ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

1 . OFFICIALS - PROMOTION - STATEMENT OF REASONS - OBLIGATION - NONE

( STAFF REGULATIONS, ART . 45 )

2 . OFFICIALS - PROMOTION - ADMINISTRATION' S DISCRETION - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS, ART . 45 )

Summary

1 . THERE IS NO NEED FOR THE APPOINTING AUTHORITY TO STATE REASONS FOR A PROMOTION DECISION FOR THE BENEFIT OF THE PERSON TO WHOM IT IS ADDRESSED OR FOR THE BENEFIT OF UNSUCCESSFUL CANDIDATES, SINCE A STATEMENT OF REASONS MIGHT HARM SOME IF NOT ALL OF THEM .

2 . THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN ASSESSING THE INTERESTS OF THE SERVICE AND THE QUALITIES TO BE TAKEN INTO CONSIDERATION IN MAKING A DECISION TO PROMOTE AN OFFICIAL PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS . THUS IN MAKING AN APPOINTMENT THE COMMISSION MAY, WITHOUT MISUSING ITS POWERS, PREFER AN OFFICIAL WHO HAS BEEN IN A COMMISSIONER' S PRIVATE OFFICE TO AN OFFICIAL POSTED TO THE DEPARTMENT IF COMPARISON OF THE MERITS OF THE CANDIDATES JUSTIFIES SUCH PREFERENCE . THE COURT MUST RESTRICT ITSELF TO CONSIDERATION OF THE QUESTION WHETHER, HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE LIMITS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . NEITHER THE FACT OF HAVING OCCUPIED THE POST IN AN ACTING CAPACITY NOR LENGTH OF SERVICE IN A LOWER GRADE CONSTITUTE DECISIVE GROUNDS OVERRIDING THE INTERESTS OF THE SERVICE, WHICH IS THE DECISIVE CRITERION DETERMINING THE CHOICE OF CANDIDATES TO BE PROMOTED .
Keywords

Summary



Keywords

++++

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - EXPORT REFUNDS - SPECIAL REFUNDS FOR MEAT FROM FULL-GROWN MALE CATTLE - CONDITIONS FOR GRANT - CERTIFICATE OF ORIGIN OF THE MEAT - ISSUE BY INTERVENTION AGENCY IN THE MEMBER STATE OF SLAUGHTER - COMPLETION OF EXPORT FORMALITIES IN ANOTHER MEMBER STATE - PERMISSIBILITY

( COMMISSION REGULATION NO 32/82, ART . 2 ( 2 )*)

Summary

COMPLETION OF THE SLAUGHTER OPERATIONS AND OF THE CUSTOMS EXPORT FORMALITIES IN ONE AND THE SAME MEMBER STATE OF THE COMMUNITY DOES NOT CONSTITUTE A PRECONDITION FOR THE GRANT OF THE SPECIAL EXPORT REFUNDS PROVIDED FOR BY REGULATION NO 32/82, PROVIDED THAT THE DOCUMENT CERTIFYING THAT THE PRODUCTS COME FROM FULL-GROWN MALE CATTLE HAS BEEN ISSUED BY THE INTERVENTION AGENCY OF A MEMBER STATE .
Keywords

Summary



Keywords

++++

APPLICATION FOR ANNULMENT - LEGAL AND NATURAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION FIXING THE PERCENTAGE OF THE SUB-QUOTA ALLOCATED TO A MEMBER STATE OUT OF THE COMMUNITY QUOTA FOR EXPORTS OF STEEL PIPES AND TUBES TO THE UNITED STATES OF AMERICA UNDER THE ARRANGEMENT BETWEEN THE COMMUNITY AND THE UNITED STATES OF AMERICA CONCERNING TRADE IN STEEL PIPES AND TUBES

( EEC TREATY, ART . 173, SECOND PARAGRAPH; COUNCIL REGULATIONS NO 59/85 AND NO 60/85, AS SUPPLEMENTED BY REGULATION NO 2355/85 )

Summary

THE FIXING BY REGULATION NO 2355/85 OF THE PERCENTAGE OF THE SUB-QUOTA ALLOCATED, UNDER THE ARRANGEMENT BETWEEN THE COMMUNITY AND THE UNITED STATES OF AMERICA CONCERNING TRADE IN STEEL PIPES AND TUBES, TO THE FEDERAL REPUBLIC OF GERMANY OUT OF THE COMMUNITY QUOTA FOR EXPORTS OF OCTG TUBES TO THE UNITED STATES OF AMERICA DOES NOT DIRECTLY AFFECT THE LEGAL POSITION OF THE UNDERTAKINGS WHICH MANUFACTURE THAT PRODUCT IN THE FEDERAL REPUBLIC OF GERMANY . THE ISSUE OF EXPORT LICENCES TO THOSE UNDERTAKINGS IS NOT BASED DIRECTLY ON THAT PERCENTAGE BUT DEPENDS IN THE FIRST PLACE ON THE MANNER IN WHICH THE COMMISSION HAS CALCULATED AND ADJUSTED THE COMMUNITY EXPORT LIMIT AND FIXED GERMANY' S SUB-QUOTA ON THE BASIS OF THAT LIMIT, AND SECONDLY ON THE APPORTIONMENT OF THAT SUB-QUOTA BY THE NATIONAL AUTHORITES AMONG THE UNDERTAKINGS CONCERNED, WHICH IS IN NO WAY AN AUTOMATIC PROCESS BUT IS BASED ON A NUMBER OF CRITERIA .

IT FOLLOWS THAT AN ACTION FOR THE ANNULMENT OF THE AFORESAID REGULATION, BROUGHT ON THE BASIS OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY BY SOME OF THOSE UNDERTAKINGS, IS INADMISSIBLE .
Keywords

Summary



Keywords

++++

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY REGULATIONS - MATTERS COVERED - SUPPLEMENTARY ALLOWANCE PAID TO RECIPIENTS OF PENSIONS BY A NATIONAL SOLIDARITY FUND - INCLUDED

( COUNCIL REGULATION NO 1408/71, ART . 4 ( 4 ) )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - RESIDENCE CLAUSES - WAIVER - CLAIM TO OR RETENTION OF ENTITLEMENT TO BENEFITS PRECLUDED BECAUSE THE PERSON CONCERNED RESIDES IN ANOTHER MEMBER STATE - NOT PERMISSIBLE

( COUNCIL REGULATION NO 1408/71, ART . 10(1 )

Summary

1 . ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS NOT EXCLUDING FROM THE SCOPE OF THAT REGULATION A SUPPLEMENTARY ALLOWANCE PAID BY A FONDS NATIONAL DE SOLIDARITE (( NATIONAL SOLIDARITY FUND )) FINANCED FROM TAX REVENUE AND GRANTED TO THE RECIPIENTS OF OLD-AGE, SURVIVORS' OR INVALIDITY PENSIONS WITH A VIEW TO PROVIDING THEM WITH A MINIMUM MEANS OF SUBSISTENCE, PROVIDED THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT OF SUCH AN ALLOWANCE .

2 . ARTICLE 10 OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT A PERSON MAY NOT BE PRECLUDED FROM ACQUIRING OR RETAINING ENTITLEMENT TO THE BENEFITS, PENSIONS AND ALLOWANCES REFERRED TO IN THAT PROVISION ON THE SOLE GROUND THAT HE DOES NOT RESIDE WITHIN THE TERRITORY OF THE MEMBER STATE IN WHICH THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED .
Keywords

Summary



Keywords

++++

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - NOT ACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT RELY ON PROVISIONS, PRACTICES OR SITUATIONS IN ITS NATIONAL LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO COMPLY WITH THE OBLIGATIONS AND TIME-LIMITS LAID DOWN BY DIRECTIVES .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR THE PRIVATE STORAGE OF BUTTER - REIMBURSEMENT OF FINANCING COSTS - TAKING INTO ACCOUNT OF DIFFERENT INTEREST RATES ACCORDING TO THE MEMBER STATE WHERE THE BUTTER IS STORED - LEGALITY

( REGULATION NO 985/68 OF THE COMMISSION, ART . 10 ( 1 ); REGULATION NO 685/69 OF THE COMMISSION, ART . 24 ( 3 ) ( C ), AS AMENDED BY COMMISSION REGULATION NO 1746/84 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - PROHIBITION - SCOPE

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

3 . COMMUNITY LAW - PRINCIPLES - PROTECTION OF LEGITIMATE EXPECTATION - LIMITS - AMENDMENTS TO THE RULES CONCERNING A COMMON ORGANIZATION OF THE MARKETS - POWER OF APPRAISAL OF THE COMMUNITY INSTITUTIONS

Summary

1 . ARTICLE 10 ( 1 ) OF REGULATION NO 985/68 LAYING DOWN GENERAL RULES FOR INTERVENTION ON THE BUTTER MARKET, INTERPRETED IN THE LIGHT OF THE PREAMBLE TO THE REGULATION, DOES NOT PREVENT THE INTEREST RATE TAKEN INTO ACCOUNT AS PART OF FINANCING COSTS IN THE CALCULATION OF THE AMOUNT OF AID FOR THE PRIVATE STORAGE OF BUTTER FROM VARYING ACCORDING TO THE MEMBER STATE WHERE THE BUTTER IS STORED, AS PROVIDED FOR IN REGULATION NO 1746/84, BECAUSE ALTHOUGH THE UNIFORMITY OF THE SYSTEM OF PRIVATE STORAGE OF BUTTER IN THE COMMUNITY IMPLIES A UNIFORM METHOD OF CALCULATING THE AID WITH REFERENCE TO STORAGE COSTS AND MARKET DEVELOPMENTS, IT DOES NOT IMPLY THAT THE AMOUNT OF AID ITSELF SHOULD BE THE SAME THROUGHOUT THE COMMUNITY .

THE DIFFERENTIATION OF THE AMOUNT OF AID FOR THE PRIVATE STORAGE OF BUTTER PERMITS THE OBJECTIVE OF ENABLING STOCKS TO BE HELD ON THE MOST EFFECTIVE BASIS POSSIBLE TO BE ACHIEVED, AND, BECAUSE IT DOES NOT CALL INTO QUESTION THE SINGLE INTERVENTION PRICE AND DOES NOT AFFECT THE AMOUNT OF THE SINGLE TARGET PRICE, DOES NOT ADVERSELY AFFECT THE SINGLE MARKET FOR BUTTER .

2 . AS A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY, THE PROHIBITION OF DISCRIMINATION EXPRESSED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY DOES NOT PREVENT LIKE SITUATIONS FROM BEING TREATED DIFFERENTLY WHERE SUCH TREATMENT IS OBJECTIVELY JUSTIFIED .

3 . TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY THE INSTITUTIONS OF THE COMMUNITY IN THE EXERCISE OF THEIR POWER OF APPRAISAL WILL BE MAINTAINED . THIS IS ESPECIALLY TRUE OF AN AREA SUCH AS THE COMMON ORGANIZATION OF THE MARKETS WHOSE PURPOSE INVOLVES CONSTANT ADJUSTMENTS TO CHANGES IN THE ECONOMIC SITUATION .
Keywords



Keywords

++++

ECSC - PRODUCTION - QUOTA SYSTEM FOR STEEL PRODUCTION AND DELIVERY - QUOTAS EXCEEDED - CALCULATION - PRODUCTS OF CATEGORY IA - STOCKS TO BE TAKEN INTO ACCOUNT - LIMITS

( ECSC TREATY, ART . 58; DECISION NO 1696/82, ARTS 2*(1 ) AND 11*(6 )*)
Keywords

Summary



Keywords

++++

1 . COMPETITION - COMMUNITY RULES - OBLIGATIONS OF THE MEMBER STATES ( EEC TREATY, ARTS 85 AND 86 )

2 . COMPETITION - COMMUNITY RULES - OBLIGATIONS OF THE MEMBER STATES - LEGISLATION REQUIRING TRAVEL AGENTS TO OBSERVE TARIFFS SET BY TOUR OPERATORS - INCOMPATIBLE

( EEC TREATY, ARTS 3*(F ), 5 AND 85 )

3 . FREE MOVEMENT OF GOODS - TREATY PROVISIONS - SCOPE - TRAVEL - NOT INCLUDED

( EEC TREATY, ARTS 30 AND 34 )

Summary

1 . WHILE IT IS TRUE THAT ARTICLES 85 AND 86 OF THE TREATY CONCERN THE CONDUCT OF UNDERTAKINGS AND NOT LAWS OR REGULATIONS OF MEMBER STATES, THE TREATY NEVERTHELESS IMPOSES A DUTY ON MEMBER STATES NOT TO ADOPT OR MAINTAIN IN FORCE ANY MEASURE WHICH COULD DEPRIVE THOSE PROVISIONS OF THEIR EFFECTIVENESS . THAT WOULD BE THE CASE, IN PARTICULAR, IF A MEMBER STATE WERE TO REQUIRE OR FAVOUR THE ADOPTION OF AGREEMENTS, DECISIONS OR CONCERTED PRACTICES CONTRARY TO ARTICLE 85 OR TO REINFORCE THEIR EFFECTS .

2 . LEGISLATIVE PROVISIONS OR REGULATIONS OF A MEMBER STATE REQUIRING TRAVEL AGENTS TO OBSERVE THE PRICES AND TARIFFS FOR TRAVEL SET BY TOUR OPERATORS PROHIBITING THEM FROM SHARING THE COMMISSION PAID IN RESPECT OF THE SALE OF SUCH TRAVEL WITH THEIR CLIENTS OR GRANTING REBATES TO THEIR CLIENTS AND REGARDING SUCH ACTS AS CONTRARY TO FAIR COMMERCIAL PRACTICE ARE INCOMPATIBLE WITH THE OBLIGATIONS OF THE MEMBER STATES PURSUANT TO ARTICLES 5, IN CONJUNCTION WITH ARTICLES 3 ( F ) AND 85, OF THE EEC TREATY, WHERE THE OBJECT OR EFFECT OF SUCH NATIONAL PROVISIONS IS TO REINFORCE THE EFFECTS OF AGREEMENTS, DECISIONS OR CONCERTED PRACTICES WHICH ARE CONTRARY TO ARTICLE 85 .

3 . THE SALE OF TRAVEL CONSTITUTES THE PROVISION OF SERVICES AND NOT THE SALE OF GOODS, AND THE PROVISIONS OF THE TREATY ON THE FREE MOVEMENT OF GOODS ARE THEREFORE INAPPLICABLE .
Keywords

Summary



Keywords

++++

1 . EUROPEAN COMMUNITIES' OWN RESOURCES - REPAYMENT OR REMISSION OF IMPORT DUTIES - REGULATION ADOPTED UNDER THE EEC TREATY - APPLICATION TO GOODS FALLING UNDER THE ECSC TREATY

( EEC TREATY, ART . 232 ( 1 ); COUNCIL REGULATION NO 1430/79 )

2 . EUROPEAN COMMUNITIES' OWN RESOURCES - REPAYMENT OR REMISSION OF IMPORT DUTIES - ARTICLE 2 ( 1 ) OF REGULATION NO 1430/79 - DELIBERATELY FALSE DECLARATION OF THE PRICE OF IMPORTED GOODS - NOT APPLICABLE

( COUNCIL REGULATION NO 1430/79, ART . 2 ( 1 ) )

Summary

1 . ARTICLE 232 ( 1 ) OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT IN SO FAR AS MATTERS ARE NOT THE SUBJECT OF PROVISIONS IN THE ECSC TREATY OR RULES ADOPTED ON THE BASIS THEREOF, THE EEC TREATY AND THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION CAN APPLY TO PRODUCTS COVERED BY THE ECSC TREATY .

THAT IS THE CASE IN REGARD TO REGULATION NO 1430/79 ON THE REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES .

2 . THE SECOND INDENT OF ARTICLE 2 ( 1 ) OF REGULATION NO 1430/79, WHICH PROVIDES THAT IMPORT DUTIES ARE TO BE REPAID OR REMITTED IF IT IS OBVIOUS THAT THE AMOUNT OF SUCH DUTIES ENTERED IN THE ACCOUNTS EXCEEDS FOR ANY REASON THE AMOUNT LAWFULLY PAYABLE, APPLIES, HAVING REGARD TO THE RECITALS IN THE PREAMBLE TO THE REGULATION, TO CASES OF ERROR . IT DOES NOT APPLY WHEN THE TRADER LIABLE FOR THE IMPORT DUTIES HAS, AT THE TIME OF ENTRY OF THE GOODS FOR FREE CIRCULATION, DECLARED A PRICE HIGHER THAN THAT WHICH HE ACTUALLY HAD TO PAY, TAKING INTO ACCOUNT THE DISCOUNTS AND BONUSES GRANTED TO HIM ON ACCOUNT OF THE QUANTITIES ORDERED, AND WHEN THE DECLARATION OF THE HIGHER PRICE WAS DESIGNED TO ENABLE THE GOODS TO BE RELEASED FOR FREE CIRCULATION ON THE BASIS OF A LICENCE WHICH MADE NO MENTION OF THOSE DISCOUNTS AND BONUSES .
Keywords

Summary



Keywords

++++

ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - TRANSPOSITION OF A DIRECTIVE WITHOUT LEGISLATIVE ACTION - CONDITIONS - EXISTENCE OF A GENERAL LEGAL CONTEXT ENSURING THE FULL APPLICATION OF THE DIRECTIVE

( EEC TREATY, ART . 189, THIRD PARAGRAPH )

ENVIRONMENT - CONSERVATION OF WILD BIRDS - MANAGEMENT OF A COMMON HERITAGE - DIRECTIVE 79/409 - NECESSITY FOR FAITHFUL TRANSPOSITION BY THE MEMBER STATES

( COUNCIL DIRECTIVE 79/409 )

Summary

THE TRANSPOSITION OF A DIRECTIVE INTO NATIONAL LAW DOES NOT NECESSARILY REQUIRE THE PROVISIONS OF THE DIRECTIVE TO BE ENACTED IN PRECISELY THE SAME WORDS IN A SPECIFIC, EXPRESS LEGAL PROVISION; A GENERAL LEGAL CONTEXT MAY BE SUFFICIENT IF IT ACTUALLY ENSURES THE FULL APPLICATION OF THE DIRECTIVE IN A SUFFICIENTLY CLEAR AND PRECISE MANNER .

HOWEVER, A FAITHFUL TRANSPOSITION BECOMES PARTICULARLY IMPORTANT IN A CASE SUCH AS THE TRANSPOSITION OF DIRECTIVE 79/409 CONCERNING THE CONSERVATION OF WILD BIRDS IN WHICH THE MANAGEMENT OF THE COMMON HERITAGE IS ENTRUSTED TO THE MEMBER STATES IN THEIR RESPECTIVE TERRITORIES .
Keywords

Operative part



Keywords

++++

1. Free movement of goods - Quantitative restrictions - Measure having equivalent effect - Reservation of part of a public contract to undertakings established in a given region of the national territory - Not permissible - Measure favouring only part of national production - No impact

(EEC Treaty, Art. 30)

2. Free movement of goods - Quantitative restrictions - Measure having equivalent effect - Measure capable of being classified as aid within the meaning of Article 92 of the Treaty - Possibility not excluding the applicability of the prohibition of measures having equivalent effect

(EEC Treaty, Arts 30 and 92)

Operative part

hereby:

1. Declares that, by requiring public bodies to purchase vehicles of domestic manufacture in order to qualify for the aid provided for by Law No 151 of 10 April 1991, the Italian Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty;

2. Orders the Italian Republic to pay the costs.
Keywords

Summary



Keywords

++++

1 . Competition - Community rules - Territorial scope - Pricing agreement between producers established outside the Community - Purchasers established within the Community - Implementation of the agreement within the Community - Application of Community law - Conformity with public international law - Recourse to subsidiaries, agents or branches within the common market - Immaterial

( EEC Treaty, Art . 85 )

2 . Public international law - Principle of non-intervention - Where applicable

3 . International agreements - Agreement between EEC and Finland - Competition rules - No barrier to application of Articles 85 and 86 of the Treaty

( EEC Treaty, Arts 85 and 86; Agreement between EEC and Finland, Arts 23 and 27 )

Summary

1 . Where producers established outside the Community sell directly to purchasers established in the Community and engage in price competition in order to win orders from those customers, that constitutes competition within the common market .

It follows that where those producers concert on the prices to be charged to their customers in the Community and put that concertation into effect by selling at prices which are actually coordinated, they are taking part in concertation which has the object and effect of restricting competition within the common market within the meaning of Article 85 of the Treaty .

The Community' s jurisdiction to apply its competition rules to such conduct is covered by the territoriality principle as universally recognized in public international law . Under the rules against agreements, decisions or concerted practices, the decisive factor is where the agreement, decision or concerted practice is implemented rather than where it is formed . It is immaterial whether or not the producers had recourse to subsidiaries, agents, sub-agents, or branches within the Community in order to make their contacts with purchasers within the Community .

2 . Where there is no contradiction between the conduct required of an undertaking from a non-member country operating in the common market by the Community competition rules and that required by the legislation of that non-member country, which authorizes export cartels but does not require them to be concluded, there is, in public international law, no conflict regarding the exercise of competing national jurisdictions which has to be resolved by applying a principle of non-intervention .

3 . Articles 23 and 27 of the Free Trade Agreement between the Community and Finland do not preclude the application of Articles 85 and 86 of the EEC Treaty .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FOOD AID - IMPLEMENTATION - STANDING INVITATION TO TENDER FOR THE SUPPLY OF WHITE SUGAR TO UNRWA - QUALITY CONTROL - QUALITY INFERIOR TO THE STANDARD - DISCOVERY AFTER DELIVERY - CONSEQUENCES

( COMMISSION REGULATION NO 434/82, ARTS 1 ( 2 ), 9 ( 5 ) AND 10 ( 1 ))

2 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - CRITERIA FOR ASSESSMENT

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FOOD AID - IMPLEMENTATION - STANDING INVITATION TO TENDER FOR THE SUPPLY OF WHITE SUGAR TO UNRWA - SECURITY SCHEME - FAILURE TO COMPLY WITH REQUIREMENTS WITH REGARD TO QUALITY - FORFEITURE OF THE WHOLE SECURITY - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( COMMISSION REGULATION NO 434/82, ART . 7 ( 3 ))

Summary

1 . THE QUALITY CONTROL OF SUGAR PROVIDED FOR IN COMMISSION REGULATION NO 434/82 ON A STANDING INVITATION TO TENDER FOR THE SUPPLY OF WHITE SUGAR TO UNRWA AS FOOD AID, AS AMENDED BY REGULATION NO 939/82, MUST NORMALLY BE CARRIED OUT AT THE TIME OF LOADING . HOWEVER, ACCOUNT MAY BE TAKEN OF THE RESULTS OF THAT CONTROL EVEN IF THEY ARE KNOWN ONLY AT A LATER DATE .

IF, AFTER UNRWA HAS DISPOSED OF THE GOODS, IT PROVES THAT THE SUGAR WAS OF A QUALITY LOWER THAN THE STANDARD QUALITY, ARTICLE 10 OF REGULATION NO 434/82 DOES NOT REQUIRE THE NATIONAL INTERVENTION AGENCY OF THE EXPORTING MEMBER STATE TO PAY THE TENDERER THE PRICE INITIALLY AGREED ON FOR SUGAR OF THE STANDARD QUALITY EVEN IF ALL THE DOCUMENTS REQUIRED BY THAT ARTICLE HAVE BEEN DRAWN UP BY UNRWA .

2 . IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO VERIFY WHETHER THE MEANS WHICH IT EMPLOYS ARE APPROPRIATE TO ACHIEVE THE OBJECTIVE PURSUED AND WHETHER OR NOT THEY GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT .

3 . ARTICLE 7 ( 3 ) OF REGULATION NO 434/82 MUST BE INTERPRETED AS MEANING THAT THE SECURITY FOR TENDER IS FORFEITED IN ITS ENTIRETY IF THE SUGAR SUPPLIED IS NOT OF THE STANDARD QUALITY EVEN IF THE BENEFICIARY OF THE AID HAS ALREADY DISPOSED OF IT . THAT PROVISION DOES NOT INFRINGE THE PRINCIPLE OF PROPORTIONALITY SINCE THE LOSS OF THE SECURITY IS NOT UNJUSTIFIED WHERE A PRINCIPAL OBLIGATION GUARANTEED BY IT HAS NOT BEEN FULFILLED AND THE PENALTY DOES NOT GO BEYOND WHAT IS NECESSARY FOR THE DESIRED DISSUASIVE EFFECT .
Keywords

Summary



Keywords

1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - ARTICLE 173 OF THE EEC TREATY - ACTS OPEN TO CHALLENGE - ACTS OF THE PARLIAMENT INTENDED TO HAVE LEGAL EFFECTS VIS-A-VIS THIRD PARTIES - DECLARATION BY THE PRESIDENT OF THE PARLIAMENT OF THE FINAL ADOPTION OF THE BUDGET

( EEC TREATY , ARTS 173 AND 203 ( 7 ) AND ( 10 ))

2 . BUDGET OF THE EUROPEAN COMMUNITIES - BUDGETARY PROCEDURE - ABSENCE OF AGREEMENT BETWEEN THE COUNCIL AND THE PARLIAMENT TO AMEND THE MAXIMUM RATE OF INCREASE IN NON-COMPULSORY EXPENDITURE - DECLARATION BY THE PRESIDENT OF THE PARLIAMENT OF THE FINAL ADOPTION OF THE BUDGET - ILLEGALITY

( EEC TREATY , ART . 203 ( 7 ) AND ( 9 ))

3 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - JUDGMENT DECLARING A MEASURE VOID - EFFECTS - LIMITATION BY THE COURT - INVALIDITY OF THE BUDGET OF THE EUROPEAN COMMUNITIES

( EEC TREATY , SECOND PARAGRAPH OF ART . 174 )

Summary

1 . AMONG THE ACTS OF THE PARLIAMENT AGAINST WHICH AN ACTION FOR ANNULMENT MAY BE BROUGHT PURSUANT TO ARTICLE 173 OF THE EEC TREATY IS THE DECLARATION BY THE PRESIDENT OF THE PARLIAMENT , ACTING IN HIS CAPACITY AS AN ORGAN OF THAT INSTITUTION , THAT THE BUDGET OF THE EUROPEAN COMMUNITIES HAS BEEN FINALLY ADOPTED .

THIS POSSIBILITY TO REFER ACTS OF THE BUDGETARY AUTHORITY FOR REVIEW BY THE COURT , WHICH IS NOT EXCLUDED BY ANY PROVISION OF THE TREATY , IS SUCH AS TO ENSURE THAT EACH INSTITUTION EXERCISES THE POWERS CONFERRED ON IT IN RESPECT OF THE BUDGET WITH DUE REGARD FOR THE PROVISIONS OF THE TREATY , AS LAID DOWN IN ARTICLE 203 ( 10 ).

2 . SINCE , NOTWITHSTANDING THE FACT THAT THE COMMISSION , THE COUNCIL AND THE PARLIAMENT CONCURRED IN THE VIEW THAT THE MAXIMUM RATE OF INCREASE IN NON-COMPULSORY EXPENDITURE , AS FIXED BY THE COMMISSION PURSUANT TO ARTICLE 203 ( 9 ) OF THE EEC TREATY , WAS NOT ADEQUATE TO ENABLE THE COMMUNITIES TO FUNCTION PROPERLY DURING THE FINANCIAL YEAR IN QUESTION , THE COUNCIL AND THE PARLIAMENT WERE UNABLE TO AGREE ON A NEW MAXIMUM RATE , THE BUDGETARY PROCEDURE CANNOT BE REGARDED AS COMPLETED SO THAT THE DECLARATION , IN THOSE CIRCUMSTANCES , BY THE PRESIDENT OF THE PARLIAMENT THAT THE BUDGET HAS BEEN FINALLY ADOPTED IS VITIATED BY ILLEGALITY AND MUST BE DECLARED VOID .

3 . WHEN THE DECLARATION BY THE COURT , IN PROCEEDINGS UNDER ARTICLE 173 OF THE EEC TREATY , THAT THE BUDGET OF THE EUROPEAN COMMUNITIES FOR A GIVEN FINANCIAL YEAR IS INVALID COMES AT A TIME WHEN A SUBSTANTIAL PART OF THAT FINANCIAL YEAR HAS ALREADY ELAPSED , THE NEED TO GUARANTEE THE CONTINUITY OF THE EUROPEAN PUBLIC SERVICE AND ALSO IMPORTANT REASONS OF LEGAL CERTAINTY WHICH MAY BE COMPARED WITH THOSE WHICH APPLY IN THE CASE OF THE ANNULMENT OF CERTAIN REGULATIONS , JUSTIFY THE COURT IN EXERCISING THE POWER EXPRESSLY CONFERRED ON IT BY THE SECOND PARAGRAPH OF ARTICLE 174 OF THE TREATY AND IN STATING THE EFFECTS OF THE BUDGET IN QUESTION WHICH MUST BE CONSIDERED AS DEFINITIVE .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRICE FORMATION - NATIONAL MEASURES - INCOMPATIBILITY WITH COMMUNITY RULES - CRITERIA

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - BEEF AND VEAL - PRICE SYSTEM - NATIONAL RULES FREEZING PRICES AT THE WHOLESALE STAGE - NOT PERMISSIBLE

( REGULATION NO 121/67/EEC OF THE COUNCIL AND REGULATION ( EEC ) NO 805/68 OF THE COUNCIL )

Summary

1 . MEMBER STATES CAN NO LONGER TAKE ACTION, THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY, AFFECTING THE MACHINERY OF PRICE FORMATION AS ESTABLISHED UNDER A COMMON ORGANIZATION OF THE MARKETS IN WHICH A CENTRAL PLACE IS HELD BY A SINGLE PRICE SYSTEM . HOWEVER, THE PROVISIONS OF A COMMUNITY AGRICULTURAL REGULATION WHICH COMPRISE A PRICE SYSTEM APPLICABLE AT THE PRODUCTION AND WHOLESALE STAGES LEAVE MEMBER STATES FREE ( WITHOUT PREJUDICE TO OTHER PROVISIONS OF THE TREATY ) TO TAKE APPROPRIATE MEASURES RELATING TO PRICE FORMATION AT THE RETAIL AND CONSUMPTION STAGES, ON CONDITION THAT SUCH MEASURES DO NOT JEOPARDIZE THE AIMS OR FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKETS, IN PARTICULAR THE PRICE SYSTEM .

2 . REGULATION NO 121/67/EEC OF THE COUNCIL ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT AND REGULATION ( EEC ) NO 805/68 OF THE COUNCIL ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL MUST BE INTERPRETED AS PROHIBITING MEMBER STATES FROM ADOPTING OR CONTINUING TO APPLY NATIONAL RULES ON THE FREEZING OF PRICES AT THE WHOLESALE STAGE FOR PRODUCTS COVERED BY THE COMMON ORGANIZATION OF THE MARKET ESTABLISHED BY THOSE TWO REGULATIONS . THAT IS STILL THE CASE WHEN THE NATIONAL RULES CONCERNED ARE OF ONLY LIMITED DURATION OR WHEN THEY INCLUDE A REVISION CLAUSE THE PURPOSE OF WHICH IS TO ALIGN THE FROZEN PRICES ON THOSE FIXED BY VIRTUE OF THE COMMUNITY REGULATIONS .