ddrg/super_eurlex huggingface dataset:
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Keywords

TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - EXEMPTIONS PROVIDED FOR BY THE SIXTH DIRECTIVE - EXEMPTION FOR THE SUPPLY OF SERVICES BY THE PUBLIC POSTAL SERVICES - EXTENSION TO THE SUPPLY OF SERVICES BY OTHER BODIES ON BEHALF OF THE PUBLIC POSTAL SERVICES - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 77/388 , ART . 13 A ( 1 ) ( A ))

Summary

ARTICLE 13 A ( 1 ) ( A ) OF THE SIXTH DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES EXEMPTS FROM VALUE-ADDED TAX THE SUPPLY OF SERVICES BY THE PUBLIC POSTAL SERVICES THEMSELVES , BUT NOT THE SUPPLY OF SERVICES ON BEHALF OF THE PUBLIC POSTAL SERVICES BY OTHER BODIES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING - ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 - CHILD WITHIN THE SCOPE OF THE COMMUNITY RULES - SUSPENSION OF BENEFITS PAYABLE TO ONE OF THE PARENTS UNDER NATIONAL LEGISLATION ALONE - LIMITS - ENTITLEMENT TO BENEFITS CONDITIONAL ON RESIDENCE .

( REGULATION ( EEC ) NO 574/72 OF THE COUNCIL , ART . 10 ( 1 ) ( A ), AS AMENDED BY REGULATION ( EEC ) NO 878/73 )

Summary

THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 OF THE COUNCIL , AS AMENDED BY REGULATION NO 878/73 , APPLIES WHERE A CHILD IN RESPECT OF WHOM FAMILY BENEFITS OR FAMILY ALLOWANCES ARE DUE IS , AS A MEMBER OF THE FAMILY OF ONE OF THE RECIPIENTS OF SUCH BENEFITS OR ALLOWANCES , A PERSON COVERED BY THE COMMUNITY LEGISLATION ON SOCIAL SECURITY FOR EMPLOYED PERSONS , WITHOUT THERE BEING ANY NEED TO ASCERTAIN WHETHER THE OTHER RECIPIENT WHO IS ALSO ENTITLED TO FAMILY BENEFITS OR FAMILY ALLOWANCES IN RESPECT OF THE SAME CHILD IS ALSO COVERED BY THAT LEGISLATION .

THE AFORESAID PROVISION MAKES IT POSSIBLE TO SUSPEND FAMILY BENEFITS OR FAMILY ALLOWANCES PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE ALONE WHICH ARE AWARDED TO A RECIPIENT WHO IS NOT COVERED BY THE COMMUNITY LEGISLATION ON SOCIAL SECURITY FOR EMPLOYED PERSONS IN RESPECT OF A CHILD WHO IS SO COVERED BY VIRTUE OF A MEMBER OF THE FAMILY WHO IS A WORKER , PROVIDED HOWEVER THAT THE AMOUNT SUSPENDED IS LIMITED TO THE AMOUNT IN RESPECT OF WHICH THE BENEFITS OVERLAP .

THE RULE AGAINST OVERLAPPING ALSO APPLIES WHERE FAMILY BENEFITS OR FAMILY ALLOWANCES ARE PAYABLE UNDER THE LEGISLATION OF ONE MEMBER STATE ALONE , ACCORDING TO WHICH ACQUISITION OF THE RIGHT TO THOSE BENEFITS OR ALLOWANCES IS CONDITIONAL ON RESIDENCE ALONE .
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1 . PRELIMINARY RULINGS - REFERENCE TO THE COURT - NECESSITY OF PRELIMINARY RULING - ASSESSMENT BY THE NATIONAL COURT

( EEC TREATY , ART . 177 )

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - HEADINGS 26.02 AND 31.03 - SUBHEADINGS 31.03 A II AND 31.03 B - SCOPE - CRITERIA - CLASSIFICATION OF CONVERTER SLAG

Summary

1 . EXCEPT IN EXCEPTIONAL CASES IN WHICH IT IS CLEAR THAT THE PROVISION OF COMMUNITY LAW WHICH THE COURT IS ASKED TO INTERPRET DOES NOT APPLY TO THE FACTS OF THE DISPUTE IN THE MAIN PROCEEDINGS , THE COURT LEAVES IT TO THE NATIONAL COURT TO DETERMINE WHETHER A PRELIMINARY RULING IS NECESSARY IN ORDER TO DECIDE THE DISPUTE PENDING BEFORE IT .

2 . THE DECISIVE CRITERION FOR CLASSIFYING CONVERTER SLAG ( OR CONVERTER LIME ) UNDER HEADING 31.03 , RATHER THAN HEADING 26.02 , IS THE PRESENCE OF A FERTILIZING ELEMENT , PHOSPHATE , IN A QUANTITY SUFFICIENT TO ATTRIBUTE TO THE PRODUCTS CONCERNED FERTILIZING PROPERTIES WHICH MAY BE USED IN AGRICULTURE . ON THE OTHER HAND , PRODUCTS WHICH CONTAIN FERTILIZING ELEMENTS BUT IN A QUANTITY INSUFFICIENT TO GIVE THEM SUCH PROPERTIES MAY NOT BE CLASSIFIED UNDER HEADING 31.03 .

THE PRODUCTS LISTED IN NOTE 2 ( A ) TO CHAPTER 31 COME UNDER SUBHEADING 31.03 A II ( WITH THE EXCEPTION OF SUPERPHOSPHATES ) IF THEY ARE IN ISOLATION . IF , ON THE OTHER HAND , THEY ARE MIXED TOGETHER OR MIXED WITH OTHER INORGANIC NON-FERTILIZING SUBSTANCES THEY COME UNDER SUBHEADING 31.03 B .
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1 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - PRIMARY OBLIGATION AND SECONDARY OBLIGATION - SAME PENALTY FOR FAILURE TO FULFIL - NOT ACCEPTABLE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - EXPORTS TO NON-MEMBER COUNTRIES - STANDING INVITATION TO TENDER - SECURITY LODGED BY THE SUCCESSFUL TENDERER - APPLICATION FOR EXPORT LICENCE - FAILURE TO COMPLY WITH TIME-LIMIT - FORFEITURE OF ENTIRE SECURITY - PRINCIPLE OF PROPORTIONALITY - BREACH

( COUNCIL REGULATION NO 1785/81 , ART . 13 ; COMMISSION REGULATION NO 1880/83 , ART . 6 ( 3 ) AND 12 ( B ))

Summary

1 . IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ASCERTAIN WHETHER THE MEANS WHICH IT EMPLOYS ARE APPROPRIATE AND NECESSARY TO ATTAIN THE OBJECTIVE SOUGHT . WHERE COMMUNITY LEGISLATION MAKES A DISTINCTION BETWEEN A PRIMARY OBLIGATION , COMPLIANCE WITH WHICH IS NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE SOUGHT , AND A SECONDARY OBLIGATION , ESSENTIALLY OF AN ADMINISTRATIVE NATURE , IT CANNOT , WITHOUT BREACHING THE PRINCIPLE OF PROPORTIONALITY , PENALIZE FAILURE TO COMPLY WITH THE SECONDARY OBLIGATION AS SEVERELY AS FAILURE TO COMPLY WITH THE PRIMARY OBLIGATION .

2 . ALTHOUGH , WITHIN THE CONTEXT OF THE STANDING INVITATION TO TENDER ORGANIZED BY REGULATION NO 1880/83 , IN ORDER TO DETERMINE LEVIES AND/OR REFUNDS ON EXPORTS OF WHITE SUGAR , THE OBLIGATION IMPOSED ON SUCCESSFUL TENDERERS TO APPLY WITHIN A SHORT PERIOD FOR AN EXPORT LICENCE IN ACCORDANCE WITH ARTICLE 12 ( B ) OF THAT REGULATION PERFORMS A USEFUL ADMINISTRATIVE FUNCTION FROM THE COMMISSION ' S POINT OF VIEW , IT CANNOT BE ACCEPTED THAT THAT OBLIGATION IS AS IMPORTANT AS THE OBLIGATION TO EXPORT , WHICH REMAINS THE ESSENTIAL AIM OF THE COMMUNITY LEGISLATION IN QUESTION .

ARTICLE 6 ( 3 ) OF REGULATION NO . 1880/83 IS INVALID INASMUCH AS IT PRESCRIBES FORFEITURE OF THE ENTIRE SECURITY AS THE PENALTY FOR FAILURE TO COMPLY WITH THE TIME-LIMIT IMPOSED FOR THE SUBMISSION OF APPLICATIONS FOR EXPORT LICENCES . THAT PENALTY , IMPOSED IN RESPECT OF AN INFRINGEMENT SIGNIFICANTLY LESS SERIOUS THAN THE FAILURE TO FULFIL THE PRIMARY OBLIGATION , WHICH THE SECURITY ITSELF IS INTENDED TO GUARANTEE , IS TOO DRASTIC IN RELATION TO THE EXPORT LICENCE ' S FUNCTION OF ENSURING THE SOUND MANAGEMENT OF THE MARKET IN QUESTION .
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1 . REQUESTS FOR PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( ECSC TREATY , ART . 41 )

2 . COMMON CUSTOMS TARIFF - APPLICATION OF THE EUROPEAN UNIT OF ACCOUNT TO LEGAL ACTS ADOPTED IN THE CUSTOMS SPHERE - REGULATION ( EEC ) NO 2779/78 - SCOPE - PRODUCTS FALLING WITHIN THE AMBIT OF THE ECSC TREATY - EXCLUDED

( EEC TREATY , ART . 232 ( 1 ); COUNCIL REGULATION NO 2779/78 )

3 . ECSC - COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - IMPOSITION OF ANTI-DUMPING DUTIES - POWERS OF THE COMMISSION

( ECSC TREATY , ART . 74 ; COMMISSION RECOMMENDATIONS NOS 77/329 AND 3140/78 )

4 . ECSC - COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - ANTI-DUMPING DUTIES - CALCULATION - PROLONGED MAINTENANCE OF OBLIGATORY CONVERSION RATES - PERMISSIBILITY - LIMITS

( ECSC TREATY , ART . 74 ; COMMISSION RECOMMENDATIONS NOS 77/329 , ART . 19 ( 3 ), AND 3140/78 )

Summary

1 . ARTICLE 41 OF THE ECSC TREATY IS BASED ON A CLEARLY DEFINED SEPARATION OF TASKS BETWEEN THE NATIONAL COURTS AND THE COURT OF JUSTICE AND DOES NOT ALLOW THE LATTER TO APPRAISE THE FACTS WHICH ARE THE SUBJECT OF THE MAIN PROCEEDINGS OR TO CONSIDER WHETHER THE REQUEST FOR A PRELIMINARY RULING WAS APPROPRIATE IN THE CIRCUMSTANCES . THE COURT ' S SOLE TASK IS TO CONSIDER THE RELEVANT ELEMENTS OF COMMUNITY LAW AND TO PROVIDE THE NATIONAL COURT WITH A USEFUL ANSWER .

2 . THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 2779/78 ON THE PROCEDURE FOR APPLYING THE EUROPEAN UNIT OF ACCOUNT TO LEGAL ACTS ADOPTED IN THE CUSTOMS SPHERE ARE NOT APPLICABLE TO PRODUCTS WHICH FALL WITHIN THE AMBIT OF THE ECSC TREATY .

3 . THE COMMISSION DERIVED FROM ARTICLE 74 OF THE ECSC TREATY AND FROM RECOMMENDATION NO 77/329 THE POWER TO ISSUE RECOMMENDATION NO 3140/78 ON THE ANTI-DUMPING DUTIES CHARGED ON CERTAIN STEEL PRODUCTS , OF WHICH THE COMMISSION ' S COMMUNICATION OF 30 DECEMBER 1978 MUST BE REGARDED AS AN INTEGRAL PART .

4 . THE PROLONGED MAINTENANCE OF OBLIGATORY CONVERSION RATES FOR CALCULATING THE ANTI-DUMPING DUTY APPLICABLE TO PRODUCTS FALLING WITHIN THE AMBIT OF THE ECSC CANNOT BE CONSIDERED AS SUCH TO BE INCOMPATIBLE WITH COMMUNITY LAW , UNLESS IT IS ESTABLISHED THAT THE RESULTING CALCULATION CONFLICTS WITH THE REQUIREMENTS OF COMMISSION RECOMMENDATION NO 77/329 AND , IN PARTICULAR , WITH ARTICLE 19 ( 3 ) THEREOF .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - FIXING - DERIVED PRODUCTS - CALCULATION OF THE INCIDENCE OF THE COMPENSATORY AMOUNT APPLICABLE TO THE BASIC PRODUCT - COMMISSION ' S MARGIN OF DISCRETION - EXTENT

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ( 2 ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - FIXING - DERIVED PRODUCTS - DIFFERENT COMPENSATORY AMOUNTS APPLIED TO DERIVED PRODUCTS AND THE BASIC PRODUCT - NEGLIGIBLE DIFFERENCE - PERMISSIBLE

( REGULATION NO 974/71 OF THE COUNCIL , ART . 4 ( 2 ); COMMISSION REGULATIONS NOS 746/79 AND 3013/80 )

Summary

1 . IT IS FOR THE COMMISSION TO RESOLVE THE TECHNICAL AND ECONOMIC PROBLEMS ARISING FROM THE CALCULATION OF THE INCIDENCE - WITHIN THE MEANING OF ARTICLE 2 ( 2 ) OF REGULATION NO 974/71 - ON THE PRICES OF DEPENDENT PRODUCTS OF THE MONETARY COMPENSATORY AMOUNT FIXED FOR A BASIC PRODUCT , WHILST MAINTAINING A DEGREE OF CONSISTENCY AND CLARITY IN THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS WHICH IT IS REQUIRED TO ESTABLISH IN THE SECTOR CONCERNED . FOR THIS PURPOSE , THE COMMISSION HAS A WIDE MARGIN OF DISCRETION AND MAY EVEN MAKE FLAT-RATE ASSESSMENTS . IT CANNOT , THEREFORE , BE REQUIRED TO ACHIEVE ABSOLUTE MATHEMATICAL EQUALITY BETWEEN THE MONETARY COMPENSATORY AMOUNT APPLICABLE TO THE BASIC PRODUCT AND THAT APPLICABLE TO DERIVED PRODUCTS .

2 . SINCE , UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 974/71 , IT IS NOT NECESSARY TO FIX MONETARY COMPENSATORY AMOUNTS WHEN THEY ARE NEGLIGIBLE IN RELATION TO THE AVERAGE VALUE OF THE PRODUCTS , THERE CAN ALSO BE NO OBLIGATION TO FIX THEM IN SUCH A WAY AS TO ELIMINATE A DIFFERENCE WHICH REPRESENTS A NEGLIGIBLE PERCENTAGE OF THE MONETARY COMPENSATORY AMOUNTS THEMSELVES AND WHICH THEREFORE , A FORTIORI , CAN BE ONLY NEGLIGIBLE IN RELATION TO THE VALUE OF THE GOODS .
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1 . APPLICATION FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - NON-COMPLIANCE WITH A COMMISSION DECISION ON STATE AID - DECISION NOT CHALLENGED BY WAY OF AN APPLICATION FOR ITS ANNULMENT - SUBMISSIONS IN DEFENCE - SUBMISSION QUESTIONING THE LEGALITY OF THE DECISION - INADMISSIBILITY - ABSOLUTE IMPOSSIBILITY OF IMPLEMENTATION - ADMISSIBILITY

( EEC TREATY , FIRST AND SECOND SUBPARAGRAPHS OF ART . 93 ( 2 ) AND THIRD PARAGRAPH OF ART . 173 )

2 . AID GRANTED BY STATES - COMMISSION DECISION FINDING AN AID TO BE INCOMPATIBLE WITH THE COMMON MARKET - DIFFICULTIES OF IMPLEMENTATION - OBLIGATION ON THE PART OF THE COMMISSION AND THE MEMBER STATE TO COOPERATE IN SEEKING A SOLUTION CONSISTENT WITH THE TREATY

( EEC TREATY , ART . 5 AND FIRST SUBPARAGRAPH OF ART . 93 ( 2 ))

Summary

1 . AFTER THE EXPIRY OF THE PERIOD LAID DOWN IN THE THIRD PARAGRAPH OF ARTICLE 173 OF THE TREATY A MEMBER STATE WHICH IS THE ADDRESSEE OF A DECISION ADOPTED UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 93 ( 2 ) MAY NOT CALL IN QUESTION THE VALIDITY OF THAT DECISION IN THE COURSE OF LEGAL PROCEEDINGS COMMENCED PURSUANT TO THE SECOND SUBPARAGRAPH OF THAT ARTICLE .

IN THOSE CIRCUMSTANCES THE ONLY DEFENCE LEFT TO A MEMBER STATE IN OPPOSING AN APPLICATION FOR A DECLARATION THAT IT HAS FAILED TO FULFIL ITS TREATY OBLIGATIONS IS TO PLEAD THAT IT WAS ABSOLUTELY IMPOSSIBLE FOR IT TO IMPLEMENT THE DECISION PROPERLY .

2 . IF , IN GIVING EFFECT TO A DECISION FINDING AN AID TO BE INCOMPATIBLE WITH THE COMMON MARKET , A MEMBER STATE ENCOUNTERS UNFORESEEN OR UNFORESEEABLE DIFFICULTIES OR PERCEIVES CONSEQUENCES OVERLOOKED BY THE COMMISSION , IT MAY SUBMIT THESE PROBLEMS FOR CONSIDERATION BY THE COMMISSION , TOGETHER WITH PROPOSALS FOR SUITABLE AMENDMENTS . IN SUCH A CASE THE COMMISSION AND THE MEMBER STATE MUST RESPECT THE PRINCIPLE UNDERLYING ARTICLE 5 OF THE TREATY , WHICH IMPOSES A DUTY OF GENUINE COOPERATION ON THE MEMBER STATES AND COMMUNITY INSTITUTIONS ; ACCORDINGLY , THEY MUST WORK TOGETHER IN GOOD FAITH WITH A VIEW TO OVERCOMING THE DIFFICULTIES WHILST FULLY OBSERVING THE TREATY PROVISIONS , AND IN PARTICULAR THE PROVISIONS ON AID .
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COMMON CUSTOMS TARIFF - VALUATION FOR CUSTOMS PURPOSES - TRANSACTION VALUE - MEANING - INTRA-COMMUNITY TRANSPORT COSTS - EXCLUDED - INSPECTIONS - PERMISSIBLE

( COUNCIL REGULATION NO 1224/80 , ART . 3 ( 1 ))

Summary

WHERE AN IMPORTER HAS PAID A SUPPLIER , IN ADDITION TO THE PRICE OF THE GOODS , AN AMOUNT IN RESPECT OF ' INTRA-COMMUNITY TRANSPORT COSTS ' ON THE BASIS OF A SEPARATE INVOICE , THE TRANSACTION VALUE WITHIN THE MEANING OF ARTICLE 3 ( 1 ) OF REGULATION NO 1224/80 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES INCLUDES ONLY THE FIRST OF THOSE AMOUNTS ; HOWEVER THE COMPETENT CUSTOMS AUTHORITIES MAY , IF THE CIRCUMSTANCES WARRANT IT , CHECK THE INVOICE RELATING TO THE COSTS IN QUESTION IN ORDER TO VERIFY THAT THEY ARE NOT FICTITIOUS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - INTERPRETATION IN THE LIGHT OF THE OBJECTIVES OF THE TREATY - LOSS OF A SOCIAL SECURITY ADVANTAGE AS A RESULT OF THE TRANSFER OF RESIDENCE TO ANOTHER MEMBER STATE - NOT PERMISSIBLE

( EEC TREATY , ARTS . 48 TO 51 ; COUNCIL REGULATION NO 1408/71 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - CALCULATION OF INSURANCE PERIODS - DISCRIMINATION AGAINST MARRIED WOMEN - NOT PERMISSIBLE

( COUNCIL REGULATION NO 1408/71 , ANNEX VI , PART I , POINT 2 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH INSURANCE - SPECIAL PROCEDURES FOR APPLYING NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE - CALCULATION OF INSURANCE PERIODS - TAKING INTO ACCOUNT CERTAIN PERIODS COMPLETED BY THE RECIPIENT ' S WIFE BEFORE 1 JANUARY 1957 - PERIODS OF RESIDENCE OR ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS - INCLUSION

( COUNCIL REGULATION NO 1408/71 , ANNEX VI , PART I , POINT 2 ( A ))

Summary

1 . THE PROVISIONS OF REGULATION NO 1408/71 MUST BE INTERPRETED IN THE LIGHT OF THE OBJECTIVE OF ARTICLES 48 TO 51 OF THE EEC TREATY , NAMELY THE ESTABLISHMENT OF THE GREATEST POSSIBLE FREEDOM OF MOVEMENT FOR WORKERS . THAT OBJECTIVE WOULD NOT BE ATTAINED IF , AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT AND TO TRANSFER THEIR RESIDENCE TO ANOTHER MEMBER STATE , WORKERS WERE TO LOSE THE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM BY THE LAWS OF A SINGLE MEMBER STATE .

2 . IT CANNOT BE JUSTIFIED THAT THE RULES OF COMMUNITY LAW IN THE FIELD OF SOCIAL SECURITY , BY REFUSING , UNDER A GENERAL OLD-AGE INSURANCE SCHEME IN WHICH RESIDENCE IS THE SOLE QUALIFICATION FOR INSURANCE , TO TAKE PERIODS OF RESIDENCE INTO ACCOUNT AS INSURANCE PERIODS IN THE CASE OF A MARRIED WOMAN WHEN THEY ARE SO TREATED IN THE CASE OF A MAN AND AN UNMARRIED WOMAN , GIVE RISE TO DISCRIMI NATION AND ARE CONTRARY TO THE FUNDAMENTAL PRINCIPLE OF FREEDOM OF MOVEMENT SINCE THEY CREATE AN OBSTACLE CAPABLE OF DISSUADING A MARRIED WOMAN FROM ACCOMPANYING HER HUSBAND WHEN HE MOVES TO ANOTHER MEMBER STATE .

3 . POINT 2 ( A ) OF PART I OF ANNEX VI TO REGULATION NO 1408/71 APPLIES TO A MARRIED WOMAN SO THAT , SUBJECT TO THE PROVISIONS OF POINT 2 ( B ), ( D ) AND ( F ), PERIODS BEFORE 1 JANUARY 1957 DURING WHICH A MARRIED WOMAN , WHO DOES NOT SATISFY THE CONDITIONS PERMITTING HER TO HAVE SUCH PERIODS TREATED AS PERIODS OF INSURANCE , RESIDED IN THE TERRITORY OF THE NETHERLANDS AFTER THE AGE OF 15 OR DURING WHICH , WHILST RESIDING IN THE TERRITORY OF ANOTHER MEMBER STATE , SHE PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS FOR AN EMPLOYER ESTABLISHED IN THAT COUNTRY , MUST BE CONSIDERED AS PERIODS OF INSURANCE COMPLETED IN APPLICATION OF NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE .
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1 . FREE MOVEMENT OF GOODS - GOODS IN FREE CIRCULATION - FULL APPLICATION OF THE TREATY RULES - CONDITIONS - IMPLEMENTATION OF A COMMON COMMERCIAL POLICY

( EEC TREATY , ARTS 9 ( 2 ), 113 AND 115 )

2 . COMMON COMMERCIAL POLICY - IMPORT ARRANGEMENTS FOR PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT - NATIONAL PROTECTIVE MEASURES - PERMISSIBILITY - POWERS OF THE COMMISSION

( EEC TREATY , ART . 115 ; COUNCIL REGULATION NO 3589/82 )

Summary

1 . THE PROVISIONS FOR THE LIBERALIZATION OF INTRA-COMMUNITY TRADE APPLY IN IDENTICAL FASHION TO PRODUCTS ORIGINATING IN MEMBER STATES AND TO PRODUCTS FROM NON-MEMBER COUNTRIES WHICH ARE IN FREE CIRCULATION IN THE COMMUNITY EVEN WHERE THE IMPORT ARRANGEMENTS APPLYING TO THEM INVOLVE THE DIVISION OF A COMMUNITY QUOTA INTO NATIONAL SUBQUOTAS . HOWEVER , THE FULL APPLICATION OF THE PRINCIPLE OF FREE MOVEMENT TO GOODS IMPORTED FROM NON-MEMBER COUNTRIES IS CONDITIONAL UPON THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY , BASED , IN ACCORDANCE WITH ARTICLE 113 ( 1 ) OF THE TREATY , ON UNIFORM PRINCIPLES .

THE ASSIMILATION TO GOODS ORIGINATING WITHIN THE MEMBER STATES OF GOODS ORIGINATING IN A NON-MEMBER COUNTRY BUT IN FREE CIRCULATION IN ONE OF THE MEMBER STATES MAY ONLY TAKE FULL EFFECT IF THOSE GOODS ARE SUBJECT TO THE SAME CONDITIONS OF IMPORTATION , WITH REGARD TO CUSTOMS AND COMMERCIAL CONSIDERATIONS , IRRESPECTIVE OF THE STATE IN WHICH THEY WERE RELEASED INTO FREE CIRCULATION .

WHERE THAT IS NOT THE CASE , THE COMMISSION HAS THE POWER , UNDER ARTICLE 115 , TO AUTHORIZE MEMBER STATES TO TAKE , WITH REGARD TO THOSE GOODS , PROTECTIVE MEASURES TO PREVENT DEFLECTIONS OF TRADE OR ECONOMIC DIFFICULTIES .

2 . ALTHOUGH , AS REGARDS PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES WHICH ARE PARTIES TO THE MULTI-FIBRE ARRANGEMENT , REGULATION NO 3589/82 IS UNDOUBTEDLY A STEP TOWARDS THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY BASED ON UNIFORM PRINCIPLES , IT DOES NOT APPEAR THAT THE SYSTEM ESTABLISHED BY THAT REGULATION HAS BROUGHT ABOUT COMPLETE UNIFORMITY AS REGARDS CONDITIONS OF IMPORTATION FOR THE PRODUCTS IN QUESTION . THE COMMISSION HAS THEREFORE RETAINED THE POWER UNDER ARTICLE 115 TO GRANT A MEMBER STATE AUTHORIZATION TO ADOPT PROTECTIVE MEASURES WITH REGARD TO TEXTILE PRODUCTS COVERED BY REGULATION NO 3589/82 AND IN FREE CIRCULATION IN OTHER MEMBER STATES WHERE THE CIRCUMSTANCES JUSTIFY SUCH ACTION . HOWEVER , IN EXERCISING THAT POWER , IT MUST SHOW GREAT PRUDENCE AND MODERATION .
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Keywords

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION TO IMPORTS FROM NON-MEMBER COUNTRIES - CONDITIONS - ABSENCE OF ANY PROTECTIVE EFFECT - THREAT OF DISTURBANCES IN INTRA-COMMUNITY TRADE - DISCRETION OF THE COMMISSION - JUDICIAL REVIEW - LIMITS

( COUNCIL REGULATION NO 974/71 , ART . 1 ( 3 ); COMMISSION REGULATION NO 481/82 )

2 . COMMON COMMERCIAL POLICY - PRINCIPLE OF NON-DISCRIMINATION - NONE - CONSEQUENTIAL DIFFERENCE OF TREATMENT BETWEEN COMMUNITY TRADERS - PERMISSIBILITY - CONDITIONS

Summary

1 . IN ORDER TO SAFEGUARD INTRA-COMMUNITY TRADE FROM THE THREAT OF DISTURBANCES DUE TO MONETARY FLUCTUATIONS , IT IS NECESSARY FOR MONETARY COMPENSATORY AMOUNTS ALSO TO BE APPLIED IN TRADE WITH NON-MEMBER COUNTRIES , ALTHOUGH , UNLIKE LEVIES OR CUSTOMS DUTIES , THEY MUST NOT CONSTITUTE A PROTECTIVE COMPONENT AT THE EXTERNAL FRONTIERS OF THE COMMUNITY AND WILL BE UNLAWFUL IF THEY DO .

THE POSSIBILITY OF DISTURBANCES IN INTRA-COMMUNITY TRADE IS FOR THE COMMISSION TO DETERMINE , AND IN SO DOING IT HAS A BROAD DISCRETION AS A COMPLEX ECONOMIC SITUATION IS INVOLVED . THE COMMISSION IS NOT OBLIGED TO DECIDE CASE BY CASE OR SEPARATELY FOR EACH PRODUCT AND EXPORTING COUNTRY WHETHER THERE IS A RISK OF DISTURBANCE BUT MAY MAKE A GENERAL ASSESSMENT . WITHOUT BEING ENTITLED TO IGNORE THE RISK OF DEFLECTIONS OF TRADE , IT MUST NEVERTHELESS ENSURE THAT THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS IS LIMITED TO WHAT IS STRICTLY NECESSARY TO NEUTRALIZE THE EFFECTS OF CURRENCY FLUCTUATIONS , IN PARTICULAR IN THE CASE OF PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES UNDER A QUOTA AND FREE OF THE LEVY . THE COURT ' S REVIEW IS LIMITED TO EXAMINING WHETHER THE COMMISSION ' S EVALUATION IS VITIATED BY MANIFEST ERROR OR BY MISUSE OF POWERS OR WHETHER THE COMMISSION HAS EXCEEDED THE BOUNDS OF ITS DISCRETION . 2 . THERE EXISTS NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO NON-MEMBER COUNTRIES EQUAL TREATMENT IN ALL RESPECTS , NOR ANY RIGHT BY VIRTUE OF WHICH TRADERS MAY RELY ON THE PROHIBITION OF DISCRIMINATION WHERE THE DIFFERENCE OF TREATMENT BETWEEN TRADERS IS AN AUTOMATIC CONSEQUENCE OF THE DIFFERENT TREATMENT ACCORDED TO NON-MEMBER COUNTRIES .
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OFFICIALS - RECRUITMENT - APPOINTMENT TO A GRADE - RULES ADOPTED BY THE COMMISSION - APPOINTMENT TO THE UPPER GRADE IN A CAREER BRACKET - DISCRETIONARY POWER OF THE ADMINISTRATION

Summary

THE TENOR OF ARTICLE 3 OF THE COMMISSION' S DECISION OF 6 JUNE 1973 ON THE CRITERIA APPLICABLE TO GRADE AND STEP CLASSIFICATION UPON RECRUITMENT IS SUCH THAT THE APPOINTMENT OF A NEWLY RECRUITED OFFICIAL TO THE UPPER GRADE IN THE STARTING OR INTERMEDIATE CAREER BRACKET MUST BE CONSTRUED AS AN EXCEPTION TO THE GENERAL CLASSIFICATION RULES, AND AS A DECISION WHICH IN ANY EVENT LIES WITHIN THE DISCRETIONARY POWER OF THE ADMINISTRATION .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - NOTE 2 TO SECTION XVI - CLASSIFICATION OF PARTS OR DETACHED PIECES OF ELECTRICAL EQUIPMENT FOR EMITTING A SIGNAL

Summary

NOTE 2 IN CONJUNCTION WITH NOTE 5 TO SECTION XVI ( ' MACHINERY AND MECHANICAL APPLIANCES ; ELECTRICAL EQUIPMENT ' ) OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT PARTS OR DETACHED PIECES OF ELECTRICAL EQUIPMENT FOR EMITTING A SIGNAL WHICH ARE PRESENTED SEPARATELY FALL , PURSUANT TO PARAGRAPH ( B ) OF THE AFOREMENTIONED NOTE 2 , WITHIN THE SAME TARIFF HEADING AS THE EQUIPMENT IN QUESTION IF , BY VIRTUE OF THEIR FUNCTION THEY ARE INTENDED EXCLUSIVELY FOR THAT EQUIPMENT .
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FREEDOM OF MOVEMENT FOR PERSONS - WORKER - CONCEPT - BROAD INTERPRETATION - PURSUIT OF EFFECTIVE AND GENUINE ACTIVITIES AS AN EMPLOYED PERSON - CLAIM FOR FINANCIAL ASSISTANCE PAYABLE OUT OF PUBLIC FUNDS - IRRELEVANT

( EEC TREATY , ART . 48 )

Summary

THE TERMS ' WORKER ' AND ' ACTIVITY AS AN EMPLOYED PERSON ' DEFINE THE SPHERE OF APPLICATION OF ONE OF THE FUNDAMENTAL FREEDOMS GUARANTEED BY THE TREATY AND FOR THAT REASON MUST BE GIVEN A BROAD INTERPRETATION ; EXCEPTIONS TO AND DEROGATIONS FROM THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS , ON THE OTHER HAND , MUST BE INTERPRETED STRICTLY .

ACCORDINGLY , WHERE A NATIONAL OF A MEMBER STATE PURSUES AS AN EMPLOYED PERSON WITHIN THE TERRITORY OF ANOTHER MEMBER STATE ACTIVITIES WHICH MAY IN THEMSELVES BE REGARDED AS EFFECTIVE AND GENUINE WORK , THE FACT THAT HE CLAIMS FINANCIAL ASSISTANCE PAYABLE OUT OF THE PUBLIC FUNDS OF THE LATTER MEMBER STATE IN ORDER TO SUPPLEMENT THE INCOME HE RECEIVES FROM THOSE ACTIVITIES DOES NOT EXCLUDE HIM FROM THE PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS .