ddrg/super_eurlex huggingface dataset:
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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS - RELEVANCE OF THE QUESTIONS ASKED - DISCRETION - NONE

( EEC TREATY , ART . 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - PAYMENT ON A PROVISIONAL BASIS - RIGHT OF APPEAL OF THOSE CONCERNED - SCOPE

( REGULATION NO 574/72 OF THE COUNCIL , ART . 45 ( 4 ))

Summary

1 . IT SHOULD BE NOTED THAT IT IS NOT FOR THIS COURT TO PRONOUNCE ON THE EXPEDIENCY OF THE REQUEST FOR A PRELIMINARY RULING . AS REGARDS THE DIVISION OF JURISDICTION BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY IT IS FOR THE NATIONAL COURT , WHICH IS ALONE IN HAVING A DIRECT KNOWLEDGE OF THE FACTS OF THE CASE AND OF THE ARGUMENTS PUT FORWARD BY THE PARTIES , AND WHICH WILL HAVE TO GIVE JUDGMENT IN THE CASE , TO APPRECIATE , WITH FULL KNOWLEDGE OF THE MATTER BEFORE IT , THE RELEVANCE OF THE QUESTIONS OF LAW RAISED BY THE DISPUTE BEFORE IT AND THE NECESSITY FOR A PRELIMINARY RULING SO AS TO ENABLE IT TO GIVE JUDGMENT .

2 . ARTICLE 45 ( 4 ) OF REGULATION NO 574/72 OF THE COUNCIL CANNOT BE INTERPRETED AS BEING INTENDED TO EXCLUDE ALL POSSIBILITY OF PROTECTION BY THE COURTS OF THE ENTITLEMENT TO BENEFITS ON A PROVISIONAL BASIS . THE EXPRESSION ' ' NOT OPEN TO APPEAL ' ' IN ARTICLE 45 ( 4 ), COUPLED WITH THE WORDS ' ' PROVISIONAL NATURE ' ' WHICH PRECEDE IT , MEANS ONLY THAT THE MEASURES ADOPTED BY THE COMPETENT INSTITUTIONS UNDER ARTICLE 45 ( 1 ) MAY NOT BE THE SUBJECT-MATTER OF PROCEEDINGS WHICH SEEK TO OBTAIN A DEFINITIVE SETTLEMENT OF THE PERSON ' S ENTITLEMENT TO BENEFIT . HOWEVER , ARTICLE 45 ( 4 ) DOES ALLOW A CLAIM TO BE MADE BEFORE THE APPROPRIATE NATIONAL COURTS AGAINST THE COMPETENT INSTITUTION ' S FAILURE TO PERFORM , OR DELAY IN PERFORMING , THE OBLIGATIONS IMPOSED ON IT BY ARTICLE 45 ( 1 ) AND PERMITS INTEREST ON THE AMOUNTS PAYABLE TO BE AWARDED TO THE CLAIMANT AT A RATE TO BE FIXED BY THE COURT IN ACCORDANCE WITH THE PROVISIONS OF NATIONAL LAW AS A RESULT OF SUCH PROCEEDINGS .
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1 . TAX PROVISIONS - INTERNAL TAXATION - RULE THAT THERE SHOULD BE NO DISCRIMINATION - SCOPE - TAX ADVANTAGES FOR DOMESTIC PRODUCTS - EXTENSION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES

( EEC TREATY , ART . 95 )

2 . APPROXIMATION OF LAWS - DISPOSAL OF WASTE OILS - UNDERTAKINGS CONCERNED - ALLOWANCES IN THE FORM OF REDUCTION OF DOMESTIC CHARGES - ADMISSIBILITY - CONDITIONS - COMPLIANCE WITH THE RULE THAT THERE SHOULD BE NO TAX DISCRIMINATION

( EEC TREATY , ART . 95 ; COUNCIL DIRECTIVE NO 75/439/EEC , ART . 13 )

Summary

1 . IN THE ABSENCE OF ANY UNIFICATION OR HARMONIZATION OF THE RELEVANT PROVISIONS , COMMUNITY LAW DOES NOT PROHIBIT MEMBER STATES FROM GRANTING , FOR PROPER ECONOMIC AND SOCIAL REASONS , TAX ADVANTAGES , IN THE FORM OF EXEMPTION FROM OR REDUCTION OF DUTIES , TO CERTAIN PRODUCTS OR TO CERTAIN CLASSES OF PRODUCERS . THE EEC TREATY DOES NOT THEREFORE FORBID , AS FAR AS DOMESTIC TAX LAWS ARE CONCERNED , THE TAXATION AT DIFFERENTIAL RATES OF PRODUCTS WHICH MAY SERVE THE SAME ECONOMIC ENDS , ESPECIALLY IF , OBJECTIVELY SPEAKING , IT APPEARS THAT THE COST OF PRODUCTION DIFFERS CONSIDERABLY .

ON THE OTHER HAND THE FIRST PARAGRAPH OF ARTICLE 95 OF THE TREATY REQUIRES THAT SUCH TAX ADVANTAGES MUST ALSO BE EXTENDED WITHOUT ANY DISCRIMINATION TO SIMILAR PRODUCTS FROM THE OTHER MEMBER STATES WHICH SATISFY THE SAME CONDITIONS LAID DOWN FOR THOSE ADVANTAGES . HOWEVER THAT PROVISION DOES NOT PLACE MEMBER STATES UNDER A DUTY TO ABOLISH AS REGARDS INTERNAL TAXES ON DOMESTIC PRODUCTS DIFFERENCES WHICH ARE OBJECTIVELY JUSTIFIED AND WHICH MAY BE INTRODUCED BY DOMESTIC LEGISLATION UNLESS SUCH ABOLITION IS THE ONLY WAY OF AVOIDING DIRECT OR INDIRECT DISCRIMINATION AGAINST THE IMPORTED PRODUCTS .

2 . PURSUANT TO ARTICLE 13 OF DIRECTIVE NO 75/439 ON THE DISPOSAL OF WASTE OILS , WHEN MEMBER STATES IMPLEMENT A DIRECTIVE THEY ARE FREE EITHER TO GRANT INDEMNITIES DIRECTLY TO UNDERTAKINGS ENGAGED IN THE RECOVERY , DISPOSAL OR REGENERATION OF USED OILS OR TO ALLOW REGENERATED OILS TO BENEFIT FROM MORE FAVOURABLE TAX TREATMENT , OR EVEN TO COMBINE THE TWO SYSTEMS . NEVERTHELESS , IF IN THE EXERCISE OF THEIR DISCRETION IN THIS FIELD THEY OPT FOR A SYSTEM OF LOWER INTERNAL TAXATION , THEY MUST ACCEPT THE CONSEQUENCES OF THAT CHOICE AND ENSURE THAT THE SYSTEM CHOSEN COMPLIES WITH THE FUNDAMENTAL PRINCIPLE LAID DOWN IN ARTICLE 95 OF THE EEC TREATY THAT THERE MUST BE NO TAX DISCRIMINATION AGAINST IMPORTED PRODUCTS .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - POWER OF THE COMMISSION TO MAKE REGULATIONS - SCOPE

( REGULATION NO 97/69 OF THE COUNCIL )

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FRUIT ' ' PROVISIONALLY PRESERVED . . . BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION ' ' WITHIN THE MEANING OF TARIFF HEADING 08.11 - CONCEPT - DEFINITION BY CONTRAST TO HEADING 20.06

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FRUIT ' ' PREPARED OR PRESERVED . . . CONTAINING ADDED SPIRIT ' ' WITHIN THE MEANING OF SUBHEADING 20.06 B I - CONCEPT - CHERRIES PUT UP IN A MIXTURE OF WATER AND ALCOHOL - INCLUSION

( REGULATION NO 1709/74 OF THE COMMISSION )

Summary

1 . IN ITS REGULATION NO 97/69 ON MEASURES TO BE TAKEN FOR THE APPLICATION OF THE CUSTOMS TARIFF THE COUNCIL CONFERRED UPON THE COMMISSION , ACTING IN CO-OPERATION WITH THE CUSTOMS EXPERTS OF THE MEMBER STATES , A WIDE POWER OF DISCRETION IN DEFINING THE SUBJECT-MATTER OF TARIFF HEADINGS COMING INTO CONSIDERATION FOR CLASSIFICATION .

2 . IT FOLLOWS FROM THE WORDING OF HEADING 08.11 OF THE COMMON CUSTOMS TARIFF THAT IT COVERS PROVISIONALLY PRESERVED FRUIT , PROVIDED , HOWEVER , THAT IN THAT STATE IT IS UNSUITABLE FOR CONSUMPTION .

IT FOLLOWS THAT FRUIT PROVISIONALLY PRESERVED CANNOT COME UNDER HEADING 08.11 IF IT APPEARS THAT THE PRESERVATION PROCESS USED HAS NOT RESULTED IN MAKING IT UNSUITABLE FOR IMMEDIATE CONSUMPTION IN THAT STATE . WHETHER OR NOT THE GOODS AT ISSUE ARE TO UNDERGO SUBSEQUENT PROCESSING IS IRRELEVANT FOR THE PURPOSE OF DEFINING THE SCOPE OF HEADINGS 08.11 AND 20.06 .

3 . FRUIT PUT UP IN A MIXTURE OF WATER AND ALCOHOL , WHICH IS NOT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION , MUST BE CLASSIFIED UNDER SUBHEADING 20.06 B I OF THE COMMON CUSTOMS TARIFF .

THE VALIDITY OF REGULATION NO 1709/74 CANNOT BE AFFECTED INASMUCH AS IT MAKES PROVISION FOR SUCH A TARIFF CLASSIFICATION OF CHERRIES PUT UP IN A MIXTURE OF WATER AND ETHYL ALCOHOL AS FRUIT SUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION .
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Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - LEVY ON IMPORTATION OF ORANGE JUICE - APPLICATION ONLY TO PRODUCTS PROCESSED WITH ADDED SUGAR - CRITERIA - FIXED VALUE OF 30 UNITS OF ACCOUNT OR LESS PER 100 KG NET WEIGHT - CONVERSION RATE FOR UNIT OF ACCOUNT CORRESPONDING TO THE PAR VALUE COMMUNICATED TO THE IMF - CONSEQUENCES - EXEMPTION FROM LEVY IN SOME MEMBER STATES - CHARGING OF THE LEVY IN OTHER MEMBER STATES - NOT PERMISSIBLE

( COUNCIL REGULATION NO 516/77 , ARTS 2 , 13 ( 1 ) AND ANNEX I ; REGULATION NO 950/68 OF THE COUNCIL AS AMENDED BY REGULATION NO 2500/77 , GENERAL RULE C.3 )

Summary

THE COMBINED PROVISIONS OF ARTICLE 2 OF REGULATION NO 516/77 AND OF ANNEX I THERETO WHICH IMPOSE A LEVY ON ORANGE JUICE OF A VALUE NOT EXCEEDING 30 UNITS OF ACCOUNT PER 100 KG NET WEIGHT MUST BE INTERPRETED WITH DUE REGARD FOR THE ESSENTIAL AIMS OF THAT REGULATION , THAT IS TO SAY , THE ESTABLISHMENT OF A SINGLE TRADING SYSTEM AT THE FRONTIERS OF THE COMMUNITY AND THE CHARGING OF THE LEVY ONLY ON PRODUCTS PROCESSED WITH ADDED SUGAR , ORANGE JUICE OF A VALUE EXCEEDING 30 UNITS OF ACCOUNT PER 100 KG BEING ASSUMED IN FACT TO HAVE SUCH A HIGH NATURAL SUGAR CONTENT THAT THERE IS NO REASON TO CHARGE A LEVY ON IT IN RESPECT OF ADDED SUGAR .

IF THEREFORE THE REGULATION LAYS DOWN THAT FIXED LIMIT OF VALUE AND , FOR CONVERTING THE UNIT OF ACCOUNT INTO NATIONAL CURRENCY , REFERS TO THE EXCHANGE RATE CORRESPONDING TO THE PAR VALUE COMMUNICATED TO AND RECOGNIZED BY THE INTERNATIONAL MONETARY FUND , IT IS ONLY IN ORDER TO FACILITATE THE CONTROLS AND THE CUSTOMS CHECKS CARRIED OUT AT THE FRONTIERS OF THE COMMUNITY . CONSE- QUENTLY THE COMBINED PROVISIONS OF ARTICLE 2 OF THE REGULATION AND OF ANNEX I THERETO SHOULD BE INTERPRETED AS MEANING THAT A LEVY IS NOT CHARGEABLE IN RESPECT OF ADDED SUGAR ON THE IMPORT- ATION INTO A MEMBER STATE OF ORANGE JUICE THE VALUE OF WHICH IN UNITS OF ACCOUNT OBTAINED ON THE APPLICATION OF THE CONVERSION RULE REFERRED TO ABOVE IS 30 OR LESS IF IT IS ESTABLISHED THAT THE SAME ORANGE JUICE IS EXEMPT FROM THE LEVY IN OTHER MEMBER STATES .
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1 . MEASURES ADOPTED BY INSTITUTIONS - AMENDMENT OF AN EARLIER PROVISION - SITUATIONS ARISING UNDER THAT LATTER PROVISION - FUTURE EFFECTS - APPLICATION OF THE AMENDMENT

2 . OFFICIALS - PENSIONS - SURVIVOR ' S PENSION FOR A DIVORCED WIFE - CONDITIONS FOR GRANT - DECREE OF DIVORCE NOT FINDING THAT THE WIFE WAS SOLELY TO BLAME - CONCEPT OF ' ' SOLE ' ' BLAME

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 27 )

Summary

1 . ACCORDING TO A GENERALLY ACCEPTED PRINCIPLE A LAW AMENDING A LEGISLATIVE PROVISION APPLIES , SAVE AS OTHERWISE PROVIDED , TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE PREVIOUS LAW .

2 . THE PROVISO DENYING THE DIVORCED WIFE A SURVIVOR ' S PENSION , AS IT IS WORDED IN ARTICLE 27 OF ANNEX VIII , APPLIES ONLY WHERE THE DECREE OF DIVORCE FOUND THAT THE WIFE WAS SOLELY TO BLAME . A DECREE WHICH DECIDED WHAT BLAME WAS TO BE ATTACHED TO THE WIFE , WHILST RESERVING JUDGMENT AS TO THE BLAME TO BE ATTACHED TO THE HUSBAND , MAY NOT BE CONSIDERED AS HAVING FOUND THAT THE WIFE WAS ' ' SOLELY ' ' TO BLAME .
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - AMBIT - CIVIL AND COMMERCIAL MATTERS - CONCEPT - INDEPENDENT INTERPRETATION - CRITERIA

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - AMBIT - DETERMINATION - FACTORS TO BE TAKEN INTO CONSIDERATION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 )

3 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - AMBIT - CIVIL AND COMMERCIAL MATTERS - ACTIONS BROUGHT BY A PUBLIC AUTHORITY AGAINST A PRIVATE PERSON ON THE BASIS OF ITS PUBLIC AUTHORITY POWERS - RECOVERY OF THE COSTS OF REMOVING A WRECK - EXCLUSION - CLAIM FOR REDRESS BEFORE CIVIL COURTS - NOT AVAILABLE

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 )

Summary

1 . THE CONCEPT ' ' CIVIL AND COMMERCIAL MATTERS ' ' USED IN ARTICLE 1 OF THE CONVENTION MUST BE REGARDED AS AN INDEPENDENT CONCEPT WHICH MUST BE CONSTRUED WITH REFERENCE FIRST TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND SECONDLY TO THE GENERAL PRINCIPLES WHICH STEM FROM THE CORPUS OF THE NATIONAL LEGAL SYSTEMS .

2 . AS THE CONVENTION MUST BE APPLIED IN SUCH A WAY AS TO ENSURE , AS FAR AS POSSIBLE , THAT THE RIGHTS AND OBLIGATIONS WHICH DERIVE FROM IT FOR THE CONTRACTING STATES AND THE PERSONS TO WHOM IT APPLIES ARE EQUAL AND UNIFORM IT MUST BE INTERPRETED SOLELY IN THE LIGHT OF THE DIVISION OF JURISDICTION BETWEEN THE VARIOUS TYPES OF COURTS EXISTING IN CERTAIN STATES ; ITS AMBIT MUST THEREFORE BE ESSENTIALLY DETERMINED BY REASON OF THE LEGAL RELATIONSHIPS EXISTING BETWEEN THE PARTIES TO THE ACTION OR OF THE SUBJECT-MATTER OF THE ACTION .

3 . THE CONCEPT OF ' ' CIVIL AND COMMERCIAL MATTERS ' ' WITHIN THE MEANING OF THE FIRST PARAGRAPH ARTICLE 1 OF THE CONVENTION DOES NOT INCLUDE ACTIONS BROUGHT BY THE AGENT RESPONSIBLE FOR ADMINISTERING PUBLIC WATERWAYS AGAINST THE PERSON HAVING LIABILITY IN LAW IN ORDER TO RECOVER THE COSTS INCURRED IN THE REMOVAL OF A WRECK CARRIED OUT BY OR AT THE INSTIGATION OF THE ADMINISTERING AGENT IN THE EXERCISE OF ITS PUBLIC AUTHORITY .

THE FACT THAT THE AGENT RESPONSIBLE FOR ADMINISTERING PUBLIC WATERWAYS IS SEEKING TO RECOVER THOSE COSTS BY MEANS OF A CLAIM FOR REDRESS BEFORE THE CIVIL COURTS AND NOT BY ADMINISTRATIVE PROCESS CANNOT BE SUFFICIENT TO BRING THE MATTER IN DISPUTE WITHIN THE AMBIT OF THE CONVENTION .
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1 . 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 )

2 . 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 . 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 .

2 . THE WORDINGS 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 - INTERNAL ORGANIZATION OF INSTITUTION - DISCRETION OF ADMINISTRATION - GENERAL PROVISIONS RELATING TO A ROTATION SCHEME FOR OFFICIALS ASSIGNED TO NON-MEMBER COUNTRIES - NATURE - ADAPTATION TO INDIVIDUAL SITUATIONS - PERMISSIBILITY

2 . OFFICIALS - DECISION ADVERSELY AFFECTING - DECISION TO REASSIGN WITHIN THE FRAMEWORK OF A ROTATION SCHEME FOR OFFICIALS - REQUIREMENT TO STATE GROUNDS ON WHICH BASED - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

Summary

1 . GENERAL PROVISIONS RELATING TO A SCHEME FOR ROTATION OF OFFICIALS ASSIGNED TO NON-MEMBER COUNTRIES , WHICH HAVE BEEN ADOPTED BY THE ADMINISTRATION OUTSIDE THE PROCEDURE LAID DOWN IN ARTICLE 110 OF THE STAFF REGULATIONS , DERIVE FROM THE POWER VESTED IN EVERY INSTITUTION TO PROVIDE FOR ITS OWN INTERNAL ORGANIZATION WITH DUE REGARD TO THE TASKS ENTRUSTED TO IT AND TO ALLOCATE THE STAFF AVAILABLE TO IT IN THE LIGHT OF SUCH TASKS . SUCH PROVISIONS DO NOT ESTABLISH AN INFLEXIBLE SYSTEM OF RULES BUT RATHER A SYSTEM WHICH , AS REGARDS THE RULES GOVERNING ITS OPERATION , MAY BE ADAPTED WHERE NECESSARY IN THE INTERESTS OF THE PROPER EFFICIENCY OF THE SERVICE AND IN THE INTEREST OF THE OFFICIAL , TO THE NEEDS OF A GIVEN INDIVIDUAL SITUATION .

2 . THE DUTY TO STATE THE GROUNDS ON WHICH A DECISION IS BASED , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS OF OFFICIALS , IS SATISFIED IF THE CIRCUMSTANCES IN WHICH THE DISPUTED MEASURE WAS ADOPTED AND NOTIFIED TO THOSE CONCERNED AND THE STAFF MEMOR- ANDA AND OTHER COMMUNICATIONS ACCOMPANYING IT MAKE IT POSSIBLE TO RECOGNIZE THE ESSENTIAL FACTORS WHICH GUIDED THE ADMINISTRATION IN ITS DECISION . THE GROUNDS FOR A DECISION TO REASSIGN AN OFFICIAL WITHIN THE FRAMEWORK OF A SCHEME FOR THE ROTATION OF OFFICIALS , WHICH HAS ITS LEGAL BASIS IN THE GENERAL PROVISIONS GOVERNING THAT SCHEME , ARE THUS ESSENTIALLY TO BE FOUND IN THOSE PROVISIONS THEMSELVES .
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Keywords

1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - COVERT DISCRIMINATION - INCLUSION

( EEC TREATY , ART . 7 )

3 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - SIMPLIFIED PROCEDURE FOR RECOVERY OF DEBTS DRAWING A DISTINCTION BASED ON CURRENCY IN WHICH EXPRESSED - PERMISSIBILITY

( EEC TREATY , ART . 7 )

Summary

1 . ALTHOUGH THE COURT MAY NOT EXPRESS AN OPINION IN THE CONTEXT OF ARTICLE 177 OF THE TREATY ON THE VALIDITY OF A NATIONAL LAW , IT IS NEVERTHELESS COMPETENT , FOR THE PURPOSES OF COOPERATION WITH THE NATIONAL COURTS , TO EXTRACT FROM THE QUESTION THOSE ASPECTS OF COMMUNITY LAW THE INTERPRETATION OF WHICH WILL ENABLE THE NATIONAL COURT TO RESOLVE THE PROBLEMS WITH WHICH IT IS CONCERNED .

2 . ARTICLE 7 OF THE TREATY PROHIBITS ANY DISCRIMINATION ON GROUNDS OF NATIONALITY WITHIN THE FIELD OF APPLICATION OF THE TREATY . THAT ARTICLE FORBIDS NOT ONLY OVERT DISCRIMINATION BY REASON OF NATIONALITY BUT ALSO ALL COVERT FORMS OF DISCRIMINATION WHICH , BY THE APPLICATION OF OTHER CRITERIA OF DIFFERENTIATION , LEAD IN FACT TO THE SAME RESULT .

3 . ARTICLE 7 OF THE EEC TREATY DOES NOT PRECLUDE A NATIONAL RULE OF CIVIL PROCEDURE WHICH , WHILST AFFORDING ANY CREDITOR ESTABLISHED IN THE TERRITORY OF A MEMBER STATE THE OPPORTUNITY TO SUE FOR PAYMENT OF A DEBT IN WHATEVER CURRENCY IT IS EXPRESSED BY TAKING ORDINARY LEGAL PROCEEDINGS BEFORE THE COURTS , PROVIDES FOR A SIMPLIFIED PROCEDURE FOR RECOVERY WHICH IS NOT AVAILABLE TO A CREDITOR PROSECUTING A CLAIM FOR PAYMENT OF A DEBT EXPRESSED IN A FOREIGN CURRENCY AGAINST A DEBTOR ESTABLISHED ON NATIONAL TERRITORY .
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FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HEALTH OF HUMANS - PROHIBITION OF THE ADDITION OF NISIN TO PROCESSED CHEESE - PERMISSIBILITY IN RELATION TO COMMUNITY RULES ON PRESERVATIVES IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION - RESTRICTION OF THE PROHIBITION TO PRODUCTS INTENDED FOR SALE ON THE DOMESTIC MARKET OF THE STATE CONCERNED - ARBITRARY DISCRIMINATION - DISGUISED RESTRICTION - NONE

( EEC TREATY , ART . 36 ; COUNCIL DIRECTIVE 64/54/EEC , ART . 6 ( B ))

Summary

THE PROVISIONS OF THE EEC TREATY REGARDING THE FREE MOVEMENT OF GOODS DO NOT , AT THE PRESENT STAGE OF COMMUNITY RULES ON PRESERVATIVES IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION , PRECLUDE NATIONAL MEASURES BY A MEMBER STATE , WHICH , ON THE PROTECTION OF HEALTH AND IN ACCORDANCE WITH ARTICLE 36 OF THE TREATY , PROHIBIT THE ADDITION OF NISIN TO PROCESSED CHEESE SOLD ON THE DOMESTIC MARKET OTHER THAN PROCESSED CHEESE INTENDED FOR EXPORT TO OTHER MEMBER STATES .

IN VIEW OF THE UNCERTAINTIES PREVAILING IN THE VARIOUS MEMBER STATES REGARDING THE MAXIMUM LEVEL OF NISIN WHICH MUST BE PRESCRIBED IN RESPECT OF EACH PRESERVED PRODUCT INTENDED TO SATISFY THE VARIOUS DIETARY HABITS , IT DOES NOT APPEAR THAT SUCH A PROHIBITION , ALTHOUGH RESTRICTED ONLY TO PRODUCTS INTENDED FOR SALE ON THE DOMESTIC MARKET OF THE STATE CONCERNED , CONSTITUTES ' ' A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES ' ' WITHIN THE MEANING OF ARTICLE 36 CITED ABOVE .
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Keywords

TAX PROVISIONS - INTERNAL TAXATION - GRANTING OF TAX ADVANTAGES IN FAVOUR OF DOMESTIC PRODUCTS - EXTENSION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES - CRITERIA - ADVANTAGES RESERVED TO SMALL PRODUCERS OF SPIRITS - RATE OF TAXATION REDUCED IN TERMS OF QUANTITIES PRODUCED - APPLICATION TO IMPORTED PRODUCTS ORIGINATING WITH UNDERTAKINGS HAVING THE SAME PRODUCTION CAPACITY

( EEC TREATY , ART . 95 )

Summary

ARTICLE 95 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT TAX ADVANTAGES GRANTED UNDER THE LEGISLATION OF A MEMBER STATE IN FAVOUR OF CERTAIN ALCOHOLIC PRODUCTS MUST BE EXTENDED TO SIMILAR PRODUCTS ORIGINATING IN OTHER MEMBER STATES WHICH FULFIL BOTH THE CRITERION OF SIMILARITY WHICH FORMS THE BASIS OF ARTICLE 95 AND THE CONDITIONS LAID DOWN UNDER ITS NATIONAL LEGISLATION FOR QUALIFYING FOR THE TAX ADVANTAGE IN QUESTION .
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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - REFERENCE TO THE COURT - STAGE OF THE PROCEEDINGS AT WHICH REFERENCE SHOULD BE MADE - DISCRETION OF THE NATIONAL JUDGE

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRICE SYSTEM - NATIONAL INTERVENTION - TAX UNDER A NATIONAL INCOMES POLICY LEVIED ON THE VALUE OF CERTAIN AGRICULTURAL PRODUCTS - ADMISSIBILITY - CONDITIONS - APPRAISAL BY THE NATIONAL JUDGE

3 . FREE CIRCULATION OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - TAX LEVIED ON EXPORTED AND NON-EXPORTED LIVESTOCK - EXCLUSION

( EEC TREATY , ARTS 9 , 12 , 16 )

Summary

1 . THE NEED TO PROVIDE AN INTERPRETATION OF COMMUNITY LAW WHICH WILL BE OF USE TO THE NATIONAL COURT MAKES IT ESSENTIAL TO DEFINE THE LEGAL CONTEXT IN WHICH THE INTERPRETATION REQUESTED SHOULD BE PLACED . FROM THAT ASPECT IT MIGHT BE CONVENIENT IN CERTAIN CIRCUMSTANCES FOR THE FACTS IN THE CASE TO BE ESTABLISHED AND FOR QUESTIONS OF PURELY NATIONAL LAW TO BE SETTLED AT THE TIME THE REFERENCE IS MADE TO THE COURT OF JUSTICE SO AS TO ENABLE THE LATTER TO TAKE COGNIZANCE OF ALL THE FEATURES OF FACT AND LAW WHICH MAY BE RELEVANT TO THE INTERPRETATION OF COMMUNITY LAW WHICH IT IS CALLED UPON TO GIVE .

HOWEVER , THOSE CONSIDERATIONS DO NOT IN ANY WAY RESTRICT THE DISCRETION OF THE NATIONAL COURT IN DECIDING AT WHAT STAGE IN THE PROCEEDINGS PENDING BEFORE IT A QUESTION SHOULD BE REFERRED TO THE COURT FOR A PRELIMINARY RULING .

2 . A TEMPORARY NATIONAL DUTY INTENDED TO BE BORNE BY AGRICULTURAL PRODUCERS AS PART OF AN INCOMES POLICY DIVIDING TAX BURDENS AMONG THE VARIOUS SECTORS OF THE WORKING POPULATION , BUT APPLIED IN THE FORM OF AN INDIRECT TAX ON THE VALUE OF CERTAIN AGRICULTURAL PRODUCTS SUBJECT TO COMMON ORGANIZATIONS OF THE MARKETS AT THE TIME OF THEIR DELIVERY FOR PROCESSING , STORAGE OR EXPORT AND PAYABLE EITHER BY THE EXPORTER OR BY THE PROCESSING OR STORAGE UNDERTAKING , WHO ARE ENTITLED TO RECOVER THE AMOUNT OF THE DUTY FROM THE PRODUCERS , IS NOT , IN PRINCIPLE , INCOMPATIBLE WITH THE PROVISIONS OF THE EEC TREATY ON AGRICULTURAL POLICY , OR WITH COMMUNITY RULES ON THE COMMON ORGANIZATION OF THE MARKETS .

SUCH INCOMPATIBILITY WOULD , HOWEVER , EXIST IF AND IN SO FAR AS THE DUTY HAD THE EFFECTS OF IMPEDING THE PROPER FUNCTIONING OF THE MACHINERY ESTABLISHED AS PART OF THE RELEVANT COMMON ORGANIZATIONS FOR THE FORMATION OF COMMON PRICES AND TO REGULATE MARKET SUPPLIES .

IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER , AND IF SO TO WHAT EXTENT , THE DUTY WHICH IT IS CALLED UPON TO CONSIDER IN FACT HAS SUCH EFFECTS .

3 . EVEN IF IT IS APPLIED TO LIVESTOCK EXPORTED ON THE HOOF WHEN THEY ARE DELIVERED FOR EXPORT , A NATIONAL DUTY DOES NOT FALL WITHIN THE PROHIBITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ON EXPORTS IF IT IS ALSO APPLIED , SYSTEMATICALLY AND IN ACCORDANCE WITH THE SAME CRITERIA , TO LIVESTOCK WHICH ARE NOT BEING EXPORTED , AT THE TIME OF THEIR DELIVERY FOR SLAUGHTER .