ddrg/super_eurlex huggingface dataset:
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1 . APPROXIMATION OF LAWS - PRESERVATIVES OR ANTIOXIDANTS AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION - DUTIES OF THE MEMBER STATES - SCOPE

( COUNCIL DIRECTIVES NOS 64/54 AND 70/357 )

2 . MEASURES OF THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - DIRECTIVES CONCERNING THE PRESERVATIVES OR ANTIOXIDANTS AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION

( COUNCIL DIRECTIVES NOS 64/54 AND 70/357 )

Summary

1 . DIRECTIVES NOS 64/54 AND 70/357 CONCERNING THE PRESERVATIVES OR ANTIOXIDANTS AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION REQUIRE MEMBER STATES NOT TO AUTHORIZE THE USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION OF PRESERVATIVES OR ANTIOXIDANTS WHICH ARE NOT INCLUDED IN THE LISTS ANNEXED TO THOSE DIRECTIVES . ON THE OTHER HAND , AT THE PRESENT STAGE IN THE APPROXIMATION OF NATIONAL LAWS IN THIS FIELD , MEMBER STATES ARE NOT BOUND TO AUTHORIZE THE USE IN FOODSTUFFS OF ALL THE PRESERVATIVES OR ANTIOXIDANTS APPEARING ON THOSE LISTS . HOWEVER , THE FREEDOM THUS LEFT TO THE MEMBER STATES MUST NOT HAVE THE EFFECT OF TOTALLY EXCLUDING THE USE IN THE FOODSTUFFS IN QUESTION OF ANY OF THOSE SUBSTANCES , OR OF PREVENTING ALL MARKETING THEREOF .

2 . IN SO FAR AS DIRECTIVES NOS 64/54 AND 70/357 DO NOT ALLOW MEMBER STATES TO PROHIBIT ABSOLUTELY THE USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION OF ANY OF THE PRESERVATIVES OR ANTIOXIDANTS INCLUDED IN THE LISTS APPEARING IN THE ANNEXES THERETO , OR TO PREVENT ALL MARKETING OF SUCH A SUBSTANCE , THE PROVISIONS THEREOF MAY BE RELIED UPON BEFORE NATIONAL COURTS .
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OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - DECISION OF REJECTION ADDRESSED TO THE OFFICIAL - INOPERATIVE NATURE OF COMMUNICATION ADDRESSED TO A THIRD PARTY

( STAFF REGULATIONS , ART . 90 ( 2 ))

Summary

A LETTER FROM THE ADMINISTRATION INFORMING AN OFFICIAL THAT IT IS IMPOSSIBLE TO GIVE A FAVOURABLE REPLY TO A REQUEST MADE BY HIM AND INDICATING THE REASONS ON WHICH THAT REJECTION WAS BASED CONSTITUTES AN ' ' ACT ADVERSELY AFFECTING ' ' THE OFFICIAL WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS AND CAUSES TO START TO RUN THE PERIOD OF THREE MONTHS FOR SUBMITTING A COMPLAINT LAID DOWN IN THAT PROVISION . ON THE OTHER HAND A SUBSEQUENT LETTER ADDRESSED TO A THIRD PARTY WHO HAS TAKEN STEPS ON BEHALF OF THE PERSON CONCERNED AND IN WHICH THE ADMINISTRATION MERELY EXPLAINS THE PRIOR DECISION CANNOT BE REGARDED AS BEING OF SUCH A NATURE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION OF A MEMBER STATE - CONCEPT - BELGIAN LAW ON SOCIAL SECURITY FOR WORKERS FROM THE FORMER BELGIAN CONGO AND RUANDA-URUNDI - INCLUSION - APPLICATION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES WITHOUT CONDITIONS OF NATIONALITY OR RESIDENCE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 1(J ), 2(1 ), 3(1 ) AND 10(1 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SPECIAL APPLICATION PROCEDURES FOR LEGISLATION OF CERTAIN MEMBER STATES - APPLICATION BY ANALOGY - NOT PERMISSIBLE

( REGULATION NO 1408/71 OF THE COUNCIL , ANNEX V )

Summary

1 . THE BELGIAN LAW OF 16 JUNE 1960 PLACING UNDER THE CONTROL AND GUARANTEE OF THE BELGIAN STATE THE INSTITUTIONS ADMINISTERING SOCIAL SECURITY FOR WORKERS FROM THE BELGIAN CONGO AND RUANDA-URUNDI AND PROVIDING A GUARANTEE BY THE BELGIAN STATE OF SOCIAL SECURITY BENEFITS IN FAVOUR OF SUCH PERSONS , CONSTITUTES ' ' LEGISLATION OF A MEMBER STATE ' ' WITHIN THE MEANING OF REGULATION NO 1408/71 . ACCORDINGLY THE BELGIAN STATE CANNOT IMPOSE CONDITIONS OF NATIONALITY OR RESIDENCE ON WORKERS WHO ARE NATIONALS OF THE MEMBER STATES OF THE COMMUNITY AND WHO COME WITHIN THE SPHERE OF APPLICATION OF THE SAID REGULATION FOR THE GRANT OF THE SOCIAL SECURITY BENEFITS PROVIDED FOR BY THAT LAW .

2 . ANNEX V TO REGULATION NO 1408/71 CONTAINS A NUMBER OF PROVISIONS CONTAINING SPECIAL APPLICATION PROCEDURES WHICH REFER TO VARIOUS SPECIAL SITUATIONS . SUCH PROCEDURES MAY ONLY DERIVE FROM AN EXPRESS PROVISION IN THE RULES IN QUESTION AND CANNOT BE EXTENDED TO SITUATIONS OTHER THAN THOSE EXPRESSLY ENVISAGED .
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1 . APPROXIMATION OF LAWS - ELECTRICAL EQUIPMENT - DIRECTIVE NO 73/23 - PURPOSE - DUTIES OF MEMBER STATES - SCOPE

( COUNCIL DIRECTIVE NO 73/23 )

2 . APPROXIMATION OF LAWS - ELECTRICAL EQUIPMENT - DIRECTIVE NO 73/23 - EQUIPMENT BEARING MARKS DENOTING CONFORMITY AND ENTITLED TO A PRESUMPTION OF CONFORMITY - RESTRICTION OF FREE MOVEMENT BY A JUDICIAL AUTHORITY - NOT PERMISSIBLE - OBLIGATION TO FOLLOW PROCEDURE OF ARTICLE 9 OF DIRECTIVE

( COUNCIL DIRECTIVE NO 73/23 , ARTS 9 AND 10 )

3 . APPROXIMATION OF LAWS - ELECTRICAL EQUIPMENT - DIRECTIVE NO 73/23 - EQUIPMENT NOT ENTITLED TO A PRESUMPTION OF CONFORMITY - RESTRICTION OF FREE MOVEMENT BY A JUDICIAL AUTHORITY - PERMISSIBILITY - LIMITS

( COUNCIL DIRECTIVE NO 73/23 , ARTS 8 ( 2 ) AND 10 )

Summary

1 . THE AIM OF DIRECTIVE NO 73/23 , WHICH WAS ADOPTED ON THE BASIS OF ARTICLE 100 OF THE EEC TREATY , IS , AS FAR AS CONCERNS THE DIFFERENT CONCEPTIONS OF SAFETY WITH WHICH THE PROVISIONS IN FORCE IN THE MEMBER STATES COMPLY , TO PERMIT THE FREE MOVEMENT OF ELECTRICAL EQUIPMENT DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS , PROVIDED , HOWEVER , THAT CERTAIN SAFETY REQUIREMENTS PRESCRIBED BY THE DIRECTIVE ARE OBSERVED . ITS PURPOSE WOULD BE FRUSTRATED IF THE COMPETENT NATIONAL AUTHORITIES IN THE EXERCICE OF THE POWERS RESERVED TO THEM RELATING TO THE FORM AND METHOD OF IMPLEMENTING THE DIRECTIVE DID NOT KEEP WITHIN THE LIMITS OF THE DISCRETION OUTLINED BY THIS DIRECTIVE . INDEED ANY OVERSTEPPING OF THESE LIMITS MIGHT CREATE NEW DISPARITIES AND THEREFORE FRESH BARRIERS TO TRADE AND AS A RESULT PREVENT THE FREE MOVEMENT OF GOODS IN A FIELD IN WHICH THE COMMUNITY LEGISLATURE HAD ADOPTED PROVISIONS IN ORDER TO ENSURE SUCH FREEDOM .

2 . IF THE IMPORTED ELECTRICAL MATERIAL BEARS MARKS DENOTING CONFORMITY DULY ISSUED BY BODIES NOTIFIED IN ACCORDANCE WITH DIRECTIVE NO 73/23 , THERE IS A PRESUMPTION OF CONFORMITY WHICH PREVENTS THE ADOPTION OF ANY MEASURE RESTRICTING THE FREE MOVEMENT OF THAT EQUIPMENT BY A JUDICIAL AUTHORITY OF A MEMBER STATE , EVEN IF THE MEMBER STATES HAVE NOT ALL DESIGNATED THE BODIES WHICH ARE EMPOWERED TO ISSUE SUCH MARKS . WHERE THERE IS SUCH A PRESUMPTION OF CONFORMITY , MEASURES RESTRICTING THE FREE MOVEMENT OF THE GOODS MAY BE ADOPTED ONLY IN THE CONTEXT OF THE PROCEDURE OF ARTICLE 9 OF THE SAID DIRECTIVE BY A NATIONAL ADMINISTRATIVE AUTHORITY ACTING ON BEHALF OF THE MEMBER STATE AND EMPOWERED TO PARTICIPATE IN THAT PROCEDURE .

3 . A JUDICIAL AUTHORITY OF A MEMBER STATE MAY , ON THE BASIS OF THE REQUIREMENTS OF ITS NATIONAL LAW , ADOPT A MEASURE RESTRICTING THE FREE MOVEMENT OF ELECTRICAL EQUIPMENT IN RESPECT OF WHICH THERE IS NO PRESUMPTION OF CONFORMITY WITHIN THE MEANING OF ARTICLE 10 OF DIRECTIVE NO 73/23 SO LONG AS THE EQUIPMENT HAS NOT BEEN THE SUBJECT OF A REPORT WITHIN THE MEANING OF ARTICLE 8 ( 2 ) OF THE DIRECTIVE . ON THE OTHER HAND , THE JUDICIAL AUTHORITY OF A MEMBER STATE DOES NOT HAVE THAT POWER IN OTHER CIRCUMSTANCES IN WHICH COMMUNITY LAW AND PROCEDURES APPLY .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - GENERAL PROVISION TO BE IMPLEMENTED BY MEANS OF INDIVIDUAL DECISIONS - NON-APPLICATION TO A PARTICULAR CASE

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - CONCEPT

3 . OFFICIALS - REMUNERATION - FOREIGN RESIDENCE ALLOWANCE - CONDITIONS FOR GRANT - NATIONALITY SOLE CRITERION - BREACH OF THE PRINCIPLE OF EQUAL TREATMENT - NONE

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 2 ))

Summary

1 . SINCE ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS PROVIDES THAT ANY PERSON TO WHOM THE STAFF REGULATIONS APPLY MAY SUBMIT TO THE APPOINTING AUTHORITY A REQUEST THAT IT TAKE A DECISION RELATING TO HIM , IT IS THE EXPRESS OR IMPLIED DECISION REJECTING IT WHICH OPENS THE WAY TO A COMPLAINT THROUGH OFFICIAL CHANNELS UNDER ARTICLE 90 ( 2 ) OF THE REGULATIONS . THEREFORE , IN THE CASE OF AN ACT WHICH IS GENERAL IN NATURE AND WHICH IS INTENDED TO BE IMPLEMENTED BY MEANS OF A SERIES OF INDIVIDUAL DECISIONS AFFECTING MANY OFFICIALS IN AN INSTITUTION , THE NON-APPLICATION OF THAT GENERAL MEASURE TO A PARTICULAR CASE CANNOT BE CONSIDERED AS A DECISION , EVEN IMPLIED , REJECTING A REQUEST OF THE KIND ENVISAGED BY ARTICLE 90 ( 1 ).

2 . THE GENERAL PRINCIPLE OF EQUALITY , OF WHICH THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY IS MERELY A SPECIFIC EXPRESSION , IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THE PRINCIPLE REQUIRES THAT COMPARABLE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

3 . IN RESTRICTING THE FOREIGN RESIDENCE ALLOWANCE TO OFFICIALS WHO ARE NOT AND NEVER HAVE BEEN NATIONALS OF THE STATE IN WHOSE TERRITORY THEY ARE EMPLOYED AND WHO DO NOT RECEIVE THE EXPATRI ATION ALLOWANCE ARTICLE 4 ( 2 ) OF ANNEX VII TO THE STAFF REGULATION ( INSERTED BY ARTICLE 21 ( 2 ) OF REGULATION NO 912/78 ) DOES NOT OFFEND AGAINST THE GENERAL PRINCIPLE OF EQUALITY . AS THE FOREIGN RESIDENCE ALLOWANCE IS INTENDED TO COMPENSATE FOR THE DISADVANTAGES WHICH OFFICIALS UNDERGO AS A RESULT OF THEIR STATUS AS ALIENS , THE COMMUNITY LEGISLATURE WAS ENTITLED , IN APPLYING ITS DISCRETIONARY JUDGMENT TO THAT SITUATION , TO RELY ON THE SINGLE CRITERION OF NATIONALITY , WHICH IS UNIFORM , OBJECTIVE AND DIRECTLY RELATED TO THE PURPOSE OF THE RULES .

ALTHOUGH IN BORDER-LINE CASES FORTUITOUS PROBLEMS MUST ARISE FROM THE INTRODUCTION OF ANY GENERAL AND ABSTRACT SYSTEM OF RULES , THERE ARE NO GROUNDS FOR TAKING EXCEPTION TO THE FACT THAT THE LEGISLATURE HAS RESORTED TO CATEGORIZATION , PROVIDED THAT IT IS NOT IN ESSENCE DISCRIMINATORY HAVING REGARD TO THE OBJECTIVE WHICH IT PURSUES .
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OFFICIALS - APPLICATIONS TO THE COURT - APPLICATION DIRECTED AGAINST A REGULATION - ABSENCE OF ACT ADVERSELY AFFECTING THE OFFICIAL - INADMISSIBILITY

( EEC TREATY , ART . 173 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 ; COUNCIL REGULATIONS NOS 3085 AND 3086/78 AMENDING THE STAFF REGULATIONS OF OFFICIALS )

Summary

REGULATIONS NOS 3085 AND 3086/78 ARE OF GENERAL APPLICATION AND HENCE OFFICIALS MAY NOT CLAIM THAT THEY CONSTITUTE DECISIONS WHICH ARE OF DIRECT AND INDIVIDUAL CONCERN TO THEM IN ORDER TO CALL THEIR VALIDITY IN QUESTION IN PROCEEDINGS UNDER ARTICLE 173 OF THE TREATY .

THE MERE SUBMISSION OF A COMPLAINT PURSUANT TO ARTICLE 90 OF THE STAFF REGU LATIONS IS NOT SUFFICIENT TO CREATE A JUDICIAL REMEDY AGAINST A MEASURE WHICH IS IN THE NATURE OF A REGULATION . THE PROCEDURE PROVIDED FOR IN ARTICLE 90 ( 2 ) APPLIES ONLY WHERE THE APPOINTING AUTHORITY HAS TAKEN A DECISION OR HAS REFRAINED FROM ADOPTING A MEASURE PRESCRIBED BY THE STAFF REGULATIONS AND WHERE SUCH CONDUCT CONSTITUTES AN ACT ADVERSELY AFFECTING THE OFFICIAL .
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1 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - FOREIGN RESIDENCE ALLOWANCE - CONDITIONS GOVERNING GRANT

( STAFF REGULATIONS , ANNEX VII , ART . 4 )

2 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - CONDITIONS GOVERNING GRANT - BASED ON OBJECTIVE FACTORS - DIFFERENT TREATEMENT OF COMPARABLE SITUATIONS - BREACH OF PRINCIPLE OF EQUALITY - NONE

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ))

Summary

1 . CONSIDERED AS A WHOLE , THE PROVISIONS OF ARTICLE 4 OF ANNEX VII TO THE STAFF REGULATIONS INDICATE THAT , WHILST THE COMMUNITY LEGISLATURE MADE THE FACT OF FOREIGN ORIGIN THE SOLE BASIS FOR THE GRANT OF THE FOREIGN RESIDENCE ALLOWANCE , FOR THE PURPOSES OF THE GRANT OF THE EXPATRIATION ALLOW- ANCE IT ADOPTED ACTUAL CHANGE OF RESIDENCE AS THE PRIMARY CRITERION AND REGARDED NATIONALITY AS MERELY OF SECONDARY IMPORTANCE ; THAT IS CONFIRMED BY ARTICLE 4 ( 1 ) ( B ), WHEREBY THE EXPATRIATION ALLOWANCE IS EVEN GRANTED TO OFFICIALS WHO ARE NATIONALS OF THE COUNTRY IN WHICH THEY ARE EMPLOYED , PROVIDED THAT THEY RESIDED IN ANOTHER STATE DURING THE TEN YEARS PRECEDING THEIR RECRUIT- MENT .

2 . THE FACT THAT OFFICIALS FIND THAT PAYMENT OF THE EXPATRIATION ALLOWANCE IS DENIED TO THEM WHEN THEIR CIRCUMSTANCES ARE CLOSE TO THOSE DEFINED BY ARTICLE 4 ( 1 ) OF ANNEX VII TO THE STAFF REGULATIONS DOES NOT JUSTIFY THE CONCLUSION THAT THOSE PROVISIONS CONTAIN ARBITRARY DIFFERENTIATION , WHEN , BASED ON OBJECTIVE FACTORS , THEY APPLY IN THE SAME MANNER TO ALL OFFICIALS WHO ARE PLACED IN THE SITUATION CONTEMPLATED BY THE STAFF REGULATIONS . IT FOLLOWS THAT THE SAID PROVISION DOES NOT CONTAIN ANY FACTOR OF SUCH A KIND AS TO GIVE RISE , IN BREACH OF THE PRINCIPLE OF EQUAL TREATMENT AND NON-DISCRIMINATION , TO A DIFFERENCE IN TREATMENT BETWEEN OFFICIALS WHO ARE IN FACT PLACED IN COMPARABLE SITUATIONS .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - STATEMENT OF PECUNIARY RIGHTS CONTAINED IN A DECISION PLACING AN OFFICIAL ON EARLY RETIREMENT

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - ACT WHICH IS MERELY CONFIRMATORY - TIME-LIMIT FOR APPLICATION NOT RENEWED

( STAFF REGULATIONS , ARTS 90 AND 91 )

3 . OFFICIALS - APPLICATIONS TO THE COURT - TIME-LIMITS - APPLICABILITY TO REQUESTS FOR RECALCULATION OF PENSION RIGHTS - CONDITIONS

( STAFF REGULATIONS , ARTS 90 AND 91 ; ANNEX VIII , ART . 41 , FIRST PARAGRAPH )

Summary

1 . A STATEMENT OF THE PECUNIARY RIGHTS OF AN OFFICIAL WHICH FORMS AN INTEGRAL PART OF A DECISION PLACING HIM ON EARLY RETIREMENT MAY BE CONSIDERED AS AN ACT ADVERSELY AFFECTING HIM .

2 . A MEASURE WHICH CONTAINS NO NEW FACTOR AS COMPARED WITH A PREVIOUS MEASURE CONSTITUTES A PURELY CONFIRMATORY MEASURE AND CANNOT THEREFORE HAVE THE EFFECT OF SETTING A FRESH TIME-LIMIT IN FAVOUR OF THE PERSON TO WHOM THE EARLIER MEASURE WAS ADDRESSED .

3 . ANY OFFICIAL WHO SEEKS TO HAVE HIS PENSION RECALCULATED WHERE THERE HAS BEEN ERROR OR OMISSION OF ANY KIND MAY , IT IS TRUE , AVAIL HIMSELF OF THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 41 OF ANNEX VIII TO THE STAFF REGULATIONS BY REQUESTING SUCH A RECALCULATION BY MEANS OF A COMPLAINT AND , IF NECESSARY , BY WAY OF LEGAL PROCEEDINGS , BUT FOR HIS COMPLAINT AND HIS ACTION TO BE ADMITTED UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS HE MUST EXERCISE HIS RIGHT OF ACTION WITHIN THE PERIODS LAID DOWN BY THOSE ARTICLES , STARTING FROM THE TIME OF THE OCCURRENCE OF A NEW FACT SUCH AS TO JUSTIFY A RECALCULATION OF HIS PENSION OR FROM THE TIME WHEN HE ACTUALLY BECAME AWARE OF THE EXISTENCE OF SUCH A FACT .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - DESCRIPTION AND PRESENTATION OF WINES - PROHIBITION OF ' ' MISLEADING INFORMATION ' ' - SCOPE

( COUNCIL REGULATION NO 355/79 , ARTS 8 ( C ), 18 ( C ) AND 43 )

Summary

THE EXPRESSION ' ' MISLEADING INFORMATION ' ' EMPLOYED IN ARTICLES 8 ( C ) AND 18 ( C ) OF REGULATION NO 355/79 LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS AND THE EXPRESSIONS ' ' CONFUSION ' ' AND ' ' FALSE IMPRESSION ' ' OCCURRING IN ARTICLE 43 OF THE SAME REGULATION MUST BE INTERPRETED AS COVERING NOT ONLY DESCRIPTIONS WHICH ARE LIABLE TO BE CONFUSED WITH THE DESCRIPTION OF A PARTICULAR SMALL LOCALITY ( ' ' LAGE ' ' ) BUT ALSO ALL DESCRIPTIONS WHICH ARE LIABLE TO INDUCE THE PUBLIC TO BELIEVE THAT THE DESCRIPTION IN QUESTION IS THE NAME , OR PART OF THE NAME , OF A WINE-GROWING LOCAL ADMINISTRATIVE AREA ( ' ' WEINBAUORT ' ' ) WHICH DOES NOT IN FACT EXIST OR THE NAME OF A SMALL LOCALITY ( ' ' LAGE ' ' ) WHICH DOES NOT IN FACT EXIST .
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1 . OFFICIALS - APPLICATION TO THE COURT - MEASURE ADVERSELY AFFECTING - CHANGE OF ASSIGNMENT ON REORGANIZATION OF DEPARTMENTS

( STAFF REGULATIONS , ART . 91 )

2 . OFFICIALS - TRANSFER - REASSIGNMENT - CRITERIA FOR DISTINGUISHING - CONDITIONS COMMON THERETO

( STAFF REGULATIONS , ARTS 4 , 7 ( 1 ) AND 29 )

3 . OFFICIALS - ORGANIZATION OF DEPARTMENS - DISCRETION OF ADMINISTRATION

Summary

1 . EVEN IF A DECISION DOES NOT AFFECT THE MATERIAL INTEREST OR THE RANK OF AN OFFICIAL IT MAY , HAVING REGARD TO THE NATURE OF THE DUTIES IN QUESTION AND THE CIRCUMSTANCES , ADVERSELY AFFECT THE NON-MATERIAL INTERESTS AND FUTURE PROSPECTS OF THE OFFICER CONCERNED .

2 . UNDER THE SYSTEM OF THE STAFF REGULATIONS THERE IS A TRANSFER PROPERLY SO-CALLED ONLY WHERE AN OFFICIAL IS TRANSFERRED TO FILL A VACANT POST . IT FOLLOWS THAT EVERY TRANSFER PROPERLY SO-CALLED IS SUBJECT TO THE FORMALITIES LAID DOWN IN ARTICLES 4 AND 29 OF THE STAFF REGULATIONS . ON THE OTHER HAND THOSE FORMALITIES DO NOT APPLY IN THE CASE OF REASSIGNMENT OF AN OFFICIAL , AS THIS DOES NOT GIVE RISE TO A VACANCY .

DECISIONS TO REASSIGN ARE SUBJECT , JUST AS TRANSFERS , AS REGARDS THE PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF THE OFFICIALS CONCERNED , TO THE RULES OF ARTICLE 7 ( 1 ) OF THE STAFF REGULATIONS INASMUCH AS IN PARTICULAR THE REASSIGNMENT OF OFFICIALS MAY TAKE PLACE ONLY IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH THE PRINCIPLE OF EQUIVALENCE OF POSTS .

3 . THE INSTITUTIONS OF THE COMMUNITY HAVE A WIDE DISCRETION IN THE ORGANIZATION OF THEIR DEPARTMENTS IN ACCORDANCE WITH THE TASKS ENTRUSTED TO THEM AND IN THE ASSIGNMENT , WITH THOSE TASKS IN VIEW , OF THE STAFF PLACED AT THEIR DISPOSAL .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER - CONCEPT

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

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - OLD-AGE PENSIONERS - COMMUNITY SCHEME - MATTERS COVERED - OLD-AGE BENEFITS GRANTED TO SELF-EMPLOYED WORKERS ON THE BASIS OF NATIONAL LEGISLATION ALONE - EXCLUSION

( REGULATION OF THE COUNCIL NO 1408/71 , ART . 77 )

Summary

1 . A PERSON WHO HAS BEEN COMPULSORILY INSURED AS A SELF-EMPLOYED WORKER IN ONE MEMBER STATE BUT WHO IS COMPULSORILY INSURED AS AN EMPLOYED WORKER IN ANOTHER MEMBER STATE MUST BE CONSIDERED AS A WORKER WITHIN THE MEANING OF ARTICLES 1 ( A ) AND 2 ( 1 ) OF REGULATION NO 1408/71 THROUGHOUT THE COMMUNITY .

2 . ARTICLE 77 OF REGULATION NO 1408/71 , WHICH GOVERNS FAMILY ALLOWANCES FOR OLD-AGE PENSIONERS AND INCREASES IN OR SUPPLEMENTS TO SUCH PENSIONS IN RESPECT OF THEIR DEPENDENT CHILDREN MUST BE INTERPRETED TO MEAN THAT THE EXPRESSION ' ' PENSIONS FOR OLD AGE ' ' DOES NOT COVER OLD-AGE BENEFITS GRANTED IN A MEMBER STATE TO A PERSON WHO WAS INSURED THERE UNDER A SOCIAL SECURITY SCHEME APPLICABLE TO SELF-EMPLOYED PERSONS IF SUCH BENEFITS ARE BASED ON THE LEGISLATION OF THAT MEMBER STATE ALONE WITHOUT THE APPLICATION OF THE PROVISIONS OF THE SAID REGULATION .
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1 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - LEGAL CERTAINTY - RULES IMPOSING CHARGES - REQUIREMENT OF CLARITY AND PRECISION

2 . COMMON CUSTOMS TARIFF - HEADINGS - CLASSIFICATION OF GOODS - EMMENTALER CHEESE - CLASSIFICATION IN SUBHEADING 04.04 . A I - INAPPLICABILITY OF MONETARY COMPENSATORY AMOUNTS IN INTRA-COMMUNITY TRADE

Summary

1 . THE PRINCIPLE OF LEGAL CERTAINTY REQUIRES THAT RULES IMPOSING CHARGES ON THE TAXPAYER MUST BE CLEAR AND PRECISE SO THAT HE MAY KNOW WITHOUT AMBIGUITY WHAT ARE HIS RIGHTS AND OBLIGATIONS AND MAY TAKE STEPS ACCORDINGLY .

2 . SINCE NO CONDITIONS HAVE BEEN PROPERLY LAID DOWN FOR ITS ENTRY UNDER SUBHEADING 04.04 A I , EMMENTALER CHEESE EXPORTED FROM ONE MEMBER STATE TO ANOTHER MEMBER STATE FALLS WITHIN THAT SUBHEADING IN SO FAR AS IT SATISFIES THE CHARACTERISTICS THEREOF . IT IS NOT THEREFORE SUBJECT TO MONETARY COMPENSATORY AMOUNTS .
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1 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 OF THE TREATY - NARROWLY CONSTRUED - CONSUMER PROTECTION - FAIR TRADING - NO DEROGATION

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROVISIONS REQUIRING AN INDICATION OF ORIGIN ON IMPORTED ARTICLES OF JEWELLERY

( EEC TREATY , ART . 30 )

Summary

1 . SINCE IT CONSTITUTES A DEROGATION FROM THE BASIC RULE THAT ALL OBSTACLES TO THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES ARE TO BE ELIMINATED , ARTICLE 36 OF THE EEC TREATY MUST BE CONSTRUED NARROWLY ; THE EXCEPTIONS LISTED THEREIN CANNOT BE EXTENDED TO CASES OTHER THAN THOSE SPECIFICALLY LAID DOWN . IN VIEW OF THE FACT THAT NEITHER THE PROTECTION OF CONSUMERS NOR THE FAIRNESS OF COMMERCIAL TRANSACTIONS IS INCLUDED AMONGST THE EXCEPTIONS SET OUT IN ARTICLE 36 , THOSE GROUNDS CANNOT BE RELIED UPON AS SUCH IN CONNEXION WITH THAT ARTICLE .

2 . NATIONAL LEGISLATION REQUIRING ALL SOUVENIRS AND ARTICLES OF JEWELLERY IMPORTED FROM OTHER MEMBER STATES TO BEAR AN INDICATION OF ORIGIN OR THE WORD ' ' FOREIGN ' ' CONSTITUTES A MEASURE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 30 OF THE EEC TREATY .
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ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - AGRICULTURE - TRADE BETWEEN NEW MEMBER STATES AND THE COMMUNITY AS ORIGINALLY CONSTITUTED - ' ' ACCESSION ' ' COMPENSATORY AMOUNTS - PAYMENT OF COMPENSATORY AMOUNTS BY THE EXPORTING MEMBER STATE - CONDITION - ACTUAL RELEASE OF PRODUCTS ON TO THE MARKET IN THE IMPORTING MEMBER STATE

( ACT OF ACCESSION , ART . 55 ( 1 ); REGULATION NO 269/73 OF THE COMMISSION , ART . 5 ( 2 ) AS AMENDED BY REGULATION NO 1466/73 )

Summary

THE OBJECT OF THE ' ' ACCESSION ' ' COMPENSATORY AMOUNTS IN INTRA-COMMUNITY TRADE IS TO PROMOTE THE SATISFACTORY CIRCULATION OF PRODUCTS BETWEEN TWO MEMBER STATES WITH DIFFERENT PRICE-LEVELS AND THEREFORE THE SYSTEM IN QUESTION IS APPLICABLE ONLY IF THE GOODS IN QUESTION ACTUALLY MOVE BETWEEN THOSE TWO STATES AND IF , BY REASON OF THE MARKETING OF THOSE GOODS WITHIN THE STATE DESIGNATED AS THE IMPORTING STATE , SUCH PRICE-DIFFERENCE AS MAY EXIST BETWEEN THAT MEMBER STATE AND THE EXPORTING MEMBER STATE CONSTITUTES AN ECONOMIC FACTOR WHICH REALLY AFFECTS TRADE BETWEEN THE TWO STATES .

THEREFORE , ARTICLE 5 ( 2 ) OF REGULATION NO 269/73 OF THE COMMISSION , AS AMENDED BY REGULATION NO 1466/73 , MUST BE INTERPRETED AS MEANING THAT AN EXPORTER WHO SENDS AGRICULTURAL PRODUCTS TO A NEW MEMBER STATE FROM A MEMBER STATE WHICH APPLIES HIGHER PRICES MAY NOT CLAIM PAYMENT OF ' ' ACCESSION ' ' COMPENSATORY AMOUNTS IF THE COMPLETION OF CUSTOMS FORMALITIES IN THE MEMBER STATE DECLARED TO THE COMPETENT AUTHORITIES IN THE EXPORTING MEMBER STATE AS THE STATE OF DESTINATION IS NOT FOLLOWED BY THE EFFECTIVE RELEASE OF THOSE PRODUCTS ON TO THE MARKET OF THE LATTER STATE .