ddrg/super_eurlex huggingface dataset:
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1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - VALIDITY - ASSESSMENT ONLY IN THE LIGHT OF COMMUNITY LAW

2 . COMMUNITY LAW - PRINCIPLES - FUNDAMENTAL RIGHTS - FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION - LIMITATIONS - PERMISSIBILITY - CONDITIONS

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - DESCRIPTION AND PRESENTATION OF WINE - LABELLING OF TABLE WINE - LIMITATION OF TERMS USED - GENERAL OBJECTIVES - JUSTIFICATION

( COUNCIL REGULATION NO 355/79 , ART . 2 ( 2 ) ( H ); - COMMISSION REGULATION NO 997/81 , ART . 13 ( 6 ))

Summary

1 . THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY CAN BE JUDGED ONLY IN THE LIGHT OF COMMUNITY LAW . A CLAIM THAT FUNDAMENTAL RIGHTS LAID DOWN IN THE CONSTITUTION OF A MEMBER STATE HAVE BEEN INFRINGED CANNOT IN ITSELF AFFECT THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN THAT STATE .

2 . THE FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION IS PROTECTED WITHIN THE COMMUNITY LEGAL ORDER ONLY SUBJECT TO THE LIMITS JUSTIFIED BY THE GENERAL OBJECTIVES PURSUED BY THE COMMUNITY , ON CONDITION THAT THE SUBSTANCE OF THE RIGHT IS LEFT UNTOUCHED .

WHEREAS THE COMMUNITY RULES ON THE LABELLING OF WINES PLACE CERTAIN RESTRICTIONS WITHIN A CLEARLY DEFINED SPHERE ON THE BUSINESS ACTIVITY OF THE TRADERS CONCERNED , THEY IN NO WAY IMPINGE ON THE ACTUAL SUBSTANCE OF THE FREEDOM TO PURSUE THAT ACTIVITY .

3 . THE PRINCIPLE OF RESTRICTING THE NUMBER OF TERMS WHICH MAY BE USED ON THE LABELLING OF WINES , WHICH IS IMPLEMENTED BY COUNCIL REGULATION NO 355/79 AND COMMISSION REGULATION NO 997/81 ON THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS , IS JUSTIFIED ON THE BASIS OF THE GENERAL OBJECTIVES PURSUED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE . IN PARTICULAR THE EXCLUSION OF THE TERM ' DURCHGEGOREN ' ON THE LABELLING OF TABLE WINE IS WARRANTED BY THE GENERAL INTEREST AND HENCE DOES NOT CONSTITUTE A RESTRICTION , IN A MANNER CONTRARY TO COMMUNITY LAW , OF THE FREE PURSUIT OF THE TRADE OF WINE-GROWER .
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PROCEDURE - ACTION BROUGHT BEFORE THE COURT UNDER AN ARBITRATION CLAUSE - JURISDICTION TO HEAR AND DETERMINE A COUNTERCLAIM - BASIS - CONDITIONS

( ECSC TREATY , ART . 42 ; EEC TREATY , ART . 181 ; EAEC TREATY , ART . 153 )

Summary

ALTHOUGH UNDER AN ARBITRATION CLAUSE THE COURT IS CALLED UPON TO RESOLVE A DISPUTE IN ACCORDANCE WITH THE NATIONAL LAW GOVERNING THE CONTRACT , THE QUESTION WHETHER IT HAS JURISDICTION TO HEAR AND DETERMINE A COUNTERCLAIM AND TO CONSIDER WHETHER IT IS ADMISSIBLE MUST BE ASSESSED SOLELY IN THE LIGHT OF ARTICLE 42 OF THE ECSC TREATY , ARTICLE 181 OF THE EEC TREATY , ARTICLE 153 OF THE EAEC TREATY AND THE COURT ' S RULES OF PROCEDURE .

THE JURISDICTION OF THE COURT , WHERE IT IS BASED ON AN ARBITRATION CLAUSE , DEROGATES FROM THE ORDINARY RULES OF LAW AND MUST THEREFORE BE GIVEN A RESTRICTIVE INTERPRETATION . THE COURT MAY HEAR AND DETERMINE ONLY CLAIMS ARISING FROM THE CONTRACT CONTAINING THE ARBITRATION CLAUSE , WHICH WAS CONCLUDED WITH THE COMMUNITY , OR CLAIMS THAT ARE DIRECTLY CONNECTED WITH THE OBLIGATIONS ARISING FROM THAT CONTRACT .
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AGRICULTURE - COUNTERVAILING CHARGE ON PRODUCTS NOT COVERED BY A COMMON ORGANIZATION - CALCULATION - FLAT-RATE FIGURES - PERMISSIBLE

( EEC TREATY, ART . 46; COMMISSION REGULATION NO 644/85, AMENDING REGULATION NO 2541/84 )

Summary

IN DETERMINING, FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 46 OF THE TREATY, THE DATA WHICH ARE TO SERVE AS THE BASIS FOR THE CALCULATION OF A COUNTERVAILING CHARGE INTENDED TO MAKE UP THE DIFFERENCE BETWEEN THE EXPORT PRICE OF A PRODUCT AND WHAT MAY BE REGARDED AS ITS NORMAL PRICE ON THE MARKETS OF THE IMPORTING COUNTRIES, THE COMMISSION IS ENTITLED, HAVING REGARD TO THE COMPLEXITY OF THE DATA WHICH MAY BE TAKEN INTO ACCOUNT, TO USE FLAT-RATE FIGURES .
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APPROXIMATION OF LAWS - PROCEDURE FOR THE AWARD OF PUBLIC WORKS CONTRACTS - DEROGATIONS FROM THE COMMON RULES - STRICT INTERPRETATION - EXISTENCE OF EXCEPTIONAL CIRCUMSTANCES - BURDEN OF PROOF

( COUNCIL DIRECTIVE 71/305, ART . 9 ( B ) AND ( D )*)

Summary

ARTICLE 9 OF DIRECTIVE 71/305 CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS ALLOWS DEROGATIONS FROM THE COMMON RULES IN A NUMBER OF CASES WHICH INCLUDE THOSE SET OUT IN PARAGRAPHS ( B ) AND ( D ). THOSE DEROGATIONS FROM THE RULES INTENDED TO ENSURE THE EFFECTIVENESS OF THE RIGHTS CONFERRED BY THE TREATY IN THE FIELD OF PUBLIC WORKS CONTRACTS MUST BE INTERPRETED STRICTLY AND THE BURDEN OF PROVING THE ACTUAL EXISTENCE OF EXCEPTIONAL CIRCUMSTANCES JUSTIFYING A DEROGATION LIES ON THE PERSON SEEKING TO RELY ON THOSE CIRCUMSTANCES .
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FREE MOVEMENT OF GOODS - EXCEPTIONS - ROAD SAFETY - SYSTEM OF APPROVAL FOR IMPORTED VEHICLES - CHECKING PROCEDURE - PERMISSIBILITY - CONDITIONS

( EEC TREATY, ARTS 30 AND 36 )

Summary

ARTICLES 30 AND 36 OF THE EEC TREATY ARE TO BE INTERPRETED AS MEANING THAT, AS COMMUNITY LAW NOW STANDS, AN APPROVAL PROCEDURE LAID DOWN IN A MEMBER STATE FOR VEHICLES IMPORTED FROM ANOTHER MEMBER STATE AND ALREADY APPROVED OR AUTHORIZED FOR USE IN THAT STATE IS COMPATIBLE WITH THE TREATY ONLY IF :

( A ) THE CHECKING PROCEDURE DOES NOT ENTAIL UNREASONABLE COST OR DELAY AND THE PUBLIC AUTHORITIES ENSURE THAT THESE CONDITIONS ARE FULLY MET WHERE THE MANUFACTURER OR HIS AUTHORIZED REPRESENTATIVE IS CALLED ON TO CARRY OUT THE NECESSARY CHECKS;

( B ) THE IMPORTER MAY, AS AN ALTERNATIVE TO THE CHECKING PROCEDURE, PRODUCE DOCUMENTS ISSUED IN THE EXPORTING MEMBER STATE IN SO FAR AS THOSE DOCUMENTS PROVIDE THE NECESSARY INFORMATION BASED ON CHECKS ALREADY CARRIED OUT .
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1 . APPROXIMATION OF LAWS - WASTE - DIRECTIVE 75/442 - SCOPE - DISPOSAL OF WASTE - DESIGNATION OF THE COMPETENT AUTHORITIES - DISCRETIONARY POWER OF MEMBER STATES - NEED FOR A PERMIT - LIMITS - SUPERVISION BY THE COMPETENT AUTHORITY - FULFILMENT OF OBLIGATION TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT

( COUNCIL DIRECTIVE 75/442, ARTS 4, 5 AND 8 TO 12 )

2 . MEASURES ADOPTED BY INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - LIMITS - POSSIBILITY OF RELYING UPON A DIRECTIVE AS AGAINST AN INDIVIDUAL - EXCLUSION

( EEC TREATY, ART . 189 )

Summary

1 . ARTICLES 8 TO 12 OF DIRECTIVE 75/442 ON WASTE COVER ALL WASTE-DISPOSAL ACTIVITIES AND DO NOT IMPOSE ANY LIMITATION RELATING TO THE LEGAL STATUS OF THE OPERATOR OR THE FREQUENCY OR PURPOSE OF THE ACTIVITIES CONCERNED .

ARTICLE 5 OF THE DIRECTIVE DOES NOT LAY DOWN ANY RESTRICTIVE CRITERIA CONCERNING THE "COMPETENT ... AUTHORITIES TO BE RESPONSIBLE, IN A GIVEN ZONE, FOR THE PLANNING, ORGANIZATION, AUTHORIZATION AND SUPERVISION OF WASTE-DISPOSAL OPERATIONS" WHICH ARE TO BE ESTABLISHED OR DESIGNATED BY THE MEMBER STATES AND THE LATTER ARE THEREFORE UNRESTRICTED IN THEIR CHOICE OF SUCH AUTHORITIES .

THE PERMIT PROVIDED FOR IN ARTICLE 8 OF THE DIRECTIVE IS ISSUED BY THOSE AUTHORITIES AND CANNOT BE REPLACED BY THE CONSENT OF THE OWNER OR OCCUPIER OF THE LAND WHERE THE WASTE IS DISCHARGED . AN OWNER OR OCCUPIER OF LAND, AS AN OPERATOR TIPPING HIS OWN WASTE ON THAT LAND, DOES NOT NEED A PERMIT UNDER ARTICLE 8 BUT A MEASURE SUBJECTING HIM TO SUCH A REQUIREMENT MAY BE ADOPTED AS ONE OF THE NECESSARY MEASURES TO BE TAKEN BY THE MEMBER STATES UNDER ARTICLE 4 OF THE DIRECTIVE .

SUBJECT TO THE USUAL LIMITATIONS ON THE EXERCISE OF A DISCRETIONARY POWER, THE POWER ENJOYED BY THE MEMBER STATES REGARDING ORGANIZATION OF THE SUPERVISION PROVIDED FOR IN ARTICLE 10 OF THE DIRECTIVE IS QUALIFIED ONLY BY THE REQUIREMENT THAT THE OBJECTIVES OF THAT DIRECTIVE, NAMELY PROTECTION OF HUMAN HEALTH AND OF THE ENVIRONMENT, MUST BE COMPLIED WITH .

2 . A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND A PROVISION OF A DIRECTIVE MAY NOT THEREFORE BE RELIED UPON AS SUCH AGAINST SUCH A PERSON .
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1 . OFFICIALS - ACTIONS - MEASURE HAVING ADVERSE EFFECTS - PROMOTION DECISION CONFIRMED AFTER RE-EXAMINATION - ACTION DIRECTED AGAINST ORIGINAL DECISION - ADMISSIBILITY

( STAFF REGULATIONS, ARTS 90 ( 2 ) AND 91 )

2 . OFFICIALS - PROMOTION - COMPARATIVE EXAMINATION OF MERITS - FAILURE TO TAKE ACCOUNT OF PERIODIC REPORTS OF CERTAIN CANDIDATES - IRREGULARITY CAPABLE OF BEING REMEDIED BY RE-EXAMINATION

( STAFF REGULATIONS, ART . 45 )

3 . OFFICIALS - PROMOTION - COMPARATIVE EXAMINATION OF MERITS - A*2 AND A*3 POSTS - PARTICIPATION OF A CONSULTATIVE BODY NOT PROVIDED FOR IN THE STAFF REGULATIONS - OBLIGATION TO RECONSULT WHERE THE FILE IS RE-EXAMINED - LIMITS

( STAFF REGULATIONS, ART . 45 )

Summary

1 . THE CONFIRMATION OF A PROMOTION DECISION AFTER A RE-EXAMINATION DOES NOT RENDER INADMISSIBLE AN ACTION BROUGHT BY AN UNSUCCESSFUL CANDIDATE AGAINST THE ORIGINAL DECISION .

2 . EVEN IF A PROMOTION DECISION IS VITIATED BY A PROCEDURAL DEFECT OWING TO THE FAILURE TO TAKE ACCOUNT OF THE PERIODIC REPORTS OF CERTAIN CANDIDATES AT THE TIME OF THE COMPARATIVE EXAMINATION OF MERITS, THAT IRREGULARITY CAN BE REMEDIED BY RE-EXAMINING THE FILE .

3 . THE SETTING UP BY THE COMMISSION OF AN ADVISORY COMMITTEE NOT PROVIDED FOR BY THE STAFF REGULATIONS IN ORDER TO OBTAIN AN OPINION REGARDING APPOINTMENTS TO CERTAIN POSTS IN RELATION TO THE ABILITIES AND APTITUDES OF CANDIDATES, HAVING REGARD TO THE QUALIFICATIONS REQUIRED, CONSTITUTES A MEASURE DESIGNED TO ENSURE THAT THE COMMISSION, AS APPOINTING AUTHORITY, HAS A BETTER BASIS FOR CARRYING OUT THE COMPARATIVE EXAMINATION OF THE MERITS OF THE CANDIDATES AS REQUIRED BY ARTICLE 45 OF THE STAFF REGULATIONS . ALTHOUGH THE COMMITTEE' S ROLE IS PURELY ADVISORY, ITS OPINION IS THUS ONE OF THE FACTORS ON WHICH THE COMMISSION BASES ITS OWN ASSESSMENT OF THE CANDIDATES . IT FOLLOWS THAT IF THE COMMISSION IS MOVED TO RECONSIDER AN APPOINTMENT WHICH WAS DECIDED UPON AFTER THE COMMITTEE GAVE ITS OPINION, THE COMMITTEE MUST BE RECONSULTED IN SO FAR AS THE COMMISSION' S RE-EXAMINATION OF THE FILE INVOLVES A FRESH COMPARISON OF THE MERITS OF THE CANDIDATES . HOWEVER, THE COMMISSION IS NOT OBLIGED TO DO SO IF, IN VIEW OF THE PARTICULAR CIRCUMSTANCES OF THE CASE, THE FACT OF NOT RECONSULTING THE COMMITTEE CANNOT HARM THE INTERESTS OF THE CANDIDATES IN QUESTION . THAT, HOWEVER, IS NOT THE POSITION WHERE NOT JUST ONE CANDIDATE' S PERIODIC REPORT BUT AN UNSPECIFIED NUMBER OF PERIODIC REPORTS OF SEVERAL CANDIDATES FOR THE POST AT ISSUE ARE MISSING .
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TRANSPORT - COMBINED ROAD AND RAIL CARRIAGE - DIRECTIVE 82/603/EEC - VEHICLES ELIGIBLE FOR A REDUCTION OR REIMBURSEMENT OF ROAD TAXES - TRACTORS AND TRAILERS

( COUNCIL DIRECTIVE 82/603/EEC AMENDING DIRECTIVE 75/130/EEC )

Summary

THE AIM OF COUNCIL DIRECTIVE 82/603/EEC, AMENDING DIRECTIVE 75/130/EEC ON THE ESTABLISHMENT OF COMMON RULES FOR CERTAIN TYPES OF COMBINED ROAD/RAIL CARRIAGE OF GOODS BETWEEN MEMBER STATES, IS TO PROMOTE CERTAIN TYPES OF COMBINED TRANSPORT, INCLUDING THOSE COMPRISING BOTH THE TRACTOR AND THE TRAILER . THE REDUCTION OR REIMBURSEMENT OF TAXES APPLICABLE TO ROAD VEHICLES USED IN COMBINED TRANSPORT MUST THEREFORE APPLY NOT ONLY TO THE TRAILER BUT ALSO TO THE TRACTOR, WHERE THE LATTER IS ITSELF TRANSPORTED BY RAIL .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - IMPLEMENTATION BY MEANS OF "TECHNICAL RULES" - NO LEGAL SIGNIFICANCE - NOT PERMITTED

( EEC TREATY, ART . 189 ( 3 ); COUNCIL DIRECTIVE 67/548/EEC, AS AMENDED BY DIRECTIVE 79/831/EEC )
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FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF PUBLIC HEALTH - NATIONAL RULES ON THE PRODUCTION AND MARKETING OF PASTEURIZED MILK PRODUCTS - PERMISSIBILITY - TOTAL PROHIBITION OF IMPORTS - DISPROPORTIONATE - NOT PERMISSIBLE

( EEC TREATY, ARTS 30 AND 36 )

Summary

ALTHOUGH A MEMBER STATE MAY LEGITIMATELY, IN VIEW OF THE RISKS TO PUBLIC HEALTH WHICH MAY BE ASSOCIATED WITH PASTEURIZED MILK PRODUCTS, IMPOSE STRICT REQUIREMENTS APPLICABLE TO THE WHOLE PRODUCTION AND MARKETING CYCLE OF SUCH

PRODUCTS, IT IS NEVERTHELESS REQUIRED TO COMPLY WITH ITS OBLIGATIONS UNDER COMMUNITY LAW TO LIMIT THE RESTRICTIONS ON INTRA-COMMUNITY TRADE TO WHAT IS SRICTLY NECESSARY FOR THE PROTECTION OF HUMAN LIFE AND HEALTH .

RULES WHICH IMPOSE A GENERAL AND ABSOLUTE PROHIBITION ON ALL IMPORTS OF THE PRODUCT CONCERNED ON THE GROUND THAT THEY COULD NOT IN ANY EVENT SATISFY THE NATIONAL HEALTH-INSPECTION REQUIREMENTS ARE DISPROPORTIONATE IN RELATION TO THE OBJECTIVES PURSUED . IN THE ABSENCE OF COMMON STANDARDS, THOSE OBJECTIVES CAN BE ACHIEVED BY MEANS OF RULES UNDER WHICH PRODUCTS IMPORTED FROM OTHER MEMBER STATES MUST SATISFY THE NATIONAL STANDARDS IN FORCE, SO THAT THE PRODUCERS IN THOSE STATES ARE NOT DISCOURAGED FROM THE OUTSET FROM PLANNING EXPORTS, AFTER MAKING THE NECESSARY ADJUSTMENTS, AND SO THAT THEY HAVE AN OPPORTUNITY TO PROVE THAT THEIR PRODUCTS SATISFY THOSE REQUIREMENTS .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING THE OFFICIAL - DECISION ADOPTED FOLLOWING RECONSIDERATION OF A PREVIOUS DECISION

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - COMPETITION BASED ON QUALIFICATIONS AND TESTS - REFUSAL TO ADMIT A CANDIDATE TO THE TESTS - STATEMENT OF REASONS - DUTY - SCOPE

( STAFF REGULATIONS OF OFFICIALS, ART . 25 ( 2 ); ANNEX III, ART . 5 )

Summary

1 . AN APPLICATION BROUGHT AGAINST A DECISION NOT TO PERMIT A CANDIDATE TO TAKE PART IN A COMPETITION ADOPTED FOLLOWING A RECONSIDERATION OF A PREVIOUS, IDENTICAL DECISION IS ADMISSIBLE IN SO FAR AS THE SECOND DECISION REPLACED THE PREVIOUS DECISION AND CANNOT BE REGARDED AS MERELY CONFIRMING IT .

2 . IN ORDER TO MAKE ALLOWANCE FOR THE PRACTICAL DIFFICULTIES WHICH ARISE IN A COMPETITION FOR WHICH THERE IS A VERY LARGE NUMBER OF APPLICATIONS, THE SELECTION BOARD FOR SUCH A COMPETITION MAY INITIALLY SEND TO A CANDIATE NOT ADMITTED TO THE TESTS MERELY INFORMATION ON THE CRITERIA FOR SELECTION AND THE RESULT THEREOF AND NOT GIVE INDIVIDUAL EXPLANATIONS UNTIL LATER AND TO THOSE CANDIDATES WHO EXPRESSLY REQUEST THEM, PROVIDED HOWEVER THAT THE INDIVIDUAL EXPLANATION CONTAINS A SUFFICIENT STATEMENT OF THE REASONS ON WHICH IT IS BASED TO ENABLE THE PERSON CONCERNED TO JUDGE WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS TAINTED BY A DEFECT SUCH AS TO ENABLE ITS LAWFULNESS TO BE CHALLENGED .

THAT REQUIREMENT IS NOT FULFILLED IF, IN A LETTER ADDRESSED TO A CANDIDATE NOT ADMITTED TO THE TESTS IN REPLY TO HIS REQUEST FOR AN INDIVIDUAL EXPLANATION, THE SELECTION BOARD DOES NOT INDICATE THE WAY IN WHICH THE CRITERIA FOR SELECTION WERE APPLIED AND THE INFORMATION SUPPLIED BY THE CANDIDATE' S SUPERIORS MIGHT HAVE LED TO THE CONCLUSION THAT HE DID NOT HAVE ALL THE POTENTIALITIES FOR PERFORMING DUTIES AT THE LEVEL OF THE CATEGORY REFERRED TO IN THE COMPETITION NOTICE .
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OFFICIALS - SOCIAL SECURITY - SICKNESS INSURANCE - PERSONS TREATED AS DEPENDENT CHILDREN - ENTITLEMENT TO BENEFIT - CONDITION - LACK OF COVER UNDER ANY OTHER PUBLIC SCHEME OF SICKNESS INSURANCE - CONDITION NOT LAID DOWN IN THE STAFF REGULATIONS - LEGALITY

( STAFF REGULATIONS ART . 72 ( 1 ); RULES ON SICKNESS INSURANCE FOR OFFICIALS OF THE EUROPEAN COMMUNITIES, ART . 3 ( 3 ) )

Summary

BY PROVIDING THAT AN OFFICIAL AND HIS SPOUSE, CHILDREN AND OTHER DEPENDANTS ARE INSURED AGAINST SICKNESS UP TO A GIVEN PERCENTAGE OF THE EXPENDITURE INCURRED, SUBJECT TO RULES COMMON TO ALL THE INSTITUTIONS, ARTICLE 72 ( 1 ) OF THE STAFF REGULATIONS LEAVES IT TO THE AUTHORS OF THOSE RULES TO DEFINE THE SCOPE OF THE INSURANCE COVER IN QUESTION, IN KEEPING WITH THE STAFF REGULATIONS AND THE OBJECTIVES WHICH THEY PURSUE .

BY EXCLUDING FROM ENTITLEMENT TO COMMUNITY BENEFITS PERSONS TREATED AS DEPENDENT CHILDREN OF THE OFFICIAL WITHIN THE MEANING OF ARTICLE 2 ( 4 ) OF ANNEX VII TO THE STAFF REGULATIONS WHERE THEY ARE COVERED UNDER ANY OTHER PUBLIC SCHEME OF SICKNESS INSURANCE, ARTICLE 3 ( 3 ) OF THE RULES ON SICKNESS INSURANCE FOR OFFICIALS OF THE EUROPEAN COMMUNITIES DOES NOT GO BEYOND THE LIMITS LAID DOWN BY ARTICLE 72 OF THE STAFF REGULATIONS, SINCE IT IS CONSISTENT WITH THE INTENTIONS OF THE AUTHORS OF THE STAFF REGULATIONS FOR THE SCOPE OF SICKNESS INSURANCE FOR OFFICIALS AND MEMBERS OF THEIR FAMILIES TO BE DETERMINED SO AS TO AVOID AS FAR AS POSSIBLE OVERLAPPING SICKNESS INSURANCE COVER .
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Application for a declaration that a measure is void - Action brought against a regulation imposing a provisional anti-dumping duty - Adoption during the proceedings of a regulation ( also challenged ) imposing a definitive anti-dumping duty at a lower rate, which was rendered applicable ab initio - Application devoid of purpose - Decision unnecessary

( EEC Treaty, Art . 173 )

Summary

An application against a regulation imposing a provisional anti-dumping duty becomes devoid of purpose, with the result that the Court no longer has to give a decision upon it, where that regulation is replaced during the proceedings by a regulation - which is also challenged by the applicant - imposing a definitive anti-dumping duty and the definitive rate of duty, which is lower than the rate of the provisional duty, applies to the collection of the amounts secured by the latter .
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COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - PRODUCTION - NATIONAL LEGISLATION ON THE PRICE OF BOOKS - DIFFERENT TREATMENT OF RE-IMPORTED BOOKS - PERMISSIBILITY

( EEC TREATY, ART . 7 )

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL LEGISLATION ON THE PRICE OF BOOKS - DIFFERENT TREATMENT OF RE-IMPORTED BOOKS - PERMISSIBILITY

( EEC TREATY, ART . 30 )

Summary

NEITHER ARTICLE 7 NOR ARTICLE 30 OF THE EEC TREATY NOR THE PRINCIPLE OF NON-DISCRIMINATION APPLIES TO A DIFFERENCE OF TREATMENT UNDER LEGISLATION WHICH PROVIDES THAT THE RETAIL SELLING PRICE OF BOOKS IS TO BE FIXED BY THE PUBLISHER OR THE IMPORTER OF A BOOK, WHICH IS BINDING ON ALL RETAILERS AND ACCORDING TO WHICH THE PRICE OF BOOKS PUBLISHED AND PRINTED IN THE MEMBER STATE CONCERNED MAY BE FREELY DETERMINED WHERE THE BOOKS ARE RE-IMPORTED AFTER HAVING FIRST BEEN EXPORTED TO ANOTHER MEMBER STATE, WHEREAS THE PRICE IS FIXED BY THE PUBLISHER WHERE THE BOOKS HAVE NOT CROSSED A BORDER WITHIN THE COMMUNITY IN THE COURSE OF BEING MARKETED .
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ACTION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION INTRODUCING RESTRICTIONS REGARDING THE DESCRIPTION AND PRESENTATION OF WINES

( EEC TREATY, ART . 173, SECOND PARAGRAPH; COUNCIL REGULATION NO 3309/85 )

Summary

A REGULATION RELATING TO THE DESCRIPTION AND PRESENTATION OF SPARKLING WINES AND PROVIDING THAT REFERENCE TO THE PRODUCTION METHOD KNOWN AS "METHODE CHAMPENOISE" MAY ONLY BE USED, IF THE USAGE IS TRADITIONAL, FOR A LIMITED PERIOD IS A MEASURE OF GENERAL APPLICATION WHICH IS NOT OF INDIVIDUAL CONCERN, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, TO A PRODUCER OF SPARKLING WINES, EVEN IF THE PRODUCER HAS TRADITIONALLY USED THAT METHOD .
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ECSC - PRODUCTION - STEEL PRODUCTION QUOTA SYSTEM - SALE OF PLANT WITHIN THE COMMUNITY - APPLICABLE PROVISION - SCOPE - AUTOMATIC TRANSFER OF REFERENCE PRODUCTION AND QUANTITIES AND THE CORRESPONDING QUOTAS TO THE NEW OWNER - FINDING OF THE COMMISSION - LATER CHANGES OF OWNERSHIP - FORMER OWNERS NOT CONCERNED WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY

( ECSC TREATY, ART . 33, SECOND PARAGRAPH, AND ART . 58; COMMISSION DECISION NO 234/84/EEC, ARTS 9 ( 4 ) AND 15 ( 1 )*)

Summary

THE SALE OF STEEL-MAKING PLANT WITHIN THE COMMUNITY DOES NOT FALL WITHIN THE SCOPE OF ARTICLE 15 ( 1 ) OF DECISION NO 234/84/EEC, WHEREBY THE COMMISSION MAY AUTHORIZE EXCHANGES, SALES OR TRANSFERS OF THE REFERENCE PRODUCTION OR QUANTITIES CORRESPONDING TO THAT PLANT WHEN IT IS PERMANENTLY CLOSED, OR SOLD OR TRANSFERRED TO A NON-MEMBER COUNTRY . SALE WITHIN THE COMMUNITY IS COVERED BY PARAGRAPH 9 ( 4 ) OF THAT DECISION, WHICH PROVIDES THAT WHEN A STEEL-MAKING PLANT UNDERGOES A CHANGE OF OWNERSHIP THE NEW OWNER RECEIVES THE PLANT' S REFERENCE PRODUCTION AND QUANTITIES AND THE RELEVANT QUOTAS .

IT IS APPARENT FROM THE LATTER PROVISION THAT THE NEW OWNER AUTOMATICALLY ACQUIRES THE REFERENCE PRODUCTION AND QUANTITIES AND THAT THE FORMER OWNER AUTOMATICALLY LOSES THEM . IT IS IRRELEVANT WHETHER THE NEW OWNER IS A STEEL UNDERTAKING AND WHETHER IT MAKES USE OF THE PLANT OR PROCEEDS IMMEDIATELY TO DISMANTLE IT WHILST CONTINUING TO USE THE CORRESPONDING REFERENCE PRODUCTION AND QUANTITIES IN ORDER TO INCREASE ITS TOTAL PRODUCTION ON OTHER PLANT BELONGING TO IT . THE FORMER OWNER CANNOT RELY ON ANY SUBSEQUENT CHANGES OF OWNERSHIP TO CHALLENGE THE COMMISSION' S DECLARATION THAT PRODUCTION AND QUANTITIES HAVE BEEN TRANSFERRED SINCE SUCH SUBSEQUENT DEVELOPMENTS DO NOT CONCERN IT FOR THE PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 33 OF THE TREATY .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - REGULATIONS - PROCEDURE FOR DRAWING THEM UP - DISTINCTION BETWEEN BASIC REGULATIONS AND IMPLEMENTATION REGULATIONS - IMPLEMENTING REGULATIONS ADOPTED WITHOUT CONSULTATION OF THE EUROPEAN PARLIAMENT - CONSEQUENCES

( EEC TREATY, THIRD SUBPARAGRAPH OF ART . 43 ( 2 )*)

2 . FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - FISHING QUOTA SYSTEM - DISTRIBUTION BETWEEN THE MEMBER STATES OF THE VOLUME OF AVAILABLE CATCHES - REQUIREMENT OF RELATIVE STABILITY - APPLICATION - FIXED DISTRIBUTION FORMULA - COMPATIBILITY WITH THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY AND THE PROHIBITION OF DISCRIMINATION

( EEC TREATY, ARTS 7 AND 39; COUNCIL REGULATIONS NOS 170/83 AND 1/85 )

Summary

1 . THE COUNCIL CANNOT BE REQUIRED TO DRAW UP ALL THE DETAILS OF REGULATIONS CONCERNING THE COMMON AGRICULTURAL POLICY ACCORDING TO THE PROCEDURE LAID DOWN IN ARTICLE 43 OF THE TREATY . IT IS SUFFICIENT FOR THE PURPOSES OF THAT PROVISION THAT THE BASIC ELEMENTS OF THE MATTER TO BE DEALT WITH HAVE BEEN ADOPTED IN ACCORDANCE WITH THAT PROCEDURE; HOWEVER, THE PROVISIONS IMPLEMENTING THE BASIC REGULATIONS MAY BE ADOPTED BY THE COUNCIL ACCORDING TO A PROCEDURE DIFFERENT FROM THAT LAID DOWN IN ARTICLE 43 . NEVERTHELESS, AN IMPLEMENTING REGULATION ADOPTED WITHOUT CONSULTATION OF THE EUROPEAN PARLIAMENT MUST RESPECT THE BASIC ELEMENTS LAID DOWN IN THE BASIC REGULATION AFTER CONSULTATION OF THE EUROPEAN PARLIAMENT .

2 . THE REQUIREMENT, LAID DOWN IN ARTICLE 4 ( 1 ) OF REGULATION NO*170/83, OF RELATIVE STABILITY OF THE DISTRIBUTION BETWEEN THE MEMBER STATES OF THE VOLUME OF CATCHES AVAILABLE TO THE COMMUNITY IN THE CASE OF FISHING RESTRICTIONS MUST BE UNDERSTOOD AS MEANING THAT IN THAT DISTRIBUTION EACH MEMBER STATE IS TO RETAIN A FIXED PERCENTAGE .

REGULATION NO 1/85 SATISFIES THAT REQUIREMENT IN SO FAR AS THE PERCENTAGES OF CATCHES ALLOCATED UNDER THAT REGULATION ARE THE SAME AS THOSE PREVIOUSLY ALLOCATED UNDER REGULATIONS NOS 172/83, 3624/83 AND 320/84 .

MOREOVER, THE ALLOCATION SYSTEM ESTABLISHED BY REGULATION NO 1/85 IS COMPATIBLE WITH THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY BECAUSE IT CONTRIBUTES TO THE STABILIZATION OF THE MARKETS IN THE LONG TERM AND TO THE OPTIMUM UTILIZATION OF FISHERY RESOURCES, AND WITH THE PROHIBITION OF DISCRIMINATION SINCE IT REQUIRES THE FISHERMEN OF EACH MEMBER STATE TO MAKE AN EFFORT TO RESTRICT THEIR CATCHES TO LEVELS IN PROPORTION TO THE CATCHES THEY WERE TAKING BEFORE THE ENTRY INTO FORCE OF THE COMMUNITY SYSTEM FOR THE CONSERVATION OF FISHERY RESOURCES .