ddrg/super_eurlex huggingface dataset:
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++++ 1 . PRELIMINARY QUESTIONS - APPRAISAL OF VALIDITY - DECLARATION OF INVALIDITY - LACK OF JURISDICTION OF NATIONAL COURTS ( EEC TREATY, ARTS 173, 177 AND 184 ) 2 . OWN RESOURCES OF THE EUROPEAN COMMUNITIES - POST-CLEARANCE RECOVERY OF IMPORT OR EXPORT DUTIES - IMPORTER FULFILLING THE REQUIREMENTS SET OUT IN ARTICLE 5*(2 ) OF REGULATION NO 1697/79 - POST-CLEARANCE RECOVERY - PRECLUDED ( COUNCIL REGULATION NO 1697/79, ART . 5*(2 )*)

Summary

1 . NATIONAL COURTS AGAINST WHOSE DECISIONS THERE IS A JUDICIAL REMEDY UNDER NATIONAL LAW MAY CONSIDER THE VALIDITY OF A COMMUNITY ACT AND, IF THEY CONSIDER THAT THE GROUNDS PUT FORWARD BEFORE THEM BY THE PARTIES IN SUPPORT OF INVALIDITY ARE UNFOUNDED, THEY MAY REJECT THEM, CONCLUDING THAT THE MEASURE IS COMPLETELY VALID . IN CONTRAST, NATIONAL COURTS, WHETHER OR NOT A JUDICIAL REMEDY EXISTS AGAINST THEIR DECISIONS UNDER NATIONAL LAW, THEMSELVES HAVE NO JURISDICTION TO DECLARE THAT ACTS OF COMMUNITY INSTITUTIONS ARE INVALID . THAT CONCLUSION IS DICTATED, IN THE FIRST PLACE, BY THE REQUIREMENT FOR COMMUNITY LAW TO BE APPLIED UNIFORMLY . DIVERGENCES BETWEEN COURTS IN THE MEMBER STATES AS TO THE VALIDITY OF COMMUNITY ACTS WOULD BE LIABLE TO PLACE IN JEOPARDY THE VERY UNITY OF THE COMMUNITY LEGAL ORDER AND DETRACT FROM THE FUNDAMENTAL REQUIREMENT OF LEGAL CERTAINTY . SECONDLY, IT IS DICTATED BY THE NECESSARY COHERENCE OF THE SYSTEM OF JUDICIAL PROTECTION ESTABLISHED BY THE TREATY . IN ARTICLES 173 AND 184, ON THE ONE HAND, AND IN ARTICLE 177, ON THE OTHER, THE TREATY ESTABLISHED A COMPLETE SYSTEM OF LEGAL REMEDIES AND PROCEDURES DESIGNED TO PERMIT THE COURT OF JUSTICE TO REVIEW THE LEGALITY OF MEASURES ADOPTED BY THE INSTITUTIONS . SINCE ARTICLE 173 GIVES THE COURT EXCLUSIVE JURISDICTION TO DECLARE VOID AN ACT OF A COMMUNITY INSTITUTION, THE COHERENCE OF THE SYSTEM REQUIRES THAT WHERE THE VALIDITY OF AN ACT IS CHALLENGED BEFORE A NATIONAL COURT THE POWER TO DECLARE THE ACT INVALID MUST ALSO BE RESERVED FOR THE COURT OF JUSTICE . THAT DIVISION OF JURISDICTION MAY HAVE TO BE QUALIFIED IN CERTAIN CIRCUMSTANCES WHERE THE VALIDITY OF A COMMUNITY ACT IS CONTESTED BEFORE A NATIONAL COURT IN PROCEEDINGS RELATING TO AN APPLICATION FOR INTERIM MEASURES . 2 . ARTICLE 5*(2 ) OF COUNCIL REGULATION NO 1697/79 ON THE POST-CLEARANCE RECOVERY OF IMPORT OR EXPORT DUTIES, WHICH LAYS DOWN THREE SPECIFIC REQUIREMENTS WHICH MUST BE FULFILLED BEFORE THE COMPETENT AUTHORITIES MAY WAIVE THE POST-CLEARANCE RECOVERY OF DUTIES, MUST BE INTERPRETED AS MEANING THAT IF ALL THOSE REQUIREMENTS ARE FULFILLED THE PERSON LIABLE IS ENTITLED TO THE WAIVER OF THE RECOVERY OF THE DUTY IN QUESTION .
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1 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS - EXCESS PRODUCTION OR DELIVERIES - FINE - CIRCUMSTANCES JUSTIFYING A REDUCTION IN THE FINE - NONE

( ECSC TREATY, ART . 58; DECISION NO 1696/82/ECSC, ART . 12 )

2 . OBJECTION OF ILLEGALITY - MEASURES AGAINST WHICH AN OBJECTION OF ILLEGALITY MAY BE RAISED - INDIVIDUAL DECISIONS - EXCLUSION

( ECSC TREATY, ART . 36, THIRD PARAGRAPH )
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - RECOURSE TO MEASURES TO BE ADOPTED BY REGIONAL OR LOCAL AUTHORITIES - PERMISSIBILITY - LIMITS

( EEC TREATY, ART . 189, THIRD PARAGRAPH )

2 . MEMBER STATES - OBLIGATIONS - FAILURE TO COMPLY - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY, ART . 169 )

3 . FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT ESTABLISHING THE FAILURE - PERIOD WITHIN WHICH THE NECESSARY MEASURES MUST BE ADOPTED

( EEC TREATY, ART . 171 )

Summary

1 . EACH MEMBER STATE IS FREE TO DELEGATE POWERS TO ITS DOMESTIC AUTHORITIES AS IT CONSIDERS FIT AND TO IMPLEMENT DIRECTIVES BY MEANS OF MEASURES ADOPTED BY REGIONAL OR LOCAL AUTHORITIES . THAT DIVISION OF POWERS DOES NOT HOWEVER RELEASE IT FROM THE OBLIGATION TO ENSURE THAT THE PROVISIONS OF THE DIRECTIVE ARE PROPERLY IMPLEMENTED IN NATIONAL LAW .

2 . 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 ITS OBLIGATIONS UNDER COMMUNITY LAW .

3 . ACTION TO COMPLY WITH A JUDGMENT ESTABLISHING A MEMBER STATE' S FAILURE TO FULFIL ITS OBLIGATIONS MUST BE COMMENCED IMMEDIATELY AND MUST BE COMPLETED AS SOON AS POSSIBLE .
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1 . MEMBER STATES - OBLIGATIONS - COMMISSION' S INITIATIVE IN ORDER TO MEET URGENT NEEDS - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY, ART . 5 )

2 . FISHERIES - CONSERVATION OF MARITIME RESOURCES - COUNCIL' S FAILURE TO ACT - ADOPTION OF PROVISIONAL CONSERVATION MEASURES - CONDITIONS - COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION - QUOTA PROPOSALS ADOPTED UNILATERALLY BY THE COMMISSION - QUOTAS EXCEEDED - INTERVENTION MEASURES - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFULNESS

( COUNCIL REGULATION NO 729/70, ART . 3 )

3 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - RULES WHICH MAY HAVE FINANCIAL CONSEQUENCES

Summary

1 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION WHERE THE COMMISSION, IN ORDER TO MEET URGENT CONSERVATION NEEDS, HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH, ALTHOUGH THEY WERE NOT ADOPTED BY THE COUNCIL, REPRESENT A BASIS FOR CONCERTED COMMUNITY ACTION .

2 . WHERE THE COUNCIL HAS FAILED TO ADOPT THE CONSERVATION MEASURES NECESSARY TO PROTECT FISH STOCKS SUCH MEASURES, DESIGNED TO ANSWER URGENT NEEDS, MAY BE AGREED UPON BY MEANS OF A PROCESS OF COOPERATION BEWEEN THE MEMBER STATES AND THE COMMISSION IN ORDER TO ENABLE THE COMMUNITY TO MEET ITS RESPONSIBILITIES . IN THE ABSENCE OF SUCH COOPERATION, PROPOSALS UNILATERALLY MADE BY THE COMMISSION IN RELATION TO THE FISHING QUOTAS TO BE ALLOCATED TO A MEMBER STATE CANNOT BE REGARDED AS COMMUNITY RULES WITHIN THE MEANING OF ARTICLE 3 OF REGULATION NO 729/70 OF THE COUNCIL ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, DISREGARD OF WHICH COULD JUSTIFY THE COMMISSION' S REFUSAL TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND EXPENSES INCURRED BY THE MEMBER STATE FOR INTERVENTION MEASURES CONNECTED WITH CATCHES IN EXCESS OF THE SAID QUOTAS .

3 . COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
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TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - EXEMPTIONS PROVIDED FOR BY THE SIXTH DIRECTIVE - EXEMPTION IN RESPECT OF THE PROVISION OF MEDICAL CARE IN THE EXERCISE OF THE MEDICAL AND PARAMEDICAL PROFESSIONS - SUPPLY OF GOODS DISSOCIABLE FROM THE SERVICE - TAXABLE NATURE

( COUNCIL DIRECTIVE 77/388/EEC, ART . 13 A ( 1 ) ( C ) )

Summary

ARTICLE 13 A ( 1 ) ( C ) OF DIRECTIVE 77/388, RELATING TO THE EXEMPTION FROM VALUE-ADDED TAX OF THE PROVISION OF MEDICAL CARE IN THE EXERCISE OF THE MEDICAL AND

PARAMEDICAL PROFESSIONS, MUST BE INTERPRETED AS MEANING THAT THE EXEMPTION FOR WHICH IT PROVIDES DOES NOT COVER, WITHOUT PREJUDICE TO MINOR PROVISIONS OF GOODS WHICH ARE INDISSOCIABLE FROM THE SERVICE PROVIDED, THE SUPPLY OF MEDICINES AND OTHER GOODS, SUCH AS CORRECTIVE SPECTACLES PRESCRIBED BY A DOCTOR OR BY OTHER AUTHORIZED PERSONS; THE SUPPLY OF MEDICINES AND OTHER GOODS IS PHYSICALLY AND ECONOMICALLY DISSOCIABLE FROM THE PROVISION OF THE SERVICE .
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Action for failure to fulfil obligations - Judgment of the Court establishing such a failure - Failure to implement the judgment - Justification based on the national legal order - Unacceptable

( EEC Treaty, Arts 169 and 171 )
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1 . ECSC - Production - Steel production and delivery quota system - Adjustment of delivery quotas - Conditions - Exceptional difficulties due to the scale of the abatement rate for a specific category of products - Assessment - Criteria

( Decision No 234/84, Art . 14 )

2 . ECSC - Production - Steel production and delivery quota system - Adjustment of delivery quotas - Conditions - No authorized aid to cover operating losses - Aid intended to encourage the restructuring of an undertaking - Essential difference

( Decision No 234/84, Art . 14 )

Summary

1 . The fact that an undertaking experiences "exceptional difficulties" justifying, pursuant to Article 14 of Decision No 234/84, an adjustment of delivery quotas must be assessed on the basis only of the situation in the category of products subject to a high abatement rate without taking into account the undertaking' s general profit or loss .

2 . It is the conditions of grant and the object of aid which must be taken into account in determining whether it constitutes aid intended to cover operating losses preventing an adjustment of delivery quotas pursuant to Article 14 of Decision No 234/84 and not its effects on the undertaking' s profit and loss account .

The aim of the extension of the quota system is to promote the restructuring needed to adapt production and capacity to foreseeable demand and to re-establish the competitivity of the European steel industry . It is consistent with that aim that undertakings which have received a form of aid likely to delay the desired restructuring, namely aid intended to cover operating losses, should be excluded from the benefit of the additional quotas, the grant of which may likewise reduce their willingness to restructure . Aid which in practice is likely to promote the desired restructuring and improvement of competitivity cannot, however, be regarded as aid intended to cover operating losses within the meaning of Article 14 of Decision No 234/84 .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - HEALTH INSURANCE - WORKER RESIDING IN A MEMBER STATE OTHER THAN THE COMPETENT MEMBER STATE - INCAPACITY FOR WORK - FINDING MADE BY THE INSTITUTION OF THE PLACE OF RESIDENCE - BINDING - PROCEDURAL DEFECT BEYOND THE CONTROL OF THE BENEFICIARY - EFFECTS UNFAVOURABLE TO HIM EXCLUDED

( REGULATION NO 574/72 OF THE COUNCIL, ART . 18 ( 1 ) TO ( 5 )*)

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - HEALTH INSURANCE - WORKER RESIDING IN A MEMBER STATE OTHER THAN THE COMPETENT MEMBER STATE - INCAPACITY FOR WORK - EXAMINATION OF THE PERSON CONCERNED BY A DOCTOR CHOSEN BY THE COMPETENT INSTITUTION - ARRANGEMENTS

( REGULATION NO 574/72 OF THE COUNCIL, ART . 18 ( 5 )*)

Summary

1 . ARTICLE 18 ( 1 ) TO ( 4 ) OF REGULATION NO 574/72 MUST BE INTERPRETED AS MEANING THAT IF THE COMPETENT INSTITUTION DOES NOT EXERCISE THE OPTION PROVIDED FOR IN PARAGRAPH ( 5 ) OF HAVING THE PERSON CONCERNED EXAMINED BY A DOCTOR OF ITS CHOICE, IT IS BOUND, IN FACT AND IN LAW, BY THE FINDINGS MADE BY THE INSTITUTION OF THE PLACE OF RESIDENCE AS REGARDS THE COMMENCEMENT AND DURATION OF THE INCAPACITY FOR WORK . THE SAME IS TRUE IF THE PERSON CONCERNED DID NOT APPLY TO THE INSTITUTION OF THE PLACE OF RESIDENCE BY SUBMITTING A CERTIFICATE OF INCAPACITY FOR WORK AS REQUIRED BY ARTICLE 18 ( 1 ) OF REGULATION NO 574/72 OR, IN ACCORDANCE WITH THE PRINCIPLE THAT PROCEDURAL DEFECTS WHICH ARE BEYOND THE CONTROL OF THE BENEFICIARY MUST NOT HAVE EFFECTS WHICH ARE UNFAVOURABLE TO HIM, IF THAT INSTITUTION HAS MEDICAL EXAMINATIONS CARRIED OUT WITHOUT OBSERVING THE TIME-LIMITS PRESCRIBED IN ARTICLE 18 ( 3 ) OF THAT REGULATION FOR THAT PURPOSE AND FOR FORWARDING THE MEDICAL REPORT TO THE COMPETENT INSTITUTION .

2 . ARTICLE 18 ( 5 ) OF REGULATION NO 574/72 MUST BE INTERPRETED AS MEANING THAT THE COMPETENT INSTITUTION MAY HAVE THE PRESCRIBED EXAMINATION CARRIED OUT BY A DOCTOR OF ITS CHOICE, INCLUDING A DOCTOR IN THE COUNTRY IN WHICH THE PERSON CONCERNED RESIDES, AND THAT THAT PERSON IS NOT OBLIGED TO RETURN TO THE STATE OF THE COMPETENT INSTITUTION TO UNDERGO A MEDICAL EXAMINATION THERE .
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1 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - THOSE ENTITLED TO RELY ON THE PRINCIPLE OF EQUALITY - DEPENDENT RELATIVES IN THE ASCENDING LINE OF A WORKER

( REGULATION NO*1612/68 OF THE COUNCIL, ART.*7*(2 )*)

2 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - DEFINITION - SPECIAL OLD-AGE ALLOWANCE GUARANTEEING A MINIMUM INCOME

( REGULATION NO*1612/68 OF THE COUNCIL, ART.*7*(2 )*)

Summary

1 . DEPENDENT RELATIVES IN THE ASCENDING LINE OF A MIGRANT WORKER MAY RELY ON THE PROHIBITION OF DISCRIMINATION IN ARTICLE 7 ( 2 ) OF REGULATION NO*1612/68 OF THE COUNCIL IN RESPECT OF THE GRANT OF SOCIAL ADVANTAGES .

2 . THE GRANT OF A SPECIAL OLD-AGE ALLOWANCE WHICH GUARANTEES A MINIMUM INCOME TO OLD PERSONS CONSTITUTES A SOCIAL ADVANTAGE WITHIN THE MEANING OF REGULATION NO*1612/68 .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - UNACCEPTABLE

( 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 RESULTING FROM COMMUNITY DIRECTIVES .
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1 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - AGREEMENTS BETWEEN UNDERTAKINGS OR GROUPS OF UNDERTAKINGS - AGREEMENT ENTERED INTO BY TWO GROUPS OF TRADERS IN THE FRAMEWORK OF A BODY GOVERNED BY PUBLIC LAW

( EEC TREATY, ART . 85 )

2 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - RESTRICTION OF COMPETITION - AGREEMENT FIXING PRODUCTION QUOTAS

( EEC TREATY, ART . 85 ( 1 ) )

3 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - EFFECTS ON TRADE BETWEEN MEMBER STATES - AGREEMENT FIXING A MARKETING QUOTA FOR A SEMI-FINISHED PRODUCT

( EEC TREATY, ART . 85 ( 1 ) )

4 . COMPETITION - COMMUNITY RULES - MEMBER STATES' OBLIGATIONS - ORDER MAKING GENERALLY BINDING AN AGREEMENT WHICH IS CONTRARY TO ARTICLE 85 - INCOMPATIBILITY

( EEC TREATY, ARTS 3 ( F ), 5 AND 85 )

Summary

1 . THE FACT THAT AN AGREEMENT HAS BEEN ENTERED INTO BY TWO GROUPS OF TRADERS IN THE FRAMEWORK OF AN ORGANIZATION SUBJECT TO PUBLIC LAW DOES NOT REMOVE THE AGREEMENT FROM THE SCOPE OF ARTICLE 85 OF THE TREATY .

2 . AN AGREEMENT FIXING PRODUCTION QUOTAS WITH A LEVY TO BE PAID IF THEY ARE EXCEEDED IS LIKELY TO RESTRICT COMPETITION BETWEEN PRODUCERS BECAUSE BY PENALIZING ANY INCREASE IN PRODUCTION IT TENDS TO FREEZE THE EXISTING SITUATION AND MAKE IT MORE DIFFICULT FOR A PRODUCER TO IMPROVE HIS COMPETITIVE POSITION ON THE MARKET .

3 . AGREEMENTS REQUIRING PAYMENT OF LEVIES WHERE MARKETING QUOTAS ARE EXCEEDED ARE LIKELY TO AFFECT TRADE BETWEEN THE MEMBER STATES WHERE THEY DEAL WITH A SEMI-FINISHED PRODUCT WHICH IS NOT NORMALLY SENT OUT OF THE REGION IN WHICH IT IS PRODUCED BUT NONE THE LESS CONSTITUTES THE RAW MATERIAL FROM WHICH ANOTHER PRODUCT IS MANUFACTURED WHICH IS MARKETED THROUGHOUT THE COMMUNITY .

4 . A NATIONAL REGULATORY MEASURE MAKING AGREEMENTS WHICH ARE CONTRARY TO ARTICLE 85 OF THE TREATY GENERALLY BINDING ON ALL TRADERS IN THE SECTOR CONCERNED, AND THUS REINFORCING THEIR EFFECTS, IS INCOMPATIBLE WITH MEMBER STATES' OBLIGATIONS UNDER ARTICLE 5 OF THE TREATY, READ TOGETHER WITH ARTICLES 3 ( F ) AND 85 THEREOF .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF PRODUCTS - CLASSIFICATION BY THE COMMISSION OF TOBACCO LEAF STEM AS REFUSE UNDER SUBHEADING 24.01 B - LEGALITY

( COUNCIL REGULATION NO 97/69 AS AMENDED BY REGULATION NO 2055/84; COMMISSION REGULATION NO 3517/84 )

Summary

IN VIEW OF THE WIDE POWER OF DISCRETION CONFERRED UPON IT BY REGULATION NO 97/69 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF, THE COMMISSION DID NOT EXCEED THE LIMITS OF ITS POWERS WHEN, BY REGULATION NO 3517/84, IT CLASSIFIED LEAF STEM OF FLUE-CURED VIRGINIA TOBACCO AS TOBACCO REFUSE FALLING WITHIN SUBHEADING 24.01 B . FOR THE PURPOSES OF THE COMMON CUSTOMS TARIFF THE TERM "REFUSE" DOES NOT REFER TO SUBSTANCES WHICH ARE COMPLETELY VALUELESS, SINCE, IN ANY EVENT, SUCH SUBSTANCES DO NOT NEED TO BE CLASSIFIED, BUT TO SECONDARY PRODUCTS OF LESS VALUE THAN OTHER PRODUCTS .
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1 . MEMBER STATES - OBLIGATIONS - COMMISSION' S INITIATIVE IN ORDER TO MEET URGENT NEEDS - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY, ART . 5 )

2 . FISHERIES - CONSERVATION OF MARITIME RESOURCES - COUNCIL' S FAILURE TO ACT - ADOPTION OF INTERIM CONSERVATION MEASURES - CONDITIONS - COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION - QUOTA PROPOSALS ADOPTED UNILATERALLY BY THE COMMISSION - QUOTAS EXCEEDED - INTERVENTION MEASURES AND EXPORT REFUNDS - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFULNESS

( COUNCIL REGULATION NO 729/70, ARTS 2 AND 3 )

3 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - RULES WHICH MAY ENTAIL FINANCIAL CONSEQUENCES - INTERVENTION MEASURES IMPLEMENTED AND EXPORT REFUNDS PAID PRIOR TO THE ADOPTION OF RULES RETROACTIVELY FIXING FISHING QUOTAS - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFULNESSS

( COUNCIL REGULATION NO 172/83 )

Summary

1 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION WHERE THE COMMISSION, IN ORDER TO MEET URGENT CONSERVATION NEEDS, HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH, ALTHOUGH THEY WERE NOT ADOPTED BY THE COUNCIL, REPRESENT A BASIS FOR CONCERTED COMMUNITY ACTION .

2 . WHERE THE COUNCIL HAS FAILED TO ADOPT THE CONSERVATION MEASURES NECESSARY TO PROTECT FISH STOCKS SUCH MEASURES, DESIGNED TO ANSWER URGENT NEEDS, MAY BE AGREED UPON BY MEANS OF A PROCESS OF COOPERATION BEWEEN THE MEMBER STATES AND THE COMMISSION IN ORDER TO ENABLE THE COMMUNITY TO MEET ITS RESPONSIBILITIES . IN THE ABSENCE OF SUCH COOPERATION PROPOSALS UNILATERALLY MADE BY THE COMMISSION IN RELATION TO THE FISHING QUOTAS TO BE ALLOCATED TO A MEMBER STATE CANNOT BE REGARDED AS COMMUNITY RULES WITHIN THE MEANING OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, DISREGARD OF WHICH COULD JUSTIFY THE COMMISSION' S REFUSAL TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND EXPENSES INCURRED BY THE MEMBER STATE FOR INTERVENTION MEASURES AND EXPORT REFUNDS CONNECTED WITH CATCHES IN EXCESS OF THE SAID QUOTAS .

3 . COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .

WHERE A MEMBER STATE WAS NOT IN A POSITION WHEN IT MADE INTERVENTION PAYMENTS AND GRANTED EXPORT REFUNDS IN THE FISHERIES SECTOR EITHER TO KNOW OR TO FORESEE WITH CERTAINTY RULES WHICH WERE ADOPTED ONLY AFTER THE ACCOUNTING PERIOD HAD COME TO AN END AND WHICH FIXED FISHING QUOTAS RETROACTIVELY, THE COMMISSION CANNOT RELY ON DISREGARD OF THOSE QUOTAS IN ORDER TO REFUSE TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND THE INTERVENTION PAYMENTS AND REFUNDS AT ISSUE .
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1 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - SCOPE - NON-TRANSFERABLE LEASE - EXPIRY - DISMISSAL OF STAFF - TRANSFER OF THE UNDERTAKING BY THE OWNER TO A NEW LESSEE EMPLOYING THE SAME STAFF - INCLUSION

( COUNCIL DIRECTIVE 77/187, ART . 1 ( 1 ) )

2 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - WAIVER BY THE EMPLOYEE OF THE RIGHTS CONFERRED ON HIM BY THE DIRECTIVE IN EXCHANGE FOR

BENEFITS GRANTED BY THE NEW EMPLOYER - NOT PERMITTED - EXCEPTION - ALTERATION OF THE EMPLOYMENT CONTRACT UNCONNECTED WITH THE TRANSFER ALLOWED BY NATIONAL LAW

( COUNCIL DIRECTIVE 77/187, ART . 3 ( 1 ) )

Summary

1 . ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE 77/187 ON THE SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS MUST BE INTERPRETED AS MEANING THAT THE DIRECTIVE APPLIES WHERE, UPON THE TERMINATION OF A NON-TRANSFERABLE LEASE, THE OWNER OF AN UNDERTAKING LEASES IT TO A NEW LESSEE WHO CARRIES ON THE BUSINESS WITHOUT INTERRUPTION WITH THE SAME STAFF, WHO HAD BEEN GIVEN NOTICE ON THE EXPIRY OF THE INITIAL LEASE .

2 . AN EMPLOYEE CANNOT WAIVE THE RIGHTS CONFERRED ON HIM BY THE MANDATORY PROVISIONS OF DIRECTIVE 77/187 EVEN IF THE DISADVANTAGES RESULTING FROM HIS WAIVER ARE OFFSET BY SUCH BENEFITS THAT, TAKING THE MATTER AS A WHOLE, HE IS NOT PLACED IN A WORSE POSITION . NEVERTHELESS, THE DIRECTIVE DOES NOT PRECLUDE AN AGREEMENT WITH THE NEW EMPLOYER TO ALTER THE EMPLOYMENT RELATIONSHIP, IN SO FAR AS AN ALTERATION IS PERMITTED BY THE APPLICABLE NATIONAL LAW IN CASES OTHER THAN THE TRANSFER OF AN UNDERTAKING .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - DETERMINATION OF REFERENCE QUANTITIES EXEMPT FROM LEVY - PARTICULAR CIRCUMSTANCES OF CERTAIN CATEGORIES OF PRODUCERS - PRODUCERS WHO SUSPENDED DELIVERIES UNDER THE NON-MARKETING PREMIUM SCHEME - MAY BE TAKEN INTO ACCOUNT BY THE MEMBER STATES - CONDITIONS

( COUNCIL REGULATION NO 1078/77, ART . 2 ( 2 ), AND COUNCIL REGULATION NO 857/84; COMMISSION REGULATION NO 1371/84 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - ALLOCATION OF REFERENCE QUANTITIES EXEMPT FROM LEVY - PRODUCERS WHO SUSPENDED DELIVERIES UNDER THE NON-MARKETING PREMIUM SCHEME - NOT ALLOCATED REFERENCE QUANTITIES - PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS - BREACH

( COUNCIL REGULATION NO 1078/77, ART . 2 ( 2 ), AND COUNCIL REGULATION NO 857/84; COMMISSION REGULATION NO 1371/84 )

Summary

1 . REGULATION NO 857/84 ADOPTING GENERAL RULES FOR THE APPLICATION OF THE ADDITIONAL LEVY ON MILK, AS SUPPLEMENTED BY REGULATION NO 1371/84, MUST BE INTERPRETED AS MEANING THAT FOR THE PURPOSE OF FIXING THE REFERENCE QUANTITIES REFERRED TO IN ARTICLE 2 OF THAT REGULATION THE MEMBER STATES MAY TAKE INTO ACCOUNT THE CIRCUMSTANCES OF PRODUCERS WHO, PURSUANT TO AN UNDERTAKING ENTERED INTO UNDER REGULATION NO 1078/77, DID NOT DELIVER MILK DURING THE REFERENCE YEAR ADOPTED ONLY IN SO FAR AS EACH PRODUCER FULFILS THE SPECIFIC CONDITIONS LAID DOWN IN REGULATION NO 857/84 AND IF THE MEMBER STATES HAVE REFERENCE QUANTITIES AVAILABLE FOR THAT PURPOSE .

2 . SINCE THERE IS NOTHING IN THE PROVISIONS OF REGULATION NO 1078/77 OR IN ITS PREAMBLE TO SHOW THAT THE UNDERTAKING NOT TO MARKET MILK ENTERED INTO UNDER THAT REGULATION MIGHT, UPON ITS EXPIRY, ENTAIL A BAR TO RESUMPTION OF MILK DELIVERIES BY THE PRODUCERS CONCERNED, THE FACT THAT THOSE PRODUCERS MAY, FOR THE ENTIRE PERIOD OF APPLICATION OF NEW REGULATIONS INTRODUCING AN ADDITIONAL LEVY ON MILK, BE DENIED ANY REFERENCE QUANTITY WHATSOEVER UNDER THOSE REGULATIONS FRUSTRATES THE LEGITIMATE EXPECTATIONS OF THOSE PRODUCERS THAT THE EFFECTS OF THE SYSTEM OF NON-MARKETING PREMIUMS TO WHICH THEY HAD RENDERED THEMSELVES SUBJECT WOULD BE LIMITED .

CONSEQUENTLY, REGULATION NO 857/84, AS SUPPLEMENTED BY REGULATION NO 1371/84, IS INVALID IN SO FAR AS IT DOES NOT PROVIDE FOR THE ALLOCATION OF A REFERENCE QUANTITY TO PRODUCERS WHO, PURSUANT TO AN UNDERTAKING ENTERED INTO UNDER REGULATION NO 1078/77, DID NOT DELIVER MILK DURING THE REFERENCE YEAR ADOPTED BY THE MEMBER STATE CONCERNED .