISIONS HE MUST HAVE IN ADDITION A PERSONAL INTEREST IN THE ANNULMENT OF THE CONTESTED MEASURE .

2 . THE SPECIAL RECRUITMENT PROCEDURE WITHIN THE MEANING OF ARTICLE 29 ( 2 ) APPLIES ALSO TO CANDIDATES WHO ARE OFFICIALS .

3 . RECOURSE TO ARTICLE 29 ( 2 ) IS NOT SUBJECT TO ANY CONDITION AS TO PUBLICATION .

4 . IT IS FOR THE APPOINTING AUTHORITY TO DECIDE, SUBJECT TO REVIEW BY THE COURT, THE SPECIAL NATURE OF THE QUALIFICATIONS NECESSARY TO FILL A POST .

5 . THE NEED FOR THE COMMUNITY ADMINISTRATION TO REMEDY A GEOGRAPHICAL DISEQUILIBRIUM IN THE POSTS WITHIN ITS DEPARTMENTS WHEN RECRUITING MUST GIVE WAY TO THE REQUIREMENTS OF THE INTERESTS OF THE SERVICE AND THE CONSIDERATION OF THE PERSONAL MERITS OF THE CANDIDATES .
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SOCIAL SECURITY - MIGRANT WORKERS - ALGERIA - PENSIONS - CALCULATION - INSURANCE PERIODS COMPLETED BEFORE 19 JANUARY 1965 - TAKING INTO CONSIDERATION

( REGULATION NO 109/65 OF THE COUNCIL, ARTICLE 16 ( 2 ))

Summary

IN SO FAR AS IS NECESSARY FOR THE ACQUISITION, THE MAINTENANCE OR THE RECOVERY OF THE RIGHT TO BENEFITS, INSURANCE PERIODS COMPLETED IN ALGERIA BEFORE 19 JANUARY 1965 MUST BE TAKEN INTO CONSIDERATION IN CALCULATING THE PENSIONS REFERRED TO IN CHAPTERS 2 AND 3 OF REGULATION NO 3 EVEN IF THE RISK MATERIALIZES AND THE CLAIM FOR A PENSION IS MADE AFTER THAT DATE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - ANALYSIS - METHODS - OBJECT - COMMERCIAL PURPOSES - METHOD OF CONTROL

( REGULATION NO 1539/71 OF THE COMMISSION )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - ANALYSIS - METHOD - NON-EXHAUSTIVE NATURE - COMPETENCE OF MEMBER STATES

( REGULATION NO 1539/71 OF THE COMMISSION )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - IMPORTATION - NATIONAL CONTROL - OVER-ALCOHOLIZATION - PRESUMPTION - METHOD OF ANALYSIS - PERMISSIBILITY - CONDITIONS

( REGULATIONS NOS 816/70 AND 817/70 OF THE COUNCIL; REGULATION NO 1539/71 OF THE COMMISSION; EEC TREATY, ARTICLE 30 )

Summary

1 . THE METHODS OF ANALYSIS LAID DOWN BY REGULATION NO 1539/71 ARE MANDATORY NOT MERELY WHEN WINE HAS TO BE ANALYSED FOR COMMERCIAL PURPOSES BUT ALSO WHENEVER THE DETERMINATION OF THE ELEMENTS REFERRED TO IS NECESSARY TO ESTABLISH FRAUD OR ADULTERATION .

2 . REGULATION NO 1539/71 IS NOT EXHAUSTIVE BUT LEAVES TO THE MEMBER STATES THE CHOICE OF APPLYING OTHER METHODS OF ANALYSIS FOR DETERMINING THE CONSTITUENT ELEMENTS OF WINE WHICH ARE NOT RELEVANT TO THE APPLICATION OF REGULATIONS NOS 816/70 AND 817/70 .

3 . A MEMBER STATE MAY IN THE PRESENT STATE OF COMMUNITY LAW APPLY AS A NATIONAL MEASURE OF CONTROL A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION WHICH IS BASED ON THE PROPORTION OF ALCOHOL TO THE DRY EXTRACT MEASURED BY THE 100* METHOD, PROVIDED THAT THAT PRESUMPTION IS CAPABLE OF BEING REBUTTED AND THAT IT IS APPLIED IN SUCH A WAY AS NOT TO PLACE AT A DISADVANTAGE, IN LAW OR IN FACT, WINES FROM OTHER MEMBER STATES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - INSURANCE PERIODS - AGGREGATION - CONVERSION INTO MONTHS - PERIOD ROUNDED UP TO A MONTH IN ACCORDANCE WITH LEGISLATION OF A MEMBER STATE - PERIOD COMPLETED IN ANOTHER MEMBER STATE - IDENTICAL TREATMENT

( COUNCIL REGULATION NO 574/72, ARTICLE 15 ( 3 ))

Summary

IF AN INSURANCE PERIOD OF LESS THAN ONE MONTH COMPLETED IN THE FEDERAL REPUBLIC OF GERMANY MUST, UNDER GERMAN LEGISLATION, BE TREATED AS A WHOLE MONTH, AN INSURANCE PERIOD COMPLETED IN ACCORDANCE WITH THE LEGISLATION OF ANOTHER MEMBER STATE AND WHICH, ON CONVERSION INTO MONTHS FOR THE PURPOSE OF AGGREGATION, PRODUCES A DECIMAL FRACTION, MUST ALSO BE ROUNDED UP TO THE NEXT HIGHEST FIGURE IN MONTHS, IN ORDER TO ENSURE THAT EMPLOYED WORKERS DO NOT, BECAUSE OF EMIGRATION, LOSE THE RIGHTS WHICH THEY HAVE ACQUIRED IN THEIR COUNTRY OF ORIGIN .
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1 . OFFICIALS - EMOLUMENTS - REGULAR TRANSFER - MEMBER STATE OTHER THAN THAT WHERE AN OFFICIAL IS EMPLOYED - NOT PERMISSIBLE

( STAFF REGULATIONS , ANNEX VII , ARTICLE 17 ( 1 ) )

2 . OFFICIALS - ADVANTAGE BASED ON AN IRREGULAR SITUATION - IMMEDIATE WITHDRAWAL - VESTED RIGHTS - PREJUDICE - ABSENCE

3 . OFFICIALS - NATIONAL LEGAL DOCUMENTS - FORWARDING BY THE COMMUNITY ADMINISTRATION - DILIGENCE - NEGLIGENCE - WRONGFUL ACT OR OMISSION

( EEC TREATY , ARTICLE 215 )

Summary

1 . THE EXCEPTIONS WHICH MAY BE MADE TO THE PRINCIPLE SET OUT IN ARTICLE 17 ( 1 ) CANNOT PERMIT AN OFFICIAL , EXCEPT BY WAY OF DEROGATION , TO HAVE THE WHOLE OF HIS EMOLUMENTS PAID BY THE INSTITUTION WHICH HE SERVES IN A MEMBER STATE OTHER THAN THAT WHERE HE IS EMPLOYED .

2 . THE IMMEDIATE WITHDRAWAL OF A BENEFIT BASED ON A SITUATION WHICH IS NOT IN CONFORMITY WITH THE STAFF REGULATIONS CANNOT INFRINGE THE PRINCIPLE THAT VESTED RIGHTS MUST BE RESPECTED .

3 . ONCE THE COMMUNITY ADMINISTRATION HAS UNDERTAKEN TO FORWARD LEGAL DOCUMENTS ADDRESSED TO ITS OFFICIALS IT MUST MAKE EVERY EFFORT TO ENSURE THAT THE DOCUMENT IN QUESTION IS DELIVERED AS SOON AS POSSIBLE TO THE PERSON TO WHOM IT IS ADDRESSED OR , IF SUCH DELIVERY IS NOT POSSIBLE , THAT IT IS RETURNED TO THE NATIONAL AUTHORITIES IN SUFFICIENT TIME TO ALLOW THEM TO EXAMINE OTHER METHODS OF DELIVERY .

THE FACT THAT AT THE TIME WHEN THE LEGAL DOCUMENT IS TO BE DELIVERED THE OFFICIAL IS ABSENT FROM WORK WITHOUT AUTHORIZATION MAY JUSTIFY THE APPLICATION OF DISCIPLINARY MEASURES UNDER THE STAFF REGULATIONS , BUT THIS CANNOT RELEASE THE COMMISSION FROM ITS DUTY TO MAKE EVERY EFFORT TO DELIVER THE LEGAL DOCUMENT TO THE PERSON TO WHOM IT IS ADDRESSED , WHERE NECESSARY BY SENDING IT TO THE PRIVATE RESIDENCE OF THE PERSON CONCERNED OR TO ANY OTHER ADDRESS NOTIFIED TO IT BY THE LATTER .

IF THE COMMUNITY ADMINISTRATION FAILS TO EFFECT SUCH NOTIFICATION ITS CONDUCT APPEARS TO CONSTITUTE A WRONGFUL ACT OR OMISSION SUCH AS TO RENDER IT LIABLE FOR ANY DAMAGE CAUSED TO THE PERSON CONCERNED .
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1 . AGRICULTURE - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUND - REGULATION NO 1041/67 , ARTIKEL 4 ( 1 ) - GENERAL APPLICATION

2 . AGRICULTURE - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUND - VARIATION - GRANT - CONDITIONS - REGULATION NO 1041/67 , ARTICLE 4 - INTERPRETATION

3 . AGRICULTURE - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORT REFUND - GRANT - CONDITIONS - MARKET OF DESTINATION - ARRIVAL OF THE GOODS - PROOF - OBJECTIVE CRITERIA - POWERS OF MEMBER STATES

( REGULATION NO 1041/67 , ARTICLE 4 )

Summary

1 . ARTICLE 4 ( 1 ) OF REGULATION NO 1041/67 IS A PROVISION OF GENERAL APPLICATION AND APPLIES IN ALL CASES WHERE THERE IS A REFUND , EVEN IF THE REFUND HAS BEEN VARIED ACCORDING TO THE DESTINATION .

2 . ARTICLE 4 OF REGULATION NO 1041/67 MUST BE INTERPRETED IN CONFORMITY WITH ARTICLE 6 OF REGULATION NO 876/68 AND , WHERE THE REFUND IS VARIED , MEANS THAT THE GOODS MUST HAVE BEEN GIVEN CUSTOMS CLEARANCE AND PUT INTO FREE CIRCULATION AT THE DESTINATION .

3 . ONLY OBJECTIVE CRITERIA CAN BE TAKEN INTO ACCOUNT IN ANSWERING THE QUESTION WHETHER GOODS HAVE REACHED THE MARKET AT THEIR DESTINATION . THE MEMBER STATES - THAT IS TO SAY THE AGENCY OF EACH MEMBER STATE ENTRUSTED WITH PAYING THE EXPORT REFUNDS - HAVE BEEN LAWFULLY AUTHORIZED TO REQUIRE PROOF THAT THE PRODUCT IN QUESTION HAS BEEN IMPORTED INTO A THIRD COUNTRY .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PERIODIC REPORTS - ADMISSIBILITY

( STAFF REGULATIONS , ARTICLE 91 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - PERIODIC REPORTS - DATE OF SIGNING BY THE HEAD OF THE ADMINISTRATION - COMMENCEMENT

( STAFF REGULATIONS , ARTICLE 91 )

3 . OFFICIALS - PERIODIC REPORT - NATURE

( STAFF REGULATIONS , ARTICLE 43 )

Summary

1 . IT IS CLEAR THAT PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS . ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWERS - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL . ACCORDINGLY AN APPLICATION TO THE COURT AGAINST A PERIODIC REPORT IS ADMISSIBLE .

2 . THE PERIODIC REPORT DOES NOT BECOME DEFINITIVE UNTIL SIGNED BY THE HEAD OF THE ADMINISTRATION . ACCORDINGLY THE FACT THAT THE OFFICIAL CONCERNED HAS IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THE DRAWING UP OF PERIODIC REPORTS HAD KNOWLEDGE OF THE CONTENT BEFORE THAT DATE IS NOT CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL TO START TO RUN OR OF SHORTENING IT .

3 . PERIODIC REPORTS DO NOT COME WITHIN THE CATEGORY OF DECISIONS WITHIN THE MEANING OF ARTICLE 25 OF THE STAFF REGULATIONS BUT ARE GOVERNED BY THE SPECIAL PROVISIONS LAID DOWN BY OR BY VIRTUE OF ARTICLE 43 OF THE STAFF REGULATIONS .
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1 . OFFICIALS - REQUEST THROUGH OFFICIAL CHANNELS - IMPLIED REJECTION - EXPRESS REJECTION WITHIN THE PERIOD FOR COMMENCING PROCEEDINGS - DATE - FRESH PERIOD - NOTIFICATION OF REJECTION - DELAY NOT TO BE TAKEN INTO ACCOUNT

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 ( 3 ), SECOND INDENT )

2 . OFFICIALS - APPLICATION TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - BELATED NOTIFICATION - PERIOD FOR COMMENCING PROCEEDINGS - CALCULATION

( STAFF REGULATIONS OF OFFICIALS , ARTICLES 90 AND 91 )

Summary

1 . AN EXPRESS DECISION REJECTING A COMPLAINT , ADOPTED WITHIN THE PERIOD FOR COMMENCING PROCEEDINGS AND AFTER THE IMPLIED DECISION REJECTING IT WITHIN THE MEANING OF THE SECOND INDENT OF ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS , MUST BE REGARDED AS ARISING AT THE DATE ON WHICH IT WAS ADOPTED BY THE COMPETENT AUTHORITY AND AS STARTING A NEW PERIOD TO BEGIN TO RUN WITHOUT ANY DELAY IN NOTIFICATION BEING TAKEN INTO ACCOUNT .

2 . IN THE EVENT OF THE BELATED NOTIFICATION ON AN ACT ADVERSELY AFFECTING AN OFFICIAL THE PERIOD FOR COMMENCING PROCEEDINGS MUST BE CALCULATED FROM THE DATE OF NOTIFICATION IF THE DELAY IS NOT ATTRIBUTABLE TO THE PERSON CONCERNED .
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1 . AGRICULTURE - AGRICULTURAL PRODUCTS - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - AMENDMENTS - POWERS OF THE COMMISSION - LIMITS

( REGULATION ( EEC ) NO 974/71 ; REGULATION ( EEC ) NO 725/74 )

2 . AGRICULTURE - MILK POWDER - FAT CONTENT IN EXCESS OF 3 % - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - REDUCTION - PROHIBITION

( REGULATION ( EEC ) NO 974/71 , ARTICLE 1 ; REGULATION ( EEC ) NO 218/74 , ARTICLE 1 ; REGULATION ( EEC ) NO 725/74 , ANNEX I , PART 5 )

3 . AGRICULTURE - AGRICULTURAL PRODUCTS - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - AMENDMENTS - REGULATION ( EEC ) NO 725/74 - VALIDITY

Summary

1 . IN ADOPTING THE AMENDMENTS TO THE MONETARY COMPENSATORY AMOUNTS THE COMMISSION DID NOT HAVE THE POWER TO FIX - WITH THE OBJECT OF AVOIDING ANY POSSIBILITY OF PLACING THESE PRODUCTS IN A LESS FAVOURABLE POSITION AS COMPARED TO THOSE PRODUCTS FOR WHICH THE CORRECT AMOUNT WAS LAID DOWN BY THE COUNCIL - THE RATES OF THE MONETARY COMPENSATORY AMOUNTS FOR THE PRODUCTS IN QUESTION AT A LEVEL LOWER THAN THAT WHICH WOULD HAVE BEEN APPLICABLE OTHERWISE . FURTHERMORE THE FACT THAT THE COUNCIL DEEMED IT NECESSARY IN EXCEPTIONAL CIRCUMSTANCES TO FIX A REDUCED INTERVENTION PRICE FOR SKIMMED-MILK POWDER FOR CERTAIN COUNTRIES DOES NOT NECESSARILY IMPLY THAT THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS APPLICABLE TO OTHER PRODUCTS DERIVED FROM MILK ALSO HAS TO BE AMENDED IN ORDER TO AVOID ANY POSSIBILITY OF PLACING SUCH PRODUCTS IN A LESS FAVOURABLE POSITION .

2 . THE COMBINED PROVISIONS OF ARTICLE 1 OF REGULATION ( EEC ) NO 974/71 , ARTICLE 1 OF REGULATION ( EEC ) NO 218/74 AND PART 5 OF ANNEX I TO THAT REGULATION IN THE VERSION CONTAINED IN REGULATION ( EEC ) NO 725/74 AND APPLICABLE TO POWDERED MILK UNDER TARIFF SUBHEADING 04.02 A II B 2 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT THEY DO NOT ALLOW THE REDUCTION OF THE MONETARY COMPENSATORY AMOUNTS BY 2 UNITS OF ACCOUNT OR LESS WHERE THE FAT CONTENT BY WEIGHT IS IN EXCESS OF 3 % .

3 . REGULATION NO 725/74 AMENDING THE MONETARY COMPENSATORY AMOUNTS IS VALID .
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1 . EEC - EXTERNAL RELATIONS - INTERNATIONAL COMMITMENTS - AUTHORITY OF THE COMMUNITY

( EEC TREATY , ARTICLE 210 )

2 . SEA - RESOURCES - CONSERVATION - FISHING - MEASURES - AUTHORITY OF THE EEC

3 . SEA-FISHING - INTERNATIONAL AGREEMENTS - PARTICIPATION AND TASKS OF THE EEC - OBLIGATIONS OF THE MEMBER STATES

( ACT OF ACCESSION , ARTICLE 102 )

4 . SEA-FISHING - FISHING ACTIVITIES - LIMITATION BY A MEMBER STATE - CONSERVATION OF RESOURCES - INFRINGEMENT OF ARTICLE 30 ET SEQ . OF THE TREATY AND OF REGULATIONS NOS 2141/70 AND 2142/70 - NONE

Summary

1 . ARTICLE 210 OF THE EEC TREATY MEANS THAT IN ITS EXTERNAL RELATIONS THE COMMUNITY ENJOYS THE CAPACITY TO ENTER INTO INTERNATIONAL COMMITMENTS OVER THE WHOLE FIELD OF OBJECTIVES DEFINED IN PART ONE OF THE TREATY . SUCH AUTHORITY ARISES NOT ONLY FROM AN EXPRESS CONFERMENT BY THE TREATY , BUT MAY EQUALLY FLOW IMPLICITLY FROM OTHER PROVISIONS OF THE TREATY , FROM THE ACT OF ACCESSION AND FROM MEASURES ADOPTED , WITHIN THE FRAMEWORK OF THOSE PROVISIONS , BY THE COMMUNITY INSTITUTIONS .

2 . IT FOLLOWS FROM THE VERY DUTIES AND POWERS WHICH COMMUNITY LAW HAS ESTABLISHED AND ASSIGNED TO THE INSTITUTIONS OF THE COMMUNITY ON THE INTERNAL LEVEL THAT THE COMMUNITY HAS AUTHORITY TO TAKE ANY MEASURES FOR THE CONSERVATION OF THE DIFFERENT MEMBER STATES . THE RULE-MAKING AUTHORITY OF THE COMMUNITY RATIONE MATERIALE ALSO EXTENDS - IN SO FAR AS THE MEMBER STATES HAVE SIMILAR AUTHORITY UNDER PUBLIC INTERNATIONAL LAW - TO FISHING ON THE HIGH SEAS .

3 . MEMBER STATES PARTICIPATING IN THE NORTH-EAST ATLANTIC FISHERIES CON- VENTION AND IN OTHER SIMILAR AGREEMENTS ARE NOW NOT ONLY UNDER A DUTY NOT TO ENTER INTO ANY COMMITMENT WITHIN THE FRAMEWORK OF THOSE CONVENTIONS WHICH COULD HINDER THE COMMUNITY IN CARRYING OUT THE TASKS ENTRUSTED TO IT BY ARTICLE 102 OF THE ACT OF ACCESSION , BUT ALSO UNDER A DUTY TO PROCEED BY COMMON ACTION WITHIN THE FISHERIES COMMISSION .

FURTHER , AS SOON AS THE COMMUNITY INSTITUTIONS HAVE INITIATED THE PROCEDURE FOR IMPLEMENTING THE PROVISIONS OF THE SAID ARTICLE 102 , AND AT THE LATEST WITHIN THE PERIOD LAID DOWN BY THAT ARTICLE , THOSE INSTITUTIONS AND THE MEMBER STATES WILL BE UNDER A DUTY TO USE ALL THE POLITICAL AND LEGAL MEANS AT THEIR DISPOSAL IN ORDER TO ENSURE THE PARTICIPATION OF THE COMMUNITY IN THE CONVENTION AND IN OTHER SIMILAR AGREEMENTS .

4 . A MEMBER STATE DOES NOT JEOPARDIZE THE OBJECTIVES OR THE PROPER FUNCTIONING OF THE SYSTEM ESTABLISHED BY REGULATIONS NOS 2141/70 AND 2142/70 , RESPECTIVELY LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY AND ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS , IF IT ADOPTS MEASURES INVOLVING A LIMITATION OF FISHING ACTIVITIES WITH A VIEW TO CONSERVING THE RESOURCES OF THE SEA . NEITHER DO SUCH MEASURES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON INTRA-COMMUNITY TRADE WHICH ARE PROHIBITED UNDER ARTICLE 30 ET SEQ . OF THE TREATY .
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1 . TURNOVER TAX - NATIONAL LEGISLATION - HARMONIZATION - CAPITAL GOODS - CONCEPT - POWERS OF DEFINITION OF THE MEMBER STATES

( SECOND COUNCIL DIRECTIVE OF 11 APRIL 1967 ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES , ARTICLE 17 )

2 . MEASURES ADOPTED BY AN INSTITUTION - DIRECT EFFECT - DIRECTIVES

( EEC TREATY , ARTICLE 189 )

3 . TURNOVER TAX - LEGISLATION OF THE MEMBER STATES - HARMONIZATION - GOODS USED FOR THE PURPOSES OF AN UNDERTAKING - NOT IN THE NATURE OF CAPITAL GOODS - VALUE-ADDED TAX - IMMEDIATE DEDUCTION - RIGHT - PROTECTION BY THE NATIONAL COURT

( SECOND COUNCIL DIRECTIVE OF 11 APRIL 1967 ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES , ARTICLES 11 AND 17 )

Summary

1 . THE WORDS ' CAPITAL GOODS ' APPEARING IN THE THIRD INDENT OF ARTICLE 17 OF THE SECOND COUNCIL DIRECTIVE OF 11 APRIL 1967 , ON THE HARMONIZATION OF LEGIS- LATION OF MEMBER STATES CONCERNING TURNOVER TAXES , MEAN GOODS USED FOR THE PURPOSES OF SOME BUSINESS ACTIVITY AND DISTINGUISHABLE BY THEIR DURABLE NATURE AND THEIR VALUE AND SUCH THAT THE ACQUISITION COSTS ARE NOT NORMALLY TREATED AS CURRENT EXPENDITURE , BUT ARE WRITTEN OFF OVER SEVERAL YEARS . THE MEMBER STATES HAVE A CERTAIN MARGIN OF DISCRETION AS REGARDS THE REQUIRE- MENTS WHICH MUST BE SATISFIED CONCERN- ING THE DURABILITY AND VALUE OF THE GOODS , TOGETHER WITH THE RULES APPLICABLE FOR WRITING OFF , PROVIDED THAT THEY PAY DUE REGARD TO THE EXISTENCE OF AN ESSENTIAL DIFFERENCE BETWEEN CAPITAL GOODS AND THE OTHER GOODS USED IN THE MANAGEMENT AND IN THE DAY TO DAY RUNNING OF UNDERTAKINGS . 2 . IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT ATTRIBUTED TO A DIRECTIVE BY ARTICLE 189 TO EXCLUDE , IN PRINCIPLE , THE POSSIBILITY THAT THE OBLIGATION WHICH IT IMPOSES MAY BE INVOKED BY THOSE CONCERNED . IN PARTICULAR , WHERE THE COMMUNITY AUTHORITIES HAVE , BY DIRECTIVE , IMPOSED ON MEMBER STATES THE OBLIGATION TO PURSUE A PARTICULAR COURSE OF CONDUCT , THE USEFUL EFFECT OF SUCH AN ACT WOULD BE WEAKENED IF INDIVIDUALS WERE PREVENTED FROM RELYING ON IT BEFORE THEIR NATIONAL COURT AND IF THE LATTER WERE PREVENTED FROM TAKING IT INTO CONSIDERATION AS AN ELEMENT OF COMMUNITY LAW . THIS IS ESPECIALLY SO WHEN THE INDIVIDUAL INVOKES A PROVISION OF A DIRECTIVE BEFORE A NATIONAL COURT IN ORDER THAT THE LATTER SHALL RULE WHETHER THE COMPETENT NATIONAL AUTHORITIES , IN EXERCISING THE CHOICE WHICH IS LEFT TO THEM AS TO THE FORM AND THE METHODS FOR IMPLEMENTING THE DIRECTIVE , HAVE KEPT WITHIN THE LIMITS AS TO THEIR DISCRETION SET OUT IN THE DIRECTIVE .

3 . IN THE CASE OF GOODS PURCHASED IN 1972 AND INTENDED TO BE USED FOR THE PURPOSES OF THE UNDERTAKING WHICH DO NOT BELONG TO THE CATEGORY OF CAPITAL GOODS WITHIN THE MEANING OF ARTICLE 17 OF THE DIRECTIVE , IT IS THE DUTY OF THE NATIONAL COURT BEFORE WHICH THE RULE AS TO IMMEDIATE DEDUCTION SET OUT IN ARTICLE 11 OF THE DIRECTIVE IS INVOKED TO TAKE THOSE FACTS INTO ACCOUNT IN SO FAR AS A NATIONAL IMPLEMENTING MEASURE FALLS OUTSIDE THE LIMITS OF THE MARGIN OF THE DISCRETION LEFT TO THE MEMBER STATES .