ddrg/super_eurlex huggingface dataset:
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COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - SCIENTIFIC MATERIALS - SCIENTIFIC INSTRUMENT - CONCEPT - WIDE INTERPRETATION - MATERIAL CONSTITUTING AN INDISPENSABLE MEANS OF CARRYING OUT PARTICULAR SCIENTIFIC RESEARCH - OBJECT COVERED BY THE TERM ' ' SCIENTIFIC INSTRUMENT ' '

( REGULATION ( EEC ) NO 1798/75 OF THE COUNCIL , ART . 3 ( 1 ))

Summary

SINCE , ACCORDING TO THE FIRST RECITAL IN THE PREAMBLE TO REGULATION NO 1798/75 , IT IS NECESSARY TO ALLOW ' ' BY ALL POSSIBLE MEANS ' ' THE ADMISSION FREE OF CUSTOMS DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS , THE TERM ' ' SCIENTIFIC INSTRUMENT ' ' IN ARTICLE 3 ( 1 ) OF THAT REGULATION CANNOT BE GIVEN A NARROW IN- TERPRETATION BUT MAY , ON THE CONTRARY , INCLUDE MATERIALS MANUFACTURED ON THE BASIS OF SCIENTIFIC DISCOVERIES AND USED NOT AS AN OBJECT BUT AS A MEANS OF SCIENTIFIC RESEARCH .

THE TERM ' ' SCIENTIFIC INSTRUMENT ' ' IN ARTICLE 3 OF THE AFOREMENTIONED REGULATION MUST THEREFORE BE INTERPRETED AS INCLUDING A MATERIAL MADE UP OF PLASTIC BLOCKS AND INTENDED FOR RADIOLOGICAL RESEARCH , INASMUCH AS THE MATERIAL FULFILS AN ESSENTIAL FUNCTION AS AN INDISPENSABLE MEANS OF OBTAINING CERTAIN RESULTS FROM LONG-TERM SCIENTIFIC RESEARCH .
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EUROPEAN COMMUNITIES - OWN RESOURCES - REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES - REGULATION NO 1430/79 - GENERAL PROVISION BASED ON EQUITABLE GROUNDS - SCOPE )

( REGULATION NO 1430/79 , ART . 13 )

Summary

ARTICLE 13 OF REGULATION NO 1430/79 , BY VIRTUE OF WHICH IMPORT DUTIES MAY BE REPAID OR REMITTED IN SPECIAL CIRCUMSTANCES WHERE NO NEGLIGENCE OR DECEPTION IS ATTRIBUTABLE TO THE PERSON CONCERNED , APPEARS , IN THE LIGHT OF THE PREAMBLE TO THE REGULATION , TO BE A GENERAL EQUITABLE PROVISION DESIGNED TO COVER SITUATIONS OTHER THAN THOSE WHICH HAD MOST OFTEN ARISEN IN PRACTICE AND FOR WHICH SPECIAL PROVISION COULD BE MADE WHEN THE REGULATION WAS ADOPTED . SINCE ARTICLES 3 AND 4 OF THE REGULATION IN QUESTION , WHICH ARE APPLICABLE WHERE GOODS HAVE BEEN ERRONEOUSLY ENTERED FOR FREE CIRCULATION , WERE NOT DRAWN UP TO COVER THE PARTICULAR SITUATION OF AN UNDERTAKING WHICH HAS BEEN UNABLE TO BENEFIT FROM THOSE PROVISIONS BECAUSE THE ERROR WAS DISCOVERED ONLY AFTER RE-EXPORTATION OF THE GOODS AND WHICH WAS THUS UNABLE TO COMPLETE THE NECESSARY FORMALITIES TO CORRECT THE ORIGINAL DECLARATION , THERE IS NO REASON IN SUCH A CASE TO EXCLUDE THE POSSIBILITY OF APPLYING ARTICLE 13 .
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1 . OFFICIALS - APPLICATION - PREVIOUS COMPLAINT THROUGH ADMINISTRATIVE CHANNELS - PURPOSE

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - APPLICATION - PREVIOUS COMPLAINT THROUGH ADMINISTRATIVE CHANNELS - IMPLIED DECISION REJECTING A REQUEST - TIME-LIMIT - NOT EXTENDED

( STAFF REGULATIONS , ART . 90 ( 1 ) AND ( 2 ))

3 . OFFICIALS - APPLICATION - PREVIOUS COMPLAINT THROUGH ADMINISTRATIVE CHANNELS - TIME-LIMITS - PUBLIC POLICY

( STAFF REGULATIONS , ARTS 90 AND 91 )

4 . OFFICIALS - EQUAL TREATMENT - EQUALITY BETWEEN MALE AND FEMALE OFFICIALS - FUNDAMENTAL RIGHT - OBSERVANCE ENSURED BY THE COURT - SCOPE

5 . OFFICIALS - PENSIONS - SURVIVOR ' S PENSIONS - DIFFERENT RULES ACCORDING TO THE SEX OF THE SURVIVING SPOUSE - PROVISIONS OF THE STAFF REGULATIONS CONTRARY TO A FUNDAMENTAL RIGHT - INAPPLICABILITY

( STAFF REGULATIONS , ART . 79 ; ANNEX VIII , ART . 23 )

Summary

1 . ALTHOUGH A COMPLAINT THROUGH ADMINISTRATIVE CHANNELS IS AN INDISPENSABLE PRELIMINARY TO BRINGING AN ACTION AGAINST AN ACT ADVERSELY AFFECTING A PERSON TO WHOM THE STAFF REGULATIONS APPLY , IT IS NOT THE FUNCTION OF THAT COMPLAINT TO BIND STRICTLY AND ABSOLUTELY THE JUDICIAL STAGE OF THE PROCEEDINGS , PROVIDED THAT THE CLAIMS SUBMITTED AT THIS LATTER STAGE CHANGE NEITHER THE CAUSE NOR THE OBJECT OF THE COMPLAINT .

2.THE PERIOD OF THREE MONTHS LAID DOWN IN ARTICLE 90 ( 2 ) FOR LODGING A COMPLAINT AGAINST AN IMPLIED DECISION REJECTING A REQUEST IS NOT EXTENDED BY THE SOLE FACT THAT THE REQUEST LODGED UNDER ARTICLE 90 ( 1 ) IS FOLLOWED BY INTERVIEWS OR CORRESPONDENCE WHICH DOES NOT PROVIDE A REPLY TO THE REQUEST , UNLESS IT IS SHOWN THAT THE FAILURE TO COMPLY WITH THE TIME-LIMIT CAN BE IMPUTED TO THE ADMINISTRATION . NOR DOES TIME START TO RUN AGAIN AS A RESULT OF A LATER EXPRESS DECISION DOING NO MORE THAN REJECTING THE REQUEST .

3.ARTICLES 90 AND 91 OF THE STAFF REGULATIONS GOVERN GENERALLY THE ADMINISTRATIVE PROCEDURE WHICH MUST PRECEDE AN APPLICATION TO THE COURT CHALLENGING A DECISION OF THE APPOINTING AUTHORITY . THE TIME-LIMITS PRESCRIBED BY THESE ARTICLES ARE MANDATORY IN NATURE AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT .

4.THE PRINCIPLE OF EQUAL TREATMENT OF BOTH SEXES , WHICH FORMS PART OF THE FUNDAMENTAL RIGHTS THE OBSERVANCE OF WHICH THE COURT HAS A DUTY TO ENSURE , MUST BE APPLIED TO MEN AND WOMEN EMPLOYED BY THE COMMUNITY ITSELF WITHIN THE FRAMEWORK OF THE STAFF REGULATIONS . IN RELATIONS BETWEEN THE COMMUNITY INSTITUTIONS , ON THE ONE HAND , AND THEIR EMPLOYEES AND THE DEPENDANTS OF EMPLOYEES , ON THE OTHER , THE REQUIREMENTS IMPOSED BY THE PRINCIPLE OF EQUAL TREATMENT ARE IN NO WAY LIMITED TO THOSE RESULTING FROM ARTICLE 119 OF THE EEC TREATY OR FROM THE COMMUNITY DIRECTIVES ADOPTED IN THIS FIELD .

5.ARTICLE 79 OF THE STAFF REGULATIONS AND ARTICLE 23 OF ANNEX VIII THERETO PROVIDE FOR TWO COMPLETELY DIFFERENT SURVIVOR ' S PENSION SCHEMES ACCORDING TO WHETHER THE DECEASED OFFICIAL WAS MALE OR FEMALE . THOSE PROVISIONS ARE CONTRARY TO A FUNDAMENTAL RIGHT AND THEREFORE INAPPLICABLE IN SO FAR AS THEY TREAT SURVIVING SPOUSES OF OFFICIALS DIFFERENTLY ACCORDING TO THE SEX OF THE PERSONS CONCERNED .
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1 . ACTION FOR ANNULMENT - ACTION BROUGHT BY AN ASSOCIATION OF UNDERTAKINGS AGAINST GENERAL ECSC DECISIONS - INTEREST IN BRINGING PROCEEDINGS - CONDITIONS

( ECSC TREATY , ART . 33 , SECOND PARA ., AND ART . 48 )

2 . OBJECTION OF ILLEGALITY - MEASURES AGAINST WHICH AN OBJECTION OF ILLEGALITY MAY BE RAISED - PROVISIONS OF GENERAL ECSC DECISIONS - PROVISIONS FORMING THE BASIS OF THE CONTESTED INDIVIDUAL DECISION

( ECSC TREATY , ART . 36 , THIRD PARA .)

3 . ECSC - INSTITUTIONS - COMMISSION - POWERS - LIMITS

( ECSC TREATY , ART . 8 ; TITLE III )

4 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - APPLICATION TO ALL UNDERTAKINGS OF UNIFORM ABATEMENT RATES - GENERAL INCREASE OF QUOTAS FOR A GROUP OF UNDERTAKINGS - PROCEDURE TO BE FOLLOWED

( ECSC TREATY , ART . 58 ; DECISIONS NOS 2794/80 , 1831/81 , 533/82 , 1696/82 AND 1698/82 )

Summary

1 . WHERE AN ACTION FOR A DECLARATION THAT GENERAL ECSC DECISIONS ARE VOID IS BROUGHT BY AN ASSOCIATION OF UNDERTAKINGS MEETING THE CONDITIONS LAID DOWN BY THE SECOND PARAGRAPH OF ARTICLE 33 AND ARTICLE 48 OF THE ECSC TREATY , THAT ASSOCIATION ' S INTEREST IN BRINGING PROCEEDINGS MUST BE ACCEPTED IF IT HAS ALLEGED A MISUSE OF POWERS AFFECTING ONE OR MORE OF ITS MEMBERS AND ADDUCES RELEVANT ARGUMENTS TO SUBSTANTIATE THE ALLEGED MISUSE OF POWERS .

2.ALTHOUGH IN AN ACTION FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID THE APPLICANT UNDERTAKING MAY ALLEGE THAT CERTAIN PROVISIONS OF THE GENERAL DECISIONS WHICH THE CONTESTED DECISION IMPLEMENTS ARE ILLEGAL , IT MAY DO SO ONLY IF THE INDIVIDUAL DECISION IS BASED ON THE RULES ALLEGED TO BE ILLEGAL .

3.THE POWERS CONFERRED ON THE COMMISSION BY THE ECSC TREATY ARE LIMITED BY THE SPECIFIC PROVISIONS SET OUT IN TITLE III OF THE TREATY . SUCH POWERS WOULD BE DIVERTED FROM THEIR LAWFUL PURPOSE IF IT APPEARED THAT THE COMMISSION HAD MADE USE OF THEM WITH THE EXCLUSIVE , OR AT ANY RATE THE MAIN , PURPOSE OF EVADING A PROCEDURE SPECIFICALLY PRESCRIBED BY THE TREATY FOR DEALING WITH THE CIRCUMSTANCES WITH WHICH IT IS REQUIRED TO COPE .

4.SINCE THE QUOTA SYSTEM INTRODUCED BY DECISIONS NO 2794/80 , NO 1831/81 AND NO 1696/82 WAS BASED ON THE APPLICATION TO ALL UNDERTAKINGS OF UNIFORM ABATEMENT RATES FOR EACH CATEGORY OF PRODUCTS SUBJECT TO IT - UNLESS THE INDIVIDUAL SITUATION OF THE UNDERTAKING IN QUESTION JUSTIFIED AN EXCEPTION , THE COMMISSION MAY DECIDE UPON A GENERAL INCREASE OF THE QUOTAS FOR A WHOLE GROUP OF UNDERTAKINGS CHARACTERIZED BY THEIR STRUCTURE ONLY AFTER FOLLOWING THE PROCEDURE LAID DOWN IN ARTICLE 58 OF THE TREATY , THAT IS TO SAY AFTER CONSULTING THE CONSULTATIVE COMMITTEE AND OBTAINING THE ASSENT OF THE COUNCIL .
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1 . COMPETITION - AGREEMENTS - EFFECT ON TRADE BETWEEN MEMBER STATES - AGREEMENT COVERING THE MARKET OF ONLY ONE MEMBER STATE BUT CONCERNING A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE

( EEC TREATY , ART . 85 ( 1 ))

2.COMPETITION - FINES - PROHIBITION ON THE IMPOSITION OF FINES IN RESPECT OF ACTS COVERED BY AGREEMENTS WHICH HAVE BEEN NOTIFIED - AGREEMENT EXEMPT FROM NOTIFICATION AND NOT NOTIFIED - NOT APPLICABLE

( REGULATION NO 17 , ART . 4 ( 2 ) AND 15 ( 5 ) ( A ))

3.MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - EXTENT - DECISION APPLYING COMPETITION RULES

( EEC TREATY , ART . 190 )

Summary

1 . EVEN WHERE THERE IS NO PARTITIONING OF MARKETS AN AGREEMENT CONCLUDED BETWEEN UNDERTAKINGS ESTABLISHED IN A MEMBER STATE AND COVERING ONLY THE MARKET OF THAT STATE AFFECTS TRADE BETWEEN MEMBER STATES , WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY , IF IT CONCERNS , EVEN PARTLY , A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE , EVEN WHERE THE PARTIES TO THE AGREEMENT OBTAIN THE PRODUCT FROM A COMPANY BELONGING TO THEIR OWN GROUP .

2.THE PROHIBITION ON THE IMPOSITION OF FINES LAID DOWN IN ARTICLE 15 ( 5 ) ( A ) OF REGULATION NO 17 APPLIES ONLY IN RESPECT OF AGREEMENTS WHICH HAVE IN FACT BEEN NOTIFIED . IT FOLLOWS THAT EVEN WHERE AN AGREEMENT IS COVERED BY ARTICLE 4 ( 2 ) OF REGULATION NO 17 , UNDER WHICH CERTAIN AGREEMENTS WHICH MEET THE CONDITIONS LAID DOWN THEREIN MAY OBTAIN THE BENEFIT OF AN EXEMPTION WITHOUT HAVING BEEN NOTIFIED , THE COMMISSION MAY IMPOSE FINES ON UNDERTAKINGS WHICH TAKE PART IN IT IN SO FAR AS THE AGREEMENT HAS NOT BEEN NOTIFIED .

3.ALTHOUGH UNDER ARTICLE 190 OF THE TREATY THE COMMISSION IS OBLIGED TO STATE THE REASONS ON WHICH ITS DECISIONS ARE BASED , MENTIONING THE FACTUAL AND LEGAL ELEMENTS WHICH PROVIDE THE BASIS FOR THE MEASURE AND THE CONSIDERATIONS WHICH HAVE LED IT TO ADOPT ITS DECISION , IT IS NOT REQUIRED TO DISCUSS ALL THE ISSUES OF FACT AND LAW RAISED BY EVERY PARTY DURING THE ADMINISTRATIVE PROCEEDINGS .
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1 . OFFICIALS - SCIENTIFIC AND TECHNICAL STAFF - RESEARCH OFFICIALS - PUBLICATION OF PAPERS - COMPATIBILITY WITH THE INTERESTS OF THE COMMUNITY - DISCRETION OF THE COMPETENT AUTHORITY - SCOPE

( STAFF REGULATIONS , ARTS 17 AND 94 )

2 . OFFICIALS - RIGHTS AND OBLIGATIONS - OFFICIAL PARTICIPATION IN SCIENTIFIC MEETINGS - PERMISSION FROM THE SUPERIOR - DISCRETION

3 . OFFICIALS - ACTS ADVERSELY AFFECTING THEM - CONCEPT - MEASURE RELATING TO INTERNAL ORGANIZATION - EXCLUSION - DISCRETION OF ADMINISTRATION - LIMITS - POSITION OF THOSE CONCERNED UNDER THE STAFF REGULATIONS - PRINCIPLE THAT AN OFFICIAL ' S POST SHOULD CORRESPOND TO HIS GRADE

( STAFF REGULATIONS , ART . 25 )

Summary

1 . THE COMPETENT AUTHORITY IS ENTITLED TO TAKE INTO ACCOUNT ALL ASPECTS OF A COMMUNICATION OR DOCUMENT PREPARED BY AN OFFICIAL FOR PUBLICATION WHICH IS CONCERNED WITH THE WORK OF A COMMUNITY INSTITUTION IN ORDER TO DETERMINE WHETHER ITS PUBLICATION IS COMPATIBLE WITH THE INTERESTS OF THE COMMUNITY . IN PARTICULAR IN THE CASE OF A RESEARCH ESTABLISHMENT SUCH AS THE CENTRE , THE COMPETENT AUTHORITY IS ENTITLED TO ASSESS THE SCIENTIFIC VALUE OF WORK IN ORDER TO DETERMINE THE EFFECT OF ITS PUBLICATION ON THE SCIENTIFIC REPUTATION OF THE ESTABLISHMENT .

2.IT IS FOR THE SUPERIOR AUTHORITY ALONE TO DECIDE , IN COMPLETE FREEDOM , WHETHER IT IS APPROPRIATE TO ALLOW STAFF TO PARTICIPATE , IN THEIR OFFICIAL CAPACITY , IN SCIENTIFIC MEETINGS .

3.IT IS NOT POSSIBLE TO REGARD AS A MEASURE ADVERSELY AFFECTING AN OFFICIAL , WITHIN THE MEANING OF ARTICLE 25 OF THE STAFF REGULATIONS , AND AS SUCH SUBJECT TO THE REQUIREMENT THAT THE ADMINISTRATIVE AUTHORITY SHOULD STATE THE GROUNDS ON WHICH IT IS BASED , A MEASURE RELATING TO INTERNAL ORGANIZATION WHICH IS NOT OF SUCH A NATURE AS TO AFFECT THE OFFICIAL ' S POSITION UNDER THE STAFF REGULATIONS OR TO INFRINGE THE PRINCIPLE THAT THE POST TO WHICH HE IS ASSIGNED SHOULD CORRESPOND TO HIS GRADE .

IT IS PART OF THE NORMAL EXERCISE OF AUTHORITY WITHIN AN ADMINISTRATION FOR A SUPERIOR TO ASSIGN , IN CONFORMITY WITH THE ABOVEMENTIONED PRINCIPLE , DUTIES TO OFFICIALS ON THE BASIS OF THEIR PARTICULAR APTITUDES ; MEASURES ADOPTED FOR THAT PURPOSE REQUIRE NO SPECIAL JUSTIFICATION .
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COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - SCIENTIFIC INSTRUMENTS AND APPARATUS - CONCEPT - DEFINITION - CRITERIA - RECEPTACLES INTENDED FOR THE PRESERVATION OR CULTIVATION OF THE MATTER ON WHICH RESEARCH IS CONDUCTED - EXCLUSION

( REGULATION NO 1798/75 OF THE COUNCIL , ART . 3 ( 1 ))

Summary

THE EXEMPTION FROM CUSTOMS DUTY PROVIDED FOR IN ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 FOR SCIENTIFIC INSTRUMENTS AND APPARATUS CAN BE GRANTED ONLY IN RELATION TO ITEMS WHICH , BY VIRTUE OF THEIR PARTICULAR TECHNICAL STRUCTURE AND FUNCTIONING , THEMSELVES SERVE DIRECTLY AS A MEANS OF SCIENTIFIC RESEARCH . AN ITEM WHICH IS USED NOT AS A MEANS BUT ONLY AS AN OBJECT OF SCIENTIFIC RESEARCH CANNOT BE DESCRIBED AS A SCIENTIFIC INSTRUMENT OR APPARATUS ; INDEED , WHERE RESEARCH IS CARRIED OUT NOT BY MEANS OF THAT ITEM BUT ON IT , THE ITEM PLAYS ONLY A PURELY PASSIVE ROLE IN THE RESEARCH PROCESS .

A FORTIORI , RECEPTACLES WHICH ARE USED ONLY TO PRESERVE , STORE OR CULTIVATE A SUBSTANCE ON WHICH RESEARCH IS CARRIED OUT CANNOT BE DESCRIBED AS SCIENTIFIC INSTRUMENTS OR APPARATUS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - POULTRYMEAT - QUALITY AND MARKETING STANDARDS - ABSENCE OF COMMUNITY STANDARDS - APPLICATION OF NATIONAL RULES - PERMISSIBILITY - CONDITIONS - DUTIES OF THE COMMISSION

( EEC TREATY , ART . 155 ; COUNCIL REGULATION NO 2777/75 , ART . 2 )

Summary

ARTICLE 2 OF REGULATION ( EEC ) NO 2777/75 MUST BE INTERPRETED AS MEANING THAT , IN A SITUATION CHARACTERIZED BY THE ABSENCE OF THE IMPLEMENTING MEASURES PROVIDED FOR BY THAT REGULATION , NATIONAL PROVISIONS LAYING DOWN MARKETING AND QUALITY STANDARDS FOR SLAUGHTERED POULTRY AND ENFORCEABLE BY DISCIPLINARY MEASURES ARE COMPATIBLE WITH IT , PROVIDED THAT THEY ARE COMPATIBLE WITH THE AIM OF THE COMMON ORGANIZATION OF THE MARKET AND APPLIED IN SUCH A WAY THAT IMPORTS OF POULTRYMEAT LAWFULLY PRODUCED AND MARKETED IN ACCORDANCE WITH THE MARKETING AND QUALITY STANDARDS IN FORCE IN THE OTHER MEMBER STATES ARE NOT RESTRICTED .

HOWEVER , IF FREE TRADE IS RESTRICTED BY THE DIFFERENCES BETWEEN THE NATIONAL RULES OR THE ABSENCE OF MEASURES FOR ENSURING APPROPRIATE QUALITY CONTROL LEADS TO ECONOMIC DISTURBANCES IN THE MARKET SECTOR IN QUESTION , THE COUNCIL ' S FAILURE TO ACT CANNOT DISCHARGE THE COMMISSION FROM ITS DUTY TO TAKE THE NECESSARY STEPS , USING ITS POWERS UNDER ARTICLE 155 OF THE TREATY , TO ENSURE THAT THE PRODUCTS COVERED BY THE ORGANIZATION OF THE MARKET CAN MOVE FREELY WITHIN THE COMMUNITY UNDER CONDITIONS CONSISTENT WITH THE AIMS OF THAT ORGANIZATION .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - EXTENT - MEASURES HAVING GENERAL APPLICATION

( EEC TREATY , ART . 190 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - TREATY PROVISIONS - INTENDED ADDRESSEES

( EEC TREATY ARTS 30 TO 36 )

3 . APPROXIMATION OF LAWS - POWERS CONFERRED ON COMMUNITY INSTITUTIONS - DISCRETION - CONTROL OF HARMFUL ORGANISMS OF PLANTS - INSPECTION BY SAMPLING - FIXING OF FREQUENCY OF INSPECTION AT ONE-THIRD OF IMPORTS - PERMISSIBILITY

( EEC TREATY ARTS 43 AND 100 ; COUNCIL DIRECTIVE NO 77/93 , ART . 11 ( 3 ))

Summary

1 . THE EXTENT OF THE DUTY TO PROVIDE A STATEMENT OF REASONS PRESCRIBED IN ARTICLE 190 OF THE TREATY DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION . WITH REGARD TO MEASURES HAVING GENERAL APPLICATION THE REQUIREMENTS OF ARTICLE 190 ARE SATISFIED IF THE STATEMENT OF REASONS GIVEN EXPLAINS IN ESSENCE THE MEASURES LAID DOWN AND A SPECIFIC STATEMENT OF REASONS IN SUPPORT OF ALL THE DETAILS WHICH MIGHT BE CONTAINED IN SUCH A MEASURE CANNOT BE REQUIRED , PROVIDED THAT SUCH DETAILS FALL WITHIN THE GENERAL SCHEME OF THE MEASURES AS A WHOLE .

2.ALTHOUGH IT IS TRUE THAT ARTICLES 30 TO 36 OF THE TREATY APPLY PRIMARILY TO UNILATERAL MEASURES ADOPTED BY THE MEMBER STATES , NEVERTHELESS THE COMMUNITY INSTITUTIONS THEMSELVES MUST ALSO HAVE DUE REGARD TO FREEDOM OF TRADE WITHIN THE COMMUNITY , WHICH IS A FUNDAMENTAL PRINCIPLE OF THE COMMON MARKET .

3.IT MUST BE RECOGNIZED THAT IN THE EXERCISE OF THE POWERS CONFERRED ON THEM BY ARTICLES 43 AND 100 OF THE TREATY , THE COMMUNITY INSTITUTIONS HAVE A DISCRETION IN PARTICULAR WITH REGARD TO THE POSSIBILITY OF PROCEEDING TOWARDS HARMONIZATION ONLY IN STAGES AND OF REQUIRING ONLY THE GRADUAL ABOLITION OF UNILATERAL MEASURES ADOPTED BY THE MEMBER STATES . IN VIEW OF THE PARTICULAR NATURE OF THE CONTROL OF HARMFUL ORGANISMS OF PLANTS AND IN VIEW OF THE VERY INCOMPLETE NATURE OF THE HARMONIZATION EFFECTED THEREBY , THE COUNCIL , BY PERMITTING INSPECTION BY SAMPLING OF UP TO ONE-THIRD OF CONSIGNMENTS , HAS NOT EXCEEDED THE LIMITS OF ITS DISCRETIONARY POWER .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - JURISDICTION AGREEMENT - JURISDICTION CLAUSE IN A BILL OF LADING - VALIDITY - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 17 )

Summary

A JURISDICTION CLAUSE CONTAINED IN THE PRINTED CONDITIONS ON A BILL OF LADING SATISFIES THE CONDITIONS LAID DOWN BY ARTICLE 17 OF THE CONVENTION :

IF THE AGREEMENT OF BOTH PARTIES TO THE CONDITIONS CONTAINING THAT CLAUSE HAS BEEN EXPRESSED IN WRITING ; OR

IF THE JURISDICTION CLAUSE HAS BEEN THE SUBJECT-MATTER OF A PRIOR ORAL AGREEMENT BETWEEN THE PARTIES EXPRESSLY RELATING TO THAT CLAUSE , IN WHICH CASE THE BILL OF LADING , SIGNED BY THE CARRIER , MUST BE REGARDED AS CONFIRMATION IN WRITING OF THE ORAL AGREEMENT ; OR

IF THE BILL OF LADING COMES WITHIN THE FRAMEWORK OF A CONTINUING BUSINESS RELATIONSHIP BETWEEN THE PARTIES , IN SO FAR AS IT IS THEREBY ESTABLISHED THAT THE RELATIONSHIP IS GOVERNED BY GENERAL CONDITIONS CONTAINING THE JURISDICTION CLAUSE .

AS REGARDS THE RELATIONSHIP BETWEEN THE CARRIER AND A THIRD PARTY HOLDING THE BILL OF LADING , THE CONDITIONS LAID DOWN BY ARTICLE 17 OF THE CONVENTION ARE SATISFIED IF THE JURISDICTION CLAUSE HAS BEEN ADJUDGED VALID AS BETWEEN THE CARRIER AND THE SHIPPER AND IF , BY VIRTUE OF THE RELEVANT NATIONAL LAW , THE THIRD PARTY , UPON ACQUIRING THE BILL OF LADING , SUCCEEDED TO THE SHIPPER ' S RIGHTS AND OBLIGATIONS .
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OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENTS AND OCCUPATIONAL DISEASES - INVALIDITY - INITIATION OF THE PROCEDURE TO ESTABLISH INVALIDITY - CONDITIONS

( STAFF REGULATIONS , ART . 78 ; ANNEX VIII , ART . 13 )

Summary

UNDER ARTICLE 13 OF ANNEX VIII WHICH LAYS DOWN , IN ACCORDANCE WITH ARTICLE 78 OF THE STAFF REGULATIONS , THE CONDITIONS ON WHICH AN OFFICIAL IS ENTITLED TO AN INVALIDITY PENSION , THE PROCEDURE TO ESTABLISH INVALIDITY MAY BE INITIATED ONLY IN RELATION TO AN OFFICIAL WHO IS OBLIGED TO END HIS SERVICE WITH THE COMMUNITIES BECAUSE HE IS SUFFERING FROM AN INVALIDITY PREVENTING HIM FROM PERFORMING HIS DUTIES .

IT FOLLOWS THAT AN OFFICIAL WHO HAS LEFT THE SERVICE SEVERAL YEARS AGO AND WHO SUFFERS FROM AN ILLNESS WHICH WOULD RENDER HIM INCAPABLE OF PERFORMING HIS DUTIES IF HE WERE STILL IN ACTIVE EMPLOYMENT IS NOT ENTITLED TO REQUEST , ON THAT GROUND ALONE , THE INITIATION OF THE PROCEDURE TO ESTABLISH INVALIDITY .
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SOCIAL POLICY - MALE AND FEMALE WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE 76/207 - PURPOSE - PROTECTION OF WOMEN IN RELATION TO PREGNANCY AND MATERNITY - SCOPE - DISCRETION OF MEMBER STATES - ADDITIONAL MATERNITY LEAVE GRANTED TO THE MOTHER - GRANT OF SUCH LEAVE TO THE FATHER - DUTY OF MEMBER STATES - NONE

( COUNCIL DIRECTIVE 76/207 , ARTS 1 , 2 ( 3 ) AND ( 4 ), AND 5 ( 1 ))

Summary

1 . DIRECTIVE 76/207 IS NOT DESIGNED TO SETTLE QUESTIONS CONCERNING THE ORGANIZATION OF THE FAMILY , OR TO ALTER THE DIVISION OF RESPONSABILITY BETWEEN PARENTS .

2.BY RESERVING TO MEMBER STATES THE RIGHT TO RETAIN OR INTRODUCE PROVISIONS WHICH ARE INTENDED TO PROTECT WOMEN IN CONNECTION WITH ' ' PREGNANCY AND MATERNITY ' ' , DIRECTIVE 76/207 RECOGNIZES THE LEGITIMACY , IN TERMS OF THE PRINCIPLE OF EQUAL TREATMENT , OF PROTECTING A WOMAN ' S NEEDS IN TWO RESPECTS . FIRST , IT IS LEGITIMATE TO ENSURE THE PROTECTION OF A WOMAN ' S BIOLOGICAL CONDITION DURING PREGNANCY AND THEREAFTER UNTIL SUCH TIME AS HER PHYSIOLOGICAL AND MENTAL FUNCTIONS HAVE RETURNED TO NORMAL AFTER CHILDBIRTH ; SECONDLY , IT IS LEGITIMATE TO PROTECT THE SPECIAL RELATIONSHIP BETWEEN A WOMAN AND HER CHILD OVER THE PERIOD WHICH FOLLOWS PREGNANCY AND CHILDBIRTH , BY PREVENTING THAT RELATIONSHIP FROM BEING DISTURBED BY THE MULTIPLE BURDENS WHICH WOULD RESULT FROM THE SIMULTANEOUS PURSUIT OF EMPLOYMENT .

3.MATERNITY LEAVE GRANTED TO A WOMAN ON EXPIRY OF THE STATUTORY PROTECTIVE PERIOD FALLS WITHIN THE SCOPE OF ARTICLE 2 ( 3 ) OF DIRECTIVE 76/207 , INASMUCH AS IT SEEKS TO PROTECT A WOMAN IN CONNECTION WITH THE EFFECTS OF PREGNANCY AND MOTHERHOOD . THAT BEING SO , SUCH LEAVE MAY LEGITIMATELY BE RESERVED TO THE MOTHER TO THE EXCLUSION OF ANY OTHER PERSON , IN VIEW OF THE FACT THAT IT IS ONLY THE MOTHER WHO MAY FIND HERSELF SUBJECT TO UNDESIRABLE PRESSURES TO RETURN TO WORK PREMATURELY .

4.DIRECTIVE 76/207 LEAVES MEMBER STATES WITH A DISCRETION AS TO THE SOCIAL MEASURES WHICH THEY ADOPT IN ORDER TO GUARANTEE , WITHIN THE FRAMEWORK LAID DOWN BY THE DIRECTIVE , THE PROTECTION OF WOMEN IN CONNECTION WITH PREGNANCY AND MATERNITY AND TO OFFSET THE DISADVANTAGES WHICH WOMEN , BY COMPARISON WITH MEN , SUFFER WITH REGARD TO THE RETENTION OF EMPLOYMENT . SUCH MEASURES ARE CLOSELY LINKED TO THE GENERAL SYSTEM OF SOCIAL PROTECTION IN THE VARIOUS MEMBER STATES . THE MEMBER STATES THEREFORE ENJOY A REASONABLE MARGIN OF DISCRETION AS REGARDS BOTH THE NATURE OF THE PROTECTIVE MEASURES AND THE DETAILED ARRANGEMENTS FOR THEIR IMPLEMENTATION .

5.ARTICLES 1 , 2 AND 5 ( 1 ) OF DIRECTIVE 76/207 MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE MAY , AFTER THE PROTECTIVE PERIOD HAS EXPIRED , GRANT TO MOTHERS A PERIOD OF MATERNITY LEAVE WHICH THE STATE ENCOURAGES THEM TO TAKE BY THE PAYMENT OF AN ALLOWANCE . THE DIRECTIVE DOES NOT IMPOSE ON MEMBER STATES A REQUIREMENT THAT THEY SHALL , AS AN ALTERNATIVE , ALLOW SUCH LEAVE TO BE GRANTED TO FATHERS , EVEN WHERE THE PARENTS SO DECIDE .
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1 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - OBJECT - CONDITIONS GOVERNING GRANT - CUMULATIVE

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

2 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - LACK OF ENTITLEMENT - HABITUAL RESIDENCE OUTSIDE THE MEMBER STATE TO WHICH THE OFFICIAL IS POSTED - TEMPORARY RESIDENCE OUTSIDE THAT STATE - CIRCUMSTANCES NOT AFFECTING HABITUAL NATURE OF RESIDENCE

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

Summary

1 . THE EXPATRIATION ALLOWANCE IS INTENDED TO COMPENSATE OFFICIALS FOR THE SPECIAL EXPENSE AND INCONVENIENCE RESULTING FROM TAKING UP EMPLOYMENT WITH THE COMMUNITIES AND BEING THEREBY OBLIGED TO CHANGE THEIR RESIDENCE . AN OFFICIAL WHO IS NOT AND HAS NEVER BEEN A NATIONAL OF THE STATE IN WHOSE TERRITORY THE PLACE WHERE HE IS EMPLOYED IS SITUATED CAN THEREFORE CLAIM THE ALLOWANCE ONLY IF HE HAS NEITHER HABITUALLY RESIDED NOR CARRIED ON HIS MAIN OCCUPATION WITHIN THE EUROPEAN TERRITORY OF THAT STATE .

2 . SPORADIC AND BRIEF ABSENCES FROM THE COUNTRY OF EMPLOYMENT , NOT ACCOMPANIED BY AN INTENTION ON THE PART OF THE PERSON CONCERNED TO ESTABLISH THE PERMANENT CENTRE OF HIS INTERESTS IN ANOTHER STATE , CANNOT BE CONSIDERED SUFFICIENT TO DEPRIVE THE OFFICIAL ' S RESIDENCE IN THE STATE OF EMPLOYMENT OF ITS HABITUAL NATURE WITHIN THE MEANING OF THE STAFF REGULATION AND THUS ENTITLE HIM TO PAYMENT OF THE EXPATRIATION ALLOWANCE .