ddrg/super_eurlex huggingface dataset:
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1 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - RIGHT OF ENTRY AND RESIDENCE - RIGHT DIRECTLY CONFERRED BY COMMUNITY LAW - ACKNOWLEDGEMENT - SPECIAL RESIDENCE DOCUMENT - ISSUE - DECLARATORY EFFECT - NOT TO BE ASSIMILATED TO GENERAL RESIDENCE PERMIT FOR ALIENS - NO DISCRETION ON THE PART OF NATIONAL AUTHORITIES

( EEC TREATY , ARTICLE 48 ; DIRECTIVE NO 68/360 , ARTICLE 4 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - DOCUMENT PRESCRIBED BY DIRECTIVE NO 68/360 - GENERAL RESIDENCE PERMIT - REQUIREMENT BY A MEMBER STATE - PENALTIES - NOT PERMISSIBLE

( DIRECTIVE NO 68/360 , ARTICLE 4 ( 2 ) AND ANNEX )

3 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - GENERAL RESIDENCE PERMIT - NATIONAL PROVISIONS - NON-CONFORMITY WITH COMMUNITY LAW - INFRINGEMENT - DIRECTIVE NO 68/360 - NATIONAL IMPLEMENTING MEASURES - INFRINGEMENT - INCREASE IN PENALTIES - NOT PERMISSIBLE

4 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - DOCUMENTS OF IDENTITY REFERRED TO IN DIRECTIVE NO 68/360 - PENALTIES - NATURE OF OFFENCE COMMITTED - PROPORTIONALITY

( EEC TREATY , ARTICLE 7 ; DIRECTIVE NO 68/360 )

Summary

1 . THE RIGHT OF NATIONALS OF MEMBER STATES TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE AND TO RESIDE THERE FOR THE PURPOSES MENTIONED IN THE TREATY FOLLOWS DIRECTLY FROM THE TREATY OR FROM THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION .

THE ISSUE OF THE SPECIAL RESIDENCE DOCUMENT PROVIDED FOR IN ARTICLE 4 OF COUNCIL DIRECTIVE NO 68/360 OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES HAS ONLY A DECLARATORY EFFECT ; FOR ALIENS TO WHOM ARTICLE 48 OF THE TREATY OR PARALLEL PROVISIONS GIVE RIGHTS , IT CANNOT BE ASSIMILATED TO A RESIDENCE PERMIT SUCH AS IS PRESCRIBED FOR ALIENS IN GENERAL , IN CONNEXION WITH THE ISSUE OF WHICH THE NATIONAL AUTHORITIES HAVE A DISCRETION .

2 . A MEMBER STATE MAY NOT REQUIRE FROM A PERSON ENJOYING THE PROTECTION OF COMMUNITY LAW THAT HE SHOULD POSSESS A GENERAL RESIDENCE PERMIT INSTEAD OF THE DOCUMENT PROVIDED FOR IN ARTICLE 4 ( 2 ) OF DIRECTIVE NO 68/360 IN CONJUNCTION WITH THE ANNEX THERETO NOR MAY IT IMPOSE PENALTIES FOR THE FAILURE TO POSSESS SUCH A PERMIT .

3 . THE FORCE OF RES JUDICATA ARISING FROM A PRIOR CONVICTION ARRIVED AT ON THE BASIS OF NATIONAL PROVISIONS NOT IN ACCORDANCE WITH THE REQUIREMENTS OF COMMUNITY LAW CANNOT JUSTIFY AN INCREASE IN THE PENALTIES TO BE IMPOSED FOR AN INFRINGEMENT OF THE PROVISIONS WHICH A MEMBER STATE HAS ADOPTED TO SECURE THE APPLICATION OF DIRECTIVE NO 68/360 IN ITS TERRITORY .

4 . IT IS FOR THE COMPETENT AUTHORITIES OF EACH MEMBER STATE TO IMPOSE PENALTIES WHERE APPROPRIATE ON A PERSON SUBJECT TO THE PROVISIONS OF COMMUNITY LAW WHO HAS FAILED TO PROVIDE HIMSELF WITH ONE OF THE DOCUMENTS OF IDENTITY REFERRED TO IN ARTICLE 3 ( 1 ) OF DIRECTIVE NO 68/360 BUT THE PENALTIES IMPOSED MUST NOT BE DISPROPORTIONATE TO THE NATURE OF THE OFFENCE COMMITTED .
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1 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - FIXED MINIMUM PRICE - APPLICATION WITHOUT DISTINCTION TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS - LOWER COST PRICE OF IMPORTED PRODUCTS - NOT TO BE REFLECTED IN THE SELLING PRICE TO CONSUMERS - PROHIBITION - EXEMPTION FROM FIXED MINIMUM PRICE AND TEMPORARY NATURE OF ITS APPLICATION - LACK OF JUSTIFICATION

( EEC TREATY , ART . 30 )

3 . AIDS GRANTED BY STATES - MINIMUM PRICES - FIXING BY PUBLIC AUTHORITIES OF MINIMUM RETAIL PRICES - COST BORNE EXCLUSIVELY BY CONSUMERS - NOT STATE AID

( EEC TREATY , ART . 92 )

Summary

1 . FOR THE PURPOSES OF THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION IT IS SUFFICIENT THAT SUCH MEASURES ARE LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IMPORTS BETWEEN MEMBER STATES .

2 . A FIXED MINIMUM PRICE WHICH , ALTHOUGH APPLICABLE WITHOUT DISTINCTION TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS , IS CAPABLE OF HAVING AN ADVERSE EFFECT ON THE MARKETING OF THE LATTER MUST BE CONSIDERED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION IN SO FAR AS IT PREVENTS THEIR LOWER COST PRICE FROM BEING REFLECTED IN THE RETAIL SELLING PRICE . THIS CONCLUSION MUST BE DRAWN EVEN THOUGH THE COMPETENT AUTHORITY IS EMPOWERED TO GRANT EXEMPTIONS FROM THE FIXED MINIMUM PRICE AND THOUGH THIS POWER IS FREELY APPLIED TO IMPORTED PRODUCTS , SINCE THE REQUIREMENT THAT IMPORTERS AND TRADERS MUST COMPLY WITH THE ADMINISTRATIVE FORMALITIES INHERENT IN SUCH A SYSTEM MAY IN ITSELF CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION . THE TEMPORARY NATURE OF THE APPLICATION OF THE FIXED MINIMUM PRICES IS NOT A FACTOR CAPABLE OF JUSTIFYING SUCH A MEASURE SINCE IT IS INCOMPATIBLE ON OTHER GROUNDS WITH ARTICLE 30 OF THE TREATY .

3 . ARTICLE 92 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT THE FIXING BY A PUBLIC AUTHORITY OF MINIMUM RETAIL PRICES FOR A PRODUCT AT THE EXCLUSIVE EXPENSE OF CONSUMERS DOES NOT CONSTITUTE AN AID GRANTED BY A STATE WITHIN THE MEANING OF THAT ARTICLE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - ACQUISITION OF RIGHT TO BENEFITS - AGGREGATION OF PERIODS OF INSURANCE OR EMPLOYMENT - POSSIBILITY OF COUNTING PERIOD OF EMPLOYMENT AS PERIOD OF INSURANCE - CONDITIONS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( R ) AND ART . 67 ( 1 ))

Summary

IT IS CLEAR FROM ARTICLE 1 ( R ) OF REGULATION NO 1408/71 THAT , IN ORDER TO ASCERTAIN WHETHER A PERIOD OF EMPLOYMENT MAY BE ASSIMILATED TO A PERIOD OF INSURANCE FOR THE PURPOSES OF THE APPLICATION OF THE RULE CONCERNING AGGREGATION SET OUT IN ARTICLE 67 ( 1 ), REFERENCE MUST BE MADE TO THE LEGISLATION UNDER WHICH SUCH PERIOD WAS COMPLETED . THUS A PERIOD OF EMPLOYMENT COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE OTHER THAN THAT IN WHICH THE COMPETENT INSTITUTION IS ESTABLISHED , AND DEFINED OR RECOGNIZED AS AN INSURANCE PERIOD UNDER THAT LEGISLATION , IS NOT SUBJECT TO THE CONDITION LAID DOWN IN ARTICLE 67 ( 1 ) IN FINE OF REGULATION NO 1408/71 .
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1 . AGRICULTURE - BUTTER - BUYING-IN PRICE EXPRESSED IN IRISH POUNDS - INCREASE - BROUGHT ABOUT BY REGULATION NO 2517/74

2 . AGRICULTURE - BUTTER - PRIVATE STORAGE - AID - PAYMENT - RIGHT THERETO - ACQUISITION - CONDITIONS

( REGULATION NO 985/68 OF THE COUNCIL , ART . 9 ; REGULATION NO 685/69 OF THE COMMISSION )

3 . AGRICULTURE - BUTTER - PRIVATE STORAGE - AID - REGULATION NO 2517/74 - APPLICATION - AMBIT - DATE

4 . MEASURE ADOPTED BY AN INSTITUTION - LEGISLATIVE NATURE - REASONS ON WHICH BASED

5 . AGRICULTURE - BUTTER - PRIVATE STORAGE - AID - REGULATION NO 2517/74 - VALIDITY

Summary

1 . REGULATION NO 2498/74 OF THE COUNCIL OF 2 OCTOBER 1974 BROUGHT ABOUT AN INCREASE IN THE BUYING-IN PRICE FOR BUTTER EXPRESSED IN IRISH POUNDS , BY VIRTUE OF THE PROVISIONS OF ARTICLE 29 OF REGULATION NO 685/69 OF THE COMMISSION OF 14 APRIL 1969 , AS SUPPLEMENTED BY REGULATION NO 2517/74 OF THE COMMISSION OF 3 OCTOBER 1974 .

2 . THE MERE FACT OF ENTERING INTO PRIVATE STORAGE CONTRACTS AS REFERRED TO IN ARTICLE 9 OF REGULATION NO 985/68 OF THE COUNCIL , AND THE PLACING OF GOODS IN PRIVATE STORAGE DID NOT IN THEMSELVES SUFFICE TO CONFER ANY RIGHT TO PAYMENT OF A SPECIFIC AMOUNT OF AID ; THE PERSON CONCERNED ACQUIRES SUCH A RIGHT ONLY IF THE QUANTITIES OF BUTTER COVERED BY THE STORAGE CONTRACTS HAVE REMAINED IN STORAGE FOR A SPECIFIED MINIMUM PERIOD , IN ACCORDANCE WITH THE DETAILED RULES LAID DOWN BY REGULATION NO 685/69 , AND IF THEY HAVE BEEN TAKEN OUT OF STORE IN ACCORDANCE WITH ANY CONDITIONS LAID DOWN IN THOSE CONTRACTS .

3 . REGULATION NO 2517/74 OF THE COMMISSION APPLIES TO STORAGE CONTRACTS ENTERED INTO BEFORE THE ENTRY INTO FORCE OF REGULATION NO 2498/74 OF THE COUNCIL , IN RESPECT OF QUANTITIES OF BUTTER NOT YET REMOVED IN THE PROPER MANNER FROM STORAGE ON THAT DATE , NAMELY 7 OCTOBER 1974 .

4 . THE REASONS ON WHICH A PIECE OF LEGISLATION IS BASED MAY APPEAR NOT ONLY FROM ITS OWN WORDING , BUT ALSO FROM THE WHOLE BODY OF THE LEGAL RULES GOVERNING THE FIELD UNDER CONSIDERATION .

5 . REGULATION NO 2517/74 IS VALID .
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1 . OFFICIALS - APPLICATION - IMPLIED DECISION OF REJECTION - STATEMENT OF REASONS - DECISION AGAINST WHICH THE COMPLAINT WAS DIRECTED - EXAMINATION

( STAFF REGULATIONS OF OFFICIALS , FOURTH SUBPARAGRAPH OF ART . 90 ( 2 ))

2 . OFFICIALS - AUXILIARIES - RECRUITMENT - REFUSAL ON GROUNDS OF PHYSICAL UNFITNESS - MEASURE ADVERSELY AFFECTING THE APPLICANT - STATEMENT OF REASONS - PROFESSIONAL SECRECY - DETAILED RULES

( STAFF REGULATIONS OF OFFICIALS , SECOND PARAGRAPH OF ART . 25 ; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES , ARTS . 54 AND 55 ( 1 ) ( D ))

3 . ACT OF AN INSTITUTION - GRAVE PREJUDICE TO INTERESTS OF AN INDIVIDUAL - POSSIBILITY FOR THE PERSON CONCERNED TO EXPRESS HIS POINT OF VIEW - OBLIGATION ON THE ADMINISTRATION

Summary

1 . UNDER THE CONDITIONS REFERRED TO IN THE FOURTH SUBPARAGRAPH OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS THE STATEMENT OF REASONS ON WHICH AN IMPLIED DECISION REJECTING A COMPLAINT IS BASED IS NECESSARILY DEEMED TO BE THE SAME AS THE STATEMENT OR LACK OF STATEMENT OF REASONS FOR THE DECISION WHICH WAS THE SUBJECT OF THE UNANSWERED COMPLAINT , WITH THE RESULT THAT THE GROUNDS FOR EACH OF THEM MUST BE REVIEWED AT ONE AND THE SAME TIME .

2 . THE SUSPENSION , ON ACCOUNT OF PHYSICAL UNFITNESS , OF THE PROCEDURE FOR THE RECRUITMENT OF A CANDIDATE FOR ENGAGEMENT AS A MEMBER OF THE AUXILIARY STAFF WHO HAS SUCCESSFULLY TAKEN PART IN THE COMPETITIONS OR TESTS ORGANIZED FOR THE RECRUITMENT OF AUXILIARY STAFF CONSTITUTES A DECISION ADVERSELY AFFECTING HIM WITHIN THE MEANING OF ARTICLE 25 OF THE STAFF REGULATIONS OF OFFICIALS . IN CONSEQUENCE , THE REASONS FOR SUCH A DECISION MUST BE STATED , ALTHOUGH THE DUTY TO STATE THE REASONS MUST BE RECONCILED WITH THE REQUIREMENTS OF PROFESSIONAL SECRECY WHICH , SAVE IN EXCEPTIONAL CIRCUMSTANCES , LEAVE THE INDIVIDUAL DOCTOR TO DECIDE WHETHER TO COMMUNICATE TO THOSE WHOM HE IS TREATING OR EXAMINING THE NATURE OF THE CONDITION FROM WHICH THEY MAY BE SUFFERING . THAT RECONCILIATION IS EFFECTED THROUGH THE ABILITY OF THE PERSON CONCERNED TO REQUEST AND ENSURE THE COMMUNICATION TO A DOCTOR OF HIS CHOICE OF THE GROUNDS ON WHICH HE HAS BEEN DECLARED UNFIT ; THAT INFORMATION SHOULD ENABLE THE PERSON CONCERNED , EITHER HIMSELF OR THROUGH HIS DOCTOR , TO JUDGE WHETHER THE DECISION SUSPENDING THE RECRUITMENT PROCEDURE CONFORMS WITH THE REQUIREMENTS OF THE STAFF REGULATIONS .

3 . WHEN ANY ADMINISTRATIVE BODY ADOPTS A MEASURE WHICH IS LIABLE GRAVELY TO PREJUDICE THE INTERESTS OF AN INDIVIDUAL IT IS BOUND TO PUT HIM IN A POSITION TO EXPRESS HIS POINT OF VIEW .
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1 . MEASURE ADOPTED BY AN INSTITUTION - REGULATION - STATEMENT OF REASONS ON WHICH BASED - REFERENCE TO LEGISLATIVE CONTEXT

( EEC TREATY , ART . 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - CONCEPT

( EEC TREATY , SECOND SUBPARAGRAPH OF ART . 40 ( 3 ))

3 . AGRICULTURE - COMMON PROVISIONS FOR ISOGLUCOSE - PRODUCTION LEVY - DIFFERENCE AS COMPARED WITH SUGAR PRODUCTION LEVY - COUNCIL REGULATION NO 1111/77 , ARTS . 8 AND 9 - INVALIDITY

Summary

1 . EVEN THOUGH THE STATEMENT OF THE REASONS ON WHICH A REGULATION IS BASED MAY BE LACONIC , IT MUST NEVERTHELESS BE EXAMINED AND ASSESSED IN THE CONTEXT OF THE WHOLE OF THE RULES OF WHICH THE REGULATION IN QUESTION FORMS AN INTEGRAL PART .

2 . THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS THE DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

3 . COUCIL REGULATION NO 1111/77 OFFENDS AGAINST THE GENERAL PRINCIPLE OF EQUALITY AND IS INVALID TO THE EXTENT TO WHICH ARTICLES 8 AND 9 THEREOF IMPOSE A PRODUCTION LEVY ON ISOGLUCOSE OF 5 UNITS OF ACCOUNT PER 100 KG OF DRY MATTER FOR THE PERIOD CORRESPONDING TO THE SUGAR MARKETING YEAR 1977/78 .
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Keywords

OFFICIALS - RECRUITMENT - INTERNAL COMPETITION - FILLING OF VACANT POST - OBJECTIVE CRITERIA - CONSEQUENCE - APPOINTMENT OF SUCCESSFUL CANDIDATE IN COMPETITION - PRIOR RIGHT - EXCLUSION - APPOINTMENT OF ANOTHER CANDIDATE BY WAY OF TRANSFER - LEGALITY

( STAFF REGULATIONS OF OFFICIALS , ART . 29 )

Summary

ARTICLE 29 OF THE STAFF REGULATIONS OF OFFICIALS ESTABLISHES THE NECESSARY RECRUITMENT PROCEDURES SO THAT VACANT POSTS MAY BE FILLED BY OFFICIALS SELECTED ON THE BASIS OF OBJECTIVE CRITERIA AND SOLELY IN THE INTERESTS OF THE SERVICE . HENCE THAT PROVISION CANNOT BE INTERPRETED AS MEANING THAT IT CONFERS ON A SUCCESSFUL CANDIDATE IN AN INTERNAL COMPETITION HELD TO FILL A GIVEN POST A PRIOR RIGHT TO APPOINTMENT TO THAT POST AS AGAINST AN OFFICIAL WISHING TO BE ASSIGNED TO IT BY WAY OF TRANSFER .
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FREE MOVEMENT OF PERSONS AND SERVICES - NATIONAL OF A MEMBER STATE - ESTABLISHMENT IN ANOTHER MEMBER STATE - DRIVING LICENCE - LICENCE ISSUED BY THE STATE OF IRIGIN - OBLIGATION TO OBTAIN A FRESH LICENCE IN THE HOST STATE - COMPATIBILITY WITH COMMUNITY LAW - CONDITIONS AND LIMITS

( EEC TREATY , ARTS . 48 , 52 AND 59 )

Summary

IT IS NOT IN PRINCIPLE INCOMPATIBLE WITH COMMUNITY LAW FOR ONE MEMBER STATE TO REQUIRE A NATIONAL OF ANOTHER MEMBER STATE , WHO IS PERMANENTLY ESTABLISHED IN ITS TERRITORY , TO OBTAIN A DOMESTIC DRIVING LICENCE FOR THE PURPOSE OF DRIVING MOTOR VEHICLES , EVEN IF HE IS IN POSSESSION OF A DRIVING LICENCE ISSUED BY THE AUTHORITIES IN HIS STATE OF ORIGIN .

HOWEVER , SUCH A REQUIREMENT MAY BE REGARDED AS INDIRECTLY PREJUDICING THE EXERCISE OF THE RIGHT OF FREEDOM OF MOVEMENT , THE RIGHT OF FREEDOM OF ESTABLISHMENT OR THE FREEDOM TO PROVIDE SERVICES GUARANTEED BY ARTICLES 48 , 52 AND 59 OF THE TREATY RESPECTIVELY , AND CONSEQUENTLY AS BEING INCOMPATIBLE WITH THE TREATY , IF IT APPEARS THAT THE CONDITIONS IMPOSED BY NATIONAL RULES ON THE HOLDER OF A DRIVING LICENCE ISSUED BY ANOTHER MEMBER STATE ARE NOT IN DUE PROPORTION TO THE REQUIREMENTS OF ROAD SAFETY . INSISTENCE ON A DRIVING TEST WHICH CLEARLY DUPLICATES A TEST TAKEN IN ANOTHER MEMBER STATE FOR THE CLASSES OF VEHICLE WHICH THE PERSON CONCERNED WISHES TO DRIVE , OR LINGUISTIC DIFFICULTIES ARISING OUT OF THE PROCEDURE LAID DOWN FOR THE CONDUCT OF ANY CHECKS , OR THE IMPOSITION OF EXORBITANT CHARGES FOR COMPLETING THE REQUISITE FORMALITIES COULD ALL BE EXAMPLES OF THIS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATION - RULES AGAINST OVERLAPPING - APPLICATION - CONDITIONS

( REGULATION NO 3 OF THE COUNCIL , ART . 11 ( 2 ))

Summary

1 . THE RESTRICTIONS REFERRED TO IN ARTICLE 11 ( 2 ) OF REGULATION NO 3 APPLY TO INSURED PERSONS ONLY AS REGARDS BENEFITS ACQUIRED BY APPLYING REGULATIONS NOS 3 AND 4 .

2 . IF THE APPLICATION OF THE RELEVANT NATIONAL LEGISLATION IS LESS FAVOURABLE THAN THAT OF THE SYSTEM OF AGGREGATION AND APPORTIONMENT , THE LATTER SYSTEM MUST BE APPLIED .
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FREEDOM OF ESTABLISHMENT - VETERINARY SURGEONS - DEGREES OBTAINED IN A MEMBER STATE - PRACTICE IN ANOTHER MEMBER STATE - CONDITIONS - PERIOD PRIOR TO THE IMPLEMENTATION OF THE DIRECTIVES FOR THE MUTUAL RECOGNITION OF DIPLOMAS AND THE CO-ORDINATION OF NATIONAL PROVISIONS

( EEC TREATY , ARTS . 52 AND 57 ; COUNCIL DIRECTIVES NOS 78/1026 AND 78/1027 )

Summary

ARTICLE 52 OF THE TREATY MUST BE INTERPRETED AS MEANING THAT FOR THE PERIOD PRIOR TO THE DATE ON WHICH THE MEMBER STATES ARE REQUIRED TO HAVE TAKEN THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVES NOS 78/1026 AND 78/1027 OF 18 DECEMBER 1978 , THE NATIONALS OF A MEMBER STATE CANNOT RELY ON THAT PROVISION WITH A VIEW TO PRACTISING THE PROFESSION OF VETERINARY SURGEON IN THAT MEMBER STATE ON ANY CONDITIONS OTHER THAN THOSE LAID DOWN BY NATIONAL LEGISLATION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - RELATIONS BETWEEN SUGAR MANUFACTURERS AND BEET GROWERS - RULES - EXCLUSIVE COMMUNITY COMPETENCE - INTERVENTION OF THE MEMBER STATES - PROHIBITION - DEROGATION PURSUANT TO A COMMUNITY REGULATION

( REGULATION ( EEC ) NO 741/75 OF THE COUNCIL , ART . 1 )

Summary

SINCE THE COMMON ORGANIZATION OF THE MARKET IN SUGAR COVERS RELATIONS BETWEEN SUGAR MANUFACTURERS AND BEET GROWERS , SUCH RELATIONS , IN SO FAR AS THEY SPECIFICALLY CONCERN SUGAR PRODUCTION , FALL EXCLUSIVELY WITHIN THE COMPETENCE OF THE COMMUNITY SO THAT THE MEMBER STATES ARE NO LONGER IN A POSITION TO ADOPT UNILATERAL MEASURES . IN VIEW OF POSSIBLE DIFFICULTIES IN THE CONCLUSION OF INTER-TRADE AGREEMENTS CONCERNING CONDITIONS FOR THE DELIVERY OF SUGAR-BEET , REGULATION NO 741/75 IS INTENDED TO REMOVE THAT DISABILITY ON THE PART OF THE MEMBER STATES IN THE CASES DEFINED BY THE REGULATION SO THAT THE MEMBER STATES ARE ENTITLED UNDER COMMUNITY LAW TO INTERVENE ON THE BASIS OF THEIR OWN POWERS AND IN ACCORDANCE WITH THE PROCEDURES OF THEIR OWN LEGAL SYSTEMS .
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TRANSPORT - COMMON POLICY - ROAD HAULAGE OPERATOR - ADMISSION TO THE OCCUPATION - CONDITION OF PROFESSIONAL COMPETENCE - DEFINITIVE EXEMPTION - DISCRETIONARY POWER OF THE MEMBER STATES

( COUNCIL DIRECTIVE NO 74/561 , ART . 4 ( 2 ))

Summary

ARTICLE 4 ( 2 ) OF COUNCIL DIRECTIVE NO 74/561 WHICH BY WAY OF EXCEPTION AND IN CERTAIN DULY JUSTIFIED SPECIAL CASES AUTHORIZES THE MEMBER STATES TO GRANT DEFINITIVE EXEMPTION FROM THE CONDITION OF PROFESSIONAL COMPETENCE FOR THE OPERATION OF A TRANSPORT UNDERTAKING ONLY TO SUCH PERSONS AS POSSESS AT LEAST THREE YEARS ' PRACTICAL EXPERIENCE IN THE DAY-TO-DAY MANAGEMENT OF THE SAID UNDERTAKING , DOES NOT COVER THE CASE OF A PERSON WHO DOES NOT HAVE THE INTENTION OF CONTINUING TO OPERATE THE SAME UNDERTAKING . HOWEVER , THAT PROVISION MUST NOT BE UNDERSTOOD TO MEAN THAT IT DOES NOT ALLOW THE COMPETENT AUTHORITIES IN THE MEMBER STATES TO TAKE THE VIEW THAT A DEFINITIVE EXEMPTION FROM THE CONDITION OF PROFESSIONAL COMPETENCE MAY BE GRANTED IN THE CASE OF TWO PARTNERS WHO , HAVING BOTH ACQUIRED AT LEAST THREE YEARS ' PRACTICAL EXPERIENCE IN THE DAY-TO-DAY MANAGEMENT OF THE SAME UNDERTAKING , DECIDE TO CARRY IT ON IN THE FORM OF TWO NEW UNDERTAKINGS .
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1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - INTERPRETATIONS - CONCEPTS SERVING TO INDICATE THE SCOPE OF THE CONVENTION - INDEPENDENT INTERPRETATION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - SCOPE - MATTERS TO WHICH THE CONVENTION DOES NOT APPLY - BANKRUPTCY , PROCEEDINGS RELATING TO THE WINDING-UP OF INSOLVENT COMPANIES OR OTHER LEGAL PERSONS , JUDICIAL ARRANGEMENTS , COMPOSITIONS AND ANALOGOUS PROCEEDINGS - EXCLUSION FROM THE SCOPE OF THE CONVENTION - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , SECOND PARAGRAPH OF ARTICLE 1 )

Summary

1 . THE CONCEPTS USED IN ARTICLE 1 OF THE CONVENTION WHICH SERVE TO INDICATE ITS SCOPE MUST BE REGARDED AS INDEPENDENT CONCEPTS WHICH MUST BE INTERPRETED BY REFERENCE , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO THE GENERAL PRINCIPLES WHICH STEM FROM THE CORPUS OF THE NATIONAL LEGAL SYSTEMS .

2 . BANKRUPTCY , PROCEEDINGS RELATING TO THE WINDING-UP OF INSOLVENT COMPANIES OR OTHER LEGAL PERSONS , JUDICIAL ARRANGEMENTS , COMPOSITIONS AND ANALOGOUS PROCEEDINGS ARE PROCEEDINGS FOUNDED , ACCORDING TO THE VARIOUS LAWS OF THE CONTRACTING PARTIES RELATING TO DEBTORS WHO HAVE DECLARED THEMSELVES UNABLE TO MEET THEIR LIABILITIES , INSOLVENCY OR THE COLLAPSE OF THE DEBTOR ' S CREDITWORTHINESS , WHICH INVOLVE THE INTERVENTION OF THE COURTS CULMINATING IN THE COMPULSORY ' ' LIQUIDATION DES BIENS ' ' IN THE INTEREST OF THE GENERAL BODY OF CREDITORS OF THE PERSON , FIRM OR COMPANY OR AT LEAST IN SUPERVISION BY THE COURTS . IF DECISIONS RELATING TO BANKRUPTCY AND WINDING-UP ARE TO BE EXCLUDED FROM THE SCOPE OF THE CONVENTION THEY MUST DERIVE DIRECTLY FROM BANKRUPTCY OR WINDING-UP AND BE CLOSELY CONNECTED WITH PROCEEDINGS FOR THE ' ' LIQUIDATION DES BIENS ' ' OR THE ' ' REGLEMENT JUDICIAIRE ' ' .
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1 . ACCESSION OF THE NEW MEMBER STATES TO THE EUROPEAN COMMUNITIES - ACT OF ACCESSION - INTERPRETATION - CRITERIA - PRINCIPLE OF EQUALITY AS BETWEEN THE MEMBER STATES

2 . AGRICULTURE - NATIONAL ORGANIZATION OF THE MARKET - TRANSITIONAL PERIOD - EXPIRY - PROVISIONS RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS - FULL EFFECT

( EEC TREATY , ARTICLE 30 ET SEQ ., 38 AND 40 )

3 . ACCESSION OF THE NEW MEMBER STATES TO THE EUROPEAN COMMUNITIES - ACT OF ACCESSION - AGRICULTURE - PROVISIONS RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS - DEROGATION IN ARTICLE 60 ( 2 ) - LEGAL NATURE - SPECIAL PROVISION WITHIN THE MEANING OF ARTICLE 9 ( 2 ) - NO

( ACT OF ACCESSION , ARTICLES 9 ( 2 ) AND 60 ( 2 ))

Summary

1 . THE PROVISIONS OF THE ACT OF ACCESSION MUST BE INTERPRETED HAVING REGARD TO THE FOUNDATION AND THE SYSTEM OF THE COMMUNITY , AS ESTABLISHED BY THE TREATY .

IN A MATTER AS ESSENTIAL FOR THE PROPER FUNCTIONING OF THE COMMON MARKET AS THE ELIMINATION OF QUANTITATIVE RESTRICTIONS , THE ACT OF ACCESSION CANNOT BE INTERPRETED AS HAVING ESTABLISHED FOR AN INDEFINITE PERIOD IN FAVOUR OF THE NEW MEMBER STATES A LEGAL POSITION DIFFERENT FROM THAT LAID DOWN BY THE TREATY FOR THE ORIGINAL MEMBER STATES .

2 . AFTER EXPIRY OF THE TRANSITIONAL PERIOD THE OPERATION OF A NATIONAL MARKET ORGANIZATION CAN NO LONGER PREVENT FULL EFFECT BEING GIVEN TO THE PROVISIONS OF THE TREATY RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT , THE REQUIREMENTS OF THE MARKETS CONCERNED IN THIS RESPECT THENCEFORWARD BECOMING THE RESPONSIBILITY OF THE COMMUNITY INSTITUTIONS .

3 . THE PROVISION IN ARTICLE 60 ( 2 ) OF THE ACT OF ACCESSION WHICH ALLOWS THE NEW MEMBER STATES TO APPLY TO PRODUCTS COVERED ON THE DATE OF ACCESSION BY A NATIONAL ORGANIZATION OF THE MARKET QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT UNTIL A COMMON ORGANIZATION OF THE MARKET IS IMPLEMENTED FOR THESE PRODUCTS , CONSTITUTES A TRANSITIONAL MEASURE THE APPLICATION OF WHICH SHALL TERMINATE AT THE END OF 1977 . IT CANNOT BE REGARDED AS ' ' SPECIAL PROVISION ' ' WITHIN THE MEANING OF THE RESERVATION SET OUT IN ARTICLE 9 ( 2 ) OF THE ACT OF ACCESSION , SUCH A RESERVATION RELATING ONLY TO SPECIAL PROVISIONS WHICH ARE CLEARLY DELIMITED AND DETERMINED IN TIME AND NOT TO A PROVISION SUCH AS ARTICLE 60 ( 2 ) WHICH REFERS TO AN UNCERTAIN FUTURE EVENT .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - PRODUCTS ' ' SLIGHTLY DRIED OR SLIGHTLY SMOKED ' ' WITHIN THE MEANING OF SUBHEADINGS 02.06 B I ( B ) 3 ( AA ) AND 02.06 B I ( B ) 5 ( AA ) - CONCEPT

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FROZEN MEAT WITHIN THE MEANING OF HEADING 02.01 - CONCEPT

Summary

1 . HAVING REGARD TO THE EXPLANATORY NOTES AND ADDITIONAL NOTES TO THE COMMON CUSTOMS TARIFF IT IS CLEAR THAT THE BASIS OF THE DECISIVE CRI- TERION FOR TARIFF CLASSIFICATION OF ' ' SLIGHTLY DRIED ' ' OR ' ' SLIGHTLY SMOKED ' ' PRODUCTS WITHIN THE MEANING OF SUBHEADINGS 02.06 B I ( B ) 3 ( AA ) AND 02.06 B I ( B ) 5 ( AA ) OF THAT TARIFF IS NOT THE WATER/PROTEIN RATIO IN THE MEAT CONSIDERED IN ISOLATION , BUT IS PRIMARILY THE CAPACITY OF SUCH SLIGHT DRYING OR SLIGHT SMOKING TO ENSURE THE ACTUAL PRESERVATION OF THE MEAT .

2 . THE EXPRESSION ' ' FROZEN ' ' IN HEADING 02.01 OF THE COMMON CUSTOMS TARIFF COVERS NOT ONLY MEAT WHICH HAS BEEN FROZEN WHEN FRESH BUT ALSO MEAT WHICH HAS FIRST BEEN SLIGHTLY DRIED AND SUBSEQUENTLY FROZEN , IN SO FAR AS ITS ACTUAL AND LASTING PRESERVATION DEPENDS ESSENTIALLY UPON SUCH FREEZING .