ddrg/super_eurlex huggingface dataset:
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1 . COMPETITION - COMMUNITY RULES - APPLICATION - POWERS OF THE COMMISSION - DETERMINATION OF THE SCOPE OF A NATIONAL PATENT - PERMISSIBILITY - CONDITIONS - JUDICIAL REVIEW - LIMITS

( EEC TREATY , ARTS 85 AND 86 ; REGULATION NO 17 )

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PATENT LICENSING AGREEMENTS - CLAUSES RESTRICTING COMPETITION - JUSTIFICATION - PROTECTION OF AN INDUSTRIAL PROPERTY RIGHT - LIMITS - SPECIFIC SUBJECT-MATTER OF PATENT

( EEC TREATY , ART . 85 ( 1 ))

3 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EFFECT ON TRADE BETWEEN MEMBER STATES - ASSESSMENT BASED ON THE AGREEMENT AS A WHOLE AND NOT ON EACH INDIVIDUAL CLAUSE

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . ALTHOUGH THE COMMISSION IS NOT COMPETENT TO DETERMINE THE SCOPE OF A PATENT , IT IS STILL THE CASE THAT IT MAY NOT REFRAIN FROM ALL ACTION WHEN THE SCOPE OF THE PATENT IS RELEVANT FOR THE PURPOSES OF DETERMINING WHETHER THERE HAS BEEN AN INFRINGEMENT OF ARTICLE 85 OR 86 OF THE TREATY . EVEN IN CASES WHERE THE PROTECTION AFFORDED BY A PATENT IS THE SUBJECT OF PROCEEDINGS BEFORE THE NATIONAL COURTS , THE COMMISSION MUST BE ABLE TO EXERCISE ITS POWERS IN ACCORDANCE WITH THE PROVISIONS OF REGULATION NO 17 .

THE FINDINGS OF THE COMMISSION RELATING TO THE SCOPE OF A PATENT DO NOT IN ANY WAY PRE-EMPT THE DETERMINATIONS MADE LATER BY NATIONAL COURTS WITHIN THEIR SPHERES OF JURISDICTION AND ARE SUBJECT TO REVIEW BY THE COURT OF JUSTICE . THAT REVIEW MUST BE LIMITED TO DETERMINING WHETHER , IN THE LIGHT OF THE LEGAL POSITION EXISTING IN THE STATE IN WHICH THE PATENT WAS GRANTED , THE COMMISSION HAS MADE A REASONABLE ASSESSMENT OF THE SCOPE OF THE PATENT .

2 . THE FOLLOWING CLAUSES IN PATENT LICENSING AGREEMENTS DO NOT FALL WITHIN THE SPECIFIC SUBJECT-MATTER OF THE PATENT AND ARE INCOMPATIBLE WITH ARTICLE 85 ( 1 ) OF THE TREATY IN SO FAR AS THEY RESTRICT COMPETITION : QUALITY CONTROLS TO BE EXERCISED BY THE LICENSOR EITHER IN RESPECT OF A PRODUCT NOT COVERED BY THE PATENT OR WITHOUT BEING BASED ON OBJECTIVE CRITERIA LAID DOWN IN ADVANCE , AN OBLIGATION ARBITRARILY PLACED ON THE LICENSEE ONLY TO SELL THE PATENTED PRODUCT IN CONJUNCTION WITH A PRODUCT OUTSIDE THE SCOPE OF THE PATENT , A METHOD OF CALCULATING ROYALTIES INDUCING THE LICENSEE TO REFUSE TO SELL SEPARATELY A PRODUCT NOT COVERED BY THE PATENT , AN OBLIGATION ON THE LICENSEE TO AFFIX A NOTICE OF THE PATENT TO A PRODUCT NOT COVERED BY THE PATENT , A NO-CHALLENGE CLAUSE WITH REGARD TO THE LICENSOR ' S TRADE-MARKS AND PATENTS , AND A CLAUSE PROHIBITING THE LICENSEE FROM MANUFACTURING THE PATENTED PRODUCT IN A COUNTRY WHERE IT HAS NO PATENT PROTECTION .

3 . IN ORDER FOR AN AGREEMENT BETWEEN UNDERTAKINGS TO BE REGARDED AS AFFECTING INTRA-COMMUNITY TRADE WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE TREATY , IT IS NOT NECESSARY FOR EACH INDIVIDUAL CLAUSE TO BE CAPABLE OF AFFECTING SUCH TRADE . ONLY IF THE AGREEMENT AS A WHOLE IS CAPABLE OF AFFECTING TRADE IS IT NECESSARY TO EXAMINE WHICH ARE THE CLAUSES OF THE AGREEMENT WHICH HAVE AS THEIR OBJECT OR EFFECT A RESTRICTION OR DISTORTION OF COMPETITION .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROROGATION OF JURISDICTION - ENTERING AN APPEARANCE WITHOUT CONTESTING THE JURISDICTION OF THE COURT SEISED OF THE PROCEEDINGS - CLAIM FOR A SET-OFF MADE BY THE DEFENDANT - DISPUTE ON THE SUBSTANCE OF THE CASE ENTERED INTO BY THE APPLICANT - APPLICATION OF ARTICLE 18 - CLAUSE CONFERRING JURISDICTION ON ANOTHER COURT - NO EFFECT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS 17 AND 18 )

Summary

THE COURT OF A CONTRACTING STATE BEFORE WHICH THE APPLICANT , WITHOUT RAISING ANY OBJECTION AS TO THE COURT ' S JURISDICTION , ENTERS AN APPEARANCE IN PROCEEDINGS RELATING TO A CLAIM FOR A SET-OFF WHICH IS NOT BASED ON THE SAME CONTRACT OR SUBJECT-MATTER AS THE CLAIMS IN HIS APPLICATION AND IN RESPECT OF WHICH THERE IS A VALID AGREEMENT CONFERRING EXCLUSIVE JURISDICTION ON THE COURTS OF ANOTHER CONTRACTING STATE WITHIN THE MEANING OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS HAS JURISDICTION BY VIRTUE OF ARTICLE 18 OF THAT CONVENTION .
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1 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - SIXTH DIRECTIVE - DOUBLE TAXATION IN INTRA-COMMUNITY TRADE - INCOMPATIBLE WITH ARTICLE 95 OF THE TREATY - ELIMINATION - ROLE DEVOLVING UPON THE COURT PENDING ACTION BY THE COMMUNITY LEGISLATURE

( EEC TREATY , ART . 95 ; COUNCIL DIRECTIVE NO 77/388/EEC , ARTS 2 AND 11 )

2 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - VAT CHARGED ON THE IMPORTATION , FROM ANOTHER MEMBER STATE , OF GOODS SUPPLIED BY A NON-TAXABLE PERSON - METHOD OF CALCULATION

( EEC TREATY , ART . 95 ; COUNCIL DIRECTIVE NO 77/388/EEC )

Summary

1 . THE PRACTICAL APPLICATION OF THE COMMON SYSTEM OF VAT INTRODUCED BY THE SIXTH DIRECTIVE HAS GIVEN RISE TO INSTANCES OF DOUBLE TAXATION IN INTRA-COMMUNITY TRADE . ALTHOUGH IT IS FOR THE COMMUNITY LEGISLATURE TO ESTABLISH A SYSTEM OF COMPLETE COMPETITIVE NEUTRALITY INVOLVING , IN CASES WHERE GOODS ARE SUPPLIED BY ONE PRIVATE PERSON TO ANOTHER PRIVATE PERSON RESIDING IN ANOTHER MEMBER STATE , FULL REMISSION OF TAX ON EXPORTATION , UNTIL SUCH A SYSTEM HAS BEEN ESTABLISHED ARTICLE 95 OF THE TREATY PREVENTS AN IMPORTING MEMBER STATE FROM APPLYING ITS VAT RULES TO IMPORTED GOODS IN A MANNER CONTRARY TO THE PRINCIPLES EMBODIED IN THAT ARTICLE . CONSEQUENTLY , PENDING THE ADOPTION OF A LEGISLATIVE SOLUTION , IN CHARGING VAT ON IMPORTS ACCOUNT MUST BE TAKEN OF THE EFFECT OF ARTICLE 95 OF THE TREATY . IT IS THEREFORE FOR THE COURT TO LAY DOWN GUIDELINES COMPATIBLE WITH ARTICLE 95 OF THE TREATY , CONSISTENT WITH THE GENERAL SCHEME OF THE SIXTH DIRECTIVE AND SUFFICIENTLY SIMPLE TO BE ABLE TO BE APPLIED IN A UNIFORM MANNER THROUGHOUT THE MEMBER STATES .

2 . WHERE A MEMBER STATE CHARGES VAT ON THE IMPORTATION , FROM ANOTHER MEMBER STATE , OF GOODS SUPPLIED BY A PRIVATE PERSON , BUT DOES NOT CHARGE VAT ON THE SUPPLY BY A PRIVATE PERSON OF SIMILAR GOODS WITHIN ITS OWN TERRITORY , THE VAT PAYABLE ON IMPORTATION MUST BE CALCULATED BY TAKING INTO ACCOUNT THE AMOUNT OF VAT PAID IN THE MEMBER STATE OF EXPORTATION THAT IS STILL CONTAINED IN THE VALUE OF THE GOODS AT THE TIME OF IMPORTATION IN SUCH A WAY THAT THAT AMOUNT IS NOT INCLUDED IN THE TAXABLE AMOUNT AND IS IN ADDITION DEDUCTED FROM THE VAT PAYABLE ON IMPORTATION .

THE AMOUNT OF VAT PAID IN THE MEMBER STATE OF EXPORTATION THAT IS STILL CONTAINED IN THE VALUE OF THE GOODS AT THE TIME OF IMPORTATION IS EQUAL :

IN CASES IN WHICH THE VALUE OF THE GOODS HAS DECREASED BETWEEN THE DATE ON WHICH VAT WAS LAST CHARGED IN THE MEMBER STATE OF EXPORTATION AND THE DATE OF IMPORTATION : TO THE AMOUNT OF VAT ACTUALLY PAID IN THE MEMBER STATE OF EXPORTATION , LESS A PERCENTAGE REPRESENTING THE PROPORTION BY WHICH THE GOODS HAVE DEPRECIATED ;

IN CASES IN WHICH THE VALUE OF THE GOODS HAS INCREASED OVER THAT SAME PERIOD : TO THE FULL AMOUNT OF THE VAT ACTUALLY PAID IN THE MEMBER STATE OF EXPORTATION .
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1 . OFFICIALS - PLACE OF ORIGIN - PLACE OF USUAL RESIDENCE PRIOR TO RECRUITMENT - DIFFERENT CONCEPTS - DETERMINATION OF THE PLACE OF ORIGIN - CRITERIA - OFFICIAL ' S CENTRE OF INTERESTS

( STAFF REGULATIONS , ANNEX VII , ARTS . 7 ( 3 ))

2 . OFFICIALS - PLACE OF ORIGIN - CENTRE OF INTERESTS - DETERMINATION - CRITERIA - PERMANENT FAMILY TIES AND INTERESTS

( STAFF REGULATIONS , ANNEX VII , ART . 7 ( 3 ))

Summary

1 . THE EXPRESSION ' PLACE OF ORIGIN ' REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 7 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS IS A TECHNICAL TERM USED TO DETERMINE AN OFFICIAL ' S PECUNIARY RIGHTS SO AS TO AVOID CONFUSION BETWEEN THE OFFICIAL ' S PLACE OF ORIGIN AND THE PLACE WHERE HE WAS PERMANENTLY RESIDENT AND PREVIOUSLY EMPLOYED PRIOR TO HIS RECRUITMENT

ACCORDING TO THE AFORESAID PROVISION , THE OFFICIAL ' S PLACE OF ORIGIN IS DETERMINED WHEN HE TAKES UP HIS APPOINTMENT , ACCOUNT BEING TAKEN OF WHERE HE WAS RECRUITED OR THE CENTRE OF HIS INTERESTS .

THE LATTER CONCEPT IS BASED ON THE GENERAL PRINCIPLE OF THE LAW GOVERNING THE PUBLIC SERVICE TO THE EFFECT THAT IT MUST BE POSSIBLE FOR AN OFFICIAL TO RETAIN HIS PERSONAL LINKS WITH THE PLACE WHERE HIS PRINCIPAL INTERESTS ARE SITUATED , NOTWITHSTANDING HIS ENTRY INTO THE SERVICE AND THE DISTANCE BETWEEN THAT PLACE AND THE PLACE OF EMPLOYMENT .

2 . FOR THE DETERMINATION OF THE OFFICIAL ' S CENTRE OF INTERESTS WITHIN THE MEANING OF ARTICLE 7 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS , THE PLACE WHERE THE MARITAL AND FAMILY RESIDENCE OF THE HUSBAND AND WIFE WAS ACTUALLY SITUATED BEFORE EITHER OR BOTH OF THEM ENTERED THE SERVICE CANNOT BE DISREGARDED AS IT IS EVIDENCE OF THE OFFICIAL ' S MAIN FAMILY TIES . SIMILARLY , ACCOUNT MAY BE TAKEN OF PERMANENT HERITABLE INTERESTS OTHER THAN A RIGHT IN REM RECORDED IN PUBLIC REGISTERS .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - FIXING - DERIVED PRODUCTS - SUM OF THE COMPENSATORY AMOUNTS FOR THE DERIVED PRODUCTS LESS THAN THE COMPENSATORY AMOUNT FOR THE BASIC PRODUCT - NEGLIGIBLE DISPARITY - PERMITTED

( COUNCIL REGULATION NO 974/71 , ART . 4 ( 2 ); COMMISSION REGULATION NO 3013/80 )

Summary

IF , ACCORDING TO ARTICLE 4 ( 2 ) OF REGULATION NO 974/71 , IT IS UNNECESSARY TO FIX MONETARY COMPENSATORY AMOUNTS WHERE SUCH AMOUNTS ARE NEGLIGIBLE IN RELATION TO THE AVERAGE VALUE OF THE PRODUCTS CONCERNED , IT IS EQUALLY UNNECESSARY TO REQUIRE THE MONETARY COMPENSATORY AMOUNTS TO BE ADJUSTED SO AS TO REMOVE A DISPARITY WHICH REPRESENTS A NEGLIGIBLE PROPORTION OF THE MONETARY COMPENSATORY AMOUNTS THEMSELVES AND WHICH A FORTIORI MUST THEREFORE BE NEGLIGIBLE IN RELATION TO THE VALUE OF THE GOODS .

SOME DISPARITY IS OFTEN INEVITABLE , BECAUSE ONE AND THE SAME SECONDARY PRODUCT CAN SOMETIMES BE OBTAINED FROM DIFFERENT MANUFACTURING PROCESSES , RESULTING IN THE MANUFACTURE OF PRODUCTS AND SECONDARY PRODUCTS TO WHICH DIFFERENT MONETARY COMPENSATORY AMOUNTS APPLY . IT FOLLOWS THAT IT IS IMPOSSIBLE , FROM AN ADMINISTRATIVE POINT OF VIEW , TO FIX DIFFERENT MONETARY COMPENSATORY AMOUNTS FOR SUCH A SECONDARY PRODUCT ACCORDING TO THE MANUFACTURING PROCESS BY WHICH IT IS OBTAINED , IN ORDER TO ENSURE THAT IN EACH PROCESS THE MONETARY COMPENSATORY AMOUNT FOR THE BASIC PRODUCT IS IDENTICAL TO THE SUM OF THE MONETARY COMPENSATORY AMOUNTS FOR THE PROCESSED PRODUCTS AND SECONDARY PRODUCTS .

WHERE THERE IS A DISPARITY OF 5.9% , THE MONETARY COMPENSATORY AMOUNT FIXED FOR MAIZE BY REGULATION NO 3013/80 CANNOT BE REGARDED AS CLEARLY IN EXCESS OF THE SUM OF THE MONETARY COMPENSATORY AMOUNTS FIXED FOR THE VARIOUS PRODUCTS OBTAINED BY PROCESSING MAIZE IN A SPECIFIC MANUFACTURING PROCESS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - TRADE WITH NON-MEMBER COUNTRIES - PRODUCTS ORIGINATING IN ACP STATES - REDUCTION OF IMPORT CHARGES - METHOD OF CALCULATION - FIXING OF A SINGLE RATE OF LEVY IN THE EXPORTING ACP STATE - DISCRIMINATION BETWEEN IMPORTERS IN THE COMMUNITY - NONE

( EEC TREATY , ART . 40 ( 3 ), SECOND PARAGRAPH ; REGULATION NO 3328/75 OF THE COUNCIL , ART . 1 ; REGULATION NO 3376/75 OF THE COMMISSION , ART . 4 AND COMMISSION REGULATION NO 932/77 )

Summary

THE METHOD USED BY THE COMMISSION IN REGULATION NO 932/77 FOR CALCULATING THE AMOUNT OF THE REDUCTION OF THE IMPORT CHARGES IN RESPECT OF BEEF AND VEAL ORIGINATING IN THE ACP STATES , WHICH CONSISTED OF EXTENDING TO THE ENTIRE COMMUNITY ( EXCEPT IRELAND AND THE UNITED KINGDOM ) THE FINANCIAL CONDITIONS FOR IMPORTATION APPLICABLE TO THE SOLE MEMBER STATES IN RESPECT OF WHICH A REAL PATTERN OF TRADE WAS KNOWN TO EXIST , WITH THE CONSEQUENCE THAT A SINGLE RATE OF LEVY WAS APPLIED TO THE EXPORTING ACP STATE , WAS ACCEPTABLE .

ALTHOUGH IN CERTAIN CASES IT REDUCED THE PART OF THE LEVY ACTUALLY RETAINED BY THE EXPORTING COUNTRY TO LESS THAN THE 90% PROVIDED FOR BY WAY OF REDUCTION OF THE IMPORT CHARGES BY REGULATION NO 3328/75 OF THE COUNCIL , AND INCREASED CORRESPONDINGLY THE AMOUNT COLLECTED BY THE IMPORTING MEMBER STATE , THAT METHOD LEFT UNALTERED THE TOTAL CHARGE TO WHICH THE IMPORTER WAS LIABLE , WHO COULD IN NO CIRCUMSTANCES BE SUBJECT TO A TOTAL CHARGE , IN THE AMOUNT OF THE LEVY CORRECTED BY THE MONETARY COMPENSATORY AMOUNTS , EXCEEDING THE IMPORT CHARGES PROVIDED FOR IN THE PROVISIONS GOVERNING THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL .

SINCE REGULATION NO 932/77 IN NO WAY MODIFIES THE CONDITIONS OF COMPETITION BETWEEN IMPORTERS IN THE COMMUNITY , IT DOES NOT CONSTITUTE A BREACH OF THE PROHIBITION OF DISCRIMINATION CONTAINED IN ARTICLE 40 OF THE TREATY .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING AN EQUIVALENT EFFECT - PROHIBITION OF SIMULTANEOUS EXPLOITATION OF FILMS IN CINEMAS AND IN VIDEO-CASSETTE FORM - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 30 )

2 . COMMUNITY LAW - PRINCIPLES - FUNDAMENTAL RIGHTS - OBSERVANCE ENSURED BY THE COURT - COMPATIBILITY OF NATIONAL LEGISLATION WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS - ASSESSMENT BY THE COURT - NOT POSSIBLE

Summary

1 . ARTICLE 30 OF THE EEC TREATY DOES NOT APPLY TO NATIONAL LEGISLATION WHICH REGULATES THE DISTRIBUTION OF CINETAMOGRAPHIC WORKS BY IMPOSING AN INTERVAL BETWEEN ONE MODE OF DISTRIBUTING SUCH WORKS AND ANOTHER BY PROHIBITING THEIR SIMULTANEOUS EXPLOITATION IN CINEMAS AND IN VIDEO-CASSETTE FORM FOR A LIMITED PERIOD , PROVIDED THAT THE PROHIBITION APPLIES TO ALL VIDEO-CASSETTES , WHETHER MANUFACTURED IN THE NATIONAL TERRITORY OR IMPORTED , AND ANY BARRIERS TO INTRA-COMMUNITY TRADE TO WHICH ITS IMPLEMENTATION MAY GIVE RISE DO NOT EXCEED WHAT IS NECESSARY FOR ENSURING THAT THE EXPLOITATION IN CINEMAS OF CINEMATOGRAPHIC WORKS OF ALL ORIGINS RETAINS PRIORITY OVER OTHER MEANS OF DISTRIBUTION .

2 . ALTHOUGH IT IS THE DUTY OF THE COURT TO ENSURE OBSERVANCE OF FUNDAMENTAL RIGHTS IN THE FIELD OF COMMUNITY LAW , IT HAS NO POWER TO EXAMINE THE COMPATIBILITY WITH THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF NATIONAL LEGISLATION WHICH CONCERNS AN AREA WITHIN THE REMIT OF THE NATIONAL LEGISLATOR .
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TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - TAXABLE AMOUNT - TRADE-IN OF SECOND-HAND GOODS BY WAY OF PART-PAYMENT - NATIONAL RULES PROVIDING THAT THE VALUE OF THE GOODS TRADED IN IS NOT PART OF THE TAXABLE AMOUNT - PERMISSIBILITY - CONDITIONS

( COUNCIL DIRECTIVE NO 77/388 , ARTS 11 A 1 ( A ) AND 32 )

Summary

A NATIONAL SYSTEM OF VALUE-ADDED TAX WHICH WAS IN EXISTENCE WHEN THE SIXTH DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES ENTERED INTO FORCE AND WHICH , AS REGARDS THE DETERMINATION OF THE TAXABLE AMOUNT IN THE CASE OF THE SUPPLY OF MOVABLE GOODS WHERE SECOND-HAND GOODS ARE TRADED IN , PROVIDES THAT THE VALUE OF THE TRADE-IN IS NOT INCLUDED IN THE CONSIDERATION PAYABLE BY THE PURCHASER , DOES NOT INFRINGE ARTICLE 11 A 1 ( A ) OF THE DIRECTIVE BECAUSE IT IS IN PRINCIPLE COVERED BY ARTICLE 32 OF THE SAME DIRECTIVE , WHICH PENDING THE INTRODUCTION OF A COMMON SYSTEM OF TAXATION OF SECOND-HAND GOODS RE-ESTABLISHING COMPETITIVE NEUTRALITY IN SALES OF SUCH GOODS BETWEEN DIRECT SALES FROM ONE CONSUMER TO ANOTHER AND TRANSACTIONS THROUGH COMMERCIAL CHANNELS , AUTHORIZES MEMBER STATES TO RETAIN NATIONAL SYSTEMS HAVING THE SAME OBJECTIVE . THE OBJECT AND EFFECT OF SUCH A SYSTEM IS TO OFFSET THE RESIDUAL PART OF THE VAT ALREADY BORNE BY THE SECOND-HAND GOODS TRADED IN , SO THAT ON RESALE THOSE GOODS MAY BE SUBJECT TO THE GENERAL SYSTEM OF VAT , AND IS NOT TO EXEMPT FROM TAX PART OF THE CONSIDERATION OBTAINED BY THE TAXABLE PERSON WISHING TO RESELL FOR THE SUPPLY OF THE NEW GOODS .
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1 . COMPETITION - DOMINANT POSITION - POSITION RESULTING FROM PROVISIONS LAID DOWN BY LAW - APPLICATION OF ARTICLE 86 OF THE TREATY

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - ABUSE - CASE WHERE AN UNDERTAKING HOLDING A DOMINANT POSITION RESERVES TO ITSELF AN ACTIVITY WHICH MIGHT BE CARRIED OUT BY ANOTHER UNDERTAKING

( EEC TREATY , ART . 86 )

Summary

1 . ARTICLE 86 OF THE EEC TREATY APPLIES TO AN UNDERTAKING HOLDING A DOMINANT POSITION ON A PARTICULAR MARKET , EVEN WHERE THAT POSITION IS DUE NOT TO THE ACTIVITY OF THE UNDERTAKING ITSELF BUT TO THE FACT THAT BY REASON OF PROVISIONS LAID DOWN BY LAW THERE CAN BE NO COMPETITION OR ONLY VERY LIMITED COMPETITION ON THAT MARKET .

2 . AN ABUSE WITHIN THE MEANING OF ARTICLE 86 IS COMMITTED WHERE , WITHOUT ANY OBJECTIVE NECESSITY , AN UNDERTAKING HOLDING A DOMINANT POSITION ON A PARTICULAR MARKET RESERVES TO ITSELF OR TO AN UNDERTAKING BELONGING TO THE SAME GROUP AN ANCILLARY ACTIVITY WHICH MIGHT BE CARRIED OUT BY ANOTHER UNDERTAKING AS PART OF ITS ACTIVITIES ON A NEIGHBOURING BUT SEPARATE MARKET , WITH THE POSSIBILITY OF ELIMINATING ALL COMPETITION FROM SUCH UNDERTAKING .
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1 . NON-CONTRACTUAL LIABILITY - CONDITIONS - LEGISLATIVE MEASURE INVOLVING CHOICES OF ECONOMIC POLICY - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - PRODUCTS SUBJECT TO INTERVENTION MEASURES - PIGMEAT - METHOD OF CALCULATION - CALCULATION BY REFERENCE TO THE MINIMUM BUYING-IN PRICE DERIVED FROM THE BASIC PRICE - PERMISSIBILITY

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 ( 2 ) ( A ), REGULATION NO 2759/75 OF THE COUNCIL , ART . 4 ( 2 ))

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - IMPORT LEVY AND ' ACCESSION ' COMPENSATORY AMOUNTS - DIFFERENT FUNCTIONS - DIFFERENT METHODS OF CALCULATION - PERMISSIBILITY

( 1972 ACCESSION TREATY , ART . 75 ; REGULATION NO 974/71 OF THE COUNCIL )

Summary

1 . THE COMMUNITY CANNOT INCUR LIABILITY WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY UNLESS A SET OF CONDITIONS IS FULFILLED AS REGARDS THE UNLAWFULNESS OF THE ACTS ALLEGED AGAINST THE INSTITUTIONS , THE FACT OF DAMAGE AND THE EXISTENCE OF A DIRECT LINK IN THE CHAIN OF CAUSALITY BETWEEN THE WRONGFUL ACT AND THE DAMAGE COMPLAINED OF .

THE COMMUNITY DOES NOT INCUR LIABILITY IN THE CASE OF A LEGISLATIVE MEASURE WHICH INVOLVES CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .

2 . SINCE - AS MAY BE SEEN FROM REGULATION NO 2759/75 - PIGMEAT IS A PRODUCT FOR WHICH INTERVENTION MEASURES ARE PRESCRIBED , IT IS COVERED FOR THE PURPOSES OF THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS BY ARTICLE 1 ( 2 ) ( A ) OF REGULATION NO 974/71 AND HENCE COULD BE SUBJECT TO THOSE AMOUNTS AS A BASIC PRODUCT , EVEN THOUGH THE INTERVENTION MEASURES ACTUALLY ADOPTED HAVE BEEN LIMITED TO PRIVATE-STORAGE AID AND HAVE NOT TAKEN THE FORM OF PUBLIC BUYING-IN OPERATIONS . AS THE TRIGGERING OF INTERVENTION MEASURES DEPENDS ON THE DEVELOPMENT OF THE MARKET PRICE BY COMPARISON WITH THE BASIC PRICE , THE LATTER CONSTITUTES AN ESSENTIAL FACTOR FOR THE MANAGEMENT OF THE COMMON ORGANIZATION OF THE MARKET , WITH THE RESULT THAT IT WAS PERMISSIBLE TO DECIDE THAT MONETARY COMPENSATORY AMOUNTS FOR PIGMEAT WERE TO BE CALCULATED FROM A FRACTION OF THAT BASIC PRICE CORRESPONDING TO THE MINIMUM BUYING-IN PRICE LAID DOWN BY REGULATION NO 2759/75 AND , LATER , TO 90% THEREOF .

3 . THE FUNCTION OF MONETARY COMPENSATORY AMOUNTS IS TO COUNTERACT THE DIFFICULTIES WHICH MIGHT ARISE FOR THE PROPER WORKING OF THE COMMON ORGANIZATIONS OF THE MARKET AS A RESULT OF CURRENCY INSTABILITY AND - AS MATTERS NOW STAND - DIVERGENCES BETWEEN THE REPRESENTATIVE RATES USED IN THE COMMON AGRICULTURAL POLICY AND THE CONVERSION RATES ON THE MARKET . SINCE THE OBJECTIVES PURSUED BY IMPORT LEVIES , ON THE ONE HAND , AND ' ACCESSION ' COMPENSATORY AMOUNTS , ON THE OTHER , DO NOT COINCIDE WITH THAT FUNCTION , MONETARY COMPENSATORY AMOUNTS FOR PIGMEAT COULD BE CALCULATED IN A MANNER WHICH DIFFERED FROM THE METHODS ADOPTED FOR CALCULATING THE IMPORT LEVY AND THE ' ACCESSION ' COMPENSATORY AMOUNTS APPLICABLE TO THE SAME PRODUCT .
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1 . AGRICULTURE - MONETARY MEASURES - ADJUSTMENT OF THE REPRESENTATIVE RATES - PURCHASE OF COMMODITIES FROM INTERVENTION AT PRICES FIXED IN ECU - BUYER WHO SUBMITTED HIS APPLICATION PRIOR TO THE ENTRY INTO FORCE OF REGULATION NO 850/81 - COMPETITIVE DISADVANTAGE - WHETHER PERMISSIBLE IN VIEW OF THE INTENTION OF THE COMMUNITY LEGISLATURE

( COUNCIL REGULATION NO 850/81 ; COMMISSION REGULATIONS NO 2173/79 , ART . 5 , AND NO 713/81 )

2.COMMUNITY LAW - PRINCIPLES - PRINCIPLE ALLOWING THE NATIONAL AUTHORITIES NOT TO APPLY A COMMUNITY PROVISION FOR REASONS OF FAIRNESS - NONE - CASE PENDING BEFORE A NATIONAL COURT CONCERNING THE QUESTION WHETHER THE EFFECTS OF THE COMMUNITY RULES ARE INEQUITABLE - REFERENCE FOR A PRELIMINARY RULING

Summary

1 . EVEN WHEN CONSTRUED WITH REGARD TO THE FIFTH RECITAL IN ITS PREAMBLE , COUNCIL REGULATION NO 850/81 ADJUSTING THE EXCHANGE RATES TO BE APPLIED TO AGRICULTURE DOES NOT IMPLY THAT THE COUNCIL INTENDED TO AVOID A SITUATION IN WHICH A BUYER WHO BEFORE THE ADJUSTMENT OF THE GREEN RATES LODGED AN APPLICATION TO PURCHASE A COMMODITY HELD IN INTERVENTION WHOSE PRICE WAS FIXED IN ADVANCE IN ECU HAS TO PAY A HIGHER PRICE IN NATIONAL CURRENCY THAN COMPETITORS WHO SUBMITTED THEIR APPLICATIONS AFTER THE GREEN RATES WERE ADJUSTED .

2.IN COMMUNITY LAW THERE IS NO GENERAL LEGAL PRINCIPLE THAT A COMMUNITY PROVISION THAT IS IN FORCE MAY NOT BE APPLIED BY A NATIONAL AUTHORITY IF IT CAUSES THE PERSON CONCERNED HARDSHIP WHICH THE COMMUNITY LEGISLATURE WOULD CLEARLY HAVE SOUGHT TO AVOID IF IT HAD ENVISAGED THAT EVENTUALITY WHEN ENACTING THAT PROVISION . A NATIONAL COURT WHICH CONSIDERS THAT THERE IS SUCH A CASE OF HARDSHIP IS , HOWEVER , ALWAYS AT LIBERTY TO REFER TO THE COURT FOR A PRELIMINARY RULING ANY QUESTION ON THE INTERPRETATION AND THE VALIDITY OF THE COMMUNITY MEASURE CONCERNED , THE ANSWER TO WHICH IT CONSIDERS NECESSARY TO ENABLE IT TO GIVE JUDGMENT .
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OFFICIALS - RECRUITMENT - APPLICATION OF ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS - STRICT CONDITIONS - POSTS REQUIRING SPECIAL QUALIFICATIONS

( STAFF REGULATIONS OF OFFICIALS , ART . 29 ( 2 ))

Summary

THE SPECIAL RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS MAY , EXCEPT FOR THE RECRUITMENT OF OFFICIALS IN GRADE A 1 OR A 2 , ONLY BE ADOPTED IN EXCEPTIONAL CASES , FOR POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS . EVEN WHEN SUCH QUALIFICATIONS ARE REQUIRED , THAT PROCEDURE MAY ONLY BE APPLIED IN EXCEPTIONAL CIRCUMSTANCES OF SUCH A NATURE AS TO RENDER INAPPROPRIATE THE ORDINARY PROCEDURES LAID DOWN IN ARTICLE 29 ( 1 ).
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PUBLIC CONTRACTS CONCLUDED BY THE EUROPEAN COMMUNITIES - ARBITRATION CLAUSE CONFERRING JURISDICTION ON THE COURT - APPLICATION FOR REIMBURSEMENT OF CERTAIN COSTS INCURRED IN THE PERFORMANCE OF A RESEARCH CONTRACT - INTERPRETATION OF THE CONTRACT

( EEC TREATY , ART . 181 ; COMMISSION REGULATION NO 2935/79 )