ddrg/super_eurlex huggingface dataset:
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1 . APPLICATION FOR A DECLARATION OF NULLITY - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - GROUP OF COMPANIES - COMMISSION DECISION ADDRESSED TO ONE COMPANY OF THE GROUP AND OF DIRECT AND INDIVIDUAL CONCERN TO ONE OF THE OTHER COMPANIES

( EEC TREATY , ART . 173 , SECOND PARA .)

2.COMPETITION - ADMINISTRATIVE PROCEDURE - BRINGING INFRINGEMENTS TO AN END - COMMISSION ' S POWER TO MAKE DECISIONS - ADOPTION OF INTERIM MEASURES - CONDITIONS

( REGULATION NO 17 OF THE COUNCIL , ART . 3 )

Summary

1 . A DECISION , WHICH WAS ADOPTED BY THE COMMISSION ON THE BASIS OF ARTICLE 85 OF THE EEC TREATY , WHICH WAS ADDRESSED TO A COMPANY INCORPORATED IN ONE OF THE MEMBER STATES AND BELONGING TO A GROUP OF COMPANIES , AND WHICH RELATED TO ITS POLICY CONCERNING DELIVERY TO ANOTHER MEMBER STATE , IS OF DIRECT AND INDIVIDUAL CONCERN TO THE COMPANY WHICH , WITHIN THAT GROUP , COORDINATES THE PRODUCTION AND SALE OF ITS PRODUCTS ON THE EUROPEAN MARKET .

2 . THE PROTECTIVE MEASURES WHICH THE COMMISSION MAY ADOPT AS INTERIM MEASURES UNDER ARTICLE 3 OF REGULATION NO 17 ARE THOSE WHICH APPEAR INDISPENSABLE IN ORDER TO PREVENT THE EXERCISE OF THE POWER TO MAKE DECISIONS GIVEN BY THAT PROVISION FROM BECOMING INEFFECTUAL OR EVEN ILLUSORY BECAUSE OF THE ACTION OF CERTAIN UNDERTAKINGS . IT FOLLOWS THAT THE INTERIM MEASURES MUST COME WITHIN THE FRAMEWORK OF THE FINAL DECISION WHICH MAY BE ADOPTED BY VIRTUE OF ARTICLE 3 .
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INTERNATIONAL AGREEMENTS - FIRST LOME CONVENTION BETWEEN THE EEC AND THE ACP STATES - PROVISIONS ON FINANCIAL AND TECHNICAL CO-OPERATION - PROCEDURE FOR AWARDING PUBLIC WORKS CONTRACTS - RESPECTIVE FUNCTIONS OF AN ACP STATE AND THE COMMISSION - POWER OF AN ACP STATE TO CONCLUDE CONTRACTS - AWARD OF A CONTRACT SUBJECT TO COMMISSION APPROVAL - DUTY OF THE COMMISSION TO ENSURE THAT JUDICIOUS USE IS MADE OF THE EUROPEAN DEVELOPMENT FUND ' S RESOURCES - LIABILITY OF THE COMMUNITY PUT IN ISSUE - WHETHER PERMISSIBLE

( EEC TREATY , ART . 178 AND SECOND PARAGRAPH OF ART . 215 ; FIRST LOME CONVENTION BETWEEN THE EEC AND THE ACP STATES OF 28 FEBRUARY 1975 )

Summary

THE PROCEDURE FOR THE AWARD OF PUBLIC WORKS CONTRACTS INTRODUCED IN CONNECTION WITH THE ARRANGEMENTS FOR FINANCIAL AND TECHNICAL COOPERATION ESTABLISHED BY THE FIRST LOME CONVENTION INVOLVES A DIVISION OF POWERS BETWEEN THE COMMISSION AND THE AUTHORITIES OF THE ACP STATE CONCERNED . THOSE AUTHORITIES ARE RESPONSIBLE FOR PREPARING , NEGOTIATING AND CONCLUDING CONTRACTS RELATING TO A PROJECT FINANCED BY THE EUROPEAN DEVELOPMENT FUND . THOSE POWERS ARE NOT CALLED IN QUESTION BY THE INTERVENTION OF REPRESENTATIVES OF THE COMMISSION WHICH HAS NOT ONLY THE RIGHT BUT ALSO THE DUTY , AS PART OF THE RESPONSI BILITIES CONFERRED UPON IT FOR THE PROPER MANAGEMENT OF THE RESOURCES OF THE EUROPEAN DEVELOPMENT FUND , TO ENSURE THAT THE APPROPRIATE PROCEDURAL RULES ARE COMPLIED WITH AND THAT THE TENDER SELECTED IS ECONOMICALLY THE MOST ADVANTAGEOUS . IN CONNECTION WITH THAT DIVISION OF POWERS , IT IS POSSIBLE THAT ACTS OR CONDUCT ATTRIBUTABLE TO THE COMMISSION MIGHT CAUSE DAMAGE TO THIRD PARTIES . FOR THAT REASON , ANY PERSON WHO CLAIMS TO HAVE BEEN INJURED BY SUCH ACTS OR CONDUCT MUST HAVE THE POSSIBILITY OF BRINGING AN ACTION FOR DAMAGES UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY .
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1 . OFFICIALS - RECRUITMENT - APPOINTMENT TO THE STARTING GRADE - EXCEPTION AUTHORIZED BY THE STAFF REGULATIONS - APPLICATION BY MEANS OF A GENERAL DECISION - DISCRETIONARY POWER OF THE ADMINISTRATION - LIMITS - NO DISCRETION ALLOWED

( STAFF REGULATIONS OF OFFICIALS , ARTS . 5 ( 3 ) AND 31 ( 2 ) ( B ))

2.MEASURES ADOPTED BY THE INSTITUTIONS - INTERNAL DIRECTIVE - RULE OF CONDUCT INDICATING THE PRACTICE TO BE FOLLOWED - LEGAL FORCE AS REGARDS THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ART . 5 ( 3 ))

Summary

1 . WHERE AN EXCEPTION , AUTHORIZED BY THE STAFF REGULATIONS , TO THE GENERAL RULE GOVERNING APPOINTMENTS IS INTRODUCED IN THE FORM OF A GENERAL DECISION ADOPTED WITHIN AN INSTITUTION , THE PRINCIPLE THAT THERE SHOULD BE NO DISCRIMINATION BETWEEN OFFICIALS IN ANY ONE CATEGORY AT THE TIME OF THEIR RECRUITMENT , LAID DOWN BY THE STAFF REGULATIONS , WOULD BE DEPRIVED OF ANY LEGAL SIGNIFICANCE IF IN SUCH A CASE THE APPOINTING AUTHORITY STILL HAD THE SAME DISCRETION AS IS CONFERRED UPON IT TO LAY DOWN EXCEPTIONS TO THE AFOREMENTIONED GENERAL RULE .

2 . THE COURT HAS HELD ON NUMEROUS OCCASIONS THAT THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN BY THE STAFF REGULATIONS IS OF FUNDAMENTAL IMPORTANCE IN THE LAW RELATING TO THE EMPLOYMENT OF COMMUNITY OFFICIALS . THUS , ALTHOUGH AN INTERNAL DIRECTIVE DOES NOT HAVE THE CHARACTER OF A RULE OF LAW WHICH THE ADMINISTRATION IS BOUND TO OBSERVE , IT NEVERTHELESS LAYS DOWN A RULE OF CONDUCT INDICATING THE PRACTICE TO BE FOLLOWED , FROM WHICH THE ADMINISTRATION MAY NOT DEPART WITHOUT GIVING THE REASONS WHICH HAVE LED IT TO DO SO , SINCE OTHERWISE THE AFORESAID PRINCIPLE WOULD BE INFRINGED .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' CASH REGISTERS ' ' WITHIN THE MEANING OF SUBHEADING 84.52 B - PRODUCT CONSISTING OF SEVERAL PARTS - CLASSIFICATION PURSUANT TO GENERAL RULE 3 ( B ) ( GOODS PUT UP IN SETS )

A PRODUCT WHICH , ON IMPORTATION , CONSISTS OF SEVERAL PARTS SEPARATELY PACKED IN ONE CARTON , NAMELY A MULTIPURPOSE ELECTRONIC DESK CALCULATOR WITH PRINT-OUT AND A 12-FIGURE LUMINOUS DISPLAY SCREEN ( WHICH IS CAPABLE OF ADDITION , MULTIPLICATION , SUBTRACTION , DIVISION , CALCULATION OF PERCENTAGES AND EXTRACTION OF ROOTS AND CALCULATIONS WITH A CONSTANT ), A LOCKABLE STEEL-PLATE CASH-BOX WITH PLASTIC TILL OR DRAWER IN WHICH CASH MAY BE KEPT AND ACCESSORIES ( ELECTRIC CABLE , DOUBLE-SHEETED ROLL OF PAPER AND DUST-COVER ), CANNOT BE REGARDED AS A FUNCTIONAL UNIT OR , THEREFORE , AS A SINGLE ARTICLE WHICH MAY BE DESCRIBED AS A CASH REGISTER WITHIN THE MEANING OF SUBHEADING 84.52 B OF THE COMMON CUSTOMS TARIFF .

Summary

THE ARTICLES WHICH TOGETHER CONSTITUTE THE PRODUCT REFERRED TO IN THE FIRST QUESTION MUST BE CONSIDERED AS GOODS PUT UP IN SETS WITHIN THE MEANING OF GENERAL RULE 3 ( B ) FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , THE TARIFF CLASSIFICATION OF WHICH IS BASED ON THE COMPONENT WHICH GIVES THEM THEIR ESSENTIAL CHARACTER .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - SPECIAL AID FOR SKIMMED MILK FOR USE AS FEED FOR ANIMALS OTHER THAN CALVES - DETAILED RULES - RESPONSIBILITY OF THE DAIRY FOR ACTIONS OF THE FARMER

( COMMISSION REGULATION ( EEC ) NO 2793/77 , ART . 5 ( 3 ) ( B ))

Summary

IN REQUIRING ANY DAIRY APPLYING FOR THE SPECIAL AID IN RESPECT OF SKIMMED MILK TO BE USED AS FEED FOR ANIMALS OTHER THAN CALVES TO ACCOMPANY ITS APPLICATION WITH A DECLARATION THAT THE DAIRY WILL REPAY OR FORGO THE SPECIAL AID IF IT IS FOUND THAT THE FARMER HAS NOT ABIDED BY AN UNDERTAKING GIVEN BY HIM , ARTICLE 5 ( 3 ) ( B ) OF REGULATION NO 2793/77 IS NOT CONTRARY TO THE GENERAL PRINCIPLES OF THE LAW OF LIABILITY RECOGNIZED BY COMMUNITY LAW .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - EXPORT REFUNDS - REFUNDS FIXED IN ADVANCE - ADJUSTMENT - DISCRETION OF THE COMMISSION

( COUNCIL REGULATION NO 876/68 , ART . 5 ( 3 ), AS AMENDED BY REGULATION NO 2732/71 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - EXPORT REFUNDS - ADVANCE FIXING - FREEDOM OF TRADERS TO CHOOSE

Summary

1 . THE PURPOSE OF THE COMMON ORGANIZATION OF THE MARKET IN MILK PRODUCTS IS NOT TO GUARANTEE THAT TRADERS MAY AT ALL TIMES EXPORT PRODUCTS ON THE MOST FAVOURABLE CONDITIONS TO EXTERNAL MARKETS . REGULATION NO 876/68 , AS SUBSEQUENTLY AMENDED BY REGULATION NO 2732/71 , LEAVES THE COMMISSION REASONABLE DISCRETION TO DETERMINE THE CIRCUMSTANCES IN WHICH IT MAKES USE OF THE POSSIBILITY OF ADJUSTING REFUNDS FIXED IN ADVANCE IN CASE OF AN ALTERATION IN THE INTERVENTION PRICES .

2.THE ORGANIZATION OF THE MARKET IN MILK , WHOSE ESSENTIAL PURPOSE IS TO STABILIZE THE INTERNAL PRICES OF THE PRODUCTS IN QUESTION , RESPECTS THE FREEDOM OF TRADERS IN THEIR TRANSACTIONS WITH NON-MEMBER COUNTRIES AS WELL AS ON THE INTERNAL MARKET . ON THE OTHER HAND IT LEAVES THEM TO BEAR THE RELEVANT BUSINESS RISKS . IN PARTICULAR , THE ORGANIZATION OF THE MARKET OFFERS EXPORTERS THE CHOICE BETWEEN PAYMENT OF REFUNDS AT THE RATE IN FORCE ON THE DAY OF EXPORTATION AND THE ADVANCE FIXING SYSTEM , WHICH IS DESIGNED TO PROVIDE CERTAINTY , AT THE TIME AT WHICH THE CONTRACT IS CONCLUDED , AS TO THE AMOUNT OF REFUNDS TO BE RECEIVED .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - APPEAL AGAINST DISMISSAL OF AN APPLICATION FOR ENFORCEMENT - OBLIGATION TO HEAR THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT - SCOPE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 40 , SECOND PARAGRAPH )

Summary

THE COURT HEARING AN APPEAL BY THE PARTY SEEKING ENFORCEMENT IS REQUIRED TO HEAR THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT , PURSUANT TO THE FIRST SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 40 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS , EVEN THOUGH ( A ) THE APPLICATION FOR AN ENFORCEMENT ORDER WAS DISMISSED SIMPLY BECAUSE DOCUMENTS WERE NOT PRODUCED AT THE APPROPRIATE TIME AND ( B ) THE ENFORCEMENT ORDER IS APPLIED FOR IN A STATE WHICH IS NOT THE STATE OF RESIDENCE OF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT .
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AID GRANTED BY STATES - COMMISSION DECISION DECLARING AID INCOMPATIBLE WITH THE COMMON MARKET - OBLIGATION OF THE MEMBER STATE CONCERNED

( EEC TREATY , ARTS 92 AND 93 )

Summary

WHERE A FORMAL DECISION HAS BEEN ADOPTED BY THE COMMISSION DECLARING AID GRANTED BY A STATE TO BE INCOMPATIBLE WITH THE COMMON MARKET , THE MEMBER STATE CONCERNED IS UNDER AN OBLIGATION TO GIVE EFFECT TO THE DECISION WITHIN THE PRESCRIBED PERIOD , BY TAKING THE MEASURES NECESSARY TO ENSURE THE FORMAL REPEAL OF THE PROVISIONS FOUND BY THE COMMISSION TO BE CONTRARY TO THE REQUIREMENTS OF ARTICLE 92 OF THE EEC TREATY .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - MEASURE ADVERSELY AFFECTING AN OFFICIAL - DECISION TO APPOINT THE SUCCESSFUL CANDIDATE IN A COMPETITION - NOT A MEASURE MERELY CONFIRMING THE SELECTION BOARD ' S DECISION - PERIOD FOR COMMENCING PROCEEDINGS - POINT FROM WHICH TIME RUNS

( STAFF REGULATIONS , ARTS 90 ( 2 ) AND 91 ( 3 ))

2 . OFFICIALS - APPLICATIONS TO THE COURT - INTEREST IN BRINGING PROCEEDINGS - CANDIDATE IN A COMPETITION - APPLICATION FOR ANNULMENT OF ANOTHER CANDIDATE ' S APPOINTMENT - ADMISSIBILITY

( STAFF REGULATIONS , ARTS 90 AND 91 )

Summary

1 . THE DECISION APPOINTING THE CANDIDATE PLACED FIRST ON THE LIST OF SUITABLE CANDIDATES CONCLUDES THE COMPETITION PROCEDURE , PRODUCES LEGAL CONSEQUENCES AND CANNOT BE REGARDED AS A MEASURE WHICH MERELY CONFIRMS THE SELECTION BOARD ' S DECISION ESTABLISHING THE LIST OF SUITABLE CANDIDATES . THEREFORE THE PERIOD FOR LODGING AN APPLICATION RUNS FROM THE DATE OF THE DECISION TO APPOINT THE CANDIDATE .

2 . A CANDIDATE ADMITTED TO A COMPETITION MAY BRING AN ACTION CONTESTING A DECISION APPOINTING ANOTHER CANDIDATE TO THE POST TO BE FILLED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PRIVATE STORAGE AID - DEPOSIT SYSTEM - DEPOSIT WRONGLY RELEASED - RECOVERY OF DEPOSIT OR IMPOSITION OF PECUNIARY PENALTIES OF AN EQUIVALENT AMOUNT - NOT POSSIBLE

( COMMISSION REGULATION NO 1071/68 , ART . 4 )

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PRIVATE STORAGE AID - DEPOSIT WRONGLY RELEASED - NATIONAL LEGISLATION ALLOWING RECOVERY - INCOMPATIBILITY WITH COMMUNITY LAW - FRAUDULANT PRACTICES ON THE PART OF TRADERS - DUTY OF MEMBER STATES TO TAKE PROCEEDINGS AGAINST THEM

Summary

1 . ARTICLE 4 OF REGULATION NO 1071/68 OF THE COMMISSION OF 25 JULY 1968 LAYING DOWN DETAILED RULES FOR GRANTING PRIVATE STORAGE AID FOR BEEF AND VEAL DOES NOT AUTHORIZE NATIONAL INTERVENTION AGENCIES AFTER THE EXPIRY OF THE PERIOD OF STORAGE , TO RECOVER DEPOSITS WHICH HAVE BEEN WRONGLY RELEASED OR TO IMPOSE ON TRADERS PECUNIARY PENALTIES EQUAL TO THE AMOUNT OF THE DEPOSITS RELEASED .

2.NATIONAL LEGISLATION UNDER WHICH IT IS POSSIBLE TO REVOKE A WRONGFUL DECISION RELEASING A DEPOSIT AND TO RECLAIM THE AMOUNT OF THE DEPOSIT AFTER THE PERIOD OF STORAGE HAS EXPIRED IS INCOMPATIBLE WITH COMMUNITY LAW ; HOWEVER , THAT CIRUCUMSTANCE DOES NOT AFFECT THE RIGHT AND THE DUTY OF THE NATIONAL AUTHORITIES TO TAKE PROCEEDINGS , IN ACCORDANCE WITH NATIONAL LAW , AGAINST A TRADER WHO HAS OBTAINED THE RELEASE OF THE DEPOSIT BY FRAUDULENT MEANS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - PROHIBITION - SCOPE - MEASURES DIFFERENTIATED ACCORDING TO REGIONS OF THE COMMUNITY - WHETHER PERMISSIBLE - OBJECTIVE CRITERIA

( EEC TREATY , ARTS 7 AND 40 ( 3 ), SECOND SUBPARAGRAPH )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - PRODUCTION LEVY - CALCULATION - CONSIDERATION OF LOSSES RESULTING FROM DISPOSAL - CONCEPT OF DISPOSAL

( REGULATION ( EEC ) NO 3330/74 OF THE COUNCIL , ART . 27 ( 2 ); REGULATION ( EEC ) NO 700/73 OF THE COMMISSION , ART . 7 ( 2 ); COMMISSION REGULATION ( EEC ) NO 3358/81 , ART . 1 )

Summary

1 . UNDER THE PRINCIPLE OF NON-DISCRIMINATION BETWEEN COMMUNITY PRODUCERS OR CONSUMERS , WHICH IS ENSHRINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY AND WHICH INCLUDES THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 7 OF THE EEC TREATY , COMPARABLE SITUATIONS MUST NOT BE TREATED DIFFERENTLY AND DIFFERENT SITUATIONS MUST NOT BE TREATED IN THE SAME WAY UNLESS SUCH TREATMENT IS OBJECTIVELY JUSTIFIED . IT FOLLOWS THAT THE VARIOUS ELEMENTS IN THE COMMON ORGANIZATION OF THE MARKETS , SUCH AS PROTECTIVE MEASURES , SUBSIDIES , AID AND SO ON , MAY NOT BE DIFFERENTIATED ACCORDING TO REGION OR ACCORDING TO OTHER FACTORS AFFECTING PRODUCTION OR CONSUMPTION EXCEPT BY REFERENCE TO OBJECTIVE CRITERIA WHICH ENSURE A PROPORTIONATE DIVISION OF THE ADVANTAGES AND DISADVANTAGES FOR THOSE CONCERNED WITHOUT DISTINCTION BETWEEN THE TERRITORIES OF THE MEMBER STATES .

2 . THE FACTORS TAKEN INTO ACCOUNT IN THE CALCULATION OF THE SUGAR PRODUCTION LEVY FOR A GIVEN MARKETING YEAR INCLUDE THE LOSSES RESULTING FROM DISPOSAL OF B QUOTA SUGAR ON THE WORLD MARKET . SINCE NEITHER REGULATION NO 3330/74 NOR REGULATION NO 700/73 DEFINES THE CONCEPT OF DISPOSAL , IT WAS PERMISSIBLE FOR THE COMMISSION , WHEN FIXING THE AMOUNT OF THE LEVY IN REGULATION NO 3358/81 , TO QUANTIFY THE VOLUME OF EXPORTS ON THE BASIS OF THE INFORMATION DERIVED FROM EXPORT LICENCES , WHICH IMPOSE AN OBLIGATION ON THE LICENSEES TO CARRY OUT THE OPERATIONS IN QUESTION , SUBJECT TO THE PROVISION OF SECURITY , RATHER THAN ACTUAL EXPORTS , WHICH ARE DIFFICULT TO BRING INTO ACCOUNT OWING TO THE PRACTICES PURSUED BY THE NATIONAL AUTHORITIES .
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - APPEAL AGAINST A DECISION AUTHORIZING ENFORCEMET - POSSIBILITY FOR THE COURT WITH WHICH AN APPEAL HAS BEEN LODGED OF MAKING ENFORCEMENT CONDITIONAL ON THE PROVISION OF SECURITY - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 38 , SECOND PARAGRAPH )

2.CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - REMEDIES - APPEAL IN CASSATION AND RECHTSBESCHWERDE - JUDGMENTS CONTESTABLE BY AN APPEAL IN CASSATION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 37 , SECOND PARAGRAPH )

Summary

1 . THE SECOND PARAGRAPH OF ARTICLE 38 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 A COURT WITH WHICH AN APPEAL HAS BEEN LODGED AGAINST A DECISION AUTHORIZING ENFORCEMNT , GIVEN PURSUANT TO THE CONVENTION , MAY MAKE ENFORCEMENT CONDITIONAL ON THE PROVISION OF SECURITY ONLY WHEN IT GIVES JUDGMENT ON THE APPEAL .

2 . THE SECOND PARAGRAPH OF ARTICLE 37 OF THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE INTERPRETED AS MEANING THAT AN APPEAL IN CASSATION AND , IN THE FEDERAL REPUBLIC OF GERMANY , A RECHTSBESCHWERDE MAY BE LODGED ONLY AGAINST THE JUDGMENT GIVEN ON THE APPEAL LODGED PURSUANT TO ARTICLE 36 .
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SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - SCOPE - TRANSFER OF AN UNDERTAKING IN LIQUIDATION - EXCLUDED - TRANSFER OF AN UNDERTAKING IN THE COURSE OF A PROCEDURE IN WHICH THE COURT GRANTS LEAVE TO SUSPEND THE PAYMENT OF DEBTS - INCLUDED

( COUNCIL DIRECTIVE NO 77/187 , ART . 1 ( 1 ))

Summary

ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE NO 77/187 DOES NOT APPLY TO THE TRANSFER OF AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS WHERE THE TRANSFEROR HAS BEEN ADJUDGED INSOLVENT AND THE UNDERTAKING OR BUSINESS IN QUESTION FORMS PART OF THE ASSETS OF THE INSOLVENT TRANSFEROR , ALTHOUGH THE MEMBER STATES ARE AT LIBERTY TO APPLY THE PRINCIPLES OF THE DIRECTIVE TO SUCH A TRANSFER ON THEIR OWN INITIATIVE . THE DIRECTIVE DOES , HOWEVER , APPLY WHERE AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS IS TRANSFERRED TO ANOTHER EMPLOYER IN THE COURSE OF A PROCEDURE SUCH AS THE ' SURSEANCE VAN BETALING ' ( JUDICIAL LEAVE TO SUSPEND PAYMENT OF DEBTS ) AVAILABLE UNDER NETHERLANDS LAW .
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1 . COMPETITION - COMMUNITY RULES - OBLIGATIONS OF THE MEMBER STATES

( EEC TREATY , ART . 5 , SECOND PARA , AND ART . 85 ( 1 ))

2 . COMPETITION - COMMUNITY RULES - NATIONAL RULES ON FUEL PRICES - COMPATIBILITY

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

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICE CONTROL - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 30 )

4 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES ON FUEL PRICES - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

Summary

1 . ALTHOUGH THE RULES LAID DOWN IN ARTICLE 85 ( 1 ) OF THE TREATY ARE CONCERNED WITH THE CONDUCT OF UNDERTAKINGS AND NOT WITH THE NATIONAL LEGISLATION OF MEMBER STATES , THE LATTER ARE NONE THE LESS OBLIGED UNDER THE SECOND PARAGRAPH OF ARTICLE 5 OF THE TREATY NOT TO DETRACT , BY MEANS OF NATIONAL LEGISLATION , FROM THE FULL AND UNIFORM APPLICATION OF COMMUNITY LAW OR FROM THE EFFECTIVENESS OF ITS IMPLEMENTING MEASURES ; NOR MAY THEY INTRODUCE OR MAINTAIN IN FORCE MEASURES , EVEN OF A LEGISLATIVE NATURE , WHICH MAY RENDER INEFFECTIVE THE COMPETITION RULES APPLICABLE TO UNDERTAKINGS .

2 . 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 .

3 . SYSTEMS OF PRICE CONTROL WHICH APPLY TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE DO NOT IN THEMSELVES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION BUT MAY HAVE SUCH AN EFFECT WHEN THE PRICES ARE FIXED AT A LEVEL SUCH THAT IMPORTED PRODUCTS ARE PLACED AT A DISADVANTAGE COMPARED TO IDENTICAL DOMESTIC PRODUCTS , EITHER BECAUSE THEY CANNOT PROFITABLY BE MARKETED ON THE CONDITIONS LAID DOWN OR BECAUSE THE COMPETITIVE ADVANTAGE CONFERRED BY LOWER COST PRICES IS CANCELLED OUT .

4 . 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 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - PURPOSE - CONCEPT OF EXPATRIATION

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ))

2 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN - SCOPE

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ))

Summary

1 . THE OBJECT OF THE EXPATRIATION ALLOWANCE IS TO COMPENSATE OFFICIALS FOR THE EXTRA EXPENSE AND INCONVENIENCE OF TAKING UP EMPLOYMENT WITH THE COMMUNITIES AND BEING THEREBY OBLIGED TO CHANGE THEIR RESIDENCE AND MOVE TO THE COUNTRY OF EMPLOYMENT . MOREOVER , THE CONCEPT OF EXPATRIATION ALSO DEPENDS ON THE PERSONAL POSITION OF AN OFFICIAL , THAT IS TO SAY THE EXTENT TO WHICH HE IS INTEGRATED IN HIS NEW ENVIRONMENT , WHICH IS DEMONSTRATED , FOR EXAMPLE , BY HABITUAL RESIDENCE OR BY THE MAIN OCCUPATION PURSUED .

2 . THE PRINCIPLE OF EQUAL TREATMENT IMPLIES THAT BOTH MEN AND WOMEN MUST BE AFFORDED IDENTICAL WORKING CONDITIONS WITHOUT DISCRIMINATION BUT IT CANNOT REQUIRE AN INSTITUTION TO INTERPRET THE PROVISIONS OF THE STAFF REGULATIONS RELATING TO THE EXPATRIATION ALLOWANCE IN A DIFFERENT MANNER IN ORDER TO OFFSET ANY DOMESTIC OR SOCIAL EXPENSES OR OBLIGATIONS .
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1 . OFFICIALS - ACTIONS - MEASURE ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - SALARY STATEMENT APPLYING THE RULES IN FORCE CONCERNING REMUNERATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PURPOSE - ANNULMENT AND/OR DAMAGES

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . A SALARY STATEMENT DRAWN UP BY AN INSTITUTION AND ISSUED TO AN OFFICIAL MAY CONSTITUTE A MEASURE ADVERSELY AFFECTING AN OFFICIAL AND MAY BE THE SUBJECT OF A COMPLAINT AND , IF NECESSARY , AN ACTION ; THE FACT THAT THE INSTITUTION CONCERNED IS ONLY APPLYING THE REGULATIONS IN FORCE CONCERNING REMUNERATION IS IRRELEVANT IN THAT RESPECT .

2 . ANY DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS EMPLOYED IS PURSUED , WHERE IT ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION , UNDER ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS . IT FOLLOWS THAT BOTH A CLAIM FOR ANNULMENT AND A CLAIM FOR DAMAGES MAY BE SUBMITTED , PROVIDED THAT THE CONDITIONS LAID DOWN BY THE STAFF REGULATIONS , IN PARTICULAR THE CONDITION THAT A FORMAL COMPLAINT MUST BE LODGED BEFOREHAND , ARE SATISFIED IN ALL CASES .