ddrg/super_eurlex huggingface dataset:
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CUSTOMS DUTIES ON EXPORTS AND CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - NATURE - RIGHTS OF INDIVIDUALS - PROTECTION OF SUCH RIGHTS BY NATIONAL COURTS

( EEC TREATY, ARTICLES 9 AND 16 )

Summary

ARTICLES 9 AND 16 OF THE EEC TREATY TAKEN TOGETHER INVOLVE, AT THE LATEST, AT THE END OF THE FIRST STAGE, WITH REGARD TO ALL CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ON EXPORTS, A CLEAR AND PRECISE PROHIBITION ON EXACTING THE SAID CHARGES, WHICH IS NOT SUBJECT TO ANY RESERVATION FOR THE STATES TO SUBJECT ITS IMPLEMENTATION TO A POSITIVE ACT OF NATIONAL LAW OR TO AN INTERVENTION BY THE INSTITUTIONS OF THE COMMUNITY .

THESE PROVISIONS WHICH LEND THEMSELVES, BY THEIR VERY NATURE TO PRODUCING DIRECT EFFECTS IN THE LEGAL RELATIONS BETWEEN MEMBER STATES AND THOSE SUBJECT TO THEIR JURISDICTION, HAVE CONFERRED ON INDIVIDUALS FROM THE END OF THE FIRST STAGE RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT AND WHICH MUST PREVAIL OVER CONFLICTING PROVISIONS OF NATIONAL LAW, EVEN IF THE MEMBER STATE HAS DELAYED IN REPEALING SUCH PROVISIONS .
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1 . REQUEST FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FRENCH LEGISLATION - LAW NO 65/555 OF 10 JULY 1965 - APPLICABILITY TO NATIONALS OF THE OTHER MEMBER STATES - CONDITIONS

( REGULATION NO 3, SECTION IV B OF ANNEX G )

Summary

1 . IN THE CONTEXT OF ARTICLE 177 THE COURT MAY NEITHER TAKE COGNIZANCE OF THE PARTICULAR FACTS OF THE CASE NOR RULE ON PROVISIONS OF INTERNAL LAW .

HOWEVER, IT MAY EXTRACT FROM THE QUESTIONS REFERRED THOSE ELEMENTS WHICH RELATE SOLELY TO THE INTERPRETATION OF COMMUNITY LAW .

2 . SECTION IV B OF ANNEX G TO REGULATION NO 3 MUST BE INTERPRETED AS MEANING THAT LAW NO 65/555 OF 10 JULY 1965, GRANTING TO FRENCH NATIONALS WHO ARE OR WERE ENGAGED IN OCCUPATIONS ABROAD THE OPTION OF JOINING A VOLUNTARY OLD-AGE INSURANCE SCHEME, APPLIES TO NATIONALS OF THE OTHER MEMBER STATES WHO, AT THE DATE OF THEIR APPLICATION, HAVE BEEN SUBJECT FOR AT LEAST TEN YEARS TO ONE OF THE FRENCH SCHEMES LISTED IN ARTICLE 2 ( 1 ) AND ( 2 ) OF REGULATION NO 3 .
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1 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - AUTHORITY OF EXPLANATORY NOTES AND CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

2 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CLASSIFICATION OF A PRODUCT UNDER TARIFF HEADING 21.07 - REGULATION NO 241/70 OF THE COMMISSION - LEGISLATIVE NATURE - NO RETROACTIVE EFFECT

3 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CLASSIFICATION OF A PRODUCT UNDER TARIFF HEADING 21.04 - CRITERIA - DISCRETION OF THE NATIONAL COURT

( REGULATION NO 950/68 OF THE COUNCIL )

4 . COMMON CUSTOMS TARIFF - ENTRY INTO FORCE - NO EFFCT ON THE BINDING CUSTOMS TARIFF NOTICES WITHIN THE MEANING OF ARTICLE 23 OF THE GERMAN ZOLLGESETZ

( REGULATION NO 950/68 OF THE COUNCIL, ARTICLE 1 )

Summary

1 . IN THE ABSENCE OF ANY RELEVANT COMMUNITY PROVISIONS, THE EXPLANATORY NOTES AND THE CLASSIFICATION OPINIONS PROVIDED FOR BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS, ARE AN AUTHORITATIVE SOURCE FOR THE PURPOSE OF THE INTERPRETATION OF THE HEADINGS TO THE COMMON CUSTOMS TARIFF .

2 . REGULATION ( EEC ) NO 241/70 ON THE CLASSIFICATION OF GOODS UNDER SUBHEADING 21/07 IS OF A LEGISLATIVE NATURE AND CANNOT HAVE RETROACTIVE EFFECT .

3 . THE CLASSIFICATION OF A PRODUCT UNDER HEADING 21.04 OF THE COMMON CUSTOMS TARIFF IS PRECLUDED IF THE USE OF BUTTER, BUTTEROIL OR FRACTIONATED DRY BUTTERFAT IN THE MANUFACTURE OF THE PRODUCT IMPAIRS ITS DIRECT SUITABILITY FOR IMPROVING THE FLAVOUR OF CERTAIN FOODS AND IT IS FOR THE COMPETENT NATIONAL COURT TO DECIDE WHETHER THIS IS THE CASE .

4 . THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF HAS NOT AFFECTED THE LEGAL EFFECTS OF THE " VERBINDLICHE ZOLLTARIFAUSKUENFTE " ( BINDING CUSTOMS TARIFF NOTICES ) WITHIN THE MEANING OF ARTICLE 23 OF THE GERMAN ZOLLGESETZ .
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1 . OFFICIALS - PROMOTION - CHANGE OF CATEGORY - CLASSIFICATION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLES 5 AND 46 )

2 . OFFICIALS - REMUNERATION - CONNEXION BETWEEN GRADE AND POST

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 62 )

3 . OFFICIALS - PROMOTION - CHANGE OF CATEGORY - LOSS OF SALARY - COMPENSATORY ALLOWANCE

( STAFF REGULATIONS OF THE EUROPEAN COMMUNITIES, ARTICLES 5, 44 AND 46 )

Summary

1 . ARTICLE 5 OF THE STAFF REGULATIONS, UNDER WHICH IN EACH CATEGORY OFFICIALS SHALL BE CLASSIFIED WITHOUT EXCEPTION IN CAREER BRACKETS COMPRISING ORDINARILY TWO GRADES LAYS DOWN A PRINCIPLE WHICH IS ONE OF THE GUIDING RULES OF THE STAFF REGULATIONS . IT IS THEREFORE NOT POSSIBLE TO APPLY THE RULES CONTAINED IN ARTICLE 46 SOLELY FOR DETERMINING STEP IN CASES OF PROMOTION BY ANALOGY IN ORDER TO DETERMINE THE GRADE IN CASES OF CHANGE OF CATEGORY .

2 . REMUNERATION IS DEPENDENT ON THE GRADE AND THE POST NOT THE CONVERSE .

3 . THE ADMINISTRATIVE AUTHORITY MAY SEEK TO RECONCILE THE GENERAL RULE THAT THE GRADE IN WHICH AN OFFICIAL IS PLACED FOLLOWING A CHANGE OF CATEGORY MAY NOT BE DETERMINED BY THE REMUNERATION WHICH HE RECEIVED PREVIOUSLY WITH THE LEGITIMATE INTEREST OF THE OFFICIAL THAT, SAVE IN EXCEPTIONAL CASES, HIS PROMOTION SHALL NOT ENTAIL LOSS OF SALARY . WHILE DEROGATION FROM ARTICLE 5 OF THE REGULATIONS IN THE EVENT OF CHANGE OF CATEGORY, SOLELY IN ORDER TO AVOID CAUSING FINANCIAL LOSS TO THE OFFICIAL CONCERNED IS NOT JUSTIFIED, THE ADMINISTRATION MAY NEVERTHELESS GRANT THAT OFFICIAL A PROVISIONAL COMPENSATORY ALLOWANCE AND MAY EVEN, IN CERTAIN CASES, GRANT TO HIM THE TWO-YEARLY INCREMENTS RELATING TO HIS FORMER GRADE .
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1 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - TREATMENT OF A PERSON AS A DEPENDENT CHILD - REJECTION OF REQUEST - SPECIAL REASONING NOT COMPULSORY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX VII, ARTICLE 2 ( 4 ))

2 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - TREATMENT OF A PERSON AS A DEPENDENT CHILD - DISCRETION OF THE ADMINISTRATION - FOUNDATION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX VII, ARTICLE 2 ( 4 ))

3 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - TREATMENT OF A PERSON AS A DEPENDENT CHILD - OBJECTIVE CRITERIA DETERMINED BY THE INSTITUTIONS - DISCRETION OF THE ADMINISTRATION - EXERCISE - COMPATIBILITY WITH EQUAL TREATMENT OF OFFICIALS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX VII, ARTICLE 2 ( 4 ))

Summary

1 . ARTICLE 2 ( 4 ) OF ANNEX VII TO THE STAFF REGULATIONS REQUIRES A SPECIAL STATEMENT OF REASONS TO BE GIVEN ONLY FOR A DECISION ALLOWING A REQUEST FOR A PERSON TO BE TREATED AS IF HE WERE A DEPENDENT CHILD .

IN THE EVENT OF REJECTION THE ADMINISTRATION IS NOT THEREFORE COMPELLED TO GIVE REASONS FOR ITS DECISION .

2 . THE WORDS USED IN ARTICLE 2 ( 4 ) OF ANNEX VII IT CLEAR THAT THOSE WHO DRAFTED THE REGULATIONS INTENDED TO LEAVE THE ADMINISTRATION SOME DISCRETION IN MAKING A FAIR APPRAISAL OF THE FACTS AND CIRCUMSTANCES ADDUCED, IN EACH CASE, IN SUPPORT OF A REQUEST FOR ASSIMILATION .

3 . ALTHOUGH, IN APPLYING ARTICLE 2 ( 4 ) OF ANNEX VII TO THE STAFF REGULATIONS, EACH INSTITUTION OF THE COMMUNITY CAN LAY DOWN IN ADVANCE AND IN GENERAL TERMS THE OBJECTIVE CRITERIA WHICH IT INTENDS TO OBSERVE, SUCH A STATEMENT CANNOT PREJUDGE THE EXERCISE, IN EACH INDIVIDUAL CASE, OF THE DISCRETION CONFERRED ON THE ADMINISTRATION BY THE STAFF REGULATIONS THEMSELVES .

THIS DISCRETION, WHICH IS ESSENTIAL FOR TAKING ACCOUNT OF THE MANIFOLD UNFORESEEABLE FACTS PECULIAR TO EACH CASE, IS NOT INCOMPATIBLE WITH THE GENERAL PRINCIPLE OF EQUAL TREATMENT FOR OFFICIALS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - FREE-AT-FRONTIER PRICE - CALCULATION

( REGULATION NO 89 OF THE COMMISSION, ARTICLES 2 AND 4 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - LEVY - RATES - FIXING - EFFECT OF EXCHANGE RATES - VARIATION - LIMITS - EXCEEDING SUCH LIMITS - EVIDENCE OF SERIOUS DISTURBANCE - ABSENCE

( REGULATION NO 67 OF THE COMMISSION )

Summary

1 . THE FREE-AT-FRONTIER PRICE MUST NOT BE CALCULATED ON THE BASIS OF THE COSTS ACTUALLY INCURRED BY AN EXPORTER IN A SPECIFIC TRANSACTION BUT MUST BE CALCULATED AT A FLAT RATE FROM THE COSTS WHICH ALL EXPORTERS MUST INEVITABLY INCUR UP TO THE FRONTIER .

2 . ANY VARIATION IN THE EXCHANGE RATES BEYOND THE LIMITS FIXED BY REGULATION NO 67 OF THE COMMISSION WITHIN WHICH NO REVIEW OF THE RATES OF THE LEVY WILL BE CARRIED OUT ARE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF A SERIOUS DISTURBANCE CAPABLE OF IMPAIRING THE EFFECTIVENESS OF THE MACHINERY OF THE COMMON ORGANIZATION OF THE MARKET OR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY WHICH JUSTIFIES THE APPLICATION BY THE COMMISSION OF ARTICLE 2 ( 2 ) OF REGULATION NO 129 OF THE COUNCIL .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - PROCESSED PRODUCTS - PROTECTIVE MEASURES - SERIOUS DISTURBANCE - CONCEPT

( REGULATION NO 1427/71 OF THE COUNCIL )

2 . ACTS OF AN INSTITUTION - LEGALITY - CRITERIA

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - PROCESSED PRODUCTS - PROTECTIVE MEASURES WITHIN THE MEANING OF REGULATIONS NOS 1427 AND 1428 - DURATION

( REGULATION NO 1428 OF THE COUNCIL ARTICLE 2 ( 2 ))

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - PROCESSED PRODUCTS - PROTECTIVE MEASURES WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 1428/71 AND ARTICLE 41 OF THE ASSOCIATION AGREEMENT WITH GREECE - ABSENCE OF PRIORITY

Summary

1 . THE CONCEPT OF " SERIOUS DISTURBANCE " OR " THREAT OF SERIOUS DISTURBANCE " IS TO BE CONSIDERED IN THE LIGHT OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY, ENUMERATED IN ARTICLE 39 OF THE TREATY .

THE COMMISSION IS THEREFORE JUSTIFIED IN TAKING INTO ACCOUNT NOT ONLY THE OBJECTIVE OF THE STABILIZATION OF THE MARKET, BUT ALSO THAT OF MAINTAINING A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY .

2 . THE LEGALITY OF A COMMUNITY ACT CANNOT THEREFORE BE HELD TO DEPEND ON RETROSPECTIVE CONSIDERATIONS AS TO ITS DEGREE OF EFFECTIVENESS .

IN THE CASE OF COMPLEX ECONOMIC MEASURES, INVOLVING A WIDE DISCRETION AS TO THEIR OPPORTUNENESS AND VERY FREQUENTLY, MOREOVER, A MARGIN OF UNCERTAINTY AS TO THEIR EFFECTS, IT IS SUFFICIENT THAT, AT THE MOMENT WHEN THEY ARE PROMULGATED, THEY SHOULD NOT APPEAR ON THE EVIDENCE TO BE UNLIKELY TO ACHIEVE THE INTENDED OBJECTIVE .

3 . IT IS NOT NECESSARY TO LAY DOWN IN ADVANCE THE DURATION OF PROTECTIVE MEASURES WITHIN THE MEANING OF REGULATIONS NOS 1427 AND 1428/71 . IT MAY BE APPROPRIATE, IN THE LIGHT OF THEIR INTENDED OBJECTIVE, TO MAINTAIN THEM FOR AN UNDEFINED PERIOD .

4 . NEITHER ARTICLE 2 ( 1 ) OF REGULATION NO 1428/71/EEC OF THE COUNCIL OF 2 JULY 1971, NOR ARTICLE 41 OF THE ASSOCIATION AGREEMENT WITH GREECE LAID DOWN AN ORDER OF PRIORITY BETWEEN THE PROTECTIVE MEASURES INDICATED THEREIN .

IT IS CONSONANT WITH THE OBJECTIVE WHICH THESE MEASURES ARE INTENDED TO ACHIEVE THAT THE AUTHORITY MAY SELECT, ACCORDING TO THE CIRCUMSTANCES, THAT WHICH IT DEEMS MOST APPROPRIATE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY LAW - IMPLEMENTATION BY THE MEMBER STATES - COMMUNICATION OF INFORMATION TO EACH OTHER - RULES GOVERNING LANGUAGES

( REGULATION NO 3, ARTICLE 45 )

Summary

ARTICLE 45 ( 4 ) OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( JO OF 16 . 12 . 1958, P . 561 ) DRAWS NO DISTINCTION ACCORDING TO THE NATURE, ADMINISTRATIVE OR JUDICIAL, OF THE INSTITUTIONS OR AUTHORITIES REQUIRED TO RECEIVE THE DOCUMENTS REFERRED TO IN THAT PROVISION .

THIS PROVISION REFERS TO ALL NATIONAL COURTS HAVING JURISDICTION IN SOCIAL SECURITY MATTERS .
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1 . OFFICIALS - RECOVERY OF UNDUE PAYMENT - IRREGULAR SITUATION - ACT OF THE PARTY CONCERNED - GOOD FAITH - ABSENCE

( STAFF REGULATIONS, ARTICLE 85 )

2 . OFFICIALS - RECOVERY OF UNDUE PAYMENT - NATURE NOT PATENT - REFUND NOT PAYABLE

( STAFF REGULATIONS, ARTICLE 85 )

Summary

1 . AN OFFICIAL WHO, THROUGH HAVING DELAYED GIVING NOTICE TO THE AUTHORITIES OF A CHANGE IN HIS DOMESTIC CIRCUMSTANCES, HAS PLACED HIMSELF IN AN IRREGULAR SITUATION, CANNOT RELY ON HIS GOOD FAITH TO BE RELEASED FROM THE OBLIGATION TO RETURN AN ALLOWANCE OVERPAID .

2 . WHEN VOUCHERS ISSUED TO AN OFFICIAL BY THE AUTHORITIES ARE NOT OF SUCH A NATURE TO PERMIT A PERSON USING NORMAL DILIGENCE TO KNOW THE NATURE OR THE GROUND OF A PAYMENT, ANY OVERPAYMENT CANNOT BE CONSIDERED AS PATENT; THEREFORE THE AUTHORITIES ARE NOT ENTITLED TO RECOVER FROM HIM THE SUMS OVERPAID .
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OFFICIALS - RECRUITMENT - EXAMINATION OF APPLICATIONS - DUTIES OF THE SELECTION BOARD

( STAFF REGULATIONS OF THE EUROPEAN COMMUNITIES, ANNEX III, ARTICLE 5 )

Summary

THE SELECTION BOARD HAS A DUTY TO GIVE SUFFICIENT REASONS FOR THE RESULTS OF THE MATCHING OF PAPER QUALIFICATIONS PRODUCED BY CANDIDATES WITH THE QUALIFICATIONS REQUIRED BY THE NOTICE OF COMPETITION .
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1 . MEMBER STATES OF THE EEC - OBLIGATIONS - FAILURE TO FULFIL - COMMISSION - FINDING - REASONED OPINION - DECISION - TERMINATION OF SUCH FAILURE - MEANS - MEASURES OF INTERNAL LAW - SPECIFICATION BY THE COMMISSION - ACTION - ADMISSIBILITY

( EEC TREATY, ARTICLE 169 AND 93 ( 2 ))

2 . MEMBER STATES OF THE EEC - AID GRANTED BY STATES OR THROUGH STATE RESOURCES - SYSTEMS OF AID EXISTING - REVIEW BY THE COMMISSION - COMMUNICATION TO PERSONS CONCERNED FOR THEIR COMMENTS - EFFECTS

( EEC TREATY, ARTICLE 93 ( 2 ))

3 . MEMBER STATES OF THE EEC - AID GRANTED BY STATES OR THROUGH STATE RESOURCES - SYSTEMS OF AID EXISTING - ABOLITION OR ALTERATION - COMMISSION - DECISION - ASPECTS OF AID INCOMPATIBLE WITH THE TREATY - INDISPENSABLE INDICATIONS FOR THE EFFICACY OF THE DECISION

( EEC TREATY, ARTICLE 93 ( 2 ))

Summary

1 . SINCE THE AIM OF THE TREATY IS TO ACHIEVE THE PRACTICAL ELIMINATION OF INFRINGEMENTS AND THE CONSEQUENCES THEREOF, PAST AND FUTURE, IT IS A MATTER FOR THE COMMUNITY AUTHORITIES CHARGED WITH ENSURING THAT THE REQUIREMENTS OF THE TREATY ARE OBSERVED, TO DETERMINE THE EXTENT TO WHICH THE OBLIGATION OF THE MEMBER STATE CONCERNED IS SPECIFIED IN REASONED OPINIONS OR DECISIONS DELIVERED UNDER ARTICLES 169 AND 93 ( 2 ) RESPECTIVELY AND IN APPLICATIONS ADDRESSED TO THE COURT . AN APPLICATION FROM THE COMMISSION, FOR A DECLARATION THAT IN OMITTING TO TAKE SPECIFIC MEASURES, A MEMBER STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY, IS ADMISSIBLE .

2 . THE COMMUNICATION PROVIDED FOR IN THE FIRST SENTENCE OF ARTICLE 93 ( 2 ) AIMS SOLELY TO OBTAIN FROM PERSONS CONCERNED ALL INFORMATION REQUIRED FOR THE GUIDANCE OF THE COMMISSION WITH REGARD TO ITS FUTURE ACTION AND DOES NOT AFFECT THE RIGHTS OF INDIVIDUALS WITH REGARD TO THE LEGAL PROVISIONS INSTITUTING OR EXTENDING AN AID GRANTED BY A STATE THROUGH STATE RESOURCES .

3 . BY CONTRAST WITH ARTICLE 93 ( 3 ) WHICH INVOLVES THE POWER OF THE COMMISSION TO TAKE IMMEDIATE INTERIM MEASURES, WHERE NECESSARY, DECISIONS TAKEN UNDER ARTICLE 93 ( 2 ) ONLY TAKE FULL EFFECT ON CONDITION THAT THE COMMISSION INDICATES TO THE MEMBER STATE CONCERNED THE ASPECTS OF THE AID REGARDED AS INCOMPATIBLE WITH THE TREATY AND THEREFORE SUBJECT TO ABOLITION OR ALTERATION .
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CUSTOMS DUTIES - CHARGES HAVING AN EFFECT EQUIVALENT TO - MEANING - PHYTO-SANITARY EXAMINATION - CHARGES - IMPOSITION - PROHIBITION

( EEC TREATY, ARTICLE 13 ( 2 ))

Summary

PECUNIARY CHARGES, WHATEVER THEIR AMOUNT, IMPOSED FOR REASONS OF PHYTO-SANITARY EXAMINATION OF PRODUCTS WHEN THEY CROSS THE FRONTIER, WHICH ARE DETERMINED ACCORDING TO CRITERIA OF THEIR OWN, WHICH CRITERIA ARE NOT COMPARABLE WITH THOSE FOR DETERMINING THE PECUNIARY CHARGES ATTACHING TO SIMILAR DOMESTIC PRODUCTS, ARE DEEMED CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .

THE ACTIVITY OF THE ADMINISTRATION OF THE STATE INTENDED TO MAINTAIN A PHYTO-SANITARY SYSTEM IMPOSED IN THE GENERAL INTEREST CANNOT BE REGARDED AS A SERVICE RENDERED TO THE IMPORTER SUCH AS TO JUSTIFY THE IMPOSITION OF A PECUNIARY CHARGE .
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AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - PROCESSED PRODUCTS - TAPIOCA - DENATURED FLOUR - LEVY - CALCULATION - TURNOVER EQUALIZATION TAX LEVIED ON IMPORT - COSTS OF EOSINATION - INCLUSION IN THE CALCULATION - PROHIBITION

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 14 ( 1 ) ( A ); REGULATION NO 55 OF THE COUNCIL, ARTICLE 7 )

Summary

THE PROVISIONS OF ARTICLE 14 ( 1 ) ( A ) ( B ) OF REGULATION NO 19 OF THE COUNCIL OF THE EEC OF 4 APRIL 1962 READ IN CONJUNCTION WITH THOSE OF ARTICLE 7 ( 2 ) OF REGULATION NO 55 OF THE COUNCIL OF THE EEC OF 30 JUNE 1962 ARE TO BE INTERPRETED AS MEANING THAT NEITHER THE AMOUNT OF THE TURNOVER EQUALIZATION TAX LEVIED ON IMPORT NOR THE COSTS OF EOSINATION ARE TO BE DEDUCTED FROM THE LEVY APPLICABLE TO " DENATURED TAPIOCA FLOUR ", UNDER COMMON CUSTOMS TARIFF HEADING NO 11.06 .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RULES - NATURE - LACUNA - NO POWER OF MEMBER STATES TO REMEDY IT - APPLICATION OF COMMUNITY LAW

( EEC TREATY, ARTICLE 40 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - PRODUCTION YEAR - EXPIRATION - EXCESSES - COMPUTATION OF THE PRODUCTION LEVY - REFERENCE PERIOD

( REGULATION NO 1009/67 OF THE COUNCIL, ARTICLE 27 ( 1 ); REGULATION NO 142/69 OF THE COMMISSION, ARTICLE 3 ( 1 ))

Summary

1 . THE RULES OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR FORM A COMPLETE SYSTEM IN THE SENSE THAT IT DOES NOT LEAVE THE MEMBER STATES THE POWER TO FILL A LACUNA BY RESORTING TO THEIR NATIONAL LAW .

IT IS THUS PROPER TO SEEK A SOLUTION IN THE LIGHT OF THE AIMS AND OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET, TAKING ACCOUNT OF CONSIDERATIONS OF A PRACTICAL AND ADMINISTRATIVE NATURE .

2 . SUGAR EXCESSES WHICH COME TO LIGHT AFTER THE EXPIRATION OF THE MARKETING YEAR IN WHICH THEY WERE PRODUCED MUST BE TREATED FOR THE PURPOSE OF PRODUCTION LEVY AS ARISING IN THE MARKETING YEAR IN WHICH THEY WERE ASCERTAINED, EVEN IF THEY HAVE BEEN PRODUCED BEFORE THE COMING INTO FORCE OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR .
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1 . NON-CONTRACTUAL LIABILITY - MISCONDUCT - COUNCIL - RESOLUTION - INFORMATION FOR COMMERCIAL OPERATORS - OMISSION

( EEC TREATY, ARTICLE 215, SECOND PARAGRAPH )

2 . NON-CONTRACTUAL LIABILITY - MISCONDUCT - DAMAGE - CHAIN OF CAUSATION

( EEC TREATY, ARTICLE 215, SECOND PARAGRAPH )

Summary

1 . WHEN IN A RESOLUTION PASSED TO INFORM AND GUIDE COMMERCIAL OPERATORS ON THE SUBJECT OF THE CONTENTS OF A FUTURE REGULATION THE COUNCIL OMITS TO MAKE RESERVATIONS ON THE POSSIBLE APPLICATION OF A PROVISION OF THE TREATIES, KNOWLEDGE OF WHICH IS IMPORTANT FOR ACTION BY THOSE CONCERNED, IT DISTORTS THE TASK OF INFORMING WHICH IT HAS ASSUMED AND MAKES ITSELF LIABLE .

2 . THE EXISTENCE OF A CHAIN OF CAUSATION BETWEEN THE CONDUCT OF THE ADMINISTRATION AND THE ALLEGED DAMAGE PRESUPPOSES THAT THIS CONDUCT IS SUCH AS TO CAUSE ERROR IN THE MIND OF A PRUDENT PERSON .
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1 . EUROPEAN COMMUNITIES - TREATY OF ACCESSION - INTERPRETATION - COMMUNITY TREATIES - INCOMPATIBLE MEASURES - VALIDATION - INADMISSIBILITY

2 . AGRICULTURE - AGRICULTURAL PRODUCTS - LIST - ADDITIONS - EEC REGULATION NO 7A/59 OF THE COUNCIL - BELATED PUBLICATION - VALIDITY

3 . AGRICULTURE - AGRICULTURAL PRODUCTS - PRODUCTS OF FIRST-STAGE PROCESSING - CONCEPT

( EEC TREATY, ARTICLE 38 ( 1 ))

4 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - CRITERIA

5 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - BRUSSELS CONVENTION ON NOMENCLATURE - EXPLANATORY NOTES - AUTHORITATIVE

6 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - ETHYL ALCOHOL UNDER TARIFF SUBHEADING NO 22.09-A - PRODUCTS UNDER SUBHEADING NO 22.09-C-V - DISTINCTION - CRITERIA

Summary

1 . NO PROVISION THE TREATY OF ACCESSION OR IN THE ACTS ACCOMPANYING IT CAN BE CONSTRUED AS VALIDATING MEASURES, WHATEVER THEIR FORM, WHICH ARE INCOMPATIBLE WITH THE TREATIES ESTABLISHING THE COMMUNITIES .

2 . THE VALIDITY OF EEC REGULATION NO 7A/59 OF THE COUNCIL IS NOT AFFECTED BY THE CIRCUMSTANCE THAT PUBLICATION IN THE OFFICIAL JOURNAL DID NOT TAKE PLACE UNTIL AFTER THE EXPIRY OF THE TIME LIMIT OF TWO YEARS FROM THE ENTRY INTO FORCE OF THE TREATY, SINCE THIS BELATEDNESS HAS NO SIGNIFICANCE SAVE AS TO THE DATE FROM WHICH THE REGULATION COULD BE APPLIED AND HAVE EFFECT .

3 . THE CONCEPT OF 'PRODUCTS OF FIRST-STAGE PROCESSING DIRECTLY RELATED' TO THE BASIC PRODUCTS, MUST BE INTERPRETED AS IMPLYING A CLEAR ECONOMIC INTERDEPENDENCE BETWEEN BASIC PRODUCTS AND PRODUCTS RESULTING FROM A PRODUCTIVE PROCESS, IRRESPECTIVE OF THE NUMBER OF OPERATIONS INVOLVED THEREIN .

PROCESSED PRODUCTS WHICH HAVE UNDERGONE A PRODUCTIVE PROCESS, THE COST OF WHICH IS SUCH THAT THE PRICE OF THE BASIC AGRICULTURAL RAW MATERIALS BECOMES A COMPLETELY MARGINAL COST, ARE THEREFORE EXCLUDED .

4 . IN THE INTERESTS OF LEGAL CERTAINTY AND THE SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES, IT IS THE CHARACTERISTICS AND THE OBJECTIVE PROPERTIES OF PRODUCTS WHICH, AS A GENERAL RULE, AFFORD THE DECISIVE CRITERION FOR THEIR CLASSIFICATION IN THE COMMON CUSTOMS TARIFF .

5 . IN THE ABSENCE OF COMMUNITY EXPLANATORY NOTES IN THIS FIELD, THE NOTES PROVIDED FOR BY THE BRUSSELS CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN THE CUSTOMS TARIFF AFFORD AN AUTHORITATIVE SOURCE FOR THE INTERPRETATION OF COMMON HEADINGS .

6 . ETHYL ALCOHOL, UNDER SUBHEADING NO 22.09-A OF THE COMMON CUSTOMS TARIFF, IS DISTINGUISHED FROM THE PRODUCTS UNDER SUBHEADING NO 22.09-C-V BY THE PRESENCE IN THOSE PRODUCTS OF FLAVOURING SUBSTANCES OR DISTINCTIVE PROPERTIES OF TASTE .
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1 . COMMUNITY LAW - LITERAL INTERPRETATION - UNSATISFACTORY RESULT - INTERPRETATION THAT IS REASONABLE AND APPROPRIATE TO THE PURPOSE

( EEC TREATY, ARTICLE 164 )

2 . OFFICIALS - FAMILY ALLOWANCES - PERSONS TREATED AS A DEPENDANT CHILD - PURPOSES - STAFF REGULATIONS, ANNEX VII, ARTICLE 2 ( 2 ) - STRICT INTERPRETATION - IMPLEMENTING PROVISIONS, ARTICLE 1 ( 4 ) - OBJECTIVE CRITERIA - EQUALITY OF TREATMENT - LEGALITY

1 . A PROVISION WHICH BY REASON OF THE DIVERGENCE BETWEEN THE VERSIONS IN DIFFERENT LANGUAGES DOES NOT LEND ITSELF TO A CLEAR AND UNIFORM INTERPRETATION MUST BE INTERPRETED BY REFERENCE TO ITS PURPOSE AND ITS GENERAL SCHEME .

2 . THE PROVISIONS UNDER WHICH AN OFFICIAL MAY CLAIM AN EXCEPTIONAL COMMUNITY BENEFIT - THE TREATMENT OF A PERSON AS A DEPENDENT CHILD - MUST BE INTERPRETED STRICTLY .

THE PERSON INVOLVED MUST IN SATISFYING HIS LEGAL OBLIGATIONS TO MAINTAIN, FIRST UTILIZE HIS NON-COMMUNITY RESOURCES; ACCORDINGLY THE WHOLE OF THESE RESOURCES MUST COUNT IN CALCULATING THE SUM ON THE BASIS OF WHICH THE OBLIGATION TO MAINTAIN IS MEASURED WHEN DETERMINING WHETHER IT AMOUNTS TO " HEAVY EXPENDITURE ".

THUS INTERPRETED, ARTICLE 1 ( 4 ) OF THE IMPLEMENTING PROVISION, AFFECTING ALL PERSONS FALLING WITHIN ITS AREA OF APPLICATION ON THE BASIS OF OBJECTIVE AND JUSTIFIED CRITERIA, IS NOT INCOMPATIBLE WITH THE GENERAL PRINCIPLE OF EQUAL TREATMENT OF OFFICIALS OR WITH OTHER GENERAL PRINCIPLES OF LAW .