ddrg/super_eurlex huggingface dataset:
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION BY THE MEMBER STATES - EXEMPTION UNDER ARRANGEMENTS CONCERNING INWARD PROCESSING TRAFFIC - NOT PERMISSIBLE

( REGULATION NO 1380/75 OF THE COMMISSION )

Summary

THE PROVISIONS OF REGULATION NO 1380/75 OF THE COMMISSION LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE MAY NOT APPLY ITS NATIONAL RULES IN THE MATTER OF INWARD PROCESSING TRAFFIC SO AS TO EXEMPT FROM MONETARY COMPENSATION , IN INTRA-COMMUNITY TRADE , GOODS IMPORTED FROM ANOTHER MEMBER STATE IN WHICH THEY ARE IN FREE CIRCULATION .
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APPLICATION FOR ANNULMENT - INTEREST IN TAKING LEGAL ACTION - EVENTS INTERVENING DURING THE PROCEEDINGS - APPLICATION DEPRIVED OF FOUNDATION - PROSECUTION OF THE ACTION - IMPROPER NATURE - REJECTION

( EEC TREATY , ART . 173 )

Summary

IF , IN THE LIGHT OF EVENTS INTERVENING DURING THE PROCEEDINGS , THE APPLICANT SHOULD HAVE RECOGNIZED THAT ITS APPLICATION FOR ANNULMENT WAS DEVOID OF FOUNDATION , IT NO LONGER HAD ANY INTEREST IN PROSECUTING ITS ACTION . IN THOSE CIRCUMSTANCES THE PROSECUTION OF THAT ACTION IS AN ABUSE OF PROCESS AND THE APPLICATION MUST BE DISMISSED .

A JUDGMENT OF THE COURT GIVEN IN ANOTHER CASE BETWEEN THE SAME PARTIES AND CONCERNING A STRICTLY SIMILAR QUESTION AND THE DECISION OF THE DEFENDANT INSTITUTION ADOPTED PURSUANT TO THAT JUDGMENT MAY CONSTITUTE SUCH EVENTS .
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NON-CONTRACTUAL LIABILITY - UNLAWFUL ABOLITION OF PRODUCTION REFUNDS ON QUELLMEHL - LIABILITY INCURRED BY REASON OF THE ABOLITION ONLY OF PRODUCTION REFUNDS ON QUELLMEHL INTENDED FOR BREAD-MAKING .

( EEC TREATY , ART . 215 , SECOND PARA .)
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1 . REFERENCE FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS - ASSESSMENT OF THE FACTS OF THE CASE - INADMISSIBILITY

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REVALUATION OF NATIONAL CURRENCY - COMPENSATION FOR LOSSES OF INCOME BY AGRICULTURAL PRODUCERS - GRANT OF DIRECT AID BY A MEMBER STATE - RECIPIENT - SELECTION ON THE BASIS OF THE BURDEN OF REVALUATION - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - ABSENCE

( EEC TREATY , ART . 40 ( 3 ), SECOND PARAGRAPH ; REGULATION NO 2464/69 OF THE COUNCIL , ART . 1 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REVALUATION OF NATIONAL CURRENCY - COMPENSATION FOR LOSSES INCOME BY AGRICULTURAL PRODUCERS - GRANT OF DIRECT AID BY A MEMBER STATE - RECIPIENT - EXCLUSION OF INDUSTRIAL LIVESTOCK FATTENERS - ADMISSIBILITY

( REGULATION NO 2464/69 OF THE COUNCIL , ART . 1 )

Summary

1 . THE COURT CANNOT , WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY , SETTLE A DISPUTE CONCERNING THE FACTS . SUCH A DISPUTE , LIKE ANY OTHER ASSESSMENT OF THE FACTS INVOLVED , IS WITHIN THE PROVINCE OF THE NATIONAL COURT .

2 . IT FOLLOWS FROM THE STATEMENT OF REASONS ON WHICH REGULATION NO 2464/69 OF THE COUNCIL ON MEASURES TO BE TAKEN IN AGRICULTURE AS A RESULT OF THE REVALUATION OF THE GERMAN MARK IS BASED THAT THE DIRECT AID TO GERMAN AGRICULTURAL PRODUCERS WHICH IT CONTEMPLATES FALLS WITHIN THE PERSPECTIVE OF CONSIDERATIONS OF A SOCIAL NATURE CORRESPONDING TO THE REQUIREMENT OF ARTICLE 39 ( 2 ) ( A ) OF THE EEC TREATY OF TAKING ACCOUNT OF THE PARTICULAR NATURE OF AGRICULTURAL ACTIVITY , WHICH RESULTS FROM THE SOCIAL STRUCTURE OF AGRICULTURE . FOR THE PURPOSE OF GRANTING AID AS COMPENSATION FOR THE EFFECTS OF THE EFFECTS OF THE REVALUATION , THIS NATURE JUSTIFIES THE FEDERAL REPUBLIC OF GERMANY IN GIVING PRIORITY TO THE SECTORS OF THE AGRICULTURAL ECONOMY WHICH SUFFERED MOST DIRECTLY LOSSES OF INCOME AS A RESULT OF THE REVALUATION , THAT IS TO SAY THE SECTORS CONCERNED WITH WORKING THE SOIL . SINCE SUCH PREFERENCE IS NOT ARBITRARY IT CANNOT BE REGARDED AS DISCRIMINATION BETWEEN PRODUCERS PROHIBITED BY THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY .

3 . NEITHER THE EEC TREATY NOR ARTICLE 1 OF REGULATION NO 2464/69 OF THE COUNCIL NOR THE COUNCIL DECISION OF 21 JANUARY 1974 , WHICH WAS NOTIFIED TO THE FEDERAL REPUBLIC OF GERMANY AND EXTENDS AND AMENDS ARTICLE 1 ( 3 ) OF THE SAID REGULATION , FORBADE THAT MEMBER STATE TO EXCLUDE INDUSTRIAL CALF FATTENERS FROM THE AID REFERRED TO IN THE REGULATION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - COMMUNITY METHODS OF ANALYSIS - NATIONAL MEASURE OF CONTROL - PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION - ACCEPTABILITY - CONDITIONS

( COMMISSION REGULATIONS NOS 1539/71 AND 2984/78 )

Summary

IN THE ABSENCE OF COMMUNITY PROVISIONS IN THE MATTER , A MEMBER STATE MAY APPLY AS A NATIONAL MEASURE OF CONTROL , FOR THE PURPOSE OF CHECKING WHETHER THE ISSUE OF A CERTIFICATE OF CONSENT IN RESPECT OF WINES BEARING A RESGISTERED DESIGNATION OF ORIGIN IS JUSTIFIED , A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION WHICH IS BASED ON THE PROPORTION OF ALCOHOL TO DRY MATTER DETERMINED BY THE 100* METHOD , PROVIDED THAT THAT PRESUMPTION IS CAPABLE OF BEING REBUTTED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - PREMIUM FOR WITHHOLDING FROM THE MARKET - UNDERTAKING OF THE RECIPIENT - PERSONAL NATURE - DISPOSAL OF THE PROPERTY OR OF THE RIGHT TO FARM THE LAND - EFFECT ON THE ENTITLEMENT TO THE PREMIUM

( REGULATION NO 1975/69 OF THE COUNCIL , ART . 6 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - PREMIUM FOR WITHHOLDING FROM THE MARKET - UNDERTAKING OF THE RECIPIENT - DISPOSAL OF THE DAIRY COWS WHICH GAVE ENTITLEMENT TO THE PREMIUM - PASSING OF THE BURDEN OF THE UNDERTAKING TO THE PURCHASER - NONE

( REGULATION NO 1975/69 OF THE COUNCIL , ARTS . 6 AND 8 ( 2 ), SECOND SUBPARA .)

Summary

1 . THE UNDERTAKING ENTERED INTO BY THE RECIPIENT OF THE PREMIUM PURSUANT TO ARTICLE 6 OF REGULATION NO 1975/69 NOT TO DISPOSE OF MILK OR MILK PRODUCTS BINDS THE RECIPIENT PERSONALLY AND DOES NOT ATTACH TO THE PROPERTY . IN THE EVENT OF A DISPOSAL OF THE PROPERTY OR OF THE RIGHT TO FARM THE LAND , THE RECIPIENT LOSES HIS ENTITLEMENT TO THE PREMIUM AND IS BOUND TO RETURN TO THE COMPETENT AUTHORITY THE PAYMENT ON ACCOUNT AND ANY OTHER INSTALMENT OF THE PREMIUM ALREADY RECEIVED IF THE MARKETING OF MILK AND MILK PRODUCTS HAS NOT IN FACT CEASED AT THE FARM IN QUESTION DURING THE WHOLE PERIOD UNDER CONSIDERATION .

2 . THE OBLIGATION PLACED BY THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 2 ) OF REGULATION NO 1975/69 UPON THE RECIPIENT OF THE PREMIUM FOR WITHHOLDING MILK AND MILK PRODUCTS FROM THE MARKET TO HOLD A NUMBER OF ADULT BOVINE UNITS NOT LESS THAN THE NUMBER OF DAIRY COWS HELD AT THE DATE OF MAKING THE APPLICATION FOR THE GRANT OF THE PREMIUM IS SOLELY RELATED TO THAT NUMBER AND IS NOT LINKED TO SPECIFIC ANIMALS . IN THE EVENT OF THE DISPOSAL OF THE DAIRY COWS WHICH WERE HELD ON THE FARM AT THE TIME WHEN THE APPLICATION WAS MADE AND WHICH GAVE ENTITLEMENT TO THE PREMIUM , THE BURDEN OF THE UNDERTAKING GIVEN BY THE RECIPIENT TO WITHHOLD MILK AND MILK PRODUCTS FROM THE MARKET DOES NOT PASS TO THE BUYER OF THOSE COWS BY VIRTUE OF THAT DISPOSAL .
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1 . APPLICATION FOR ANNULMENT - TIME-LIMITS - TIME AT WHICH THE PERIOD FIXED BEGINS TO RUN - NOTIFICATION OF THE CONTESTED MEASURE - CONCEPT

( EEC TREATY , ART . 173 , THIRD PARAGRAPH ; RULES OF PROCEDURE , ART . 18 ( 1 ))

2 . APPLICATION FOR ANNULMENT - LEGAL INTEREST IN TAKING PROCEEDINGS - IMPOSSIBILITY OF IMPLEMENTING THE JUDGMENT ANNULLING THE MEASURE - NO EFFECT - BASIS OF A POSSIBLE ACTION FOR DAMAGES

( EEC TREATY , ARTS . 173 , 176 )

Summary

1 . IT IS IMPOSSIBLE TO CONSIDER AS ' ' NOTIFICATION ' ' FOR THE PURPOSES OF ARTICLE 81 ( 1 ) OF THE RULES OF PROCEDURE THE COMMUNICATION TO THE UNDERTAKING CONCERNED BY A NATIONAL INTERVENTION AGENCY OF THE EXISTENCE OF A COMMUNITY MEASURE IF SUCH COMMUNICATION DOES NOT CONTAIN ANY DETAILS ENABLING THE UNDERTAKING TO IDENTIFY THE DECISION TAKEN AND TO ASCERTAIN ITS PRECISE CONTENT IN SUCH A WAY AS TO ENABLE IT TO EXERCISE ITS RIGHT TO INSTITUTE PROCEEDINGS .

2 . AN APPLICATION FOR ANNULMENT IS NOT INADMISSIBLE FOR WANT OF A LEGAL INTEREST ON THE SOLE GROUND THAT IF THE CONTESTED MEASURE WERE ANNULLED THE INSTITUTION WHOSE ACT WAS DECLARED VOID WOULD BE UNABLE HAVING REGARD TO THE CIRCUMSTANCES TO FULFIL ITS OBLIGATION UNDER THE FIRST PARAGRAPH OF ARTICLE 176 OF THE EEC TREATY . IN SUCH A CASE THE APPLICATION STILL CONSTITUTES A LEGAL INTEREST AT LEAST AS THE BASIS FOR POSSIBLE PROCEEDINGS FOR DAMAGES .
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1 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL - PURPOSE - CREATION OF RIGHTS BY VIRTUE OF INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE - EXCLUSION

( REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - AFFILIATION TO A SOCIAL SECURITY SCHEME - CONDITIONS - APPLICATION OF NATIONAL LAW - LEGISLATION MAKING AFFILIATION CONDITIONAL ON THE COMPLETION OF INSURANCE PERIODS - INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE TREATED AS EQUIVALENT TO THOSE COMPLETED ON NATIONAL TERRITORY - DUTY OF THE MEMBER STATES - NONE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ARTS 1 ( A ) AND 3 )

Summary

1 . THE PRINCIPAL AIM OF REGULATION NO 1612/68 IS TO ENSURE THAT IN EACH MEMBER STATE WORKERS FROM THE OTHER MEMBER STATES RECEIVE TREATMENT WHICH IS NOT DISCRIMINATORY BY COMPARISON WITH THAT OF NATIONAL WORKERS BY PROVIDING FOR THE SYSTEMATIC APPLICATION OF THE RULE OF NATIONAL TREATMENT AS FAR AS ALL CONDITIONS OF EMPLOYMENT AND WORK ARE CONCERNED . IT IS NOT THE PURPOSE OF THAT REGULATION TO CREATE RIGHTS BY VIRTUE OF INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE IF SUCH RIGHTS , IN THE CASE OF THE NATIONALS OF THE HOST STATE , DO NOT DERIVE FROM NATIONAL PROVISIONS .

2 . ARTICLES 1 ( A ) AND 3 OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME PROVIDED ALWAYS THAT IN THIS CONNEXION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES .

CONSEQUENTLY IF NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER THAT SCHEME CONDITIONAL IN CERTAIN CIRCUMSTANCES ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH WERE COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .
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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - ACTS OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION TAKEN IN THE FORM OF A REGULATION - PURPOSE OF THE PROCEEDINGS

( EEC TREATY , SECOND PARAGRAPH OF ART . 173 )

2 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATION - CONCEPT

( EEC TREATY , ART . 189 )

Summary

1 . THE OBJECTIVE OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY IS IN PARTICULAR TO PREVENT THE COMMUNITY INSTITUTIONS FROM BEING IN A POSITION , MERELY BY CHOOSING THE FORM OF A REGULATION , TO EXCLUDE AN APPLICATION BY AN INDIVIDUAL AGAINST A DECISION WHICH CONCERNS HIM DIRECTLY AND INDIVIDUALLY ; IT THEREFORE STIPULATES THAT THE CHOICE OF FORM CANNOT CHANGE THE NATURE OF THE MEASURE .

2 . A PROVISION WHICH LIMITS THE GRANTING OF PRODUCTION AID FOR ALL PRODUCERS IN RESPECT OF A PARTICULAR PRODUCT TO A UNIFORM PERCENTAGE OF THE QUANTITY PRODUCED BY THEM DURING A UNIFORM REFERENCE PERIOD IS BY NATURE A MEASURE OF ' ' GENERAL APPLICATION ' ' - AND THUS BY NATURE A REGULATION - WITHIN THE MEANING OF ARTICLE 189 OF THE EEC TREATY . IN FACT SUCH A MEASURE APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND PRODUCES LEGAL EFFECTS WITH REGARD TO CATEGORIES OF PERSONS DESCRIBED IN A GENERALIZED AND ABSTRACT MANNER . THE NATURE OF THE MEASURE AS A REGULATION IS NOT CALLED IN QUESTION BY THE MERE FACT THAT IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PRODUCERS TO BE GRANTED THE AID WHICH IS LIMITED THEREBY .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - CONSIDERATION OF THE VARIOUS LANGUAGE VERSIONS - REFERENCE TO THE EXPLANATORY NOTES OF THE CUSTOMS CO-OPERATION COUNCIL

2 . COMMON CUSTOMS TARIFF - TARIFF SUBHEADINGS - ' ' SYNTHETIC TEXTILE FIBRES ' ' WITHIN THE MEANING OF SUBHEADING 56.01 A - CONCEPT - EXCLUSION OF FIBRES NOT SUITABLE FOR SPINNING - IMPERMISSIBLE

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' FLOCK AND DUST OF MAN-MADE FIBRES ' ' WITHIN THE MEANING OF SUBHEADING 59.01 B I - CRITERIA - REFERENCE TO THE EXPLANATORY NOTES OF THE CUSTOMS CO-OPERATION COUNCIL

4 . COMMON CUSTOMS TARIFF - TARIFF SUBHEADINGS - ' ' FLOCK AND DUST OF MAN-MADE FIBRES ' ' WITHIN THE MEANING OF SUBHEADING 59.01 B I - CONCEPT - CUTTINGS OF SYNTHETIC TEXTILE FIBRES HAVING A LENGTH OF BETWEEN 6 AND 7 MM - INCLUSION

Summary

1 . WHEN A COMPARISON OF THE VARIOUS LANGUAGE VERSIONS OF ANY SUBHEADINGS IN THE COMMON CUSTOMS TARIFF REVEALS THAT THE DIFFICULTIES IN INTERPRETATION RAISED BEFORE A NATIONAL COURT RESULT MAINLY FROM THE PECULIARITIES OF ONE OF THE LANGUAGE VERSIONS , THOSE SUBHEADINGS ARE TO BE CONSIDERED IN ALL THE OFFICIAL LANGUAGE VERSIONS SIMULTANEOUSLY , USING IN ADDITION THE INFORMATION TO BE FOUND IN THE EXPLANATORY NOTES OF THE CUSTOMS CO-OPERATION COUNCIL .

2 . A GENERAL CONSIDERATION OF ALL THE OFFICIAL LANGUAGE VERSIONS OF THE COMMON CUSTOMS TARIFF SHOWS CLEARLY THAT SUBHEADING 56.01 A REPRESENTS AN OPEN-ENDED CATEGORY INCLUDING ALL TYPES OF FIBRE IRRESPECTIVE OF THEIR METHOD OF MANUFACTURE AND THEIR SUBSEQUENT USE . CONSEQUENTLY AN INTERPRETATION OF THAT SUBHEADING WHICH HAS THE EFFECT OF ARBITRARILY RESTRICTING ITS SCOPE BY EXCLUDING FROM IT ALL FIBRES WHICH ARE NOT SUITABLE FOR USE LATER IN SPINNING IS UNACCEPTABLE .

3 . IT IS APPARENT FROM THE EXPLANATORY NOTES OF THE CUSTOMS CO-OPERATION COUNCIL THAT THE SCOPE OF HEADING 59.01 OF THE COMMON CUSTOMS TARIFF CANNOT BE RESTRICTED TO WASTE PRODUCED BY SHEARING AND THAT THERE CANNOT BE A REQUIREMENT THAT IN EVERY CASE THE PRODUCT HAS THE APPEARANCE OF DUST . THE NOTES MAKE IT CLEAR THAT SUBHEADING 59.01 B I CAN APPLY EQUALLY TO TEXTILE CUTTINGS OF A REGULAR LENGTH .

4 . CUTTINGS OF SYNTHETIC TEXTILE FIBRES HAVING A LENGTH OF BETWEEN 6 AND 7 MM FALL WITHIN SUBHEADING 59.01 B I OF THE COMMON CUSTOMS TARIFF AS FLOCK AND DUST OF MAN-MADE FIBRES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - WINE - AID FOR LONG-TERM STORAGE OF TABLE WINE - CONDITIONS FOR GRANT - ' ' CONCLUSION ' ' OF STORAGE CONTRACT - CONCEPT

( REGULATION NO 816/70 OF THE COUNCIL , ART . 5 ( 5 ); REGULATION NO 1437/70 OF THE COMMISSION , ART . 8 ( 1 ) AS AMENDED BY REGULATION NO 176/72 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - EXPENDITURE DUE TO ERRONEOUS INTERPRETATION OF COMMUNITY LAW - FINANCING BY THE EAGGF - CONDITIONS - ERROR ATTRIBUTABLE TO AN INSTITUTION OF THE COMMUNITY

( REGULATION NO 729/70 OF THE COUNCIL )

Summary

1 . ENTITLEMENT TO AID FOR THE LONG-TERM STORAGE OF TABLE WINE CANNOT BE ESTABLISHED BEFORE IT HAS EVEN BEEN DETERMINED THAT THE CONDITIONS GOVERNING THE AID HAVE BEEN FULFILLED . HENCE THE REFERENCE TO THE ' ' CONCLUSION ' ' OF THE STORAGE CONTRACT IN THE AMENDED VERSION OF ARTICLE 8 ( 1 ) OF REGULATION NO 1437/70 AS A CONDITION GOVERNING THE GRANT OF THE AID MUST BE TAKEN TO MEAN THAT THE CONTRACT DOES NOT BECOME PERFECT UNTIL THE PREPARATION OF THE INSTRUMENT WHOSE WRITTEN FORM IS LAID DOWN BY ARTICLE 9 OF THE AFORESAID REGULATION , AFTER VERIFICATION OF ALL THE RELEVANT INFORMATION BY THE INTERVENTION AGENCY .

2 . UPON THE OCCASION OF THE CLEARANCE OF THE ACCOUNTS PRESENTED BY THE MEMBER STATES THE COMMISSION IS NOT OBLIGED TO CHARGE TO THE EAGGF EXPENDITURE INCURRED ON THE BASIS OF AN ERRONEOUS INTERPRETATION OF COMMUNITY LAW UNLESS THE ERROR MAY BE ATTRIBUTED TO AN INSTITUTION OF THE COMMUNITY .
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1 . COMMON CUSTOMS TARIFF - SYSTEM OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES - ORIGIN OF THE GOODS - VERIFICATION - NECESSITY

( REGULATION NO 1371/71 OF THE COMMISSION )

2 . COMMON CUSTOMS TARIFF - SYSTEM OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES - ORIGIN OF THE GOODS - VERIFICATION - METHODS - VERIFICATION OF CERTIFICATES OF ORIGIN AFTER IMPORTATION - NEGATIVE OUTCOME - RECOVERY OF DUTIES NOT PAID - LAWFULNESS

( REGULATION NO 1371/71 OF THE COMMISSION , ART . 13 )

Summary

1 . THE SYSTEM OF GENERALIZED PREFERENCES SUCH AS THOSE PROVIDED FOR BY REGULATION NO 1371/71 IS BASED ON THE PRINCIPLE OF THE UNILATERAL GRANT BY THE COMMUNITY OF TARIFF ADVANTAGES IN FAVOUR OF PRODUCTS ORIGINATING IN CERTAIN DEVELOPING COUNTRIES WITH THE AIM OF FACILITATING THE FLOW OF TRADE WITH THOSE COUNTRIES . THE BENEFIT OF THAT PREFERENTIAL SYSTEM IS THUS LINKED TO THE ORIGIN OF THE GOODS AND THE VERIFICATION OF THAT ORIGIN IS THEREFORE A NECESSARY ELEMENT OF THE SYSTEM .

2.THE CUSTOMS AUTHORITIES OF AN IMPORTING MEMBER STATE MAY , PURSUANT TO ARTICLE 13 OF REGULATION NO 1371/71 OF THE COMMISSION OF 30 JUNE 1971 AND THE GENERAL STRUCTURE OF THAT REGULATION , AFTER HAVING PERMITTED WITHOUT RESERVE THE FINAL IMPORTATION OF GOODS AND THE APPLICATION OF THE PREFERENTIAL TARIFF TREATMENT GRANTED TO PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES :

1 . REQUIRE THE STATE BENEFITING FROM THE EXPORTATION TO VERIFY THE CERTIFICATE OF ORIGIN ON FORM A RELATING TO THOSE GOODS ;

2.THEN , IF THE OUTCOME OF THAT VERIFICATION IS NEGATIVE , DEMAND PAYMENT OF THE DUTY WHICH WAS NOT PAID AT THE TIME OF IMPORTATION .
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1 . OFFICIALS - APPLICATION TO THE COURT - ACTION AGAINST A REGULATION - INADMISSIBILITY

( EEC TREATY , ART . 173 AND EAEC TREATY , ART . 146 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 ; COUNCIL REGULATIONS NO 3085/78 AND NO 3086/78 AMENDING THE STAFF REGULATIONS OF OFFICIALS )

2 . OFFICIALS - ACTION FOR DAMAGES - INDEPENDENT NATURE COMPARED TO ACTION FOR ANNULMENT - LIMITS

Summary

1 . AN ACTION FOR THE ANNULMENT OF REGULATION NO 3085/78 AND NO 3086/78 OF THE COUNCIL IS INADMISSIBLE SINCE THE REGULATIONS IN QUESTION ARE OF GENERAL APPLICATION AND CANNOT BE ASSIMILATED TO DECISIONS WHICH , ALTHOUGH TAKEN IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO OFFICIALS .

2 . A PARTY MAY TAKE ACTION BY MEANS OF A CLAIM FOR COMPENSATION WITHOUT BEING OBLIGED TO SEEK THE ANNULMENT OF THE ILLEGAL MEASURE WHICH CAUSES HIM DAMAGE . HOWEVER , THE PARTY MAY NOT BY THAT MEANS ATTEMPT TO OBTAIN A RESULT SIMILAR TO THE ANNULMENT OF THE MEASURE WHERE THE APPLICATION FOR ANNULMENT CONCERNING THAT MEASURE WOULD BE INADMISSIBLE .
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Officials - Status of official - Conditions for acquiring not fulfilled - Calculation of length of service of an official in regard to the Community pensions scheme - Taking into account of period of employment prior to taking up duties - Excluded

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the parties to bear their own costs .
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING BENEFITS - NON-APPLICABILITY TO RECIPIENTS OF SIMILAR KINDS OF BENEFITS AWARDED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 3 OF REGULATION NO 1408/71 - INVALIDITY BENEFITS CONVERTED INTO OLD-AGE PENSIONS AND UNCONVERTED INVALIDITY BENEFITS - ASSIMILATION TO BENEFITS OF THE SAME KIND

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 12 ( 2 ) AND CHAPTER 3 )

Summary

WHERE A WORKER IS IN RECEIPT OF INVALIDITY BENEFITS CONVERTED INTO AN OLD-AGE PENSION BY VIRTUE OF THE LEGISLATION OF A MEMBER STATE AND OF INVALIDITY BENEFITS NOT YET CONVERTED INTO AN OLD-AGE PENSION UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , THE OLD-AGE PENSION AND THE INVALIDITY BENEFITS ARE TO BE REGARDED AS BEING OF THE SAME KIND . IN SUCH A CASE THE PROVISIONS OF CHAPTER 3 OF REGULATION NO 1408/71 ARE APPLICABLE FOR THE PURPOSE OF DETERMINING THE RIGHTS OF THE WORKER , AND , BY VIRTUE OF THE LAST SENTENCE OF ARTICLE 12 ( 2 ) OF THE REGULATION , THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING IS PRECLUDED .
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APPROXIMATION OF LEGISLATION - PRESERVATIVES WHICH MAY BE USED IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION - DUTY OF MEMBER STATES - SCOPE - RIGHT OF INDIVIDUALS TO RELY UPON THE PROVISIONS OF DIRECTIVE 64/54/EEC - LIMITS

( COUNCIL DIRECTIVE 64/54/EEC )

Summary

AT THE PRESENT STAGE IN THE APPROXIMATION OF LEGISLATION IN THE FIELD OF PRESERVATIVES , MEMBER STATES ARE NOT BOUND TO AUTHORIZE FOR USE IN FOODSTUFFS ALL THE SUBSTANCES THE USE OF WHICH IS PERMITTED BY DIRECTIVE 64/54/EEC . THEY HAVE RETAINED A CERTAIN DISCRETION TO DETERMINE THEIR OWN RULES CONCERNING THE ADDITION OF PRESERVATIVES TO FOODSTUFFS , SUBJECT TO THE TWOFOLD CONDITION THAT NO PRESERVATIVE MAY BE AUTHORIZED UNLESS IT APPEARS IN THE LIST ANNEXED TO THE DIRECTIVE AND THAT THE USE OF A PRESERVATIVE WHICH IS LISTED THERE MAY NOT BE TOTALLY PROHIBITED EXCEPT IN SPECIAL CASES WHERE THERE IS NO TECHNOLOGICAL NECESSITY .

IN THESE CIRCUMSTANCES , AN INDIVIDUAL WHO IS PROSECUTED FOR USING SORBIC ACID IN CERTAIN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION CANNOT RELY UPON THE PROVISIONS OF DIRECTIVE 64/54/EEC AUTHORIZING THE USE OF THAT PRESERVATIVE IF THE APPLICABLE NATIONAL LEGISLATION PERMITS THE USE THEREOF IN OTHER FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION .
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1 . TAX PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION - PERMISSIBILITY - CONDITIONS - PURSUIT OF OBJECTIVES COMPATIBLE WITH COMMUNITY LAW - ABSENCE OF ANY DISCRIMINATORY OR PROTECTIVE NATURE

( EEC TREATY , ART . 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION OF DENATURED SYNTHETIC ALCOHOL AND DENATURED ALCOHOL OBTAINED BY FERMENTATION - PERMISSIBILITY - CONDITIONS - IDENTICAL APPLICATION TO IMPORTED PRODUCTS - MORE HEAVILY TAXED PRODUCT EXCLUSIVELY AN IMPORTED ONE - EQUIVALENT ECONOMIC EFFECT ON THE STRUCTURE OF NATIONAL PRODUCTION

( EEC TREATY , ART . 95 , FIRST AND SECOND PARAGRAPHS )

Summary

1 . IN ITS PRESENT STAGE OF DEVELOPMENT COMMUNITY LAW DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO LAY DOWN TAX ARRANGEMENTS WHICH DIFFERENTIATE BETWEEN CERTAIN PRODUCTS ON THE BASIS OF OBJECTIVE CRITERIA , SUCH AS THE NATURE OF THE RAW MATERIALS USED OR THE PRODUCTION PROCESSES EMPLOYED . SUCH DIFFERENTIATION IS COMPATIBLE WITH COMMUNITY LAW IF IT PURSUES OBJECTIVES OF ECONOMIC POLICY WHICH ARE THEMSELVES COMPATIBLE WITH THE REQUIREMENTS OF THE TREATY AND ITS SECONDARY LAW AND IF THE DETAILED RULES ARE SUCH AS TO AVOID ANY FORM OF DISCRIMINATION , DIRECT OR INDIRECT IN REGARD TO IMPORTS FROM OTHER MEMBER STATES OR ANY FORM OF PROTECTION OF COMPETING DOMESTIC PRODUCTS .

2 . TAX ARRANGEMENTS WHICH IMPOSE HEAVIER CHARGES ON DENATURED SYNTHETIC ALCOHOL THAN ON DENATURED ALCOHOL OBTAINED BY FERMENTATION ON THE BASIS OF THE RAW MATERIALS AND THE MANUFACTURING PROCESSES EMPLOYED FOR THE TWO PRODUCTS ARE NOT AT VARIANCE WITH THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY IF THEY ARE APPLIED IDENTICALLY TO THE TWO CATEGORIES OF ALCOHOL ORIGINATING IN OTHER MEMBER STATES .

SUCH TAX ARRANGEMENTS ARE JUSTIFIED EVEN THOUGH THE PRODUCTS IN QUESTION , WHILST DERIVED FROM DIFFERENT RAW MATERIALS , ARE CAPABLE OF BEING PUT TO THE SAME USES AND HAVE THE SAME PRACTICAL APPLICATION .

WHERE BY REASON OF THE TAXATION OF SYNTHETIC ALCOHOL , IT HAS BEEN IMPOSSIBLE TO DEVELOP PROFITABLE PRODUCTION OF THAT TYPE OF ALCOHOL ON NATIONAL TERRITORY , THE APPLICATION OF SUCH TAX ARRANGEMENTS CANNOT BE CONSIDERED AS CONSTITUTING INDIRECT PROTECTION OF NATIONAL PRODUCTION OF ALCOHOL OBTAINED BY FERMENTATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY ON THE SOLE GROUND THAT THEIR CONSEQUENCE IS THAT THE PRODUCT SUBJECT TO THE HEAVIER TAXATION IS IN FACT A PRODUCT WHICH IS EXCLUSIVELY IMPORTED FROM OTHER MEMBER STATES OF THE COMMUNITY .