ddrg/super_eurlex huggingface dataset:
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CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMMERCIAL MATTERS - JURISDICTION IN THE CASE OF SALES AND LOANS ON INSTALMENTS - CONCEPT OF ' ' SALE OF GOODS ON INSTALMENT CREDIT TERMS ' ' - INDEPENDENT CLASSIFICATION WITHIN THE CONTEXT OF THE CONVENTION - DESCRIPTION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 13 AND 14 )

Summary

SINCE THE CONCEPT OF A CONTRACT OF SALE ON INSTALMENT CREDIT TERMS VARIES FROM ONE MEMBER STATE TO ANOTHER , IN ACCORDANCE WITH THE OBJECTIVES PURSUED BY THEIR RESPECTIVE LAWS , IT IS NECESSARY , IN THE CONTEXT OF THE CONVENTION , TO CONSIDER THAT CONCEPT AS BEING INDEPENDENT AND THEREFORE TO GIVE IT A UNIFORM SUBSTANTIVE CONTENT ALLIED TO THE COMMUNITY ORDER .

ACCORDING TO THE PRINCIPLES COMMON TO THE LAWS OF THE MEMBER STATES , THE SALE OF GOODS ON INSTALMENT CREDIT TERMS IS TO BE UNDERSTOOD AS A TRANSACTION IN WHICH THE PRICE IS DISCHARGED BY WAY OF SEVERAL PAYMENTS OR WHICH IS LINKED TO A FINANCING CONTRACT . HOWEVER , A RESTRICTIVE INTERPRETATION OF THE SECOND PARAGRAPH OF ARTICLE 14 OF THE CONVENTION , IN CONFORMITY WITH THE OBJECTIVES PURSUED BY SECTION 4 , ENTAILS THE RESTRICTION OF THE JURISDICTIONAL ADVANTAGE FOR WHICH PROVISION IS MADE BY THAT ARTICLE TO BUYERS WHO ARE IN NEED OF PROTECTION , THEIR ECONOMIC POSITION BEING ONE OF WEAKNESS IN COMPARISON WITH SELLERS BY REASON OF THE FACT THAT THEY ARE PRIVATE FINAL CONSUMERS AND ARE NOT ENGAGED , WHEN BUYING THE PRODUCT ACQUIRED ON INSTALMENT CREDIT TERMS , IN TRADE OR PROFESSIONAL ACTIVITIES .
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TRANSPORT - COMMON POLICY - POWERS OF THE COUNCIL - EXTENT - LEGISLATION RELATING TO SOCIAL POLICY AND ROAD SAFETY - ADOPTION - LAWFULNESS

( EEC TREATY , ARTS . 74 AND 75 ; REGULATION NO 543/69 OF THE COUNCIL )

Summary

IN GIVING THE COUNCIL THE TASK OF ADOPTING A COMMON TRANSPORT POLICY WITHIN THE MEANING OF ARTICLE 74 , THE TREATY CONFERS WIDE LEGISLATIVE POWERS UPON IT AS REGARDS THE ADOPTION OF APPROPRIATE COMMON RULES . REGULATION NO 543/69 OF THE COUNCIL , ADOPTED UNDER ARTICLE 75 OF THE TREATY AND REFERRING MAINLY TO THE SOCIAL SPHERE , IS MERELY A PARTIAL IMPLEMENTATION OF SUCH A POLICY . THE COUNCIL DID NOT EXCEED ITS POWERS BY REGULATING , BY THIS MEASURE , MATTERS WHICH CONCERN THE SOCIAL PROTECTION OF THE DRIVER AND ROAD SAFETY IN SO FAR AS THEY ARE NOT INTERLINKED .
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1 . CUSTOMS UNION - ELIMINATION OF QUANTITATIVE RESTRICTIONS - ' ' ACCELERATION DECISION ' ' - EFFECT ON THE LENGTH OF THE TRANSITIONAL PERIOD - NONE

( EEC TREATY , ART . 8 ; COUNCIL DECISION NO 66/532 )

2 . COMMERCIAL POLICY - TRANSITIONAL PERIOD - PROTECTIVE MEASURES TAKEN BY MEMBER STATES - DUTY TO NOTIFY - EFFECT

( EEC TREATY , SECOND PARA . OF ART . 115 )

Summary

1 . COUNCIL DECISION NO 66/532 OF 26 JULY 1966 CONCERNING THE ABOLITION OF CUSTOMS DUTIES , THE PROHIBITION OF QUANTITATIVE RESTRICTIONS AS BETWEEN MEMBER STATES AND THE APPLICATION OF THE COMMON CUSTOMS TARIFF DUTIES FOR PRODUCTS OTHER THAN THOSE SET OUT IN ANNEX II TO THE TREATY DID NOT BRING FORWARD THE DATE OF EXPIRY OF THE TRANSITIONAL PERIOD WITHIN THE MEANING OF ARTICLE 8 OF THE TREATY .

2 . ALTHOUGH THE NOTIFICATION PRESCRIBED BY THE SECOND PARAGRAPH OF ARTICLE 115 OF THE TREATY IS COMPULSORY , IT IS NOT A CONDITION PRECEDENT OF THE ENTRY INTO FORCE OF THE PROTECTIVE MEASURES ADOPTED BY THE MEMBER STATES .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - YOUNG MALE BOVINE INTENDED FOR FATTENING - IMPORT QUOTA AT A REDUCED RATE OF LEVY - BENEFICIARIES - AGRICULTURAL PRODUCERS - CONCEPT - DEFINITION BY MEMBER STATES - RESTRICTION TO FARMERS PRACTISING FARMING AS THEIR MAIN OCCUPATION - PERMISSIBILITY

( COMMISSION REGULATION ( EEC ) NO 2902/77 , ART . 1 ( 5 ), COUNCIL DIRECTIVE NO 72/159 )

Summary

UNDER COMMISSION REGULATION ( EEC ) NO 2902/77 OF 22 DECEMBER 1977 FIXING THE QUANTITY OF YOUNG MALE BOVINE ANIMALS WHICH MAY BE IMPORTED ON SPECIAL TERMS IN THE FIRST QUARTER OF 1978 THE MEMBER STATES CONCERNED WERE ENTITLED TO SPECIFY THE CATEGORIES OF AGRICULTURAL PRODUCERS WHO MIGHT BENEFIT FROM THE IMPORT QUOTA OF YOUNG MALE BOVINE ANIMALS UNDER PARTIAL OR TOTAL SUSPENSION OF THE LEVY WITHIN THE FRAMEWORK OF A POLICY INTENDED TO HELP TO IMPROVE CATTLE REARING AND BEEF AND VEAL PRODUCTION STRUCTURES .

TO ALLOW ONLY FARMERS PRACTISING FARMING AS THEIR MAIN OCCUPATION SO TO BENEFIT IS IN ACCORDANCE WITH THE OBLIGATIONS ON THE MEMBER STATES ARISING FROM COUNCIL DIRECTIVE NO 72/159 OF 17 APRIL 1972 ON THE MODERNIZATION OF FARMS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MONETARY COMPENSATORY AMOUNTS - DETERMINATION - CONDITION - ALTERATION OF THE DIFFERENCE BETWEEN EXCHANGE RATES - EXCHANGE RATE TO BE TAKEN INTO ACCOUNT - REPRESENTATIVE RATES - DISCRETIONARY POWERS OF THE COMMISSION

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ( 1 ) AND ART . 3 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - MANAGEMENT COMMITTEE - PROCEDURE - OPINION OF THE COMMITTEE - ABSENCE - MEASURES ADOPTED BY THE COMMISSION - COMMUNICATION TO THE COUNCIL - OBLIGATION - NONE

( REGULATION NO 2727/75 OF THE COUNCIL , ART . 26 )

Summary

1 . ARTICLE 3 OF REGULATION NO 974/71 OF THE COUNCIL MAY BE INTERPRETED AS MEANING THAT THE EXCHANGE RATES TAKEN INTO ACCOUNT IN ORDER TO ESTABLISH THE DIFFERENCE REFERRED TO MUST BE ASSESSED ON THE BASIS OF ECONOMICALLY JUSTIFIED CRITERIA AND THAT CONSEQUENTLY IT IS OPEN TO THE COMMISSION TO LEAVE OUT OF ACCOUNT RATES WHICH IT CONSIDERS TO BE UNREPRESENTATIVE . IT FOLLOWS THAT BY SO DOING IT DOES NOT EXCEED THE MARGIN OF DISCRETION CONFERRED UPON IT IN RELATION TO THE FIXING OF COMPENSATORY AMOUNTS .

2 . ACCORDING TO THE PROVISIONS OF ARTICLE 26 OF REGULATION NO 2727/75 IT IS ONLY IF THE COMMISSION ADOPTS MEASURES WHICH ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE THAT THOSE MEASURES MUST BE COMMUNICATED TO THE COUNCIL . ACCORDINGLY THE ABSENCE OF AN OPINION BY THE COMMITTEE IN NO WAY AFFECTS THE VALIDITY OF THE MEASURES ADOPTED BY THE COMMISSION .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - RETENTION OF ENTITLEMENT TO BENEFITS DURING STAY IN ANOTHER MEMBER STATE - PERIOD OF THREE MONTHS - EXTENSION - REQUEST MADE AFTER EXPIRATION OF PERIOD - EXTENSION PERMISSIBLE

( REGULATION NO 1408/71 TO THE COUNCIL , ART . 69 ( 2 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - RETENTION OF ENTITLEMENT TO BENEFITS DURING STAY IN ANOTHER MEMBER STATE - PERIOD OF THREE MONTHS - EXTENSION - DISCRETION OF NATIONAL AUTHORITIES

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 69 ( 2 ))

Summary

1 . AN EXTENSION OF THE PERIOD REFERRED TO IN ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 IS PERMISSIBLE EVEN WHEN THE REQUEST IS MADE AFTER THE EXPIRATION OF THAT PERIOD .

2 . ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 DOES NOT RESTRICT THE FREEDOM OF THE COMPETENT SERVICES AND INSTITUTIONS OF THE MEMBER STATES TO TAKE INTO CONSIDERATION , WITH A VIEW TO DECIDING UPON ANY EXTENSION OF THE PERIOD LAID DOWN BY THAT REGULATION , ALL FACTORS WHICH THEY REGARD AS RELEVANT AND WHICH ARE INHERENT BOTH IN THE INDIVIDUAL SITUATION OF THE WORKERS CONCERNED AND IN THE EXERCISE OF EFFECTIVE CONTROL .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - NOT ACCEPTABLE

( 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 THE OBLIGATIONS AND TIME-LIMITS UNDER COMMUNITY DIRECTIVES .
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1 . AGRICULTURE - PROCESSED PRODUCTS NOT COMING UNDER ANNEX II TO THE EEC TREATY - MONETARY COMPENSATORY AMOUNTS - APPLICATION - WHEN PERMISSIBLE - SPECIFIC ARRANGEMENT UNDER ARTICLE 235 OF THE EEC TREATY

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 ( 2 ))

2 . AGRICULTURE - PROCESSED PRODUCTS - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITION - INCIDENCE OF COMPENSATORY AMOUNTS APPLICABLE TO BASIC PRODUCTS ON PRICE OF PROCESSED PRODUCTS

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ( 2 ))

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - GROUPS OF PRODUCTS - APPLICATION - COMMISSION - DISCRETION

Summary

1 . MONETARY COMPENSATORY AMOUNTS MAY VALIDLY BE FIXED FOR PRODUCTS DERIVED FROM THE PROCESSING OF AGRICULTURAL PRODUCTS AND NOT COMING UNDER ANNEX II TO THE EEC TREATY IF THEY ARE THE SUBJECT OF A SPECIFIC ARRANGEMENT UNDER ARTICLE 235 OF THE EEC TREATY .

2 . IN ORDER TO JUSTIFY THE APPLICATION OF COMPENSATORY AMOUNTS TO PROCESSED PRODUCTS , IT IS SUFFICIENT FOR THE COMPENSATORY AMOUNTS APPLICABLE TO THE BASIC PRODUCTS TO HAVE A CONSIDERABLE INCIDENCE ON THE PRICE OF THE PROCESSED PRODUCTS .

3 . THE COMMISSION IS NOT BOUND TO FIX COMPENSATORY AMOUNTS FOR ALL THE PRODUCTS IN A GROUP , BUT MAY ASSESS THE NEED TO APPLY COMPENSATORY AMOUNTS EITHER BY PRODUCTS OR BY GROUPS OF PRODUCTS .
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ACCESSION OF THE NEW MEMBER STATES TO THE EUROPEAN COMMUNITIES - ACT OF ACCESSION - AGRICULTURE - PROVISIONS RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS - DEROGATION IN ARTICLE 60 ( 2 ) - LEGAL NATURE - SPECIAL PROVISIONS WITHIN THE MEANING OF ARTICLE 9 ( 2 ) - NO

Summary

ARTICLE 60 ( 2 ) OF THE ACT OF ACCESSION CANNOT BE REGARDED AS A SPECIAL PROVISION WITHIN THE MEANING OF THE RESERVATION SET OUT IN ARTICLE 9 ( 2 ) OF THAT ACT WITH THE RESULT THAT BY VIRTUE OF THE LATTER PROVISION ITS APPLICATION TERMINATED AT THE END OF 1977 .
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1 . PROCEDURE - APPLICATION ORIGINATING PROCEEDINGS - SUBJECT-MATTER OF DISPUTE - ALTERATION DURING PRODEEDINGS - PROHIBITION

( RULES OF PROCEDURE , ART . 38 )

2 . ACCESSION TO COMMUNITIES OF NEW MEMBER STATES - ACT OF ACCESSION - AGRICULTURE - PROVISIONS ON ABOLITION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE - DEROGATION IN ARTICLE 60 ( 2 ) - TEMPORAL APPLICATION

( ACT OF ACCESSION , ART . 60 ( 2 ))

3 . AGRICULTURE - NATIONAL ORGANIZATION OF THE MARKET - TRANSITIONAL PERIOD - EXPIRATION - PROVISIONS ON ABOLITION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE - FULL EFFECT - PROHIBITION

4 . MEMBER STATES - DUTIES - UNILATERAL ACTION - PROHIBITION

Summary

1 . UNDER ARTICLE 38 ( 1 ) OF THE RULES OF PROCEDURE THE PARTIES ARE REQUIRED TO STATE THE SUBJECT-MATTER OF THE DISPUTE IN THE DOCUMENT ORIGINATING THE PROCEEDINGS . IT FOLLOWS THAT EVEN THOUGH ARTICLE 42 OF THE RULES OF PROCEDURE ALLOWS FRESH ISSUES TO BE RAISED IN CERTAIN CIRCUMSTANCES A PARTY MAY NOT ALTER THE ACTUAL SUBJECT-MATTER OF THE DISPUTE DURING THE PROCEEDINGS .

2 . ARTICLE 60 ( 2 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES CEASED TO HAVE EFFECT AT THE END OF 1977 .

3 . AFTER THE EXPIRATION OF THE TRANSITIONAL PERIOD OF THE EEC TREATY , AND , AS FAR AS THE NEW MEMBER STATES ARE CONCERNED , AFTER THE EXPIRATION OF THE TIME-LIMITS FOR THE TRANSITION SPECIFICALLY PROVIDED FOR IN THE ACT OF ACCESSION , A NATIONAL ORGANIZATION OF THE MARKET MUST NO LONGER OPERATE IN SUCH A WAY AS TO PREVENT THE TREATY PROVISIONS RELATING TO THE ELIMINATION OF RESTRICTIONS ON INTRA-COMMUNITY TRADE FROM HAVING FULL FORCE AND EFFECT . THE EXPIRATION OF THE TIME-LIMITS FOR THE TRANSITION IMPLIES THEREFORE THAT THOSE MATTERS AND SECTORS SPECIFICALLY ASSIGNED TO THE COMMUNITY ARE THE RESPONSIBILITY OF THE COMMUNITY SO THAT , ALTHOUGH IT IS STILL NECESSARY TO TAKE SPECIAL MEASURES , A DECISION TO ADOPT THEM CAN NO LONGER BE MADE UNILATERALLY BY THE MEMBER STATES CONCERNED ; THEY MUST BE ADOPTED WITHIN THE COMMUNITY SYSTEM WHICH IS DESIGNED TO GUARANTEE THAT THE GENERAL PUBLIC INTEREST OF THE COMMUNITY IS PROTECTED .

THE FACT THAT AFTER THE EXPIRATION OF THE PERIODS REFERRED TO ABOVE THE COMMUNITY HAS NOT YET ADOPTED MEASURES INTENDED TO REGULATE THE MARKET IN AN AGRICULTURAL PRODUCT IS NOT A SUFFICIENT JUSTIFICATION FOR THE MAINTENANCE BY A MEMBER STATE OF A NATIONAL ORGANIZATION OF THE MARKET WHICH INCLUDES FEATURES WHICH ARE INCOMPATIBLE WITH THE REQUIREMENTS OF THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS .

4 . A MEMBER STATE CANNOT UNDER ANY CIRCUMSTANCES UNILATERALLY ADOPT , ON ITS OWN AUTHORITY , CORRECTIVE MEASURES OR MEASURES TO PROTECT TRADE DESIGNED TO PREVENT ANY FAILURE ON THE PART OF ANOTHER MEMBER STATE TO COMPLY WITH THE RULES LAID DOWN BY THE TREATY .
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1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - DEFINITION OF THE LEGAL CONTEXT OF THE QUESTIONS

( EEC TREATY , ART . 177 )

2 . ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATE - TIME-LIMIT - NOT EXPIRED - NATIONAL RULES TO THE CONTRARY - ADMISSIBILITY - APPLICABILITY OF THE BRITISH WEIGHTS AND MEASURES ACT 1963 TO PRE-PACKAGED MILK FROM ANOTHER MEMBER STATE

( COUNCIL DIRECTIVE NO 75/106 , ART . 7 ( 2 ))

Summary

1 . WHILST ARTICLE 177 OF THE TREATY DOES NOT PERMIT THE COURT TO EVALUATE THE GROUNDS FOR MAKING THE REFERENCE , THE NEED TO AFFORD A HELPFUL INTERPRETATION OF COMMUNITY LAW MAKES IT ESSENTIAL TO DEFINE THE LEGAL CONTEXT IN WHICH THE INTERPRETATION REQUESTED SHOULD BE PLACED .

2 . SINCE THE DATE FOR THE IMPLEMENTATION OF THE PROVISIONS OF COUNCIL DIRECTIVE NO 75/106 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MAKING-UP BY VOLUME OF CERTAIN PRE-PACKAGED LIQUIDS WAS , BY ARTICLE 7 ( 2 ) THEREOF , DEFERRED IN THE CASE OF THE UNITED KINGDOM UNTIL 31 DECEMBER 1979 AT THE LATEST , THE MAINTENANCE IN FORCE BY THAT MEMBER STATE OF THE PROVISIONS OF THE WEIGHTS AND MEASURES ACT 1963 COULD NOT BE PROHIBITED BY THE RULES OF COMMUNITY LAW UNTIL THAT PERIOD HAD EXPIRED AND COULD THEREFORE BE APPLIED UNTIL 31 DECEMBER 1979 TO THE MARKETING IN THE UNITED KINGDOM OF PRE-PACKAGED MILK FROM ANOTHER MEMBER STATE , MADE UP IN CONTAINERS OF A CAPACITY OF ONE LITRE .
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1 . FREE MOVEMENT OF GOODS - FRONTIER CONTROLS - PERMISSIBILITY - CONDITIONS

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RESTRICTIONS ON THE REPRESENTATION OF OWNERS OF GOODS FOR THE PURPOSE OF CUSTOMS DECLARATIONS - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 30 )

3 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - MAINTENANCE OF A NATIONAL PROVISION INFRINGING COMMUNITY LAW

Summary

1 . SINCE ALL CUSTOMS DUTIES ON IMPORTS AND EXPORTS AND ALL CHARGES HAVING EQUIVALENT EFFECT AND ALL QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS AND MEASURES HAVING EQUIVALENT EFFECT HAD TO BE ABOLISHED , PURSUANT TO TITLE I OF THE TREATY , BY THE END OF THE TRANSITIONAL PERIOD AT THE LATEST , CUSTOMS CONTROLS PROPERLY SO-CALLED HAVE LOST THEIR RAISON D ' ETRE AS REGARDS SUCH TRADE . FRONTIER CONTROLS REMAIN JUSTIFIED ONLY IN SO FAR AS THEY ARE NECESSARY EITHER FOR THE IMPLEMENTATION OF THE EXCEPTIONS TO FREE MOVEMENT REFERRED TO IN ARTICLE 36 OF THE TREATY ; OR FOR THE LEVYING OF INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY WHEN THE CROSSING OF THE FRONTIER MAY LEGITIMATELY BE ASSIMILATED TO THE SITUATION WHICH , IN THE CASE OF DOMESTIC GOODS , GIVE RISE TO THE LEVYING OF THE TAX ; OR FOR TRANSIT CONTROLS ; OR FINALLY WHEN THEY ARE ESSENTIAL IN ORDER TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON MOVEMENT OF GOODS WITHIN THE COMMUNITY . THESE RESIDUARY CONTROLS MUST NEVERTHELESS BE REDUCED AS FAR AS POSSIBLE SO THAT TRADE BETWEEN MEMBER STATES CAN TAKE PLACE IN CONDITIONS AS CLOSE AS POSSIBLE TO THOSE PREVALENT ON A DOMESTIC MARKET .

2 . THE FACT THAT THE OWNER CANNOT EMPLOY AN ATTORNEY WHO NEITHER HAS POSSESSION OF THE GOODS NOR IS IN A POSITION TO PRESENT THEM TO THE CUSTOMS BUT THAT IN THIS CASE THE OWNER HAS TO HAVE RECOURSE TO A SELFEMPLOYED OR EMPLOYEE CUSTOMS AGENT CANNOT CONSTITUTE A MEASURE HAVING EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION SINCE THE OTHER MEANS OF MAKING THE DECLARATION OFFER HIM AN EFFECTIVE AND REASONABLE CHOICE ALLOWING HIM , IF HE THINKS IT IS IN HIS INTEREST , TO AVOID HAVING TO HAVE RECOURSE TO A PROFESSIONAL CUSTOMS AGENT .

3 . THE MAINTENANCE , WITHOUT AMENDMENT , TO THE LEGISLATION OF A MEMBER STATE OF A PROVISION WHICH IS INCOMPATIBLE WITH THE TREATY GIVEN RISE TO AN AMBIGUOUS STATE OF AFFAIRS BY MAINTAINING , AS REGARDS THOSE SUBJECT TO THE LAW WHO ARE CONCERNED , A STATE OF UNCERTAINTY AS TO THE POSSIBILITIES AVAILABLE TO THEM OF RELYING ON COMMUNITY LAW . A MEMBER STATE WHICH MAINTAINS SUCH A PROVISION IS THEREFORE FAILING TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
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1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - FIELD OF APPLICATION - EMPLOYMENT LAW - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART.1 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - OBJECT - PRECEDENCE OVER NATIONAL LAWS

3 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - TRANSITIONAL PROVISIONS - JUDICIAL PROCEEDINGS INSTITUTED AFTER THE COMING INTO FORCE OF THE CONVENTION - PRIOR CLAUSES CONFERRING JURISDICTION WHICH ACCORDING TO NATIONAL RULES IN FORCE AT THE TIME OF AGREEMENT WERE VOID - VALIDITY

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 17 AND 54 )

Summary

1 . EMPLOYMENT LAW COMES WITHIN THE SUBSTANTIVE FIELD OF APPLICATION OF THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS SIGNED AT BRUSSELS ON 27 SEPTEMBER 1968 .

2 . AS THE BRUSSELS CONVENTION SEEKS TO DETERMINE THE JURISDICTION OF THE COURTS OF THE CONTRACTING STATES IN THE INTRA-COMMUNITY LEGAL ORDER IN REGARD TO MATTERS OF CIVIL JURISDICTION , THE NATIONAL PROCEDURAL LAWS APPLICABLE TO THE CASES CONCERNED ARE SET ASIDE IN THE MATTERS GOVERNED BY THE CONVENTION IN FAVOUR OF THE PROVISIONS THEREOF .

3 . ARTICLES 17 AND 54 OF THE BRUSSELS CONVENTION MUST BE INTERPRETED TO MEAN THAT , IN JUDICIAL PROCEEDINGS INSTITUTED AFTER THE COMING INTO FORCE OF THE CONVENTION , CLAUSES CONFERRING JURISDICTION INCLUDED IN CONTRACTS OF EMPLOYMENT CONCLUDED PRIOR TO THAT DATE MUST BE CONSIDERED VALID EVEN IN CASES IN WHICH THEY WOULD HAVE BEEN REGARDED AS VOID UNDER THE NATIONAL LAW IN FORCE AT THE TIME WHEN THE CONTRACT WAS ENTERED INTO .
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1 . NON-CONTRACTUAL LIABILITY - CONDITIONS - ILLEGALITY - DAMAGE - CHAIN OF CAUSALITY

( EEC TREATY , ART . 215 , SECOND PARAGRAPH )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PRICE SYSTEM - RIGHT OF PRODUCERS TO PRECISE PRICE LEVELS OF COMMUNITY RULES - NONE

( REGULATION NO 805/68 OF THE COUNCIL )

Summary

1 . THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY DEPENDS ON THE COINCIDENCE OF A SET OF CONDITIONS AS REGARDS THE UNLAWFULNESS OF THE ACTS ALLEGED AGAINST THE INSTITUTION , THE FACT OF DAMAGE , AND THE EXISTENCE OF A DIRECT LINK IN THE CHAIN OF CAUSALITY BETWEEN THE WRONGFUL ACT AND THE DAMAGE COMPLAINED OF .

2 . THE PRICE SYSTEM WHICH IS AN INTEGRAL PART OF THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL - ESTABLISHED BY REGULATION NO 805/68 - DOES NOT HAVE THE EFFECT OF GUARANTEEING TO INDIVIDUAL TRADERS THAT THEIR PRODUCE WILL BE DISPOSED OF AT THE PRECISE PRICE LEVEL DETERMINED BY COMMUNITY RULES . THAT LEVEL , EXPRESSED IN UNITS OF ACCOUNT , DOES NOT THEREFORE CONSTITUTE A VALUE WHICH COULD BE USED AS A BASIS FOR COMPARISON WITH THE PRICES OBTAINED BY A PRODUCER ON THE MARKET WITH A VIEW TO DEMONSTRATING THAT CERTAIN DAMAGE HAS BEEN CAUSED .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - COMMUNITY RULES - SPHERE OF APPLICATION - RELATIONSHIP BETWEEN TRADER AND THE PARTY WITH WHOM HE CONTRACTS - EXCLUSION

( REGULATION NO 974/71 OF THE COUNCIL , AS AMENDED BY REGULATION NO 509/73 )

Summary

THE EFFECT OF THE PROVISIONS OF REGULATION NO 974/71 , AS AMENDED BY REGULATION NO 509/73 AND OF COMMUNITY RULES IN THE AGRI-MONETARY SECTOR IS THAT THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES RELATING TO THE IMPORT OR EXPORT RECEIVES OR PAYS , AS THE CASE MAY BE , THE MONETARY COMPENSATORY AMOUNT . THESE PROVISIONS ARE CONCERNED ONLY WITH THE RELATIONSHIP BETWEEN THAT TRADER AND THE PUBLIC AUTHORITY WHICH LEVIES OR GRANTS THE MONETARY COMPENSATORY AMOUNT .

HENCE THE QUESTION WHETHER THE GAIN DERIVED FROM A MONETARY COMPENSATORY AMOUNT MUST BE REPAID BY THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES TO THE PARTY WITH WHOM HE CONTRACTS COMES WITHIN THE SPHERE OF CONTRACTUAL RELATIONS AND NOT OF COMMUNITY LAW .
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1 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - PROPORTIONALITY - DUTIES OF INSTITUTIONS - SCOPE

2 . ECSC - PRICES - COMPULSORY MINIMUM PRICES FOR TRANSACTIONS EFFECTED AS FROM A CERTAIN DATE - TRANSACTIONS ' ' EFFECTED ' ' - CONCEPT

( GENERAL DECISION NO 962/77/ECSC , ART . 2 )

3 . ECSC - PRICES - MINIMUM PRICES SYSTEM - PRACTICES LEADING TO ACTUAL PRICES LOWER THAN THE MINIMUM PRICES - NOT PERMISSIBLE

( GENERAL DECISION NO 962/77/ECSC )

Summary

1 . ALTHOUGH IN EXERCISING THEIR POWERS THE INSTITUTIONS MUST ENSURE THAT THE BURDENS WHICH COMMERCIAL OPERATORS ARE REQUIRED TO BEAR ARE NO GREATER THAN IS REQUIRED TO ACHIEVE THE AIM WHICH THE AUTHORITIES ARE TO ACCOMPLISH , IT DOES NOT NECESSARILY FOLLOW THAT THAT OBLIGATION MUST BE MEASURED IN RELATION TO THE INDIVIDUAL SITUATION OF ANY ONE PARTICULAR GROUP OF OPERATORS .

2 . A TRANSACTION IS NOT ' ' EFFECTED ' ' WITHIN THE MEANING OF ARTICLE 2 OF DECISION NO 962/77/ECSC , WHICH IS INTENDED TO PROHIBIT ALL TRANSACTIONS BELOW A MINIMUM PRICE FROM 8 MAY 1977 THROUGHOUT THE COMMUNITY , UNTIL THE EXACT PRICE ACTUALLY CHARGED IS FIXED . IF THE PRICE REMAINS UNCERTAIN , BECAUSE THERE IS NO PRICE INDICATED IN THE CONTRACT OR BECAUSE REFERENCE IS MADE TO LIST PRICES ' ' IN FORCE AT THE TIME OF DESPATCH ' ' , THE TRANSACTION CANNOT BE REGARDED AS HAVING BEEN EFFECTED WITHIN THE MEANING OF ARTICLE 2 OF THAT DECISION .

3 . UNDER A SYSTEM OF MINIMUM PRICES SUCH AS THAT LAID DOWN BY GENERAL DECISION NO 962/77/ECSC , TRANSACTIONS WHICH ARE STILL TO BE CONCLUDED OR COMPLETED MUST ALL COMPLY WITH THE REQUIREMENT INHERENT IN THE IMPOSITION OF SUCH PRICES , SO THAT ANY PRACTICE ENTAILING REBATES AND CREDIT NOTES DEVOID OF ANY REAL SUBSTANCE CANNOT BE RELIED ON TO JUSTIFY SALES AT PRICES LOWER THAN THE MINIMUM PRICES IMPOSED . WHATEVER METHOD OF CALCULATION IS USED , THE ACTUAL PRICE , CALCULATED AFTER THE ENTRY INTO FORCE OF THE DECISION , MAY NOT THEREFORE BE LOWER THAN THE MINIMUM PRICES .