ddrg/super_eurlex huggingface dataset:
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - SUBJECT OF MAINTENANCE OBLIGATIONS - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 , FIRST PARAGRAPH )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - CLAIM ANCILLARY TO PROCEEDINGS WHICH ARE EXCLUDED BY VIRTUE OF THEIR SUBJECT-MATTER - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 , FIRST PARAGRAPH )

3 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - DISTINCTION BETWEEN INTERIM AND FINAL MEASURES - NONE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 1 AND 24 )

4 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - INTERLOCUTORY MEASURE ORDERING THE PAYMENT OF A MAINTENANCE ALLOWANCE DURING DIVORCE PROCEEDINGS - INTERIM COMPENSATION PAYMENT AWARDED BY A DIVORCE JUDGMENT - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 , FIRST PARAGRAPH )

Summary

1 . THE SUBJECT OF MAINTENANCE OBLIGATIONS FALLS OF ITSELF WITHIN THE CONCEPT OF ' ' CIVIL . . . MATTERS ' ' WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 1 OF THE CONVENTION AND ACCORDINGLY COMES WITHIN THE SCOPE OF THE CONVENTION SINCE IT HAS NOT BEEN EXCEPTED BY THE SECOND PARAGRAPH OF THAT ARTICLE .

2 . A CLAIM FALLS WITHIN THE SCOPE OF THE CONVENTION WHERE ITS OWN SUBJECT-MATTER IS ONE OF THE MATTERS COVERED BY THE CONVENTION EVEN IF IT IS ANCILLARY TO PROCEEDINGS WHICH , BECAUSE OF THEIR SUBJECT-MATTER , DO NOT COME WITHIN THE CONVENTION ' S SPHERE OF APPLICATION .

3 . THE INTERIM OR FINAL NATURE OF A JUDGMENT IS NOT RELEVANT TO WHETHER THE JUDGMENT COMES WITHIN THE SCOPE OF THE CONVENTION .

4 . THE CONVENTION IS APPLICABLE , ON THE ONE HAND , TO THE ENFORCEMENT OF AN INTERLOCUTORY ORDER MADE BY A FRENCH COURT IN DIVORCE PROCEEDINGS WHEREBY ONE OF THE PARTIES TO THE PROCEEDINGS IS AWARDED A MONTHLY MAINTENANCE ALLOWANCE AND , ON THE OTHER HAND , TO AN INTERIM COMPENSATION PAYMENT , PAYABLE MONTHLY , AWARDED TO ONE OF THE PARTIES BY A FRENCH DIVORCE JUDGMENT PURSUANT TO ARTICLE 270 ET SEQ . OF THE FRENCH CIVIL CODE .
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1 . PROCEDURE - PERIOD PRESCRIBED FOR BRINGING ACTIONS - MANDATORY REQUIREMENT - COURT TO CONSIDER OF ITS OWN MOTION

2 . OFFICIALS - PROCEEDINGS - PERIODS PRESCRIBED - DATE WHEN PERIOD BEGINS TO RUN - NOTIFICATION OF DECISION ADOPTED IN REPLY TO COMPLAINT - ONUS OF PROOF OF NOTIFICATION

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 3 ))

3 . OFFICIALS - PROCEEDINGS - PREPARATORY ACTS - DECISIONS RECORDING REFUSAL OF POSTS OFFERED AT END OF LEAVE ON PERSONAL GROUNDS - ILLEGALITY RELIED ON IN CONNEXION WITH APPLICATION DIRECTED AGAINST DECISION RELATING TO COMPULSORY RESIGNATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 40 ( 4 ) ( D ) AND 91 )

4 . OFFICIALS - LEAVE ON PERSONAL GROUNDS - REINSTATEMENT - ADMINISTRATION ' S OFFER OF EMPLOYMENT SUBJECT TO REASONABLE TIME-LIMIT FOR TAKING UP DUTY - REFUSAL OF POST OFFERED - CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ART . 40 ( 4 ) ( D ))

Summary

1 . SINCE OBSERVANCE OF THE PERIODS PRESCRIBED FOR BRINGING ACTIONS IS A MANDATORY REQUIREMENT IT IS FOR THE COURT TO ASCERTAIN , EVEN OF ITS OWN MOTION , WHETHER IT HAS BEEN COMPLIED WITH .

2 . THE ONUS OF PROVING NOTIFICATION OF A DECISION ADOPTED IN REPLY TO A COMPLAINT WITHIN THE MEANING OF THE FIRST INDENT OF ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS OF OFFICIALS AND OF THE DATE OF SUCH NOTIFICATION LIES ON THE DEFENDANT INSTITUTION .

3 . IT FOLLOWS FROM ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS THAT DECISIONS RECORDING THE SUCCESSIVE REFUSALS OF AN OFFICIAL TO ACCEPT THE POSTS OFFERED TO HIM AT THE END OF HIS LEAVE ON PERSONAL GROUNDS ARE ONLY DECISIONS PREPARATORY TO THE DECISION REQUIRING THE APPLICANT TO RESIGN , SO THAT THE POSSIBILITY THAT THEY MAY BE ILLEGAL MAY BE RELIED ON IN AN ACTION BROUGHT AGAINST SUCH RESIGNATION .

4 . WHEN A VACANT POST IN AN ADMINISTRATION IS FILLED REGARD MUST BE HAD TO THE EXIGENCIES OF THE PUBLIC SERVICE RATHER THAN TO THE PERSONAL CONVENIENCE OF OFFICIALS . CONSEQUENTLY WHEN THE COMPETENT AUTHORITY , IN PURSUANCE OF ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS , OFFERS A POST TO AN OFFICIAL , ALLOWING HIM A REASONABLE TIME WITHIN WHICH TO TAKE UP DUTY , HIS REFUSAL OR FAILURE TO TAKE THE POST UP ON THE DATE WHICH HAS BEEN FIXED MAY BE TREATED AS A REFUSAL , WHICH IS NOT INCONSISTENT WITH A PURELY FORMAL ACCEPTANCE OF THE POST WHICH IS NOT SUBSEQUENTLY PUT INTO EFFECT .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REFORM OF STRUCTURES - MODERNIZATION OF FARMS - SYSTEM OF AIDS - OBJECT - DEVELOPMENT OF FARMS FOR AGRICULTURAL PURPOSES - PROVISION OF A WATER SUPPLY WITH A VIEW TO THE CONSTRUCTION OF DWELLING-HOUSES - EXCLUSION

( COUNCIL DIRECTIVE NO 72/159/EEC , ARTS 13 AND 14 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REFORM OF STRUCTURES - MODERNIZATION OF FARMS - DIRECTIVE NO 72/159 - JUDICIAL REMEDIES IN RESPECT OF NATIONAL DECISIONS TAKEN IN IMPLEMENTATION THEREOF - APPLICATION OF NATIONAL LAW

( COUNCIL DIRECTIVE NO 72/159/EEC )

Summary

1 . COUNCIL DIRECTIVE NO 72/159 ON THE MODERNIZATION OF FARMS , AND ARTICLES 13 AND 14 THEREOF IN PARTICULAR , IS CONCERNED EXCLUSIVELY WITH THE DEVELOPMENT OF FARMS FOR AGRICULTURAL PURPOSES AND MAY NOT APPLY TO THE PROVISION OF A WATER SUPPLY CARRIED OUT WITH A VIEW TO THE CONSTRUCTION OF DWELLING-HOUSES .

2.DIRECTIVE NO 72/159 MUST BE UNDERSTOOD AS OBLIGING OR , AS THE CASE MAY BE , AUTHORIZING MEMBER STATES TO ESTABLISH OR MAINTAIN SCHEMES WHICH SATISFY , GENERALLY , THE CRITERIA LAID DOWN BY THE COMMUNITY IN REGARD TO THE REFORM OF AGRICULTURAL STRUCTURES BUT WHICH , FOR THE REST , ARE CONSTITUTED IN ACCORDANCE WITH THE NATIONAL LAW OF EACH MEMBER STATE .

FROM THAT IT FOLLOWS THAT THE SAID DIRECTIVE CONTAINS NO SPECIFIC OBLIGATIONS REGARDING THE PROVISION OF JUDICIAL REMEDIES IN RESPECT OF ADMINISTRATIVE DECISIONS TAKEN IN THE FRAMEWORK OF THE NATIONAL PROVISIONS LAID DOWN IN IMPLEMENTATION OF IT , THAT MATTER REMAINING SUBJECT TO THE NATIONAL LAW OF EACH MEMBER STATE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - CALCULATION OF BENEFITS - APPLICATION BY ANALOGY WITH PROVISIONS ON INSURANCE FOR OLD AGE AND DEATH - CALCULATION OF THE THEORETICAL AND ACTUAL AMOUNT - SUPPLEMENTARY PERIOD ( ' ' ZURECHNUNGSZEIT ' ' ) - INCLUSION IN THE CALCULATION OF THE THEORETICAL AMOUNT - EXCLUSION IN THE CALCULATION OF THE ACTUAL AMOUNT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 46 ( 2 ) ( A ) AND ( B ))

Summary

ALTHOUGH THE CALCULATION TO BE CARRIED OUT UNDER ARTICLE 46 ( 2 ) ( A ) OF REGULATION NO 1408/71 IS INTENDED TO GIVE A WORKER THE MAXIMUM THEORETICAL AMOUNT WHICH HE COULD CLAIM IF ALL PERIODS OF INSURANCE HAD BEEN COMPLETED IN THE STATE IN QUESTION , THE PURPOSE OF THE CALCULATION UNDER ARTICLE 46 ( 2 ) ( B ) IS SOLELY TO APPORTION THE RESPECTIVE BURDENS OF THE BENEFIT BETWEEN THE INSTITUTIONS OF THE MEMBER STATES CONCERNED IN THE RATIO OF THE LENGTH OF THE PERIODS OF INSURANCE COMPLETED IN EACH OF THE SAID MEMBER STATES BEFORE THE RISK MATERIALIZED .

IT FOLLOWS THAT IF , IN ORDER TO EVALUATE THE BENEFIT AWARDED IN THE EVENT OF PREMATURE INVALIDITY OR DEATH OF THE INSURED PERSON , THE LEGISLATION OF A MEMBER STATE PROVIDES THAT THE BENEFIT MUST BE CALCULATED IN RELATION TO NOT ONLY PERIODS OF INSURANCE COMPLETED BY THE INSURED PERSON BUT ALSO IN RELATION TO A SUPPLEMENTARY PERIOD ( ' ' ZURECHNUNGSZEIT ' ' ) EQUIVALENT TO THE INTERVAL OF THE TIME BETWEEN THE AGE OF THE INSURED PERSON AT THE TIME AT WHICH THE RISK MATERIALIZED AND THE TIME AT WHICH HE REACHED THE AGE OF 55 , THAT SUPPLEMENTARY PERIOD MUST ALSO BE TAKEN INTO ACCOUNT IN THE CALCULATION OF THE THEORETICAL AMOUNT REFERRED TO IN ARTICLE 46 ( 2 ) ( A ) BUT NOT IN THE CALCULATION OF THE ACTUAL AMOUNT REFERRED TO IN ARTICLE 46 ( 2 ) ( B ) OF REGULATION NO 1408/71 .
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FREE MOVEMENT OF GOODS - NATIONAL RULES PROHIBITING RESIDENTS FROM USING VEHICLES ADMITTED UNDER A SCHEME FOR TEMPORARY IMPORTATION - COMPATIBILITY WITH THE EEC TREATY

Summary

THE RULES OF THE EEC TREATY RELATING TO THE FREE MOVEMENT OF GOODS DO NOT PRECLUDE THE IMPOSITION BY NATIONAL RULES ON PERSONS RESIDING IN THE TERRITORY OF A MEMBER STATE OF A PROHIBITION , SUBJECT TO CRIMINAL PENALTIES , ON THE USE OF MOTOR VEHICLES ADMITTED UNDER A SCHEME FOR TEMPORARY IMPORTATION AND THUS EXEMPT FROM PAYMENT OF VALUE ADDED TAX .
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1 . OFFICIALS - APPLICATIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT REGARDING PERIODIC REPORT - CONDITION UNNECESSARY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - APPLICATIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT BY A THIRD PARTY AGAINST A DECISION REGARDING PROMOTION - TIME-LIMITS - POINT FROM WHICH TIME-LIMITS START TO RUN - DAY OF POSTING OF THE DECISION - PUBLICATION IN THE MONTHLY STAFF BULLETIN - IRRELEVANCE

( STAFF REGULATIONS OF OFFICIALS , THIRD PARAGRAPH OF ART . 25 AND ART . 90 ( 2 ))

3 . OFFICIALS - APPLICATIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - MANDATORY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

4 . PROCEDURE - COSTS - COSTS UNREASONABLY OR VEXATIOUSLY CAUSED

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 69 ( 3 ))

Summary

1 . ACTION AGAINST THE PERIODIC REPORT LIES AS FROM THE DATE ON WHICH THAT REPORT MAY BE REGARDED AS FINAL AND IT IS NOT POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS .

2 . WHILST IT IS TRUE THAT THE THIRD PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS SPECIFIES THAT CERTAIN DECISIONS RELATING TO SPECIFIC INDIVIDUALS REGARDING THE PROMOTION OF AN OFFICIAL MUST BE POSTED AND PUBLISHED IT SHOULD BE NOTED THAT , WITH REGARD TO THIRD PARTIES WHO ARE CONCERNED , THE GENERAL SCHEME OF THE SECOND INDENT OF ARTICLE 90 ( 2 ) IMPLIES THAT THE PERIOD DURING WHICH A COMPLAINT MUST BE LODGED STARTS TO RUN AS FROM THE DAY WHEN THE THIRD PARTY CONCERNED RECEIVES NOTIFICATION OF THE MEASURE IN DISPUTE BUT IN NO CASE ' ' LATER THAN THE DATE OF PUBLICATION ' ' . IN THE CASE OF DECISIONS REGARDING THE PROMOTION OF OFFICIALS ' ' THE POSTING AT ONCE ' ' OF SUCH DECISIONS IN THE PREMISES OF THE INSTITUTION TO WHICH THE OFFICIAL BELONGS IS WHOLLY IN CONFORMITY WITH THE OBJECTIVE OF THAT MEASURE WHICH IS TO BRING SUCH INDIVIDUAL DECISIONS TO THE ATTENTION OF THE RESTRICTED CLASS OF PERSONS CONCERNED WHEREAS THE SOLE PURPOSE OF PUBLICATION IN THE MONTHLY STAFF BULLETIN IS TO PROVIDE GENERAL INFORMATION WHICH DOES NOT HAVE ANY PARTICULAR LEGAL EFFECT .

3 . THE PERIODS PRESCRIBED FOR INSTITUTING PROCEEDINGS ARE MANDATORY IN NATURE AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT . THIS ALSO APPLIES TO THE PERIODS FOR LODGING COMPLAINTS WHICH , FROM THE PROCEDURAL POINT OF VIEW , PRECEDE THEM AND ARE OF THE SAME NATURE SINCE THEY BOTH CONTRIBUTE , WITH THE OBJECTIVE OF ENSURING LEGAL CERTAINTY , TO THE REGULATION OF THE SAME REMEDY .

4 . WHERE AN OFFICIAL PERSISTS IN PURSUING JUDICIAL PROCEEDINGS WITHOUT BEING ABLE TO ESTABLISH A REAL INTEREST ALTHOUGH , AS A RESULT OF HIS COMPLAINTS AND BY MEANS OF THE INTERNAL REVIEW PROCEDURE WITHIN THE DEFENDANT ADMINISTRATION , HE HAS THE ASSESSMENTS MADE ON HIM IN A PERIODIC REPORT FAVOURABLY REVISED IT IS RIGHT TO ORDER HIM TO PAY THE WHOLE OF THE COSTS PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - PURPOSE

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 2 ))

2 . OFFICIALS - REMUNERATION - WEIGHTINGS - DETERMINATION - CRITERIA THEREFOR - LIVING CONDITIONS IN THE VARIOUS PLACES OF EMPLOYMENT - CONCEPT OF THE PLACE OF EMPLOYMENT - CORRESPONDING OBLIGATION OF THE INSTITUTIONS

( STAFF REGULATIONS OF OFFICIALS , FIRST PARAGRAPH OF ART . 64 )

3 . OFFICIALS - REMUNERATION - ADJUSTMENT IN THE EVENT OF A SUBSTANTIAL RISE IN THE COST OF LIVING - ADJUSTMENT OF WEIGHTINGS - DUTY OF COUNCIL - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 65 ( 2 ))

Summary

1 . UNDER ARTICLE 91 OF THE STAFF REGULATIONS AN APPEAL TO THE COURT OF JUSTICE LIES ONLY IF THE APPOINTING AUTHORITY HAS PREVIOUSLY HAD A COMPLAINT SUBMITTED TO IT AND THE COMPLAINT HAS BEEN REJECTED BY A DECISION . THE OBJECT OF THAT PROVISION IS TO PERMIT AND ENCOURAGE AN AMICABLE SETTLEMENT OF THE DISPUTE WHICH HAS ARISEN BETWEEN OFFICIALS OR OTHER EMPLOYEES AND THE ADMINISTRATION AND , IN ORDER TO COMPLY WITH THAT REQUIREMENT , IT IS ESSENTIAL THAT THE ADMINISTRATION SHOULD BE IN A POSITION TO KNOW THE COMPLAINTS OR REQUESTS OF THE PERSONS CONCERNED .

2 . IN ORDER THAT THE RULE CONTAINED IN ARTICLE 64 OF THE STAFF REGULATIONS TO THE EFFECT THAT ACCOUNT MUST BE TAKEN OF LIVING CONDITIONS IN THE VARIOUS ' ' PLACES OF EMPLOYMENT ' ' MAY BE OBSERVED , THAT EXPRESSION MUST BE UNDERSTOOD AS MEANING NOT ONLY THE CAPITALS OF THE MEMBER STATES BUT THE EXACT PLACES WHERE THE DUTIES OF A SUFFICIENTLY LARGE NUMBER OF OFFICIALS AND OTHER EMPLOYEES OF THE COMMUNITIES ARE PERFORMED .

THEREFORE IT IS FOR THE COMMUNITY INSTITUTIONS IN CASES IN WHICH THE COST OF LIVING IN SUCH A PLACE OF EMPLOYMENT UNDERGOES FLUCTUATIONS GREATER THAN THOSE OCCURRING IN THE CAPITAL OF THE STATE IN QUESTION TO DETERMINE SEPARATE WEIGHTINGS .

3 . THE WORDING OF ARTICLE 65 ( 2 ) PRECLUDES ANY INTERPRETATION TO THE EFFECT THAT THE COUNCIL IS NOT OBLIGED TO ADJUST THE WEIGHTINGS WITHIN A PERIOD OF TWO MONTHS FOLLOWING ANY SUBSTANTIAL CHANGE IN THE COST OF LIVING . THE COUNCIL ' S POWER IN THIS RESPECT IS TO DECIDE WHETHER OR NOT THERE HAS BEEN A SUBSTANTIAL INCREASE IN THE COST OF LIVING AND , IF THERE HAS , TO DRAW THE APPROPRIATE CONCLUSIONS . ANY OTHER INTERPRETATION WOULD RUN COUNTER TO THE OBJECTIVE OF THE PROVISION IN QUESTION WHICH IS TO GUARANTEE TO ALL OFFICIALS THE SAME PURCHASING POWER WHATEVER THEIR PLACE OF EMPLOYMENT .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - CALCULATION - COMPOUND PRODUCTS - CONSTITUENTS WHICH DO NOT SATISFY THE CONDITION OF DEPENDENCE CONTAINED IN ARTICLE 1 ( 2 ) ( B ) OF REGULATION NO 974/71 - TAKING INTO CONSIDERATION - PERMISSIBILITY - DISCRETIONARY POWER OF THE COMMISSION

( REGULATION NO 974/71 OF THE COUNCIL , ARTICLE 1 ( 2 ) ( B ); REGULATIONS NOS 2547/74 AND 539/75 OF THE COMMISSION )

Summary

THE IMPLEMENTATION BY THE COMMISSION OF ARTICLE 1 OF REGULATION NO 974/71 IMPLIES A WIDE DISCRETIONARY POWER AS RESPECTS THE DEPENDENCE OF THE PRICE OF THE PRODUCTS IN QUESTION ON THE PRICE OF ONE OR MORE AGRICULTURAL PRODUCTS COVERED BY INTERVENTION ARRANGEMENTS IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKET AND AS RESPECTS THE ASCERTAINMENT OR ANTICIPATION OF DISTURBANCES IN TRADE IN THE PRODUCTS OR PRODUCTS CONCERNED .

THE FACT THAT A PARTICULAR COMPOUND PRODUCT CONTAINS A MORE OR LESS SUBSTANTIAL PERCENTAGE OF A PRODUCT WHICH DOES NOT SATISFY THE CONDITION OF DEPENDENCE CONTAINED IN ARTICLE 1 ( 2 ) ( B ) OF REGULATION NO 974/71 DOES NOT HAVE THE RESULT OF IMPOSING ON THE COM- MISSION AN AUTOMATIC DUTY TO EXCLUDE THAT ELEMENT FROM THE CALCULATION OF MONETARY COMPENSATORY AMOUNTS . IN FACT , THE DETERMINATION OF THOSE AMOUNTS IS SUBJECT TO A COMPLEX ASSESSMENT MADE UP OF VARIOUS FACTORS RELATED TO THE NATURE OF THE FEEDINGSTUFFS AND THE RELATIONSHIP , IN TERMS OF VOLUME AND VALUE , OF THEIR VARIOUS CONSTITUENTS .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .
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1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - RIGHTS - PROTECTION - LIMITS - EXHAUSTION OF RIGHTS - GOODS COVERED BY A COPYRIGHT OR A TRADE MARK - LAWFUL MARKETING IN A MEMBER STATE - PROHIBITION OF IMPORTATION INTO ANOTHER MEMBER STATE - NOT PERMISSIBLE

( EEC TREATY , ARTS 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION ON UNFAIR COMPETITION - APPLICATION TO IMPORTED GOODS - FACT OF IMPORTATION INCAPABLE OF AMOUNTING TO AN ACT OF UNFAIR COMPETITION

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - PROVISIONS OF TREATY - MANDATORY NATURE - DEROGATIONS AGREED BETWEEN INDIVIDUALS - NOT PERMISSIBLE

Summary

1 . IT IS CLEAR FROM ARTICLE 36 OF THE EEC TREATY , IN PARTICULAR THE SECOND SENTENCE , AS WELL AS FROM THE CONTEXT , THAT WHILST THE TREATY DOES NOT AFFECT THE EXISTENCE OF RIGHTS RECOGNIZED BY THE LEGISLATION OF A MEMBER STATE IN MATTERS OF INDUSTRIAL AND COMMERCIAL PROPERTY , YET THE EXERCISE OF THOSE RIGHTS MAY NONE THE LESS , DEPENDING ON THE CIRCUMSTANCES , BE RESTRICTED BY THE PROHIBITIONS OF THE TREATY . INASMUCH AS IT PROVIDES AN EXCEPTION TO ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET , ARTICLE 36 IN FACT ADMITS EXCEPTIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT-MATTER OF THAT PROPERTY . THE EXCLUSIVE RIGHT GUARANTEED BY THE LEGISLATION ON INDUSTRIAL AND COMMERCIAL PROPERTY IS EXHAUSTED WHEN A PRODUCT HAS BEEN LAWFULLY DISTRIBUTED ON THE MARKET IN ANOTHER MEMBER STATE BY THE ACTUAL PROPRIETOR OF THE RIGHT OR WITH HIS CONSENT .

HENCE JUDICIAL AUTHORITIES OF A MEMBER STATE MAY NOT PROHIBIT , ON THE BASIS OF A COPYRIGHT OR OF A TRADE MARK , THE MARKETING ON THE TERRITORY OF THAT STATE OF A PRODUCT TO WHICH ONE OF THOSE RIGHTS APPLIES IF THAT PRODUCT HAS BEEN LAWFULLY MARKETED ON THE TERRITORY OF ANOTHER MEMBER STATE BY THE PROPRIETOR OF SUCH RIGHTS OR WITH HIS CONSENT .

2 . COMMUNITY LAW DOES NOT IN PRINCIPLE HAVE THE EFFECT OF PREVENTING THE APPLICATION IN A MEMBER STATE TO GOODS IMPORTED FROM OTHER MEMBER STATES OF THE PROVISIONS ON MARKETING IN FORCE IN THE STATE OF IMPORTATION . IT FOLLOWS THAT THE MARKETING OF IMPORTED GOODS MAY BE PROHIBITED IF THE CONDITIONS ON WHICH THEY ARE SOLD CONSTITUTES AN INFRINGEMENT OF THE MARKETING USAGES CONSIDERED PROPER AND FAIR IN THE MEMBER STATE OF IMPORTATION .

HOWEVER , THE ACTUAL FACT OF THE IMPORTATION OF GOODS WHICH HAVE BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE CANNOT BE CONSIDERED AS AN IMPROPER OR UNFAIR ACT SINCE THAT DESCRIPTION MAY BE ATTACHED ONLY TO OFFER OR EXPOSURE FOR SALE ON THE BASIS OF CIRCUMSTANCES DISTINCT FROM THE IMPORTATION ITSELF .

3 . IT IS IMPOSSIBLE IN ANY CIRCUMSTANCES FOR AGREEMENTS BETWEEN INDIVIDUALS TO DEROGATE FROM THE MANDATORY PROVISIONS OF THE TREATY ON THE FREE MOVEMENT OF GOODS .
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OFFICIALS - PENSION - CREDIT FOR YEARS OF SERVICE - PURPOSE - COMPENSATION FOR PENSION RIGHTS ACQUIRED IN COUNTRY OF ORIGIN - CALCULATION - REFERENCE TO DATE OF TERMINATION OF NATIONAL EMPLOYMENT - SUBSEQUENT LEGISLATION RETROACTIVELY AMENDING CALCULATION OF RIGHTS ACCRUED OF NO EFFECT - TAKING INTO ACCOUNT PENSION RIGHTS RETAINED BY VIRTUE OF VOLUNTARY INSURANCE - EXCLUSION OF VOLUNTARY CONTRIBUTIONS PAID BY THE PERSON CONCERNED AFTER THE TERMINATION OF NATIONAL EMPLOYMENT

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC , ART . 102 ( 2 ); STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , ART . 107 )

Summary

CREDIT FOR YEARS OF PENSIONABLE SERVICE PROVIDED FOR IN ARTICLE 102 ( 2 ) OF THE FORMER STAFF REGULATIONS OF OFFICIALS OF THE ECSC AND IN ARTICLE 107 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES ARE INTENDED TO PROVIDE WITHIN THE FRAMEWORK OF THE COMMUNITY PENSION SCHEME SOME COMPENSATION FOR PENSION RIGHTS WHICH THE OFFICIAL HAD ALREADY ACQUIRED BUT WHICH HE WAS OBLIGED TO FORFEIT BY REASON OF HIS APPOINTMENT BY ONE OF THE COMMUNITIES , SUCH RIGHTS BEING THOSE WHICH HE HAS ACQUIRED AT THE TIME OF THE TERMINATION OF HIS PREVIOUS DUTIES .

HENCE SUBSEQUENT NATIONAL LEGISLATION CANNOT HAVE THE EFFECT OF MODIFYING FOR THE PURPOSE OF DETERMINING SUCH COMPENSATION THE CALCULATION OF THE RIGHTS WHICH HE HAD ACQUIRED AT THAT TIME , EVEN IF , HAVING COME INTO EFFECT AFTER THE TERMINATION OF THE NATIONAL EMPLOYMENT OF THE PERSON CONCERNED , IT HAS A RETROACTIVE EFFECT TO A DATE PRIOR TO THAT TIME . THE OFFICIAL CANNOT BE DEEMED TO HAVE FORFEITED PENSION RIGHTS BY REASON OF HIS ENTERING THE SERVICE OF ONE OF THE COMMUNITIES WHEN THOSE RIGHTS HAVE NOT ACCRUED TO HIM AT THE ACTUAL TIME AT WHICH HE CEASES TO PURSUE HIS PREVIOUS EMPLOYMENT .

SIMILARLY , ALTHOUGH AN INSTITUTION IS ENTITLED TO TAKE INTO ACCOUNT , IN ORDER TO CALCULATE THE PENSION RIGHTS WHICH HAVE BEEN ACQUIRED BY AN OFFICIAL IN HIS COUNTRY OF ORIGIN AND WHICH HE HAS BEEN OBLIGED TO FORFEIT BY REASON OF HIS ENTERING THE SERVICE OF ONE OF THE COMMUNITIES , THE PENSION RIGHTS RETAINED BY VIRTUE OF SUPPLEMENTARY VOLUNTARY INSURANCE WITH THE NATIONAL INSURANCE INSTITUTION , IT MUST NEVERTHELESS EXCLUDE VOLUNTARY CONTRIBUTIONS PAID BY THE PERSON CONCERNED AFTER THE TERMINATION OF HIS NATIONAL EMPLOYMENT .
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1 . SOCIAL SECURITY - MEN AND WOMEN - PAY - CONCEPT - CONTRIBUTIONS PAID BY AN EMPLOYER TO A RETIREMENT BENEFITS SCHEME

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MEN AND WOMEN - PAY - CONCEPT - SAME SCOPE IN ARTICLE 119 OF THE TREATY AND IN DIRECTIVE 75/117

( EEC TREATY , ART . 119 ; COUNCIL DIRECTIVE 75/117 , ART . 1 )

3 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - DIRECT EFFECT - DISCRIMINATION ARISING FROM CONTRIBUTIONS PAID BY AN EMPLOYER TO A RETIREMENT BENEFITS SCHEME

( EEC TREATY , ART . 119 )

Summary

1 . A CONTRIBUTION TO A RETIREMENT BENEFITS SCHEME WHICH IS PAID BY AN EMPLOYER ON BEHALF OF EMPLOYEES BY MEANS OF AN ADDITION TO THE GROSS SALARY AND WHICH THEREFORE HELPS TO DETERMINE THE AMOUNT OF THAT SALARY CONSTITUTES ' ' PAY ' ' WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 119 OF THE EEC TREATY .

2 . DIRECTIVE 75/117/EEC IS BASED ON THE CONCEPT OF ' ' PAY ' ' AS DEFINED IN THE SECOND PARAGRAPH OF ARTICLE 119 OF THE EEC TREATY . ALTHOUGH ARTICLE 1 OF THE DIRECTIVE EXPLAINS THAT THE CONCEPT OF ' ' SAME WORK ' ' CONTAINED IN THE FIRST PARAGRAPH OF ARTICLE 119 OF THE TREATY INCLUDES CASES OF ' ' WORK TO WHICH EQUAL VALUE IS ATTRIBUTED ' ' , IT IN NO WAY AFFECTS THE CONCEPT OF ' ' PAY ' ' CONTAINED IN THE SECOND PARAGRAPH OF ARTICLE 119 BUT REFERS BY IMPLICATION TO THAT CONCEPT .

3 . ARTICLE 119 OF THE EEC TREATY APPLIES DIRECTLY TO ALL FORMS OF DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF THE CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION , WITHOUT NATIONAL OR COMMUNITY MEASURES BEING REQUI- RED TO DEFINE THEM WITH GREATER PRECISION IN ORDER TO PERMIT OF THEIR APPLICATION . THE FORMS OF DISCRIMINATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED INCLUDE CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , PUBLIC OR PRIVATE .

THIS IS THE CASE WHERE THE REQUIREMENT TO PAY CONTRIBUTIONS TO A RETIREMENT BENEFITS SCHEME APPLIES ONLY TO MEN AND NOT TO WOMEN AND THE CONTRIBUTIONS PAYABLE BY MEN ARE PAID BY THE EMPLOYER ON THEIR BEHALF BY MEANS OF AN ADDITION TO THE GROSS SALARY THE EFFECT OF WHICH IS TO GIVE MEN HIGHER PAY WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 119 THAN THAT RECEIVED BY WOMEN ENGAGED IN THE SAME WORK OR WORK OF EQUAL VALUE .