ddrg/super_eurlex huggingface dataset:
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PROCESSED PRODUCTS - EXPORT REFUND CALCULATED IN RESPECT OF THE BASIC PRODUCT - AMOUNT - DEDUCTION OF THE REFUND TO PRODUCERS GRANTED FOR THE BASIC PRODUCT

( REGULATION NO 141/64 OF THE COUNCIL, ARTICLE 18; REGULATION NO 163/64 OF THE COMMISSION, ARTICLE 3 ( B ))

Summary

ARTICLE 18 OF REGULATION ( EEC ) NO 141/64 IN CONJUNCTION WITH ARTICLE 3 ( B ) OF REGULATION NO 163/64 MUST BE INTERPRETED AS MEANING THAT THE AMOUNT OF THE REFUND ON EXPORT OF ONE OF THE PROCESSED PRODUCTS REFERRED TO IN THESE REGULATIONS MUST BE REDUCED BY THE REFUND TO PRODUCERS GRANTED AT THE DATE OF EXPORTATION BY THE EXPORTING MEMBER STATE FOR THE BASIC PRODUCT ON WHICH THE REFUND WAS CALCULATED .
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1 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - EXPORTATION - QUALITY CONTROL - NO SERVICE ACTUALLY RENDERED

( EEC TREATY, ARTICLES 9, 12, 13, 16 .)

2 . CUSTOMS DUTIES ON EXPORTS - AGRICULTURAL PRODUCTS - FRUIT AND VEGETABLES - CHARGES HAVING EQUIVALENT EFFECT - ABOLITION - REGULATIONS - RESTRICTED TO IMPORT DUTIES - DATE OF ENTRY INTO FORCE

( EEC TREATY, ARTICLE 16, REGULATION NO 159/66 OF THE COUNCIL, ARTICLE 13 )

Summary

1 . ANY PECUNIARY CHARGE, WHATEVER ITS DESIGNATION AND MODE OF APPLICATION, WHICH IS IMPOSED UNILATERALLY ON DOMESTIC GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9, 12, 13 AND 16 OF THE TREATY, EVEN IF IT IS NOT IMPOSED FOR THE BENEFIT OF THE STATE . IT CANNOT REPRESENT CONSIDERATION FOR A SERVICE ACTUALLY PROVIDED FOR THE EXPORTER WHEN THIS SERVICE CONSISTS IN A QUALITY CONTROL OF PRODUCTS FOR EXPORT, COUPLED WITH A PROHIBITION ON THE EXPORT OF PRODUCTS WHICH DO NOT MEET THE STANDARDS OF QUALITY PROVIDED FOR BY NATIONAL LAW, EVEN IF SUCH AN OBSTACLE TO THE FREE MOVEMENT OF GOODS WERE TO BE CONSIDERED LEGAL IN THE ABSENCE OF COMMUNITY RULES AS TO QUALITY .

2 . SINCE ARTICLES 39 TO 46 DO NOT PROVIDE FOR EXCEPTIONS TO ARTICLE 16 OF THE TREATY, THE PROHIBITION OF CUSTOMS DUTIES ON EXPORTS AND CHARGES HAVING EQUIVALENT EFFECT HAS APPLIED TO ALL PRODUCTS, WITH DIRECT EFFECT, FROM 1 JANUARY 1962 . BY FIXING THE DATE FOR THE ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT AT 1 JANUARY 1967, ARTICLE 13 OF REGULATION NO 159/66 CAN THEREFORE ONLY HAVE REFERRED TO DUTIES AND CHARGES ON IMPORTS WHICH WERE STILL IN FORCE BETWEEN MEMBER STATES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - AGRICULTURAL PRICES - FORMATION OF PRICES - CONJUNCTURAL POLICY - UNILATERAL ACTION BY A MEMBER STATE - PROHIBITION

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - AGRICULTURAL PRICES - UNILATERAL ACTION BY A MEMBER STATE AT THE RETAIL PRICE STAGE - COMPATIBILITY

Summary

1 . IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET, AND ESPECIALLY WHEN THIS ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM, MEMBER STATES CAN NO LONGER TAKE ACTION, THROUGH NATIONAL PROVISIONS TAKEN UNILATERALLY, AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER THE COMMON ORGANIZATION .

ARTICLE 103, WHICH REFERS TO MEMBER STATES' CONJUNCTURAL POLICIES, DOES NOT RELATE TO THOSE AREAS ALREADY SUBJECT TO COMMON RULES SUCH AS THE ORGANIZATION OF AGRICULTURAL MARKETS .

THE ONLY WAY COMPATIBLE WITH COMMUNITY LAW OF ENABLING MEMBER STATES TO ATTAIN, IN A SECTOR COVERED BY A COMMON ORGANIZATION OF THE MARKET, THE OBJECTIVES SOUGHT BY NATIONAL LEGISLATION AND INTENDED TO COMBAT A RISE IN PRICES, IS FOR THOSE STATES TO TAKE, AT THE COMMUNITY LEVEL, THE NECESSARY ACTION FOR THE PURPOSE OF PROMPTING THE COMPETENT COMMUNITY AUTHORITY TO INSTITUTE OR AUTHORIZE MEASURES WHICH ARE CONSISTENT WITH THE SINGLE MARKET .

2 . THE PRICE SYSTEM ESTABLISHED BY REGULATIONS NOS 120/67 AND 136/66 IS APPLICABLE SOLELY AT THE PRODUCTION AND WHOLESALE STAGE, WITH THE RESULT THAT THESE PROVISIONS LEAVE MEMBER STATES FREE - WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY - TO TAKE THE 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 .
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1 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - COMPULSORY PUBLICATION - LIMITATION - CONSIDERATION OF PROMOTIONS OR OF TRANSFERS

( STAFF REGULATIONS OF OFFICIALS, SECOND AND THIRD PARAGRAPHS OF ARTICLE 4 )

2 . OFFICIALS - RECRUITMENT - DIFFERENT POSTS CORRESPONDING TO DIFFERENT GRADES - SINGLE COMPETITION - PERMISSIBILITY - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 5 )

3 . OFFICIALS - RECRUITMENT - PROMOTION - CHANGE OF CATEGORY - COMPETITION - CONDITIONS - DECISION - DISCRETION ENJOYED BY THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 45 ( 2 ))

4 . OFFICIALS - RECRUITMENT - COMPETITION - PROCEDURE - SELECTION BOARD - STATUS OF OFFICIAL NOT INDISPENSABLE

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, FIRST AND THIRD PARAGRAPHS OF ARTICLE 3 )

5 . OFFICIALS - RECRUITMENT - COMPETITION - PROCEDURE - TESTS - ORGANIZATION - THIRD PARTIES - INTERVENTION - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, SECOND PARAGRAPH OF ARTICLE 3 )

Summary

1 . ALTHOUGH THE VACANCY NOTICE MUST NECESSARILY PRECEDE THE NOTICE OF COMPETITION, FAILING WHICH THERE IS AN INFRINGEMENT OF THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 4 OF THE STAFF REGULATIONS, THIS IS IN ORDER TO ENABLE THE APPOINTING AUTHORITY TO EXAMINE, BEFORE COMMENCING THE PROCEDURE FOR A COMPETITION, WHETHER THE POST SHOULD BE FILLED BY TRANSFER OR PROMOTION .

2 . THE ORGANIZATION OF A SINGLE COMPETITION FOR DIFFERENT POSTS CORRESPONDING TO DIFFERENT GRADES WITH THE PROVISION THAT THE TASKS REQUIRING MORE RESPONSIBILITY SHOULD BE RESERVED FOR THE HIGHEST PLACED CANDIDATES DOES NOT INFRINGE ARTICLE 5 OF THE STAFF REGULATIONS OF OFFICIALS WHEN THESE DIFFERENT POSTS INVOLVE THE PERFORMANCE OF LARGELY SIMILAR DUTIES .

3 . IN CASES OF PROMOTION BY CHANGE OF CATEGORY, THE ADMINISTRATION ENJOYS A WIDE DISCRETION IN DECIDING UPON THE CRITERIA OF ABILITY REQUIRED FOR THE NEWLY-CREATED POSTS AND CONSEQUENTLY IN DECIDING UPON THE RULES OF THE COMPETITION IN VIEW OF THESE CRITERIA AND IN THE INTERESTS OF THE SERVICE .

4 . IT APPEARS CLEARLY BOTH FROM A COMPARISON OF THE VERSIONS IN THE VARIOUS LANGUAGES AND FROM THE RELATIONSHIP BETWEEN THE FIRST AND THIRD PARAGRAPHS OF ARTICLE 3 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS THAT THIS PROVISION MUST BE INTERPRETED AS MEANING THAT IF THE MEMBERS OF THE SELECTION BOARD ARE OFFICIALS THEY MUST BE OF A GRADE AT LEAST EQUAL TO THAT OF THE POST TO BE FILLED WITHOUT, HOWEVER, EITHER THE MEMBERS OR THE PRESIDENT OF THE SELECTION BOARD HAVING NECESSARILY TO BE OFFICIALS .

5 . THE INTERVENTION OF A THIRD PARTY IN THE ORGANIZATION OF THE COMPETITION TESTS IS AUTHORIZED BY THE SECOND PARAGRAPH OF ARTICLE 3 OF ANNEX III TO THE STAFF REGULATIONS ON CONDITION THAT IT IS IN AN ADVISORY CAPACITY AND THAT THE SELECTION BOARD RETAINS ULTIMATE CONTROL OVER THE PROCEDURES AND ITS DISCRETIONARY POWER .
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COMMON CUSTOMS TARIFF - APPLICATION - VALUE FOR CUSTOMS PURPOSES - DETERMINATION - AGREED WEIGHT BY UNIT OF THE GOODS - COMPULSORY GUARANTEE - EXCESS OF TOTAL WEIGHT AS A FORESEEABLE CONSEQUENCE - SUCH EXCESS TO BE TAKEN INTO CONSIDERATION

( COMMON CUSTOMS TARIFF, GENERAL RULES, SECTION C 1; REGULATION ( EEC ) NO 803/68 OF THE COUNCIL )

Summary

FOR THE DETERMINATION OF THE VALUE OF GOODS FOR CUSTOMS PURPOSES, THE EXCESS OF TOTAL WEIGHT OF SUCH GOODS, WHICH IS THE FORESEEABLE CONSEQUENCE OF THE OBLIGATION TO GUARANTEE THE AGREED MINIMUM WEIGHT PER UNIT, MUST BE TAKEN INTO CONSIDERATION .

THIS CONSEQUENCE IS ABOVE ALL FORESEEABLE WHEN THE INVOICED PRICE FOR THE GOODS HARDLY EXCEEDS THE VALUE LIMIT IN QUESTION .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - RIGHTS CREATED BY THE TREATY - EXERCISE - DETAILED RULES - POWER OF THE COUNCIL

( EEC TREATY, ARTICLE 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL BENEFITS - OVERLAPPING - LIMITATION - ENTITLEMENT BY VIRTUE OF NATIONAL LEGISLATION ALONE - REDUCTION - PROHIBITION

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

Summary

1 . THE COUNCIL, IN THE EXERCISE OF THE POWERS WHICH IT HOLDS UNDER ARTICLE 51 CONCERNING THE COORDINATION OF SOCIAL SECURITY SCHEMES OF THE MEMBER STATES, HAS THE POWER, IN CONFORMITY WITH THE PROVISIONS OF THE TREATY, TO LAY DOWN DETAILED RULES FOR THE EXERCISE OF RIGHTS TO SOCIAL BENEFITS WHICH THE PERSONS CONCERNED DERIVE FROM THE TREATY .

2 . A LIMITATION ON THE OVERLAPPING OF BENEFITS WHICH WOULD LEAD TO A DIMINUTION OF THE RIGHTS WHICH THE PERSONS CONCERNED ALREADY ENJOY IN A MEMBER STATE BY VIRTUE OF THE APPLICATION OF THE NATIONAL LEGISLATION ALONE IS INCOMPATIBLE WITH ARTICLE 51 .

ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 OF THE COUNCIL IS ACCORDINGLY INCOMPATIBLE WITH ARTICLE 51 OF THE TREATY TO THE EXTENT TO WHICH IT IMPOSES A LIMITATION ON THE OVERLAPPING OF TWO BENEFITS ACQUIRED IN DIFFERENT MEMBER STATES BY A REDUCTION IN THE AMOUNT OF A BENEFIT ACQUIRED UNDER NATIONAL LEGISLATION ALONE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING PREMIUMS - ADJUSTMENT - THREATS OF DISTURBANCE - INTERVENTION MEASURES - CHOICE - DISCRETION OF COMMISSION - CONTROL BY THE COURT - JURISDICTION OF THE COURT - LIMITS

( REGULATION NO 120/67 OF THE COUNCIL; REGULATION NO 172/67 OF THE COUNCIL, ARTICLE 4, AS AMENDED BY REGULATION NO 644/68 OF THE COUNCIL )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING SYSTEM - ADJUSTMENT DURING THE MARKETING YEAR - EXCEPTIONAL NATURE

( REGULATION NO 172/67 OF THE COUNCIL, ARTICLE 4, AS AMENDED BY REGULATION NO 644/68 OF THE COUNCIL )

Summary

1 . IN ORDER TO MEET THE THREAT OF DISTURBANCE, THE COMMISSION HAS WIDE DISCRETION BOTH AS REGARDS THE POSSIBLE FACTORS OF DISTURBANCE WHICH IT CONSIDERS AND THE CHOICE OF MEANS INTENDED TO MEET IT, WHICH MUST BE EXERCISED IN THE LIGHT OF THE OBJECTIVES OF ECONOMIC POLICY IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY .

THE COMMISSION HAS THE POWER COMPLETELY TO SUSPEND PAYMENT OF A PREMIUM IF THE ECONOMIC CIRCUMSTANCES REQUIRE .

WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY, BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWERS .

2 . ADJUSTMENTS OF THE DENATURING SYSTEM DURING THE MARKETING YEAR ARE OF AN EXCEPTIONAL NATURE IN VIEW OF THE FACT THAT PREMIUMS ARE FIXED FOR THE DURATION OF EACH MARKETING YEAR AND MAY BE ADJUSTED DURING THE MARKETING YEAR ONLY WHERE THE BALANCE OF THE MARKET IS LIKELY TO BE DISTURBED .

DENATURING UNDERTAKINGS MAY THEREFORE LEGITIMATELY ARRANGE THEIR PROJECTS FOR THE ENTIRE CEREAL MARKETING YEAR .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - PERIODS COMPLETED IN SEVERAL MEMBER STATES - AGGREGATION - NECESSARY FOR ENTITLEMENT TO A PENSION IN ONE OF THOSE STATES - BENEFITS - CALCULATION BASED ON AN AVERAGE CONTRIBUTION - PRO RATA CALCULATION - METHOD

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 28 )

Summary

SUBPARAGRAPH ( C ) OF ARTICLE 28 ( 1 ) DOES NOT DEPART FROM THE RULE LAID DOWN IN THE PRECEDING SUBPARAGRAPHS, ACCORDING TO WHICH THE COROLLARY OF THE AGGREGATION OF INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION OF EACH OF THE MEMBER STATES IN QUESTION IS A PRO RATA CALCULATION BY EACH OF THE RELEVANT INSTITUTIONS OF THE AMOUNTS OF THE BENEFITS .

ACCORDINGLY, IN CIRCUMSTANCES IN WHICH FOR AN INSURED PERSON WHO HAS BEEN SUCCESSIVELY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES TO ACQUIRE A RIGHT TO AN INVALIDITY PENSION IT IS NECESSARY TO TAKE INTO ACCOUNT THE INSURANCE PERIODS COMPLETED IN ONE OF THESE STATES AS SUCH INSURED PERSON DOES NOT FULFIL THE CONDITIONS LAID DOWN IN THE OTHER FOR ENTITLEMENT THERETO AND WHERE, UNDER THE LEGISLATION OF THIS LATTER STATE, THE CALCULATION OF BENEFITS IS BASED UPON AN AVERAGE WAGE OR AN AVERAGE CONTRIBUTION, WITHOUT REGARD TO THE LENGTH OF THE PERIOD OF EMPLOYMENT, THE PRO RATA CALCULATION MUST BE MADE AFTER AGGREGATION OF ALL THE INSURANCE PERIODS, AS PROVIDED IN ARTICLE 28 ( 1 ) ( B ) OF REGULATION NO 3 .
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1 . EEC - INSTITUTIONS - COMMISSION - IMPLEMENTING POWERS CONFERRED BY THE COUNCIL - WIDE INTERPRETATION

( EEC TREATY, ARTICLE 155 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - COMMON PRICES - ALTERATION - DISTURBANCES ON THE MARKET - MEASURES TAKEN BY THE COMMISSION - MANAGEMENT COMMITTEE PROCEDURE - BASIC RULES - EXCLUSIVE POWERS OF THE COMMISSION

( REGULATION NO 1009/67 OF THE COUNCIL, ARTICLE 37 ( 2 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - COMMON PRICES - DISTURBANCES ON THE ITALIAN MARKET - SUGAR STOCKS - HOLDERS - IMPOSITION - BASIC CONDITIONS - OMISSION

( REGULATION NO 834/74 OF THE COMMISSION, ARTICLE 6 )

4 . PRELIMINARY RULINGS - COMMUNITY MEASURES - DECLARATION OF INVALIDITY BY THE COURT - CONSEQUENCES - NATIONAL IMPLEMENTING MEASURE - NATIONAL AUTHORITIES - POWER

( EEC TREATY, ARTICLE 177 )

Summary

1 . THE POWERS CONFERRED BY THE COUNCIL ON THE COMMISSION FOR THE IMPLEMENTATION OF THE RULES OF THE TREATY MUST BE GIVEN A WIDE INTERPRETATION AS APPEARS FROM THE GENERAL CONTEXT OF THE TREATY AND PRACTICAL REQUIREMENTS .

WHEN THE COUNCIL HAS CONFERRED ON THE COMMISSION, USING THE MANAGEMENT COMMITTEE PROCEDURE, A VERY WIDE POWER OF IMPLEMENTATION OF THE AGRICULTURAL POLICY, THE LIMITS OF THIS POWER MUST BE JUDGED WITH REGARD TO THE BASIC GENERAL OBJECTIVES OF THE ORGANIZATION OF THE MARKET AND LESS IN TERMS OF THE LITERAL MEANING OF THE ENABLING WORDS .

2 . ARTICLE 37 ( 2 ) CANNOT BE INTERPRETED AS ENABLING THE COMMISSION TO IMPOSE UPON A MEMBER STATE THE OBLIGATION TO DRAW UP, UNDER THE GUISE OF IMPLEMENTATION MEASURES, ESSENTIAL BASIC RULES WHICH WOULD NOT BE SUBJECT TO ANY CONTROL BY THE COUNCIL .

IT MUST DETERMINE THEM ITSELF IN A PRECISE MANNER WHEN IT DECIDES, AFTER CONSULTATION WITH THE MANAGEMENT COMMITTEE, TO REQUIRE CERTAIN HOLDERS OF SUGAR OF A MEMBER STATE TO PAY A TAX ON THEIR STOCKS .

3 . ARTICLE 6 IS NOT VALID, FOR, IN NOT SPECIFYING THE BASES OF THE CALCULATION OF THE TAX ON SUGAR STOCKS HELD AND THE CLASSES OF TRADERS SUBJECT THERETO, THE COMMISSION HAS OMITTED BASIC RULES .

4 . IT IS FIRST OF ALL FOR THE NATIONAL AUTHORITIES TO DRAW THE CONSEQUENCES IN THEIR LEGAL SYSTEM OF THE DECLARATION OF SUCH INVALIDITY MADE UNDER ARTICLE 177 OF THE EEC TREATY AS REGARDS THE NATIONAL MEASURE IMPLEMENTING THE COMMUNITY MEASURE IN QUESTION .
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1 . EEC - NON-CONTRACTUAL LIABILITY - COMMUNITY LEGISLATION - COURSE TO BE TAKEN - EXPECTATION - ABSENCE -RESULTS - DAMAGE - COMPENSATION - CONDITIONS

( EEC TREATY , ARTICLE 215 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - INTRA-COMMUNITY TRADE AND TRADE OUTSIDE THE COMMUNITY - MONETARY CRISIS - COMPENSATORY AMOUNTS - PURPOSE - MAINTENANCE - CONDITIONS

Summary

1 . ON THE ASSUMPTION THAT THE PARTIES CONCERNED COULD MAKE THE COM- MUNITY LIABLE FOR THE CONSEQUENCES OF AN UNFILLED EXPECTATION CONCERNING THE COURSE WHICH COMMUNITY LEGISLATION WILL TAKE , SUCH LIABILITY COULD ONLY EXIST WITH REGARD TO ACTUAL AND CERTAIN LOSSES WHICH THEY HAD SUFFERED AS A RESULT .

2 . SINCE THE OBJECT OF THE ESTABLISHMENT OF THE SYSTEM OF MONETARY COM- PENSATORY AMOUNTS WAS THE MAIN- TENANCE OF SINGLE AGRICULTURAL PRICES , THE GRANTING OR LEVYING OF COMPENSA- TORY AMOUNTS IS ACCEPTABLE IN RESPECT OF A SPECIFIC PRODUCT ONLY IF TRADE IN THAT PRODUCT ( INTRA-COMMUNITY OR WITH THIRD COUNTRIES ) WOULD BE DISTURBED IN THEIR ABSENCE .
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1 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - MEANING - PUBLIC HEALTH INSPECTION - CHARGE - IMPOSITION - PROHIBITION

( EEC TREATY ARTICLES 9 , 12 )

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DIRECT EFFECT

( EEC TREATY ARTICLE 13 ( 2 ) )

3 . CUSTOMS DUTIES - ASSOCIATED STATES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - SUBJECTIVE RIGHTS - SAFEGUARD

4 . ASSOCIATED STATES - MEMBER STATES - OBLIGATIONS - YAOUNDE CONVENTION OF 1963 - DURATION

Summary

1 . WHATEVER ITS DESIGNATION AND MODE OF APPLICATION , A PECUNIARY CHARGE WHICH IS IMPOSED UNILATERALLY ON GOODS IMPORTED FROM ANOTHER MEMBER STATE WHEN THEY CROSS A FRONTIER CONSTITUTES A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY .

NOR , IN DETERMINING THE EFFECTS OF THE DUTY ON THE FREE MOVEMENT OF GOODS , IS IT OF ANY IMPORTANCE THAT A DUTY IS PROPORTIONATE TO THE COSTS OF A COMPULSORY PUBLIC HEALTH INSPECTION CARRIED OUT ON ENTRY OF THE GOODS , SINCE THE ACTIVITY OF THE ADMINISTRATION OF THE STATE INTENDED TO MAINTAIN A PUBLIC HEALTH INSPECTION SYSTEM IMPOSED IN THE GENERAL INTEREST CANNOT BE REGARDED AS A SERVICE RENDERED TO THE IMPORTER SUCH AS TO JUSTIFY THE IMPOSITION OF A PECUNIARY CHARGE .

2 . THE DIRECT EFFECT OF ARTICLE 13 ( 2 ) OF THE TREATY CAN ONLY BE INVOKED WITH EFFECT FROM 1 JANUARY 1970 .

3 . ARTICLE 2 ( 1 ) OF THE CONVENTION SIGNED AT YAOUNDE ON 20 JULY 1963 CONFERS , WITH EFFECT FROM 1 JANUARY 1970 , ON THOSE SUBJECT TO COMMUNITY LAW THE RIGHT , WHICH THE NATIONAL COURTS OF THE COMMUNITY MUST PROTECT , NOT TO PAY TO A MEMBER STATE A CHARGE HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .

4 . THE OBLIGATIONS IMPOSED UPON THE MEMBER STATES BY THE YAOUNDE CONVENTION OF 1963 CONTINUED TO EXIST WITHOUT INTERRUPTION UNTIL THE ENTRY INTO FORCE OF THE CONVENTION SIGNED AT YAOUNDE ON 29 JULY 1969 .
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OFFICIALS - RATIONALIZATION OF DEPARTMENTS CONSEQUENT UPON THE ACCESSION TREATY - SCHEME FOR THE TERMINATION OF SERVICE OF OFFICIALS - ALLOWANCE - AGGREGATION WITH INCOME ACCRUING FROM NEW EMPLOYMENT - CALCULATION IN ACCORDANCE WITH ARTICLE 3 ( 4 ) OF REGULATION NO 2530/72 - FAMILY ALLOWANCES EXCLUDED

Summary

IT APPEARS FROM THE COMBINATION OF ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS AND ARTICLE 3 ( 4 ) AND ( 5 ) OF REGULATION NO 2530/72 THAT FAMILY ALLOWANCES , BOTH THOSE GRANTED UNDER NATIONAL LEGISLATION AND THOSE GRANTED BY THE COMMUNITY , ARE EXEMPT FROM THE CALCULATION PROVIDED FOR IN ARTICLE 3 ( 4 ) OF REGULATION NO 2530/72 AND ARE THE SUBJECT OF SPECIAL NON-AGGREGATION RULES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - RETIRED PERSON - BENEFITS WITHIN THE MEANING OF ARTICLE 27 OF REGULATION NO 1408/71 - CONCEPT - VOLUNTARY SICKNESS INSURANCE - CONTRIBUTION - ALLOWANCE TOWARDS - GRANT UNDER THE LEGISLATION OF ANOTHER MEMBER STATE - SAFEGUARD

Summary

ARTICLE 27 OF REGULATION NO 1408/71 REFERS ONLY TO SICKNESS OR MATERNITY BENEFITS GRANTED BY THE COMPETENT INSTITUTION OF THE STATE IN WHICH THE RETIRED PERSON RESIDES AFTER THESE RISKS MATERIALIZE , AND CANNOT AFFECT ANY RIGHT OF THE RETIRED PERSON TO RECEIVE , UNDER THE LEGISLATION OF ANOTHER STATE , A BENEFIT OF THE TYPE OF AN ALLOWANCE TOWARDS THE CONTRIBUTION TO A VOLUNTARY SICKNESS INSURANCE .
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1 . OFFICIALS - ACTIONS INVOLVING THE EUROPEAN INVESTMENT BANK - REDUCTION OF STAFF - LAWFULNESS - CONDITIONS

( STAFF REGULATIONS OF THE BANK , ARTICLE 16 )

2 . OFFICIALS - REDUCTION OF STAFF - CRITERIA - MERITS OF THE PERSONS CONCERNED - PRIMARY CONSIDERATION - DISGUISED DISCIPLINARY MEASURE - ABSENCE

Summary

1 . A DEPARTMENTAL REORGANIZATION INVOLVING A REDUCTION OF STAFF IS NOT CONTRARY TO THE TENOR OF THE CONDITIONS OF EMPLOYMENT LAID DOWN BY THE BANK AND CONFIRMED BY ITS STAFF REGULATIONS , THE THIRD PARAGRAPH OF ARTICLE 16 OF WHICH PROVIDES : ' CONTRACTS FOR AN INDEFINITE PERIOD MAY BE TERMINATED BY DUE NOTICE GIVEN BY ONE PARTY TO THE OTHER ' .

2 . THE GENERAL PRACTICE , WHERE THERE IS A REDUCTION OF STAFF , OF BEGINNING , ALL THINGS BEING EQUAL , WITH SINGLE PERSONS AND THOSE MOST RECENTLY APPOINTED , DOES NOT PREVENT THE MERITS OF THE PERSONS CONCERNED AND THEIR CONDUCT IN THE DEPARTMENT FROM BEING PRIMARILY TAKEN INTO ACCOUNT . TAKING ACCOUNT OF SUCH CRITERIA CANNOT IN ITSELF CONSTITUTE A DISGUISED DISCIPLINARY MEASURE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - PERSONS ENTITLED - WORKERS - MEMBERS OF THEIR FAMILIES - NATIONALITY

Summary

ARTICLES 67 TO 70 OF REGULATION NO 1408/71 HAVE ONLY ONE MAIN PURPOSE , NAMELY THE COORDINATION OF THE RIGHTS TO UNEMPLOYMENT BENEFITS PROVIDED BY VIRTUE OF THE NATIONAL LEGISLATION OF THE MEMBER STATES FOR EMPLOYED PERSONS WHO ARE NATIONALS OF A MEMBER STATE . THE MEMBERS OF THE FAMILY OF SUCH WORKERS ARE ENTITLED ONLY TO THE BENEFITS PROVIDED BY SUCH LEGISLATION FOR THE MEMBERS OF THE FAMILY OF UNEMPLOYED WORKERS AND IT IS TO BE UNDERSTOOD THAT THE NATIONALITY OF THOSE MEMBERS OF THE FAMILY DOES NOT MATTER FOR THIS PURPOSE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT OF A WORKER , OTHER THAN A FRONTIER WORKER , OCCUPIED IN ANOTHER MEMBER STATE - BENEFITS - CLAIM IN THE MEMBER STATE OF RESIDENCE - CONCEPT OF RESIDENCE

( REGULATION NO 1408/71 , ARTICLE 71 ( 1 ) ( B ) ( II )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT OF A WORKER , OTHER THAN A FRONTIER WORKER , OCCUPIED IN ANOTHER MEMBER STATE - BENEFITS - CLAIM IN THE MEMBER STATE OF RESIDENCE - GRANT - CONDITIONS

( REGULATION NO 1408/71 , ARTICLE 71 ( 1 ) ( B ) ( II )

Summary

1 . THE CONCEPT OF THE MEMBER STATE IN WHICH THE WORKER RESIDES , APPEARING IN ARTICLE 71 ( 1 ) ( B ) ( II ) OF REGULATION NO 1408/71 , MUST BE LIMITED TO THE STATE WHERE THE WORKER , ALTHOUGH OCCUPIED IN ANOTHER MEMBER STATE , CONTINUES HABITUALLY TO RESIDE AND WHERE THE HABITUAL CENTRE OF HIS INTERESTS IS ALSO SITUATED .

THE ADDITION OF THE WORDS ' OR WHO RETURNS TO THAT TERRITORY ' IMPLIES MERELY THAT THE CONCEPT OF RESIDENCE IN A STATE DOES NOT NECESSARILY EXCLUDE NON-HABITUAL RESIDENCE IN ANOTHER MEMBER STATE .

2 . FOR THE PURPOSES OF APPLYING ARTICLE 71 ( 1 ) ( B ) ( II ), ACCOUNT SHOULD BE TAKEN OF THE LENGTH AND CONTINUITY OF RESIDENCE BEFORE THE PERSON CONCERNED MOVED , THE LENGTH AND PURPOSE OF HIS ABSENCE , THE NATURE OF THE OCCUPATION FOUND IN THE OTHER MEMBER STATE AND THE INTENTION OF THE PERSON CONCERNED AS IT APPEARS FROM ALL THE CIRCUM- STANCES .
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1 . COMPETITION - AGREEMENTS - EXCLUSIVE PURCHASE AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS IN A SINGLE MEMBER STATE - CHARACTERISTICS SET OUT IN ARTICLE 3 OF REGULATION NO 67/67 - ABSENCE - ADVERSE EFFECT ON TRADE BETWEEN MEMBER STATES - PROHIBITION - EXEMPTION BY CATEGORY

( REGULATION NO 67/67 OF THE COMMISSION , ARTICLE 1 ( 2 ))

2 . COMPETITION - NETWORK OF AGREEMENTS - CUMULATIVE EFFECT - REGULATION NO 67/67 - APPLICABILITY

Summary

1 . AGREEMENTS TO WHICH ONLY TWO UNDERTAKINGS FROM ONE MEMBER STATE ONLY ARE PARTY , UNDER WHICH ONE PARTY AGREES WITH THE OTHER TO PURCHASE ONLY FROM THAT OTHER CERTAIN GOODS FOR RESALE AND WHICH DO NOT DISPLAY THE FEATURES SET OUT IN ARTICLE 3 OF REGULATION NO 67/67 OF THE COMMISSION , QUALIFY FOR THE EXEMPTION BY CATEGORY PROVIDED FOR IN THAT REGULATION IF , FAILING EXEMPTION , THEY WOULD FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) OF THE EEC TREATY .

2 . NEITHER THE SPIRIT NOR THE OBJECTIVES OF REGULATION NO 67/67 ARE OPPOSED TO THE APPLICABILITY OF THAT REGULATION TO AGREEMENTS WHICH FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 85 ONLY BECAUSE OF THE CUMULATIVE EFFECT PRODUCED BY THE EXISTENCE OF ONE OR MORE NETWORKS OF SIMILAR AGREEMENTS .