ddrg/super_eurlex huggingface dataset:
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - VARIABLE REFUND - CONDITIONS OF GRANT - IMPORTATION OF THE PRODUCT INTO THE COUNTRY OF DESTINATION - PROOF - DOCUMENTS SUBMITTED IN LIEU OF THE CUSTOMS DOCUMENT - REBUTTABLE EVIDENCE

( REGULATION NO 876/68 OF THE COUNCIL , ART . 6 ( 2 ); REGULATION NO 192/75 OF THE COMMISSION , ARTS 6 ( 1 ) AND 11 ( 1 ))

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - VARIABLE REFUND - CONDITIONS OF GRANT - IMPORTATION OF THE PRODUCT INTO THE COUNTRY OF DESTINATION - MEANING OF THE TERM ' ' IMPORTATION ' ' - PRODUCTS DESTROYED OR RE-EXPORTED AFTER BEING UNLOADED

( REGULATION NO 876/68 OF THE COUNCIL , ART . 6 ( 2 ); REGULATION NO 192/75 OF THE COMMISSION , ART . 6 ( 1 ))

Summary

1 . THE PROOF REQUIRED BY ARTICLE 6 ( 2 ) OF REGULATION NO 876/68 , IN CONJUNCTION WITH ARTICLE 6 ( 1 ) OF REGULATION NO 192/75 , THAT THE PRODUCT HAS BEEN IMPORTED INTO THE TERRITORY OF DESTINATION IS NOT FURNISHED IRREBUTTABLY WHERE THE DOCUMENTS LISTED IN THE THIRD SUB- PARAGRAPH OF ARTICLE 11 ( 1 ) OF REGULATION NO 192/75 , SUCH AS A LANDING CERTIFICATE OR A BANK DOCUMENT , ARE PRODUCED IN PLACE OF THE CUSTOMS DOCUMENT AUTHORIZING ENTRY INTO FREE CIRCULATION .

2.A PRODUCT WHICH HAS HAD TO BE DESTROYED OR RE-EXPORTED AFTER BEING UNLOADED IN THE TERRITORY OF DESTINATION CANNOT BE IMPORTED WITHIN THE MEANING OF ARTICLE 6 ( 2 ) OF REGULATION NO 876/68 , IN CONJUNCTION WITH ARTICLE 6 ( 1 ) OF REGULATION NO 192/75 , WHERE ITS DESTRUCTION OR ITS RE-EXPORTATION WAS A RESULT OF DECISIONS TAKEN BY THE COMPETENT AUTHORITIES OF THE STATE OF DESTINATION ON COMPLETION OF THE FORMALITIES PRESCRIBED BY THAT STATE AS A PRE-CONDITION FOR THE ENTRY INTO FREE CIRCULATION OR MARKETING OF THE PRODUCT WITHIN ITS TERRITORY AND WHERE THE DETERIORATION OF THE PRODUCT WHICH WAS THE CAUSE OF ITS DESTRUCTION OR RE-EXPORTATION OCCURRED BEFORE COMPLETION OF THOSE FORMALITIES .
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1 . OFFICIALS - SOCIAL SECURITY - MEDICAL EXPENSES - ORDINARY AND SPECIAL REIMBURSEMENT - BASIS OF EACH

( STAFF REGULATIONS , ART . 72 ( 1 ) AND ( 3 ))

2 . OFFICIALS - SOCIAL SECURITY - MEDICAL EXPENSES - SPECIAL REIMBURSEMENT - CALCULATION - PROCEDURE

( STAFF REGULATIONS , ARTS 64 AND 72 ( 3 ))

Summary

1 . THE ORDINARY REIMBURSEMENTS OF MEDICAL EXPENSES PROVIDED FOR IN ARTICLE 72 ( 1 ) OF THE STAFF REGULATIONS ARE BASED ON OBJECTIVE CIRCUMSTANCES AND IN PARTICULAR ON THE APPLICATION OF UPPER LIMITS AND RATES OF REIMBURSEMENT FIXED BY THE STAFF REGULATIONS AND IDENTICAL FOR ALL COMMUNITY OFFICIALS WHILST SPECIAL REIMBURSEMENT , AS PROVIDED FOR IN ARTICLE 72 ( 3 ), IS BASED ON CIRCUMSTANCES WHICH ARE PECULIAR TO THE OFFICIAL ' S OWN SITUATION AND WHICH ARE RELATED TO THE FACT , ACCORDING TO THE CIRCUMSTANCES PROVIDED FOR IN ARTICLE 8 OF THE RULES ON SICKNESS INSURANCE , THAT THE PORTION OF EXPENSES NOT REIMBURSED PLACES A ' ' HEAVY FINANCIAL BURDEN ON HIM ' ' .

2.TO ASSESS CORRECTLY THE EXTENT OF THE FINANCIAL BURDEN PLACED ON AN OFFICIAL WHO IS SEEKING A SPECIAL REIMBURSEMENT OF MEDICAL EXPENSES , THE LIVING CONDITIONS OF THE PLACE OF HIS EMPLOYMENT MUST BE TAKEN INTO ACCOUNT AND CONSEQUENTLY THE SPECIAL REIMBURSEMENT PROVIDED FOR IN ARTICLE 72 ( 3 ) OF THE STAFF REGULATIONS MUST BE CALCULATED , NOT SOLELY IN ACCORDANCE WITH THE SALARY REFERRED TO IN ARTICLE 66 , BUT ON THE BASIS OF THE REAL SALARY ADJUSTED BY THE WEIGHTING PROVIDED FOR IN ARTICLE 64 WHOSE PURPOSE IS PRECISELY TO TAKE ACCOUNT OF THE LIVING CONDITIONS IN THE PLACE OF EMPLOYMENT .
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MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - IMPERMISSIBILITY

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY LAW .
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OFFICIALS - APPEALS - PRIOR ADMINISTRATIVE COMPLAINT - TIME-LIMITS - MATTER OF PUBLIC POLICY - RIGHT OF ACTION DEFINITIVELY TIME-BARRED

( STAFF REGULATIONS , ARTS 90 AND 91 )

Summary

THE TIME-LIMITS PRESCRIBED IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS FOR THE LODGING OF COMPLAINTS AND APPEALS ARE A MATTER OF PUBLIC POLICY AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR THE COURT , SINCE THEY WERE LAID DOWN WITH A VIEW TO ENSURING CLARITY AND LEGAL CERTAINTY .

THE FACT THAT AN INSTITUTION , FOR REASONS RELATED TO ITS STAFF POLICY , DEALS WITH THE SUBSTANCE OF A REQUEST SUBMITTED OUT OF TIME AND THEREFORE INADMISSIBLE CANNOT HAVE THE EFFECT OF DEROGATING FROM THE SYSTEM OF MANDATORY TIME-LIMITS AND RE-ESTABLISHING A RIGHT OF ACTION WHICH IS DEFINITIVELY TIME-BARRED .
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1 . ACTION FOR DAMAGES - IMMINENT AND FORESEEABLE DAMAGE - DECLARATION OF THE COMMUNITY ' S LIABILITY - APPLICATION TO THE COURT - PERMISSIBILITY

( EEC TREATY , ART . 215 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - STOCKS OF SKIMMED-MILK POWDER - MEASURES FOR REDUCING STOCKS - PARTIAL INEFFECTIVENESS - EFFECT ON THE LAWFULNESS OF THE MEASURES - NONE

( EEC TREATY , ART . 39 ( 1 ); COMMISSION REGULATIONS NOS 1753/82 AND 2923/82 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS AND CONSUMERS - GRANT OF SUBSIDIES FOR SKIMMED-MILK POWDER AND NOT FOR WHEY - DIFFERENCE IN TREATMENT OBJECTIVELY JUSTIFIED - ABSENCE OF DISCRIMINATION

( EEC TREATY , ART . 40 ( 3 ), SECOND SUBPARAGRAPH )

4 . NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE - UNLAWFUL OR LAWFUL ACTION - LIABILITY OF THE COMMUNITY - CONDITIONS - ABNORMAL DAMAGE

( EEC TREATY , ART . 215 , SECOND PARAGRAPH )

Summary

1 . ARTICLE 215 OF THE TREATY DOES NOT PREVENT AN APPLICATION FROM BEING MADE TO THE COURT FOR A DECLARATION THAT THE COMMUNITY IS LIABLE FOR IMMINENT DAMAGE WHICH IS FORESEEABLE WITH SUFFICIENT CERTAINTY , EVEN IF THE DAMAGE CANNOT YET BE PRECISELY ASSESSED .

2 . EVEN IF THE AIM OF RECONCILING THE NEED TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY WITH THAT OF STABILIZING MARKETS , WHICH THE COMMISSION SOUGHT TO ACHIEVE WHEN IT LAID DOWN THE RULES FOR IMPLEMENTING MEASURES FOR REDUCING STOCKS OF SKIMMED-MILK POWDER , IS ONLY PARTIALLY ATTAINED , IT IS NOT POSSIBLE TO CONCLUDE THAT THE LEGISLATION ENACTED BY THE COMMISSION WAS UNLAWFUL VIS-A-VIS ARTICLE 39 OF THE TREATY SINCE THE LEGALITY OF A MEASURE CAN BE ADVERSELY AFFECTED ONLY IF THE MEASURE IS MANIFESTLY UNSUITABLE FOR ACHIEVING THE AIM PURSUED .

3 . AS A SPECIFIC EXPRESSION OF THE GENERAL PRINCIPLE OF EQUALITY , THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY DOES NOT PREVENT COMPARABLE SITUATIONS FROM BEING TREATED DIFFERENTLY IF SUCH DIFFERENCE IN TREATMENT IS OBJECTIVELY JUSTIFIED . CONSEQUENTLY , THE FACT THAT SUBSIDIES ARE GRANTED IN RESPECT OF SKIMMED-MILK POWDER , WHICH PLAYS A PART IN SUPPORTING THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , WHILST THEY ARE NOT PROVIDED FOR IN RESPECT OF WHEY , WHICH IS ONLY A WASTE PRODUCT OF CHEESE-MAKING WHICH MUST BE ELIMINATED , MAY NOT BE REGARDED AS DISCRIMINATION .

4 . AN ACTION FOR DAMAGES BROUGHT UNDER ARTICLE 215 OF THE TREATY FOR UNLAWFUL LEGISLATIVE ACTION CANNOT SUCCEED UNLESS THE DAMAGE ALLEGED BY THE APPLICANT EXCEEDS THE LIMITS OF THE ECONOMIC RISKS INHERENT IN OPERATING IN THE SECTOR CONCERNED . THAT PRINCIPLE WOULD HAVE TO BE APPLIED A FORTIORI IF THE CONCEPT OF LIABILITY WITHOUT FAULT WERE ACCEPTED IN COMMUNITY LAW .
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1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - PRINCIPLE OF NON-DISCRIMINATION - SYSTEM OF COMPULSORY ACQUISITION BY PUBLIC BODIES

( EEC TREATY , ARTS 52 AND 222 )

2.FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - RESTRICTIONS - LEGISLATION GOVERNING THE OWNERSHIP OF LAND - LAND-OWNING COMPANY - RESIDENCE REQUIREMENT IMPOSED ON MEMBERS OF COMPANIES WHO ARE NATIONALS OF OTHER MEMBER STATES - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 52 )

Summary

1 . ALTHOUGH ARTICLE 222 OF THE TREATY DOES NOT CALL IN QUESTION THE MEMBER STATES ' RIGHT TO ESTABLISH A SYSTEM OF COMPULSORY ACQUISITION BY PUBLIC BODIES , SUCH A SYSTEM REMAINS SUBJECT TO THE FUNDAMENTAL RULE OF NONDISCRIMINATION WHICH UNDERLIES THE CHAPTER OF THE TREATY RELATING TO THE RIGHT OF ESTABLISHMENT .

2.ARTICLE 52 OF THE TREATY DOES NOT PREVENT A MEMBER STATE FROM MAKING EXEMPTION FROM COMPULSORY ACQUISITION MEASURES ADOPTED UNDER LEGISLATION GOVERNING THE OWNERSHIP OF RURAL LAND SUBJECT TO A REQUIREMENT THAT NATIONALS OF OTHER MEMBER STATES WHO HAVE TAKEN PART IN THE FORMATION OF A LAND-OWNING COMPANY RESIDE ON OR NEAR THE LAND , IF THAT RESIDENCE REQUIREMENT ALSO APPLIES TO NATIONALS OF THAT MEMBER STATE AND IF THE POWERS OF COMPULSORY ACQUISITION ARE NOT EXERCISED IN A DISCRIMINATORY MANNER .
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1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - AGREEMENTS BETWEEN UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS - AGREEMENT BETWEEN TWO GROUPS OF TRADERS MEETING WITHIN A PUBLIC ORGANIZATION

( EEC TREATY , ART . 85 )

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION - CRITERIA - AGREEMENT FIXING A MINIMUM PRICE MADE BINDING BY THE PUBLIC AUTHORITIES - AGREEMENT HAVING AS ITS OBJECT THE DISTORTION OF COMPETITION

( EEC TREATY , ART . 85 ( 1 ))

3 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - WHETHER TRADE BETWEEN MEMBER STATES IS AFFECTED - AGREEMENT FIXING A MINIMUM PURCHASE PRICE FOR AN INTERMEDIATE PRODUCT

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . ARTICLE 85 OF THE TREATY APPLIES TO AGREEMENTS BETWEEN UNDERTAKINGS AND DECISIONS BY ASSOCIATIONS OF UNDERTAKINGS . THE LEGAL FRAMEWORK WITHIN WHICH SUCH AGREEMENTS ARE MADE AND SUCH DECISIONS ARE TAKEN AND THE CLASSIFICATION GIVEN TO THAT FRAMEWORK BY THE VARIOUS NATIONAL LEGAL SYSTEMS ARE IRRELEVANT AS FAR AS THE APPLICABILITY OF THE COMMUNITY RULES ON COMPETITION ARE CONCERNED . AN INTER-TRADE AGREEMENT MADE BY TWO GROUPS OF TRADERS MUST THEREFORE BE REGARDED AS AN AGREEMENT BETWEEN UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS WITHIN THE MEANING OF ARTICLE 85 EVEN IF THEY MEET WITHIN AN ORGANIZATION WHICH THE NATIONAL COURTS HAVE HELD TO BE GOVERNED BY PUBLIC LAW .

2 . FOR THE PURPOSES OF ARTICLE 85 ( 1 ) OF THE TREATY IT IS UNNECESSARY TO TAKE ACCOUNT OF THE ACTUAL EFFECTS OF AN AGREEMENT WHERE ITS OBJECT IS TO RESTRICT , PREVENT OR DISTORT COMPETITION . BY ITS VERY NATURE , AN AGREEMENT FIXING A MINIMUM PRICE FOR A PRODUCT WHICH IS SUBMITTED TO THE PUBLIC AUTHORITIES FOR THE PURPOSE OF OBTAINING APPROVAL FOR THAT MINIMUM PRICE , SO THAT IT BECOMES BINDING ON ALL TRADERS ON THE MARKET IN QUESTION , IS INTENDED TO DISTORT COMPETITION ON THAT MARKET .

3 . THE FIXING OF A MINIMUM PRICE FOR AN INTERMEDIATE PRODUCT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES WHERE THAT PRODUCT CONSTITUTES THE RAW MATERIAL FOR ANOTHER PRODUCT MARKETED ELSEWHERE IN THE COMMUNITY , IRRESPECTIVE OF WHETHER THE FINISHED PRODUCT IS PROTECTED BY A REGISTERED DESIGNATION OF ORIGIN .
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OFFICIALS - ACTIONS BROUGHT BY - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - CONDITION OF THE ADMISSIBILITY OF THE ACTION - EXCEPTION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 ( 2 ), 91 ( 2 ))

Summary

THE PURPOSE OF THE PROVISIONS OF THE STAFF REGULATIONS STATING THAT AN APPEAL TO THE COURT SHALL LIE ONLY IF THE APPOINTING AUTHORITY HAS PREVIOUSLY HAD A COMPLAINT SUBMITTED TO IT IS TO PERMIT AND ENCOURAGE AN AMICABLE SETTLEMENT OF DISPUTES WHICH ARISE BETWEEN OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES AND THE ADMINISTRATION . AN ACTION NOT PRECEDED BY A COMPLAINT IS ONLY ADMISSIBLE WHERE IT IS DIRECTED AGAINST A MEASURE , SUCH AS THE DECISION OF A SELECTION BOARD , WHICH THE APPOINTING AUTHORITY IS NOT EMPOWERED TO ANNUL OR AMEND .
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MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - DIRECT APPLICABILITY - NATIONAL IMPLEMENTING RULES - REGIONAL LEGISLATION REPEATING COMMUNITY REGULATIONS IN PART - WHETHER PERMISSIBLE

( COUNCIL REGULATION NO 1360/78 )

Summary

COMMUNITY REGULATIONS ARE , AS SUCH , DIRECTLY APPLICABLE IN ALL MEMBER STATES AND ENTER INTO FORCE SOLELY BY VIRTUE OF THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE COMMUNITIES . CONSEQUENTLY , A MEMBER STATE IS NOT AT LIBERTY TO CREATE A SITUATION IN WHICH THE DIRECT EFFECT OF COMMUNITY REGULATIONS IS COMPROMISED .

HOWEVER , WHERE THE APPLICATION IN A MEMBER STATE OF COMMUNITY RULES SUCH AS THOSE ON AGRICULTURAL PRODUCER GROUPS DEPENDS ON THE COMBINATION OF A NUMBER OF PROVISIONS ADOPTED AT COMMUNITY , NATIONAL AND REGIONAL LEVEL , THE FACT THAT REGIONAL LAWS INCORPORATE , FOR THE SAKE OF COHERENCE AND IN ORDER TO MAKE THEM COMPREHENSIBLE TO THE PERSONS TO WHOM THEY APPLY , SOME ELEMENTS OF THE COMMUNITY REGULATIONS , CANNOT BE REGARDED AS A BREACH OF COMMUNITY LAW .
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1 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY - NO REQUIREMENT THAT THE FAMILY MUST LIVE UNDER THE SAME ROOF PERMANENTLY - INDEPENDENT RIGHT OF RESIDENCE UNDER ARTICLE 11 OF REGULATION NO 1612/68 - NONE

( COUNCIL REGULATION ( EEC ) NO 1612/68 , ARTS 10 AND 11 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY - SPOUSE - HUSBAND AND WIFE LIVING SEPARATELY

( COUNCIL REGULATION ( EEC ) NO 1612/68 , ART . 10 )

Summary

1 . THE RIGHT OF RESIDENCE PROVIDED FOR IN ARTICLE 10 OF REGULATION NO 1612/68 FOR THE MEMBERS OF A MIGRANT WORKER ' S FAMILY IS SUBJECT TO THE REQUIREMENT LAID DOWN IN ARTICLE 10 ( 3 ) THAT THE ACCOMMODATION WHICH THE WORKER HAS AVAILABLE MUST BE SUCH AS MAY BE CONSIDERED NORMAL FOR THE PURPOSE OF ACCOMMODATING HIS FAMILY . HOWEVER , IT IS NOT CONDITIONAL ON ANY REQUIREMENT THAT THE FAMILY MUST LIVE UNDER THE SAME ROOF PERMANENTLY .

ARTICLE 11 OF REGULATION NO 1612/68 CONFERS ON THE MEMBERS OF A MIGRANT WORKER ' S FAMILY ONLY A RIGHT TO EXERCISE ANY ACTIVITY AS EMPLOYED PERSONS THROUGHOUT THE TERRITORY OF THE HOST STATE . IT CANNOT THEREFORE CONSTITUTE THE LEGAL BASIS FOR A RIGHT OF RESIDENCE WITHOUT REFERENCE TO THE CONDITIONS LAID DOWN IN ARTICLE 10 .

2 . FOR THE PURPOSES OF ARTICLE 10 OF REGULATION NO 1612/68 , WHICH PROVIDES FOR THE RIGHT OF A MIGRANT WORKER ' S SPOUSE TO INSTALL HERSELF WITH HIM , THE MARITAL RELATIONSHIP CANNOT BE REGARDED AS DISSOLVED SO LONG AS IT HAS NOT BEEN TERMINATED BY THE COMPETENT AUTHORITY . IT IS NOT DISSOLVED MERELY BECAUSE THE SPOUSES LIVE SEPARATELY , EVEN WHERE THEY INTEND TO DIVORCE AT A LATER DATE .
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1 . ANNULMENT OF MEASURES - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION IMPOSING ANTI-DUMPING DUTIES - MANUFACTURERS AND EXPORTERS IN NON-MEMBER COUNTRIES

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COUNCIL REGULATION NO 3017/79 AND NO 101/83 )

2 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - NORMAL VALUE OF PRODUCTS - CALCULATION - REFUSAL OF FIRM TO COOPERATE - USE OF AVAILABLE INFORMATION - DETERMINATION ON THE BASIS OF PRICE UNDERTAKINGS ENTERED INTO AND LATER REVOKED BY THE FIRM - PERMISSIBILITY

( COUNCIL REGULATION NO 3017/79 , ARTS 2 AND 7 ( 7 ) ( B ))

3 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - FIXING OF ANTI-DUMPING DUTIES - AMOUNT NECESSARY TO REMOVE THE INJURY

( COUNCIL REGULATION NO 3017/79 , ART . 13 ( 3 ))

Summary

1 . MEASURES IMPOSING ANTI-DUMPING DUTIES ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE CONCERNED BY THE PRELIMINARY INVESTIGATION .

2 . IF A FIRM DOES NOT COOPERATE IN AN ANTI-DUMPING INVESTIGATION CARRIED OUT BY THE COMMISSION , WHICH IS AN EVENT PROVIDED FOR BY ARTICLE 7 ( 7 ) ( B ) OF REGULATION NO 3017/79 , AND THE INFORMATION AVAILABLE DOES NOT ENABLE IT TO ESTABLISH THE NORMAL VALUE ON ONE OF THE BASES MENTIONED IN ARTICLE 2 OF THAT REGULATION , THE COMMISSION IS ENTITLED TO TAKE AS A BASIS THE PRICES LAID DOWN IN AN UNDERTAKING ENTERED INTO AND LATER REVOKED BY THE FIRM , WHICH MAY BE CONSIDERED TO BE CLOSEST TO ECONOMIC REALITY , UNLESS THE COMMISSION POSSESSES INFORMATION INDICATING THAT THOSE PRICES NO LONGER CORRESPOND TO ECONOMIC REALITY . IN RECALCULATING THE NORMAL VALUE IT MAY ALSO USE THE GENERAL PRICE INDEX REFERRED TO FOR ADJUSTING THE PRICES AGREED TO IN THE UNDERTAKING IF THERE IS A REASONABLE RELATION BETWEEN THE INDEX AND THE FIRM ' S COSTS .

3 . IT IS CLEAR FROM ARTICLE 13 ( 3 ) OF REGULATION NO 3017/79 , WHICH STATES THAT THE AMOUNT OF ANTI-DUMPING DUTIES MAY NOT EXCEED THE DUMPING MARGIN AND SHOULD BE LESS IF SUCH LESSER DUTY WOULD BE ADEQUATE TO REMOVE THE INJURY , THAT WHEN THE COUNCIL ADOPTS AN ANTI-DUMPING REGULATION IT IS REQUIRED TO ASCERTAIN WHETHER THE AMOUNT OF THE DUTIES IS NECESSARY IN ORDER TO REMOVE THE INJURY .
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1 . OFFICIALS - ACTIONS - RIGHT TO BRING ACTION - PERSONS CLAIMING THE STATUS OF OFFICIALS OR OF SERVANTS OTHER THAN LOCAL STAFF - STAFF EMPLOYED IN AN EAEC JOINT UNDERTAKING

( EAEC TREATY, ART . 49, FIFTH PARAGRAPH, AND ART . 152 )

2 . OFFICIALS - STAFF EMPLOYED IN AN EAEC JOINT UNDERTAKING - EQUAL TREATMENT - EXCEPTIONS - EXISTENCE OF OBJECTIVE JUSTIFICATIONS

Summary

1 . ARTICLE 152 OF THE EAEC TREATY, WHICH GIVES THE COURT OF JUSTICE JURISDICTION 'IN ANY DISPUTE BETWEEN THE COMMUNITY AND ITS SERVANTS WITHIN THE LIMITS AND UNDER THE CONDITIONS LAID DOWN IN THE STAFF REGULATIONS OR THE CONDITIONS OF EMPLOYMENT' , MUST BE INTERPRETED AS MEANING THAT IT APPLIES NOT ONLY TO PERSONS WHO HAVE THE STATUS OF OFFICIALS OR OF SERVANTS OTHER THAN LOCAL STAFF BUT ALSO TO PERSONS CLAIMING THAT STATUS .

CONSEQUENTLY, ONLY THE COURT OF JUSTICE HAS JURISDICTION, TO THE EXCLUSION OF NATIONAL COURTS, TO ADJUDICATE ON AN APPLICATION CHALLENGING THE COMMISSION' S REFUSAL TO ENGAGE A PERSON EMPLOYED IN AN EAEC JOINT UNDERTAKING AS A TEMPORARY SERVANT .

2 . A DIFFERENCE IN TREATMENT AT THE LEVEL OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT APPLIED TO PERSONS EMPLOYED IN AN EAEC JOINT UNDERTAKING DEPENDING ON THE INSTITUTION WHICH MADE THEM AVAILABLE IS PERMISSIBLE ONLY IF OBJECTIVELY JUSTIFIED . IN ORDER TO DETERMINE WHETHER THAT IS THE CASE, THE SPECIFIC CHARACTERISTICS WHICH THE JOINT UNDERTAKING IN QUESTION MAY HAVE, BOTH IN ITS NATURE AND ORGANIZATION, MUST BE TAKEN INTO CONSIDERATION .
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ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - NON-COMPLIANCE WITH A COMMISSION DECISION CONCERNING STATE AID - DECISION NOT CONTESTED BY MEANS OF AN ACTION FOR A DECLARATION OF NULLITY - DEFENCES - LEGALITY OF THE DECISION CALLED IN QUESTION - NOT ADMISSIBLE

( EEC TREATY , ART . 93 ( 2 ), SECOND SUBPARAGRAPH )

Summary

A MEMBER STATE MAY NOT , IN PROCEEDINGS FOR A DECLARATION THAT BY FAILING TO COMPLY WITH A COMMISSION DECISION CONCERNING STATE AID IT HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY , CHALLENGE THE FACTUAL AND LEGAL FINDINGS ON WHICH THE COMMISSION BASED ITS DECISION IF IT DID NOT CONTEST THAT DECISION IN DUE TIME BY MEANS OF AN ACTION FOR A DECLARATION OF NULLITY .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - TRANSPOSITION INTO NATIONAL LAW WITHOUT LEGISLATIVE ACTION - CONDITIONS - EXISTENCE OF GENERAL PRINCIPLES OF LAW WHICH GUARANTEE THAT THE DIRECTIVE WILL BE FULLY APPLIED

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

2 . FREE MOVEMENT OF PERSONS - RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - NURSES - RECOGNITION OF DIPLOMAS - DIRECTIVE NO 77/452 - IMPLEMENTATION - NATIONAL LEGISLATION WHICH EMPOWERS THE AUTHORITIES TO ASSESS THE EQUIVALENCE OF TRAINING - NOT IN CONFORMITY WITH THE DIRECTIVE

( COUNCIL DIRECTIVE NO 77/452 , ART . 3 )

Summary

1 . IT FOLLOWS FROM THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY THAT THE IMPLEMENTATION OF A DIRECTIVE DOES NOT NECESSARILY REQUIRE LEGISLATIVE ACTION IN EACH MEMBER STATE . IN PARTICULAR , THE EXISTENCE OF GENERAL PRINCIPLES OF CONSTITUTIONAL OR ADMINISTRATIVE LAW MAY RENDER IMPLEMENTATION BY SPECIFIC LEGISLATION SUPERFLUOUS , PROVIDED HOWEVER THAT THOSE PRINCIPLES GUARANTEE THAT THE NATIONAL AUTHORITIES WILL IN FACT APPLY THE DIRECTIVE FULLY AND THAT , WHERE THE DIRECTIVE IS INTENDED TO CREATE RIGHTS FOR INDIVIDUALS , THE LEGAL POSITION ARISING FROM THOSE PRINCIPLES IS SUFFICIENTLY PRECISE AND CLEAR AND THE PERSONS CONCERNED ARE MADE FULLY AWARE OF THEIR RIGHTS AND , WHERE APPROPRIATE , AFFORDED THE POSSIBILITY OF RELYING ON THEM BEFORE THE NATIONAL COURTS .

2 . NATIONAL LEGISLATION CONCERNING ACCESS TO THE NURSING PROFESSION DOES NOT CONFORM TO DIRECTIVE NO 77/452/EEC WHERE , IN RELATION TO FOREIGNERS , IT EMPOWERS THE COMPETENT AUTHORITIES TO ASSESS , CASE BY CASE , THE EQUIVALENCE OF TRAINING RECEIVED OUTSIDE THAT STATE AND DOES NOT ACCORD NATIONALS OF OTHER MEMBER STATES THE RIGHT TO PURSUE THE PROFESSION OF NURSE SOLELY ON THE BASIS OF A DIPLOMA OBTAINED IN ONE OF THOSE STATES , EVEN IF THAT DIPLOMA IS LISTED IN ARTICLE 3 OF DIRECTIVE NO 77/452 .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MEASURE WHICH MAY BE DEFINED AS AID WITHIN THE MEANING OF ARTICLE 92 OF THE TREATY - MAY NEVERTHELESS BE COVERED BY THE PROHIBITION ON MEASURES HAVING EQUIVALENT EFFECT

( EEC TREATY , ARTS 30 , 92 AND 94 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - TAX ADVANTAGES GRANTED TO NEWSPAPER PUBLISHERS - BENEFIT REFUSED IN RESPECT OF PUBLICATIONS PRINTED IN OTHER MEMBER STATES - NOT ALLOWED

( EEC TREATY , ART . 30 )

Summary

1 . THE PROVISIONS CONCERNING AID CONTAINED IN ARTICLES 92 AND 94 OF THE TREATY CANNOT BE USED TO FRUSTRATE THE RULES OF THE TREATY ON THE FREE MOVEMENT OF GOODS OR THE RULES ON THE REPEAL OF DISCRIMINATORY TAX PROVISIONS . ALL THOSE PROVISIONS HAVE A COMMON OBJECTIVE , NAMELY TO ENSURE THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES UNDER NORMAL CONDITIONS OF COMPETITION . THE MERE FACT THAT A NATIONAL MEASURE MAY POSSIBLY BE DEFINED AS AID WITHIN THE MEANING OF ARTICLE 92 IS THEREFORE NOT AN ADEQUATE REASON FOR EXEMPTING IT FROM THE PROHIBITION CONTAINED IN ARTICLE 30 .

2 . A PROVISION BY WHICH A MEMBER STATE DEPRIVES NEWSPAPER PUBLISHERS OF CERTAIN TAX ADVANTAGES IN RESPECT OF PUBLICATIONS WHICH THEY PRINT IN OTHER MEMBER STATES IS LIKELY TO RESTRICT IMPORTS OF PUBLICATIONS PRINTED IN SUCH STATES AND MUST THEREFORE BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY ARTICLE 30 OF THE TREATY .
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COMMON CUSTOMS TARIFF - ADMISSION FREE OF IMPORT DUTY - SCIENTIFIC MATERIALS - ' ACCESSORIES ' FOR A SCIENTIFIC INSTRUMENT OR APPARATUS - ELIGIBILITY - CONDITIONS

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

Summary

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 ACCESSORIES MAY BE IMPORTED FREE OF DUTY PROVIDED THAT THEY ARE INTENDED FOR INSTRUMENTS OR APPARATUS WHICH ARE , OR HAVE BEEN , ADMITTED FREE OF DUTY . DUTY-FREE ADMISSION MAY NOT , HOWEVER , BE GRANTED WHERE THE ACCESSORY IN QUESTION IS INTENDED TO BE INCORPORATED IN AN INSTRUMENT OR APPARATUS CONSTRUCTED IN THE COMMUNITY .