ddrg/super_eurlex huggingface dataset:
Keywords

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1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - SALARY STATEMENT NOT MENTIONING EXPATRIATION ALLOWANCE - EXCLUSION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - LEAVE FOR MILITARY SERVICE - PERFORMANCE OF COMPULSORY MILITARY SERVICE - RETENTION OF RIGHTS UNDER STAFF REGULATIONS

( STAFF REGULATIONS OF OFFICIALS , ART . 42 )

3 . OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - CONDITIONS FOR GRANT - HABITUAL RESIDENCE OUTSIDE THE MEMBER STATE TO WHICH OFFICIAL POSTED - PERFORMANCE OF COMPULSORY MILITARY SERVICE - INTERRUPTION OF PERIOD OF RESIDENCE - WHETHER PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ART . 69 ; ANNEX VII , ART . 4 ( 1 ) ( B )

Summary

1 . A LEGAL MEASURE SUFFICIENT IN ITSELF IS CONSTITUTED BY A DECISION OF THE ADMINISTRATION WHICH CONTAINS A REASONED RESPONSE TO THE REQUEST OF AN OFFICIAL RELATING TO THE GRANT OF THE EXPATRIATION ALLOWANCE , WHICH IN NO WAY REFERS TO AN ALLEGED PREVIOUS EXPRESS OR IMPLIED DECISION REFUSING TO GRANT THE ALLOWANCE CLAIMED BY THE PERSON CONCERNED . IN VIEW OF SUCH A MEASURE , THE ABSENCE FROM THE MONTHLY SALARY SLIP OF A STATEMENT REGARDING THE ALLOWANCE IN QUESTION CANNOT BE ASSIMILATED TO A DECISION UNDER THE STAFF REGULATIONS ( REFUSING THAT ALLOWANCE ) CAPABLE OF CAUSING THE TIME FOR LODGING AN APPEAL REFERRED TO BY ARTICLES 90 AND 91 OF THOSE REGULATIONS TO START TO RUN .

2 . IT IS CLEAR FROM ARTICLE 42 OF THE STAFF REGULATIONS THAT THE LATTER DO NOT ALLOW AN OFFICIAL , AS THE RESULT OF HIS PERFORMING COMPULSORY MILITARY SERVICE , TO LOSE RIGHTS WHICH HE WOULD BE ABLE TO CLAIM IN THE ABSENCE OF SUCH SERVICE AND THEREBY PRECLUDE THE POSSIBILITY THAT THE DUTY TO PERFORM MILITARY SERVICE MAY PROVIDE A GROUND FOR UNEQUAL TREATMENT OF OFFICIALS DEPENDING ON WHETHER OR NOT THEY ARE REQUIRED TO PERFORM SUCH SERVICE OR ON WHETHER OR NOT THEY MAY BENEFIT FROM PROVISIONS EXEMPTING THEM FROM IT .

3 . IT IS IMPOSSIBLE TO REGARD THE PERFORMANCE OF COMPULSORY MILITARY SERVICE AS A VALID REASON FOR INTERRUPTING THE PERIOD OF HABITUAL RESIDENCE REFERRED TO BY ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS . A PERSON COVERED BY THAT PROVISION WHO , BEFORE ENTERING THE SERVICE OF A COMMUNITY INSTITUTION , WAS OBLIGED TO LEAVE HIS HABITUAL RESIDENCE IN ORDER TO FULFIL HIS NATIONAL MILITARY DUTIES IS ENTITLED TO HAVE THE PERIOD THUS SPENT IN THE ARMED FORCES TAKEN INTO ACCOUNT FOR THE PURPOSE OF ESTABLISHING HIS ENTITLEMENT TO THE EXPATRIATION ALLOWANCE PROVIDED FOR BY ARTICLE 69 OF THE STAFF REGULATIONS .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - SEPARATED FOREQUARTERS OF BEEF OR VEAL FROM WHICH THE ATLAS BONE HAS BEEN REMOVED - CLASSIFICATION IN SUBHEADING 02.01 A II ( A ) 4 AA - APPLICATION OF THE CORRESPONDING MONETARY COMPENSATORY AMOUNTS

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS PAYABLE BY ANOTHER MEMBER STATE ON IMPORTATION - TARIFF CLASSIFICATION OF THE GOODS ADOPTED BY THE IMPORTING MEMBER STATE - BINDING ON THE EXPORTING MEMBER STATE - DISCREPANCY BETWEEN THE TARIFF CLASSIFICATIONS ADOPTED BY THE TWO STATES - COMPENSATORY AMOUNTS APPLICABLE ON EXPORTATION PAYABLE AT THE RATE WHICH CORRESPONDS TO THE CLASSIFICATION ADOPTED BY THE EXPORTING MEMBER STATE

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 A ; REGULATION NO 1380/75 OF THE COMMISSION , ARTS 10 A AND 11 ( 2 )

Summary

1 . THE PROVISIONS OF THE COMMON CUSTOMS TARIFF WHICH WERE IN FORCE DURING THE PERIOD FROM 20 MARCH 1978 TO 28 APRIL 1979 MUST BE INTERPRETED AS MEANING THAT FRESH OR CHILLED SEPARATED FOREQUARTERS OF BEEF OR VEAL FROM WHICH THE ATLAS BONE HAS BEEN REMOVED ARE TO BE CLASSIFIED IN SUBHEADING 02.01 A II ( A ) 4 AA AND TO BE SUBJECT TO THE MONETARY COMPENSATORY AMOUNT APPROPRIATE TO SUCH CLASSIFICATION .

2 . THE PROVISIONS OF REGULATION NO 1380/75 OF THE COMMISSION ARE TO BE INTERPRETED AS MEANING THAT THE EXPORTING MEMBER STATE WHICH PURSUANT TO THE RULES LAID DOWN IN ARTICLE 2 A OF REGULATION NO 974/71 OF THE COUNCIL AND WITH THE AGREEMENT OF THE IMPORTING MEMBER STATE , PAYS THE MONETARY COMPENSATORY AMOUNTS PAYABLE BY THE LATTER STATE , IS BOUND BY THE TARIFF CLASSIFICATION ADOPTED BY THE LATTER AND MUST PAY THE MONETARY COMPENSATORY AMOUNTS DUE FROM THE IMPORTING MEMBER STATE AT THE RATE WHICH CORRESPONDS TO THE TARIFF CLASSIFICATION ADOPTED BY THE LATTER , EVEN IF SUCH CLASSIFICATION IS SUBSEQUENTLY FOUND , IN THE LIGHT OF A COMMISSION REGULATION OR A DECISION OF THE COURT OF JUSTICE , TO BE INCONSISTENT WITH THE COMMON CUSTOMS TARIFF .

NONE THE LESS , THE EXPORTING MEMBER STATE IS NOT EMPOWERED TO PAY TRADERS THE DIFFERENCE BETWEEN THE MONETARY COMPENSATORY AMOUNT APPLICABLE ON EXPORT WHICH CORRESPONDS TO THE TARIFF CLASSIFICATION MADE BY THAT MEMBER STATE , AND THE LOWER MONETARY COMPENSATORY AMOUNT ON EXPORT , WHICH CORRESPONDS TO THE TARIFF CLASSIFICATION APPLIED ON IMPORT BY THE IMPORTING MEMBER STATE .
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1 . MEASURES ADOPTED BY INSTITUTIONS - TEMPORAL APPLICABILITY - PROCEDURAL RULES - SUBSTANTIVE RULES - DISTINCTION - RETROACTIVITY OF A SUBSTANTIVE RULE - CONDITIONS

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - POST-CLEARANCE RECOVERY OF IMPORT DUTIES OR EXPORT DUTIES - REGULATION NO 1697/79 - RETROACTIVITY - NONE

( COUNCIL REGULATION NO 1697/79 )

Summary

1 . ALTHOUGH PROCEDURAL RULES ARE GENERALLY HELD TO APPLY TO ALL PROCEEDINGS PENDING AT THE TIME WHEN THEY ENTER INTO FORCE , THIS IS NOT THE CASE WITH SUBSTANTIVE RULES . ON THE CONTRARY , THE LATTER ARE USUALLY INTERPRETED AS APPLYING TO SITUATIONS EXISTING BEFORE THEIR ENTRY INTO FORCE ONLY IN SO FAR AS IT CLEARLY FOLLOWS FROM THEIR TERMS , OBJECTIVES OR GENERAL SCHEME THAT SUCH AN EFFECT MUST BE GIVEN TO THEM . THIS INTERPRETATION ENSURES RESPECT FOR THE PRINCIPLES OF LEGAL CERTAINTY AND THE PROTECTION OF LEGITIMATE EXPECTATION , BY VIRTUE OF WHICH THE EFFECT OF COMMUNITY LEGISLATION MUST BE CLEAR AND PREDICTABLE FOR THOSE WHO ARE SUBJECT TO IT .

2 . REGULATION NO 1697/79 ON THE POST-CLEARANCE RECOVERY OF IMPORT DUTIES OR EXPORT DUTIES WHICH HAVE NOT BEEN REQUIRED OF THE PERSON LIABLE FOR PAYMENT ON GOODS ENTERED FOR A CUSTOMS PROCEDURE INVOLVING THE OBLIGATION TO PAY SUCH DUTIES DOES NOT APPLY TO PAYMENT OF IMPORT OR EXPORT DUTIES MADE BEFORE THE DATE OF ITS ENTRY INTO FORCE , NAMELY 1 JULY 1980 .
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Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING AN EQUIVALENT EFFECT - GOODS IMPORTED FROM OTHER MEMBER STATES - ADVANCE PAYMENT IN FOREIGN CURRENCY - PROVISION OF SECURITY OR BANK GUARANTEE - APPLICATION TO TRANSACTIONS OTHER THAN THOSE FOR SPECULATIVE PURPOSES - NOT PERMISSIBLE

( EEC TREATY , ART . 30 )

2.FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING AN EQUIVALENT EFFECT - CONCEPT - SAME MEANING IN THE TREATY AND THE AGRICULTURAL REGULATIONS FOR BOTH TRADE BETWEEN MEMBER STATES AND TRADE WITH NON-MEMBER COUNTRIES

( REGULATION NO 120/67/EEC OF THE COUNCIL , ART . 18 ( 2 ), AND REGULATION NO 827/68 OF THE COUNCIL , ART . 2 )

Summary

1 . THE CONCEPT OF MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION IN ARTICLE 30 OF THE TREATY IS TO BE UNDERSTOOD AS MEANING THAT THAT PROVISION COVERS A NATIONAL MEASURE REQUIRING ALL IMPORTERS OF GOODS COMING FROM OTHER MEMBER STATES TO PROVIDE A SECURITY OR A BANK GUARANTEE AMOUNTING TO 5% OF THE VALUE OF THE GOODS WHEN PAYMENT IS IN ADVANCE , THE WORDS ' ' PAYMENT IN ADVANCE ' ' REFERRING NOT ONLY TO PAYMENTS FOR SPECULATIVE PURPOSES BUT ALSO TO NORMAL AND CURRENT PAYMENTS IN INTRA-COMMUNITY TRANSACTIONS . THAT APPLIES REGARDLESS OF THE POINT IN TIME AT WHICH THE AUTHORITIES OF THE MEMBER STATE CONSIDER THE IMPORTATION TO HAVE BEEN EFFECTED .

2.THE CONCEPT OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS HAS THE SAME MEANING WHEN APPLIED TO IMPORTS FROM NON- MEMBER COUNTRIES OF PRODUCTS COVERED BY REGULATIONS NOS 120/67 AND 827/68 AS IT HAS WHEN APPLIED TO TRADE BETWEEN MEMBER STATES .
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1 . INTERNATIONAL AGREEMENTS - AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC - DIFFERENT PURPOSE FROM THAT OF THE EEC TREATY - PROVISIONS OF THE TREATY GOVERNING THE RELATIONSHIP BETWEEN INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS AND THE FREE MOVEMENT OF GOODS - INTERPRETATION GIVEN BY THE COURT - TRANSPOSITION TO THE PROVISIONS OF THE AGREEMENT - NOT POSSIBLE

( EEC TREATY , ARTS 30 AND 36 ; AGREEMENT BETWEEN THE EEC AND PORTUGAL OF 22 JULY 1972 , ARTS 14 ( 2 ) AND 23 )

2 . INTERNATIONAL AGREEMENTS - AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC - RESTRICTIONS ON TRADE JUSTIFIED ON THE GROUND OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY - COPYRIGHT - ATTEMPT BY THE COPYRIGHT OWNER TO RESTRAIN THE IMPORTATION INTO A MEMBER STATE OF PROTECTED PRODUCTS PLACED ON THE MARKET IN PORTUGAL BY THE OWNER ' S LICENSEE - PERMISSIBLE

( AGREEMENT BETWEEN THE EEC AND PORTUGAL OF 22 JULY 1972 , ARTS 14 ( 2 ) AND 23 )

Summary

1 . THE SIMILARITY BETWEEN THE TERMS USED IN ARTICLES 30 AND 36 OF THE EEC TREATY , ON THE ONE HAND , AND ARTICLES 14 ( 2 ) AND 23 OF THE AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC , ON THE OTHER , IS NOT A SUFFICIENT REASON FOR TRANSPOSING TO THE PROVISIONS OF THE AGREEMENT THE CASE-LAW OF THE COURT WHICH DETERMINES IN THE CONTEXT OF THE COMMUNITY THE RELATIONSHIP BETWEEN THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS AND THE RULES ON THE FREE MOVEMENT OF GOODS .

ALTHOUGH IT MAKES PROVISION FOR THE UNCONDITIONAL ABOLITION OF CERTAIN RESTRICTIONS ON TRADE BETWEEN THE COMMUNITY AND PORTUGAL , SUCH AS QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT , THE AGREEMENT DOES NOT HAVE THE SAME PURPOSE AS THE EEC TREATY , INASMUCH AS THE LATTER SEEKS TO UNITE NATIONAL MARKETS INTO A SINGLE MARKET REPRODUCING AS CLOSELY AS POSSIBLE THE CONDITIONS OF A DOMESTIC MARKET . IT FOLLOWS THAT IN THE CONTEXT OF THE AGREEMENT RESTRICTIONS ON TRADE IN GOODS MAY BE CONSIDERED TO BE JUSTIFIED ON THE GROUND OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY IN A SITUATION IN WHICH THEIR JUSTIFICATION WOULD NOT BE POSSIBLE WITHIN THE COMMUNITY .

2 . THE ENFORCEMENT BY THE PROPRIETOR OR BY PERSONS ENTITLED UNDER HIM OF COPYRIGHTS PROTECTED BY THE LAW OF A MEMBER STATE AGAINST THE IMPORTATION AND MARKETING OF GRAMOPHONE RECORDS LAWFULLY MANUFACTURED AND PLACED ON THE MARKET IN THE PORTUGUESE REPUBLIC BY LICENSEES OF THE PROPRIETOR IS JUSTIFIED ON THE GROUND OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY WITHIN THE MEANING OF ARTICLE 23 OF THE AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC AND THEREFORE DOES NOT CONSTITUTE A RESTRICTION ON TRADE SUCH AS IS PROHIBITED BY ARTICLE 14 ( 2 ) OF THE AGREEMENT . SUCH ENFORCEMENT DOES NOT CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN THE COMMUNITY AND PORTUGAL WITHIN THE MEANING OF THE SAID ARTICLE 23 .
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PROCEDURE - APPLICATION FOR REVISION OF A JUDGMENT - CONDITIONS FOR THE ADMISSIBILITY THEREOF - FACT OF SUCH A NATURE AS TO BE A DECISIVE FACTOR

( STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 41 )
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1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - MEASURES OPEN TO CHALLENGE - CONCEPT - MEASURES PRODUCING BINDING LEGAL EFFECTS - PREPARATORY MEASURES - EXCLUSION

( EEC TREATY , ARTS 173 AND 189 )

2 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - MEASURES OPEN TO CHALLENGE - CONCEPT - INITIATION OF A PROCEDURE FOR A DECLARATION THAT THE RULES ON COMPETITION HAVE BEEN INFRINGED - STATEMENT OF OBJECTIONS - EXCLUSION

( EEC TREATY , ART . 173 ; REGULATION NO 17 OF THE COUNCIL , ART . 3 ; REGULATION NO 99/63 OF THE COMMISSION , ART . 2 )

3 . COMPETITION - ADMINISTRATIVE PROCEDURE - STATEMENT OF OBJECTIONS - EFFECTS - DIFFERENCE AS AGAINST THE COMMUNICATION REFERRED TO IN ARTICLE 15 ( 6 ) OF REGULATION NO 17

( REGULATION NO 17 OF THE COUNCIL , ART . 15 ( 6 ); REGULATION NO 99/63 OF THE COMMISSION , ART . 2 )

Summary

1 . IN ORDER TO ASCERTAIN WHETHER MEASURES ARE ACTS WITHIN THE MEANING OF ARTICLE 173 IT IS NECESSARY TO LOOK TO THEIR SUBSTANCE , AS THE FORM IN WHICH THEY ARE CAST IS , IN PRINCIPLE , IMMATERIAL IN THIS RESPECT .

MEASURES PRODUCING BINDING LEGAL EFFECTS OF SUCH A KIND AS TO AFFECT THE APPLICANT ' S INTERESTS BY CLEARLY ALTERING HIS LEGAL POSITION CONSTITUTE ACTS OR DECISIONS OPEN TO CHALLENGE BY AN APPLICATION FOR A DECLARATION THAT THEY ARE VOID .

MEASURES OF A PURELY PREPARATORY CHARACTER MAY NOT THEMSELVES BE THE SUBJECT OF AN APPLICATION FOR A DECLARATION THAT THEY ARE VOID .

2 . NEITHER THE INITATION OF A PROCEDURE FOR A DECLARATION THAT THE COMMUNITY RULES ON COMPETITION HAVE BEEN INFRINGED NOR A STATEMENT OF OBJECTIONS MAY BE CONSIDERED , ON THE BASIS OF THEIR NATURE AND THE LEGAL EFFECTS THEY PRODUCE , AS BEING DECISIONS WITHIN THE MEANING OF ARTICLE 173 OF THE EEC TREATY WHICH MAY BE CHALLENGED IN AN ACTION FOR A DECLARATION THAT THEY ARE VOID . IN THE CONTEXT OF THE ADMINISTRATIVE PROCEDURE AS LAID DOWN BY REGULATIONS NO 17 AND NO 99/63 , THEY ARE PROCEDURAL MEASURES ADOPTED PREPARATORY TO THE DECISION WHICH REPRESENTS THEIR CULMINATION .

3 . A STATEMENT OF OBJECTIONS DOES NOT COMPEL THE UNDERTAKING CONCERNED TO ALTER OR RECONSIDER ITS MARKETING PRACTICES AND IT DOES NOT HAVE THE EFFECT OF DEPRIVING IT OF THE PROTECTION HITHERTO AVAILABLE TO IT AGAINST THE APPLICATION OF A FINE , AS IS THE CASE WHEN THE COMMISSION INFORMS AN UNDERTAKING , PURSUANT TO ARTICLE 15 ( 6 ) OF REGULATION NO 17 , OF THE RESULTS OF THE PRELIMINARY EXAMINATION OF AN AGREEMENT WHICH HAS BEEN NOTIFIED BY THE UNDERTAKING . WHILST A STATEMENT OF OBJECTIONS MAY HAVE THE EFFECT OF SHOWING THE UNDERTAKING IN QUESTION THAT IT IS INCURRING A REAL RISK OF BEING FINED BY THE COMMISSION , THAT IS MERELY A CONSEQUENCE OF FACT , AND NOT A LEGAL CONSEQUENCE WHICH THE STATEMENT OF OBJECTIONS IS INTENDED TO PRODUCE .
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1 . SOCIAL POLICY - MEN AND WOMEN - PAY - EQUALITY - PRINCIPLE - DISCRIMINATION ARISING FROM TRAVEL FACILITIES PROVIDED FOR FORMER EMPLOYEES AFTER RETIREMENT

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY , MEN AND WOMEN - PAY - EQUALITY - PRINCIPLE - DIRECT EFFECT - DISCRIMINATION BASED ON DIFFERENCE OF SEX CAPABLE OF BEING ESTABLISHED BY NATIONAL COURT

( EEC TREATY , ART . 119 )

Summary

1 . THE FACT THAT AN EMPLOYER ( ALTHOUGH NOT BOUND TO DO SO BY CONTRACT ) PROVIDES SPECIAL TRAVEL FACILITIES FOR FORMER MALE EMPLOYEES TO ENJOY AFTER THEIR RETIREMENT CONSTITUTES DISCRIMINATION WITHIN THE MEANING OF ARTICLE 119 AGAINST FORMER FEMALE EMPLOYEES WHO DO NOT RECEIVE THE SAME FACILITIES .

2 . WHERE A NATIONAL COURT IS ABLE , USING THE CRITERIA OF EQUAL WORK AND EQUAL PAY , WITHOUT THE OPERATION OF COMMUNITY OR NATIONAL MEASURES , TO ESTABLISH THAT THE GRANT BY AN EMPLOYER OF SPECIAL TRAVEL FACILITIES SOLELY TO RETIRED MALE EMPLOYEES REPRESENTS DISCRIMINATION BASED ON DIFFERENCE OF SEX , THE PROVISIONS OF ARTICLE 119 OF THE TREATY APPLY DIRECTLY TO SUCH A SITUATION .
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PRELIMINARY QUESTIONS - REFERENCE TO THE COURT - NATIONAL COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 OF THE TREATY - CONCEPT - ARBITRATION TRIBUNAL - EXCLUSION - CONDITIONS - QUESTIONS OF COMMUNITY LAW RAISED BEFORE THE ARBITRATION TRIBUNAL - EXAMINATION BY THE NATIONAL COURTS - RIGHT OF REFERENCE TO THE COURT BY THE LATTER

( EEC TREATY , ART . 177 )

Summary

AN ARBITRATOR WHO IS CALLED UPON TO DECIDE A DISPUTE BETWEEN THE PARTIES TO A CONTRACT UNDER A CLAUSE INSERTED IN THAT CONTRACT IS NOT TO BE CONSIDERED AS A ' ' COURT OR TRIBUNAL OF A MEMBER STATE ' ' WITHIN THE MEANING OF ARTICLE 177 OF THE TREATY WHERE THE CONTRACTING PARTIES ARE UNDER NO OBLIGATION , IN LAW OR IN FACT , TO REFER THEIR DISPUTES TO ARBITRATION AND WHERE THE PUBLIC AUTHORITIES IN THE MEMBER STATE CONCERNED ARE NOT INVOLVED IN THE DECISION TO OPT FOR ARBITRATION AND ARE NOT CALLED UPON TO INTERVENE AUTOMATICALLY IN THE PROCEEDINGS BEFORE THE ARBITRATOR .

IF IN THE COURSE OF ARBITRATION RESORTED TO BY AGREEMENT BETWEEN THE PARTIES QUESTIONS OF COMMUNITY LAW ARE RAISED WHICH THE ORDINARY COURTS MAY BE CALLED UPON TO EXAMINE EITHER IN THE CONTEXT OF THEIR COLLABORATION WITH ARBITRATION TRIBUNALS OR IN THE COURSE OF A REVIEW OF AN ARBITRATION AWARD , IT IS FOR THOSE COURTS TO ASCERTAIN WHETHER IT IS NECESSARY FOR THEM TO MAKE A REFERENCE TO THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY IN ORDER TO OBTAIN THE INTERPRETATION OR ASSESSMENT OF THE VALIDITY OF PROVISIONS OF COMMUNITY LAW WHICH THEY MAY NEED TO APPLY IN EXERCISING SUCH FUNCTIONS .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PROOF OF FAILURE - NON-COMPLIANCE WITH THE OBLIGATION TO PROVIDE INFORMATION IMPOSED BY A DIRECTIVE - PRESUMPTION OF NON-IMPLEMENTATION OF THE DIRECTIVE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2 . MEASURES ADOPTED BY THE INSTITUTION - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATE - ADOPTION OF BINDING NATIONAL PROVISIONS - IMPLEMENTATION BY WAY OF ADMINISTRATIVE PRACTICES - INADEQUACY

( EEC TREATY , ART . 169 )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 169 OF THE EEC TREATY FOR FAILURE TO FULFIL AN OBLIGATION IT IS INCUMBENT UPON THE COMMISSION TO PROVE THE ALLEGATION THAT THE OBLIGATION HAS NOT BEEN FULFILLED . IT IS THE COMMISSION ' S RESPONSIBILITY TO PLACE BEFORE THE COURT THE INFORMATION NEEDED TO ENABLE THE COURT TO ESTABLISH THAT THE OBLIGATION HAS NOT BEEN FULFILLED , AND IN DOING SO THE COMMISSION MAY NOT RELY ON ANY PRESUMPTION .

IF A DIRECTIVE IMPOSES ON THE MEMBER STATES THE OBLIGATION TO INFORM THE COMMISSION ABOUT THE BRINGING INTO FORCE OF THE NATIONAL PROVISIONS NEEDED TO COMPLY WITH THE DIRECTIVE , THE FAILURE OF A MEMBER STATE TO FULFIL THAT OBLIGATION , WHETHER BY PROVIDING NO INFORMATION AT ALL OR BY PROVIDING INSUFFICIENTLY CLEAR AND PRECISE INFORMATION , MAY OF ITSELF JUSTIFY RECOURSE TO THE PROCEDURE UNDER ARTICLE 169 OF THE EEC TREATY IN ORDER TO ESTABLISH THE FAILURE TO FULFIL THE OBLIGATION , BUT IT DOES NOT ENTITLE THE COMMISSION TO PRESUME THAT THE OBLIGATION TO BRING INTO FORCE THE MEASURES FOR IMPLEMENTING THE DIRECTIVE HAS NOT BEEN FULFILLED .

2 . ALTHOUGH EACH MEMBER STATE IS FREE TO DELEGATE POWERS TO ITS DOMESTIC AUTHORITIES AS IT CONSIDERS FIT AND TO IMPLEMENT THE DIRECTIVE BY MEANS OF MEASURES ADOPTED BY REGIONAL OR LOCAL AUTHORITIES , IT MAY NOT HOWEVER BE RELEASED FROM THE OBLIGATION TO GIVE EFFECT TO THE PROVISIONS OF THE DIRECTIVE BY MEANS OF NATIONAL PROVISIONS OF A BINDING NATURE . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE ALTERED AT THE WHIM OF THE ADMINISTRATION , MAY NOT BE CONSIDERED AS CONSTITUTING THE PROPER FULFILMENT OF THE OBLIGATION DERIVING FROM THE DIRECTIVE IN QUESTION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - FROZEN MEAT INTENDED FOR PROCESSING - IMPORTATION SUBJECT TO SUSPENSION OF THE LEVY - TIME-LIMIT FOR PROCESSING - FAILURE TO OBSERVE - FORFEITURE OF SECURITY BY WAY OF LEVY - BREACH OF PRINCIPLE OF PROPORTIONALITY - NONE

( COMMISSION REGULATION NO 572/78 , ART . 1 ( 3 ))

Summary

WHILST SPECIAL ARRANGEMENTS FOR THE IMPORTATION , SUBJECT TO SUSPENSION OF THE LEVY , OF CERTAIN FROZEN MEAT INTENDED FOR PROCESSING IS INTENDED TO GUARANTEE ADEQUATE SUPPLIES FOR THE PROCESSING INDUSTRIES IN THE COMMUNITY , THAT MUST NOT BE AT THE EXPENSE OF THE FUNDAMENTAL PRINCIPLE OF PREFERENCE FOR COMMUNITY-PRODUCED MEAT .

SINCE THE COMMUNITY MARKET IS CAPABLE OF DEVELOPING RELATIVELY SWIFTLY , COMMUNITY PREFERENCE CANNOT BE GUARANTEED IF A TIME-LIMIT FOR PROCESSING IS NOT PRESCRIBED FOR UNDERTAKINGS QUALIFYING FOR SUSPENSION OF THE LEVY ON IMPORTS . FAILURE TO CARRY OUT THE PROCESSING WITHIN THE PERIOD LAID DOWN THUS DIRECTLY JEOPARDIZES THE OBJECTIVES PURSUED BY THE SYSTEM AND THE PENALTY ATTACHED TO IT , NAMELY FORFEITURE OF THE SECURITY BY WAY OF LEVY , IS BY NO MEANS DISPROPORTIONATE .
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JURISDICTION OF THE COURT - ARBITRATION CLAUSE - CONTRACTUAL RELATIONSHIP BASED ON SUCCESSIVE CONTRACTS - REPLACEMENT OF AN ORAL CONTRACT BY ANNUAL WRITTEN CONTRACTS - ABSENCE OF ANY ARBITRATION CLAUSE IN THE FIRST WRITTEN CONTRACTS - ARBITRATION CLAUSE INCLUDED IN EACH OF THE CONTRACTS SIGNED SUBSEQUENTLY - CONSIDERATION BY THE COURT OF ALL THE CONTRACTS SUCCESSIVELY ENTERED INTO

( ECSC TREATY , ART . 42 ; EEC TREATY , ART . 181 ; EAEC TREATY , ART . 153 )

Summary

IN SO FAR AS THE JURISDICTION OF THE COURT OF JUSTICE IS BASED ON AN ARBITRATION CLAUSE CONTAINED IN EACH OF THE ANNUAL CONTRACTS SIGNED AS FROM A PARTICULAR YEAR , THE FACT THAT THE SAME CLAUSE DOES NOT APPEAR IN THE PREVIOUS CONTRACTS AND THAT , AS REGARDS THE FIRST YEARS OF THE RELATIONSHIP , THERE WERE NOT EVEN ANY WRITTEN CONTRACTS IS NO OBSTACLE TO THE COURT ' S HAVING REGARD , IN ITS ASSESSMENT OF THE RELATIONS BETWEEN THE PARTIES , TO ALL THE CONTRACTS SUCCESSIVELY ENTERED INTO .
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1 . BALANCE OF PAYMENTS - PROVISIONS OF THE TREATY - ARTICLE 104 - SCOPE - POWERS OF THE MEMBER STATES - LIMITS

( EEC TREATY , ART . 104 )

2 . FREE MOVEMENT OF GOODS - EXCEPTIONS - ARTICLE 36 OF THE TREATY - STRICT INTERPRETATION - SCOPE

( EEC TREATY , ART . 36 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING AN EQUIVALENT EFFECT - GOODS IMPORTED FROM OTHER MEMBER STATES - ADVANCE PAYMENT IN FOREIGN CURRENCY - PROVISION OF SECURITY OR BANK GUARANTEE - APPLICATION TO TRANSACTIONS OTHER THAN THOSE FOR SPECULATIVE PURPOSES - NOT PERMISSIBLE

( EEC TREATY , ART . 30 )

Summary

1 . THE SCOPE OF ARTICLE 104 OF THE TREATY MUST BE APPRAISED IN THE LIGHT OF THE SYSTEM AS A WHOLE OF THE CHAPTER ON THE BALANCE OF PAYMENTS . WITHIN THE FRAMEWORK OF THAT CHAPTER ARTICLE 104 MERELY SETS OUT THE GENERAL OBJECTIVES OF THE ECONOMIC POLICY WHICH THE MEMBER STATES MUST PURSUE , REGARD BEING HAD TO THEIR MEMBERSHIP OF THE COMMUNITY . IT ACCORDINGLY MAY NOT BE INVOKED IN ORDER TO DEROGATE FROM THE OTHER PROVISIONS OF THE TREATY .

2 . ARTICLE 36 OF THE TREATY MUST BE STRICTLY INTERPRETED AND THE EXCEPTIONS WHICH IT LISTS MAY NOT BE EXTENDED TO CASES OTHER THAN THOSE WHICH HAVE BEEN EXHAUSTIVELY LAID DOWN ; ARTICLE 36 REFERS TO MATTERS OF A NON-ECONOMIC NATURE .

3 . NATIONAL RULES WHICH REQUIRE ALL IMPORTERS OF GOODS COMING FROM OTHER MEMBER STATES TO PROVIDE A SECURITY OR A BANK GUARANTEE AMOUNTING TO 5% OF THE VALUE OF THE GOODS WHEN PAYMENT IS IN ADVANCE , THE EXPRESSION ' ' PAYMENT IN ADVANCE ' ' REFERRING NOT ONLY TO PAYMENTS FOR SPECULATIVE PURPOSES BUT ALSO TO NORMAL AND CURRENT PAYMENTS IN INTRA- COMMUNITY TRANSACTIONS , CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - GENERAL RULE 2 ( A ) - ARTICLE IMPORTED UNASSEMBLED OR DISASSEMBLED - CONCEPT - FRUIT-JUICE CONCENTRATES AND FLAVOUR CONCENTRATES - PRODUCTS NOT COVERED BY THAT CONCEPT

Summary

THE SECOND SENTENCE OF RULE 2 ( A ) OF THE GENERAL RULES FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT MAHALEB-CHERRY CONCENTRATE AND BLACK-CURRANT CONCENTRATE , ON THE ONE HAND , AND , ON THE OTHER , MAHALEB-CHERRY FLAVOUR CONCENTRATE AND BLACK-CURRANT FLAVOUR CONCENTRATE , EXTRACTED FROM THOSE FRUITS MAY NOT BE REGARDED AS ARTICLES IMPORTED UNASSEMBLED OR DISASSEMBLED , EVEN IF THE FRUIT-JUICE CONCENTRATES AND FLAVOUR CONCENTRATES , DEALT IN AT THE SAME PRICE , ARE MIXED TOGETHER AGAIN IMMEDIATELY BEFORE USE OR BOTTLING .