ddrg/super_eurlex huggingface dataset:
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COMMUNITY LAW - PRIMACY - COMMISSION DECISION ADDRESSED TO A MEMBER STATE REQUIRING IT TO ADOPT MEASURES CONTRARY TO NATIONAL COMPETITION LAW - DECISION BINDING ON ALL THE ORGANS OF THE STATE, INCLUDING ITS COURTS

( EEC TREATY, ART . 189, FOURTH PARAGRAPH )

Summary

THE FOURTH PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY MUST BE INTERPRETED, HAVING REGARD TO THE PRIMACY OF COMMUNITY LAW, AS MEANING THAT A DECISION ADDRESSED TO A MEMBER STATE IS BINDING ON ALL THE ORGANS OF THAT STATE, INCLUDING THE COURTS OF THAT STATE .

ACCORDINGLY, A DECISION SUCH AS THAT ADDRESSED BY THE COMMISSION ON 25 FEBRUARY 1985 TO THE FEDERAL REPUBLIC OF GERMANY ON MEASURES FOR THE PROMOTION OF SALES OF BUTTER ON THE WEST BERLIN MARKET PRECLUDES A COURT OF THAT STATE FROM RESTRAINING CONDUCT ON THE PART OF THE COMPETENT INTERVENTION AGENCY FOR AGRICULTURE WHICH IS CONTRARY TO NATIONAL LEGISLATION ON UNFAIR COMPETITION AND ON BONUS OFFERS BUT WHICH THAT AGENCY ADOPTED IN IMPLEMENTATION OF THE DECISION .
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1 . ACTION FOR FAILURE TO FULFIL OBLIGATIONS - OBJECT OF THE ACTION - ESTABLISHED BY THE REASONED OPINION - TIME-LIMIT ACCORDED TO THE MEMBER STATE - DEFAULT SUBSEQUENTLY REMEDIED - OBJECT OF PURSUIT OF THE ACTION - POSSIBLE LIABILITY OF A MEMBER STATE

( EEC TREATY, ART . 169 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PARALLEL IMPORTS OF VEHICLES - INCREASE IN THE NUMBER OF ADMINISTRATIVE REQUIREMENTS - UNACCEPTABLE - JUSTIFICATION - GROUNDS OF PUBLIC POLICY - NONE

( EEC TREATY, ARTS 30 AND 36 )

Summary

1 . THE OBJECT OF AN ACTION UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION, AND EVEN WHEN THE DEFAULT HAS BEEN REMEDIED AFTER THE TIME-LIMIT PRESCRIBED BY PARAGRAPH 2 OF THE SAME ARTICLE, PURSUIT OF THE ACTION STILL HAS AN OBJECT . THAT OBJECT MAY CONSIST IN PARTICULAR IN ESTABLISHING THE BASIS OF THE LIABILITY THAT A MEMBER STATE COULD INCUR TOWARDS THOSE WHO ACQUIRE RIGHTS AS A RESULT OF ITS DEFAULT .

2 . ARTICLE 30 OF THE TREATY, PROHIBITING MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION, IS INFRINGED BY AN INCREASE BY A MEMBER STATE IN THE NUMBER OF ADMINISTRATIVE REQUIREMENTS INVOLVING THE PRODUCTION OF DOCUMENTS NECESSARY FOR PARALLEL IMPORTS OF VEHICLES, WHETHER NEW OR ALREADY REGISTERED, FROM OTHER MEMBER STATES . THOSE REQUIREMENTS, WHICH MAKE REGISTRATION OF THE VEHICLES MORE COMPLICATED, LONGER AND MORE COSTLY, CANNOT BE JUSTIFIED ON GROUNDS OF PUBLIC POLICY CONNECTED WITH THE DETECTION OR PREVENTION OF DEALING IN STOLEN VEHICLES SINCE THEY CANNOT BE REGARDED AS NECESSARY FOR THAT PURPOSE . THAT IS THE CASE WHEN THE INFORMATION REQUIRED DUPLICATES THAT SUPPLIED BY THE AUTHORITIES OF THE EXPORTING MEMBER STATE AND LESS RESTRICTIVE MEASURES WOULD BE SUFFICIENT TO ACHIEVE THE DESIRED OBJECTIVE .
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1 . COMMUNITY LAW - PRINCIPLES - RIGHT TO A FAIR HEARING - APPLICATION TO ADMINISTRATIVE PROCEDURES INITIATED BY THE COMMISSION - EXAMINATION OF AID SCHEMES - SCOPE

( EEC TREATY, ART . 93*(2 )*)

2 . AID GRANTED BY MEMBER STATES - CONCEPT - SECTORAL AID FINANCED BY A PARAFISCAL CHARGE LEVIED ON NATIONAL PRODUCTION IN THE SECTOR IN QUESTION - ARRANGEMENT OF NO CONSEQUENCE FOR THE PURPOSE OF THE APPLICATION OF ARTICLE 92 OF THE TREATY

( EEC TREATY, ART . 92 )

3 . AID GRANTED BY MEMBER STATES - PROHIBITION - DEROGATIONS - ADVERSE EFFECT ON TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST

( EEC TREATY, ART . 92*(3)*(C )*)

Summary

1 . OBSERVANCE OF THE RIGHT TO BE HEARD IS, IN ALL PROCEEDINGS INITIATED AGAINST A PERSON WHICH ARE LIABLE TO CULMINATE IN A MEASURE ADVERSELY AFFECTING THAT PERSON, A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH MUST BE GUARANTEED EVEN IN THE ABSENCE OF ANY RULES GOVERNING THE PROCEDURE IN QUESTION .

APPLIED TO THE COMMISSION' S EXAMINATION OF AID SCHEMES, THAT PRINCIPLE REQUIRES THAT THE MEMBER STATE IN QUESTION MUST BE ENABLED EFFECTIVELY TO MAKE KNOWN ITS VIEWS ON THE OBSERVATIONS WHICH INTERESTED THIRD PARTIES HAVE SUBMITTED UNDER ARTICLE 93*(2 ) OF THE TREATY AND ON WHICH THE COMMISSION PROPOSES TO BASE ITS DECISION . IN SO FAR AS THE MEMBER STATE HAS NOT BEEN AFFORDED THE OPPORTUNITY TO COMMENT ON THOSE OBSERVATIONS, THE COMMISSION MAY NOT USE THEM IN ITS DECISION AGAINST THAT STATE WITHOUT INFRINGING THE RIGHT TO BE HEARD . FOR SUCH AN INFRINGEMENT TO RESULT IN AN ANNULMENT IT MUST, HOWEVER, BE ESTABLISHED THAT, HAD IT NOT BEEN FOR THAT IRREGULARITY, THE OUTCOME OF THE PROCEDURE MIGHT HAVE BEEN DIFFERENT .

2 . THE MERE FACT THAT A SYSTEM OF SUBSIDIES WHICH BENEFITS CERTAIN TRADERS IN A SPECIFIC SECTOR IS FINANCED BY A PARAFISCAL CHARGE LEVIED ON EVERY SUPPLY OF NATIONAL GOODS IN THAT SECTOR IS NOT SUFFICIENT TO DIVEST THE SYSTEM OF ITS CHARACTER AS AID GRANTED BY A MEMBER STATE WITHIN THE MEANING OF ARTICLE 92 OF THE TREATY . THE ASSESSMENT OF THAT SYSTEM FOR THE PURPOSES OF ARTICLE 92 DEPENDS ON THE DETAILED ARRANGEMENTS UNDER AND THE EFFECTS OF THE SYSTEM .

3 . THE COMMISSION DOES NOT EXCEED THE LIMITS OF ITS DISCRETION IN TAKING THE VIEW THAT EVEN RELATIVELY LITTLE AID MAY NEVERTHELESS ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST FOR THE PURPOSES OF ARTICLE 92*(3)*(C ) OF THE TREATY WHEN, IN A SECTOR CHARACTERIZED BY ITS NARROW PROFIT MARGINS, THAT AID HELPS THE RECIPIENT UNDERTAKINGS TO FINANCE INVESTMENTS IN TECHNOLOGICALLY ADVANCED EQUIPMENT SO AS TO RAISE PRODUCTIVITY AND PRODUCT-QUALITY, THEREBY ENABLING THE SECTOR IN QUESTION TO COMPETE MORE EFFECTIVELY WITH IMPORTS, WHICH COME MAINLY FROM THE OTHER MEMBER STATES .
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SOCIAL POLICY - EUROPEAN SOCIAL FUND - AID FOR RECRUITMENT AND EMPLOYMENT OF YOUNG PEOPLE UNDER 25 - AMOUNT OF ASSISTANCE CALCULATED "PER PERSON AND PER UNIT OF TIME" - DETERMINATION OF THE UNIT OF TIME BY THE COMMISSION - DECISION 83/621 - CHOICE OF A WEEK AS THE UNIT OF TIME WITHOUT ANY APPARENT POSSIBILITY OF A REDUCTION OF THE AMOUNT FOR PART-TIME WORK - INTRODUCTION OF SUCH A REDUCTION DURING THE COURSE OF THE FINANCIAL YEAR - PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS - BREACH

( COUNCIL REGULATION NO 2950/83, ART . 2*(2 ); COMMISSION DECISION 83/621 )

Summary

ARTICLE 2*(2 ) OF COUNCIL REGULATION NO 2950/83 PROVIDES THAT THE COMMISSION IS TO DETERMINE EACH YEAR THE AMOUNTS OF ASSISTANCE TO BE GRANTED FROM THE EUROPEAN SOCIAL FUND DURING THE FOLLOWING FINANCIAL YEAR PER PERSON AND PER UNIT OF TIME . IT ENABLES THE COMMISSION, WHEN DETERMINING THE AMOUNTS, TO CHOOSE BETWEEN A NUMBER OF POSSIBILITIES FOR THE UNIT OF TIME TO BE APPLIED .

THE REFERENCE TO A WEEK AS THE UNIT OF TIME IN COMMISSION DECISION 83/621 ON THE RATES OF ASSISTANCE FROM THE EUROPEAN SOCIAL FUND TOWARDS EXPENDITURE ON RECRUITMENT AND EMPLOYMENT PREMIUMS FOR THE FINANCIAL YEAR 1984 MUST, HAVING REGARD TO THE TERMS THEREOF, TO PREVIOUS PRACTICE AND TO THE ABSENCE OF ANY INDICATION TO THE CONTRARY, BE TAKEN TO MEAN A CALENDAR WEEK, WITH THE RESULT THAT NO PROVISION APPEARS TO HAVE BEEN MADE FOR REDUCTIONS OF THE AMOUNTS GRANTED IN RESPECT OF PART-TIME POSTS . ACCORDINGLY, THE COMMISSION COULD NOT INTRODUCE SUCH REDUCTIONS DURING THE COURSE OF THE FINANCIAL YEAR WITHOUT CONTRAVENING THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SHEEPMEAT AND GOATMEAT - ANNUAL PREMIUM PAYABLE PER EWE - BASIS OF CALCULATION - LOSS OF INCOME - CALCULATION - CONSIDERATION OF THE VARIABLE SLAUGHTER PREMIUM - DETERMINATION OF THE WEIGHTED AVERAGE OF THE PREMIUMS ACTUALLY GRANTED - UNLAWFUL METHOD OF CALCULATION ADOPTED BY REGULATIONS NOS 1989/85 AND 728/86

( COUNCIL REGULATION NO 1837/80, ART . 5 ( 6 ), AS AMENDED BY REGULATION NO 871/84; COMMISSION REGULATIONS NOS 1989/85 AND 728/86 )

Summary

COMMISSION REGULATIONS NOS 1989/85 AND 728/86 MUST BE DECLARED VOID IN SO FAR AS THEY CONCERN THE CALCULATION OF BOTH THE AMOUNT OF THE ANNUAL PREMIUM PAYABLE PER EWE FOR REGION 5 ( GREAT BRITAIN ) AND THE BALANCE WHICH MUST BE PAID TO PRODUCERS LOCATED IN THAT REGION WHO HAVE RECEIVED AN ADVANCE ON ACCOUNT OF THE PREMIUM .

THOSE REGULATIONS ADOPT A METHOD OF CALCULATING THE WEIGHTED AVERAGE OF THE VARIABLE SLAUGHTER PREMIUMS ACTUALLY GRANTED WHICH ARE TO BE DEDUCTED FROM THE LOSS OF INCOME; THAT CONSTITUTES THE BASIS FOR CALCULATING THE ANNUAL PREMIUM WHICH, IN SO FAR AS IT INVOLVES ORDERS OF MAGNITUDE THAT ARE NOT COMMENSURATE, HAS NO LEGAL BASIS IN ARTICLE 5 ( 6 ) OF COUNCIL REGULATION NO 1837/80, AS AMENDED BY REGULATION NO 871/84 .
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1 . MEMBER STATES - OBLIGATIONS - COMMISSION' S INITIATIVE IN ORDER TO MEET URGENT NEEDS - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY, ART . 5 )

2 . FISHERIES - CONSERVATION OF MARITIME RESOURCES - COUNCIL' S FAILURE TO ACT - ADOPTION OF INTERIM CONSERVATION MEASURES - CONDITIONS - COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION - QUOTA PROPOSALS ADOPTED UNILATERALLY BY THE COMMISSION - QUOTAS EXCEEDED - INTERVENTION MEASURES AND EXPORT REFUNDS - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFULNESS

( COUNCIL REGULATION NO 729/70, ARTS 2 AND 3 )

3 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - RULES WHICH MAY HAVE FINANCIAL CONSEQUENCES

Summary

1 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION WHERE THE COMMISSION, IN ORDER TO MEET URGENT FISHERY CONSERVATION NEEDS, HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH, ALTHOUGH THEY HAVE NOT BEEN ADOPTED BY THE COUNCIL, REPRESENT A BASIS FOR CONCERTED COMMUNITY ACTION .

2 . WHERE THE COUNCIL HAS FAILED TO ADOPT THE CONSERVATION MEASURES NECESSARY TO PROTECT FISH STOCKS SUCH MEASURES, DESIGNED TO ANSWER URGENT NEEDS, MAY BE AGREED UPON BY MEANS OF A PROCESS OF COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN ORDER TO ENABLE THE COMMUNITY TO MEET ITS RESPONSIBILITIES . IN THE ABSENCE OF SUCH COOPERATION, PROPOSALS UNILATERALLY MADE BY THE COMMISSION IN RELATION TO THE FISHING QUOTAS TO BE ALLOCATED TO A MEMBER STATE CANNOT BE REGARDED AS COMMUNITY RULES WITHIN THE MEANING OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 OF THE COUNCIL ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, DISREGARD OF WHICH COULD JUSTIFY THE COMMISSION' S REFUSAL TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND EXPENDITURE INCURRED IN THE FORM OF INTERVENTION MEASURES AND EXPORT REFUNDS BY THE MEMBER STATE IN RELATION TO CATCHES IN EXCESS OF THE SAID QUOTAS .

3 . COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
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Officials - Pensions - Pension rights acquired before entry into the service of the Communities - Transfer to the Community scheme - Arrangements - Choice of actuarial equivalent - Limit - Option not provided for in national pension scheme )

( Staff Regulations, Annex VIII, Art . 11 ( 2 ) )

Summary

Article 11 ( 2 ) of Annex VIII to the Staff Regulations of Officials of the European Communities must be interpreted as meaning that officials who, before entering the service of the Communities, were affiliated to a contributory pension scheme are entitled to call for the transfer of the actuarial

equivalent of retirement pension rights acquired under the national scheme, envisaged in that provision, only where such a transfer is possible under the domestic law to which the national social security institution is subject .
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FREEDOM TO PROVIDE SERVICES - LAWYERS - DIRECTIVE 77/249 - IMPLEMENTATION - OBLIGATION TO WORK IN CONJUNCTION WITH A LOCAL LAWYER - SCOPE - DETAILED ARRANGEMENTS - TERRITORIAL RESTRICTION OF THE RIGHT TO PLEAD APPLICABLE TO LOCAL LAWYERS - NOT APPLICABLE TO THE LAWYER PROVIDING SERVICES

( EEC TREATY, ARTS 59 AND 60; COUNCIL DIRECTIVE 77/249 )

Summary

THE FEDERAL REPUBLIC OF GERMANY FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE EEC TREATY AND COUNCIL DIRECTIVE 77/249/EEC TO FACILITATE THE EFFECTIVE EXERCISE BY LAWYERS OF FREEDOM TO PROVIDE SERVICES,

BY REQUIRING THE LAWYER PROVIDING SERVICES TO ACT IN CONJUNCTION WITH A LAWYER ESTABLISHED ON GERMAN TERRITORY, EVEN WHERE UNDER GERMAN LAW THERE IS NO REQUIREMENT OF REPRESENTATION BY A LAWYER

BY REQUIRING THAT THE GERMAN LAWYER, IN CONJUNCTION WITH WHOM HE MUST ACT, HIMSELF BE THE AUTHORIZED REPRESENTATIVE OR DEFENDING COUNSEL IN THE CASE,

BY NOT ALLOWING THE LAWYER PROVIDING SERVICES TO APPEAR IN THE ORAL PROCEEDINGS UNLESS HE IS ACCOMPANIED BY THE SAID GERMAN LAWYER,

BY LAYING DOWN UNJUSTIFIED REQUIREMENTS REGARDING PROOF OF THE CO-INVOLVEMENT OF THE TWO LAWYERS,

BY IMPOSING THE REQUIREMENT, WITHOUT ANY POSSIBLE EXCEPTION, THAT THE LAWYER PROVIDING SERVICES IS TO BE ACCOMPANIED BY A GERMAN LAWYER IF HE VISITS A PERSON HELD IN CUSTODY AND IS NOT TO CORRESPOND WITH THAT PERSON EXCEPT THROUGH THE SAID GERMAN LAWYER, AND

BY MAKING LAWYERS PROVIDING SERVICES SUBJECT TO THE RULE OF TERRITORIAL EXCLUSIVITY LAID DOWN IN PARAGRAPH 52 ( 2 ) OF THE BUNDESRECHTSANWALTSORDNUNG .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - SCOPE - REFERENCE TO THE LEGAL BASIS OF A MEASURE

( EEC TREATY, ART . 190 )

2 . MEASURES ADOPTED BY THE INSTITUTIONS - CHOICE OF LEGAL BASIS - CRITERIA

( EEC TREATY, ART . 190 )

3 . EEC TREATY - ARTICLE 235 - SCOPE

4 . COMMON COMMERCIAL POLICY - CONCEPT - DEVELOPMENT POLICY - SYSTEM OF GENERALIZED TARIFF PREFERENCES - INCLUSION

( EEC TREATY, ART . 110 ET SEQ . AND ART . 235; COUNCIL REGULATIONS NOS 3599/85 AND 3600/85 )

Summary

1 . IN ORDER TO SATISFY THE REQUIREMENT TO STATE REASONS WHICH IS LAID DOWN BY ARTICLE 190 OF THE TREATY, COMMUNITY MEASURES MUST INCLUDE A STATEMENT OF THE FACTS AND LAW WHICH LED THE INSTITUTION IN QUESTION TO ADOPT THEM, SO AS TO MAKE POSSIBLE REVIEW BY THE COURT AND SO THAT THE MEMBER STATES AND THE NATIONALS CONCERNED MAY HAVE KNOWLEDGE OF THE CONDITIONS UNDER WHICH THE COMMUNITY INSTITUTIONS HAVE APPLIED THE TREATY .

ALTHOUGH FAILURE TO REFER IN THE STATEMENT OF REASONS TO A PRECISE PROVISION OF THE TREATY NEED NOT NECESSARILY CONSTITUTE AN INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS WHEN THE LEGAL BASIS FOR THE MEASURE MAY BE DETERMINED FROM OTHER PARTS OF THE MEASURE, SUCH EXPLICIT REFERENCE IS INDISPENSABLE WHERE, IN ITS ABSENCE, THE PARTIES CONCERNED AND THE COURT ARE LEFT UNCERTAIN AS TO THE PRECISE LEGAL BASIS .

2 . IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MAY NOT DEPEND SIMPLY ON AN INSTITUTION' S CONVICTION AS TO THE OBJECTIVE PURSUED BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW .

3 . IT FOLLOWS FROM THE VERY WORDING OF ARTICLE 235 THAT ITS USE AS THE LEGAL BASIS FOR A MEASURE IS JUSTIFIED ONLY WHERE NO OTHER PROVISION OF THE TREATY GIVES THE COMMUNITY INSTITUTIONS THE NECESSARY POWER TO ADOPT THE MEASURE IN QUESTION .

4 . IT WOULD NO LONGER BE POSSIBLE TO CARRY ON ANY WORTHWHILE COMMON COMMERCIAL POLICY IF THE COMMUNITY WERE NOT IN A POSITION TO AVAIL ITSELF OF MEANS OF ACTION GOING BEYOND INSTRUMENTS INTENDED TO HAVE AN EFFECT ONLY ON THE TRADITIONAL ASPECTS OF EXTERNAL TRADE . IN DEFINING THE CHARACTERISTICS AND THE INSTRUMENTS OF THE COMMON COMMERCIAL POLICY IN ARTICLE 110 ET SEQ ., THE TREATY TOOK INTO ACCOUNT POSSIBLE CHANGES IN THE CONCEPT OF INTERNATIONAL TRADE RELATIONS, SUCH AS THE PROGRESSIVE STRENGTHENING OF THE LINK BETWEEN TRADE AND DEVELOPMENT .

SINCE THE COMMUNITY SYSTEM OF GENERALIZED PREFERENCES REFLECTS A NEW CONCEPT OF INTERNATIONAL TRADE RELATIONS IN WHICH DEVELOPMENT AIMS PLAY A MAJOR ROLE, MEASURES IMPLEMENTING THAT SYSTEM FALL WITHIN THE SPHERE OF THE COMMON COMMERCIAL POLICY . THE COUNCIL HAS THE POWER TO ADOPT THEM PURSUANT TO ARTICLE 113 OF THE TREATY AND IS NOT JUSTIFIED IN TAKING AS ITS BASIS ARTICLE 235 .
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1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - AGREEMENTS BETWEEN UNDERTAKINGS - AUTOMATIC NULLITY - EFFECTS ON THOSE PARTS OF THE AGREEMENT WHICH ARE NOT INCOMPATIBLE WITH ARTICLE 85 ( 1 ) - MATTER FOR THE NATIONAL COURT TO DECIDE - APPLICATION OF NATIONAL LAW

( EEC TREATY , ART . 85 ( 1 ) AND ( 2 ))

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PROHIBITION - EXEMPTION BY CATEGORIES - REGULATION NO 123/85 - PURPOSE AND SCOPE

( EEC TREATY , ART . 85 ( 1 ) TO ( 3 ); COMMISSION REGULATION NO 123/85 )

Summary

1 . THE CONSEQUENCES OF THE FACT THAT THOSE CONTRACTUAL PROVISIONS WHICH ARE INCOMPATIBLE WITH ARTICLE 85 ( 1 ) OF THE EEC TREATY ARE AUTOMATICALLY VOID FOR ALL OTHER PARTS OF THE AGREEMENT OR FOR OTHER OBLIGATIONS FLOWING FROM IT ARE NOT A MATTER FOR COMMUNITY LAW . IT IS FOR THE NATIONAL COURT TO DETERMINE IN ACCORDANCE WITH THE RELEVANT NATIONAL LAW THE EXTENT AND CONSEQUENCES OF THE NULLITY OF CERTAIN CONTRACTUAL PROVISIONS BY VIRTUE OF ARTICLE 85 ( 2 ).

2 . COMMISSION REGULATION NO 123/85 ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE EEC TREATY TO CERTAIN CATEGORIES OF MOTOR VEHICLE DISTRIBUTION AND SERVICING AGREEMENTS DOES NOT LAY DOWN ANY MANDATORY PROVISIONS DIRECTLY AFFECTING THE VALIDITY OR THE CONTENT OF CONTRACTUAL PROVISIONS OR OBLIGE THE CONTRACTING PARTIES TO ADAPT THE CONTENTS OF THEIR AGREEMENT BUT MERELY LAYS DOWN CONDITIONS WHICH , IF THEY ARE SATISFIED , EXCLUDE CERTAIN CONTRACTUAL PROVISIONS FROM THE PROHIBITION AND CONSEQUENTLY FROM THE AUTOMATIC NULLITY PROVIDED FOR IN ARTICLE 85 ( 1 ) OF THE EEC TREATY .
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1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ART . 177 )

2 . COMPETITION - COMMUNITY RULES - NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL - COMPATIBILITY

( EEC TREATY, ARTS 3 ( F ) AND 85 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICE RULES - NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL - INSUFFICIENT ACCOUNT TAKEN OF COSTS OF IMPORTATION OR OF OBTAINING SUPPLIES - NOT PERMISSIBLE - INCOMPATIBILITY WITH THE COMMON ORGANIZATION OF THE MARKETS

( EEC TREATY, ART . 30; REGULATION NO 805/68 OF THE COUNCIL, ART . 22 )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 177 OF THE EEC TREATY, THE COURT MAY NOT GIVE A RULING ON THE COMPATIBILITY OF A NATIONAL LEGISLATIVE PROVISION WITH COMMUNITY LAW . THE COURT MAY, HOWEVER, PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION OF ALL THE RELEVANT POINTS OF COMMUNITY LAW SO AS TO ENABLE THAT COURT TO DETERMINE WHETHER THE NATIONAL PROVISIONS ARE COMPATIBLE WITH THE RULE OF COMMUNITY LAW REFERRED TO .

2 . ARTICLES 3 ( F ) AND 85 OF THE EEC TREATY DO NOT PROHIBIT THE ADOPTION BY MEMBER STATES OF NATIONAL RULES PROVIDING FOR RETAIL PRICES OF BEEF AND VEAL TO BE FIXED BY THE PUBLIC AUTHORITIES .

3 . NATIONAL RULES REGULATING THE RETAIL PRICES OF BEEF AND VEAL REQUIRING RETAILERS NOT TO SELL THEIR PRODUCTS TO CONSUMERS AT A PRICE EXCEEDING THE AVERAGE PURCHASE PRICE PLUS A FIXED GROSS PROFIT MARGIN AND A FLAT-RATE AMOUNT FOR THE COSTS OF TRANSPORTATION :

( I ) CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION CONTRARY TO ARTICLE 30 OF THE EEC TREATY AND TO ARTICLE*22 OF REGULATION NO 805/68 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL IF THE FIXED PROFIT MARGIN AND THE FLAT-RATE AMOUNT FOR THE COSTS OF TRANSPORTATION DO NOT TAKE SUFFICIENT ACCOUNT OF THE COSTS OF IMPORTATION ACTUALLY INCURRED BY RETAILERS;

( II ) ARE INCOMPATIBLE WITH REGULATION NO 805/68 IF THE COSTS OF TRANSPORTATION ARE FIXED ON A FLAT-RATE BASIS WHICH IS INSUFFICIENT TO COVER THE COSTS ACTUALLY INCURRED BY RETAILERS IN OBTAINING SUPPLIES ON THE NATIONAL MARKET AND WHICH CONSEQUENTLY AFFECTS THE DISTRIBUTION NETWORK FOR BEEF AND VEAL IN CERTAIN REGIONS .
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OFFICIALS - PROMOTION - CONSIDERATION OF COMPARATIVE MERITS - PROCEDURE - TAKING ACCOUNT OF PERIODIC REPORTS - INCOMPLETE PERSONAL FILE - CONSEQUENCES

( STAFF REGULATIONS OF OFFICIALS, ARTS 43 AND 45 )

Summary

THE PERIODIC REPORT CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION .

A PROMOTION PROCEDURE IS TAINTED WITH IRREGULARITY WHEN THE APPOINTING AUTHORITY HAS NOT BEEN ABLE TO CONSIDER THE COMPARATIVE MERITS OF THE CANDIDATES BECAUSE THERE HAS BEEN A SUBSTANTIAL DELAY ON THE PART OF THE ADMINISTRATION IN DRAWING UP THE PERIODIC REPORTS OF ONE OR MORE OF THEM .

IT IS NOT, HOWEVER, NECESSARY FOR ALL THE CANDIDATES TO BE AT EXACTLY THE SAME STAGE REGARDING THE STATE OF THEIR PERIODIC REPORTS AT THE TIME OF THE PROMOTION DECISION, OR FOR THE APPOINTING AUTHORITY TO POSTPONE ITS DECISION IF THE MOST RECENT REPORT ON ONE OR OTHER OF THE CANDIDATES HAS NOT YET BEEN DRAWN UP . FURTHERMORE, THE FACT THAT THE PERSONAL FILE OF ONE CANDIDATE IS IRREGULAR AND INCOMPLETE IS NOT A SUFFICIENT GROUND FOR THE ANNULMENT OF THE PROMOTION DECISIONS UNLESS IT IS ESTABLISHED THAT THIS WAS CAPABLE OF HAVING A DECISIVE EFFECT ON THE PROMOTION PROCEDURE .
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1 . OFFICIALS - REIMBURSEMENT OF EXPENSES - RENT ALLOWANCE - GRANT FOR THE PERIOD PRECEDING THE SUBMISSION OF THE APPLICATION - WHETHER PERMISSIBLE - CONDITION - POSSIBILITY FOR THE APPOINTING AUTHORITY TO VERIFY BEFOREHAND WHETHER THE APPLICATION IS JUSTIFIED

( STAFF REGULATIONS OF OFFICIALS, ANNEX VII, ART . 14A; COUNCIL REGULATION NO 6/66/EURATOM, 121/66/EEC )

2 . OFFICIALS - APPLICATION - UNLIMITED JURISDICTION OF THE COURT - REJECTION OF THE APPLICANT' S REQUESTS - ORDER MADE BY THE COURT OF ITS OWN MOTION THAT THE DEFENDANT PAY COMPENSATION FOR MALADMINISTRATION ON ITS PART - ASSESSMENT OF THE DAMAGE EX AEQUO ET BONO

( STAFF REGULATIONS OF OFFICIALS, ART . 91*(1 )*)

Summary

1 . THE APPOINTING AUTHORITY MUST BE ABLE, BEFORE DECIDING WHETHER TO GRANT THE RENT ALLOWANCE PROVIDED FOR IN ARTICLE 14A OF ANNEX VII TO THE STAFF REGULATIONS, TO VERIFY WHETHER THE CONDITIONS FOR THE GRANT OF THE ALLOWANCE, WITH REGARD TO THE PREMISES OCCUPIED, ARE FULFILLED . ACCORDINGLY, THAT ALLOWANCE CANNOT NORMALLY BE GRANTED IF THE OFFICIAL IN QUESTION NO LONGER OCCUPIES THE PREMISES IN RESPECT OF WHICH THE ALLOWANCE IS APPLIED FOR .

HOWEVER, THERE IS NOTHING TO PREVENT THE ALLOWANCE FROM BEING GRANTED IN RESPECT OF THE PERIOD PRECEDING THE SUBMISSION OF THE OFFICIAL' S APPLICATION WHERE THE LATTER STILL OCCUPIES THE PREMISES IN QUESTION . THE OBLIGATION TO CARRY OUT PRIOR VERIFICATIONS CANNOT HAVE THE EFFECT OF DEPRIVING THE OFFICIAL OF THE BENEFIT OF THE ALLOWANCE IN RESPECT OF THE PERIOD BETWEEN THE TIME WHEN HE MOVES INTO THE PREMISES AND THE TIME WHEN THE APPOINTING AUTHORITY DECIDES TO GRANT THE ALLOWANCE AFTER CARRYING OUT THE NECESSARY VERIFICATIONS ON THE BASIS OF THE OFFICIAL' S APPLICATION .

2 . IN THE EXERCISE OF THE UNLIMITED JURISDICTION CONFERRED UPON IT BY ARTICLE 91*(1 ) OF THE STAFF REGULATIONS IN A DISPUTE OF A FINANCIAL CHARACTER, THE COURT MAY, WHILST REJECTING BOTH A CLAIM FOR ANNULMENT AND A CLAIM FOR THE GRANT OF AN ALLOWANCE PROVIDED FOR BY THE STAFF REGULATIONS, AS THE CONDITIONS FOR SUCH A GRANT ARE NOT FULFILLED, OF ITS OWN MOTION MAKE A FINDING THAT THE DEFENDANT INSTITUTION IS GUILTY OF MALADMINISTRATION AND ORDER IT TO MAKE GOOD THE DAMAGE THEREBY CAUSED TO THE OFFICIAL . IN SUCH A CASE, THE COURT MAY, HAVING REGARD TO ALL THE CIRCUMSTANCES OF THE CASE, ASSESS THE DAMAGE EX AEQUO ET BONO .