ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

1 . COMPETITION - RESTRICTIVE PRACTICES - PROHIBITION - AGREEMENT CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES - CONCEPT

( EEC TREATY, ARTICLE 85 )

2 . COMPETITION - RESTRICTIVE PRACTICES - PROHIBITION - CONDITIONS OF APPLICATION

( EEC TREATY, ARTICLE 85 )

3 . COMPETITION - RESTRICTIVE PRACTICES - PROHIBITION - EXCLUSIVE DEALING AGREEMENT - PERMISSIBILITY - CONDITIONS

( EEC TREATY, ARTICLE 85 )

4 . COMPETITION - RESTRICTIVE PRACTICES - PROHIBITION - EXCLUSIVE DEALING AGREEMENT ENTERED INTO AFTER THE ENTRY INTO FORCE OF REGULATION NO 67/67 - FAILURE TO GIVE NOTICE TO THE COMMISSION - BLOCK EXEMPTION - CONDITIONS FOR THE GRANT THEREOF

( EEC TREATY, ARTICLE 85; REGULATION NO 67/67/EEC OF THE COMMISSION, ARTICLES 1 TO 3 )

Summary

1 . AN AGREEMENT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES IF ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR OF FACT IT MAKES IT POSSIBLE TO FORESEE WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE, DIRECT OR INDIRECT, ACTUAL OR POTENTIAL, ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES .

2 . THE CONDITIONS OF THE PROHIBITION CONTAINED IN ARTICLE 85 MUST BE UNDERSTOOD BY REFERENCE TO THE ACTUAL CIRCUMSTANCES OF THE AGREEMENT .

3 . AN EXCLUSIVE DEALING AGREEMENT WHICH IS MADE BETWEEN PARTIES WHO OCCUPY A WEAK POSITION ON THE MARKET IN THE PRODUCTS INVOLVED IN THE AGREEMENT MAY ESCAPE THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ), EVEN IF IT CREATES ABSOLUTE TERRITORIAL PROTECTION . THIS IS EVEN MORE THE CASE WHEN SUCH AN AGREEMENT DOES NOT PROHIBIT THIRD PARTIES FROM EFFECTING PARALLEL IMPORTS INTO THE TERRITORY COVERED BY THE AGREEMENT OR THE LICENSEE FROM RE-EXPORTING THE PRODUCTS WHICH ARE COVERED BY THE AGREEMENT .

4 . AN EXCLUSIVE DEALING AGREEMENT WHICH FALLS WITHIN THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ) AND WHICH WAS ENTERED INTO AFTER THE COMING INTO FORCE OF REGULATION NO 67/67 MAY, EVEN WHERE THERE HAS BEEN A FAILURE TO GIVE NOTICE TO THE COMMISSION, OBTAIN THE BENEFIT OF THE BLOCK EXEMPTION LAID DOWN IN ARTICLE 1 THEREOF IF IT SATISFIES THE CONDITIONS PRESCRIBED BY ARTICLES 1 TO 3 OF THE SAID REGULATION .
Keywords

Summary



Keywords

++++

1 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - AUTHORITY OF THE EXPLANATORY NOTES AND THE CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PROCESSED PRODUCTS - EXPORTS TO THIRD COUNTRIES - REFUNDS - PEARLED BARLEY - COMMUNITY DEFINITION - POWERS OF THE MEMBER STATES

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 20; REGULATION NO 141/64/EEC OF THE COUNCIL; REGULATION NO 60/66/EEC OF THE COMMISSION )

Summary

1 . IN THE ABSENCE OF ANY COMMUNITY PROVISIONS IN THE MATTER, THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS PROVIDED FOR BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS ARE AUTHORITATIVE AS MEANS OF INTERPRETING COMMON TARIFF HEADINGS .

2 . WITHIN THE CONTEXT OF THE APPLICATION OF THE SCHEME OF OPTIONAL REFUNDS ON EXPORTS OF PROCESSED CEREAL-BAKED PRODUCTS TO THIRD COUNTRIES WHICH IS LAID DOWN IN ARTICLE 20 OF REGULATION NO 19/62 OF THE COUNCIL, REGULATION NO 141/64/EEC OF THE COUNCIL AND REGULATION NO 60/66/EEC OF THE COMMISSION, THE MEMBER STATES COULD ONLY REGARD AS " PEARLED BARLEY " THOSE PRODUCTS WHICH SATISFIED AT LEAST THE CONDITIONS LAID DOWN BY THE EXPLANATORY NOTES TO HEADING 11.02 IN THE DOCUMENT KNOWN AS THE " BRUSSELS NOMENCLATURE ". WITHIN THE CONTEXT OF THE APPLICATION OF THE ABOVEMENTIONED PROVISIONS, THE NATIONAL AUTHORITIES WERE ENTITLED TO ADD TO THOSE MINIMUM REQUIREMENTS OTHER MORE PROTECTIVE CONDITIONS .
Keywords

Summary



Keywords

++++

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE PENSIONS - NATIONAL LEGISLATION - DIFFERENT KINDS OF BENEFIT - ENTITLEMENT TO BENEFIT OF A MORE ADVANTAGEOUS KIND - AGGREGATION OF INSURANCE PERIODS COMPLETED IN SEVERAL MEMBER STATES

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 27 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE PENSIONS - AGGREGATION OF INSURANCE PERIODS COMPLETED IN SEVERAL MEMBER STATES - PRO RATA CALCULATION - ACCOUNT TO BE TAKEN OF PERIODS IN FACT COMPLETED

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 28 )

Summary

1 . WHERE THE LEGISLATION OF A MEMBER STATE PROVIDES FOR OLD-AGE BENEFITS OF DIFFERENT KINDS, DEPENDING ON THE LENGTH OF TIME FOR WHICH THE WORKER CONCERNED HAS BEEN AFFILIATED, INSURANCE PERIODS COMPLETED SUCCESSIVELY OR ALTERNATELY IN TWO OR MORE MEMBER STATES MUST BE AGGREGATED WHEREVER THE WORKER HAS NOT COMPLETED THE NUMBER OF PERIODS NECESSARY UNDER THE LEGISLATION OF THE FIRST STATE TO ENTITLE HIM TO BENEFIT OF THE MORE ADVANTAGEOUS KIND .

2 . WHERE AGGREGATION IS NECESSARY, FOR THE PURPOSE OF CALCULATING THE FRACTION OF THE BENEFIT TO BE BORNE BY THE RELEVANT INSTITUTION ACCOUNT MUST BE TAKEN OF THE PERIODS IN FACT COMPLETED BY THE WORKER CONCERNED, AND NOT MERELY THOSE REPRESENTING THE TOTAL REQUIRED IN THE STATE IN QUESTION FOR ENTITLEMENT TO FULL BENEFIT .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - EXPORT TO THIRD COUNTRIES - RATES OF REFUND LESS THAN THOSE PROVIDED BY THE COMMUNITY RULES AND VARYING FROM ONE COUNTRY TO THE OTHER - GRANT BY MEMBER STATES - LEGALITY

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 20; REGULATION NO 90 OF THE COMMISSION, ARTICLE 2 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - EXPORT TO THIRD COUNTRIES - RATES OF REFUND LESS THAN THOSE PROVIDED BY THE COMMUNITY RULES - GRANT BY THE MEMBER STATES IN THE FORM OF IMPORT FREE FROM LEVY - LEGALITY

( REGULATION NO 90 OF THE COMMISSION, ARTICLE 4 )

Summary

1 . THE PROVISIONS OF ARTICLE 20 OF REGULATION NO 19/62 IN CONJUNCTION WITH THOSE OF ARTICLE 2 OF REGULATION NO 90/62 ENABLED MEMBER STATES TO FIX RATES OF REFUND DIFFERING FROM ONE COUNTRY TO THE NEXT AND LOWER THAN THOSE PROVIDED FOR BY THE COMMUNITY REGULATIONS .

2 . MEMBER STATES COULD ALSO WITHIN THE TERMS OF ARTICLE 4 OF REGULATION NO 90/62 APPLY RATES OF REFUND LOWER THAN THOSE LAID DOWN BY REGULATION NO 90/62 BY AUTHORIZING, IN RESPECT OF EXPORTS TO THIRD COUNTRIES, FREE-OF-LEVY IMPORTS OF SMALLER QUANTITIES OF THE SAME PRODUCT THAN THE QUANTITIES EXPORTED .
Keywords

Summary



Keywords

++++

1 . REVISION - DISCOVERY OF A NEW FACT - DESCRIPTION OF ACTIVITIES IN A PERIODIC REPORT -FACTORS ALREADY KNOWN

2 . OFFICIAL - POST - ASSIGNMENT - SCOPE - EFFECT - MODIFICATION BY MENTION IN A PERIODIC REPORT

Summary

1 . IN REVISION PROCEEDINGS, THE DESCRIPTION OF THE APPLICANT' S ACTIVITIES, FROM WHICH IT EMERGES THAT HE EXECUTES CERTAIN DESIGNS AND PROJECTS, IS NOT INCOMPATIBLE WITH THE FINDINGS, WHICH HE ADMITS AND ON WHICH THE JUDGMENT OF WHICH REVISION IS REQUESTED WAS FOUNDED, THAT HIS ACTIVITIES COMPRISED A PART BUT NOT THE WHOLE OF THE FUNCTIONS OF A DESIGNER .

THESE REFERENCES, THEN, CANNOT BE REGARDED AS REVEALING A NEW FACT WHICH IS OF SUCH A NATURE AS TO BE A DECISIVE FACTOR IN THE DISPUTE DECIDED BY THE JUDGMENT OF WHICH REVISION IS REQUESTED .

2 . THE SCOPE AND EFFECT OF THE LEGAL ACT BY WHICH THE APPOINTING AUTHORITY ASSIGNS AN OFFICIAL TO A POST, CANNOT BE MODIFIED BY A REFERENCE IN A PERIODIC REPORT .
Keywords

Summary



Keywords

++++

OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ACT ADVERSELY AFFECTING AN OFFICIAL - MEANING

( STAFF REGULATIONS, ARTICLE 91 )

Summary

AN OFFICIAL MEMORANDUM ADDRESSED TO AN OFFICIAL STATING THAT THE PROVISIONS APPLICABLE DO NOT PERMIT THE MAINTENANCE OF AN ALLOWANCE WHICH HE HAS HITHERTO RECEIVED, AND NOTIFYING HIM OF THE WITHDRAWAL OF THAT ALLOWANCE, CONSTITUTES AN ACT ADVERSELY AFFECTING HIM WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .
Keywords

Summary



Keywords

++++

FREE MOVEMENT OF PERSONS - WORKERS - CONDITIONS OF EMPLOYMENT AND WORK - NATIONAL LEGISLATION - SPECIAL SOCIAL PROTECTION - PROHIBITION ON DISCRIMINATION

( EEC TREATY, ARTICLE 48, REGULATION NO 1612/68 OF THE COUNCIL, ARTICLE 7 )

Summary

THE PROHIBITION ON DISCRIMINATION AS REGARDS CONDITIONS OF EMPLOYMENT AND WORK LAID DOWN IN ARTICLE 48 OF THE TREATY AND ARTICLE 7 OF REGULATION NO 1612/68 OF THE COUNCIL ALSO CONCERNS SPECIAL PROTECTION, ESPECIALLY AGAINST DISMISSAL, WHICH THE LEGISLATION OF A MEMBER STATE CONFERS ON SPECIFIC CATEGORIES OF WORKERS FOR REASONS OF A SOCIAL NATURE .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - APPOINTING AUTHORITY - POWERS - EXERCISE - FORMALITIES - DIVISION OF FUNCTIONS - DEVIATIONS THEREFROM - SUB-DELEGATION OF POWERS - ADMISSIBILITY - CONDITIONS

( DECISION OF THE COMMISSION OF 26 FEBRUARY, 1971, ARTICLE 5 )

2 . OFFICIALS - DISCIPLINARY PROCEEDINGS - PROCEDURE - DOCUMENTS - SIGNATURE BY CHAIRMAN OF THE DISCIPLINARY BOARD - ADMISSIBILITY

( STAFF REGULATIONS, ANNEX IX, ARTICLES 8 AND 9 )

Summary

1 . THE SUB-DELEGATION OF POWERS OR DEVIATION FROM STANDARDS LAID DOWN BY THE COMMISSION IN THE DECISION OF 26 FEBRUARY, 1971, FOR THE DIVISION OF FUNCTIONS WITHIN THE SERVICE, CANNOT RENDER VOID AN ACT DONE BY THE ADMINISTRATION, UNLESS IT INVOLVES THE POSSIBILITY OF ADVERSELY AFFECTING ONE OF THE GUARANTEES GIVEN TO OFFICIALS BY THE STAFF REGULATIONS OR THE PRINCIPLES OF GOOD ADMINISTRATION IN STAFF MANAGEMENT .

2 . THE SIGNATURE BY THE CHAIRMAN OF THE DISCIPLINARY BOARD OF VARIOUS DOCUMENTS RELATING TO THE DISCIPLINARY PROCEDURE MERELY CONSTITUTES THE NORMAL EXERCISE OF HIS PREROGATIVES, WHICH INCLUDE THE POWER OF CERTIFYING THE REGULARITY OF THE PROCEDURE AND OF AUTHENTICATING THE BOARD' S DOCUMENTS .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - NON-CONTENTIOUS PROCEDURE - COMMENCEMENT - REQUEST STARTING TIME RUNNING - ABSENCE OF SUCH EFFECT

( STAFF REGULATIONS, ARTICLE 90, ARTICLE 91 )

2 . OFFICIALS - FORMER ECSC STAFF REGULATIONS - APPLICATION FOR CALCULATION OF PENSION

3 . OFFICIALS - CONTRACTUAL EMPLOYEES - TRANSFER TO STAFF REGULATIONS - PREVIOUS CONTRACT - EFFECTS - RENUNCIATION

Summary

1 . A LETTER FROM AN OFFICIAL, INTENDED TO DRAW THE ATTENTION OF THE COMPETENT AUTHORITY TO THE RIGHTS HE CLAIMS TO POSSESS IN RELATION TO THE AMOUNT OF HIS PENSION WHICH HAS NOT YET BEEN CALCULATED, CANNOT BE REGARDED AS A REQUEST WHICH STARTS TIME RUNNING SO AS TO GIVE RISE TO AN IMPLIED DECISION OF REFUSAL .

2 . THE QUESTION WHETHER THE FORMER ECSC STAFF REGULATIONS, IN FORCE UNTIL 1 JANUARY 1962, ARE WHOLLY OR PARTLY APPLICABLE TO AUXILIARY STAFF WHO BECAME SUBJECT TO THE EEC STAFF REGULATIONS ON 1 JANUARY 1962, CONCERNS THE MERITS OF THE DISPUTE AND IS NOT NECESSARILY LINKED WITH THE ESTABLISHMENT OF THE APPLICANT IN GRADE A 3 ON 1 JANUARY 1962 .

3 . THE TRANSITION FROM A CONTRACTUAL RELATIONSHIP TO A RELATIONSHIP GOVERNED BY THE STAFF REGULATIONS IMPLIES, IN THE ABSENCE OF ANY CONTRARY PROVISION, THE RENUNCIATION OF THE EFFECTS OF THE PREVIOUS CONTRACT .
Keywords

Summary



Keywords

++++

EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE INVOLVING CHOICES AS TO POLICY - LOSS - BREACH OF A MAJOR RULE OF LAW

( EEC TREATY, ARTICLE 215 )

Summary

LIABILITY ON THE PART OF THE COMMUNITY IN RESPECT OF DETRIMENT SUFFERED BY INDIVIDUALS AS THE RESULT OF A LEGISLATIVE MEASURE INVOLVING CHOICES AS TO ECONOMIC POLICY COULD ONLY BE INCURRED AS A RESULT OF A SUFFICIENTLY SERIOUS BREACH OF A MAJOR RULE OF LAW PROTECTING INDIVIDUALS .
Keywords

Summary



Keywords

++++

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING - SUPERVISION - MEMBER STATES - POWERS - OBLIGATIONS

( REGULATION NO 172/67 OF THE COUNCIL, ART . 7; REGULATION NO 1403/69 OF THE COMMISSION, ART . 4 ( 3 ))

Summary

THE COMMUNITY LEGISLATURE REFRAINED FROM ENACTING PROVISIONS REGULATING IN DETAIL THE PROCEDURE FOR SUPERVISION OF DENATURING OF CEREALS, LEAVING THE MEMBER STATES THE POWER TO REGULATE THE DETAILED RULES OF SUPERVISION UNDER THEIR OWN LEGAL SYSTEM AND ON THEIR OWN RESPONSIBILITY .

THE NATIONAL LEGISLATURE IS OBLIGED TO ENSURE BY ADEQUATE SUPERVISION THAT DENATURING IS CARRIED OUT IN ACCORDANCE WITH THE RELEVANT PROVISIONS AND THAT CLAIMS FOR PREMIUMS ARE WELLFOUNDED . FOR THIS PURPOSE IT MAY SUBJECT PLANTS WISHING TO CARRY OUT DENATURING TO A SYSTEM OF SPECIAL APPROVAL, AND DEMAND THAT THE MANAGERS POSSESS THE PERSONAL QUALITIES NECESSARY TO AVOID RISKS OF ABUSE . THE REFUSAL TO PLACE ANY TRUST IN A PLANT IS SUBJECT TO JUDICIAL CONTROL .
Keywords

Summary



Keywords

++++

1 . ACTS OF AN INSTITUTION - AMENDMENT OF A PRIOR PROVISION - SITUATIONS ARISING UNDER THE PROVISIONS OF THE LATTER - FUTURE CONSEQUENCES - APPLICATION OF THE MODIFYING RULE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK - SUGAR - COMPOSITE PRODUCTS - EXPORTATION - REFUNDS - FIXING IN ADVANCE - AMOUNT - ADJUSTMENT - SCOPE OF APPLICATION

( REGULATION NO 1098/68 OF THE COMMISSION, ARTICLE 2 ( 3 ), SECOND PARAGRAPH, AMENDED BY REGULATION NO 951/71 OF THE COMMISSION AND BY REGULATION NO 1048/71 OF THE COUNCIL )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK - SUGAR - COMPOSITE PRODUCTS - EXPORTATION - REFUNDS - AMOUNT - ADJUSTMENT - PAYMENT BY NATIONAL ORGANIZATIONS - FORMAL ACT ON THE PART OF COMMUNITY AUTHORITY - CONDITION NECESSARY

( REGULATION NO 1098/68 OF THE COUNCIL, ARTICLE 2 ( 3 ), SECOND PARAGRAPH, AMENDED BY REGULATION NO 951/71 OF THE COMMISSION AND REGULATION NO 1048/71 OF THE COUNCIL )

Summary

1 . UNDER A GENERALLY RECOGNIZED PRINCIPLE, LAWS AMENDING A LEGISLATIVE PROVISION APPLY, UNLESS OTHERWISE PROVIDED, TO THE FUTURE CONSEQUENCES OF SITUATIONS WHICH AROSE UNDER THE FORMER LAW .

2 . THE AMENDMENT OF ARTICLE 2 ( 3 ), SECOND PARAGRAPH, OF REGULATION NO 1098/68 OF THE COMMISSION OF 27 JULY 1968, BY THE COMBINED EFFECT OF REGULATIONS NO 951/71 OF THE COMMISSION OF 7 MAY 1971 AND NO 1048/71 OF THE COUNCIL OF 25 MAY 1971 APPLIES NOT ONLY TO ADVANCE FIXING CERTIFICATES ISSUED AFTER THE ENTRY INTO FORCE OF THE LAST-MENTIONED REGULATION, BUT ALSO TO THOSE ISSUED BEFORE THAT DATE, TO THE EXTENT THAT THE INTENDED EXPORTATION HAD NOT YET TAKEN PLACE .

3 . WHILST THE SYSTEM EXISTING PRIOR TO REGULATIONS NO 951/71 AND NO 1048/71 DID NOT REQUIRE A FORMAL ACT ON THE PART OF THE COMMUNITY AUTHORITIES TO ENABLE THE NATIONAL BODIES TO EFFECT PAYMENT OF THE SUMS WHICH RESULTED FROM THE ADJUSTMENT OF THE AMOUNT OF THE REFUNDS, THE ENTRY, INTO FORCE OF THE SAID REGULATIONS RENDERED SUCH AN ACT INDISPENSABLE .
Keywords

Summary



Keywords

++++

1 . PRELIMINARY RULINGS - REFERENCE TO THE COURT - JURISDICTION OF NATIONAL COURTS - EXTENT

( EEC TREATY, ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - EXPORT - DOCUMENTS - COUNTRY OF DESTINATION - FALSE PARTICULARS - REFUND - AMOUNT - OBLIGATORY LIMITS - POWERS OF MEMBER STATES

( ARTICLE 20 ( 2 ) OF REGULATION NO 19 OF THE COUNCIL )

Summary

1 . A RULE OF NATIONAL LAW WHEREBY A COURT IS BOUND ON POINTS OF LAW BY THE RULINGS OF A SUPERIOR COURT CANNOT ON THIS GROUND ALONE DEPRIVE THE INFERIOR COURTS OF THEIR POWER, PROVIDED FOR UNDER ARTICLE 177, TO REFER QUESTIONS TO THE COURT FOR A PRELIMINARY RULING .

HOWEVER, IN THE CASE OF A COURT AGAINST WHOSE DECISIONS THERE IS A JUDICIAL REMEDY UNDER NATIONAL LAW, ARTICLE 177 DOES NOT PRECLUDE A DECISION OF SUCH A COURT REFERRING A QUESTION TO THIS COURT FOR A PRELIMINARY RULING FROM REMAINING SUBJECT TO THE REMEDIES NORMALLY AVAILABLE UNDER NATIONAL LAW .

NEVERTHELESS, IN THE INTERESTS OF CLARITY AND LEGAL CERTAINTY, THE COURT MUST ABIDE BY THE DECISION TO REFER, WHICH MUST HAVE ITS FULL EFFECT SO LONG AS IT HAS NOT BEEN REVOKED .

2 . IN THE CASE WHERE THE COUNTRY OF DESTINATION OF THE GOODS DOES NOT CORRESPOND TO THE PARTICULARS GIVEN IN THE EXPORT DOCUMENTS :

( A ) ARTICLE 20 ( 2 ) OF REGULATION NO 19/62 REQUIRES THE NATIONAL AUTHORITIES TO REDUCE THE REFUND GRANTED SO THAT IT DOES NOT EXCEED THE MAXIMUM LIMITS PROVIDED FOR SUCH COUNTRY OF DESTINATION;

( B ) SUBJECT TO THIS OBLIGATION, IT IS FOR THEM TO DECIDE ACCORDING TO THEIR NATIONAL LAW THE NECESSARY FURTHER CONSEQUENCES .
Keywords

Summary



Keywords

++++

1 . COMMON CUSTOMS TARIFF - DESCRIPTION OF THE GOODS - SIMILARITY BETWEEN PRODUCTS - DIFFERENT TREATMENT - POSSIBILITY

2 . COMMON CUSTOMS TARIFF - DESCRIPTION OF THE GOODS - INTERPRETATION - EXPLANATORY NOTES - CLEAR PROVISIONS OF THE TARIFF - AMENDMENT - INADMISSIBILITY

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF THE GOODS - GAME WITHIN THE MEANING OF SUBHEADING 02.04-B

Summary

1 . THE ABSENCE AS BETWEEN TWO PRODUCTS OF OBJECTIVE CHARACTERISTICS AND PROPERTIES WHICH WOULD ALLOW ONE TO BE DISTINGUISHED FROM THE OTHER WHEN SUBMITTED FOR CUSTOMS CLEARANCE IS NOT SUCH AS TO EXCLUDE TREATMENT DIFFERENTIATED ON THE BASIS OF OTHER OBJECTIVE FACTORS, OF WHICH EVIDENCE CAN BE GIVEN WHEN THE PRODUCTS ARE SUBMITTED FOR CUSTOMS CLEARANCE, FOR EXAMPLE BY MEANS OF CERTIFICATES OF ORIGIN .

2 . THE EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF, ALTHOUGH AN IMPORTANT FACTOR AS REGARDS INTERPRETATION IN ALL CASES WHERE THE PROVISIONS OF THE TARIFF PROVOKE UNCERTAINTY, CANNOT AMEND THOSE PROVISIONS, THE MEANING AND SCOPE OF WHICH ARE SUFFICIENTLY CLEAR .

3 . THE EXPRESSION " GAME " AS IT APPEARS AT SUBHEADING 02.04-B OF THE COMMON CUSTOMS TARIFF 1970 IS TO BE INTERPRETED AS APPLYING TO ANIMALS LIVING IN THE WILD STATE WHICH ARE HUNTED .
Keywords

Summary



Keywords

++++

1 . EEC - INTERNATIONAL AGREEMENTS - CHARACTER

( EEC TREATY, ARTICLE 228, ARTICLE 238 )

2 . EEC - AGREEMENTS OF ASSOCIATION - GREECE - WINE - IMPORT INTO BENELUX - 'TREATMENT' IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE AGREEMENT - MEANING

3 . EEC - AGREEMENTS OF ASSOCIATION - GREECE - WINE - IMPORT INTO BELGIUM AND LUXEMBOURG - COUNTERVAILING CHARGE - CHARACTER AS A LEVY

( AGREEMENT OF ASSOCIATION WITH GREECE, PROTOCOL NO 12 )

4 . EEC - AGREEMENTS OF ASSOCIATION - GREECE - WINE - IMPORT INTO BELGIUM AND LUXEMBOURG - COUNTERVAILING CHARGE - CHARACTER - APPLICATION - ARTICLES 41 AND 43 OF THE AGREEMENT OF ASSOCIATION - IRRELEVANCE

Summary

1 . AN AGREEMENT CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE EEC TREATY IS, AS FAR AS CONCERNS THE COMMUNITY, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 .

FROM THE DATE IT COMES INTO FORCE, ITS PROVISIONS FORM AN INTEGRAL PART OF COMMUNITY LAW .

2 . THE WORD 'TREATMENT' IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE MUST BE UNDERSTOOD AS REFERRING ONLY TO QUESTIONS OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS .

3 . THE COUNTERVAILING CHARGE IMPOSED ON GREEK WINES IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG UNDER ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 CONSTITUTES A LEVY WITHIN THE MEANING OF PROTOCOL NO 12 ANNEXED TO THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE AND CANNOT, UNDER THE TERMS OF THAT PROTOCOL, BE CONSIDERED EITHER AS A CUSTOMS DUTY OR AS A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 37 ( 2 ) OF THAT AGREEMENT .

4 . ARTICLES 41 AND 43 OF THE AGREEMENT CREATING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE HAVE NO BEARING ON THE APPLICATION OF THE COUNTERVAILING CHARGE ESTABLISHED BY ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 .

THIS CHARGE IS A MEASURE FOR STABILIZING IMPORTS, AND FORMS AN ESSENTIAL PART OF THE COMMON ORGANIZATION OF THE MARKET IN WINE, WHEREAS THE MEASURES PROVIDED FOR BY THOSE ARTICLES ARE DESIGNED SOLELY TO DEAL WITH DIFFICULTIES DUE TO ABNORMAL MARKET CONDITIONS .
Keywords

Summary



Keywords

++++

1 . CUSTOMS DUTIES AND INTERNAL TAXATION - JOINT APPLICATION TO THE SAME CASE OF PROVISIONS RELATING THERETO - IMPOSSIBILITY THEREOF

( EEC TREATY, ARTICLES 12, 13 AND 95 )

2 . PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

3 . TAX PROVISIONS - INTERNAL TAXATION - CONCEPT

( EEC TREATY, ARTICLE 95 )

Summary

1 . ARTICLES 12 AND 13 ON THE ONE HAND AND 95 ON THE OTHER CANNOT BE APPLIED JOINTLY IN THE SAME CASE .

2 . IN THE PROCEDURE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY, THE COURT CANNOT CLASSIFY A SPECIFIC NATIONAL TAX FOR THE PURPOSE OF APPLYING COMMUNITY LAW, SINCE THE INTERPRETATION OF LEGISLATIVE AND OTHER ACTS OF A NATIONAL NATURE REMAINS WITHIN THE JURISDICTION OF THE NATIONAL COURT AND THIS COURT IS COMPETENT ONLY TO INTERPRET AND ASSESS THE VALIDITY OF THE COMMUNITY ACTS REFERRED TO IN THE SAID ARTICLE .

HOWEVER, THE COURT IS COMPETENT TO INTERPRET COMMUNITY PROVISIONS IN ORDER TO ENABLE THE NATIONAL COURT TO APPLY THE RULES OF COMMUNITY LAW CORRECTLY TO THE NATIONAL PROVISION .

3 . A CHARGE WHICH SUBJECTS WITHOUT DISTINCTION INDUSTRIAL EXPORTS TO OTHER MEMBER STATES TO A FINANCIAL CHARGE BY PARTIALLY ABOLISHING THE EXONERATION FROM INTERNAL TAXATION AND WHICH IS CLOSELY INTEGRATED INTO THE NATIONAL SYSTEM OF TURNOVER TAX, COMES UNDER INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 ET SEQ . OF THE TREATY, AND CANNOT THEREFORE CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLE 12 OF THE TREATY .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - IMPORT AND EXPORT LICENCES - FURNISHING OF SECURITY - OBJECTIVE - UNIFORM INTERPRETATION

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - IMPORT AND EXPORT LICENCES - PERIOD OF VALIDITY - EXCEEDING OF THAT PERIOD - CASE OF FORCE MAJEURE - CONCEPT - COMPETENCE OF NATIONAL COURTS

( REGULATION NO 102/64 OF THE COMMISSION, ARTICLE 8 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - IMPORT AND EXPORT LICENCES - FURNISHING OF SECURITY - IMPORTATION - CONCEPT

( REGULATION NO 102/64 OF THE COMMISSION, ARTICLE 7 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - IMPORT AND EXPORT LICENCES - PERIOD OF VALIDITY - EXCEEDING OF THAT PERIOD - CASE OF FORCE MAJEURE - REQUEST FOR CONSIDERATION - SUBMISSION - PERIOD NOT LAID DOWN - OBLIGATION OF IMPORTERS OR EXPORTERS

( REGULATION NO 102/64 OF THE COMMISSION, ARTICLE 8 )

Summary

1 . BOTH THE ISSUE OF IMPORT AND EXPORT LICENCES AND THE MAKING OF SUCH ISSUE CONDITIONAL UPON THE FURNISHING OF SECURITY CORRESPOND TO THE COMPETENT AUTHORITIES' NEED TO BE IN POSSESSION OF PRECISE INFORMATION ON THE STATE OF THE MARKET AND PROJECTED INTRACOMMUNITY IMPORTS AND EXPORTS .

WITH THIS IN MIND, THE PROVISIONS AT ISSUE MUST BE INTERPRETED AND APPLIED UNIFORMLY IN ALL THE MEMBER STATES SO AS TO AVOID CERTAIN PATTERNS OF TRADE BEING TREATED MORE FAVOURABLY THAN OTHERS AS A RESULT OF DIFFERING PRACTICES .

2 . THE CONCEPT OF FORCE MAJEURE IS NOT LIMITED TO CASES OF ABSOLUTE IMPOSSIBILITY, BUT MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL CIRCUMSTANCES, BEYOND THE IMPORTER'S CONTROL AND WHICH HAVE ARISEN DESPITE THE FACT THAT THE TITULAR HOLDER OF THE LICENCE HAS TAKEN ALL THE PRECAUTIONS WHICH COULD REASONABLY BE EXPECTED .

WITHIN THE LIMITS OF THEIR OWN COMPETENCE, NATIONAL COURTS CAN THEREFORE RECOGNIZE THE EXISTENCE OF A CASE OF FORCE MAJEURE NOT ONLY WHERE THE SITUATION IN QUESTION IS COVERED BY THE ENUMERATION IN PARAGRAPH ( 2 ) OR WHERE IT HAS BEEN RECOGNIZED BY A MEMBER STATE PURSUANT TO PARAGRAPH ( 3 ) OF ARTICLE 8 OF REGULATION NO 102/64 .

3 . ARTICLE 7 OF REGULATION NO 102/64 DOES NOT PREVENT AN IMPORTATION WITHIN THE MEANING OF THAT ARTICLE BEING DEFINED AS THE CROSSING OF THE FRONTIER OF THE IMPORTING COUNTRY, DULY RECORDED BY THE COMPETENT CUSTOMS AUTHORITIES, PROVIDED THAT IT IS ALSO ESTABLISHED THAT THE GOODS WERE SUBSEQUENTLY GIVEN CUSTOMS CLEARANCE AND PUT INTO FREE CIRCULATION .

4 . ARTICLE 8 OF REGULATION NO 102/64 DOES NOT LAY DOWN ANY SPECIFIED PERIOD FOR THE INTRODUCTION OF A REQUEST FOR THE CONSIDERATION OF CIRCUMSTANCES OF FORCE MAJEURE, BUT IT NEVERTHELESS REQUIRES THE IMPORTERS OR EXPORTERS CONCERNED TO SUBSTANTIATE THEIR CLAIMS IN THE FULLEST POSSIBLE MANNER .