ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - PRINCIPLE - DEROGATIONS - SAFEGUARD CLAUSE OF ARTICLE 115 OF THE TREATY - PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES - FREE CIRCULATION IN ONE MEMBER STATE - IMPORTATION INTO ANOTHER MEMBER STATE - LICENCE - LEGALITY - CONDITIONS

( EEC TREATY , ARTS . 30 AND 115 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRODUCTS IN FREE CIRCULATION - COUNTRY OF ORIGIN - INDICATION - REQUIREMENT OF IMPORTING MEMBER STATE - LEGALITY - CONDITIONS

( EEC TREATY , ARTS . 30 AND 115 )

Summary

1 . ONLY ARTICLE 115 OF THE TREATY GIVES THE COMMISSION THE POWER TO AUTHORIZE THE MEMBER STATES TO TAKE PROTECTIVE MEASURES , INTER ALIA IN THE FORM OF DEROGATIONS FROM THE PRINCIPLE OF FREE MOVEMENT OF GOODS , FOR PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES AND PUT INTO FREE CIRCULATION IN ONE OF THE MEMBER STATES . EXCEPT WHERE THE SUBSTANTIVE AND PROCEDURAL CONDITIONS LAID DOWN IN THAT PROVISION ARE FULFILLED , A MEMBER STATE CANNOT THEREFORE MAKE THE INTRODUCTION INTO ITS TERRITORY OF GOODS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE SUBJECT TO THE REQUIREMENT OF AN IMPORT LICENCE .

2 . FOR AN IMPORTING MEMBER STATE TO REQUIRE AN INDICATION OF THE COUNTRY OF ORIGIN FOR PRODUCTS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE IS NOT INCOMPATIBLE WITH THE PROHIBITION OF ALL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS . SUCH A REQUIREMENT WOULD HOWEVER FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 30 OF THE TREATY IF THE IMPORTER WERE REQUIRED TO DECLARE WITH REGARD TO ORIGIN , SOMETHING OTHER THAN WHAT HE KNOWS OR MAY REASONABLY BE EXPECTED TO KNOW , OR IF THE OMISSION OR INACCURACY OF THE DECLARATION WERE TO ATTRACT PENALTIES DISPROPORTIONATE TO THE NATURE OF THE CONTRAVENTION .

IN THIS RESPECT , WHERE IT IS ESTABLISHED THAT A FALSE DECLARATION HAS BEEN MADE IN RELATION TO AN IMPORTATION WHICH , IN ITSELF , COULD NOT BE THE SUBJECT OF A PROHIBITION OR RESTRICTION , IT WOULD IN PARTICULAR BE DISPROPORTIONATE FOR THE IMPORTING MEMBER STATE TO APPLY WITHOUT DISTINCTION CRIMINAL PENALTIES PROVIDED IN RESPECT OF FALSE DECLARATIONS MADE IN ORDER TO EFFECT PROHIBITED IMPORTS .
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Summary



Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - IMPORT FROM NON-MEMBER COUNTRIES - PROTECTIVE MEASURES ADOPTED BY A MEMBER STATE - COMMISSION DECISION REQUIRING ABOLITION - DIRECT EFFECT

( REGULATION NO 14/64 OF THE COUNCIL , ART . 16 ( 2 ); COMMISSION DECISION NO 66/474 )

Summary

FOLLOWING A COMMISSION DECISION ADOPTED UNDER ARTICLE 16 OF REGULATION NO 14/64 REQUIRING A MEMBER STATE TO ABOLISH A NATIONAL PROTECTIVE MEASURE , THE MEMBER STATE CONCERNED IS NO LONGER ENTITLED TO RELY , AS AGAINST A TRADER , WITH REGARD TO AN IMPORTATION OCCURRING AFTER THAT DECISION TOOK EFFECT , ON THE NATIONAL PROVISIONS INTRODUCED BY VIRTUE OF THE PROTECTIVE MEASURE WHICH THE COMMISSION REQUIRED TO BE ABOLISHED , EVEN THOUGH THOSE PROVISIONS WERE NOT REPEALED WITHIN THE DOMESTIC LEGAL ORDER UNTIL AFTER THE DECISION OF THE COMMISSION TOOK EFFECT .
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Keywords

1 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - DESIGNATIONS OF ORIGIN - NATIONAL MEASURES OF GUARANTEE - CONDITIONS FOR ACCEPTABILITY - PROPORTIONALITY - EXAMINATION OF CERTIFICATES OF ORIGIN

( EEC TREATY , ARTS . 30 AND 36 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - DESIGNATIONS OF ORIGIN - NATIONAL MEASURES OF GUARANTEE - CONDITIONS FOR ACCEPTABILITY - PROPORTIONALITY - LIMITS

( EEC TREATY , ART . 30 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - DESIGNATIONS OF ORIGIN - NATIONAL MEASURES OF GUARANTEE - DUTIES OF MEMBER STATE CONCERNED

( EEC TREATY , ARTS . 30 AND 36 )

Summary

1 . IN THE ABSENCE OF A COMMUNITY SYSTEM GUARANTEEING FOR CONSUMERS THE AUTHENTICITY OF DESIGNATIONS OF ORIGIN , ARTICLE 30 ET SEQ . OF THE TREATY DO NOT PREVENT A MEMBER STATE FROM TAKING MEASURES TO PREVENT UNFAIR PRACTICES IN THAT CONNEXION SUBJECT , HOWEVER , TO THE CONDITION THAT THOSE MEASURES SHOULD IN PARTICULAR NOT BE UNREASONABLE , THAT IS TO SAY , DISPROPORTIONATE IN RELATION TO THAT OBJECTIVE .

TO CHECK THE AUTHENTICITY OF A PRODUCT BEARING A DESIGNATION OF ORIGIN BY THE EXPEDIENT OF EXAMINING CERTIFICATES OF ORIGIN ISSUED IN THE PRODUCER MEMBER STATE IS NOT UNREASONABLE .

2 . THE SOLE FACT THAT A MEMBER STATE APPLIES , FOR CHECKING THE AUTHENTICITY OF PRODUCTS BEARING A DESIGNATION OF ORIGIN , A SYSTEM INVOLVING THE IMPORTER OF THOSE PRODUCTS IN MORE DIFFICULTIES THAN WOULD RESULT FROM ANOTHER POSSIBLE SYSTEM CANNOT IN ITSELF CONSTITUTE A FAILURE BY THAT STATE TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE TREATY .

3 . A MEMBER STATE WHICH APPLIES A SYSTEM FOR CHECKING THE AUTHENTICITY OF PRODUCTS BEARING A DESIGNATION OF ORIGIN HAS A DUTY TO ENSURE , SEEKING IF NECESSARY IN THIS RESPECT THE ASSISTANCE OF THE COMMISSION , THAT TRADERS WISHING TO IMPORT INTO THAT STATE SUCH PRODUCTS BEARING A DESIGNATION OF ORIGIN DULY ADOPTED BY THAT STATE AND IN FREE CIRCULATION IN A REGULAR MANNER IN A MEMBER STATE OTHER THAN THAT OF ORIGIN , ARE ABLE TO EFFECT SUCH IMPORTS AND ARE NOT PLACED AT A DISADVANTAGE AS COMPARED WITH DIRECT IMPORTERS , SAVE IN SO FAR AS APPEARS REASONABLE AND STRICTLY NECESSARY TO ENSURE THE AUTHENTICITY OF THOSE PRODUCTS .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - RIGHT TO APPLY - PERSONS CLAIMING STATUS OF OFFICIALS OR EMPLOYEES OTHER THAN LOCAL STAFF

( STAFF REGULATIONS OF OFFICIALS , ART . 91 )

2 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES - AMENDMENTS MADE BY COUNCIL REGULATION NO 2615/76 - CONDITIONS APPLICABLE TO LOCAL AND ESTABLISHMENT STAFF PAID FROM APPROPRIATIONS IN THE RESEARCH AND ESTABLISHMENT BUDGET - PERSONS TO WHOM THEY APPLY

( COUNCIL REGULATION NO 2615/76 )

3 . OFFICIALS - ADMINISTRATION ' S DUTY TO ASSIST - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 24 )

4 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES - AMENDMENTS MADE BY COUNCIL REGULATION NO 2615/76 - CONDITIONS APPLICABLE TO LOCAL AND ESTABLISHMENT STAFF PAID FROM APPROPRIATIONS IN THE RESEARCH AND ESTABLISHMENT BUDGET - PURPOSE

( COUNCIL REGULATION NO 2615/76 , ART . 2 )

Summary

1 . IT IS NOT ONLY PERSONS WHO HAVE THE STATUS OF OFFICIALS OR OF EMPLOYEES OTHER THAN LOCAL STAFF WHO MAY BRING AN ACTION BEFORE THE COURT TO CONTEST A DECISION ADVERSELY AFFECTING THEM BUT ALSO PERSONS CLAIMING THAT STATUS .

2 . REGULATION NO 2615/76 IS APPLICABLE TO ALL MEMBERS OF THE LOCAL AND ESTABLISHMENT STAFFS WHO WERE IN THE SERVICE OF THE COMMUNITY ON ITS ENTRY INTO FORCE .

3 . THE DUTY TO PROVIDE ASSISTANCE DERIVING FROM ARTICLE 24 OF THE STAFF REGULATIONS MEANS THAT THE COMMUNITY IS REQUIRED TO ASSIST ITS OFFICIALS , FIRST , IN ORDER TO DEFEND THEM AGAINST CERTAIN RISKS ARISING FROM THEIR DUTIES , AND EMANATING IN PARTICULAR FROM THIRD PARTIES , AND , SECONDLY , TO FACILITATE THEIR FURTHER TRAINING AND INSTRUCTION .

4 . ARTICLE 2 OF REGULATION NO 2615/76 CANNOT IN ANY WAY BE REGARDED AS PROVIDING THE MEANS FOR TEMPORARY STAFF TO BECOME OFFICIALS . THE MEASURES PROVIDED FOR BY THAT ARTICLE ARE FOR THAT REASON VERY DIFFERENT FROM THE PROCEDURES RELATING TO INTEGRATION DESCRIBED IN ARTICLES 102 AND 107 OF THE STAFF REGULATIONS .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - BASIS OF CALCULATION - VALUE OF THE PRODUCTS CONCERNED - BUTTER FROM STORAGE - SALE AT REDUCED PRICE TO PROCESSING UNDERTAKINGS - REDUCTION OF MONETARY COMPENSATORY AMOUNTS - CONDITIONS - REDUCTION IN VALUE OF GOODS OWING TO THEIR COMPULSORY DESTINATION - RE-ASSESSMENT OF COMPENSATORY AMOUNTS - LEGAL BASIS

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ; REGULATIONS NOS 1259/72 AND 232/75 , ARTS . 6 AND 20 )

Summary

THE DEFINITIVE APPLICATION OF THE REDUCED MONETARY COMPENSATORY AMOUNTS PROVIDED FOR BY ARTICLE 20 OF REGULATION NO 1259/72 OF THE COMMISSION ON THE DISPOSAL OF BUTTER AT A REDUCED PRICE TO CERTAIN COMMUNITY PROCESSING UNDERTAKINGS AND BY ARTICLE 20 OF REGULATION NO 232/75 OF THE COMMISSION ON THE SALE OF BUTTER AT REDUCED PRICES FOR USE IN THE MANUFACTURE OF PASTRY PRODUCTS AND ICE-CREAM PRE-SUPPOSES THAT THE GOODS IN QUESTION , HAVING REGARD IN PARTICULAR TO THE USE TO WHICH THEY ARE TO BE PUT , HAVE THE REDUCED VALUE ATTRIBUTED TO THEM BY VIRTUE OF THOSE REGULATIONS . IN SO FAR AS THE IMPORTER HAS NOT FURNISHED THE PROOF , WITHIN THE PERIOD PRESCRIBED IN ARTICLE 6 OF THE SAID REGULATIONS , THAT THE GOODS HAVE BEEN PUT TO THE USE TO WHICH THE REDUCTION OF THE COMPENSATORY AMOUNTS IS SUBJECT , THE GOODS CANNOT BE REGARDED AS HAVING THE CONVENTIONAL VALUE REFERRED TO ABOVE . IN SUCH A CASE THE LEGAL BASIS FOR THE RE-ASSESSMENT OF THE COMPENSATORY AMOUNTS IS TO BE FOUND IN THE GENERAL RULES GOVERNING THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS , AS ESTABLISHED BY REGULATION NO 974/71 OF THE COUNCIL .
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1 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAX - COMMON SYSTEM OF VALUE ADDED TAX - SERVICES SUBJECT THERETO - SERVICES ANCILLARY TO THE TRANSPORT OF GOODS - COLLECTION OF THE PRICE OF THE GOODS CARRIED - SPECIFIC TREATMENT - NOT PERMISSIBLE

( SECOND COUNCIL DIRECTIVE NO 67/288 , ANNEX B , ITEM 5 )

2 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAX - COMMON SYSTEM OF VALUE ADDED TAX - SERVICES SUBJECT THERETO - EXEMPTION BY MEMBER STATES - CONDITIONS - MANDATORY TAXATION OF SERVICES ANCILLARY TO TRANSPORT OF GOODS

( SECOND COUNCIL DIRECTIVE NO 67/228 , ART . 6 ( 2 ), ANNEXES A , ITEM 10 , AND B , ITEM 5 )

Summary

1 . IF A CARRIER HAS UNDERTAKEN , IN ADDITION TO THE TRANSPORT OF THE GOODS , TO COLLECT THE PRICE OF THE GOODS BEFORE DELIVERING THEM TO THE CONSIGNEE ( CASH-ON-DELIVERY SYSTEM ) THE COLLECTION OF THAT PRICE IS A SERVICE ANCILLARY TO THE TRANSPORT WITHIN THE MEANING OF ANNEX B , ITEM 5 , TO THE SECOND COUNCIL DIRECTIVE NO 67/228 ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES CONCERNING TURNOVER TAXES . IT FOLLOWS THAT FOR THE PURPOSES OF THE APPLICATION OF VALUE ADDED TAX MEMBER STATES ARE NOT EMPOWERED TO TREAT AN ANCILLARY SERVICE SUCH AS THE COLLECTION OF THE CASH-ON-DELIVERY PRICE SEPARATELY FROM THE SERVICE OF THE TRANSPORT OF GOODS .

2 . THE PROVISION ' ' REGARDING ARTICLE 6 ( 2 ) ' ' IN ANNEX A , ITEM 10 , TO DIRECTIVE NO 67/228 MUST BE INTERPRETED RESTRICTIVELY IN ORDER TO SAFEGUARD THE COHERENCE OF THE NEW SYSTEM AND THE NEUTRALITY IN COMPETITION WHICH IT SEEKS TO ESTABLISH . IT FOLLOWS THAT A MEMBER STATE CANNOT INSERT INTO ITS LEGISLATION A MEASURE EXEMPTING A SERVICE LISTED IN ANNEX B SAVE IN AN EXCEPTIONAL CASE WHICH JUSTIFIES AN ADVERSE EFFECT UPON NEUTRALITY IN COMPETITION . IT MUST BE CONCLUDED THAT THE COLLECTION OF THE PRICE OF GOODS TRANSPORTED , A SERVICE ANCILLARY TO THE TRANSPORT OF GOODS , CANNOT BE EXEMPTED FROM TURNOVER TAX SINCE IT IS INCLUDED IN THE AFOREMENTIONED ANNEX B , ITEM 5 , WHICH CONTAINS THE LIST OF SERVICES COMPULSORILY TAXABLE UNDER ARTICLE 6 OF THE DIRECTIVE . THE NATIONAL COURT MUST TAKE ACCOUNT OF THE COMBINED PROVISIONS OF ARTICLE 6 ( 2 ) AND OF ANNEX B , ITEM 5 .
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Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - INTERNAL ADMINISTRATIVE MEASURES - EXCLUSION - CONDITIONS - ABSENCE OF EFFECTS ON APPLICANT ' S RIGHTS UNDER THE STAFF REGULATIONS

( STAFF REGULATIONS , ART . 91 )

2 . OFFICIALS - DUTY OF THE ADMINISTRATION TO PROVIDE ASSISTANCE - PROTECTION REQUESTED BY AN OFFICIAL AGAINST THE ALLEGED MACHINATIONS OF OTHER OFFICIALS - UNSUCCESSFUL ATTEMPTS AT RECONCILIATION - ADOPTION OF APPROPRIATE INTERNAL ADMINISTRATIVE MEASURES - OBSERVANCE OF INDIVIDUAL ' S RIGHTS UNDER STAFF REGULATIONS - LEGALITY

( STAFF REGULATIONS , ART . 24 )

Summary

1 . AN INTERNAL ADMINISTRATIVE MEASURE DOES NOT CONSTITUTE A MEASURE WHICH MAY BE THE SUBJECT OF AN APPLICATION TO THE COURT UNDER ARTICLE 91 OF THE STAFF REGULATIONS IN SO FAR AS IT DOES NOT AFFECT THE RIGHTS UNDER ARTICLES 5 AND 7 OF THE STAFF REGULATIONS OF THE PERSON CONCERNED .

2 . THE ADMINISTRATIVE AUTHORITY IS NOT IN BREACH OF ITS DUTY TO PROVIDE ASSISTANCE UNDER THE FIRST PARAGRAPH OF ARTICLE 24 OF THE STAFF REGULATIONS IF , IN ANSWER TO A REQUEST BY AN OFFICIAL FOR PROTECTION AGAINST THE ALLEGED MACHINATIONS OF CERTAIN OF HIS COLLEAGUES , AND FINDING THAT ITS EFFORTS TO BRING ABOUT A RECONCILIATION ARE OF NO AVAIL , IT TAKES ALL THE APPROPRIATE STEPS TO MITIGATE THE DETERIORATION OF WORKING RELATIONSHIPS WITHIN THE SERVICE WITHOUT AFFECTING THE RIGHTS UNDER THE STAFF REGULATIONS OF THE PERSON CONCERNED .
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Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONTROL OF ADVERTISING IN RESPECT OF CERTAIN PRODUCTS - INDIRECT RESTRICTION ON MARKETING OF IMPORTED PRODUCTS - PROHIBITION

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HEALTH OF HUMANS - LIMITS - CONTROL OF ADVERTISING IN RESPECT OF ALCOHOLIC BEVERAGES TO THE DISADVANTAGE OF IMPORTED PRODUCTS - ARBITRARY DISCRIMINATION

( EEC TREATY , ART . 36 )

Summary

1 . A RESTRICTION IMPOSED BY NATIONAL LEGISLATION ON FREEDOM OF ADVERTISING FOR CERTAIN PRODUCTS , ALTHOUGH IT DOES NOT DIRECTLY AFFECT IMPORTS , IS HOWEVER CAPABLE OF RESTRICTING THEIR VOLUME OWING TO THE FACT THAT IT AFFECTS THE MARKETING PROSPECTS FOR THE IMPORTED PRODUCTS . IT MAY THEREFORE CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .

2 . LEGISLATION RESTRICTING ADVERTISING IN RESPECT OF ALCOHOLIC BEVERAGES , ALTHOUGH IT MAY BE IN PRINCIPLE JUSTIFIED BY CONCERN RELATING TO THE PROTECTION OF PUBLIC HEALTH , NONE THE LESS CONSTITUTES ARBITRARY DISCRIMINATION IN TRADE BETWEEN MEMBER STATES , WITHIN THE MEANING OF ARTICLE 36 OF THE EEC TREATY , TO THE EXTENT TO WHICH IT AUTHORIZES ADVERTISING IN RESPECT OF CERTAIN NATIONAL PRODUCTS WHILST ADVERTISING IN RESPECT OF PRODUCTS HAVING COMPARABLE CHARACTERISTICS BUT ORIGINATING IN OTHER MEMBER STATES IS RESTRICTED OR ENTIRELY PROHIBITED .
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OFFICIALS - SOCIAL SECURITY - REIMBURSEMENT OF SICKNESS EXPENSES - EQUAL TREATMENT - EXCHANGE RATE APPLICABLE - EXCHANGE RATE FOR QUARTER IN WICH REIMBURSEMENT IS EFFECTED

( STAFF REGULATIONS , ART . 72 ; ANNEX VII , ART . 17 )

Summary

THE PRINCIPLE OF EQUAL TREATMENT OF OFFICIALS REQUIRES THAT THE RATE OF EXCHANGE TO BE APPLIED IN THE REIMBURSEMENT OF SICKNESS EXPENSES SHOULD BE AS CLOSE AS POSSIBLE TO THE RATE ON THE DATE OF REIMBURSEMENT . THE RATE TO BE APPLIED MUST THEREFORE BE THAT FOR THE QUARTER IN WHICH REIMBURSEMENT IS EFFECTED .
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1 . COMPETITION - DOMINANT POSITION - ABUSE - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA - INCIDENCE ON THE STRUCTURE OF COMPETITION IN THE COMMON MARKET

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - ABUSE - ASSOCIATION EXPLOITING COPYRIGHTS - PERFORMANCE IN NON-MEMBER COUNTRIES OF CONTRACTS ENTERED INTO ON THE TERRITORY OF A MEMBER STATE - APPLICABILITY OF COMMUNITY PROVISIONS - CONDITIONS

( EEC TREATY , ART . 86 )

Summary

1 . IN DECIDING WHETHER TRADE BETWEEN MEMBER STATES MAY BE AFFECTED BY THE ABUSE OF A DOMINANT POSITION IN THE MARKET IN QUESTION IT IS NECESSARY TO TAKE INTO CONSIDERATION THE CONSEQUENCES FOR THE EFFECTIVE COMPETITIVE STRUCTURE IN THE COMMON MARKET . IN THIS MATTER THERE IS NO REASON TO DISTINGUISH BETWEEN PRODUCTION INTENDED FOR SALE WITHIN THE COMMON MARKET AND THAT INTENDED FOR EXPORT . THAT INTERPRETATION ALSO APPLIES MUTATIS MUTANDIS TO THE PROVISION OF SERVICES SUCH AS THE MANAGEMENT OF COPYRIGHTS .

2 . WHERE AN ASSOCIATION EXPLOITING COMPOSERS ' COPYRIGHTS IS TO BE REGARDED AS AN UNDERTAKING ABUSING A DOMINANT POSITION WITHIN THE COMMON MARKET OR IN A SUBSTANTIAL PART OF IT , THE FACT THAT SUCH ABUSE , IN CERTAIN CASES , RELATES ONLY TO THE PERFORMANCE IN NON-MEMBER COUNTRIES OF CONTRACTS ENTERED INTO ON THE TERRITORY OF A MEMBER STATE BY PARTIES WITHIN THE JURISDICTION OF THAT STATE DOES NOT PRECLUDE THE APPLICATION OF ARTICLE 86 OF THE TREATY .
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1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRICE FORMATION - NATIONAL MEASURES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PIGMEAT - BEEF AND VEAL - SELLING PRICE TO THE CONSUMER - MAXIMUM GROSS PROFIT MARGIN - UNILATERAL FIXING THEREOF BY A MEMBER STATE - PERMISSIBLE - CONDITIONS

( REGULATION NO 121/67/EEC AND REGULATION ( EEC ) NO 805/68 OF THE COUNCIL )

Summary

1 . ALTHOUGH , WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE EEC TREATY , IT IS NOT FOR THE COURT TO GIVE A RULING ON THE COMPATIBILITY OF RULES OF INTERNAL LAW WITH PROVISIONS OF COMMUNITY LAW , THE COURT IS COMPETENT TO SUPPLY THE NATIONAL COURT WITH ANY CRITERIA OF INTERPRETATION COMING WITHIN COMMUNITY LAW ENABLING THAT COURT TO DETERMINE WHETHER SUCH RULES ARE COMPATIBLE WITH THE COMMUNITY RULE EVOKED .

2 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , AND A FORTIORI WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION . HOWEVER , PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES , ON CONDITION THAT THEY DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET IN QUESTION , IN PARTICULAR ITS PRICE SYSTEM .

3 . REGULATION NO 121/67/EEC OF THE COUNCIL AND REGULATION ( EEC ) NO 805/68 OF THE COUNCIL , ON THE COMMON ORGANIZATIONS OF THE MARKETS IN PIGMEAT AND IN BEEF AND VEAL , RESPECTIVELY , BOTH VIEWED IN THE LIGHT OF REGULATIONS NOS 2305/71 , 1351/73 AND 1133/74 AS REGARDS PIGMEAT AND REGULATIONS NOS 1652/72 , 1192/73 AND 667/74 AS REGARDS BEEF AND VEAL , DO NOT PROHIBIT THE UNILATERAL FIXING BY A MEMBER STATE OF A MAXIMUM GROSS PROFIT MARGIN FOR THE RETAIL OF PIGMEAT OR BEEF AND VEAL WHICH IS CALCULATED ESSENTIALLY ON THE BASIS OF THE PURCHASE PRICES CHARGED AT PREVIOUS MARKETING STAGES AND WHICH VARIES ACCORDING TO THOSE PRICES , PROVIDED THAT THE PURCHASE PRICES USED IN THE CALCULATION OF THE PROFIT MARGIN ARE INCREASED BY THE MARKETING AND IMPORT COSTS ACTUALLY BORNE BY THE RETAILER AT THE SUPPLY STAGE AND AT THE STAGE OF SALE TO CONSUMERS AND THAT THE MARGIN IS FIXED AT A LEVEL WHICH DOES NOT IMPEDE INTRA-COMMUNITY TRADE .
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Keywords

AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - RATE APPLICABLE - REFERENCE DATE - DETERMINATION BY MEMBER STATES IN ABSENCE OF COMMUNITY PROVISIONS - GOODS IN PRIVATE CUSTOMS WAREHOUSE - DAY OF REMOVAL FROM WAREHOUSE

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 )

Summary

BEFORE THE RELEVANT COMMUNITY PROVISIONS ENTERED INTO FORCE IT WAS NOT ULTRA VIRES FOR THE NATIONAL LEGISLATURE TO SPECIFY THE DAY OF REMOVAL FROM THE WAREHOUSE AS THE REFERENCE DATE FOR THE APPLICATION , IN ACCORDANCE WITH THE PROVISIONS OF REGULATION NO 974/71 , OF THE RATE OF MONETARY COMPENSATORY AMOUNTS IN THE CASE OF THE IMPORTATION INTO THE COMMUNITY OF GOODS FROM NON-MEMBER COUNTRIES , WHICH WERE PLACED IN A PRIVATE WAREHOUSE IN A MEMBER STATE IN SEPTEMBER 1971 AND SUBSEQUENTLY PUT INTO FREE CIRCULATION .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - OBJECT - COORDINATION OF NATIONAL SCHEMES - CONSEQUENCES

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - PENSIONERS - BENEFITS PAYABLE BY THE STATE OF RESIDENCE OF THE RECIPIENT OF AN INVALIDITY PENSION - BENEFITS GREATER IN AMOUNT PREVIOUSLY AWARDED BY ANOTHER MEMBER STATE - RIGHT TO SUPPLEMENTARY BENEFITS

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 77 ( 2 ) ( B ) ( I ) )

Summary

1 . THE REGULATIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS DID NOT SET UP A COMMON SCHEME OF SOCIAL SECURITY , BUT ALLOWED DIFFERENT SCHEMES TO EXIST , CREATING DIFFERENT CLAIMS ON DIFFERENT INSTITUTIONS AGAINST WHICH THE CLAIMANT POSSESSES DIRECT RIGHTS BY VIRTUE EITHER OF NATIONAL LAW ALONE OR OF NATIONAL LAW SUPPLEMENTED , WHERE NECESSARY , BY COMMUNITY LAW . THE COMMUNITY RULES CANNOT , THEREFORE , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF THE BENEFIT OF A PART OF THE LEGISLATION OF A MEMBER STATE , NOR MAY THEY BRING ABOUT A REDUCTION IN THE BENEFITS AWARDED BY VIRTUE OF THAT LEGISLATION SUPPLEMENTED BY COMMUNITY LAW .

2 . ARTICLE 77 ( 2 ) ( B ) ( I ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT ENTITLEMENT TO FAMILY BENEFITS FROM THE STATE IN WHOSE TERRITORY THE RECIPIENT OF AN INVALIDITY PENSION RESIDES DOES NOT TAKE AWAY THE RIGHT TO HIGHER BENEFITS AWARDED PREVIOUSLY BY ANOTHER MEMBER STATE . IF THE AMOUNT OF FAMILY BENEFITS ACTUALLY RECEIVED BY THE WORKER IN THE MEMBER STATE IN WHICH HE RESIDES IS LESS THAN THE AMOUNT OF THE BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE OTHER MEMBER STATE , HE IS ENTITLED TO A SUPPLEMENT TO THE BENEFITS FROM THE COMPETENT INSTITUTION OF THE LATTER STATE EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
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Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROROGATION OF JURISDICTION - AGREEMENTS CONFERRING JURISDICTION - VALIDITY WITH RESPECT TO A PERSON DOMICILED IN LUXEMBOURG - SPECIAL REQUIREMENTS AS TO FORM - EXPRESS AND SPECIFIC AGREEMENT - CONCEPT

( CONVENTION OF 27 SEPTEMBER 1968 , PROTOCOL , ART . I , SECOND PARAGRAPH )

Summary

THE SECOND PARAGRAPH OF ARTICLE I OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED AS MEANING THAT A CLAUSE CONFERRING JURISDICTION WITHIN THE MEANING OF THAT PROVISION MAY NOT BE CONSIDERED TO HAVE BEEN EXPRESSLY AND SPECIFICALLY AGREED TO BY A PERSON DOMICILED IN LUXEMBOURG UNLESS THAT CLAUSE , BESIDES BEING IN WRITING AS REQUIRED BY ARTICLE 17 OF THE CONVENTION , IS MENTIONED IN A PROVISION SPECIALLY AND EXCLUSIVELY MEANT FOR THIS PURPOSE AND WHICH HAS BEEN SPECIFICALLY SIGNED BY THE PARTY DOMICILED IN LUXEMBOURG ; IN THIS RESPECT THE SIGNING OF THE CONTRACT AS A WHOLE DOES NOT IN ITSELF SUFFICE . IT IS NOT HOWEVER NECESSARY FOR THAT CLAUSE TO BE MENTIONED IN A DOCUMENT SEPARATE FROM THE ONE WHICH CONSTITUTES THE WRITTEN INSTRUMENT OF THE CONTRACT .