ddrg/super_eurlex huggingface dataset:
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1 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - UNIFORM SCOPE IN THE COMMON MARKET - INTERPRETATION - RESPECT FOR COMMUNITY JURISDICTION - PROHIBITION AGAINST THE ISSUE BY MEMBER STATES OF BINDING RULES OF INTERPRETATION

( REGULATION NO 950/68 OF THE COUNCIL )

2 . 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

Summary

1 . SINCE THE INDIVIDUAL TARIFF HEADINGS MUST HAVE THE SAME SCOPE IN ALL MEMBER STATES, THEIR INTERPRETATION CAN ONLY BE FIXED IF THE POWERS VESTED IN THE COMMUNITY ARE RESPECTED . CONSEQUENTLY, EVEN IN THE ABSENCE OF AN EXPRESS COMMUNITY INTERPRETATION, THE EFFECT OF A BINDING INTERPRETATION CANNOT BE ATTRIBUTED TO THE EXPLANATORY NOTES OF THE NATIONAL AUTHORITIES RELATING TO THE HEADINGS OF THE COMMON CUSTOMS TARIFF .

2 . IN THE ABSENCE OF RELEVANT COMMUNITY PROVISIONS, THE EXPLANATORY NOTES AND THE CLASSIFICATIONS OPINIONS PROVIDED FOR BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS ARE AN AUTHORITATIVE SOURCE FOR THE PURPOSES OF THE INTERPRETATION OF THE HEADINGS TO THE COMMON CUSTOMS TARIFF .
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1 . POLICY OF THE EEC - RULES ON COMPETITION - RESTRICTIVE AGREEMENTS - STANDARD CONTRACT - NOTIFICATION - APPLICATION EXTENDED TO CONTRACTS IN IDENTICAL TERMS

( REGULATION NO 17 OF THE COUNCIL, ARTICLE 5 )

2 . POLICY OF THE EEC - RULES ON COMPETITION - RESTRICTIVE AGREEMENTS - STANDARD CONTRACT CONCLUDED BEFORE THE ENTRY INTO FORCE OF REGULATION NO 17 AND DULY NOTIFIED - AGREEMENTS IN IDENTICAL TERMS - PROVISIONAL VALIDITY

( REGULATION NO 17 OF THE COUNCIL, ARTICLE 5 )

3 . POLICY OF THE EEC - RULES ON COMPETITION - RESTRICTIVE AGREEMENTS - AGREEMENT CONCLUDED BEFORE THE ENTRY INTO FORCE OF REGULATION NO 17 AND DULY NOTIFIED - PROVISIONAL VALIDITY NOT AFFECTED BY A CLAUSE IMPOSED ON RETAILERS PROHIBITING EXPORTS

( REGULATION NO 17 OF THE COUNCIL, ARTICLE 5 )

4 . POLICY OF THE EEC - RULES ON COMPETITION - AGREEMENT CONCLUDED BETWEEN TWO UNDERTAKINGS BEFORE THE ENTRY INTO FORCE OF REGULATION NO 17 - NOTIFICATION AS A STANDARD CONTRACT WITHIN THE MEANING OF SECTION II OF FORM B ANNEXED TO REGULATION NO 27/62 - DESIGNATION AS AGREEMENT BETWEEN TWO UNDERTAKINGS NOT AFFECTED BY INCLUSION IN A SYSTEM OF PARALLEL CONTRACTS

( REGULATION NO 17 OF THE COUNCIL, ARTICLE 5 )

Summary

1 . NOTIFICATION OF A STANDARD CONTRACT IS SUFFICIENT FOR THE PURPOSES OF NOTIFICATION IN THE CASE OF CONTRACTS IN IDENTICAL TERMS CONCLUDED BY ONE AND THE SAME UNDERTAKING AND THE LATTER ARE, ACCORDINGLY, ENTITLED TO ENJOY THE ADVANTAGES ARISING FROM NOTIFICATION .

2 . AGREEMENTS REFERRED TO IN ARTICLE 85 ( 1 ) OF THE TREATY, CONCLUDED AFTER ENTRY INTO FORCE OF REGULATION NO 17/62, WHICH ARE EXACT REPRODUCTIONS OF A STANDARD CONTRACT PREVIOUSLY CONCLUDED AND DULY NOTIFIED QUALIFY FOR THE SAME SYSTEM OF PROVISIONAL VALIDITY AS THE LATTER .

3 . A CLAUSE PROHIBITING EXPORTS, IMPOSED ON RETAILERS WHO ARE ALREADY PROHIBITED FROM SELLING TO PERSONS OTHER THAN DIRECT CONSUMERS, IS NOT CAPABLE OF AFFECTING THE FULL EFFECT OF THE PROVISIONAL VALIDITY OF AN AGREEMENT REGARDED AS HAVING BEEN DULY NOTIFIED .

4 . FOR THE PURPOSES OF ARTICLE 5 OF REGULATION NO 17/62, AS AMENDED BY ARTICLE 1 OF REGULATION NO 59/62, CONTRACTS WHICH EXISTED WHEN REGULATION NO 17/62 ENTERED INTO FORCE, WERE CONCLUDED BETWEEN TWO UNDERTAKINGS AND WERE NOTIFIED AS STANDARD CONTRACTS WITHIN THE MEANING OF SECTION II OF FORM B ANNEXED TO REGULATION NO 27/62 MUST BE TREATED AS AGREEMENTS TO WHICH NOT MORE THAN TWO UNDERTAKINGS ARE PARTIES, EVEN IF THEY FORM PART OF A SYSTEM OF PARALLEL CONTRACTS .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF THE MARKETS - LEVY - CONCEPT - STANDARD CHARGE

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF THE MARKETS - LEVY - APPLICATION TO DAMAGED PRODUCTS

Summary

1 . LEVIES ARE DERIVED FROM THE TREATY AND NOT FROM NATIONAL LAW AND ARE SIMULTANEOUSLY APPLICABLE IN ALL THE MEMBER STATES; THEY ACT AS REGULATORS OF THE MARKET WITHIN THE FRAMEWORK OF A COMMON ORGANIZATION AND ARE CALCULATED ON THE BASIS OF WEIGHTED VALUES AND HAVING REGARD TO STANDARD QUALITIES; THEY ARE THEREFORE STANDARD CHARGES WHICH DO NOT TAKE ACCOUNT OF THE INDIVIDUAL CHARACTERISTICS OF THE PRODUCTS IMPORTED . PRODUCTS OF LOWER QUALITY THAN THE STANDARD QUALITY ARE THEREFORE SUBJECT TO THE GENERAL LEVY IN THE SAME WAY AS PRODUCTS OF HIGHER QUALITY .

2 . PRODUCTS WHICH HAVE SUFFERED DAMAGE BEFORE BEING IMPORTED AND WHICH HAVE THEREFORE LOST SOME VALUE MAY IN SPITE OF THIS LOSS IN VALUE AFFECT THE AGRICULTURAL MARKET IN THE SAME WAY AS OTHER PRODUCTS WHICH WERE OF A LOWER QUALITY THAN THE STANDARD QUALITY FROM THE START AND WHICH ARE HOWEVER SUBJECT TO THE GENERAL LEVY . THE REASONS WHY THE CONDITION OF IMPAIRED GOODS IS BELOW THE STANDARD QUALITY DO NOT AFFECT THE GROUNDS WHICH JUSTIFY THE APPLICATION OF THE GENERAL LEVY TO THEM .
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OFFICIALS - APPLICATIONS - CLEAR INADMISSIBILITY - COSTS WHICH ONE PARTY UNREASONABLY CAUSES THE OTHER TO INCUR - ARTICLE 70 OF THE RULES OF PROCEDURE - INAPPLICABILITY

( RULES OF PROCEDURE, ARTICLES 69 AND 70 )

Summary

WHERE AN APPLICATION MADE BY AN OFFICIAL IS CLEARLY INADMISSIBLE THE PREFERENTIAL PROVISIONS OF ARTICLE 70 OF THE RULES OF PROCEDURE CANNOT APPLY .
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1 . OFFICIALS - ACCIDENT INSURANCE - RISK COVERED

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 73 )

2 . OFFICIALS - ACCIDENT INSURANCE - CAUSE OF THE ACCIDENT - MENTAL DERANGEMENT - RISKS COVERED - RESTRICTION TO ACCIDENTS AT WORK

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 73 )

3 . OFFICIALS - COSTS - ACTION CAUSED BY LEGAL UNCERTAINTY - BE BORNE BY THE INSTITUTION

Summary

1 . INVOLUNTARY SELF-DESTRUCTION IS INCLUDED IN THE RISKS COVERED BY ACCIDENT INSURANCE; ONLY INTENTIONAL SUICIDE IS EXCLUDED .

2 . THE INSURANCE COVERS THE RISK OF ACCIDENT AT WORK WHICH IS CAUSED BY THE INSURED OFFICIAL' S MENTAL DERANGEMENT .

3 . IN VIEW OF THE FACT THAT THE ACTION WAS CAUSED BY THE LEGAL UNCERTAINTY ARISING FROM THE CONTINUED ABSENCE OF THE IMPLEMENTING RULES UNDER ARTICLES 73 OF THE STAFF REGULATIONS IT APPEARS EQUITABLE TO APPLY ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE AND TO ORDER THE DEFENDANT TO BEAR ALL THE COSTS .
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1 . PROCEDURE - QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . COMPETITION - UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE EEC TREATY - APPLICATION OF THAT PROVISION - NO RIGHTS CONFERRED ON INDIVIDUALS IF ARTICLE 90 ( 3 ) NOT APPLIED

Summary

1 . IN APPLYING ARTICLE 177 OF THE TREATY THE COURT IS NOT COMPETENT TO DECIDE QUESTIONS OF COMPATIBILITY OF A PROVISION OF NATIONAL LAW WITH COMMUNITY LAW . IT CAN, HOWEVER, INFER FROM THE WORDING OF THE QUESTIONS FORMULATED BY THE NATIONAL COURT, IN THE LIGHT OF THE FACTS AS FOUND BY THE LATTER, THE MATTERS INVOLVING INTERPRETATION OF THE TREATY .

2 . AN UNDERTAKING WHICH ENJOYS CERTAIN PRIVILEGES FOR THE ACCOMPLISHMENT OF TASKS ENTRUSTED TO IT BY LAW, MAINTAINING FOR THIS PURPOSE CLOSE LINKS WITH THE PUBLIC AUTHORITIES, AND WHICH IS RESPONSIBLE FOR ENSURING THE NAVIGABILITY OF THE STATE' S MOST IMPORTANT WATERWAY, MAY FALL UNDER ARTICLE 90 ( 2 ) OF THE EEC TREATY .

THE APPLICATION OF ARTICLE 90 ( 2 ) INVOLVES AN APPRAISAL OF THE REQUIREMENTS, ON THE ONE HAND, OF THE PARTICULAR TASK ENTRUSTED TO THE UNDERTAKING CONCERNED AND, ON THE OTHER HAND, THE PROTECTION OF THE INTERESTS OF THE COMMUNITY . THIS APPRAISAL DEPENDS ON THE OBJECTIVES OF GENERAL ECONOMIC POLICY PURSUED BY THE STATES UNDER THE SUPERVISION OF THE COMMISSION . CONSEQUENTLY, AND WITHOUT PREJUDICE TO THE EXERCISE BY THE COMMISSION OF THE POWERS CONFERRED BY ARTICLE 90 ( 3 ), ARTICLE 90 ( 2 ) CANNOT CREATE INDIVIDUAL RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .
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1 . MEASURES ADOPTED BY INSTITUTIONS - REGULATIONS - IMMEDIATE EFFECTS - INDIVIDUAL RIGHTS - PROTECTION BY NATIONAL COURTS

( EEC TREATY, ARTICLE 189 )

2 . MEASURES ADOPTED BY INSTITUTIONS - REGULATIONS - EFFECTS - LEGISLATIVE MEASURES INCOMPATIBLE WITH REGULATIONS - NOT PERMISSIBLE

( EEC TREATY, ARTICLE 189 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - IMPORTS - CHARGE HAVING EQUIVALENT EFFECT - CONCEPT - MEANING

( REGULATION NO 14/64 OF THE COUNCIL, ARTICLE 12(1 ) AND ( 2 ); REGULATION NO 805/68 OF THE COUNCIL, ARTICLE 20(2 ))

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL-CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT - ABOLITION - ENTRY INTO FORCE

( REGULATION NO 14/64 OF THE COUNCIL, ARTICLE 12(1 ) AND ( 2 ); REGULATION NO 805/68 OF THE COUNCIL, ARTICLE 20(2 ), ARTICLE 22 ( 1 )).

Summary

1 . OWING TO THEIR VERY NATURE AND FUNCTION IN THE SYSTEM OF SOURCES OF COMMUNITY LAW, ALL REGULATIONS PRODUCE DIRECT EFFECTS AND, AS SUCH, ARE CAPABLE OF CONFERRING RIGHTS ON INDIVIDUALS WHICH NATIONAL COURTS HAVE A DUTY TO PROTECT .

2 . THE EFFECT OF REGULATIONS SUCH AS THOSE PROVIDED FOR UNDER ARTICLE 189 PRECLUDES THE APPLICATION OF ANY LEGISLATIVE MEASURE, EVEN A SUBSEQUENT ONE, WHICH IS INCOMPATIBLE WITH THEIR PROVISIONS .

3 . THE CONCEPT OF " CHARGE HAVING EQUIVALENT EFFECT " HAS, IN ARTICLES 12 ( 1 ) AND ( 2 ) OF REGULATION NO 14/64/EEC, THE SAME MEANING AS IN ARTICLE 9 ET SEQ . OF THE TREATY AND IN THE OTHER REGULATIONS ON THE ORGANIZATION OF THE AGRICULTURAL MARKET .

4 . THE PROVISIONS OF ARTICLE 12 ( 1 ) AND ( 2 ) OF REGULATION NO 14/64/EEC TOOK EFFECT FROM 1 NOVEMBER 1964 . THE PROVISIONS OF ARTICLES 20 ( 2 ) AND 22 ( 1 ) OF REGULATION ( EEC ) NO 805/68 TOOK EFFECT FROM 29 JULY 1968 .
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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . MEASURES ADOPTED BY AN INSTITUTION - REGULATIONS - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY NATIONAL COURTS

( EEC TREATY, ARTICLE 189 )

3 . MEASURES ADOPTED BY AN INSTITUTION - REGULATIONS - EFFECTS - LEGISLATIVE MEASURES INCOMPATIBLE WITH PROVISIONS OF REGULATIONS - NOT PERMITTED

( EEC TREATY, ARTICLE 189 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - IMPORTATION - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - SCOPE

( REGULATION NO 20 OF THE COUNCIL, ARTICLES 14 AND 18 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT - ABOLITION - ENTRY INTO FORCE

( REGULATION NO 20 OF THE COUNCIL, ARTICLES 14 AND 18; REGULATION NO 121/67 OF THE COUNCIL, ARTICLES 17 AND 19 )

Summary

1 . ARTICLE 177 OF THE TREATY DOES NOT ENTITLE THE COURT TO ASSESS THE IMMEDIACY OF THE RELEVANCE OF THE QUESTIONS REFERRED WITH REGARD TO THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT, EVEN WHERE THE DOMESTIC LAW WITH WHICH THE CASE IS CONCERNED HAS BEEN MODIFIED .

2 . BY REASON OF THEIR NATURE AND THEIR FUNCTION IN THE SYSTEM OF THE SOURCES OF COMMUNITY LAW, ALL REGULATIONS HAVE DIRECT EFFECT AND ARE, AS SUCH, CAPABLE OF CREATING INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .

3 . THE EFFECT OF A REGULATION, AS PROVIDED FOR IN ARTICLE 189, IS TO PREVENT THE IMPLEMENTATION OF ANY LEGISLATIVE MEASURE, EVEN IF IT IS ENACTED SUBSEQUENTLY, WHICH IS INCOMPATIBLE WITH ITS PROVISIONS .

4 . THE CONCEPT OF A " CHARGE HAVING EQUIVALENT EFFECT ", AS EMPLOYED IN ARTICLE 14 ( 1 ) AND 18 ( 1 ) OF REGULATION NO 20 WHICH PROHIBIT THE LEVYING OF SUCH CHARGES ON IMPORTS OF PIGMEAT FROM MEMBER STATES AND THIRD COUNTRIES, IS EQUIVALENT TO THE SAME EXPRESSION EMPLOYED IN ARTICLE 9 ET SEQ . OF THE TREATY AND IN OTHER REGULATIONS ON THE ORGANIZATION OF AGRICULTURAL MARKETS .

5 . THE PROVISIONS OF ARTICLES 14 ( 1 ) AND 18 ( 1 ) OF REGULATION NO 20 CAME INTO EFFECT ON 30 JULY 1962 AS REGARDS LIVE SWINE AND PIG CARCASSES, AND ON 2 SEPTEMBER 1963 AS REGARDS THE OTHER PRODUCTS REFERRED TO IN THAT REGULATION .

THE PROVISIONS OF ARTICLES 17 ( 2 ) AND 19 ( 1 ) OF REGULATION NO 121/67/EEC CAME INTO EFFECT ON 1 JULY 1967 .
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1 . MEASURE ADOPTED BY AN INSTITUTION - VALIDITY - SUSPENSION - CONDITIONS

2 . OFFICIALS - ACTION FOR DAMAGES - NATURE - SUBJECT-MATTER

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

3 . OFFICIALS - WRONG INFORMATION SUPPLIED BY THE ADMINISTRATION - NO WRONGFUL ACT OR OMISSION

4 . OFFICIALS - WRONG INFORMATION FROM THE ADMINISTRATION - BELATED CORRECTION - WRONGFUL ACT OR OMISSION

Summary

1 . THE ADMINISTRATION CAN ONLY SUSPEND THE VALIDITY OF A MEASURE WHICH IT HAS ADOPTED BY MEANS OF A STATEMENT WHICH SHOWS CLEARLY AND UNEQUIVOCALLY ITS INTENTION TO DO SO .

2 . AS AN APPLICATION FOR COMPENSATION CONSTITUTES AN INDEPENDENT LEGAL REMEDY, WHICH IS SUBJECT TO CERTAIN CONDITIONS ADAPTED TO ITS PURPOSE, IT DOES NOT SEEK TO HAVE A SPECIFIC DECISION SET ASIDE BUT TO MAKE GOOD THE DAMAGE CAUSED BY AN INSTITUTION IN THE EXERCISE OF ITS FUNCTIONS . FOR SUCH AN APPLICATION TO BE WELL-FOUNDED IT MUST BE ESTABLISHED THAT THE DEFENDANT IS LIABLE FOR A WRONGFUL ACT OR OMISSION WHICH CAUSED THE APPLICATION A STILL SUBSISTING INJURY .

3 . THE ADOPTION OF AN INACCURATE INTERPRETATION OF A PROVISION OF THE LAW GOVERNING OFFICIALS DOES NOT CONSTITUTE IN ITSELF A WRONGFUL ACT . EVEN WHERE THE AUTHORITIES REQUEST THOSE CONCERNED TO OBTAIN INFORMATION FROM THE COMPETENT DEPARTMENTS, THEY ARE NOT NECESSARILY BOUND TO GUARANTEE THE CORRECTNESS OF THE INFORMATION SUPPLIED .

4 . DELAY ON THE PART OF THE APPOINTING AUTHORITY IN CORRECTING WRONG INFORMATION UNTIL AFTER THE TIME WHEN THOSE CONCERNED HAVE TO MAKE A DECISION IN THE MATTER CONSTITUTES A WRONGFUL ACT OR OMISSION WHICH RENDERS THE COMMUNITY LIABLE FOR THE CONSEQUENCES OF THE WRONG INFORMATION .
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1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - INDIVIDUAL RIGHTS - PECUNIARY RIGHT AGAINST THE STATE - GRANT - ORIGIN - EXERCISE

( EEC TREATY, ARTICLE 189 )

2 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - SUPREMACY OVER NATIONAL LAW - INDIVIDUAL RIGHTS

( EEC TREATY, ARTICLE 189 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK COWS - SUBSIDY FOR SLAUGHTERING - INDIVIDUAL RIGHT - NATURE - EXERCISE

( REGULATION NO 1975/69 OF THE COUNCIL; REGULATION NO 2195/69 OF THE COMMISSION, PARTICULARLY ARTICLE 10 )

Summary

1 . A COMMUNITY REGULATION HAS DIRECT EFFECT AND IS, AS SUCH, CAPABLE OF CREATING INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .

PECUNIARY RIGHTS AGAINST THE STATE, CONFERRED BY SUCH A REGULATION, ARISE WHEN THE CONDITIONS SET OUT IN THE REGULATION ARE COMPLIED WITH AND IT IS NOT POSSIBLE AT A NATIONAL LEVEL TO RENDER THE EXERCISE OF THEM SUBJECT TO IMPLEMENTING PROVISIONS OTHER THAN THOSE WHICH MIGHT BE REQUIRED BY THE REGULATION ITSELF .

2 . SO AS TO APPLY WITH EQUAL FORCE WITH REGARD TO NATIONALS OF ALL THE MEMBER STATES, COMMUNITY REGULATIONS BECOME PART OF THE LEGAL SYSTEM APPLICABLE WITHIN THE NATIONAL TERRITORY, WHICH MUST PERMIT THE DIRECT EFFECT PROVIDED FOR IN ARTICLE 189 TO OPERATE IN SUCH A WAY THAT RELIANCE THEREON BY INDIVIDUALS MAY NOT BE FRUSTRATED BY DOMESTIC PROVISIONS OR PRACTICES .

BUDGETARY PROVISIONS OF A MEMBER STATE CANNOT THEREFORE HINDER THE DIRECT APPLICABILITY OF THE COMMUNITY PROVISION AND CONSEQUENTLY OF THE EXERCISE OF INDIVIDUAL RIGHTS CREATED BY SUCH A PROVISION .

3 . ONCE ALL THE CONDITIONS LAID DOWN IN REGULATIONS NOS 1975/69 AND 2195/69 WERE FULFILLED, THOSE REGULATIONS CONFERRED ON FARMERS A RIGHT, WHICH NATIONAL COURTS MUST PROTECT, TO PAYMENT OF THE SLAUGHTERING SUBSIDY BY THE MEMBER STATE TO WHICH THEY BELONGED; SUCH RIGHTS COULD BE EXERCISED IN EACH CASE AT THE END OF THE PERIOD OF TWO MONTHS FOLLOWING THE ESTABLISHMENT OF THE PROOF OF SLAUGHTER AS PROVIDED IN ARTICLE 10 OF REGULATION NO 2195/69 . AS FROM THAT TIME, THE ABOVEMENTIONED REGULATIONS GIVE THE FARMER THE RIGHT TO REQUIRE PAYMENT OF THE SUBSIDY WITHOUT THAT MEMBER STATE' S BEING ABLE TO RELY ON ARGUMENTS BASED ON ANY LEGISLATIVE PROVISIONS OR ADMINISTRATIVE PRACTICES TO WITHHOLD SUCH PAYMENT .
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1 . COMMUNITY ADMINISTRATION - AUTHORIZATION TO SIGN - PERMISSIBILITY

( PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION, ARTICLE 27 )

2 . COMPETITION - CARTELS - PRICE-FIXING - TARGET PRICES - CLAUSES RESTRICTING OTHER TRADING CONDITIONS - INTERFERENCE WITH COMPETITION WITHIN THE COMMON MARKET

( EEC TREATY, ARTICLE 85 )

3 . COMPETITION - PURELY NATIONAL CARTEL - EFFECTS THROUGHOUT THE TERRITORY OF A MEMBER STATE - INFLUENCE ON TRADE BETWEEN MEMBER STATES - INCOMPATIBILITY WITH THE TREATY

( EEC TREATY, ARTICLE 85 )

Summary

1 . AN AUTHORIZATION TO SIGN CONSTITUTES A MEASURE CONCERNING THE INTERNAL ORGANIZATION OF THE SERVICES OF THE COMMISSION IN ACCORDANCE WITH ARTICLE 27 OF THE PROVISIONAL RULES OF PROCEDURE ADOPTED UNDER ARTICLE 7 OF THE TREATY OF 8 APRIL 1965 ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION .

2 . THE FIXING OF PRICES, EVEN THOSE WHICH MERELY CONSTITUTE A TARGET, AFFECTS COMPETITION BECAUSE SUCH TARGET PRICES ENABLE ALL THE PARTICIPANTS IN A CARTEL TO PREDICT WITH A REASONABLE DEGREE OF CERTAINTY WHAT THE PRICING POLICY PURSUED BY THEIR COMPETITORS WILL BE .

3 . AN AGREEMENT EXTENDING OVER THE WHOLE OF THE TERRITORY OF A MEMBER STATE BY ITS VERY NATURE HAS THE EFFECT OF REINFORCING THE COMPARTMENTALIZATION OF MARKETS ON A NATIONAL BASIS, THEREBY HOLDING UP THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING DOMESTIC PRODUCTION .
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1 . ACTS OF AN INSTITUTION - STATEMENT OF REASONS - OBLIGATION - EXTENT

( EEC TREATY, ART . 190 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING - REFUNDS ON EXPORTS TO THIRD COUNTRIES WITHIN THE MEANING OF REGULATIONS NO 25/62 AND 17/64 OF THE COUNCIL - EFFECT

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK - COMMUNITY RULES - INTERPRETATION - CRITERIA - ART . 14 ( 2 ) OF REGULATION NO 13 OF THE COUNCIL - OBJECTIVE - EXPORTS TO THIRD COUNTRIES - REFUNDS - MEANING

Summary

1 . THE EXTENT OF THE OBLIGATION TO STATE REASONS, ESTABLISHED BY ARTICLE 190 OF THE EEC TREATY, DEPENDS ON THE NATURE OF THE ACT IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .

2 . REGULATION NO 25 OF THE COUNCIL OF 4 APRIL 1962 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( OJ P . 991 ), AND REGULATION NO 17/64/EEC OF THE COUNCIL OF 5 FEBRUARY 1964 ON THE CONDITIONS FOR GRANTING AID FROM THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND ( OJ P . 586 ), MUST BE UNDERSTOOD, IN RESPECT OF THE EXPRESSION " REFUNDS ON EXPORTS TO THIRD COUNTRIES " , AS REFERRING TO THE BASIC COMMUNITY RULES AUTHORIZING THE MEMBER STATES TO GRANT SUCH REFUNDS .

3 . ( A ) REGULATION NO 13/64/EEC OF THE COUNCIL OF 5 FEBRUARY 1964 ON THE GRADUAL ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKETS IN THE SECTOR OF MILK AND MILK PRODUCTS ( OJ P . 549 ), MUST BE INTERPRETED IN THE LIGHT OF THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE EEC TREATY, IN PARTICULAR THOSE AIMING TO " ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY, IN PARTICULAR BY INCREASING THE INDIVIDUAL EARNINGS OF PERSONS ENGAGED IN AGRICULTURE " AND TO " STABILIZE MARKETS " . HENCE, ARTICLE 14 ( 2 ) OF THAT REGULATION MUST BE VIEWED AS ENCOURAGING ALL EXPORTS TO THIRD COUNTRIES WHICH CONTRIBUTE TO THE REALIZATION OF THOSE OBJECTIVES .

( B ) AS ARTICLE 14 ( 2 ) MAKES NO DISTINCTION BASED ON THE LEGAL NATURE OF TRANSACTIONS WHICH FORM THE BASIS OF THE DELIVERIES MADE TO THIRD COUNTRIES, EXPENDITURE WITH A VIEW TO COMPENSATING THE DIFFERENCE BETWEEN THE PRICES IN THE EXPORTING MEMBER STATE AND THE PRICES RULING IN THE WORLD TRADE CANNOT BE EXCLUDED FROM THE EXPRESSION " REFUNDS " , EVEN IF THAT STATE HAS BOUGHT THE PRODUCTS IN QUESTION ON THE DOMESTIC MARKET IN ORDER TO DELIVER THEM, BY WAY OF GIFT, TO THE IMPORTING COUNTRY OR ITS NATIONALS .
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1 . COMMON CUSTOMS TARIFF - CEREALS - BRAN, SHARPS AND OTHER RESIDUES - CLASSIFICATION

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 14 )

2 . COMMON CUSTOMS TARIFF - TARIFF HEADING NO 23.04 - INTERPRETATION

3 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - APPLICATION - AMENDMENT BY AN INTERNAL MEASURE - PROHIBITION

( EEC TREATY, ARTICLE 189 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT - LEVY - APPLICATION - EXEMPTION GRANTED BY NATIONAL MEASURES - PROHIBITION

( EEC TREATY, ARTICLE 40 )

Summary

1 . ARTICLE 14 OF REGULATION NO 120/67 OF THE COUNCIL MUST BE INTERPRETED AS MEANING THAT TARIFF HEADING NO 23.02 COVERS, BY REASON OF ITS GENERAL SCOPE, ALL THE PROCESSES FOR TREATING CEREALS, INCLUDING WET PROCESSES .

2 . IT APPEARS FROM THE CLEAR AND EXPRESS WORDS OF THE DESCRIPTION IN HEADING NO 23.04 OF THE COMMON CUSTOMS TARIFF THAT IT COVERS ONLY RESIDUES RESULTING FROM THE EXTRACTION OF VEGETABLE OILS .

3 . SINCE, IN ACCORDANCE WITH ARTICLE 189 OF THE TREATY, COMMUNITY REGULATIONS HAVE GENERAL APPLICATION AND ARE BINDING ON THEIR ENTIRETY, MEMBER STATES MAY NOT, IN THE ABSENCE OF A PROVISION OF COMMUNITY LAW TO THE CONTRARY, HAVE RECOURSE TO NATIONAL MEASURES CAPABLE OF MODIFYING THE APPLICATION .

4 . WHERE THE IMPORT OF AGRICULTURAL PRODUCTS SUBJECT TO THE LEVY SYSTEM INVOLVES THEIR BEING PUT INTO FREE CIRCULATION IN THE COMMUNITY, EXEMPTION FROM THE LEVY GRANTED BY A MEMBER STATE BY NATIONAL MEASURES IS CONTRARY TO THE DISTRIBUTION OF POWERS BETWEEN THE MEMBER STATES AND THE COMMUNITY .
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OFFICIALS - DISPUTES WITH THE ADMINISTRATION - COMPLAINT - MEANING

( STAFF REGULATIONS, ART . 90 ( 2 )).

Summary

A LETTER BASED ON UNOFFICIAL INFORMATION, ADDRESSED TO THE COMMISSION SEVERAL WEEKS BEFORE THE NOTIFICATION OF THE CONTESTED DECISION, DOES NOT CONSTITUTE A COMPLAINT AGAINST AN ACT ADVERSELY AFFECTING AN OFFICIAL WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER RESIDING WITHIN THE TERRITORY OF ONE MEMBER STATE - EMPLOYMENT CARRIED ON WITHIN THE TERRITORY OF SEVERAL MEMBER STATES - LEGISLATION APPLICABLE - LEGISLATION OF THE STATE OF RESIDENCE - NUMBER OF EMPLOYERS IRRELEVANT .

( REGULATION NO 3, ARTICLE 13 ( 1 ) ( C ))

Summary

ARTICLE 13 ( 1 ) ( C ) ( I ) OF REGULATION NO 3 MUST BE INTERPRETED AS MEANING THAT IT APPLIES INDEPENDENTLY OF WHETHER THE WORKER IS IN THE SERVICE OF ONE OR SEVERAL EMPLOYERS AND WHEREVER THE EVENT GIVING RISE TO A RIGHT OF INDEMNITY TOOK PLACE .
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1 . OFFICIALS - PERFORMANCE OF DUTIES - PROFESSIONAL INTEGRITY - SERIOUS ACCUSATIONS MADE BY SUPERIOR - DUTIES OF THE ADMINISTRATION

( STAFF REGULATIONS, ARTICLE 24 )

2 . PROCEDURE - APPEALS BY OFFICIALS - TIME LIMITS - COMMENCEMENT - DEFINITE DECISION BY THE ADMINISTRATION

( STAFF REGULATIONS, ARTICLE 91 )

Summary

1 . APART FROM THE DUTIES WHICH FALL ON THE ADMINISTRATION UNDER ARTICLE 24 OF THE STAFF REGULATIONS, THE PRINCIPLES OF JUSTICE AS WELL AS THOSE OF GOOD MANAGEMENT DEMAND THAT IF SERIOUS ACCUSATIONS, REFLECTING ON THE PROFESSIONAL INTEGRITY OF AN OFFICIAL IN CARRYING OUT HIS DUTIES, ARE MADE BY A SUPERIOR, THE ADMINISTRATION SHOULD TAKE ALL NECESSARY STEPS TO ESTABLISH WHETHER THE ACCUSATIONS ARE JUSTIFIED .

IF THEY ARE NOT, IT IS INCUMBENT ON THE ADMINISTRATION TO REFUTE THEM AND TO DO EVERYTHING POSSIBLE TO RESTORE THE GOOD NAME OF THE OFFICIAL CONCERNED .

IN ANY CASE, IT IS INCUMBENT UPON IT NOT TO GIVE ANY UNNECESSARY PUBLICITY TO THE ACCUSATIONS .

2 . THE TIME LIMITS IN THE STAFF REGULATIONS COMMENCE TO RUN ONLY FROM A DEFINITE DECISION BY THE ADMINISTRATION .
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ACTS OF AN INSTITUTION - DIRECTIVE - BINDING FORCE

( EEC TREATY, ART . 189 )

Summary

THE PROVISIONS OF A DIRECTIVE HAVE AN EFFECT NO LESS BINDING THAN THAT OF ANY OTHER RULE OF COMMUNITY LAW .