ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - PERIODIC REPORTS - COMPILATION - DUTY OF THE ADMINISTRATION - BREACH - JUSTIFICATION BASED ON INTERNAL ORGANIZATION - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ART . 43 )

2 . OFFICIALS - PROMOTION - CONSIDERATION OF COMPARATIVE MERITS - CONDITIONS FOR ITS LEGALITY - THE TAKING INTO CONSIDERATION OF PERIODIC REPORTS - DOCUMENTS CAPABLE OF TAKING THE PLACE OF A NON-EXISTENT REPORT - PERMISSIBILITY - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 45 ( 1 ))

Summary

1 . ONE OF THE BOUNDEN DUTIES OF THE ADMINISTRATION IS TO ENSURE THAT REPORTS ARE DRAWN UP PERIODICALLY ON THE DATES LAID DOWN BY THE STAFF REGULATIONS OF OFFICIALS AND THAT THEY ARE DRAWN UP IN A PROPER FORM . CONSEQUENTLY , THE ADMINISTRATION MAY NOT PUT FORWARD ITS INTERNAL AD- MINISTRATIVE ORGANIZATION AS A JUSTIFICATION FOR FAILURE TO OBSERVE THE OBLIGATIONS OWED BY IT TOWARDS ITS OFFICIALS IN THIS REGARD .

2 . ALTHOUGH IT IS TRUE THAT IN EXCEPTIONAL CIRCUMSTANCES THE ABSENCE OF PERIODIC REPORTS MAY BE COMPENSATED FOR AT THE TIME WHEN THE COMPARATIVE MERITS OF THE OFFICIALS ELIGIBLE FOR PROMOTION ARE CONSIDERED , BY THE EXISTENCE OF OTHER INFORMATION ON THE MERITS OF THE OFFICIAL CONCERNED , SUCH IS NOT , HOWEVER , THE CASE WITH A REPORT IRREGULARLY INCLUDED IN A PERSONAL FILE AFTER IT HAS BEEN CHALLENGED BY THE OFFICIAL OR A PROPOSAL FOR PROMOTION , EVEN IN EULOGISTIC TERMS , OR A LIST OF THE OFFICIAL ' S PUBLICATIONS , DRAWN UP BY HIM AND CONTAINING NO OBJECTIVE ASSESSMENT OF THEIR SCIENTIFIC VALUE .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - PURPOSE

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 2 ))

2.OFFICIALS - REMUNERATION - WEIGHTINGS - DETERMINATION - CRITERIA THEREFOR - LIVING CONDITIONS IN THE VARIOUS PLACES OF EMPLOYMENT - CONCEPT OF PLACE OF EMPLOYMENT - CORRESPONDING OBLIGATION OF THE INSTITUTIONS

( STAFF REGULATIONS OF OFFICIALS , FIRST PARAGRAPH OF ART . 64 )

3.OFFICIALS - REMUNERATION - ADJUSTMENT IN THE EVENT OF A SUBSTANTIAL RISE IN THE COST OF LIVING - ADJUSTMENT OF WEIGHTINGS - DUTY OF COUNCIL - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 65 ( 2 ))

Summary

1 . UNDER ARTICLE 91 OF THE STAFF REGULATIONS AN APPEAL TO THE COURT OF JUSTICE LIES ONLY IF THE APPOINTING AUTHORITY HAS PREVIOUSLY HAD A COMPLAINT SUBMITTED TO IT AND THE COMPLAINT HAS BEEN REJECTED BY A DECISION . THE OBJECT OF THAT PROVISION IS TO PERMIT AND ENCOURAGE AN AMICABLE SETTLEMENT OF THE DISPUTE WHICH HAS ARISEN BETWEEN OFFICIALS OR OTHER EMPLOYEES AND THE ADMINISTRATION AND , IN ORDER TO COMPLY WITH THAT REQUIREMENT , IT IS ESSENTIAL THAT THE ADMINISTRATION SHOULD BE IN A POSITION TO KNOW THE COMPLAINTS OR REQUESTS OF THE PERSONS CONCERNED .

2 . IN ORDER THAT THE RULE CONTAINED IN ARTICLE 64 OF THE STAFF REGULATIONS TO THE EFFECT THAT ACCOUNT MUST BE TAKEN OF LIVING CONDITIONS IN THE VARIOUS ' ' PLACES OF EMPLOYMENT ' ' MAY BE OBSERVED , THAT EXPRESSION MUST BE UNDERSTOOD AS MEANING NOT ONLY THE CAPITALS OF THE MEMBER STATES BUT THE EXACT PLACES WHERE THE DUTIES OF A SUFFICIENTLY LARGE NUMBER OF OFFICIALS AND OTHER EMPLOYEES OF THE COMMUNITIES ARE PERFORMED . THEREFORE IT IS FOR THE COMMUNITY INSTITUTIONS , IN CASES IN WHICH THE COST OF LIVING IN SUCH A PLACE OF EMPLOYMENT UNDERGOES FLUCTUATIONS GREATER THAN THOSE OCCURRING IN THE CAPITAL OF THE STATE IN QUESTION , TO DETERMINE SEPARATE WEIGHTINGS .

3 . THE WORDING OF ARTICLE 65 ( 2 ) PRECLUDES ANY INTERPRETATION TO THE EFFECT THAT THE COUNCIL IS NOT OBLIGED TO ADJUST THE WEIGHTINGS WITHIN A PERIOD OF TWO MONTHS FOLLOWING ANY SUBSTANTIAL CHANGE IN THE COST OF LIVING . THE COUNCIL ' S POWER IN THIS RESPECT IS TO DECIDE WHETHER OR NOT THERE HAS BEEN A SUBSTANTIAL INCREASE IN THE COST OF LIVING AND , IF THERE HAS , TO DRAW THE APPROPRIATE CONCLUSIONS . ANY OTHER INTERPRETATION WOULD RUN COUNTER TO THE OBJECTIVE OF THE PROVISION IN QUESTION WHICH IS TO GUARANTEE TO ALL OFFICIALS THE SAME PURCHASING POWER WHATEVER THEIR PLACE OF EMPLOYMENT .
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1 . OFFICIALS - STAFF REGULATIONS - REGULATION AMENDING THE STAFF REGULATIONS - FORMULATION PROCEDURE - REGULAR CONSULTATION WITH THE PARLIAMENT - ESSENTIAL PROCEDURAL REQUIREMENT - SCOPE

( MERGER TREATY , ART . 24 )

2 . APPLICATION FOR ANNULMENT - SUBMISSIONS - MISUSE OF POWER - CONCEPT

3 . OFFICIALS - EQUALITY OF TREATMENT - DIFFERENCE OF TREATMENT AS BETWEEN SERVING OFFICIALS AND PENSIONERS - ABSENCE OF DISCRIMINATION

Summary

1 . THE CONSULTATION PROVIDED FOR BY ARTICLE 24 OF THE MERGER TREATY , WHICH IN PARTICULAR ENABLES THE PARLIAMENT EFFECTIVELY TO PARTICIPATE IN THE COMMUNITY ' S LEGISLATIVE PROCESS , IS AN ESSENTIAL FEATURE OF THE INSTITUTIONAL BALANCE WHICH THE TREATIES SEEK TO ACHIEVE . REGULAR CONSULTATION WITH THE PARLIAMENT BEFORE THE ADOPTION OF A REGULATION AMENDING THE STAFF REGULATIONS OF OFFICIALS CONSTITUTES THEREFORE AN ESSENTIAL PROCEDURAL REQUIREMENT , THE DISREGARD OF WHICH RENDERS THE REGULATION IN QUESTION VOID .

THAT REQUIREMENT MAY BE REGARDED AS HAVING BEEN MET WHEN THE REGULATION FINALLY ADOPTED CONFORMS TO THE PROPOSAL SUBMITTED TO THE PARLIAMENT , SO LONG AS CHANGES MADE ARE OF METHOD RATHER THAN OF SUBSTANCE .

2 . THE MISUSE OF POWER HAS A PRECISELY DEFINED SCOPE : IT REFERS TO CASES WHERE AN ADMINISTRATIVE AUTHORITY HAS USED ITS POWERS FOR A PURPOSE OTHER THAN THAT FOR WHICH THEY WERE CONFERRED ON IT .

3 . DISCRIMINATION CONSISTS OF TREATING IN AN IDENTICAL MANNER SITUATIONS WHICH ARE DIFFERENT OR TREATING IN A DIFFERENT MANNER SITUATIONS WHICH ARE IDENTICAL . THE SITUATION OF A SERVING OFFICIAL DIFFERS CONSIDERABLY FROM THAT OF A PENSIONER , SO THAT THERE IS NO DISCRIMINATION IN A CASE WHERE THE COMMUNITY LEGISLATURE ACCORDS TO PENSIONERS TREATMENT WHICH IS NOT IDENTICAL TO THAT APPLIED TO SERVING OFFICIALS .
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1 . TAX PROVISIONS - INTERNAL TAXATION - GRANT OF TAX ADVANTAGES TO DOMESTIC PRODUCTS PERMISSIBLE - CONDITIONS - EXTENSION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES

( EEC TREATY , ART . 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - GRANT OF TAX ADVANTAGES TO DOMESTIC PRODUCTS - EXTENSION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES - DIFFICULTIES OWING TO METHODS OF TAXATION - CRITERIA OF EQUAL TREATMENT - ADVANTAGES RESERVED TO SMALL-SCALE PRODUCERS OF SPIRITS - CONDITION FOR QUALIFYING THEREFOR - UPPER LIMIT FOR PRODUCTION - COMPLIANCE WITH SAME LIMIT FOR IMPORTED PRODUCTS

( EEC TREATY , ART . 95 )

Summary

1 . IN THE ABSENCE OF ANY UNIFICATION OR HARMONIZATION OF THE RELEVANT PROVISIONS , COMMUNITY LAW DOES NOT PROHIBIT MEMBER STATES FROM GRANTING TAX ADVANTAGES FOR LEGITIMATE SOCIAL OR ECONOMIC PURPOSES , IN THE FORM OF EXEMPTION FROM OR REDUCTION OF DUTIES , TO CERTAIN PRODUCTS OR TO CERTAIN CLASSES OF PRODUCERS . HOWEVER , ACCORDING TO THE REQUIREMENTS OF ARTICLE 95 OF THE EEC TREATY , SUCH PREFERENTIAL SYSTEMS MUST BE EXTENDED WITHOUT DISCRIMINATION TO PRODUCTS COMING FROM OTHER MEMBER STATES SATISFYING THE SAME CONDITIONS .

2 . WHERE IT IS IMPOSSIBLE TO TRANSFER TO IMPORTED PRODUCTS TAX ADVANTAGES THE GRANT OF WHICH IS LINKED TO SPECIAL METHODS OF TAXATION AND OF SUPERVISION LAID DOWN BY THE LEGISLATION OF THE IMPORTING STATE , IT IS NECESSARY TO CONSIDER THAT THE REQUIREMENTS OF ARTICLE 95 OF THE TREATY ARE FULFILLED WHERE THE LEGISLATION OF A MEMBER STATE MAKES IT POSSIBLE TO APPLY TO IMPORTS OF PRODUCTS FROM OTHER MEMBER STATES ARRANGEMENTS THE PRACTICAL EFFECT OF WHICH MAY BE CONSIDERED AS EQUIVALENT TO THE ARRANGEMENTS APPLIED TO DOMESTIC PRODUCTS SO THAT IMPORTED PRODUCTS MAY IN FACT ENJOY THE SAME ADVANTAGES AS COMPARABLE NATIONAL PRODUCTS .

AS REGARDS , IN PARTICULAR , THE TAX ADVANTAGES RESERVED BY NATIONAL LEGISLATION TO CERTAIN CATEGORIES OF SMALL-SCALE PRODUCERS OF SPIRITS , THE FIXING BY THE LEGISLATION OF A MEMBER STATE OF AN UPPER LIMIT FOR PRODUCTION WHICH IS IMPOSED UPON PRODUCERS OF OTHER MEMBER STATES AS A CONDITION FOR QUALIFYING FOR A REDUCTION IN THE RATE OF TAX CONFORMS TO THE REQUIREMENTS OF ARTICLE 95 WHERE THAT LIMIT CORRESPONDS IN GENERAL TO THE UPPER LIMIT TO WHICH NATIONAL PRODUCERS ARE SUBJECT IN ORDER TO QUALIFY FOR THE SAME TAX ADVANTAGE . ARTICLE 95 DOES NOT REQUIRE THE MEMBER STATE TO EXTEND THE SAME ADVANTAGE TO IMPORTED PRODUCTS COMING FROM UNDERTAKINGS WHOSE PRODUCTION EXCEEDS THE PRODUCTION LIMIT THUS FIXED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE - DECLARATIONS BY MEMBER STATES - EFFECTS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 5 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE - GERMAN LAW ON THE REPARATION OF INJUSTICE PERPETRATED UNDER NATIONAL SOCIALISM IN THE FIELD OF SOCIAL INSURANCE - INCLUDED

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( J ) AND ART . 4 ( 4 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - CONTINUED VOLUNTARY OR OPTIONAL INSURANCE - ADMISSION - STATUS OF INSURED PERSON UNDER NATIONAL LEGISLATION LACKING - DUTY TO TAKE INTO ACCOUNT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE - NONE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 9 ( 2 ))

Summary

1 . THE FACT THAT A DOMESTIC LAW IS NOT MENTIONED IN THE DECLARATION MADE BY A MEMBER STATE PURSUANT TO ARTICLE 5 OF REGULATION NO 1408/71 DOES NOT MEAN THAT THAT LAW MUST BE DEEMED TO LIE OUTSIDE THE SCOPE OF THE REGULATION .

2 . LEGISLATION , SUCH AS THE GERMAN LAW ON THE REPARATION OF INJUSTICE PERPETRATED UNDER NATIONAL SOCIALISM IN THE FIELD OF SOCIAL INSURANCE , WHICH FORMS PART OF THE BODY OF LAW GOVERNING THE SOCIAL INSURANCE OF WORKERS IN A MEMBER STATE AND WHICH MAKES NO PROVISION FOR A DISCRETIONARY ASSESSMENT OF THE PERSONAL SITUATION AND NEEDS OF THE INDIVIDUAL CONCERNED , COMES WITHIN THE SCOPE OF REGULATION NO 1408/71 AND IS NOT EXCLUDED BY VIRTUE OF THE PROVISIONS OF ARTICLE 4 ( 4 ) OF THAT REGULATION .

3 . WHERE NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME CONDITIONAL ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME , REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH MUST HAVE BEEN COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .

CONSEQUENTLY , ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 MUST BE CONSTRUED AS MEANING THAT IT DOES NOT REQUIRE A SOCIAL INSURANCE INSTITUTION OF A MEMBER STATE TO TAKE INTO ACCOUNT PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE WHEN THE WORKER CONCERNED HAS NEVER PAID , IN THE FIRST MEMBER STATE , THE CONTRIBUTION REQUIRED BY LAW IN ORDER TO CREATE HIS STATUS AS AN INSURED PERSON UNDER THE LEGISLATION OF THAT MEMBER STATE .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - DISPUTES ARISING OUT OF ' ' THE OPERATIONS OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT ' ' - BRANCH OR OTHER ESTABLISHMENT - CONCEPT - COMMERCIAL AGENT - EXCLUSION - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 5 ( 5 ))

Summary

AN INDEPENDENT COMMERCIAL AGENT WHO MERELY NEGOTIATES BUSINESS ( HANDELSVERTRETER ( VERMITTLUNGSVERTRETER )), INASMUCH AS HIS LEGAL STATUS LEAVES HIM BASICALLY FREE TO ARRANGE HIS OWN WORK AND DECIDE WHAT PROPORTION OF HIS TIME TO DEVOTE TO THE INTERESTS OF THE UNDERTAKING WHICH HE AGREES TO REPRESENT AND WHOM THAT UNDERTAKING MAY NOT PREVENT FROM REPRESENTING AT THE SAME TIME SEVERAL FIRMS COMPETING IN THE SAME MANUFACTURING OR MARKETING SECTOR , AND WHO , MOREOVER , MERELY TRANSMITS ORDERS TO THE PARENT UNDERTAKING WITHOUT BEING INVOLVED IN EITHER THEIR TERMS OR THEIR EXECUTION , DOES NOT HAVE THE CHARACTER OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT WITHIN THE MEANING OF ARTICLE 5 ( 5 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - NATURAL GUMS , RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS WITHIN THE MEANING OF HEADINGS 13.02 AND 13.03 - CONCEPT - GUM PRODUCED ON AN INDUSTRIAL SCALE BY MEANS OF A COMPLEX PROCEDURE - EXCLUSION

Summary

THE SYSTEMATIC CLASSIFICATION OF GOODS IN THE VARIOUS SECTIONS AND CHAPTERS OF THE COMMON CUSTOMS TARIFF DOES NOT ALLOW A GUM WHICH IS USED AS A THICKENER , EVEN IF AS REGARDS ITS NATURE AND COMPOSITION IT CORRESPONDS TO THE GOODS DESCRIBED IN HEADINGS 13.02 AND 13.03 , TO BE CLASSIFIED IN ONE OF THE HEADINGS OF CHAPTER 13 OF THE COMMON CUSTOMS TARIFF SINCE THE GUM IS PREPARED ON AN INDUSTRIAL SCALE BY THE ACTION OF THE BACTERIUM XANTHOMONAS CAMPESTRIS ON A CULTURE MEDIUM OF MAIZE SUGAR AND MAIZE STARCH .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - STRUCTURAL REFORM - COMMON MEASURES - IMPROVEMENT OF THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS ARE PROCESSED AND MARKETED - REGULATION NO 355/77 - SCOPE - INVESTMENT PROJECT SUBMITTED BY THE PRODUCER OF AF BASIC AGRICULTURAL PRODUCT

( COUNCIL REGULATION ( EEC ) NO 355/77 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - STRUCTURAL REFORM - COMMON MEASURES - IMPROVEMENT OF THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS ARE PROCESSED AND MARKETED - MODERNIZATION OF FARMS - REGULATION NO 355/77 - DIRECTIVE 72/159/EEC - SCOPE OF EACH

( COUNCIL REGULATION ( EEC ) NO 355/77 ; COUNCIL DIRECTIVE 72/159/EEC )

Summary

1 . THE NET RESULT OF THE PROVISIONS OF REGULATION NO 355/77 ON COMMON MEASURES TO IMPROVE THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS ARE PROCESSED AND MARKETED IS THAT AN INVESTMENT PROJECT SUBMITTED BY A FARMER AND DESIGNED TO IMPROVE THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS FROM THE SAME FARM AS THAT IN WHICH THE INVESTMENT IS TO BE MADE IS IN NO WAY EXCLUDED FROM THE SCOPE OF THE REGULATION IF IT IS CAPABLE OF MAKING AN EFFECTIVE CONTRIBUTION TOWARDS RATIONALIZING PROCESSING AND MARKETING STRUCTURES .

2 . DIRECTIVE 72/159/EEC ON THE MODERNIZATION OF FARMS HAS A SPECIAL SCOPE WHICH DOES NOT AS A RULE COINCIDE WITH THAT OF REGULATION ( EEC ) NO 355/77 . THE AID PROVIDED FOR UNDER THE DIRECTIVE IS DESIGNED TO IMPROVE PRODUCTION CONDITIONS FOR BASIC AGRICULTURAL PRODUCTS IN ORDER TO RAISE THE PROFITABILITY OF FARMS TO A SUITABLE LEVEL , WHEREAS REGULATION ( EEC ) NO 355/77 IS CONCERNED WITH IMPROVING THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS .
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1 . OFFICIALS - RECRUITMENT - PROBATION - REPORT AT THE EXPIRY OF THE PROBATIONARY PERIOD - PREPARATION OF A SECOND REPORT - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 34 ( 2 ))

2 . OFFICIALS - RECRUITMENT - PROBATION - ABSENCE OWING TO ILLNESS - DECISION TO DISMISS - DUTY OF THE ADMINISTRATION - TAKING ACCOUNT OF MEDICAL REPORTS

( STAFF REGULATIONS OF OFFICIALS , ART . 34 ( 2 ))

Summary

1 . BY PROVIDING THAT THE REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD IS TO BE DRAWN UP NOT LESS THAN ONE MONTH BEFORE THE EXPIRY OF THE PROBATIONARY PERIOD , ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS ENABLES THE REPORT TO BE SENT TO THE PERSON CONCERNED FOR ANY OBSERVATIONS HE MAY WISH TO MAKE AND ALLOWS THE APPOINTING AUTHORITY SUFFICIENT TIME TO STUDY THE REPORT IN ORDER TO MAKE ITS DECISION , ON THE EXPIRY OF THE PROBATIONARY PERIOD , AS TO WHETHER OR NOT THE PROBATIONARY OFFICIAL IS TO BE ESTABLISHED . HOWEVER , SINCE THE PROBATIONARY PERIOD MAY BE EXTENDED , EVEN AFTER THE REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD HAS BEEN DRAWN UP , TO INTERPRET THE STAFF REGULATIONS IN SUCH A WAY AS TO EXCLUDE THE POSSIBILITY OF DRAWING UP A SECOND REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD SHOULD THE CONDUCT OR ABILITY OF THE PROBATIONARY OFFICIAL PROVE UNSATISFACTORY WOULD BE TOO RESTRICTIVE .

2 . BEFORE THE APPOINTING AUTHORITY DECIDES TO DISMISS A PROBATIONARY OFFICIAL WHO CLAIMS THAT HIS ABSENCE IS DUE TO ILL HEALTH , IT MUST CONSIDER ANY MEDICAL REPORTS CERTIFYING THAT HE IS UNFIT FOR WORK .
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1 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON THE GROUNDS OF NATIONALITY - PROHIBITION - SCOPE

( EEC TREATY , ART . 7 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - RULES BASED ON OBJECTIVE CRITERIA AND NOT DISTINGUISHING BETWEEN DOMESTIC TRADE AND EXPORT TRADE - EXCLUSION

( EEC TREATY , ART . 34 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES PROHIBITING NIGHTWORK IN BAKERIES - PERMISSIBILITY

( EEC TREATY , ARTS 30 AND 34 )

Summary

1 . THE PRINCIPLE OF NON-DISCRIMINATION CONTAINED IN ARTICLE 7 OF THE EEC TREATY IS NOT INFRINGED BY RULES WHICH ARE APPLICABLE NOT ON THE BASIS OF THE NATIONALITY OF TRADERS , BUT ON THE BASIS OF THEIR LOCATION . THERE IS THEREFORE NO INFRINGEMENT OF ARTICLE 7 , EVEN IF , BY MEANS OF A STATUTORY PROVISION WHICH MAKES NO DISTINCTION DIRECTLY OR INDIRECTLY ON GROUNDS OF NATIONALITY , A MEMBER STATE CREATES A SITUATION AFFECTING THE COMPETITIVENESS OF TRADERS ESTABLISHED ON ITS TERRITORY COMPARED WITH TRADERS ESTABLISHED IN OTHER MEMBER STATES .

2 . ARTICLE 34 OF THE EEC TREATY CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOM- ESTIC MARKET OF THE STATE IN QUESTION .

THIS IS CLEARLY NOT THE CASE WITH RULES WHICH ARE PART OF ECONOMIC AND SOCIAL POLICY AND APPLY BY VIRTUE OF OBJECTIVE CRITERIA TO ALL THE UNDERTAKINGS IN A PARTICULAR INDUSTRY WHICH ARE ESTABLISHED WITHIN THE NATIONAL TERRITORY , WITHOUT LEADING TO ANY DIFFERENCE IN TREATMENT WHATSOEVER ON THE GROUND OF THE NATIONALITY OF TRADERS AND WITHOUT DISTINGUISHING BETWEEN THE DOMESTIC TRADE OF THE STATE IN QUESTION AND THE EXPORT TRADE .

3 . ARTICLES 30 AND 34 OF THE EEC TREATY DO NOT APPLY TO NATIONAL RULES WHICH PROHIBIT THE PRODUCTION OF ORDINARY AND FINE BAKER ' S WARES AND ALSO THEIR TRANSPORT AND DELIVERY TO INDIVIDUAL CONSUMERS AND RETAIL OUTLETS DURING THE NIGHT UP TO A CERTAIN HOUR .
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OFFICIALS - DISCIPLINARY MEASURES - DISCIPLINARY PROCEDURE NOT INVOLVING THE DISCIPLINARY BOARD - RIGHT OF THE OFFICIAL TO BE ASSISTED IN HIS DEFENCE BY A PERSON OF HIS OWN CHOICE - REFUSAL OF THE ADMINISTRATION TO ALLOW THE OFFICIAL ' S COUNSEL ACCESS TO THE DISCIPLINARY FILE - INFRINGEMENT OF THE RIGHTS OF THE DEFENCE

( STAFF REGULATIONS , ART . 87 AND ANNEX IX )

Summary

NEITHER ARTICLE 87 OF THE STAFF REGULATIONS OF OFFICIALS NOR ANNEX IX THERETO , NOR THOSE TWO PROVISIONS READ IN CONJUNCTION , ALLOW A DISTINCTION TO BE DRAWN BETWEEN THE DIFFERENT DEFENCES OF WHICH AN OFFICIAL MAY AVAIL HIMSELF IN THE COURSE OF DISCIPLINARY PROCEEDINGS DEPENDING UPON WHETHER OR NOT THOSE PROCEEDINGS ENTAIL A REFERENCE TO THE DISCIPLINARY BOARD OR ACCORDING TO THE SEVERITY OF THE DISCIPLINARY MEASURE WHICH MIGHT BE IMPOSED ON THE OFFICIAL . THE SECOND PARAGRAPH OF ARTICLE 14 OF ANNEX IX TO THE STAFF REGULATIONS CANNOT BE INTERPRETED AS PRECLUDING THE POSSIBILITY THAT THE OFFICIAL MAY BE ASSISTED IN HIS DEFENCE IN ALL CASES IN WHICH THE DISCIPLINARY PROCEEDINGS INITIATED AGAINST HIM ARE NOT THOSE GOVERNED BY THAT ANNEX .

THUS , THE REFUSAL OF THE ADMINISTRATION TO ALLOW THE OFFICIAL ' S COUNSEL ACCESS TO THE DISCIPLINARY FILE IN THE COURSE OF PROCEEDINGS IN WHICH THE DISCIPLINARY BOARD IS NOT CONSULTED CONSTITUTES A BREACH OF A FUNDAMENTAL LEGAL PRINCIPLE WHICH THE COURT IS BOUND TO UPHOLD WITHIN THE COMMUNITY LEGAL ORDER .
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1 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - TEMPORARY SERVANT - MEMBER OF THE AUXILIARY STAFF - DISTINCTION BETWEEN THEM - PERMANENT OR TEMPORARY NATURE OF POST - PRECARIOUS NATURE OF TEMPORARY SERVANT ' S CONTRACT

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTS 2 AND 3 )

2 . OFFICIALS - ACTION FOR DAMAGES - CONNECTION WITH ACTION FOR ANNULMENT - DECISION NOT CONTESTED WITHIN THE PRESCRIBED PERIOD - INADMISSIBILITY

Summary

1 . THE DISTINCTION BETWEEN AUXILIARY STAFF AND TEMPORARY STAFF LIES IN THE FACT THAT THE LATTER OCCUPY PERMANENT POSTS INCLUDED IN THE LIST OF POSTS , WHEREAS THE FORMER , EXCEPT IN THE CASE OF TEMPORARY REPLACEMENT OF AN OFFICIAL , PERFORM ADMINISTRATIVE WORK WITHOUT BEING ASSIGNED TO A POST INCLUDED IN THE LIST OF POSTS .

THE OUTSTANDING FEATURE OF CONTRACTS OF MEMBERS OF THE AUXILIARY STAFF IS THEIR PRECARIOUSNESS SINCE THEY MAY BE USED ONLY FOR THE PROVISION OF A TEMPORARY REPLACEMENT OR TO ENSURE THE PERFORMANCE OF ADMINISTRATIVE DUTIES WHICH ARE OF A TRANSITORY NATURE , OR WHICH FULFIL AN URGENT NEED OR WHICH ARE NOT CLEARLY DEFINED .

2 . AN OFFICIAL WHO FAILS TO CONTEST IN DUE TIME A DECISION OF THE APPOINTING AUTHORITY AFFECTING HIM IS NOT PERMITTED TO RELY ON THE ALLEGED UNLAWFULNESS OF THAT DECISION IN AN ACTION FOR DAMAGES .
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1 . OBJECTION OF ILLEGALITY - PROVISIONS OF GENERAL DECISIONS WHICH MAY BE SO CHALLENGED - PROVISIONS CONSTITUTING THE BASIS FOR THE CONTESTED INDIVIDUAL DECISION

( ECSC TREATY , THIRD PARAGRAPH OF ARTICLE 36 )

2 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - DECISION NO 2794/80/ECSC - RETROACTIVE NATURE

3 . MEASURES OF THE INSTITUTIONS - TIME FROM WHICH THEY TAKE EFFECT - PRINCIPLE THAT THEY MAY NOT BE RETROACTIVE - EXCEPTIONS - CONDITIONS

4 . ECSC - PRODUCTION - SYSTEM OF QUOTAS - OBLIGATION OF THE COMMISSION TO CARRY OUT STUDIES JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS - LIMITS

( ECSC TREATY , ART . 58 ( 2 ))

5 . ECSC - PRODUCTION - SYSTEM OF QUOTAS - CONCOMITANT ADOPTION OF MEASURES CONCERNING IMPORTS FROM NON-MEMBER COUNTRIES - POWER OF APPRAISAL OF THE COMMISSION

( ECSC TREATY , ART . 58 ( 1 ))

Summary

1 . ALTHOUGH , IN AN ACTION FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID , THE APPLICANT MAY SUBMIT THAT CERTAIN PROVISIONS OF THE GENERAL DECISIONS WHICH THE CONTESTED DECISION IMPLEMENTS ARE ILLEGAL , HE MAY DO SO ONLY IF THE INDIVIDUAL DECISION IS BASED ON THE RULES ALLEGED TO BE ILLEGAL .

2 . ALTHOUGH DECISION NO 2794/80/ECSC , FIXED PRODUCTION QUOTAS AS FOR THE STEEL INDUSTRY FROM 1 OCTOBER 1980 , WHEREAS IT DID NOT ENTER INTO FORCE UNTIL 31 OCTOBER 1980 , IT DID NOT HAVE GENUINE RETROACTIVE EFFECT SINCE THE UNDERTAKINGS WERE ABLE TO ADJUST THEIR PRODUCTION IN NOVEMBER AND DECEMBER TO TAKE ACCOUNT OF THEIR QUOTAS FOR THE QUARTER AND THEREBY AVOID ANY INFRINGEMENT .

3 . ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

4 . ALTHOUGH , PURSUANT TO ITS OBLIGATION UNDER ARTICLE 58 ( 2 ) OF THE ECSC TREATY TO CARRY OUT STUDIES JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS IN ORDER TO DETERMINE PRODUCTION QUOTAS , THE COMMISSION IS OBLIGED TO CONSULT UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS IN CONDUCTING SUCH STUDIES , THAT OBLIGATION DOES NOT IMPLY THAT IT MUST CONSULT EACH UNDERTAKING INDIVIDUALLY OR THAT IT MUST OBTAIN THE AGREEMENT OF THE STEEL PRODUCERS TO THE MEASURES PROPOSED .

5 . UNDER THE TERMS OF ARTICLE 58 ( 1 ) OF THE ECSC TREATY THE COMMISSION HAS POWER TO TAKE ' ' TO THE NECESSARY EXTENT ' ' THE MEASURES PROVIDED FOR IN ARTICLE 74 AT THE SAME TIME AS ANY MEASURE TAKEN ON THE BASIS OF ARTICLE 58 . THE APPRAISAL OF THE NECESSITY OF TAKING SUCH MEASURES IS A MATTER FOR THE COMMISSION , SUBJECT TO THE COURT ' S POWER TO REVIEW THE LAWFULNESS OF THE COMMISSION ' S EXERCISE OF ITS DISCRETION .