ddrg/super_eurlex huggingface dataset:
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1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - IDENTIFICATION OF THE RELEVANT ASPECTS OF COMMUNITY LAW - JURISDICTION OF THE NATIONAL COURT - APPLICATION OF THE PROVISIONS INTERPRETED

( EEC TREATY , ART . 177 )

2 . APPROXIMATION OF LAWS - PROPRIETARY MEDICINAL PRODUCTS - DIRECTIVE 65/65 - MEDICINAL PRODUCT - CONCEPT - SUBSTANCE FOR MAKING A MEDICAL DIAGNOSIS ADMINISTERED AFTER MIXING WITH OTHER SUBSTANCES - INCLUDED

( COUNCIL DIRECTIVE 65/65 , ART.1 )

Summary

1 . IT IS FOR THE COURT , WHEN FACED WITH QUESTIONS WHICH ARE NOT FRAMED IN AN APPROPRIATE MANNER OR WHICH GO BEYOND ITS FUNCTIONS UNDER ARTICLE 177 OF THE EEC TREATY , TO EXTRACT FROM ALL THE INFORMATION PROVIDED BY THE NATIONAL COURT , IN PARTICULAR FROM THE GROUNDS OF THE DECISION REFERRING THE QUESTIONS , THE POINTS OF COMMUNITY LAW WHICH REQUIRE INTERPRETATION OR WHOSE VALIDITY IS AT ISSUE , HAVING REGARD TO THE SUBJECT-MATTER OF THE DISPUTE . IN ORDER TO PROVIDE A SATISFACTORY ANSWER TO A NATIONAL COURT WHICH HAS REFERRED A QUESTION TO IT , THE COURT OF JUSTICE MAY DEEM IT NECESSARY TO CONSIDER PROVISIONS OF COMMUNITY LAW TO WHICH THE NATIONAL COURT HAS NOT REFERRED IN THE TEXT OF ITS QUESTION . HOWEVER , IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER OR NOT THE RULE OF COMMUNITY LAW , AS INTERPRETED BY THE COURT OF JUSTICE PURSUANT TO ARTICLE 177 , APPLIES TO THE CASE BROUGHT BEFORE IT .

2 . IN VIEW OF THE AIMS OF DIRECTIVE 65/65 ON PROPRIETARY MEDICINAL PRODUCTS , NAMELY THE PROTECTION OF PUBLIC HEALTH AND THE ELIMINATION OF OBSTACLES TO INTRA-COMMUNITY TRADE IN THOSE PRODUCTS , THE DEFINITION OF MEDICINAL PRODUCT GIVEN IN ARTICLE 1 OF THAT DIRECTIVE MAY NOT BE INTERPRETED RESTRICTIVELY BUT MUST BE CONSTRUED AS INCLUDING A SUBSTANCE WHICH IS NOT PRESENTED FOR TREATING OR PREVENTING DISEASE IN HUMAN BEINGS OR ANIMALS BUT WHICH IS USED FOR MAKING MEDICAL DIAGNOSES ON THEM IN SO FAR AS IT IS INTENDED TO BE ADMINISTERED TO HUMAN BEINGS OR ANIMALS EITHER ON ITS OWN OR MIXED WITH OTHER SUBSTANCES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - MARKETING STANDARDS - DISTINCTIVE MARKS - TRADE NAME AND TRADE MARK - CONCEPTS

( COUNCIL REGULATION NO 2772/75 , ART . 11 ( 1 ) ( F ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - MARKETING STANDARDS - MARKING OF EGGS OR PACKS - NATIONAL LEGISLATION AUTHORIZING THE AFFIXING OF INDICATIONS NOT PROVIDED FOR BY THE COMMUNITY RULES IN FORCE - NOT PERMISSIBLE

( COUNCIL REGULATION NO 2772/75 )

Summary

1 . THE TERMS ' TRADE NAME ' AND ' TRADE MARK ' IN ARTICLE 11 ( 1 ) ( F ) OF REGULATION NO 2772/75 DO NOT REFER TO MARKINGS WHICH , WITHOUT DISTINGUISHING THE UNDERTAKING WHICH MARKETED THE EGGS , INDICATE COMPLIANCE WITH CERTAIN MARKETING STANDARDS OR THE TYPE OF FARMING AND PRODUCTION OR THE CONDITIONS IN WHICH THE HENS LAID THE EGGS .

2 . REGULATION NO 2772/75 , IN THE VERSION IN FORCE UNTIL AMENDED BY COUNCIL REGULATIONS NOS 1831/84 AND 3341/84 , MUST BE INTERPRETED AS PRECLUDING NATIONAL PROVISIONS AUTHORIZING AND PROTECTING THE AFFIXING OF THE INDICATIONS ' SCHARRELEI ' OR ' SCHARRELEIEREN ' TO EGGS OR PACKS OF EGGS .

SUCH PROVISIONS , ADOPTED CONTRARY TO COMMUNITY LAW , CANNOT BE REGARDED AS HAVING RETROACTIVE JUSTIFICATION BY VIRTUE OF SUBSEQUENT CHANGES IN THE COMMUNITY LEGISLATION .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - SPECIAL AID FOR SKIMMED MILK USED AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES - MIXED FARMS - COMPULSORY DECLARATION CONCERNING THE MAXIMUM NUMBER OF CALVES KEPT - MEANING OF THE TERM ' MAXIMUM NUMBER '

( COMMISSION REGULATION NO 2793/77 , ART . 4 ( 1 ) ( C ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - SPECIAL AID FOR SKIMMED MILK USED AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES - FORFEITURE OF THE ENTIRE AID IN THE EVENT OF THE DECLARATION BEING INCORRECT OR SUBMITTED MORE THAN 10 DAYS LATE - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( COMMISSION REGULATION NO 2793/77 , ART . 4 ( 3 ), AS AMENDED BY REGULATION NO 188/83 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - SPECIAL AID FOR SKIMMED MILK USED AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES - FAILURE BY CERTAIN FARMERS TO OBSERVE THEIR UNDERTAKINGS - PARTIAL REPAYMENT OF THE AID BY THE DAIRY CONCERNED

( COMMISSION REGULATION NO 2793/77 , ART . 5 ( 3 ) ( B ))

Summary

1 . THE EXPRESSION ' MAXIMUM NUMBER OF CALVES LESS THAN FOUR MONTHS OLD WHICH WILL BE KEPT ON THE FARM DURING THE QUARTER IN QUESTION ' , CONTAINED IN ARTICLE 4 ( 1 ) ( C ) OF REGULATION NO 2793/77 ON DETAILED RULES OF APPLICATION FOR GRANTING SPECIAL AID FOR SKIMMED MILK FOR USE AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES , MUST BE INTERPRETED AS REFERRING TO THE HIGHEST NUMBER OF CALVES KEPT ON THE MIXED FARM CONCERNED ON ANY DAY IN THAT QUARTER .

2 . THE LOSS OF THE FULL AMOUNT OF THE SPECIAL AID FOR SKIMMED MILK USED AS FEED FOR ANIMALS OTHER THAN YOUNG CALVES WHERE THE DECLARATIONS MADE CONCERNING THE NUMBER OF CALVES KEPT ON A MIXED FARM ARE INCORRECT OR WHERE THE PERIOD LAID DOWN IN ARTICLE 4 OF REGULATION NO 2793/77 IS EXCEEDED BY MORE THAN 10 DAYS IS NOT CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY .

3 . THE PARTIAL REPAYMENT OF THE SPECIAL AID REFERRED TO IN ARTICLE 5 ( 3 ) ( B ) OF REGULATION NO 2793/77 CONCERNS CASES WHERE THE APPLICATION FOR AID SUBMITTED BY THE DAIRY COVERS UNDERTAKINGS ENTERED INTO BY SEVERAL FARMERS OF WHOM ONLY SOME HAVE ABIDED BY THEIR UNDERTAKINGS .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - ACTUAL RESTRICTION OF IMPORTS - NOT A NECESSARY CONDITION

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - CONDITIONS - RECOURSE TO LESS RESTRICTIVE MEASURES

( EEC TREATY , ART . 36 )

3 . BALANCE OF PAYMENTS - LIBERALIZATION OF PAYMENTS - TRANSFERS OF FOREIGN CURRENCY IN CONNECTION WITH TRADE IN GOODS - RESTRICTIONS - ABOLITION - MEMBER STATES ' CONTROL MEASURES - PERMISSIBILITY - LIMITS

( EEC TREATY , ART . 106 )

Summary

1 . FOR THE PURPOSES OF THE PROHIBITION ON MEASURES HAVING AN EQUIVALENT EFFECT TO QUANTITATIVE RESTRICTIONS IT IS NOT NECESSARY TO PROVE THAT THE MEASURES IN QUESTION ACTUALLY RESTRICT IMPORTS OF THE PRODUCTS IN QUESTION ; IT IS ENOUGH THAT THE MEASURES HAVE A POTENTIAL EFFECT ON IMPORTS , WHICH MIGHT OTHERWISE TAKE PLACE .

2 . A DEPARTURE FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS CANNOT BE MADE IN RESPECT OF NATIONAL RULES WHERE THE OBJECTIVES OF THOSE RULES CAN BE ATTAINED AS EFFECTIVELY BY LESS RESTRICTIVE MEASURES .

3 . THE LIBERALIZATION OF PAYMENTS PROVIDED FOR IN ARTICLE 106 OF THE TREATY OBLIGES THE MEMBER STATES TO AUTHORIZE THE PAYMENTS COVERED BY THAT PROVISION , INCLUDING PAYMENTS RELATING TO TRADE IN GOODS . HOWEVER , THE MEMBER STATES RETAIN THE POWER TO VERIFY THAT TRANSFERS OF FOREIGN CURRENCY ARE NOT IN REALITY USED FOR NON-LIBERALIZED MOVEMENTS OF CAPITAL , IN PARTICULAR FOR A TRANSACTION OUTSIDE THE SPHERE OF TRADE IN GOODS OR SERVICES . HOWEVER , SUCH CONTROLS MAY NOT HAVE THE EFFECT OF RENDERING ILLUSORY THE FREEDOMS RECOGNIZED BY THE TREATY .
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OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - PURPOSE - CONCEPT OF EXPATRIATION - OFFICIALS HAVING THE NATIONALITY OF THE MEMBER STATE IN WHICH THEY ARE EMPLOYED

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ))

Summary

THE OBJECT OF THE EXPATRIATION ALLOWANCE IS TO COMPENSATE OFFICIALS FOR THE EXTRA EXPENSE AND INCONVENIENCE OF TAKING UP EMPLOYMENT WITH THE COMMUNITIES AND BEING THEREBY OBLIGED TO CHANGE THEIR RESIDENCE AND MOVE TO THE COUNTRY OF EMPLOYMENT .

THE CONCEPT OF EXPATRIATION DEPENDS ON THE PERSONAL SITUATION OF AN OFFICIAL , NOTABLY WHETHER , ALTHOUGH HE IS A NATIONAL OF THE MEMBER STATE OF THE PLACE OF HIS EMPLOYMENT , HE HAS ACTUALLY BROKEN HIS SOCIAL AND PROFESSIONAL TIES WITH THAT STATE BY MOVING COMPLETELY AND ON A LONG-TERM BASIS HIS HABITUAL RESIDENCE OUTSIDE THE EUROPEAN TERRITORY OF THAT STATE . THE EXCEPTION PROVIDED FOR IN ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS COVERS ONLY PERSONS WHO HAD TO MOVE THEIR PERMANENT CENTRE OF INTERESTS OUTSIDE THE STATE WHERE THEY ARE EMPLOYED BY THE COMMUNITY AND CAN THEREFORE BE REGARDED AS NO LONGER HAVING PERMANENT LINKS WITH THAT STATE .
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1 . OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - ADDITIONAL SENIORITY IN STEP - CRITERIA FOR GRANTING THEREOF - PREVIOUS EXPERIENCE - DISCRETION OF THE ADMINISTRATION

( STAFF REGULATIONS, ART . 32, SECOND PARAGRAPH )

2 . OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - INTERNAL GUIDELINES OF AN INSTITUTION RELATING TO THE APPLICABLE CRITERIA - LEGAL EFFECTS

3 . OFFICIALS - REMUNERATION - DAILY SUBSISTENCE ALLOWANCE - PURPOSE

( STAFF REGULATIONS, ART . 20, AND ANNEX VII, ART . 10 )

Summary

1 . THE APPOINTING AUTHORITY HAS A DISCRETIONARY POWER IN CONNECTION WITH THE SECOND PARAGRAPH OF ARTICLE 32 OF THE STAFF REGULATIONS COVERING ALL ASPECTS OF POTENTIAL IMPORTANCE FOR THE RECOGNITION OF PREVIOUS EXPERIENCE, BOTH AS REGARDS THE NATURE AND DURATION OF SUCH EXPERIENCE AND AS REGARDS THE EXTENT TO WHICH IT MATCHES THE REQUIREMENTS OF THE POST TO BE FILLED .

2 . BY ADOPTING INTERNAL GUIDELINES RELATING TO THE CRITERIA APPLICABLE TO CLASSIFICATION ON RECRUITMENT THE ADMINISTRATION MAY IMPOSE ON ITSELF INDICATIVE RULES OF CONDUCT FROM WHICH IT MAY NOT DEPART WITHOUT OBJECTIVE JUSTIFICATION BUT WHICH MAY NOT DEPART FROM THE STAFF REGULATIONS .

3 . ARTICLE 20 OF THE STAFF REGULATIONS PROVIDES THAT OFFICIALS MUST RESIDE EITHER IN THE PLACE WHERE THEY ARE EMPLOYED OR AT NO GREATER DISTANCE THEREFROM THAN IS COMPATIBLE WITH THE PROPER PERFORMANCE OF THEIR DUTIES . ARTICLE 10 OF ANNEX VII TO THE STAFF REGULATIONS PROVIDES THAT WHERE AN OFFICIAL FURNISHES EVIDENCE THAT HE MUST CHANGE HIS PLACE OF RESIDENCE IN ORDER TO SATISFY THAT REQUIREMENT HE IS TO BE ENTITLED TO A DAILY SUBSISTENCE ALLOWANCE UNTIL THE DATE ON WHICH HE EFFECTS HIS REMOVAL . THAT ALLOWANCE, WHOSE DURATION MAY NOT EXCEED SPECIFIC LIMITS, IS INTENDED TO COMPENSATE THE OFFICIAL FOR THE EXPENSE AND INCONVENIENCE OCCASIONED BY THE NEED TO CHANGE RESIDENCE OR TO ESTABLISH PROVISIONAL RESIDENCE AT HIS PLACE OF EMPLOYMENT WHILE MAINTAINING, ALSO ON A PROVISIONAL BASIS, HIS RESIDENCE AT THE PLACE WHERE HE WAS RECRUITED OR PREVIOUSLY EMPLOYED .
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CUSTOMS UNION - HARMONIZATION OF LAWS - PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION - RELEASE IN STAGES OF GOODS DECLARED ON A SINGLE ENTRY FORM - NOT PERMITTED

( COUNCIL DIRECTIVE 78/453, FIRST SUBPARAGRAPH OF ARTICLE 4 ( 1 ), AND COUNCIL DIRECTIVE 79/695; COMMISSION DIRECTIVE 82/57, ART . 19 )

Summary

ARTICLE 19 OF DIRECTIVE 82/57 LAYING DOWN CERTAIN PROVISIONS FOR IMPLEMENTING DIRECTIVE 79/695 ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION, BY PROVIDING THAT THE RELEASE OF GOODS FOR FREE CIRCULATION SHALL BE GIVEN ON A SINGLE OCCASION FOR ALL THE GOODS FORMING THE SUBJECT OF THE ENTRY, PROHIBITS A MEMBER STATE FROM AVAILING ITSELF OF DIRECTIVE 78/453 CONCERNING DEFERRED PAYMENT OF IMPORT DUTIES OR EXPORT DUTIES, AND IN PARTICULAR THE FIRST SUBPARAGRAPH OF ARTICLE 4 ( 1 ) THEREOF ( UNDER WHICH AMOUNTS DUE AS IMPORT DUTIES FOR GOODS FOR WHICH REMOVAL HAS BEEN AUTHORIZED DURING A GIVEN PERIOD MAY BE DEALT WITH BY ONE SINGLE ENTRY IN THE ACCOUNTS AT THE END OF THE PERIOD ) SO AS TO AUTHORIZE THE RELEASE IN STAGES OF GOODS DECLARED ON A SINGLE ENTRY FORM FOR RELEASE FOR FREE CIRCULATION .
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TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE ADDED TAX - TAXABLE PERSONS - NOTARIES AND BAILIFFS PERFORMING THEIR OFFICIAL SERVICES - PERSONS WHO PROVIDE SERVICES IN THE EXERCISE OF A LIBERAL PROFESSION - WHETHER INCLUDED

( COUNCIL DIRECTIVE 77/388/EEC, ART . 4 ( 1 ), ( 2 ) AND ( 5 )*)

Summary

INASMUCH AS NOTARIES AND BAILIFFS, WHEN PERFORMING THEIR OFFICIAL SERVICES, CARRY OUT INDEPENDENTLY ECONOMIC ACTIVITIES CONSISTING IN THE SUPPLY OF SERVICES TO THIRD PARTIES, IN RETURN FOR WHICH THEY RECEIVE FEES FOR THEIR OWN ACCOUNT, THEY MUST BE REGARDED AS TAXABLE PERSONS FOR VAT PURPOSES, WITHIN THE MEANING OF ARTICLE 4 ( 1 ) AND ( 2 ) OF THE SIXTH DIRECTIVE . EVEN ASSUMING THAT, IN PERFORMING THOSE SERVICES, THEY EXERCISE THE POWERS OF A PUBLIC AUTHORITY BY VIRTUE OF THEIR

APPOINTMENT TO PUBLIC OFFICE, THEY MAY NOT ENJOY THE EXEMPTION PROVIDED FOR IN ARTICLE 4 ( 5 ) SINCE THEY PURSUE THEIR ACTIVITIES AS MEMBERS OF A LIBERAL PROFESSION, WITHOUT BEING PART OF THE PUBLIC ADMINISTRATION .
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1 . ECSC - AIDS TO THE STEEL INDUSTRY - APPROVAL BY THE COMMISSION - CONDITIONS - NOTIFICATION OF AID PROPOSALS IN GOOD TIME - DEFINITION OF "PROPOSALS" - AUTHORIZATION OF AID DIFFERENT IN NATURE FROM THAT NOTIFIED WITHIN THE TIME-LIMIT - NOT PERMISSIBLE

( DECISION NO 2320/81, ART . 8, AS AMENDED BY DECISION NO 1018/85 )

2 . ECSC - AIDS TO THE STEEL INDUSTRY - APPROVAL BY THE COMMISSION - CONDITIONS - NO MANIFEST DISCRIMINATION BETWEEN THE PUBLIC AND PRIVATE SECTORS

( DECISION NO 2320/81, ART . 2 )

Summary

1 . THE AID PROPOSALS, WHICH, PURSUANT TO ARTICLE 8 ( 1 ) OF DECISION NO 2320/81, AS AMENDED BY DECISION NO 1018/85, WERE TO BE NOTIFIED TO THE COMMISSION BEFORE 31 MAY 1985, WERE PROGRAMMES WHICH, WITHIN THE FRAMEWORK OF A RESTRUCTURING PLAN, IDENTIFIED THE TYPE, THE AIM AND THE PROPOSED USE OF THE AID, BUT IT WAS NOT NECESSARY THAT THE EXACT AMOUNT OF THE AID REQUIRING AUTHORIZATION SHOULD ALREADY HAVE BEEN DETERMINED . HOWEVER, THE COMMISSION MAY NOT AFTER THAT DATE ACCEPT PARTICULARS WHICH WOULD HAVE THE EFFECT OF CHANGING THE NATURE OF THE PROPOSED AID SO THAT THE PLAN IMPLEMENTED WOULD NO LONGER BE THAT WHICH HAD BEEN NOTIFIED .

2 . ALTHOUGH ANY AID MEASURE IS LIKELY TO FAVOUR ONE UNDERTAKING IN RELATION TO ANOTHER, THE COMMISSION CANNOT APPROVE AID THE GRANT OF WHICH MAY RESULT IN MANIFEST DISCRIMINATION BETWEEN THE PUBLIC AND PRIVATE SECTORS . IN SUCH A CASE THE GRANT OF AID WOULD INVOLVE DISTORTION OF COMPETITION TO AN EXTENT CONTRARY TO THE COMMON INTEREST WITHIN THE MEANING OF ARTICLE 2 ( 1 ) OF DECISION NO 2320/81 .
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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION ADDRESSED TO A MEMBER STATE AND LAYING DOWN MEASURES FOR THE PROMOTION OF SALES OF BUTTER IN PART OF THE NATIONAL TERRITORY - MARGARINE PRODUCERS OPERATING ON THE MARKET - INADMISSIBILITY

( EEC TREATY, ART . 173, SECOND PARAGRAPH )

2 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - BROAD INTERPRETATION OF THE CONDITIONS OF ADMISSIBILITY - JUSTIFICATION - REQUIREMENTS OF LEGAL PROTECTION - NONE - POSSIBILITY OF CHALLENGING BEFORE THE NATIONAL COURTS THE VALIDITY OF A COMMUNITY MEASURE IN SUPPORT OF AN ACTION DIRECTED AGAINST NATIONAL IMPLEMENTING MEASURES - JURISDICTION OF THE NATIONAL COURTS TO DETERMINE THE QUESTIONS TO BE SUBMITTED FOR A PRELIMINARY RULING

( EEC TREATY, ART . 173, SECOND PARAGRAPH, ART . 177 )

Summary

1 . A DECISION ADDRESSED TO A MEMBER STATE IS OF INDIVIDUAL CONCERN TO NATURAL OR LEGAL PERSONS ONLY IF THAT DECISION AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM, OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS, AND BY VIRTUE OF THESE FACTORS DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED . THAT DOES NOT APPLY, IN THE CASE OF A COMMISSION DECISION ADDRESSED TO THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON MEASURES FOR THE PROMOTION OF SALES OF BUTTER ON THE WEST BERLIN MARKET, TO THE MARGARINE PRODUCERS SUPPLYING THAT MARKET . SUCH A DECISION DOES NOT CONCERN A CLOSED CIRCLE OF PERSONS WHO WERE KNOWN AT THE TIME OF ITS ADOPTION AND WHOSE RIGHTS THE COMMISSION INTENDED TO REGULATE . ALTHOUGH THE CONTESTED DECISION AFFECTS THOSE PRODUCERS, THAT IS ONLY BECAUSE OF THE EFFECTS IT PRODUCES ON THEIR POSITION ON THE MARKET . THE DECISION IS THUS OF CONCERN TO THEM JUST AS IT WAS TO ANY OTHER PERSON SUPPLYING MARGARINE ON THE WEST BERLIN MARKET WHILST THE IMPLEMENTATION OF THE AFORESAID MEASURES WAS IN PROGRESS, AND IT IS NOT THEREFORE OF INDIVIDUAL CONCERN TO THEM FOR THE PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY .

2 . IN SUPPORT OF AN ACTION CHALLENGING A NATIONAL MEASURE IMPLEMENTING A COMMUNITY DECISION, THE APPLICANT MAY PLEAD THE ILLEGALITY OF THAT DECISION AND THEREBY REQUIRE THE NATIONAL COURT TO ADJUDICATE ON ALL THE ALLEGATIONS FORMULATED IN THAT RESPECT, IF NECESSARY AFTER MAKING A REFERENCE TO THE COURT OF JUSTICE FOR A RULING ON THE VALIDITY OF THE DECISION IN QUESTION . THE FACT THAT THE NATIONAL COURT IS EMPOWERED TO DETERMINE WHICH QUESTIONS IT INTENDS TO SUBMIT TO THE COURT IS AN INHERENT FEATURE OF THE SYSTEM OF MEANS OF REDRESS ESTABLISHED BY THE TREATY AND IS NOT THEREFORE AN ARGUMENT WHICH IS CAPABLE OF JUSTIFYING, IN PURSUANCE OF THE NEED FOR FULL LEGAL PROTECTION, A BROAD INTERPRETATION OF THE CONDITIONS OF ADMISSIBILITY LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY .
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1 . OFFICIALS - STAFF REGULATIONS OF OFFICIALS AND CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - LEGAL NATURE - REGULATION - OBLIGATIONS OF THE MEMBER STATES - COMPLIANCE WITH THE SUPPLEMENTARY EFFECT OF ALLOWANCES PAYABLE UNDER THE STAFF REGULATIONS

( EEC TREATY, ARTICLE 189, SECOND PARAGRAPH; COUNCIL REGULATION NO 259/68 )

2 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - DEDUCTION OF ALLOWANCES PAID UNDER A NATIONAL SCHEME - EXCEPTION - NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS - PROHIBITION - SCOPE

( STAFF REGULATIONS OF OFFICIALS, ARTS 62, 67*(2 ) AND 68, SECOND PARAGRAPH; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, ART . 20 )

Summary

1 . BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY, THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, ADOPTED BY MEANS OF COUNCIL REGULATION NO 259/68, HAVE GENERAL APPLICATION, ARE BINDING IN THEIR ENTIRETY AND ARE DIRECTLY APPLICABLE IN ALL MEMBER STATES . IT FOLLOWS THAT, IN ADDITION TO HAVING EFFECTS WITHIN THE COMMUNITY ADMINISTRATION, THEY ARE ALSO BINDING ON MEMBER STATES IN SO FAR AS THEIR COOPERATION IS NECESSARY IN ORDER TO GIVE EFFECT TO THOSE MEASURES .

SINCE IT IS BASED ON A PROVISION CONTAINED IN A REGULATION, NAMELY ARTICLE 67*(2 ) OF THE STAFF REGULATIONS, THE SUPPLEMENTARY EFFECT OF FAMILY ALLOWANCES PAYABLE UNDER THE STAFF REGULATIONS, BY COMPARISON WITH ALLOWANCES OF LIKE NATURE PAID FROM OTHER SOURCES, IS BINDING ON THE MEMBER STATES AND CANNOT BE DISREGARDED BY NATIONAL LEGISLATION .

2 . PURSUANT TO ARTICLE 62 OF THE STAFF REGULATIONS, FAMILY ALLOWANCES FORM PART OF THE REMUNERATION WHICH THE COMMUNITIES ARE REQUIRED TO PAY THEIR OFFICIALS . ARTICLE 67*(2 ), IN SO FAR AS IT PROVIDES THAT ALLOWANCES OF LIKE NATURE PAID FROM OTHER SOURCES ARE TO BE DEDUCTED FROM THOSE PAYABLE UNDER THE STAFF REGULATIONS, CONSTITUTES AN EXCEPTION TO ARTICLE 62 AND CANNOT HAVE THE EFFECT OF REMOVING THE COMMUNITY INSTITUTIONS' OBLIGATION TO PAY FAMILY ALLOWANCES WHERE A MEMBER STATE CONFERS ENTITLEMENT TO SUCH ALLOWANCES ON ALL PERSONS WITH DEPENDENT CHILDREN SOLELY ON THE BASIS OF THE CRITERION THAT THEY ARE DOMICILED OR HABITUALLY RESIDENT WITHIN ITS TERRITORY . FOR ARTICLE 67*(2 ) OF THE STAFF REGULATIONS TO BE APPLICABLE, THERE MUST BE, IN RELATION TO THAT MEMBER STATE, A COMPARABLE LINK WITH CIRCUMSTANCES CONFERRING ENTITLEMENT TO THE AWARD OF ALLOWANCES UNDER THE STAFF REGULATIONS .

THAT IS WHY ARTICLE 67*(2 ) AND THE OTHER PROVISIONS RELATED THERETO IN THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT PRECLUDE A MEMBER STATE FROM WITHHOLDING PAYMENT OF THE FAMILY ALLOWANCES FOR DEPENDENT CHILDREN PROVIDED FOR BY ITS OWN LEGISLATION ON THE GROUND THAT ENTITLEMENT MAY EXIST TO ALLOWANCES UNDER THE STAFF REGULATIONS IN RESPECT OF THE SAME CHILD WHERE THE PERSON ENTITLED TO SUCH ALLOWANCES IS MARRIED TO A SERVING OFFICIAL, A RETIRED OFFICIAL OR ANOTHER SERVANT OF THE EUROPEAN COMMUNITIES AND IS OR HAS BEEN EMPLOYED WITHIN THE TERRITORY OF THAT STATE .
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OFFICIALS - CAREER - ARTICLE 45 ( 2 ) OF THE STAFF REGULATIONS - SYSTEMATIC DISTINCTION BETWEEN CATEGORIES AND SERVICES - TRANSFER FROM THE LANGUAGE SERVICE TO AN ADMINISTRATIVE POST IN CATEGORY A - REQUIREMENT OF A COMPETITION

( STAFF REGULATIONS, ART . 45 ( 2 )*)

Summary

IT IS CLEAR FROM THE PROVISIONS OF THE STAFF REGULATIONS CONCERNING THE CAREER AND SITUATION OF OFFICIALS THAT A SYSTEMATIC DISTINCTION BETWEEN CATEGORY AND SERVICE IS FUNDAMENTAL TO THEM, INASMUCH AS A SERVICE PLACES TOGETHER OFFICIALS WHO CARRY OUT PARTICULAR DUTIES FOR WHICH SPECIFIC QUALIFICATIONS ARE REQUIRED AND MAKES POSSIBLE A SEPARATE CAREER STRUCTURE TAKING INTO ACCOUNT THOSE SPECIAL FEATURES .

THAT DISTINCTION IS TO BE FOUND IN ARTICLE 45 ( 2 ), WHICH IN PROVIDING THAT "AN OFFICIAL MAY BE TRANSFERRED FROM ONE SERVICE TO ANOTHER OR PROMOTED FROM ONE CATEGORY TO ANOTHER ONLY ON THE BASIS OF A COMPETITION" FORMULATES A FUNDAMENTAL RULE CORRESPONDING TO THE ORGANIZATION OF THE COMMUNITY PUBLIC SERVICE INTO DIFFERENT CATEGORIES REQUIRING DISTINCT QUALIFICATIONS . IT FOLLOWS THAT A TRANSFER FROM THE LANGUAGE SERVICE TO A CATEGORY A POST CAN TAKE PLACE ONLY ON THE BASIS OF A COMPETITION .
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1 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - MEMBERS OF THE FAMILY - INDIRECT BENEFIT - DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON THE WORKER - EXCLUSION

( REGULATION NO 1612/68 OF THE COUNCIL, ARTS 7 ( 2 ) AND 10; REGULATION NO 1251/70 OF THE COUNCIL )

2 . FREE MOVEMENT OF PERSONS - WORKERS - DEPENDENT MEMBER OF THE FAMILY - CONCEPT

( REGULATION NO 1612/68 OF THE COUNCIL, ART . 10 ( 1 ) AND ( 2 )*)

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - NATIONALS OF ONE MEMBER STATE MOVING TO ANOTHER MEMBER STATE IN SEARCH OF EMPLOYMENT - EXCLUSION

( REGULATION NO 1612/68 OF THE COUNCIL, ART . 7 ( 2 )*)

Summary

1 . THE MEMBERS OF A WORKER' S FAMILY, WITHIN THE MEANING OF ARTICLE 10 OF REGULATION NO 1612/68, QUALIFY ONLY INDIRECTLY FOR THE EQUAL TREATMENT ACCORDED TO THE WORKER HIMSELF BY ARTICLE 7 OF REGULATION NO 1612/68 . SOCIAL BENEFITS GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE OPERATE IN FAVOUR OF MEMBERS OF THE WORKER' S FAMILY ONLY IF SUCH BENEFITS MAY BE REGARDED AS A SOCIAL ADVANTAGE, WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, FOR THE WORKER HIMSELF .

IT FOLLOWS THAT, WHERE A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE WAS EMPLOYED WITHIN THE TERRITORY OF ANOTHER MEMBER STATE AND EXERCISED THE RIGHT TO REMAIN THERE, HIS DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON HIM MAY NOT RELY ON THE RIGHT TO EQUAL TREATMENT GUARANTEED BY COMMUNITY LAW IN ORDER TO CLAIM A SOCIAL BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE HOST MEMBER STATE AND GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE . IN THE CIRCUMSTANCES, THAT BENEFIT DOES NOT CONSTITUTE FOR THE WORKER A SOCIAL ADVANTAGE WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, INASMUCH AS HE IS NO LONGER SUPPORTING HIS DESCENDANT .

THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY, TO WHICH ARTICLE 10 ( 1 ) AND ( 2 ) OF REGULATION NO 1612/68 REFERS, IS THE RESULT OF A FACTUAL SITUATION, NAMELY THE PROVISION OF SUPPORT BY THE WORKER, WITHOUT THERE BEING ANY NEED TO DETERMINE THE REASONS FOR RECOURSE TO THE WORKER' S SUPPORT .

THE EQUAL TREATMENT WITH REGARD TO SOCIAL AND TAX ADVANTAGES WHICH IS LAID DOWN BY ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 OPERATES ONLY FOR THE BENEFIT OF WORKERS AND DOES NOT APPLY TO NATIONALS OF MEMBER STATES WHO MOVE IN SEARCH OF EMPLOYMENT .