ddrg/super_eurlex huggingface dataset:
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Summary



Keywords

1 . SOCIAL POLICY - MALE AND FEMALE WORKERS - REMUNERATION - CONCEPT - SOCIAL SECURITY CONTRIBUTIONS PAID BY THE PUBLIC AUTHORITIES AND INCLUDED IN THE CALCULATION OF THE GROSS SALARY PAYABLE TO CIVIL SERVANTS - INCLUSION - CONDITIONS

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MALE AND FEMALE WORKERS - REMUNERATION - EQUALITY - SOCIAL SECURITY SCHEME FOR CIVIL SERVANTS - HUSBAND AND WIFE TREATED AS ONE PERSON FOR THE PURPOSE OF CALCULATING THE CONTRIBUTIONS PAID BY THE PUBLIC AUTHORITIES - INCOMPATIBILITY WITH THE PRINCIPLE OF EQUALITY - CONDITIONS

( EEC TREATY , ART . 119 )

Summary

1 . THE AMOUNTS WHICH THE PUBLIC AUTHORITIES ARE OBLIGED TO PAY IN RESPECT OF CONTRIBUTIONS OWED TO THE SOCIAL SECURITY SCHEME BY PERSONS WORKING FOR THE STATE AND WHICH ARE INCLUDED IN THE CALCULATION OF THE GROSS SALARY PAYABLE TO CIVIL SERVANTS MUST BE REGARDED AS PAY WITHIN THE MEANING OF ARTICLE 119 OF THE TREATY SINCE THEY DIRECTLY DETERMINE THE CALCULATION OF OTHER ADVANTAGES LINKED TO THE SALARY .

2.A SOCIAL SECURITY SCHEME UNDER WHICH :

THE CONTRIBUTIONS ARE CALCULATED ON THE BASIS OF THE EMPLOYEE ' S SALARY BUT MAY NOT EXCEED A CERTAIN LIMIT ,

A HUSBAND AND WIFE ARE TREATED AS ONE PERSON , THE CONTRIBUTIONS BEING CALCULATED ON THE BASIS OF THEIR COMBINED SALARIES , SUBJECT ONCE AGAIN TO THE UPPER LIMIT ,

THE STATE IS BOUND TO PAY ON BEHALF OF ITS EMPLOYEE THE CONTRIBUTIONS OWED BY HIM , AND

WHERE HUSBAND AND WIFE ARE BOTH CIVIL SERVANTS , THE AUTHORITY EMPLOYING THE HUSBAND IS PRIMARILY RESPONSIBLE FOR PAYING THE CONTRIBUTIONS AND THE AUTHORITY EMPLOYING THE WIFE IS REQUIRED TO PAY THE CONTRIBUTIONS ONLY IN SO FAR AS THE UPPER LIMIT IS NOT REACHED BY THE CONTRIBUTIONS PAID ON BEHALF OF THE HUSBAND ,

IS INCOMPATIBLE WITH THE PRINCIPLE LAID DOWN IN ARTICLE 119 OF THE EEC TREATY THAT MEN AND WOMEN SHOULD RECEIVE EQUAL PAY FOR EQUAL WORK , IN SO FAR AS THE RESULTANT DIFFERENCES BETWEEN THE GROSS SALARY OF A FEMALE CIVIL SERVANT WHOSE HUSBAND IS ALSO A CIVIL SERVANT AND THE GROSS SALARY OF A MALE CIVIL SERVANT DIRECTLY AFFECT THE CALCULATION OF OTHER BENEFITS DEPENDENT ON SALARY , SUCH AS SEVERANCE PAY , UNEMPLOYMENT BENEFIT , FAMILY ALLOWANCES AND LOAN FACILITIES .
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TRANSPORT - ROAD TRANSPORT - COMMUNITY QUOTA FOR CARRIAGE OF GOODS BETWEEN MEMBER STATES - TRANSPORT AUTHORIZATIONS ISSUED AS PART OF THE QUOTA - COUPLED VEHICLES - REQUIREMENT OF TWO AUTHORIZATIONS - PROHIBITION

( COUNCIL REGULATION NO 3164/76 , ART . 2 ( 1 ) AND ( 3 ))

Summary

UNDER THE COMMUNITY QUOTA SYSTEM PROVIDED FOR BY REGULATION NO 3164/76 , A MEMBER STATE MAY NOT REQUIRE TWO TRANSPORT AUTHORIZATIONS WHEN A COUPLED COMBINATION OF VEHICLES , CONSISTING OF PARTS REGISTERED IN TWO DIFFERENT MEMBER STATES , EFFECTS INTERNATIONAL CARRIAGE BY ROAD .
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COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - SCIENTIFIC MATERIALS - ' ' COMPONENTS , SPARE PARTS OR ACCESSORIES ' ' OF A COMPLEX INSTALLATION FOR SCIENTIFIC RESEARCH - CLASSIFICATION AS SCIENTIFIC INSTRUMENTS OR APPARATUS - PERMISSIBILITY - GRANT OF DUTY-FREE ADMISSION - CONDITIONS

( REGULATION ( EEC ) NO 1798/75 OF THE COUNCIL , ART . 3 ( 1 ) AND ( 2 ))

Summary

1 . PARAGRAPHS 1 AND 2 OF ARTICLE 3 OF REGULATION NO 1798/75 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS , CONSIDERED IN CONJUNCTION WITH ONE ANOTHER , MUST BE INTERPRETED AS MEANING THAT THE FACT THAT MATERIALS CAN BE REGARDED AS COMPONENTS , SPARE PARTS OR ACCESSORIES OF AN INSTALLATION OR A COMPLEX UNIT OF EQUIPMENT FOR SCIENTIFIC RESEARCH DOES NOT PREVENT THEM FROM BEING CLASSIFIED AS SCIENTIFIC INSTRUMENTS OR APPARATUS , IF IT IS ESTABLISHED THAT THEY ARE CAPABLE OF PERFORMING AN INDEPENDENT SCIENTIFIC FUNCTION AND IF ALL THE REQUIREMENTS OF ARTICLE 3 ( 1 ) OF THE REGULATION ARE SATISFIED .

2 . THE PHRASE ' ' SCIENTIFIC INSTRUMENTS AND APPARATUS WHICH QUALIFY FOR DUTY-FREE ADMISSION ' ' IN ARTICLE 3 ( 2 ) OF REGULATION NO 1798/75 MUST BE INTERPRETED AS MEANING THAT COMPONENTS , SPARE PARTS AND ACCESSORIES MAY BE IMPORTED FREE OF DUTY PROVIDED THAT THEY ARE INTENDED FOR SCIENTIFIC INSTRUMENTS OR APPARATUS WHICH ARE , OR HAVE BEEN , ADMITTED FREE OF DUTY . DUTY-FREE ADMISSION MAY NOT , HOWEVER , BE GRANTED WHERE THE COMPONENTS ARE INTENDED TO BE INCORPORATED IN A SCIENTIFIC INSTALLATION CONSTRUCTED IN THE COMMUNITY .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION LEAVING DOUBT AS TO WHETHER EXPORTS ARE PERMITTED - PROHIBITED

( EEC TREATY , ART . 34 )

Summary

WHERE NATIONAL LEGISLATION LEAVES SOME DOUBT AS TO WHETHER OR NOT IT CONTAINS A PROHIBITION ON EXPORTS IT MUST BE REGARDED AS HAVING AN INHIBITORY EFFECT ON EXPORT TRADE AND MAY THEREFORE CONSTITUTE AN OBSTACLE TO TRADE BETWEEN MEMBER STATES WHICH IS PROHIBITED BY ARTICLE 34 OF THE EEC TREATY .
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1 . OFFICIALS - DISCIPLINARY MEASURES - OPINION OF THE DISCIPLINARY BOARD - ACTION FOR ANNULMENT - ADMISSIBILITY

( STAFF REGULATIONS , TITLE VI AND ANNEX IX )

2 . OFFICIALS - DISCIPLINARY MEASURES - PROCEDURE BEFORE THE DISCIPLINARY BOARD - AUDI ALTERAM PARTEM - NOTIFICATION OF COMPLAINTS IN SUFFICIENT TIME

( STAFF REGULATIONS , ANNEX IX , ARTS 2 , 7 , 8 AND 9 )

3 . OFFICIALS - DISCIPLINARY MEASURES - DISCIPLINARY PROCEEDINGS - DELIVERY OF THE OPINION OF THE DISCIPLINARY BOARD - DECISION OF THE APPOINTING AUTHORITY - TIME-LIMITS - DISREGARD - TIME-LIMITS NOT MANDATORY

( STAFF REGULATIONS , ANNEX IV , ART . 7 , FIRST AND THIRD PARAS )

4 . OFFICIALS - DISCIPLINARY MEASURES - PENALTY - APPOINTING AUTHORITY ' S DISCRETION - REVIEW BY THE COURT - SCOPE - LIMITS

Summary

1 . IT WOULD BE CONTRARY TO THE NATURE AND STRUCTURE OF THE DISCIPLINARY PROCEDURE AS SET OUT IN THE STAFF REGULATIONS TO DENY AN OFFICIAL ACCUSED OF MISCONDUCT THE OPPORTUNITY OF CHALLENGING SEPARATELY THE PROCEEDINGS BEFORE THE DISCIPLINARY BOARD AND OBTAINING THE ANNULMENT OF THE OPINION GIVEN BY IT .

2 . THE AUDI ALTERAM PARTEM PRINCIPLE APPLICABLE IN PROCEEDINGS SUCH AS THOSE BEFORE THE DISCIPLINARY BOARD REQUIRES THAT AN OFFICIAL ACCUSED OF MISCONDUCT SHOULD HAVE KNOWLEDGE OF ALL THE FACTS ON WHICH THE OPINION OF THE DISCIPLINARY BOARD HAS BEEN BASED IN SUFFICIENT TIME TO SUBMIT HIS OBSERVATIONS .

3 . THE TIME-LIMIT OF ONE MONTH FROM THE TRANSMISSION OF THE OPINION OF THE DISCIPLINARY BOARD WHICH THE STAFF REGULATIONS GIVE THE APPOINTING AUTHORITY FOR TAKING ITS FINAL DECISION CANNOT BE REGARDED AS A MANDATORY TIME-LIMIT , IN THE SENSE THAT ANY MEASURES ADOPTED AFTER ITS EXPIRY ARE VOID , BUT CONSTITUTES A RULE OF SOUND ADMINISTRATION , WITH THE RESULT THAT A FAILURE TO OBSERVE IT MAY RENDER THE INSTITUTION LIABLE FOR ANY DAMAGE CAUSED TO THOSE CONCERNED . THE SAME REMARKS APPLY TO THE THREE-MONTH PERIOD ALLOWED BY THE STAFF REGULATIONS FOR THE TRANSMISSION OF THE DISCIPLINARY BOARD ' S OPINION .

4 . ONCE THE TRUTH OF THE ALLEGATIONS MADE AGAINST THE OFFICIAL HAS BEEN ESTABLISHED , IT IS FOR THE APPOINTING AUTHORITY TO CHOOSE THE APPROPRIATE PENALTY . THE COURT CANNOT SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE APPOINTING AUTHORITY EXCEPT IN THE CASE OF A MANIFEST ERROR OR MISUSE OF POWERS .

IN ORDER TO ENABLE THE COURT TO CARRY OUT THAT LIMITED REVIEW , IT IS INDISPENSABLE THAT THE PREAMBLE TO THE DECISION SHOULD SPECIFY THE ACTS WHICH THE OFFICIAL IS FOUND TO HAVE COMMITTED AND THE CONSIDERATIONS WHICH HAVE LED THE APPOINTING AUTHORITY TO IMPOSE THE PARTICULAR PENALTY . IF THE PENALTY IMPOSED BY THE APPOINTING AUTHORITY IS SEVERER THAN THAT SUGGESTED BY THE DISCIPLINARY BOARD IN ITS OPINION , THE REASONS FOR THIS MUST BE CLEARLY STATED .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION REQUIRING AN INDICATION OF ORIGIN ON CERTAIN PRODUCTS - PROHIBITED - CONSUMER PROTECTION - NOT A PERMISSIBLE GROUND OF JUSTIFICATION

( EEC TREATY , ART . 30 )

Summary

NATIONAL LEGISLATION PROHIBITING THE RETAIL SALE OF CERTAIN PRODUCTS IMPORTED FROM OTHER MEMBER STATES UNLESS THEY BEAR OR ARE ACCOMPANIED BY AN INDICATION OF ORIGIN HAS THE EFFECT OF INCREASING THE PRODUCTION COSTS OF THE IMPORTED GOODS AND OF MAKING IT MORE DIFFICULT TO SELL THEM . EVEN IF IT IS APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS , IT IS IN PRACTICE AND BY ITS NATURE INTENDED TO ENABLE THE CONSUMER TO DISTINGUISH BETWEEN THOSE TWO CATEGORIES OF PRODUCTS , WHICH MAY PROMPT HIM TO GIVE HIS PREFERENCE TO NATIONAL PRODUCTS ; NO IMPERATIVE REASON RELATING TO CONSUMER PROTECTION JUSTIFIES SUCH LEGISLATION SO THAT IT MUST BE CONSIDERED A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY ARTICLE 30 OF THE TREATY .
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PRELIMINARY RULINGS - DETERMINATION OF VALIDITY - DECLARATION THAT A REGULATION IS VOID - EFFECTS - APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 174 OF THE EEC TREATY BY ANALOGY - LIMITATION OF TEMPORAL EFFECT - EXCLUSIVE JURISDICTION OF THE COURT

( EEC TREATY , ART . 173 , ART . 174 , SECOND PARAGRAPH , AND ARTICLE 177 )

Summary

ALTHOUGH A JUDGMENT OF THE COURT GIVEN UNDER ARTICLE 177 OF THE TREATY DECLARING AN ACT OF AN INSTITUTION , IN PARTICULAR A COUNCIL OR COMMISSION REGULATION , TO BE VOID IS DIRECTLY ADDRESSED ONLY TO THE NATIONAL COURT WHICH BROUGHT THE MATTER BEFORE THE COURT , IT IS SUFFICIENT REASON FOR ANY OTHER NATIONAL COURT TO REGARD THAT ACT AS VOID FOR THE PURPOSES OF A JUDGMENT WHICH IT HAS TO GIVE .

THE COURT ' S POWER TO IMPOSE TEMPORAL LIMITS ON THE EFFECTS OF A DECLARATION THAT A LEGISLATIVE ACT IS INVALID , IN THE CONTEXT OF PRELIMINARY RULINGS UNDER INDENT ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 , IS JUSTIFIED BY THE INTERPRETATION OF ARTICLE 174 OF THE TREATY HAVING REGARD TO THE NECESSARY CONSISTENCY BETWEEN THE PRELIMINARY RULING PROCEDURE AND THE ACTION FOR ANNULMENT , WHICH ARE TWO MECHANISMS PROVIDED BY THE TREATY FOR REVIEWING THE LEGALITY OF ACTS OF THE COMMUNITY INSTITUTIONS . THE POSSIBILITY OF IMPOSING TEMPORAL LIMITS ON THE EFFECTS OF THE INVALIDITY OF A COMMUNITY REGULATION , WHETHER UNDER ARTICLE 173 OR ARTICLE 177 , IS A POWER CONFERRED ON THE COURT BY THE TREATY IN THE INTEREST OF THE UNIFORM APPLICATION OF COMMUNITY LAW THROUGHOUT THE COMMUNITY .

WHERE IT IS JUSTIFIED BY OVERRIDING CONSIDERATIONS THE SECOND PARAGRAPH OF ARTICLE 174 GIVES THE COURT DISCRETION TO DECIDE , IN EACH PARTICULAR CASE , WHICH SPECIFIC EFFECTS OF A REGULATION WHICH HAS BEEN DECLARED VOID MUST BE MAINTAINED . IT IS THEREFORE FOR THE COURT , WHERE IT MAKES USE OF THE POSSIBILITY OF LIMITING THE EFFECT ON PAST EVENTS OF A DECLARATION IN PROCEEDINGS UNDER ARTICLE 177 THAT A MEASURE IS VOID , TO DECIDE WHETHER AN EXCEPTION TO THAT TEMPORAL LIMITATION OF THE EFFECT OF ITS JUDGMENT MAY BE MADE IN FAVOUR OF THE PARTY WHICH BROUGHT THE ACTION BEFORE THE NATIONAL COURT OR OF ANY OTHER TRADER WHO TOOK SIMILAR STEPS BEFORE THE DECLARATION OF INVALIDITY OR WHETHER , CONVERSELY , A DECLARATION OF INVALIDITY APPLICABLE ONLY TO THE FUTURE CONSTITUTES AN ADEQUATE REMEDY EVEN FOR TRADERS WHO TOOK ACTION AT THE APPROPRIATE TIME WITH A VIEW TO PROTECTING THEIR RIGHTS .
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1 . OFFICIALS - DISCIPLINARY RULES - DISCIPLINARY PROCEEDINGS - COMMUNICATION OF THE FILE TO THE PERSON CONCERNED BEFORE THE CASE IS REFERRED TO THE DISCIPLINARY BOARD - OBLIGATIONS OF THE APPOINTING AUTHORITY - LIMITS

( STAFF REGULATIONS OF OFFICIALS , TITLE VI )

2 . OFFICIALS - DISCIPLINARY RULES - DISCIPLINARY PROCEEDINGS - PREPARATORY INQUIRY - FURTHER INQUIRIES - DISCRETION OF THE APPOINTING AUTHORITY AND THE DISCIPLINARY BOARD

( STAFF REGULATIONS OF OFFICIALS , TITLE VI AND ANNEX IX , ART . 6 )

3 . OFFICIALS - DISCIPLINARY RULES - SANCTIONS - DOWNGRADING - DETERMINATION OF STEP - APPOINTING AUTHORITY ' S DISCRETION - ALTERATION IN OFFICIAL ' S STEP - SEPARATE DISCIPLINARY MEASURE - NO

( STAFF REGULATIONS OF OFFICIALS , ART . 86 )

Summary

1 . THE APPOINTING AUTHORITY IS NOT REQUIRED TO COMMUNICATE THE ENTIRE FILE TO AN OFFICIAL AGAINST WHOM DISCIPLINARY PROCEEDINGS HAVE BEEN INITIATED BEFORE THE CASE HAS BEEN REFERRED TO THE DISCIPLINARY BOARD UNLESS REQUESTED TO DO SO .

2 . BY VIRTUE OF THE PRINCIPLES GOVERNING DISCIPLINARY PROCEEDINGS AND , WITH REGARD TO THE DISCIPLINARY BOARD , BY VIRTUE OF THE PROVISIONS OF ARTICLE 6 OF ANNEX IX OF THE STAFF REGULATIONS OF OFFICIALS , THE APPOINTING AUTHORITY AND THE DISCIPLINARY BOARD HAVE A DISCRETION AS TO WHETHER CERTAIN FURTHER INQUIRIES NEED BE MADE ( COMMUNICATION OF DOCUMENTS , CALLING OF WITNESSES ) OR WHETHER THE FACTS ARE ALREADY SUFFICIENTLY ESTABLISHED ON THE BASIS OF THE DOCUMENTS IN THEIR POSSESSION . FOR HIS PART , THE OFFICIAL IS ENTITLED TO CALL WITNESSES BEFORE THE DISCIPLINARY BOARD .

3 . SINCE THERE ARE NO PROVISIONS IN THE STAFF REGULATIONS LAYING DOWN SPECIAL RULES FOR DETERMINING AN OFFICIAL ' S NEW STEP WHEN HE HAS BEEN DOWNGRADED FOR DISCIPLINARY REASONS , THAT DETERMINATION IS AT THE DISCRETION OF THE APPOINTING AUTHORITY AND A REDUCTION IN THE STEP HELD BY THE OFFICIAL CONCERNED IN THE GRADE WHICH HE OCCUPIED BEFORE THE DISCIPLINARY MEASURE WAS IMPOSED IS NOT TO BE REGARDED AS A SEPARATE DISCIPLINARY MEASURE .
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OFFICIALS - ACTIONS - PURPOSE - ANNULMENT AND/OR DAMAGES

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

ANY DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS EMPLOYED IS PURSUED , WHERE IT ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION , UNDER ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS . IT FOLLOWS THAT BOTH A CLAIM FOR ANNULMENT AND A CLAIM FOR DAMAGES MAY BE SUBMITTED , PROVIDED THAT THE CONDITIONS LAID DOWN BY THE STAFF REGULATIONS , IN PARTICULAR THE CONDITION THAT A FORMAL COMPLAINT MUST BE LODGED BEFOREHAND , ARE SATISFIED IN ALL CASES .
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FISHING - CONSERVATION OF THE RESOURCES OF THE SEA - TECHNICAL CONSERVATION MEASURES - TONNAGE OF FISHING VESSELS - METHOD OF CALCULATION - DETERMINED BY THE MEMBER STATES

( COUNCIL REGULATION NO 171/83 , ART . 14 ( 3 ))

Summary

IN THE PRESENT STATE OF COMMUNITY LAW , THE METHOD OF CALCULATING THE 70 GRT LAID DOWN AS A MAXIMUM TONNAGE IN ARTICLE 14 ( 3 ) OF COUNCIL REGULATION NO 171/83 , LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES , MUST BE DETERMINED BY THE MEMBER STATES .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF A WORK OF ART - ' ORIGINAL SCULPTURES AND STATUARY , IN ANY MATERIAL ' WITHIN THE MEANING OF TARIFF HEADING NO 99.03

Summary

THE EXPRESSION ' ORIGINAL SCULPTURES AND STATUARY , IN ANY MATERIAL ' IN HEADING NO 99.03 OF THE COMMON CUSTOMS TARIFF MUST BE UNDERSTOOD TO REFER TO ALL THREE-DIMENSIONAL ARTISTIC PRODUCTIONS , IRRESPECTIVE OF THE TECHNIQUES AND MATERIALS USED . IN CONSEQUENCE A WORK OF ART CONSISTING OF A WALL RELIEF MADE OF CARDBOARD AND EXPANDED POLYSTYRENE , SPRAYED WITH BLACK PAINT AND OIL AND ATTACHED TO A WOODEN PANEL BY MEANS OF WIRE AND SYNTHETIC RESIN , MUST BE REGARDED AS A WORK OF SCULPTURE OR STATUARY WITHIN THE MEANING OF THAT TARIFF HEADING .
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TRANSPORT - CARRIAGE BY ROAD - COMBINED ROAD/RAIL CARRIAGE - TRANSIT THROUGH A NON-MEMBER COUNTRY - UNLOADING OF THE ROAD VEHICLE IN A STATION IN THE NON-MEMBER COUNTRY - APPLICATION OF DIRECTIVE 75/130/EEC - CONDITIONS

( COUNCIL DIRECTIVE 75/130/EEC )

Summary

DIRECTIVE 75/130/EEC ON THE ESTABLISHMENT OF COMMON RULES FOR CERTAIN TYPES OF COMBINED ROAD/RAIL CARRIAGE OF GOODS BETWEEN MEMBER STATES MUST BE INTERPRETED AS APPLYING ALSO TO COMBINED RAIL/ROAD CARRIAGE BETWEEN TWO MEMBER STATES THROUGH A NON-MEMBER COUNTRY , EVEN IF THE ROAD VEHICLE IS UNLOADED IN A STATION IN THE NON-MEMBER COUNTRY , PROVIDED THAT THAT STATION IS THE NEAREST SUITABLE STATION TO THE POINT OF UNLOADING OF THE GOODS AND PROOF OF THE UNLOADING IS GIVEN BY A STAMP AFFIXED ON THE TRANSPORT DOCUMENT BY THE RAIL AUTHORITIES IN THE SAID STATION .
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OFFICIALS - DISCIPLINARY PROCEDURE - PROCEEDINGS BEFORE THE DISCIPLINARY BOARD - AUDI ALTERAM PARTEM RULE - EXAMINATION OF WITNESSES IN THE PRESENCE OF THE OFFICIAL CHARGED

( STAFF REGULATIONS OF OFFICIALS , ANNEX IX , ART . 6 )

Summary

THE FUNDAMENTAL PRINCIPLES OF THE LAW OF PROCEDURE WHICH MUST BE OBSERVED BY THE DISCIPLINARY BOARD , ALTHOUGH IT IS MERELY AN ADVISORY BODY , INCLUDE THE AUDI ALTERAM PARTEM RULE REFERRED TO IN ARTICLE 6 OF ANNEX IX TO THE STAFF REGULATIONS WHICH PROVIDES THAT THE DISCIPLINARY BOARD MAY ORDER AN ' INQUIRY IN WHICH EACH SIDE CAN SUBMIT ITS CASE AND REPLY TO THE CASE OF THE OTHER SIDE ' . THAT PHRASE MUST BE INTERPRETED , IN THE LIGHT OF THE RULE IN MOST OF THE LEGAL SYSTEMS OF THE MEMBER STATES , AS MEANING THAT , IF THE DISCIPLINARY BOARD DECIDES TO HEAR WITNESSES , THE OFFICIAL CHARGED OR HIS REPRESENTATIVE MUST BE GIVEN AN OPPORTUNITY TO BE PRESENT AT THE HEARING AND TO PUT QUESTIONS TO THOSE WITNESSES . THE FACT THAT THE OFFICIAL IS GIVEN AN OPPORTUNITY TO ACQUAINT HIMSELF WITH A TRANSCRIPT OF THE HEARING AND TO SUBMIT HIS VIEWS THEREON IS NOT SUFFICIENT TO ENSURE THAT THE AUDI ALTERAM PARTEM RULE IS OBSERVED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - TO TAKE PRECEDENCE OVER THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES - CONDITIONS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 7 ( 1 ) ( B ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE - MEMBERS OF THE FAMILY OF A WORKER - RELATIVES IN THE ASCENDING LINE - SPECIAL OLD-AGE ALLOWANCE - REGULATION NO 1408/71 - NOT APPLICABLE

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

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - SOCIAL ADVANTAGE - DEFINITION - SPECIAL OLD-AGE ALLOWANCE GUARANTEEING A MINIMUM INCOME - GRANT TO NATIONALS OF OTHER MEMBER STATES - REQUIREMENT OF A PERIOD OF RESIDENCE - NOT PERMISSIBLE

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . WITHIN ITS FIELD OF APPLICATION REGULATION NO 1408/71 TAKES PRECEDENCE OVER THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES IN RESPECT OF OLD AGE , INVALIDITY AND SURVIVORS , TO THE EXTENT TO WHICH THAT REGULATION IS MORE FAVOURABLE THAN THE SAID AGREEMENT FOR THOSE ENTITLED .

2 . THE MEMBERS OF THE FAMILY OF A WORKER OR HIS SURVIVORS CAN ONLY CLAIM DERIVED RIGHTS UNDER REGULATION NO 1408/71 , THAT IS TO SAY RIGHTS ACQUIRED THROUGH THEIR STATUS AS A MEMBER OF THE WORKER ' S FAMILY OR AS HIS SURVIVOR . A RELATIVE IN THE ASCENDING LINE OF A MIGRANT WORKER CANNOT THEREFORE CLAIM THE BENEFIT OF A SPECIAL OLD-AGE ALLOWANCE PAID TO OLD PERSONS WHETHER OR NOT THEY ARE RELATED TO A WORKER .

3 . THE TERM ' SOCIAL ADVANTAGE ' WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 INCLUDES ALL ADVANTAGES WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .

THE GRANT OF A SPECIAL OLD-AGE ALLOWANCE WHICH GUARANTEES A MINIMUM INCOME TO OLD PERSONS CONSTITUTES A SOCIAL ADVANTAGE WITHIN THE MEANING OF REGULATION NO 1612/68 . ARTICLE 7 ( 2 ) OF THAT REGULATION MUST BE INTERPRETED TO THE EFFECT THAT THE GRANT OF SUCH A SOCIAL ADVANTAGE MAY NOT BE MADE SUBJECT TO A CONDITION REQUIRING ACTUAL RESIDENCE IN THE TERRITORY OF A MEMBER STATE FOR A SPECIFIED NUMBER OF YEARS IF SUCH A CONDITION IS NOT LAID DOWN IN RESPECT OF NATIONALS OF THAT MEMBER STATE .
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1 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO . 77/187 - SCOPE - TRANSFER OF AN UNDERTAKING IN LIQUIDATION - NOT COVERED - TRANSFER OF AN UNDERTAKING AFTER SUSPENSION OF PAYMENTS - COVERED

( COUNCIL DIRECTIVE NO . 77/187 , ART . 1 ( 1 ))

2 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO . 77/187 - SCOPE - EMPLOYEES WHO BY THEIR OWN DECISION DO NOT WORK AS EMPLOYEES OF THE TRANSFEREE - NOT COVERED

( COUNCIL DIRECTIVE NO . 77/187 , ART . 3 ( 1 ))

3 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO . 77/187 - EMPLOYEE - CONCEPT - DEFINITION BY REFERENCE TO NATIONAL LAW

Summary

1 . ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE NO 77/187 DOES NOT APPLY TO THE TRANSFER OF AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS WHERE THE TRANSFEROR HAS BEEN ADJUDGED INSOLVENT AND THE UNDERTAKING OR BUSINESS IN QUESTION FORMS PART OF THE ASSETS OF THE INSOLVENT TRANSFEROR , ALTHOUGH THE MEMBER STATES ARE AT LIBERTY TO APPLY THE PRINCIPLES OF THE DIRECTIVE TO SUCH A TRANSFER ON THEIR OWN INITIATIVE . HOWEVER , THE MERE FACT THAT THE TRANSFER HAS OCCURRED AFTER THE TRANSFEROR HAS SUSPENDED PAYMENT OF ITS DEBTS IS NOT SUFFICIENT TO EXCLUDE THE TRANSFER FROM THE SCOPE OF THE DIRECTIVE .

2 . ARTICLE 3 ( 1 ) OF COUNCIL DIRECTIVE NO 77/187 MUST BE CONSTRUED AS NOT COVERING THE TRANSFER OF THE RIGHTS AND OBLIGATIONS OF PERSONS WHO WERE EMPLOYED BY THE TRANSFEROR AT THE DATE OF THE TRANSFER , BUT WHO , BY THEIR OWN DECISION , DO NOT CONTINUE TO WORK AS EMPLOYEES OF THE TRANSFEREE .

3 . THE EXPRESSION ' EMPLOYEE ' WITHIN THE MEANING OF DIRECTIVE NO . 77/187 MUST BE INTERPRETED AS COVERING ANY PERSON WHO , IN THE MEMBER STATE CONCERNED , IS PROTECTED AS AN EMPLOYEE UNDER NATIONAL EMPLOYMENT LAW . IT IS FOR THE NATIONAL COURT TO ESTABLISH WHETHER THAT IS THE CASE .
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OFFICIALS - EQUALITY OF TREATMENT - LIMITS - ADVANTAGE UNLAWFULLY GRANTED

Summary

THE PRINCIPLE THAT OFFICIALS MUST BE TREATED EQUALLY MUST BE RECONCILED WITH THE PRINCIPLE OF LEGALITY , ACCORDING TO WHICH NO PERSON MAY RELY , IN SUPPORT OF HIS CLAIM , ON AN UNLAWFUL ACT COMMITTED IN FAVOUR OF ANOTHER .
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OFFICIALS - ACTIONS - PRIOR SUBMISSION OF AN OFFICIAL COMPLAINT - TIME-LIMITS - EXPIRY - NEW EVENT - REOPENING OF PRESCRIBED PERIOD - APPLICATION - REQUEST FOR REGRADING

( STAFF REGULATIONS , ARTS 90 AND 91 )

Summary

ALTHOUGH ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS PROVIDES THAT ANY OFFICIAL MAY REQUEST THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM , THAT RIGHT DOES NOT ALLOW THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 FOR THE LODGING OF A COMPLAINT AND AN APPEAL TO BE SET ASIDE BY INDIRECTLY CALLING IN QUESTION BY MEANS OF A REQUEST A PREVIOUS DECISION WHICH HAS NOT BEEN CHALLENGED WITHIN THE PERIOD PRESCRIBED . ONLY THE EXISTENCE OF NEW SUBSTANTIAL FACTS MAY JUSTIFY THE SUBMISSION OF A REQUEST FOR A REVIEW OF SUCH A DECISION .

THIS MAY BE THE CASE WITH REGARD TO GRADING , BUT IT IS THEN FOR THE OFFICIAL WHOSE REQUEST FOR REGRADING IS REJECTED TO CHALLENGE THAT REJECTION BY LODGING A COMPLAINT , FOLLOWED BY AN ACTION IF NECESSARY , WITHIN THE PERIOD PRESCRIBED BY ARTICLES 90 AND 91 , ON THE UNDERSTANDING THAT A NEW REQUEST CANNOT REOPEN OR EXTEND THAT PERIOD .
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INTERNATIONAL AGREEMENTS - AGREEMENT BETWEEN THE EEC AND THE SWISS CONFEDERATION - JOINT COMMITTEE - REFERRAL - CONDITIONS - COMMISSION ' S DISCRETION - REVIEW BY THE COURT - LIMITS

( EEC - SWITZERLAND AGREEMENT OF 22 JULY 1972 , ARTS . 23 ( 1 ) AND 27 )

Summary

THE DECISION WHETHER OR NOT TO REFER TO THE JOINT COMMITTEE SET UP UNDER THE FREE TRADE AGREEMENT BETWEEN THE EEC AND THE SWISS CONFEDERATION IN CONNECTION WITH ARTICLES 23 ( 1 ) AND 27 OF THE AGREEMENT , WHICH ARE INTENDED TO PROVIDE FAIR CONDITIONS OF COMPETITION FOR TRADE BETWEEN THE CONTRACTING PARTIES AND CONCERN THE MEANS OF PUTTING AN END TO THE ABUSE OF A DOMINANT POSITION BY ONE OR MORE UNDERTAKINGS WHERE SUCH ABUSE IS LIKELY TO AFFECT THAT TRADE , MAY NOT BE TAKEN EXCEPT FOR PURPOSES WHICH HAVE TO DO EXCLUSIVELY WITH GENERAL INTERESTS OF THE COMMUNITY , FOLLOWING AN ASSESSMENT WHICH IS ESSENTIALLY POLITICAL AND WHICH CANNOT BE CHALLENGED BEFORE THE COURT BY AN INDIVIDUAL .