ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - PROMOTION - DISCRETION OF THE ADMINISTRATION - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS, ART . 45 )

2 . OFFICIALS - PROMOTION - CONSIDERATION OF THE COMPARATIVE MERITS - A*2 AND A*3 POSTS - PARTICIPATION OF AN ADVISORY COMMITTEE NOT PROVIDED FOR BY THE STAFF REGULATIONS - FREEDOM OF THE ADMINISTRATION TO DECIDE ITS COMPOSITION AND RESPONSIBILITIES

( STAFF REGULATIONS OF OFFICIALS, ART . 45 )

Summary

1 . IN ASSESSING THE INTERESTS OF THE SERVICE AND THE QUALIFICATIONS AND MERITS OF THE CANDIDATES TO BE TAKEN INTO CONSIDERATION IN MAKING A PROMOTION DECISION PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS, THE APPOINTING AUTHORITY POSSESSES A WIDE DISCRETION, AND IN THAT CONNECTION THE COURT' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER, HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE QUALIFICATIONS AND MERITS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY .

2 . ALTHOUGH DECISIONS ON PROMOTION AND THE CONSIDERATION OF THE COMPARATIVE MERITS OF THE CANDIDATES PROVIDED FOR IN ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS ARE THE SOLE RESPONSIBILITY OF THE APPOINTING AUTHORITY, THE LATTER MAY INVOLVE IN THE PREPARATORY STAGE OF THOSE DECISIONS AN ADVISORY BODY SUCH AS A COMMITTEE RESPONSIBLE FOR EXAMINING APPLICATIONS FOR POSTS IN GRADES A*2 AND A*3 WHOSE COMPOSITION AND RESPONSIBILITIES IT IS FREE TO DECIDE . THE TAKING INTO CONSIDERATION OF THE OPINION OF SUCH A BODY CANNOT IN ITSELF VITIATE A DECISION OF THE ADMINISTRATION .
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APPROXIMATION OF LAWS - CREDIT INSTITUTIONS - DIRECTIVE 77/780 - SCOPE - DETERMINATION OF THE STATUS OF CREDIT INSTITUTIONS AND OF THE CRIMINAL LIABILITY OF THEIR EMPLOYEES - POWERS OF THE MEMBER STATES

( COUNCIL DIRECTIVE 77/780 )

Summary

COUNCIL DIRECTIVE 77/780 CONTAINS NO PROVISION GOVERNING THE STATUS WHICH IS TO BE GIVEN TO CREDIT INSTITUTIONS UNDER THE NATIONAL LAW OF THE MEMBER STATES OR THE EXTENT OF ANY CRIMINAL LIABILITY ON THE PART OF THEIR EMPLOYEES . CONSEQUENTLY THE DIRECTIVE DOES NOT DETRACT FROM THE MEMBER STATES' POWER TO LAY DOWN RULES ON THE LEGAL STATUS OF CREDIT INSTITUTIONS AND, IN PARTICULAR, DOES NOT PUT THEM UNDER A DUTY TO REQUIRE THAT THE DUTIES AND POWERS GIVEN BY CREDIT INSTITUTIONS TO THEIR EMPLOYEES SHOULD BE OF A PRIVATE NATURE .

THE CLASSIFICATION OF EMPLOYEES OF CREDIT INSTITUTIONS AS "PUBLIC OFFICIALS" OR AS "PERSONS RESPONSIBLE FOR A PUBLIC SERVICE" FOR THE PURPOSES OF THE APPLICATION OF THE CRIMINAL LAW OF A MEMBER STATE IS THEREFORE NOT CONTRARY TO THE PROVISIONS OR THE OBJECTIVE OF DIRECTIVE 77/780 .
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1 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - MARITAL STATUS AND SPOUSE' S INCOME AS CRITERIA FOR INCREASES IN BENEFITS IN RESPECT OF INCAPACITY FOR WORK - WHEN PERMITTED - CONDITIONS

( COUNCIL DIRECTIVE 79/7, ART . 4(1 )*)

2 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - NATIONAL PROVISIONS GUARANTEEING BENEFITS IN RESPECT OF INCAPACITY EQUAL TO THE STATUTORY MINIMUM WAGE - AMENDMENT - CONTINUANCE OF THE GUARANTEE ONLY IF THERE IS A DEPENDENT SPOUSE OR CHILD - WHETHER PERMITTED

( COUNCIL DIRECTIVE 79/7, ART . 4 ( 1 )*)

Summary

1 . ARTICLE 4 ( 1 ) OF COUNCIL DIRECTIVE 79/7/EEC OF 19 DECEMBER 1978 IS TO BE INTERPRETED AS MEANING THAT A SYSTEM OF BENEFITS IN RESPECT OF INCAPACITY FOR WORK UNDER WHICH THE AMOUNT OF THE BENEFIT IS DETERMINED IN PART BY MARITAL STATUS AND BY THE INCOME EARNED FROM OR IN CONNECTION WITH WORK OF A SPOUSE IS CONSISTENT WITH THAT PROVISION IF THE SYSTEM SEEKS TO ENSURE AN ADEQUATE MINIMUM SUBSISTENCE INCOME FOR BENEFICIARIES WHO HAVE A DEPENDENT SPOUSE OR CHILDREN, BY MEANS OF A SUPPLEMENT TO THE SOCIAL SECURITY BENEFIT WHICH COMPENSATES FOR THE GREATER BURDENS THEY BEAR IN COMPARISON WITH SINGLE PERSONS .

2 . ARTICLE 4 ( 1 ) OF DIRECTIVE 79/7/EEC IS TO BE INTERPRETED AS MEANING THAT LEGISLATION UNDER WHICH THE GUARANTEE PREVIOUSLY APPLICABLE TO ALL WORKERS SUFFERING FROM AN INCAPACITY FOR WORK WHOSE INCOME WAS APPROXIMATELY EQUAL TO THE STATUTORY MINIMUM WAGE THAT THEIR ( NET ) BENEFITS WOULD BE AT LEAST EQUAL TO THE ( NET ) STATUTORY MINIMUM WAGE IS RESTRICTED TO PERSONS HAVING A DEPENDENT SPOUSE OR CHILD OR WHOSE SPOUSE HAS A VERY SMALL INCOME IS COMPATIBLE WITH THAT PROVISION .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - AGE-LIMIT APPLICABLE TO CANDIDATES - EXTENSION FOR SERVANTS OF THE COMMUNITIES - CONCEPT OF AGENT - SELF-EMPLOYED PROOF-READER - NOT INCLUDED

( STAFF REGULATIONS OF OFFICIALS, ANNEX III, ART . 1*(1)*(G ))

2 . OFFICIALS - ACTIONS - INTEREST IN BRINGING PROCEEDINGS - SUBMISSION OF INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT - CIRCUMSCRIBED POWERS OF THE ADMINISTRATION - SUBMISSION NOT VALID

( STAFF REGULATIONS OF OFFICIALS, ART . 91 )

Summary

1 . WHERE, PURSUANT TO ARTICLE 1*(1)*(G ) OF ANNEX III TO THE STAFF REGULATIONS, THE NOTICE OF COMPETITION SPECIFIES THE AGE-LIMIT APPLICABLE TO THE CANDIDATES AND PROVIDES FOR ITS EXTENSION FOR SERVANTS OF THE COMMUNITIES WHO HAVE COMPLETED NOT LESS THAN ONE YEAR' S SERVICE, THE TERM "SERVANT" MUST BE INTERPRETED AS REFERRING, ON THE ONE HAND, TO OFFICIALS OF THE COMMUNITIES AND, ON THE OTHER HAND, TO "OTHER SERVANTS" AS DEFINED IN ARTICLE 1 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES, NAMELY TEMPORARY STAFF, AUXILIARY STAFF, LOCAL STAFF AND SPECIAL ADVISERS . A SELF-EMPLOYED PROOF-READER SUPPLYING SERVICES ON DEMAND DOES NOT FALL WITHIN ANY OF THOSE CATEGORIES .

2 . AN APPLICANT HAS NO LEGITIMATE INTEREST IN SEEKING THE ANNULMENT OF A DECISION FOR BREACH OF A PROCEDURAL REQUIREMENT WHEN THE ADMINISTRATION HAS NO DISCRETION AND IS BOUND TO ACT AS IT DID . IN SUCH A CASE THE ANNULMENT OF THE CONTESTED DECISION COULD ONLY GIVE RISE TO ANOTHER DECISION SUBSTANTIALLY IDENTICAL TO THE DECISION ANNULLED .
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ENVIRONMENT - CONSERVATION OF WILD BIRDS - DIRECTIVE 79/409/EEC - IMPLEMENTATION BY THE MEMBER STATES - CONDITIONS FOR THE MAKING OF EXCEPTIONS TO THE PROHIBITIONS LAID DOWN IN THE DIRECTIVE

( COUNCIL DIRECTIVE 79/409/EEC, ARTS 5 AND 9 )

Summary

A MEMBER STATE WHICH, IN THE LAW TRANSPOSING DIRECTIVE 79/409/EEC CONCERNING THE CONSERVATION OF WILD BIRDS, PROVIDES THAT THE GENERAL PROHIBITIONS LAID DOWN IN ARTICLE 5 OF THE DIRECTIVE ON THE DELIBERATE KILLING OR CAPTURE OF THE SPECIES OF BIRDS REFERRED TO IN ARTICLE 1 OF THE DIRECTIVE AND ON THE DELIBERATE DESTRUCTION OF, OR DAMAGE TO, THEIR NESTS AND EGGS AND THE DELIBERATE DISTURBANCE OF THOSE BIRDS, IN SO FAR AS THEIR DISTURBANCE WOULD BE SIGNIFICANT HAVING REGARD TO THE OBJECTIVES OF THE DIRECTIVE, DO NOT APPLY WHERE THE ACTS CONCERNED TAKE PLACE IN THE COURSE OF THE NORMAL USE OF THE LAND FOR AGRICULTURAL, FORESTRY OR FISHING PURPOSES OR IN THE CONTEXT OF THE EXPLOITATION OF THE PRODUCTS OBTAINED FROM SUCH ACTIVITIES, HAS NOT CORRECTLY TRANSPOSED THE DIRECTIVE . BY SO DOING, IT IS AUTHORIZING DEROGATIONS WHICH DO NOT MEET THE REQUIREMENTS LAID DOWN IN THIS REGARD IN ARTICLE 9 OF THE DIRECTIVE .
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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/EEC - 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 OF NATIONAL LAW; 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 .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR SKIMMED-MILK POWDER USED FOR ANIMAL FEEDINGSTUFFS - SALE BY THE INTERVENTION BODY OF ONE MEMBER STATE OF SKIMMED-MILK POWDER FROM INTERVENTION STOCKS IN ANOTHER MEMBER STATE - DATE BY REFERENCE TO WHICH AID IS TO BE CALCULATED - DATE OF PROCESSING

( REGULATION NO 804/68 OF THE COUNCIL, ART . 10; COMMISSION REGULATIONS NOS 1624/76, 1725/79 AND 516/80, AS AMENDED BY REGULATION NO 1146/80 )

2 . FISHERIES - COMMON ORGANIZATION OF THE MARKETS - WITHDRAWAL OF FISHERY PRODUCTS FROM THE MARKET - PAYMENT OF FINANCIAL COMPENSATION TO PRODUCERS' ORGANIZATIONS - FINANCING BY THE EAGGF - CONDITIONS - SUPERVISION OF ORGANIZATIONS BY THE MEMBER STATES

( COMMISSION REGULATION NO 2062/80, ART . 8 )

Summary

1 . THE PROVISIONS APPLICABLE TO AID PAID IN RESPECT OF SKIMMED-MILK POWDER INTENDED TO BE USED AS ANIMAL FEEDINGSTUFFS, TAKEN TOGETHER, REVEAL THE EXISTENCE OF A GENERAL RULE TO THE EFFECT THAT THE AID MUST BE CALCULATED ON THE BASIS OF THE SITUATION WHICH EXISTS ON THE DAY ON WHICH IT IS PROCESSED AND AN ADDITIONAL AMOUNT MAY BE GRANTED WHERE THERE HAS BEEN PRIOR PAYMENT OF AID OF A LOWER AMOUNT .

IN THE ABSENCE OF A CONTRARY PROVISION, THE SAME RULE APPLIES TO THE CASES NOT EXPRESSLY REFERRED TO IN THESE PROVISIONS IN WHICH A TRADER BUYS FROM THE INTERVENTION AGENCY IN HIS OWN COUNTRY SKIMMED-MILK POWDER COMING FROM INTERVENTION STOCKS HELD IN ANOTHER MEMBER STATE, UNLESS THE NATURE OF THAT SITUATION IS SUCH AS TO GIVE STRONG EVIDENCE THAT THE SITUATION EXISTING AT ANOTHER TIME IS TO BE TAKEN INTO ACCOUNT FOR CALCULATING THE AID .

2 . FINANCIAL COMPENSATION FOR THE WITHDRAWAL FROM THE MARKET OF FISHERY PRODUCTS CANNOT BE CHARGED TO THE EAGGF IF THE PRODUCERS' ORGANIZATION HAS NOT BEEN SUBJECT TO THE CONTINUOUS SUPERVISION, BY THE MEMBER STATE CONCERNED, OF ITS OPERATIONS PROVIDED FOR UNDER THE COMMUNITY RULES ON THE RECOGNITION OF SUCH ORGANIZATIONS .
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APPROXIMATION OF LAWS - CLASSIFICATION, PACKAGING AND LABELLING OF DANGEROUS SUBSTANCES - DIRECTIVE 67/548/EEC - OBLIGATION TO NOTIFY NEW SUBSTANCES - COMMUNITY RULES EXHAUSTIVE

( COUNCIL DIRECTIVE 67/548/EEC, AS AMENDED BY DIRECTIVE 79/831/EEC )

Summary

DIRECTIVE 67/548/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE CLASSIFICATION, PACKAGING AND LABELLING OF DANGEROUS SUBSTANCES, AS AMENDED BY DIRECTIVE 79/831/EEC, IS DESIGNED TO ATTAIN TWO OBJECTIVES : THE PROTECTION OF THE POPULATION AND THE ENVIRONMENT AND THE ELIMINATION OF OBSTACLES TO TRADE IN DANGEROUS SUBSTANCES IN THE COMMUNITY . THE RULES WHICH IT LAYS DOWN CONCERNING THE OBLIGATION OF TRADERS TO NOTIFY THE PLACING ON THE MARKET OF NEW SUBSTANCES ARE EXHAUSTIVE AND PRECLUDE THE INTRODUCTION BY MEMBER STATES, IN LEGISLATION ADOPTED TO IMPLEMENT THE DIRECTIVE, OF PROVISIONS WIDENING OR RESTRICTING THAT OBLIGATION .
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ACTION FOR FAILURE TO FULFIL OBLIGATIONS - JUDGMENT OF THE COURT ESTABLISHING A BREACH OF OBLIGATIONS - EFFECTS - OBLIGATIONS OF THE MEMBER STATE FOUND TO BE IN BREACH OF ITS OBLIGATIONS - PROHIBITION AGAINST REINTRODUCING IN ANOTHER FORM THE PROVISIONS CONSTITUTING THE BREACH - SPECIFIC CASE

( EEC TREATY, ARTS 169 AND 171 )

Summary

A MEMBER STATE HAS NOT TAKEN THE NECESSARY MEASURES TO COMPLY WITH A JUDGMENT OF THE COURT FINDING IT TO BE IN BREACH OF ITS OBLIGATIONS FOR HAVING LAID DOWN, IN BREACH OF A COMMUNITY DIRECTIVE, A MINIMUM TAXABLE AMOUNT EQUAL TO THE LIST PRICE FOR THE PURPOSES OF VAT ON SALES OF NEW CARS IF, WHILST

ABOLISHING THE SAID MINIMUM TAXABLE AMOUNT, IT ADJUSTS AN EXISTING REGISTRATION TAX IN SUCH A WAY THAT BY THE COMBINED EFFECT OF VAT AND THAT TAX, WHICH ONLY APPEARS TO BE A SEPARATE TAX, THE TOTAL AMOUNT OF TAX LEVIED REMAINS THE SAME .
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APPROXIMATION OF LAWS - CREDIT INSTITUTIONS - DIRECTIVE 77/780 - SCOPE - DETERMINATION OF THE STATUS OF CREDIT INSTITUTIONS AND THE CRIMINAL LIABILITY OF THEIR EMPLOYEES - POWER OF MEMBER STATES

( DIRECTIVE 77/780 )

Summary

DIRECTIVE 77/780 DOES NOT DETRACT FROM THE POWER OF THE MEMBER STATES TO LAY DOWN RULES ON THE LEGAL STATUS OF CREDIT INSTITUTIONS . THE CLASSIFICATION OF EMPLOYEES OF CREDIT INSTITUTIONS AS "PUBLIC OFFICIALS" OR AS "PERSONS RESPONSIBLE FOR A PUBLIC SERVICE" FOR THE PURPOSES OF THE APPLICATION OF THE CRIMINAL LAW OF A MEMBER STATE IS NOT CONTRARY TO THE PROVISIONS OR THE OBJECTIVE OF THAT DIRECTIVE .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the marketing of imported pasta made from common wheat or a mixture of common wheat and durum wheat - Not permissible - Justification - Consumer protection - Fair trading - Protection of public health - No justification

( EEC Treaty, Arts 30 and 36 )

2 . Free movement of goods - National derogating measures - Prohibition - Support of the policy pursued under a common organization of the market - Unacceptable justification

Summary

1 . The extension to imported products of a prohibition on the sale of pasta made from common wheat or from a mixture of common wheat and durum wheat, effected by national legislation on pasta products, is incompatible with Articles 30 and 36 of the Treaty .

Such an obstacle cannot be justified by the requirement of protecting consumers, since that requirement can be satisfied by less restrictive means such as the compulsory indication of the precise composition of the products marketed or the introduction of a special description confined to pasta made exclusively from durum wheat . The same considerations apply to the need to ensure fair trading .

Similarly, such an obstacle cannot be justified on the grounds of the protection of public health unless there is evidence to show that pasta products made from common wheat contain chemical additives or colorants . In any event, such a general marketing prohibition is contrary to the principle of proportionality .

2 . Once the Community has established a common market organization in a particular sector, the Member States must refrain from taking any unilateral measure even if that measure is likely to support the common policy of the Community . Consequently, if problems arise in finding market outlets for a product covered by such a common organization - and this cannot be argued when the statistics show that the product in question benefits from competition based on quality - it is for the Community and not for a Member State to seek a solution in the context of the common agricultural policy .
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1 . AGRICULTURE - EAGGF - CLEARANCE OF ACCOUNTS - DISALLOWANCE OF EXPENDITURE ARISING FROM IRREGULARITIES IN THE APPLICATION OF THE COMMUNITY RULES - LIMITED BY THE COMMISSION TO THE COST TO THE EAGGF OF THE IRREGULARITIES - BURDEN OF PROOF - DIVIDED BETWEEN THE COMMISSION AND THE MEMBER STATE CONCERNED

( REGULATION NO 729/70 OF THE COUNCIL, ARTS 2, 3 AND 5 ( 2 ) ( B ) )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - PRINCIPLES - DISALLOWANCE OF EXPENDITURE RELATED TO UNLAWFUL PRACTICES - PRACTICES BRINGING ABOUT SAVINGS IN RESPECT OF OTHER ITEMS OF EAGGF EXPENDITURE - NO EFFECT

( REGULATION NO 729/70 OF THE COUNCIL, ARTS 2 AND 3 )

3 . DECISIONS OF THE INSTITUTIONS - REASONS - OBLIGATION TO STATE THEM - SCOPE - DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF

( EEC TREATY, ART . 190 )

Summary

1 . WHEN THE COMMISSION REFUSES TO CHARGE CERTAIN EXPENDITURE TO THE EAGGF ON THE GROUND THAT IT WAS INCURRED AS A RESULT OF BREACHES OF COMMUNITY RULES IMPUTABLE TO A MEMBER STATE, IT MUST ESTABLISH THAT THAT MEMBER STATE HAS INFRINGED THE RULES OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS . WHEN THE AMOUNT DISALLOWED HAS BEEN CALCULATED BY EXAMINING THE MANNER IN WHICH THE IRREGULARITY AFFECTED EAGGF EXPENDITURE, IT IS FOR THE MEMBER STATE CONTESTING THE DISALLOWANCE TO PROVE THAT EAGGF EXPENDITURE WAS NOT INCREASED AS A RESULT OF THAT IRREGULARITY OR THAT IT WAS INCREASED BY AN AMOUNT LESS THAN THAT CALCULATED BY THE COMMISSION .

2 . ARTICLES 2 AND 3 OF REGULATION NO 729/70 PERMIT THE COMMISSION TO CHARGE TO THE EAGGF ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUM PAID, AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS .

THE FACT THAT UNLAWFUL NATIONAL PRACTICES WHICH LED TO THE INCURRING OF EXPENDITURE IN BREACH OF THE RULES GOVERNING THE ADMINISTRATION OF THE COMMON AGRICULTURAL POLICY MIGHT HAVE HAD BENEFICIAL EFFECTS AS REGARDS SUMS ENTERED UNDER OTHER ITEMS OF EAGGF EXPENDITURE IS IRRELEVANT IN THIS REGARD . IF THIS WERE NOT SO, THE PROCEDURE FOR THE CLEARANCE OF ACCOUNTS WOULD BE DEFLECTED FROM ITS ESSENTIAL PURPOSE, WHICH IS TO VERIFY THE REGULARITY OF EXPENDITURE .

3 . A DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF BY WHICH THE CHARGING TO THE EAGGF OF PART OF THE EXPENDITURE DECLARED IS REFUSED DOES NOT REQUIRE DETAILED REASONS IF THE GOVERNMENT CONCERNED WAS CLOSELY INVOLVED IN THE PROCESS BY WHICH THE DECISION CAME ABOUT AND IS THEREFORE AWARE OF THE REASON FOR WHICH THE COMMISSION CONSIDERS THAT IT MUST NOT CHARGE THE SUMS IN DISPUTE TO THE EAGGF .
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AID GRANTED BY MEMBER STATES - COMMISSION DECISION FINDING AID INCOMPATIBLE WITH THE COMMON MARKET - DECISION REQUIRING THE AID TO BE REPAID - OBLIGATION OF THE MEMBER STATE TO COMPLY WITH IT IN THE TIME ALLOWED

( EEC TREATY, ARTS 92 AND 93 )
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COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - NATIONAL LEGISLATION ON THE PRICE OF BOOKS - DIFFERENCE OF TREATMENT IN FAVOUR OF RE-IMPORTED BOOKS - WHETHER PERMISSIBLE

( EEC TREATY, ART . 7 )

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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL LEGISLATION ON THE PRICE OF BOOKS - DIFFERENCE OF TREATMENT IN FAVOUR OF RE-IMPORTED BOOKS - WHETHER PERMISSIBLE

( EEC TREATY, ART . 7 )

Summary

NEITHER ARTICLE 7 OF THE EEC TREATY NOR ARTICLE 30 THEREOF NOR THE GENERAL PRINCIPLE OF NON-DISCRIMINATION PRECLUDES A DIFFERENCE OF TREATMENT UNDER LEGISLATION WHICH PROVIDES THAT THE RETAIL SELLING PRICE OF BOOKS IS TO BE FIXED BY THE PUBLISHER OR THE IMPORTER OF A BOOK, WHICH IS BINDING ON ALL RETAILERS AND ACCORDING TO WHICH THE PRICE OF BOOKS PUBLISHED AND PRINTED IN THE MEMBER STATE CONCERNED MAY BE FREELY DETERMINED WHERE THE BOOKS ARE RE-IMPORTED AFTER HAVING FIRST BEEN EXPORTED TO ANOTHER MEMBER STATE, WHEREAS THE PRICE IS FIXED BY THE PUBLISHER WHERE THE BOOKS HAVE NOT CROSSED A BORDER WITHIN THE COMUNITY IN THE COURSE OF BEING MARKETED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER - CONCEPT - PERSON CARRYING OUT AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON DURING THE PERIOD IN WHICH HE PARTICIPATED IN A VOLUNTARY INSURANCE SCHEME - INCLUDED

( REGULATION NO 1408/71 OF THE COUNCIL, ART . 1 ( A ) AND ART . 2 ( 1 )*)

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION OF A MEMBER STATE WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 - DEFINITION - CRITERION - CONNECTION WITH A SOCIAL SECURITY SCHEME OF A MEMBER STATE - COMPLETION OF INSURANCE PERIODS IN A NON-MEMBER STATE - NOT RELEVANT

( REGULATION NO 1408/71 OF THE COUNCIL, ART . 1 ( J ) AND ART . 3 ( 1 )*)

Summary

1 . A PERSON INSURED UNDER A VOLUNTARY INSURANCE SCHEME, SUCH AS THAT ESTABLISHED BY THE BELGIAN LAW OF 17 JULY 1963 FOR PERSONS CARRYING ON THEIR ACTIVITY IN A STATE WHICH IS NOT A MEMBER OF THE COMMUNITY, WHO, DURING THE PERIOD IN WHICH HE PARTICIPATED IN THAT INSURANCE SCHEME, PURSUED AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON IS TO BE REGARDED AS A "WORKER", AND THE SURVIVOR OF SUCH A PERSON IS TO BE REGARDED AS THE SURVIVOR OF A WORKER FOR THE PURPOSES OF REGULATION NO 1408/71 .

2 . THE ESSENTIAL CRITERION FOR DETERMINING THE SCOPE OF THE TERM "LEGISLATION OF A MEMBER STATE" WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 IS NOT THE PLACE IN WHICH THE OCCUPATION WAS PURSUED BUT THE LINK WHICH EXISTS BETWEEN THE WORKER, REGARDLESS OF THE PLACE IN WHICH HE PURSUED OR IS PURSUING HIS OCCUPATION, AND THE SOCIAL SECURITY SCHEME IN A MEMBER STATE UNDER WHICH HE HAS COMPLETED PERIODS OF INSURANCE .

SINCE THE DECISIVE CRITERION IS THE AFFILIATION OF AN INSURED PERSON TO A SOCIAL SECURITY SCHEME OF A MEMBER STATE, THE FACT THAT THE INSURANCE PERIODS COMPLETED UNDER THAT SCHEME WERE COMPLETED IN NON-MEMBER STATES IS UNIMPORTANT .

IT FOLLOWS THAT NATIONAL RULES SUCH AS THOSE CONTAINED IN THE BELGIAN LAW OF 17 JULY 1963 ESTABLISHING AN OPTIONAL INSURANCE SCHEME FOR PERSONS PURSUING THEIR ACTIVITY IN A STATE WHICH IS NOT A MEMBER OF THE COMMUNITY ARE COVERED BY REGULATION NO 1408/71 AS LEGISLATION OF A MEMBER STATE, EVEN IF THE BENEFITS FOR WHICH THEY PROVIDE CAN BE BASED ONLY ON PERIODS OF ACTIVITY COMPLETED IN NON-MEMBER STATES, AND THE PROVISIONS OF REGULATION NO 1408/71, IN PARTICULAR ARTICLE 3 ( 1 ), ARE APPLICABLE TO WORKERS WHO ARE, OR HAVE BEEN, SUBJECT TO SUCH RULES .
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FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - TECHNICAL CONSERVATION MEASURES - MINIMUM FISH-SIZE - NATIONAL MEASURES STRICTER THAN THE COMMUNITY RULES - AUTHORIZATION - SCOPE

( COUNCIL REGULATION NO 171/83, ART . 20 ( 1 )*)

Summary

ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES, WHICH AUTHORIZES THE MEMBER STATES TO ADOPT, UNDER CERTAIN CONDITIONS, TECHNICAL MEASURES GOING BEYOND THE MINIMUM REQUIREMENTS ADOPTED AT THE COMMUNITY LEVEL, MUST BE INTERPRETED AS MEANING THAT THE WORDS "NATIONAL MEASURES" MEAN ANY NATIONAL MEASURES, IRRESPECTIVE OF THE DATE, WHETHER BEFORE OR AFTER THE ENTRY INTO FORCE OF THE REGULATION, ON WHICH THEY WERE ADOPTED .

A NATIONAL MEASURE PROHIBITING THE FISHERMEN OF THE MEMBER STATE WHICH ADOPTED IT FROM CATCHING FISH SMALLER THAN A MINIMUM SIZE WHICH IS DIFFERENT FROM THAT APPLYING IN OTHER MEMBER STATES IS COVERED BY ARTICLE 20 ( 1 ) OF REGULATION NO 171/83 .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS - REASONS FOR FAILURE - NOT ACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN BY DIRECTIVES .