ddrg/super_eurlex huggingface dataset:
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Summary



Keywords

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY WITH TIME-LIMITS FOR THEIR IMPLEMENTATION - JUSTIFICATION FOR FAILURE - NOT POSSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .

SINCE THE GOVERNMENTS OF MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES THEY MUST BE IN A POSITION TO PREPARE , WITHIN THE PERIOD PRESCRIBED , THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
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OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DISMISSAL - PROCEDURE - ADVERSARY NATURE - DECISION TO DISMISS - GROUNDS BASED UPON UNFAVOURABLE OBSERVATIONS NOT PREVIOUSLY COMMUNICATED TO THE OFFICIAL CONCERNED - ILLEGALITY

( STAFF REGULATIONS , ART . 34 ( 2 ))

Summary

A DECISION BY THE APPOINTING AUTHORITY TO DISMISS A PROBATIONARY OFFICIAL AT THE END OF THE PROBATIONARY PERIOD ON THE BASIS OF OBSERVATIONS SUPPLIED BY VARIOUS OFFICIALS FOR THE PURPOSE OF SUPPLEMENTING THE PROBATION REPORT , WHICH , ALTHOUGH REFLECTING UNFAVOURABLY ON THE OFFICIAL CONCERNED , WERE NOT PREVIOUSLY COMMUNICATED TO HIM , CONSTITUTES A FAILURE TO OBSERVE THE ADVERSARY PROCEDURE LAID DOWN IN ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS . SUCH A DECISION MUST BE ANNULLED BECAUSE THE GROUNDS UPON WHICH IT IS BASED WERE ESTABLISHED BY A PROCEDURE WHICH WAS NOT OF AN ADVERSARY NATURE , SINCE THE PROBATIONARY OFFICIAL WAS PRECLUDED FROM GIVING HIS COMMENTS ON ALL THE COMPLAINTS MADE AGAINST HIM WHICH LED TO THE DECISION TO DISMISS HIM .
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1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMUNITY INVITATION TO TENDER - DECISION ACCEPTING THE TENDER FROM A COMPANY COMPETING WITH CERTAIN MEMBERS OF A TRADE ASSOCIATION - MEASURE NOT OF DIRECT CONCERN TO THE APPLICANT ASSOCIATION

( EEC TREATY , ART . 173 , SECOND PARA .)

2 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL AND LEGAL PERSONS - LEGAL PERSON - INDEPENDENT MEANING IN COMMUNITY LAW - ASSOCIATION ALLOWED TO TENDER PURSUANT TO A COMMUNITY INVITATION TO TENDER - CHARACTER OF LEGAL PERSON

( EEC TREATY , ART . 173 , SECOND PARA .)

3 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - ASSOCIATION ALLOWED TO TENDER IN ANSWER TO A COMMUNITY INVITATION TO TENDER - DECISION ACCEPTING THE TENDER OF A COMPETING COMPANY - MEASURE OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANT ASSOCIATION

( EEC TREATY , ART . 173 , SECOND PARA .)

Summary

1 . A COMMUNITY DECISION , FOLLOWING AN INVITATION TO TENDER , TO ACCEPT THE TENDER OF A COMPANY IN COMPETITION WITH CERTAIN MEMBERS OF A TRADE ASSOCIATION IN THE FORM OF A NON- PROFIT-MAKING ASSOCIATION CANNOT BE OF ' ' DIRECT ' ' CONCERN AS REQUIRED BY THE SECOND PARAGRAPH OF ARTICLE 173 SINCE AS A NON-PROFIT-MAKING ASSOCIATION THE SAID ASSOCIATION DID NOT AND COULD NOT SUBMIT A TENDER IN RESPONSE TO THE INVITATION TO TENDER SO THAT THE DEFENDANT INSTITUTION ' S SELECTION COULD NOT IN ANY EVENT HAVE INJURED IT DIRECTLY . ITS APPLICATION IS NOT ADMISSIBLE EVEN IF ACCORDING TO ITS NATIONAL LAW A NON-PROFIT-MAKING ASSOCIATION MAY BE A PARTY TO PROCEEDINGS IN ORDER TO DEFEND THE BUSINESS OR PROFESSIONAL INTERESTS OF ITS MEMBERS .

2 . THE MEANING OF ' ' LEGAL PERSON ' ' IN THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY IS NOT NECESSARILY THE SAME AS IN THE VARIOUS LEGAL SYSTEMS OF THE MEMBER STATES .

THUS SINCE AN AD HOC ASSOCIATION OF PERSONS GROUPED TOGETHER IN ORDER TO RESPOND JOINTLY TO A COMMUNITY INVITATION TO TENDER WAS ALLOWED BY AN INSTITUTION TO TAKE PART IN THE INVITATION TO TENDER AND WAS CONSIDERED AND ITS TENDER REJECTED , IT FULFILS THE CONDITIONS REQUIRED BY COMMUNITY LAW FOR THE PURPOSE OF RECOGNITION AS HAVING THE CHARACTER OF A ' ' LEGAL PERSON ' ' WITHIN THE MEANING OF ARTICLE 173 EVEN IF ACCORDING TO ITS NATIONAL LAW IT DOES NOT HAVE THE CAPACITY TO BE A PARTY TO PROCEEDINGS .

3 . AN AD HOC ASSOCIATION OF LEGAL PERSONS GROUPED TOGETHER IN ORDER TO RESPOND JOINTLY TO AN INVITATION TO TENDER ISSUED BY THE EUROPEAN COMMUNITIES MAY BE REGARDED AS ' ' DIRECTLY AND INDIVIDUALLY ' ' INJURED BY A COMMUNITY DECISION ACCEPTING THE TENDER FROM A COMPETING COMPANY WHERE THE ASSOCIATION HAS BEEN ALLOWED TO SUBMIT A TENDER , SUBJECT TO ITS BEING SUBSEQUENTLY TRANSFORMED INTO A FORMALLY CONSTITUTED COMPANY , SINCE AFTER BEING SO ALLOWED IT OBVIOUSLY HAS AN INTEREST IN HAVING ITS TENDER ACCEPTED .
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1 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS , ART . 43 )

2 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PURPOSE - PREPARATION - DUTY OF THE ADMINISTRATION - SLOWNESS IN PREPARATION - FAILURE TO PREPARE THE REPORT WITHIN A REASONABLE PERIOD - JUSTIFICATION NECESSARY

( STAFF REGULATIONS , ART . 43 )

3 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PREPARATION - SLOWNESS IN PREPARATION - SERIOUS AND UNJUSTIFIED FAILURE TO PREPARE THE REPORT WITHIN A REASONABLE PERIOD - OMISSION ENTAILING LIABILITY OF THE ADMINISTRATION

( STAFF REGULATIONS , ART . 43 )

Summary

1 . PERIODIC REPORTS CONTAIN ASSESSMENTS WHICH CANNOT BE REVIEWED BY THE COURT SAVE IN ORDER TO IDENTIFY IRREGULARITIES OF FORM , MANIFEST FACTUAL ERROR OR MISUSE BY THE PERSONS INVOLVED IN THE DRAWING UP OF THE REPORTS OF THEIR POWER OF APPRAISAL .

AN ACTION BY AN OFFICIAL AGAINST A PERIODIC REPORT IN WHICH HIS SUBMISSIONS RELATE NOT TO MANIFEST ERRORS OF FACT SUSCEPTIBLE OF OBJECTIVE VERIFICATION OR TO EVALUATIONS OR ASSESSMENTS CAPABLE OF OBJECTIVE REVIEW BUT TO VALUE JUDGMENTS WHICH BY THEIR VERY NATURE AND PURPOSE CANNOT BE REVIEWED BY THE COURT MUST BE DISMISSED .

2.ARTICLE 43 OF THE STAFF REGULATIONS REQUIRES A PERIODIC REPORT TO BE MADE AT LEAST EVERY TWO YEARS ON EACH OFFICIAL ' S ABILITY , EFFICIENCY AND CONDUCT IN THE SERVICE .

THAT DOCUMENT MUST BE DRAWN UP IN ORDER TO ENSURE THE PROPER ADMINISTRATION AND RATIONALIZATION OF THE SERVICES OF THE COMMUNITY AND IN ORDER TO SAFEGUARD THE INTERESTS OF OFFICIALS . IT CONSTITUTES AN INDISPENSABLE BASIS OF ASSESSMENT EACH TIME AN OFFICIAL ' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION .

ONE OF THE DUTIES OF THE ADMINISTRATION IS THEREFORE TO ENSURE THAT THE REPORT IS MADE PERIODICALLY AT THE INTERVALS PRESCRIBED BY THE STAFF REGULATIONS AND THAT IT IS DRAWN UP IN A PROPER MANNER . THE ADMINISTRATION HAS A REASONABLE PERIOD AT ITS DISPOSAL IN WHICH TO DO THIS AND ANY FAILURE TO ACT WITHIN THAT PERIOD MUST BE JUSTIFIED BY THE EXISTENCE OF SPECIAL CIRCUMSTANCES .

3.WHERE THE ADMINISTRATION EXCEEDS BY FAR THE REASONABLE PERIOD WHICH IT HAS AT ITS DISPOSAL IN ORDER TO COMPLETE AN OFFICIAL ' S REPORT AND IS UNABLE TO PROVE THE EXISTENCE OF SPECIAL CIRCUMSTANCES OF SUCH A NATURE AS TO JUSTIFY THE DELAY , THAT OMISSION IS OF SUCH A NATURE AS TO ENTAIL LIABILITY ON THE PART OF THE ADMINISTRATION .
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1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION BASED ON INTERNAL LEGAL ORDER - NOT POSSIBLE

( EEC TREATY , ART . 169 AND ART . 189 , THIRD PARAGRAPH )

2.ACTION FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - REASONED OPINION - STATEMENT OF REASONS - OBLIGATION - SCOPE

( EEC TREATY , ART . 169 )

3.MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - PERIODS FOR IMPLEMENTATION

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

4.MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - EFFECT

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

Summary

1 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

2 . THE ADMISSIBILITY OF AN ACTION BASED ON ARTICLES 169 OF THE TREATY DEPENDS ONLY ON AN OBJECTIVE FINDING OF A FAILURE TO FULFIL OBLIGATIONS AND NOT ON PROOF OF ANY INERTIA OR OPPOSITION ON THE PART OF THE MEMBER STATE CONCERNED . THE OPINION REFERRED TO IN ARTICLE 169 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 HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

3 . THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE WITHIN THE PERIOD PRESCRIBED THE LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION . IF , NEVERTHELESS , THE PERIOD ALLOWED FOR THE IMPLEMENTATION OF A DIRECTIVE PROVES TO BE TOO SHORT , THE ONLY MEANS OF ACTION COMPATIBLE WITH COMMUNITY LAW AVAILABLE TO THE MEMBER STATE CONCERNED CONSISTS IN TAKING THE APPROPRIATE INITIATIVES WITHIN THE COMMUNITY IN ORDER TO OBTAIN THE NECESSARY EXTENSION OF THE PERIOD BY THE COMPETENT COMMUNITY INSTITUTION .

4 . THE RIGHT OF PERSONS AFFECTED TO RELY IN LAW ON A DIRECTIVE AS AGAINST A MEMBER STATE WHICH HAS FAILED TO TAKE THE REQUISITE NATIONAL IMPLEMENTING MEASURES CONSTITUTES A MINIMUM GUARANTEE ARISING FROM THE BINDING NATURE OF THE OBLIGATION IMPOSED ON MEMBER STATES BY THE EFFECT OF DIRECTIVES UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY AND CANNOT JUSTIFY A MEMBER STATE ' S ABSOLVING ITSELF FROM TAKING IN DUE TIME IMPLEMENTING MEASURES SUFFICIENT TO MEET THE PURPOSE OF EACH DIRECTIVE .
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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION PREVENTING THE CARRYING OUT OF CONTRACTS OF SALE CONCLUDED BETWEEN A NATIONAL INTERVENTION AGENCY AND UNDERTAKINGS SUBMITTING TENDERS

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - OILS AND FATS - OFFER FOR SALE OF STOCKS HELD BY A NATIONAL INTERVENTION AGENCY - CONDITIONS FIXED BY COMMISSION EXTREMELY FAVOURABLE TO PURCHASERS - CALLING INTO QUESTION OF CONTRACTS OF SALE ALREADY CONCLUDED - NOT PERMISSIBLE

( COMMISSION REGULATIONS NOS 71 , 2238 AND 2239/81 )

Summary

1 . A REGULATION THE PURPOSE OF WHICH IS TO PREVENT THE CARRYING OUT OF CONTRACTS OF SALE CONCLUDED BETWEEN A NATIONAL INTERVENTION AGENCY AND UNDERTAKINGS SUBMITTING TENDERS WHEN THE LEGAL POSITION OF THE PARTIES HAS ALREADY BEEN DEFINITIVELY DETERMINED IS OF DIRECT AND INDIVIDUAL CONCERN TO THOSE UNDERTAKINGS .

2 . THE MERE FACT THAT CONDITIONS ON WHICH THE COMMISSON PERMITTED THE SALE OF STOCKS OF OLIVE OIL HELD BY A NATIONAL INTERVENTION AGENCY PROVED TO BE EXTREMELY FAVOURABLE TO THE PURCHASERS DOES NOT ENTITLE THE COMMISSION TO PREVENT THE AGENCY FROM CARRYING OUT THE CONTRACTS WHICH HAD BEEN CONCLUDED IN ACCORDANCE WITH THE SAID CONDITIONS .
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OFFICIALS - UNAUTHORIZED ABSENCE - ANNUAL LEAVE USED UP - FORFEITURE OF REMUNERATION - FINDING THAT THE ABSENCE IS UNAUTHORIZED - DECISION TO TERMINATE PAYMENT OF SALARY - COMPETENT ADMINISTRATIVE BODY

( STAFF REGULATIONS , ART . 60 )

Summary

ALTHOUGH THE SECOND PARAGRAPH OF ARTICLE 60 OF THE STAFF REGULATIONS REQUIRES PERMISSION TO BE OBTAINED FROM THE APPOINTING AUTHORITY IF AN OFFICIAL WISHES TO SPEND HIS SICK LEAVE ELSEWHERE THAN AT THE PLACE WHERE HE IS EMPLOYED , THE FIRST PARAGRAPH OF ARTICLE 60 DOES NOT SPECIFY THAT IT IS THE APPOINTING AUTHORITY WHICH MUST DECIDE THAT THE SALARY OF AN OFFICIAL ABSENT WITHOUT AUTHORIZATION SHALL BE FORFEIT IF HE HAS USED UP HIS ANNUAL LEAVE .

SINCE THE DECISION TO TERMINATE PAYMENT OF SALARY IS NEITHER A DISCIPLINARY MEASURE , WHICH WOULD REQUIRE ACTION ON THE PART OF THE COMMISSION ITSELF , NOR AN EQUIVALENT MEASURE , IT MAY BE ACCEPTED THAT THE AUTHORITY EMPOWERED TO ESTABLISH UNAUTHORIZED ABSENCE AND TO ORDER THAT PAYMENT OF SALARY BE TERMINATED IS THE SAME AS THAT REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 60 .
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1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 ; COUNCIL REGULATION NO 1569/81 )

2 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( COUNCIL REGULATION NO 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

3 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS - SYSTEM OF LICENCES - DISCRIMINATION AGAINST SPANISH FISHERMEN - ABSENCE

( COUNCIL REGULATIONS NOS 554/81 AND 1569/81 )

Summary

1 . SINCE THE AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN HAS SUPERSEDED THE PRIOR INTERNATIONAL OBLIGATIONS WHICH EXISTED IN THIS FIELD BETWEEN FRANCE AND SPAIN , SPANISH FISHERMEN MAY NOT RELY ON SUCH OBLIGATIONS IN ORDER TO PREVENT THE APPLICATION OF THE REGIME ESTABLISHED BY THE AGREEMENT .

2 . SINCE THE COUNCIL REGULATIONS ESTABLISHED FOR SHORT PERIODS , PENDING THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN , INTERIM PROVISIONS PRESCRIBING CATCH QUOTAS FOR SPANISH FISHERMEN SUCH REGULATIONS ARE ENFORCEABLE AGAINST THEM AND THE VALIDITY OF THE REGULATIONS MAY NOT BE CHALLENGED ON THE BASIS OF PRIOR INTERNATIONAL AGREEMENTS ENTERED INTO BETWEEN FRANCE AND SPAIN .

3 . A SITUATION IN WHICH BOTH SPANISH FISHERMEN AND FISHERMEN OF MEMBER STATES MUST COMPLY WITH A SYSTEM OF CATCH QUOTAS MAY NOT BE CLASSIFIED AS DISCRIMINATORY EVEN THOUGH THE MANNER OF VERIFYING CATCHES IS DIFFERENT . VERIFICATION BY THE USE OF LICENSING SYSTEM , AS PRESCRIBED IN REGULATIONS NOS 554/81 AND 1569/81 , IS INTENDED TO ENSURE THAT THE CATCH QUOTAS LAID DOWN FOR THE FISHING VESSELS OF NON-MEMBER COUNTRIES ARE COMPLIED WITH SINCE , IN THE CASE OF SUCH VESSELS , NO CHECKS CAN BE CARRIED OUT IN THE ADJACENT COASTAL PORTS AS THOSE VESSELS NORMALLY RETURN TO THEIR PORTS OF ORIGIN TO LAND THEIR CATCHES .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - CRITERIA - OBJECTIVE PROPERTIES

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' OTHER PREPARED OR PRESERVED MEAT ' ' WITHIN THE MEANING OF HEADING 16.02 - CONCEPT - LIGHTLY SEASONED POULTRYMEAT - PRODUCT COVERED BY THAT CONCEPT

Summary

1 . THE DECISIVE CRITERION FOR THE CUSTOMS CLASSIFICATION OF GOODS UNDER THE COMMON CUSTOMS TARIFF MUST GENERALLY SPEAKING BE SOUGHT IN THE OBJECTIVE CHARACTERISTICS AND PROPERTIES OF THE PRODUCTS AT THE TIME OF THEIR PRESENTATION FOR CUSTOMS CLEARANCE .

2 . HEADING 16.02 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT IT ALSO INCLUDES POULTRY-MEAT TO WHICH SALT AND PEPPER HAVE BEEN ADDED EVEN IF THE PEPPER MAY ONLY BE DETECTED MICROSCOPICALLY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - OFFSETTING OF STORAGE COSTS - CONDITIONS - STORAGE IN AN APPROVED WAREHOUSE - CONCEPT - SUGAR IN TRANSIT BETWEEN TWO APPROVED WAREHOUSES - EXCLUDED

( COUNCIL REGULATION NO 1358/77 , ART . 3 ( 1 ) AND ( 2 ); COMMISSION REGULATION NO 1998/78 , ART . 11 ( 1 ))

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - CONCEPT

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - OFFSETTING OF STORAGE COSTS FOR SUGAR - SUGAR IN TRANSIT BETWEEN APPROVED WAREHOUSES - DIFFERENT TREATMENT BASED ON LOCATION OF WAREHOUSES - DISCRIMINATION - NONE

( EEC TREATY , ART . 40 ( 3 ), SECOND PARA .; COUNCIL REGULATION NO 1358/77 , ART . 3 ( 1 ); COMMISSION REGULATION NO 1998/78 , ART . 11 ( 1 ))

Summary

1 . SUGAR WHICH IS IN TRANSIT BETWEEN ONE APPROVED WAREHOUSE AND ANOTHER DOES NOT FULFIL THE REQUIREMENT AS TO STORAGE IN A WAREHOUSE WITHIN THE MEANING OF ARTICLE 3 ( 1 ) OF REGULATION NO 1358/77 LAYING DOWN GENERAL RULES FOR OFFSETTING STORAGE COSTS FOR SUGAR .

THE SPECIAL RULE CONTAINED IN ARTICLE 11 ( 1 ) OF REGULATION NO 1998/78 , WHICH PROVIDES THAT REIMBURSEMENT OF STORAGE COSTS SHALL BE GRANTED FOR SUGAR WHICH IS IN TRANSIT AT THE BEGINNING OF THE MONTH , MUST NOT BE REGARDED AS MERELY INTERPRETING THE ABOVE-MENTIONED ARTICLE 3 ( 1 ) TO THE EFFECT THAT SUGAR IN TRANSIT BETWEEN APPROVED WAREHOUSES FULFILS , IN PRINCIPLE , THE REQUIREMENT THAT THE PRODUCT BE STORED IN A WAREHOUSE .

2 . DISCRIMINATION CONSISTS IN TREATING DIFFERENTLY SITUATIONS WHICH ARE IDENTICAL , OR TREATING IN THE SAME WAY SITUATIONS WHICH ARE DIFFERENT .

3 . THE FACT THAT REIMBURSEMENT IS GRANTED IN RESPECT OF STORAGE COSTS FOR SUGAR WHICH , AT THE BEGINNING OF THE MONTH , IS IN TRANSIT BETWEEN TWO APPROVED WAREHOUSES SITUATED IN THE SAME MEMBER STATE BUT IS NOT GRANTED IN RESPECT OF SUGAR WHICH IS IN TRANSIT BETWEEN TWO APPROVED WAREHOUSES SITUATED IN DIFFERENT MEMBER STATES DOES NOT AMOUNT TO DISCRIMINATION PROHIBITED BY COMMUNITY LAW . THE DIFFERENCE OF TREATMENT IS BASED ON REQUIREMENTS OF SUPERVISION WHICH MAY BE JUSTIFIED OBJECTIVELY .
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1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - CONSIDERATION FOR SERVICE RENDERED - CRITERIA

( EEC TREATY , ARTS 9 , 12 , 13 AND 16 )

2 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - STORAGE CHARGES LEVIED ON GOODS PRESENTED AT PUBLIC WAREHOUSES IN THE INTERIOR OF A MEMBER STATE - PERMISSIBILITY - LIMITS

( EEC TREATY , ARTS 9 AND 12 )

Summary

1 . ANY PECUNIARY CHARGE , HOWEVER SMALL AND WHATEVER ITS DESIGNATION AND MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON THE GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY , EVEN IF IT IS NOT LEVIED BY THE STATE . THE POSITION IS DIFFERENT ONLY IF THE CHARGE IN QUESTION IS THE CONSIDERATION FOR A SERVICE ACTUALLY RENDERED TO THE IMPORTER AND IS OF AN AMOUNT COMMENSURATE WITH THAT SERVICE , WHEN THE CHARGE CONCERNED IS PAYABLE EXCLUSIVELY ON IMPORTED PRODUCTS .

2.THE PLACING OF IMPORTED GOODS , WHICH ORIGINATE IN ANOTHER MEMBER STATE OR ARE IN FREE CIRCULATION , IN TEMPORARY STORAGE IN THE SPECIAL STORES OF PUBLIC WAREHOUSES IN THE INTERIOR OF THE TERRITORY OF A MEMBER STATE REPRESENTS A SERVICE RENDERED TO TRADERS . THEREFORE STORAGE CHARGES COMMENSURATE WITH THE SERVICE THUS RENDERED AND LEVIED ON GOODS PRESENTED AT SUCH WAREHOUSES DO NOT AMOUNT TO CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .

HOWEVER , SUCH STORAGE CHARGES CONSTITUTE CHARGES HAVING AN EQUIVALENT EFFECT IN SO FAR AS THEY ARE ALSO LEVIED WHEN GOODS IMPORTED INTO THE MEMBER STATE IN QUESTION ARE PRESENTED AT A SPECIAL STORE SOLELY FOR THE COMPLETION OF CUSTOMS FORMALITIES AND EVEN WHEN THE GOODS HAVE BEEN EXEMPTED FROM STORAGE AND NO REQUEST FOR TEMPORARY STORAGE HAS BEEN MADE BY THE IMPORTER .
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COMMON CUSTOMS TARIFF - CUSTOMS WAREHOUSING PROCEDURE - INWARD PROCESSING PROCEDURE - SCOPE AF EACH - CRITERIA FOR DEFINING SCOPE - NEW PACKING , SUITED TO NEEDS OF ULTIMATE RECIPIENT , OF BULK BUTTER STORED IN CUSTOMS WAREHOUSES - OPERATION FALLING WITHIN INWARD PROCESSING PROCEDURE

( COUNCIL DIRECTIVES 69/73 , ART . 2 ; 69/74 , ART . 9 ( 1 ); AND 71/235 , ART . 1 ( 1 ))

Summary

IT IS CLEAR FROM THE FIRST SUBPARAGRAPH OF ARTICLE 9(1 ) OF DIRECTIVE 69/74 THAT THE ESSENTIAL PURPOSE OF CUSTOMS WAREHOUSES IS TO PROVIDE FOR THE STORAGE OF GOODS . THAT IS WHY THE HANDLING AUTHORIZED DURING STORAGE IS CONFINED TO ' ' SUCH USUAL FORMS OF HANDLING AS ARE NEEDED TO ENSURE PRESERVATION OR TO IMPROVE PACKAGING OR MARKETABLE QUALITY ' ' . IT FOLLOWS , THEREFORE , THAT SUCH OPERATIONS ARE NOT INTENDED , IN PRINCIPLE , TO PERMIT THE GOODS TO PASS FROM ONE STAGE OF MARKETING TO ANOTHER AND THAT AN EXPRESS PROVISION IS REQUIRED FOR ANY EXCEPTIONS TO THAT RULE IN THE CASE OF CERTAIN OPERATIONS CONCERNING SPECIFIC PRODUCTS .

WHERE THE PURPOSE AND THE EFFECT OF AN OPERATION IS TO PLACE BULK BUTTER STORED IN THE WAREHOUSES OF A MEMBER STATE IN A NEW PACKING SUITED TO THE NEEDS OF THE ULTIMATE RECIPIENT OF THE PRODUCT , THE CONCLUSION MUST BE DRAWN THAT SINCE THE LIST SET OUT IN ARTICLE 1 ( 1 ) OF DIRECTIVE 71/235 DOES NOT CONTAIN AN EXPRESS PROVISION AUTHORIZING A FORM OF HANDLING OF THAT KIND IN RELATION TO BUTTER , THE OPERATION IN QUESTION DOES NOT COME WITHIN THE SCOPE OF THE CUSTOMS WAREHOUSING PROCEDURE AND IS THEREFORE COVERED BY THE INWARD PROCESSING PROCEDURE AS DEFINED IN ARTICLE 2 OF DIRECTIVE 69/73 .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES TO PREVENT OVERLAPPING - ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 - PURPOSE - APPLICABLE ONLY TO BENEFITS ACQUIRED UPON APPLICATION OF REGULATION NO 1408/71

( EEC TREATY , ARTS 48 TO 51 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 12 ( 2 ))

2.SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES TO PREVENT OVERLAPPING - NOT APPLICABLE TO BENEFITS ACQUIRED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE - BENEFITS AWARDED AND FINANCED ON THE CONDITIONS LAID DOWN IN ARTICLE 57 OF REGULATION NO 1408/71 - NO EFFECT

( REGULATION NO 1408/71 OF THE COUNCIL , FIRST SENTENCE OF ART . 12 ( 2 ) AND ART . 57 )

Summary

1 . ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 FORMS THE COUNTERPART OF THE ADVANTAGES WHICH COMMUNITY LAW AFFORDS WORKERS IN ENABLING THEM TO REQUIRE SOCIAL SECURITY LEGISLATION OF MORE THAN ONE MEMBER STATE TO BE APPLIED SIMULTANEOUSLY . ITS PURPOSE IS TO PREVENT THEM FROM DERIVING ADVANTAGES FROM THAT POSSIBILITY WHICH IN NATIONAL LAW ARE CONSIDERED EXCESSIVE .

HOWEVER , ALTHOUGH LIMITATIONS MAY BE IMPOSED ON MIGRANT WORKERS TO BALANCE THE SOCIAL SECURITY ADVANTAGES WHICH THEY DERIVE FROM THE COMMUNITY REGULATIONS AND WHICH THEY COULD NOT OBTAIN WITHOUT THEM , THE AIM OF ARTICLES 48 TO 51 OF THE TREATY WOULD NOT BE ATTAINED IF THE SOCIAL SECURITY ADVANTAGES WHICH A WORKER MAY DERIVE FROM THE LEGISLATION OF A SINGLE MEMBER STATE WERE TO BE WITHDRAWN OR REDUCED AS A RESULT OF THE APPLICATION OF THOSE REGULATIONS .

IT MUST THEREFORE BE ACCEPTED THAT THE APPLICATION , PURSUANT TO ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 , OF A PROVISION DESIGNED TO PREVENT THE OVERLAPPING OF NATIONAL BENEFITS ALONE TO A BENEFIT PAYABLE UNDER THE LEGISLATION OF ANOTHER MEMBER STATE IS NOT JUSTIFIED UNLESS THE BENEFIT TO BE REDUCED WAS ACQUIRED BY VIRTUE OF THE APPLICATION OF THE PROVISIONS OF THAT REGULATION .

2.THE FIRST SENTENCE OF ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 MUST BE CONSTRUED AS EXCLUDING THE REDUCTION OR SUSPENSION OF A BENEFIT ACQUIRED SOLELY UNDER THE LEGISLATION OF ONE MEMBER STATE EVEN IF THE BENEFITS TO BE TAKEN INTO ACCOUNT IN EFFECTING THE REDUCTION , BEING ACQUIRED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , WERE AWARDED IN APPLICATION OF ARTICLE 57 OF REGULATION NO 1408/71 AND IF THE COMPETENT INSTITUTION OF THE FIRST MEMBER STATE CONTRIBUTES TO THE COST OF THOSE BENEFITS UPON THE TERMS SET OUT IN ARTICLE 57 ( 3 ) ( C ).
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OFFICIALS - STAFF REGULATION - AMENDMENT - REORGANIZATION OF THE CAREER BRACKETS OF ASSISTANT TRANSLATOR AND TRANSLATOR - LACK OF TRANSITIONAL PROVISIONS - POWER OF THE APPOINTING AUTHORITY

( COUNCIL REGULATION NO 912/78 , ART . 13 )

Summary

SINCE REGULATION NO 912/78 AMENDING THE STAFF REGULATIONS ABOLISHED WITH EFFECT FROM ITS ENTRY INTO FORCE GRADE L/A 7 IN THE CAREER BRACKET OF ASSISTANT TRANSLATOR , IT IS FOR THE APPOINTING AUTHORITY TO RESOLVE ANY TRANSITIONAL LEGAL PROBLEMS CAUSED BY THAT MEASURE IN THE ABSENCE OF PROVISIONS IN THE SAID REGULATION TO THAT EFFECT .