ddrg/super_eurlex huggingface dataset:
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PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - MEMBERS OF THE EUROPEAN PARLIAMENT - FLAT-RATE TRAVEL AND SUBSISTENCE ALLOWANCES PAID FROM COMMUNITY FUNDS - RIGHT OF THE MEMBER STATES TO IMPOSE TAX LIMITS - LUMP-SUM REIMBURSEMENT CONSTITUTING IN PART REMUNERATION - COMMUNITY CRITERIA FOR ASSESSMENT

( EEC TREATY , ART . 5 ; PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , FIRST PARAGRAPH OF ARTICLE 8 )

Summary

THE MEMBER STATES , WHICH IN THE PRESENT STATE OF COMMUNITY LAW ARE ENTITLED TO TAX ANY EMOLUMENTS DERIVED BY MEMBERS OF THE EUROPEAN PARLIAMENT FROM THE EXERCISE OF THEIR MANDATES , MUST OBSERVE THE LIMITS PLACED UPON THEM IN PARTICULAR BY ARTICLE 5 OF THE EEC TREATY , THE OBLIGATION UNDER WHICH PROVISION INCLUDES THE DUTY NOT TO TAKE MEASURES WHICH ARE LIKELY TO INTERFERE WITH THE INTERNAL FUNCTIONING OF THE INSTITUTIONS OF THE COMMUNITY AND BY THE FIRST PARAGRAPH OF ARTICLE 8 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , THE EFFECT OF WHICH IS TO PROHIBIT MEMBER STATES FROM IMPOSING INTER ALIA BY THEIR PRACTICES IN MATTERS OF TAXATION , ADMINISTRATIVE RESTRICTIONS ON THE FREE MOVEMENT OF MEMBERS OF THE PARLIAMENT .

THE NATIONAL AUTHORITIES ARE THUS BOUND TO RESPECT THE DECISION TAKEN BY THE PARLIAMENT TO REFUND TRAVEL AND SUBSISTENCE EXPENSES TO ITS MEMBERS ON A LUMP-SUM BASIS , A DECISION WHICH FALLS WITHIN THE SCOPE OF MEASURES OF INTERNAL ORGANIZATION WHOSE ADOPTION IS A MATTER FOR THE PARLIAMENT . HOWEVER , IN SO FAR AS THE LUMP SUM FIXED FOR THE ALLOWANCES IS EXCESSIVE AND IN REALITY CONSTITUTES IN PART DISGUISED REMUNERATION AND NOT REIMBURSEMENT OF EXPENSES , THE MEMBER STATES ARE ENTITLED TO CHARGE SUCH REMUNERATION TO NATIONAL INCOME TAX .

CONSEQUENTLY COMMUNITY LAW PROHIBITS THE IMPOSITION OF NATIONAL TAX ON LUMP-SUM PAYMENTS MADE BY THE EUROPEAN PARLIAMENT TO ITS MEMBERS FROM COMMUNITY FUNDS BY WAY OF REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES , UNLESS IT CAN BE SHOWN IN ACCORDANCE WITH COMMUNITY LAW THAT SUCH LUMP-SUCH REIMBURSEMENT CONSTITUTES IN PART REMUNERATION .
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FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF THE HEALTH OF HUMANS - RULES GOVERNING APPROVAL OF PLANT PROTECTION PRODUCTS - REQUIREMENT OF APPROVAL FOR IMPORTED PRODUCTS WHICH HAVE ALREADY BEEN APPROVED IN ANOTHER MEMBER STATE - WHETHER PERMISSIBLE - LIMITS

( EEC TREATY , ARTS 30 AND 36 )

Summary

IT FOLLOWS FROM ARTICLE 30 IN CONJUNCTION WITH ARTICLE 36 OF THE EEC TREATY THAT A MEMBER STATE IS NOT PROHIBITED FROM REQUIRING PLANT PROTECTION PRODUCTS TO BE SUBJECT TO PRIOR APPROVAL , EVEN IF THOSE PRODUCTS HAVE ALREADY BEEN APPROVED IN ANOTHER MEMBER STATE . THE AUTHORITIES OF THE IMPORTING STATE ARE HOWEVER NOT ENTITLED UNNECESSARILY TO REQUIRE TECHNICAL OR CHEMICAL ANALYSES OR LABORATORY TESTS WHEN THE SAME ANALYSES OR TESTS HAVE ALREADY BEEN CARRIED OUT IN ANOTHER MEMBER STATE AND THEIR RESULTS ARE AVAILABLE TO THOSE AUTHORITIES OR MAY AT THEIR REQUEST BE PLACED AT THEIR DISPOSAL .

A MEMBER STATE OPERATING AN APPROVALS PROCEDURE MUST ENSURE THAT NO UNNECESSARY CONTROL EXPENSES ARE INCURRED IF THE PRACTICAL EFFECTS OF THE CONTROL CARRIED OUT IN THE MEMBER STATE OF ORIGIN SATISFY THE REQUIREMENTS OF THE PROTECTION OF PUBLIC HEALTH IN THE IMPORTING MEMBER STATE . ON THE OTHER HAND , THE MERE FACT THAT THOSE EXPENSES WEIGH MORE HEAVILY ON A TRADER MARKETING SMALL QUANTITIES OF AN APPROVED PRODUCT THAN ON HIS COMPETITOR WHO MARKETS MUCH GREATER QUANTITIES DOES NOT JUSTIFY THE CONCLUSION THAT SUCH EXPENSES CONSTITUTE ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION WITHIN THE MEANING OF ARTICLE 36 .
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1 . OFFICIALS - PROMOTION - DISCRETION OF THE APPOINTING AUTHORITY - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

2 . OFFICIALS - EMPLOYMENT - POSTS IN GRADES C 3/C 2 - REQUIREMENT OF SHORTHAND PROFICIENCY - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ANNEX I )

3 . OFFICIALS - PROMOTION - CONDITION - SHORTHAND PROFICIENCY - TYPIST APPOINTED TO A POST FOR WHICH THE FIRST WORKING LANGUAGE IS NOT THE MOTHER TONGUE ( A NON-COMMUNITY LANGUAGE ) - OBLIGATION TO TAKE INTO ACCOUNT SHORTHAND SKILLS IN MOTHER TONGUE - ABSENCE - PRINCIPLE OF EQUALITY OF TREATMENT - LACK OF RELEVANCE

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

Summary

1 . IN ORDER TO EVALUATE THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO ACCOUNT IN CONNECTION WITH THE DECISION ON PROMOTION PROVIDED FOR IN ARTICLE 45 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY HAS A WIDE DISCRETION AND IN THAT RESPECT THE COURT ' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER , REGARD BEING HAD TO THE BASES AND PROCEDURES AVAILABLE TO THE ADMINISTRATION FOR ITS ASSESSMENT , IT HAS REMAINED WITHIN THE PROPER BOUNDS AND HAS NOT USED ITS AUTHORITY IN A MANIFESTLY INCORRECT MANNER .

2 . THE PRINCIPLE THAT KNOWLEDGE OF SHORTHAND IS REQUIRED FOR POSTS IN GRADES C 3/C 2 WHICH ARE DEFINED IN ANNEX I TO THE STAFF REGULATIONS AS POSTS OF SECRETARIES/SHORTHAND TYPISTS IS NOT OPEN TO CRITICISM .

3 . HAVING ONCE AGREED TO BE ASSIGNED TO A POST FOR WHICH THE FIRST WORKING LANGUAGE IS NOT THE MOTHER TONGUE , AN OFFICIAL WHO IS A TYPIST , IN PARTICULAR ONE WHO IS NOT A NATIONAL OF A MEMBER STATE , MAY NOT SEEK TO RELY ON THE PRINCIPLE OF EQUALITY OF TREATMENT TO HAVE THE MOTHER TONGUE TAKEN INTO ACCOUNT INSTEAD OF THAT FIRST WORKING LANGUAGE FOR THE PURPOSE OF THE ASSESSMENT OF SHORTHAND SKILLS IN CONNECTION WITH PROMOTION PROCEDURE .
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OFFICIALS - REMUNERATION - NEW METHOD OF ADJUSTMENT - INCORPORATION OF WEIGHTINGS IN THE SALARY SCALES - RECTIFICATION OF DISTORTIONS RESULTING FROM SUCH INCORPORATION - COUNCIL REGULATION NO 160/80 - OBJECTION OF ILLEGALITY - DISMISSAL
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PUBLIC CONTRACTS OF THE EUROPEAN COMMUNITIES - IMPLEMENTATION OF PROJECTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE ACP COUNTRIES - INVITATIONS TO TENDER OR MUTUAL AGREEMENT CONTRACTS - ELIGIBILITY OF APPLICANTS - REFUSAL OF THE COMMISSION TO DECIDE THE ELIGIBILITY OF AN UNDERTAKING - APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID AND FOR FAILURE TO ACT - INADMISSIBILITY

( EEC TREATY , ART . 173 , SECOND PARA ., AND ART . 175 ; ART . 25 OF PROTOCOL NO 2 TO THE CONVENTION OF LOME OF 2 FEBRUARY 1975 )

Summary

NEITHER ARTICLE 25 OF PROTOCOL NO 2 TO THE CONVENTION OF LOME OF 28 FEBRUARY 1975 ON THE APPLICATION OF FINANCIAL AND TECHNICAL COOPERATION CONCERNING THE AWARD OF CONTRACTS WITHIN THE FRAMEWORK OF THE EUROPEAN DEVELOPMENT FUND ( THE FUND ) NOR ANY OTHER RELEVANT PROVISION EMPOWERS ANY DEPARTMENT OF THE COMMISSION TO DEFINE THE LATTER ' S POSITION , BY WAY OF A DECISION OF GENERAL SCOPE , ON THE ELIGIBILITY OF AN INTERESTED PARTY FOR THE AWARD OF THE CONTRACTS IN QUESTION .

IN THE ABSENCE OF SUCH A POWER A LETTER FROM AN OFFICER OF THE COMMISSION STATING THAT IT WAS IMPOSSIBLE TO PROVIDE AN UNDERTAKING WITH THE ASSURANCES IN PRINCIPLE WHICH IT REQUESTED REGARDING ITS ADMISSION TO PARTICIPATE IN THE PROJECTS FINANCED BY THE FUND MAY NOT BE VALIDLY CONSIDERED AS A DECISION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY AND ACCORDINGLY CANNOT GIVE RISE TO A REVIEW BY MEANS OF THE PROCEEDINGS UNDER THAT PROVISION .

THE SAME CONSIDERATIONS ALSO ENTAIL THE FINDING THAT THERE IS NO FAILURE TO ACT , CAPABLE OF FORMING THE SUBJECT OF THE PROCEEDINGS PROVIDED FOR IN THE THIRD PARAGRAPH OF ARTICLE 175 OF THE EEC TREATY , WHICH MAY BE IMPUTED TO THE COMMISSION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - COUPAGE OF WINES IMPORTED FROM NON-MEMBER COUNTRIES - PROHIBITION - WINES INTENDED FOR VINEGAR-MAKING - EXCLUSION

( REGULATION NO 816/70 OF THE COUNCIL , ART . 26 ( 4 ))

Summary

ARTICLE 26 ( 4 ) OF REGULATION NO 816/70 , WHICH PROHIBITS THE COUPAGE OF WINES IMPORTED FROM NON-MEMBER COUNTRIES , IS ONE OF A SET PROVISIONS RELATING TO THE COUPAGE OF WINES INTENDED TO BE MARKETED WITH A VIEW TO DIRECT HUMAN CONSUMPTION AND MUST CONSEQUENTLY BE INTERPRETED AS APPLYING TO WINES INTENDED FOR THE SAME PURPOSE , TO THE EXCLUSION OF WINES INTENDED FOR VINEGAR-MAKING .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - DENATURING PREMIUM - CONDITIONS FOR GRANT - USE OF THE DENATURED SUGAR FOR ANIMAL FEED - USE OTHERWISE THAN FOR THAT PURPOSE BY THIRD PARTIES - LIABILITY OF THE RECIPIENT OF THE PREMIUM CERTIFICATE

( REGULATION ( EEC ) NO 2049/69 OF THE COUNCIL ; REGULATION ( EEC ) NO 100/72 OF THE COMMISSION )

Summary

RECIPIENTS OF DENATURING PREMIUM CERTIFICATES UNDER REGULATION NO 100/72 ARE REQUIRED , IN ACCORDANCE WITH THE PROVISIONS OF THAT REGULATION AND THOSE OF REGULATION NO 2049/69 , TO USE THE DENATURED SUGAR EXCLUSIVELY FOR ANIMAL FEED .

NATIONAL RULES WHICH PROVIDE THAT SUCH PERSONS ARE LIABLE FOR ANY USE OTHERWISE THAN FOR THE INTENDED PURPOSE BY THIRD PARTIES DO NOT CONFLICT WITH COMMUNITY LAW .
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OFFICIALS - ACTION - MEASURES HAVING ADVERSE EFFECT - CONCEPT - DECISION REJECTING REQUEST FOR PAYMENT OF INSTALLATION ALLOWANCE

( STAFF REGULATIONS OF OFFICIALS , ARTS . 90 AND 91 )

Summary

A MEASURE CAPABLE OF DIRECTLY AFFECTING THE APPLICANT ' S CIRCUMSTANCES TO HIS DETRIMENT SUCH AS A DECISION REFUSING A REQUEST FOR PAYMENT OF THE INSTALLATION ALLOWANCE CONSTITUTES A MEASURE HAVING ADVERSE EFFECT WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - UNEMPLOYED WORKER WHO WHEN LAST EMPLOYED RESIDED IN A MEMBER STATE OTHER THAN THE COMPETENT STATE - WORKER ' S CHOICE - MAKING HIMSELF AVAILABLE TO THE EMPLOYMENT OFFICE OF ONE OF THOSE TWO MEMBER STATES - STATE RESPONSIBLE FOR PAYMENT OF BENEFIT

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

Summary

ARTICLE 71 ( 1 ) ( B ) OF REGULATION NO 1408/71 OFFERS THE WORKER A CHOICE . HE MAY APPLY TO THE UNEMPLOYMENT BENEFIT SCHEME IN THE STATE IN WHICH HE WAS LAST EMPLOYED , OR CLAIM BENEFIT IN THE STATE WHERE HE RESIDES . IN THE CASE OF A WHOLLY UNEMPLOYED WORKER WHO ELECTS TO BE GOVERNED BY THE LEGISLATION OF THE STATE WHERE HE RESIDES THAT CHOICE IS MADE BY THE WORKER ' S MAKING HIMSELF AVAILABLE TO THE EMPLOYMENT OFFICE OF THE STATE FROM WHICH HE IS CLAIMING THE BENEFITS . THE WORKER MAY NOT , HOWEVER , EITHER AGGREGATE THE UNEMPLOYMENT BENEFIT FROM BOTH STATES OR , IF HE HAS MADE HIMSELF AVAILABLE ONLY TO THE EMPLOYMENT OFFICE IN THE TERRITORY OF THE MEMBER STATE WHERE HE RESIDES , CLAIM UNEMPLOYMENT BENEFITS FROM THE STATE IN WHICH HE WAS LAST EMPLOYED .
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CONVENTION OF JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION AND ENFORCEMENT OF JUDGMENTS - GROUNDS FOR REFUSAL - DEFENDANT IN DEFAULT OF APPEARANCE NOT DULY SERVED WITH THE DOCUMENT INSTITUTING THE PROCEEDINGS IN SUFFICIENT TIME - REVIEW BY THE COURT IN WHICH ENFORCEMENT IS SOUGHT - SCOPE - JUDGMENT OF THE COURT OF THE ORIGINAL STATE ESTABLISHING THAT SERVICE WAS EFFECTED PROPERLY AND IN SUFFICIENT TIME - NO EFFECT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS 27 ( 2 ) AND 20 , THIRD PARAGRAPH ; HAGUE CONVENTION OF 15 NOVEMBER 1965 , ART . 15 )

Summary

THE COURT OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT MAY , IF IT CONSIDERS THAT THE CONDITIONS LAID DOWN BY ARTICLE 27 ( 2 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ARE FULFILLED , REFUSE TO GRANT RECOGNITION AND ENFORCEMENT OF A JUDGMENT EVEN THOUGH THE COURT OF THE STATE IN WHICH THE JUDGMENT WAS GIVEN REGARDED IT AS PROVEN , IN ACCORDANCE WITH THE THIRD PARAGRAPH OF ARTICLE 20 OF THAT CONVENTION IN CONJUNCTION WITH ARTICLE 15 OF THE HAGUE CONVENTION OF 15 NOVEMBER 1965 , THAT THE DEFENDANT , WHO FAILED TO ENTER AN APPEARANCE , HAD AN OPPORTUNITY TO RECEIVE SERVICE OF THE DOCUMENT INSTITUTING THE PROCEEDINGS IN SUFFICIENT TIME TO ENABLE HIM TO MAKE ARRANGEMENTS FOR HIS DEFENCE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUNDS - PEARLED GRAINS OF BARLEY - TARIFF DEFINITION - REFERENCE CRITERIA - CONCEPT

( REGULATION NO 19 OF THE COUNCIL , ANNEX ; REGULATION NO 141/64 OF THE COMMISSION , ART . 5 ( 1 ) ( D ); REGULATION NO 11/66 OF THE COMMISSION )

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUNDS - PEARLED BARLEY - CONCEPT

( REGULATION NO 19 OF THE COUNCIL , ANNEX ; REGULATION NO 141/64 OF THE COMMISSION , ART . 5 ( 1 ) ( D ); REGULATION NO 11/66 OF THE COMMISSION )

Summary

1 . IN SO FAR AS NO DEFINITION OF ' ' PEARLED GRAINS OF BARLEY ' ' FOR THE PURPOSE OF THE GRANT OF EXPORT REFUNDS MAY BE OBTAINED EITHER FROM THE RELEVANT AGRICULTURAL RULES OR FROM HEADING 11.02 OF THE COMMON CUSTOMS TARIFF , TO WHICH THOSE RULES EXPRESSLY REFER , OR FROM THE EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF , IT IS APPROPRIATE , IN VIEW OF THE FACT THAT HEADING 11.02 OF THE COMMON CUSTOMS TARIFF HAS EXACTLY THE SAME WORDING AS A HEADING IN THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE , TO REFER TO THE EXPLANATORY NOTES TO THAT NOMENCLATURE .

' ' PEARLED GRAINS OF BARLEY ' ' , WITHIN THE MEANING OF THE ANNEX TO REGULATION NO 19 , ARTICLE 5 ( 1 ) ( D ) OF REGULATION NO 141/64 AND REGULATION NO 11/66 , MUST THEREFORE BE TAKEN TO MEAN GRAINS OF BARLEY WHICH SATISFY , AS A MINIMUM , THE CONDITIONS LAID DOWN IN THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE CONCERNING HEADING 11.02 .

2.PURSUANT TO COMMUNITY LAW IN FORCE IN MARCH AND APRIL 1966 REGARDING THE EXPORT TO NON-MEMBER COUNTRIES OF CEREAL-BASED PROCESSED PRODUCTS , MEMBER STATES WERE AT THAT TIME PERMITTED TO TREAT AS CONSIGNMENTS OF PEARLED BARLEY CAPABLE OF BENEFITING FROM A HIGHER EXPORT LEVY THAN THAT PROVIDED FOR HULLED BARLEY ONLY CONSIGNMENTS OF BARLEY IN WHICH THE PROPORTION OF PEARLED GRAINS CONSIDERABLY EXCEEDED 50% BY WEIGHT OF THE DRY MATTER .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - CONDITIONS FOR GRANT - PROCEDURAL FLAW BEYOND THE CONTROL OF THE RECIPIENT - GENERAL PRINCIPLE EXCLUDING ANY UNFAVOURABLE EFFECTS FOR THE PERSON CONCERNED

( COMMISSION REGULATION NO 1380/75 , ART . 11 ( 5 ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS WHICH SHOULD BE GRANTED ON IMPORT INTO ANOTHER MEMBER STATE - PROOF THAT CUSTOMS IMPORT FORMALITIES HAVE BEEN COMPLETED - PRODUCTION OF CONTROL COPY T NO . 5 AS A ' ' COMMUNITY ' ' DOCUMENT - RETROACTIVE ISSUE - CONDITIONS

( COMMISSION REGULATION NO 1380/75 , ART . 11 ( 2 ), AND NO 223/77 , ART . 10 )

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS WHICH SHOULD BE GRANTED ON IMPORT INTO ANOTHER MEMBER STATE - PROOF THAT THE PRODUCT HAS LEFT THE GEOGRAPHICAL TERRITORY OF THE EXPORTING MEMBER STATE - PRODUCTION OF CONTROL COPY T NO . 5 AS A ' ' NATIONAL ' ' DOCUMENT - RETROACTIVE ISSUE - CONDITIONS

( COMMISSION REGULATIONS NO 1380/75 , ART . 10 ( 1 ), AND NO 223/77 , ART . 10 )

Summary

1 . ARTICLE 11 ( 2 ) OF REGULATION NO 1380/75 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS AS AMENDED BY REGULATION NO 1498/76 AND PROVIDING FOR THE GRANT OF A FRESH CONTROL COPY T NO 5 WHERE THE FIRST HAS GONE ASTRAY ' ' OWING TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PERSON CONCERNED ' ' MUST BE REGARDED AS EMBODYING AND RECOGNIZING A GENERAL PRINCIPLE WHEREBY PROCEDURAL FLAWS WHICH ARE BEYOND THE CONTROL OF THE PERSON TO WHOM COMPENSATORY AMOUNTS SHOULD NORMALLY BE GRANTED MUST NOT HAVE EFFECTS WHICH ARE UNFAVOURABLE TO HIM .

2.MEMBER STATES ARE BOTH ENTITLED AND REQUIRED TO ISSUE RETROACTIVELY CONTROL COPY T NO 5 PROVIDED FOR BY ARTICLE 10 OF REGULATION NO 223/77 IN ORDER TO ENABLE PROOF TO BE FURNISHED PURSUANT TO ARTICLE 11 ( 2 ) OF REGULATION NO 1380/75 CONCERNING THE PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS WHICH SHOULD BE GRANTED BY THE IMPORTING MEMBER STATE WHERE THE FAILURE TO APPLY FOR OR TO ISSUE THE DOCUMENT WHEN THE GOODS WERE CONSIGNED WAS BEYOND THE CONTROL OF THE PERSON CONCERNED AND THAT PERSON IS ABLE TO PRODUCE THE SUPPORTING DOCUMENTS REQUIRED FOR THE ISSUE OF THE CONTROL COPY .

3.WHERE AN EXPORTING MEMBER STATE LAYS DOWN THAT THE PROOF REQUIRED FOR THE PURPOSES OF ARTICLE 10 ( 1 ) OF REGULATION NO 1380/75 CONCERNING THE PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS GRANTED BY THAT STATE IS TO BE FURNISHED IN THE FORM OF CONTROL COPY T NO 5 , IT IS BOTH ENTITLED AND REQUIRED TO ISSUE THE DOCUMENT RETROACTIVELY ON THE SAME CONDITIONS AS THOSE WHICH ARE LAID DOWN WHERE CONTROL COPY T NO 5 IS USED AS A COMMUNITY DOCUMENT PURSUANT TO ARTICLE 11 ( 2 ) OF REGULATION NO 1380/75 , SINCE ANY OTHER SOLUTION COULD ONLY BE A SOURCE OF CONFUSION AND LEGAL UNCERTAINTY .
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SOCIAL SECURITY FOR MIGRANT WORKERS - AFFILIATION TO A SOCIAL SECURITY SCHEME - CONDITIONS - APPLICATION OF NATIONAL LEGISLATION - AFFILIATION OF EITHER SPOUSE TO A SOCIAL SECURITY SCHEME SUBJECT TO AFFILIATION OF THE OTHER SPOUSE TO THE SAME SCHEME - WHETHER PERMISSIBLE

( REGULATION NO 3 OF THE COUNCIL ; REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL )

Summary

IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME . A NATIONAL PROVISION OF A MEMBER STATE WHICH PROVIDES THAT A MARRIED WOMAN RESIDING IN THAT MEMBER STATE WHOSE HUSBAND IS NOT INSURED THERE FOR THE PURPOSE OF AN OLD-AGE PENSION BECAUSE HE IS SO INSURED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , IS NOT INSURED FOR THOSE PURPOSES EITHER , EVEN IF SHE HAS RESIDED IN THE TERRITORY OF THE FIRST-MENTIONED MEMBER STATE AND HAS BEEN EMPLOYED THERE , IS NOT INCOMPATIBLE WITH THE PROVISIONS OF COMMUNITY LAW IN FORCE , IF THOSE PROVISIONS AS THEY STAND AT PRESENT DO NOT PRECLUDE THE MEMBER STATE FROM MAKING THE RIGHT OF EITHER SPOUSE TO DERIVE BENEFITS UNDER A SOCIAL SECURITY SCHEME DEPENDENT ON THE AFFILIATION OF THE OTHER SPOUSE TO THE SAME SCHEME .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - ADOPTION OF PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF PRESERVED MUSHROOMS - REGULATION NO 1102/78 - PURSUIT OF OBJECTIVES OF THE COMMON COMMERCIAL POLICY - PERMISSIBILITY

( EEC TREATY , ART . 39 , ART . 40 ( 3 ), SECOND SUBPARAGRAPH , AND ART . 110 ; COMMISSION REGULATION NO 1102/78 )

2 . EEC - EXTERNAL RELATIONS - PRINCIPLE OF NON-DISCRIMINATION - ABSENCE - RELATIVE DIFFERENCE IN TREATMENT OF COMMUNITY TRADERS - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 40 ( 3 ), SECOND SUBPARAGRAPH )

3 . COMMON COMMERCIAL POLICY - ALTERATION IN COMMERCIAL RELATIONS WITH NON-MEMBER COUNTRIES - MARGIN OF DISCRETION OF COMMUNITY INSTITUTIONS - PROTECTION OF LEGITIMATE EXPECTATION - LIMITS

( EEC TREATY , ART . 113 )

Summary

1 . IN ADOPTING REGULATION NO 1102/78 ADOPTING PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF PRESERVED MUSHROOMS FROM NON-MEMBER COUNTRIES , THE COMMISSION WAS NOT OBLIGED , UNDER ARTICLE 40 ( 3 ) OF THE TREATY , TO LIMIT ITSELF TO PURSUIT OF THE OBJECTIVES SET OUT IN ARTICLE 39 BUT WAS ALSO ENTITLED TO SEEK TO ACHIEVE OBJECTIVES RELATING TO THE EXTERNAL COMMERCIAL POLICY .

2 . THERE EXISTS IN THE TREATY NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO NON-MEMBER COUNTRIES EQUAL TREATMENT IN ALL RESPECTS . IF DIFFERENT TREATMENT OF NON-MEMBER COUNTRIES IS COMPATIBLE WITH COMMUNITY LAW , DIFFERENT TREATMENT ACCORDED TO TRADERS WITHIN THE COMMUNITY MUST ALSO BE REGARDED AS COMPATIBLE WITH COMMUNITY LAW , WHERE THAT DIFFERENT TREATMENT IS MERELY AN AUTOMATIC CONSEQUENCE OF THE DIFFERENT TREATMENT ACCORDED TO NON-MEMBER COUNTRIES WITH WHICH SUCH TRADERS HAVE ENTERED INTO COMMERCIAL RELATIONS .

3 . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR COMMERCIAL POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE INSTITUTIONS WITHIN THE LIMITS OF THEIR DISCRETIONARY POWER WILL BE MAINTAINED .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY WITH TIME-LIMITS FOR THEIR IMPLEMENTATION - JUSTIFICATION FOR FAILURE - NOT POSSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .

SINCE THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES THEY MUST BE IN A POSITION TO PREPARE , WITHIN THE PERIOD PRESCRIBED , THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
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MEASURES OF INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - CONDITIONS

( EEC TREATY , ART . 189 , THIRD PARAGRAPH ; COUNCIL DIRECTIVE 77/780 )

Summary

DIRECTIVE 77/780 IS INTENDED TO REDUCE THE DISCRETION WHICH THE SUPERVISORY AUTHORITIES OF CERTAIN MEMBER STATES ENJOY IN AUTHORIZING CREDIT INSTITUTIONS . FROM THAT POINT OF VIEW IT IS ESSENTIAL THAT EACH MEMBER STATE SHOULD IMPLEMENT THE DIRECTIVE IN A WAY WHICH FULLY SATISFIES THE REQUIREMENTS OF CLARITY AND CERTAINTY IN LEGAL SITUATIONS WHICH THE DIRECTIVE SEEKS . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE CAN BE CHANGED AS AND WHEN THE AUTHORITIES PLEASE AND WHICH ARE NOT PUBLICIZED WIDELY ENOUGH , CANNOT IN THESE CIRCUMSTANCES BE REGARDED AS A PROPER FULFILMENT OF THE OBLIGATIONS IMPOSED BY THE THIRD PARAGRAPH OF ARTICLE 189 ON MEMBER STATES TO WHICH THE DIRECTIVE IS ADDRESSED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - SCOPE - BUFFALO MEAT OF NON-DOMESTIC SPECIES - INCLUSION

( COUNCIL REGULATION NO 425/77 , ART . 1 )

2 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - DUTY TO PROVIDE A STATEMENT OF THE REASONS ON WHICH THEY ARE BASED - SCOPE

( EEC TREATY , ART . 190 )

Summary

1 . REGULATION ( EEC ) NO 425/77 MUST BE INTERPRETED AS MEANING THAT BUFFALO MEAT OF NON-DOMESTIC SPECIES IS COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL .

2 . IN RELATION TO THE STATEMENT OF REASONS UPON WHICH REGULATIONS ARE BASED , ARTICLE 190 OF THE TREATY REQUIRES THAT THE RECITALS IN THE PREAMBLE SHOULD EXPLAIN IN ESSENCE THE MEASURES TAKEN , WITHOUT ITS BEING NECESSARY TO PROVIDE A SPECIFIC STATEMENT OF REASONS IN SUPPORT OF ALL THE DETAILS WHICH MIGHT BE CONTAINED IN SUCH MEASURES .
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STATE MONOPOLIES OF A COMMERCIAL CHARACTER - PROVISIONS OF THE TREATY - APPLICABILITY TO MONOPOLIES OVER THE PROVISION OF SERVICES - CONDITIONS

( EEC TREATY , ART . 37 )

Summary

IT FOLLOWS BOTH FROM THE PLACE OCCUPIED BY ARTICLE 37 OF THE EEC TREATY IN THE CHAPTER ON THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND FROM THE WORDING USED IN THAT PROVISION THAT IT REFERS TO TRADE IN GOODS AND CANNOT RELATE TO A MONOPOLY OVER THE PROVISION OF SERVICES .

ACCORDINGLY , THE MERE FACT THAT A STATE MONOPOLY OVER THE PROVISION OF SERVICES ENABLES THE AUTHORITIES OF THE MEMBER STATE CONCERNED TO DIRECT A BRANCH OF THE NATIONAL ECONOMY IS NOT SUFFICIENT TO SUPPORT THE CONCLUSION THAT SUCH A MONOPOLY COMES WITHIN THE PROVISIONS OF ARTICLE 37 .

HOWEVER , THE POSSIBILITY CANNOT BE RULED OUT THAT A MONOPOLY OVER THE PROVISION OF SERVICES MAY HAVE AN INDIRECT INFLUENCE ON TRADE IN GOODS BETWEEN MEMBER STATES . THUS AN UNDERTAKING OR GROUP OF UNDERTAKINGS WHICH EXERCISES A MONOPOLY OVER THE PROVISION OF CERTAIN SERVICES MAY CONTRAVENE THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS , IF , FOR EXAMPLE , SUCH A MONOPOLY LEADS TO DISCRIMINATION AGAINST IMPORTED PRODUCTS AS OPPOSED TO PRODUCTS OF DOMESTIC ORIGIN .