ddrg/super_eurlex huggingface dataset:
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - LEVY - REDUCED RATE - IMPORTATION BY SEA INTO ITALY - CONCEPT

( REGULATION NO 120/67/EEC OF THE COUNCIL , ART . 23 ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1601/68 )

2 . FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - INTERNAL COMMUNITY TRANSIT - GOODS IN FREE CIRCULATION - AGRICULTURAL PRODUCTS IMPORTED BY SEA INTO ITALY WITH THE BENEFIT OF A REDUCED LEVY - INCLUSION

( EEC TREATY , ART . 10 ( 1 ); REGULATION NO 120/67/EEC OF THE COUNCIL , ART . 23 ( 1 ), AS AMENDED BY REGULATIONS ( EEC ) NO 1601/68 AND NO 542/69 , ART . 1 ( 3 ))

Summary

1 . THE PHRASE ' IMPORTED BY SEA ' IN ARTICLE 23 ( 1 ) OF REGULATION NO 120/67/EEC DOES NOT INCLUDE CLEARANCE OF PRODUCTS THROUGH CUSTOMS ON BOARD SHIP WHERE SUCH PRODUCTS ARE FORWARDED , WITHOUT BEING UNLOADED , TO A PORT IN ANOTHER MEMBER STATE . THE TEMPORARY ARRANGEMENT INVOLVING A REDUCTION OF THE LEVY ON CERTAIN CEREALS IMPORTED BY SEA INTO ITALY WAS INTRODUCED BY THAT ARTICLE SOLELY IN ORDER TO TAKE ACCOUNT OF THE HIGH PORT CHARGES IN THAT COUNTRY PENDING AN IMPROVEMENT IN ITS PORT STRUCTURES , AND THE ARRANGEMENT THEREFORE APPLIES ONLY TO GOODS BROUGHT INTO ITALIAN TERRITORY FOLLOWING THE USE OF THE FACILITIES AND INSTALLATIONS OF ITALIAN PORTS .

2 . AN AGRICULTURAL PRODUCT IMPORTED BY SEA INTO ITALY AND ACCORDINGLY SUBJECTED TO THE REDUCED RATE OF THE LEVY IN ACCORDANCE WITH ARTICLE 23 ( 1 ) OF REGULATION NO 120/67 IS IN FREE CIRCULATION WITHIN THE COMMUNITY FOR THE PURPOSES OF ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) NO 542/69 OF THE COUNCIL ON COMMUNITY TRANSIT .
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1 . ACTION AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS - PRE-LITIGATION PROCEDURE - REASONED OPINION - TIME-LIMIT FOR COMPLIANCE BY THE MEMBER STATE - SUSPENSION - CONDITIONS

( EEC TREATY , ART . 169 )

2 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - TAXABLE AMOUNT - TRADE-IN OF SECOND-HAND GOODS BY WAY OF PART-PAYMENT - NATIONAL RULES PROVIDING THAT THE VALUE OF THE GOODS TRADED IN IS NOT PART OF THE TAXABLE AMOUNT - PERMISSIBILITY - CONDITIONS

( COUNCIL DIRECTIVE NO 77/388 , ARTS 11 A 1 ( A ) AND 32 )

Summary

1 . ARTICLE 169 OF THE TREATY PROVIDES THAT THE PERIOD WITHIN WHICH A MEMBER STATE MUST COMPLY WITH A REASONED OPINION ADDRESSED TO IT IS TO BE LAID DOWN BY THE COMMISSION , AND IT IS THEREFORE THE COMMISSION WHICH MUST DECIDE ON ANY APPLICATION FOR THE TIME-LIMIT TO BE SUSPENDED . IT FOLLOWS THAT THE GOVERNMENT OF A MEMBER STATE IS NOT JUSTIFIED IN BELIEVING , MERELY ON THE BASIS OF INTERVIEWS WITH COMMISSION OFFICIALS OR THE COMMISSION ' S FAILURE TO REPLY TO LETTERS SENT TO IT , THAT THE TIME-LIMIT LAID DOWN IN THE REASONED OPINION IS SUSPENDED .

2 . A NATIONAL SYSTEM OF VALUE-ADDED TAX WHICH WAS IN EXISTENCE WHEN THE SIXTH DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES ENTERED INTO FORCE AND WHICH , AS REGARDS THE DETERMINATION OF THE TAXABLE AMOUNT IN THE CASE OF THE SUPPLY OF MOVABLE GOODS WHERE SECOND-HAND GOODS ARE TRADED IN , PROVIDES THAT THE VALUE OF THE TRADE-IN IS NOT INCLUDED IN THE CONSIDERATION PAYABLE BY THE PURCHASER , DOES NOT INFRINGE ARTICLE 11 A 1 ( A ) OF THE DIRECTIVE BECAUSE IT IS IN PRINCIPLE COVERED BY ARTICLE 32 OF THE SAME DIRECTIVE , WHICH PENDING THE INTRODUCTION OF A COMMON SYSTEM OF TAXATION OF SECOND-HAND GOODS RE-ESTABLISHING COMPETITIVE NEUTRALITY IN SALES OF SUCH GOODS BETWEEN DIRECT SALES FROM ONE CONSUMER TO ANOTHER AND TRANSACTIONS THROUGH COMMERCIAL CHANNELS , AUTHORIZES MEMBER STATES TO RETAIN NATIONAL SYSTEMS HAVING THE SAME OBJECTIVE . THE OBJECT AND EFFECT OF SUCH A SYSTEM IS TO OFFSET THE RESIDUAL PART OF THE VAT ALREADY BORNE BY THE SECOND-HAND GOODS TRADED IN , SO THAT ON RESALE THOSE GOODS MAY BE SUBJECT TO THE GENERAL SYSTEM OF VAT , AND IS NOT TO EXEMPT FROM TAX PART OF THE CONSIDERATION OBTAINED BY THE TAXABLE PERSON WISHING TO RESELL FOR THE SUPPLY OF THE NEW GOODS .
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1 . NON-CONTRACTUAL LIABILITY - SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY - SCOPE - LIABILITY OF A COMMUNITY INSTITUTION IN RELATION TO A TEMPORARY WORKER UNDER PROVISIONS OF NATIONAL LAW - EXCLUSION - EXCLUSIVE JURISDICTION OF THE COURT OF JUSTICE - ABSENCE

( EEC TREATY , ARTS 178 AND 215 , SECOND PARAGRAPH )

2 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - NATIONAL RULES ON TEMPORARY WORK - SUBSTITUTION OF A CONTRACT OF EMPLOYMENT OF INDETERMINATE DURATION FOR A TEMPORARY WORKER ' S CONTRACT - APPLICATION TO THE COMMUNITY INSTITUTIONS - NOT PERMISSIBLE

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ART . 6 )

Summary

1 . THE LIABILITY WHICH A COMMUNITY INSTITUTION IS ALLEGED TO INCUR TOWARDS A TEMPORARY WORKER UNDER THE PROVISIONS OF NATIONAL LAW APPLICABLE TO CONTRACTS ENTERED INTO BETWEEN THAT INSTITUTION AND TEMPORARY-STAFF AGENCIES DOES NOT FALL WITHIN THE SCOPE OF THE NON-CONTRACTURAL LIABILITY REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY , WITH THE RESULT THAT THE COURT OF JUSTICE DOES NOT HAVE EXCLUSIVE JURISDICTION OVER DISPUTES IN WHICH SUCH LIABILITY IS IN ISSUE .

2 . ARTICLE 6 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES PRECLUDES THE APPLICATION TO THE COMMUNITY INSTITUTIONS OF PROVISIONS OF NATIONAL LAW WHICH , IN THE EVENT OF NON-COMPLIANCE WITH THE NATIONAL RULES RELATING TO TEMPORARY WORK , CREATE A CONTRACT OF EMPLOYMENT OF INDETERMINATE DURATION BETWEEN THE TEMPORARY WORKER AND THE USER OF HIS SERVICES .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' COLLECTORS ' PIECES OF ... HISTORICAL . . . ETHNOGRAPHIC . . . INTEREST ' WITHIN THE MEANING OF HEADING NO 99.05 - CONCEPT - DEFINITION

Summary

COLLECTORS ' PIECES WITHIN THE MEANING OF HEADING NO 99.05 OF THE COMMON CUSTOMS TARIFF ARE ARTICLES WHICH POSSESS THE REQUISITE CHARACTERISTICS FOR INCLUSION IN A COLLECTION , THAT IS TO SAY , ARTICLES WHICH ARE RELATIVELY RARE , ARE NOT NORMALLY USED FOR THEIR ORIGINAL PURPOSE , ARE THE SUBJECT OF SPECIAL TRANSACTIONS OUTSIDE THE NORMAL TRADE IN SIMILAR UTILITY ARTICLES AND ARE OF GREATER VALUE .

COLLECTORS ' PIECES WHICH EVIDENCE A SIGNIFICANT STEP IN THE EVOLUTION OF HUMAN ACHIEVEMENT OR ILLUSTRATE A PERIOD OF THAT EVOLUTION ARE TO BE REGARDED AS OF HISTORICAL OR ETHNOGRAPHIC INTEREST FOR THE PURPOSES OF HEADING NO 99.05 OF THE COMMON CUSTOMS TARIFF .
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1 . OFFICIALS - APPEALS - PRIOR ADMINISTRATIVE COMPLAINT - SAME SUBJECT-MATTER AND LEGAL BASIS

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - ASSIGNMENT - DISCRETION OF APPOINTING AUTHORITY - EXTENT - OBLIGATION OF OFFICIAL TO ACCEPT ANY ASSIGNMENT TO WORK CORRESPONDING TO HIS GRADE

( STAFF REGULATIONS , ART . 7 )

Summary

1 . BY PROVIDING THAT AN APPEAL TO THE COURT OF JUSTICE IS TO LIE ONLY IF THE APPOINTING AUTHORITY HAS PREVIOUSLY HAD A COMPLAINT SUBMITTED TO IT AND THAT COMPLAINT HAS BEEN REJECTED , ARTICLE 91 OF THE STAFF REGULATIONS SEEKS TO ENABLE AND ENCOURAGE AN AMICABLE SETTLEMENT TO BE REACHED OF THE DIFFERENCE WHICH HAS ARISEN BETWEEN OFFICIALS OR SERVANTS AND THE ADMINISTRATION ; IN ORDER TO COMPLY WITH THIS REQUIREMENT , IT IS ESSENTIAL THAT THE ADMINISTRATION BE IN A POSITION TO KNOW THE COMPLAINTS OR REQUESTS OF THE PERSON CONCERNED . BUT IT IS NOT THE PURPOSE OF THAT PROVISION TO BIND STRICTLY AND ABSOLUTELY THE CONTENTIOUS STAGE OF THE PROCEEDINGS , IF ANY , PROVIDED THAT THE CLAIMS SUBMITTED AT THAT STAGE CHANGE NEITHER THE LEGAL BASIS NOR THE SUBJECT-MATTER OF THE COMPLAINT .

2 . ARTICLE 7 OF THE STAFF REGULATIONS CONFERS UPON THE APPOINTING AUTHORITY A VERY WIDE DISCRETION IN THE ASSIGNMENT OF AN OFFICIAL , IN THE INTERESTS OF THE SERVICE , TO A POST IN HIS CATEGORY OR SERVICE CORRESPONDING TO HIS GRADE . AN OFFICIAL IS OBLIGED TO ACCEPT ANY ASSIGNMENT IN ACCORDANCE WITH THE REQUIREMENTS OF THE SERVICE , ANYWHERE IN THE COMMUNITY , IN ANY PLACE OF EMPLOYMENT WITHIN THE INSTITUTION WHICH HE SERVES , SUBJECT TO HIS RIGHT TO REQUIRE THAT THE DUTIES ASSIGNED TO HIM CORRESPOND TO HIS GRADE AND BASIC POST .

IN PARTICULAR IT IS NOT CONTRARY TO ARTICLE 7 OF THE STAFF REGULATIONS FOR AN OFFICIAL TO BE ASSIGNED TO WORK WHICH , THOUGH DIFFERENT FROM THAT WHICH HE WAS ORIGINALLY CARRYING OUT , IS NOT INCOMPATIBLE WITH HIS GRADE AND IS INTENDED TO PROVIDE HIM WITH A NEW CAREER OPENING .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - REFUNDS FIXED IN ADVANCE - CONDITION OF PAYMENT - DEPARTURE OF THE GOODS ' UNALTERED ' FROM THE TERRITORY OF THE COMMUNITY - REPACKAGING FOLLOWING CUSTOMS CLEARANCE - FORFEITURE OF THE REFUND - COMPLETION OF CUSTOMS FORMALITIES AFTER THE EVENT - REFERENCE DATE FOR DETERMINING THE RATE OF REFUND - ACTUAL DATE OF DEPARTURE

( COMMISSION REGULATION NO 2730/79 , ART . 9 ( 1 ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - ADVANCE FIXING OF COMPENSATORY AMOUNTS AND EXPORT REFUNDS - FORFEITURE OF THE REFUND - CONCOMITANT FORFEITURE OF THE MONETARY COMPENSATORY AMOUNT - COMPLETION OF CUSTOMS FORMALITIES AFTER THE EVENT - REFERENCE DATE FOR DETERMINING THE RATE OF THE COMPENSATORY AMOUNT - DATE ADOPTED FOR DETERMINING THE RATE OF REFUND

( COMMISSION REGULATION NO 243/78 , ART . 2 ; COMMISSION REGULATION NO 1371/81 )

Summary

1 . ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 2730/79 , WHICH PROVIDES THAT THE EXPORT REFUND IS TO BE PAID ON CONDITION THAT THE GOODS HAVE LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY ' UNALTERED ' , MUST BE INTERPRETED AS MEANING THAT ANY ALTERATION IN THE PRESENTATION OF THE GOODS , WHERE IT IS SUCH AS TO RENDER CUSTOMS CONTROL MORE DIFFICULT , ENTAILS FORFEITURE OF THE REFUND .

WHERE , EXCEPTIONALLY , CUSTOMS EXPORT FORMALITIES MAY STILL BE COMPLETED AFTER THE DATE ON WHICH THE GOODS HAVE LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY , THE RATE OF REFUND TO BE APPLIED IS THAT APPLICABLE ON THAT DATE .

2 . SINCE MONETARY COMPENSATORY AMOUNTS MAY BE FIXED IN ADVANCE ONLY IF THE EXPORT REFUNDS AND LEVIES ARE ALSO FIXED IN ADVANCE , FORFEITURE OF THE REFUND FIXED IN ADVANCE ALSO ENTAILS FORFEITURE OF THE MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE . WHERE CUSTOMS FORMALITIES ARE COMPLETED AFTER THE EVENT , REFERENCE MAY NOT BE MADE TO DIFFERENT DATES FOR THE PURPOSE OF FIXING THE RATE OF THE MONETARY COMPENSATORY AMOUNT PAYABLE PURSUANT TO REGULATION NO 1371/81 AND THE RATE OF THE REFUND .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - HEALTH CHECKS ON IMPORTS OF CURDS - DETENTION OF LORRIES AT THE FRONTIER , EXCESSIVE DURATION OF THE ADMISSION PROCEDURE AND FAILURE TO NOTIFY REFUSAL TO ADMIT GOODS IN DUE TIME - TREND OR GENERAL PRACTICE - ABSENCE OF PROOF - ISOLATED CASES JUSTIFIED ON GROUNDS OF THE PROTECTION OF HEALTH

( EEC TREATY , ARTS 30 AND 36 ; REGULATION NO 804/68 OF THE COUNCIL , ART . 22 ( 1 ))
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1 . ECSC - PRODUCTION - STEEL PRODUCTION AND DELIVERY QUOTA SYSTEM - FIXING OF QUOTAS - APPLICATION OF THE RULES IN FORCE - UNJUST AND DISCRIMINATORY NATURE - NONE

( ECSC TREATY , ART . 58 , DECISION NO 1831/81 )

2 . OBJECTION OF ILLEGALITY - MEASURES THE ILLEGALITY OF WHICH MAY BE PLEADED - INDIVIDUAL DECISIONS - EXCLUDED

( ECSC TREATY , ART . 36 ; THIRD PARAGRAPH )
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OFFICIALS - PENSIONS - INVALIDITY PENSION - DETERMINATION WHETHER THE ILLNESS IS AN OCCUPATIONAL DISEASE - POWERS OF THE INVALIDITY COMMITTEE AND THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS, ART . 78, SECOND PARAGRAPH )

Summary

IT IS CLEAR FROM THE COMPOSITION OF THE INVALIDITY COMMITTEE AND FROM THE NATURE OF ITS TASKS THAT IT HAS EXCLUSIVE POWERS REGARDING MEDICAL ASSESSMENT . UNDER THE PROCEDURE FOR ESTABLISHING WHETHER THE ILLNESS WHICH IS THE CAUSE OF THE INVALIDITY IS AN OCCUPATIONAL DISEASE, THE POWERS OF THE INVALIDITY COMMITTEE ARE LIMITED TO DETERMINING THE CAUSE OF THE OFFICIAL' S INCAPACITY FOR WORK AND TO VERIFYING WHETHER HIS PATHOLOGICAL CONDITION HAS A SUFFICIENTLY DIRECT RELATIONSHIP WITH A SPECIFIC AND NORMAL RISK INHERENT IN THE DUTIES WHICH HE PERFORMED . IT IS FOR THE ADMINISTRATION ALONE TO DETERMINE THE LEGAL CONSEQUENCES THAT ARE TO BE DRAWN FROM THE MEDICAL FINDINGS AND, IN PARTICULAR, TO ASCERTAIN, SUBJECT TO REVIEW BY THE COURT, WHETHER THE OFFICIAL' S INVALIDITY AROSE FROM CONDUCT INCONSISTENT WITH HIS OBLIGATIONS UNDER THE STAFF REGULATIONS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SELF-EMPLOYED PERSONS - DEFINITION - PRIEST- INCLUDED

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( A ) ( IV ), AS AMENDED BY REGULATION NO 1390/81 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - ' LEGISLATION ' OF A MEMBER STATE WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 - CRITERION FOR DETERMINING THE SCOPE OF THE TERM - AFFILIATION TO A SOCIAL SECURITY SCHEME IN A MEMBER STATE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( J ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - RESIDENCE REQUIREMENT - WAIVER - SELF-EMPLOYED PERSONS - DATE OF COMING INTO EFFECT

( COUNCIL REGULATION NO 1390/81 , ART . 2 ( 4 ))

Summary

1 . THE EXPRESSION ' SELF-EMPLOYED PERSON ' WITHIN THE MEANING OF ARTICLE 1 ( A ) ( IV ) OF REGULATION NO 1408/71 , AS AMENDED BY REGULATION NO 1390/81 , APPLIES TO PERSONS WHO ARE PURSUING OR HAVE PURSUED , OTHERWISE THAN UNDER A CONTRACT OF EMPLOYMENT OR BY WAY OF SELF-EMPLOYMENT IN A TRADE OR PROFESSION , AN OCCUPATION IN RESPECT OF WHICH THEY RECEIVE INCOME PERMITTING THEM TO MEET ALL OR SOME OF THEIR NEEDS , EVEN IF THAT INCOME IS SUPPLIED BY THIRD PARTIES BENEFITING FROM THE SERVICES OF A MISSIONARY PRIEST .

2 . THE ESSENTIAL CRITERION FOR DETERMINING THE SCOPE OF THE TERM ' LEGISLATION ' IN ARTICLE 1 ( J ) OF REGULATION NO 1408/71 IS NOT THE PLACE IN WHICH THE OCCUPATION IS PURSUED BUT THE LINK WHICH EXISTS BETWEEN THE WORKER , REGARDLESS OF THE PLACE IN WHICH HE PURSUED OR IS PURSUING HIS OCCUPATION , AND THE SOCIAL SECURITY SCHEME IN A MEMBER STATE UNDER WHICH HE HAS COMPLETED PERIODS OF INSURANCE .

SINCE THE DECISIVE CRITERION FOR THE APPLICABILITY OF REGULATION NO 1408/71 IS THE FACT THAT THE INSURED PERSON IS AFFILIATED TO A SOCIAL SECURITY SCHEME IN A MEMBER STATE , IT IS OF NO IMPORTANCE THAT HE PURSUED HIS ACTIVITIES WHOLLY OR PARTLY OUTSIDE THE TERRITORY OF THE MEMBER STATES OF THE COMMUNITY .

3 . ARTICLE 2 ( 4 ) OF REGULATION NO 1390/81 APPLIES TO A REFUSAL BY A SOCIAL SECURITY INSTITUTION TO AWARD AN INVALIDITY BENEFIT ON THE GROUND THAT THE INSURED PERSON HAS NOT PREVIOUSLY STAYED OR RESIDED IN THE MEMBER STATE CONCERNED FOR A CONTINUOUS SPECIFIED PERIOD . HOWEVER , THE INSURED PERSON MAY CLAIM THE BENEFIT OF THAT PROVISION ONLY WITH EFFECT FROM 1 JULY 1982 .
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APPLICATION FOR ANNULMENT OF A MEASURE - MEASURES AGAINST WHICH PROCEEDINGS MAY BE BROUGHT - MEASURES ENTERING INTO COMMITMENTS OF EXPENDITURE AND VALIDATING, AUTHORIZING OR IMPLEMENTING THE PAYMENT OF EXPENDITURE - MEASURES HAVING ONLY INTERNAL EFFECTS WITHIN THE ADMINISTRATION AND NOT ADVERSELY AFFECTING ANY PERSON

( EEC TREATY, ART . 173 .)

Summary

AN ACTION FOR THE ANNULMENT OF MEASURES ENTERING INTO COMMITMENTS OF EXPENDITURE AND VALIDATING, AUTHORIZING AND IMPLEMENTING THE PAYMENT OF EXPENDITURE IS INADMISSIBLE . SUCH MEASURES HAVE ONLY INTERNAL LEGAL EFFECTS WITHIN THE ADMINISTRATION AND GIVE RISE TO NO RIGHTS OR OBLIGATIONS ON THE PART OF THIRD PARTIES; THEY THEREFORE DO NOT CONSTITUTE DECISIONS ADVERSELY AFFECTING ANY PERSON .
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SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - TRANSFER - MEANING

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

Summary

THE EXPRESSION ' TRANSFER OF AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS TO ANOTHER EMPLOYER ' IN ARTICLE 1 ( 1 ) OF DIRECTIVE NO 77/187 ENVISAGES THE CASE IN WHICH THE BUSINESS IN QUESTION RETAINS ITS IDENTITY . IN ORDER TO ESTABLISH WHETHER OR NOT SUCH A TRANSFER HAS TAKEN PLACE , IT IS NECESSARY TO CONSIDER WHETHER , HAVING REGARD TO ALL THE FACTS CHARACTERIZING THE TRANSACTION , THE BUSINESS WAS DISPOSED OF AS A GOING CONCERN , AS WOULD BE INDICATED INTER ALIA BY THE FACT THAT ITS OPERATION WAS ACTUALLY CONTINUED OR RESUMED BY THE NEW EMPLOYER , WITH THE SAME OR SIMILAR ACTIVITIES .
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1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EXCLUSIVE DISTRIBUTION AGREEMENTS - PARTITIONING OF THE MARKETS - RESTRICTION OF COMPETITION

( EEC TREATY , ART . 85 ( 1 ))

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EXCLUSIVE DISTRIBUTION AGREEMENTS - GUARANTEE GRANTED TO CUSTOMERS OF THE EXCLUSIVE DISTRIBUTORS BUT WITHHELD FROM CUSTOMERS OF PARALLEL IMPORTERS - RESTRICTION OF COMPETITION

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . THE PARTITIONING OF THE MARKETS BROUGHT ABOUT BY A DISTRIBUTION NETWORK UNDER WHICH EVERY DEALER IS GRANTED AN EXCLUSIVE RIGHT TO DISTRIBUTE A PRODUCT WITHIN THE TERRITORY ALLOTTED TO HIM AND IS PROHIBITED FROM SUPPLYING THE PRODUCT OUTSIDE THAT TERRITORY CONSTITUTES A RESTRICTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY .

2 . A GUARANTEE SCHEME UNDER WHICH A SUPPLIER OF GOODS LIMITS THE GUARANTEE TO CUSTOMERS OF HIS EXCLUSIVE DISTRIBUTOR PLACES THE LATTER AND THE RETAILERS TO WHOM HE SELLS IN A PRIVILEGED POSITION AS AGAINST PARALLEL IMPORTERS AND DISTRIBUTORS AND MUST THEREFORE BE REGARDED AS HAVING THE OBJECT OR EFFECT OF RESTRICTING COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY .
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( EEC TREATY , ARTS 48 AND 56 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - RIGHT OF MEMBERS OF THE FAMILY TO TAKE PAID EMPLOYMENT - SCOPE - ACCESS TO A REGULATED OCCUPATION - CONDITIONS

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 11 )

3 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - RIGHT OF MEMBERS OF THE FAMILY TO TAKE PAID EMPLOYMENT - EQUAL TREATMENT - CONDITIONS OF NATIONALITY - NONE

( REGULATION NO 1612/68 OF THE COUNCIL , ARTS 3 ( 1 ) AND 11 )

4 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - ACCESS TO EMPLOYMENT - EQUAL TREATMENT - SCOPE

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 3 ( 1 ))

5 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - RIGHT OF MEMBERS OF THE FAMILY TO TAKE PAID EMPLOYMENT - EQUAL TREATMENT - DOCTOR - RECOGNITION OF QUALIFICATIONS - BASIS - IRRELEVANT

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 11 ; COUNCIL DIRECTIVE 75/363 )

1 . THE RIGHT RETAINED BY MEMBER STATES UNDER ARTICLES 48 AND 56 OF THE TREATY TO RESTRICT FREEDOM OF MOVEMENT ON GROUNDS OF PUBLIC HEALTH IS INTENDED NOT TO EXCLUDE THE PUBLIC HEALTH SECTOR , AS A SECTOR OF ECONOMIC ACTIVITY AND FROM THE POINT OF VIEW OF ACCESS TO EMPLOYMENT , FROM THE APPLICATION OF THE PRINCIPLES OF FREEDOM OF MOVEMENT BUT TO PERMIT MEMBER STATES TO REFUSE ACCESS TO THEIR TERRITORY OR RESIDENCE THERE TO PERSONS WHOSE ACCESS OR RESIDENCE WOULD IN ITSELF CONSTITUTE A DANGER FOR PUBLIC HEALTH .

Summary

2 . ARTICLE 11 OF REGULATION NO 1612/68 MUST BE INTERPRETED AS MEANING THAT THE RIGHT OF THE SPOUSE OF A WORKER ENTITLED TO MOVE FREELY WITHIN THE COMMUNITY TO TAKE UP ANY ACTIVITY AS AN EMPLOYED PERSON CARRIES WITH IT THE RIGHT TO PURSUE OCCUPATIONS SUBJECT TO A SYSTEM OF ADMINISTRATIVE AUTHORIZATION AND TO SPECIAL RULES GOVERNING THEIR EXERCISE , SUCH AS THE MEDICAL PROFESSION , IF THE SPOUSE SHOWS THAT HE HAS THE PROFESSIONAL QUALIFICATIONS AND DIPLOMAS REQUIRED BY THE HOST MEMBER STATE FOR THE PURSUIT OF THE OCCUPATION IN QUESTION .

3 . A MEMBER OF A WORKER ' S FAMILY TO WHOM ARTICLE 11 APPLIES MAY , IN MATTERS CONCERNING ACCESS TO AND THE PURSUIT OF AN OCCUPATION , RELY ON THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF THAT REGULATION IRRESPECTIVE OF HIS NATIONALITY .

4 . THE NON-DISCRIMINATORY TREATMENT IN MATTERS CONCERNING ACCESS TO AND THE PURSUIT OF AN OCCUPATION PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF REGULATION NO 1612/68 CONSISTS IN THE APPLICATION TO PERSONS COVERED BY THAT PROVISION OF THE SAME PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION AND THE SAME ADMINISTRATIVE PRACTICES AS ARE APPLIED TO NATIONALS OF THE HOST STATE .

5 . A SPOUSE OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE TO WHOM ARTICLE 11 OF REGULATION NO 1612/68 APPLIES IS ENTITLED TO BE TREATED IN THE SAME WAY AS A NATIONAL OF THE HOST STATE WITH REGARD TO ACCESS , AS AN EMPLOYED PERSON , TO THE MEDICAL PROFESSION AND THE PRACTICE OF THAT PROFESSION WHETHER HIS QUALIFICATIONS ARE RECOGNIZED UNDER THE LEGISLATION OF THE HOST MEMBER STATE ALONE OR PURSUANT TO DIRECTIVE 75/363 .

OPINION OF MR ADVOCATE GENERAL MANCINI
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1 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED PRIOR TO ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - OBLIGATIONS OF THE MEMBER STATES - ADOPTION OF MEASURES MAKING SUCH TRANSFERS POSSIBLE

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

2 . OFFICIALS - STAFF REGULATIONS - LEGAL NATURE - REGULATION - DIRECT APPLICABILITY - OBLIGATIONS OF THE MEMBER STATES - ADOPTION OF THE NECESSARY IMPLEMENTING MEASURES

( EEC TREATY , ART . 189 ; REGULATION NO 259/68 OF THE COUNCIL )

Summary

1 . ALL THE MEMBER STATES ARE BOUND TO SELECT AND PUT INTO EFFECT SPECIFIC MEASURES WHICH WILL MAKE POSSIBLE THE EXERCISE OF THE RIGHT , GRANTED TO OFFICIALS UNDER ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS , TO TRANSFER RIGHTS ACQUIRED UNDER A NATIONAL PENSION SCHEME TO THE COMMUNITIES ' PENSION SCHEME BY INTRODUCING RULES PROVIDING FOR THE ACTUAL TRANSFER OF SUCH RIGHTS TO THE COMMUNITY SCHEME . THE REFUSAL OF A MEMBER STATE TO LAY DOWN SUCH RULES WOULD HAVE THE EFFECT OF DEPRIVING OFFICIALS OF THE COMMUNITIES OF THE VERY RIGHT TO EXERCISE THE OPTION GRANTED TO THEM BY THE STAFF REGULATIONS AND , WHEN OTHER MEMBER STATES HAVE ALREADY DONE SO , DESTROYS THE EQUALITY OF COMMUNITY OFFICIALS FROM OTHER MEMBER STATES WITH THOSE FROM THE MEMBER STATES CONCERNED .

2 . THE FACT THAT , BY REASON OF THEIR STATUS AS A REGULATION , THE STAFF REGULATIONS ARE DIRECTLY APPLICABLE IN ALL THE MEMBER STATES AND THAT , CONSEQUENTLY , INDIVIDUALS ARE AFFORDED THE MINIMUM GUARANTEE REPRESENTED BY THE RIGHT TO RELY ON THE PROVISIONS THEREOF BEFORE THE NATIONAL COURTS CANNOT RELEASE THE MEMBER STATES FROM THE OBLIGATION TO ADOPT APPROPRIATE NATIONAL MEASURES TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF SUCH PROVISIONS WHERE THAT PROVES NECESSARY .
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ECSC - PRODUCTION - STEEL PRODUCTION QUOTA SYSTEM - EXCEEDING OF QUOTAS - FIXING OF A FINE - ADMINISTRATIVE PROCEDURE - REGULARITY - TOLERANCE IN EXCESS - CONDITIONS OF APPLICATION

( ECSC TREATY , ARTS 36 AND 58 ; GENERAL DECISION NO 1831/81 , ART . 11 )