ddrg/super_eurlex huggingface dataset:
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Keywords

1 . ACTS OF AN INSTITUTION - REGULATION - PRESUMPTION OF VALIDITY - CONSEQUENCES

( EEC TREATY , ARTICLES 173 , 174 , 177 AND 184 )

2 . ACTS OF AN INSTITUTION - REGULATION - APPLICATION BY THE NATIONAL AUTHORITIES - POWER TO DEROGATE - ABSENCE

( EEC TREATY , ARTICLE 189 )

3 . PRELIMINARY QUESTIONS - QUESTION RELATING TO THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY - INADMISSIBILITY

( EEC TREATY , ARTICLE 177 AND SECOND PARAGRAPH OF ARTICLE 215 )

4 . MEMBER STATES - INFRINGEMENT OF COMMUNITY OR NATIONAL LAW WHEN APPLYING COMMUNITY LAW - NON-CONTRACTUAL LIABILITY - ASSESSMENT ACCORDING TO NATIONAL LAW

5 . EEC - NON-CONTRACTUAL LIABILITY - DETERMINATION - EXCLUSIVE JURISDICTION OF THE COURT

( EEC TREATY , ARTICLE 178 AND SECOND PARAGRAPH OF ARTICLE 215 )

Summary

1 . IT FOLLOWS FROM THE LEGISLATIVE AND JUDICIAL SYSTEM ESTABLISHED BY THE TREATY THAT , ALTHOUGH RESPECT FOR THE PRINCIPLE OF THE RULE OF LAW WITHIN THE COMMUNITY CONTEXT ENTAILS FOR PERSONS AMENABLE TO COMMUNITY LAW THE RIGHT TO CHALLENGE THE VALIDITY OF REGULATIONS BY LEGAL ACTION , THAT PRINCIPLE ALSO IMPOSES UPON ALL PERSONS SUBJECT TO COMMUNITY LAW THE OBLIGATION TO ACKNOWLEDGE THAT REGULATIONS ARE FULLY EFFECTIVE SO LONG AS THEY HAVE NOT BEEN DECLARED TO BE INVALID BY A COMPETENT COURT .

2 . IN THE ABSENCE OF ANY EXPRESS PROVISION PERMITTING DEROGATIONS THE NATIONAL AUTHORITIES HAVING THE TASK OF APPLYING A REGULATION MAY NOT GRANT EXEMPTIONS FROM THE CONDITIONS LAID DOWN BY THAT REGULATION .

3 . A QUESTION RELATING TO THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY CANNOT BE DETERMINED IN PROCEEDINGS FOR A PRELIMINARY RULING .

4 . THE QUESTION OF COMPENSATION BY A NATIONAL AGENCY FOR DAMAGE CAUSED TO PRIVATE INDIVIDUALS BY THE AGENCIES AND SERVANTS OF MEMBER STATES , EITHER BY REASON OF AN INFRINGEMENT OF COMMUNITY LAW OR BY AN ACT OR OMISSION CONTRARY TO NATIONAL LAW , IN THE APPLICATION OF COMMUNITY LAW DOES NOT FALL WITHIN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY AND MUST BE DETERMINED BY THE NATIONAL COURTS IN ACCORDANCE WITH THE NATIONAL LAW OF THE MEMBER STATE CONCERNED .

5 . THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY FALLS WITHIN THE EXCLUSIVE JURISDICTION OF THE COURT OF JUSTICE AND LIES OUTSIDE THAT OF THE NATIONAL COURTS .
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1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPHERE OF APPLICATION - MATTERS EXCLUDED - ' ' RIGHTS IN PROPERTY ARISING OUT OF A MATRIMONIAL RELATIONSHIP ' ' - CONCEPT

( CONVENTION OF 27 SEPTEMBER 1968 , SECOND PARAGRAPH OF ART . 1 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPHERE OF APPLICATION - PROVISIONAL MEASURES ORDERED IN THE COURSE OF PROCEEDINGS FOR DIVORCE - EXCLUSION - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , SECOND PARAGRAPH OF ART . 1 )

3 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPHERE OF APPLICATION - DISTINCTION BETWEEN PROVISIONAL AND DEFINITIVE MEASURES - NONE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 1 AND 24 )

Summary

1 . THE TERM ' ' RIGHTS IN PROPERTY ARISING OUT OF A MATRIMONIAL RELATIONSHIP ' ' WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 1 OF THE CONVENTION , INCLUDES NOT ONLY PROPERTY ARRANGEMENTS SPECIFICALLY AND EXCLUSIVELY ENVISAGED BY CERTAIN NATIONAL LEGAL SYSTEMS IN THE CASE OF MARRIAGE BUT ALSO ANY PROPRIETARY RELATIONSHIPS RESULTING DIRECTLY FROM THE MATRIMONIAL RELATIONSHIP OR THE DISSOLUTION THEREOF .

2 . JUDICIAL DECISIONS AUTHORIZING PROVISIONAL PROTECTIVE MEASURES - SUCH AS THE PLACING UNDER SEAL OR THE FREEZING OF THE ASSETS OF THE SPOUSES - IN THE COURSE OF PROCEEDINGS FOR DIVORCE DO NOT FALL WITHIN THE SCOPE OF THE CONVENTION AS DEFINED IN ARTICLE 1 THEREOF IF THOSE MEASURES CONCERN OR ARE CLOSELY CONNECTED WITH EITHER QUESTIONS OF THE STATUS OF THE PERSONS INVOLVED IN THE DIVORCE PROCEEDINGS OR PROPRIETARY LEGAL RELATIONS RESULTING DIRECTLY FROM THE MATRIMONIAL RELATIONSHIP OR THE DISSOLUTION THEREOF .

3 . IN RELATION TO THE MATTERS COVERED BY THE CONVENTION , NO LEGAL BASIS IS TO BE FOUND THEREIN FOR DRAWING A DISTINCTION BETWEEN PROVISIONAL AND DEFINITIVE MEASURES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - VARIATION OF RULES - PRINCIPLE OF PROTECTION OF LEGITIMATE EXPECTATION - APPLICATION - CONDITIONS AND LIMITS

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - INTRODUCTION IN RESPECT OF DURUM WHEAT AND PRODUCTS DERIVED THEREFROM - COMMISSION REGULATION NO 2604/77 - VALIDITY

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - INTRODUCTION IN RESPECT OF DURUM WHEAT AND PRODUCTS DERIVED THEREFROM - APPLICATION TO TRANSACTIONS IN COURSE OF EXECUTION

( COMMISSION REGULATION NO 2604/77 , AS AMENDED BY REGULATION NO 2792/77 )

Summary

1 . IN THE CONTEXT OF ECONOMIC RULES SUCH AS THOSE GOVERNING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , IF IN ORDER TO DEAL WITH INDIVIDUAL SITUATIONS THE COMMUNITY INSTITUTIONS HAVE LAID DOWN SPECIFIC RULES ENABLING TRADERS IN RETURN FOR ENTERING INTO CERTAIN OBLIGATIONS WITH THE PUBLIC AUTHORITIES - AS REGARDS TRANSACTIONS DEFINITIVELY UNDERTAKEN - TO PROTECT THEMSELVES FROM THE EFFECTS OF THE NECESSARILY FREQUENT VARIATIONS IN THE DETAILED RULES FOR THE APPLICATION OF THE COMMON ORGANIZATION , THE PRINCIPLE OF RESPECT FOR LEGITIMATE EXPECTATION PROHIBITS THOSE INSTITUTIONS FROM AMENDING THOSE RULES WITHOUT LAYING DOWN TRANSITIONAL MEASURES UNLESS THE ADOPTION OF SUCH MEASURES IS CONTRARY TO AN OVERRIDING PUBLIC INTEREST .

ON THE OTHER HAND , THE FIELD OF APPLICATION OF THIS PRINCIPLE CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE EARLIER RULES IN THE ABSENCE OF OBLIGATIONS ENTERED INTO WITH THE PUBLIC AUTHORITIES .

THIS IS PARTICULARLY TRUE IN A FIELD SUCH AS THE COMMON ORGANIZATION OF THE MARKETS , THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO THE VARIATIONS OF THE ECONOMIC SITUATION IN THE VARIOUS AGRICULTURAL SECTORS .

2 . CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COMMISSION REGULATION NO 2604/77 INTRODUCING MONETARY COMPENSATORY AMOUNTS IN RESPECT OF DURUM WHEAT AND PRODUCTS DERIVED THEREFROM .

3 . APART FROM THE EXCEPTION PROVIDED FOR BY REGULATION NO 2792/77 , THE MONETARY COMPENSATORY AMOUNTS LAID DOWN BY REGULATION NO 2604/77 ARE APPLICABLE TO THE EXPORTATION OF PASTA FROM ITALY TO THE OTHER MEMBER STATES AND TO NON-MEMBER COUNTRIES AS FROM 2 JANUARY 1978 IN PURSUANCE OF CONTRACTS CONCLUDED PRIOR TO 25 NOVEMBER 1977 .
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1 . OFFICIALS - APPLICATION TO THE COURT - DECISION OF A SELECTION BOARD - PRIOR COMPLAINT - NOT AN ESSENTIAL CONDITION - LODGING OF COMPLAINT - CONSEQUENCES - COMPLIANCE WITH TIME - LIMIT FOR BRINGING ACTION .

( STAFF REGULATIONS OF OFFICIALS , ARTS . 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - CATEGORY B POSTS ( COMPETITION - CONDITIONS FOR ENTRY - EDUCATIONAL TRAINING AND PRACTICAL EXPERIENCE - REQUIREMENT AS TO BOTH - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 5 ( 1 ); ANNEX III , ART . 1 )

3 . OFFICIALS - RECRUITMENT - CATEGORY B POSTS - COMPETITION - CONDITIONS FOR ENTRY - SECONDARY EDUCATION AND CERTIFICATE GIVING ACCESS TO UNIVERSITY - REQUIREMENT AS TO BOTH - PERMISSIBILITY - CONDITION - EXPRESS REFERENCE IN NOTICE OF COMPETITION

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 1 )

Summary

1 . A REFERENCE TO THE APPOINTING AUTHORITY OF A COMPLAINT THROUGH OFFICIAL CHANNELS AGAINST THE DECISION OF A SELECTION BOARD FOR A COMPETITION LIES OUTSIDE THE SCOPE OF THE PROVISIONS OF THE STAFF REGULATIONS IN VIEW OF THE FACT THAT THE APPOINTING AUTHORITY HAS NO POWER TO ANNUL OR AMEND THE DECISIONS OF A SELECTION BOARD . IF , NEVERTHELESS , INSTEAD OF BRINGING THE MATTER DIRECTLY BEFORE THE COURT THE PERSON CONCERNED RELIES ON THE PROVISIONS OF THE STAFF REGULATIONS IN ORDER TO REFER THE QUESTION TO THE APPOINTING AUTHORITY BY MEANS OF A COMPLAINT THROUGH OFFICIAL CHANNELS THE EFFECT OF SUCH A STEP , WHATEVER ITS LEGAL SIGNIFICANCE , MUST NOT BE THAT THE PERIOD FOR BRINGING THE MATTER TO THE ATTENTION OF THE COURT EXPIRES WHILST HE IS AWAITING A REPLY . IN FACT , SUCH AN ERROR AS TO THE INAPPLICABILITY OF ARTICLE 90 ( 2 ) IS EXCUSABLE HAVING REGARD TO THE PRESENT WORDING OF THE PROVISIONS IN QUESTION AND , IN THE ABSENCE OF ANY IMPERATIVE REASONS TO THE CONTRARY , IT CANNOT RESULT IN THE APPLICANT ' S BEING TIME-BARRED OR CONSEQUENTLY DEPRIVE HIM OF HIS RIGHT TO RESORT TO LEGAL PROCEEDINGS .

2 . THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF THE STAFF REGULATIONS SEEKS TO PROVIDE A GENERAL DEFINITION OF THE MINIMUM LEVEL REQUIRED FOR AN OFFICIAL IN CATEGORY B WHILST NOT PREVENTING THE LAYING DOWN OF CONDITIONS RELATING TO BOTH EDUCATIONAL TRAINING AND PRACTICAL EXPERIENCE IF THE NATURE OF THE POSTS TO BE FILLED SO REQUIRES .

3 . IT IS PERMISSIBLE FOR THE APPOINTING AUTHORITY TO REQUIRE , FOR ENTRY TO A COMPETITION ORGANIZED FOR THE PURPOSE OF FILLING A CATEGORY B POST , NOT ONLY COMPLETION OF A COURSE OF SECONDARY EDUCATION BUT ALSO POSSESSION OF A CERTIFICATE GIVING ACCESS TO UNIVERSITY . SUCH A REQUIREMENT MUST HOWEVER BE APPARENT FROM THE ACTUAL WORDING OF THE NOTICE OF COMPETITION SINCE THERE ARE A GREAT MANY DIFFERENT TYPES OF SECONDARY EDUCATION IN THE VARIOUS MEMBER STATES , SOME OF WHICH ARE NOT PREPARATORY TO EDUCATION AT UNIVERSITY LEVEL AND DO NOT GIVE AUTOMATIC ACCESS TO SUCH EDUCATION .
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Keywords

AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - BASIS OF CALCULATION - VALUE OF THE PRODUCTS CONCERNED - BUTTER FROM STORAGE - SALE AT REDUCED PRICE TO PROCESSING UNDERTAKINGS - REDUCTION OF MONETARY COMPENSATORY AMOUNTS - CONDITIONS - REDUCTION IN VALUE OF GOODS OWING TO THEIR COMPULSORY DESTINATION - RE-ASSESSMENT OF COMPENSATORY AMOUNTS - LEGAL BASES

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ; REGULATION NO 1259/72 , ART . 6 ( 1 ) ( C ) AND ( 2 ) AND ART . 20 )

Summary

THE DEFINITIVE APPLICATION OF THE REDUCED MONETARY COMPENSATORY AMOUNTS PROVIDED FOR BY ARTICLE 20 OF REGULATION NO 1259/72 OF THE COMMISSION ON THE DISPOSAL OF BUTTER AT A REDUCED PRICE TO CERTAIN COMMUNITY PROCESSING UNDERTAKINGS PRE-SUPPOSES THAT THE GOODS IN QUESTION , HAVING REGARD IN PARTICULAR TO THE USE TO WHICH THEY ARE TO BE PUT , HAVE THE REDUCED VALUE ATTRIBUTED TO THEM BY VIRTUE OF THAT REGULATION . IN SO FAR AS THE IMPORTER HAS NOT FURNISHED THE PROOF , WITHIN THE PERIOD PRESCRIBED IN ARTICLE 6 ( 1 ) ( C ) AND ( 2 ) OF THAT REGULATION , THAT THE GOODS HAVE BEEN PUT TO THE USE TO WHICH THE REDUCTION OF THE COMPENSATORY AMOUNTS IS SUBJECT , THE GOODS CANNOT BE REGARDED AS HAVING THE CONVENTIONAL VALUE REFERRED TO ABOVE . IN SUCH A CASE THE LEGAL BASIS FOR THE RE-ASSESSMENT OF THE COMPENSATORY AMOUNTS IS TO BE FOUND IN THE GENERAL RULES GOVERNING THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS , AS ESTABLISHED BY REGULATION NO 974/71 OF THE COUNCIL .
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1 . CUSTOMS DUTIES - CHARGES HAVING AN EQUIVALENT EFFECT - CONCEPT

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

2 . TAX PROVISIONS - INTERNAL TAXATION - CONCEPT - EQUAL TAX TREATMENT FOR NATIONAL AND IMPORTED PRODUCTS - CRITERIA

( EEC TREATY , ART . 95 )

3 . CUSTOMS DUTIES - CHARGES HAVING AN EQUIVALENT EFFECT - CHARGE ON IMPORTED MEAT

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

Summary

1 . ANY PECUNIARY CHARGE , WHATEVER ITS DESIGNATION AND MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING AN EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY . SUCH A CHARGE HOWEVER ESCAPES THAT CLASSIFICATION IF IT CONSTITUTES THE CONSIDERATION FOR A BENEFIT PROVIDED IN FACT FOR THE IMPORTER OR EXPORTER REPRESENTING AN AMOUNT PROPORTIONATE TO THE SAID BENEFIT . IT ALSO ESCAPES THAT CLASSIFICATION IF IT RELATES TO A GENERAL SYSTEM OF INTERNAL DUES SUPPLIED SYSTEMATICALLY AND IN ACCORDANCE WITH THE SAME CRITERIA TO DOMESTIC PRODUCTS AND IMPORTED AND EXPORTED PRODUCTS ALIKE , IN WHICH CASE IT DOES NOT COME WITHIN THE SCOPE OF ARTICLES 9 , 12 , 13 AND 16 BUT WITHIN THAT OF ARTICLE 95 OF THE TREATY .

2 . IN ORDER TO RELATE TO A GENERAL SYSTEM OF INTERNAL DUES AND THUS NOT COME WITHIN THE APPLICATION OF THE PROVISIONS PROHIBITING CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES , THE CHARGE TO WHICH AN IMPORTED PRODUCT IS SUBJECT MUST IMPOSE THE SAME DUTY ON NATIONAL PRODUCTS AND IDENTICAL IMPORTED PRODUCTS AT THE SAME MARKETING STAGE AND THE CHARGEABLE EVENT GIVING RISE TO THE DUTY MUST ALSO BE IDENTICAL IN THE CASE OF BOTH PRODUCTS . IT IS THEREFORE NOT SUFFICIENT THAT THE OBJECTIVE OF THE CHARGE IMPOSED ON IMPORTED PRODUCTS IS TO COMPENSATE FOR A CHARGE IMPOSED ON SIMILAR DOMESTIC PRODUCTS - OR WHICH HAS BEEN IMPOSED ON THOSE PRODUCTS OR A PRODUCT FROM WHICH THEY ARE DERIVED - AT A PRODUCTION OR MARKETING STAGE PRIOR TO THAT AT WHICH THE IMPORTED PRODUCTS ARE TAXED .

3 . A CHARGE WHICH IS IMPOSED ON MEAT , WHETHER OR NOT PREPARED , WHEN IT IS IMPORTED , AND IN PARTICULAR ON CONSIGNMENTS OF LARD , EVEN THOUGH NO CHARGE IS IMPOSED ON SIMILAR DOMESTIC PRODUCTS , OR A CHARGE IS IMPOSED ON THEM ACCORDING TO DIFFERENT CRITERIA , IN PARTICULAR BY REASON OF A DIFFERENT CHARGEABLE EVENT GIVING RISE TO THE DUTY , CONSTITUTES A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLES 9 , 12 AND 13 OF THE TREATY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRICE FORMATION - NATIONAL MEASURES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA ASSESSMENT - JURISDICTION OF NATIONAL COURT

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - TRANSFER TO AN INTERVENTION AGENCY OF FROZEN BEEF AND VEAL - SALE PRICE TO CONSUMER - UNILATERAL FIXING BY MEMBER STATE CONCERNED - PERMISSIBILITY - CONDITIONS

( COUNCIL REGULATION NO 2453/76 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - SALE PRICE TO CONSUMER - UNILATERAL FIXING BY A MEMBER STATE - PERMISSIBILITY - CONDITIONS

Summary

1 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , AND A FORTIORI WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION . HOWEVER , THE PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE THE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES , ON CONDITION THAT THEY DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION .

IN EVERY CASE IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER THE MAXIMUM PRICES WHICH IT IS CALLED UPON TO CONSIDER PRODUCE SUCH EFFECTS AS TO MAKE THEM INCOMPATIBLE WITH THE COMMUNITY PROVISIONS IN THE MATTER . IN THIS RESPECT IT IS NECESSARY TO TAKE ACCOUNT OF THE SPECIFIC NATURE OF THE ORGANIZATION OF THE MARKET IN QUESTION .

2 . COUNCIL REGULATION NO 2453/76 ON THE TRANSFER TO THE ITALIAN INTERVENTION AGENCY OF FROZEN BEEF AND VEAL HELD BY THE INTERVENTION AGENCIES IN OTHER MEMBER STATES , IN CONJUNCTION WITH THE REGULATIONS IMPLEMENTING IT , MUST BE INTERPRETED AS MEANING THAT THE ITALIAN GOVERNMENT IS AUTHORIZED TO FIX BY NATIONAL MEASURES RETAIL PRICES FOR SUCH MEAT ON CONDITION THAT THE RETAILERS ' MARGIN OF PROFIT IS NOT SO SMALL AS TO HINDER THE MARKETING OF THE PRODUCTS IN QUESTION .

3 . OUTSIDE THE SCOPE OF REGULATION NO 2453/76 THE UNILATERAL FIXING BY A MEMBER STATE OF MAXIMUM PRICES FOR FROZEN BEEF AND VEAL AT THE RETAIL STAGE IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ONLY TO THE EXTENT TO WHICH IT ENDANGERS THE OBJECTIVES OR THE OPERATION OF THAT ORGANIZATION .
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PROCEDURE - EXCEPTIONAL REVIEW PROCEDURES - REVISION - CONDITIONS FOR ADMISSIBILITY OF APPLICATION - FACT JUSTIFYING REVISION - CONCEPT

( STATUTES OF THE COURT OF JUSTICE OF THE ECSC , EEC AND EAEC , ARTS . 38 , 41 AND 42 RESPECTIVELY )

Summary

AN APPLICATION FOR REVISION , WHICH IS PROVIDED FOR IN ARTICLES 38 , 41 AND 42 OF THE PROTOCOLS ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC , THE EEC AND THE EAEC RESPECTIVELY , IS NOT A MEANS OF APPEAL BUT INTRODUCES A SPECIAL PROCEDURE ; THE FACT THAT REVISION DEFEATS THE FORCE OF RES JUDICATA MEANS THAT SUCH AN APPLICATION MUST BE THE SUBJECT OF STRICT CONDITIONS FOR ADMISSIBILITY . THESE CONDITIONS ARE THREE IN NUMBER :

- THERE MUST HAVE BEEN A TOTAL ABSENCE OF KNOWLEDGE ON THE PART OF THE COURT AND THE APPLICANT OF THE EXISTENCE OF A FACT PRIOR TO THE DELIVERY OF THE JUDGMENT WHOSE REVISION IS REQUESTED . THIS REQUIREMENT IS NOT SATISFIED IF THE FACT IN QUESTION HAS BEEN REFERRED TO IN ANY MANNER , OR EVEN TAKEN INTO ACCOUNT BY THE COURT IN THE COURSE OF THE MAIN PROCEEDINGS . IT IS NOT EVEN FULFILLED IF THE SAID FACT , WHILST NOT HAVING BEEN EXPRESSLY REFERRED TO IN THOSE PROCEEDINGS , WAS KNOWN AT THE TIME , WHETHER SUCH KNOWLEDGE WAS FORTUITOUS OR NOT .

- AT THE TIME OF THE DELIVERY OF JUDGMENT THE COURT MUST HAVE BEEN UNAWARE OF A FACT ALREADY IN EXISTENCE .

- THE UNKNOWN FACT MUST BE OF SUCH A NATURE AS TO BE ' ' A DECISIVE FACTOR ' ' AS REGARDS THE OUTCOME OF THE CASE , IN OTHER WORDS , IT MUST BE CAPABLE OF ALTERING THE JUDGMENT OF WHICH REVISION IS SOUGHT .
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1 . OFFICIALS - POST - GRADE - CRITERIA FOR ASSIGNMENT - NUMBER AND STATUS OF SUBORDINATES - EXCLUSION

( STAFF REGULATIONS OF OFFICIALS , ART . 5 )

2 . OFFICIALS - PERIODIC REPORTS - PROCEDURE - REPORTS BY A SENIOR OFFICIAL IN THE SAME GRADE - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 43 )

3 . OFFICIALS - INTERNAL ORGANIZATION OF AN INSTITUTION - DISCRETION OF THE ADMINISTRATION - CLASSIFICATION OF COMPARABLE POSTS DIFFERENT IN EACH INSTITUTION - PRINCIPLE OF EQUITY - BREACH - NONE

Summary

1 . IT IS IMPOSSIBLE TO FIND IN THE STAFF REGULATIONS ANYTHING TO SUPPORT THE ARGUMENT THAT THE GRADE TO WHICH AN OFFICIAL IS APPOINTED DEPENDS UPON THE NUMBER AND STATUS OF HIS SUBORDINATES .

2 . THERE IS NO PROVISION OF THE STAFF REGULATIONS PREVENTING THE DUTY OF MAKING PERIODIC REPORTS ON OFFICIALS OF A GIVEN GRADE FROM BEING ENTRUSTED TO A SENIOR EXPERIENCED OFFICIAL HAVING THE SAME GRADE .

3 . SINCE EACH INSTITUTION CONTROLS ITS OWN DETAILED LIST OF POSTS AND HAS A WIDE DISCRETION AS REGARDS ITS INTERNAL ORGANIZATION , THE FACT THAT ONE INSTITUTION CLASSIFIES A POST IN A LOWER GRADE THAN THAT IN WHICH A COMPARABLE POST IS CLASSIFIED IN ANOTHER INSTITUTION DOES NOT CONSTITUTE A BREACH OF THE PRINCIPLE OF EQUITY .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - EXPLANATORY NOTES OF THE CUSTOMS COOPERATION COUNCIL - AUTHORITY

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - EXPLANATORY OF THE CUSTOMS COOPERATION COUNCIL - EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF - INTER-RELATIONSHIP

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - MACHINES ' ' FOR CHANGING THE TEMPERATURE AND HUMIDITY OF AIR ' ' WITHIN THE MEANING OF HEADING 84.12 - CONCEPT

4 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - MACHINES ' ' FOR CHANGING THE TEMPERATURE AND HUMIDITY OF AIR ' ' WITHIN THE MEANING OF HEADING 84.12 - HUMIDITY - CONCEPT - RELATIVE HUMIDITY

Summary

1 . THE EXPLANATORY NOTES DRAWN UP BY THE CUSTOMS CO-OPERATION COUNCIL ARE , IN THE ABSENCE OF SPECIFIC PROVISIONS OF COMMUNITY LAW , AN AUTHORITATIVE SOURCE FOR INTERPRETING THE HEADINGS TO THE COMMON CUSTOMS TARIFF .

2 . THE NOTICE WHICH PRECEDES THE EXPLANATORY NOTES TO THE CUSTOMS TARIFF OF THE EUROPEAN COMMUNITIES STATES THAT THEY ARE NOT INTENDED TO REPLACE THE EXPLANATORY NOTES OF THE CUSTOMS CO-OPERATION COUNCIL BUT ONLY TO SUPPLEMENT THEM . CONSEQUENTLY , THE FORMER MUST BE INTERPRETED IN THE LIGHT OF THE LATTER .

3 . IT FOLLOWS FROM BOTH THE EXPLANATORY NOTES OF THE CUSTOMS CO-OPERATION COUNCIL AND THE EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF THAT HEADING 84.12 OF THE COMMON CUSTOMS TARIFF APPLIES ONLY TO MACHINES WHICH INCLUDE ELEMENTS DESIGNED BOTH TO ALTER THE SURROUNDING TEMPERATURE IN A GIVEN SPACE AND TO REGULATE THE DEGREE OF HUMIDITY OF THE AIR IN THAT SPACE , OR WHICH ARE AT LEAST INTENDED AND MAKE IT POSSIBLE TO ADJUST THE LEVEL OF HUMIDITY WHICH IS MERELY THE AUTOMATIC RESULT OF THE TEMPERATURE SELECTED . IT DOES NOT APPLY TO MACHINES MADE SOLELY FOR THE PURPOSE OF CHANGING THE TEMPERATURE OF THE SURROUNDING ATMOSPHERE , WHERE THE DEGREE OF HUMIDITY OF THAT ATMOSPHERE CHANGES ONLY AS AN AUTOMATIC RESULT , WHICH CAN NEITHER BE REGULATED NOR ADJUSTED , OF THE TEMPERATURE .

4 . IN SO FAR AS THE CONCEPT OF RELATIVE HUMIDITY CORRESPONDS TO THAT OF THE DEGREE OF HUMIDITY , THE EXPRESSION ' ' FOR CHANGING THE TEMPERATURE AND HUMIDITY OF AIR ' ' MEANS CHANGING THE RELATIVE HUMIDITY .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - CRITERIA - DISTINCTION BETWEEN PRODUCTS UNDER TARIFF HEADINGS 64.02 , 64.03 AND 64.04

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF - AUTHORITY

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FOOTWEAR WITH OUTER SOLES OF RUBBER WITHIN THE MEANING OF TARIFF HEADING 64.02 - CONCEPT

Summary

1 . IT IS APPARENT FROM TARIFF HEADINGS 64.02 , 64.03 AND 64.04 OF THE COMMON CUSTOMS TARIFF THAT THE DISTINCTION BETWEEN PRODUCTS FALLING UNDER ONE OR THE OTHER HEADING DEPENDS BASICALLY ONLY ON THE CHARACTERISTICS OF THE OUTER SOLE , THAT IS TO SAY THE PART OF THE FOOTWEAR IN DIRECT CONTACT WITH THE GROUND .

2 . ALTHOUGH THE EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF CANNOT MODIFY THE TEXT OF THAT TARIFF , THEY NEVERTHELESS CONSTITUTE AN IMPORTANT FACTOR IN ITS INTERPRETATION ENABLING THE SCOPE OF THE VARIOUS TARIFF HEADINGS OR SUBHEADINGS TO BE DEFINED OR CLARIFIED .

3 . FOOTWEAR WITH OUTER SOLES OF HEMPEN ROPE , 57% OF THE SURFACE OF WHICH IS REINFORCED WITH RUBBER AT THE TOE , JOINT AND HEEL , MUST BE CLASSIFIED AS FOOTWEAR WITH OUTER SOLES OF RUBBER UNDER HEADING 64.02 OF THE COMMON CUSTOMS TARIFF AND , HAVING REGARD TO THE MATERIAL OF WHICH THE UPPERS ARE MADE , UNDER SUBHEADING B OF THAT HEADING .
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1 . COMPETITION - AGREEMENTS - NOTIFICATION - ARRANGEMENTS - INCOMPLETE INFORMATION ON FORM - ENTIRE TEXT OF AGREEMENT ATTACHED - PROPER NOTIFICATION

( REGULATION NO 17 OF THE COUNCIL , ART . 5 )

2 . COMPETITION - AGREEMENTS - NOTIFICATION - EFFECTS - REQUEST FROM COMMISSION FOR FURTHER INFORMATION - EFFECTS OF NOTIFICATION UNALTERED

( REGULATION NO 17 OF THE COUNCIL , ARTS . 5 AND 11 )

3 . COMPETITION - AGREEMENTS - NOTIFICATION - EFFECTS - SCOPE IN CASE OF TEMPORARY LIMITATION OF SPHERE OF APPLICATION OF AGREEMENT

( REGULATION NO 17 OF THE COUNCIL , ART . 5 )

Summary

1 . AN AGREEMENT MAY BE REGARDED AS PROPERLY NOTIFIED IN ITS ENTIRETY AND MAY THEREFORE BENEFIT FROM THE EFFECTS OF AN AGREEMENT WHICH HAS BEEN NOTIFIED , WHERE ITS ENTIRE TEXT HAS BEEN ATTACHED TO THE NOTIFICATION FORM , EVEN THOUGH ONLY SOME OF THE CLAUSES OF THE AGREEMENT ARE QUOTED ON THE FORM , PROVIDED THAT THE DESCRIPTION GIVEN THERE CONSTITUTES A FAIR AND ACCURATE RECORD OF THE PROVISIONS WHICH AT THE TIME WERE CONSIDERED THE MOST IMPORTANT .

2 . A LETTER FROM THE COMMISSION REQUESTING , UNDER ARTICLE 11 OF REGULATION NO 17 , FURTHER INFORMATION ABOUT AN AGREEMENT WHICH HAS BEEN NOTIFIED DOES NOT IN ANY WAY ALTER THE EFFECTS OF THE NOTIFICATION .

3 . THE EFFECTS OF NOTIFICATION EXTEND TO THE SPHERE OF APPLICATION OF THE AGREEMENT AT THE TIME OF ITS NOTIFICATION . HENCE THE RE-INTRODUCTION OF A CATEGORY OF GOODS WHICH FELL WITHIN THE SCOPE OF AN AGREEMENT AT THE TIME OF ITS NOTIFICATION , BUT WHICH WAS SUBSEQUENTLY EXCLUDED VOLUNTARILY BY THE PARTIES FOR A CERTAIN PERIOD , IS COVERED BY THE EFFECTS OF THE ORIGINAL NOTIFICATION .