ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - RECRUITMENT - MANDATORY RECONCILLIATION OF THE CONCEPTS OF COMPETITION AND OF SELECTION - LIMITS OF THE ADMINISTRATION'S POWERS OF ASSESSMENT

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLES 29 AND 30 )

2 . OFFICIALS - RECRUITMENT - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, TITLE III, CHAPTER I )

Summary

1 . IN THE RECRUITMENT OF OFFICIALS THE ADMINISTRATION IS OBLIGED TO RECONCILE THE CONCEPTS OF COMPETITION AND SELECTION RESULTING FROM THE COMBINED PROVISIONS OF ARTICLES 29 AND 30 OF THE STAFF REGULATIONS . ALTHOUGH THE ADMINISTRATION IS ENTITLED IN MAKING ITS SELECTIONS TO IGNORE THE PRECISE ORDER OF MERIT IN THE COMPETITION FOR REASONS WHICH IT IS INCUMBENT UPON THE ADMINISTRATION TO EVALUATE AND JUSTIFY BEFORE THE COURT, NEVERTHELESS IT MAY NOT DESTROY THE VERY CONCEPT OF COMPETITION BY DEPARTING SUBSTANTIALLY FROM THE RESULT OF THE COMPETITION WITHOUT SERIOUS REASONS .

2 . AS THE COURT'S REVIEW IS LIMITED TO EXAMINING THE WAYS AND MEANS WHICH MAY HAVE LED TO THE EVALUATION MADE BY THE APPOINTING AUTHORITY, THE COURT CANNOT ENCROACH UPON THE PREROGATIVES OF THE APPOINTING AUTHORITY BY ADDRESSING TO IT INSTRUCTIONS CAPABLE OF DETERMINING ITS CHOICE .
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MEASURES ADOPTED BY AN INSTITUTION - DECISION - CONSTITUENT ELEMENTS

( ECSC TREATY, ARTICLE 14 )

Summary

CF . PARA . 1(A ), SUMMARY, JOINED CASES 23, 24 AND 52/63, ( 1963 ) ECR 217 .

A MEASURE WHICH SATISFIES THE FUNDAMENTAL CONDITIONS UNDERLYING THE CONCEPT OF A DECISION WITHIN THE MEANING OF THE TREATY RETAINS THE CHARACTER OF A DECISION EVEN THOUGH IT FAILS TO COMPLY WITH SOME INESSENTIAL REQUIREMENT OF FORM LAID DOWN BY THE HIGH AUTHORITY FOR THE IDENTIFICATION OF ITS DECISIONS .

*/ 663J0023 /*.
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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - BENEFITS - AGGREGATION AND PROPORTIONAL CALCULATION - CALCULATION OF A BENEFIT PAYABLE UNDER THE LEGISLATION OF A SINGLE MEMBER STATE BY MEANS OF AGGREGATION AND PROPORTIONAL CALCULATION - NOT PERMISSIBLE

( EEC TREATY, ARTICLE 51; REGULATION NO 3, ARTICLES 27 AND 28 )

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD AGE AND DEATH ( PENSIONS ) INSURANCE - PENSION RIGHTS RELATING TO SEPARATE PERIODS - ABSENCE OF IMPROPER ACCUMULATION

( EEC TREATY, ARTICLE 51; REGULATION NO 3, ARTICLES 27 AND 28 )

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - SYSTEM PROVIDED FOR BY REGULATION NO 3 - RETENTION OF SEPARATE NATIONAL SYSTEMS AND OF SEPARATE CLAIMS - OBSERVANCE OF THIS SYSTEM BY THE COMPETENT INSTITUTIONS OF THE MEMBER STATES

Summary

1 . WHEN IN ONE MEMBER STATE THE RIGHT TO BENEFIT ARISES WITHOUT ITS BEING NECESSARY TO REFER TO PERIODS COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES, THE COMPETENT INSTITUTION OF THE FIRST STATE IS NOT EMPOWERED TO APPLY ARTICLES 27 AND 28 OF REGULATION NO 3 IN ORDER TO REDUCE THE BENEFIT WHICH IT IS OBLIGED TO PAY BY VIRTUE OF ITS OWN LEGISLATION, AT LEAST IN SO FAR AS THAT BENEFIT DOES NOT RELATE TO PERIODS WHICH HAVE ALREADY BEEN TAKEN INTO ACCOUNT IN THE CALCULATION OF THE AMOUNT OF THE BENEFIT PAID BY THE COMPETENT INSTITUTION OF ANOTHER STATE .

2 . THE ACCUMULATION OF A BENEFIT PAYABLE IN ONE STATE UNDER NATIONAL LEGISLATION ALONE WITH A BENEFIT PAYABLE IN ANOTHER STATE OWING TO THE EFFECT OF AGGREGATION DOES NOT CONSTITUTE AN ADVANTAGE CONTRARY TO COMMUNITY RULES AS LONG AS THE PERIODS IN RESPECT OF WHICH THESE PAYMENTS ARE DUE DO NOT OVERLAP .

3 . AS REGULATION NO 3 HAS ALLOWED THE CONTINUANCE OF SEPARATE SYSTEMS CREATING SEPARATE CLAIMS AGAINST SEPARATE INSTITUTIONS, THE INSTITUTION OF ONE STATE CANNOT IPSO FACTO BE JUSTIFIED IN RELYING ON THE CHARGE WHICH COMMUNITY LAW IMPOSES ON THE INSTITUTION OF ANOTHER STATE IN ORDER TO REDUCE THE CHARGE WHICH ITS OWN LEGISLATION IMPOSES UPON IT .
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1 . PROCEDURE - PERIODS PRESCRIBED FOR INSTITUTING PROCEEDINGS - LEGAL NATURE

2 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION FOR DAMAGES - CLOSE CONNEXION BETWEEN THE TWO - INADMISSIBILITY OF APPLICATION FOR ANNULMENT BRINGING WITH IT INADMISSIBILITY OF APPLICATION FOR DAMAGES

Summary

1 . THE PERIODS PRESCRIBED FOR INSTITUTING PROCEEDINGS ARE MANDATORY IN NATURE AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT .

2 . THE INADMISSIBILITY OF A REQUEST FOR ANNULMENT BRINGS WITH IT THE INADMISSIBILITY OF A CLAIM FOR DAMAGES WITH WHICH IT IS CLOSELY CONNECTED .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE MARKET - VITICULTURAL LAND REGISTER - PREPARATION - OBLIGATION OF THE MEMBER STATES

( REGULATION NO 24 OF THE COUNCIL ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN WINE, ARTICLE 1; REGULATION NO 92/63/EEC OF THE COUNCIL AMENDING ARTICLE 1 OF REGULATION NO 24 )

Summary

ARTICLE 1 OF REGULATION NO 24 AND REGULATION NO 92/63/EEC MUST BE INTERPRETED AS MEANING THAT MEMBER STATES WERE REQUIRED WITHIN THE PERIOD LAID DOWN BY THOSE PROVISIONS TO PREPARE A VITICULTURAL LAND REGISTER CAPABLE OF FULFILLING ITS PURPOSE IN ACCORDANCE WITH THE CRITERIA LAID DOWN BY REGULATION NO 24 .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS ENTITLED TO BENEFIT - CONCEPT

( REGULATION NO 3, ARTICLE 4 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE FOR AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT - CONNEXION BETWEEN THE INJURY SUSTAINED BY THE WORKER AND HIS PROFESSIONAL OR TRADE ACTIVITY NOT REQUIRED

( REGULATION NO 3, ARTICLE 52 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE FOR INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT - LEGAL PROCEEDINGS BEFORE THE NATIONAL COURT OF THAT INSTITUTION - CONFORMITY WITH THE APPLICATION OF ARTICLE 52 OF REGULATION NO 3 .

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFIT PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE IN RESPECT OF AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER STATE - PURPOSE OF ARTICLE 52 OF REGULATION NO 3 - DIRECT APPLICATION OF THE FIRST PARAGRAPH OF THAT ARTICLE - BILATERAL AGREEMENTS WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 52 - FUNCTION

Summary

1 . REGULATION NO 3 IS APPLICABLE TO ANY WAGE - EARNER OR ASSIMILATED WORKER WHO FINDS HIMSELF IN ONE OF THE SITUATIONS INVOLVING INTERNATIONAL ELEMENTS AS PROVIDED FOR IN THE SAID REGULATION, AS WELL AS TO HIS SURVIVORS .

2 . THE PROVISIONS OF ARTICLE 52 OF REGULATION NO 3 ARE APPLICABLE EVEN WHEN THE INJURY SUSTAINED BY THE WORKER HAS NO CONNEXION WITH HIS PROFESSIONAL OR TRADE ACTIVITY .

3 . ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS ALSO APPLICABLE TO CASES IN WHICH THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT COMMENCES PROCEEDINGS BEFORE ITS NATIONAL COURT .

4 . THE OBJECT OF ARTICLE 52 IS TO SECURE THE RECOGNITION BY EACH MEMBER STATE OF ANY RIGHT OF ACTION PURSUED BY THE OTHERS IN FAVOUR OF THE INSTITUTION LIABLE FOR PAYMENT OF BENEFIT ACTING AGAINST THE THIRD PARTY LIABLE, EITHER BY MEANS OF SUBROGATION OR ANY OTHER LEGAL METHOD .

THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 52 ARE WORDED IN PEREMPTORY TERMS AND ARE CAPABLE OF DIRECT APPLICATION . THE SOLE FUNCTION OF BILATERAL AGREEMENTS AS REFERRED TO IN THE SECOND PARAGRAPH OF THAT ARTICLE IS TO PROVIDE FOR THEIR IMPLEMENTATION, WHERE NECESSARY, WITHOUT HOWEVER RENDERING THE DIRECT EFFECT OF THE PROVISION IN QUESTION SUBORDINATE TO THEM .
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1 . EEC POLICY - AIDS GRANTED BY MEMBER STATES OR THROUGH STATE RESOURCES - GENERAL EVALUATION BY THE COMMISSION

( EEC TREATY, ARTICLES 92 AND 93 )

2 . EEC POLICY - AIDS GRANTED BY MEMBER STATES OR THROUGH STATE RESOURCES - METHOD OF FINANCING - TAXATION - ARTICLE 95 OF THE TREATY - ARTICLES 92 AND 93 OF THE TREATY

3 . EEC POLICY - AIDS GRANTED BY MEMBER STATES OR THROUGH STATE RESOURCES - DIRECT AND INDIRECT AID - METHOD OF FINANCING - CONNEXION BETWEEN METHOD OF FINANCING AND AID

4 . EEC POLICY - AIDS GRANTED BY MEMBER STATES OR THROUGH STATE RESOURCES - METHOD OF FINANCING - QUASI-FISCAL CHARGE

Summary

1 . IN ORDER TO DETERMINE WHETHER AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES IS INCOMPATIBLE WITH THE COMMON MARKET WITHIN THE MEANING OF ARTICLE 92 ( 1 ) AND ( 3 ), OR WHETHER IT IS BEING MISUSED, IT IS NECESSARY TO CONSIDER ALL THE LEGAL AND FACTUAL CIRCUMSTANCES SURROUNDING THAT AID, IN PARTICULAR WHETHER THERE IS AN IMBALANCE BETWEEN THE CHARGES IMPOSED ON THE UNDERTAKINGS OR PRODUCERS CONCERNED ON THE ONE HAND AND THE BENEFITS DERIVED FROM THE AID IN QUESTION ON THE OTHER .

2 . SINCE ARTICLE 92 AND 93 ON THE ONE HAND AND ARTICLE 95 ON THE OTHER HAVE DIFFERENT AIMS, THE FACT THAT A NATIONAL MEASURE SATISFIES THE REQUIREMENTS OF ARTICLE 95 DOES NOT IMPLY THAT IT IS VALID IN RELATION TO OTHER PROVISIONS SUCH AS THOSE OF ARTICLES 92 AND 93 . WHEN AN AID IS FINANCED BY TAXATION OF CERTAIN UNDERTAKINGS OR PRODUCERS, THE COMMISSION IS REQUIRED TO CONSIDER NOT ONLY WHETHER THE METHOD BY WHICH IT IS FINANCED COMPLIES WITH ARTICLE 95 OF THE TREATY BUT ALSO WHETHER, IN CONJUNCTION WITH THE AID WHICH IT SERVICES, IT IS COMPATIBLE WITH THE REQUIREMENTS OF ARTICLES 92 AND 93 .

3 . IN ITS APPRAISAL THE COMMISSION MUST TAKE INTO CONSIDERATION ALL THOSE FACTORS WHICH DIRECTLY OR INDIRECTLY CHARACTERIZE NOT ONLY AID, PROPERLY SO-CALLED, FOR SELECTED NATIONAL ACTIVITIES BUT ALSO THE INDIRECT AID WHICH MAY BE CONSTITUTED BOTH BY THE METHOD OF FINANCING AND BY THE CLOSE CONNEXION WHICH MAKES THE AMOUNT OF THE AID DEPENDENT UPON THE REVENUE FROM THE CHARGE .

IT MAY BE THAT AN AID PROPERLY SO-CALLED CAN BE ACKNOWLEDGED AS PERMISSIBLE BUT THAT THE DISTURBANCE WHICH IT CREATES IS INCREASED BY THE METHOD OF FINANCING IT WHICH WOULD RENDER THE SCHEME AS A WHOLE INCOMPATIBLE WITH A SINGLE MARKET AND THE COMMON INTEREST .

4 . A SYSTEM WHEREBY AN AID IS SERVICED BY A CHARGE DESIGNED FOR THAT PURPOSE LEADS TO A SYSTEM OF PERMANENT AIDS, THE AMOUNT OF WHICH IS UNFORESEEABLE AND DIFFICULT TO REVIEW . IF THIS SYSTEM WERE TO BECOME GENERAL IT WOULD HAVE THE EFFECT OF OPENING A LOOPHOLE IN ARTICLE 92 OF THE TREATY AND OF REDUCING THE COMMISSION' S POSSIBILITIES OF KEEPING IT UNDER CONSTANT REVIEW .
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1 . TAX PROVISIONS - INTERNAL TAXATION - DOMESTIC PRODUCTS AND IMPORTED PRODUCTS - IDENTICAL RATE - STAGE OF PROCESSING OF THE PRODUCTS - DIFFERENTIAL BASIS - DISCRIMINATION

( EEC TREATY, ARTICLE 95 )

2 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - LIABILITY - EXTENT - CONSTITUTIONALLY INDEPENDENT INSTITUTIONS

( EEC TREATY, ARTICLE 169 )

Summary

1 . A SINGLE FLAT-RATE TRANSFERENCE DUTY WHICH IS IMPOSED ON NATIONAL PRODUCTS AND IMPORTED PRODUCTS AT THE SAME RATE, BUT HAS THE EFFECT, BY REASON OF THE DIFFERENT BASIS ON WHICH IT IS APPLIED, OF TAXING IMPORTED PRODUCTS IF THEY HAVE BEEN SUBJECTED TO PROCESSING, MORE HEAVILY THAN NATIONAL PRODUCTS AT A SIMILAR STAGE OF PROCESSING, IS OF A DISCRIMINATORY NATURE AND IS CONTRARY TO THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY .

2 . THE LIABILITY OF A MEMBER STATE UNDER ARTICLE 169 ARISES WHATEVER THE AGENCY OF THE STATE WHOSE ACTION OR INACTION IS THE CAUSE OF THE FAILURE TO FULFIL ITS OBLIGATIONS EVEN IN THE CASE OF A CONSTITUTIONALLY INDEPENDENT INSTITUTION .
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1 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - GENERAL DECISION TAKEN WITH THE ASSENT OF THE COUNCIL - RECOMMENDATIONS FORMULATED IN THE ASSENT WITHOUT EFFECT ON THE ASSESSMENT OF THE POWERS PROVIDED FOR IN THE DECISION

( ECSC TREATY, ARTICLE 53 )

2 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - NORMAL DISADVANTAGES - ABSENCE OF DAMAGE

( ECSC TREATY, ARTICLE 40, ARTICLE 53 )

3 . LIABILITY OF THE ECSC - WRONGFUL ACT OR OMISSION - EXISTENCE OF FRAUDS - FAILURE OF THE ADMINISTRATION IN ITS DUTY OF SUPERVISION - INSUFFICIENT PROOF

( ECSC TREATY, ARTICLE 40 )

Summary

1 . THE RECOMMENDATIONS DRAWN UP BY THE COUNCIL UPON THE GIVING OF AN ASSENT CANNOT HAVE THE EFFECT OF RESTRICTING OR MODIFYING THE EXPRESS POWERS CONFERRED BY THE DECISION WHICH IS THE SUBJECT OF THAT ASSENT .

THE LEGALITY OF DECISIONS TAKEN IN IMPLEMENTATION OF A GENERAL DECISION WHICH HAS BEEN THE SUBJECT OF AN ASSENT CAN THEREFORE BE EXAMINED ONLY ON THE BASIS OF THE ACTUAL PROVISIONS OF THAT GENERAL DECISION .

2 . THE INEVITABLE AND INHERENT DISADVANTAGES IN THE EQUALIZATION SCHEME WHICH, OF ITS NATURE, NECESSITATES A POSTERIORI CALCULATIONS FOR THE FIXING OF THE RATE DO NOT CONSTITUTE DAMAGE GIVING A RIGHT TO COMPENSATION .

3 . THE EXISTENCE OF FRAUDS DOES NOT ALONE SUFFICE TO PROVE THAT THE ADMINISTRATION HAS FAILED IN ITS DUTY OF SUPERVISION AND CONSEQUENTLY IS GUILTY OF A WRONGFUL ACT OR OMISSION .
Judgment of the Court (Second Chamber) of 25 June 1970. - Raymond Elz v Commission of the European Communities. - Case 58-69.



European Court reports 1970 Page 00507

Greek special edition Page 00359



Parties

Subject of the case

Grounds

Decision on costs

Operative part



Parties

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IN CASE 58/69

RAYMOND ELZ, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, RESIDING AT 24, RUE BELLE-VUE, LUXEMBOURG-HOWALD, REPRESENTED BY PAUL BEGHIN, ADVOCATE AT THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF PAUL BEGHIN, 9, AVENUE DE LA GARE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, PIERRE LAMOUREUX, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF ITS LEGAL ADVISER, EMILE REUTER, 4, BOULEVARD ROYAL, DEFENDANT,

Subject of the case

APPLICATION FOR THE PARTIAL ANNULMENT AND THE RECTIFICATION OF THE PERIODIC REPORT OF 31 MAY 1968 CONCERNING THE APPLICANT,

Grounds

ADMISSIBILITY OF THE APPLICATION

1 THE DEFENDANT MAINTAINS THAT THE APPLICATION, WHICH WAS LODGED AT THE COURT REGISTRY ON 8 OCTOBER 1969, WAS FILED OUT OF TIME BECAUSE THE PERIOD STARTED TO RUN WITH THE COMMUNICATION TO THE APPLICANT ON 31 MAY 1968 OF THE PERIODIC REPORT OF 22 MAY 1968 .

2 THE APPLICANT REPLIES THAT THE PERIOD FOR LODGING THE APPLICATION BEGAN TO RUN ON THE DATE, OF THE JUDGMENT GIVEN BY THE COURT ( FIRST CHAMBER ) ON 25 FEBRUARY 1969 IN CASE 15/68, AS THAT JUDGMENT CONSTITUTED A FRESH FACTOR WITH REGARD TO HIM .

3 THAT JUDGMENT DISMISSED AS INADMISSIBLE AN APPLICATION BROUGHT BY THE SAME APPLICANT ON 25 JULY 1968 AGAINST A PERIODIC REPORT OF 15 JANUARY 1968, ON THE GROUND THAT THE COMMISSION HAD REPLACED THAT MEASURE BY AN AMENDED REPORT ON 22 MAY 1968 .

4 THAT JUDGMENT MERELY STATED THE SITUATION WHICH EXISTED WHEN THE FIRST APPLICATION WAS LODGED, BY DECLARING THAT THE AMENDED REPORT COULD BE USED AGAINST THE APPLICANT .

5 THEREFORE THE JUDGMENT OF 25 FEBRUARY 1969 CANNOT CONSTITUTE A FACTOR WHICH COULD START RUNNING IN THE APPLICANT' S FAVOUR A NEW PERIOD FOR LODGING AN APPLICATION AGAINST THE REPORT OF 22 MAY 1968 .

6 AS THIS REPORT HAD BEEN COMMUNICATED TO THE APPLICANT ON 31 MAY 1968, THE PERIOD OF THREE MONTHS AVAILABLE TO HIM UNDER ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS HAD ALREADY EXPIRED BEFORE THIS APPEAL WAS LODGED .

7 THE MEMORANDUM OF 8 JULY 1969 WHEREBY THE PRESIDENT OF THE COMMISSION SIMPLY CONFIRMED THE PERIODIC REPORT IN QUESTION FOLLOWING A COMPLAINT BY THE APPLICANT THROUGH OFFICIAL CHANNELS CANNOT CONSTITUTE A MEASURE AGAINST WHICH AN APPLICATION CAN BE MADE .

8 THEREFORE THIS APPLICATION MUST BE DISMISSED AS INADMISSIBLE .

Decision on costs

9 THE APPLICANT' S APPLICATION HAS BEEN UNSUCCESSFUL .

10 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

11 HOWEVER, UNDER ARTICLE 70 OF THOSE RULES INSTITUTIONS SHALL BEAR THEIR OWN COSTS IN PROCEEDINGS BROUGHT AGAINST THEM BY SERVANTS OF THE COMMUNITIES .

Operative part

THE COURT ( SECOND CHAMBER )

HEREBY :

1 . DISMISSES APPLICATION 58/69 AS INADMISSIBLE;

2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .
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AGRICULTURE - COMMON AGRICULTURAL POLICY - LEVIES AND REFUNDS - ADVANCE FIXING - CANCELLATION IN THE CASE OF AN ALTERATION OF THE UNIT OF ACCOUNT - CONDITIONS

( REGULATION NO 1134/68 OF THE COUNCIL, ARTICLE 7 )

Summary

THE SECOND PARAGRAPH OF ARTICLE 7 OF REGULATION NO 1134/68 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 30 JULY 1968 MUST BE INTERPRETED AS MEANING THAT CANCELLATION OF AN ADVANCE FIXING OF LEVIES OR REFUNDS MAY RELATE TO THE BALANCE OF THE QUOTA STILL OUTSTANDING AT THE DATE WHEN THE APPLICATION IS MADE, BUT ONLY TO SUCH BALANCE IN ITS ENTIRETY, AND MAY NOT RELATE TO AMOUNTS PREVIOUSLY IMPORTED OR EXPORTED .
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1 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - FUNCTIONING - EQUALITY OF TREATMENT OF CONTRIBUTORS - OBLIGATIONS OF THE COMMISSION

( ECSC TREATY, ARTICLE 53 )

2 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - CONTRIBUTIONS - LIMITATION PERIOD - INCONTESTABILITY UNTIL CLOSURE OF THE FINAL ACCOUNT

( EEC TREATY, ARTICLE 53 )

Summary

1 . IN THE COMMON FINANCIAL ARRANGEMENTS RELATING TO THE EQUALIZATION OF FERROUS SCRAP, WHICH ARE BASED ON A STRICT INTERDEPENDENCE OF THE PAYMENTS MADE BY EACH OF THE PARTICIPANTS, ABOVE ALL EQUALITY OF TREATMENT BETWEEN CONTRIBUTORS MUST BE ENSURED BY ELIMINATING ALL POSSIBILITY OF DISCRIMINATION BETWEEN THEM .

THE COMMISSION THEREFORE HAS THE RIGHT AND THE DUTY, IN THE VERY INTEREST OF THE CONTRIBUTORS, TO SEE THAT THIS SCHEME ALWAYS OPERATES ON JUST PRINCIPLES, WHICH ARE BOTH LEGALLY AND FACTUALLY SOUND .

2 . THE ABSENCE OF PROVISIONS RELATING TO THE BARRING BY TIME OF THE POWERS OF ORGANIZATIONS COMPETENT TO DRAW UP ESTIMATES ON THEIR OWN AUTHORITY OF THE QUANTITIES AND PERIODS FOR WHICH UNDERTAKINGS ARE SUBJECT TO THE DUTY TO CONTRIBUTE TO THE EQUALIZATION SCHEME IS EXPLAINED BY THE DESIRE OF THE LEGISLATURE THAT IN THIS RESPECT THE PRINCIPLE OF DISTRIBUTIVE JUSTICE SHOULD PREVAIL OVER THAT OF LEGAL CERTAINTY .

IN FACT, THE VERY OPERATION OF THIS SCHEME IMPLIES THAT THE VERIFICATION OF COSTS, ON THE ONE HAND, AND OF THE BASIS OF CONTRIBUTIONS, ON THE OTHER, ARE ONLY CARRIED OUT A POSTERIORI AND MAY BE AMENDED UNTIL THE CLOSURE OF THE ACCOUNTS OF THE SCHEME .

( CF . PARAGRAPH 6, SUMMARY, JUDGMENT OF 13 JULY 1965 IN CASE 111/63, ( 1965 ) ECR 677 ).
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SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION APPLICABLE - CRITERIA FOR DETERMINING SUCH LEGISLATION - EMPLOYER' S ESTABLISHMENT - PLACE WHERE THE ACTIVITY OF THE UNDERTAKING IS NORMALLY CARRIED ON

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 13 ( 1 ) ( A ))

SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION APPLICABLE - DETERMINATION - TEMPORARY WORK PERFORMED ON BEHALF OF AN UNDERTAKING HIRING OUT LABOUR WITH ANOTHER UNDERTAKING OF ANOTHER MEMBER STATE

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 13 ( 1 ) ( A ))

Summary

THE REFERENCE MADE BY ARTICLE 13 ( 1 ) ( A ) TO THE ESTABLISHMENT SITUATED IN THE STATE WHERE THE UNDERTAKING IS ESTABLISHED AND TO WHICH THE WORKER IS NORMALLY ATTACHED IS MEANT ESSENTIALLY TO LIMIT THE APPLICABILITY OF THAT PROVISION TO THOSE WORKERS ENGAGED BY UNDERTAKINGS NORMALLY PURSUING THEIR ACTIVITY IN THE TERRITORY OF THE STATE IN WHICH THEY ARE ESTABLISHED .

THE PROVISIONS OF ARTICLE 13 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 3 OF THE COUNCIL ON SOCIAL SECURITY FOR MIGRANT WORKERS ARE APPLICABLE TO A WORKER WHO IS ENGAGED BY AN UNDERTAKING PURSUING ITS ACTIVITY IN A MEMBER STATE, IS PAID BY THAT UNDERTAKING, IS ANSWERABLE TO IT FOR MISCONDUCT, IS ABLE TO BE DISMISSED BY IT AND WHO ON BEHALF OF THE UNDERTAKING PERFORMS WORK TEMPORARILY IN ANOTHER UNDERTAKING IN ANOTHER MEMBER STATE .
JUDGMENT OFTHECOURT (SECOND CHAMBER)
30JUNE 1971 1
Canzio Almini
vCommission oftheEuropean Communities
Case19/70
Summary
Officials — Retirement —Discretionary Powers oftheadministration —Extent —
Defence oftheinterests oftheofficial concerned
(Staff Regulations ofOfficials, Article SO)
Asacorollary tothediscretion conferred
ontheinstitutions byArticle 29(2)of
theStaffRegulations ofOfficials with
regardtoappointments toGrades A1
andA2,theappointing authority en­
joyswidediscretionary powersinsofar
asretirement fromservice anddismissal
ofofficials belonging tothesegradesare
concerned.
TheStaffRegulations donotlimitthe
reasons whichmayjustify aretirementunderArticle 50sincethesecouldhein
theobjective requirements oftheservice
aswellasintheassessment ofthe
officials' specific qualities inrelation to
suchrequirement.
Theexercise ofdiscretionary powers
whicharesowidelydefined nevertheless
requires thattheofficial concerning
whom suchameasure iscontemplated
shouldfirsthaveanopportunity ofstat­
inghiscaseonthefactorswhichhave
determined hisretirement.
InCaseNo19/70
Canzio Almini aformer official oftheCommission oftheEuropean
Communities, residing inLuxembourg, represented byMarcel Slusny and
HenriRolin,Advocates attheCourd'appel, Brussels, withanaddress for
service inLuxembourg athisprivate address, 48boulevard Grande-
Duchesse-Charlotte,
applicant,
v
Commission oftheEuropean Communities represented byitsLegal
Adviser, LouisdelaFontaine, actingasAgent,withanaddressforservice at
theChambers ofitsLegalAdviser, ÉmileReuter,4boulevard Royal,
defendant,
1—Language oftheCase: French.
623
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - COMMON WHEAT, BARLEY, MAIZE AND RYE - THRESHOLD PRICE - CALCULATION - REDUCTION OF THE BASIC TARGET PRICE BY AN AMOUNT REPRESENTING THE INCIDENCE OF INTERNAL TAXATION LEVIED IN RESPECT OF IMPORTS

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 4 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - COMMON WHEAT, BARLEY, MAIZE AND RYE - THRESHOLD PRICE - CALCULATION - MISTAKE BY NATIONAL AUTHORITIES - POWERS OF THE COMMISSION - LIMITS

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 4 )

Summary

1 . ARTICLE 4 OF REGULATION NO 19 OF THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN CEREALS MUST BE INTERPRETED AS MEANING THAT IN CALCULATING THE THRESHOLD PRICE OF CEREALS THE BASIC TARGET PRICE MUST BE REDUCED INTER ALIA BY A FIXED AMOUNT CORRESPONDING TO THE INCIDENCE OF INTERNAL TAXATION LEVIED IN RESPECT OF IMPORTS, SUCH AS THE TURNOVER EQUALIZATION TAX .

2 . SINCE THE VALIDITY OF DECISIONS TAKEN BY THE MEMBER STATES IN FIXING THE THRESHOLD PRICE DOES NOT DEPEND ON THE VIEW TAKEN THEREOF BY THE COMMISSION BUT ON THEIR OBJECTIVE CONFORMITY WITH REQUIREMENTS OF THE REGULATION, THE SECOND PARAGRAPH OF ARTICLE 4 OF THAT REGULATION CANNOT BE INTERPRETED AS CONFERRING ON THE COMMISSION POWER TO VALIDATE BY ITS CONDUCT ERRORS WHICH THE NATIONAL AUTHORITIES MAY COMMIT IN IMPLEMENTING THE TASKS LAID DOWN IN THAT ARTICLE .