ddrg/super_eurlex huggingface dataset:
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1 . ECSC - PRICES - PRICE LISTS - OBLIGATION TO PUBLISH - OBJECTIVE - SCOPE

( ECSC TREATY , ART . 60 ( 2 ) ( A ))

2 . ECSC - PRICES - PRICE LISTS - AMENDMENTS - OBLIGATION TO COMMUNICATE - SCOPE

( ECSC TREATY , ART . 60 ( 2 ) ( A ))

3 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT - DEFINITION - RULES

4 . ECSC - PRICES - LIST PRICES - ALIGNMENT - PERMISSIBLE - CONDITIONS

( ECSC TREATY , ART . 60 ( 2 ) ( B ))

5 . ECSC - PRICES - INFRINGEMENT OF THE RELEVANT PROVISIONS OF THE TREATY - FINES - FIXING - RULES

( ECSC TREATY , ART . 64 )

Summary

1 . THE PURPOSE OF PUBLICATION OF PRICE LISTS AND CONDITIONS OF SALE , FOR WHICH PROVISION IS MADE IN ARTICLE 60 ( 2 ) ( A ) OF THE ECSC TREATY , IS AS FAR AS POSSIBLE TO PREVENT PROHIBITED PRACTICES , TO ENABLE PURCHASERS TO LEARN EXACTLY WHAT PRICES WILL BE CHARGED AND BE ABLE THEMSELVES TO CHECK WHETHER ANY DISCRIMINATION HAS TAKEN PLACE AND TO ENABLE UNDERTAKINGS TO HAVE AN ACCURATE KNOWLEDGE OF THE PRICES OF THEIR COMPETITORS SO AS TO ENABLE THEM TO ALIGN THEIR PRICES . THAT PRINCIPLE OF COMPULSORY PUBLICATION IS OF A GENERAL NATURE AND IN NO WAY DEPENDS UPON THE SHORT-TERM ECONOMIC SITUATION .

2 . IT IS CLEAR FROM ARTICLE 60 ( 2 ) ( A ) OF THE ECSC TREATY THAT UNDERTAKINGS ARE OBLIGED TO NOTIFY THE COMMISSION OF ANY AMENDMENT TO THEIR PRICE LISTS , SUBJECT TO CIRCUMSTANCES OF FORCE MAJEURE .

3 . THE CONCEPT OF FORCE MAJEURE MUST BE DEFINED IN EACH CASE IN TERMS OF THE LEGAL FRAMEWORK WITHIN WHICH ITS APPLICATION IS INVOKED .

4 . IT IS CLEAR FROM ARTICLE 60 ( 2 ) ( B ) OF THE ECSC TREATY THAT ALIGNMENT CONSTITUTES AN EXCEPTION TO THE PRINCIPLE CONCERNING LIST PRICES AND THAT THE OFFER MADE TO THE CUSTOMER MUST BE ALIGNED ON A PRICE LIST BASED ON ANOTHER POINT WHICH SECURES THE BUYER MORE ADVANTAGEOUS TERMS . ALIGNMENT IS ACCORDINGLY PROHIBITED BETWEEN UNDERTAKINGS QUOTING ON THE BASIS OF THE SAME BASING POINTS . THAT PROHIBITION , WHICH HAS REGARD FOR THE GENERAL SYSTEM OF THE TREATY , IS INTENDED TO ENSURE COMPLIANCE WITH THE OBLIGATION TO MAKE PUBLIC PRICE LISTS AND CONDITIONS OF SALE AND TO MAINTAIN THE TRANSPARENCY OF THE MARKET .

5 . IN FIXING A FINE PURSUANT TO ARTICLE 64 OF THE ECSC TREATY THE COMMISSION AND THE COURT MUST TAKE ACCOUNT OF THE SERIOUSNESS OF THE INFRINGEMENT .

TO THAT END , IN THE CASE OF AN INFRINGEMENT OF THE OBLIGATION TO PUBLISH PRICE LISTS , ACCOUNT MUST BE TAKEN , WHERE APPROPRIATE , OF THE FACT THAT IN TIMES OF DISTURBANCE , ENTAILING RAPID CHANGES IN PRICES , THE PUBLICATION OF PRICE LISTS CANNOT SO EFFECTIVELY ENSURE THE TRANSPARENCY OF THE MARKET AS IN A PERIOD OF RELATIVE STABILITY , SO THAT THE DAMAGE CAUSED BY THE INFRINGEMENT APPEARS LESS SERIOUS THAN IF IT HAD TAKEN PLACE IN LESS UNSETTLED TIMES .
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1 . EUROPEAN COMMUNITIES - OWN RESOURCES - SYSTEM - PRINCIPLES - EQUALITY OF TREATMENT

( EEC TREATY , ART . 201 ; COUNCIL DECISION OF 21 APRIL 1970 )

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - EXPORT REFUNDS WRONGLY MADE - REPAYMENT - DISPUTES - JURISDICTION OF THE NATIONAL COURTS - REQUIREMENT OF CO-OPERATION

( EEC TREATY , ART . 5 ; REGULATION NO 729/70 OF THE COUNCIL , ART . 8 )

3 . EUROPEAN COMMUNITIES - OWN RESOURCES - EXPORT REFUNDS WRONGLY MADE - REPAYMENT - APPLICATION OF NATIONAL LAW - PRINCIPLE OF LEGAL CERTAINTY - APPLICABILITY - CONDITIONS

( REGULATION NO 1957/69 OF THE COMMISSION , ART . 6 ( 5 ))

Summary

1 . THE GENERAL ARRANGEMENTS REGARDING THE FINANCIAL PROVISIONS OF THE TREATY ARE GOVERNED BY THE GENERAL PRINCIPLE OF EQUALITY WHICH REQUIRES THAT COMPARABLE SITUATIONS MAY NOT BE TREATED DIFFERENTLY UNLESS DIFFERENCE OF TREATMENT IS OBJECTIVELY JUSTIFIED .

IT FOLLOWS THAT THE REVENUES WHICH ARE CONTRIBUTED TO THE COMMUNITY BUDGET AND THE FINANCIAL ADVANTAGES CHARGED THERETO MUST BE SO ARRANGED AND APPLIED AS TO CONSTITUTE A UNIFORM BURDEN OR CONFER UNIFORM BENEFITS ON ALL PERSONS WHO MEET THE CONDITIONS SPECIFIED IN THE COMMUNITY PROVISIONS ON SUCH BURDENS OR ADVANTAGES .

2 . DISPUTES IN CONNEXION WITH THE REIMBURSEMENT OF AMOUNTS COLLECTED FOR THE COMMUNITY ARE THUS A MATTER FOR THE NATIONAL COURTS AND MUST BE SETTLED BY THEM UNDER NATIONAL LAW IN SO FAR AS NO PROVISIONS OF COMMUNITY LAW ARE RELEVANT . IN THOSE CIRCUMSTANCES IT IS FOR THE COURTS OF THE MEMBER STATES TO PROVIDE , IN PURSUANCE OF THE REQUIREMENT OF CO-OPERATION EMBODIED IN ARTICLE 5 OF THE DIRECT EFFECT OF THE COMMUNITY PROVISIONS BOTH WHEN SUCH PROVISIONS CREATE OBLIGATIONS FOR THE SUBJECT AND WHEN THEY CONFER RIGHTS ON HIM . IT IS THUS FOR THE NATIONAL LEGAL SYSTEM OF EACH MEMBER STATE TO DETERMINE THE COURTS HAVING JURISDICTION AND TO FIX THE PROCEDURES FOR APPLICATIONS TO THE COURTS INTENDED TO PROTECT THE RIGHTS WHICH THE SUBJECT OBTAINS THROUGH THE DIRECT EFFECT OF COMMUNITY LAW BUT SUCH PROCEDURES MAY NOT BE LESS FAVOURABLE THAN THOSE IN SIMILAR PROCEDURES CONCERNING INTERNAL MATTERS AND MAY IN NO CASE BE LAID DOWN IN SUCH A WAY AS TO RENDER IMPOSSIBLE IN PRACTICE THE EXERCISE OF THE RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

SUCH CONSIDERATIONS APPLY BOTH WHERE THERE IS AN EXPRESS REFERENCE TO NATIONAL LAWS AS THERE IS IN ARTICLE 8 OF REGULATION NO 729/70 , AND WHERE AN IMPLIED REFERENCE IS MADE TO SUCH LAWS .

3 . COMMUNITY LAW IN ITS PRESENT STATE AND ARTICLE 6 ( 5 ) OF REGULATION NO 1957/69 IN PARTICULAR DO NOT PRECLUDE THE APPLICATION , IN PROCEEDINGS CONCERNING THE RECOVERY BY THE AUTHORITIES OF THE MEMBER STATES OF SUMS PAID IN ERROR AS EXPORT REFUNDS TO TRADERS , OF A PRINCIPLE OF LEGAL CERTAINTY BASED ON NATIONAL LAW WHEREBY FINANCIAL BENEFITS GRANTED IN ERROR BY THE PUBLIC AUTHORITIES MAY NOT BE RECOVERED IF THE ERROR COMMITTED WAS NOT DUE TO INCORRECT INFORMATION SUPPLIED BY THE BENEFICIARY OR IF SUCH ERROR , DESPITE THE FACT THAT THE INFORMATION SUPPLIED WAS INCORRECT THOUGH SUPPLIED IN GOOD FAITH , COULD EASILY HAVE BEEN AVOIDED .
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1 . ACTIONS FOR ANNULMENT - NATURAL OR LEGAL PERSONS - ACTS OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION ADOPTED IN THE FORM OF A REGULATION - PURPOSE OF INSTITUTING PROCEEDINGS

( EEC TREATY , SECOND PARA . OF ART . 173 )

2 . ACTS OF THE INSTITUTIONS - LEGAL NATURE - REGULATION OR DECISION - DISTINCTION - CRITERIA

( EEC TREATY , ART . 189 )

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - REFUNDS ON EXPORTS OF SUGAR AWARDED IN NATIONAL CURRENCY - APPLICATION OF THE MONETARY COEFFICIENT - PURPOSE

( COMMISSION REGULATIONS ( EEC ) NOS 1182/78 , 1392/78 AND 1837/78 )

Summary

1 . THE SPECIFIC PURPOSE OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY IS TO PREVENT THE COMMUNITY INSTITUTIONS FROM BEING ABLE TO BAR PROCEEDINGS INSTITUTED BY AN INDIVIDUAL AGAINST A DECISION OF DIRECT AND INDIVIDUAL CONCERN TO HIM BY SIMPLY CHOOSING THE FORM OF A REGULATION .

2 . UNDER THE SECOND PARAGRAPH OF ARTICLE 189 THE TEST FOR DISTINGUISHING BETWEEN A REGULATION AND A DECISION IS TO ASCERTAIN WHETHER THE MEASURE IN QUESTION HAS GENERAL APPLICATION OR NOT .

3 . COMMISSION REGULATIONS ( EEC ) NOS 1182/78 , 1392/78 AND 1837/78 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE MONETARY COEFFICIENT TO REFUNDS , THE AMOUNT OF WHICH HAS BEEN SET IN A NATIONAL CURRENCY IN THE STATEMENT OF AWARD FOLLOWING AN INVITATION TO TENDER FOR THE PURPOSE OF EXPORTATION , WITH PARTICULAR REFERENCE TO SUGAR , DO NOT IN FACT REDUCE THE REFUNDS AWARDED BUT , BY APPLYING THE COEFFICIENT TO THE REFUNDS , MERELY ADJUST THE MONETARY COMPENSATORY AMOUNT BY REDUCING IT IN THE CASE OF REVALUED CURRENCIES AND BY INCREASING IT IN THE CASE OF DEVALUED CURRENCIES . THE APPLICATION OF THE COEFFICIENT IS ONLY A TECHNICAL WAY OF ADJUSTING , IN TRADE WITH NON-MEMBER COUNTRIES , THE BASIC MONETARY COMPENSATORY AMOUNT WHICH IS FIXED AT A UNIFORM LEVEL CALCULATED ON THE BASIS OF COMMUNITY PRICES . THE BASIC MONETARY COMPENSATORY AMOUNT HAS THEREFORE TO BE REDUCED BY AN AMOUNT CALCULATED BY APPLYING TO THE REFUND THE COEFFICIENT DETERMINED BY THE REVALUATION OR DEVALUATION , SO THAT THE REDUCTION OR THE REFUND ITSELF IS NOT AFFECTED .
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NON-CONTRACTUAL LIABILITY - DAMAGE - ASSESSMENT - CRITERIA

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )

Summary

WHERE THE COURT HAS HELD THAT THE COMMUNITY INCURRED LIABILITY BY REASON OF THE ABOLITION OF PRODUCTION REFUNDS , THE DETERMINATION OF THE AMOUNT OF DAMAGES DOES NOT DEPEND ON THE COMMUNITY OR NATIONAL PROVISIONS GOVERNING THE CURRENT PAYMENT OF THE REFUNDS IN QUESTION . INSTEAD , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY THE AMOUNT MUST BE DETERMINED IN ACCORDANCE WITH THE GENERAL PRINCIPLES COMMON TO THE LAWS OF THE MEMBER STATES IN RELATION TO NON-CONTRACTUAL LIABILITY . AS REGARDS THE QUESTION OF PROOF OF DAMAGE , A GENERAL FEATURE OF THOSE LAWS IS THAT THE COURT HAS AN UNFETTERED DISCRETION IN ASSESSING ALL THE EVIDENCE SUBMITTED TO IT .
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TRANSPORT - COMMON POLICY - SOCIAL PROVISIONS - REGULATION NO 543/69 OF THE COUNCIL - MATERIAL SCOPE - VEHICLES OF PUBLIC AUTHORITIES - EXCLUSION - VEHICLES OF A PRIVATE UNDERTAKING USED TO PERFORM A PUBLIC SERVICE - INCLUSION

( REGULATION NO 543/69 OF THE COUNCIL , ART . 4 ( 4 ), AS AMENDED BY REGULATION NO 2827/77 )

Summary

PURSUANT TO ARTICLE 4 ( 4 ) OF REGULATION NO 543/69 OF THE COUNCIL ON THE HAR- MONIZATION OF CERTAIN SOCIAL LEGIS- LATION RELATING TO ROAD TRANSPORT , AS AMENDED BY REGULATION NO 2827/77 , THAT REGULATION DOES NOT APPLY TO CARRIAGE BY ' ' . . . VEHICLES WHICH ARE USED BY OTHER PUBLIC AUTHORITIES FOR PUBLIC SERVICES . ' ' THAT EXPRESSION MUST BE UNDERSTOOD AS COVERING ONLY VEHICLES WHICH ARE OWNED BY OR UNDER THE CONTROL OF THE PUBLIC AUTHORITY AND DOES NOT EXTEND TO VEHICLES BELONGING TO A PRIVATE UNDERTAKING AND USED BY THE LATTER TO PERFORM A PUBLIC SERVICE OR A SERVICE IN THE PUBLIC INTEREST WHICH IT HAS UNDERTAKEN TO PROVIDE UNDER A CONTRACT GOVERNED BY PRIVATE LAW .
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1 . COMMUNITY LAW - METHODS OF INTERPRETATION - TEXTS IN SEVERAL LANGUAGES - UNIFORM INTERPRETATION - DIFFERENT LANGUAGE VERSIONS TO BE TAKEN INTO ACCOUNT

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - PENSIONERS - RULES AGAINST OVERLAPPING - SPOUSE OF PENSIONER IN RECEIPT OF FAMILY ALLOWANCES IN ANOTHER MEMBER STATE - SPOUSE - CONCEPT

( REGULATION NO 574/72 OF THE COUNCIL , ART . 10 ( 1 ) AS AMENDED BY REGULATION NO 873/73 )

Summary

1 . THE NEED FOR A UNIFORM INTERPRETATION OF COMMUNITY REGULATIONS MAKES IT IMPOSSIBLE IN CASE OF DOUBT FOR THE WORDING OF A PROVISION TO BE CONSIDERED IN ISOLATION BUT REQUIRES ON THE CONTRARY THAT IT SHOULD BE INTERPRETED AND APPLIED IN THE LIGHT OF THE VERSIONS EXISTING IN THE OTHER OFFICIAL LANGUAGES .

2 . THE EXPRESSION ' ' DIENS ECHTGENOTE ' ' ( WHOSE WIFE ) IN ARTICLE 10 ( 1 ) ( B ) OF REGULATION NO 574/72 INCLUDES A MARRIED MAN WHO IS ENGAGED IN A PROFESSIONAL OR TRADE ACTIVITY IN A MEMBER STATE AND WHOSE WIFE IS ENTITLED UNDER THE PROVISIONS OF ARTICLE 77 ( 2 ) ( A ) OF REGULATION NO 1408/71 TO FAMILY ALLOWANCES UNDER THE LEGISLATION OF ANOTHER MEMBER STATE .
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1 . COMMON CUSTOMS TARIFF - VALUE FOR CUSTOMS PURPOSES - NORMAL PRICE OF GOODS - DETERMINATION - DEDUCTION OF TRANSPORT COSTS WITHIN THE COMMUNITY - EXCEPTION - UNIFORM FREE DOMICILE PRICE - CONCEPT - PRICE NOT UNIFORM

( REGULATION ( EEC ) NO 803/68 OF THE COUNCIL , ART . 8 ( 2 ), FIRST SENTENCE )

2 . COMMON CUSTOMS TARIFF - VALUE FOR CUSTOMS PURPOSES - NORMAL PRICE OF GOODS - DETERMINATION - DEDUCTION OF TRANSPORT COSTS WITHIN THE COMMUNITY - EXCEPTION - UNIFORM FREE DOMICILE PRICE - LIMITS OF THE EXCEPTION - FREE-FRONTIER PRICE LOWER THAN UNIFORM FREE DOMICILE PRICE - PROCEDURES FOR PRODUCTION OF EVIDENCE - DUTY OF THE NATIONAL COURTS

( REGULATION ( EEC ) NO 803/68 OF THE COUNCIL , ART . 8 ( 2 ), SECOND SENTENCE )

Summary

1 . THE DIFFICULTIES WHICH ARE INVOLVED , ON THE ONE HAND , BY CALCULATION OF THE TRANSPORT COSTS ACTUALLY INCLUDED IN THE UNIFORM FREE DOMICILE PRICE AND , ON THE OTHER HAND , BY THE NEED TO ENSURE EQUAL TREATMENT OF IMPORTERS , AND WHICH EXPLAIN THE RULE LAID DOWN IN THE FIRST SENTENCE OF ARTICLE 8 ( 2 ) OF REGULATION NO 803/68 , NAMELY ' ' WHERE GOODS ARE INVOICED AT A UNIFORM FREE DOMICILE PRICE WHICH CORRESPONDS TO THE PRICE AT THE PLACE OF INTRODUCTION , TRANSPORT COSTS WITHIN THE COMMUNITY SHALL NOT BE DEDUCTED FROM THAT PRICE ' ' , ARISE IN THE SAME WAY WHETHER THIS PRICE IS CHARGED THROUGHOUT THE WHOLE OF THE CUSTOMS TERRITORY OF THE COMMUNITY OR ONLY IN A PART THEREOF . CONSEQUENTLY THE CONCEPT ' ' UNIFORM FREE DOMICILE PRICE ' ' MENTIONED IN THE ABOVE-MENTIONED ARTICLE 8 ( 2 ) MUST BE INTERPRETED AS MEANING THAT THE PRICE IN QUESTION IS NOT NECESSARILY UNIFORM FOR ALL DESTINATIONS WITHIN THE CUSTOMS TERRITORY OF THE COMMUNITY .

2 . IN THE PRESENT STATE OF COMMUNITY LAW IT IS FOR THE NATIONAL COURT TO DECIDE , IN ACCORDANCE WITH ITS NATIONAL LEGISLATION , WHAT EVIDENCE THE IMPORTER IS TO PRODUCE TO ESTABLISH , AS PROVIDED FOR IN THE SECOND SENTENCE OF ARTICLE 8 ( 2 ) OF REGULATION NO 803/68 , THAT THE FREE-FRONTIER PRICE WOULD BE LOWER THAN THE UNIFORM FREE DOMICILE PRICE , ALL THE OTHER CONDITIONS OF SALE BEING IDENTICAL , IN THE EVENT OF IMPORTATION THROUGH THE SAME PLACE OF INTRODUCTION . THE NATIONAL COURT MUST HOWEVER TAKE INTO ACCOUNT THE PURPOSE OF THAT COMMUNITY PROVISION WHICH IS TO ALLOW TRANSPORT COSTS WITHIN THE CUSTOMS TERRITORY OF THE COMMUNITY WHICH ARE ACTUALLY INCLUDED IN THE UNIFORM PRICE - BUT ONLY THOSE TRANSPORT COSTS - TO BE DEDUCTED FROM THE PRICE WHEN THE CUSTOMS VALUATION IS DETERMINED .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS UNDER COMMUNITY DIRECTIVES .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - OBJECTIVE - CURRENCY EXCHANGE RISKS FOR TRADERS - NOT COVERED

( REGULATION NO 974/71 OF THE COUNCIL )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - DESTRUCTION IN TRANSIT OF THE EXPORTED PRODUCT - SITUATION OF FORCE MAJEURE - GRANT OF MONETARY COMPENSATION ON IMPORTATION - NONE - APPLICATION BY ANALOGY OF THE PROVISIONS RELATING TO EXPORT REFUNDS - NOT PERMISSIBLE

( REGULATION NO 192/75 OF THE COMMISSION , ART . 6 ( 1 ); REGULATION NO 1380/75 OF THE COMMISSION , ART . 11 ( 2 ))

Summary

1 . THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS WAS INTRODUCED IN ORDER TO REMEDY , IN A GENERAL MANNER , A MONETARY SITUATION WHICH THREATENS THE EXISTENCE OF THE COMMUNITY SYSTEM OF PRICES FOR AGRICULTURAL PRODUCTS AND IT WAS NOT , THEREFORE , CONCEIVED IN ORDER TO GIVE INDIVIDUAL TRADERS SECURITY AGAINST ALL THE RISKS WHICH FLOW FROM FLUCTUATIONS IN EXCHANGE RATES OR TO INDEMNIFY THEM FOR ANY LOSS SUFFERED AS A RESULT OF THOSE FLUCTUATIONS .

2 . IN VIEW OF THE DIFFERENCES BETWEEN THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS AND THAT OF REFUNDS ON EXPORTS TO NON-MEMBER COUNTRIES , THERE IS NO REASON TO INTERPRET ARTICLE 11 ( 2 ) OF REGULATION NO 1380/75 OF THE COMMISSION - BY ANALOGY WITH ARTICLE 6 ( 1 ) OF REGULATION NO 192/75 - AS MEANING THAT , WHERE GOODS EXPORTED FROM A MEMBER STATE HAVE PERISHED IN TRANSIT AS A RESULT OF FORCE MAJEURE , THE EXPORTER IS ENTITLED TO THE SAME MONETARY COMPENSATORY AMOUNTS AS WOULD HAVE BEEN DUE TO HIM IF THE GOODS HAD REACHED THEIR DESTINATION AND IF CUSTOMS IMPORT FORMALITIES HAD BEEN COMPLETED THERE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AIDS GRANTED BY STATES - PROHIBITION - APPRAISAL OF THE COMPATIBILITY OF AN AID WITH THE RULES OF THE COMMON ORGANIZATION - PROCEDURE TO BE FOLLOWED

( EEC TREATY , ARTS 93 AND 169 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SYSTEM OF COMPENSATION FOR STORAGE COSTS - FLAT-RATE REFUND FOR WHOLE COMMUNITY - EXHAUSTIVE NATURE - APPRAISAL BY THE COUNCIL ALONE OF THE JUSTIFICATION FOR ANY AMENDMENTS

( REGULATION NO 3330/74 OF THE COUNCIL , ART . 8 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SYSTEM OF COMPENSATION FOR STORAGE COSTS - MATERIAL SCOPE - SUGAR CARRIED FORWARD TO FOLLOWING MARKETING YEAR - EXCLUSION

( REGULATION NO 3330/74 OF THE COUNCIL , ARTS 8 AND 31 ( 2 ))

Summary

1 . THE COUNCIL IS ENTITLED TO LAY DOWN , WITHIN THE CONTEXT OF THE REGULATIONS ESTABLISHING THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS , PROVISIONS PROHIBITING WHOLLY OR PARTIALLY CERTAIN FORMS OF NATIONAL AIDS FOR THE PRODUCTION OR MARKETING OF THE PRODUCTS IN QUESTION AND INFRINGEMENT OF SUCH A PROHIBITION MAY BE DEALT WITH WITHIN THE SPECIFIC FRAMEWORK OF SUCH AN ORGANIZATION . IN FACT THE EXISTENCE OF THE SPECIAL PROCEDURE LAID DOWN IN ARTICLE 93 OF THE EEC TREATY FOR APPRAISING THE COMPATIBILITY OF NATIONAL SYSTEMS OF AID WITH THE COMMON MARKET CANNOT AFFECT THE NECESSITY FOR MEMBER STATES TO OBSERVE THE RULES ON THE COMMON ORGANIZATION OF THE MARKET OR PREVENT THE COMPATIBILITY OF SUCH SYSTEMS WITH SUCH RULES FROM BEING APPRAISED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN BY ARTICLE 169 OF THE TREATY .

2 . THE SYSTEM OF COMPENSATION FOR STORAGE COSTS FOR SUGAR LAID DOWN BY REGULATION NO 3330/74 WAS CONCEIVED IN ORDER TO ATTAIN THE OBJECTIVES OF THAT REGULATION WHICH INCLUDE INTER ALIA THE STABILIZATION OF THE MARKET IN SUGAR . BY ESTABLISHING A UNIFORM FLAT-RATE REFUND FOR THE WHOLE COMMUNITY , THE AMOUNT OF WHICH IS FIXED ANNUALLY BY THE COMMUNITY INSTITUTIONS , THE REGULATION HOWEVER STATES THAT THESE OBJECTIVES MUST BE ATTAINED IN THE SAME WAY IN ALL MEMBER STATES . IT FOLLOWS THAT ARTICLE 8 OF THE REGULATION LAYS DOWN EXHAUSTIVELY THE PROVISIONS APPLICABLE TO THE REIMBURSEMENT OF STORAGE COSTS AND IT IS FOR THE COUNCIL ALONE TO APPRAISE WHETHER THE SPECIAL ECONOMIC CIRCUMSTANCES OBTAINING IN ONE OF THE MEMBER STATES JUSTIFY ADJUSTMENTS TO THE COMMUNITY SYSTEM .

3 . ARTICLE 31 ( 2 ) OF REGULATION NO 3330/74 , ACCORDING TO WHICH STORAGE COSTS INCURRED BY SUGAR UNDERTAKINGS FOR SUGAR CARRIED FORWARD TO THE FOLLOWING MARKETING YEAR ARE NOT TO BE REIMBURSED ON THE FLAT-RATE BASIS LAID DOWN BY ARTICLE 8 OF THE REGULATION MUST BE UNDERSTOOD AS PROHIBITING THE MEMBER STATES FROM REIMBURSING SUCH STORAGE COSTS .
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1 . COMMUNITY LAW - INTERPRETATION - AMBIGUOUS TEXT - TELEOLOGICAL INTERPRETATION

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - CUTS OF FOREQUARTERS OF FROZEN , BONED OR BONELESS MEAT SPECIFIED AS INSIDES OF CHEEKS , THIN FLANKS AND SHIN - EXCLUSION FROM SUBHEADING EX 02 . 01 A II ( A ) 2 ( DD ) EX 22 , AS INCORPORATED INTO THE AGRICULTURAL REGULATIONS - POSSIBILITY OF QUALIFYING FOR EXPORT REFUNDS - NONE

( REGULATIONS OF THE COMMISSION NOS 2010 , 2243 , 2538 , 2645 , 2943 , 3084 AND 3205/74 AND NOS 180 , 494 AND 735/75 )

Summary

1 . WHERE THE TEXT OF A PROVISION IS AMBIGUOUS IT SHOULD BE INTERPRETED IN THE LIGHT OF THE INTENTION AND PURPOSE OF THE REGULATIONS OF WHICH IT FORMS PART .

2 . THE WORDING OF SUBHEADING EX 02 . 01 A II ( A ) 2 ( DD ) EX 22 APPEARING IN THE ANNEXES TO REGULATIONS OF THE COMMISSION NOS 2010 , 2243 , 2538 , 2645 , 2943 , 3084 AND 3205/74 AND NOS 180 , 494 AND 735/75 FIXING THE EXPORT REFUNDS ON BEEF AND VEAL CANNOT BE REGARDED AS COVERING EXPORTS OF CUTS OF FOREQUARTERS OF FROZEN , BONED OR BONELESS BEEF OR VEAL , SPECIFIED AS INSIDES OF CHEEKS , THIN FLANKS AND SHIN , OR AS ENABLING THEM TO QUALIFY FOR EXPORT REFUNDS .
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1 . OFFICIALS - RECOVERY OF SUM WRONGLY PAID - RECOVERY OF A SUM WRONGLY PAID BY A THIRD PARTY - NON-APPLICABILITY OF ARTICLE 85 OF THE STAFF REGULATIONS

( STAFF REGULATIONS OF OFFICIALS , ART . 85 )

2 . OFFICIALS - PENSIONS - RECALCULATION - POSSIBILITY - RECOVERY OF A SUM PAID BY A THIRD PARTY BY WAY OF INDEMNITY - EXCLUSION

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 41 )

Summary

1 . ARTICLE 85 OF THE STAFF REGULATIONS DOES NOT COVER THE RECOVERY OF A SUM OVERPAID RECEIVED FROM A THIRD PARTY ; IT COVERS ONLY A SUM OVERPAID BY THE COMMUNITIES .

2 . THE RECALCULATION OF A PENSION PROPERLY GRANTED AND DETERMINED AS TO ITS AMOUNT IN ACCORDANCE WITH THE PROVISIONS OF THE STAFF REGULATIONS AND ANNEX VIII THERETO IN ORDER TO RECOVER A SUM RECEIVED FROM A THIRD PARTY , EVEN IF TO THE POSSIBLE DETRIMENT OF THE COMMUNITIES , DOES NOT COME WITHIN ARTICLE 41 OF THAT ANNEX .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - SICKNESS BENEFITS - CONCEPT - TUBERCULOSIS BENEFITS WITHIN THE MEANING OF THE GERMAN STATE INSURANCE REGULATION ( THE REICHSVERSICHERUNGSORDNUNG ) - INCLUSION

( REGULATION NO 3 OF THE COUNCIL , ART . 2 ( 1 ) ( A ) AND ART . 16 ET SEQ .)

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - BENEFITS IN KIND PROVIDED IN ANOTHER MEMBER STATE - REIMBURSEMENT OF EXPENDITURE BY THE COMPETENT INSTITUTION - ALLOCATION OF THE COST AMONGST SEVERAL COMPETENT INSTITUTIONS OF THE SAME MEMBER STATE - APPLICATION OF NATIONAL LAW

( REGULATION NO 3 OF THE COUNCIL , ARTS . 20 ( 1 ) AND 23 ( 1 ) AND ( 3 ))

Summary

1 . SOCIAL SECURITY BENEFITS OF THE KIND WITH WHICH ARTICLE 1244A OF THE REICHSVERSICHERUNGSORDNUNG ( STATE INSURANCE REGULATION ) ARE CONCERNED MUST BE REGARDED AS SICKNESS BENEFITS WITHIN THE MEANING OF ARTICLE 2 ( 1 ) ( A ) OF REGULATION NO 3 . IT FOLLOWS THAT THE PROVISIONS OF THE REGULATION RELATING TO SICKNESS BENEFITS , AND IN PARTICULAR ARTICLE 20 ( 1 ) AND ARTICLE 23 ( 1 ) AND ( 3 ) THEREOF , APPLY TO SUCH BENEFITS IRRESPECTIVE OF THE FACT THAT A WORKER WHO IS AFFILIATED TO THE PENSION INSURANCE SCHEME IS AT THE SAME TIME INSURED UNDER THE OFFICIAL GERMAN SICKNESS INSURANCE SCHEME AND MAY CLAIM AN ENTITLEMENT TO BENEFITS UNDER THAT SCHEME REGARDLESS OF THE PLACE OF TREATMENT .

2 . WHERE SEVERAL INSTITUTIONS OF THE SAME MEMBER STATE ARE COMPETENT INSTITUTIONS FOR THE PURPOSES OF ARTICLE 20 ( 1 ) AND ARTICLE 23 ( 1 ) AND ( 3 ) OF REGULATION NO 3 IT IS FOR THE NATIONAL LAW TO DETERMINE HOW , IN THE CONTEXT OF RELATIONS BETWEEN THE INSTITUTIONS CONCERNED , THE ALLOCATION OF THE COST OF THE REIMBURSEMENT PROVIDED FOR BY ARTICLE 23 ( 1 ) AND ( 3 ) OF THAT REGULATION IS TO BE REGULATED .
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1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - CHARGES HAVING EQUIVALENT EFFECT AND INTERNAL TAXATION - DISTINCTION

( EEC TREATY , ARTS 9 , 12 , 13 AND 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - CHARGE BORNE BY IMPORTED PRODUCTS IN THE ABSENCE OF IDENTICAL OR SIMILAR DOMESTIC PRODUCTS - CLASSIFICATION

( EEC TREATY , ART . 95 )

Summary

1 . THE PROHIBITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES COVERS ANY CHARGE EXACTED AT THE TIME OF OR ON ACCOUNT OF IMPORTATION WHICH , BEING BORNE SPECIFICALLY BY AN IMPORTED PRODUCT TO THE EXCLUSION OF THE SIMILAR DOMESTIC PRODUCT , HAS THE RESULT OF ALTERING THE COST PRICE OF THE IMPORTED PRODUCT THEREBY PRODUCING THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY . THE ESSENTIAL FEATURE OF A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WHICH DISTINGUISHES IT FROM AN INTERNAL TAX THEREFORE RESIDES IN THE FACT THAT THE FORMER IS BORNE SOLELY BY AN IMPORTED PRODUCT AS SUCH WHILST THE LATTER IS BORNE BOTH BY IMPORTED AND DOMESTIC PRODUCTS .

2 . A CHARGE WHICH IS BORNE BY A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE , WHEN THERE IS NO IDENTICAL OR SIMILAR DOMESTIC PRODUCT , DOES NOT CONSTITUTE A CHARGE HAVING EQUIVALENT EFFECT BUT INTERNAL TAXATION WITHIN THE MEAING OF ARTICLE 95 OF THE TREATY IF IT RELATES TO A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY TO CATEGORIES OF PRODUCTS IN ACCORDANCE WITH OBJECTIVE CRITERIA IRRESPECTIVE OF THE ORIGIN OF THE PRODUCTS .