ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - MEASURE ADVERSELY AFFECTING AN OFFICIAL - STATEMENT OF THE REASONS UPON WHICH IT IS BASED - CONCEPT

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 25 )

2 . OFFICIALS - RECRUITMENT - TRANSFER - DIFFICULTIES - MUST BE ACCEPTED BY THE OFFICIAL CONCERNED

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 29 )

3 . OFFICIALS - ADMINISTRATION - ORGANIZATION OF THE SERVICES - EXCLUSIVE POWER

4 . OFFICIALS - PERIODIC REPORT - DRAWING-UP THEREOF - DUTY OF THE ADMINISTRATION

( STAFF REGULATION OF OFFICIALS , ARTICLE 43 )

Summary

1 . IT IS NECESSARY TO CONSIDER THAT A DECISION ADVERSELY AFFECTING AN OFFICIAL STATES THE REASONS UPON WHICH IT IS BASED IF THE SUPPORTING STAFF MEMORANDA HAVE BEEN BROUGHT TO THE KNOWLEDGE OF THE OFFICIAL , HAVE CLEARLY INFORMED HIM OF THE REASONS UNDERLYING THE MEASURE IN QUESTION AND CONTAIN ALL THE ESSENTIAL FACTORS SUFFICIENT TO ENABLE JUDICIAL REVIEW .

2 . THE TRANSFER OF AN OFFICIAL OF THE COMMUNITY DOES NOT CONSTITUTE AN ABNORMAL AND UNFORESEEABLE EVENT IN HIS CAREER ALTHOUGH IT MAY CAUSE HIM FAMILY AND FINANCIAL DIFFICULTIES WHEN THE PLACES OF EMPLOYMENT TO WHICH HE MAY BE TRANSFERRED ARE SPREAD OVER SEV- ERAL STATES AND THE ADMINISTRATION MAY BE REQUIRED TO MEET NEEDS OF THE SERVICE WHICH COMPEL IT TO DECIDE SUCH TRANSFER . 3 . THE ADMINISTRATION IS ALONE RESPONSIBLE FOR THE ORGANIZATION OF THE SERVICES WHICH IT MUST BE ABLE TO FIX AND ALTER ON THE BASIS OF ITS TASKS .

4 . THE PERIODIC REPORT , WHICH MUST COMPULSORILY BE DRAWN UP FOR THE GOOD ADMINISTRATION AND RATIONALIZ- ATION OF THE SERVICES OF THE COMMUNITY AND IN ORDER TO SAFEGUARD THE INTERESTS OF OFFICIALS , CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL ' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION . ONE OF THE BOUNDEN DUTIES OF THE ADMINISTRATION IS THEREFORE TO ENSURE THAT THAT REPORT IS DRAWN UP PERIODICALLY ON THE DATES LAID DOWN BY THE STAFF REGULATION AND THAT IT IS DRAWN UP IN PROPER FORM .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MONETARY MEASURES - TRADE IN AGRICULTURAL PRODUCTS - DISTURBANCES - COMPENSATORY AMOUNTS - ABOLITION OR MODIFICATION - INJURY SUFFERED BY TRADERS - LIABILITY OF COMMISSION - CONDITIONS

Summary

THE LIABILITY OF THE COMMUNITY FOR INJURY SUFFERED BY TRADERS AS A RESULT OF THE ADOPTION OF LEGISLATIVE MEASURES GOVERNING THE SYSTEM OF COMPENSATORY AMOUNTS COULD ONLY BE INCURRED IF , IN THE ABSENCE OF ANY OVERRIDING PUBLIC INTEREST , THE COMMISSION WERE TO ABOLISH OR MODIFY THE COMPENSATORY AMOUNTS APPLICABLE IN A SPECIFIC SECTOR WITH IMMEDIATE EFFECT AND WITHOUT WARNING AND IN THE ABSENCE OF ANY APPROPRIATE TRANSITIONAL MEASURES AND IF SUCH ABOLITION OR MODIFICATION WAS NOT FORESEEABLE BY A PRUDENT TRADER .
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FREEDOM OF ESTABLISHMENT - ACP-EEC LOME CONVENTION - RIGHT OF ESTABLISHMENT - NATIONAL OF AN ACP STATE - PROFESSION OF ADVOCATE - RULE AS TO NON-DISCRIMINATION - REQUIREMENT OF THE NATIONALITY OF THE STATE CONCERNED - PERMISSIBILITY - MORE FAVOURABLE TREATMENT RESERVED TO THE NATIONALS OF ANOTHER ACP STATE BY VIRTUE OF AN INTERNATIONAL AGREEMENT - ABSENCE OF DISCRIMINATION

( ACP-EEC CONVENTION , ARTICLE 62 )

Summary

ARTICLE 62 OF THE ACP-EEC CONVENTION SIGNED AT LOME ON 28 FEBRUARY 1975 BETWEEN THE AFRICAN , CARIBBEAN AND PACIFIC STATES OF THE ONE PART AND THE EUROPEAN ECONOMIC COMMUNITY OF THE OTHER PART DOES NOT PURPORT TO PROVIDE EQUALITY OF TREATMENT BETWEEN NATIONALS OF AN ACP STATE AND THOSE OF A MEMBER STATE OF THE EEC ; MORE PARTICULARLY , IT DOES NOT OBLIGE EITHER THE ACP STATES OR THE MEMBER STATES OF THE EEC TO GIVE TO THE NATIONALS OF A STATE BELONGING TO THE OTHER GROUP TREATMENT IDENTICAL TO THAT RESERVED TO THEIR OWN NATIONALS .

IT IS NOT CONTRARY TO THE RULE AS TO NON-DISCRIMINATION LAID DOWN IN ARTICLE 62 FOR A MEMBER STATE TO RESERVE MORE FAVOURABLE TREATMENT TO THE NATIONALS OF ONE ACP STATE , PROVIDED THAT SUCH TREATMENT RESULTS FROM THE PROVISIONS OF AN INTERNATIONAL AGREEMENT COMPRISING RECIPROCAL RIGHTS AND ADVANTAGES .

ARTICLE 62 OF THE LOME CONVENTION DOES NOT GIVE A NATIONAL OF AN ACP STATE THE RIGHT TO ESTABLISH HIMSELF IN THE TERRITORY OF A MEMBER STATE OF THE EEC WITHOUT ANY CONDITION AS TO NATIONALITY , IN SO FAR AS THE RIGHT TO PRACTISE PROFESSIONS RESERVED BY THE LEGISLATION OF THAT STATE TO ITS OWN NATIONALS IS CONCERNED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - CALCULATION - APPORTIONMENT - CONDITION - AGGREGATION OF INSURANCE PERIODS

( EEC TREATY , ARTICLE 51 ; REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 46 ( 3 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - CALCULATION - RESIDENCE CLAUSE - WAIVER - CONSEQUENTIAL APPORTIONMENT - NOT PERMISSIBLE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLES 10 AND 46 ( 3 ))

Summary

1 . ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 IS APPLICABLE ONLY IN CASES WHERE , FOR THE PURPOSE OF ACQUIRING THE RIGHT TO BENEFIT WITHIN THE MEANING OF ARTICLE 51 ( A ) OF THE TREATY , IT IS NECESSARY TO HAVE RECOURSE TO THE ARRANGEMENTS FOR AGGREGATION OF THE PERIODS OF INSURANCE .

2 . SINCE THE WAIVING OF RESIDENCE CLAUSES PURSUANT TO ARTICLE 10 OF REGULATION NO 1408/71 HAS NO EFFECT ON THE ACQUISITION OF THE RIGHT TO BENEFIT , IT CANNOT INVOLVE THE APPLICATION OF ARTICLE 46 ( 3 ) OF THAT REGULATION .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - EXPORT TO NON- MEMBER COUNTRIES - ASSIGNMENT OF LICENCES - SUBSTITUTION OF PRODUCT - DEFLECTION OF TRADE - APPLICATION OF MONETARY COMPENSATORY AMOUNTS - COMMISSION REGULATION NO 101/77 - VALIDITY

2 . MEASURE ADOPTED BY AN INSTITUTION - AMENDMENT OF AN EARLIER PROVISION - SITUATIONS ARISING UNDER THE LATTER - FUTURE EFFECTS - APPLICATION OF THE AMENDING RULE

Summary

1 . COMMISSION REGULATION ( EEC ) NO 101/77 IS VALID .

2 . A LAW AMENDING A LEGISLATIVE PROVISION APPLIES , SAVE AS OTHERWISE PROVIDED , TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE PREVIOUS LAW .
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COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INDIVIDUAL ELECTRICAL APPLIANCES - NATURE OF ' PARTS ' - CLASSIFICATION UNDER TARIFF HEADING 85.17

Summary

NOTE 2 IN CONJUNCTION WITH NOTE 5 TO SECTION XVI OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT INDIVIDUAL ELECTRICAL APPLIANCES WHICH ARE SUITABLE FOR USE SOLELY OR PRINCIPALLY WITH AN ELECTRIC SOUND OR VISUAL SIGNALLING APPARATUS WITHIN THE MEANING OF TARIFF HEADING 85.17 ARE ' PARTS ' WITHIN THE MEANING OF THAT NOTE AND ARE TO BE CLASSIFIED ACCORDINGLY UNDER TARIFF HEADING 85.17 EVEN WHEN IMPORTED WITHOUT THE CABLES LINKING THE VARIOUS PARTS AND WITHOUT THE ACOUSTIC OR VISUAL ALARM SIGNALLING DEVICE .
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MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION UNDER THE TREATY - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE CANNOT RELY UPON DOMESTIC DIFFICULTIES OR PROVISIONS OF ITS NATIONAL LEGAL SYSTEM , EVEN ITS CONSTITUTIONAL SYSTEM , FOR THE PURPOSE OF JUSTIFYING A FAILURE TO COMPLY WITH OBLIGATIONS AND PERIODS RESULTING FROM COMMUNITY DIRECTIVES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - ENTITLEMENT UNDER NATIONAL LEGISLATION ALONE - PROVISIONS FOR REDUCTION OR SUSPENSION - APPLICABILITY - POSITION UNDER COMMUNITY RULES MORE FAVOURABLE - PREFERENCE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 12 ( 2 ) AND 46 )

Summary

SO LONG AS A WORKER IS RECEIVING A PENSION BY VIRTUE OF NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THE NATIONAL LEGISLATION , INCLUDING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , FROM BEING APPLIED TO HIM IN ITS ENTIRETY , PROVIDED THAT IF THE APPLICATION OF SUCH NATIONAL LEGISLATION PROVES LESS FAVOURABLE THAN THE APPLICATION OF THE RULES LAID DOWN BY ARTICLE 46 OF REGULATION NO 1408/71 THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED .
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1 . SOCIAL POLICY - MEN AND WOMEN WORKERS - PAY - EQUALITY - PRINCIPLE - SCOPE - LIMITS

( EEC TREATY , ART . 119 )

2 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - FUNDAMENTAL PERSONAL RIGHTS - OBSERVANCE ENSURED BY THE COURT - DISCRIMINATION BASED ON SEX - PROHIBITION - POWERS OF THE COMMUNITY - LIMITS

Summary

1 . ARTICLE 119 OF THE EEC TREATY , WHICH IS LIMITED TO THE QUESTION OF PAY DISCRIMINATION BETWEEN MEN AND WOMEN WORKERS , CONSTITUTES A SPECIAL RULE , WHOSE APPLICATION IS LINKED TO PRECISE FACTORS . IT CANNOT BE INTERPRETED AS PRESCRIBING , IN ADDITION TO EQUAL PAY , EQUALITY IN RESPECT OF THE OTHER WORKING CONDITIONS APPLICABLE TO MEN AND WOMEN .

THE FACT THAT THE FIXING OF CERTAIN CONDITIONS OF EMPLOYMENT - SUCH AS A SPECIAL AGE-LIMIT - MAY HAVE PECUNIARY CONSEQUENCES IS NOT SUFFICIENT TO BRING SUCH CONDITIONS WITHIN THE FIELD OF APPLICATION OF ARTICLE 119 , WHICH IS BASED ON THE CLOSE CONNEXION WHICH EXISTS BETWEEN THE NATURE OF THE SERVICES PROVIDED AND THE AMOUNT OF REMUNERATION .

2 . FUNDAMENTAL PERSONAL HUMAN RIGHTS FORM PART OF THE GENERAL PRINCIPLES OF COMMUNITY LAW , THE OBSERVANCE OF WHICH THE COURT HAS A DUTY TO ENSURE . THE ELIMINATION OF DISCRIMINATION BASED ON SEX FORMS PART OF THOSE FUNDAMENTAL RIGHTS . HOWEVER , IT IS NOT FOR THE COURT TO ENFORCE THE OBSERVANCE OF THAT RULE OF NON- DISCRIMINATION IN RESPECT OF RELATIONSHIPS BETWEEN EMPLOYER AND EMPLOYEE WHICH ARE A MATTER EXCLUSIVELY FOR NATIONAL LAW .
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AGRICULTURE - SHORT-TERM ECONOMIC POLICY - MONETARY COMPENSATORY AMOUNTS - EXEMPTION FROM THE BURDEN - CLAUSE TO ENSURE NATURAL JUSTICE - AT THE DISCRETION OF THE MEMBER STATES - INTERVENTION BY THE COMMISSION - CONDITIONS

( REGULATION NO 1608/74 OF THE COMMISSION , ART . 4 )

Summary

REGULATION NO 1608/74 , IN PRINCIPLE , ENTRUSTED THE ADMINISTRATION OF THE SYSTEM UNDER THE CLAUSE TO ENSURE NATURAL JUSTICE TO THE MEMBER STATES AND GAVE THEM A WIDE DISCRETION , MAKING THEM RESPONSIBLE FOR THE DECISION , IN EACH PARTICULAR CASE , AS TO WHETHER OR NOT TO AVAIL THEMSELVES OF THE CLAUSE .

THE COMMISSION MAY INTERVENE , IN THE CIRCUMSTANCES PROVIDED FOR IN ARTICLE 4 OF THE REGULATION , ONLY IN RELATION TO SPECIFIC CONTRACTS IN RESPECT OF WHICH THE MEMBER STATE IN QUESTION INTENDS TO MAKE USE OF THE CLAUSE TO ENSURE NATURAL JUSTICE AND INFORMS THE COMMISSION OF ITS INTENTION . ONLY AFTER SUCH NOTIFICATION MAY THE COMMISSION , UNDER ARTICLE 4 ( 2 ), CONSIDER THE INDIVIDUAL CASE IN WHICH IT IS INTENDED TO GRANT EXEMPTION AND STATE ANY OBJECTION WHICH IT MAY HAVE TO THE MEASURE CONTEMPLATED .
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1 . EEC TREATY - GEOGRAPHICAL AREA OF APPLICATION - FRENCH OVERSEAS DEPARTMENTS - TAX PROVISIONS - PROHIBITION OF DISCRIMINATION - APPLICABILITY

( EEC TREATY , ART . 95 AND ART . 227 ( 1 ) AND ( 2 ))

2 . TAX PROVISIONS - INTERNAL TAXATION - PREFERENTIAL TREATMENT OF CERTAIN TYPES OF SPIRITS OR CERTAIN CLASES OF PRODUCERS - PRODUCTS COMING FROM OTHER MEMBER STATES - EXTENSION OF TAX ADVANTAGES - CRITERIA

( EEC TREATY , FIRST AND SECOND PARAGRAPHS OF ART . 95 )

3 . TAX PROVISIONS - INTERNAL TAXATION - PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES - PROHIBITION OF DISCRIMINATION - ABSENCE OF ANY PROVISION IN THE EEC TREATY - POSSIBLE BASIS IN OTHER TREATIES

Summary

1 . ARTICLE 227 ( 2 ) OF THE EEC TREATY , INTERPRETED IN THE LIGHT OF ARTICLE 227 ( 1 ), MUST BE TAKEN TO MEAN THAT THE TAX PROVISIONS OF THE TREATY , IN PARTICULAR THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 95 , APPLY TO GOODS COMING FROM THE FRENCH OVERSEAS DEPARTMENTS .

2 . WHERE NATIONAL TAX LEGISLATION FAVOURS CERTAIN CLASSES OF PRODUCERS OR THE PRODUCTION OF CERTAIN TYPES OF SPIRITS BY MEANS OF TAX EXEMPTIONS OR THE GRANT OF REDUCED RATES OF TAXATION , EVEN IF SUCH ADVANTAGES BENEFIT ONLY A SMALL PROPORTION OF DOMESTIC PRODUCTION OR ARE GRANTED FOR SPECIAL SOCIAL REASONS , THOSE ADVANTAGES MUST BE EXTENDED TO IMPORTED COMMUNITY SPIRITS WHICH FULFIL THE SAME CONDITIONS , TAKING INTO ACCOUNT THE CRITERIA WHICH UNDERLIE THE FIRST AND SECOND PARAGRAPHS OF ARTICLE 95 OF THE EEC TREATY .

3 . THE EEC TREATY DOES NOT INCLUDE ANY RULE PROHIBITING DISCRIMINATION IN THE APPLICATION OF INTERNAL TAXATION TO PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES , SUBJECT HOWEVER TO ANY TREATY PROVISIONS WHICH MAY BE IN FORCE BETWEEN THE COMMUNITY AND THE COUNTRY OF ORIGIN OF A GIVEN PRODUCT .
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1 . COMMON CUSTOMS TARIFF - AGRICULTURAL PRODUCTS - CLASSIFICATION - TARIFF HEADINGS - APPLICATION IN DIFFERENT WAYS ACCORDING TO THE NATURE OF THE CHARGES TO BE PAID - NOT PERMISSIBLE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMPOUND FEEDING-STUFFS - TARIFF CLASSIFICATION - MILK PRODUCT CONTENT - METHOD OF CALCULATION LAID DOWN FOR THE FIXING OF THE LEVIES - APPLICATION FOR THE PURPOSES OF DETERMINING THE MONETARY COMPENSATORY AMOUNTS

( REGULATION NO 823/68 OF THE COUNCIL , ART . 11 ( 1 ); COMMON CUSTOMS TARIFF , TARIFF SUBHEADINGS 23.07 B I A 3 AND 23.07 B I A 4 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MONETARY COMPENSATORY AMOUNTS - PRODUCTS CONCERNED - TARIFF CLASSIFICATION MADE BY THE EXPORTING MEMBER STATE - NOT BINDING ON IMPORTING MEMBER STATE

Summary

1 . IN THE ABSENCE OF ANY EXPRESS PROVISION , THE HEADINGS OF THE COMMON CUSTOMS TARIFF CANNOT BE APPLIED IN DIFFERENT WAYS TO THE SAME PRODUCT DEPENDING ON WHETHER THEY ARE USED FOR THE CLASSIFICATION THEREOF IN CONNEXION WITH THE LEVYING OF CUSTOMS DUTIES , THE APPLICATION OF THE SYSTEM OF THE COMMON ORGANIZATIONS OF THE MARKET OR THE APPLICATION OF THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS .

2 . THE METHOD OF CALCULATING THE ' ' MILK PRODUCT ' ' CONTENT WHICH RESULTS FROM THE APPLICATION OF ARTICLE 11 ( 1 ) OF REGULATION NO 823/68 OF THE COUNCIL OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS IS DECISIVE WITH REGARD TO THE AMOUNT OF THE MONETARY COMPENSATORY AMOUNTS WHICH MUST BE CHARGED ON COMPOUND FEEDING-STUFFS COMING UNDER TARIFF SUBHEADINGS 23.07 B I A 3 OR 23.07 B I A 4 OF THE COMMON CUSTOMS TARIFF .

3 . WITHIN THE CONTEXT OF THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS , THE TARIFF CLASSIFICATION MADE BY THE EXPORTING MEMBER STATE IS NOT BINDING , IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW IN THAT RESPECT , ON THE AUTHORITIES OF THE IMPORTING MEMBER STATES .
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1 . REFERENCES FOR A PRELIMINARY RULING - RESPECTIVE POWERS OF THE COURT AND OF THE NATIONAL COURTS - DIVISION BY THE TREATY - MANDATORY NATURE

( EEC TREATY , ARTICLE 177 )

2 . EEC - ADMISSION OF NEW MEMBER STATES - CONDITIONS FOR ADMISSION - DEFINITION BY THE AUTORITIES REFERRED TO IN THE TREATY

( EEC TREATY , ARTICLE 237 )

Summary

1 . THE DIVISION OF POWERS BETWEEN THE COURT OF JUSTICE AND THE COURTS OF THE MEMBER STATES PROVIDED FOR IN ARTICLE 177 OF THE EEC TREATY IS MANDATORY ; IT CANNOT BE ALTERED , NOR CAN THE EXERCISE OF THOSE POWERS BE IMPEDED , IN PARTICULAR BY AGREEMENTS BETWEEN PRIVATE PERSONS TENDING TO COMPEL THE COURTS OF THE MEMBER STATES TO REQUEST A PRELIMINARY RULING , BY DEPRIVING THEM OF THE INDEPENDENT EXERCISE OF THE DISCRETION WHICH THEY ARE GIVEN BY THE SECOND PARAGRAPH OF ARTICLE 177 .

2 . ARTICLE 237 OF THE EEC TREATY LAYS DOWN A PRECISE PROCEDURE ENCOMPASSED WITHIN WELL-DEFINED LIMITS FOR THE ADMISSION OF NEW MEMBER STATES , DURING WHICH THE CONDITIONS OF ACCESSION ARE TO BE DRAWN UP BY THE AUTHORITIES INDICATED IN THE ARTICLE ITSELF ; THUS THE LEGAL CONDITIONS FOR SUCH ACCESSION REMAIN TO BE DEFINED WITHIN THE CONTEXT OF THAT PROCEDURE WITHOUT ITS BEING POSSIBLE TO DETERMINE THE CONTEXT JUDICIALLY IN ADVANCE .
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1 . AGRICULTURE - TRADE BETWEEN NEW MEMBER STATES AND THE ORIGINAL COMMUNITY - ' ' ACCESSION ' ' COMPENSATORY AMOUNTS - PURPOSE - COMMUNITY PREFERENCE

( ACT OF ACCESSION , ART . 55 )

2 . AGRICULTURE - GOODS EXPORTED FROM ONE OF THE ORIGINAL MEMBER STATES TO A NEW MEMBER STATE - DESTRUCTION IN TRANSIT - FORCE MAJEURE - ' ' ACCESSION ' ' COMPENSATORY AMOUNTS - GRANT - EXPORTER ' S ENTITLEMENT - ANALOGY WITH THE RULE ON EXPORT REFUNDS

( REGULATION NO 269/73 OF THE COMMISSION , ART . 5 ( 2 ); REGULATION NO 192/75 OF THE COMMISSION , ART . 6 ( 1 ))

Summary

1 . THE TEMPORARY SYSTEM OF ' ' ACCESSION ' ' COMPENSATORY AMOUNTS WAS INTENDED INTER ALIA TO ENSURE THAT THE PRINCIPLE OF COMMUNITY PREFERENCE WAS OBSERVED IN TRADE BETWEEN THE COMMUNITY AS ORIGINALLY CONSTITUTED AND THE NEW MEMBER STATES BEFORE THE FULL AND COMPLETE INTEGRATION OF THE LATTER INTO THE COMMON ORGANIZATION OF AGRICULTURAL PRODUCTS .

2 . BY ANALOGY WITH ARTICLE 6 ( 1 ) OF REGULATION NO 192/75 , ARTICLE 5 ( 2 ) OF REGULATION NO 269/73 OF THE COMMISSION IS TO BE INTERPRETED AS MEANING THAT WHERE GOODS EXPORTED FROM ONE OF THE ORIGINAL MEMBER STATES OF THE COMMUNITY TO A NEW MEMBER STATE HAVE PERISHED IN TRANSIT AS A RESULT OF FORCE MAJEURE , THE EXPORTER IS ENTITLED TO THE SAME COMPENSATORY AMOUNTS AS WOULD HAVE BEEN DUE TO HIM IF THE GOODS HAD REACHED THEIR DESTINATION AND IF IMPORT FORMALITIES HAD BEEN COMPLETED THERE .
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1 . GOODS - SLIDE FASTENERS - ORIGIN - DETERMINATION THEREOF - CRITERIA - COMMISSION REGULATION ( EEC ) NO 2067/77 , ART . 1 - INVALID

Summary

IN ADOPTING REGULATION ( EEC ) NO 2067/77 CONCERNING THE DETERMINATION OF THE ORIGIN OF SLIDE FASTENERS , THE COMMISSION EXCEEDED ITS POWER UNDER REGULATION ( EEC ) NO 802/68 OF THE COUNCIL . ARTICLE 1 OF REGULATION NO 2067/77 IS THEREFORE INVALID .
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APPLICATION FOR COMPENSATION - CONDUCT OF AN INSTITUTION - UNLAWFULNESS-ABSENCE - LIABILITY NOT INCURRED

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )
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1 . REFERENCES FOR A PRELIMINARY RULING - INTERPRETATION OF COMMUNITY LAW - RELEVANCE TO THE PROCEEDINGS BEFORE THE NATIONAL COURT - ASSESSMENT - JURISDICTION OF NATIONAL COURT

( EEC TREATY , ART . 177 )

2 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - INTERNAL TAXATION - DOMESTIC PRODUCTS MORE HEAVILY BURDENED THAN PRODUCTS IMPORTED FROM OTHER MEMBER STATES - ADMISSIBILITY

( EEC TREATY , ARTS . 37 AND 95 )

Summary

1 . IT IS FOR THE NATIONAL COURT PURSUANT TO THE SEPARATION OF JURISDICTION ON WHICH ARTICLE 177 OF THE TREATY IS BASED TO DECIDE HOW FAR THE INTERPRETATION OF COMMUNITY LAW IS NECESSARY FOR IT TO GIVE ITS JUDGMENT .

2 . WHETHER OR NOT A DOMESTIC PRODUCT IS SUBJECT TO A COMMERCIAL MONOPOLY , NEITHER ARTICLE 37 NOR ARTICLE 95 OF THE EEC TREATY PROHIBITS A MEMBER STATE FROM IMPOSING ON THAT DOMESTIC PRODUCT INTERNAL TAXATION IN EXCESS OF THAT IMPOSED ON SIMILAR PRODUCTS IMPORTED FROM OTHER MEMBER STATES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - CO-RESPONSIBILITY LEVY - LEGALITY

( COUNCIL REGULATION NO 1079/77 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - ' ' GREEN ' ' EXCHANGE RATES - SYSTEM - LEGALITY

( COUNCIL REGULATION NO 878/77 )

Summary

1 . THE VALIDITY OF COUNCIL REGULATION NO 1079/77 ON THE CHARGING OF A CO-RESPONSIBILITY LEVY IN THE MILK SECTOR CANNOT BE CONTESTED IN SO FAR AS , BY SEEKING TO RESTRAIN THE PRODUCTION OF MILK IN THE FACE OF THE SURPLUSES OBSERVED , THE SAID CO-RESPONSIBILITY LEVY CONTRIBUTES TO THE ATTAINMENT OF THE OBJECTIVE OF STABILIZING MARKETS AND IN SO FAR AS THE LEVEL OF THE RATE OF LEVY DOES NOT APPEAR TO BE DISPROPORTIONATE IN RELATION TO THE FACTS WHICH LED TO ITS ADOPTION .

2 . ALTHOUGH IN CERTAIN TRANSACTIONS THE APPLICATION OF THE SO-CALLED GREEN EXCHANGE RATES MAY POSSIBLY INVOLVE ADVANTAGES OR DISADVANTAGES WHICH MAY APPEAR AS DISCRIMINATION , IT NONE THE LESS REMAINS TRUE THAT IN GENERAL SUCH APPLICATION SERVES TO REMEDY MONETARY SITUATIONS WHICH IN THE ABSENCE OF A MEASURE SUCH AS REGULATION NO 878/77 WOULD RESULT IN MUCH MORE SERIOUS , OBVIOUS AND GENERAL DISCRIMINATION . ALTHOUGH IT IS NOT WITHOUT CERTAIN DRAWBACKS , THE ADOPTION OF THE SYSTEM OF THE SO-CALLED GREEN EXCHANGE RATES IS THEREFORE JUSTIFIED BY THE PROHIBITION ON DISCRIMINATION AND THE REQUIREMENTS OF A COMMON AGRICULTURAL POLICY .
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1 . AGRICULTURE - PROCESSED PRODUCTS - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITION - INCIDENCE OF COMPENSATORY AMOUNTS APPLICABLE TO BASIC PRODUCTS ON PRICE OF PROCESSED PRODUCTS

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ( 2 ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - GROUPS OF PRODUCTS - APPLICATION - COMMISSION - DISCRETION

Summary

1 . IN ORDER TO JUSTIFY THE APPLICATION OF COMPENSATORY AMOUNTS TO PROCESSED PRODUCTS , IT IS SUFFICIENT FOR THE COMPENSATORY AMOUNTS APPLICABLE TO THE BASIC PRODUCTS TO HAVE A CONSIDERABLE INCIDENCE ON THE PRICE OF THE PROCESSED PRODUCTS .

2 . THE COMMISSION IS NOT BOUND TO FIX COMPENSATORY AMOUNTS FOR ALL THE PRODUCTS IN A GROUP , BUT MAY ASSESS THE NEED TO APPLY COMPENSATORY AMOUNTS EITHER BY PRODUCTS OR BY GROUPS OF PRODUCTS .
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FREEDOM OF MOVEMENT FOR WORKERS - RESTRICTIONS IN PURSUANCE OF PENAL LEGISLATION - SITUATIONS DOMESTIC TO A MEMBER STATE - COMMUNITY LAW - NOT APPLICABLE

( EEC TREATY , ART . 48 )

Summary

THE APPLICATION BY AN AUTHORITY OR COURT OF A MEMBER STATE TO A WORKER WHO IS A NATIONAL OF THAT SAME STATE OF MEASURES WHICH DEPRIVE OR RESTRICT THE FREEDOM OF MOVEMENT OF THE PERSON CONCERNED WITHIN THE TERRITORY OF THAT STATE AS A PENAL MEASURE PROVIDED FOR BY NATIONAL LAW BY REASON OF ACTS COMMITTED WITHIN THE TERRITORY OF THAT STATE IS A WHOLLY DOMESTIC SITUATION WHICH FALLS OUTSIDE THE SCOPE OF THE RULES CONTAINED IN THE EEC TREATY ON FREEDOM OF MOVEMENT FOR WORKERS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - BENEFITS - OVERLAPPING - APPLICATION BY ANALOGY WITH PROVISIONS RELATIVE TO OLD-AGE AND DEATH BENEFITS - SCOPE OF ANALOGY

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 40 ( 1 ))

Summary

ARTICLE 40 ( 1 ) OF REGULATION NO 1408/71 OF THE COUNCIL MUST BE INTERPRETED AS MEANING THAT IT ALSO RELATES TO THE AWARD OF INVALIDITY BENEFITS IN A MEMBER STATE IN WHICH THE RIGHT TO SUCH BENEFITS HAS BEEN ACQUIRED BY A WORKER ON THE BASIS OF LEGISLATION OF THE TYPE REFERRED TO IN ARTICLE 37 ( 1 ) IN A CASE WHERE THE PERSON CONCERNED , BEFORE THE ACQUISITION OF SUCH RIGHT , HAD ALREADY BECOME ENTITLED , BY VIRTUE OF THE LEGISLATION OF ANOTHER MEMBER STATE NOT BEING OF THAT TYPE , TO AN OLD-AGE BENEFIT RESULTING FROM THE CONVERSION OF AN EARLIER INVALIDITY BENEFIT .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - PARTS AND FITTINGS OF FOUNTAIN PENS AND STYLOGRAPH PENS AND PENCILS WITHIN THE MEANING OF SUBHEADING 98.03 C II - CONCEPT

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - GENERAL RULE 2 ( A ) - SCOPE

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - GENERAL RULE 2 ( A ) - PARTS AND FITTINGS OF AN ARTICLE - CONCEPT

Summary

1 . IT IS CLEAR FROM THE GENERAL PLAN OF HEADING 98.03 OF THE COMMON CUSTOMS TARIFF AND FROM THE VERY CONCEPT OF ' ' PARTS AND FITTINGS ' ' THAT THAT TARIFF CATEGORY IMPLIES THE EXISTENCE , EVEN IF POSSIBLY ONLY IN THE FUTURE , OF A COMPLETE ARTICLE OF WHICH SUCH PIECES ARE FITTINGS OR PARTS . IT FOLLOWS THAT THE CONSTITUENT PARTS , DISASSEMBLED OR NOT YET ASSEMBLED , OF A COMPLETE ARTICLE , CANNOT BE CLASSIFIED AS ' ' PARTS AND FITTINGS ' ' , WITHIN THE MEANING OF SUBHEADING 98.03 C II , IN RESPECT OF THE COMPLETE ARTICLE OF WHICH THEY FORM THE TOTALITY OF THE COMPONENTS .

2 . GENERAL RULE 2 ( A ) FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF COVERS ARTICLES NOT YET ASSEMBLED AS WELL AS ARTICLES WHICH HAVE BEEN DISASSEMBLED . TO THE EXTENT TO WHICH THE PARTS NOT YET ASSEMBLED ALLOW OF THE ASSEMBLY OF A COMPLETE ARTICLE THEY ARE COVERED BY THE PROVISIONS GOVERNING THAT ARTICLE EVEN THOUGH THE COMMON CUSTOMS TARIFF CONTAINS A SPECIFIC HEADING FOR PARTS AND FITTINGS .

3 . GENERAL RULE 2 ( A ) FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT WHEN UNASSEMBLED PARTS OF AN ARTICLE ARE PRESENTED FOR CUSTOMS CLEARANCE ONLY ANY SURPLUS PARTS NOT ALLOWING OF THE ASSEMBLY OF A COMPLETE ARTICLE ARE TO BE REGARDED AS ' ' PARTS AND FITTINGS ' ' OF THE SAID ARTICLE WITHIN THE MEANING OF THE COMMON CUSTOMS TARIFF .