ddrg/super_eurlex huggingface dataset:
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Keywords

1 . INTERNAL TAXATION - PRODUCTS OF OTHER MEMBER STATES - TAXATION - SYSTEM - DIFFERENCE COMPARED WITH THE ONE USED FOR THE TAXATION OF SIMILAR DOMESTIC PRODUCTS - DISCRIMINATION AGAINST IMPORTED PRODUCTS - PROHIBITION

( EEC TREATY , FIRST PARAGRAPH OF ARTICLE 95 )

2 . INTERNAL TAXATION - PRODUCTS OF OTHER MEMBER STATES - TAXATION - SYSTEM - CHOICE - COMPETENCE OF THE MEMBER STATES - RESTRICTION THEREOF BY THE PROHIBITION OF DISCRIMINATION WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95 - ABSENCE

3 . INTERNAL TAXATION - PRODUCTS OF OTHER MEMBER STATES - TAXATION - SYSTEM - CHOICE - GRADUATED TAX - APPLICATION TO PRODUCTION - PERIOD OF REFERENCE FIXED - LIMITS OF THE FIRST PARAGRAPH OF ARTICLE 95

Summary

1 . THE LEVYING BY A MEMBER STATE OF A TAX ON A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE IN ACCORDANCE WITH A METHOD OF CALCULATION OR RULES WHICH DIFFER FROM THOSE USED FOR THE TAXATION OF THE SIMILAR DOMESTIC PRODUCT , FOR EXAMPLE A FLAT-RATE AMOUNT IN ONE CASE AND A GRADUATED AMOUNT IN ANOTHER , WOULD BE INCOMPATIBLE WITH THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY IF THE LATTER PRODUCT WERE SUBJECT , EVEN IF ONLY IN CERTAIN CASES , BY REASON OF GRADUATED TAXATION , TO A CHARGE TO TAX LOWER THAN THAT ON THE IMPORTED PRODUCT .

2 . THE FIRST PARAGRAPH OF ARTICLE 95 DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO ESTABLISH THE SYSTEM OF TAXATION WHICH IT CONSIDERS THE MOST SUITABLE IN RELATION TO EACH PRODUCT PROVIDED THAT THE IMPORTED PRODUCT IS NOT SUBJECT TO A CHARGE TO TAX HIGHER THAN THAT ON THE SIMILAR DOMESTIC PRODUCT .

3 . IF A MEMBER STATE HAS ELECTED TO APPLY TO HOME-PRODUCED BEER A GRADUATED TAX CALCULATED ON THE BASIS OF THE QUANTITY WHICH EACH BREWERY PRODUCES IN ONE YEAR , THE FIRST PARAGRAPH OF ARTICLE 95 IS ONLY FULLY COMPLIED WITH IF THE FOREIGN BEER , ALSO TAXED ON THE BASIS OF THE QUANTITIES PRODUCED BY EACH BREWERY IN ONE YEAR , IS ALSO TAXED AT THE SAME OR A LOWER RATE .
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OFFICIALS - PERFORMANCE OF DUTIES - INTEGRITY THEREIN - SERIOUS ACCUSATIONS - DUTIES OF ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 24 )

Summary

ARTICLE 24 REQUIRES THAT WHERE THERE ARE SERIOUS ACCUSATIONS AS TO THE INTEGRITY OF AN OFFICIAL IN CARRYING OUT HIS DUTIES , THE ADMINISTRATION SHOULD TAKE ALL NECESSARY STEPS TO ESTABLISH WHETHER THE ACCUSATIONS ARE JUSTIFIED AND WHERE THEY ARE NOT SHOULD REFUTE THEM AND DO EVERYTHING POSSIBLE TO RESTORE THE GOOD NAME OF THE OFFICIAL CONCERNED . THE OBLIGATION TO ASSIST ALSO APPLIES IN A CASE IN WHICH THE OFFICIAL INJURED HAS NOT HIMSELF TAKEN THE INITIATIVE IN PURSUING THE PERSON RESPONSIBLE FOR THE ATTACKS AGAINST HIM .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER - CONCEPT

( REGULATION NO 1408/71 , ARTICLE 1 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - TOTAL UNEMPLOYMENT - LAST EMPLOYMENT - MEMBER STATE OTHER THAN THAT OF RESIDENCE - UNEMPLOYMENT BENEFITS - CLAIM - STATE OF RESIDENCE - LEGISLATION - APPLICATION

( REGULATION NO 1408/71 , ARTICLE 71 ( 1 ) ( B ) ( II ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - PURPOSE - NETHERLANDS LAW ON UNEMPLOYMENT , TITLE III A - PAYMENTS - NATURE - ABSENCE OF UNEMPLOYMENT BENEFITS WITHIN THE MEANING OF REGULATION NO 1408/71 , ARTICLE 4 ( 1 )

Summary

1 . IT MUST BE ACCEPTED THAT THE STATUS OF WORKER WITHIN THE MEANING OF REGULATION NO 1408/71 IS ACQUIRED WHEN THE WORKER COMPLIES WITH THE SUBSTANTIVE CONDITIONS LAID DOWN OBJECTIVELY BY THE SOCIAL SECURITY SCHEME APPLICABLE TO HIM EVEN IF THE STEPS NECESSARY FOR AFFILIATION TO THAT SCHEME HAVE NOT BEEN COMPLETED .

2 . A WHOLLY UNEMPLOYED WORKER WHO , IN THE COURSE OF HIS LAST EMPLOYMENT , WAS EMPLOYED IN A MEMBER STATE OTHER THAN THAT OF HIS RESIDENCE BY AN UNDERTAKING ESTABLISHED IN THE LATTER STATE AND WHO , IN RESPECT OF THAT ACTIVITY , WAS SUBJECT TO THE LEGISLATION OF THE STATE OF EMPLOYMENT MAY , BY VIRTUE OF ARTICLE 71 ( 1 ) ( B ) ( II ) OF REGULATION NO 1408/71 , CLAIM UNEMPLOYMENT BENEFITS UNDER THE PROVISIONS OF THE NATIONAL LEGISLATION OF THE STATE WHERE HE RESIDES AND TO WHOSE EMPLOYMENT SERVICES HE MAKES HIMSELF AVAILABLE FOR WORK .

3 . THE UNEMPLOYMENT BENEFITS REFERRED TO IN ARTICLE 4 ( 1 ) ( G ) OF REGULATION NO 1408/71 ARE ESSENTIALLY INTENDED TO GUARANTEE TO AN UNEMPLOYED WORKER THE PAYMENT OF SUMS WHICH DO NOT CORRESPOND TO CONTRIBUTIONS MADE BY THAT WORKER IN THE COURSE OF HIS EMPLOYMENT . BENEFITS SUCH AS THOSE UNDER TITLE III A OF THE NETHERLANDS LAW ON UNEMPLOYMENT THE AIM OF WHICH IS TO ENABLE A WORKER WHO IS OWED WAGES FOLLOWING THE INSOLVENCY OF HIS EMPLOYER TO RECOVER THE AMOUNTS DUE TO HIM WITHIN THE LIMITS LAID DOWN BY THAT LAW DO NOT CONSTITUTE ' UNEMPLOYMENT BENEFITS ' WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( G ) OF REGULATION NO 1408/71 .
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1 . QUESTIONS REFERRED TO THE COURT FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - DEATH OF A WORKER - ACCIDENT AT WORK - PENSION - FAMILY ALLOWANCES - LEGISLATION APPLICABLE - RIGHT NOT LINKED TO AN ORPHAN ' S PENSION

( REGULATION NO 3 OF THE COUNCIL , ARTICLE 42 ( 5 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - RIGHTS ACQUIRED BY AN INSURED PERSON BEFORE THE ENTRY INTO FORCE OF REGULATION NO 1408/71 - REVIEW - COMPETENT INSTITUTION OF A MEMBER STATE - SUBSTITUTION FOR THE PERSON ENTITLED - PROHIBITION

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 94 ( 5 ))

Summary

1 . THE COURT IS NOT REQUIRED TO RULE , WITHIN THE CONTEXT OF A REQUEST FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY , ON THE MEANING AND SCOPE OF NATIONAL LEGISLATIVE PROVISIONS BUT MUST RESTRICT ITSELF TO THE INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW IN QUESTION .

2 . ARTICLE 42 ( 5 ) OF REGULATION NO 3 MUST BE INTERPRETED AS DETERMINING THE LEGISLATION APPLICABLE TO THE PAYMENT OF FAMILY ALLOWANCES TO THE CHILDREN OF A WORKER WHO HAS DIED AS A RESULT OF AN ACCIDENT AT WORK AND AS MEANING THAT THE RIGHT OF THE CHILDREN OF THE DECEASED TO FAMILY ALLOWANCES IS NOT LINKED TO THE AWARD OF AN ORPHAN ' S PENSION .

3 . SINCE THE AIM OF ARTICLE 94 ( 5 ) OF REGULATION NO 1408/71 IS TO GIVE TO A PERSON TO WHOM BENEFITS WERE AWARDED UNDER THE OLD REGULATION THE RIGHT TO REQUEST THE REVIEW , IN HIS FAVOUR , OF SUCH BENEFITS , IT MUST BE INTERPRETED AS MEANING THAT THE COMPETENT INSTITUTION OF A MEMBER STATE IS NOT ENTITLED TO SUBSTITUTE ITSELF FOR AN INSURED PERSON WITH REGARD TO THE REVIEW OF THE RIGHTS WHICH THAT PERSON ACQUIRED BEFORE THE REGULATION CAME INTO FORCE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INJURY SUSTAINED IN THE TERRITORY OF ANOTHER MEMBER STATE - COMPENSATION - CLAIMS AGAINST A THIRD PARTY - RIGHT OF THE PERSON CONCERNED - SUBROGATION THERETO OF THE INSTITUTION LIABLE TO PAY BENEFITS - LIMITS

( REGULATION NO 3 , ARTICLE 52 )

Summary

THE ACTION BY SUBROGATION WHICH MAY BE AVAILABLE , UNDER THE TERMS OF ARTICLE 52 OF REGULATION NO 3 , TO A SOCIAL SECURITY INSTITUTION IN A MEMBER STATE , AS THE CONSEQUENCE OF AN ACCIDENT IN THE TERRITORY OF ANOTHER MEMBER STATE INVOLVING A PERSON INSURED WITH SUCH INSTITUTION MUST BE RECOGNIZED ON THE BASIS OF THE LEGISLATION APPLICABLE TO THE INSTITUTION LIABLE TO PAY BENEFITS . HOWEVER , THE RIGHT OF SUBROGATION COVERS ONLY THE COMPENSATION TO WHICH THE VICTIM OR HIS LEGAL SUCCESSORS ARE ENTITLED UNDER THE LEGISLATION OF THE STATE IN THE TERRITORY OF WHICH THE INJURY OCCURRED WHICH CORRESPONDS TO THE BENEFITS PAID BY THE INSTITUTION LIABLE TO PAY THEM , AND NOT COMPENSATION GRANTED FOR NONMATERIAL DAMAGE OR IN RESPECT OF OTHER ITEMS OF DAMAGE OF A PERSONAL NATURE .
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TRANSPORT - SOCIAL LEGISLATION - HARMONIZATION - DAILY REST PERIOD - INDIVIDUAL CONTROL BOOK - OBLIGATION - SCOPE - DRIVER OF VEHICLE - INDEPENDENT TRADER

Summary

ARTICLES 1 , 2 AND 4 OF REGULATION NO 543/69 OF THE COUNCIL OF 25 MARCH 1969 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT MUST BE INTERPRETED AS COVERING ANY CARRIAGE COMING WITHIN THE SCOPE OF THE REGULATION IRRESPECTIVE OF THE STATUS OF THE DRIVER OF THE VEHICLE SO THAT THE PROVISIONS OF THE REGULATION ARE APPLICABLE TO CARRIAGE EFFECTED BOTH BY AN INDEPENDENT TRADER AND BY AN EMPLOYED DRIVER .
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COMMUNITY REVENUE - PAYMENT - CLAIMS - LEGAL PROCEEDINGS - CAPACITY OF THE MEMBER STATES

( REGULATION ( EEC , EURATOM , ECSC ) NO 2/71 OF THE COUNCIL , ARTICLES 1 , 6(2 ) AND ( 3 ), 7(1 ) AND 13(2 ))

Summary

IN THE PRESENT STATE OF COMMUNITY LAW ONLY THE MEMBER STATES AND THEIR AUTHORITIES ARE EMPOWERED TO TAKE PROCEEDINGS BEFORE NATIONAL COURTS FOR THE PURPOSE OF CLAIMING PAYMENT OF COMMUNITY REVENUE CONSTITUTING OWN RESOURCES .
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1 . QUANTITATIVE RESTRICTIONS - ELIMINATION - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

WAS TREATY , ARTICLE 30 )

2 . AGRICULTURE - TRANSITIONAL PERIOD - EXPIRATION - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - ELIMINATION - PRODUCT NOT SUBJECT TO A COMMON ORGANIZATION OF THE MARKET - DEROGATION - NOT PERMISSIBLE

( EEC TREATY , ARTICLE 34 )

Summary

1 . THE IMPOSITION OF ANY SPECIAL FORMALITY ON INTRA-COMMUNITY TRADE CONSTITUTES AN OBSTACLE TO THE FREE MOVEMENT OF GOODS BY THE DELAY WHICH IT INVOLVES AND THE DISSUASIVE EFFECT WHICH IT HAS UPON EXPORTERS .

2 . FOLLOWING THE END OF THE TRANSITIONAL PERIOD , THE PROVISIONS OF ARTICLES 39 TO 46 CANNOT BE RELIED UPON IN JUSTIFICATION OF A UNILATERAL DEROGATION FROM THE REQUIREMENTS OF ARTICLE 34 OF THE TREATY , EVEN IN RESPECT OF AN AGRICULTURAL PRODUCT FOR WHICH NO COMMON ORGANIZATION OF THE MARKET HAS YET BEEN ESTABLISHED .
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HARMONIZATION OF LAWS RELATING TO ELECTRICAL EQUIPMENT - COUNCIL DIRECTIVE NO 73/23 ( EEC ) - MANDATORY APPLICATION

Summary

IN SETTING A PRECISE PERIOD FOR THE PUTTING INTO FORCE OF NATIONAL PROVISIONS , ARTICLE 13 OF DIRECTIVE NO 73/23 ( EEC ) REQUIRES THE ADOPTION OF PROVISIONS ENSURING THAT ARTICLES 5 TO 8 OF THE DIRECTIVE SHALL APPLY FULLY AND IMMEDIATELY IN CASES TO WHICH THEY RELATE . FOR THE PURPOSES OF THE DIRECTIVE AND OF ARTICLE 13 THEREOF , IT DOES NOT SUFFICE FOR MEMBER STATES TO POSTPONE THE IMPLEMENTATION OF THAT ARTICLE UNTIL THE TIME WHEN THE STANDARDS CONCERNED HAVE BEEN ADOPTED .
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COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - ' STRUCTURE ' WITHIN THE MEANING OF TARIFF HEADING 73.21 - CONCEPT - EXCLUSION OF MOBILE MACHINES INTENDED TO RENDER THE MINE FACE SAFE IN MINING - CLASSIFICATION UNDER SUBHEADING 84.59 E - ATTACHMENT TO MINING MACHINERY - CLASSIFICATION UNDER TARIFF HEADING 84.23

Summary

THE TERM ' STRUCTURE ' IN TARIFF HEADING 73.21 OF THE COMMON CUSTOMS TARIFF MAY NOT BE INTERPRETED SO AS TO INCLUDE AN ARTICLE WHICH IS INTENDED TO RENDER THE MINE FACE SAFE IN MINING AND INTER ALIA IS EQUIPPED IN SUCH A WAY THAT IT AND MINING MACHINERY PLACED ON A PART OF IT CAN BE MOVED FORWARD STEP BY STEP BY MEANS OF HYDRAULIC CYLINDERS AND A MOTORIZED PUMP UNIT WHICH IS SEPARATELY INSTALLED . IF SUCH MACHINERY IS DIRECTLY ATTACHED TO MINING MACHINERY FOR WORKING THE EARTH ' S CRUST IT IS TO BE CLASSIFIED UNDER TARIFF HEADING 84.23 OF THE COMMON CUSTOMS TARIFF . IF THIS IS NOT THE CASE , IT MUST BE CLASSIFIED UNDER SUBHEADING 84.59 E OF THAT TARIFF .
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OFFICIALS - PENSION - TRANSITIONAL SYSTEM - PENSION RIGHTS - ACQUISITION - PAYMENT OF CONTRIBUTIONS AS THE BASIS THEREOF - INTEREST - CONSIDERATION OF INTEREST - ABSENCE - LOSS OF INCOME FROM THE INVESTMENT OF CONTRIBUTIONS - COMPENSATION OF THE FUND - REFUSAL

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ARTICLES 48 AND 49 ; STAFF MEMORANDUM OF THE COMMISSION NO 16-470/58-F , OF 19 JUNE 1958 )

Summary

IT IS CLEAR FROM THE SECOND PARAGRAPH OF ARTICLE 48 AND THE FIRST PARAGRAPH OF ARTICLE 49 OF ANNEX VIII TO THE STAFF REGULATIONS OF OFFICIALS THAT , ON THE ONE HAND , THE PAYMENT OF CONTRIBUTIONS IS SUFFICIENT TO CONFER FULL PENSION RIGHTS WITHOUT THE NEED TO PAY INTEREST AND THAT , ON THE OTHER , THOSE RIGHTS ARE ACQUIRED WITHOUT THE FUND ' S BEING COMPENSATED FOR THE LOSS OF THE INVESTMENT INCOME FROM THE CONTRIBUTIONS WHICH IT WOULD HAVE RECEIVED IF THE CONTRIBUTIONS HAD BEEN PAID WITHIN THE PERIOD LAID DOWN IN STAFF MEMORANDUM NO 16-470/58-F , OF 19 JUNE 1958 .
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1 . MEASURES ADOPTED BY AN INSTITUTION - DIRECT EFFECT - DIRECTIVES

( EEC TREATY , ARTICLE 189 )

2 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

3 . CUSTOMS DUTY - CUSTOMS WAREHOUSES - PROCEDURE - HARMONIZATION - ARTICLE 10 ( 2 ) ( D ) OF DIRECTIVE NO 69/74 - DIRECT EFFECT

4 . CUSTOMS DUTY - VALUE FOR CUSTOMS PURPOSES - CALCULATION - PRICE TO BE TAKEN AS BASIS - COSTS OF WAREHOUSING AND OF PRESERVING THE GOODS WHILST IN WAREHOUSES - EXCLUSION

( DIRECTIVE NO 69/74 , ARTICLE 10 ( 2 ) ( D ))

Summary

1 . WHERE THE COMMUNITY AUTHORITIES HAVE , BY DIRECTIVE , IMPOSED ON MEMBER STATES THE OBLIGATION TO PURSUE A PARTICULAR COURSE OF CONDUCT , THE EFFECTIVENESS OF SUCH AN ACT WOULD BE WEAKENED IF INDIVIDUALS WERE PREVENTED FROM RELYING ON IT BEFORE THEIR NATIONAL COURTS AND IF THE LATTER WERE PREVENTED FROM TAKING IT INTO CONSIDERATION AS AN ELEMENT OF COMMUNITY LAW . THAT IS ESPECIALLY SO WHEN THE INDIVIDUAL INVOKES A PROVISION OF A DIRECTIVE BEFORE A NATIONAL COURT IN ORDER THAT THE LATTER SHALL RULE WHETHER THE COMPETENT NATIONAL AUTHORITIES , IN EXERCISING THE CHOICE WHICH IS LEFT TO THEM AS TO THE FORM AND THE METHODS FOR IMPLEMENTING THE DIRECTIVE , HAVE KEPT WITHIN THE LIMITS OF THEIR DISCRETION AS SET OUT IN THE DIRECTIVE .

2 . THE COURT HAS NO POWER IN THE CONTEXT OF PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY EITHER TO INTERPRET PROVISIONS OF NATIONAL LAW OR TO RULE ON THEIR POSSIBLE INCOMPATIBILITY WITH COMMUNITY LAW . HOWEVER , IN THE CONTEXT OF THE INTERPRETATION OF COMMUNITY LAW , IT MAY PROVIDE THE NATIONAL COURT WITH THE CRITERIA ENABLING IT TO DEAL WITH THE ACTION BEFORE IT , IN PARTICULAR AS REGARDS ANY INCOMPATIBILITY OF NATIONAL PROVISIONS WITH COMMUNITY RULES .

3 . ARTICLE 10 ( 2 ) ( D ) OF DIRECTIVE NO 69/74 OF 4 MARCH 1969 MAY BE RELIED ON BY PARTIES CONCERNED FOR THE PURPOSE OF VERIFYING WHETHER THE NATIONAL MEASURES ADOPTED FOR ITS IMPLEMENTATION ARE IN ACCORDANCE WITH IT AND THE NATIONAL COURTS MUST GIVE IT PRECEDENCE OVER ANY NATIONAL MEASURES WHICH MAY PROVE INCOMPATIBLE WITH ITS TERMS .

4 . ARTICLE 10 ( 2 ) ( D ) OF DIRECTIVE NO 69/74 MUST BE INTERPRETED AS MEANING THAT IF THE PRICE PAID OR PAYABLE BY THE PURCHASER IS TAKEN AS THE BASIS IN CALCULATING THE VALUE OF GOODS FOR CUSTOMS PURPOSES AND IF , IN ADDITION TO THE PRICE OF THE GOODS , IT INCLUDES AN AMOUNT CORRESPONDING TO THE COSTS OF WAREHOUSING AND OF PRESERVING THE GOODS WHILST IN WAREHOUSES WITHIN THE TERRITORY OF THE COMMUNITY , THAT PRICE MUST BE ADJUSTED IN SUCH A WAY AS TO EXCLUDE THE LATTER FACTORS FROM IT .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - BEEF AND VEAL - IMPORTS FROM THIRD COUNTRIES - PROTECTIVE MEASURES - DISCRETIONARY POWER OF THE COMMISSION - LIMITS

( REGULATION NO 805/68 OF THE COUNCIL ; REGULATION NO 2033/75 OF THE COMMISSION )

2 . COMMUNITY LAW - PRINCIPLE OF FORCE MAJEURE - APPLICATION - CONDITION

Summary

1 . IN ADOPTING REGULATION NO 2033/75 THE COMMISSION DID NOT EXCEED THE LIMITS OF ITS DISCRETIONARY POWER UNDER REGULATION NO 805/68 .

2 . THE APPLICATION OF THE PRINCIPLE OF FORCE MAJEURE IN THE RELATIONSHIP BETWEEN AN INDIVIDUAL AND THE PUBLIC ADMINISTRATION PRESUPPOSES THE NON- PERFORMANCE OF AN OBLIGATION UPON THE INDIVIDUAL WITH RESPECT TO THE ADMINISTRATION . NO GENERAL LEGAL PRINCIPLE OF FORCE MAJEURE IS TO BE DISCERNED IN THE NATIONAL LEGAL SYSTEMS WHERE THERE IS NO SUCH OBLIGATION .
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COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - TARIFF HEADING 48.15 - INTERPRETATION

Summary

TARIFF HEADING 48.15 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT IT DOES NOT INCLUDE GOODS CONSISTING OF TWO SHEETS OF DIN A 4 FORMAT STUCK TOGETHER , ONE OF WHICH IS CARBON PAPER AND THE OTHER FLIMSY PAPER , AS SUCH GOODS MUST BE CLASSIFIED UNDER TARIFF HEADING 48.18 AS ' OTHER STATIONERY OF PAPER ' .
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1 . OFFICIALS - APPLICATION - INITIAL COMPLAINT - REQUIRED CONDITION ONLY FOR MEASURES WHICH THE ADMINISTRATION CAN REVIEW - DECISION OF A SELECTION BOARD

( STAFF REGULATIONS , ARTS . 90 AND 91 )

2 . OFFICIALS - APPLICATION - ASSIGNMENT TO A POST - ABSENCE OF FINANCIAL BENEFITS OR ENHANCED OFFICIAL STATUS - LEGAL INTEREST IN TAKING PROCEEDINGS

( STAFF REGULATIONS , ART . 91 )

Summary

1 . BY PROVIDING THAT AN APPEAL TO THE COURT OF JUSTICE SHALL LIE ONLY IF THE PERSON CONCERNED HAS PREVIOUSLY BROUGHT AN OFFICIAL COMPLAINT , ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS REFERS ONLY TO MEASURES WHICH THE APPOINTING AUTHORITY CAN REVIEW AND DOES NOT THEREFORE COVER THE DECISIONS OF A SELECTION BOARD .

2 . EVEN IN THE ABSENCE OF FINANCIAL BENEFITS OR ENHANCED OFFICIAL STATUS , AN OFFICIAL OR SERVANT MAY HAVE AN INTEREST IN PREFERRING SOME ODUTIES TO OTHERS .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - RIGHT TO GRANT OR DUTY OF PAYMENT THEREOF - CREATION - RULES APPLICABLE

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - MAINTENANCE FOR A WEEK - LEGITIMATE EXPECTATION - ABSENCE THEREOF

( COMMISSION REGULATION NO 2405/76 )

Summary

1 . THE ACTUAL RIGHT TO RECEIVE A MONETARY COMPENSATORY AMOUNT AND THE CHARGE RESULTING FROM THE LEVYING OF SUCH AN AMOUNT ARE ONLY CREATED BY THE PERFORMANCE OF THE IMPORT OR EXPORT TRANSACTION AS THE CASE MAY BE AND ONLY FROM THE MOMENT WHEN THAT TRANSACTION TAKES PLACE . IT FOLLOWS THAT IN THE ABSENCE OF AN EXPRESS PROVISION TO THE CONTRARY THE AMOUNTS TO BE PAID OR LEVIED ARE THOSE FIXED BY THE RULES IN FORCE AT THE MOMENT OF THE IMPORT OR EXPORT WHATEVER MAY BE THE DATE ON WHICH THE CONTRACT RELATING TO THE TRANSACTION IN QUESTION WAS CONCLUDED .

2 . HAVING REGARD TO THE RECITALS TO AND THE PROVISIONS OF REGULATION NO 2405/76 AND TO THE SPECIAL CIRCUMSTANCES EXISTING AT THE TIME OF ITS ADOPTION IT COULD NOT AROUSE IN THE MINDS OF PERSONS CONCERNED A LEGITIMATE EXPECTATION , WHICH THE COMMISSION WAS REQUIRED TO PROTECT , OF ITS MAINTENANCE FOR THE WHOLE OF THE WEEK IN QUESTION .
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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURE OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION IN THE FORM OF A REGULATION - ADMISSIBILITY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 173 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - EXPORT LICENCES - ADVANCE FIXING OF REFUND - ALTERATION OF RATES OF EXCHANGE - CONSEQUENCES FOR PERSONS CONCERNED - OPTION TO CANCEL LICENCES - RIGHT TO COMPENSATION FOR THE DISADVANTAGE SUFFERED

( COUNCIL REGULATION NO 878/77 , ARTICLE 4 ( 2 ); COMMISSION REGULATIONS NO 937/77 , ARTICLE 2 , AND NO 1583/77 )

3 . APPLICATION FOR ANNULMENT - SUBMISSIONS - FRUSTRATION OF LEGITIMATE EXPECTATION - ADMISSIBILITY

( EEC TREATY , ARTICLE 173 )

Summary

1 . AN APPLICATION BY NATURAL OR LEGAL PERSONS AGAINST A PROVISION WHICH , ALTHOUGH CONTAINED IN A REGULATION , AMOUNTS IN SUBSTANCE TO A DECISION BECAUSE IT IS OF JUST THE SAME DIRECT AND INDIVIDUAL CONCERN TO THEM AS IF IT HAD BEEN ADDRESSED TO THEM IS ADMISSIBLE .

2 . WITHIN THE FRAMEWORK OF THE RULES RELATING TO THE CONSEQUENCES OF ALTERATIONS IN THE RATES OF EXCHANGE TO BE APPLIED IN THE AGRICULTURAL SECTOR , AS REGARDS EXPORT LICENCES INVOLVING ADVANCE FIXING OF AMOUNTS TO BE PAID OR REFUNDED THE SYSTEM FOR THE PAYMENT OF COMPENSATION IS NOT BY ITSELF LESS FAVOURABLE TO THE PARTIES CONCERNED THAN THAT OF THE RIGHT TO CANCEL LICENCES ; ALTHOUGH IN SOME SPECIFIC CASES ONE OF THE TWO SYSTEMS MAY PROVE TO BE MORE FAVOURABLE TO THE PARTY CONCERNED , IN GENERAL THEY EACH OFFER ADVANTAGES AND DISADVANTAGES WHICH ARE OF EQUAL VALUE TO THE TRADER .

3 . THE SUBMISSION THAT THERE HAS BEEN A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION IS ADMISSIBLE IN THE CONTEXT OF PROCEEDINGS INSTITUTED UNDER ARTICLE 173 OF THE TREATY , SINCE THE PRINCIPLE IN QUESTION FORMS PART OF THE COMMUNITY LEGAL ORDER WITH THE RESULT THAT ANY FAILURE TO COMPLY WITH IT IS AN ' ' INFRINGEMENT OF THIS TREATY OR OF ANY RULE OF LAW RELATING TO ITS APPLICATION ' ' WITHIN THE MEANING OF THAT ARTICLE .
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1 . OFFICIALS - REMUNERATION - ANNUAL ADJUSTMENT - METHOD - APPLICATION OF WEIGHTING TO AMOUNTS REFERRED TO IN ARTICLE 66 OF THE STAFF REGULATIONS - PERMISSIBILITY - CONDITIONS

( STAFF REGULATIONS OF OFFICICIALS , ARTS . 65 AND 66 )

2 . OFFICIALS - REMUNERATION - BASIC SALARY - CONCEPT

( STAFF REGULATIONS OF OFFICIALS , ART . 66 )

Summary

1 . ALTHOUGH ANY ADJUSTMENT OF REMUNERATION BY THE ADJUSTMENT OF THE BASIC SALARIES IN THE TABLE CONTAINED IN ARTICLE 66 WOULD APPEAR TO BE MORE CONSISTENT WITH THE PROCEDURE LAID DOWN IN ARTICLES 64 AND 65 , THE COUNCIL IS NEVERTHELESS AT LIBERTY TO RAISE THE LEVEL OF REMUNERATION BY APPLYING A WEIGHTING TO THE AMOUNTS IN THE TABLE IN ARTICLE 66 , PROVIDING ALWAYS THAT AS REGARDS THE PECUNIARY RIGHTS OF OFFICIALS SUCH METHOD DOES NOT LEAD TO RESULTS WHICH ARE INCOMPATIBLE WITH THOSE INTENDED BY THE PROCEDURE LAID DOWN IN ARTICLE 65 . THIS WOULD BE THE CASE IF THE APPLICATION OF WEIGHTINGS UNDER THE TERMS OF ARTICLE 65 ( 1 ) WERE TO LEAD , AS REGARDS THOSE PECUNIARY RIGHTS , TO RESULTS DIFFERENT FROM THOSE FLOWING FROM AN INCREASE IN THE AMOUNTS SHOWN IN THE TABLE IN ARTICLE 66 OF THE STAFF REGULATIONS .

2 . THE BASIC SALARY AS REFERRED TO IN ARTICLE 66 OF THE STAFF REGULATIONS COMPRISES THE AMOUNTS INCLUDED IN THE TABLE CONTAINED IN THAT ARTICLE , SUBJECT , WHERE APPROPRIATE , TO THE WEIGHTING ADOPTED FOR THE PROVISIONAL SEATS BY THE COUNCIL FOLLOWING THE ANNUAL REVIEW PROVIDED FOR IN ARTICLE 65 ( 1 ).
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - DISCRIMINATION ON GROUND OF NATIONALITY - PROHIBITION - DIRECT EFFECT

( EEC TREATY , ARTS . 7 AND 48 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 3 ( 1 ))

2 . COMMUNITY LAW - PRINCIPLE OF NON-DISCRIMINATION ON GROUND OF NATIONALITY - DISPARITIES IN TREATMENT RESULTING FROM DIVERGENCES BETWEEN LAWS OF MEMBER STATES - EXCLUSION

( EEC TREATY , ARTS . 7 AND 48 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - CASH BENEFITS - LOSS OR SUSPENSION OF RIGHT - GROUND - FACTS OCCURRING IN TERRITORY OF COMPETENT STATE - ANALOGOUS FACTS OCCURRING IN ANOTHER MEMBER STATE - TREATMENT AS EQUIVALENT - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ARTS . 7 AND 48 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 3 ( 1 ), ART . 19 ( 1 ) ( B ) AND ART . 22 ( 1 ) ( A ) ( II ))

Summary

1 . WITHIN THE SCOPE OF APPLICATION OF REGULATION NO 1408/71 THE FIRST PARAGRAPH OF ARTICLE 7 OF THE TREATY , AS IMPLEMENTED BY ARTICLE 48 OF THE TREATY AND ARTICLE 3 ( 1 ) OF THAT REGULATION , IS DIRECTLY APPLICABLE IN MEMBER STATES .

2 . BY PROHIBITING EVERY MEMBER STATE FROM APPLYING ITS LAW DIFFERENTLY ON THE GROUND OF NATIONALITY , WITHIN THE FIELD OF APPLICATION OF THE TREATY , ARTICLES 7 AND 48 ARE NOT CONCERNED WITH ANY DISPARITIES IN TREATMENT WHICH MAY RESULT , BETWEEN MEMBER STATES , FROM DIVERGENCES EXISTING BETWEEN THE LAWS OF THE VARIOUS MEMBER STATES , SO LONG AS THE LATTER AFFECT ALL PERSONS SUBJECT TO THEM IN ACCORDANCE WITH OBJECTIVE CRITERIA AND WITHOUT REGARD TO THEIR NATIONALITY .

3 . ARTICLES 7 AND 48 OF THE TREATY AND ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71 DO NOT PROHIBIT THE TREATMENT BY THE INSTITUTIONS OF MEMBER STATES OF CORRESPONDING FACTS OCCURRING IN ANOTHER MEMBER STATE AS EQUIVALENT TO FACTS WHICH , IF THEY OCCUR IN THE NATIONAL TERRITORY , CONSTITUTE A GROUND FOR THE LOSS OR SUSPENSION OF THE RIGHT TO CASH BENEFITS ; THE DECISION ON THIS MATTER IS FOR THE NATIONAL AUTHORITIES , PROVIDED THAT IT APPLIES WITHOUT REGARD TO NATIONALITY AND THAT THOSE FACTS ARE NOT DESCRIBED IN SUCH A WAY THAT THEY LEAD IN FACT TO DISCRIMINATION AGAINST NATIONALS OF THE OTHER MEMBER STATES .