ddrg/super_eurlex huggingface dataset:
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1 . MEMBER STATES - OBLIGATIONS - COMMISSION' S INITIATIVE IN ORDER TO MEET URGENT NEEDS - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY, ART . 5 )

2 . FISHERIES - CONSERVATION OF MARITIME RESOURCES - COUNCIL' S FAILURE TO ACT - ADOPTION OF PROVISIONAL CONSERVATION MEASURES - CONDITIONS - COOPERATION BETWEEN MEMBER STATES AND THE COMMISSION - QUOTA PROPOSALS ADOPTED UNILATERALLY BY THE COMMISSION - QUOTAS EXCEEDED - INTERVENTION MEASURES - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFULNESS

( COUNCIL REGULATION 729/70, ART . 3 )

3 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - RULES WHICH MAY HAVE FINANCIAL CONSEQUENCES

Summary

1 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION WHERE THE COMMISSION, IN ORDER TO MEET URGENT CONSERVATION NEEDS, HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH, ALTHOUGH THEY WERE NOT ADOPTED BY THE COUNCIL, REPRESENT A BASIS FOR CONCERTED COMMUNITY ACTION .

2 . WHERE THE COUNCIL HAS FAILED TO ADOPT THE CONSERVATION MEASURES NECESSARY TO PROTECT FISH STOCKS SUCH MEASURES, DESIGNED TO ANSWER URGENT NEEDS, MAY BE AGREED UPON BY MEANS OF A PROCESS OF COOPERATION BEWEEN THE MEMBER STATES AND THE COMMISSION IN ORDER TO ENABLE THE COMMUNITY TO MEET ITS RESPONSIBILITIES . IN THE ABSENCE OF SUCH COOPERATION PROPOSALS UNILATERALLY MADE BY THE COMMISSION IN RELATION TO THE FISHING QUOTAS TO BE ALLOCATED TO A MEMBER STATE CANNOT BE REGARDED AS COMMUNITY RULES WITHIN THE MEANING OF ARTICLE 3 OF REGULATION NO 729/70 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, DISREGARD OF WHICH COULD JUSTIFY THE COMMISSION' S REFUSAL TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND EXPENSES INCURRED BY THE MEMBER STATE FOR INTERVENTION MEASURES CONNECTED WITH CATCHES IN EXCESS OF THE SAID QUOTAS .

3 . COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
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1 . FREEDOM TO SUPPLY SERVICES - SERVICES - CONCEPT - TRANSFRONTIER DISTRIBUTION BY CABLE NETWORK OF TELEVISION PROGRAMMES CONTAINING ADVERTISEMENTS

( EEC TREATY, ARTS 59 AND 60 )

2 . FREEDOM TO SUPPLY SERVICES - RESTRICTIONS - CABLE DISTRIBUTION OF PROGRAMMES TRANSMITTED FROM ANOTHER MEMBER STATE - PROHIBITION OF ADVERTISEMENTS INTENDED ESPECIALLY FOR THE PUBLIC IN THE STATE CONCERNED AND OF PROGRAMMES WITH SUBTITLING - DISCRIMINATION - NOT PERMISSIBLE - DEROGATIONS - GROUNDS OF PUBLIC POLICY - MAINTAINING THE NON-COMMERCIAL AND PLURALISTIC NATURE OF THE NATIONAL BROADCASTING SYSTEM - DISPROPORTIONATE NATURE OF RESTRICTIONS IMPOSED SPECIFICALLY ON PROGRAMMES COMING FROM OTHER MEMBER STATES - NOT PERMISSIBLE

( EEC TREATY, ARTS 56, 59 AND 66 )

Summary

1 . THE DISTRIBUTION, BY OPERATORS OF CABLE NETWORKS ESTABLISHED IN A MEMBER STATE, OF TELEVISION PROGRAMMES SUPPLIED BY BROADCASTERS ESTABLISHED IN OTHER MEMBER STATES AND CONTAINING ADVERTISEMENTS INTENDED ESPECIALLY FOR THE PUBLIC IN THE MEMBER STATE WHERE THE PROGRAMMES ARE RECEIVED, COMPRISES A NUMBER OF SERVICES WITHIN THE MEANING OF ARTICLES 59 AND 60 OF THE TREATY .

2 . NATIONAL LEGISLATION UNDER WHICH THE DISTRIBUTION BY CABLE OF PROGRAMMES TRANSMITTED BY BROADCASTERS ESTABLISHED IN OTHER MEMBER STATES IS CONDITIONAL ON THE ABSENCE OF ADVERTISEMENTS INTENDED ESPECIALLY FOR THE PUBLIC IN THE MEMBER STATE IN QUESTION, WHILST NATIONAL TELEVISION STATIONS ARE NOT SUBJECT TO SUCH RESTRICTIONS, ENTAILS RESTRICTIONS WHICH, IN VIEW OF THEIR DISCRIMINATORY NATURE, ARE PROHIBITED BY ARTICLE 59 OF THE TREATY . THE SAME IS TRUE OF THE PROHIBITION OF SUBTITLING OF SUCH PROGRAMMES IN THE LANGUAGE OF THE MEMBER STATE IN QUESTION, SINCE IT SIMPLY HAS THE AIM OF COMPLEMENTING THE PROHIBITION OF ADVERTISING .

EVEN WHERE THEY ARE PRESENTED AS BEING JUSTIFIED ON GROUNDS OF PUBLIC POLICY, NAMELY THE MAINTENANCE OF THE NON-COMMERCIAL AND, HENCE, PLURALISTIC NATURE OF THE NATIONAL BROADCASTING SYSTEM, SUCH DISCRIMINATORY RESTRICTIONS CANNOT FALL WITHIN THE DEROGATIONS AUTHORIZED BY ARTICLE 56 OF THE TREATY SINCE THEY ARE NOT PROPORTIONATE TO THE INTENDED OBJECTIVE .
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1 . COMMUNITY LAW - INTERPRETATION - MEASURES ADOPTED BY THE INSTITUTIONS - INTERPRETATION BASED ON THE WORDING OF THE MEASURE - CHALLENGING THAT INTERPRETATION ON THE BASIS OF A DECLARATION OF THE COUNCIL ENTERED IN THE MINUTES - INADMISSIBLE

2 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - ADMINISTRATIVE PRACTICES INSUFFICIENT

( EEC TREATY, THIRD PARAGRAPH OF ART . 189 )

Summary

1 . AN INTERPRETATION OF A PROVISION IN A DIRECTIVE BASED ON ITS ACTUAL WORDING CANNOT BE REPLACED BY A DIFFERENT INTERPRETATION BASED ON A DECLARATION BY THE COUNCIL ENTERED IN THE MINUTES OF THE MEETING AT WHICH THE DIRECTIVE WAS APPROVED .

2 . MERE ADMINISTRATIVE PRACTICES, WHICH BY THEIR NATURE MAY BE CHANGED AT WILL BY THE ADMINISTRATION, CANNOT BE REGARDED AS CONSTITUTING PROPER COMPLIANCE WITH THE OBLIGATION INCUMBENT ON MEMBER STATES TO WHOM A DIRECTIVE IS ADDRESSED, PURSUANT TO ARTICLE 189 OF THE EEC TREATY .
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Procedure - Revision of a judgment - Period for lodging an application - Starting point - Awareness of the new fact - Application out of time - Inadmissibility

(Statute of the Court of Justice of the EEC, Art. 41; Rules of Procedure, Art. 98)
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1 . Procedure - Objection of lis pendens - Same parties, subject-matter and submissions in two actions - Inadmissibility of the second action

2 . Application for annulment of a measure - Submissions - Infringement of essential procedural requirements - Infringement by the Parliament of its Rules of Procedure - Recourse to the urgent procedure for the adoption of a resolution - No judicial review

3 . Parliament - Venue of plenary sittings - Decision by the governments of the Member States designating Strasbourg - The Parliament' s power of internal organization - Decision to hold plenary sittings in Brussels - Lawfulness - Conditions

( ECSC Treaty, Arts 25 and 77; EEC Treaty, Arts 5, 142 and 216; EAEC Treaty, Arts 112 and 189 )

Summary

1 . Where in two actions brought in succession the parties, subject-matter and submissions are the same, the second action must be dismissed as inadmissible .

2 . The submission that the adoption of a resolution of the Parliament in accordance with the urgent procedure infringes essential procedural requirements must be rejected . The Parliament' s decision to hold, in plenary, a topical and urgent debate on a motion for a resolution on a given subject relates to the internal organization of its work and cannot, therefore, be the subject of judicial review .

3 . In the exercise of the powers which they have under Article 77 of the ECSC Treaty, Article 216 of the EEC Treaty and Article 189 of the EAEC Treaty in relation to establishing the seat of the institutions the governments of the Member States have adopted decisions relating to the provisional working places of the institutions . The decisions designating Strasbourg as the provisional meeting place for plenary sittings of the Parliament must be interpreted in the light of the rule imposing reciprocal obligations of bona fide cooperation on the Member States and the Community institutions, as embodied in particular in Article 5 of the EEC Treaty . As regards the working conditions of the Parliament, that rule is of particular importance in a situation where the governments of the Member States have not yet fulfilled their obligation to establish the seat of the institutions or even decided on a single provisional working place for the Parliament . They do not prevent the Parliament, in exercising the power conferred on it by Articles 25, 142 and 112 of the aforementioned Treaties to determine its own internal organization, from deciding to hold a plenary sitting away from Strasbourg, when such a decision remains exceptional in nature, thus respecting the position of that city as the normal meeting place, and is justified by objective reasons connected with the proper functioning of the Parliament .

A resolution of the Parliament expressing the intention to organize in Brussels special or additional part-sessions during weeks devoted largely to meetings of Parliamentary committees or political groups thus remains within those limits .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL AN OBLIGATION - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY ART . 169 )

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 DIRECTIVES .
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COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT

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APART FROM SPECIAL FEATURES OF SPECIFIC AREAS IN WHICH IT IS USED, THE CONCEPT OF FORCE MAJEURE ESSENTIALLY COVERS EXTRANEOUS CIRCUMSTANCES WHICH MAKE IT IMPOSSIBLE FOR THE RELEVANT ACTION TO BE CARRIED OUT . EVEN THOUGH IT DOES NOT PRESUPPOSE ABSOLUTE IMPOSSIBILITY IT NEVERTHELESS REQUIRES ABNORMAL DIFFICULTIES WHICH ARE INDEPENDENT OF THE WILL OF THE PERSON CONCERNED AND APPEAR INEVITABLE EVEN IF ALL DUE CARE IS TAKEN .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRODUCTION REFUNDS - GRANTING OF PRODUCTION REFUNDS IN THE FORM OF ADVANCES TOGETHER WITH THE LODGING OF SECURITY - ABSENCE OF OTHER METHODS OF PAYMENT OF THE REFUND - LEGALITY

( REGULATION ( EEC ) NO*2742/75 OF THE COUNCIL, ART . 8*(B ); COMMISSION REGULATION ( EEC ) NO*1570/78 )

2 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - CRITERIA OF ASSESSMENT

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRODUCTION REFUNDS - RULES ON SECURITY - INCOMPLETE PROCESSING OF THE BASIC PRODUCT - SECURITY FORFEIT IN PROPORTION TO THE AMOUNTS NOT PROCESSED - MARGIN OF TOLERANCE NOT TAKEN INTO ACCOUNT - LEGALITY - LOSS OF ENTIRE AMOUNT BY WHICH THE SECURITY EXCEEDS THE AMOUNT OF THE REFUND - PRINCIPLE OF PROPORTIONALITY - BREACH

( COMMISSION REGULATION ( EEC ) NO*1570/78, ART . 3*(3)*(A )*)

Summary

1 . COMMISSION REGULATION NO*1570/78 OF 4 JULY 1978 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF REGULATION NO*2742/75 OF THE COUNCIL AS REGARDS PRODUCTION REFUNDS ON STARCHES DID NOT INFRINGE THE PROVISIONS OF ARTICLE 8 OF THE AFOREMENTIONED COUNCIL REGULATION BY PROVIDING FOR THE GRANTING OF ADVANCES TOGETHER WITH THE LODGING OF A SECURITY AS THE ONLY METHOD OF PAYMENT OF PRODUCTION REFUNDS .

2 . IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS IN CONFORMITY WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO VERIFY WHETHER THE MEANS WHICH IT EMPLOYS ARE APPROPRIATE TO ACHIEVE THE OBJECTIVE PURSUED AND WHETHER OR NOT THEY GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT .

3 . WHERE THE RULES ON SECURITY ARE INTENDED TO ENSURE THAT PROCESSING UNDERTAKINGS WHICH RECEIVE PRODUCTION REFUNDS GRANTED IN THE FORM OF ADVANCES COMPLY WITH THEIR OBLIGATIONS, IN THE EVENT OF THE QUANTITY OF THE BASIC PRODUCT ACTUALLY PROCESSED AMOUNTING TO LESS THAN THE QUANTITY ON WHICH THE ADVANCE HAD BEEN CALCULATED, THE MARGIN OF TOLERANCE EXPRESSLY PROVIDED FOR HAVING BEEN TAKEN INTO ACCOUNT, THE FACT THAT THE SECURITY IS FORFEITED IN PROPORTION TO THE QUANTITY NOT PROCESSED AND WITHOUT THE ABOVE TOLERANCE BEING TAKEN INTO ACCOUNT IS NOT CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY .

HOWEVER, THE FACT THAT IN SUCH A CASE THE AMOUNT BY WHICH THE SECURITY EXCEEDS THE REFUND INITIALLY GRANTED IS FORFEITED IN ITS ENTIRETY AND NOT IN PROPORTION TO THE QUANTITY NOT PROCESSED IS A BREACH OF THE PRINCIPLE OF PROPORTIONALITY, AND TO THAT EXTENT THE SECOND SUBPARAGRAPH OF ARTICLE 3*(3)*(A ) OF COMMISSION REGULATION NO*1570/78 IS INVALID .
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NON-CONTRACTUAL LIABILITY - CONDITIONS - LEGISLATIVE MEASURE INVOLVING CHOICES OF ECONOMIC POLICY - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW

( EEC TREATY, ART . 215, SECOND PARAGRAPH )

Summary

THE LIABILITY OF THE COMMUNITY ON ACCOUNT OF ITS LEGISLATIVE POWERS DEPENDS ON THE COINCIDENCE OF A SET OF CONDITIONS AS REGARDS THE UNLAWFULNESS OF AN ACT OF THE INSTITUTIONS, THE FACT OF DAMAGE AND THE EXISTENCE OF A DIRECT LINK IN THE CHAIN OF CAUSALITY BETWEEN THE ACT AND THE DAMAGE COMPLAINED OF .

FOR THE FIRST OF THOSE CONDITIONS TO BE FULFILLED THERE MUST, WHERE CHOICES OF ECONOMIC POLICY ARE INVOLVED, BE A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL . IN THE CONTEXT OF COMMUNITY PROVISIONS IN WHICH ONE OF THE CHIEF FEATURES IS THE EXERCISE OF A WIDE DISCRETION INDISPENSABLE FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY, THE COMMUNITY CAN INCUR LIABILITY ONLY IN EXCEPTIONAL CASES, NAMELY WHERE THE INSTITUTION CONCERNED MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .

THAT IS NOT THE CASE WHERE PRODUCTION REFUNDS INTRODUCED FOR USES OF STARCH PRODUCTS IN CONNECTION WITH FOODSTUFFS HAVE BEEN REFUSED TO A NEW PRODUCT AND INSUFFICIENT EVIDENCE HAS BEEN ADDUCED TO SHOW THAT THAT PRODUCT IS IN A COMPARABLE SITUATION FOR THE PURPOSES OF ARTICLE 40 ( 3 ) OF THE EEC TREATY TO THAT OF PRODUCTS FOR WHICH SUCH REFUNDS WERE GRANTED AT A TIME WHEN THE ABOLITION OF SUCH REFUNDS FORMED PART OF A POLICY OF THE COMMISSION WHICH WAS KNOWN TO TRADE CIRCLES .
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1 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - SPAIN - AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - REGULATORY AMOUNTS APPLICABLE TO SPANISH PRODUCTS - APPLICATION TO PRODUCTS OTHER THAN TABLE WINES - CONDITIONS - RISK OF DISTURBANCES ON THE MARKET - FIXING OF REGULATORY AMOUNTS WITHOUT FIRM EVIDENCE OF THE THREATS TO THE BALANCE OF THE MARKET - ILLEGALITY

( 1985 ACT OF ACCESSION, ART . 123*(2)*(B ); COMMISSION REGULATION NO 648/86, AS AMENDED BY REGULATION NO 969/86 )

2 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - REGULATIONS - MANAGEMENT OF COMMON ORGANIZATIONS OF THE MARKET - MANAGEMENT COMMITTEE PROCEDURE - REFERRING A MATTER TO THE COMMITTEE - ABSENCE OF AN OPINION - INCORRECT REFERENCE TO A FAVOURABLE OPINION IN THE PREAMBLE TO THE COMMISSION REGULATION - NO EFFECT ON THE LEGALITY OF THE REGULATION ADOPTED

( EEC TREATY, ART . 173*(1 ); COUNCIL REGULATION NO 337/79, ART . 67; COMMISSION REGULATIONS NOS 648 AND 969/86 )

Summary

1 . ARTICLE 123 OF THE ACT OF ACCESSION, WHICH ESTABLISHED A MECHANISM FOR REGULATORY AMOUNTS APPLICABLE TO CERTAIN VITICULTURAL PRODUCTS, MAKES THE APPLICATION OF THAT MECHANISM TO PRODUCTS OTHER THAN TABLE WINES CONDITIONAL ON THE EXISTENCE OF A RISK OF DISTURBANCE ON THE MARKET . THE FIXING BY COMMISSION REGULATIONS NOS 648 AND 969/86 OF REGULATORY AMOUNTS FOR THOSE PRODUCTS SOLELY ON THE BASIS OF THE POSSIBILITY OF SUBSTITUTION BETWEEN SPANISH WINES AND WINES PRODUCED IN THE COMMUNITY OF TEN, WITHOUT ANY FIRM EVIDENCE OF THE EXISTENCE OF A REAL RISK OF IMBALANCE OR DISRUPTION, DOES NOT SATISFY THAT CONDITION AND MUST BE DECLARED VOID FOR LACK OF A LEGAL BASIS .

2 . ACCORDING TO THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY, ONLY THE INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS PERMITS A CONTESTED MEASURE TO BE DECLARED UNLAWFUL . AN INCORRECT REFERENCE, IN THE PREAMBLE TO A REGULATION ADOPTED IN ACCORDANCE WITH THE MANAGEMENT COMMITTEE PROCEDURE, TO THE COMMITTEE' S OPINION CANNOT BE CONSIDERED TO CONSTITUTE SUCH AN INFRINGEMENT WHERE THE COMMITTEE HAS NOT GIVEN AN OPINION ALTHOUGH THE MATTER WAS PROPERLY REFERRED TO IT, AND, ACCORDING TO THE BASIC REGULATION GOVERNING THE COMMON ORGANIZATION OF THE MARKET CONCERNED, THE COMMISSION IS THUS ENTIRELY AT LIBERTY TO ADOPT THE PROPOSED MEASURES ON ITS OWN RESPONSIBILITY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - OBJECTIVES - FREE MOVEMENT OF PRODUCTS - DEROGATION - CHARGE ON EXPORTS TO ANOTHER MEMBER STATE - JUSTIFICATION - CONDITIONS

( EEC TREATY, ART . 43 ( 3 ) ( B ) )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SHEEPMEAT AND GOATMEAT - VARIABLE SLAUGHTER PREMIUM - EQUIVALENT AMOUNT CHARGED ON EXPORTS TO ANOTHER MEMBER STATE ( CLAWBACK ) - SCOPE OF THE CHARGE - ANIMALS AND PRODUCTS FOR WHICH A PREMIUM HAS BEEN GRANTED - EXTENSION - ILLEGALITY

( COUNCIL REGULATION NO 1837/80, ART . 9 ( 3 ), AS AMENDED BY COUNCIL REGULATION NO 871/84; COMMISSION REGULATIONS NOS 3451/85 AND 9/86 )

Summary

1 . IN ORDER TO ATTAIN THE OBJECTIVE LAID DOWN IN ARTICLE 43 ( 3 ) ( B ) OF THE EEC TREATY OF ENSURING CONDITIONS FOR TRADE WITHIN THE COMMUNITY SIMILAR TO THOSE EXISTING IN A NATIONAL MARKET, ANY COMMON ORGANIZATION OF THE

MARKET MUST ESSENTIALLY ENSURE THE FREE MOVEMENT OF PRODUCTS AND THIS NECESSARILY INVOLVES THE ABOLITION OF ALL OBSTACLES WHICH MIGHT IMPEDE SUCH MOVEMENT . THE CHARGING OF A SUM OF MONEY, ON EXPORTATION TO ANOTHER MEMBER STATE, CONSTITUTES SUCH AN OBSTACLE IN PRINCIPLE, NO MATTER HOW THAT CHARGE IS DESCRIBED . NEVERTHELESS, IT MAY BE JUSTIFIED IN THE CONTEXT OF AN ORGANIZATION OF THE MARKET WHICH HAS NOT YET BEEN COMPLETELY UNIFIED WHERE IT IS INTENDED TO OFFSET INEQUALITIES ARISING FROM THE FACT THAT THE COMMON ORGANIZATION HAS NOT BEEN FULLY ACHIEVED, IN ORDER TO ENABLE PRODUCTS COVERED BY THE ORGANIZATION TO CIRCULATE ON EQUAL TERMS WITHOUT THEREBY ARTIFICIALLY DISTORTING COMPETITION BETWEEN PRODUCERS IN DIFFERENT REGIONS .

2 . THE INCOMPLETE STATE OF THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT, WHICH IS DUE IN PARTICULAR TO THE FACT THAT A PARTICULAR SUPPORT MEASURE, IN THIS CASE THE VARIABLE SLAUGHTER PREMIUM, IS RESERVED FOR PRODUCERS OF A SPECIFIC REGION AND IS LIABLE TO IMPROVE THEIR COMPETITIVE POSITION, MAY CALL FOR CORRECTIVE MEASURES TO RESTORE EQUALITY BETWEEN PRODUCERS IN ALL REGIONS SO FAR AS THEIR COMPETITIVE POSITION IS CONCERNED . SUCH MEASURES, SUCH AS CHARGING, ON EXPORTATION, AN AMOUNT EQUIVALENT TO THE AFOREMENTIONED PREMIUM ( CLAWBACK ), IN SO FAR AS THEY CONSTITUTE OBSTACLES TO THE FREE MOVEMENT OF GOODS TO WHICH ANY COMMON ORGANIZATION OF THE MARKET MUST ASPIRE, ARE NECESSARILY OF AN EXCEPTIONAL NATURE AND THEREFORE THEIR SCOPE MUST BE STRICTLY LIMITED TO THEIR SPECIFIC OBJECTIVE IN THE CONTEXT OF BRINGING ABOUT MARKET CONDITIONS WHICH COME CLOSEST TO THOSE OF AN INTERNAL MARKET .

CONSEQUENTLY, ARTICLE 9 ( 3 ) OF COUNCIL REGULATION NO 1837/80, AS AMENDED BY COUNCIL REGULATION NO 871/84, MUST BE UNDERSTOOD AS PRESCRIBING SOLELY THE RECOVERY OF THE AMOUNT OF VARIABLE SLAUGHTER PREMIUM FOR SHEEP ACTUALLY PAID IN RESPECT OF AN ANIMAL WHEN IT LEAVES THE REGION IN WHICH THE PREMIUM WAS GRANTED . IT FOLLOWS THAT COMMISSION REGULATIONS NOS 3451/85 AND 9/86 MUST BE DECLARED VOID IN SO FAR AS THEY REQUIRE CLAWBACK TO BE CHARGED, ON DEPARTURE FROM REGION 5 ( GREAT BRITAIN ), ON ANIMALS OF THE OVINE SPECIES AND PRODUCTS THEREOF FOR WHICH VARIABLE SLAUGHTER PREMIUM HAS NOT BEEN AND CANNOT BE PAID .
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1 . OFFICIALS - PERIODIC REPORT - DRAWN UP LATE - IRREGULARITY SUFFICIENT TO JUSTIFY ANNULMENT OF THE REPORT AND AWARD OF COMPENSATION - CONDITION - EXISTENCE OF DAMAGE

( STAFF REGULATIONS OF OFFICIALS, ART . 43 )

2 . OFFICIALS - PERIODIC REPORT - ASSESSMENTS WHICH DIFFER FROM THOSE GIVEN IN THE PREVIOUS REPORT - DUTY TO STATE REASONS - SCOPE

( STAFF REGULATIONS OF OFFICIALS, ART . 43 )
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PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES - COMMUNITY TAX ON SALARIES PAID BY THE EUROPEAN INVESTMENT BANK - LEVIED FOR THE BENEFIT OF THE COMMUNITIES

( EEC TREATY, ART . 130; PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, ARTS 13 AND 22; COUNCIL REGULATION NO 260/68 )

Summary

IN THE INTERESTS OF THE COMMUNITIES' INDEPENDENCE AND EQUAL TREATMENT OF THEIR OFFICIALS AND OTHER SERVANTS ARTICLE 13 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES IS TO REPLACE NATIONAL TAXES BY A COMMUNITY TAX WHICH IS APPLICABLE TO THE COMMUNITIES' STAFF ON THE BASIS OF UNIFORM CONDITIONS . IT DOES NOT FOLLOW FROM THAT PROVISION, WHICH IS APPLICABLE TO THE STAFF OF THE EUROPEAN INVESTMENT BANK BY VIRTUE OF ARTICLE 22 OF THE PROTOCOL, THAT THE PROCEEDS OF THE COMMUNITY TAX SHOULD BE ALLOTTED TO THE BODIES IN WHICH THE STAFF CONCERNED ARE EMPLOYED .

SINCE THE RIGHTS AND PRIVILEGES ARISING OUT OF THE PROTOCOL WERE CONFERRED ON THE EUROPEAN INVESTMENT BANK ONLY IN ITS CAPACITY AS A BODY WHICH, ACCORDING TO ARTICLE 130 OF THE TREATY, ACTS IN THE INTEREST OF THE COMMUNITIES, ARTICLES 13 AND 22 OF THE PROTOCOL MUST BE INTERPRETED AS MEANING THAT THE TAX ON SALARIES PAID BY THAT BODY IS LEVIED FOR THE BENEFIT OF THE COMMUNITIES IN ACCORDANCE WITH THE CONDITIONS AND PROCEDURE LAID DOWN BY THE COUNCIL IN REGULATION NO 260/68 . THE BANK' S OPERATIONAL AND INSTITUTIONAL AUTONOMY DOES NOT MEAN THAT IT IS TOTALLY SEPARATED FROM THE COMMUNITIES AND EXEMPT FROM EVERY RULE OF COMMUNITY LAW, SINCE IT IS CLEAR IN PARTICULAR FROM ARTICLE 130 OF THE TREATY THAT THE BANK IS INTENDED TO CONTRIBUTE TOWARDS THE ATTAINMENT OF THE COMMUNITY' S OBJECTIVES AND FORMS PART OF THE FRAMEWORK OF THE COMMUNITY .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF DRIED FRUIT - FIXED-RATE COUNTERVAILING CHARGE BASED ON THE LOWEST WORLD-MARKET PRICE - NOT PERMITTED

( COUNCIL REGULATION NOS 516/77 AND 521/77; COMMISSION REGULATION NO 2742/82 )

Summary

COUNCIL REGULATION NO 521/77 EMPOWERS THE COMMISSION TO ESTABLISH, AS A PROTECTIVE MEASURE APPLICABLE TO THE IMPORTATION OF DRIED GRAPES INTO THE COMMUNITY, A MINIMUM IMPORT PRICE WHICH MAY EVEN EXCEED THE PRICES CHARGED WITHIN THE COMMUNITY, TOGETHER WITH A COUNTERVAILING CHARGE DESIGNED TO ENFORCE IT; THE QUESTION WHAT FORM THE DETAILED RULES MAY TAKE DEPENDS ON THE CIRCUMSTANCES .

BY ESTABLISHING IN REGULATION NO 2742/82 A COUNTERVAILING CHARGE AT A FIXED RATE EQUAL TO THE DIFFERENCE BETWEEN THE MINIMUM PRICE AND THE LOWEST WORLD-MARKET PRICE, HOWEVER, THE COMMISSION HAS EXCEEDED ITS POWERS; SUCH A RULE, WHICH WAS NOT NECESSARY TO AVERT DISTURBANCES ON THE COMMUNITY MARKET, HAS THE EFFECT OF INFLICTING AN ECONOMIC PENALTY ON A TRADER WHO HAS IMPORTED GOODS AT A PRICE WHICH, ALTHOUGH LOWER THAN THE MINIMUM PRICE, IS PERHAPS VERY CLOSE TO IT, WHEREAS THE AIM OF THE COUNTERVAILING CHARGE IS SOLELY TO ENFORCE THE MINIMUM PRICE SO AS TO ENSURE COMMUNITY PREFERENCE .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - ADDITIONAL LEVY ON MILK - ALLOCATION OF REFERENCE QUANTITIES EXEMPT FROM LEVY - PRODUCERS WHO SUSPENDED DELIVERIES UNDER THE NON-MARKETING PREMIUM SCHEME - NOT ALLOCATED REFERENCE QUANTITIES - PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS - BREACH

( COUNCIL REGULATION NO 1078/77, ART . 2 ( 2 ), AND COUNCIL REGULATION NO 857/84; COMMISSION REGULATION NO 1371/84 )

Summary

SINCE THERE IS NOTHING IN THE PROVISIONS OF REGULATION NO 1078/77 OR IN ITS PREAMBLE TO SHOW THAT THE UNDERTAKING NOT TO MARKET MILK ENTERED INTO UNDER THAT REGULATION MIGHT, UPON ITS EXPIRY, ENTAIL A BAR TO RESUMPTION OF MILK DELIVERIES BY THE PRODUCERS CONCERNED, THE FACT THAT THOSE PRODUCERS MAY, FOR THE ENTIRE PERIOD OF APPLICATION OF NEW REGULATIONS INTRODUCING AN ADDITIONAL LEVY ON MILK, BE DENIED ANY REFERENCE QUANTITY WHATSOEVER UNDER THOSE

REGULATIONS FRUSTRATES THE LEGITIMATE EXPECTATIONS OF THOSE PRODUCERS THAT THE EFFECTS OF THE SYSTEM OF NON-MARKETING PREMIUMS TO WHICH THEY HAD RENDERED THEMSELVES SUBJECT WOULD BE LIMITED .

CONSEQUENTLY, REGULATION NO 857/84, AS SUPPLEMENTED BY REGULATION NO 1371/84, IS INVALID IN SO FAR AS IT DOES NOT PROVIDE FOR THE ALLOCATION OF A REFERENCE QUANTITY TO PRODUCERS WHO, PURSUANT TO AN UNDERTAKING ENTERED INTO UNDER REGULATION NO 1078/77, DID NOT DELIVER MILK DURING THE REFERENCE YEAR ADOPTED BY THE MEMBER STATE CONCERNED .