ddrg/super_eurlex huggingface dataset:
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - EXPORTS TO THIRD COUNTRIES AND MEMBER STATES - DISTINCTION - SIGNIFICANCE FOR COMMUNITY - POWERS OF THE MEMBER STATES

( REGULATION NO 19 OF THE COUNCIL, ARTICLES 19, 20 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXTRA-COMMUNITY LEVY - EXPORTS TO THIRD COUNTRIES - CONCEPT - POWERS OF THE MEMBER STATES

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 20 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXTRA-COMMUNITY LEVY - EXPORTS TO A THIRD COUNTRY - PROOF - RULES - POWERS AND OBLIGATIONS OF THE MEMBER STATES

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 20 )

4 . PRINCIPLES OF COMMUNITY LAW - NON-DISCRIMINATION RULE - INFRINGEMENT - CONCEPT

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - EXPORTS TO THIRD COUNTRIES AND THE MEMBER STATES - CONDITIONS

( REGULATION NO 19 OF THE COUNCIL, ARTICLES 19, 20 )

6 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - TRADE WITH THIRD COUNTRIES WITHIN THE MEANING OF REGULATION NO 164/64 - SCOPE

( REGULATION NO 164/64/EEC OF THE COMMISSION, ARTICLE 1 )

Summary

1 . THE DISTINCTION BETWEEN EXPORTS TO THIRD COUNTRIES AND TO THE MEMBER STATES, MADE BY ARTICLES 20 AND 19 OF REGULATION NO 19 HAS A SIGNIFICANCE IN COMMUNITY LAW, WITH THE RESULT THAT THE MEMBER STATES DID NOT HAVE AN UNLIMITED DISCRETION IN ITS APPLICATION .

NEVERTHELESS THE MEMBER STATES WERE FREE TO ADD CONDITIONS FOR THE GRANT OF THE REFUND TO THOSE PRESCRIBED BY THE COMMUNITY REGULATIONS .

2 . THE CONCEPT OF " EXPORTS TO THIRD COUNTRIES " WITHIN THE MEANING OF ARTICLE 20 OF REGULATION NO 19 PRESUPPOSED THAT THE GOODS HAD AT LEAST BEEN OR WOULD BE PUT INTO FREE CIRCULATION IN A THIRD COUNTRY . THE MEMBER STATES WERE FREE TO REQUIRE IN ADDITION THAT THE GOODS HAD BEEN OR WOULD BE USED OR CONSUMED, TREATED OR PROCESSED, IN THAT COUNTRY .

3 . IT WAS FOR THE MEMBER STATES TO DETERMINE INDEPENDENTLY THE EVIDENCE REQUIRED TO ESTABLISH THAT EXPORT TO A THIRD COUNTRY HAD TAKEN PLACE, PROVIDED THAT THEY DID NOT ACCEPT INSUFFICIENT PROOF, IN PARTICULAR THE MERE FACT THAT THE GOODS WERE EXPORTED WITHOUT A CERTIFICATE DD4, OR WERE NOT TRANSPORTED DIRECTLY FROM ONE MEMBER STATE TO ANOTHER .

4 . THE COMMUNITY LEGISLATURE INFRINGES THE NON-DISCRIMINATION RULE WHEN IT TREATS COMPARABLE SITUATIONS DIFFERENTLY .

5 . IN THE MATTER OF REFUNDS REGULATION NO 19 DID NOT PREVENT EXPORTS TO OTHER MEMBER STATES FROM BEING SUBJECT TO THE SAME OR EVEN LESS ADVANTAGEOUS CONDITIONS THAN THOSE WHICH GOVERNED EXPORTS TO THIRD COUNTRIES .

6 . THE EXPRESSION " TRADE WITH THIRD COUNTRIES " USED IN REGULATION NO 164/64/EEC HAS THE SAME MEANING AS THE EXPRESSION " EXPORTS TO THIRD COUNTRIES " IN ARTICLE 20 ( 2 ) OF REGULATION NO 19 .
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AGRICULTURE - COMMON ORGANIZATION OF MARKET - FRUIT AND VEGETABLES - PROCESSED PRODUCTS - SUGAR - LEVY - OBJECTIVE - RESTRICTION TO PRODUCTS PROCESSED BY ACTUAL ADDITION OF SUGAR - COMMON CUSTOMS TARIFF - CLASSIFICATION - EVIDENCE

( REGULATION ( EEC ) NO 865/68 OF THE COUNCIL, ARTICLE 2; REGULATION ( EEC ) NO 950/68 OF THE COUNCIL ON THE COMMON CUSTOMS TARIFF, ADDITIONAL NOTE NO 2 TO CHAPTER 20 )

Summary

ARTICLE 2 OF REGULATION NO 865/68 OF THE COUNCIL OF 28 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES MUST BE INTERPRETED AS MEANING THAT A LEVY IS CHARGEABLE ONLY IF SUGAR HAS ACTUALLY BEEN ADDED .

SINCE ADDITIONAL NOTE NO 2 TO CHAPTER 20 OF THE COMMON CUSTOMS TARIFF LAID DOWN BY REGULATION NO 950/68 OF THE COUNCIL IS NOT CAPABLE OF ALTERING THE BASIS OF CHARGE OF AN AGRICULTURAL LEVY, AND ITS EFFECT IS ONLY TO CREATE A PRESUMPTION WITH REGARD TO TARIFF CLASSIFICATION, AGAINST WHICH EVIDENCE IN REBUTTAL MAY BE BROUGHT .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - INVITATION TO TENDER AND DENATURING - DIFFERENT MEMBER STATES - DENATURING PREMIUM - STATE LIABLE TO PAY THE PREMIUM - DETAILED RULES FOR PAYMENT

( REGULATION ( EEC ) NO 1987/69, ARTICLES 5, 9 AND 10; REGULATION ( EEC ) NO 2061/69, ARTICLE 11 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCIAL TRANSACTIONS - INVITATION TO TENDER AND DENATURING OF PRODUCTS - DIFFERENT MEMBER STATES - PAYMENT OF THE DENATURING PREMIUM - RATE OF EXCHANGE

( REGULATION NO 129 OF THE COUNCIL OF THE EEC, ARTICLE 2 )

Summary

1 . ARTICLE 5(2)(E ) AND ( F ), THE FIRST INDENT OF ARTICLE 9(1)(A ), ARTICLE 9(3)(A ) AND ARTICLE 10(2)(C ) OF REGULATION ( EEC ) NO 1987/69 OF THE COMMISSION LAYING DOWN DETAILED RULES CONCERNING THE SALE BY TENDER OF SUGAR BY INTERVENTION AGENCIES AND ARTICLE 11(1)(A ) OF REGULATION ( EEC ) NO 2061/69 OF THE COMMISSION LAYING DOWN DETAILED RULES ON THE DENATURING OF SUGAR FOR ANIMAL FEED MUST BE INTERPRETED TO MEAN THAT WHERE THE MEMBER STATE IN WHICH DENATURING HAS TAKEN PLACE IS DIFFERENT FROM THAT IN WHICH THE TENDER IS INVITED AND WHERE THE DENATURING PREMIUM CERTIFICATE HAS BEEN ISSUED BY THE FORMER STATE, IT IS ALONE LIABLE TO PAY THE PREMIUM .

THESE PROVISIONS MUST BE INTERPRETED TO MEAN THAT, IN THE ABOVEMENTIONED CASE :

( A ) THE DENATURING PREMIUM INDICATED IN THE CERTIFICATE ISSUED BY THE MEMBER STATE IN WHICH DENATURING HAS TAKEN PLACE MUST NOT BE EXPRESSED IN THE CURRENCY OF THE MEMBER STATE IN WHICH THE TENDER IS INVITED;

( B ) THE MEMBER STATE IN WHICH DENATURING HAS TAKEN PLACE IS NOT OBLIGED TO PAY SUCH PREMIUM IN THE CURRENCY OF THE MEMBER STATE IN WHICH THE TENDER IS INVITED, BUT MAY PAY IT IN ITS OWN CURRENCY .

2 . IN THE CASE REFERRED TO UNDER 1 ABOVE, WHERE THE MEMBER STATE IN WHICH DENATURING HAS TAKEN PLACE PAYS IN ITS OWN CURRENCY A PREMIUM WHICH IS EXPRESSED IN THE STATEMENT OF AWARD ISSUED BY THE STATE IN WHICH THE TENDER IS INVITED IN THE CURRENCY OF THAT STATE, THE CONVERSION MUST BE EFFECTED AT THE RATE OF EXCHANGE PROVIDED FOR IN ARTICLE 2(1 ) OF REGULATION NO 129 OF THE COUNCIL OF 23 OCTOBER 1962 ON THE VALUE OF THE UNIT OF ACCOUNT AND THE EXCHANGE RATES TO BE APPLIED FOR THE PURPOSES OF THE COMMON AGRICULTURAL POLICY, THAT IS, AT THE RATE OF EXCHANGE CORRESPONDING TO THE PAR VALUE COMMUNICATED TO AND RECOGNIZED BY THE INTERNATIONAL MONETARY FUND .
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1 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - AUTHORITY OF EXPLANATORY NOTES AND CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

2 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CLASSIFICATION OF A PRODUCT UNDER TARIFF HEADING 21.07 - REGULATION NO 241/70 OF THE COMMISSION - LEGISLATIVE NATURE - NO RETROACTIVE EFFECT

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CLASSIFICATION OF A PRODUCT UNDER TARIFF HEADING 21.04 - CRITERIA - DISCRETION OF THE NATIONAL COURT

( REGULATION NO 950/68 OF THE COUNCIL )

4 . COMMON CUSTOMS TARIFF - ENTRY INTO FORCE - NO EFFECT ON THE BINDING CUSTOMS TARIFF NOTICES WITHIN THE MEANING OF ARTICLE 23 OF THE GERMAN ZOLLGESETZ

( REGULATION NO 950/68 OF THE COUNCIL, ARTICLE 1 )

Summary

1 . IN THE ABSENCE OF RELEVANT COMMUNITY PROVISIONS, THE EXPLANATORY NOTES AND THE CLASSIFICATION OPINIONS PROVIDED FOR BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS ARE AN AUTHORITATIVE SOURCE FOR THE PURPOSE OF THE INTERPRETATION OF THE HEADINGS TO THE COMMON CUSTOMS TARIFF .

2 . REGULATION ( EEC ) NO 241/70 ON THE CLASSIFICATION OF GOODS UNDER SUB-HEADING 21.07 IS OF A LEGISLATIVE NATURE AND CANNOT HAVE RETROACTIVE EFFECT .

3 . THE CLASSIFICATION OF A PRODUCT UNDER HEADING 21.04 OF THE COMMON CUSTOMS TARIFF IS PRECLUDED IF THE USE OF BUTTER, BUTTER FAT OR FRACTIONATED BUTTER OIL IN THE MANUFACTURE OF THE PRODUCT IMPAIRS ITS DIRECT SUITABILITY FOR IMPROVING THE FLAVOUR OF CERTAIN FOODS AND IT IS FOR THE COMPETENT NATIONAL COURT TO DECIDE WHETHER THIS IS THE CASE .

4 . THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF HAS NOT AFFECTED THE LEGAL EFFECTS OF THE " VERBINDLICHE ZOLLTARIFAUSKUENFTE " ( BINDING CUSTOMS TARIFF NOTICES ) WITHIN THE MEANING OF ARTICLE 23 OF THE GERMAN ZOLLGESETZ .
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1 . OFFICIALS - RECRUITMENT - SELECTION BOARD - DECISION - EXCLUSIVE JURISDICTION OF THE COURT

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLE 91 )

2 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - EQUIVALENT EXPERIENCE IN EMPLOYMENT - PARTIAL AND ARBITRARY NATURE OF A SPECIFICATION - APPLICATION OF GENERAL FORMULA CONTAINED IN THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF THE STAFF REGULATIONS - POWERS AND DUTIES OF THE SELECTION BOARD

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX III, ARTICLE 1 ( 1 ) ( B ))

3 . OFFICIALS - RECRUITMENT - CONSIDERATION OF APPLICATIONS - DUTIES OF THE SELECTION BOARD

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX III, ARTICLE 5 )

Summary

1 . THE ONLY FORM OF APPEAL OPEN TO INDIVIDUALS IN RELATION TO A DECISION TAKEN BY A SELECTION BOARD LIES IN AN APPLICATION TO THE COURT, WHICH ALONE HAS JURISDICTION TO ANNUL SUCH DECISIONS .

2 . IF, IN A NOTICE OF COMPETITION THE TERM " EQUIVALENT EXPERIENCE IN EMPLOYMENT " CANNOT BE INTERPRETED WITHOUT REMAINING INCOMPLETE OR ARBITRARY, RECOURSE MUST BE HAD TO THE GENERAL FORMULA CONTAINED IN THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF THE STAFF REGULATIONS AND THE SELECTION BOARD FOR THE COMPETITION MUST BE LEFT TO ASSESS IN EACH CASE WHETHER THE CERTIFICATES PRODUCED OR THE EXPERIENCE OF EACH CANDIDATE CORRESPOND TO THE LEVEL REQUIRED BY THE STAFF REGULATIONS AND, THEREFORE, BY THE NOTICE OF COMPETITION . THE ADOPTION OF THIS SOLUTION IMPLIES, HOWEVER THAT THE SELECTION BOARD SHALL BE BOUND TO GIVE REASONS FOR ITS DECISIONS ON THIS QUESTION, IF ONLY IN SUMMARY FORM .

3 . THE SELECTION BOARD IS OBLIGED TO GIVE SUFFICIENT REASONS FOR THE CONCLUSIONS IT REACHES ON THE COMPARISON OF THE QUALIFICATIONS SUBMITTED BY THE CANDIDATES WITH THOSE REQUIRED BY THE NOTICE OF COMPETITION .
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1 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - CRITERIA - OBJECTIVE CHARACTERISTICS

2 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CLASSIFICATION OF A PRODUCT UNDER TARIFF HEADINGS 11.01 AND 11.02 - CRITERIA

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CLASSIFICATION OF A PRODUCT UNDER TARIFF HEADING 23.07 - CRITERIA

Summary

1 . IN THE INTEREST OF LEGAL CERTAINTY AND OF ADMINISTRATION THE CHARACTERISTICS AND OBJECTIVE PROPERTIES OF PRODUCTS GENERALLY SUPPLY THE DECISIVE CRITERION FOR THEIR CLASSIFICATION IN THE COMMON CUSTOMS TARIFF .

2 . PRODUCTS PROCESSED FROM MAIZE AND SORGHUM MAY BE CLASSIFIED UNDER TARIFF HEADINGS 11.01 AND 11.02 IF AFTER PROCESSING THEY STILL CONTAIN THE ESSENTIAL CONSTITUENTS OF THE BASIC PRODUCT IN PROPORTIONS APPROXIMATING TO THOSE OF THE PRODUCT IN ITS NATURAL STATE .

3 . HEADING 23.07 REFERS TO PRODUCTS WHICH HAVE BEEN FINALLY PROCESSED OR ARE THE RESULT OF A MIXTURE OF DIFFERENT SUBSTANCES AND WHICH ARE ONLY SUITABLE FOR FEEDING ANIMALS AND NOT TO AGGLOMERATED PRODUCTS THE BASIC MATERIALS OR MATERIALS OF WHICH COME, AS SUCH, UNDER A SPECIFIC HEADING, EVEN IF THEY CONTAIN A BINDER NOT GENERALLY EXCEEDING 3 PER CENT BY WEIGHT .
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OFFICIALS - INVALIDITY - ASSESSMENT - PROCEDURE - COMMITTEE - MEMBERS - APPOINTMENT OF THIRD DOCTOR - DISAGREEMENT - INTERVENTION BY THE COURT

( STAFF REGULATIONS, ANNEX II, ARTICLE 7, LAST INDENTATION )

Summary

IF ARTICLE 7, LAST INDENTATION, OF ANNEX II OF THE STAFF REGULATIONS IS APPLIED BY ANALOGY, IT IS FOR THE COURT TO UNDERTAKE THE APPOINTMENT OF THE THIRD DOCTOR TO THE INVALIDITY COMMITTEE IF THE TWO DOCTORS APPOINTED BY THE PARTIES CANNOT REACH AGREEMENT UPON THE CHOICE OF THAT DOCTOR .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INSURANCE IN RESPECT OF INVALIDITY, OLD-AGE AND DEATH - AGGREGATION OF COMPLETED INSURANCE PERIODS - PERIOD OF UNEMPLOYMENT - ASSIMILATION TO A PERIOD OF EMPLOYMENT - CRITERIA

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 1 ( R ), ARTICLE 27 )

Summary

IT IS CLEAR FROM ARTICLE 1 ( R ) OF REGULATION NO 3 THAT IN ORDER TO ASCERTAIN WHETHER AND TO WHAT EXTENT A PERIOD OF UNEMPLOYMENT MAY BE ASSIMILATED TO A PERIOD OF EMPLOYMENT FOR THE PURPOSE OF DETERMINING THE ENTITLEMENT OF A MIGRANT WORKER TO AN INVALIDITY, OLD-AGE AND SURVIVOR' S PENSION REFERENCE MUST BE MADE TO THE LEGISLATION OF THE COUNTRY UNDER WHICH SUCH PERIOD WAS COMPLETED .
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COMPETITION - CARTELS - PROHIBITION - INFRINGEMENT OF COMMUNITY RULES - COMMUNITY PENALTIES AND NATIONAL PENALTIES IMPOSED BY THE AUTHORITIES OF A MEMBER STATE OR OF A THIRD STATE - CUMULATION - TAKING INTO ACCOUNT THEREOF BY THE COMMISSION - CRITERIA

( EEC TREATY, ARTICLE 85, REGULATION NO 17 OF THE COUNCIL, ARTICLE 15 )

Summary

IN FIXING THE AMOUNT OF A FINE THE COMMISSION MUST TAKE ACCUNT OF PENALTIES WHICH HAVE ALREADY BEEN BORNE BY THE SAME UNDERTAKING FOR THE SAME ACT IN A CASE WHERE PENALTIES HAVE BEEN IMPOSED FOR INFRINGEMENTS OF THE CARTEL LAW OF A MEMBER STATE AND, CONSEQUENTLY, HAVE BEEN COMMITTED ON COMMUNITY TERRITORY .

THE FACT THAT THE COMMISSION TAKES INTO ACCOUNT A PENALTY IMPOSED BY THE AUTHORITIES OF A THIRD STATE PRESUPPOSES THAT THE FACTS ESTABLISHED AGAINST THE UNDERTAKING ACCUSED BY THE COMMISSION, ON THE ONE HAND, AND THE AUTHORITIES OF THE THIRD STATE IN QUESTION, ON THE OTHER, ARE IDENTICAL .
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1 . PRELIMINARY RULINGS - EFFECTS OF A NATIONAL LAW IN RELATION TO COMMUNITY LAW - POWERS OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - APPLICATION TO NATIONAL LEGISLATIVE SYSTEMS - EXTENSION TO PROPHYLACTIC AND REMEDIAL MEASURES

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 2 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS BENEFITS - CONCEPT - ACQUISITION OF THE RIGHT BY AGGREGATION OF THE INSURANCE PERIODS COMPLETED

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 2, ARTICLE 16 )

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - ACQUISITION OF A RIGHT - CONSIDERATION OF INSURANCE PERIODS COMPLETED IN THIRD COUNTRIES - NO OBLIGATION

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 1 ( B ))

Summary

1 . THE COURT HAS POWER TO PROVIDE THE NATIONAL COURT WITH FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF A PROVISION OF NATIONAL LAW .

2 . ARTICLE 2 ( 1 ) OF REGULATION NO 3 ALSO REFERS TO PROPHYLACTIC OR REMEDIAL MEASURES .

3 . THE SOCIAL SECURITY BENEFITS WHICH, ALTHOUGH NOT RELATED TO THE " EARNING CAPACITY " OF THE INSURED PERSON, ARE ALSO AWARDED TO THE MEMBERS OF HIS FAMILY AND ARE PRINCIPALLY INTENDED TO AID THE RECOVERY OF THE INVALID AND TO PROTECT THOSE WHO ARE IN CONTACT WITH HIM MUST BE REGARDED AS SICKNESS BENEFITS WITHIN THE MEANING OF ARTICLE 2 ( 1 ) ( A ) OF REGULATION NO 3 .

FOR THE PURPOSES OF ACQUIRING A RIGHT TO SUCH BENEFITS THE AGGREGATION OF THE AFFILIATION PERIODS COMPLETED IN THE VARIOUS MEMBER STATES IS GOVERNED BY ARTICLE 16 ET SEQ . OF REGULATION NO 3 .

4 . FOR THE PURPOSE OF ACQUIRING A RIGHT TO SOCIAL SECURITY BENEFITS, SOCIAL SECURITY ORGANIZATIONS IN THE MEMBER STATES ARE NOT BOUND TO TAKE INTO ACCOUNT AFFILIATION PERIODS COMPLETED IN THIRD COUNTRIES .
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PROCEEDINGS - NON-CONTRACTUAL LIABILITY - ACTION FOR COMPENSATION - TIME IN WHICH ACTION BROUGHT - PERIOD OF LIMITATION

( EEC TREATY, ARTICLES 173 AND 175; STATUTE OF THE EEC COURT, ARTICLE 43 )

Summary

IN NO CIRCUMSTANCES CAN THE APPLICATION OF ARTICLES 173 AND 175 OF THE EEC TREATY RESULT IN THE PERIOD OF LIMITATION OF FIVE YEARS LAID DOWN IN THE FIRST SENTENCE OF ARTICLE 43 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC BEING REDUCED .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION - INTERNAL ORDER - ADAPTATION

( EEC TREATY, ARTS . 5, 189 )

Summary

A MEMBER STATE CANNOT PLEAD THE PROVISIONS OR PRACTICES OF ITS INTERNAL ORDER, PARTICULARLY BUDGETARY PROVISIONS OR PRACTICES, IN ORDER TO JUSTIFY FAILURE TO OBSERVE OBLIGATIONS AND TIME-LIMITS ARISING UNDER COMMUNITY REGULATIONS .

IT FALLS TO EACH MEMBER STATE TO RECOGNIZE THE CONSEQUENCES, IN ITS INTERNAL ORDER, OF ITS ADHERENCE TO THE COMMUNITY, IN ACCORDANCE WITH THE GENERAL OBLIGATIONS IMPOSED ON MEMBER STATES BY ARTICLE 5 OF THE TREATY, AND, IF NECESSARY, TO ADAPT ITS PROCEDURES FOR BUDGETARY PROVISION IN SUCH A WAY THAT THEY DO NOT FORM AN OBSTACLE TO THE IMPLEMENTATION, WITHIN THE PRESCRIBED TIME-LIMITS, OF ITS OBLIGATIONS WITHIN THE FRAMEWORK OF THE TREATY .
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1 . OFFICIALS - RECRUITMENT - PROBATION - REPORT - DELAY IN MAKING THEREOF - VALIDITY - RESPONSIBILITY OF THE ADMINISTRATION

( STAFF REGULATIONS, ARTICLE 34 )

2 . OFFICIALS - RECRUITMENT - PROBATION - UNFAVOURABLE REPORT - DISMISSAL OF THE PERSON CONCERNED - TIME LIMIT - NATURE - COMMENCING DATE

( STAFF REGULATIONS, ARTICLE 34 )

3 . OFFICIALS - RECRUITMENT - PROBATION - UNFAVOURABLE REPORT - INTENTION TO DISMISS - NOTIFICATION TO THE PERSON CONCERNED - NO OBLIGATION

( STAFF REGULATIONS, ARTICLE 34 )

Summary

1 . A PROBATION REPORT MADE SOME MONTHS LATE IS STILL VALID BUT THE ADMINISTRATION IS RESPONSIBLE FOR THE DAMAGE RESULTING FROM THIS IRREGULARITY WHICH IS CONTRARY TO THE EXPRESS REQUIREMENTS OF THE STAFF REGULATIONS .

2 . WHEN THE PROBATION REPORT IS UNFAVOURABLE, THE ADMINISTRATION MUST TAKE ITS DECISION TO DISMISS WITHIN A REASONABLE PERIOD WHICH BEGINS TO RUN FROM THE MAKING OF THE REPORT AND ITS COMMUNICATION TO THE PERSON CONCERNED .

3 . THE COMMISSION IS UNDER AN OBLIGATION TO COMMUNICATE THE END OF PROBATION REPORT TO THE PROBATIONER SO THAT HE MAY SUBMIT HIS COMMENTS, BUT NOT TO GIVE HIM AN OPPORTUNITY TO STATE HIS VIEWS ON ITS INTENTION TO DISMISS HIM BY REASON OF THE UNFAVOURABLE NATURE OF THE REPORT, EVEN IF THIS CALLS NOT FOR AN IMMEDIATE DISMISSAL BUT FOR AN EXTENSION OF THE PROBATIONARY PERIOD . IF THE COMMISSION DOES SO, THEREBY OBSERVING THE CODE OF GOOD ADMINISTRATION, IT CAN ALLOW A VERY BRIEF PERIOD FOR A REPLY WITHOUT THE DISMISSAL BEING VITIATED .
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1 . OFFICIALS - REMUNERATION - YEARLY REVIEW AND ADJUSTMENT - METHODS - JURISDICTION OF THE COUNCIL

( STAFF REGULATIONS, ARTICLE 65 )

2 . OFFICIALS - REMUNERATION - YEARLY REVIEW AND ADJUSTMENT - COUNCIL DECISION OF 21 MARCH 1973 - COUNCIL' S INTENTION TO BIND ITSELF - PROTECTION OF LEGITIMATE CONFIDENCE - OBLIGATORY NATURE OF THE DECISION

Summary

1 . ARTICLE 65 OF THE STAFF REGULATIONS LEAVES THE COUNCIL THE CHOICE OF THE MEANS AND FORMS BEST SUITED TO IMPLEMENT AN EMOLUMENTS POLICY IN CONFORMITY WITH THE CRITERIA LAID DOWN BY ARTICLE 65 . THE COUNCIL, WHICH IS RESPONSIBLE FOR THE ORGANIZATION OF THE STAFF, MAY, AS PART OF THE MEANS OF IMPLEMENTING ARTICLE 65, INCORPORATE PROCEDURES OF COLLECTIVE BARGAINING SIMILAR TO THOSE PRACTISED IN THE MEMBER STATES ACCORDING TO THEIR VARIOUS METHODS, AND DIVIDE UP THE DECISION-MAKING PROCESS INTO SUCCESSIVE PHASES, IN ACCORDANCE WITH A PRACTICE USUAL IN THE COMMUNITY .

THE CIRCUMSTANCE THAT ARTICLE 65, BY ENDOWING THE COUNCIL WITH A WIDE POWER OF APPRAISAL WITH REGARD TO THE ECONOMIC AND SOCIAL POLICY OF THE COMMUNITIES REQUIRES IT TO TAKE INTO ACCOUNT ALL POSSIBLE RELEVANT FACTOR, DOES NOT PREVENT IT FROM PREDETERMINING, UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS, IN A FIRST STAGE AND FOR A LIMITED TIME, THE FRAMEWORK OF AND THE FACTORS TO BE TAKEN INTO ACCOUNT IN, ITS DECISION .

2 . BY ITS DECISION OF 21 MARCH 1973, THE COUNCIL, ACTING WITHIN THE FRAMEWORK OF THE POWERS RELATING TO THE REMUNERATIONS OF THE STAFF CONFERRED ON IT BY ARTICLE 65 OF THE STAFF REGULATIONS, ASSUMED OBLIGATIONS WHICH IT HAS BOUND ITSELF TO OBSERVE FOR THE PERIOD IT HAS DEFINED . TAKING ACCOUNT OF THE PARTICULAR EMPLOYER-STAFF RELATIONSHIP WHICH FORMS THE BACKGROUND TO THE IMPLEMENTATION OF ARTICLE 65 OF THE STAFF REGULATIONS, AND THE ASPECTS OF CONSULTATION WHICH ITS APPLICATION INVOLVED, THE RULE OF PROTECTION OF THE CONFIDENCE THAT THE STAFF COULD HAVE THAT THE AUTHORITIES WOULD RESPECT UNDERTAKINGS OF THIS NATURE, IMPLIES THAT THE DECISION OF 21 MARCH 1972 BINDS THE COUNCIL IN ITS FUTURE ACTION .

WHILST THIS RULE IS PRIMARILY APPLICABLE TO INDIVIDUAL DECISIONS, THE PROBABILITY CANNOT BY ANY MEANS BE EXCLUDED THAT IT SHOULD RELATE, WHEN APPROPRIATE, TO THE EXERCISE OF MORE GENERAL POWERS .
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1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - COMMON WHEAT AND BARLEY - INTRA-COMMUNITY LEVY - CALCULATION - IMPORT COSTS - ITEMS TO BE TAKEN INTO ACCOUNT

( REGULATION NO 19 OF THE COUNCIL, ART . 2, ART . 4 )

Summary

1 . THE COURT IS NOT ENABLED, IN THE CONTEXT OF ARTICLE 177, TO APPLY THE TREATY TO SPECIFIC CIRCUMSTANCES BUT MUST EXTRACT FROM THE WORDING OF THE DECISION REFERRING THE MATTER THOSE QUESTIONS ALONE WHICH RELATE TO THE INTERPRETATION OF COMMUNITY LAW .

2 . ARTICLES 2 AND 4 OF REGULATION NO 19/62 OF THE COUNCIL SHOULD BE INTERPRETED AS MEANING THAT THE IMPORT COSTS TO BE TAKEN INTO ACCOUNT IN CALCULATING THE AMOUNT OF THE LEVY ARE THOSE WHICH EVERY IMPORTER MUST INEVITABLY INCUR IN COMPLYING WITH THE PROCEDURES AND LEGAL FORMALITIES NECESSARY FOR THE IMPORT OF THE PRODUCTS IN QUESTION AND IN TRANSPORTING THOSE PRODUCTS TO THE FIRST WHOLESALE MARKETING STAGE IN THE AREA TO WHICH THE BASIC TARGET PRICE APPLIES .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PROCESSED PRODUCTS WITHIN THE MEANING OF ARTICLE 1 ( D ) IN CONJUNCTION WITH THE ANNEX TO REGULATION NO 19/62 - LEVY - CALCULATION - TURNOVER EQUALIZATION TAX - SET OFF - PROHIBITION

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 14; REGULATION NO 55 OF THE COUNCIL, ARTICLE 7 )

Summary

ARTICLES 14 OF REGULATION NO 19 OF THE COUNCIL OF THE EEC OF 4 APRIL 1962 AND 7 OF REGULATION NO 55 OF THE COUNCIL OF THE EEC OF 30 JUNE 1962 MUST BE INTERPRETED AS MEANING THAT THE AMOUNT OF THE TURNOVER EQUALIZATION TAX IMPOSED ON THE IMPORT OF THE PROCESSED PRODUCTS REFERRED TO IN ARTICLE 1 ( D ) AND IN THE ANNEX TO REGULATION NO 19/62 MAY NOT BE DEDUCTED FROM THE LEVY .
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COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - SUGAR CONFECTIONERY - CLASSIFICATION OF PRODUCTS UNDER SUBHEADING 17.04-D-II - CRITERIA

Summary

THE MILKFAT CONTENT OF GOODS COVERED BY SUBHEADING 17.04-D-II OF THE COMMON CUSTOMS TARIFF MUST NOT BE SUCH AS TO EFFECT THE CHARACTER OF THOSE PRODUCTS AS SUGAR CONFECTIONERY .

PRODUCTS IN BULK FORM INTENDED FOR USE IN THE MAKING OF SUGAR CONFECTIONERY, EVEN IF THEIR SUGAR CONTENT MUST BE INCREASED DURING PROCESSING INTO THE FINISHED PRODUCT, ARE COVERED BY SUBHEADING 17.04-D-II, PROVIDED THAT THEIR COMPOSITION SPECIFICALLY AND DEFINITELY DESIGNATES THEM FOR USE IN THE MAKING OF A CERTAIN CATEGORY OF SUGAR CONFECTIONERY .