ddrg/super_eurlex huggingface dataset:
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SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - JOB CLASSIFICATION SYSTEM - CLASSIFICATION CRITERIA - CONSIDERATION OF PHYSICAL EFFORT - PERMISSIBILITY - CONDITIONS - MULTIPLE CRITERIA

( COUNCIL DIRECTIVE 75/117 , ART . 1 , SECOND PARAGRAPH )

Summary

IN GENERAL DIRECTIVE 75/117 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR MEN AND WOMEN DOES NOT PROHIBIT THE USE , IN A JOB CLASSIFICATION SYSTEM AS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 1 , FOR THE PURPOSE OF DETERMINING RATES OF PAY , OF THE CRITERION OF MUSCULAR DEMAND OR MUSCULAR EFFORT OR THAT OF THE HEAVINESS OF THE WORK IF , IN VIEW OF THE NATURE OF THE TASKS INVOLVED , THE WORK TO BE PERFORMED DOES REQUIRE THE USE OF A CERTAIN DEGREE OF PHYSICAL STRENGTH , SO LONG AS THE SYSTEM AS A WHOLE , BY TAKING INTO ACCOUNT OTHER CRITERIA , PRECLUDES ANY DISCRIMINATION ON GROUNDS OF SEX .

IN PARTICULAR , IT FOLLOWS FROM THE DIRECTIVE THAT :

( A ) THE CRITERIA GOVERNING PAY-RATE CLASSIFICATION MUST ENSURE THAT WORK WHICH IS OBJECTIVELY THE SAME ATTRACTS THE SAME RATE OF PAY WHETHER IT IS PERFORMED BY A MAN OR A WOMAN ;

( B ) THE USE OF VALUES REFLECTING THE AVERAGE PERFORMANCE OF WORKERS OF ONE SEX AS A BASIS FOR DETERMINING THE EXTENT TO WHICH WORK MAKES DEMANDS OR REQUIRES EFFORT OR WHETHER IT IS HEAVY CONSTITUTES A FORM OF DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THE DIRECTIVE ;

( C ) IN ORDER FOR A JOB CLASSIFICATION SYSTEM NOT TO BE DISCRIMINATORY AS A WHOLE , IT MUST , IN SO FAR AS THE NATURE OF THE TASKS CARRIED OUT IN THE UNDERTAKING PERMITS , TAKE INTO ACCOUNT CRITERIA FOR WHICH WORKERS OF EACH SEX MAY SHOW PARTICULAR APTITUDE .
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COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - NATIONAL LEGISLATION ON BOOK PRICES - DIFFERENCE OF TREATMENT IN FAVOUR OF RE-IMPORTED BOOKS - PERMISSIBILITY

( EEC TREATY , ART . 7 )

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL LEGISLATION ON BOOK PRICES - DIFFERENCE OF TREATMENT IN FAVOUR OF RE-IMPORTED BOOKS - PERMISSIBILITY

( EEC TREATY , ART . 30 )

Summary

NEITHER ARTICLE 7 NOR ARTICLE 30 OF THE EEC TREATY NOR THE GENERAL PRINCIPLE OF NON-DISCRIMINATION FORBID A DIFFERENCE OF TREATMENT WITHIN THE FRAMEWORK OF LEGISLATION WHICH PROVIDES FOR THE FIXING OF THE RETAIL SELLING PRICE OF BOOKS BY THE PUBLISHER OR IMPORTER OF A BOOK , WHICH IS BINDING ON ALL RETAILERS AND ACCORDING TO WHICH THE PRICE OF BOOKS PUBLISHED AND PRINTED IN THE MEMBER STATE CONCERNED IS FREELY DETER MINABLE WHERE THE BOOKS ARE RE-IMPORTED AFTER HAVING FIRST BEEN EXPORTED TO ANOTHER MEMBER STATE , WHEREAS THE PRICE IS FIXED BY THE PUBLISHER WHERE THE BOOKS HAVE NOT CROSSED A BORDER WITHIN THE COMMUNITY IN THE COURSE OF BEING MARKETED .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM PUBLIC STOCKS - SALE OF CONCENTRATED BUTTER AT REDUCED PRICES FOR DIRECT CONSUMPTION - PACKAGING IN PLASTIC PACKS - METHOD OF PRESENTING THE REQUIRED INFORMATION

( COMMISSION REGULATION NO 649/78 , ART . 5 ( 1 ))

Summary

THE THIRD INDENT OF ARTICLE 5 ( 1 ) OF REGULATION NO 649/78 ON THE SALE AT REDUCED PRICES OF INTERVENTION BUTTER FOR DIRECT CONSUMPTION AS CONCENTRATED BUTTER MUST BE INTERPRETED AS MEANING THAT THE PACKAGING OF CONCENTRATED BUTTER IN PLASTIC PACKS OF 250 GRAMS WITH A TRANSPARENT PLASTIC LID THROUGH THE UPPER SURFACE OF WHICH IT IS POSSIBLE TO SEE THE STATEMENTS REQUIRED BY THE REGULATION PRINTED ON A SHEET OF PAPER PLACED INSIDE THE PACK ON THE BUTTER ITSELF IS LAWFUL .
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1 . OWN RESOURCES OF THE EUROPEAN COMMUNITIES - ESTABLISHMENT AND MAKING AVAILABLE BY THE MEMBER STATES - REQUEST BY THE COMMISSION FOR ADVANCE PAYMENT - BINDING ON THE MEMBER STATES

( COUNCIL REGULATION NO 2891/77 , ART . 10 ( 2 ) AND ART . 12 ( 2 ))

2 . OWN RESOURCES OF THE EUROPEAN COMMUNITIES - ESTABLISHMENT AND MAKING AVAILABLE BY THE MEMBER STATES - CREDITING THE COMMISSION ' S ACCOUNT - DELAY IN CREDITING AMOUNTS - OBLIGATION TO PAY DEFAULT INTEREST - ERROR OF A MEMBER STATE AS TO THE EXTENT OF ITS OBLIGATIONS - NO EFFECT

( COUNCIL REGULATION NO 2891/77 , ART . 11 )

Summary

1 . IN VIEW OF THE AUTONOMY CONFERRED ON THE COMMISSION WITH REGARD TO THE MANAGEMENT OF OWN RESOURCES AND OF THE ALLOCATION OF TASKS AS BETWEEN THE COMMISSION AND THE MEMBER STATES UNDER THE SYSTEM ESTABLISHED BY THE DECISION OF 21 APRIL 1970 AND REGULATION NO 2891/77 , THE EXERCISE OF THE POWER CONFERRED ON THE COMMISSION BY ARTICLE 10 ( 2 ) OF THAT REGULATION , IF NECESSARY , TO INVITE THE MEMBER STATES TO BRING FORWARD BY ONE MONTH THE ENTERING OF RESOURCES OTHER THAN VAT RESOURCES ON THE BASIS OF THE INFORMATION AVAILABLE TO THEM ON THE 15TH OF THE SAME MONTH CANNOT BE DEPENDENT ON THE AGREEMENT OF THE VARIOUS MEMBER STATES , FOR THIS WOULD DEPRIVE ARTICLE 10 ( 2 ) OF ITS EFFECTIVENESS . SINCE ONLY THE COMMISSION CAN ASSESS WHETHER IT IS NECESSARY TO BRING FORWARD THE ENTERING OF OWN RESOURCES , THE MEMBER STATES , WHICH ARE RESPONSIBLE ONLY FOR COLLECTING THE RESOURCES AND MAKING THEM AVAILABLE BUT NOT FOR THEIR MANAGEMENT , ARE UNDER A DUTY TO BRING FORWARD THE ENTRY OF OWN RESOURCES AS REQUESTED WITHOUT EXPRESSING THEIR AGREEMENT OR DISAGREEMENT .

THAT FINDING IS NOT AFFECTED BY THE FACT THAT ARTICLE 12 ( 2 ) OF THAT REGULATION GIVES THE COMMISSION AN ALTERNATIVE MEANS OF RESOLVING ANY CASH-FLOW PROBLEMS , SINCE IT IS FOR THE COMMISSION ALONE TO CHOOSE BETWEEN THE TWO ALTERNATIVES .

2 . THE VERY WORDING OF ARTICLE 11 OF REGULATION NO 2891/77 SHOWS THAT DEFAULT INTEREST IS PAYABLE IN RESPECT OF ' ANY DELAY ' IN CREDITING OWN RESOURCES TO THE COMMISSION ' S ACCOUNT , REGARDLESS OF THE REASON FOR THE DELAY , AND HENCE A MEMBER STATE CANNOT ESCAPE PAYING THAT INTEREST BY PLEADING THAT IT WAS NOT SATISFIED THAT AN INVITATION TO BRING FORWARD THE PAYMENT OF OWN RESOURCES PURSUANT TO ARTICLE 10 ( 2 ) OF THE REGULATION WAS BINDING .

THE RATE OF THAT DEFAULT INTEREST IS SET AT A FLAT RATE BY ARTICLE 11 WITH REGARD TO ALL THE MEMBER STATES AT A LEVEL WHICH CANNOT BE VARIED ACCORDING TO THE PARTICULAR CIRCUMSTANCES OF EACH INDIVIDUAL CASE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - NATIONAL LEGISLATION - SYSTEM OF WHEAT-MILLING QUOTAS RESTRICTED TO THE MANUFACTURE OF FLOUR FOR DOMESTIC HUMAN CONSUMPTION - PERMISSIBLE - CONDITIONS

( COUNCIL REGULATION NO 2727/75 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - SYSTEM OF WHEAT-MILLING QUOTAS RESTRICTED TO THE MANUFACTURE OF FLOUR FOR DOMESTIC HUMAN CONSUMPTION - PERMISSIBLE

( EEC TREATY , ART . 30 )

Summary

1 . WHERE A REGULATION EXISTS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURES WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT . HOWEVER , THE FACT THAT THE REGULATION IN QUESTION IS SILENT ON A MATTER PROVIDES NO GROUND FOR THE CONCLUSION THAT MEMBER STATES MAY NO LONGER TAKE MEASURES IN THE SECTOR . ON THE CONTRARY , SINCE THE COMMUNITY LEGISLATURE HAS NOT ADOPTED RULES GOVERNING THE FLOUR-MILLING SECTOR , THE MEMBER STATES REMAIN COMPETENT TO TAKE SUCH MEASURES AS THEY CONSIDER APPROPRIATE TO IMPROVE STRUCTURES IN THAT SECTOR , SO LONG AS THEY OBSERVE THE MECHANISMS AND PRINCIPLES GOVERNING THE COMMON ORGANIZATION OF THE MARKET IN CEREALS . CONSEQUENTLY , REGULATION NO 2727/75 DOES NOT PREVENT A MEMBER STATE FROM ADOPTING A SYSTEM OF QUOTAS FOR THE MILLING OF WHEAT APPLYING ONLY TO DOMESTIC HUMAN CONSUMPTION IN THE MEMBER STATE CONCERNED , UNDER WHICH THE TOTAL QUANTITY OF QUOTAS IS IN FACT CONSIDERABLY GREATER THAN THE QUANTITY NECESSARY TO MEET SUCH CONSUMPTION . 2 . A NATIONAL SYSTEM OF WHEAT-MILLING QUOTAS APPLYING ONLY TO THE MANUFACTURE OF FLOUR FOR DOMESTIC HUMAN CONSUMPTION IN THE MEMBER STATE CONCERNED , UNDER WHICH THE TOTAL QUANTITY OF QUOTAS IS IN FACT CONSIDERABLY IN EXCESS OF THE QUANTITY NECESSARY TO MEET SUCH CONSUMPTION , CANNOT BE REGARDED AS A MEASURE HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION ON IMPORTS , WHERE THE POSSIBILITY OF IMPORTING FLOUR FROM OTHER MEMBER STATES IS NOT AFFECTED AND , ALTHOUGH A RESTRICTION ON THE QUANTITIES OF WHEAT WHICH MAY BE MILLED MAY PREVENT MILLERS FROM BUYING WHEAT , THEY ARE FREE TO BUY IMPORTED WHEAT TO COVER PART OR ALL OF THEIR REQUIREMENTS .
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1 . OFFICIALS - DISCIPLINARY MEASURES - PENALTY - DISCRETION OF THE APPOINTING AUTHORITY - REVIEW BY THE COURT - SCOPE - LIMITS

2 . OFFICIALS - DISCIPLINARY MEASURES - PENALTY - AGGRAVATING OR MITIGATING CIRCUMSTANCES - EFFECTS - DISCRETION OF THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS, ARTS 86 TO 89 )

Summary

1 . ONCE IT HAS BEEN ESTABLISHED THAT AN OFFICIAL HAS FAILED TO FULFIL HIS OBLIGATIONS, IT IS FOR THE APPOINTING AUTHORITY TO CHOOSE THE APPROPRIATE PENALTY . THE COURT CANNOT SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE APPOINTING AUTHORITY EXCEPT IN THE CASE OF A MANIFEST ERROR OR MISUSE OF POWERS .

2 . SINCE ARTICLES 86 TO 89 OF THE STAFF REGULATIONS DO NOT SPECIFY ANY FIXED RELATIONSHIP BETWEEN THE DISCIPLINARY MEASURES PROVIDED FOR AND THE VARIOUS SORTS OF FAILURE BY OFFICIALS TO COMPLY WITH THEIR OBLIGATIONS OR STATE THE EXTENT TO WHICH THE EXISTENCE OF AGGRAVATING OR MITIGATING CIRCUMSTANCES SHOULD AFFECT THE CHOICE OF PENALTY, THE DETERMINATION OF THE PENALTY IS BASED ON A COMPREHENSIVE APPRAISAL BY THE APPOINTING AUTHORITY OF ALL THE PARTICULAR FACTS AND CIRCUMSTANCES PECULIAR TO EACH INDIVIDUAL CASE .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY, ART . 169 )

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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 AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
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ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - GRANT OF SUPPLEMENTARY QUOTAS TO RESTRUCTURED UNDERTAKINGS - UNDERTAKING ELIGIBLE FOR AIDS HAVING REGARD TO RULES FOR AID - EXCLUSION

( ECSC TREATY, ART . 58; GENERAL DECISIONS NOS 2320/81, ART . 2*(1 ), AND 234/84, ARTS 14A AND 14B )

Summary

ARTICLES 14A AND 14B OF GENERAL DECISION NO 234/84 ON THE GRANT OF SUPPLEMENTARY PRODUCTION QUOTAS MUST BE APPLIED AND INTERPRETED IN THE LIGHT OF THE RULES FOR AIDS . ARTICLE 14B IS INTENDED TO ENCOURAGE UNDERTAKINGS TO PROCEED RAPIDLY WITH THE CLOSURES REQUIRED BY THE RESTRUCTURING PLAN WHICH WAS APPROVED BY THE COMMISSION AND COULD THEREFORE GIVE RISE TO THE GRANT OF AID, WHILST ARTICLE 14A IS DESIGNED TO PROVIDE A DEGREE OF COMPENSATION FOR THOSE UNDERTAKINGS WHICH HAVE ALREADY BEEN RESTRUCTURED, DO NOT THEREFORE REQUIRE RESTRUCTURING IN ORDER TO BE VIABLE AND, ACCORDINGLY, DO NOT QUALIFY FOR AUTHORIZATION FOR AID TO BE GRANTED .

FOR THAT REASON, AND DESPITE THE DIFFERENCES OF WORDING AS BETWEEN THE VARIOUS LANGUAGE VERSIONS, THE CRITERION OF VIABILITY, WHICH IS A PRECONDITION FOR THE APPLICATION OF ARTICLE 14A OF DECISION NO 234/84, MUST BE INTERPRETED IN THE SAME WAY AS THE CRITERION ON WHICH THE RULES FOR AIDS ARE BASED IN THE FIRST INDENT OF ARTICLE 2*(1 ) OF GENERAL DECISION NO 2320/81, ACCORDING TO WHICH THE RESTRUCTURING PROGRAMME OF THE RECIPIENT UNDERTAKING MUST BE CAPABLE OF "MAKING IT FINANCIALLY VIABLE WITHOUT AID ".

IT FOLLOWS THAT AN UNDERTAKING WHICH IS DEEMED TO SATISFY THE CRITERIA FOR AUTHORIZATION FOR AID TO BE GRANTED CANNOT RECEIVE AN ADDITIONAL QUOTA UNDER ARTICLE 14A OF DECISION NO 234/84 .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL AN OBLIGATION - JUSTIFICATION - NOT PERMISSIBLE

( 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 AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - DEFENDANT - INSTITUTION TO WHICH THEY ARE ATTACHED

( STAFF REGULATIONS OF OFFICIALS, ARTS 2 AND 91 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - DECISION OF A SELECTION BOARD - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - OPTIONAL - SUBMISSION - CONSEQUENCES - PROROGATION OF THE TIME-LIMIT FOR BRINGING AN APPLICATION BEFORE THE COURT

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

Summary

1 . IT FOLLOWS FROM ARTICLE 2 OF THE STAFF REGULATIONS THAT THE APPOINTING AUTHORITY ACTS IN THE NAME OF THE INSTITUTION WHICH HAS DESIGNATED IT, SO THAT ACTS CONCERNING THE LEGAL POSITION OF OFFICIALS WHICH MAY ADVERSELY AFFECT THEM MUST BE ATTRIBUTED TO THE INSTITUTION TO WHICH THEY ARE ATTACHED, AND IT IS AGAINST THAT INSTITUTION THAT ANY APPEAL MUST BE BROUGHT .

2 . ALTHOUGH A PRELIMINARY COMPLAINT AGAINST A DECISION OF A SELECTION BOARD IS NOT A NECESSARY CONDITION FOR THE ADMISSIBILITY OF AN ACTION, ITS EFFECT MUST NOT BE THAT THE PERIOD FOR BRINGING THE MATTER BEFORE THE COURT EXPIRES WHILE THE APPLICANT IS AWAITING A REPLY TO HIS COMPLAINT .
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1 . TAX PROVISIONS - INTERNAL TAXATION - CONSUMER TAX APPLYING ALMOST EXCLUSIVELY TO IMPORTED PRODUCTS GIVEN THE VIRTUAL ABSENCE OF DOMESTIC PRODUCTION - CATEGORIZATION AS A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY - CONDITIONS

( EEC TREATY, ARTS 9, 12 AND 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - CONSUMER TAX ON IMPORTED FRUIT - PROTECTION OF DOMESTIC PRODUCTION - NOT PERMISSIBLE

( EEC TREATY, ART . 95 )

3 . TAX PROVISIONS - INTERNAL TAXATION - PROVISIONS OF THE TREATY - SCOPE - PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE IN FREE CIRCULATION IN THE COMMUNITY - INCLUSION

( EEC TREATY, ART . 95 )

Summary

1 . A CHARGE DESCRIBED AS A CONSUMER TAX WHICH IS IMPOSED ON BOTH IMPORTED PRODUCTS AND DOMESTIC PRODUCTS BUT IN PRACTICE APPLIES ALMOST EXCLUSIVELY TO IMPORTED PRODUCTS BECAUSE DOMESTIC PRODUCTION IS EXTREMELY SMALL DOES NOT CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS WITHIN THE MEANING OF ARTICLES 9 AND 12 OF THE EEC TREATY IF IT IS PART OF A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY TO CATEGORIES OF PRODUCTS IN ACCORDANCE WITH OBJECTIVE CRITERIA IRRESPECTIVE OF THE ORIGIN OF THE PRODUCTS . IT THEREFORE CONSTITUTES INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 .

2 . THE SECOND PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY PRECLUDES THE CHARGING OF A CONSUMER TAX ON CERTAIN IMPORTED FRUIT WHERE IT MAY PROTECT DOMESTIC FRUIT PRODUCTION, SINCE THAT PROVISION IS INTENDED TO COVER ALL FORMS OF INDIRECT TAX PROTECTION IN THE CASE OF PRODUCTS WHICH, WITHOUT BEING SIMILAR WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95, ARE NEVERTHELESS IN COMPETITION, EVEN PARTIAL, INDIRECT OR POTENTIAL COMPETITION, WITH EACH OTHER .

3 . ARTICLE 95 OF THE TREATY COVERS ALL PRODUCTS COMING FROM MEMBER STATES, INCLUDING PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE IN FREE CIRCULATION IN THE MEMBER STATES . ANY INTERPRETATION OF ARTICLE 95 WHICH PRECLUDED IT FROM APPLYING TO PRODUCTS IN FREE CIRCULATION WOULD LEAD TO A RESULT WHICH WOULD BE CONTRARY BOTH TO THE SPIRIT OF THE TREATY EXPRESSED IN ARTICLES 9 AND 10 AND TO THE SYSTEM OF THE TREATY, UNDER WHICH COMMERCIAL POLICY WITH REGARD TO NON-MEMBER COUNTRIES FALLS WITHIN THE EXCLUSIVE COMPETENCE OF THE COMMUNITY, SUBJECT TO THE REQUISITE PROTECTIVE MEASURES WHICH MAY BE TAKEN UNDER THE CONDITIONS LAID DOWN IN ARTICLE 115 .
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1 . COMPETITION - ADMINISTRATIVE PROCEDURE - HEARINGS - RIGHT OF THIRD PARTIES TO BE HEARD - CONDITIONS

( REGULATION NO 17 OF THE COUNCIL, ART . 19 ( 1 ) AND ( 2 ); REGULATION NO 99/63 OF THE COMMISSION, ARTS 1, 5 AND 7 )

2 . COMPETITION - AGREEMENTS - PROHIBITION - EXEMPTION - RENEWAL - FACTORS TO BE TAKEN INTO ACCOUNT - INCREASE IN THE DEGREE OF CONCENTRATION AFFECTING THE COMPETITIVE STRUCTURE OF THE MARKET IN QUESTION

( EEC TREATY, ART . 85 ( 3 )*)

Summary

1 . ARTICLE 19 ( 1 ) OF REGULATION NO 17 AND ARTICLE 1 OF REGULATION NO 99/63 REQUIRE THE COMMISSION TO HEAR UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS WHOSE AGREEMENTS OR CONDUCT ARE THE SUBJECT OF AN INQUIRY BUT NOT TO HEAR THIRD PARTIES . THE HEARING OF THIRD PARTIES IS PROVIDED FOR IN ARTICLE 19 ( 2 ) OF REGULATION NO 17 AND ARTICLES 5 AND 7 OF REGULATION NO 99/63, BUT IS REQUIRED ONLY IN SO FAR AS THE THIRD PARTY SHOWS THAT IT HAS A SUFFICIENT LEGAL INTEREST AND ACTUALLY APPLIES TO BE HEARD .

2 . THE INCREASING DEGREE OF CONCENTRATION ON THE MARKET IS A FACTOR TO BE TAKEN INTO ACCOUNT WHEN CONSIDERING AN APPLICATION FOR THE RENEWAL OF AN EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY IF THAT INCREASING CONCENTRATION AFFECTS THE COMPETITIVE STRUCTURE OF THE MARKET IN QUESTION .
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SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7/EEC - ARTICLE 4 ( 1 ) - DIRECT EFFECT - SCOPE

( COUNCIL DIRECTIVE 79/7/EEC, ART . 4*(1 )*)

Summary

ARTICLE 4*(1 ) OF COUNCIL DIRECTIVE 79/7/EEC ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY COULD BE RELIED UPON AS FROM 23 DECEMBER 1984 IN ORDER TO PREVENT THE EXTENSION BEYOND THAT DATE OF THE EFFECTS OF AN EARLIER NATIONAL PROVISION INCONSISTENT WITH ARTICLE 4*(1 ).

IN THE ABSENCE OF APPROPRIATE MEASURES FOR THE IMPLEMENTATION OF ARTICLE 4*(1 ) OF THE DIRECTIVE, WOMEN ARE ENTITLED TO BE TREATED IN THE SAME MANNER, AND TO HAVE THE SAME RULES APPLIED TO THEM, AS MEN WHO ARE IN THE SAME SITUATION, SINCE, WHERE THE DIRECTIVE HAS NOT BEEN IMPLEMENTED, THOSE RULES REMAIN THE ONLY VALID POINT OF REFERENCE .
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AIDS GRANTED BY STATES - COMMISSION DECISION DECLARING AN AID INCOMPATIBLE WITH THE COMMON MARKET - DECISION GIVEN AFTER UNJUSTIFIABLE DELAY - BREACH VIS-A-VIS THE BENEFICIARIES OF THE AID OF THE PRINCIPLE OF LEGITIMATE EXPECTATION

( EEC TREATY, ART . 93 )

Summary

WHERE, IN THE CASE OF A STATE AID WHICH IS INTENDED TO MEET THE ADDITIONAL COSTS OF AN OPERATION PREVIOUSLY THE SUBJECT OF AN AUTHORIZED AID AND THE EXAMINATION OF WHICH DID NOT CALL FOR DEEP RESEARCH, THE COMMISSION DID NOT TAKE A DECISION DECLARING THE SAID AID TO BE INCOMPATIBLE WITH THE COMMON MARKET AND ORDERING ITS CANCELLATION UNTIL 26 MONTHS AFTER ITS NOTIFICATION, THAT DELAY IS ONE WHICH COULD ESTABLISH ON THE PART OF THE BENEFICIARY OF THE AID A LEGITIMATE EXPECTATION OF SUCH A NATURE AS TO PREVENT THE COMMISSION FROM ORDERING THE NATIONAL AUTHORITIES TO ORDER THE REFUND OF THE AID .
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MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - TRANSPOSITION OF A DIRECTIVE WITHOUT THE ENACTMENT OF LEGISLATION - CONDITIONS - EXISTENCE OF A GENERAL LEGAL CONTEXT ENSURING FULL APPLICATION OF THE DIRECTIVE - MERE ADMINISTRATIVE PRACTICES INSUFFICIENT

( EEC TREATY, ART . 189*(3 )*)

ENVIRONMENT - CONSERVATION OF WILD BIRDS - MANAGEMENT OF A COMMON HERITAGE - DIRECTIVE 79/409/EEC - NEED FOR A FAITHFUL TRANSPOSITION BY THE MEMBER STATES

( COUNCIL DIRECTIVE 79/409/EEC )

Summary

THE TRANSPOSITION OF A DIRECTIVE INTO NATIONAL LAW DOES NOT NECESSARILY REQUIRE THE PROVISIONS OF THE DIRECTIVE TO BE ENACTED IN PRECISELY THE SAME WORDS IN AN EXPRESS AND SPECIFIC ENACTMENT; A GENERAL LEGAL CONTEXT MAY BE SUFFICIENT IF IT IS SUFFICIENTLY CLEAR AND PRECISE IN ORDER TO ENSURE EFFECTIVELY THE FULL APPLICATION OF THE DIRECTIVE . MERE ADMINISTRATIVE PRACTICES, WHICH BY THEIR NATURE ARE ALTERABLE AT WILL BY THE AUTHORITIES AND ARE NOT GIVEN THE APPROPRIATE PUBLICITY, DO NOT FULFIL THAT REQUIREMENT .

A FAITHFUL TRANSPOSITION BECOMES PARTICULARLY IMPORTANT IN A CASE SUCH AS THAT OF DIRECTIVE 79/409/EEC ON THE CONSERVATION OF WILD BIRDS, IN WHICH THE MANAGEMENT OF THE COMMON HERITAGE IS ENTRUSTED TO THE MEMBER STATES AS REGARDS THEIR RESPECTIVE TERRITORIES .
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1 . AID GRANTED BY STATES - ACTION UNDER ARTICLE 93 ( 2 ) OF THE TREATY - SUBJECT-MATTER

( EEC TREATY, ARTS 93 ( 2 ), 169 AND 170 )

2 . AID GRANTED BY STATES - COMMISSION DECISION FINDING AID TO BE INCOMPATIBLE WITH THE COMMON MARKET - PERIOD FOR IMPLEMENTATION

( EEC TREATY, ART . 93 ( 2 ) )

Summary

1 . AS IS APPARENT FROM THE WORDING OF THE SECOND SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE TREATY, IN PARTICULAR THE PHRASE "IN DEROGATION FROM THE PROVISIONS OF ARTICLES 169 AND 170", AN ACTION OF THE KIND REFERRED TO IN THAT PROVISION CAN RELATE ONLY TO THE FAILURE BY THE MEMBER STATE CONCERNED TO COMPLY WITH A COMMISSION DECISION REQUIRING IT TO DISCONTINUE OR ALTER AN AID MEASURE WITHIN A SET PERIOD . THE CONDUCT OF

THE MEMBER STATE AGAINST WHICH AN ACTION OF THIS KIND IS BROUGHT MUST THEREFORE BE ASSESSED SOLELY IN THE LIGHT OF THE OBLIGATIONS IMPOSED ON IT BY THE COMMISSION DECISION .

WHERE, IN ITS DECISION, THE COMMISSION DID NOT INDICATE IN A PRECISE AND DETAILED MANNER AT WHAT LEVEL THE TARIFF FOR AN ENERGY SOURCE SHOULD BE FIXED IN ORDER TO BE FREE OF ANY ELEMENT OF AID FOR THE PURPOSES OF ARTICLE 92 OF THE TREATY BUT SIMPLY INDICATED A RANGE OF PRICES, RECOGNIZING THAT AT PRICES WITHIN THAT RANGE A SIGNIFICANT PROPORTION OF USERS WOULD CONVERT THEIR SYSTEMS WITH A VIEW TO USING ANOTHER ENERGY SOURCE, THE MEMBER STATE WAS ENTITLED TO CONSIDER THAT BY RAISING THE TARIFF TO A LEVEL JUST BELOW THAT RANGE IT PROPERLY IMPLEMENTED THE COMMISSION' S DECISION .

THAT DOES NOT AFFECT THE COMMISSION' S RIGHT, IF NECESSARY, TO INITIATE NEW PROCEEDINGS UNDER ARTICLE 93 WITH REGARD TO THE NEW TARIFF .

2 . WHERE, IN A DECISION REQUIRING A MEMBER STATE TO DISCONTINUE OR ALTER AN AID MEASURE, THE COMMISSION DOES NOT FIX THE PERIOD WITHIN WHICH THE AID MUST BE DISCONTINUED BUT SETS A DATE BY WHICH IT MUST BE INFORMED OF THE ACTION TAKEN IN THAT REGARD, THAT DATE CONSTITUTES THE TIME-LIMIT WITHIN WHICH THE DECISION MUST BE IMPLEMENTED .