ddrg/super_eurlex huggingface dataset:
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1 . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - DISMISSAL - CONCEPT

( COUNCIL DIRECTIVE NO 76/207 , ART . 5 ( 1 ))

2 . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - EXCEPTIONS WITH REGARD TO SOCIAL SECURITY MATTERS - EXCEPTION WITH REGARD TO PENSIONABLE AGE - STRICT INTERPRETATION

( COUNCIL DIRECTIVE NO 76/207 , ART . 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . 7 ( 1)(A ))

3.SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - COMPULSORY TERMINATION OF EMPLOYMENT ON ATTAINMENT OF PENSIONABLE AGE - DIFFERENT PENSIONABLE AGE FOR MEN AND WOMEN - DISCRIMINATION

( COUNCIL DIRECTIVE NO 76/207 , ART . 5 ( 1 ))

Summary

1 . THE TERM ' DISMISSAL ' CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE GIVEN A WIDE MEANING ; AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN THE TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION .

2 . IN VIEW OF THE FUNDAMENTAL IMPORTANCE OF THE PRINCIPLE OF EQUALITY OF TREATMENT FOR MEN AND WOMEN , ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 ON THE IMPLEMENTATION OF THAT PRINCIPLE AS REGARDS ACCESS TO EMPLOYMENT AND WORKING CONDITIONS , WHICH EXCLUDES SOCIAL SECURITY MATTERS FROM THE SCOPE OF THE DIRECTIVE , MUST BE INTERPRETED STRICTLY . IT FOLLOWS THAT THE EXCEPTION TO THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF SEX PROVIDED FOR IN ARTICLE 7 ( 1)(A ) OF DIRECTIVE NO 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY APPLIES ONLY TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POS- SIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS .

3 . ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT IT DOES NOT ALLOW THE MEMBER STATES THE FREEDOM TO EXEMPT FROM THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT AN EXPRESS OR IMPLIED CONDITION IN A CONTRACT OF EMPLOYMENT CONCLUDED ON THE BASIS OF A COLLECTIVE AGREEMENT , IF THAT CONDITION HAS THE EFFECT OF TERMINATING 02031THE CONTRACT OF EMPLOYMENT ON THE GROUND OF THE AGE ATTAINED BY THE EMPLOYEE AND THE RELEVANT AGE IS DETERMINED BY THE AGE - WHICH IS DIFFERENT FOR MEN AND WOMEN - AT WHICH THE EMPLOYEE BECOMES ENTITLED TO A RETIREMENT PENSION .
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1 . OFFICIALS - APPEAL - ACT ADVERSELY AFFECTING AN OFFICIAL - LIST OF SUITABLE CANDIDATES DRAWN UP BY A SELECTION BOARD - DISCRETION OF THE APPOINTING AUTHORITY - PREPARATORY MEASURE - CONTESTATION IN AN ACTION DIRECTED AGAINST THE APPOINTMENT OF A SUCCESSFUL CANDIDATE

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - CANDIDATES ' PRACTICAL EXPERIENCE - CRITERIA OF ASSESSMENT - DETERMINATION IN THE DISCRETION OF THE SELECTION BOARD - LIMITS

( STAFF REGULATIONS , ANNEX III , ART . 5 )

Summary

1 . A DECISION WHEREBY A SELECTION BOARD IN A COMPETITION ESTABLISHES A LIST OF SUITABLE CANDIDATES IS A MEASURE PREPARATORY TO AN APPOINTMENT DECISION SO THAT ITS ILLEGALITY MAY ONLY BE PLEADED IN AN APPLICATION CHALLENGING THE DECISION IN RELATION TO WHICH IT CONSTITUTED A PREPARATORY STEP . THAT CONCLUSION CANNOT BE UPSET BY THE ARGUMENT THAT THE APPOINTING AUTHORITY IS BOUND BY THE RESULTS OF THE COMPETITION AS LAID DOWN IN THE LIST OF SUITABLE CANDIDATES ; ALTHOUGH , AS A GENERAL RULE , THE APPOINTING AUTHORITY MUST OBSERVE THE ORDER IN WHICH THE NAMES OF SUITABLE CANDIDATES ARE LISTED , IT MAY NEVERTHELESS DEPART FROM THAT ORDER PROVIDED THAT IT EXPLAINS ITS DECISION CLEARLY AND IN FULL .

2 . IN A COMPETITION PROCEDURE IT IS FOR THE SELECTION BOARD TO DEFINE THE CRITERIA FOR THE MARKING OF QUALIFICATIONS IN THE MATTER OF PRACTICAL EXPERIENCE IN THE LIGHT OF THE IMPORTANCE WHICH , ON THE BASIS OF AN ASSESSMENT WHICH MUST BY ITS NATURE BE DISCRETIONARY , IT ATTACHES TO THOSE QUALIFICATIONS IN RELATION TO THE REQUIREMENTS OF THE POST TO BE FILLED . HOWEVER , THE DETERMINATION OF THOSE CRITERIA BEFORE THE SELECTION BOARD HAS EXAMINED THE CANDIDATES ' FILES MAY BE OPEN TO CHALLENGE .
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( COUNCIL REGULATION NO 1430/79 , ART . 13 , AS AMENDED BY REGULATION NO 1672/82 )

OPINION OF MR ADVOCATE GENERAL MISCHO
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1 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2 . THE EUROPEAN COMMUNITIES ' OWN RESOURCES - DETERMINATION OF AMOUNT DUE AND PLACING OF THAT AMOUNT AT THE COMMUNITIES ' DISPOSAL BY MEMBER STATES - CREDITING THE AMOUNT TO THE COMMISSION ' S ACCOUNT - DELAY IN CREDITING THE AMOUNT - OBLIGATION TO PAY INTEREST

( COUNCIL REGULATION NO 2891/77 , ARTS 10 AND 11 )

Summary

1 . A MEMBER STATE CANNOT EXCULPATE ITSELF FOR FAILING TO FULFIL ITS OBLIGATIONS MERELY BY ACKNOWLEDGING THE EXISTENCE OF THAT FAILURE .

2 . INTEREST IS PAYABLE , BY VIRTUE OF ARTICLE 11 OF REGULATION NO . 2891/77 , IN RESPECT OF ' ANY DELAY ' IN CREDITING TO THE COMMISSION ' S ACCOUNT THE COMMUNITIES ' OWN RESOURCES WHICH ARE TO BE DETERMINED BY THE MEMBER STATES . IT FOLLOWS THAT , REGARDLESS OF THE REASON FOR THE DELAY IN MAKING THE ENTRY IN THE COMMISSION ' S ACCOUNT , INTEREST IS PAYABLE WITHOUT ANY DISTINCTION BEING CALLED FOR ACCORDING TO WHETHER THE DELAY WAS CAUSED BY FAILURE TO DETERMINE THE RELEVANT AMOUNTS BY THE DUE DATE OR BY FAILURE TO COMPLY WITH THE TIME-LIMIT LAID DOWN IN ARTICLE 10 ( 1 ) OF REGULATION NO 2891/77 FOR MAKING THE ACTUAL ENTRY IN THE ACCOUNT .
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1 . STATE AID - CONCEPT - AID IN THE FORM OF LOANS OR OF SUBSCRIPTIONS OF CAPITAL - FORM IRRELEVANT AS REGARDS THE APPLICATION OF ARTICLE 92 OF THE TREATY - SUBSCRIPTION OF CAPITAL - BASIS OF ASSESSMENT - SITUATION OF THE UNDERTAKING VIS-A-VIS THE PRIVATE CAPITAL MARKETS

( EEC TREATY , ART . 92 )

2 . STATE AID - EFFECT ON TRADE BETWEEN MEMBER STATES - DISTORTION OF COMPETITION

( EEC TREATY , ART . 92 ( 1 ))

3 . COMMUNITY LAW - PRINCIPLES - RIGHT TO BE HEARD - APPLICATION TO AN ADMINISTRATIVE PROCEDURE INITIATED BY THE COMMISSION - SCOPE

Summary

1 . THE TREATY APPLIES TO AID GRANTED BY STATES OR THROUGH STATE RESOURCES ' IN ANY FORM WHATSOEVER ' . ACCORDINGLY , NO DISTINCTION CAN BE DRAWN BETWEEN AID GRANTED IN THE FORM OF LOANS AND AID GRANTED IN THE FORM OF A SUBSCRIPTION OF CAPITAL OF AN UNDERTAKING . AID TAKING EITHER FORM FALLS WITHIN THE PROHIBITION CONTAINED IN ARTICLE 92 OF THE TREATY WHERE THE CONDITIONS SET OUT THEREIN ARE FULFILLED .

AN APPROPRIATE WAY OF ESTABLISHING WHETHER A SUBSCRIPTION OF CAPITAL OF AN UNDERTAKING IS A STATE AID IS TO DETERMINE TO WHAT EXTENT THE UNDERTAKING WOULD BE ABLE TO OBTAIN THE SUMS IN QUESTION ON THE PRIVATE CAPITAL MARKETS . IN THE CASE OF AN UNDERTAKING WHOSE CAPITAL IS HELD BY THE PUBLIC AUTHORITIES , THE TEST IS , IN PARTICULAR , WHETHER IN SIMILAR CIRCUMSTANCES A PRIVATE SHAREHOLDER , HAVING REGARD TO THE FORESEEABILITY OF OBTAINING A RETURN AND LEAVING ASIDE ALL SOCIAL , REGIONAL-POLICY AND SECTORAL CONSIDERATIONS , WOULD HAVE SUBSCRIBED THE CAPITAL IN QUESTION .

2 . SINCE THE UNDERTAKING CONCERNED EXPORTED ABOUT 40% OF ITS OUTPUT TO OTHER MEMBER STATES , EXCESS PRODUCTION CAPACITY EXISTED IN THE MARKET IN QUESTION AND , IN THOSE CIRCUMSTANCES , THE AID GRANTED TO THE UNDERTAKING HAD THE EFFECT OF REDUCING ITS FINANCIAL COSTS BY COMPARISON WITH THOSE OF ITS COMPETITORS , THE COMMISSION WAS ENTITLED TO CONCLUDE , IN THE ABSENCE OF ANY INFORMATION TO THE CONTRARY , THAT THE AID IN QUESTION AFFECTED TRADE BETWEEN MEMBER STATES AND DISTORTED , OR THREATENED TO DISTORT , COMPETITION WITHIN THE MEANING OF ARTICLE 92 ( 1 ) OF THE TREATY .

3 . 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 . THE PRINCIPLE OF THE RIGHT TO BE HEARD REQUIRES THAT THE PERSON AGAINST WHOM AN ADMINISTRATIVE PROCEDURE HAS BEEN INITIATED MUST HAVE BEEN AFFORDED THE OPPORTUNITY , DURING THAT PROCEDURE , TO MAKE KNOWN HIS VIEWS ON THE TRUTH AND RELEVANCE OF THE FACTS AND CIRCUMSTANCES ALLEGED AND ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS CLAIM THAT THERE HAS BEEN AN INFRINGEMENT OF COMMUNITY LAW . WHERE THE PERSON CONCERNED HAS NOT BEEN AFFORDED AN OPPORTUNITY TO COMMENT ON DOCUMENTS CONTAINING INFORMATION COVERED BY BUSINESS CONFIDENTIALITY , THE COMMISSION MAY NOT USE THAT INFORMATION IN ITS DECISION .
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ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - FREE MOVEMENT OF CAPITAL - OBLIGATION PROGRESSIVELY TO RELEASE BLOCKED FUNDS BELONGING TO PERSONS RESIDENT IN OTHER MEMBER STATES - SCOPE

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC, ART . 52 )

Summary

THE HELLENIC REPUBLIC WAS UNDER A DUTY TO RELEASE, WITHIN THE TIME-LIMITS LAID DOWN IN ARTICLE 52 OF THE ACT OF ACCESSION, ALL BLOCKED FUNDS BELONGING TO PERSONS RESIDENT IN OTHER MEMBER STATES, INCLUDING SUCH FUNDS ARISING FROM OPERATIONS WHICH WERE NOT PERSONAL .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - AMENDMENT - EFFECT ON THE VALIDITY OF THE RULES PREVIOUSLY IN FORCE - NONE

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - PRODUCTS WHOSE PRICE DEPENDS ON THE PRICE OF PRODUCTS COVERED BY INTERVENTION ARRANGEMENTS - WHOLE-MILK POWDER - CALCULATION - ACCOUNT TAKEN OF PROCESSING COSTS FOR PRODUCTS COVERED BY INTERVENTION ARRANGEMENTS - PERMISSIBILITY

( REGULATION ( EEC ) NO 974/71 OF THE COUNCIL , ARTS 1 ( 2)(B ) AND 2 ( 2 ); COMMISSION REGULATION ( EEC ) NO 1036/78 , ANNEX I , PART 5 )

Summary

1 . THE MERE FACT THAT CERTAIN PROVISIONS OF COMMUNITY LAW HAVE BEEN PROGRESSIVELY AMENDED IN THE LIGHT OF PAST EXPERIENCE SO AS TO CONSTITUTE A BODY OF RULES ULTIMATELY MORE SUITED TO RESOLVING THE PROBLEM IN QUESTION THAN THE RULES INITIALLY ADOPTED DOES NOT AFFECT THE VALIDITY OF THE PROVISIONS PREVIOUSLY IN FORCE .

2 . THE VALIDITY OF REGULATION NO 1036/78 FIXING THE MONETARY COMPENSATORY AMOUNTS AND CERTAIN COEFFICIENTS AND RATES FOR THEIR APPLICATION CANNOT BE CALLED IN QUESTION INASMUCH AS IT PROVIDES FOR THE APPLICATION OF COMPENSATORY AMOUNTS IN RESPECT OF WHOLE-MILK POWDER IMPORTED FROM FRANCE INTO THE FEDERAL REPUBLIC OF GERMANY AND , FOR THE PURPOSE OF CALCULATING THOSE AMOUNTS , TAKES INTO ACCOUNT THE PROCESSING COSTS FOR SKIMMED-MILK POWDER AND BUTTER .
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1 . QUESTIONS FOR A PRELIMINARY RULING - REFERENCE TO THE COURT - NEED TO OBTAIN A PRELIMINARY RULING - ASSESSMENT BY THE NATIONAL COURT

( EEC TREATY , ART . 177 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - FREEDOM OF ESTABLISHMENT - DOCTORS - OBLIGATION OF MEMBER STATES TO RESTRICT ACCESS TO MEDICAL STUDIES - NONE

( EEC TREATY , ARTS 3 ( C ) AND 57 ( 3 ))

Summary

1 . IT IS FOR THE NATIONAL COURT TO ASSESS , HAVING REGARD TO THE FACTS OF THE CASE , THE NEED TO OBTAIN A PRELIMINARY RULING TO ENABLE IT TO GIVE JUDGMENT .

2 . NEITHER ARTICLE 3 ( C ) NOR ARTICLE 57 ( 3 ) OF THE EEC TREATY , NOR ANY OTHER PROVISION OF COMMUNITY LAW , REQUIRES THE MEMBER STATES TO LIMIT THE NUMBER OF STUDENTS ADMITTED TO MEDICAL FACULTIES BY INTRODUCING A NUMERUS CLAUSUS SYSTEM .
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ACTION FOR FAILURE TO ACT - FORMAL NOTICE CALLING UPON THE INSTITUTION TO ACT - CONDITIONS - CLEAR AND EXPRESS REQUEST .

( ECSC TREATY , ART . 35 )

Summary

ACCORDING TO THE SCHEME OF ARTICLE 35 OF THE ECSC TREATY AN ACTION FOR FAILURE TO ACT MUST BE PRECEDED BY FORMAL NOTICE CALLING UPON THE COMMISSION TO ACT , AND THE SUBJECT-MATTER OF THAT NOTICE MUST BE SET OUT IN SUCH A MANNER AS TO MAKE CLEAR WHAT DECISION THE COMMISSION SHOULD HAVE TAKEN UNDER COMMUNITY LAW . THOSE REQUIREMENTS ARE NOT MET WHERE THE COMMISSION IS INFORMED BY TELEX OF DIFFICULTIES IN OBTAINING SUPPLIES IN A PARTICULAR SECTOR AND IS ASKED ' TO TAKE INTO SERIOUS CONSIDERATION THE VERY URGENT NEED TO ADOPT MEASURES TO STABILIZE THE MARKET ' IN QUESTION , SINCE SUCH A COMMUNICATION DOES NOT ENABLE THE COMMISSION TO DETERMINE WHAT MEASURES IT IS ACTUALLY BEING ASKED TO TAKE .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PRIVATE-STORAGE AID - ' FRESH OR CHILLED ' MEAT - MEAT WHICH IS FROZEN OUTSIDE THE PLACE OF STORAGE - EXCLUDED

( REGULATION NO 805/68 OF THE COUNCIL , ART . 5 ( 2 ); COMMISSION REGULATIONS NOS 1071/68 AND 2778/74 )

Summary

WHERE MEAT IS DELIVERED FROZEN TO THE PLACE OF STORAGE , IT DOES NOT CONSTITUTE ' FRESH OR CHILLED ' MEAT WITHIN THE MEANING OF ARTICLE 5 ( 2 ) OF REGULATION ( EEC ) NO 805/68 OF THE COUNCIL , AND HENCE CANNOT QUALIFY FOR THE PRIVATE-STORAGE AID PROVIDED FOR BY THAT ARTICLE .

IT IS NOT COMPATIBLE WITH THE RULES OF COMMUNITY LAW GOVERNING PRIVATE-STORAGE AID FOR BEEF AND VEAL FOR THE STEPS PREPARATORY TO STORAGE , IN PARTICULAR THE FREEZING OF THE MEAT , TO BE CARRIED OUT AT A PLACE OTHER THAN THE PLACE OF ACTUAL STORAGE .
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1 . FREE MOVEMENT OF PERSONS - WORKER - CONCEPT - EXISTENCE OF AN EMPLOYMENT RELATIONSHIP - TRAINEE TEACHER - INCLUDED

( EEC TREATY , ART . 48 ( 1 ))

2 . FREE MOVEMENT OF PERSONS - DEROGATIONS - EMPLOYMENT IN THE PUBLIC SERVICE - CONCEPT - PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND IN THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE - TRAINEE TEACHER

( EEC TREATY , ART . 48 ( 4 ))

Summary

1 . THE TERM ' WORKER ' IN ARTICLE 48 HAS A COMMUNITY MEANING . IT MUST BE DEFINED IN ACCORDANCE WITH OBJECTIVE CRITERIA WHICH DISTINGUISH THE EMPLOYMENT RELATIONSHIP BY REFERENCE TO THE RIGHTS AND DUTIES OF THE PERSONS CONCERNED . THE ESSENTIAL FEATURE OF AN EMPLOYMENT RELATIONSHIP IS THAT A PERSON PERFORMS SERVICES OF SOME ECONOMIC VALUE FOR AND UNDER THE DIRECTION OF ANOTHER PERSON IN RETURN FOR WHICH HE RECEIVES REMUNERATION . THE SPHERE IN WHICH THEY ARE PROVIDED AND THE NATURE OF THE LEGAL RELATIONSHIP BETWEEN EMPLOYEE AND EMPLOYER ARE IMMATERIAL AS REGARDS THE APPLICATION OF ARTICLE 48 .

THEREFORE , A TRAINEE TEACHER WHO , UNDER THE DIRECTION AND SUPERVISION OF THE SCHOOL AUTHORITIES , IS UNDERGOING A PERIOD OF SERVICE IN PREPARATION FOR THE TEACHING PROFESSION DURING WHICH HE PROVIDES SERVICES BY GIVING LESSONS AND RECEIVES REMUNERATION MUST BE REGARDED AS A WORKER WITHIN THE MEANING OF ARTICLE 48 ( 1 ) OF THE EEC TREATY , IRRESPECTIVE OF THE LEGAL NATURE OF THE EMPLOYMENT RELATIONSHIP .

2 . THE EXPRESSION ' EMPLOYMENT IN THE PUBLIC SERVICE ' WITHIN THE MEANING OF ARTICLE 48 ( 4 ), WHICH IS EXCLUDED FROM THE AMBIT OF ARTICLE 48 ( 1 ), ( 2 ) AND ( 3 ), MUST BE UNDERSTOOD AS MEANING THOSE POSTS WHICH INVOLVE DIRECT OR INDIRECT PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND IN THE DISCHARGE OF FUNCTIONS WHOSE PURPOSE IS TO SAFEGUARD THE GENERAL INTERESTS OF THE STATE OR OF OTHER PUBLIC AUTHORITIES AND WHICH THEREFORE REQUIRE A SPECIAL RELATIONSHIP OF ALLEGIANCE TO THE STATE ON THE PART OF PERSONS OCCUPYING THEM AND RECIPROCITY OF RIGHTS AND DUTIES WHICH FORM THE FOUNDATION OF THE BOND OF NATIONALITY . THE POSTS EXCLUDED ARE CONFINED TO THOSE WHICH , HAVING REGARD TO THE TASKS AND RESPONSIBILITIES INVOLVED , ARE APT TO DISPLAY THE CHARACTERISTICS OF THE SPECIFIC ACTIVITIES OF THE PUBLIC SERVICE IN THE SPHERES DESCRIBED ABOVE .

A PERIOD OF PREPARATORY SERVICE FOR THE TEACHING PROFESSION DOES NOT COME WITHIN THE SCOPE OF THAT PROVISION .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT BY THE EXPORTING MEMBER STATE OF MONETARY COMPENSATORY AMOUNTS THAT MUST BE GRANTED ON IMPORTATION BY ANOTHER MEMBER STATE - REFUSAL - DIVERSION OF THE GOODS FROM THEIR INTENDED PURPOSE FOLLOWING COMPLETION OF CUSTOMS FORMALITIES - EXPORTER ACTING IN GOOD FAITH - NO EFFECT - INQUIRY BY THE ADMINISTRATION TO ESTABLISH WHETHER THE GOODS HAVE BEEN DIVERTED - EXPORTER ' S DUTY TO COOPERATE - GOODS ACTUALLY ENTERED FOR HOME USE IN THE IMPORTING STATE - CONSEQUENCES

( REGULATION ( EEC ) NO 974/71 OF THE COUNCIL , ART . 2A ; REGULATION ( EEC ) NO 1380/75 OF THE COMMISSION , ARTS 11 ( 2 ) AND 16 )

Summary

1 . THE PROVISIONS OF COMMUNITY LAW GOVERNING THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS , IN PARTICULAR ARTICLES 11 AND 16 OF REGULATION NO 1380/75 , MUST BE INTERPRETED AS MEANING THAT THE EXPORTING MEMBER STATE WHICH HAS TO PAY THE MONETARY COMPENSATORY AMOUNTS THAT MUST BE GRANTED BY THE IMPORTING MEMBER STATE IS ENTITLED TO REFUSE PAYMENT WHERE THE PRODUCT IN QUESTION HAS NOT ENTERED THE IMPORTING MEMBER STATE FOR HOME USE OWING TO FRAUD ON THE PART OF THE PURCHASERS OF THE SAID PRODUCT , EVEN WHERE THE CUSTOMS FORMALITIES HAVE BEEN COMPLETED , APPROPRIATE T 5 FORMS HAVE BEEN ISSUED AND THE ' EXPORTER ' OR ' PERSON CONCERNED ' WITHIN THE MEANING OF THE REGULATIONS IN QUESTION AT ALL TIMES ACTED IN GOOD FAITH IN RELATION TO THE SAID TRANSACTION .

2 . WHERE THE ADMINISTRATION OF THE EXPORTING MEMBER STATE , PURSUANT TO ARTICLE 16 OF REGULATION NO 1380/75 OWING TO GRAVE SUSPICIONS BASED ON OBJECTIVE GROUNDS , HAS COMMENCED INQUIRIES IN ORDER TO ESTABLISH WHETHER THE PRODUCT HAS BEEN DIVERTED BY FRAUDULENT MEANS FROM ITS INTENDED PURPOSE AS SPECIFIED IN THE CONTROL COPY , THE EXPORTER IS REQUIRED TO COOPERATE IN THE INQUIRY BY TRANSMITTING ALL SUCH INFOR MATION AS HE IS ABLE TO FURNISH . IF , NOTWITHSTANDING ALL THE ENDEAVOURS WHICH THE ADMINISTRATION IS REQUIRED TO MAKE , THE INQUIRIES HAVE FAILED TO DISPEL THOSE SUSPICIONS , THE EXPORTING MEMBER STATE IS ENTITLED TO REFUSE PAYMENT OF THE MONETARY COMPENSATORY AMOUNTS WHICH THE IMPORTING MEMBER STATE IS REQUIRED TO GRANT , UNLESS PROOF IS FURNISHED THAT THE PRODUCT HAS ACTUALLY ENTERED THE LATTER STATE FOR HOME USE .
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COMMON CUSTOMS TARIFF - SYSTEM OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES - ORIGIN OF GOODS - DETERMINATION - COMMISSION ' S DISCRETION

( REGULATION NO 802/68 OF THE COUNCIL , ART . 2 , AS AMENDED BY REGULATION NO 1318/71 AND REGULATION NO 3570/83 )

Summary

IT FOLLOWS FROM REGULATION NO 3570/83 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1984 TO TEXTILE PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES AND FROM ARTICLE 2 OF REGULATION NO 802/68 ON THE COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS THAT , IN THE FIELD OF GENERALIZED TARIFF PREFERENCES , THE COMMISSION MAY APPLY THE CONCEPT OF THE ORIGIN OF GOODS IN A DIFFERENT AND STRICTER MANNER THAN IN THE FRAMEWORK OF THE COMMON RULES DRAWN UP BY REGULATION NO 802/68 . SUCH AN APPLICATION MAY , IN FACT , BE NECESSARY TO ATTAIN THE OBJECTIVE OF THE GENERALIZED TARIFF PREFERENCES OF ENSURING THAT THE PREFERENCES BENEFIT ONLY INDUSTRIES WHICH ARE ESTABLISHED IN DEVELOPING COUNTRIES AND WHICH CARRY OUT THE MAIN MANUFACTURING PROCESSES IN THOSE COUNTRIES .
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AGRICULTURE - COMMON AGRICULTURAL POLICY - STRUCTURAL REFORM - MODERNIZATION OF FARMS - DIRECTIVE 72/159/EEC - WITHHOLDING OF THE STATUS OF ' FARMER PRACTISING FARMING AS HIS MAIN OCCUPATION ' FROM CERTAIN TYPES OF LEGAL PERSON BY REASON OF THEIR LEGAL FORM - NOT PERMISSIBLE

( COUNCIL DIRECTIVE 72/159 , ARTS 2 AND 3 ( 1 ))

Summary

ARTICLE 3 ( 1 ) OF COUNCIL DIRECTIVE 72/159 ON THE MODERNIZATION OF FARMS MUST BE INTERPRETED AS MEANING THAT MEMBER STATES , WHEN LAYING DOWN THE CRITERIA TO BE FULFILLED BY A LEGAL PERSON IN ORDER TO BE REGARDED AS

A FARMER PRACTISING FARMING AS HIS MAIN OCCUPATION , ARE NOT PERMITTED TO EXCLUDE CERTAIN TYPES OF SUCH LEGAL PERSON FROM THE SCOPE OF THE DIRECTIVE SOLELY BY REASON OF THEIR LEGAL FORM .
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1 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - PRINCIPAL OBLIGATION AND SECONDARY OBLIGATION - SAME PENALTY - NOT PERMISSIBLE

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FOOD AID - IMPLEMENTATION - CONTRACT TERMS - CONDITIONS FOR CARRIAGE BY SEA - OBLIGATIONS OF SUCCESSFUL TENDERER REGARDING SHIPMENT PERIOD AND CHOICE OF VESSEL - SCOPE - CONDITIONS REGARDING SECURITY - USE OF A VESSEL NOT CONFORMING EXACTLY TO THE PRESCRIBED CONDITIONS - TOTAL FORFEITURE - PRINCIPLE OF PROPORTIONALITY - BREACH

( COMMISSION REGULATIONS NOS 1974/80 , ARTS 4 ( 4 ) ( D ), 5 ( 1 ) AND 20 ( 1 ), AND 588/81 , ANNEX A , POINT 16 )

Summary

1 . IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW CONTEMPLATING FORFEITURE OF A SECURITY IN ITS ENTIRETY IS COMPATIBLE WITH THE PRINCIPLE OF PROPORTIONALITY , IT IS NECESSARY TO ESTABLISH WHETHER THE OBLIGATIONS WHOSE FULFILMENT IT IS INTENDED TO ENSURE MUST BE REGARDED AS PRINCIPAL OBLIGATIONS WHICH ARE OF FUNDAMENTAL IMPORTANCE TO THE PROPER FUNCTIONING OF THE COMMUNITY SYSTEM IN QUESTION AND WHOSE INFRINGEMENT MAY BE PUNISHED BY FORFEITURE OF THE ENTIRE SECURITY , WITHOUT THERE BEING ANY BREACH OF THE PRINCIPLE OF PROPORTIONALITY , OR WHETHER THEY ARE SECONDARY OBLIGATIONS WHOSE INFRINGEMENT SHOULD NOT BE PUNISHED WITH THE SAME RIGOUR AS IS APPLIED TO THE FAILURE TO FULFIL A PRINCIPAL OBLIGATION .

2 . WHERE A SUCCESSFUL TENDERER VERY SLIGHTLY EXCEEDS THE SHIPMENT PERIOD OR USES SHIPS ENGAGED IN LINER TRADING WHICH ARE MORE THAN 15 YEARS OLD BUT ARE SUBSTANTIALLY AS RELIABLE AS SHIPS LESS THAN 15 YEARS OLD , HE DOES NOT THEREBY INFRINGE HIS OBLIGATIONS UNDER POINT 16 OF ANNEX A TO REGULATION NO 588/81 AND ARTICLE 4 ( 4 ) ( D ) OF REGULATION NO 1974/80 ON THE IMPLEMENTATION OF FOOD AID .

MOREOVER , THE SECOND INDENT OF ARTICLE 20 ( 1 ) OF REGULATION NO 1974/80 INFRINGES THE PRINCIPLE OF PROPORTIONALITY IN SO FAR AS ITS EFFECT IS THAT THE SECURITY FURNISHED PURSUANT TO ARTICLE 5 OF THE REGULATION IS TO BE DECLARED WHOLLY FORFEIT WHERE THE GOODS IN QUESTION ARE TRANSPORTED IN VESSELS WHICH ARE MORE THAN 15 YEARS OLD AND NOT ENGAGED IN LINER TRADING BUT WHICH ARE LISTED IN THE TOP CLASS IN RECOGNIZED SHIPPING CLASSIFICATION REGISTERS .
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1 . OFFICIALS - POSTING - STATEMENT OF REASONS - OBLIGATION - NONE

2 . OFFICIALS - POSTING - ADMINISTRATION' S DISCRETION - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ART . 7 )

3 . OFFICIALS - DECISION AFFECTING THE ADMINISTRATIVE STATUS OF AN OFFICIAL - TAKING INTO ACCOUNT OF FACTORS NOT APPEARING IN THE PERSONAL FILE - UNLAWFUL

( STAFF REGULATIONS OF OFFICIALS, ARTS 26 AND 43 )

Summary

1 . THE APPOINTING AUTHORITY IS NOT REQUIRED TO GIVE REASONS FOR A DECISION ASSIGNING AN OFFICIAL TO A NEW POST, EITHER TO THE OFFICIAL APPOINTED, WHO CANNOT BE ADVERSELY AFFECTED BY THE DECISION, OR TO UNSUCCESSFUL CANDIDATES, WHO MIGHT BE HARMED BY SUCH A STATEMENT OF REASONS .

2 . UNDER ARTICLE 7 OF THE STAFF REGULATIONS OF OFFICIALS THE APPOINTING AUTHORITY MUST CHOOSE THE OFFICIAL TO BE ASSIGNED TO A VACANT POST, FOLLOWING A VACANCY NOTICE, SOLELY IN THE INTERESTS OF THE SERVICE . IN MAKING SUCH A DECISION THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN ASSESSING THE INTERESTS OF THE SERVICE AND THE SUITABILITY OF THE CANDIDATES FOR THE POST IN QUESTION . THE COURT' S REVIEW MUST BE LIMITED IN SUCH CASES TO CONSIDERATION OF THE QUESTION WHETHER, HAVING REGARD TO THE CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMININSTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE CANDIDATES' SUITABILITY OR OF THE INTERESTS OF THE SERVICE FOR THAT OF THE APPOINTING AUTHORITY .

3 . A DECISION OF THE APPOINTING AUTHORITY AFFECTING THE ADMINISTRATIVE STATUS AND CAREER OF AN OFFICIAL MAY NOT BE BASED ON MATTERS CONCERNING HIS CONDUCT WHICH ARE NOT INCLUDED IN HIS PERSONAL FILE . A DECISION BASED ON SUCH MATTERS INFRINGES AN OFFICIAL' S RIGHT OF DEFENCE, WHICH ARTICLE 26 OF THE STAFF REGULATIONS CONCERNING PERSONAL FILES, AND ARTICLE 43, CONCERNING PERIODICAL REPORTS, SEEK TO GUARANTEE . IT IS FOR THAT REASON CONTRARY TO THE GUARANTEES CONTAINED IN THE STAFF REGULATIONS AND MUST BE ANNULLED BECAUSE IT WAS ADOPTED ON THE BASIS OF AN UNLAWFUL PROCEDURE .