ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . MEASURES ADOPTED BY THE INSTITUTIONS - APPLICATION RATIONE TEMPORIS - NON- RETROACTIVITY - EXCEPTIONS - CONDITIONS

( EEC TREATY , ART . 191 )

2 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF THE REASONS ON WHICH MEASURES ARE BASED - DUTY TO PROVIDE - OBJECTIVE - SCOPE

( EEC TREATY , ART . 190 )

3 . EUROPEAN COMMUNITIES - OWN RESOURCES - COUNCIL DECISION OF 21 APRIL 1970 - OBJECTIVE - BUDGETARY MEASURE NOT OPERATING AS A BAR ON THE CREATION OF AN ISOGLUCOSE PRODUCTION LEVY

( COUNCIL DECISION OF 21 APRIL 1970 )

Summary

1 . ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

2.THE STATEMENT OF THE REASONS ON WHICH A MEASURE IS BASED , WHICH IS REQUIRED BY ARTICLE 190 OF THE TREATY , MUST BE ADAPTED TO THE NATURE OF THE MEASURE IN QUESTION . IT MUST ENABLE THE REASONING OF THE COMMUNITY INSTITUTION RESPONSIBLE FOR THE MEASURE TO EMERGE CLEARLY AND UNEQUIVOCALLY SO AS TO ENABLE THOSE CONCERNED TO RECOGNIZE THE REASONS FOR THE MEASURE ADOPTED AND THE COURT TO EXERCISE ITS POWER OF REVIEW .

THAT REQUIREMENT IS SATISFIED BY THE PREAMBLE TO A REGULATION WHICH , LACONIC AS IT MAY BE , SETS FORTH IN ESSENCE THE OBJECTIVE PURSUED BY THE INSTITUTION RESPONSIBLE FOR THE CONTESTED MEASURE .

3.THE PURPOSE OF THE COUNCIL DECISION OF 21 APRIL 1970 ON THE REPLACEMENT OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES ' OWN RESOURCES , ADOPTED IN PURSUANCE OF ARTICLE 201 OF THE TREATY BY THE MEMBER STATES IN CONFORMITY WITH THE PROVISIONS OF THAT ARTICLE , IS TO DEFINE OWN RESOURCES ALLOCATED TO THE COMMUNITY BUDGET AND NOT TO STIPULATE THE COMMUNITY INSTITUTIONS WHICH ARE COMPETENT TO IMPOSE DUTIES , TAXES , CHARGES , LEVIES OR OTHER FORMS OF REVENUE . AS A MEASURE ADOPTED UNDER BUDGETARY LAW , THAT DECISION DOES NOT PREVENT THE COUNCIL FROM CREATING A LEVY SUCH AS THE ONE IMPOSED ON THE PRODUCTION OF ISOGLUCOSE WHERE THE POWER OF THE COUNCIL TO CREATE THAT LEVY HAS ITS BASIS IN THE PROVISIONS OF THE TREATY RELATING TO THE COMMON AGRICULTURAL POLICY .
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Summary



Keywords

1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - DESIGNS - PROTECTION - APPLICATION OF ARTICLE 36 OF THE TREATY

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - DESIGNS - PROTECTION - CONDITIONS AND PROCEDURES - EXCLUSIVE RIGHT ACQUIRED BY VIRTUE OF THE FIRST FILING OF THE DESIGN - DETERMINATION BY NATIONAL LAW

( EEC TREATY , ART . 36 )

3 . COMPETITION - AGREEMENTS - DESIGNS - EXERCISE OF RIGHT - CONDITIONS FOR PROHIBITION

( EEC TREATY , ART . 85 ( 1 ))

4 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - DESIGNS - PROTECTION - OBJECTION TO THE IMPORTATION FROM A MEMBE STATE OF PRODUCTS IDENTICAL TO A DESIGN FILED IN ANOTHER MEMBER STATE - CONDITIONS - LIMITS

( EEC TREATY , ART . 36 )

Summary

1 . THE PROTECTION OF DESIGNS COMES UNDER THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY WITHIN THE MEANING OF ARTICLE 36 INASMUCH AS ITS AIM TO DEFINE EXCLUSIVE RIGHTS WHICH ARE CHARACTERISTIC OF THAT PROPERTY .

2 . IN THE ABSENCE OF COMMUNITY STANDARDIZATION OR A HARMONIZATION OF LAWS THE DETERMINATION OF THE CONDITIONS AND PROCEDURES UNDER WHICH PROTECTION OF DESIGNS IS GRANTED IS A MATTER FOR THE NATIONAL RULES OF EACH MEMBER STATE .

IN ITS PRESENT STATE COMMUNITY LAW DOES NOT PRECLUDE THE ADOPTION OF NATIONAL PROVISIONS TO THE EFFECT THAT THE PERSON WHO FIRST FILES THE DESIGN ACQUIRES THE EXCLUSIVE RIGHT TO IT WITHOUT ITS BEING NECESSARY TO INQUIRE WHETHER THAT PERSON IS ALSO THE AUTHOR OF THE DESIGN OR A PERSON ENTITLED UNDER HIM AND WITHOUT THOSE CONCERNED BEING ENTITLED TO ALLEGE THAT THE PERSON FILING THE DESIGN IS NOT THE AUTHOR , THE PERSON COMMISSIONING HIM OR HIS EMPLOYER .

3 . ALTHOUGH A RIGHT TO A DESIGN , AS A LEGAL ENTITY , DOES NOT AS SUCH FALL WITHIN THE CLASS OF AGREEMENTS OR CONCERTED PRACTICES ENVISAGED BY ARTICLE 85 ( 1 ), THE EXERCISE OF THAT RIGHT MAY BE SUBJECT TO THE PROHIBITIONS CONTAINED IN THE TREATY WHEN IT IS THE PURPOSE , THE MEANS OR THE RESULT OF AN AGREEMENT , DECISION OR CONCERTED PRACTICE .

4 . THE PROPRIETOR OF A RIGHT TO A DESIGN ACQUIRED UNDER THE LEGISLATION OF A MEMBER STATE MAY PREVENT THE IMPORTATION OF PRODUCTS FROM ANOTHER MEMBER STATE WHICH ARE IDENTICAL IN APPEARANCE TO THE DESIGN WHICH HAS BEEN FILED , PROVIDED THAT THE PRODUCTS IN QUESTION HAVE NOT BEEN PUT INTO CIRCULATION IN THE OTHER MEMBER STATE BY , OR WITH THE CONSENT OF , THE PROPRIETOR OF THE RIGHT OR A PERSON LEGALLY OR ECONOMICALLY DEPENDENT ON HIM , THAT AS BETWEEN THE NATURAL OR LEGAL PERSONS IN QUESTION THERE IS NO KIND OF AGREEMENT OR CONCERTED PRACTICE IN RESTRAINT OF COMPETITION AND FINALLY THAT THE RESPECTIVE RIGHTS OF THE PROPRIETORS TO THE RIGHT TO THE DESIGN IN THE VARIOUS MEMBER STATES WERE CREATED INDEPENDENTLY OF ONE ANOTHER .
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Keywords

1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION ADOPTED IN THE FORM OF A REGULATION - RIGHT OF ACTION

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

2.MEASURES ADOPTED BY THE INSTITUTIONS - REGULATION - CONCEPT

( EEC TREATY , SECOND PARA . OF ART . 189 ; COMMISSION REGULATION NO 1411/81 ; COUNCIL REGULATION NO 2761/81 )

3.MEASURES ADOPTED BY THE INSTITUTIONS - LEGAL NATURE - REGULATION OR DECISION - DISTINCTION - CRITERIA - NATURE AND LEGAL EFFECTS OF THE MEASURE - PROCEDURES FOR ITS ADOPTION - NO EFFECT

( EEC TREATY , SECOND PARA . OF ART . 173 AND ART . 189 )

Summary

1 . THE OBJECTIVE OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY IS IN PARTICULAR TO PREVENT THE COMMUNITY INSTITUTIONS , MERELY BY CHOOSING THE FORM OF A REGULATION , FROM BEING ABLE TO EXCLUDE AN APPLICATION BY AN INDIVIDUAL AGAINST A DECISION OF DIRECT AND INDIVIDUAL CONCERN TO HIM AND THUS TO MAKE CLEAR THAT THE CHOICE OF FORM MAY NOT ALTER THE NATURE OF A MEASURE .

2 . REGULATIONS NOS 1411/81 AND 2761/81 , WHICH IMPOSE AN ANTI-DUMPING DUTY ON ALL IMPORTS OF ORTHOXYLENE ORIGINATING IN THE UNITED STATES OF AMERICA AND PUERTO RICO , SUBJECT TO CERTAIN EXEMPTIONS LAID DOWN FOR PRODUCTS EXPORTED BY UNDERTAKINGS EXPRESSLY NAMED , CONSTITUTE , AS REGARDS INDEPENDENT IMPORTERS WHO , IN CONTRAST TO EXPORTERS , ARE NOT EXPRESSLY NAMED IN THE REGULATIONS , MEASURES HAVING GENERAL APPLICATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , BECAUSE THEY APPLY TO OBJECTIVELY DETERMINED SITUATIONS AND ENTAIL LEGAL EFFECTS FOR CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT .

SUCH MEASURES DO NOT CEASE TO BE REGULATIONS BECAUSE IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM THEY APPLY AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURES IN RELATION TO THEIR PURPOSE .

3 . THE DISTINCTION BETWEEN A REGULATION AND A DECISION MAY BE BASED ONLY ON THE NATURE OF THE MEASURE ITSELF AND THE LEGAL EFFECTS WHICH IT PRODUCES AND NOT ON THE PROCEDURES FOR ITS ADOPTION . CONSEQUENTLY , THE PARTICIPATION OF THE VARIOUS INTERESTED PARTIES IN THE SUCCESSIVE STAGES OF THE PROCEDURE LEADING TO THE ADOPTION OF REGULATIONS CANNOT LEAD TO THE CONCLUSION THAT THEY IN FACT CONSTITUTE INDIVIDUAL ADMINISTRATIVE MEASURES WHICH MAY BE CONTESTED BY INDIVIDUALS UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PRE-CONTENTIOUS PHASE - FORMAL NOTICE - PURPOSE - ESSENTIAL PROCEDURAL REQUIREMENT

( EEC TREATY , ART . 169 , FIRST PARA .)

2 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - REASONED OPINION - ORIGINATING APPLICATION - IDENTITY OF GROUNDS AND SUBMISSIONS - CRITERIA FOR ASSESSMENT

( EEC TREATY , ART . 169 , FIRST PARA .)

3 . APPROXIMATION OF LAWS - MEASURING INSTRUMENTS AND METHODS OF METROLOGICAL CONTROL - ELECTRICAL ENERGY METERS - OBLIGATIONS OF MEMBER STATES - LIMITS - OPTIONAL HARMONIZATION

( COUNCIL DIRECTIVES 71/316 , ART . 2 ( 2 ) AND ART . 8 ( 2 ) AND 76/891 , ART . 2 )

Summary

1 . IT FOLLOWS FROM THE PURPOSE ASSIGNED TO THE PRE-CONTENTIOUS STAGE OF THE PROCEEDINGS FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS THAT A LETTER GIVING FORMAL NOTICE IS INTENDED TO DELIMIT THE SUBJECT-MATTER OF THE DISPUTE AND TO INDICATE TO THE MEMBER STATE WHICH IS INVITED TO SUBMIT ITS OBSERVATIONS THE FACTORS ENABLING IT TO PREPARE ITS DEFENCE .

THE OPPORTUNITY FOR THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS CONSTITUTES AN ESSENTIAL GUARANTEE REQUIRED BY THE TREATY AND , EVEN IF THE MEMBER STATE DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF THEREOF , OBSERVANCE OF THAT GUARANTEE IS AN ESSENTIAL PROCEDURAL REQUIREMENT OF THE PROCEDURE UNDER ARTICLE 169 .

2 . SINCE THE SUBJECT-MATTER OF AN APPLICATION BROUGHT UNDER ARTICLE 169 IS DETERMINED BY THE COMMISSION ' S REASONED OPINION , THE REASONED OPINION AND THE APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .

THAT REQUIREMENT IS SATISFIED WHERE , IN THOSE TWO DOCUMENTS , THE COMMISSION , HAVING RE-STATED THE POINT OF VIEW OF THE AUTHORITIES OF THE MEMBER STATE CONCERNED , DEFINES IN SIMILAR AND SUFFICIENTLY SPECIFIC TERMS THE INFRINGEMENT ALLEGED AND THE REASONS FOR WHICH IT CONSIDERS THAT THE MEMBER STATE HAS FAILED TO FULFIL THE OBLIGATIONS IMPOSED ON IT BY THE TREATY .

3 . IT IS CLEAR FROM THE SCHEME OF FRAMEWORK DIRECTIVE 71/316 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR BOTH MEASURING INSTRUMENTS AND METHODS OF METROLOGICAL CONTROL AND OF THE IMPLEMENTING DIRECTIVE 76/891 RELATING TO ELECTRICAL ENERGY METERS THAT THOSE DIRECTIVES WERE INTENDED , AS A FIRST STEP , TO GO NO FURTHER THAN A PROGRAMME OF ' ' OPTIONAL HARMONIZATION ' ' WHICH EXEMPTS MEMBER STATES NOT IN POSSESSION OF THE NECESSARY CONTROL EQUIPMENT FROM HAVING THEMSELVES TO ISSUE , IN PURSUANCE OF ARTICLES 2 ( 2 ) AND 8 ( 2 ) OF DIRECTIVE 71/316 , THE EEC TYPE-APPROVAL SIGNS AND THE EEC INITIAL VERIFICATION MARKS IN RESPECT OF THE INSTRUMENTS PRESENTED . IT IS FOR EACH MEMBER STATE WHICH FINDS ITSELF IN THAT SITUATION TO ASSESS , HAVING REGARD IN PARTICULAR TO THE INTERESTS OF TRADERS ESTABLISHED WITHIN ITS TERRITORY , WHETHER IT OUGHT TO PROVIDE ITSELF WITH THE NECESSARY EQUIPMENT AND THUS BECOME SUBJECT TO THE OBLIGATIONS LAID DOWN BY ARTICLES 2 AND 8 OF DIRECTIVE 71/316 .
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Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF PRODUCTS - DISPARITIES BETWEEN NATIONAL RULES - OBSTACLES TO INTRA-COMMUNITY TRADE - WHEN PERMISSIBLE

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING IN ONE MEMBER STATE OF GOODS LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE - REQUIREMENT OF A PARTICULAR FORM OF PACKAGING FOR MARGARINE AND EDIBLE FATS - NON-ESSENTIAL CONDITION FOR PROTECTING AND INFORMING THE CONSUMER - NOT PERMISSIBLE

( EEC TREATY , ART . 30 )

Summary

1 . ALTHOUGH , IN THE ABSENCE OF COMMON RULES RELATING TO THE MARKETING OF THE PRODUCTS , OBSTACLES TO FREE MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS MUST BE ACCEPTED IN SO FAR AS SUCH RULES , APPLICABLE TO DOMESTIC AND TO IMPORTED PRODUCTS WITHOUT DISTINCTION , MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING INTER ALIA TO CONSUMER PROTECTION , IT IS STILL NECESSARY FOR SUCH RULES TO BE PROPORTIONATE TO THE AIM IN VIEW . IF A MEMBER STATE HAS A CHOICE BETWEEN VARIOUS MEASURES TO ATTAIN THE SAME OBJECTIVE IT SHOULD CHOOSE THE MEANS WHICH LEAST RESTRICTS THE FREE MOVEMENT OF GOODS .

2 . THE APPLICATION IN ONE MEMBER STATE TO MARGARINE IMPORTED FROM ANOTHER MEMBER STATE AND LAWFULLY PRODUCED AND MARKETED IN THAT STATE OF LEGISLATION PROHIBITING THE MARKETING OF MARGARINE OR EDIBLE FATS WHERE EACH BLOCK OR ITS EXTERNAL PACKAGING DOES NOT HAVE A PARTICULAR SHAPE , FOR EXAMPLE THE SHAPE OF A CUBE , IN CIRCUMSTANCES IN WHICH THE CONSUMER MAY BE PROTECTED AND INFORMED BY MEANS WHICH HINDER THE FREE MOVEMENT OF GOODS TO A LESSER DEGREE CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIEVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
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Keywords

EUROPEAN COMMUNITIES PUBLIC WORKS CONTRACTS - CLAUSE CONFERRING JURISDICTION ON THE COURT OF JUSTICE - UNILATERAL TERMINATION IN ACCORDANCE WITH THE TERMS OF THE CONTRACT - APPLICATION FOR CANCELLATION OF THE CONTRACTS - INADMISSIBLE - APPLICABLE LAW - INTENTION OF THE PARTIES - CONTRACTUAL LIABILITY - LOSS - ASSESSMENT

( EEC TREATY , ART . 181 ; EAEC TREATY , ART . 153 )
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1 . OFFICIALS - EQUAL TREATMENT - FUNDAMENTAL PRINCIPLE - CONCEPT

2.OFFICIALS - REMUNERATION - FAMILY ALLOWANCE - EDUCATION ALLOWANCE - ENTITLEMENT TO THE DOUBLE EDUCATION ALLOWANCE RESTRICTED TO EMPLOYEES ENTITLED TO THE EXPATRIATION ALLOWANCE - WHETHER PERMISSIBLE - BASIS

( STAFF REGULATIONS OF OFFICIALS , ANNEX VII , THIRD PARA . OF ARTICLE 3 )

Summary

1 . THE GENERAL PRINCIPLE OF EQUALITY IS ONE OF THE FUNDAMENTAL PRINCIPLES OF THE LAW OF THE COMMUNITY CIVIL SERVICE . THAT PRINCIPLE REQUIRES THAT COMPARABLE SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENTIATION IS OBJECTIVELY JUSTIFIED . CLEARLY IT REQUIRES THAT EMPLOYEES WHO ARE IN IDENTICAL SITUATIONS SHALL BE GOVERNED BY THE SAME RULES , BUT IT DOES NOT PREVENT THE COMMUNITY LEGISLATURE FROM TAKING INTO ACCOUNT OBJECTIVE DIFFERENCES IN THE CONDITIONS OR SITUATIONS IN WHICH THOSE CONCERNED ARE PLACED .

2.THE SECOND INDENT OF THE THIRD PARAGRAPH OF ARTICLE 3 OF ANNEX VII TO THE STAFF REGULATIONS , IN SO FAR AS IT RESTRICTS THE ENTITLEMENT TO THE DOUBLE EDUCATION ALLOWANCE TO THE CASE WHERE THE OFFICIAL IS ENTITLED TO THE EXPATRIATION ALLOWANCE , IS BASED ON OBJECTIVE CRITERIA AND HAS A DIRECT RELATIONSHIP WITH THE PURPOSE OF THE SCHEME OF EDUCATION ALLOWANCES .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT OR EXPORT LICENCES - EXTENSION OF THE PERIOD OF VALIDITY ON THE GROUND OF FORCE MAJEURE - RETROACTIVE EXTENSION - PERMISSIBILITY - CONDITIONS - EFFECTS

( REGULATION NO 473/67/EEC OF THE COMMISSION , ART . 9 ( 1 ))

Summary

IN SO FAR AS THE NARROWLY-DEFINED EXCEPTIONS , WHICH ARE RESTRICTED TO CASES OF FORCE MAJEURE , DO NOT IN PRINCIPLE AFFECT THE RELIABILITY OF THE LICENSING SYSTEM , THE EFFECTS OF A DECISION TO EXTEND THE PERIOD OF VALIDITY OF AN EXPORT LICENCE TAKEN BECAUSE OF THE EXISTANCE OF A CASE OF FORCE MAJEURE MUST COME INTO PLAY REGARDLESS OF WHETHER SUCH EXTENSION OCCURS BEFORE OR AFTER THE EXPIRY OF THE PERIOD OF VALIDITY OF THE LICENCE .

ARTICLE 9 ( 1 ) OF REGULATION NO 473/67 MUST THEREFORE BE INTERPRETED AS MEANING THAT THE PERIOD OF VALIDITY OF AN EXPORT LICENCE FOR WHICH THE REFUND HAS BEEN FIXED IN ADVANCE MAY BE EXTENDED FOR A PERIOD OF TIME WHICH HAS EXPIRED - THAT IS TO SAY , RETROACTIVELY - WHERE THE COMPETENT AUTHORITY HAS WRONGLY REFUSED TO GRANT IN DUE TIME AN EXTENSION JUSTIFIED BY A CASE OF FORCE MAJEURE AND WHERE AS A RESULT IT HAS BEEN NECESSARY FOR THE EXPORT TO BE EFFECTED ON THE BASIS OF A FRESH LICENCE RELATING TO THE SAME TRANSACTION ; IN SUCH A CASE , THE FRESH LICENCE HAS NO LEGAL EFFECT AND MUST BE FORMALLY CANCELLED .
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COMMON CUSTOMS TARIFF - SCHEME OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES - ' ' BEANS OF THE GENUS ' PHASEOLUS MUNGO ' ' ' WITHIN THE MEANING OF SUBHEADING 07.05 B I APPEARING IN ANNEX A TO REGULATION NO 2792/79 - CONCEPT - BEANS OF THE ' ' GREEN GRAM ' ' AND ' ' BLACK GRAM ' ' VARIETIES - PRODUCTS COVERED BY THAT CONCEPT

( COUNCIL REGULATION ( EEC ) NO 2792/79 , ANNEX A )

Summary

THE EXPRESSION ' ' BEANS OF THE GENUS ' PHASEOLUS MUNGO ' ' ' IN ANNEX A TO REGULATION ( EEC ) NO 2792/79 ESTABLISHING IN RESPECT OF CERTAIN PRODUCTS FALLING WITHIN CHAPTERS 1 TO 24 OF THE COMMON CUSTOMS TARIFF A SCHEME OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES MUST BE INTERPRETED SO AS TO INCLUDE BEANS OF THE ' ' GREEN GRAM ' ' VARIETY AS WELL AS THOSE OF THE ' ' BLACK GRAM ' ' VARIETY .
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1 . FREE MOVEMENT OF GOODS - TRADE WITH NON-MEMBER COUNTRIES - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - VETERINARY AND PUBLIC HEALTH INSPECTION CHARGES ON ANIMALS AND IMPORTED MEAT

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - POULTRYMEAT - TRADE WITH NON-MEMBER COUNTRIES - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DEROGATION - PURPOSE

( REGULATION NO 123/67 OF THE COUNCIL , ART . 11 ( 2 ); COUNCIL DIRECTIVE 71/118 , ART . 15 )

3.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - POULTRYMEAT - TRADE WITH NON-MEMBER COUNTRIES - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DEROGATION - DIRECTIVE 71/118 - TAKING EFFECT - NOTIFICATION TO MEMBER STATES - SUFFICIENT CONDITION - IMPLEMENTATION BY THE MEMBER STATES - IRRELEVANCE .

( REGULATION NO 123/67 OF THE COUNCIL , ART . 11 ( 2 ); COUNCIL DIRECTIVE 71/118 , ART . 15 )

Summary

1 . THE CONCEPT OF A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY COVERS ALL PECUNIARY CHARGES , WHATEVER THEIR AMOUNT , IMPOSED BY REASON OF VETERINARY OR PUBLIC HEALTH INSPECTION OF ANIMALS AND MEAT IMPORTED FROM NON-MEMBER COUNTRIES , UNLESS THEY RELATE TO A GENERAL SYSTEM OF INTERNAL TAXATION APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA AND AT THE SAME STAGE OF MARKETING TO DOMESTIC AND IMPORTED PRODUCTS ALIKE .

2.THE DEROGATION INTRODUCED BY ARTICLE 15 OF DIRECTIVE 71/118 FROM THE PROHIBITION IN ARTICLE 11 ( 2 ) OF REGULATION NO 123/67 OF LEVYING IN TRADE IN POULTRYMEAT WITH NON-MEMBER COUNTRIES CUSTOMS DUTIES OTHER THAN THOSE PROVIDED FOR IN THE COMMON CUSTOMS TARIFF OR CHARGES HAVING AN EQUIVALENT EFFECT IS INTENDED TO LAY DOWN , ON A PROVISIONAL BASIS PENDING THE IMPLEMENTATION OF A COMMUNITY SYSTEM OF HEALTH INSPECTION OF IMPORTS OF FRESH POULTRYMEAT FROM NON-MEMBER COUNTRIES , A RULE APPLICABLE TO THE NATIONAL ARRANGEMENTS FOR HEALTH INSPECTION REMAINING IN FORCE . THE OBJECT OF THE RULE IS TO ENSURE THAT INSPECTIONS EFFECTED ON IMPORTS FROM NON-MEMBER COUNTRIES , AND CHARGES LEVIED IN RESPECT OF SUCH INSPECTIONS SHOULD NOT BE MORE FAVOURABLE THAN THOSE WHICH APPLY UNDER THE DIRECTIVE TO INTRA-COMMUNITY TRADE AND THUS THE RULE SEEKS TO ENSURE THAT TRADERS WHO PUT ON THE MARKET FRESH MEAT ORIGINATING WITHIN THE COMMUNITY ARE NOT TREATED LESS FAVOURABLY THAN THEIR COMPETITORS WHO IMPORT MEAT FROM NON-MEMBER COUNTRIES .

3.AS REGARDS IMPORTS OF FRESH POULTRYMEAT FROM NON-MEMBER COUNTRIES THE DEROGATION INTRODUCED BY ARTICLE 15 OF COUNCIL DIRECTIVE 71/118 ON HEALTH PROBLEMS AFFECTING TRADE IN FRESH POULTRYMEAT FROM THE PROHIBITION OF THE LEVYING OF CUSTOMS DUTIES AND CHARGES HAVING AN EQUIVALENT EFFECT CONTAINED IN ARTICLE 11 ( 2 ) OF REGULATION NO 123/67 APPLIES FROM THE DATE OF THE NOTIFICATION OF THE SAID DIRECTIVE TO THE MEMBER STATE IN QUESTION , WHETHER OR NOT THAT MEMBER STATE HAS ALREADY ADOPTED THE NECESSARY MEASURES TO COMPLY WITH THE PROVISIONS OF THE DIRECTIVE .
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Keywords

FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF HEALTH - COMPETENCE OF MEMBER STATES - LIMITS - LEGISLATION RESTRICTING THE GRANTING OF APPROVAL OF PESTICIDES AND PHYTO-PHARMACEUTICAL PRODUCTS TO PERSONS ESTABLISHED ON ITS TERRITORY - JUSTIFICATION - LACK

( EEC TREATY , ARTS 30 AND 36 )

Summary

EACH MEMBER STATE IS ENTITLED TO TAKE WITHIN ITS TERRITORY , IN PARTICULAR IN A SPHERE IN WHICH THE OBJECTIVE OF HARMONIZATION OF HEALTH CONTROL MEASURES HAS NOT YET BEEN ACHIEVED , APPROPRIATE MEASURES IN ORDER TO ENSURE THE PROTECTION OF PUBLIC HEALTH . MOREOVER , SUCH MEASURES ARE JUSTIFIED ONLY IF IT IS ESTABLISHED THAT THEY ARE NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE OF PROTECTION REFERRED TO IN ARTICLE 36 AND THAT SUCH PROTECTION CANNOT BE ACHIEVED BY MEANS WHICH PLACE LESS OF A RESTRICTION ON THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY .

THAT IS NOT THE CASE WHERE THE LEGISLATION OF A MEMBER STATE RESTRICTS THE RIGHT TO APPLY FOR APPROVAL OF PESTICIDES FOR NON-AGRICULTURAL USE AND PHYTO-PHARMACEUTICAL PRODUCTS TO PERSONS ESTABLISHED ON ITS TERRITORY SINCE THE REQUIREMENT THAT A REPRESENTATIVE OF THE UNDERTAKINGS OF THE OTHER MEMBER STATES BE ESTABLISHED ON NATIONAL TERRITORY IS NOT SUCH AS TO PROVIDE , WITH A VIEW TO THE ATTAINMENT OF THE OBJECTIVE OF THE PROTECTION OF PUBLIC HEALTH , SUFFICIENT ADDITIONAL SAFEGUARDS TO JUSTIFY AN EXCEPTION TO THE PROHIBITION CONTAINED IN ARTICLE 30 OF THE TREATY .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - JEWELLERY BOXES AND SIMILAR CONTAINERS WITHIN THE MEANING OF SUBHEADING 42.02 B - CONCEPT - PLASTIC BOXES COVERED WITH VARNISHED PAPER - PRODUCTS INCLUDED IN THAT CONCEPT

Summary

THE WORDING OF TARIFF HEADING 42.02 AND THE EXPLANATORY NOTE OF THE CUSTOMS COOPERATION COUNCIL THEREON INDICATE THAT THE DECISIVE CRITERIA FOR CLASSIFYING ARTICLES FALLING WITHIN THAT HEADING ARE NOT ONLY THE MATERIALS USED BUT BOTH THEIR EXTERNAL APPEARANCE AND THE USE TO WHICH THEY ARE NORMALLY PUT .

JEWELLERY BOXES WITH HINGED LIDS , OF POLYSTYRENE AND WHOLLY COVERED ON THE OUTSIDE WITH VARNISHED PAPER , MUST BE CLASSIFIED AS BOXES FOR JEWELLERY UNDER TARIFF SUBHEADING 42.02 B OF THE COMMON CUSTOMS TARIFF .