ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - APPEALS - TIME-LIMITS - AIM - STRICT NATURE

( STAFF REGULATIONS, ARTICLE 91 )

2 . OFFICIALS - APPEALS - FAILURE BY THE ADMINISTRATION TO ACT - CONCEPT - TEMPORIZING REPLY - NO LEGAL EFFECTS

( STAFF REGULATIONS, ARTICLE 91 )

Summary

1 . THE TWO PERIODS SET OUT IN ARTICLE 91 OF THE STAFF REGULATIONS ARE TOGETHER INTENDED TO ENSURE WITHIN THE COMMUNITY INSTITUTIONS THE LEGAL CERTAINTY WHICH IS INDISPENSABLE TO THEIR PROPER FUNCTIONING . THE PARTIES CONCERNED MAY NOT, THEREFORE, EXTEND THEM AT WILL .

2 . THE REPLY WHEREBY THE ADMINISTRATION INFORMS THE PARTY CONCERNED THAT THE REQUEST IS UNDER CONSIDERATION DOES NOT CONSTITUTE A DECISION .

SUCH A REPLY CAN HAVE NO OTHER LEGAL EFFECT, IN PARTICULAR THAT OF EXTENDING THE PERIOD PRESCRIBED BY ARTICLE 91 OF THE STAFF REGULATIONS .
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1 . OFFICIALS - PROCEEDINGS FOR ANNULMENT - COMPLAINT OF IRREGULARITIES RESULTING FROM APPLICANT' S OWN BEHAVIOUR - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 91 )

2 . OFFICIALS - PROMOTION - STATEMENT OF REASONS WITH REGARD TO UNSUCCESSFUL CANDIDATES - NOT REQUIRED

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 45 )

Summary

1 . A PARTY CANNOT INVOKE BEFORE THE COURT IRREGULARITIES WHICH MAY HAVE BEEN THE CONSEQUENCE OF HIS OWN BEHAVIOUR .

2 . THE APPOINTING AUTHORITY HAS NO DUTY AS AGAINST UNSUCCESSFUL CANDIDATES TO PROVIDE A STATEMENT OF THE REASONS ON WHICH DECISIONS OF PROMOTION ARE BASED .
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1 . OFFICIALS - WIDOW AND DIVORCED WIFE - SURVIVOR' S PENSION - NATURE - CALCULATION

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX VIII, ARTICLES 27, 28 )

2 . OFFICIALS - WIDOW AND DIVORCED WIFE - SURVIVOR' S PENSION - DIVISION - OBLIGATION TO PAY MAINTENANCE ENSUING FROM DIVORCE - EXTENT - PROOF

( STAFF REGULATIONS OF OFFICIALS, ANNEX VIII, ARTICLE 28 )

3 . RIGHT CONFERRED ON INDIVIDUALS BY A PROVISION OF COMMUNITY LAW - PROOF OF EXISTENCE OF SUCH RIGHT GOVERNED BY NATIONAL LAW - JURISDICTION OF THE COMMUNITY ADMINISTRATION AND THE COURT OF JUSTICE

Summary

1 . ARTICLES 27 AND 28 OF ANNEX VIII TO THE STAFF REGULATIONS OF OFFICIALS ARE NOT INTENDED TO PRESERVE IN A DIFFERENT FORM, FOR THE BENEFIT OF A WIDOW OR DIVORCED SPOUSE, AN OBLIGATION TO PAY MAINTENANCE WHICH STEMS FROM THE MARRIAGE OR THE DIVORCE, BUT ESTABLISH A RIGHT WHICH THE PARTIES CONCERNED HOLD DIRECTLY UNDER THE STAFF REGULATIONS AND AS REGARDS WHICH THE CLAIM TO MAINTENANCE AGAINST THE DECEASED OFFICIAL IS ONLY A FACTOR FOR THE PURPOSE OF CALCULATING THE DIVISION OF THE PENSION .

2 . THE FINAL SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 28 CANNOT BE INTERPRETED AS ONLY ACCEPTING A JUDICIAL DECISION BY WAY OF PROOF AND AS EXCLUDING OTHER MEANS OF PROVING THE OBLIGATION TO PAY MAINTENANCE WHICH ARE REQUIRED OR ACCEPTED BY THE LAW GOVERNING THE CONSEQUENCES OF DIVORCE .

3 . IF THE EVIDENCE OF THE EXISTENCE OF A RIGHT GRANTED BY A PROVISION OF COMMUNITY LAW IS GOVERNED BY THE NATIONAL LAW TO WHICH THE PERSON CONCERNED IS SUBJECT, IT IS FOR THE COMMUNITY ADMINISTRATION AND, IN THE CASE OF AN ACTION BEFORE THE COURT OF JUSTICE, FOR THAT COURT, TO CONSIDER, IN ORDER TO ENSURE A CORRECT APPLICATION OF THE SAID PROVISION, WHETHER THE CONDITIONS REQUIRED BY THE NATIONAL LAW ARE SATISFIED .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - POULTRYMEAT - IMPORTATION FROM POLAND - CONCEPT

( REGULATION NO 565/68, ARTICLE 1 )

Summary

ARTICLE 1 OF REGULATION NO 565/68 MUST BE INTERPRETED AS MEANING THAT GOODS MUST BE CONSIDERED AS " COMING FROM " POLAND WHEN THEY REMAIN UNTIL THE MOMENT WHEN THEY ARE DELIVERED IN THE COMMUNITY AT THE DISPOSAL AND UNDER THE DIRECT CONTROL OF THE SELLER WHO IS BOUND VIS-A-VIS THE POLISH PEOPLE' S REPUBLIC TO COMPLY WITH THE UNDERTAKINGS ENTERED INTO WITH REGARD TO PRICES AND WHEN IN THE COURSE OF TRANSPORTATION THEY HAVE NOT BEEN GIVEN CUSTOMS CLEARANCE, PUT INTO FREE CIRCULATION OR PROCESSED IN ANY WAY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - BASE PRICE - FREE-AT-FRONTIER PRICE - CALCULATION - CRITERIA - DEROGATION - CONDITIONS

( REGULATION NO 19/62 OF THE COUNCIL, ARTS . 2 AND 9; REGULATION NO 86/62 OF THE COMMISSION, ART . 1 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS, FLOUR, GROATS AND MEAL - MOST REPRESENTATIVE MARKET - MEANING

( REGULATION NO 89 OF THE COMMISSION )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - LEVY - RATES - DETERMINING SUCH RATES - INCIDENCE OF EXCHANGE RATES - VARIATION - LIMITS - WIDER VARIATION NOT AN INDICATION OF SERIOUS DISTURBANCE

( REGULATION NO 67 OF THE COMMISSION )

Summary

1 . THE CUMULATIVE EFFECT OF ARTICLES 2 AND 9 OF REGULATION NO 19/62 OF THE COUNCIL AND ARTICLE 1 OF REGULATION NO 86/62 OF THE COMMISSION IS THAT THE FREE-AT-FRONTIER PRICE MUST BE CALCULATED ON THE BASIS OF THE MOST FAVOURABLE PRICE OF THE PRODUCT HARVESTED IN THE EXPORTING MEMBER STATE .

DEPARTURE FROM THIS RULE IS ONLY PERMISSIBLE ON CONDITION THAT HOME-GROWN AND IMPORTED PRODUCTS ARE COMPLETELY INTERCHANGEABLE AND OFFERED FOR SALE AT A UNIFORM MARKET PRICE .

2 . THE MARKET FROM WHICH THE PRODUCT CAN BE EXPORTED AT THE MOST FAVOURABLE PRICE TO THE IMPORTING MEMBER STATE IS THE MOST REPRESENTATIVE MARKET WHEN IT CAN BE CONSIDERED AS A MARKET OF IMPORTANCE COMPARED TO OTHER REPRESENTATIVE MARKETS .

3 . ANY VARIATION IN EXCHANGE RATES BEYOND THE LIMITS FIXED BY REGULATION NO 67 OF THE COMMISSION, BETWEEN WHICH NO REVISION OF THE RATES OF LEVY SHALL BE MADE, DOES NOT OF ITSELF CONSTITUTE AN INDICATION OF SUCH A SERIOUS DISTURBANCE AS TO COMPROMISE THE EFFECTIVENESS OF THE MECHANISM OF THE COMMON ORGANIZATIONS OF THE MARKET OR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY, SO AS TO JUSTIFY THE APPLICATION BY THE COMMISSION OF ARTICLE 2 ( 2 ) OF REGULATION NO 129 OF THE COUNCIL .
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OFFICIALS - APPLICATIONS TO THE COURT - PERIOD FOR LODGING - OBSERVANCE THEREOF UNCONDITIONAL

( STAFF REGULATIONS OF OFFICIALS; TEXT OF ARTICLE 91 IN FORCE PRIOR TO 1 JULY 1972 )

Summary

THE PERIOD LAID DOWN IN ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS, AS THAT PROVISION WAS WORDED PRIOR TO 1 JULY 1972, IS UNCONDITIONAL; IN PARTICULAR, IT THEREFORE APPLIES WITHOUT ITS BEING NECESSARY TO ASCERTAIN WHETHER THE PROLONGED SILENCE OF THE ADMINISTRATION FOLLOWING THE REQUEST OR COMPLAINT OF THE PERSON CONCERNED CONSTITUTES NEGLIGENCE .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - TIME LIMITS FOR BRINGING AN ACTION - NATURE - EXAMINATION BY THE COURT OF ITS OWN MOTION

( STAFF REGULATIONS, ARTICLE 91 )

2 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ACT CONFIRMING AN EARLIER ACT - EXPIRY OF THE TIME LIMIT FOR BRINGING AN ACTION

( STAFF REGULATIONS, ARTICLE 91 )

Summary

1 . IT IS FOR THE COURT TO EXAMINE, EVEN OF ITS OWN MOTION, THE QUESTION WHETHER THE TIME LIMITS FOR BRINGING AN ACTION HAVE BEEN OBSERVED, THESE BEING A MATTER OF PUBLIC INTEREST .

2 . AN ACT CONFIRMING AN EARLIER ACT DOES NOT SET A NEW TIME LIMIT .
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1 . PRELIMINARY QUESTIONS - PROCEDURE - NATURE - PARTIES - CONCEPT - LAWS

( EEC TREATY, ART . 177; PROTOCOL ON THE STATUTE OF THE EEC COURT, ART . 20 )

2 . PRELIMINARY QUESTIONS - COSTS - RECOVERY - EXPENSES NECESSARILY INCURRED BY THE PARTIES - RECOVERABILITY - NATIONAL LAW - APPLICATION

( RULES OF PROCEDURE, ART . 103 ( 1 ))

Summary

1 . PROCEEDINGS INSTITUTED UNDER ARTICLE 177 ARE NON-CONTENTIOUS AND ARE IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, AS THE PARTIES TO THE MAIN ACTION ARE MERELY INVITED TO STATE THEIR CASE WITHIN THE LEGAL LIMITS LAID DOWN BY THE NATIONAL COURT .

BY THE EXPRESSION " PARTIES ", ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE EEC COURT REFERS TO THE PARTIES TO THE ACTION PENDING BEFORE THE NATIONAL COURT .

2 . IN VIEW OF THE ESSENTIAL DIFFERENCE BETWEEN CONTENTIOUS PROCEEDINGS AND PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY, ONE CANNOT, WITHOUT EXPRESS PROVISION, EXTEND TO THE LATTER PROCEEDINGS RULES LAID DOWN SOLELY FOR CONTENTIOUS PROCEEDINGS .

THE RECOVERY OF COSTS AND THE RECOVERABILITY OF EXPENSES NECESSARILY INCURRED BY THE PARTIES TO THE MAIN ACTION FOR THE PURPOSES OF AN APPLICATION FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY ARE NOT COVERED BY ARTICLE 103 ( 1 ) OF THE RULES OF PROCEDURE OF THE COURT .

THE RECOVERY OF THOSE COSTS AND THE RECOVERABILITY OF THOSE EXPENSES ARE GOVERNED BY THE PROVISIONS OF NATIONAL LAW APPLICABLE TO THE MAIN ACTION .
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1 . ACTION FOR DAMAGES AGAINST THE EEC - REPRESENTATION BEFORE THE COURT OF JUSTICE - INSTITUTIONS LIABLE - RIGHT OF ACTION - ADMISSIBILITY

( EEC TREATY, ARTICLE 215 )

2 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE ACT INVOLVING A CHOICE AS TO POLICY - DAMAGE - INFRINGEMENT OF A HIGHER RULE OF LAW

( EEC TREATY, ARTICLE 215 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - PRIORITY IN RELATION TO THE MAINTENANCE OF ESTABLISHED POSITIONS - ADMISSIBILITY - STABILIZATION OF THE MARKET - CONCEPT

( EEC TREATY, ARTICLE 39 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - DURUM WHEAT - INTRODUCTION OF A SINGLE DERIVED INTERVENTION PRICE - DISADVANTAGES FOR A PARTICULAR CATEGORY AFFECTED - ABSENCE OF ILLEGALITY - EXTENT OF THE COUNCIL' S POWERS

( REGULATION NO 1528/71 OF THE COUNCIL OF 12 JULY 1971, ARTICLE 4 )

Summary

1 . WHERE COMMUNITY LIABILITY IS INVOLVED BY REASON OF THE ACT OF ONE OF ITS INSTITUTIONS, IT SHOULD BE REPRESENTED BEFORE THE COURT BY THE INSTITUTION OR INSTITUTIONS AGAINST WHICH THE MATTER GIVING RISE TO LIABILITY IS ALLEGED .

2 . THERE IS NO LIABILITY ON THE PART OF THE COMMUNITY FOR DAMAGE WHICH INDIVIDUALS MAY HAVE SUFFERED BY REASON OF A LEGISLATIVE ACT INVOLVING CHOICES OF ECONOMIC POLICY, UNLESS THERE IS A SUFFICIENTLY FLAGRANT INFRINGEMENT OF A HIGHER RULE OF LAW PROTECTING THE INDIVIDUAL .

3 . THE COMMUNITY INSTITUTIONS MAY TEMPORARILY GIVE PRIORITY TO SOME OF THE OBJECTIVES OF ARTICLE 39, AS COMPARED WITH THE MAINTENANCE OF ESTABLISHED POSITIONS . THE CONCEPT OF STABILIZATION OF THE MARKET CANNOT COVER THE MAINTENANCE OF POSITIONS ALREADY ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS .

4 . IF THE COUNCIL IS ADOPTING A SINGLE DERIVED INTERVENTION PRICE OMITTED TO CORRECT THE DISADVANTAGES TO WHICH GERMAN CEREAL MEAL PRODUCERS ARE INDIRECTLY SUBJECT IN RELATION TO THEIR FRENCH COMPETITORS, SUCH AN OMISSION IS NEVERTHELESS NOT CAPABLE OF RENDERING THE PROVISIONS IN QUESTION ILLEGAL . THE COUNCIL WAS NOT OBLIGED TO ASCERTAIN WHETHER CIRCUMSTANCES OF A SPECIAL KIND COULD MILITATE AGAINST THE APPLICATION OF PROVISIONS THAT NORMALLY WOULD HAVE BEEN SATISFACTORY .
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1 . ACTS OF INSTITUTION - REGULATIONS - STATEMENT OF REASONS

( EEC TREATY, ARTICLE 190 )

2 . ACTS OF AN INSTITUTION - REGULATIONS - ANNEX - ANNOTATION - BINDING FORCE

( EEC TREATY, ARTICLE 189 )

3 . AGRICULTURE - CEREALS - PROCESSED PRODUCTS - PRODUCTS DERIVED FROM BARLEY - IMPORT AND EXPORT SYSTEM - CLASSIFICATION - TARIFF HEADINGS 11.01 AND 23.02 - DISTINCTION - CRITERIA - STARCH CONTENT - RATE OF 28 PER CENT - INAPPLICABILITY

( REGULATION NO 950/68 OF COUNCIL )

4 . AGRICULTURE - CEREALS - PROCESSED PRODUCTS - PRODUCTS DERIVED FROM BARLEY - CLASSIFICATION - TARIFF HEADINGS 11.01 AND 23.02 - DISTINCTION - CRITERIA - METHODS OF ANALYSIS - VISUAL OBSERVATION

( REGULATION NO 950/68 OF COUNCIL )

Summary

1 . THE REQUIREMENTS OF ARTICLE 190 OF THE TREATY ARE SATISFIED WHEN THE STATEMENT OF REASONS EXPLAINS IN ESSENCE THE MEASURES TAKEN IN REGULATIONS BY THE INSTITUTIONS . A SPECIFIC STATEMENT OF REASONS IN SUPPORT OF ALL THE DETAILS CONTAINED IN SUCH A MEASURE IS NOT REQUIRED, PROVIDED SUCH DETAILS FALL WITHIN THE GENERAL SCHEME OF THE MEASURE AS A WHOLE .

2 . A PROVISION APPEARING IN THE FORM OF A FOOTNOTE ANNOTATING CERTAIN TARIFF HEADINGS, SINCE IT IS AN EXPRESSION OF THE WILL OF THE AUTHORS OF THAT REGULATION FORMS AN INTEGRAL PART OF IT AND ENJOYS THE SAME LEGAL FORCE .

3 . THE CRITERION " STARCH CONTENT NOT EXCEEDING 28 PER CENT " WHICH APPEARS IN SUBHEADING 23.02 A OF ANNEX TO REGULATION NO 360 OF 25 JULY 1967 AND OF THE COMMON CUSTOMS TARIFF ESTABLISHED BY REGULATION NO 950/68 OF 28 JUNE 1968 CANNOT SERVE TO DISTINGUISH BETWEEN TARIFF HEADINGS 11.01 " CEREAL FLOURS " AND 23.02 " BRANS, SHARPS AND OTHER RESIDUES DERIVED FROM THE SIFTING, MILLING OR WORKING OF CEREALS ". IT IS ONLY ONE OF THE CRITERIA FOR CLASSIFICATION WITHIN ONE OF THE SUBHEADINGS 23.02 A .

4 . THE CLASSIFICATION OF PRODUCTS DERIVED FROM BARLEY UNDER TARIFF HEADINGS 11.01 AND 23.02, RESPECTIVELY, MAY BE ASCERTAINED, WITHOUT PREJUDICE TO THE CLASSIFICATION CRITERIA IMPERATIVELY PRESCRIBED BY THE REGULATIONS APPLICABLE, BOTH BY CHEMICAL ANALYSIS AND BY ANY OTHER APPROPRIATE MEANS, INCLUDING VISUAL ( MICROSCOPIC ) OBSERVATION .
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1 . CUSTOMS DUTIES - VALUE FOR CUSTOMS PURPOSES - REGULATION NO 803/68 OF THE COUNCIL - VALIDITY

2 . CUSTOMS DUTIES - VALUE FOR CUSTOMS PURPOSES - DETERMINATION - DEFERRED PAYMENT - PRICE TO BE TAKEN INTO ACCOUNT - DIFFERENT PRICE FOR FORWARD PAYMENT - PROOF - CONDITIONS - JURISDICTION OF THE NATIONAL COURT

( REGULATION NO 803/68 OF THE COUNCIL 11 ( 2 ) ( B ))

Summary

1 . THE AUTHORITY FOR REGULATION NO 803/68/EEC OF THE COUNCIL OF 27 JUNE 1968, ON THE VALUE OF GOODS FOR CUSTOMS PURPOSES IS TO BE FOUND IN ARTICLE 235 OF THE TREATY AND REVEALS NO FACTOR CALCULATED TO AFFECT ITS VALIDITY .

2 . ARTICLE 11 ( 2 ) ( B ) ( SECOND BRANCH OF THE ALTERNATIVE ) OF REGULATION NO 803/68 OF THE COUNCIL OF 27 JUNE 1968 MUST BE INTERPRETED AS MEANING THAT IT IS INADEQUATE, AS PROOF OF THE EXISTENCE OF A PRICE DIFFERENT FROM THE PRICE FOR FORWARD PAYMENT, TO SHOW THAT THE PRICE FOR FORWARD PAYMENT PAYABLE INCLUDES CREDIT CHARGES . WHAT MUST BE PROVED IS THE EXISTENCE OF ANOTHER PRICE OF A DEFINITE AMOUNT WHICH THE BUYER OR OTHER BUYERS IN SIMILAR CIRCUMSTANCES ARE ENTITLED TO SETTLE IN THE EVENT OF PAYMENT BEFORE THE AGREED DATE . IT IS FOR THE NATIONAL COURT TO JUDGE IN EVERY CASE OF THIS KIND WHETHER OR NOT PROOF HAS BEEN FURNISHED OF THE EXISTENCE OF A DIFFERENT PRICE .
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COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - SHEEP AND LAMB SKIN LEATHER - TANNING - FAT - ADDITION - CLASSIFICATION UNDER TARIFF HEADING 41.03 B I

Summary

THE ADDITION OF FAT DOES NOT ALTER THE CLASSIFICATION OF SHEEP AND LAMB SKIN LEATHER UNDER SUBHEADING 41.03 B I INSOFAR AS IT CONSTITUTES A PROCESS INHERENT IN TANNING AIMED AT PRESERVING THE LEATHER WITHOUT MAKING IT READY FOR USE .
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1 . AGRICULTURE - IMPORTATION FROM MEMBER STATES - COMPENSATORY AMOUNTS - NATURE - CHARGING - AUTHORIZATION IN CASE OF FLUCTUATION OF EXCHANGE RATES - VALIDITY

( EEC TREATY, ARTICLES 8, 9, 12, 13; REGULATION NO 974/71 OF THE COUNCIL )

2 . AGRICULTURE - CONJUNCTURAL POLICY - CURRENCIES - FLUCTUATION OF EXCHANGE RATES - COMPENSATORY AMOUNTS - CALCULATION - REFERENCE PRICE - COMPETENCE OF THE COMMISSION

( ARTICLE 2 OF REGULATION NO 974/71 OF THE COUNCIL )

3 . AGRICULTURE - IMPORTATION FROM MEMBER STATES - COMPENSATORY AMOUNTS - REQUIREMENTS OF AN ADMINISTRATIVE NATURE - CONSIDERATION BY THE COMMISSION

( REGULATION NO 974/71 OF THE COUNCIL )

Summary

1 . NO NEW ELEMENT HAS BEEN ADDUCED CAPABLE OF CASTING DOUBT ON THE COURT'S DECISION IN ITS JUDGMENTS OF 24 OCTOBER 1973 IN CASES 5, 9 AND 10/73, ACCORDING TO WHICH EXAMINATION OF QUESTIONS REFERRED HAD NOT REVEALED ANY ELEMENTS CAPABLE OF AFFECTING THE VALIDITY OF REGULATION NO 974/71 .

2 . ARTICLE 2 OF REGULATION NO 974/71, BY USING THE CONCEPT OF 'PRICES' AS ITS STARTING POINT IN CALCULATING THE COMPENSATORY AMOUNTS, LEAVES THE COMMISSION A CERTAIN DISCRETION TO ADOPT A REFERENCE PRICE WHICH DIFFERS FROM THE C.I.F . PRICE, EVEN IF IT DIFFERS FROM THE CONTRACT PRICES ACTUALLY FIXED FOR COMMERCIAL TRANSACTIONS .

3 . IT IS WITHIN THE COMMISSION'S LEGAL POWERS, WHEN ENACTING DETAILED RULES FOR THE IMPLEMENTATION OF A SYSTEM, SUCH AS THAT LAID DOWN BY REGULATION NO 974/71 FOR COMPENSATORY AMOUNTS, TO HAVE REGARD TO CERTAIN IMPERATIVE REQUIREMENTS OF AN ADMINISTRATIVE NATURE .

THIS IS EVEN MORE SO AS THESE DETAILED RULES ARE ESTABLISHED IN ACCORDANCE WITH THE SO-CALLED 'MANAGEMENT COMMITTEE' PROCEDURE .
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1 . OFFICIALS - APPLICATIONS - PLURALITY - IDENTICAL ACTS CHALLENGED - LARGELY IDENTICAL SUBMISSIONS - SINGLE JUDGMENT

( STAFF REGULATIONS, ARTICLE 91 )

2 . OFFICIALS - RECRUITMENT - RESERVE LIST - CONSTITUTION OF - VACANCIES RELATING TO THE SAME POST AND CAREER BRACKET - DIFFERENT COMPETITIONS - HARMONIZATION - SELECTION BOARDS - OBLIGATIONS

( STAFF REGULATIONS, ARTICLE 29 ( 1 ))

3 . OFFICIALS - RECRUITMENT - CANDIDATES' ABILITIES - DELIBERATIONS OF THE SELECTION BOARD - EXAMINATION - COMPARATIVE NATURE - CONTROL BY THE COURT

( STAFF REGULATIONS, ANNEX III, ARTICLE 5 )

4 . OFFICIALS - RECRUITMENT - COMPETITION ORGANIZATION - LEGAL AND FINAL FORM - NOTICE OF COMPETITION - DELIBERATIONS OF THE COMPETENT ORGAN - INFLUENCE

( STAFF REGULATIONS, ARTICLE 29 )

Summary

1 . IT IS APPROPRIATE TO DEAL IN THE SAME JUDGMENT WITH APPLICATIONS RELATING TO THE SAME FACTS AND SUPPORTED BY IDENTICAL SUBMISSIONS .

2 . WHERE THE CONSTITUTION OF A RESERVE AIMS AT PROVIDING FOR VACANCIES RELATING TO THE SAME POST AND CAREER BRACKET, BUT INVOLVING THE PERFORMANCE OF DIFFERENT DUTIES, IT CAN BE ACHIEVED BY MEANS OF SEVERAL COMPETITIONS LEADING TO DIFFERENT LISTS OF SUITABLE CANDIDATES TO MEET THE REQUIREMENT TO PROVIDE FOR DIFFERENT DUTIES, SUBJECT NEVERTHELESS TO THE CONDITION THAT ONLY OFFICIALS WHO HAVE BEEN SUCCESSFUL AT A COMPETITION IN A SPHERE RELATING TO THE DUTIES TO BE PERFORMED MAY AS A RESULT BE PROMOTED .

IF THE NECESSITY FOR SUCH CORRESPONDENCE HAS BEEN DISREGARDED, IT IS NOT THE LEGALITY OF THE COMPETITIONS BUT THE REGULARITY OF THE PROMOTIONS WHICH IS OPEN TO QUESTION .

THE SELECTION BOARD OF EACH COMPETITION HAS THEREFORE TO RECONCILE THE ADVISABILITY OF HARMONIZING TO A CERTAIN EXTENT THE TEST CONDITIONS AND THE NECESSITY OF JUDGING, ACCORDING TO THE APPROPRIATE CRITERIA, THE EXPERIENCE OF THE CANDIDATES FOR THE PURPOSE OF PERFORMING THE DUTIES FOR WHICH SUCCESS AT THE COMPETITION SELECTED MARKS THEM OUT .

SUCH RECONCILIATION IS, UNDER THE TERMS OF THE NOTICE OF COMPETITION, THE RESPONSIBILITY OF EACH SELECTION BOARD AND IS GUARANTEED BY ITS INDEPENDENCE AND THE SECRECY OF THE PROCEEDINGS LAID DOWN BY THE REGULATIONS .

3 . THE EXAMINATION OF ABILITY WHICH SELECTION BOARDS MUST UNDERTAKE IS ABOVE ALL OF A COMPARATIVE NATURE AND, FOR THIS REASON, COVERED BY THE CLOAK OF SECRECY INHERENT IN SUCH DELIBERATIONS, SO THAT THEY CANNOT BE SUBJECTED TO CONTROL BY THE COURT EXCEPT IN THE EVENT OF OBVIOUS INFRINGEMENT OF THE RULES WHICH GOVERN THE PROCEEDINGS OF SELECTION BOARDS .

4 . THE DECISION ON THE ORGANIZATION OF THE COMPETITION TAKES ITS LEGAL AND FINAL FORM FROM THE NOTICES OF COMPETITION BROUGHT TO THE NOTICE OF THE PERSONNEL .

THE DELIBERATIONS OF THE COMPETENT BODY AS THEY APPEAR FROM THE MINUTES CANNOT OVERRIDE THE CLEAR WORDING OF THE DECISION IN QUESTION UNLESS THEY OBVIOUSLY SHOW THAT THE FORM OF DECISION IS NOT IN ACCORD WITH WAS IN FACT LAID DOWN AT THE END OF THE DELIBERATIONS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT AND EXPORT LICENCES - SYSTEM OF LODGING SECURITY - OBJECT - RELEASE - DECIDING FACTOR

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT AND EXPORT LICENCES - PERIOD OF VALIDITY - EXCEEDING - CASE OF FORCE MAJEURE - CONCEPT

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AGRICULTURAL PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCES - OBLIGATION TO IMPORT - FULFILMENT

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 15 )

Summary

1 . THE SYSTEM OF LODGING SECURITY IS DESIGNED TO ENSURE THAT IMPORTS OR EXPORTS FOR WHICH LICENCES ARE APPLIED FOR ARE EFFECTED SO THAT BOTH THE COMMUNITY AND THE MEMBER STATES MAY BE CERTAIN OF KNOWING EXACTLY WHAT TRANSACTIONS ARE INTENDED .

THE DECIDING FACTOR IN DETERMINING WHETHER THE SECURITY MAY BE RELEASED IS, THEREFORE, DERIVED FROM A COMMUNITY CONCEPT WHOSE SIGNIFICANCE AND SCOPE MUST BE INDEPENDENT OF NATIONAL CUSTOMS PROCEDURES WHICH HAVE NOT YET BEEN HARMONIZED .

IT FOLLOWS THAT, AS THE ORDER BY WHICH THE CUSTOMS AUTHORITIES CONCLUDE CUSTOMS PROCEDURE AND AUTHORIZE RELEASE OF THE GOODS MAY BE SUBJECT TO CONSIDERATIONS WHICH VARY FROM ONE MEMBER STATE TO ANOTHER, THIS CANNOT BE TREATED AS THE SOLE DECIDING FACTOR .

2 . THE CONCEPT OF FORCE MAJEURE EMBODIED IN THE AGRICULTURAL REGULATIONS IS NOT CONFINED TO THAT OF ABSOLUTE IMPOSSIBILITY BUT MUST BE EXTENDED TO INCLUDE ABNORMAL CIRCUMSTANCES, OUTSIDE THE CONTROL OF THE IMPORTER, AND WHICH HAVE ARISEN IN SPITE OF THE FACT THAT THE TITULAR HOLDER OF THE LICENCE HAS TAKEN ALL THE PRECAUTIONS WHICH COULD REASONABLY BE EXPECTED OF A PRUDENT AND DILIGENT TRADER .

3 . FOR THE PURPOSES OF DETERMINING THE DATE ON WHICH, WITHIN THE MEANING OF ARTICLE 15 ( 1 ) ( A ) OF REGULATION NO 1373/70, THE IMPORT OBLIGATION UNDER THE LICENCE IS DEEMED TO HAVE BEEN FULFILLED, ACCEPTANCE BY THE CUSTOMS AUTHORITIES, WITHIN THE MEANING OF ARTICLE 15 ( 5 ) ( A ), OF THE DOCUMENT BY WHICH THE DECLARANT STATES HIS INTENTION TO PUT THE GOODS IN FREE CIRCULATION DOES NOT REQUIRE THAT THE CUSTOMS PROCEDURE SHOULD BE FINALLY CONCLUDED IN FAVOUR OF THE DECLARANT .

BEFORE ARTICLE 15 ( 1 ) OF REGULATION NO 1373/70 CAN APPLY, IT IS ESSENTIAL THAT THE GOODS WHICH, PURSUANT TO THE PROVISIONS OF ARTICLE 8 ( 2 ) ( A ), HAVE BEEN ATTRIBUTED ON THE LICENCE, SHOULD HAVE, IN FACT, BEEN PUT INTO FREE CIRCULATION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SHORT-TERM ECONOMIC POLICY - FLUCTUATION OF CURRENCIES - MONETARY COMPENSATORY AMOUNTS - OBJECTIVE - DERIVED PRODUCTS - CHARGE ON PRODUCTS IMPORTED FROM THIRD COUNTRIES - CONCEPT

( REGULATION NO 974/71, ARTICLE 4A ( 2 ))

Summary

THE SOLE OBJECTIVE OF THE INTRODUCTION OF MONETARY COMPENSATORY AMOUNTS IS TO NEUTRALIZE THE EFFECT OF DISTURBANCES ARISING IN AGRICULTURAL TRADE PROVOKED BY THE FLUCTUATION OF EXCHANGE RATES FOR THE CURRENCIES OF CERTAIN MEMBER STATES; FOR DERIVED PRODUCTS, THE COMPENSATION OF SUCH FLUCTUATIONS SHOULD BE IN PROPORTION TO THE INCIDENCE, ON THE PRICES OF THE PRODUCTS CONCERNED, OF THE APPLICATION OF THE COMPENSATORY AMOUNT TO THE BASIC PRODUCT .

THE " CHARGE ON PRODUCTS IMPORTED " FROM THIRD COUNTRIES, WHICH, UNDER THE TERMS OF ARTICLE 4 A ( 2 ) OF REGULATION NO 974/71, AS AMENDED BY REGULATION NO 509/73, DETERMINES THE UPPER LIMIT FOR COMPENSATORY AMOUNTS APPLICABLE BY REASON OF THE FALL IN VALUE OF A CURRENCY, CONSISTS, IN RESPECT OF DERIVED PRODUCTS, WHOSE PRICE DEPENDS ON THE PRICE OF BASIC PRODUCTS COVERED BY INTERVENTION ARRANGEMENTS UNDER THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS, SOLELY OF THE VARIABLE COMPONENT OF THE LEVY, INTENDED TO TAKE ACCOUNT OF THE PRICE OF BASIC PRODUCTS, TO THE EXCLUSION OF THE FIXED COMPONENT, INTENDED TO PROTECT THE PROCESSING INDUSTRY .
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OFFICIALS - TRANSITIONAL PROVISIONS - TRANSITION FROM THE FORMER ECSC GENERAL REGULATIONS TO THE ECSC STAFF REGULATIONS - RESETTLEMENT ALLOWANCE - CALCULATION

( ECSC STAFF REGULATIONS, ARTICLE 99 ( 3 ))

Summary

A TRANSITIONAL PROVISION ISSUED ON THE TRANSITION TO A LESS GENERAL SYSTEM DOES NOT NORMALLY SEEK TO GIVE EMPLOYEES GREATER RIGHTS THAN THEY WOULD HAVE HAD UNDER THE SYSTEM WHICH IS REVOKED .

ARTICLE 99 ( 3 ) CANNOT THEREFORE BE INTERPRETED AS ALLOWING A COMBINATION OF THE MORE FAVOURABLE METHOD OF CALCULATION OF ONE SYSTEM WITH THE MORE FAVOURABLE SALARY SCALE OF ANOTHER .