ddrg/super_eurlex huggingface dataset:
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1 . TRANSPORT - PRINCIPLE OF NON-DISCRIMINATION - DIRECT APPLICABILITY

( ECSC TREATY, ARTICLE 70 )

2 . TRANSPORT - PRINCIPLE OF NON-DISCRIMINATION - CONCEPT OF COMPARABILITY

( ECSC TREATY, ARTICLE 70 )

3 . DISCRIMINATION - CONCEPT - EXISTENCE OF DAMAGE NOT PART OF THE CONCEPT - MERE INDICATION

4 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS - CRITERIA

( ECSC TREATY, ARTICLE 70 )

5 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS - ADVERSE EFFECT - ABSENCE - AUTHORIZATION NOT JUSTIFIED

( ECSC TREATY, ARTICLES 2, 3, 70 )

6 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS - EXCEPTIONAL NATURE - CIRCUMSTANCES JUSTIFYING APPROVAL

( ECSC TREATY, ARTICLE 70 )

7 . DECISIONS - STATEMENT OF REASONS

( ECSC TREATY, ARTICLE 15 )

Summary

1 . IT APPEARS DIRECTLY FROM ARTICLE 4 AND FROM THE CONTEXT OF ARTICLE 70 THAT THE FIRST PARAGRAPH OF THE LATTER PROVISION IMPOSES - BOTH ON THE STATES AND ON THE HIGH AUTHORITY - A SUBSTANTIVE AND BINDING RULE REQUIRING THE APPLICATION OF ITS PROVISIONS .

2 . THE CASE OF DISCRIMINATION COVERED BY THE FIRST PARAGRAPH OF ARTICLE 70 REFERS EXCLUSIVELY TO CONDITIONS OF TRANSPORT AND THEREFORE TO THE COMPARABILITY OF DIFFERENT ROUTES AND LOCATIONS FROM THE POINT OF VIEW OF TRANSPORT .

3 . DAMAGE CAUSED BY DISCRIMINATION MAY BE CONSIDERED AS A CONSEQUENCE BY WHICH THAT DISCRIMINATION MAY BE DETECTED . IT IS NOT HOWEVER IMPLIED BY DEFINITION IN THE CONCEPT OF DISCRIMINATION, THE MEANING OF THAT CONCEPT BEING PRIMARILY THAT UNEQUAL CONDITIONS ARE LAID DOWN FOR COMPARABLE CASES .

4 . SPECIAL RATES AND CONDITIONS WITHIN THE MEANING OF THE FOURTH PARAGRAPH OF ARTICLE 70 ARE NOT ONLY THOSE ADOPTED IN THE INTEREST OF UNDERTAKINGS, BUT ALSO THOSE WHICH ARE ADVANTAGEOUS TO THEM . THEREFORE EVEN REASONS FOR THE ADOPTION OF SPECIAL RATES AND CONDITIONS WHICH ARE ENTIRELY FOREIGN TO THE INTERESTS OF AN UNDERTAKING DERIVING AN ADVANTAGE CANNOT EXCLUDE OR RESTRICT THE APPLICATION OF THE ABOVEMENTIONED PROVISION .

5 . THE ADVERSE EFFECT ON THE PROFITABILITY OF AN UNDERTAKING OF THE LACK OF SPECIAL RATES AND CONDITIONS DOES NOT RENDER THOSE RATES AND CONDITIONS CONSONANT WITH THE PRINCIPLES OF THE TREATY AND THEREFORE DOES NOT, IN CASES WHERE THE FOURTH PARAGRAPH OF ARTICLE 70 APPLIES, PUT THE HIGH AUTHORITY UNDER AN OBLIGATION BASED ON ARTICLES 2 AND 3 .

6 . A PROTECTIVE RATE IS COMPATIBLE WITH THE TREATY ONLY IN EXCEPTIONAL CASES, NOTABLY WHERE THE UNDERTAKING RECEIVING ASSISTANCE IS EXPERIENCING DISADVANTAGES CREATED BY FACTORS OTHER THAN THOSE OF AN ECONOMIC NATURE; SUCH A RATE IS LEGITIMATE ONLY IN SO FAR AS IT IS NECESSARY IN ORDER TO ENABLE THE UNDERTAKING TO ADAPT ITSELF TO NEW CONDITIONS OR TO SURVIVE AN ACCIDENTAL DISADVANTAGE .

7 . IN GIVING REASONS FOR ITS DECISIONS, THE HIGH AUTHORITY MAY CONFINE ITSELF TO CONSIDERING THE CONCRETE CASES WHICH ARE SUBMITTED TO IT AND TO EXPLAINING ITS INTERPRETATION OF THE TREATY IN A POSITIVE MANNER . IN NO WAY IS IT REQUIRED TO REJECT OR TO CRITICIZE OTHER POSSIBLE INTERPRETATIONS, AND ITS FUNCTIONS DO NOT INCLUDE THE ELABORATION OF GENERAL THEORIES ON THE MATTERS COVERED BY THE TREATY .
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1 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION - PROCEEDINGS UNDER THE SECOND PARAGRAPH OF ARTICLE 88 OF THE ECSC TREATY - NO SUSPENSORY EFFECT ATTRIBUTED THERETO

2 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION RESULTING FROM A DECISION OF THE HIGH AUTHORITY - DUTY TO RECORD THE FAILURE

3 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION - PROCEEDINGS UNDER ARTICLES 33 AND 88 OF THE ECSC TREATY - PURPOSE OF PROCEEDINGS UNDER THOSE TWO ARTICLES

4 . OBJECTION OF ILLEGALITY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 36 OF THE ECSC TREATY - SCOPE LIMITED TO GENERAL DECISIONS AND RECOMMENDATIONS - INDIVIDUAL DECISIONS - EXPIRY OF LIMITATION PERIOD

5 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION - PERIOD SET FOR ENFORCEMENT - LENGTH OF THAT PERIOD

Summary

1 . PROCEEDINGS UNDER THE SECOND PARAGRAPH OF ARTICLE 88 DO NOT HAVE SUSPENSORY EFFECT .

2 . IF A MEMBER STATE, WITHOUT HAVING OBTAINED THE ANNULMENT OF A DECISION OF THE HIGH AUTHORITY, OR A SUSPENSION OF THE TIME LIMIT FOR THE EXECUTION OF THAT DECISION, DOES NOT COMPLY WITH THE SAME, IT IS THEREBY GUILTY, AS APPEARS FROM THE FIRST PARAGRAPH OF ARTICLE 86, OF A FAILURE TO FULFIL ITS OBLIGATIONS AND THE HIGH AUTHORITY IS REQUIRED TO RECORD SUCH FAILURE PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 88 .

3 . THE PURPOSE OF PROCEEDINGS FOR ANNULMENT UNDER ARTICLE 33 AGAINST DECISIONS ADOPTED BY THE HIGH AUTHORITY IN THE EXERCISE OF ITS POWERS IS TO OBTAIN A DECLARATION THAT A DECISION ADOPTED OTHERWISE THAN IN CASES WHERE ARTICLE 88 APPLIES IS ILLEGAL . THEREFORE SUCH PROCEEDINGS ARE TO BE DISTINGUISHED FROM PROCEEDINGS INSTITUTED UNDER ARTICLE 88, THE PURPOSE OF WHICH IS ONLY TO ESTABLISH THE EXISTENCE OF THE ALLEGED FAILURE ON THE PART OF THE MEMBER STATE TO FULFIL AN OBLIGATION .

4 . THE JUDGMENT OF THE COURT IN CASE 9/56 DID NOT INTERPRET THE THIRD PARAGRAPH OF ARTICLE 36 AS MEANING THAT APPLICANTS MAY CONTEST NOT ONLY THE LEGALITY OF GENERAL DECISIONS AND RECOMMENDATIONS, BUT ALSO THE LEGALITY OF DECISIONS AND RECOMMENDATIONS ADDRESSED TO THEM AND WHICH THEY ARE ALLEGED NOT TO HAVE OBSERVED . IT IS A FUNDAMENTAL PRINCIPLE OF LAW, CONFIRMED BY THE LAST PARAGRAPH OF ARTICLE 33, THAT THE LEGALITY OF INDIVIDUAL DECISIONS CAN NO LONGER BE CALLED IN QUESTION AFTER THE EXPIRY OF THE LIMITATION PERIOD .

5 . IT DOES NOT APPEAR FROM THE WORDING OF ARTICLE 88 THAT THE PERIOD SET FOR FULFILLING AN OBLIGATION MUST BE AT LEAST AS LONG AS THE PERIOD WITHIN WHICH PROCEEDINGS MUST BE INITIATED . IT IS CLEAR FROM THE THIRD PARAGRAPH OF THAT PROVISION THAT SUCH A RULE COULD NOT BE IN THE INTEREST OF THE MEMBER STATES .
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1 . OFFICIALS - DISCIPLINARY MEASURES - PROCEDURE TO BE FOLLOWED BY COMMUNITY ADMINISTRATIONS - PRELIMINARY DETERMINATION OF FACTS - NECESSITY

2 . APPEALS BY OFFICIALS - DISMISSAL ON DISCIPLINARY GROUNDS - ABSENCE OF PRELIMINARY NOTIFICATION - APPORTIONMENT OF COSTS - EXCEPTIONAL CIRCUMSTANCES

( RULES OF PROCEDURE, ARTICLES 69 ( 3 ), FIRST SUBPARAGRAPH, AND 70 )

Summary

1 . ACCORDING TO A GENERALLY ACCEPTED PRINCIPLE OF LAW IN FORCE IN THE MEMBER STATES OF THE EEC, COMMUNITY INSTITUTIONS MUST ALLOW THEIR SERVANTS THE OPPORTUNITY OF REPLYING TO ALLEGATIONS BEFORE ANY DISCIPLINARY MEASURE IS TAKEN CONCERNING THEM .

2 . A FAILURE OF THE ADMINISTRATION TO NOTIFY THE APPLICANT FORMALLY OF THE FACTS LEADING TO DISMISSAL WHICH, ALTHOUGH ACCOMPANIED BY NOTICE, IS BASED ON DISCIPLINARY GROUNDS, CONSTITUTES EXCEPTIONAL CIRCUMSTANCES IN WHICH COSTS MAY BE AWARDED ACCORDING TO ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE .
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1 . OFFICIALS - PROMOTION AND NOTICE OF VACANCY - EXISTENCE OF A LEGAL CONNEXION

( STAFF REGULATIONS, ARTICLES 27 AND 28 )

2 . OFFICIALS - RECRUITMENT - NATIONALITY AS A FACTOR IN SELECTION - PROHIBITION IN PRINCIPLE - ADMISSIBILITY IN CASES OF EQUIVALENT QUALIFICATIONS - CRITERION OF GEOGRAPHICAL BALANCE

( STAFF REGULATIONS, ARTICLES 7 AND 27 )

Summary

1 . PROMOTION, WHILST CONSTITUTING A PROCESS DISTINCT FROM THE NOTICE OF VACANCY, IS LEGALLY CONNECTED TO IT, SINCE THE CONDITIONS OF ELIGIBILITY FOR THE POST CONTAINED IN THE NOTICE ARE CAPABLE OF DETERMINING WHICH OFFICIALS ARE ELIGIBLE FOR PROMOTION . THEREFORE, THE LEGALITY OF THE NOTICE OF VACANCY MAY ALSO BE CONSIDERED IN RELATION TO ARTICLE 45 OF THE STAFF REGULATIONS .

2 . THE INTERESTS OF THE SERVICE AND REGARD FOR THE ELIGIBILITY OF OFFICIALS FOR THE CAREER BRACKET IN QUESTION WOULD BE COMPROMISED IF THE ADMINISTRATION, IN ORDER TO SECURE A GEOGRAPHICAL BALANCE, COULD RESERVE A POST FOR A SPECIFIC NATIONALITY WITHOUT SUCH ACTION'S BEING JUSTIFIED ON GROUNDS CONNECTED WITH THE PROPER FUNCTIONING OF THE SERVICE .

HOWEVER, IT IS NOT INCOMPATIBLE WITH THESE REQUIREMENTS OR WITH THE PROHIBITION OF DISCRIMINATION ON THE GROUNDS OF NATIONALITY THAT, WHERE THE QUALIFICATIONS OF THE VARIOUS CANDIDATES ARE APPROXIMATELY EQUAL, THE ADMINISTRATION SHOULD ALLOW NATIONALITY TO PLAY A DECISIVE ROLE WHEN IT IS NECESSARY TO MAINTAIN OR TO RE-ESTABLISH A GEOGRAPHICAL BALANCE AMONG ITS STAFF .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ADMINISTRATION MADE PARTY TO THE PROCEEDINGS - APPOINTING AUTHORITY - CAPACITY TO BE A PARTY TO LEGAL PROCEEDINGS

( EEC TREATY, ARTICLE 179; STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLES 90 AND 91 )

2 . OFFICIALS - STAFF REGULATIONS - INTERPRETATION BY THE COURT APPLICABLE TO ALL THE COMMUNITY INSTITUTIONS

( EEC TREATY, ARTICLE 212 )

3 . PROCEDURE - JUDGMENTS OF THE COURT - FORCE OF RES JUDICATA WITH REGARD TO THE DEFENDANT INSTITUTION - SAME FORCE WITH REGARD TO THE COMMUNITY

4 . OFFICIALS - INTEGRATION - GRADE IN WHICH ESTABLISHED

( EEC STAFF REGULATIONS, ARTICLE 102 ( 1 ))

5 . OFFICIALS - CORRESPONDENCE BETWEEN GRADE AND POST - MUST BE TAKEN INTO CONSIDERATION AFTER INTEGRATION

( EEC STAFF REGULATIONS, ARTICLE 102, ANNEX I )

Summary

1 . IT FOLLOWS FROM ARTICLE 179 OF THE EEC TREATY AND FROM ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS THAT THE APPOINTING AUTHORITY, WHICH EXERCISES IN FACT THE POWERS OF AN EMPLOYER WITH REGARD TO OFFICIALS, HAS THE CAPACITY TO BE A PARTY TO LEGAL PROCEEDINGS IN DISPUTES BETWEEN SERVANTS AND THE ADMINISTRATION .

2 . THE STAFF REGULATIONS OF OFFICIALS WERE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY ARTICLE 212 OF THE TREATY BY THE AUTHORITIES DESIGNATED FOR THE PURPOSE, AND THE INSTITUTIONS ARE BOUND BY THEIR PROVISIONS; THEREFORE THE COURT'S INTERPRETATION OF THE REGULATIONS APPLIES EQUALLY TO ALL THE INSTITUTIONS OF THE COMMUNITY .

3 . SINCE THE COMMUNITY IS A SINGLE ENTITY, IT IS INCONCEIVABLE THAT A JUDGMENT OF THE COURT WHICH HAS THE FORCE OF RES JUDICATA WITH REGARD TO AN INSTITUTION SHOULD NOT HAVE THE SAME FORCE WITH REGARD TO THE COMMUNITY AS A WHOLE .

4 . WITHIN THE MEANING OF ARTICLE 102 ( 1 ) OF THE STAFF REGULATIONS OF THE EEC, SERVANTS ARE TO BE ESTABLISHED UNDER THOSE REGULATIONS IN THE GRADE AND AT THE STEP IMPLIEDLY ACCORDED THEM BEFORE THE REGULATIONS ENTERED INTO FORCE, WITHOUT ITS BEING NECESSARY DURING THIS FIRST PHASE OF THE ESTABLISHMENT OF SERVANTS UNDER THE STAFF REGULATIONS TO TAKE INTO ACCOUNT POSSIBLE DIFFERENCES BETWEEN THIS GRADE AND THAT WHICH SHOULD CORRESPOND TO THE POST IN THE LIGHT OF THE DUTIES WHICH IT INVOLVES .

CF . SUMMARY IN JOINED CASES 20 AND 21/63, PARA . 1 .

5 . ANY SERVANT WHO, AFTER ESTABLISHMENT UNDER THE STAFF REGULATIONS, WAS MAINTAINED IN AN ALREADY EXISTING POST WHICH, IN THE LIGHT OF THE DUTIES WHICH IT INVOLVED, SHOULD CORRESPOND UNDER THE NEW STAFF REGULATIONS TO A HIGHER GRADE THAN THAT OBTAINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 102, IS ENTITLED TO HAVE HIS POSITION REGULARIZED ACCORDING TO THE PRINCIPLE DRAWN UP IN ANNEX I .

CF . SUMMARY IN JOINED CASES 20 AND 21/63, PARA . 2 .
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1 . OFFICIALS - RECRUITMENT - APPEAL AGAINST LATER STEPS IN THE RECRUITMENT PROCEDURE - POSSIBILITY OF CONTESTING THE LEGALITY OF EARLIER STEPS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITIONS INTERNAL TO THE INSTITUTION - PARTICIPATION OPEN TO ALL SERVANTS OF THE LATTER IN PARTICULAR AUXILIARY STAFF

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND THE EAEC, ARTICLES 27 AND 29 )

3 . OFFICIALS - RECRUITMENT - COMPETITION - DECISIONS CONCERNING IT - NO OBLIGATION TO STATE REASONS AS REGARDS UNSUCCESSFUL CANDIDATES

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND THE EAEC, ARTICLES 25 AND 29 )

4 . OFFICIALS - STAFF REGULATIONS - GENERAL PROVISIONS FOR GIVING EFFECT THERETO - DUTY TO ADOPT SUCH PROVISIONS - PROCEDURE RELATING TO COMPETITION

( EEC AND EAEC STAFF REGULATIONS, ARTICLES 110, 29, 30 AND ANNEX III )

Summary

1 . CF . SUMMARY, PARAGRAPH 1, JOINED CASES 12 AND 29/64 ( 1965 ) ECR 107 .

SINCE THE VARIOUS STEPS COMPRISING THE RECRUITMENT PROCEDURE FORM A SINGLE ENTITY, IT MUST BE ACCEPTED THAT IN AN ACTION CONTESTING LATER STEPS IN SUCH A PROCEDURE THE APPLICANT MAY CONTEST THE LEGALITY OF EARLIER STEPS WHICH ARE CLOSELY LINKED TO THEM . A SUBMISSION OF INADMISSIBILITY ON THE GROUND THAT AN APPEAL AGAINST THESE STEPS WAS OUT OF TIME IS THEREFORE INADMISSIBLE .

*/ 664J0012 /*.

2 . THE INSTITUTIONS ARE ENTITLED TO ADMIT TO SO-CALLED ' INTERNAL ' COMPETITIONS ANY PERSON WHO IS VALIDLY EMPLOYED BY THE INSTITUTION, IN WHATEVER CAPACITY, AT THE TIME WHEN THE COMPETITION IS INITIATED . IN PARTICULAR, THEY MAY ADMIT AUXILIARY STAFF .

3 . WHERE AN OFFICIAL IS RECRUITED AS THE RESULT OF A COMPETITION, THE ADMINISTRATION IS UNDER NO OBLIGATION TO STATE REASONS FOR ITS DECISION IN RESPECT OF UNSUCCESSFUL CANDIDATES .

4 . ( A ) THE EXPRESSION ' THE GENERAL PROVISIONS FOR GIVING EFFECT TO THESE STAFF REGULATIONS ' APPEARING IN ARTICLE 110 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND THE EAEC REFERS IN THE FIRST INSTANCE TO THE PROVISIONS WHICH EACH INSTITUTION IS OBLIGED TO MAKE IN EXECUTION OF CERTAIN MANDATORY PROVISIONS OF THE REGULATIONS, SUCH AS THE FIRST PARAGRAPH OF ARTICLE 2, AND THE SECOND SUBPARAGRAPH OF ARTICLE 5(4 ).

IN THE ABSENCE OF SUCH RULES THE OBLIGATION TO ADOPT ' GENERAL PROVISIONS FOR GIVING EFFECT ' TO THE STAFF REGULATIONS CAN BE RECOGNIZED ONLY IN THE CASES IN WHICH THE PROVISIONS OF THE REGULATIONS ARE NOT SUFFICIENTLY EXPLICIT BY THEMSELVES .

( B ) THE PROVISIONS OF THE STAFF REGULATIONS CONCERNING THE PROCEDURE FOR COMPETITIONS ARE SUFFICIENTLY CLEAR BY THEMSELVES .
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1 . PROCEDURE - APPLICATION FOR ANNULMENT - GENERAL DECISION OF THE HIGH AUTHORITY OF THE ECSC - APPLICANT UNDERTAKINGS - MISUSE OF POWERS - ALLEGATION - ADMISSIBILITY

( ECSC TREATY, ARTICLE 33 )

2 . MEASURES ADOPTED BY AN INSTITUTION - GENERAL DECISION OF THE HIGH AUTHORITY OF THE ECSC - CONCEPT

( ECSC TREATY, ARTICLE 33 )

3 . MEASURES ADOPTED BY AN INSTITUTION - GENERAL DECISION OF THE HIGH AUTHORITY OF THE ECSC - POSSIBILITY OF MISAPPLICATION - ABSENCE OF MISUSE OF POWERS AFFECTING AN UNDERTAKING

( ECSC TREATY, ARTICLE 33 )

Summary

1 . FOR AN APPLICATION BY AN UNDERTAKING AGAINST A GENERAL DECISION OF THE HIGH AUTHORITY TO BE ADMISSIBLE, THE UNDERTAKING IN QUESTION MUST CONVINCINGLY POINT TO FACTS AND CIRCUMSTANCES INDICATING THE PROBABILITY THAT IN THIS INSTANCE THE HIGH AUTHORITY, THROUGH WANT OF FORESIGHT OR SERIOUS LACK OF CARE AMOUNTING TO DISREGARD FOR THE PURPOSE OF THE LAW, HAS PURSUED OTHER OBJECTIVES THAN THOSE FOR WHICH THE POWERS PROVIDED BY THE TREATY WERE CONFERRED UPON IT .

CF . PARA . 2, SUMMARY, CASE 8/57, ( 1958 ) ECR 227 .

2 . A GENERAL DECISION IS ONE WHICH ESTABLISHES A LEGISLATIVE PRINCIPLE, LAYING DOWN CONDITIONS FOR ITS IMPLEMENTATION AND SETTING OUT THE LEGAL CONSEQUENCES RESULTING FROM THEM .

CF . PARA . 5, SUMMARY, CASE 13/57, ( 1958 ) ECR 265 .

3 . A GENERAL DECISION IS NOT VITIATED BY MISUSE OF POWERS AGAINST AN UNDERTAKING BY THE MERE CIRCUMSTANCES THAT THAT DECISION MIGHT BE DISCRIMINATORY OR INCOMPLETE, ABOVE ALL SINCE THE REMEDY AGAINST SUCH A POSSIBILITY LIES IN THE VIGILANCE OF THE PERSONS CONCERNED WHO, UNDER ARTICLE 33, ARE ENABLED TO CONTEST THE IMPLEMENTING MEASURES CONCERNING THEM ON ALL THE GROUNDS SET OUT IN THE SAID PROVISION .
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1 . MEASURES ADOPTED BY AN INSTITUTION - APPLICATIONS BY INDIVIDUALS - DECISION ADDRESSED TO ANOTHER PERSON - DECISION OF INDIVIDUAL CONCERN TO THEM - CONCEPT

( EEC TREATY, ARTICLE 173, SECOND PARAGRAPH )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF MARKETS - FRUIT AND VEGETABLE SECTOR - REFERENCE PRICE - CONCEPT - FIXING - NATURE - MEASURE OF GENERAL SCOPE

( REGULATION NO 23 OF THE COUNCIL OF THE EEC, ARTICLE 11(2 ); REGULATION NO 100 OF THE COMMISSION OF THE EEC )

Summary

1 . CF . PARA . 1, SUMMARY OF THE JUDGMENT IN CASE 1/64, ( 1964 ) ECR 413 .

PERSONS OTHER THAN THOSE TO WHOM A DECISION IS ADDRESSED MAY ONLY CLAIM TO BE INDIVIDUALLY CONCERNED IF THAT DECISION AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS AND BY VIRTUE OF THESE FACTORS DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

A DECISION OF GENERAL ECONOMIC SCOPE AND EFFECT WITHIN THE COMMON MARKET CANNOT BE OF INDIVIDUAL CONCERN TO AN UNDERTAKING, EVEN IF THE LATTER OCCUPIES A SPECIAL POSITION AS REGARDS THE RELEVANT PRODUCT IN THE MARKET OF ONE OF THE MEMBER STATES .

*/ 664J0001 /*.

2 . IT FOLLOWS FROM ARTICLE 11 OF REGULATION NO 23 OF THE COUNCIL OF THE EEC AND FROM REGULATION NO 100 OF THE COMMISSION OF THE EEC THAT THE REFERENCE PRICE IN THE FRUIT AND VEGETABLE SECTOR CONSTITUTES A GENERAL CRITERION ADOPTED IN THE PUBLIC INTEREST WITH A VIEW TO FACILITATING COMMERCIAL TRANSACTIONS AND TO STABILIZING PRICES ON THE MARKETS, AT THE SAME TIME LIMITING THE POWERS WHEREBY THE COMMISSION AND THE MEMBER STATES CAN DISCOURAGE THE IMPORTATION OF THE SAID PRODUCTS BY MEASURES FOR SAFEGUARDING THE COMMON AGRICULTURAL MARKET .

THE ANNUAL AND UNIFORM FIXING OF REFERENCE PRICES FORMS A BASIS FOR FREEDOM OF ACTION IN THE IMPORT BUSINESS AND IN BUSINESS GENERALLY . THEREFORE THE FIXING OF REFERENCE PRICES DOES NOT CONCERN THE APPLICANTS INDIVIDUALLY BUT IS DIRECTED TO A MULTIPLICITY OF CITIZENS OF THE COMMUNITY AS A WHOLE .
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1 . OFFICIALS - INTEGRATION UNDER THE STATE REGULATIONS - AIMS OF THE RELEVANT PROVISIONS

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLE 102 )

2 . OFFICIALS - CONTRACTUAL SERVANTS - APPLICATION OF THE STAFF REGULATIONS TO SUCH PERSONS - REVALUATION OF POST - AUTOMATIC TRANSFER OF THE STEP IN THE NEW GRADE - NOT PERMISSIBLE - APPLICATION BY ANALOGY OF THE PROVISIONS OF THE STAFF REGULATIONS RELATING TO THE PROMOTION OF OFFICIALS

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLE 102 )

Summary

1 . THE OBJECT OF ARTICLE 102 OF THE STAFF REGULATIONS IS TO ENSURE THAT CONTRACTUAL SERVANTS, WHO ARE INTEGRATED IN ACCORDANCE WITH THE SAID REGULATIONS, KEEP THE POSITION WHICH THEY PREVIOUSLY OCCUPIED, BY THE ALMOST AUTOMATIC TRANSFERENCE TO THE TABLE SET OUT IN ARTICLE 66 OF THE STAFF REGULATIONS OF THE GRADE AND STEP ' EXPRESSLY OR IMPLIEDLY ' ACCORDED THEM BEFORE THE STAFF REGULATIONS WERE APPLIED TO THEM .

2 . IF THE POST OF A CONTRACTUAL SERVANT ENGAGED DURING THE PERIOD BEFORE THE STAFF REGULATIONS ENTERED INTO FORCE HAS BEEN REVALUED BY THE REGULATIONS, THE STEP IN THE PREVIOUS GRADE OF THAT SERVANT, WHEN HE IS INTEGRATED, CANNOT AUTOMATICALLY BE TRANSFERRED TO HIS NEW GRADE . IN ORDER TO DETERMINE THE STEP IN THE NEW GRADE THE ADMINISTRATION MUST BE GUIDED BY THE PROVISIONS OF THE STAFF REGULATIONS RELATING TO THE PROMOTION OF OFFICIALS .
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POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - IMPORT LICENCES - CHARGES IMPOSED ON THE ISSUE OF SUCH LICENCES DO NOT CONSTITUTE TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE EEC TREATY

Summary

A CHARGE IMPOSED ON THE ISSUE OF AN IMPORT LICENCE WITHOUT WHICH IMPORTATION WOULD NOT BE POSSIBLE IS NOT GOVERNED BY ARTICLE 95 OF THE EEC TREATY, SINCE SUCH A CHARGE HAS THE SAME EFFECT UPON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .

CF . SUMMARY, PARA . 5, JOINED CASES 2 AND 3/62, ( 1962 ) ECR 818 .
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1 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY, ARTICLE 13 )

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - ELIMINATION - OBLIGATIONS OF MEMBER STATES - NATURE

( EEC TREATY, ARTICLE 13 )

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - ELIMINATION - TIME-TABLE - DETAILED RULES OF PROGRESSION - POWERS OF THE COMMISSION

( EEC TREATY, ARTICLES 13 AND 14 )

4 . EUROPEAN ECONOMIC COMMUNITY - LEGAL SYSTEM OF THE COMMUNITY - COMMUNITY INSTITUTION - FAILURE TO FULFIL ITS OBLIGATIONS - MEMBER STATE - RETALIATORY MEASURES - PROHIBITION

Summary

1 . THE OBJECT OF THE PROVISIONS OF ARTICLE 13 IN THEIR ENTIRETY IS TO PROHIBIT ALL MEASURES BY MEMBER STATES TAKEN BY A UNILATERAL DECISION AND NOT UNDER COMMUNITY PROCEDURES, WHICH, WHATEVER THEY ARE CALLED AND BY WHATEVER MEANS THEY HAVE BEEN INTRODUCED, HAVE, AT THE TIME OF IMPORTATION, THE SAME DISCRIMINATING AND PROTECTIVE EFFECTS AS CUSTOMS DUTIES .

CF . PARA . 4, SUMMARY, JOINED CASES 2 AND 3/62, ( 1962 ) ECR 425 .

2 . SINCE ARTICLE 13 IS A FUNDAMENTAL PROVISION FOR ESTABLISHING THE FREE MOVEMENT OF GOODS, IT LAYS DOWN AN ESSENTIAL LEGAL PRINCIPLE AND CONSEQUENTLY THE ONLY POSSIBLE EXCEPTIONS ARE THOSE WHICH ON A STRICT CONSTRUCTION OF THE ARTICLE CAN CLEARLY BE ALLOWED .

CF . PARA . 4, SUMMARY, JOINED CASES 2 AND 3/62 ( 1962 ) ECR 425 .

3 . THE OBLIGATION PLACED UPON THE COMMISSION TO ABOLISH CHARGES HAVING EQUIVALENT EFFECT IN ACCORDANCE WITH A PARTICULAR TIMETABLE DOES NOT PRECLUDE IT FROM DETERMINING ITSELF THE PROCEDURE FOR SUCH PROGRESSIVE ABOLITION .

4 . ANY POSSIBLE FAILURE BY A COMMUNITY INSTITUTION TO FULFIL ITS OBLIGATIONS TOWARDS OTHER MEMBER STATES CANNOT EXEMPT ONE OF THEM FROM PERFORMING THE OBLIGATIONS WHICH ARE LEGITIMATELY PLACED UPON IT BY MEASURES TAKEN IN APPLICATION OF THE TREATY .

CF . PARA . 1, SUMMARY, JOINED CASES 90 AND 91/63, ( 1964 ) ECR 1221 .
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1 . OFFICIALS - APPEALS - EXPIRY OF TIME-LIMIT - REQUEST OR COMPLAINT WITHIN THE MEANING OF ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS - BAR TO RIGHT OF ACTION

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLE 91 )

2 . OFFICIALS - APPEAL AGAINST A MEASURE CONFIRMING AN EARLIER DECISION - EXPIRY OF PERIOD FOR LODGING APPEAL AGAINST THAT DECISION - LOSS OF RIGHT TO APPEAL

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLE 91 )

3 . PROCEDURE - JUDGMENT GRANTING ANNULMENT - LEGAL EFFECTS - LIMITED TO THE PARTIES AND TO THE PERSONS DIRECTLY CONCERNED BY THE MEASURE ANNULLED - JUDGMENT CONSTITUTING A NEW FACTOR - CONCEPT

Summary

1 . CF . PARAGRAPH 1, SUMMARY IN CASE 52/64 ( 1965 ) ECR 981 .

A REQUEST OR COMPLAINT THROUGH OFFICIAL CHANNELS WHICH IS NOT MADE WITHIN THE PERIOD ALLOWED FOR FILING APPEALS TO THE COURT CANNOT, UPON THE EXPIRY OF THIS PERIOD, ESCAPE BEING TIME-BARRED .

*/ 664J0052 /*.

2 . CF . PARAGRAPH 2 OF SUMMARY IN CASE 55/64, ( 1965 ) ECR 837 .

A MEASURE WHICH MERELY CONFIRMS A PREVIOUS DECISION CANNOT REVIVE AN ALREADY TIME-BARRED RIGHT OF APPEAL AGAINST THAT DECISION .

*/ 664J0055 /*.

3 . CF . PARAGRAPH 4, SUMMARY, IN CASE 43/64, ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

*/ 664J0043 /*.
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1 . MEASURES ADOPTED BY AN INSTITUTION - DEFINITIVE NATURE - CRITERIA

2 . PROCEDURE - JUDGMENT GRANTING ANNULMENT - LEGAL EFFECTS - LIMITED TO THE PARTIES AND TO THE PERSONS DIRECTLY CONCERNED BY THE MEASURE ANNULLED - JUDGMENT CONSTITUTING A NEW FACTOR - CONCEPT

3 . MEASURES ADOPTED BY AN INSTITUTION - ANNULMENT DEPENDENT ON A NEW FACTOR - CRITERIA - PRINCIPLE OF LEGAL CERTAINTY TO BE TAKEN INTO CONSIDERATION

Summary

1 . A MEASURE CONTAINING A SPECIFIC DECISION MADE WITHOUT ANY RESERVATIONS MUST BE REGARDED AS FINAL IN THE ABSENCE OF MATERIAL FACTORS CLEARLY AND CONSISTENTLY INDICATING THE CONTRARY .

2 . CF . PARA . 4, SUMMARY, CASE 43/64, ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

*/ 664J0043 /*.

3 . PROTECTION OF THE CERTAINTY OF LEGAL POSITIONS AND RELATIONSHIPS IMPLIES THAT THE EXISTENCE OF DECISIONS OF COMMUNITY AUTHORITIES GOVERNING SUCH POSITIONS AND RELATIONSHIPS CANNOT FOR EVER BE CALLED IN QUESTION .