ddrg/super_eurlex huggingface dataset:
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1 . RULES OF PROCEDURE - REPLACEMENT - EFFECTS ON PERIODS FOR INSTITUTING PROCEEDINGS

2 . PERIODS - EXPIRY

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1 . THE ENTRY INTO FORCE OF NEW RULES OF PROCEDURE OF THE COURT OF JUSTICE AFFECTS NEITHER THE RIGHTS OF ACTION ACCRUED BEFORE THIS DATE NOR THE EXTINGUISHMENT OF RIGHTS DURING THE TIME WHEN THE FORMER RULES WERE IN FORCE .

2 . AN APPLICATION RELATING TO THE CONSEQUENCES OF A DECISION WHICH THE APPLICANT MAY NO LONGER CONTEST IS OUT OF TIME AND THEREFORE INADMISSIBLE .
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PROCEDURE - ACTION BY AN OFFICIAL FOR FAILURE TO ACT - PREVIOUS FORMAL NOTICE TO THE ADMINISTRATION - FORM

Summary

A REQUEST BY AN OFFICIAL TO THE ADMINISTRATION NOT CONTAINING ANY FORMAL REQUEST OR INDICATING AN INTENTION TO PURSUE THE MATTER AND WHICH DOES NOT SHOW SUFFICIENTLY CLEARLY THAT IT CONSTITUTES THE BEGINNING OF THE PERIOD FOR LODGING AN APPLICATION, CANNOT BE REGARDED AS NOTICE CAPABLE OF CONSTITUTING THE PRELIMINARY PROCEDURAL FORMALITY IN AN ACTION FOR FAILURE TO ACT .
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1 . OBLIGATIONS OF MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION - EXAMINATION BY THE COURT - LIMITATION TO THE INFRINGEMENT EXISTING WHEN ACTION BROUGHT

( EEC TREATY, ARTICLES 169 AND 171 )

2 . OBLIGATIONS OF MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION - REASONED OPINION OF THE COMMISSION WITHIN THE MEANING OF ARTICLE 169 OF THE EEC TREATY - SUFFICIENT STATEMENT OF REASONS

3 . QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES - 'STANDSTILL' OBLIGATION - ABSOLUTE NATURE THEREOF

( EEC TREATY, ARTICLE 31 )

4 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES WITHIN THE MEANING OF ARTICLE 226 OF THE EEC TREATY - CONDITIONS FOR AUTHORIZATION

5 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES WITHIN THE MEANING OF ARTICLE 226 OF THE EEC TREATY - UNILATERAL ACTIONS OF MEMBER STATES - PROHIBITION

6 . QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES - ELIMINATION - DEROGATIONS PROVIDED FOR IN ARTICLE 36 AND PROTECTIVE CLAUSE OF ARTICLE 226 OF THE EEC TREATY - ESSENTIAL DIFFERENCES

Summary

1 . IN THE CASE OF AN ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY, IT IS FOR THE COURT TO SAY WHETHER THE FAILURE HAS OCCURRED, WITHOUT HAVING TO EXAMINE WHETHER, SUBSEQUENT TO THE BRINGING OF THE ACTION, THE STATE IN QUESTION TOOK THE MEASURES NECESSARY TO BRING THE INFRINGEMENT TO AN END .

2 . THE OPINION REFERRED TO IN ARTICLE 169 OF THE EEC TREATY MUST BE CONSIDERED TO CONTAIN A SUFFICIENT STATEMENT OF REASONS TO SATISFY THE LAW WHEN IT CONTAINS A COHERENT EXPOSITION OF THE REASONS WHICH LED THE COMMISSION TO THE CONVICTION THAT THE STATE CONCERNED FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

3 . THE 'STANDSTILL' OBLIGATION LAID DOWN IN ARTICLE 31 OF THE EEC TREATY IS ABSOLUTE; IT COMPRISES NO EXCEPTIONS, NOT EVEN PARTIAL OR TEMPORARY ONES .

4 . THE PROTECTIVE MEASURES REFERRED TO IN ARTICLE 226 MAY ONLY BE AUTHORIZED WITHIN THE FRAMEWORK OF THE SPECIAL PROCEDURE PRESCRIBED BY THAT ARTICLE, THAT IS TO SAY, ON UNEQUIVOCAL, FORMAL APPLICATION BY THE GOVERNMENT CONCERNED, SINCE THE MEASURES CONSTITUTE EXCEPTIONS TO THE RULES OF THE TREATY, LIABLE TO DISTURB THE FUNCTIONING OF THE COMMON MARKET .

5 . MEMBER STATES MAY NOT RELY ON EITHER THE URGENCY OR THE SERIOUSNESS OF A SITUATION TO EVADE THE PROCEDURE OF ARTICLE 226 . BY THE VERY FACT THAT IT WAS PROVIDED AS AN EMERGENCY PROCEDURE, THIS PROCEDURE EXCLUDES ANY UNILATERAL ACTION BY MEMBER STATES .

6 . AS DISTINCT FROM ARTICLE 226 OF THE EEC TREATY, ARTICLE 36 OF THE TREATY IS DIRECTED TO EVENTUALITIES OF A NON-ECONOMIC KIND WHICH ARE NOT LIABLE TO PREJUDICE THE PRINCIPLES LAID DOWN BY ARTICLES 30 TO 34 . IN PARTICULAR, THAT ARTICLE DOES NOT ESTABLISH A GENERIC PROTECTIVE CLAUSE ADDITIONAL TO THAT PROVIDED BY ARTICLE 226 AND ALLOWING MEMBER STATES TO DEROGATE BY UNILATERAL ACTION FROM THE PROCEDURE AND THE GUARANTEES LAID DOWN BY THAT PROVISION .
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1 . OFFICIALS - DISPUTES WITH THE COMMUNITIES - DEFENDANT - CAPACITY TO APPEAR ON BEHALF OF THE COMMUNITY

( EEC TREATY, ARTICLE 179; STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 91 )

2 . OFFICIALS - DISPUTES WITH THE COMMUNITIES - PROCEDURE PRELIMINARY TO APPEAL TO THE COURT - USE

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 90; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THOSE COMMUNITIES, ARTICLE 73 )

3 . OFFICIALS - INTEGRATION UNDER THE STAFF REGULATIONS - PERMANENT POST - CONCEPT

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLES 1 AND 102 )

Summary

1 . AN APPEAL TO THE COURT UNDER ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC MUST BE BROUGHT AGAINST THE INSTITUTION TO WHOM THE PERSON CONCERNED IS RESPONSIBLE . THAT INSTITUTION IS AUTHORIZED TO APPEAR ON BEHALF OF THE COMMUNITY .

2 . AS THE PROCEDURE PRESCRIBED BY ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC AND ARTICLE 73 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS IS A PRELIMINARY TO AN APPEAL TO THE COURT, IT MAY BE USED IN ALL CASES IN WHICH THE DISPUTE IS CONCERNED SPECIFICALLY WITH THE LEGALITY OF THE EXPULSION OF A SERVANT FROM THE RANKS OF THE STAFF .

3 . THE CONCEPT OF A PERMANENT POST ONLY COVERS THE POSTS EXPRESSLY PRESCRIBED AS ' PERMANENT ', OR DESCRIBED IN A SIMILAR MANNER, IN THE BUDGET OF THE COMMUNITY .
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1 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES - PRELIMINARY HEARING OF THE GOVERNMENTS CONCERNED - ADEQUATE OBSERVANCE OF FORMALITIES

( EEC TREATY, ARTICLE 226 )

2 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES - SECTOR OF THE ECONOMY - CONCEPT

( EEC TREATY, ARTICLE 226 )

3 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES - SERIOUS DIFFICULTIES - CONCEPT

( EEC TREATY, ARTICLE 226 )

4 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES - EFFECTS ON THE COMMON MARKET - MINIMUM OF DISTURBANCE - GEOGRAPHICAL LIMITATION

( EEC TREATY, ARTICLE 226 )

5 . TRANSITIONAL PERIOD - PROTECTIVE MEASURES - POSSIBLE DISTINCTION BETWEEN MEMBER STATES

( EEC TREATY, ARTICLE 226 )

6 . DISCRIMINATION - INDICATIONS - DISCRIMINATION OF FORM AND OF SUBSTANCE - CRITERIA

( EEC TREATY, ARTICLE 7 )

Summary

1 . INDEPENDENTLY OF THE QUESTION TO WHAT EXTENT THE COMMISSION, WHEN RECEIVING AN APPLICATION UNDER ARTICLE 226, IS OBLIGED TO GIVE A PRELIMINARY HEARING TO ANY GOVERNMENT CONCERNED, THERE IS NO FAILURE TO DO SO IF THE COMMISSION HAS INFORMED THE GOVERNMENT IN QUESTION OF THE EXISTENCE OF THE APPLICATION AND THAT GOVERNMENT HAS NOT REPLIED TO THE QUESTIONS PUT TO IT BY THE COMMISSION WITHIN A PERIOD OF TIME COMPATIBLE WITH THE URGENCY REQUIRED BY THE TREATY .

2 . THE PRODUCTION OF A COMMODITY MAY CONSTITUTE A SECTOR OF THE ECONOMY WITHIN THE MEANING OF ARTICLE 226 OF THE EEC TREATY IF THAT COMMODITY, ACCORDING TO GENERALLY ACCEPTED IDEAS, IS CLEARLY DIFFERENT FROM OTHER RELATED PRODUCTS .

3 . THE EXISTENCE OF DIFFICULTIES WHICH ARE SERIOUS AND LIABLE TO PERSIST IS NOT PRECLUDED BY THE FACT THAT THOSE INVOLVED SUPPORT THE COMMISSION'S MEASURES BY THEIR OWN EFFORTS, AS SUCH EFFORTS ARE PRESUPPOSED BY ARTICLE 226 WHICH IS INTENDED TO PERMIT THE SECTOR IN DIFFICULTY TO ADJUST ITSELF TO THE COMMON MARKET .

4 . AS THE COMMISSION IS OBLIGED BY ARTICLE 226 OF THE EEC TREATY TO GIVE PRIORITY TO SUCH MEASURES AS WILL LEAST DISTURB THE FUNCTIONING OF THE COMMON MARKET, IT MUST TAKE INTO ACCOUNT THAT IN CASES OF DOUBT THE 'COMMON' CHARACTERISTIC OF THE MARKET SUFFERS LESS IF DEROGATION FROM THE RULES OF THE TREATY IS MADE ONLY WITHIN THE FRAMEWORK OF THE RELATIONS BETWEEN TWO MEMBER STATES .

5 . IN AUTHORIZING PROTECTIVE MEASURES, THE COMMISSION IS ENTITLED TO MAKE A DISTINCTION ACCORDING TO THE COUNTRIES AND NOT ONLY ACCORDING TO THE UNDERTAKINGS OF THE COMMON MARKET, ASSUMING THAT THERE ARE REASONABLE GROUNDS FOR SUCH A DISTINCTION .

THIS IS SO WHEN IT IS POSSIBLE TO FIND, WITHIN A GIVEN COUNTRY, A PRICE LEVEL WHICH IS CLEARLY DIFFERENT FROM THE PRICE LEVEL IN THE OTHER COUNTRIES .

6 . THE DIFFERENT TREATMENT OF DISSIMILAR SITUATIONS DOES NOT LEAD AUTOMATICALLY TO THE CONCLUSION THAT THERE IS DISCRIMINATION, AS AN APPEARANCE OF DISCRIMINATION IN FORM MAY CORRESPOND IN FACT TO AN ABSENCE OF DISCRIMINATION IN SUBSTANCE .

DISCRIMINATION IN SUBSTANCE MAY CONSIST NOT ONLY IN TREATING SIMILAR SITUATIONS DIFFERENTLY, BUT ALSO IN TREATING DIFFERENT SITUATIONS IDENTICALLY .
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1 . OFFICIALS - ESTABLISHMENT UNDER THE STAFF REGULATIONS - GRADE OF ESTABLISHMENT

( EEC STAFF REGULATIONS, ARTICLE 102(1 ))

2 . OFFICIALS - CORRESPONDENCE OF GRADE TO POST - OBLIGATION TO CONSIDER THIS FACTOR AFTER ESTABLISHMENT UNDER THE STAFF REGULATIONS

( EEC STAFF REGULATIONS, ARTICLE 102, ANNEX I )

Summary

1 . WITHIN THE MEANING OF ARTICLE 102(1 ) OF THE STAFF REGULATIONS OF THE EEC, SERVANTS ARE TO BE ESTABLISHED UNDER THOSE REGULATIONS IN THE GRADE AND AT THE STEP IMPLIEDLY ACCORDED THEM BEFORE THE REGULATIONS ENTERED INTO FORCE, WITHOUT ITS BEING NECESSARY DURING THIS FIRST PHASE OF THE ESTABLISHMENT OF SERVANTS UNDER THE STAFF REGULATIONS TO TAKE INTO ACCOUNT POSSIBLE DIFFERENCES BETWEEN THIS GRADE AND THAT WHICH SHOULD CORRESPOND TO THE POST IN THE LIGHT OF THE DUTIES WHICH IT INVOLVES .

2 . ANY SERVANT WHO, AFTER ESTABLISHMENT UNDER THE STAFF REGULATIONS, WAS MAINTAINED IN AN ALREADY EXISTING POST WHICH, IN THE LIGHT OF THE DUTIES WHICH IT INVOLVED, SHOULD CORRESPOND UNDER THE NEW STAFF REGULATIONS TO A HIGHER GRADE THAN THAT OBTAINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 102, IS ENTITLED TO HAVE HIS POSITION REGULARIZED ACCORDING TO THE PRINCIPLE OF THE CORRESPONDENCE BETWEEN DUTIES AND GRADES DRAWN UP IN ANNEX I .
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WRONGFUL ACT OR OMISSION - DAMAGE - METHOD OF ASSESSMENT - REVIEW BY THE COURT

( ECSC TREATY, ARTICLE 40 )

Summary

WHEN IT IS NECESSARY, IN ASSESSING THE DAMAGE ARISING OUT OF A WRONGFUL ACT OR OMISSION, TO CONSIDER THE SITUATION AS IT WOULD HAVE BEEN IF THERE HAD BEEN NO WRONGFUL ACT OR OMISSION, THE COURT MUST, WHILST INSISTING THAT ALL AVAILABLE EVIDENCE BE PRODUCED, ACCEPT REALISTIC APPROXIMATIONS SUCH AS AVERAGES WHICH HAVE BEEN ESTABLISHED BY MEANS OF COMPARISONS . THE SAMPLING METHODS HABITUALLY USED IN ECONOMIC SURVEYS MAKE IT POSSIBLE TO REACH ACCEPTABLE APPROXIMATIONS PROVIDED THAT THE BASIC FACTS ARE SUFFICIENTLY RELIABLE .
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1 . OFFICIALS - GRADING WHICH CAN NO LONGER BE CONTESTED - PUBLICATION BY THE ADMINISTRATION OF A TABLE DEFINING THE DUTIES OF OFFICIALS - IMPORTANT NEW FACT - APPLICATION FOR REVIEW OF THE DECISION ON GRADING - PERMISSIBILITY

2 . OFFICIALS - GRADING - NO RIGHT TO A PARTICULAR POST BASED ON AN INTERNAL ADMINISTRATIVE PROPOSAL FOR THE IMPROVEMENT OF THE SERVICE

3 . OFFICIALS - APPEAL AGAINST A GENERAL MEASURE FOR THE ORGANIZATION OF DEPARTMENTS - INADMISSIBILITY

( STAFF REGULATION OF OFFICIALS OF THE EEC, ARTICLE 91 )

Summary

1 . THE PUBLICATION OF A TABLE DEFINING THE DUTIES AND POWERS ATTACHING TO EACH POST CAN BE REGARDED AS AN IMPORTANT NEW FACT ENABLING AN OFFICIAL AFFECTED BY IT TO REQUEST THE ADMINISTRATION TO RETRACT A DECISION WHICH CAN NO LONGER BE CONTESTED .

2 . AN INTERNAL ADMINISTRATIVE DOCUMENT, INTENDED TO CAUSE THE BUDGETARY AUTHORITY TO IMPROVE THE ORGANIZATION OF A DEPARTMENT CANNOT BY ITSELF CONSTITUTE LEGAL RECOGNITION OF THE RIGHT OF AN OFFICIAL TO A GRADING CORRESPONDING TO A PARTICULAR POST .

3 . THE ADMINISTRATION IS ALONE RESPONSIBLE FOR GENERAL MEASURES FOR THE ORGANIZATION OF DEPARTMENTS; SUCH MEASURES CANNOT ADVERSELY AFFECT OFFICIALS (' FAIRE GRIEF ') WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS AND CANNOT THEREFORE BE THE SUBJECT OF AN APPEAL .
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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - INTERPRETATION

( EEC TREATY, ARTICLE 177 )

2 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

3 . ELIMINATION OF QUANTITATIVE RESTRICTIONS - PROCESS

Summary

1 . CF . PARA . 1 OF SUMMARY IN CASE 6/64, ( 1964 ) ECR 585 .

IN THE CONTEXT OF REQUESTS FOR PRELIMINARY RULINGS, THE COURT HAS NO JURISDICTION EITHER TO APPLY THE TREATY TO A SPECIFIC CASE OR TO DECIDE UPON THE VALIDITY OF A PROVISION OF DOMESTIC LAW IN RELATION TO THE TREATY, AS IT WOULD BE POSSIBLE FOR IT TO DO UNDER ARTICLE 169 . NEVERTHELESS, THE COURT HAS POWER TO EXTRACT FROM A QUESTION IMPERFECTLY FORMULATED BY THE NATIONAL COURT THOSE QUESTIONS WHICH ALONE PERTAIN TO THE INTERPRETATION OF THE TREATY .

*/ 664J0006 /*.

2 . CF . PARA . 2 OF SUMMARY IN CASE 6/64, ( 1964 ) ECR 585 . ARTICLE 177 IS BASED UPON A CLEAR SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE AND CANNOT EMPOWER THE LATTER EITHER TO INVESTIGATE THE FACTS OF THE CASE OR TO CRITICIZE THE GROUNDS AND PURPOSE OF THE REQUEST FOR INTERPRETATION .

*/ 664J0006 /*.

3 . THE TREATY DOES NOT IMPLY THE IMMEDIATE ABROGATION OF MEASURES FOR CONTROLLING IMPORTS EXISTING WHEN IT ENTERED INTO FORCE, BUT DOES ON THE OTHER HAND INVOLVE THE PROHIBITION OF ANY NEW RESTRICTION OR DISCRIMINATION, THE OBLIGATION PROGRESSIVELY TO ABOLISH EXISTING RESTRICTIONS AND DISCRIMINATIONS AND THE NECESSITY THAT THEY SHOULD DISAPPEAR TOTALLY AT THE LATEST BY THE END OF THE TRANSITIONAL PERIOD .
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1 . MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - VALIDITY - CONDITIONS OF ESSENTIAL PROCEDURAL REQUIREMENTS - PROVISIONS RELATING THERETO - PROHIBITION ON THE EXTENSION OF THEIR APPLICATION

2 . FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - DISCRIMINATORY RULES - AMENDMENT - ABSENCE OF VESTED RIGHTS

( ECSC TREATY, ARTICLE 53 )

Summary

1 . CF . PARAGRAPH 5, SUMMARY IN CASE 111/63, ( 1965 ) ECR 677 .

A PROVISION WHICH LAYS DOWN THE ESSENTIAL PROCEDURAL REQUIREMENTS FOR THE VALIDITY OF CERTAIN DECISIONS MUST BE STRICTLY CONSTRUED .

*/ 663J0111 /*.

2 . CF . PARAGRAPH 9, SUMMARY IN CASE 111/63, ( 1965 ) ECR 677 .

IN THE EQUALIZATION SCHEME, WHICH IS BASED ON A CLOSE INTERDEPENDENCE BETWEEN THE CONTRIBUTIONS OF EACH PARTICIPANT, IT IS PERMISSIBLE TO ALTER SITUATIONS CREATED BY RULES WHICH, IF THEY ARE ALLOWED TO CONTINUE IN FORCE, WOULD CONFER UNJUSTIFIED BENEFIT ON CERTAIN UNDERTAKINGS COMPARED WITH OTHERS AND WOULD THEREFORE JEOPARDIZE THE OBJECTIVES OF THE SCHEME .

*/ 663J0111 /*.
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1 . OFFICIALS - INTEGRATION - WAIVER OF THE BENEFIT OF THE CONTRACT OF EMPLOYMENT MADE PRIOR TO THE ENTRY INTO FORCE OF THE STAFF REGULATIONS - APPEAL BASED ON THIS CONTRACT AGAINST A PART OF THE INTEGRATION DECISION - ADMISSIBILITY

( EAEC STAFF REGULATIONS, ARTICLES 91, 102, 104 )

2 . OFFICIALS - INTEGRATION - APPEAL AGAINST CLASSIFICATION AWARDED BY THE INTEGRATION DECISION - ADMISSIBILITY

( EAEC STAFF REGULATIONS, ARTICLE 102 )

3 . OFFICIALS - APPEALS - MEASURES PREPARATORY TO A DECISION - ABSENCE OF AN ACT ADVERSELY AFFECTING THE OFFICIAL CONCERNED

( EAEC STAFF REGULATIONS, ARTICLE 91 )

4 . OFFICIALS - INTEGRATION - INTEGRATION MEASURES - GROUND OF COMPLAINT TO BE RAISED BY MEANS OF AN ACTION AGAINST THE DECISION OF THE ADMINISTRATION CONSTITUTING THE FORMAL TERMINATION OF THE INTEGRATION PROCEDURE

( EAEC STAFF REGULATIONS, ARTICLES 91, 102 )

5 . OFFICIALS - INTEGRATION - INTEGRATION PROCEDURE - WRITTEN EVIDENCE OF THE ENTIRE PROCEDURE REQUIRED WHERE THERE IS REASON TO DOUBT THE REGULARITY OF THE PROCEDURE

( EAEC STAFF REGULATIONS, ARTICLE 102 )

Summary

1 . WAIVER OF THE BENEFIT OF THE CONTRACT OF EMPLOYMENT MADE PRIOR TO THE ADOPTION OF THE STAFF REGULATIONS, WHEREBY THE STAFF REGULATIONS ARE SUBSTITUTED FOR THE CONTRACT DOES NOT PREVENT THE CONTRACT ITSELF FROM CONSTITUTING A LEGALLY SIGNIFICANT FACTOR IN THE APPLICATION OF ARTICLE 102 OF THE REGULATIONS .

2 . AN OFFICIAL SUBJECTED TO THE INTEGRATION PROCEDURE UNDER THE STAFF REGULATIONS MAY CONTEST THE INTEGRATION DECISION IN SO FAR AS IT CONCERNS HIS CLASSIFICATION .

3 . THE MEASURES PREPARATORY TO A DECISION CANNOT CONSTITUTE AN ACT ADVERSELY AFFECTING AN OFFICIAL WITHIN THE MEANING OF ARTICLE 91 OF THE REGULATIONS .

4 . ANY COMPLAINT CONCERNING THE INTEGRATION MEASURES CAN ONLY BE MADE EFFECTIVELY THROUGH AN APPEAL AGAINST THE DECISION OF THE ADMINISTRATION WHICH CONSTITUTES THE FINAL STEP IN THE INTEGRATION PROCEDURE .

5 . THE ADMINISTRATION IS NOT BOUND TO PRODUCE WRITTEN EVIDENCE ON ALL QUESTIONS CONCERNING THE INTEGRATION PROCEDURE UNLESS THERE IS REASON TO SUSPECT THAT THERE ARE DEFECTS IN THE PROCEDURE .
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1 . PRELIMINARY RULING - OBJECT - VALIDITY OF A MEASURE ADOPTED BY A COMMUNITY INSTITUTION - JURISDICTION OF THE COURT

( EEC TREATY, ARTICLE 177 )

2 . MEASURES ADOPTED BY AN INSTITUTION - STATEMENT OF REASONS - GENERAL PRINCIPLES

( EEC TREATY, ARTICLE 190 )

3 . MEASURES ADOPTED BY AN INSTITUTION - STATEMENT OF REASONS - SERIES OF DECISIONS - REFERENCE TO SUBSISTING REASONS GIVEN IN THE ORIGINAL DECISION - PERMISSIBILITY

( EEC TREATY, ARTICLE 190 )

4 . AGRICULTURE - CEREALS - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS HARVESTED IN AN EXPORTING MEMBER STATE - PRODUCTS IN FREE CIRCULATION IN THAT COUNTRY - NO DISTINCTION

( REGULATION NO 19 OF THE COUNCIL, ARTICLES 2 AND 3 )

Summary

1 . IF IT APPEARS THAT THE REAL PURPOSE OF THE QUESTIONS SUBMITTED BY A NATIONAL COURT IS CONCERNED RATHER WITH THE VALIDITY OF COMMUNITY MEASURES THAN WITH THEIR INTERPRETATION, IT IS APPROPRIATE FOR THE COURT TO INFORM THE NATIONAL COURT AT ONCE OF ITS VIEW WITHOUT COMPELLING THE NATIONAL COURT TO COMPLY WITH PURELY FORMAL REQUIREMENTS WHICH WOULD USELESSLY PROLONG THE PROCEDURE UNDER ARTICLE 177 AND WOULD BE CONTRARY TO ITS VERY NATURE .

2 . THE DEGREE OF PRECISION OF A STATEMENT OF REASONS IN A MEASURE MUST BE WEIGHED AGAINST PRACTICAL REALITIES AND THE TIME AND TECHNICAL FACILITIES AVAILABLE FOR MAKING IT . IF NECESSARY THE ADMINISTRATION IS ENTITLED TO CONFINE ITSELF TO SETTING OUT IN A GENERAL FORM THE ESSENTIAL FACTORS AND THE PROCEDURE WHICH FORMED THE BACKGROUND TO ITS EVALUATION OF THE FACTS WITHOUT ITS BEING NECESSARY TO SPECIFY THE FACTS THEMSELVES .

3 . WHERE THERE IS A SUCCESSION OF DECISIONS ON THE SAME SUBJECT, THE STATEMENT OF REASONS MAY VALIDLY CONSIST OF A REFERENCE TO THE SUBSISTING GENERAL CONSIDERATIONS SET OUT IN THE ORIGINAL DECISION .

4 . IT WAS NOT THE INTENTION IN REGULATION NO 19 TO DISTINGUISH BETWEEN PRODUCTS HARVESTED IN THE EXPORTING MEMBER STATE AND THOSE IN FREE CIRCULATION WITHIN IT .
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1 . MEMBER STATES OF THE EEC - ABSOLUTE OBLIGATION UNDER THE TREATY - CONCEPT - RIGHTS OF INDIVIDUALS - PROTECTION OF SUCH RIGHTS BY NATIONAL COURTS

2 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - INTERNAL TAXATION OF ONE MEMBER STATE IMPOSED ON THE PRODUCTS OF OTHER MEMBER STATES - PROHIBITION OF DISCRIMINATION AS COMPARED WITH CHARGES ON THE DOMESTIC PRODUCTS OF THAT STATE - ENTRY INTO FORCE OF THIS RULE - ITS NATURE AND CONSEQUENCES - RIGHTS OF INDIVIDUALS - PROTECTION OF SUCH RIGHTS BY NATIONAL COURTS

( EEC TREATY, ARTICLE 95 )

3 . DELETED

4 . CUSTOMS DUTIES AND INTERNAL TAXATION - JOINT APPLICABILITY TO THE SAME CASE OF PROVISIONS RELATING THERETO - IMPOSSIBILITY OF SUCH JOINT APPLICATION

( EEC TREATY, ARTICLES 12, 13, 95 )

5 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - INTERNAL TAXATION - CHARGES INTENDED TO OFFSET ITS EFFECT - NATURE OF INTERNAL TAXATION

( EEC TREATY, ARTICLE 95 )

Summary

1 . CF . PARA . 7, SUMMARY, CASE 6/64, ( 1964 ) ECR 587 .

A MEMBER STATE'S OBLIGATION UNDER THE EEC TREATY, WHICH IS NEITHER SUBJECT TO ANY CONDITIONS NOR, AS REGARDS ITS EXECUTION OR EFFECT, TO THE ADOPTION OF ANY MEASURE EITHER BY THE STATES OR BY THE COMMISSION, IS LEGALLY COMPLETE AND CONSEQUENTLY CAPABLE OF PRODUCING DIRECT EFFECTS ON THE RELATIONS BETWEEN MEMBER STATES AND INDIVIDUALS . SUCH AN OBLIGATIONS BECOMES AN INTEGRAL PART OF THE LEGAL SYSTEM OF THE MEMBER STATES, AND THUS FORMS PART OF THEIR OWN LAW, AND DIRECTLY CONCERNS THEIR NATIONALS IN WHOSE FAVOUR IT HAS CREATED INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .

*/ 664J0006 /*.

2 . THE FIRST PARAGRAPH OF ARTICLE 95 HAS DIRECT EFFECTS AND CREATES INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .

AS A RESULT OF THE THIRD PARAGRAPH OF ARTICLE 95, THE FIRST PARAGRAPH OF THAT ARTICLE APPLIES TO THE PROVISIONS IN EXISTENCE AT THE TIME OF THE ENTRY INTO FORCE OF THE TREATY ONLY FROM THE BEGINNING OF THE SECOND STAGE OF THE TRANSITIONAL PERIOD .

3 . DELETED .

4 . ARTICLES 12 AND 13, ON THE ONE HAND, AND ARTICLE 95 ON THE OTHER CANNOT BE APPLIED JOINTLY TO ONE AND THE SAME CASE .

5 . A CHARGE INTENDED TO OFFSET THE EFFECT OF INTERNAL TAXATION THEREBY TAKES ON THE INTERNAL CHARACTER OF THE TAXATION WHOSE EFFECT IT IS INTENDED TO OFFSET .
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1 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - CONTRIBUTIONS - EXEMPTION - PRINCIPLES

( ECSC TREATY, ARTICLE 53 )

2 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - FERROUS SCRAP - EXEMPTION - OWN RESOURCES - CONCEPT

( ECSC TREATY, ARTICLE 53 )

Summary

1 . CF . PARAGRAPH 1, SUMMARY IN CASE 3/65 ( 1965 ) ECR 1065 .

THE CONDITIONS FOR GRANTING EXEMPTION FROM CONTRIBUTIONS UNDER AN EQUALIZATION SCHEME MUST BE INTERPRETED STRICTLY AND MUST BE CONSISTENT WITH THE AIMS, THE BASIC PRINCIPLES AND REQUIREMENTS FOR THE PROPER FUNCTIONING OF SUCH A SCHEME, IN PARTICULAR THE PRINCIPLE OF THE EQUAL LIABILITY OF ALL THOSE AFFECTED TO PAY CONTRIBUTIONS SHARED IN PROPORTION TO THE AMOUNTS RESPECTIVELY CONSUMED, AND THE REQUIREMENT THAT THE SCHEME BE APPLIED IMPARTIALLY TO ALL THOSE SUBJECT TO IT .

NO EXEMPTION FROM EQUALIZATION CONTRIBUTIONS CAN BE ALLOWED WHICH WOULD TEND TO INCREASE SUBSTANTIALLY DIFFERENCES IN PRODUCTION COSTS, OTHERWISE THAN BY ALTERING THE LEVEL OF OUTPUT, AND THEREBY BRING ABOUT AN APPRECIABLE DISEQUILIBRIUM IN THE COMPETITIVE RELATIONSHIPS BETWEEN UNDERTAKINGS .

*/ 665J0003 /*.

2 . CF . PARAGRAPH 2, SUMMARY IN CASE 3/65 ( 1965 ) ECR 1065 .

ANY EXEMPTION FROM EQUALIZATION CONTRIBUTIONS WHICH DEPENDS NOT ON THE WAY IN WHICH AN UNDERTAKING ARRANGES ITS PRODUCTION BUT ON THE CONTRACTUAL RELATIONSHIPS WHICH IT HAS WITH OTHER UNDERTAKINGS IS NOT COMPATIBLE WITH THE EQUALIZATION SCHEME . CLASSIFICATION OF SCRAP AS 'OWN RESOURCES' IS NOT NECESSARILY DEPENDENT ON THE CONCEPT OF OWNERSHIP OF THE SCRAP, BUT IS INTENDED TO APPLY IN THE MAIN TO SCRAP WHICH IS GENUINELY THE PRODUCT OF AN UNDERTAKING'S OWN ACTIVITY .

*/ 665J0003 /*.
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1 . PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - EXPIRY - UNFORESEEABLE CIRCUMSTANCES

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC, THIRD PARAGRAPH OF ARTICLE 39 )

2 . PROCEDURE - APPLICATION - MEASURES FORMING A SINGLE WHOLE - SUBJECT-MATTER OF ACTION

3 . PROCEDURE - OBJECTION OF ILLEGALITY - GENERAL DECISION - DIRECT LEGAL RELATIONSHIP - MEASURES FORMING A WHOLE - ADMISSIBILITY

( ECSC TREATY, ARTICLE 36 )

4 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - CALCULATION OF CONTRIBUTIONS - ESTIMATED ASSESSMENT - CONDITIONS

( ECSC TREATY, ARTICLE 53 )

Summary

1 . AN UNFORESEEABLE CIRCUMSTANCE WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 39 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC MAY BE CONSTITUTED BY THE DELAY IN THE LODGING OF AN APPLICATION BY REASON OF THE FACT THAT IT IS ONLY RECEIVED BY THE COURT SOME TIME AFTER ITS ARRIVAL AT THE PLACE WHERE THE COURT HAS ITS SEAT .

2 . AN APPLICATION EXPRESSLY DIRECTED AGAINST A MEASURE WHICH IS ONE OF A NUMBER OF MEASURES CONSTITUTING A SINGLE WHOLE MUST BE REGARDED AS DIRECTED ALSO, SO FAR AS IS NECESSARY AGAINST THE OTHERS .

3 . WHERE AN APPLICATION IS MADE AGAINST A MEASURE WHICH IS ONE OF A NUMBER OF MEASURES CONSTITUTING A SINGLE WHOLE, THE APPLICANT IS ENTITLED TO PLEAD THE ILLEGALITY OF A GENERAL DECISION ON WHICH ONE OF THE SAID INDIVIDUAL MEASURES IS BASED .

4 . CF . PARA . 2, SUMMARY, JOINED CASES 9 AND 58/65, ( 1967 ) ECR 1 .

IN ORDER TO BE ENTITLED TO MAKE AN ESTIMATED ASSESSMENT, THE HIGH AUTHORITY MUST PROVE THAT THE UNDERTAKING IN QUESTION HAS FAILED EITHER TO PRODUCE THE INFORMATION NECESSARY FOR CALCULATING ITS CONTRIBUTIONS OR TO SUPPLY PROOF IN SUPPORT OF IT .

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