ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - RECRUITMENT - COMPETITION - APPEAL AGAINST A DECISION OF APPOINTMENT - ADMISSIBILITY OF CONCLUSIONS SEEKING THE ANNULMENT OF A COMPETITION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLES 29 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - HOLDING OR REHOLDING OF A COMPETITION - EXCLUSIVE POWERS OF THE ADMINISTRATION - LIMIT OF THE JURISDICTION OF THE COURT

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLES 29 AND 91 )

Summary

1 . CONCLUSIONS SEEKING THE ANNULMENT OF A COMPETITION ARE ADMISSIBLE ONLY IN SO FAR AS THEY SUPPORT THE APPLICATION WHICH IS DIRECTED AGAINST THE DECISION OF APPOINTMENT FOLLOWING UPON THE COMPETITION .

2 . ASSESSMENT OF THE EXPEDIENCY OR NECESSITY OF ORGANIZING A COMPETITION LIES WITHIN THE EXCLUSIVE DOMAIN OF THE APPOINTING AUTHORITY . IN THESE CIRCUMSTANCES, THE COURT CANNOT ORDER A COMPETITION TO BE HELD OR REHELD WITHOUT ENCROACHING UPON THE PREROGATIVES OF THE ADMINISTRATIVE AUTHORITY .
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1 . PROCEDURE - EXTENSION OF TIME-LIMITS ON ACCOUNT OF DISTANCE - APPLICANT'S PLACE OF RESIDENCE TO BE TAKEN INTO ACCOUNT

( RULES OF PROCEDURE, ANNEX II, ARTICLE I )

2 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL THROUGH OFFICIAL CHANNELS MADE WITHIN THE TIME-LIMIT FOR APPEAL TO THE COURT - TIME-LIMIT FOR APPEAL TO THE COURT PRESERVED

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLES 90, 91 )

3 . PROCEDURE - PRINCIPAL CLAIM - INADMISSIBILITY ENTAILING THAT OF ANCILLARY CLAIM

4 . PROCEDURE - PLEADINGS - DOCUMENTS PREJUDICIAL TO THIRD PARTIES TO BE REMOVED FROM THE FILE OF THE CASE - CONDITIONS

( RULES OF PROCEDURE, ARTICLE 37 )

Summary

1 . THE EXTENSION OF TIME-LIMITS ON ACCOUNT OF DISTANCE IS DEPENDENT SOLELY ON THE FACTS, THAT IS TO SAY, ON WHERE THE APPICANT IS HABITUALLY RESIDENT . THE PLACE OF RESIDENCE OF THE APPLICANT'S LAWYER CANNOT BE TAKEN INTO CONSIDERATION .

2 . CF . PARA . 1, SUMMARY, JUDGMENT IN JOINED CASES 27 AND 30/64, ( 1965 ) ECR 481 .

IT APPEARS FROM ARTICLES 90 AND 91 OF THE STAFF REGULATIONS, READ TOGETHER, THAT APPEALS THROUGH OFFICIAL CHANNELS ARE SUBJECT TO THE SAME TIME-LIMIT AS APPLIES TO APPEALS TO THE COURT OF JUSTICE, PROVIDED THAT THEY WERE THEMSELVES INSTITUTED WITHIN THE TIME LAID DOWN FOR APPEALS TO THE COURT . IN THE CASE OF A REJECTION OF AN APPEAL THROUGH OFFICIAL CHANNELS, THE DATE ON WHICH THE APPLICANT BECOMES AWARE OF THIS REJECTION CONSTITUTES THE TERMINATION OF THE ADMINISTRATIVE PROCEDURE AND MARKS THE DATE FROM WHICH TIME BEGINS TO RUN IN RESPECT OF THE TIME LIMIT FOR LODGING AN APPEAL TO THE COURT .

*/ 664J0027 /*.

3 . THE INADMISSIBILITY OF A PRINCIPAL CLAIM ENTAILS THAT OF ANY ANCILLARY CLAIM BASED ON IT .

4 . DOCUMENTS CAPABLE OF PREJUDICING THIRD PARTIES NOT INVOLVED IN THE PROCEEDINGS AND UNABLE TO DEFEND THEMSELVES MUST BE REMOVED FROM THE FILE OF THE CASE .
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PROCEDURE - MEASURES OF INQUIRY - APPLICATION FOR ADOPTION OF SUCH MEASURES - CONDITIONS OF ADMISSIBILITY

( RULES OF PROCEDURE, ARTICLE 45 )

Summary

AN APPLICATION FOR THE ADOPTION OF MEASURES OF INQUIRY MADE BY A PARTY CANNOT BE ACCEPTED IF THAT PARTY OFFERS NO EVIDENCE WHATEVER TO JUSTIFY SUCH MEASURES .
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FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - LANGUAGES - AUTHORITIES OF MEMBER STATES WITHIN THE MEANING OF ARTICLE 45(4 ) OF REGULATION NO 3 - NATIONAL COURTS TO BE INCLUDED THEREIN

Summary

THE COURTS OF A MEMBER STATE HAVING JURISDICTION IN SOCIAL SECURITY MATTERS ARE INCLUDED AMONGST THE AUTHORITIES WITHIN THE MEANING OF ARTICLE 45(4 ) OF REGULATION NO 3, WHICH MAY NOT REJECT CLAIMS, OR OTHER DOCUMENTS SUBMITTED TO THEM, ON THE GROUNDS THAT THEY ARE WRITTEN IN AN OFFICIAL LANGUAGE OF ANOTHER MEMBER STATE .
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1 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - PROHIBITIONS - RESTRICTIVE NATURE

( EEC TREATY, ARTICLE 85(1 ))

2 . POLICY OF THE EEC - RULES ON COMPETITION - PATENTS - PROHIBITIONS IN ARTICLES 85 AND 86 OF THE EEC TREATY - NOT APPLICABLE TO PATENTS AS SUCH - POSSIBLE APPLICABILITY TO CASES OF IMPROPER USE

3 . POLICY OF THE EEC - RULES ON COMPETITION - PATENTS - USE - SALE PRICE OF THE PATENTED PRODUCT - HIGHER PRICE AS COMPARED WITH THE UNPATENTED PRODUCT - SUCH DIFFERENCE NOT NECESSARILY IMPROPER

( EEC TREATY, ARTICLE 85 )

Summary

1 . THE RESTRICTIVE NATURE OF ARTICLE 85(1 ) IS INCOMPATIBLE WITH ANY EXTENSION OF THE PROHIBITION FOR WHICH IT PROVIDES BEYOND THE THREE CATEGORIES OF AGREEMENT EXCLUSIVELY ENUMERATED THEREIN .

2 . THE EXISTENCE OF THE RIGHTS GRANTED BY A MEMBER STATE TO THE HOLDER OF A PATENT IS NOT AFFECTED BY THE PROHIBITIONS CONTAINED IN ARTICLES 85(1 ) AND 86 OF THE TREATY . THE EXERCISE OF SUCH RIGHTS CANNOT OF ITSELF FALL EITHER UNDER ARTICLE 85(1 ), IN THE ABSENCE OF ANY AGREEMENT, DECISION OR CONCERTED PRACTICE PROHIBITED BY THIS PROVISION, OR UNDER ARTICLE 86, IN THE ABSENCE OF ANY ABUSE OF A DOMINANT POSITION .

3 . A HIGHER SALE PRICE FOR THE PATENTED PRODUCT AS COMPARED WITH THAT OF THE UNPATENTED PRODUCT COMING FROM ANOTHER MEMBER STATE DOES NOT NECESSARILY CONSTITUTE AN ABUSE OF A DOMINANT POSITION .
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1 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - CUMULATIVE MULTI-STAGE TAX - AVERAGE RATES FOR IMPORTED PRODUCTS WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 97 - NO INDIVIDUAL RIGHTS

2 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - CUMULATIVE MULTI-STAGE TAX - AVERAGE RATES FOR IMPORTED PRODUCTS OR GROUPS OF IMPORTED PRODUCTS - ESTABLISHMENT BY MEMBER STATES - VALIDITY

( EEC TREATY, ARTICLE 97 )

3 . 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 AND 95 )

4 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - TAXATION INTENDED TO PUT NATIONAL PRODUCTS AND IMPORTED PRODUCTS IN A COMPARABLE TAX POSITION - NATURE OF INTERNAL TAXATION

( EEC TREATY, ARTICLE 95 )

Summary

1 . CF . PARAGRAPH 4, SUMMARY, CASE 28/67 . ( 1968 ) ECR 143 .

THE FIRST PARAGRAPH OF ARTICLE 97, WHICH APPLIES WHERE MEMBER STATES OPERATING A TURNOVER TAX ACCORDING TO A CUMULATIVE MULTI-STAGE TAX SYSTEM HAVE ACTUALLY EXERCISED THE RIGHT THEREIN GRANTED TO THEM, DOES NOT, IN THE PRESENT STATE OF COMMUNITY LAW, CREATE INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT . IT IS THEREFORE NOT FOR NATIONAL COURTS TO APPRAISE WHETHER AVERAGE RATES ESTABLISHED BY MEMBER STATES CONFORM TO THE PRINCIPLES OF ARTICLE 95 .

*/ 667J0028 /*.

2 . CF . PARAGRAPH 5, SUMMARY, CASE 28/67 . ( 1968 ) ECR 143 .

IN STATES WHICH HAVE EXERCISED THE POWER MADE AVAILABLE TO THEM BY ARTICLE 97, RATES ARE CONSIDERED AS 'AVERAGE RATES' IF THEY ARE ESTABLISHED AS SUCH BY THE STATES IN QUESTION, WITHOUT PREJUDICE TO THE OPERATION OF THE SECOND PARAGRAPH OF THAT ARTICLE .

*/ 667J0028 /*.

3 . CF . PARAGRAPH 4, SUMMARY, CASE 57/65, ( 1966 ) ECR 205 .

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

*/ 665J0057 /*.

4 . A TAX WHICH IS LEVIED WITHIN THE FRAMEWORK OF TURNOVER TAX LEGISLATION AND IS DESIGNED TO PLACE ALL CATEGORIES OF PRODUCTS BOTH DOMESTIC AND IMPORTED IN A COMPARABLE TAX SITUATION CONSTITUTES ' INTERNAL TAXATION ' WITHIN THE MEANING OF ARTICLE 95 .
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OFFICIALS - OTHER SERVANTS - TEMPORARY STAFF - STAFF EMPLOYED TO FILL POSTS WITH A POLITICAL GROUP IN THE EUROPEAN PARLIAMENTARY ASSEMBLY - CONTRACT FOR AN INDEFINITE PERIOD - CLAUSE RELATING TO NOTICE - TERMINATION OF THE CONTRACT - NO STATEMENT OF REASONS REQUIRED

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTICLES 11 AND 47 )

Summary

THE JUSTIFICATION FOR THE UNILATERAL TERMINATION OF A CONTRACT OF EMPLOYMENT FOR AN INDEFINITE PERIOD CONTAINING A CLAUSE STATING THE PERIOD OF NOTICE , SUCH TERMINATION BEING EXPRESSLY PROVIDED FOR BY ARTICLE 47 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , IS TO BE FOUND IN THE CONTRACT OF EMPLOYMENT AND REASONS DO NOT HAVE TO BE STATED FOR IT . IN THIS RESPECT THE POSITION OF TEMPORARY STAFF IS FUNDAMENTALLY DISTINCT FROM THAT OF OFFICIALS UNDER THE STAFF REGULATIONS ; IN PARTICULAR , THERE IS NO BASIS FOR THE ANALOGY WHICH JUSTIFIES AND LIMITS THE REFERENCE CONTAINED IN ARTICLE 11 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS TO ARTICLE 25 OF THE STAFF REGULATIONS OF OFFICIALS .
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1 . PROCEDURE - APPLICATION - REQUIREMENTS OF FORM - SUBMISSIONS MADE - MISTAKE IN DESIGNATION OF RELEVANT PROVISION - ADMISSIBILITY

( PROTOCOL ON THE STATUTE OF THE COURT, ARTICLE 19; RULES OF PROCEDURE OF THE COURT, ARTICLE 38 )

2 . DISCIPLINARY PROCEDURE - RIGHTS OF THE DEFENCE - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ANNEX IX, ARTICLE 7 )

Summary

1 . A MISTAKE MADE BY THE APPLICANT IN DESIGNATING THE RELEVANT PROVISION CANNOT LEAD TO THE INADMISSIBILITY OF THE SUBMISSION PUT FORWARD .

2 . THE DISCIPLINARY AUTHORITY DOES NOT PREJUDICE THE RIGHTS OF THE DEFENCE BY IMPOSING A DISCIPLINARY SANCTION IN THE ABSENCE OF THE OFFICIAL CONCERNED, WHEN THAT ABSENCE IS ATTRIBUTABLE EXCLUSIVELY TO THE BEHAVIOUR OF THE LATTER .
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1 . EEC - LEGISLATIVE POWERS - TRANSFER OF POWERS BY MEMBER STATES IMPLIES THAT THEY HAVE SURRENDERED THEM - MEMBER STATES FORBIDDEN TO ALTER THE SCOPE OF COMMUNITY REGULATIONS OR TO SUPPLEMENT THE PROVISIONS THEREOF

( EEC TREATY, ARTICLE 189 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - POULTRYMEAT - ADAPTATION BY MEMBER STATES OF THEIR NATIONAL LAWS TO COMMUNITY RULES - ANY ALTERATION OF SCOPE OF SUCH RULES PROHIBITED

( REGULATION NO 22/62 OF THE COUNCIL OF THE EEC, ARTICLE 14 )

3 . AGRICULTURE - COMMON ORGANIZATIONS OF THE MARKETS - POULTRYMEAT - ENUMERATION BY ARTICLE 1 OF REGULATION NO 22 OF THE COUNCIL OF GOODS INCLUDED IN THE COMMON CUSTOMS TARIFF - APPLICATION OF THIS DESCRIPTION - MEMBER STATES FORBIDDEN TO ISSUE BINDING RULES OF INTERPRETATION

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CLASSIFICATION FOR TARIFF PURPOSES - RULES OF CLASSIFICATION - GOODS AKIN ONE TO ANOTHER - CRITERIA OF SIMILARITY

( REGULATION NO 950/68 OF THE COUNCIL OF THE EC, RULES FOR INTERPRETATION, RULE 5 )

Summary

1 . TO THE EXTENT TO WHICH MEMBER STATES HAVE TRANSFERRED LEGISLATIVE POWERS TO THE COMMUNITY IN A SPECIFIC FIELD THE LEGISLATIVE POWERS OF MEMBER STATES CEASE TO EXIST IN THIS FIELD . AS COMMUNITY REGULATIONS ARE DIRECTLY APPLICABLE IN ALL MEMBER STATES, THE LATTER, UNLESS OTHERWISE EXPRESSLY PROVIDED, ARE PRECLUDED FROM TAKING STEPS, FOR THE PURPOSE OF APPLYING SUCH REGULATIONS, WHICH ARE INTENDED TO ALTER THEIR SCOPE OR SUPPLEMENT THEIR PROVISIONS .

2 . ARTICLE 14 OF REGULATION NO 22 OF THE COUNCIL OF THE EC OF 4 APRIL 1962 IS TO BE INTERPRETED AS MEANING THAT MEMBER STATES MUST TAKE THE NECESSARY STEPS TO ELIMINATE ANY OBSTACLES TO ITS APPLICATION WHICH MAY ARISE UNDER THEIR OWN LEGISLATION, ALTHOUGH THEY ARE NOT PERMITTED TO ADOPT ANY INTERNAL MEASURES AFFECTING THE SCOPE OF THE REGULATION ITSELF .

3 . ARTICLE 1 OF REGULATION NO 22 OF THE COUNCIL OF THE EC OF 4 APRIL 1962 WHICH ENUMERATES SOME OF THE GOODS INCLUDED IN THE COMMON CUSTOMS TARIFF DOES NOT EMPOWER THE NATIONAL AUTHORITIES OF MEMBER STATES TO ISSUE BINDING RULES OF INTERPRETATION FOR THE APPLICATION OF THOSE DESCRIPTIONS .

4 . IN ACCORDANCE WITH A GENERAL RULE OF CLASSIFICATION FOR TARIFF PURPOSES, GOODS NOT FALLING WITHIN ANY HEADING OF THE TARIFF MUST BE CLASSIFIED UNDER THE HEADING APPROPRIATE TO THE GOODS TO WHICH THEY ARE MOST AKIN . THE QUESTION WHETHER GOODS ARE AKIN ONE TO ANOTHER IS TO BE DECIDED ON THE BASIS NOT ONLY OF THEIR PHYSICAL CHARACTERISTICS BUT ALSO OF THEIR USE AND COMMERCIAL VALUE . IN THE ABSENCE OF SPECIAL CIRCUMSTANCES THE COMMERCIAL VALUE OF GOODS IS THEIR MARKET PRICE .
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AGRICULTURE - PROCESSED PRODUCTS NOT COVERED BY THE TREATY - TRADE ARRANGEMENTS - SUGAR CONFECTIONERY AND FOOD PREPARATIONS CONTAINING COCOA - CUSTOMS DUTY BOUND UNDER GATT - MAY INCLUDE THE ADDITIONAL DUTY WHICH THE COMMUNITY HAS RESERVED THE RIGHT TO CHARGE

( REGULATION NO 160/66/EEC OF THE COUNCIL, ARTICLE 16 )

Summary

BY " CUSTOMS DUTY...BOUND UNDER GATT " AND IN RESPECT OF TARIFF HEADINGS NOS 17.04-C AND 18.06-B APPEARING IN SCHEDULE XL OF ANNEX B TO THE PROTOCOL TO THE GENERAL AGREEMENT ON CUSTOMS TARIFFS AND TRADE EMBODYING THE RESULTS OF THE 1960-61 TARIFF CONFERENCE, THE FIRST PARAGRAPH OF ARTICLE 16 OF REGULATION NO 160/66/EEC OF THE COUNCIL INCLUDES NOT ONLY THE 27% DUTY PROVIDED FOR BY THE AFOREMENTIONED PROVISIONS OF THAT PROTOCOL, BUT ALSO THE " ADDITIONAL DUTY ON SUGAR " MENTIONED IN FOOTNOTE ( A ) TO THE SAID HEADINGS .
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1 . COMMON CUSTOMS TARIFF - INTERPRETATION OF ONE TARIFF HEADING IN RELATION TO ANOTHER - CRITERIA

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - ASSIMILATED PRODUCTS - MANOIC FLOUR - CONCEPT

( REGULATION NO 19, ARTICLE 1 ( D ))

Summary

1 . THE INTERPRETATION OF ONE TARIFF HEADING IN RELATION TO ANOTHER MUST, IN A CASE OF DOUBT, TAKE INTO ACCOUNT BOTH THE FUNCTION OF THE CUSTOMS TARIFF IN REGARD TO THE NECESSITIES OF THE SYSTEMS OF ORGANIZATION OF THE MARKETS AND ITS PURELY CUSTOMS FUNCTION .

2 . THE EXPRESSION " MANIOC FLOURS " WITHIN THE MEANING OF ARTICLE 1 ( D ) OF REGULATION NO 19, READ IN CONJUNCTION WITH HEADING NO 11.06 OF THE COMMON CUSTOMS TARIFF, MENTIONED IN THE ANNEX TO THAT REGULATION, REFERS TO ALL FARINACEOUS SUBSTANCES OBTAINED FROM MANIOC ROOTS, IRRESPECTIVE OF THE TREATMENT WHICH THOSE ROOTS MAY HAVE UNDERGONE, WHERE THE PRODUCT HAS A STARCH CONTENT IN EXCESS OF 40 PER CENT .
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MEASURES ADOPTED BY AN INSTITUTION - REGULATION - CONCEPT

( EEC TREATY, ARTICLE 189 )

Summary

THE FACT THAT A GENERAL PROVISION DOES NOT HAVE THE SAME EFFECT ON ALL THOSE SUBJECT TO IT IS NOT IN ITSELF CAPABLE OF DEPRIVING IT OF ITS CHARACTER OF A REGULATION . IT IS, ON THE CONTRARY, IN THE NATURE OF A GENERAL PROVISION THAT WHEN UNIFORMLY APPLIED IT MAY AFFECT PERSONS CONCERNED IN DIFFERENT WAYS ACCORDING TO THEIR PARTICULAR SITUATION OR ACTIVITIES .

A PROVISION FIXING THE DATE FROM WHICH THE PROVISIONS OF A REGULATION SHALL TAKE EFFECT PARTAKES OF THE GENERAL NATURE, IN THE ABSENCE OF ANY MISUSE OF POWERS, OF THOSE PROVISIONS .
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AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - IMPORTATION FROM A MEMBER STATE - BENEFIT UNDER THE COMMUNITY SCHEME - CERTIFICATE D D4 REQUIRED

( REGULATION NO 13/64/EEC OF THE COUNCIL OF 5 FEBRUARY 1964 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( OJ NO 34 OF 27 . 2 . 1964, P . 549 ); DECISION OF THE COMMISSION OF 17 JULY 1962 SETTING UP SPECIAL METHODS OF ADMINISTRATIVE CO-OPERATION FOR APPLYING THE INTRA-COMMUNITY LEVIES SET UP UNDER THE COMMON AGRICULTURAL POLICY ( OJ NO 76 OF 24 . 8 . 1962, P . 2140 ))

Summary

SUBJECT TO THE EXCEPTIONS PROVIDED FOR THEREIN, REGULATION NO 13/64/EEC AND THE COMMISSION' S DECISION OF 17 JULY 1962 MUST BE " INTERPRETED TO MEAN THAT IMPORTERS OF GOODS FROM ANOTHER MEMBER STATE MAY ONLY BENEFIT FROM THE INTRA-COMMUNITY SCHEME IN RESPECT OF GOODS COVERED BY CERTIFICATE D D4 . THIS INTERPRETATION MUST ALSO BE APPLIED WHERE IT IS NECESSARY TO ESTABLISH THE AMOUNT OF LEVIES EVADED AS A RESULT OF FRAUDULENT IMPORTATION, EVEN THOUGH THE COMMUNITY ORIGIN OF THE PRODUCT IN QUESTION COULD BE ESTABLISHED BY MEANS OTHER THAN THE SAID CERTIFICATE .
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1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION OF THESE RIGHTS BY NATIONAL COURTS

( EEC TREATY, ARTICLE 9, ARTICLE 13 ( 2 ))

2 . COMMUNITY INSTITUTIONS - COMMON PROVISIONS - DIRECTIVES - DIRECT APPLICABILITY - CONDITIONS

( EEC TREATY, ARTICLE 189 )

Summary

1 . ARTICLES 9 AND 13 ( 2 ) TAKEN TOGETHER, INVOLVE, AT THE LATEST AT THE END OF THE TRANSITIONAL PERIOD, WITH REGARD TO ALL CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ON IMPORTS, A CLEAR AND PRECISE PROHIBITION ON EXACTING THE SAID CHARGES, WHICH IS NOT SUBJECT TO ANY RESERVATION FOR THE STATES TO SUBJECT ITS IMPLEMENTATION TO A POSITIVE ACT OF NATIONAL LAW OR TO AN INTERVENTION BY THE INSTITUTIONS OF THE COMMUNITY . THIS PROHIBITION LENDS ITSELF BY ITS VERY NATURE TO PRODUCING DIRECT EFFECTS IN THE LEGAL RELATIONS BETWEEN MEMBER STATES AND THEIR SUBJECTS . THEREFORE, FROM THE END OF THE TRANSITIONAL PERIOD, THESE PROVISIONS CONFER ON INDIVIDUALS, WITH REGARD TO ALL CHARGES HAVING EQUIVALENT EFFECT, TO WHICH SUCH PROVISIONS REFER, RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

2 . A DIRECTIVE THE OBJECT OF WHICH IS TO IMPOSE ON A MEMBER STATE A FINAL DATE FOR THE PERFORMANCE OF A COMMUNITY OBLIGATION DOES NOT CONCERN SOLELY THE RELATIONS BETWEEN THE COMMISSION AND THAT STATE, BUT ALSO ENTAILS LEGAL CONSEQUENCES OF WHICH BOTH THE OTHER MEMBER STATES CONCERNED IN ITS PERFORMANCE AND INDIVIDUALS MAY AVAIL THEMSELVES WHEN, BY ITS VERY NATURE, THE PROVISION ESTABLISHING THIS OBLIGATION IS DIRECTLY APPLICABLE .
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1 . COMMUNITY INSTITUTIONS - ADMINISTRATIVE DEPARTMENTS - POST - TRANSFER - DISCRETIONARY POWER OF THE ADMINISTRATION - NO CREATION OF NEW POST - TRANSFER OF THE OFFICIAL TOGETHER WITH HIS POST - NO VACANCY

2 . COMMUNITY INSTITUTIONS - ADMINISTRATIVE DEPARTMENTS - ORGANIZATIONAL POWER OF THE HIGHER AUTHORITIES - OBLIGATION TO RESPECT THE RIGHTS OF OFFICIALS

3 . OFFICIALS - DUTIES PERFORMED, GRADE AND POST - CORRESPONDENCE - POSSIBILITY OF THIS PRINCIPLE BEING INFRINGED BY THE WITHDRAWAL OF PART OF THE SERVICES WHICH ARE SUBJECT TO AN OFFICIAL' S AUTHORITY

( STAFF REGULATIONS OF THE EUROPEAN COMMUNITIES, ARTICLES 5 AND 7 )

Summary

1 . THE APPOINTING AUTHORITY MAY IN THE INTEREST OF THE SERVICE TRANSFER A POST FROM ONE DIRECTORATE-GENERAL TO ANOTHER WHERE IT CONSIDERS THAT SUCH A POST IS MORE USEFUL IN THE DEPARTMENT TO WHICH IT IS ALLOCATED THAN IN THAT FROM WHICH IT IS REMOVED . THERE IS NO CREATION OF A NEW POST WHERE THE POST IS TRANSFERRED WITHOUT ANY SUBSTANTIAL CHANGE IN THE DUTIES ATTACHING TO IT, NOR IS THERE A VACANCY WHERE THE TRANSFER OF THE POST COINCIDES WITH THE TRANSFER OF THE OFFICIAL WHO OCCUPIES IT .

2 . THE HIGHER AUTHORITY IS ALONE RESPONSIBLE FOR THE ORGANIZATION OF THE DEPARTMENTS WHICH IT MUST BE ABLE TO DETERMINE AND MODIFY ACCORDING TO THE EXIGENCIES OF THE SERVICE, WITHOUT PREJUDICE TO THE RIGHTS WHICH SERVANTS ENJOY UNDER THEIR STAFF REGULATIONS AND WHICH THEY CAN ASK THE COURT TO ENFORCE .

3 . IN PARTICULAR IT IS CLEAR FROM ARTICLES 5 AND 7 OF THE STAFF REGULATIONS, THAT AN OFFICIAL HAS THE RIGHT TO EXPECT THAT THE DUTIES WHICH ARE ASSIGNED TO HIM SHOULD AS A WHOLE BE IN KEEPING WITH THE POST WHICH CORRESPONDS TO THE GRADE WHICH HE OCCUPIES IN THE SCALE OF POSTS . WITHDRAWING FROM AN OFFICIAL ONE OR MORE OF THE DEPARTMENTS FOR WHICH HE WAS PREVIOUSLY RESPONSIBLE MAY IN CERTAIN CIRCUMSTANCES AMOUNT TO AN INFRINGEMENT OF THIS RIGHT .
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1 . OFFICIALS - RECRUITMENT - TRANSFER AND PROMOTION - LACK OF PRIORITY - DIFFERENCE OF GRADE BETWEEN CANDIDATES FOR A POST - NON-DECISIVE FACTOR IN THE CHOICE BY THE COMPETENT AUTHORITY

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 29 )

2 . OFFICIALS - RECRUITMENT - RATIONALIZATION OF DEPARTMENTS AS A RESULT OF THE MERGER TREATY - VOLUNTARY TRANSFER TO LOWER GRADE - PRIORITY RIGHT OF PERSON CONCERNED TO BE TRANSFERRED TO A POST CORRESPONDING TO HIS GRADE - STRICT APPLICATION

( REGULATION NO 259/68 OF THE COUNCIL, ARTICLE 8 )

Summary

1 . SINCE ARTICLE 29 OF THE STAFF REGULATIONS TREATS TRANSFER ON A PAR WITH PROMOTION, A DIFFERENCE IN GRADE BETWEEN CANDIDATES FOR A POST CANNOT PER SE CONSTITUTE A DECISIVE FACTOR IN THE CHOICE WHICH THE COMPETENT ADMINISTRATIVE AUTHORITY MUST MAKE .

2 . ARTICLE 8 ( 1 ) OF REGULATION NO 259/68 OF THE COUNCIL DEROGATES FROM THE PRINCIPLE OF EQUALITY OF CANDIDATES ELIGIBLE FOR PROMOTION AND TRANSFER AND CANNOT THEREFORE BE APPLIED, HAVING REGARD BOTH TO ITS VERY PRECISE OBJECTIVE AND ITS EXCEPTIONAL NATURE, IN CASES OTHER THAN THOSE TO WHICH IT EXPRESSLY REFERS .
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APPLICATION ON THE GROUND OF A FAILURE TO ACT - NATURAL OR LEGAL PERSONS - COMPLAINT TO THE COURT - ACTS OF A GENERAL NATURE - INADMISSIBILITY OF APPLICATION

( EEC TREATY, ARTICLE 175 )

Summary

A GENERAL PROVISION TAKING THE FORM OF A DECISION ADDRESSED TO THE MEMBER STATES CANNOT BE DESCRIBED AS AN ACT WHICH COULD BE ADDRESSED TO A NATURAL OR LEGAL PERSON WITHIN THE MEANING OF ARTICLE 175 ( 3 ).

A NATURAL OR LEGAL PERSON CANNOT BRING AN ACTION ON THE GROUND OF A FAILURE TO ACT AGAINST A COMMUNITY INSTITUTION ON THE GROUND THAT IT HAS FAILED TO ADOPT SUCH A PROVISION .
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1 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - SPECIFICATIONS - AIM

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, ARTICLE 1 )

2 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - SPECIFICATIONS - AGE-LIMIT FOR THE CANDIDATE - IMPORTANCE - POSTS WITHOUT AGE-LIMIT - MENTION OF THIS OBLIGATORY IN THE NOTICE OF COMPETITION

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, ARTICLE 1 )

Summary

1 . THE PURPOSE OF THE SPECIFICATIONS SET OUT IN ARTICLE 1 ( 1 ) OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS IS TO ENSURE THAT IN EVERY CASE WHERE A POST IS TO BE FILLED BY MEANS OF A COMPETITION THE CONDITIONS OF RECRUITMENT ARE ADAPTED AS CLOSELY AS POSSIBLE TO THE REQUIREMENTS OF THE POST TO BE FILLED . WHEN THEY LAID DOWN THE OBLIGATION TO STATE THOSE CONDITIONS IN THE NOTICE OF COMPETITION THE AUTHORS OF THE STAFF REGULATIONS INTENDED TO PRECLUDE THE APPOINTING AUTHORITY FROM JUSTIFYING THE EXCLUSION OF CERTAIN CANDIDATES BY RELYING ON CONDITIONS OF RECRUITMENT WHICH WERE NOT PROPERLY NOTIFIED IN ADVANCE TO ALL THE PERSONS CONCERNED .

2 . AMONGST THE CONDITIONS OF RECRUITMENT OF OFFICIALS AGE MAY WELL CONSTITUTE AN IMPORTANT FACTOR REGARDING THE QUALITY AND EFFICIENTY OF THE OFFICIAL TO BE RECRUITED . ALTHOUGH THE AGE OF AN OFFICIAL MAY BE OF NO MATTER WHERE CERTAIN POSTS ARE CONCERNED THIS POSSIBILITY MUST BE REGARDED AS EXCEPTIONAL BY REASON OF THE SPECIAL NATURE OF SUCH POSTS . IN SUCH A CASE THE NOTICE OF COMPETITION MUST INDICATE THAT THERE IS NO AGE-LIMIT .