ddrg/super_eurlex huggingface dataset:
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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL SECURITY MEASURES TO BE ADOPTED BY THE COUNCIL OF THE EEC - AIM

( EEC TREATY, ARTICLE 51 )

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - REGULATION NO 3 OF THE COUNCIL OF THE EEC - APPLICATION OF NETHERLANDS LEGISLATION

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ANNEX G(III)(B ))

Summary

1 . THE AIM OF ARTICLE 51 OF THE EEC TREATY IS TO ALLOW THE MIGRANT WORKER TO ACQUIRE THE RIGHT TO BENEFIT FOR ALL PERIODS OF WORK COMPLETED BY HIM IN VARIOUS MEMBER STATES, WITHOUT DISCRIMINATION AS AGAINST OTHER WORKERS BY REASON OF THE EXERCISE OF HIS RIGHT TO FREEDOM OF MOVEMENT .

2 . THE PROVISIONS OF ANNEX G(III)(B)(B ) CONCERNING THE ASCERTAINMENT OF THE AMOUNT OF BENEFIT PAYABLE UNDER THE NETHERLANDS LAW CONCERNING GENERAL INSURANCE FOR WIDOWS AND ORPHANS, APPLIES IN ALL CASES IN WHICH ARTICLE 27 GIVES RISE TO BENEFIT ON THE BASIS OF THE MAINTENANCE OR RECOVERY OF RIGHTS ACQUIRED UNDER A PREVIOUS SYSTEM .
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1 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - TAXATION - TAXATION FORMING PART OF A GENERAL TAX APPLYING WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS - NATURE OF INTERNAL TAXATION

( EEC TREATY, ARTICLE 95 )

2 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - INTERNAL TAXATION IMPOSED BY A MEMBER STATE ON PRODUCTS FROM MEMBER STATES - ABSENCE OF SIMILAR DOMESTIC PRODUCTS OR OTHER PRODUCTS CAPABLE OF BEING PROTECTED - PERMISSIBILITY - LIMITS OF RIGHT OF A MEMBER STATE TO IMPOSE TAXATION

( EEC TREATY, ARTICLE 95 )

Summary

1 . TAXATION LEVIED WITHIN THE FRAMEWORK OF LEGISLATION RELATING TO THE TURNOVER TAX APPLYING WITHOUT DISTINCTION TO ALL CATEGORIES OF PRODUCTS, WHETHER DOMESTIC OR IMPORTED, DOES NOT CONSTITUTE A SPECIFIC TAX ON IMPORTED PRODUCTS EVEN IF CHARGED AT THE MOMENT OF IMPORTATION .

CF . PARAGRAPH 4, SUMMARY, JUDGMENT IN CASE 25/67 ( 1968 ) ECR 207 .

2 . THE PROVISIONS OF ARTICLE 95 OF THE EEC TREATY DO NOT PROHIBIT MEMBER STATES FROM IMPOSING INTERNAL TAXATION ON IMPORTED PRODUCTS FROM OTHER MEMBER STATES WHEN THERE IS NO SIMILAR DOMESTIC PRODUCT OR OTHER DOMESTIC PRODUCT CAPABLE OF BEING PROTECTED . NEVERTHELESS IT WOULD NOT BE PERMISSIBLE FOR MEMBER STATES TO IMPOSE ON SUCH PRODUCTS CHARGES OF SUCH AN AMOUNT THAT THE FREE MOVEMENT OF GOODS WITHIN THE COMMON MARKET WOULD BE IMPEDED AS FAR AS THOSE PRODUCTS WERE CONCERNED . SUCH A RESTRAINT ON THE FREE MOVEMENT OF GOODS CANNOT HOWEVER BE PRESUMED TO EXIST WHEN THE RATE OF TAXATION REMAINS WITHIN THE GENERAL FRAMEWORK OF THE NATIONAL SYSTEM OF TAXATION OF WHICH THE TAX IN QUESTION IS AN INTEGRAL PART .

CF . PARAGRAPH 1, SUMMARY, JUDGMENT IN CASE 27/67 .
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1 . PROCEDURE - INTEREST IN TAKING LEGAL PROCEEDINGS - TYPE OF INTEREST JUSTIFYING AN APPLICATION TO THE COURT

2 . COSTS - APPLICATIONS BY OFFICIALS OF THE EUROPEAN COMMUNITIES - COSTS WHICH ONE PARTY HAS UNREASONABLY CAUSED THE OPPOSITE PARTY TO INCUR

( RULES OF PROCEDURE, SECOND SUBPARAGRAPH OF ARTICLE 69(3 ) AND ARTICLE 70 )

Summary

1 . THE INTEREST JUSTIFYING THE APPLICATION MUST NOT BE OF AN ABSTRACT NATURE .

2 . CF . SUMMARY, JOINED CASES 5, 7 AND 8/60, ( 1961 ) ECR 107 .

IF, AFTER A FACT HAS ARISEN, ONE OF THE PARTIES TO LEGAL PROCEEDINGS NO LONGER HAS AN INTEREST IN THEM AND DECIDES TO CONTINUE THE ACTION, THE SUBSEQUENT COSTS OF THE ACTION ARE TO BE CONSIDERED AS COSTS UNREASONABLY INCURRED AND SHALL BE BORNE BY THAT PARTY .

*/ 660J0005 /*.
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OFFICIALS OF THE EEC - PERSONAL FILE - COMMUNICATION TO PERSON CONCERNED - PROCEDURE PROVIDED FOR IN THE THIRD PARAGRAPH OF ARTICLE 26 OF THE STAFF REGULATIONS OF OFFICIALS - PURPOSE RESTRICTED TO PROOF OF COMMUNICATION

Summary

IF IT IS ESTABLISHED THAT THE DOCUMENTS IN THE PERSONAL FILE OF AN OFFICIAL HAVE BEEN COMMUNICATED TO HIM, IT IS UNNECESSARY TO CONSIDER WHETHER THE PROCEDURE PROVIDED FOR IN THE THIRD PARAGRAPH OF ARTICLE 26 OF THE STAFF REGULATIONS OF OFFICIALS IN THE EEC HAVE BEEN COMPLIED WITH, AS ITS ONLY PURPOSE IS TO PROVE BEYOND DOUBT THE COMMUNICATION REQUIRED BY THE PRECEDING PARAGRAPH .
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1 . OFFICIALS - ADMINISTRATIVE MEASURE ADOPTED AT THE REQUEST OF AN OFFICIAL - ILLEGALITY OF THE MEASURE - REMEDY OF THE PERSON CONCERNED - ADMISSIBILITY

2 . OFFICIALS - RATIONALIZATION OF DEPARTMENTS FOLLOWING THE MERGER TREATY - SCHEME FOR REMOVAL OF OFFICIALS - SUCH SCHEME CANNOT BE EQUATED WITH THE OTHER METHODS OF TERMINATION OF SERVICE PROVIDED FOR BY THE STAFF REGULATIONS - THOSE METHODS MAY NOT BE RELIED UPON AGAINST THE SYSTEM SPECIALLY PROVIDED FOR

Summary

1 . IF A DISPUTED MEASURE CONTAINS A DEFECT OF SUCH A NATURE AS TO RENDER IT ILLEGAL, IT MUST BE POSSIBLE TO MAKE AN APPLICATION AGAINST IT EVEN THOUGH THE MEASURE IS ADOPTED AT THE REQUEST OF THE OFFICIAL CONCERNED .

2 . REGULATION NO 259/68 SET UP A SYSTEM FOR THE REMOVAL OF OFFICIALS WHICH HAS NO EQUIVALENT AMONGST THE METHODS OF LEAVING THE SERVICE PROVIDED FOR IN THE STAFF REGULATIONS AND WHICH MAY BE EXPLAINED BY THE TEMPORARY AND EXCEPTIONAL REQUIREMENTS WHICH HAD TO BE MET FOLLOWING THE MERGING OF THE ADMINISTRATIONS . IT IS NOT PERMISSIBLE THEREFORE TO HAVE RECOURSE TO THOSE OTHER METHODS OF LEAVING THE SERVICE TO DEDUCE RIGHTS THEREFROM .
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1 . OFFICIALS - APPLICATIONS - TIME-LIMITS - NATURE - EXTENSION - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

2 . OFFICIALS - APPLICATIONS - FAILURE TO ACT ON THE PART OF THE ADMINISTRATION - CONCEPT

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

3 . OFFICIALS - APPLICATIONS - IMPLIED REJECTION - EXPIRATION OF PERIOD FOR BRINGING APPLICATION - EXPRESS REJECTION - ABSENCE OF NEW FACTOR - CONFIRMATORY NATURE - NO ACT ADVERSELY AFFECTING THE OFFICIAL

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

Summary

1 . THE TWO PERIODS MENTIONED IN ARTICLE 91 OF THE STAFF REGULATIONS ARE INTENDED TO ENSURE WITHIN THE COMMUNITY INSTITUTIONS THE LEGAL CERTAINTY INDISPENSABLE TO THEIR PROPER FUNCTIONING .

IT IS NOT THEREFORE FOR THE PARTIES CONCERNED TO EXTEND THEM AT THEIR PLEASURE .

2 . A NOTICE TO THE APPLICANT THAT HIS COMPLAINT IS UNDER CONSIDERATION CANNOT OF ITSELF HAVE ANY LEGAL EFFECT AND CANNOT BE CONSIDERED AS A DECISION WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .

3 . THE EXPRESS REJECTION OF A REQUEST OR COMPLAINT, AFTER EXPIRY OF THE PERIOD FOR LODGING AN APPLICATION ON THE GROUND OF ITS IMPLIED REJECTION, WHICH CONTAINS NO NEW FACTOR RELATING TO THE POSITION IN LAW OR IN FACT EXISTING AT THE TIME OF REJECTION IS A PURELY CONFIRMATORY MEASURE AND IS NOT CAPABLE OF ADVERSELY AFFECTING AN OFFICIAL .
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OFFICIALS - RECRUITMENT - RATIONALIZATION OF THE ADMINISTRATION FOLLOWING THE MERGER TREATY - VOLUNTARY TRANSFER TO A POST CORRESPONDING TO CAREER BRACKET IMMEDIATELY BELOW THAT APPLICABLE TO GRADE - NATURE - PRIORITY RIGHT OF THE OFFICIAL CONCERNED TO BE TRANSFERRED TO ANY POST CORRESPONDING TO HIS GRADE - GUARANTEES - SUITABILITY OF CANDIDATES HAVING PRIORITY - CONSIDERATION - STATEMENT OF REASONS - DUTIES OF THE ADMINISTRATION - REFERENCE TO THE MERITS OF CANDIDATES NOT ENTITLED TO PRIORITY NOT PERMISSIBLE .

( REGULATION NO 259/68 OF THE COUNCIL, ARTICLE 8 )

Summary

THE VOLUNTARY ACCEPTANCE BY CERTAIN SERVANTS OF TRANSFER UNDER ARTICLE 8(1 ) OF REGULATION NO 259/68 CONSTITUTES AN ESSENTIALLY TEMPORARY MEASURE WHICH IS JUSTIFIED BY THE SHORT-TERM REQUIEMENTS OF THE SERVICE FOLLOWING THE MERGER OF THE EXECUTIVES AND CANNOT BE PROLONGED TO THE DETRIMENT OF THE OFFICIAL CONCERNED .

IN VIEW OF THE QUITE EXCEPTIONAL AND TEMPORARY NATURE OF SUCH TRANSFER AND IN ORDER NOT TO DISREGARD THE OBLIGATIONS ARISING UNDER ARTICLE 8(2 ), IT IS NECESSARY TO PROVIDE THE OFFICIALS CONCERNED WITH STRICT GUARANTEES REGARDING THEIR PRIORITY RIGHT .

THE IMPLEMENTATION OF SUCH GUARANTEES REQUIRES THAT THE SUITABILITY OF THE CANDIDATES HAVING PRIORITY BE CONSIDERED INDEPENDENTLY OF ANY REFERENCE TO THE POSSIBLE MERITS OF THOSE WHO HAVE NO SUCH RIGHT .

A CONSIDERATION OF THE SUITABILITY OF THESE CANDIDATES MUST BE BASED ON CONCRETE FACTORS WHICH ARE CAPABLE OF REVIEW; THESE FACTORS MUST APPEAR IN THE MINUTES OF THE COMMISSION .
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1 . OFFICIALS - TEMPORARY POSTING - EXPRESS AGREEMENT OF THE APPOINTING AUTHORITY - NECESSITY

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 7 ( 2 ))

2 . OFFICIALS - TEMPORARY POSTING - OFFICIAL CALLED UPON TO OCCUPY A POST TEMPORARILY - DISCRETIONARY POWER OF THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 7 ( 2 ))

Summary

1 . THE APPLICATION OF ARTICLE 7 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS REQUIRES THE EXPRESS AGREEMENT OF THE APPOINTING AUTHORITY IN ORDER " TO CALL UPON " AN OFFICIAL TO OCCUPY TEMPORARILY A POST IN A HIGHER CAREER BRACKET .

2 . THE DECISION TO CALL UPON AN OFFICIAL TO OCCUPY A POST TEMPORARILY DEPENDS ON AN ASSESSMENT OF THE INTERESTS OF THE SERVICE . AN OFFICIAL CANNOT ACQUIRE A RIGHT TO THE TEMPORARY POST FROM THE MERE FACT THAT HE IS PERFORMING THE DUTIES ATTACHING THERETO .
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1 . OFFICIALS - POST - RIGHT TO A PARTICULAR POST - NONE - PERSONAL PREFERENCE - LEGITIMATE INTEREST RECOGNIZED BY STAFF REGULATIONS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 4 )

2 . OFFICIALS - MEASURE TERMINATING EMPLOYMENT - ANNULMENT BY THE COURT OF JUSTICE - POST FOR WHICH THE OFFICIAL CONCERNED COULD HAVE COMPLETED - APPOINTMENT OF ANOTHER OFFICIAL - UNLAWFUL IN THE ABSENCE OF AN ESSENTIAL FACTOR OF ASSESSMENT

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 7 )

3 . OFFICIALS - GRADE AND POST - EQUIVALENCE - RIGHT OF OFFICIALS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLES 5 AND 7 )

Summary

1 . WHILST THE STAFF REGULATIONS DO NOT GIVE OFFICIALS A RIGHT TO ANY PARTICULAR POST THAT DOES NOT MEAN THAT AN OFFICIAL MAY NOT HAVE A LEGITIMATE INTEREST IN PREFERRING ONE POST TO ANOTHER .

2 . WHERE A DECISION TERMINATING THE EMPLOYMENT OF AN OFFICIAL IS SUBSEQUENTLY ANNULLED BY THE COURT OF JUSTICE, IT MAY HAVE THE CONSEQUENCE OF RENDERING UNLAWFUL THE APPOINTMENT OF ANOTHER OFFICIAL TO A POST FOR WHICH THE OFFICIAL WHO WAS THE SUBJECT OF THE ANNULLED DECISION TERMINATING HIS EMPLOYMENT COULD HAVE APPLIED, THE ADMINISTRATION HAVING MADE THE APPOINTMENT WITHOUT HAVING BEEN ABLE TO TAKE ACCOUNT IN ORDER FOR IT TO BE ABLE TO EXERCISE ITS DISCRETION FULLY .

3 . OFFICIALS ARE ENTITLED TO RELY ON THE RULE OF EQUIVALENCE BETWEEN GRADE AND POST .
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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . COMMON CUSTOMS TARIFF - " POULTRY " - SCOPE OF APPLICATION

( REGULATION NO 22 OF THE COUNCIL, ARTICLE 1 )

Summary

1 . WITHIN THE SCOPE OF ITS POWERS UNDER ARTICLE 177, THE COURT HAS NO JURISDICTION TO APPLY THE TREATY TO A SPECIFIC CASE .

IT MUST CONFINE ITSELF TO EXTRACTING FROM THE WORDING OF THE QUESTION FORMULATED BY THE NATIONAL COURT THOSE MATTERS ONLY WHICH PERTAIN TO THE INTERPRETATION OF COMMUNITY LAW, HAVING REGARD TO THE FACTS SUBMITTED BY THE LATTER .

2 . THE DESCRIPTION " POULTRY " UNDER TARIFF HEADINGS 01.05 AND 02.02 OF THE COMMON CUSTOMS TARIFF APPLIES TO THOSE SPECIES OF POULTRY REARED FOR USE OR SLAUGHTER, IN PARTICULAR FOR THE PRODUCTION OF FOODSTUFFS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS ENTITLED TO BENEFIT - RIGHT TO BENEFITS - PLACE OF PERMANENT RESIDENCE HAS NO BEARING

( EEC TREATY, ARTICLES 48 TO 51; REGULATION NO 3 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - ORPHAN - GRANT WHERE NO PENSION PAID IN RESPECT OF INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE

( REGULATION NO 3, ARTICLE 42 ( 6 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - ORPHAN - GRANT WHERE NO PENSION PAID IN RESPECT OF INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE - CONDITIONS - DECEASED WORKER SUBJECT TO THE LEGISLATION OF A SINGLE MEMBER STATE - CONCEPT

( REGULATION NO 3, ARTICLE 42 ( 6 ))

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - ORPHAN - GRANT WHERE NO PENSION IS PAID IN RESPECT OF INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE - CONDITIONS - INSUFFICIENCY OF INSURANCE PERIODS COMPLETED BY THE DECEASED WORKER IN THE TERRITORY OF THE STATE IN WHICH THE ORPHAN IS RESIDENT - PAYMENT OF ALLOWANCES BY THE COMPETENT INSTITUTION OF THE COUNTRY FROM WHICH THE PENSION IS DUE

( REGULATION NO 3, ARTICLE 42 ( 6 ))

Summary

1 . ARTICLES 48 TO 51 OF THE EEC TREATY, THE PURPOSE OF WHICH IS TO ENSURE THAT THE MIGRANT WORKER AND HIS DEPENDANTS RECEIVE THE BENEFITS WHICH CORRESPOND TO THE VARIOUS PERIODS OF EMPLOYMENT AND INSURANCE COMPLETED BY HIM DO NOT ALLOW REGULATION NO 3 TO BE INTERPRETED IN SUCH A WAY AS TO DEPRIVE THOSE CONCERNED OF CERTAIN BENEFITS BY REASON OF THEIR PLACE OF PERMANENT RESIDENCE .

2 . THE OBJECT OF ARTICLE 42 ( 6 ) OF REGULATION NO 3 IS TO ENSURE IN ALL CIRCUMSTANCES THE PAYMENT OF FAMILY ALLOWANCES WHICH CORRESPOND TO THE INSURANCE PERIODS COMPLETED BY THE DECEASED WORKER IN ONE OR SEVERAL MEMBER STATES, WHATEVER THE PLACE OF PERMANENT RESIDENCE OF HIS DEPENDANTS .

3 . A DECEASED WORKER WHO HAS IN FACT SATISFIED THE CONDITIONS UNDER WHICH HE OR HIS DEPENDANTS MAY ACQUIRE THE RIGHT IN QUESTION MUST ALONE BE REGARDED AS COMING UNDER THE LEGISLATION UNDER THE TERMS OF ARTICLE 42 ( 6 ) ( A ) OF REGULATION NO 3 .

4 . WHERE AN ORPHAN RESIDES PERMANENTLY IN THE TERRITORY OF A MEMBER STATE IN WHICH THE DECEASED WORKER HAS COMPLETED INSUFFICIENT INSURANCE PERIODS TO ACQUIRE A RIGHT TO THE BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE COUNTRY OF PERMANENT RESIDENCE, THE COMPETENT INSTITUTION IN THE COUNTRY FROM WHICH THE PENSION IS DUE IS REQUIRED TO PAY THE FAMILY ALLOWANCES TO HIS DEPENDANTS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - INTERVENTION MACHINERY - FUNCTIONING - ACCESS

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRICES - INTERVENTION AGENCIES - TAKING OVER - CONDITIONS - " HOLDER " WITHIN THE MEANING OF ARTICLE 1 OF REGULATION ( EEC ) NO 1028/68 OF THE COMMISSION - COMMUNITY SCOPE OF THIS CONCEPT

Summary

1 . THE INTERVENTION MACHINERY ESTABLISHED WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF THE MARKET IN CEREALS REQUIRES THE WIDEST POSSIBLE ACCESS FOR ALL THOSE CONCERNED IN THE FUNCTIONING OF THIS MARKET . WHILST INCLUDING PRICE MEASURES OF PRICE SUPPORT, IT DOES NOT AIM TO DEROGATE FROM THE NORMAL CONDITIONS OF THE MARKET MORE THAN IS STRICTLY NECESSARY TO ACHIEVE THIS OBJECTIVE . TO ATTAIN THE OBJECTIVES SET, THE IMPLEMENTATION OF THIS MACHINERY MUST BE SUBJECT TO RULES WHICH ARE AS UNIFORM AS POSSIBLE .

2 . THE USE OF THE WORDS " EVERY HOLDER " IN ARTICLE 1 OF REGULATION NO 1028/68 OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EXCLUDES FROM THE SCOPE OF THE SUPPLEMENTARY CONDITIONS FOR TAKING OVER PROVIDED FOR IN ARTICLE 5 OF THE SAID REGULATION ANY CONDITION RELATING TO THE DEFINITION OF THE HOLDER OR HIS ENTITLEMENT TO AVAIL HIMSELF OF THE INTERVENTION MACHINERY .
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COMMON CUSTOMS TARIFF - APPLICATION - VALUE FOR CUSTOMS PURPOSES DETERMINED BY THE NORMAL PRICE - CONCEPT - DETERMINATION - TAKING INTO ACCOUNT THE TRANSPORT COSTS ACTUALLY PAID

( REGULATION NO 803/68 OF THE COUNCIL, ARTICLES 1 AND 8 )

Summary

THE NORMAL PRICE WHICH CONSTITUTES THE VALUE FOR CUSTOMS PURPOSES IS IN PRINCIPLE THE PRICE ACTUALLY PAID FOR A SPECIFIC ITEM OF GOODS AT THE TIME OF SALE IN CONDITIONS OF FREE COMPETITION; IT IS UNNECESSARY TO DISTINGUISH BETWEEN THE VARIOUS MEANS OF TRANSPORT EVEN IF THE CHOICE OF ONE OF THEM MAY APPEAR UNUSUAL WITH REGARD TO THE GOODS IN QUESTION .

IT INCLUDES THE CARRIAGE AND FREIGHT REFERRED TO IN ARTICLE 7 OF REGULATION NO 803/68 . UNLESS EXCEPTIONS ARE EXPRESSLY LAID DOWN SUCH COSTS ARE THOSE ACTUALLY INCURRED EVEN WHERE THE CHOICE OF THE MEANS OF TRANSPORT SEEMS UNUSUAL IN RELATION TO THE GOODS IN QUESTION AND THEY RESULT IN FIXING A NORMAL PRICE HIGHER THAN THE CIF PRICE FOR THE SAME GOODS TRANSPORTED BY A MORE USUAL MEANS OF TRANSPORT .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL THROUGH OFFICIAL CHANNELS MADE WITHIN THE PERIOD PRESCRIBED FOR APPEAL TO THE COURT - PRESERVATION OF THE PERIOD PRESCRIBED FOR APPEAL TO THE COURT - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS, ARTICLES 90, 91 )

2 . PROCEDURE - ADMISSIBILITY - OBJECTION THAT THE CASE IS LIS PENDENS - EXAMINATION BY THE COURT OF ITS OWN MOTION

( RULES OF PROCEDURE, ARTICLE 92 )

3 . PROCEDURE - JUDGMENT GRANTING ANNULMENT - SUBSEQUENT MEASURE CONFIRMING THE MEASURE ANNULLED - INAPPLICABILITY

( ECSC TREATY, ARTICLE 34; EEC TREATY, ARTICLE 176; EAEC TREATY, ARTICLE 149 )

4 . OFFICIALS - RECRUITMENT - SPECIAL PROCEDURE WITHIN THE MEANING OF ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS - STRICT APPLICATION - REASONS - REVIEW BY THE COURT

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

Summary

1 . TO PRESERVE THE RIGHT OF APPEAL, A COMPLAINT MADE UNDER ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS MUST AND NEED ONLY HAVE SUBSTANTIALLY THE SAME SUBJECT-MATTER AS THE SUBSEQUENT APPEAL TO THE COURT AND NEED NOT FULFIL ALL THE CONDITIONS AS TO FORM TO WHICH THE LATTER IS SUBJECT .

2 . THE COURT MUST RAISE OF ITS OWN MOTION THE OBJECTION THAT THE CASE IS LIS PENDENS .

3 . WHEN THE COURT ANNULS A DECISION THE AUTHOR OF THAT DECISION IS UNDER AN OBLIGATION TO REVOKE OR AT LEAST NOT TO APPLY A SUBSEQUENT DECISION WHICH SIMPLY CONFIRMS THE FIRST ONE .

4 . THE APPLICATION OF ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS IS SUBJECT TO VERY STRICT CONDITIONS AS TO FORM AND SUBSTANCE . THEREFORE THE INSTITUTIONS MAY ONLY HAVE RECOURSE TO THE SPECIAL PROCEDURE REFERRED TO IN THIS PROVISION WHEN THEY HAVE EXAMINED WITH THE GREATEST CARE WHETHER THE CONDITIONS FOR THE APPLICATION OF THAT PROVISION ARE FULFILLED .

MOREOVER, THE DECISION TO HAVE RECOURSE TO THAT PROCEDURE MUST STATE THE REASONS ON WHICH IT IS BASED SO THAT THE COURT MAY, IF NECESSARY, REVIEW THE LEGALITY OF THAT DECISION .
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1 . OFFICIALS - RULES ON TEMPORARY POSTING - FORMALITIES OF APPOINTMENT

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 7 )

2 . OFFICIALS - RULES ON TEMPORARY POSTING - TEMPORARY APPOINTMENT - JURISDICTION OF THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 7 )

3 . OFFICIALS - ACT ADVERSELY AFFECTING OFFICIALS - UNJUSTIFIED GRANT OF BENEFITS - INFRINGEMENT OF THE PRINCIPLE OF EQUALITY OF TREATMENT

Summary

1 . THE FORMAL REQUIREMENTS LAID DOWN BY THE SECOND PARAGRAPH OF ARTICLE 4, AND IN ARTICLE 45 FOR APPOINTMENT AND PROMOTION CANNOT BE EXTENDED TO CASES OF TEMPORARY POSTINGS . ON THE OTHER HAND THE SECOND PARAGRAPH OF ARTICLE 25 WHICH APPLIES TO THE DETERMINATION OF ADMINISTRATIVE STATUS IS APPLICABLE TO DECISIONS CONCERNING TEMPORARY POSTINGS .

2 . IT FOLLOWS FROM THE COMBINATION OF THE TWO PARAGRAPHS OF ARTICLE 7 OF THE STAFF REGULATIONS THAT THE POWER TO MAKE THE TEMPORARY POSTINGS MENTIONED IN THE SECOND PARAGRAPH BELONGS TO THE AUTHORITY MENTIONED IN THE PREVIOUS PARAGRAPH .

3 . THE CONFERRING OF ADVANTAGES ON CERTAIN OFFICIALS, WHICH IS NOT JUSTIFIED IN THE INTERESTS OF THE SERVICE, IS CAPABLE OF ADVERSELY AFFECTING THEIR IMMEDIATE COLLEAGUES BECAUSE IT INFRINGES THE PRINCIPLES OF EQUALITY OF TREATMENT AND OF OBJECTIVITY WHICH MUST GOVERN THE PUBLIC SERVICE .
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1 . PROCEDURE - PROCEEDINGS FOR ANNULMENT - PROCEEDINGS INSTITUTED BY NATURAL OR LEGAL PERSONS - DECISIONS OF INDIVIDUAL CONCERN TO THEM - CONCEPT

( EEC TREATY, ARTICLE 173 )

2 . COMMERCIAL POLICY - IMPLEMENTATION INVOLVING DEFLECTION OR TRADE OR ECONOMIC DIFFICULTIES IN A MEMBER STATE - AUTHORIZATION OF PROTECTIVE MEASURES BY THE COMMISSION - DEROGATION FROM PROHIBITION OF QUANTITATIVE RESTRICTIONS - SCOPE - STRICT INTERPRETATION

( EEC TREATY, ARTICLE 115 )

Summary

1 . ( A ) A DECISION IS OF INDIVIDUAL CONCERN TO A PERSON WHEN THE FACTUAL SITUATION CREATED BY THE DECISION DIFFERENTIATES HIM FROM ALL OTHER PERSONS AND DISTINGUISHES HIM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

A TRADER IS THEREFORE INDIVIDUALLY CONCERNED BY A DECISION AUTHORIZING A MEMBER STATE TO REJECT AN APPLICATION FOR AN IMPORT LICENCE MADE BY THE SAID TRADER PRIOR TO THE ADOPTION OF THE DECISION IF THE STATE MAKES USE OF THAT AUTHORIZATION .

( B ) A DECISION OF THE COMMISSION AUTHORIZING A MEMBER STATE TO PREVENT THE IMPORT OF CERTAIN PRODUCTS IS OF DIRECT CONCERN TO A PERSON WHERE, HAVING REQUESTED THE APPROPRIATE AUTHORITIES OF THAT STATE TO GRANT HIM AN IMPORT LICENCE FOR THOSE PRODUCTS, HE IS INFORMED THAT HIS REQUEST IS TO BE REJECTED AS SOON AS THE COMMISSION HAS AUTHORIZED THE STATE TO DO SO AND WHERE THAT AUTHORIZATION HAS BEEN REQUESTED WITH PARTICULAR REFERENCE TO THE APPLICATIONS ALREADY BEFORE THE SAID AUTHORITIES AT THAT TIME .

2 . ( A ) THE AUTHORIZATION CONTAINED IN THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 115 OF THE EEC TREATY MAY IN PARTICULAR CONSTITUTE AN EXCEPTION TO THE PROVISIONS OF ARTICLE 9 OF THE TREATY IN CONJUNCTION WITH THOSE OF ARTICLE 30, WHEREBY THE PROHIBITION OF QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT APPLIS NOT ONLY TO GOODS ORIGINATING IN MEMBER STATES BUT ALSO TO GOODS IN FREE CIRCULATION IN MEMBER STATES WHICH ORIGINATED IN THIRD COUNTRIES .

( B ) BECAUSE THEY CONSTITUTE NOT ONLY AN EXCEPTION TO THE AFOREMENTIONED PROVISIONS, WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET, BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR BY ARTICLE 113, THE DEROGATIONS ALLOWED UNDER ARTICLE 115 MUST BE STRICTLY INTERPRETED AND APPLIED .
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1 . PROCEDURE - QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . COMMUNITY LAW - INTERPRETATION OF A PROVISION WHICH HAS BEEN APPLIED - REFERENCE TO THE STATE OF THE LAW IN FORCE

( EEC TREATY, ARTICLE 164, ARTICLE 177 )

3 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - ABSENCE OF COMMUNITY LEGISLATION - AUTHORITY OF THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

4 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - CRITERIA

( REGULATION NO 950/68 OF THE COUNCIL )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - KIBBLED MAIZE GRAIN WITHIN THE MEANING OF ARTICLE 1 ( D ) OF REGULATION NO 19/62 - CONCEPT

Summary

1 . ALTHOUGH ARTICLE 177 OF THE TREATY DOES NOT ALLOW THE COURT TO GIVE A RULING ON A SPECIFIC CASE WHEN IT IS CALLED UPON TO INTERPRET COMMUNITY LAW, THE NEED, HOWEVER, TO REACH A HELPFUL INTERPRETATION OF THE PROVISIONS IN QUESTION JUSTIFIES THE STATEMENT BY THE NATIONAL COURT OF THE LEGAL CONTEXT IN WHICH THE INTERPRETATION WHICH IS SOUGHT MUST BE PLACED .

2 . THE PRINCIPLE OF LEGAL CERTAINTY MAKES IT NECESSARY TO REFER TO THE STATE OF THE LAW IN FORCE WHEN THE REGULATION THE INTERPRETATION OF WHICH IS SOUGHT WAS APPLIED .

3 . IN THE ABSENCE OF COMMUNITY LEGISLATION ON THE SUBJECT, THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS LAID DOWN BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN THE CUSTOMS TARIFFS ARE AUTHORITATIVE AS A VALID MEANS OF INTERPRETING HEADINGS IN THE COMMON CUSTOMS TARIFF .

4 . THE INTERPRETATION OF A TARIFF HEADING MUST IN DOUBTFUL CASES TAKE INTO CONSIDERATION BOTH THE FUNCTION OF THE CUSTOMS TARIFF IN VIEW OF THE NEEDS OF THE SYSTEM OF ORGANIZATION OF THE MARKETS AND ITS PURELY CUSTOMS FUNCTION .

5 . THE PHRASE " KIBBLED MAIZE GRAIN " USED IN ARTICLE 1 ( D ) OF REGULATION NO 19/62 AND MENTIONED UNDER TARIFF HEADING EX 11.02 A III ( B ) IN THE ANNEX TO THAT REGULATION MUST BE INTERPRETED AS INCLUDING A PRODUCT WHETHER OR NOT DEGERMED WHICH HAS HAD STARCH EXTRACTED AND CONTAINS THE ESSENTIAL CONSTITUENTS OF MAIZE IN SUCH PROPORTIONS THAT THE QUANTITY OF THOSE INGREDIENTS CORRESPONDS TO THE NORMAL VALUES OF THE NATURAL CONTENTS OF MAIZE .