ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . OFFICIALS - COMPENSATION FOR ACCIDENTS AND OCCUPATIONAL DISEASES - INVALIDITY PENSION - DIFFERENT BENEFITS - SEPARATE PROCEDURES

( STAFF REGULATIONS OF OFFICIALS , ARTICLES 73 AND 78 )

2 . OFFICIALS - INVALIDITY PENSION - DETERMINATION OF THE AMOUNT OF THE PENSION UNDER THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS - LAWFULNESS - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 78 PARAGRAPHS 2 AND 3 )

Summary

1 . A COMPARISON OF ARTICLES 73 AND 78 OF THE STAFF REGULATIONS OF OFFICIALS INDICATES THAT THE BENEFITS AVAILABLE UNDER THE TWO PROVISIONS ARE DIFFERENT AND INDEPENDENT OF ONE ANOTHER . THAT VIEW IS CONFIRMED BY ARTICLE 25 OF THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE , WHICH STATES THAT RECOGNITION OF PARTIAL OR EVEN TOTAL PERMANENT INVALIDITY PURSUANT TO THOSE RULES ' ' SHALL IN NO WAY PREJUDICE APPLICATION OF ARTICLE 78 OF THE STAFF REGULATIONS AND VICE VERSA ' ' .

IT THEREFORE FOLLOWS THAT FINDINGS AS TO THE EXISTENCE OF TOTAL PERMANENT INVALIDITY PREVENTING THE OFFICIAL FROM PERFORMING THE DUTIES CORRESPONDING TO A POST IN HIS CAREER BRACKET , WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , AND AS TO THE CAUSE OF SUCH INVALIDITY SHOULD BE MADE IN ACCORDANCE NOT WITH THE INSURANCE RULES BUT WITH THE PROCEDURE LAID DOWN IN THE RULES RELATING TO THE PENSION SCHEME , IN THIS CASE ANNEX VIII TO THE STAFF REGULATIONS .

2 . IT IS FOR THE OFFICIAL TO REQUEST THE BENEFIT OF THE SECOND PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , AND IN THE ABSENCE OF SUCH A REQUEST THE ADMINISTRATION NEED NOT , IN THE COURSE OF THE PROCEDURE FOR RETIREMENT ON THE GROUND OF INVALIDITY , CAUSE TO BE EXAMINED AND DETERMINE , AS A MATTER OF COURSE , THE CAUSE OF THE INVALIDITY .

CONSEQUENTLY , THE ADMINISTRATION CANNOT BE CRITICIZED FOR DETERMINING THE RETIREMENT PENSION OF AN OFFICIAL IN ACCORDANCE WITH THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS , WHERE THE OFFICIAL IN QUESTION DID NOT REQUEST A DECLARATION THAT HIS INVALIDITY HAD BEEN CAUSED BY AN OCCUPATIONAL DISEASE WITHIN THE MEANING OF THE SECOND PARAGRAPH OF THAT ARTICLE .
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Summary



Keywords

1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - POWER OF THE EEC - FAILURE TO EXERCISE THAT POWER DURING THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION - INTERIM POWER OF THE MEMBER STATES - CONDITIONS GOVERNING THE EXERCISE OF THAT POWER

( ACT OF ACCESSION OF 22 JANUARY 1972 , ART . 102 ; THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 )

2 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - POWER OF THE EEC - FAILURE TO EXERCISE THAT POWER DURING THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION - INTERIM POWER OF THE MEMBER STATES - MANAGEMENT AND CONSERVATION MEASURES ADOPTED BY A MEMBER STATE IN CONFORMITY WITH THE PROCEDURE ESTABLISHED BY THE HAGUE RESOLUTION - FIXING OF A TOTAL CATCH-QUOTA ALLOCATED AMONGST CERTAIN MEMBER STATES - MEASURE REQUIRED AND JUSTIFIED BY OBJECTIVE CONSIDERATIONS - PRINCIPLE PROHIBITING DISCRIMINATION - BREACH - ABSENCE - CONDITIONS

( EEC TREATY , ART . 7 ; ACT OF ACCESSION , ART . 102 ; COUNCIL REGULATION ( EEC ) NO 101/76 , ARTS 1 AND 2 ; THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 , ANNEX VI )

Summary

1 . THE PURPOSE OF ARTICLE 102 OF THE ACT OF ACCESSION WAS TO INTRODUCE A NEW TRANSITIONAL PERIOD BY THE END OF WHICH THE COUNCIL WAS TO HAVE ADOPTED THE CONSERVATION MEASURES REQUIRED . DURING THAT PERIOD AND IN SO FAR AS THE COUNCIL HAD NOT EXERCISED THAT POWER , IT WAS FOR THE MEMBER STATES TO ADOPT AS REGARDS THE MARITIME WATERS WITHIN THEIR JURISDICTION THE NECESSARY CONSERVATION MEASURES IN THE COMMON INTEREST AND IN COMPLIANCE WITH THE SUBSTANTIVE AND PROCEDURAL RULES OF COMMUNITY LAW , IN PARTICULAR THOSE CONTAINED IN THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 .

2 . AS LONG AS THE COMMUNITY HAD NOT EXERCISED ITS POWER TO TAKE MEASURES FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA , A MANAGEMENT AND CONSERVATION MEASURE ADOPTED BY A MEMBER STATE DURING THE TRANSITIONAL PERIOD WHICH EXPIRED ON 31 DECEMBER 1978 AND DECIDED UPON IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR BY THE HAGUE RESOLUTION OF THE COUNCIL OF 3 NOVEMBER 1976 , WHICH HAD AS ITS PURPOSE TO FIX A TOTAL CATCH QUOTA , ALLOCATING IT AMONGST CERTAIN MEMBER STATES , CANNOT BE REGARDED AS CONTRARY TO THE PRINCIPLE PROHIBITING DISCRIMINATION , EMBODIED IN ARTICLE 7 OF THE EEC TREATY AND IN ARTICLES 1 AND 2 ( 1 ) OF REGULATION NO 101/76 , IF IT WAS A CONSERVATION MEASURE TAKEN IN RESPONSE TO A NEED ARISING IN THE ZONE CONCERNED AND IF THE MEASURE WAS JUSTIFIED BY OBJECTIVE CONSIDERATIONS RELATING TO THE PROTECTION OF THE NEEDS OF THE COASTAL POPULATION CONCERNED AND TO THE MAINTENANCE OF A SITUATION TEMPORARILY CREATED IN THE AREA IN QUESTION .
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Keywords

1 . FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - NATIONAL TRANSIT CHARGES - IMPERMISSIBILITY - CHARGES WHICH REPRESENT THE COSTS OF TRANSPORTATION OR OF OTHER SERVICES CONNECTED WITH TRANSIT - PERMISSIBILITY

2 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE COMMUNITY - AGREEMENT BETWEEN THE EEC AND THE REPUBLIC OF AUSTRIA ON THE APPLICATION OF THE RULES ON COMMUNITY TRANSIT - TAX TREATMENT OF GOODS IN TRANSIT - NO SPECIFIC COMMITMENT

( AGREEMENTS EEC-AUSTRIA OF 22 JUNE 1972 )

3 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE MEMBER STATES - GATT - PRINCIPLE OF FREEDOM OF TRANSIT - DIRECT EFFECT - NONE - NO EFFECT ON THE COMMUNITY ' S OBLIGATIONS TOWARDS NON-MEMBER STATES WHICH ARE PARTIES TO GATT

Summary

1 . THE EXISTENCE WITHIN THE COMMUNITY OF A CUSTOMS UNION CHARACTERIZED BY THE FREE MOVEMENT OF GOODS IMPLIES FREEDOM OF TRANSIT WITHIN THE COMMUNITY . THAT FREEDOM OF TRANSIT MEANS THAT A MEMBER STATE MAY NOT APPLY TO GOODS IN ITS TERRITORY IN TRANSIT TO OR FROM ANOTHER MEMBER STATE TRANSIT DUTIES OR OTHER CHARGES IMPOSED IN RESPECT OF TRANSIT . HOWEVER , THE IMPOSITION OF CHARGES OR FEES WHICH REPRESENT THE COSTS OF TRANSPORTATION OR OF OTHER SERVICES CONNECTED WITH TRANSIT CANNOT BE REGARDED AS INCOMPATIBLE WITH FREEDOM OF TRANSIT AS DEFINED ABOVE , BEARING IN MIND THAT IT IS NECESSARY TO TAKE ACCOUNT NOT ONLY OF DIRECT AND SPECIFIC SERVICES CONNECTED WITH THE MOVEMENT OF GOODS BUT ALSO OF THE MORE GENERAL BENEFITS DERIVED FROM THE USE OF HARBOUR WATERS OR INSTALLATIONS FOR THE NAVIGABILITY AND MAINTENANCE OF WHICH THE PUBLIC AUTHORITIES ARE RESPONSIBLE .

2 . THE TRANSIT AGREEMENT BETWEEN THE EEC AND AUSTRIA ON THE APPLICATION OF THE RULES ON COMMUNITY TRANSIT DOES NOT CONTAIN ANY SPECIFIC COMMITMENT BETWEEN THE PARTIES IN RELATION TO THE TAX TREATMENT OF GOODS IN TRANSIT .

3 . ARTICLE V OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE , WHICH LAYS DOWN THE PRINCIPLE OF FREEDOM OF TRANSIT THROUGH THE TERRITORY OF EACH CONTRACTING PARTY FOR TRAFFIC IN TRANSIT TO OR FROM THE TERRITORY OF OTHER CONTRACTING PARTIES CANNOT HAVE DIRECT EFFECT IN THE FRAMEWORK OF COMMUNITY LAW AND INDIVIDUALS MAY NOT RELY UPON IT IN ORDER TO CHALLENGE THE IMPOSITION OF A CHARGE SUCH AS THE LOADING AND UNLOADING CHARGE ON GOODS IN TRANSIT TO AUSTRIA . THAT IN NO WAY AFFECTS THE COMMUNITY ' S OBLIGATION TO ENSURE THAT THE PROVISIONS OF GATT ARE OBSERVED IN ITS RELATIONS WITH NON-MEMBER STATES WHICH ARE PARTIES TO GATT .
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Summary



Keywords

1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - INTERNAL TAXATION - PAYMENT FOR SERVICE RENDERED - CONCEPTS - DISTINGUISHING CRITERIA

( EEC TREATY , ARTS 12 , 13 ( 2 ) AND 95 )

2 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - VALUE-ADDED TAX LEVIED WHEN GOODS ARE IMPORTED FROM ANOTHER MEMBER STATE - NATURE OF INTERNAL TAXATION

( EEC TREATY , ARTS 12 , 13 ( 2 ) AND 95 )

3 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - POSTAL CHARGE FOR THE PRESENTATION FOR CUSTOMS CLEARANCE OF POSTAL PARCELS - INCLUSION - CONDITIONS

( EEC TREATY , ARTS 12 AND 13 ( 2 ))

Summary

1 . ANY PECUNIARY CHARGE , WHATEVER ITS DESIGNATION AND MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 12 AND THE SUCCEEDING ARTICLES OF THE TREATY , UNLESS IT RELATES TO A GENERAL SYSTEM OF INTERNAL TAXATION APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA AND AT THE SAME STAGE OF MARKETING TO DOMESTIC AND IMPORTED PRODUCTS ALIKE , IN WHICH CASE THE CHARGE FALLS WITHIN THE FIELD OF APPLICATION OF ARTICLE 95 OF THE TREATY . SUCH A CHARGE IS NOT HOWEVER A CHARGE HAVING EQUIVALENT EFFECT IF IT IS THE CONSIDERATION FOR A SERVICE ACTUALLY RENDERED TO THE IMPORTER OR THE EXPORTER AND IS OF AN AMOUNT COMMENSURATE WITH THAT SERVICE .

2 . THE COLLECTION OF VALUE-ADDED TAX ON GOODS IMPORTED FROM ANOTHER MEMBER STATE DOES NOT CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES . SUCH A TAX IS PART OF THE COMMON SYSTEM OF VALUE-ADDED TAX WHEREBY A UNIFORM TAXATION PROCEDURE HAS BEEN ESTABLISHED COVERING SYSTEMATICALLY AND ACCORDING TO OBJECTIVE CRITERIA BOTH TRANSACTIONS CARRIED OUT WITHIN THE TERRITORY OF THE MEMBER STATES AND IMPORT TRANSACTIONS . THAT TAX MUST THEREFORE BE REGARDED AS AN INTEGRAL PART OF A GENERAL SYSTEM OF INTERNAL TAXATION FOR THE PURPOSES OF ARTICLE 95 OF THE TREATY .

3 . THE PROHIBITION LAID DOWN IN ARTICLE 13 OF THE EEC TREATY IS TO BE INTERPRETED AS EXTENDING TO A POSTAL CHARGE FOR THE PRESENTATION FOR CUSTOMS CLEARANCE OF A POSTAL PARCEL SENT FROM ANOTHER MEMBER STATE , WHICH IS INVOICED TO THE ADDRESSEE IN CONNECTION WITH THE COMPLETION OF TURNOVER TAX FORMALITIES , IF IT CONSTITUTES A PECUNIARY CHARGE IMPOSED UNILATERALLY AND DOES NOT REPRESENT PAYMENT FOR A SERVICE ACTUALLY RENDERED OF AN AMOUNT COMMENSURATE WITH THAT SERVICE .
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Keywords

CARRIAGE OF GOODS - CARRIAGE OF GOODS BY ROAD - TRANSPORT TARIFFS - BRACKET TARIFFS - DETERMINATION IN THE CURRENCIES OF THE MEMBER STATES CONCERNED - VARIATION IN THE RATE OF EXCHANGE - OBLIGATION ON THE PART OF THE MEMBER STATES TO AMEND THE BRACKETS - SCOPE - DISCRETION OF THE MEMBER STATES SUBJECT TO REVIEW BY THE NATIONAL COURTS

( EEC TREATY , ART . 177 ; REGULATION NO 1174/68 OF THE COUNCIL )

Summary

WHEN , UNDER A SYSTEM OF BRACKET TARIFFS SUCH AS THAT ESTABLISHED BY REGULATION NO 1174/68 , TRANSPORT TARIFFS ARE , BY MUTUAL AGREEMENT BETWEEN THE TWO MEMBER STATES DIRECTLY CONCERNED WITH A GIVEN TRANSPORT RELATIONSHIP , FIXED SIMULTANEOUSLY IN THE RESPECTIVE NATIONAL CURRENCIES , AND THERE IS AN ALTERATION IN THE EXCHANGE RATES BETWEEN THEIR CURRENCIES SUCH AS TO AFFECT THE CONDITIONS OF COMPETITION BETWEEN CARRIERS IN A MANNER WHICH IS CONTRARY TO THE AIM OF THE REGULATION , THOSE STATES ARE UNDER AN OBLIGATION TO SEEK A REVISION OF THE TARIFFS IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THAT PURPOSE .

THE SCOPE OF THAT OBLIGATION MUST NEVERTHELESS BE UNDERSTOOD IN THE SENSE THAT THERE CANNOT BE AUTOMATIC ADAPTATION OF THE BRACKETS TO THE VARIATIONS IN EXCHANGE RATES IN A SYSTEM OF FLOATING RATES OF EXCHANGE . TO TAKE ACCOUNT OF THE FREQUENT AND GENERALLY SMALL VARIATIONS WHICH CHARACTERIZE SUCH A SYSTEM WOULD MAKE ANY STABILITY IN TRANSPORT RATES IMPOSSIBLE . THE MEMBER STATES MUST THEREFORE BE RECOGNIZED AS HAVING AN APPROPRIATE DISCRETION IN FULFILLING THEIR OBLIGATION UNDER REGULATION NO 1174/68 TO UNDERTAKE REVISIONS INASMUCH AS REVISION IS NOT REQUIRED EXCEPT WHERE THE CONDITIONS OF COMPETITION ARE APPRECIABLY AFFECTED .

IT IS FOR THE NATIONAL COURT TO ASCERTAIN WHETHER , SUBJECT TO THAT DISCRETION , THE MEMBER STATE CONCERNED HAS SATISFIED THE OBLIGATION TO ADAPT TRANSPORT TARIFFS TO THE VARIATIONS IN EXCHANGE RATES AND TO DRAW THE NECESSARY CONSEQUENCES AS REGARDS THE PROSECUTIONS PENDING BEFORE IT .
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Keywords

1 . QUESTIONS SUBMITTED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - INTERPRETATION OF COMMUNITY LAW ENABLING THE NATIONAL COURT TO ASSESS THE COMPATIBILITY OF NATIONAL PROVISIONS THEREWITH - AVAILABILITY TO THE COMMISSION OF AN ACTION AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS IN RESPECT OF THOSE PROVISIONS - IRRELEVANT

( EEC TREATY , ARTS 169 , 170 AND 177 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 34 )

3 . FREE MOVEMENT OF GOODS - UNDERTAKINGS WITH SPECIAL OR EXCLUSIVE RIGHTS - OBLIGATIONS ON MEMBER STATES

( EEC TREATY , ART . 90 ( 1 ))

4 . COMPETITION - UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST OR HAVING THE CHARACTER OF A REVENUE-PRODUCING MONOPOLY - PROVISIONS OF THE TREATY - DIRECT EFFECT - NONE

( EEC TREATY , ART . 90 ( 2 ))

5 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - DIRECTIVE 75/439 - COLLECTION AND DISPOSAL OF WASTE OILS BY APPROVED UNDERTAKINGS - NATIONAL LEGISLATION PROHIBITING EXPORTS TO AUTHORIZED UNDERTAKINGS OF OTHER MEMBER STATES - NOT PERMISSIBLE

( EEC TREATY , ART . 34 ; COUNCIL DIRECTIVE 75/439 )

Summary

1 . THE FACT THAT ARTICLES 169 AND 170 OF THE TREATY ENABLE THE COMMISSION AND THE MEMBER STATES TO BRING BEFORE THE COURT A STATE WHICH HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY DOES NOT MEAN THAT INDIVIDUALS CANNOT PLEAD THOSE OBLIGATIONS , SHOULD THE OCCASION ARISE , BEFORE A NATIONAL COURT , WHICH MAY REFER THE MATTER TO THIS COURT UNDER ARTICLE 177 OF THE TREATY .

ALTHOUGH IN THE CONTEXT OF PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY THE COURT MAY NOT RULE ON THE COMPATIBILITY OF THE PROVISIONS OF A NATIONAL LAW WITH THE TREATY , IT HAS JURISDICTION TO PROVIDE THE NATIONAL COURT WITH ALL THE CRITERIA OF INTERPRETATION RELATING TO COMMUNITY LAW WHICH MAY ENABLE IT TO ASSESS SUCH COMPATIBILITY .

2 . THE PROHIBITION IN ARTICLE 34 OF THE TREATY CONCERNS ALL NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A SPECIAL ADVANTAGE FOR NATIONAL PRODUCTS OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION .

3 . THE GRANT BY A MEMBER STATE OF AN EXCLUSIVE RIGHT WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE TREATY DOES NOT EXEMPT THE MEMBER STATE FROM THE OBLIGATION TO RESPECT OTHER PROVISIONS OF COMMUNITY LAW , PARTICULARLY THOSE RELATING TO THE FREE MOVEMENT OF GOODS .

4 . ARTICLE 90 ( 2 ) OF THE TREATY CANNOT AT THIS STAGE CREATE INDIVIDUAL RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

5 . THE COMMUNITY RULES ON FREE MOVEMENT OF GOODS AND COUNCIL DIRECTIVE 75/439 ON THE DISPOSAL OF WASTE OILS DO NOT ALLOW A MEMBER STATE TO ORGANIZE A SYSTEM FOR THE COLLECTION AND DISPOSAL OF WASTE OILS WITHIN ITS TERRITORY IN SUCH A WAY AS TO PROHIBIT EXPORTS TO AN AUTHORIZED DISPOSAL OR REGENERATING UNDERTAKING IN ANOTHER MEMBER STATE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY LEGISLATION - FIELD OF APPLICATION RATIONAE MATERIAE - BENEFITS INCLUDED AND BENEFITS EXCLUDED - DISTINCTION

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY LEGISLATION - FIELD OF APPLICATION RATIONAE MATERIAE - SOCIAL AID PENSIONS - INCLUSION - CONDITIONS

( EEC TREATY , ART . 51 ; REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 ( 4 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - RESIDENCE CLAUSES - WAIVER - APPLICATION TO SOCIAL AID PENSIONS WHICH MAY BE ASSIMILATED TO OLD-AGE BENEFITS

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 ( 1 ) ( C ) AND ART . 10 ( 1 ), FIRST SUBPARAGRAPH )

Summary

1 . THE FACT THAT A SOCIAL AID PENSION IS GRANTED UNDER NATIONAL LAW BY WAY OF ASSISTANCE IS NOT IN ITSELF SUFFICIENT TO EXCLUDE THAT BENEFIT , UNDER COMMUNITY LAW , FROM THE FIELD OF APPLICATION RATIONAE MATERIAE OF REGULATION NO 1408/71 , SINCE THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXLUDED FROM THE SCOPE OF THAT REGULATION AND BENEFITS WHICH COME WITHIN IT RESTS ESSENTIALLY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT .

2 . A SOCIAL AID PENSION WHICH , IN THE FIRST PLACE , CONFERS ON RECIPIENTS A LEGALLY DEFINED STATUS WHICH IS NOT CONDITIONAL UPON ANY DISCRETIONARY INDIVIDUAL ASSESSMENT OF THEIR PERSONAL NEEDS OR CIRCUMSTANCES , AND , SECONDLY , MAY BE PAID AS A SUPPLEMENT TO THE INCOME OF RECIPIENTS OF SOCIAL SECURITY BENEFITS , FALLS IN PRINCIPLE WITHIN THE FIELD OF SOCIAL SECURITY REFERRED TO IN ARTICLE 51 OF THE EEC TREATY AND IS NOT EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 BY THE PROVISIONS OF ARTICLE 4 ( 4 ) THEREOF .

3 . A SOCIAL AID PENSION WHICH IS PAID ON THE BASIS OF OBJECTIVE CRITERIA TO ELDERLY NATIONALS IN ORDER TO PROVIDE THEM WITH THE MINIMUM MEANS OF SUBSISTENCE MUST BE ASSIMILATED TO AN OLD-AGE BENEFIT WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( C ) OF REGULATION NO 1408/71 AND IS INCLUDED AMONGST THE BENEFITS REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 1 ) OF THE SAME REGULATION . SINCE THE REGULATION IN QUESTION DOES NOT CONTAIN ANY SPECIFIC PROVISIONS RELATING TO THAT PENSION , THE WAIVER OF RESIDENCE CLAUSES PROVIDED FOR IN ARTICLE 10 ( 1 ) OF THAT REGULATION MUST BE TAKEN TO APPLY TO THE BENEFIT IN QUESTION .
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1 . COMMUNITY LAW - PRINCIPLES - NON-RETROACTIVITY OF REGULATIONS - EXCEPTIONS - CONDITIONS

( EEC TREATY , ART . 191 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - PRODUCTION AID - RETROACTIVELY MADE SUBJECT TO COMPLIANCE WITH A TIME-LIMIT FOR THE FORWARDING OF THE PROCESSING CONTRACTS WHICH COINCIDED WITH THE TIME-LIMIT FIXED FOR THEIR SIGNATURE - PROTECTION OF LEGITIMATE EXPECTATIONS - EQUAL TREATMENT - BREACH OF THOSE PRINCIPLES

( COMMISSION REGULATION NO 2546/80 , ART . 1 )

Summary

1 . WHILST , AS A GENEREAL RULE , IT IS CONTRARY TO THE PRINCIPLE OF LEGAL CERTAINTY FOR A COMMUNITY MEASURE TO SPECIFY A DATE PRIOR TO ITS PUBLICATION AS THE DATE ON WHICH IT IS TO TAKE EFFECT , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

2 . BY RETROACTIVELY SUBJECTING THE PAYMENT OF AID FOR THE PROCESSING OF SWEET CHERRIES TO THE FORWARDING TO THE INTERVENTION AGENCY OF THE CONTRACTS MADE BETWEEN THE PRODUCERS AND THE PROCESSORS BY A DATE WHICH COINCIDED WITH THE TIME-LIMIT FIXED FOR THEIR CONCLUSION , REGULATION NO 2546/80 INFRINGED THE LEGITIMATE EXPECTATIONS OF THE PERSONS CONCERNED , WHO , HAVING REGARD TO THE PROVISIONS IN FORCE AT THE TIME THE CONTRACTS WERE CONCLUDED , COULD NOT REASONABLY HAVE ANTICIPATED THE RETROACTIVE IMPOSITON OF SUCH A TIME-LIMIT FOR FORWARDING THE CONTRACTS .

THE REGULATION IN QUESTION WAS ALSO IN BREACH OF THE PRINCIPLE OF EQUAL TREATMENT AS REGARDS PROCESSORS OF SWEET CHERRIES , WHO , AS A RESULT OF THE REGULATION , ONLY RECEIVED AID BY THE ACCIDENT OF HAVING CONCLUDED THEIR CONTRACTS AT A RELATIVELY EARLY DATE AND HAVING FORWARDED THEM RELATIVELY SWIFTLY .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - EXPORT REFUNDS - ADVANCE FIXING - SUSPENSION - SPECIAL MEASURE WITHIN THE MEANING OF REGULATION NO 2044/75 - APPLICATION TO OUTSTANDING APPLICATIONS FOR ADVANCE FIXING

( REGULATION NO 876/68 OF THE COUNCIL ; REGULATION NO 2044/75 OF THE COMMISSION , ART . 3 ( 3 ))

Summary

ARTICLE 3 ( 3 ) OF REGULATION NO 2044/75 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND THE ADVANCE FIXING OF REFUNDS IN RESPECT OF MILK AND MILK PRODUCTS , WHICH STATES THAT EXPORT CERTIFICATES ARE TO BE ISSUED ON THE FIFTH WORKING DAY FOLLOWING THAT ON WHICH THE APPLICATION IS LODGED UNLESS SPECIAL MEASURES ARE TAKEN IN THE INTERVENING PERIOD , MUST BE INTERPRETED AS MEANING THAT A MEASURE SUSPENDING THE ADVANCE FIXING OF EXPORT REFUNDS , ADOPTED IN CONFORMITY WITH REGULATION NO 876/68 , MUST BE REGARDED AS A ' ' SPECIAL MEASURE ' ' REFERRED TO BY THAT PROVISION .

WHEN SUCH A MEASURE OF SUSPENSION IS ADOPTED BY THE COMMISSION , APPLICATIONS FOR ADVANCE FIXING SUBMITTED PRIOR TO THE PERIOD OF SUSPENSION BUT ON WHICH A DECISION IS TO BE TAKEN DURING THAT PERIOD MUST BE REJECTED IN THE SAME WAY AS APPLICATIONS SUBMITTED DURING THE PERIOD OF SUSPENSION .
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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS - JURISDICTION OF THE NATIONAL COURT - DETERMINATION OF THE EXISTENCE OF A PROHIBITION WHICH IS INCOMPATIBLE WITH COMMUNITY LAW

( EEC TREATY , ART . 177 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - COUNCIL DIRECTIVE 75/439 - SCOPE - RIGHT OF A HOLDER OR AN APPROVED COLLECTOR IN A MEMBER STATE TO DELIVER WASTE OILS TO AN AUTHORIZED DISPOSAL UNDERTAKING IN ANOTHER MEMBER STATE

( EEC TREATY , ART . 34 ; COUNCIL DIRECTIVE 75/439 )

Summary

1 . THE COURT , IN THE CONTEXT OF A REFERENCE FOR A PRELIMINARY RULING , CAN ONLY PROVIDE THE INTERPRETATION OF COMMUNITY LAW WHICH IS REQUESTED OF IT . IT IS FOR THE NATIONAL COURT , WHERE NECESSARY IN THE LIGHT OF INFORMATION FURNISHED BY THE COURT OF JUSTICE , TO DETERMINE WHETHER THE NATIONAL LEGISLATION AT ISSUE CONTAINS A PROHIBITION OF EXPORTS WHICH IS INCOMPATIBLE WITH COMMUNITY LAW .

2 . THE AIMS OF COUNCIL DIRECTIVE 75/439 ON THE DISPOSAL OF WASTE OILS AND THE RULES LAID DOWN BY THE EEC TREATY ON THE FREE MOVEMENT OF GOODS REQUIRE THAT WASTE OILS MAY BE DELIVERED BY EITHER A HOLDER OR AN APPROVED COLLECTOR TO A DISPOSAL UNDERTAKING IN ANOTHER MEMBER STATE WHICH HOLDS A PERMIT IN THAT STATE IN ACCORDANCE WITH ARTICLE 6 OF THE DIRECTIVE .
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Keywords

OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE - DISEASE - EXAMINATION AS TO OCCUPATIONAL ORIGIN - POWERS OF APPOINTING AUTHORITY - CONSULTING A MEDICAL COMMITTEE - REVIEW BY THE COURT - SCOPE AND LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

Summary

IT IS NOT FOR THE COURT TO DECIDE WHETHER OR NOT IN AN INDIVIDUAL CASE AN OFFICIAL HAS BEEN AFFECTED BY AN OCCUPATIONAL DISEASE WITHIN THE MEANING OF ARTICLE 73 OF THE STAFF REGULATIONS . HOWEVER , THE COURT HAS JURISDICTION TO ANNUL ANY DECISION TAKEN BY THE APPOINTING AUTHORITY IN APPLICATION OF THAT PROVISION IF IT IS VITIATED BY ILLEGALITY INASMUCH AS IT IS BASED ON AN IRRELEVANT CONCLUSION REACHED BY A MEDICAL COMMITTEE . THAT WOULD BE THE CASE IF THE MEDICAL COMMITTEE ADOPTED AN ERRONEOUS VIEW OF THE CONCEPT OF ' ' OCCUPATIONAL DISEASE ' ' OR IF ITS REPORT DID NOT ESTABLISH A COMPREHENSIBLE LINK BETWEEN THE MEDICAL FINDINGS WHICH IT CONTAINS AND THE CONCLUSIONS WHICH IT DRAWS .
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COMMON CUSTOMS TARIFF - HEADINGS - SPORTS SHOES WITH OUTER SOLES OF RUBBER AND UPPERS OF TEXTILE FABRIC - CLASSIFICATION UNDER SUBHEADING 64.02 B .

Summary

SPORTS SHOES WITH OUTER SOLES OF RUBBER AND UPPERS ENTIRELY OF TEXTILE FABRIC TO WHICH ARE SEWN ON , AT THE TOECAP , HEEL PIECE , EYELETS AND OUTSIDE AND INSIDE LATERAL SECTIONS , PIECES OF LEATHER WHICH COVER APPROXIMATELY 70 % OF THE TEXTILE FABRIC , ARE OF GREATER VALUE THAN THE TEXTILE FABRIC AND , BECAUSE OF THEIR FUNCTION AS PROTECTION AND SUPPORT AND THE SPECIAL WAY IN WHICH THEY ARE ATTACHED TO THE INNER SOLE , ARE OF VITAL IMPORTANCE IN THE USE OF THE GOODS AS SPORTS SHOES , MUST BE CLASSIFIED UNDER SUBHEADING 64.02 B OF THE COMMON CUSTOMS TARIFF .