ddrg/super_eurlex huggingface dataset:
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TRANSPORT - ROAD TRANSPORT - SOCIAL PROVISIONS - DEROGATIONS - TRANSPORT OF ANIMALS FROM FARMS TO LOCAL MARKETS - CONCEPT OF ' LOCAL MARKET '

( REGULATION NO 543/69 OF THE COUNCIL , ART . 14A ( 2 ) ( C ), AS AMENDED BY REGULATIONS NOS 515/72 AND 2827/77 )

Summary

ARTICLE 14A ( 2 ) ( C ) OF REGULATION NO 543/69 OF THE COUNCIL OF 25 MARCH 1969 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT , AS AMENDED BY REGULATIONS NOS 515/72 AND 2827/77 , MUST BE INTERPRETED TO THE EFFECT THAT ' LOCAL MARKET ' MUST BE UNDERSTOOD AS MEANING THE MARKET WHICH , HAVING REGARD TO GEOGRAPHICAL CIRCUMSTANCES , IS THE NEAREST TO A PARTICULAR FARM AND AT WHICH IT IS POSSIBLE TO BUY OR SELL , AS THE CASE MAY BE , ACCORDING TO THE NEEDS OF NORMAL , AVERAGE-SIZED FARMS WHICH MAY BE CONSIDERED TYPICAL OF THE AREA IN QUESTION .

THE EXCEPTION IN PARAGRAPH ( 2 ) ( C ) OF ARTICLE 14A CANNOT BE EXTENDED TO TRANSPORT OPERATIONS WHICH , EITHER BECAUSE OF THE UNUSUAL SIZE OF THE FARM CONCERNED OR BECAUSE THE PRODUCTION OF SEVERAL FARMS IS POOLED , NECESSITATE THE USE OF MARKETS FURTHER AWAY THAN THE NEAREST MARKET NORMALLY SERVING FARMS IN THE AREA .
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OFFICIALS - RECRUITMENT - CHANGE OF SERVICE AS A RESULT OF A COMPETITION HELD PRIOR TO RECRUITMENT - CLASSIFICATION IN GRADE AND STEP - RULES APPLICABLE - RULES RELATING TO APPOINTMENT

( STAFF REGULATIONS OF OFFICIALS , ART . 31 ( 2 ))

Summary

A SUCCESSFUL CANDIDATE IN A COMPETITION ACQUIRES A RIGHT , UPON RECRUITMENT , TO HAVE THE PROFESSIONAL QUALIFICATIONS WHICH HE HAS PREVIOUSLY ACQUIRED APPRAISED WITH A VIEW TO APPLYING ARTICLE 31 ( 2 ) OF THE STAFF REGULATIONS . THE FACT THAT A CANDIDATE WAS FIRST RECRUITED , AS A RESULT OF ANOTHER COMPETITION , TO OCCUPY A POST IN A DIFFERENT SERVICE FOR WHICH THOSE QUALIFICATIONS WERE IRRELEVANT , CANNOT DEPRIVE HIM OF THE OPPORTUNITY OF RELYING ON THOSE QUALIFICATIONS FOR THE PURPOSES OF HIS CLASSIFICATION IN GRADE AND STEP IN THE POST TO WHICH HE IS FINALLY APPOINTED .
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1 . OFFICIALS - RECRUITMENT - APPOINTMENT TO GRADE - STARTING GRADE OF THE CAREER BRACKET - DEROGATION - CONDITIONS OF APPLICATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 5 AND 31 ( 2 ))

2 . OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - ALLOWANCE OF SENIORITY IN STEP - MEMBER OF THE TEMPORARY STAFF APPOINTED AS AN OFFICIAL - CONSIDERATION OF HIS EXPERIENCE AS A MEMBER OF THE TEMPORARY STAFF - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ARTS 32 AND 44 )

Summary

1 . ALTHOUGH ARTICLE 31 ( 2 ) OF THE STAFF REGULATIONS ENABLES THE APPOINTING AUTHORITY TO DEROGATE , WITHIN CERTAIN LIMITS , FROM THE RULE CONCERNING RECRUITMENT AT THE STARTING GRADE OF THE CAREER BRACKET , THE USE OF THAT POWER MUST BE RECONCILED WITH THE REQUIREMENT ARISING FROM THE CONCEPT OF A CAREER BRACKET WITHIN THE MEANING OF ARTICLE 5 AND ANNEX I TO THE STAFF REGULATIONS . CONSEQUENTLY , IT IS NOT PERMISSIBLE TO RECRUIT STAFF TO THE HIGHER GRADE OF A CAREER BRACKET , SAVE IN EXCEPTIONAL CASES WHERE THE SPECIFIC NEEDS OF THE SERVICE CALL FOR THE RECRUITMENT OF A SPECIALLY QUALIFIED OFFICIAL AND THEREFORE JUSTIFY THE APPLICATION OF ARTICLE 31 ( 2 ).

2 . NO PROVISION OF THE STAFF REGULATIONS ALLOWS ACCOUNT TO BE TAKEN , IN THE FORM OF ACCUMULATED SENIORITY AS PROVIDED FOR IN ARTICLE 44 , OF A PERIOD DURING WHICH AN OFFICIAL PREVIOUSLY SERVED AN INSTITUTION AS A MEMBER OF ITS TEMPORARY STAFF . ARTICLE 32 OF THE STAFF REGULATIONS IS APPLICABLE TO THE RECRUITMENT OF A MEMBER OF THE TEMPORARY STAFF AS AN OFFICIAL AND IN PARTICULAR TO THE TAKING INTO ACCOUNT , FOR THE PURPOSE OF ALLOWING SENIORITY IN STEP , OF HIS PREVIOUS EXPERIENCE AS A MEMBER OF THE TEMPORARY STAFF .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROROGATION OF JURISDICTION - JURISDICTION AGREEMENT - ORAL AGREEMENT CONFIRMED IN WRITING - FORMAL REQUIREMENTS .

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 17 , FIRST PARA .)

Summary

THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED AS MEANING THAT THE FORMAL REQUIREMENTS THEREIN LAID DOWN ARE SATISFIED IF IT IS ESTABLISHED THAT JURISDICTION WAS CONFERRED BY EXPRESS ORAL AGREEMENT , THAT WRITTEN CONFIRMATION OF THAT AGREEMENT BY ONE OF THE PARTIES WAS RECEIVED BY THE OTHER AND THAT THE LATTER RAISED NO OBJECTION .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - EXPLANATORY NOTES OF THE CUSTOMS COOPERATION COUNCIL - OPINIONS OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE - AUTHORITY

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - HEADINGS NOS 44.05 AND 44.13 - DELIMITATION OF THEIR SCOPE - CRITERIA - CLASSIFICATION OF BALSA WOOD

Summary

1 . BOTH THE EXPLANATORY NOTES OF THE CUSTOMS COOPERATION COUNCIL AND THE OPINIONS OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE CONSTITUTE AN IMPORTANT MEANS OF ENSURING THE UNIFORM APPLICATION OF THE TARIFF BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES AND , AS SUCH , MAY BE CONSIDERED A VALID AID TO THE INTERPRETATION OF THE TARIFF .

2 . HEADINGS NOS 44.05 AND 44.13 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT WHERE THERE ARE NO SAW MARKS ON WOOD THAT HAS BEEN SAWN LENGTHWISE , THE WOOD FALLS UNDER HEADING NO 44.13 RATHER THAN HEADING NO 44.05 UNLESS IT IS ESTABLISHED THAT , HAVING REGARD TO THE PARTICULARITIES OF THE WOOD IN QUESTION AND THE STATE OF DEVELOPMENT OF TECHNIQUES FOR PROCESSING THAT TYPE OF WOOD , THE ABSENCE OF SUCH MARKS IS THE RESULT OF A PROCESS PURELY INCIDENTAL TO THE SAWING WHICH IS NECESSARY FOR TECHNICAL REASONS AND IS NOT INTENDED TO FACILITATE THE SUBSEQUENT USE OF THE WOOD BY REMOVING THOSE SAW MARKS .

IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER , ON THE BASIS OF THAT INTERPRETATION , BALSA WOOD SAWN LENGTHWISE , OF A THICKNESS EXCEEDING 5 MM , ON TWO OPPOSITE SIDES OF WHICH NO SAW MARKS ARE NOW VISIBLE , MAY BE CLASSIFIED UNDER HEADING NO 44.05 .
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APPROXIMATION OF LAWS - CLASSIFICATION , PACKAGING AND LABELLING OF DANGEROUS SUBSTANCES - DIRECTIVE 67/548/EEC - SCOPE - PREPARATIONS CONTAINING DANGEROUS SUBSTANCES - EXCLUDED

( COUNCIL DIRECTIVE 67/548/EEC AS AMENDED BY DIRECTIVE 79/831/EEC )

Summary

DIRECTIVE 67/548/EEC ON THE APPROXIMATION OF LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE CLASSIFICATION , PACKAGING AND LABELLING OF DANGEROUS SUBSTANCES , AS AMENDED BY DIRECTIVE 79/831/EEC , REQUIRES LABELLING ONLY OF DANGEROUS SUBSTANCES AS SUCH AND NOT OF PREPARATIONS CONTAINING ONE OR MORE OF THOSE SUBSTANCES . IN COMMUNITY LAW THERE ARE AS YET NO COMMON OR HARMONIZED GENERAL RULES ON THE CLASSIFICATION , PACKAGING AND LABELLING OF DANGEROUS PREPARATIONS IN GENERAL .
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1 . COMPETITION - COMMUNITY RULES - NATIONAL RULES ON THE PRICE OF FUEL - COMPATIBILITY

( EEC TREATY , ARTS 3 ( F ), 5 , 85 AND 86 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES ON THE PRICE OF FUEL - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

Summary

1 . ARTICLES 3 ( F ), 5 , 85 AND 86 OF THE EEC TREATY DO NOT PROHIBIT NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL .

2.ARTICLE 30 OF THE EEC TREATY PROHIBITS NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL WHERE THE MINIMUM PRICE IS FIXED ON THE BASIS SOLELY OF THE EX-REFINERY PRICES OF THE NATIONAL REFINERIES AND WHERE THOSE EX-REFINERY PRICES ARE IN TURN LINKED TO THE CEILING PRICE WHICH IS CALCULATED ON THE BASIS SOLELY OF THE COST PRICES OF NATIONAL REFINERIES WHEN THE EUROPEAN FUEL RATES ARE MORE THAN 8% ABOVE OR BELOW THOSE PRICES .
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1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - UNACCEPTABLE

( EEC TREATY , ART . 169 )

2 . ACTION FOR FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT ESTABLISHING SUCH FAILURE - TIME-LIMIT FOR IMPLEMENTATION

( EEC TREATY , ART . 171 )

Summary

1 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN COMMUNITY DIRECTIVES .

2 . THE IMPLEMENTATION OF A JUDGMENT ESTABLISHING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS MUST BE COMMENCED IMMEDIATELY AND MUST BE COMPLETED AS SOON AS POSSIBLE .
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Summary



Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - PROTECTIVE MEASURES AGAINST THE PROPERTY OF THE PERSON AGAINST WHOM ENFORCEMENT IS SOUGHT - APPLICATION OF SUCH MEASURES - RELEVANT LEGISLATION

CONVENTION OF 27 SEPTEMBER 1968 , ART . 39 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - PROTECTIVE MEASURES AGAINST THE PROPERTY OF THE PERSON AGAINST WHOM ENFORCEMENT IS SOUGHT - SPECIFIC AUTHORIZATION NOT REQUIRED - PERIOD WITHIN WHICH THE PROTECTIVE MEASURES MAY BE APPLIED - CONFIRMATORY JUDGMENT REQUIRED BY NATIONAL LAW - NOT OBLIGATORY

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS 36 AND 39 )

Summary

1 . ARTICLE 39 OF THE CONVENTION OF 27 SEPTEMBER 1968 MERELY LAYS DOWN THE PRINCIPLE THAT THE PARTY WHO HAS APPLIED FOR ENFORCEMENT MAY , DURING THE PERIOD INDICATED IN THAT ARTICLE , PROCEED TO APPLY MEASURES TO PROTECT THE PROPERTY OF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT . BY CONTRAST , THE CONVENTION LEAVES THE MATTER OF RESOLVING ANY QUESTION NOT COVERED BY SPECIFIC PROVISIONS OF THE TREATY TO THE PROCEDURAL LAW OF THE COURT HEARING THE PROCEEDINGS . IT MUST NEVERTHELESS BE MADE CLEAR THAT THE APPLICATION OF THE REQUIREMENTS OF THE NATIONAL PROCEDURAL LAW OF THE COURT HEARING THE PROCEEDINGS MUST NOT IN ANY CIRCUMSTANCES LEAD TO FRUSTRATION OF THE PRINCIPLES LAID DOWN IN THAT REGARD , WHETHER EXPRESSLY OR BY IMPLICATION , BY THE CONVENTION ITSELF AND BY ARTICLE 39 THEREOF IN PARTICULAR . ACCORDINGLY , THE QUESTION WHETHER ANY GIVEN PROVISION OF THE NATIONAL PROCEDURAL LAW OF THE COURT HEARING THE PROCEEDINGS IS APPLICABLE TO PROTECTIVE MEASURES TAKEN PURSUANT TO ARTICLE 39 DEPENDS UPON THE SCOPE OF EACH PROVISION OF NATIONAL LAW AND UPON THE EXTENT TO WHICH IT IS COMPATIBLE WITH THE PRINCIPLES LAID DOWN BY ARTICLE 39 .

2 . BY VIRTUE OF ARTICLE 39 OF THE CONVENTION A PARTY WHO HAS APPLIED FOR AND OBTAINED AUTHORIZATION FOR ENFORCEMENT MAY PROCEED DIRECTLY WITH PROTECTIVE MEASURE AGAINST THE PROPERTY OF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT AND IS UNDER NO OBLIGATION TO OBTAIN SPECIFIC AUTHORIZATION . SUCH MEASURES MAY BE TAKEN UP TO THE EXPIRY OF THE PERIOD FOR LODGING AN APPEAL PRESCRIBED IN ARTICLE 36 AND , IF SUCH AN APPEAL IS LODGED , UNTIL A DECISION IS GIVEN THEREON .

A PARTY WHO HAS PROCEEDED WITH THE PROTECTIVE MEASURES REFERRED TO IN ARTICLE 39 OF THE CONVENTION IS UNDER NO OBLIGATION TO OBTAIN IN RESPECT OF SUCH MEASURES ANY CONFIRMATORY JUDGMENT REQUIRED BY THE NATIONAL LAW OF THE COURT IN QUESTION . HOWEVER , ARTICLE 39 DOES NOT PREVENT THE PARTY AGAINST WHOM THOSE MEASURES HAVE BEEN APPLIED FROM TAKING LEGAL PROCEEDINGS IN ORDER TO SECURE , BY RECOURSE TO THE APPROPRIATE PROCEDURES LAID DOWN IN THE NATIONAL LAW OF THE COURT DEALING WITH THE MATTER , ADEQUATE PROTECTION OF THE RIGHTS WHICH HE ALLEGES TO HAVE BEEN INFRINGED BY THE MEASURES IN QUESTION .
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Summary



Keywords

APPROXIMATION OF LAWS - CREDIT INSTITUTIONS - AUTHORITIES EMPOWERED TO GRANT AUTHORIZATIONS AND EXERCISE SUPERVISION - DUTY TO MAINTAIN PROFESSIONAL SECRECY - SCOPE - DEROGATIONS - PROVISIONS OF NATIONAL LAW ALLOWING THE DISCLOSURE OF CONFIDENTIAL INFORMATION - CONCEPT - APPLICATION

( COUNCIL DIRECTIVE 77/780/EEC , ART . 12 )

Summary

ARTICLE 12 ( 1 ) OF DIRECTIVE 77/780/EEC , WHICH STATES THAT THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY IMPOSED ON PERSONS NOW OR IN THE PAST EMPLOYED BY THE AUTHORITIES EMPOWERED TO AUTHORIZE AND SUPERVISE CREDIT INSTITUTIONS MEANS THAT THE CONFIDENTIAL INFORMATION RECEIVED IN THE COURSE OF THEIR DUTIES MAY NOT BE DIVULGED TO ANY PERSON OR AUTHORITY EXCEPT BY VIRTUE OF PROVISIONS LAID DOWN BY LAW , ALSO APPLIES TO STATEMENTS WHICH SUCH PERSONS MAKE AS WITNESSES IN CIVIL PROCEEDINGS .

AMONGST THE PROVISIONS LAID DOWN BY LAW ALLOWING CONFIDENTIAL INFORMATION TO BE DIVULGED , AS ENVISAGED BY ARTICLE 12 ( 1 ), CITED ABOVE , MUST BE INCLUDED GENERAL PROVISIONS NOT SPECIFICALLY INTENDED TO LAY DOWN EXCEPTIONS TO THE BAN ON DISCLOSING THE KIND OF INFORMATION COVERED BY THE DIRECTIVE BUT ESTABLISHING THE LIMITS WHICH THE MAINTENANCE OF CONFIDENTIALITY PLACES ON THE OBLIGATION TO GIVE EVIDENCE AS A WITNESS .

WHEN SUCH GENERAL PROVISIONS ARE APPLIED , IT IS FOR THE NATIONAL COURTS TO FIND THE BALANCE BETWEEN THE INTEREST IN ESTABLISHING THE TRUTH AND THE INTEREST IN MAINTAINING OF CONFIDENTIALITY CERTAIN KINDS OF INFORMATION , ESPECIALLY WHERE SUCH INFORMATION HAS BEEN SUPPLIED BY THE COMPETENT AUTHORITIES OF OTHER MEMBER STATES IN ACCORDANCE WITH ARTICLE 12 ( 2 ) OF THE DIRECTIVE .
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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - AFFILIATION TO A SOCIAL SECURITY SCHEME - CONDITIONS - APPLICATION OF NATIONAL LAW - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - SPECIAL RULES CONCERNING THE APPLICATION OF NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE - CALCULATION OF PERIODS OF INSURANCE - TAKING INTO ACCOUNT OF CERTAIN PERIODS COMPLETED BY THE RECIPIENT ' S WIFE BEFORE 1 JANUARY 1957 - PERIODS PRIOR TO THE MARRIAGE DURING WHICH SHE NEITHER RESIDED NOR PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS - EXCLUSION

( EEC TREATY , ART . 51 ; COUNCIL REGULATION NO 1408/71 , ANNEX VI , PART I , POINT 2 ( C ))

Summary

1 . IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO ONE OR OTHER BRANCH OF SUCH A SCHEME , PROVIDED ALWAYS THAT IN THIS CONNECTION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES .

2 . NEITHER ARTICLE 51 OF THE EEC TREATY NOR THE PROVISIONS OF REGULATION NO 1408/71 , AND IN PARTICULAR POINT 2 ( C ) OF PART I OF ANNEX VI THERETO , REQUIRE THAT , WHEN THE PENSION OF A MARRIED MAN IS DETERMINED UNDER THE NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE , HIS WIFE , WHO AFTER 1 JANUARY 1957 COMPLETED PERIODS CONSIDERED AS PERIODS OF INSURANCE UNDER POINT 2 ( C ), MUST THEREFORE BE GRANTED THE ADVANTAGES PROVIDED FOR BY THE NETHERLANDS LEGISLATION IN RESPECT OF PERIODS PRIOR TO THEIR MARRIAGE AND PRIOR TO 1 JANUARY 1957 DURING WHICH SHE NEITHER RESIDED NOR PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - PRODUCERS ' ORGANIZATIONS - FINANCING BY THE EAGGF - CONDITIONS LAID DOWN BY COMMUNITY LAW - RECOGNITION OF THE ORGANIZATIONS BY NATIONAL AUTHORITIES - IMMATERIAL

( REGULATION NO 1035/72 OF THE COUNCIL , ART . 13 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM PUBLIC STOCKS - SALE AT A REDUCED PRICE - CONVERSION INTO NATIONAL CURRENCY OF THE PRICE EXPRESSED IN UNITS OF ACCOUNT - APPLICABLE EXCHANGE RATE - RATE IN FORCE ON THE DATE ON WHICH OCCURS THE EVENT BY VIRTUE OF WHICH THE AMOUNT INVOLVED IN THE TRANSACTION BECOMES DUE , AS DEFINED BY NATIONAL LAW

( REGULATION NO 1134/68 OF THE COUNCIL , ARTS 4 AND 6 ; REGULATIONS NOS 1282/72 , 1717/72 AND 2315/76 OF THE COMMISSION )

3 . AGRICULTURE - EAGGF - CLEARANCE OF ACCOUNTS - RESERVATION INSERTED BY THE COMMISSION - EFFECTS

( REGULATION NO 990/72 OF THE COMMISSION , ART . 1 )

Summary

1 . THE CONDITIONS IMPOSED ON PRODUCERS ' ORGANIZATIONS BY REGULATION NO 1035/72 BEFORE THEY MAY QUALIFY FOR FINANCING BY THE EAGGF DO NOT INCLUDE ' RECOGNITION ' BY THE NATIONAL AUTHORITIES . IT FOLLOWS THAT THE ADOPTION BY A MEMBER STATE OF A RECOGNITION PROCEDURE FOR THOSE ORGANIZATIONS CANNOT HAVE ANY INFLUENCE WHATSOEVER ON THEIR ELIGIBILITY FOR SUCH FINANCING , WHICH MUST BE ASSESSED BY REFERENCE TO COMMUNITY LAW ALONE . EXPENDITURE INCURRED BY A BODY WHICH DOES NOT QUALIFY AS A PRODUCERS ' ORGANIZATION UNDER ARTICLE 13 OF THE AFORESAID REGULATION CANNOT THEREFORE BE CHARGED TO THE EAGGF .

2 . NEITHER REGULATIONS NOS 1282/72 , 1717/72 AND 2315/76 ON THE SALE OF BUTTER BY INTERVENTION AGENCIES AT A REDUCED PRICE , NOR ANY LEGISLATION GOVERNING THE MILK SECTOR GENERALLY , DEFINE THE EVENT BY VIRTUE OF WHICH THE AMOUNT INVOLVED IN THIS TYPE OF TRANSACTION BECOMES DUE ; CONSEQUENTLY , FOR THE PURPOSE OF DETERMINING THAT EVENT , WHICH DICTATES THE EXCHANGE RATE TO BE USED FOR THE CONVERSION INTO NATIONAL CURRENCY OF THE SALE PRICE EXPRESSED IN UNITS OF ACCOUNT , ARTICLES 4 AND 6 OF REGULATION NO 1134/68 REQUIRE REFERENCE TO BE MADE TO THE RELEVANT NATIONAL LAW .

3 . IF , DURING THE CLEARANCE OF THE EAGGF ACCOUNTS FOR ANY GIVEN FINANCIAL YEAR , THE COMMISSION INSERTS A RESERVATION AS TO THE MANNER IN WHICH A PARTICULAR QUESTION IS TO BE RESOLVED , IT MAY NOT THEREAFTER RELY ON ITS OWN INTERPRETATION OF THAT RESERVATION UNLESS IT WAS POSSIBLE FOR THE MEMBER STATE TO CONSTRUE IT IN THE SAME WAY ; THIS COULD NOT APPLY IN THE CASE OF AN AMBIGUOUS RESERVATION .

THUS , HAVING RESERVED ITSELF THE RIGHT TO REVIEW A QUESTION OVER WHICH THERE HAD BEEN DISAGREEMENT WITH A MEMBER STATE , THE COMMISSION COULD NOT REFUSE TO REVIEW IT ON THE GROUND THAT THE EVIDENCE WAS PRODUCED OUTSIDE THE TIME-LIMITS PRESCRIBED BY COMMUNITY LEGISLATION .
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Keywords

1 . APPROXIMATION OF LAWS - EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS FOR USE IN FOODSTUFFS - BAN ON USE - POWER OF MEMBER STATES - SCOPE - LIMITS

( EEC TREATY , ART . 30 ET SEQ .; COUNCIL DIRECTIVE 74/329 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF PUBLIC HEALTH - BAN ON MARKETING FOODSTUFFS CONTAINING CERTAIN ADDITIVES - JUSTIFICATION - CONDITIONS AND LIMITS

( EEC TREATY , ARTS 30 AND 36 ; COUNCIL DIRECTIVE 74/329 )

Summary

1 . COUNCIL DIRECTIVE 74/329 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS FOR USE IN FOODSTUFFS DOES NOT PREVENT A MEMBER STATE FROM PROHIBITING THE USE OF ONE OF THE SUBSTANCES LISTED IN ANNEX I THERETO . HOWEVER , IT MUST OBSERVE THE CONDITIONS LAID DOWN IN ARTICLE 5 OF THE DIRECTIVE , ACCORDING TO WHICH A MEMBER STATE WHICH HAS AUTHORIZED THE USE IN FOODSTUFFS OF ANY OF THE SAID SUBSTANCES MAY SUSPEND SUCH AUTHORIZATION OR RESTRICT ITS SCOPE ONLY FOR REASONS RELATING TO THE PROTECTION OF HUMAN HEALTH AND FOR A RESTRICTED PERIOD , AND IN ARTICLE 8 ( 4 ) OF THE DIRECTIVE , WHICH EXCLUDES A PROHIBITION OF USE BASED SOLELY ON INADEQUATE LABELLING IF THE LABELLING SATISFIES THE CONDITIONS LAID DOWN IN THAT ARTICLE . WHERE FOODSTUFFS IMPORTED FROM OTHER MEMBER STATES ARE CONCERNED , THE MEMBER STATE MUST ALSO OBSERVE ARTICLE 30 ET SEQ . OF THE TREATY .

2 . ARTICLES 30 TO 36 OF THE TREATY DO NOT PREVENT A MEMBER STATE FROM PROHIBITING THE MARKETING OF FOODSTUFFS TO WHICH ONE OF THE SUBSTANCES LISTED IN ANNEX I TO DIRECTIVE 74/329 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO EMULSIFIERS , STABILIZERS , THICKENERS AND GELLING AGENTS FOR USE IN FOODSTUFFS HAS BEEN ADDED AND WHICH HAD BEEN IMPORTED FROM OTHER MEMBER STATES IN WHICH THEY WERE LAWFULLY MARKETED . HOWEVER , THE PRINCIPLE OF PROPORTIONALITY WHICH UNDERLIES THE LAST SENTENCE OF ARTICLE 36 OF THE TREATY MUST BE RESPECTED , WHICH MEANS THAT THE MARKETING OF SUCH FOODSTUFFS MUST BE AUTHORIZED UNDER A PROCEDURE EASILY ACCESSIBLE TO MANUFACTURERS AND TRADERS IF THE ADDITION OF THE SUBSTANCE IN QUESTION MEETS A GENUINE NEED AND PRESENTS NO DANGER TO PUBLIC HEALTH . IT IS FOR THE COMPETENT NATIONAL AUTHORITIES TO SHOW IN EACH CASE , IN THE LIGHT OF NATIONAL EATING HABITS AND WITH DUE REGARD TO THE RESULTS OF INTERNATIONAL SCIENTIFIC RESEARCH , THAT THE RULES ARE NECESSARY TO GIVE EFFECTIVE PROTECTION TO THE INTERESTS REFERRED TO IN ARTICLE 36 OF THE TREATY .
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Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING OFFICIAL - DECISION ADOPTED AFTER RECONSIDERATION OF A PREVIOUS DECISION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - ASSESSMENT OF CANDIDATES ' MERITS - CANDIDATES NOT AWARE OF AND UNABLE TO CONTEST CERTAIN FACTORS TAKEN INTO ACCOUNT BY THE SELECTION BOARD - IRREGULARITY

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )

Summary

1 . AN ACTION BROUGHT AGAINST A DECISION NOT TO ADMIT A CANDIDATE TO A COMPETITION ADOPTED AFTER RECONSIDERATION OF AN IDENTICAL PREVIOUS DECISION IS ADMISSIBLE IN SO FAR AS IT APPEARS THAT THE SECOND DECISION ACTUALLY REPLACED THE FIRST AND CANNOT BE REGARDED AS MERELY CONFIRMING IT .

2 . IN THE CONTEXT OF A COMPETITION THE SELECTION BOARD IS CALLED UPON TO ASSESS FACTORS KNOWN TO THE CANDIDATES , WHETHER IT BE QUALIFICATIONS WHICH THEY HOLD , TESTS WHICH THEY HAVE UNDERGONE OR PERIODIC REPORTS OF WHICH THEY ARE AWARE AND ON WHICH THEY HAVE HAD AN OPPORTUNITY TO COMMENT . THAT CONSTITUTES A GUARANTEE THAT THE COMPETITION WILL BE PROPERLY CONDUCTED AND A PROTECTION AGAINST ARBITRARINESS , INASMUCH AS THE CANDIDATES ARE AWARE OF ALL THE FACTORS WHICH ENTERED INTO THE SELECTION BOARD ' S ASSESSMENT AND ARE THEREFORE WELL PLACED TO CONTEST THAT ASSESSMENT IF THEY CONSIDER THAT IT IS WRONG .

IF , ON THE OTHER HAND , THE SELECTION BOARD BASES ITS DECISION AT LEAST IN PART , AS IT DID IN THIS CASE , ON FACTORS SUCH AS INFORMATION SUPPLIED BY , AND THE OPINIONS OF , THE CANDIDATES ' SUPERIORS , OF WHICH THE CANDIDATES CONCERNED HAVE NO KNOWLEDGE , THEY HAVE NO OPPORTUNITY TO DEFEND THEMSELVES AGAINST STATEMENTS MADE BY THIRD PARTIES WHICH , THOUGH THEY MAY WELL BE PERFECTLY CORRECT , MAY ALSO BE INCORRECT FOR ONE REASON OR ANOTHER . THE FACT THAT CANDIDATES DID NOT HAVE AN OPPORTUNITY TO STATE THEIR VIEWS ON THE OPINIONS EXPRESSED ON THEM BY THEIR SUPERIORS , ACCOUNT OF WHICH WAS TAKEN BY THE SELECTION BOARD , CONSTITUTES A BREACH OF A PRINCIPLE GOVERNING THE COMPETITION PROCEDURE WHICH JUSTIFIES ANNULMENT OF DECISIONS REFUSING TO ADMIT THOSE CANDIDATES .
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Keywords

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES EQUIVALENT IN EFFECT - LEGISLATION ON THE PRICE OF BOOKS - PROHIBITION - CONDITIONS - JUSTIFICATION - NONE

( EEC TREATY , ARTS 30 AND 36 )

Summary

IN THE CONTEXT OF NATIONAL LEGISLATION ON THE PRICE OF BOOKS , THE FOLLOWING CONSTITUTE MEASURES EQUIVALENT IN EFFECT TO QUANTITATIVE RESTRICTIONS ON IMPORTS , CONTRARY TO ARTICLE 30 OF THE TREATY : ( A ) PROVISIONS WHEREBY THE IMPORTER RESPONSIBLE FOR COMPLYING WITH THE STATUTORY REQUIREMENT TO DEPOSIT ONE COPY OF EACH IMPORTED BOOK WITH THE AUTHORITIES , THAT IS TO SAY THE PRINCIPAL DISTRIBUTOR , IS RESPONSIBLE FOR FIXING THE RETAIL PRICE , AND ( B ) PROVISIONS REQUIRING THE RETAIL PRICE FIXED BY THE PUBLISHER TO BE APPLIED TO BOOKS PUBLISHED IN THE MEMBER STATE CONCERNED AND RE-IMPORTED FOLLOWING EXPORTATION TO ANOTHER MEMBER STATE , UNLESS IT IS ESTABLISHED THAT THOSE BOOKS WERE EXPORTED FOR THE SOLE PURPOSE OF RE-IMPORTATION IN ORDER TO CIRCUMVENT THE LEGISLATION IN QUESTION .

SUCH MEASURES ARE NOT JUSTIFIED BY ARTICLE 36 OF THE EEC TREATY OR BY THE OVERRIDING REQUIREMENTS OF THE SAFEGUARDING OF CONSUMERS ' INTERESTS OR THE PROTECTION OF CREATIVITY AND CULTURAL DIVERSITY IN THE REALM OF PUBLISHING .