ddrg/super_eurlex huggingface dataset:
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1 . ANNULMENT OF MEASURES - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION AUTHORIZING A MEMBER STATE TO TAKE PROTECTIVE MEASURES - DECISION LIKELY TO BE OF DIRECT AND INDIVIDUAL CONCERN TO CERTAIN EXPORTERS BY REASON OF CONTRACTS PREVIOUSLY ENTERED INTO

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 )

2 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - FREE MOVEMENT OF GOODS - DEROGATIONS - STRICT INTERPRETATION - OBLIGATIONS OF THE COMMISSION

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 )

3 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - PROTECTIVE MEASURES - DISCRETION OF THE COMMISSION

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 )

Summary

1 . A COMMISSION DECISION UNDER ARTICLE 130 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC ADDRESSED TO A MEMBER STATE AND AUTHORIZING IT TO IMPOSE A SYSTEM OF QUOTAS ON IMPORTS FROM GREECE MAY BE OF DIRECT CONCERN TO GREEK EXPORTERS WHERE THERE CAN BE NO DOUBT AS TO THE INTENTION OF THE AUTHORITIES OF THE MEMBER STATE GRANTED THE AUTHORIZATION TO AVAIL THEMSELVES OF IT .

THOSE EXPORTERS WHO , AT THE TIME WHEN THE DECISION WAS ADOPTED , WERE PARTY TO CONTRACTS FOR THE SALE OF THE PRODUCT IN QUESTION TO THE MEMBER STATE GRANTED THE AUTHORIZATION , TO BE PERFORMED DURING ITS PERIOD OF APPLICATION , MAY BE REGARDED AS INDIVIDUALLY CONCERNED , AS MEMBERS OF A LIMITED GROUP OF TRADERS IDENTIFIED OR IDENTIFIABLE BY THE COMMISSION , HAVING REGARD TO THE REQUIREMENTS IN RELATION TO PRELIMINARY ENQUIRIES OF ARTICLE 130 ( 3 ), AND PARTICULARLY AFFECTED BY THE DECISION AT ISSUE .

2 . A PROVISION SUCH AS ARTICLE 130 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC WHICH PERMITS THE AUTHORIZATION OF PROTECTIVE MEASURES WITH REGARD TO A MEMBER STATE WHICH DEROGATE , EVEN TEMPORARILY AND IN RESPECT OF CERTAIN PRODUCTS ONLY , FROM THE RULES RELATING TO THE FREE MOVEMENT OF GOODS MUST , LIKE ANY PROVISION OF THAT NATURE , BE INTERPRETED STRICTLY .

IN ORDER TO ASCERTAIN WHETHER THE MEASURE WHOSE AUTHORIZATION IS BEING CONSIDERED MEETS THE CONDITIONS LAID DOWN IN ARTICLE 130 ( 3 ) THE COMMISSION MUST ALSO TAKE INTO ACCOUNT THE SITUATION IN THE MEMBER STATE WITH REGARD TO WHICH THE PROTECTIVE MEASURE IS REQUESTED , AND MUST IN PARTICULAR , IN SO FAR AS THE CIRCUMSTANCES OF THE CASE PERMIT , INQUIRE INTO THE NEGATIVE EFFECTS WHICH ITS DECISION MIGHT HAVE ON THE ECONOMY OF THAT MEMBER STATE AS WELL AS ON THE UNDERTAKINGS CONCERNED .

3 . IN THE APPLICATION OF ARTICLE 130 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC THE COMMISSION HAS A WIDE DISCRETION IN DETERMINING WHETHER THE CONDITIONS JUSTIFYING THE ADOPTION OF A PROTECTIVE MEASURE ARE PRESENT . ALTHOUGH THAT ARTICLE LAYS DOWN TWO DISTINCT CONDITIONS UNDER WHICH THE COMMISSION MAY AUTHORIZE A PROTECTIVE MEASURE REQUESTED BY A MEMBER STATE , IT IS QUITE ENTITLED TO TAKE INTO ACCOUNT IN A GENERAL MANNER FACTORS RELATING TO ONE OR THE OTHER OF THOSE CONDITIONS IN ORDER TO ARRIVE AT THE CONCLUSION THAT THE REQUEST IS JUSTIFIED .
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OFFICIALS - RECRUITMENT - COMPETITION - ORGANIZATION - RULES AND CONDITIONS - DETERMINATION - DISCRETION OF THE ADMINISTRATION

Summary

THE APPOINTING AUTHORITY ENJOYS A WIDE DISCRETION IN DECIDING UPON THE CRITERIA OF ABILITY REQUIRED FOR THE POSTS TO BE FILLED AND IN DETERMINING THE RULES AND CONDITIONS UNDER WHICH A COMPETITION IS ORGANIZED IN THE LIGHT OF THOSE CRITERIA AND IN THE INTERESTS OF THE SERVICE .
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1 . OFFICIALS - ACTIONS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 179 )

2 . OFFICIALS - SALARIES - PAYMENT TO SPECIAL CONVERTIBLE FOREIGN ACCOUNTS - USE OF THE FUNDS CREDITED TO SUCH ACCOUNTS - CONDITIONS LAID DOWN BY THE INSTITUT BELGO- LUXEMBOURGEOIS DES CHANGES - COMPATIBILITY WITH THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES ART . 12 ( C ))

Summary

1 . IN AN ACTION BROUGHT BY AN OFFICIAL UNDER ARTICLE 179 OF THE EEC TREATY THE COURT CANNOT DETERMINE WHETHER OR NOT A MEMBER STATE HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY OR RULE WHETHER THE COMMISSION HAS PROPERLY DISCHARGED THE SUPERVISORY DUTIES INCUMBENT UPON IT UNDER INTER ALIA ARTICLE 155 OF THE EEC TREATY .

2 . BY THE MEASURES ADOPTED ON 1 JUNE 1982 , THE BELGIAN AND LUXEMBOURG MONETARY AUTHORITIES , ACTING IN ACCORDANCE WITH THE SPIRIT OF THE PROTOCOL ON PRIVILEGES AND IMMUNITIES , FULLY RESTORED THE POSSIBILITY FOR OFFICIALS OF OTHER THAN BELGIAN OR LUXEMBOURG NATIONALITY TO PURCHASE ON THE REGULATED MARKET ALL THE FOREIGN CURRENCY NEEDED TO COVER THEIR EXPENDITURE OUTSIDE THE TERRITORY OF THE BELGO-LUXEMBOURG ECONOMIC UNION , ON THE SOLE CONDITION THAT THEY ABSTAIN FROM ALL CURRENCY TRANSACTIONS DESIGNED TO INCREASE THE VALUE IN BELGIAN OR LUXEMBOURG FRANCS OF MEANS OF PAYMENT INTENDED TO COVER THEIR EXPENDITURE WITHIN THE TERRITORY OF THE BELGO-LUXEMBOURG ECONOMIC UNION AND THAT THEY BE SUBJECT TO THE CONTROL OF THE MONETARY AUTHORITIES IN THAT REGARD . IT IS BY NO MEANS POSSIBLE FOR THAT CONDITION TO AFFECT OFFICIALS IN SUCH A WAY THAT THE INTERESTS OF THE COMMUNITIES ARE HARMED .
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1 . ECSC - PRINCIPLES - FREE MOVEMENT OF PRODUCTS - EXTENT - PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES AND RELEASED INTO FREE CIRCULATION IN A MEMBER STATE - INCLUSION

( ECSC TREATY , ART . 4 ( A ))

2 . ECSC - PRINCIPLES - FREE MOVEMENT OF PRODUCTS - LIMITATIONS

( ECSC TREATY , ART . 4 ( A ))

3 . ECSC - COMMERCIAL POLICY - IMPORTATION OF COAL ADVERSELY AFFECTING COMMUNITY PRODUCTION - POWERS OF THE HIGH AUTHORITY - DEPARTURE FROM THE PRINCIPLE OF THE FREE MOVEMENT OF PRODUCTS - WHETHER PERMISSIBLE

( ECSC TREATY , ART . 4 ( A ) AND SUBPARAGRAPH ( 3 ) OF FIRST PARAGRAPH OF ART . 74 ; RECOMMENDATIONS OF THE HIGH AUTHORITY OF 28 JANUARY 1959 AND 30 OCTOBER 1962 )

4 . ECSC - COMMERCIAL POLICY - IMPORTATION OF COAL ADVERSELY AFFECTING COMMUNITY PRODUCTION - RECOMMENDATION OF THE HIGH AUTHORITY PROPOSING THAT A MEMBER STATE SHOULD INTRODUCE CUSTOMS DUTIES - VALIDITY - DURATION - EFFECTS

( ECSC TREATY , ART . 4 ( A ) AND SUBPARAGRAPH ( 3 ) OF FIRST PARAGRAPH OF ART . 74 ; RECOMMENDATION OF THE HIGH AUTHORITY OF 28 JANUARY 1959 )

Summary

1 . UNDER THE PROVISIONS OF THE ECSC TREATY THE PRINCIPLE OF FREE MOVEMENT NECESSARILY EXTENDS TO PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES AND RELEASED INTO FREE CIRCULATION IN A MEMBER STATE . THE ECSC DOES NOT CONSTITUTE A FREE-TRADE AREA IN WHICH THE ORIGIN OF A PRODUCT IS A DETERMINING FACTOR , BUT IS MORE AKIN IN ITS STRUCTURE TO THE PRINCIPLE OF A CUSTOMS UNION .

2 . WHILST ARTICLE 4 ( A ) OF THE ECSC TREATY LAYS DOWN A PRINCIPLE OF FREE MOVEMENT OF PRODUCTS , UNLIKE ARTICLE 9 OF THE EEC TREATY , WHICH DOES NOT REFER TO ANY LIMITATION , IT SPECIFIES THAT IMPORT DUTIES AND OTHER RESTRICTIONS ARE RECOGNIZED AS INCOMPATIBLE WITH THE COMMON MARKET FOR COAL AND STEEL AND ARE ACCORDINGLY TO BE ABOLI- SHED AND PROHIBITED WITHIN THE COMMUNITY , ' ' AS PROVIDED IN THIS TREATY ' ' . IT IS APPARENT FROM THAT RESERVATION THAT THE PRINCIPLE OF FREE MOVEMENT MAY , UNDER THE ECSC TREATY , BE SUBJECT TO LIMITATIONS IN THE CIRCUMSTANCES ENVISAGED THEREIN .

3 . SINCE THE CONDITIONS IN SUBPARAGRAPH ( 3 ) OF THE FIRST PARAGRAPH OF ARTICLE 74 WERE SATISFIED , THE HIGH AUTHORITY WAS EMPOWERED TO AUTHORIZE A MEMBER STATE , BY WAY OF A RECOMMENDATION , TO DEPART FROM THE PRINCIPLE LAID DOWN BY ARTICLE 4 ( A ) OF THE TREATY WITH REGARD TO COAL IMPORTED FROM NON-MEMBER COUNTRIES AND RELEASED INTO FREE CIRCULATION IN ANOTHER MEMBER STATE .

4 . THE RECOMMENDATION OF THE HIGH AUTHORITY OF 28 JANUARY 1959 , PROPOSING THAT THE FEDERAL REPUBLIC OF GERMANY SHOULD INTRODUCE TEMPORARY CUSTOMS DUTIES , SUBJECT TO CERTAIN CONDITIONS , ON COAL ORIGINATING IN NON-MEMBER COUNTRIES MUST BE REGARDED AS VALID FROM ITS DATE OF ADOPTION UNTIL 1978 INCLUSIVE , SINCE THERE WAS NO REVERSAL OF TRENDS SUCH AS TO PUT AN END TO THE CIRCUMSTANCES WHICH HAD JUSTIFIED THE ADOPTION OF THAT RECOMMENDATION . THAT RECOMMENDATION MAY , THEREFORE , FOR THE PERIOD IN QUESTION , SERVE AS A LEGAL BASIS FOR NATIONAL RULES PROVIDING FOR THE CHARGING OF A DIFFERENTIAL CUSTOMS DUTY ON COAL ORIGINATING IN A NON-MEMBER COUNTRY AND IMPORTED AFTER ITS RELEASE INTO FREE CIRCULATION IN ANOTHER MEMBER STATE .
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1 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT

2.PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - ACTION BARRED - CASE OF FORCE MAJEURE - CONCEPT - LIMITS

( STATUTE OF THE COURT OF JUSTICE OF THE ECSC , ART . 39 , FIRST AND THIRD PARAS ).

Summary

1 . DISREGARDING THE SPECIAL FEATURES OF THE SPECIFIC AREAS IN WHICH IT IS USED , THE CONCEPT OF FORCE MAJEURE ESSENTIALLY COVERS CIRCUMSTANCES WHICH MAKE IT IMPOSSIBLE FOR THE RELEVANT ACTION TO BE CARRIED OUT . EVEN THOUGH IT DOES NOT PRESUPPOSE ABSOLUTE IMPOSSIBILITY , IT NEVERTHELESS REQUIRES ABNORMAL DIFFICULTIES , INDEPENDENT OF THE WILL OF THE PERSON CONCERNED , AND APPARENTLY INEVITABLE EVEN IF ALL DUE CARE IS TAKEN .

2 . THE FACT THAT THE SOLE DIRECTOR OF AN UNDERTAKING WHICH HAS CLOSED DOWN BECAUSE OF ECONOMIC DIFFICULTIES WAS ABSENT FOR PERSONAL REASONS WITHOUT TAKING THE NECESSARY ADMINISTRATIVE MEASURES DURING HIS ABSENCE CANNOT BE REGARDED AS A CASE OF FORCE MAJEURE WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 39 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC SO AS TO JUSTIFY FAILURE TO COMPLY WITH THE FIRST PARAGRAPH OF THAT ARTICLE .
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1 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - BENEFICIARIES - DEPENDENT RELATIVES IN THE ASCENDING LINE OF THE WORKER

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - CONCEPT - GUARANTEED INCOME FOR OLD PERSONS

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

3.FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - GUARANTEED INCOME FOR OLD PERSONS - GRANT THEREOF TO DEPENDENT RELATIVES IN THE ASCENDING LINE OF THE WORKER - EXISTENCE OF A RECIPROCAL AGREEMENT - NOT NECESSARY

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . THE EQUALITY OF TREATMENT PROVIDED FOR IN ARTICLE 7 OF REGULATION NO 1612/68 IS ALSO INTENDED TO PREVENT DISCRIMINATION AGAINST A WORKER ' S DEPENDENT RELATIVES IN THE ASCENDING LINE .

2.THE CONCEPT OF SOCIAL ADVANTAGE REFERRED TO IN ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 INCLUDES ALL ADVANTAGES WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND THE EXTENSION OF WHICH TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY . THAT DEFINITION OF THE CONCEPT OF SOCIAL ADVANTAGE COVERS THE INCOME GUARANTEED TO OLD PEOPLE BY THE LEGISLATION OF A MEMBER STATE .

3.ARTILE 7 ( 2 ) OF REGULATION NO 1612/68 MUST BE INTERPRETED AS MEANING THAT THE GRANT OF A SOCIAL ADVANTAGE , SUCH AS THE INCOME GUARANTEED TO OLD PEOPLE BY THE LEGISLATION OF A MEMBER STATE , TO DEPENDENT RELATIVES IN THE ASCENDING LINE OF A WORKER CANNOT BE CONDITIONAL ON THE EXISTENCE OF A RECIPROCAL AGREEMENT BETWEEN THAT MEMBER STATE AND THE MEMBER STATE OF WHICH SUCH A RELATIVE IS A NATIONAL .
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TRANSPORT - ROAD TRANSPORT - SOCIAL LEGISLATION - DEROGATIONS - SPECIALIZED VEHICLES FOR DOOR-TO-DOOR SELLING - CONCEPTS OF ' ' SPECIALIZED VEHICLE ' ' AND ' ' DOOR-TO-DOOR SELLING ' '

( REGULATION NO 543/69 OF THE COUNCIL , ART . 14A ( 3 ) ( A ), AS AMENDED BY REGULATIONS NOS 515/72 AND 2827/77 )

Summary

1 . THE TERM ' ' SPECIALIZED VEHICLE ' ' FOR CERTAIN TYPES OF TRANSPORT OPERATIONS WITHIN THE MEANING OF ARTICLE 14A ( 3 ) ( A ) OF REGULATION NO 543/69 OF THE COUNCIL ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT AS AMENDED BY REGULATIONS NOS 515/72 AND 2827/77 , IS INTENDED TO COVER EXCLUSIVELY VEHICLES WHOSE CONSTRUCTION , FITMENTS OR OTHER PERMANENT CHARACTERISTICS GUARANTEE THAT THEY ARE USED PRIMARILY FOR ONE OF THOSE OPERATIONS , SUCH AS DOOR-TO-DOOR SELLING .

2 . THE ACTIVITY OF ' ' DOOR-TO DOOR SELLING ' ' WITHIN THE MEANING OF THE AFOREMENTIONED ARTICLE 14A ( 3 ) ( A ) MAY CONSIST OF CALLS ON POTENTIAL WHOLESALE CUSTOMERS , SUCH AS SHOPS , WORKS CANTEENS , OLD-PEOPLE ' S HOMES OR SUPERMARKETS PROVIDED THAT THE ACTIVITY OF SELLING IS CHARACTERIZED BY FREQUENT STOPS BY THE SPECIALIZED VEHICLE .
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AGRICULTURE - COMMON AGRICULTURAL POLICY - FOOD AID - IMPLEMENTATION BY THE NATIONAL INTERVENTION AGENCIES - CONTRACTUAL AND NON-CONTRACTUAL LIABILITY - DETERMINATION ACCORDING TO NATIONAL LAW

( REGULATIONS NOS 2681/74 AND 2750/75 OF THE COUNCIL ; COMMISSION DECISION 76/748 OF 10 SEPTEMBER 1976 )

Summary

WITH REGARD TO THE COMMON AGRICULTURAL POLICY , THE QUESTION OF COMPENSATION BY A NATIONAL AGENCY FOR DAMAGE CAUSED TO PRIVATE INDIVIDUALS BY THE AGENCIES AND SERVANTS OF MEMBER STATES , EITHER BY REASON OF AN INFRINGEMENT OF COMMUNITY LAW OR BY AN ACT OR OMISSION CONTRARY TO NATIONAL LAW , IN THE APPLICATION OF COMMUNITY LAW , IS ENTIRELY A MATTER FOR THE MEMBER STATE OR THE AGENCY ACTING ON ITS BEHALF AND MUST BE DETERMINED BY THE NATIONAL COURTS IN ACCORDANCE WITH THE NATIONAL LAW OF THE MEMBER STATE CONCERNED , WITHOUT PREJUDICE TO THE POSSIBILITY OF THOSE COURTS SUBMITTING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY .

THE SAME PRINCIPLES MUST BE APPLIED TO CONTRACTUAL LIABILITY WHERE THE NATIONAL INTERVENTION AGENCIES CONCLUDE CONTRACTS FOR THE PURPOSE OF GIVING EFFECT TO COMMUNITY LAW REGARDING FOOD AID . CONSEQUENTLY , ACCORDING TO THE PROVISIONS OF COMMUNITY LAW REGARDING FOOD AID IN FORCE AT THE TIME OF THE COMMISSION DECISION OF 10 SEPTEMBER 1976 , ONLY THE NATIONAL INTERVENTION AGENCY OF THE MEMBER STATE CONCERNED , WHICH WAS RESPONSIBLE FOR CARRYING OUT AND SUPERVISING FOOD-AID OPERATIONS DECIDED ON BY THE COMMISSION , CAN BE HELD LIABLE TO THE UNDERTAKING TO WHICH IT HAS , BY CONTRACT , DELEGATED THE ACTUAL IMPLEMENTATION OF THE OPERATIONS FOR ANY DAMAGE SUFFERED BY THE LATTER IN THE COURSE OF CARRYING OUT THAT FOOD-AID OPERATION , EVEN THOUGH THE FINANCIAL BURDEN OF THE FOOD-AID OPERATION MUST ULTIMATELY BE BORNE BY THE COMMUNITY .
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1 . AGRICULTURE - MONETARY MEASURES - ALTERATION IN THE VALUE OF THE CURRENCIES COMPRISING THE ECU - ANNUAL REVIEW OF AGRICULTURAL PRICES - EXPORTS REFUNDS - CANCELLATION OF ADVANCE FIXING - NO

( COUNCIL REGULATION NO 1134/68 , ARTS . 1 AND 4 ( 1 ))

2 . AGRICULTURE - MONETARY MEASURES - ALTERATION IN THE REPRESENTATIVE RATES - EXPORT REFUNDS - CANCELLATION OF ADVANCE FIXING - DISADVANTAGE FOR THE EXPORTER - CALCULATION THEREOF

( COUNCIL REGULATION NO 878/77 , ART . 4 ; COMMISSION REGULATION NO 1054/78 , ART . 1 ( 1 ))

Summary

1 . ARTICLES 1 AND 4 ( 1 ) OF COUNCIL REGULATION NO 1134/68 GIVE NO RIGHT TO THE CANCELLATION OF THE ADVANCE FIXING OF EXPORT REFUNDS AND OF THE CERTIFICATE ATTESTING THERETO EITHER IN THE CASE OF AN ALTERATION IN THE VALUE OF THE CURRENCIES COMPOSING THE ECU INTER SE AND IN RELATION TO THE ECU OR IN THE CASE OF THE FIXING AFRESH OF THE TARGET AND INTERVENTION PRICES OR EXPORT REFUNDS IN THE SECTOR CONCERNED IN SO FAR AS THE NEW RATES AND PRICES ARE FIXED AS PART OF THE ANNUAL REVIEW OF AGRICULTURAL PRICES IN THE COMMON ORGANIZATION OF THE MARKETS .

2.IN CALCULATING THE DISADVANTAGE , WITH A VIEW TO CANCELLING ADVANCE FIXING , FOR THE PURPOSES OF ARTICLE 4 OF COUNCIL REGULATION NO 878/77 IN CONJUNCTION WITH ARTICLE 1 ( 1 ) OF COMMISSION REGULATION NO 1054/78 , NO ACCOUNT MUST BE TAKEN EITHER OF MONETARY COMPENSATORY AMOUNTS NOT FIXED IN ADVANCE OR OF THE PURCHASE PRICE .
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1 . 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 ))

2 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - APPLICATION TO OBLIGATIONS OF THE TRANSFEROR ARISING BEFORE THE TRANSFER

( COUNCIL DIRECTIVE NO 77/187 , ART . 3 ( 1 ))

Summary

1 . 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 .

2 . ARTICLE 3 ( 1 ) OF DIRECTIVE NO 77/187 MUST BE INTERPRETED AS COVERING OBLIGATIONS OF THE TRANSFEROR RESULTING FROM A CONTRACT OF EMPLOYMENT OR AN EMPLOYMENT RELATIONSHIP AND ARISING BEFORE THE DATE OF THE TRANSFER , SUBJECT ONLY TO THE EXCEPTIONS PROVIDED FOR IN ARTICLE 3 ( 3 ).
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1 . OFFICIALS - RECRUITMENT - PROMOTION - CLASSIFICATION IN STEP - DIFFERENT RULES FOR CLASSIFICATION - RESPECTIVE PURPOSES

( STAFF REGULATIONS , ARTS 32 AND 46 )

2 . OFFICIALS - ADVANCEMENT TO A HIGHER CATEGORY - CLASSIFICATION IN STEP - APPLICABLE RULES - RULES ON PROMOTION

( STAFF REGULATIONS , ARTS 32 , 45 AND 46 )

Summary

1 . THE PROVISIONS OF THE STAFF REGULATIONS GOVERNING CLASSIFICATION IN STEP ON RECRUITMENT ARE INTENDED IN PARTICULAR TO LEAVE OPEN THE POSSIBILITY FOR THE APPOINTING AUTHORITY TO TAKE INTO ACCOUNT , ALBEIT WITHIN RATHER STRICT LIMITS , TRAINING AND PROFESSIONAL EXPERIENCE ACQUIRED BY A CANDIDATE BEFORE HE TAKES UP HIS DUTIES AS A COMMUNITY OFFICIAL . ON THE OTHER HAND , THE PROVISIONS GOVERNING CLASSIFICATION IN STEP ON PROMOTION ARE INTENDED , IN PARTICULAR , TO ENSURE THE GREATEST POSSIBLE CONTINUITY REGARDING AN OFFICIAL ' S SENIORITY AND SALARY AS HIS CAREER DEVELOPS .

2 . THE CLASSIFICATION IN STEP OF AN OFFICIAL MOVING FROM ONE CATEGORY TO ANOTHER MUST , AS A GENERAL RULE , BE BASED ON THE PRINCIPLES LAID DOWN IN THE PROVISIONS OF THE STAFF REGULATIONS WHICH ARE APPLICABLE IN THE CASE OF PROMOTION .
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OFFICIALS - ASSESSMENT - STAFF REPORTS - OBLIGATIONS OF THE FIRST ASSESSOR AND APPEAL ASSESSOR - BREACH OF OBLIGATION TO OBTAIN INFORMATION AND TO CONSULT - INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENT

( STAFF REGULATIONS , ART . 43 )
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1 . MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - REGULATIONS - MANAGEMENT OF THE COMMON MARKET ORGANIZATIONS - MANAGEMENT COMMITTEE PROCEDURE - DISCREPANCY BETWEEN THE PROPOSALS OF THE COMMISSION AND THE PROVISIONS ADOPTED BY IT - NO EFFECT ON THE LEGALITY OF THE REGULATION ADOPTED

( COUNCIL REGULATION NO516/77 , ART . 20 ; COMMISSION REGULATION NO 1963/81 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - AID FOR PRODUCERS OF TOMATO CONCENTRATES - INCLUSION OF PACKAGING COSTS - USE OF UNIFORM COEFFICIENTS FOR ALL COMMUNITY PRODUCERS WITHIN AN AID SCHEME WHICH DIFFERENTIATES BETWEEN MEMBER STATES - NOT PERMITTED

( EEC TREATY , SECOND AND THIRD PARAGRAPHS OF ARTICLE 40 ( 3 ); COMMISSION REGULATIONS NOS 1962/81 AND 1602/82 )

3 . NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE - LIABILITY ON THE PART OF THE COMMUNITY - CONDITIONS - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW - TECHNICAL ERROR - NO LIABILITY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 215 )

Summary

1 . WHEN CONTESTING THE LEGALITY OF A COMMISSION REGULATION ADOPTED IN CONNECTION WITH THE MANAGEMENT OF A COMMON MARKET ORGANIZATION BY THE ' MANAGEMENT COMMITTEE PROCEDURE ' , AN APPLICANT IS NOT ENTITLED TO RELY ON A DISCREPANCY BETWEEN THE PROVISIONS ADOPTED AND THE PRELIMINARY DOCUMENTS REFLECTING THE PROPOSALS WHICH WERE ORIGINALLY REFERRED TO THE MANAGEMENT COMMITTEE . THE INFORMATION CONTAINED IN PRELIMINARY DOCUMENTS MAY NOT BE ELEVATED TO THE STATUS OF A RULE OF LAW ON THE BASIS OF WHICH CRITICISM MAY BE DIRECTED AT THE DECISION ULTIMATELY ADOPTED BY THE COMMISSION IN THAT PROCEDURE .

2 . THE SYSTEM OF COEFFICIENTS APPLIED , IN ORDER TO TAKE ACCOUNT OF PACKAGING COSTS , TO PRODUCTION AID FOR TOMATO CONCENTRATES AND FIXED BY COMMISSION REGULATIONS NOS 1962/81 AND 1602/82 IN RESPECT OF THE 1981/82 AND THE 1982/83 MARKETING YEARS RESPECTIVELY IS UNLAWFUL INASMUCH AS IT LEADS TO INADEQUATE COMPENSATION FOR GREEK PRODUCERS FOR THE EXTRA PACKAGING COSTS ENTAILED BY THE USE OF PACKAGING WHICH DIFFERS FROM THE STANDARD PACKAGING ENVISAGED BY THE COMMISSION REGULATION FIXING DIFFERENT LEVELS OF AID FOR GREECE AND FOR THE OTHER MEMBER STATES .

3 . THE COMMUNITY DOES NOT INCUR LIABILITY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . THE FINDING THAT A LEGISLATIVE MEASURE IS VOID IS INSUFFICIENT TO GIVE RISE TO SUCH LIABILITY , SINCE INDIVIDUALS MAY BE REQUIRED TO ACCEPT WITHIN REASONABLE LIMITS CERTAIN HARMFUL EFFECTS ON THEIR ECONOMIC INTERESTS AS A RESULT OF A LEGISLATIVE MEASURE , EVEN IF IT HAS BEEN DECLARED VOID . THERE CAN BE NO QUESTION OF INDEMNIFICATION UNLESS THE INSTITUTION CONCERNED HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS . THOSE CONDITIONS ARE NOT FULFILLED IN THE CASE OF A TECHNICAL ERROR COMMITTED BY THE COMMISSION IN THE MANAGEMENT OF A COMMON MARKET ORGANIZATION , WHICH ERROR , ALTHOUGH LEADING IN FACT TO UNEQUAL TREATMENT FOR CERTAIN PRODUCERS , DID NOT CONSTITUTE A SERIOUS BREACH OF A SUPERIOR RULE OF LAW .