ddrg/super_eurlex huggingface dataset:
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1 . EAEC OFFICIALS - DISCIPLINARY PROVISIONS - OPINION OF THE DISCIPLINARY BOARD TRANSMITTED TO THE APPOINTING AUTHORITY - TIME-LIMIT FIXED FOR THE DECISION OF THE LATTER - OBJECT OF THE PROVISION RELATING THERETO - DUTIES OF THE ADMINISTRATION - FAILURE TO OBSERVE THE TIME-LIMIT - EFFECTS

( EAEC STAFF REGULATIONS OF OFFICIALS, ANNEX IX, ARTICLE 7 )

2 . EAEC OFFICIALS - DISCIPLINARY PROVISIONS - OPINION OF THE DISCIPLINARY BOARD ON THE SERIOUSNESS OF THE SHORTCOMINGS OF THE PERSON CONCERNED AND THE CHOICE OF DISCIPLINARY MEASURE - POWER OF DISCRETION OF THE APPOINTING AUTHORITY

( EAEC STAFF REGULATIONS OF OFFICIALS, ANNEX IX, ARTICLE 7 )

Summary

1 . BY FIXING A TIME-LIMIT FOR THE DECISION OF THE APPOINTING AUTHORITY, THE THIRD PARAGRAPH OF ARTICLE 7 OF ANNEX IX TO THE EAEC STAFF REGULATIONS OF OFFICIALS LAYS DOWN A RULE OF GOOD ADMINISTRATION THE PURPOSE OF WHICH IS TO AVOID IN THE INTERESTS BOTH OF THE ADMINISTRATION AND OF OFFICIALS UNJUSTIFIED DELAY ON THE PART OF THE APPOINTING AUTHORITY IN ADOPTING THE DECISION TERMINATING THE DISCIPLINARY PROCEEDINGS . THE PROVISION IN QUESTION IMPOSES ON THE INSTITUTION THE OBLIGATION TO USE ITS BEST ENDEAVOURS TO OBSERVE THE TIME-LIMIT FIXED .

THE TIME-LIMIT LAID DOWN BY THE THIRD PARAGRAPH OF ARTICLE 7 OF ANNEX IX TO THE EAEC STAFF REGULATIONS OF OFFICIALS CANNOT BE REGARDED AS A MANDATORY PERIOD OF LIMITATION THE FAILURE TO OBSERVE WHICH ENTAILS THE NULLITY OF MEASURES ADOPTED AFTER ITS EXPIRY . FAILURE TO OBSERVE THE TIME-LIMIT MAY, HOWEVER, AS REGARDS THE INSTITUTION, AMOUNT TO AN OMISSION CAPABLE OF RENDERING IT LIABLE FOR ANY DAMAGE CAUSED TO THOSE CONCERNED .

2 . THE EVALUATION OF THE SERIOUSNESS OF THE SHORTCOMINGS FOUND BY THE DISCIPLINARY BOARD IN RESPECT OF THE OFFICIAL AND THE CHOICE OF THE DISCIPLINARY MEASURE WHICH APPEARS, IN VIEW OF THOSE SHORTCOMINGS, AS BEING THE MOST APPROPRIATE, LIE WITHIN THE DISCRETIONARY POWER OF THE APPOINTING AUTHORITY . THE COURT CANNOT CRITICIZE THIS CHOICE, UNLESS THE MEASURE IMPOSED IS DISPROPORTIONATE TO THE FACTS FOUND AGAINST THE OFFICIAL .
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EAEC - NON-CONTRACTUAL LIABILITY - COMPENSATION FOR DAMAGE CAUSED BY SERVANTS OF THE COMMUNITY IN THE PERFORMANCE OF THEIR DUTIES - DRIVING OF A PRIVATE CAR BY A SERVANT WHILE ON DUTY - ACTIVITY IN PRINCIPLE NOT INCLUDED IN THE PERFORMANCE OF THE DUTIES OF SUCH SERVANT .

( EAEC TREATY, ARTICLE 188 )

Summary

THE PERFORMANCE OF THE DUTIES OF A SERVANT OF THE COMMUNITY, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 188 OF THE EAEC TREATY, DOES NOT IN PRINCIPLE INCLUDE THE USE OF HIS PRIVATE CAR WHILE ON DUTY EXCEPT IN THE CASE OF FORCE MAJEURE OR EXCEPTIONAL CIRCUMSTANCES OF SUCH OVERRIDING IMPORTANCE THAT WITHOUT THE SERVANT'S USING PRIVATE MEANS OF TRANSPORT THE COMMUNITY WOULD HAVE BEEN UNABLE TO CARRY OUT THE TASKS ENTRUSTED TO IT .
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COMMON CUSTOMS TARIFF - TARIFF QUOTAS - DECISION OF THE COMMISSION - DECISION ADDRESSED TO A MEMBER STATE - RIGHT OF ACTION FOR INDIVIDUALS - ABSENCE OF SUCH RIGHT

( EEC TREATY, ARTICLE 173 )

Summary

AN AUTHORIZATION GRANTED BY THE COMMISSION TO A MEMBER STATE TO OPEN A TARIFF QUOTA MERELY CREATES A POWER IN FAVOUR OF THE STATE CONCERNED . NEITHER THE GRANT NOR THE REFUSAL OF A TARIFF QUOTA CAN THEREFORE BE OF DIRECT CONCERN TO UNDERTAKINGS WHICH MIGHT POSSIBLY HAVE BENEFITED FROM SUCH A QUOTA .
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1 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - INTERNAL TAXATION IMPOSED BY ONE MEMBER STATE ON PRODUCTS COMING FROM OTHER MEMBER STATES - SIMILARITY BETWEEN SUCH PRODUCTS - CONCEPT

( EEC TREATY, ARTICLE 95, FIRST PARAGRAPH )

2 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - INTERNAL TAXATION IMPOSED BY ONE MEMBER STATE ON PRODUCTS COMING FROM OTHER MEMBER STATES - PRINCIPLE OF NON-DISCRIMINATION - APPLICATION

( EEC TREATY, ARTICLE 95, FIRST PARAGRAPH )

Summary

1 . PRODUCTS WHICH FALL UNDER THE SAME CLASSIFICATION FOR TAX PURPOSES MUST BE CONSIDERED AS " SIMILAR " WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY .

2 . THE PRINCIPLE OF NON-DISCRIMINATION CONTAINED IN ARTICLE 95 IS VALID INDEPENDENTLY OF THE EFFECT OF FACTORS OTHER THAN TAXATION ON THE RESPECTIVE PRODUCTION COSTS OF THE PRODUCTS TO BE COMPARED .
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OFFICIALS - RECEIPT BEFORE THE ENTRY INTO FORCE OF THE STAFF REGULATIONS OF 1962 OF SEPARATION ALLOWANCE PROVIDED FOR BY THE ECSC STAFF REGULATIONS - EXPATRIATION ALLOWANCE - FAILURE TO QUALIFY THEREFOR - RIGHT TO AN AMOUNT EQUIVALENT TO THE SEPARATION ALLOWANCE - PERSONS ENTITLED

( ECSC STAFF REGULATIONS OF OFFICIALS OF 1962, ARTICLE 97 )

Summary

THE SOLE PURPOSE OF THE FIRST PARAGRAPH OF ARTICLE 97 OF THE ECSC STAFF REGULATIONS OF OFFICIALS OF 1962 IS TO MAINTAIN FOR THE BENEFIT OF OFFICIALS WHO RECEIVED A SEPARATION ALLOWANCE UNDER THE ECSC STAFF REGULATIONS OF OFFICIALS OF 1956, WITHOUT QUALIFYING FOR AN EXPATRIATION ALLOWANCE UNDER ARTICLE 4 OF ANNEX VII TO THE STAFF REGULATIONS OF 1962, THE AMOUNT WHICH THEY WOULD HAVE RECEIVED BY WAY OF SEPARATION ALLOWANCE UNDER THE FORMER SYSTEM . THE SAID FIRST PARAGRAPH IS THUS NOT APPLICABLE TO OFFICIALS WHO, HAVING RECEIVED THE EXPATRIATION ALLOWANCE, NO LONGER QUALIFY THEREFORE .
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1 . REGULATION - UNIFORM APPLICATION - IMPLEMENTATION BY THE NATIONAL AUTHORITIES - RECOURSE TO NATIONAL RULES - LIMITS

( EEC TREATY, ARTICLE 189 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVY - SUSPENSION - SPECIAL SYSTEM - COMPLETE NATURE OF COMMUNITY RULES - IMPLEMENTATION BY THE NATIONAL AUTHORITIES - REQUIREMENTS

( REGULATION NO 805/68 OF THE COUNCIL, ARTICLE 14 ( 3 ) ( OJ L 148, P . 24; OJ ( ENGLISH SPECIAL EDITION ) 1968 ( I ), P . 187 ); REGULATION NO 888/68 OF THE COUNCIL, ARTICLE 1 ( OJ L 156, P . 7; OJ ( ENGLISH SPECIAL EDITION ) 1968 ( I ), P . 239 )

Summary

1 . THE UNIFORM APPLICATION OF COMMUNITY PROVISIONS ALLOWS NO RECOURSE TO NATIONAL RULES EXCEPT TO THE EXTENT NECESSARY TO CARRY OUT THE REGULATIONS .

2 . WHERE COMMUNITY RULES INTRODUCING A SPECIAL SYSTEM FOR IMPORTS LAY DOWN ALL THE CONDITIONS FOR THE APPLICABILITY OF THE SYSTEM AS WELL AS THE ARRANGEMENTS FOR SECURITY AND SUPERVISION DESIGNED TO PREVENT FRAUD, NATIONAL AUTHORITIES MAY NOT SUBJECT THE IMPORTERS TO WHOM THE SPECIAL SYSTEM APPLIES TO ADDITIONAL REQUIREMENTSARISING UNDER NATIONAL LAW, IN PARTICULAR WHERE SUCH REQUIREMENTS ARE INCOMPATIBLE WITH THE CRITERIA ON WHICH THE COMMUNITY RULES ARE BASED; THE POSITION IS THE SAME WHERE THE APPLICABILITY OF SUCH A SPECIAL SYSTEM IS MADE DEPENDENT UPON A SUBJECTIVE ASSESSMENT ON THE PART OF THE NATIONAL AUTHORITY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT AND EXPORT LICENCES - PERIOD OF VALIDITY - OVERRUNNING - CASE OF FORCE MAJEURE ACCEPTED BY THE MEMBER STATES - INCOMPLETE COMMUNICATION TO THE COMMISSION - ABSENCE OF LEGAL EFFECT

( REGULATION NO 102/64 OF THE COMMISSION, ARTICLE 8 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT AND EXPORT LICENCES - PERIOD OF VALIDITY - OVERRUNNING - CASE OF FORCE MAJEURE - CANCELLATION OR EXTENSION OF VALIDITY OF LICENCE IN QUESTION - REQUEST FOR EXCEPTION TO BE MADE - REFUSAL BY THE ADMINISTRATION - ACCEPTABILITY

( REGULATION NO 102/64 OF THE COMMISSION, ARTICLE 8 )

Summary

1 . AS THE COMMUNICATION PROVIDED FOR IN ARTICLE 8 ( 3 ) OF REGULATION NO 102/64/EEC IS ONLY OF A DECLARATORY NATURE IT HAS NO LEGAL EFFECT IN RESPECT OF INDIVIDUALS CONCERNED, WHO MAY NOT TAKE ADVANTAGE OF OMISSIONS THEREFROM .

2 . IN RESPECT OF THE CIRCUMSTANCES TO BE REGARDED AS FORCE MAJEURE SET OUT IN ARTICLE 8 ( 2 ) OF REGULATION NO 102/64, AS WELL AS FOR THOSE ACCEPTED BY THE MEMBER STATES, THE NATIONAL AUTHORITIES MAY, SUBJECT TO REVIEW BY THE JUDICIAL AUTHORITIES HAVING JURISDICTION, REFUSE TO MAKE AN EXCEPTION TO THE RULE CONCERNING CANCELLATION OR EXTENSION LAID DOWN IN ARTICLE 8 ( 1 ) ( A ) AND ( B ) UNLESS REASONS ARE GIVEN FOR THE REQUEST AND IT IS JUSTIFIED .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - JURISDICTION OF THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 91 )

2 . OFFICIALS - SOCIAL SECURITY - GRANT OF GIFTS, LOANS AND ADVANCES BY THE ADMINISTRATION - CONDITIONS - REVALUATION OF THE CURRENCY OF A MEMBER STATE - ABSENCE OF A PARTICULARLY DIFFICULT POSITION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 76 )

3 . OFFICIALS - EQUALITY OF TREATMENT - CONCEPT - PURCHASING POWER - FLUCTUATIONS - NOT TAKEN INTO CONSIDERATION - PAR VALUE OF CURRENCIES OF MEMBER STATES - CHANGE - AUTOMATIC ADJUSTMENT OF REMUNERATION - DISCRIMINATION NOT PERMISSIBLE

Summary

1 . IT IS NOT FOR THE COURT OF JUSTICE TO GIVE ORDERS TO THE COMMUNITY AUTHORITIES .

2 . THE FACT THAT ARTICLE 76 OF THE STAFF REGULATIONS OF OFFICIALS IS AN EXCEPTION TO THE GENERAL PRINCIPLE THAT ALL OFFICIALS ARE SUBJECT TO THE SAME STAFF REGULATIONS AND CANNOT OBTAIN PRIVILEGES, OTHER THAN THOSE WHICH HAVE BEEN LAID DOWN IN A GENERAL AND OBJECTIVE MANNER, PROHIBITS THAT PROVISION FROM BEING AUTOMATICALLY APPLIED . IT DOES NOT IMPOSE ANY SPECIFIC OBLIGATION ON THE COMMUNITY AUTHORITIES BUT IS INTENDED TO GIVE THEM THE POWER TO COME TO THE ASSISTANCE OF OFFICIALS OR FORMER OFFICIALS WHO ARE IN DIFFICULTIES . THE FACT THAT OFFICIALS HAVE SUFFERED A LOSS THROUGH THE REVALUATION OF THE CURRENCY OF A MEMBER STATE IS NOT SUFFICIENT BY ITSELF TO JUSTIFY THE APPLICATION OF ARTICLE 76 .

3 . THE PRINCIPLE OF EQUALITY OF TREATMENT IS EXPRESSED BY THE FACT THAT ALL COMMUNITY OFFICIALS EMPLOYED IN THE SAME PLACE ARE PAID IN THE SAME CURRENCY AND ACCORDING TO A UNIFORM SCALE, WHATEVER THEIR NATIONALITY AND REGARDLESS OF THE DIFFERENCES IN PURCHASING POWER REPRESENTED BY THE REMUNERATION ACCORDING TO WHERE IT IS SPENT . SINCE THE PAR VALUE OF THE NATIONAL CURRENCY IS ONLY ONE OF THE FACTORS INFLUENCING PURCHASING POWER, AN AUTOMATIC ADJUSTMENT OF THE REMUNERATION OF OFFICIALS ACCORDING TO THE CHANGES IN THAT PAR VALUE WOULD, AS REGARDS OTHER OFFICIALS WHO HAVE TO BEAR OTHER FLUCTUATIONS IN PURCHASING POWER, CONSTITUTE A DISCRIMINATORY PRIVILEGE INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY OF TREATMENT .
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1 . PROCEDURE - QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY; ARTICLE 177 )

2 . COMMUNITY LAW - INTERPRETATION OF A PROVISION WHICH HAS BEEN APPLIED - REFERENCE TO THE STATE OF THE LAW IN FORCE

( EEC TREATY, ARTICLE 164, ARTICLE 177 )

3 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - ABSENCE OF COMMUNITY LEGISLATION - AUTHORITY OF THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

4 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - CRITERIA

( REGULATION NO 950/68 OF THE COUNCIL )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - KIBBLED MILLET GRAIN WITHIN THE MEANING OF ARTICLE 1 ( D ) OF REGULATION NO 19/62 - CONCEPT - TARIFF HEADING

Summary

1 . ALTHOUGH ARTICLE 177 OF THE TREATY DOES NOT ALLOW THE COURT TO GIVE A RULING ON A SPECIFIED CASE WHEN IT IS CALLED UPON TO INTERPRET COMMUNITY LAW, THE NEED HOWEVER TO REACH A HELPFUL INTERPRETATION OF THE PROVISIONS IN QUESTION JUSTIFIES THE STATEMENT BY THE NATIONAL COURT OF THE LEGAL CONTEXT IN WHICH THE INTERPRETATION WHICH IS SOUGHT MUST BE PLACED .

2 . THE PRINCIPLE OF LEGAL CERTAINTY MAKES IT NECESSARY TO REFER TO THE STATE OF THE LAW IN FORCE WHEN THE REGULATION THE INTERPRETATION OF WHICH IS SOUGHT WAS APPLIED .

3 . IN THE ABSENCE OF COMMUNITY LEGISLATION ON THE SUBJECT, THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS LAID DOWN BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN THE CUSTOMS TARIFFS ARE AUTHORITATIVE AS A VALID MEANS OF INTERPRETING HEADINGS IN THE COMMON CUSTOMS TARIFF .

4 . THE INTERPRETATION OF A TARIFF HEADING MUST IN DOUBTFUL CASES TAKE INTO CONSIDERATION BOTH THE FUNCTION OF THE CUSTOMS TARIFF IN VIEW OF THE NEEDS OF THE SYSTEM OF ORGANIZATION OF THE MARKETS AND ITS PURELY CUSTOMS FUNCTION .

5 . THE PHRASE " KIBBLED MILLET GRAIN " USED IN ARTICLE 1 ( D ) OF REGULATION NO 19/62 AND MENTIONED UNDER TARIFF HEADING EX 11.02 A III ( B ) IN THE ANNEX TO THAT REGULATION MUST BE INTERPRETED AS INCLUDING PRODUCTS CHIEFLY CONSISTING IN UNWORKED FRAGMENTS OF GRAIN, SIMILAR TO THOSE OF KIBBLED MILO GRAIN WHICH MAY IN ADDITION INCLUDE NUMEROUS LUMPS OF VARYING SIZES FORMED BY THE AGGLUTINATION OF PARTICLES OF MILO . THIS PRODUCT COMES UNDER THE ABOVEMENTIONED TARIFF HEADING WHERE SOME OF ITS CONSTITUENT ELEMENTS HAVE BEEN REMOVED IF IT STILL CONTAINS THE ESSENTIAL CONSTITUENTS OF MILO IN SUCH PROPORTIONS THAT THE QUANTITY OF THOSE CONSTITUENTS IS NOT SMALLER THAN THE NORMAL VALUES OF THE NATURAL CONTENTS OF MILO .
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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - ADMISSIBILITY - NATURE OF THE NATIONAL PROCEDURE - DISTINCTION - INADMISSIBILITY

( EEC TREATY, ARTICLE 177 )

3 . COMMUNITY LAW - EFFECTS IN NATIONAL LAW - SAME EFFECTIVENESS IN THE VARIOUS SPHERES OF NATIONAL LAW

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - ENTRY INTO FORCE - NATIONAL SYSTEM - PROVISIONAL MAINTENANCE - COMMUNITY JURISDICTION

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION WITHIN THE FRAMEWORK OF THE APPLICATION OF ARTICLE 177 OF THE TREATY TO DECIDE UPON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW, IT MAY NEVERTHELESS EXTRACT FROM THE WORDING OF THE QUESTIONS FORMULATED BY THE NATIONAL COURT, HAVING REGARD TO THE FACTS STATED BY THE LATTER, THE ELEMENTS WHICH COME WITHIN THE INTERPRETATION OF COMMUNITY LAW FOR THE PURPOSE OF ENABLING THAT COURT TO RESOLVE THE LEGAL PROBLEM WHICH IT HAS BEFORE IT .

2 . ARTICLE 177, WHICH IS WORDED IN GENERAL TERMS, DRAWS NO DISTINCTION ACCORDING TO THE NATURE, CRIMINAL OR OTHERWISE, OF THE NATIONAL PROCEEDINGS WITHIN THE FRAMEWORK OF WHICH THE PRELIMINARY QUESTIONS HAVE BEEN FORMULATED .

3 . THE EFFECTIVENESS OF COMMUNITY LAW CANNOT VARY ACCORDING TO THE VARIOUS SPHERES OF NATIONAL LAW WHICH IT MAY AFFECT .

4 . FROM THE ENTRY INTO FORCE OF THE COMMON ORGANIZATION OF THE MARKET IN A PARTICULAR AGRICULTURAL SECTOR, IT IS FOR THE COMMUNITY AUTHORITY ALONE TO DECIDE UPON THE PROVISIONAL MAINTENANCE OF ANY NATIONAL SYSTEM OF ORGANIZATION, INTERVENTION OR SUPERVISION RELATING TO THE PRODUCTS IN QUESTION .
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OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ACT CONFIRMING A PREVIOUS ACT - COMPLAINT AGAINST SUCH A MEASURE - PERIOD PRESCRIBED FOR APPEAL AGAINST THE PREVIOUS ACT - NO RE-OPENING

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

Summary

A COMPLAINT BROUGHT AGAINST EVEN AN IMPLIED DECISION WHICH CONSTITUTES CONFIRMATION OF A PREVIOUS DECISION CANNOT RE-OPEN THE PERIOD PRESCRIBED UNDER THE STAFF REGULATIONS FOR AN APPEAL AGAINST THE PREVIOUS DECISION .
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1 . COMMUNITY LAW - APPLICATION - GENERAL PRINCIPLES

2 . MEMBER STATES - RIGHTS AND POWERS - TRANSFER TO THE COMMUNITY - SOVEREIGNTY - LIMITATION - DEFINITIVE NATURE

Summary

1 . THE ATTAINMENT OF THE OBJECTIVES OF THE COMMUNITY REQUIRES THAT THE RULES OF COMMUNITY LAW ESTABLISHED BY THE TREATY ITSELF OR ARISING FROM PROCEDURES WHICH IT HAS INSTITUTED ARE FULLY APPLICABLE AT THE SAME TIME AND WITH IDENTICAL EFFECTS OVER THE WHOLE TERRITORY OF THE COMMUNITY WITHOUT THE MEMBER STATES BEING ABLE TO PLACE ANY OBSTACLES IN THE WAY .

2 . THE GRANT MADE BY MEMBER STATES TO THE COMMUNITY OF RIGHTS AND POWERS IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY INVOLVES A DEFINITIVE LIMITATION ON THEIR SOVEREIGN RIGHTS AND NO PROVISIONS WHATSOEVER OF NATIONAL LAW MAY BE INVOKED TO OVERRIDE THIS LIMITATION .
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OFFICIALS - EXPATRIATION ALLOWANCE - MARRIAGE OF THE RECIPIENT - RETENTION OF THE ALLOWANCE - CONDITIONS - STATUS OF " HEAD OF HOUSEHOLD " - DIFFERENT TREATMENT OF MALE AND FEMALE OFFICIALS - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX VII )

Summary

THE WITHDRAWAL OF THE EXPATRIATION ALLOWANCE FOLLOWING THE MARRIAGE OF THE RECIPIENT, WHICH MIGHT BE JUSTIFIED IN CASES IN WHICH THIS CHANGE IN THE FAMILY SITUATION IS SUCH AS TO BRING TO AN END THE STATE OF " EXPATRIATION " MUST HOWEVER BE DEPENDENT ON UNIFORM CRITERIA, IRRESPECTIVE OF SEX .

CONSEQUENTLY, BY RENDERING THE RETENTION OF THE ALLOWANCE SUBJECT TO THE ACQUISITION OF THE STATUS OF " HEAD OF HOUSEHOLD " - AS IT IS DEFINED IN ARTICLE 1 ( 3 ) OF ANNEX VII - THE STAFF REGULATIONS HAVE CREATED AN ARBITRARY DIFFERENCE OF TREATMENT BETWEEN OFFICIALS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - LEVIES - APPLICATION BY THE IMPORTING MEMBER STATE MANDATORY WHERE REFUNDS FOR THIRD COUNTRIES ARE GRANTED BY THE EXPORTING MEMBER STATE - METHODS

( REGULATION NO . 19 OF THE COUNCIL, ARTICLE 19 )

Summary

ARTICLE 19 ( 2 ) ( A ) OF REGULATION NO 19 OF THE COUNCIL REQUIRES THE IMPORTING MEMBER STATE TO APPLY THE PRESCRIBED LEVY TO ALL IMPORTS IN RESPECT OF WHICH THE EXPORTING MEMBER STATE HAS GRANTED REFUNDS FOR THIRD COUNTRIES .

THIS PROVISION IS IMMEDIATELY APPLICABLE IN ALL THE MEMBER STATES AND IS BINDING UPON THOSE CONCERNED WITHOUT THE NEED FOR ADDITIONAL ANNOUNCEMENT BY THE IMPORTING MEMBER STATE .
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AGRICULTURE - GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS - IMPORTS - CHARGES - FIXING SUCH CHARGES - CRITERIA - MILKFAT - CONTENT - DETERMINATION

( REGULATION OF THE COUNCIL NO 83/67, ANNEX V )

Summary

IN VIEW OF THE PURPOSES AND FLAT-RATE NATURE OF THE SYSTEM ESTABLISHED BY REGULATION NO 160/66 OF THE COUNCIL, THE VALIDITY OF THE PROVISIONS OF REGULATION NO 83/67 OF THE COUNCIL, ADOPTED IN IMPLEMENTATION OF IT, IS NOT AFFECTED BY THE FACT THAT THE METHOD OF ANALYSIS PROVIDED FOR BY THAT REGULATION FOR THE CALCULATION OF THE MILKFAT CONTENT YIELDS APPROXIMATE VALUES OF SUCH CONTENT .
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1 . PRELIMINARY QUESTIONS - MEASURES ADOPTED BY THE INSTITUTIONS - VALIDITY - DISPUTE - JURISDICTION OF THE COURT - EXTENT

( EEC TREATY, ARTICLE 177 )

2 . PRELIMINARY QUESTIONS - MEASURES ADOPTED BY THE INSTITUTIONS - VALIDITY - DISPUTE - CRITERIA OF INVALIDITY

( EEC TREATY, ARTICLE 177 )

3 . GATT - PROVISIONS BINDING THE EEC

( EEC TREATY IN GENERAL )

4 . GATT - ARTICLE XI - RIGHTS OF CITIZENS OF THE COMMUNITY - ABSENCE - REGULATIONS NOS 459/70, 565/70 AND 686/70 OF THE COMMISSION - VALIDITY

( GENERAL AGREEMENT ON TARIFFS AND TRADE - GATT - ARTICLE XI; REGULATIONS NOS 459/70, 565/70 AND 686/70 OF THE COMMISSION )

Summary

1 . THE JURISDICTION OF THE COURT, AS LAID DOWN IN ARTICLE 177 OF THE EEC TREATY, TO GIVE RULINGS ON THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY CANNOT BE LIMITED BY THE GROUNDS ON WHICH THE VALIDITY OF THOSE MEASURES MAY BE CONTESTED .

IT THEREFORE EXTENDS TO ALL THE GROUNDS CAPABLE OF INVALIDATING THOSE MEASURES .

2 . BEFORE THE INCOMPATIBILITY OF A COMMUNITY MEASURE WITH A PROVISION OF INTERNATIONAL LAW CAN AFFECT THE VALIDITY OF THAT MEASURE, THE COMMUNITY MUST FIRST OF ALL BE BOUND BY THAT PROVISION .

WHERE THE INVALIDITY IS RELIED UPON BEFORE A NATIONAL COURT, IT IS ALSO NECESSARY THAT THAT PROVISION OF INTERNATIONAL LAW SHOULD BE CAPABLE OF CONFERRING RIGHTS ON CITIZENS OF THE COMMUNITY WHICH THEY CAN INVOKE BEFORE THE COURTS .

3 . IN SO FAR AS UNDER THE EEC TREATY THE COMMUNITY HAS ASSUMED THE POWERS PREVIOUSLY EXERCISED BY MEMBER STATES IN THE AREA GOVERNED BY THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( GATT ), THE PROVISIONS OF THAT AGREEMENT HAVE THE EFFECT OF BINDING THE COMMUNITY .

4 . ARTICLE XI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( GATT ) IS NOT CAPABLE OF CONFERRING RIGHTS ON CITIZENS OF THE COMMUNITY WHICH THEY CAN INVOKE BEFORE THE COURTS .

CONSEQUENTLY, THE VALIDITY OF REGULATIONS NOS 459/70, 565/70 AND 686/70 OF THE COMMISSION ( JO L 57, P . 20, L 69, P . 33 AND L 84, P . 21 RESPECTIVELY ) CANNOT BE AFFECTED BY THAT ARTICLE .
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1 . PROCEEDINGS - ADMISSIBILITY - OBJECTION OF " LIS PENDENS " - EXAMINATION BY THE COURT OF ITS OWN MOTION

( RULES OF PROCEDURE, ART . 92 )

2 . OFFICIALS - INCAPACITY FOR WORK - DISPUTE - INVALIDITY COMMITTEE - REFERENCE FOR OPINION - RESTRICTION TO CASES OF SICK LEAVE

( STAFF REGULATIONS, ART . 59 )

3 . OFFICIALS - EMPLOYMENT - STATE OF HEALTH - INCOMPATIBILITY - OBLIGATIONS

( STAFF REGULATIONS, ART . 36 )

Summary

1 . THE COURT MUST RAISE THE OBJECTION OF " LIS PENDENS " OF ITS OWN MOTION .

2 . ONLY DISPUTES RELATING TO SICK LEAVE MAY BE REFERRED TO THE INVALIDITY COMMITTEE .

3 . WHEN AN OFFICIAL CONSIDERS THAT THE EMPLOYMENT TO WHICH HE HAS BEEN ASSIGNED IS NOT SUITABLE IN VIEW OF HIS STATE OF HEALTH, HE MAY REQUEST ANOTHER ASSIGNMENT, BUT WHILE AWAITING SUCH A TRANSFER HE IS OBLIGED TO PRESENT HIMSELF AT HIS EMPLOYMENT AND CARRY OUT THE DUTIES PERTAINING THERETO .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL - TIME LIMIT - COMMENCEMENT - MEASURE AFFECTING A SPECIFIC INDIVIDUAL - NOTIFICATION TO THE PERSON CONCERNED - CONCEPT

( STAFF REGULATIONS, ART . 91 )

2 . OFFICIALS - RECOVERY OF UNDUE PAYMENT - NO DUE REASON FOR PAYMENT - AWARENESS OF THE RECIPIENT - OBJECTION - EVIDENCE - ABSENCE - EXAMINATION OF THE CIRCUMSTANCES OF THE PAYMENT

( STAFF REGULATIONS, ART . 85 )

Summary

1 . THE EXPRESSION " NOTIFICATION ... TO THE PERSON CONCERNED ", IN ARTICLE 91 OF THE STAFF REGULATIONS MEANS THE WRITTEN COMMUNICATION TO THE OFFICIAL CONCERNED AS REQUIRED BY ARTICLE 25 OF THE STAFF REGULATIONS IN THE CASE OF ANY DECISION RELATING TO A SPECIFIC INDIVIDUAL .

2 . IN THE SECOND ALTERNATIVE REFERRED TO IN ARTICLE 85, IF THE RECIPIENT DISPUTES HAVING HAD KNOWLEDGE OF THE UNDUE PAYMENT, THE CIRCUMSTANCES IN WHICH THE PAYMENT WAS MADE MUST BE EXAMINED IN ORDER TO DETERMINE WHETHER THE UNDUE PAYMENT WAS PATENTLY EVIDENT .