ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - DECISION REJECTING COMPLAINT - FRESH COMPLAINT AGAINST THE SAME ACT ADVERSELY AFFECTING THE OFFICIAL - ADMISSIBILITY - CONDITION - IMPORTANT NEW FACTS

( STAFF REGULATIONS OF OFFICIALS , ART . 90 ( 2 ))

2 . OFFICIALS - PERIODIC REPORTS - ' ' GUIDE TO STAFF REPORTS ' ' - PURPOSE - DEFINITION OF CRITERIA TO BE ADOPTED BY REPORTING OFFICERS - DESCRIPTION OF BASIC POSTS - EFFECTS - RIGHT OF OFFICIALS TO APPOINTMENT OR RECLASSIFICATION IN A GIVEN GRADE - NONE

( STAFF REGULATIONS OF OFFICIALS , ART . 43 )

Summary

1 . AN INSTITUTION WHICH HAS REJECTED A COMPLAINT AGAINST AN ACT ADVERSELY AFFECTING AN OFFICIAL , LODGED WITHIN THE REQUISITE PERIOD , IS NOT REQUIRED , UNLESS IMPORTANT NEW FACTS HAVE ARISEN , TO CONSIDER A FRESH COMPLAINT AGAINST THE SAME ACT .

2 . THE PURPOSE OF THE GUIDE TO STAFF REPORTS , DRAWN UP BY AN INSTITUTION IN PURSUANCE OF ARTICLE 43 OF THE STAFF REGULATIONS , IS TO PROVIDE GUIDE-LINES FOR SENIOR OFFICIALS RESPONSIBLE FOR PREPARING PERIODIC REPORTS ON OTHER OFFICIALS . IT IS PUBLISHED IN ORDER TO INFORM THE OFFICIALS CONCERNED OF THE CRITERIA APPLICABLE UNDER THAT PROCEDURE . ACCORDINGLY , THE DESCRIPTION OF THE BASIC POSTS WHICH IT CONTAINS DOES NOT ENTITLE THE STAFF TO DEMAND APPOINTMENT IN A GIVEN GRADE OR A FORTIORI TO REQUIRE , AFTER APPOINTMENT IN A GIVEN GRADE , A HIGHER GRADE OUTSIDE THE NORMAL PROMOTION PROCEDURE .
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1 . OFFICIALS - APPLICATION - REQUEST SUBMITTED TO APPOINTING AUTHORITY TO TAKE A DECISION - PERIOD - ABSENCE - PREVIOUS REJECTION OF APPLICATION HAVING THE SAME SUBJECT-MATTER FOR FAILURE TO ADHERE TO PRELIMINARY ADMINISTRATIVE PROCEDURE - CONTINUED APPLICABILITY OF MEANS OF REDRESS PROVIDED FOR BY STAFF REGULATIONS

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - TERMINATION OF SERVICE - SYSTEM INTRODUCED BY REGULATION NO 2530/72 - MONTHLY ALLOWANCE - EXCHANGE RATE APPLICABLE - OBJECTION BY OFFICIAL TO WHOM THE SYSTEM WAS APPLIED AT HIS REQUEST

( STAFF REGULATIONS , ART . 63 , THIRD PARAGRAPH ; REGULATION NO 2530/72 OF THE COUNCIL , ART . 3 ( 3 ))

Summary

1 . SINCE NO SPECIFIC PERIOD IS PROVIDED FOR WITHIN WHICH A REQUEST WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS IS TO BE SUBMITTED , IT CANNOT BE HELD AGAINST AN OFFICIAL THAT HE HAS SUBMITTED SUCH A REQUEST TO THE APPOINTING AUTHORITY EVEN WHERE THE COURT HAS PREVIOUSLY DISMISSED AN APPLICATION WITH THE SAME SUBJECT-MATTER THOUGH SOLELY ON THE GROUND THAT THE PRELIMINARY ADMINISTRATIVE PROCEDURE HAS NOT BEEN ADHERED TO ; HIS RIGHT TO HAVE RECOURSE TO THE MEANS OF REDRESS PROVIDED FOR BY THE STAFF REGULATIONS SUBJECT TO COMPLIANCE WITH THE REQUIREMENTS THEREOF IS THUS LEFT INTACT .

2 . AN OFFICIAL WHO RETIRES FROM THE COMMUNITY OF HIS OWN INITIATIVE CANNOT CLAIM TO BE SURPRISED BY THE FACT THAT THE EXPRESS PROVISIONS OF THE LEGISLATION IN FORCE AT THE TIME ON THE EXCHANGE RATE APPLICABLE TO THE MONTHLY ALLOWANCE ARE APPLIED TO HIM WHEN HE WAS WELL AWARE OF THE AMOUNT OF THE ALLOWANCE AND ACCEPTED IT WITH FULL KNOWLEDGE OF THE FACTS AT THE TIME OF HIS DEPARTURE .
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FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - EXTERNAL COMMUNITY TRANSIT - T 1 DOCUMENT - DISCHARGE AT THE OFFICE OF DEPARTURE - EFFECT - RELEASE OF THE GUARANTOR - CONCEPT OF ' ' GUARANTOR ' '

( ART . 27 ( 3 ) AND THE FIRST PARAGRAPH OF ART . 35 OF REGULATION ( EEC ) NO 542/69 OF THE COUNCIL , AS AMENDED BY REGULATION NO 1079/71 )

Summary

THE FIRST PARAGRAPH OF ARTICLE 35 OF REGULATION NO 542/69 OF THE COUNCIL , IN THE VERSION IN FORCE ON 29 OCTOBER 1976 , MUST BE INTERPRETED AS MEANING THAT THE WORDS ' ' DEGENE DIE ZEKERHEID HEEFT GESTELD ' ' APPEARING IN THE DUTCH VERSION DO NOT COVER THE PRINCIPAL BUT MEAN ONLY THE PERSON WHO , IN THE CASE OF THE JOINT AND SEVERAL GUARANTEE REFERRED TO IN ARTICLE 27 ( 3 ) OF THAT REGULATION , ACTS AS GUARANTOR IN ACCORDANCE WITH THAT REGULATION .
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1 . OFFICIALS - TEMPORARY POSTING - MAXIMUM DURATION OF ONE YEAR - LIMITATION APPLYING EXCLUSIVELY TO THE APPOINTMENT OF ONE AND THE SAME OFFICIAL

( STAFF REGULATIONS , ART . 7 ( 2 ))

2 . OFFICIALS - TEMPORARY POSTING - APPOINTMENT TO A POST IN A HIGHER CAREER BRACKET - APPOINTMENT RESTRICTED TO A POST IN THE GRADE IMMEDIATELY ABOVE - NOT PERMISSIBLE

( STAFF REGULATIONS , ART . 7 ( 2 ))

3 . OFFICIALS - RECRUITMENT - DELAY IN THE COMMENCEMENT OF PROCEDURES - INFRINGEMENT OF THE INTERESTS OF THE SERVICE - NONE

( STAFF REGULATIONS , ART . 29 )

Summary

1 . IT IS APPARENT FROM ARTICLE 7 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS THAT THE MAXIMUM DURATION OF A TEMPORARY POSTING RELATES TO THE MAXIMUM PERIOD IN WHICH AN OFFICIAL MAY TEMPORARILY OCCUPY THE POST IN QUESTION . IT DOES NOT IMPOSE A LIMIT OF ONE YEAR ON THE TEMPORARY OCCUPATION OF THE POST . THAT LIMITATION APPLIES ONLY TO THE PERIOD FOR WHICH THE POST MAY BE OCCUPIED BY THE SAME OFFICIAL . THEREFORE , AT THE END OF THAT PERIOD , THE APPOINTING AUTHORITY HAS THE RIGHT TO FILL THE POST BY APPOINTING ANOTHER OFFICIAL WHO FULFILS THE CONDITIONS LAID DOWN IN THE FIRST SUBPARAGRAPH OF ARTICLE 7 ( 2 ).

2 . SINCE ARTICLE 7 ( 2 ) OF THE STAFF REGULATIONS ENVISAGES THE TEMPORARY APPOINTMENT OF AN OFFICIAL TO A POST ' ' IN A CAREER BRACKET . . . WHICH IS HIGHER THAN HIS SUBSTANTIVE CAREER BRACKET ' ' , IT IN NO WAY FOLLOWS FROM THAT PROVISION THAT AN OFFICIAL MAY ONLY BE CALLED UPON TO OCCUPY TEMPORARILY A POST CORRESPONDING TO A GRADE NO HIGHER THAN THAT IMMEDIATELY ABOVE HIS OWN .

3 . BY POSTPONING , OUT OF NECESSITY , AS THE RESULT OF THE SETTING-UP OF ITS DEPARTMENTS , THE IMPLEMENTATION OF THE PROCEDURES LAID DOWN IN ARTICLE 29 OF THE STAFF REGULATIONS , THE ADMINISTRATION CONCERNED DOES NOT ACT AGAINST THE INTERESTS OF THE SERVICE .
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FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY PROVISIONS APPLICABLE TO SPANISH VESSELS - INTERIM REGIME FALLING WITHIN THE FRAMEWORK OF RELATIONS BETWEEN THE COMMUNITY AND SPAIN - SUPERSEDES THE PREVIOUS REGIME - EFFECTS

( COUNCIL REGULATIONS NOS 1744/78 AND 1719/80 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

Summary

THE INTERIM REGIME ESTABLISHED BY THE COMMUNITY UNDER ITS OWN RULES FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN THE COMMUNITY AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF FISHERY LIMITS AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES . THOSE RELATIONS WERE SUBSTITUTED FOR THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO FISHING ON THE HIGH SEAS AND THE INCREASINGLY URGENT NEED TO CONSERVE THE LIVING RESOURCES OF THE SEA .

ACCORDINGLY , SPANISH FISHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL AGREEMENTS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .
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OFFICIALS - PENSIONS - DETERMINATION OF PENSION RIGHTS - PAYMENT OF BENEFITS - DISTINCTION - AMOUNT OF BENEFITS AFFECTED BY EXCHANGE RATES AND WEIGHTINGS - NO ENROACHMENT UPON PENSION RIGHTS

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , CHAPTER 2 AND ARTICLES 45 AND 46 )

Summary

THE PROVISIONS OF ANNEX VIII TO THE STAFF REGULATIONS DRAW A CLEAR DISTINCTION BETWEEN THE DETERMINATION OF ' ' PENSION RIGHTS ' ' COVERED BY CHAPTER 2 OF THE ANNEX AND THE ' ' PAYMENT OF BENEFITS ' ' GOVERNED BY ARTICLES 45 AND 46 OF THE ANNEX . ALTHOUGH CHANGES IN THE AMOUNTS ACTUALLY PAID TO THE PENSIONER WHICH WERE SOLELY DUE TO THE EFFECT OF THE RATES OF EXCHANGE AND THE WEIGHTINGS AFFECTED THE PAYMENT OF BENEFITS UNDER ARTICLES 45 AND 46 , THEY DID NOT ENCROACH UPON THE PENSION RIGHTS AS DETERMINED IN ACCORDANCE WITH CHAPTER 2 OF THE ANNEX .
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1 . OFFICIALS - APPLICATION TO THE COURT - REQUEST WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS - CONCEPT

( STAFF REGULATIONS , ART . 90 ( 1 ))

2 . OFFICIALS - EQUAL TREATMENT - IDENTICAL CONDITIONS OF RECRUITMENT AND CAREER - LIMITS - ORGANIZATION OF DEPARTMENTS - ADMINISTRATION ' S DISCRETION

( STAFF REGULATIONS , ART . 5 ( 3 ))

3 . OFFICIALS - ADMINISTRATION ' S DUTY TO ASSIST - SCOPE

( STAFF REGULATIONS , ART . 24 )

Summary

1 . EVEN IF A WRITTEN REQUEST DOES NOT EXPRESSLY REFER TO ARTICLE 90 OF THE STAFF REGULATIONS AND CONTAINS NO EXPRESSION TO THAT EFFECT , IT MAY AMOUNT TO A REQUEST THEREUNDER IF IT INVITES THE APPOINTING AUTHORITY TO ADOPT A DECISION .

2 . THE CONDITIONS OF RECRUITMENT AND CAREER IN THE SERVICE REFERRED TO IN ARTICLE 5 ( 3 ) CANNOT BE CONSIDERED OUTSIDE THE FRAMEWORK DETERMINED BY THE ORGANIZATION OF THE DEPARTMENTS . ALTHOUGH THAT PROVISION REQUIRES THE COMMUNITY ADMINISTRATION TO RESPECT THE EQUALITY OF OFFICIALS , IN THE VARIOUS CATEGORIES , WITH REGARD TO THE CON- DITIONS GOVERNING RECRUITMENT AND PROMOTION , IT DOES NOT RESTRICT THE FREEDOM OF THE INSTITUTIONS TO ORGANIZE THE VARIOUS ADMINISTRATIVE UNITS TAKING ACCOUNT OF A WHOLE RANGE OF FACTORS , SUCH AS THE NATURE AND SCOPE OF THE TASKS WHICH ARE ASSIGNED TO THEM AND THE BUDGETARY POSSI- BILITIES . IT FOLLOWS THAT THE ADMINIS- TRATION HAS NO OBLIGATION WITH REGARD TO AN OFFICIAL TO ORGANIZE THE DEPART- MENT IN WHICH HE IS EMPLOYED SO AS TO GUARANTEE HIM AN OPPORTUNITY TO PERFORM CERTAIN DUTIES AND OBTAIN PROMOTION AS A RESULT .

3 . THE OBLIGATION TO PROVIDE ASSISTANCE LAID DOWN BY ARTICLE 24 OF THE STAFF REGULATIONS IS CONCERNED WITH THE DEFENCE OF OFFICIALS BY THE INSTITUTIONS AGAINST THE ACTS OF THIRD PARTIES AND NOT AGAINST THE ACTS OF THE INSTITUTION ITSELF , THE REVIEW OF WHICH IS GOVERNED BY OTHER PROVISIONS OF THE STAFF REGULATIONS .
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1 . OFFICIALS - APPLICATION - MEASURE ADVERSELY AFFECTING - CONCEPT - SALARY STATEMENT APPLYING THE RULES IN FORCE IN RELATION TO REMUNERATION

( STAFF REGULATIONS , ARTS 90 AND 91 )

2.OBJECTION OF INADMISSIBILITY - ARTICLE 184 OF THE EEC TREATY - OBJECTIVE

Summary

1 . THE SALARY STATEMENT PREPARED BY AN INSTITUTION AND ISSUED TO AN OFFICIAL MAY CONSTITUTE A MEASURE ADVERSELY AFFECTING HIM AND BE THE SUBJECT OF A COMPLAINT AND ULTIMATELY AN ACTION . THE FACT THAT THE INSTITUTION CONCERNED IS ONLY APPLYING THE REGULATIONS IN FORCE IS IRRELEVANT IN THAT RESPECT .

2 . ARTICLE 184 OF THE EEC TREATY GIVES EXPRESSION TO A GENERAL PRINCIPLE CONFERRING UPON ANY PARTY TO PROCEEDINGS THE RIGHT TO CHALLENGE INCIDENTALLY , WITH A VIEW TO OBTAINING THE ANNULMENT OF A DECISION ADDRESSED TO HIM , THE VALIDITY OF THE PROVISIONS OF REGULATIONS WHICH FORM THE LEGAL BASIS THEREOF .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - AGREEMENT ON JURISDICTION - APPEARANCE ENTERED BY THE DEFENDANT IN THE COURT SEISED - APPEARANCE ENTERED NOT ONLY TO CONTEST THE JURISDICTION BUT ALSO TO PRESENT A DEFENCE ON THE SUBSTANCE - ENTERING AN APPEARANCE DOES NOT ENTAIL SUBMISSION TO THE JURISDICTION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 18 )

Summary

ARTICLE 18 OF THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE INTERPRETED AS MEANING THAT IT ALLOWS THE DEFENDANT NOT ONLY TO CONTEST THE JURISDICTION BUT TO SUBMIT AT THE SAME TIME IN THE ALTERNATIVE A DEFENCE ON THE SUBSTANCE OF THE ACTION WITHOUT , HOWEVER , LOSING HIS RIGHT TO RAISE AN OBJECTION OF LACK OF JURISDICTION .
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1 . PRELIMINARY QUESTIONS - REFERENCE TO THE COURT - DECISION MAKING THE REFERENCE TAKEN BY A COURT NOT PROPERLY CONSTITUTED - ABSENCE OF ANY EFFECT ON THE COURT ' S JURISDICTION

( EEC TREATY , ART . 177 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - SOCIAL AND TAX ADVANTAGES - CONCEPT

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

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - SOCIAL ADVANTAGES - CONCEPT - BENEFITS GRANTED ON A DISCRETIONARY BASIS

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

4 . FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - SOCIAL ADVANTAGES - CONCEPT - INTEREST-FREE LOANS ON CHILDBIRTH

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

Summary

1 . WHERE A COURT OF A MEMBER STATE BRINGS A MATTER BEFORE THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY THE COURT HAS JURISDICTION , UNDER THAT PROVISION , TO ANSWER THE QUESTIONS RAISED WITHOUT THERE BEING ANY NEED TO CONSIDER FIRST WHETHER THE DECISION MAKING THE REFERENCE TO IT WAS TAKEN IN ACCORDANCE WITH THE RULES OF NATIONAL LAW GOVERNING THE ORGANIZATION OF THE COURTS AND THEIR PROCEDURE .

2 . IT FOLLOWS FROM THE PROVISIONS OF REGULATION NO 1612/68 AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THAT REGULATION EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES ARE ALL THOSE 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 THE EXTENSION OF WHICH TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY .

3 . THE CONCEPT OF ' ' SOCIAL ADVANTAGE ' ' REFERRED TO IN ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 ENCOMPASSES NOT ONLY THE BENEFITS ACCORDED BY VIRTUE OF A RIGHT BUT ALSO THOSE GRANTED ON A DISCRETIONARY BASIS .

4 . ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 IS TO BE INTERPRETED AS MEANING THAT THE CONCEPT OF ' ' SOCIAL ADVANTAGE ' ' REFERRED TO IN THAT PROVISION ENCOMPASSES INTEREST-FREE LOANS GRANTED ON CHILDBIRTH BY A CREDIT INSTITUTION INCORPORATED UNDER PUBLIC LAW , ON THE BASIS OF GUIDELINES AND WITH FINANCIAL ASSISTANCE FROM THE STATE , TO FAMILIES WITH A LOW INCOME WITH A VIEW TO STIMULATING THE BIRTH RATE . SUCH LOANS MUST THEREFORE BE GRANTED TO WORKERS OF OTHER MEMBER STATES ON THE SAME CONDITIONS AS THOSE WHICH APPLY TO NATIONAL WORKERS .
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OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO COMMUNITY SYSTEM - DETAILED RULES - ' ' ACTUARIAL EQUIVALENT ' ' - ' ' SUMS REPAID ' ' - CONCEPTS

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11(2 ))

Summary

THE PURPOSE OF CALCULATING THE ACTUARIAL EQUIVALENT IN PURSUANCE OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS OF OFFICIALS FOR THE TRANSFER OF PENSION RIGHTS ACQUIRED UNDER NATIONAL SCHEMES IS TO CAPITALIZE THE VALUE OF A FUTURE CONTINGENT PERIODIC BENEFIT . THE CALCULATION IS THEREFORE BASED ON A CALCULATION OF THE CAPITAL CORRESPONDING TO THE PENSION TO WHICH THE PERSON CONCERNED WILL BE ENTITLED AT NATIONAL LEVEL BY THE APPLICATION OF A DISCOUNT RATE BY REASON OF THE ANTICIPATED NATURE OF THE PAYMENT AS COMPARED WITH THE DUE DATE , TOGETHER WITH A REDUCTION COEFFICIENT PROPORTIONATE TO THE RISK OF THE DEATH OF THE RECIPIENT BEFORE THE DUE DATE , DETERMINED AS A FUNCTION OF THE AGE OF THE INSURED AND OF DEATH RATES , BOTH FACTORS BEING CALCULATED ON THE BASIS OF THE TIME DUE TO ELAPSE BETWEEN THE DATE OF THE AWARD OF THE ACTUARIAL EQUIVALENT AND THAT OF THE GRANT OF THE PENSION .

THE CALCULATION OF THE SUMS REPAID ON THE OTHER HAND MAY BE EFFECTED IN CONTRIBUTORY INSURANCE SCHEMES BY ADDING UP THE CONTRIBUTIONS PAID BY THE INSURED PERSON , TOGETHER , WHERE APPROPRIATE , WITH THOSE PAID BY HIS EMPLOYER ; INTEREST MAY BE ADDED TO THESE CONTRIBUTIONS .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INSURANCE COVERING OLD AGE AND DEATH - AGGREGATION OF PERIODS OF INSURANCE - PERIODS OF LESS THAN A YEAR COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE - TAKING INTO ACCOUNT OF SUCH PERIODS - REQUIREMENT BY THE COMPETENT MEMBER STATE OF CONTRIBUTIONS CORRESPONDING TO SUCH PERIODS - NOT PERMITTED

( REGULATION NO 1408/71 OF THE COUNCIL ART . 48 ( 2 ))

Summary

1 . PURSUANT TO ARTICLE 48 ( 2 ) OF REGULATION NO 1408/71 THE NATIONAL INSTITUTION COMPETENT IN RETIREMENT PENSION MATTERS MUST TAKE ACCOUNT OF PERIODS OF INSURANCE OF LESS THAN ONE YEAR COMPLETED BY THE WORKER UNDER THE LEGISLATION OF OTHER MEMBER STATES EVEN IF THE RIGHT TO A PENSION ARISES UNDER NATIONAL LEGISLATION ALONE .

2 . A MEMBER STATE IS NOT ENTITLED TO REQUIRE THE PAYMENT BY THE WORKER OF CONTRIBUTIONS CORRESPONDING TO THE PERIODS OF INSURANCE REFERRED TO IN ARTICLE 48 OF REGULATION NO 1408/71 AND COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES OR THE TRANSFER OF THE CONTRIBUTIONS FOR THOSE PERIODS WHICH MAY HAVE BEEN PAID IN SUCH MEMBER STATES .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - APPLICATION RATIONE TEMPORIS - PRINCIPLE THAT THEY MAY NOT BE RETROACTIVE - EXCEPTIONS - CONDITIONS

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION TO EXPORTS OF MILK PRODUCTS FROM THE UNITED KINGDOM BETWEEN 1 AND 25 APRIL 1980 - REGULATION NO 1011/80 - RETROACTIVE CONFIRMATION - LIMITS - RIGHTS ACQUIRED BY OPERATORS

( COUNCIL REGULATION NO 1011/80 , ARTICLE 1 )

Summary

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

2 . ARTICLE 1 OF COUNCIL REGULATION NO 1011/80 OF 23 APRIL 1980 RETROACTIVELY CONFIRMED THE APPLICATION BY THE COMPETENT NATIONAL AUTHORITY OF MONETARY COMPENSATORY AMOUNTS TO EXPORTS OF MILK PRODUCTS FROM THE UNITED KINGDOM TO OTHER MEMBER STATES BETWEEN 1 AND 25 APRIL 1980 , THOSE AMOUNTS BEING GRANTED IN ACCORDANCE WITH COMMISSION REGULATION NO 846/80 , THAT IS TO SAY IN RELATION TO THE ECU AND TAKING ACCOUNT OF THE FRANCHISE OF 1.50 POINTS , WITHOUT PREJUDICE , HOWEVER , TO RIGHTS DEFINITELY CONFERRED ON OPERATORS BY INDIVIDUAL DECISIONS ADOPTED BY THE COMPETENT NATIONAL AUTHORITY BETWEEN 1 AND 25 APRIL 1980 .
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PROCEDURE - RAISING OF A FRESH ISSUE DURING PROCEEDINGS - CONDITION - NEW MATTER - CONCEPT

( RULES OF PROCEDURE , ART . 42 ( 2 ))

Summary

FOR A NEW FACT TO BE ABLE TO JUSTIFY THE RAISING OF A FRESH ISSUE DURING THE PROCEEDINGS THE FACT MUST NOT HAVE EXISTED OR MUST NOT HAVE BEEN KNOWN TO THE APPLICANT WHEN THE ACTION WAS COMMENCED . SINCE MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS ARE PRESUMED TO BE VALID UNTIL SUCH TIME AS THE COURT MAY DECLARE THEM INCOMPATIBLE WITH THE TREATIES ESTABLISHING THE COMMUNITIES , A JUDGMENT OF THE COURT FINDING THAT THERE IS NOTHING CAPABLE OF AFFECTING THE VALIDITY OF A MEASURE CANNOT BE REGARDED AS A MATTER ALLOWING THE RAISING OF A FRESH ISSUE IN OTHER PROCEEDINGS .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION ON THE SALE OF SILVER-PLATED ARTICLES NOT BEARING A LAWFUL HALLMARK - APPLICATION TO SIMILAR ARTICLES IMPORTED FROM OTHER MEMBER STATES - PERMISSIBILITY - CONDITIONS - ASSESSMENT BY THE NATIONAL COURT

( EEC TREATY , ART . 30 )

Summary

ARTICLE 30 OF THE TREATY DOES NOT PREVENT A MEMBER STATE FROM APPLYING NATIONAL RULES PROHIBITING THE SALE OF SILVER-PLATED ARTICLES NOT STAMPED WITH A HALLMARK WHICH COMPLIES WITH THE REQUIREMENTS OF THOSE RULES TO LIKE ARTICLES IMPORTED FROM ANOTHER MEMBER STATE IN WHICH THEY HAVE BEEN LAWFULLY MARKETED , PROVIDED THAT SUCH ARTICLES HAVE NOT BEEN STAMPED , IN ACCORDANCE WITH THE LEGISLATION OF THE MEMBER STATE OF EXPORTATION , WITH A HALLMARK CONTAINING INFORMATION EQUIVALENT TO THAT PROVIDED BY THE HALLMARKS PRESCRIBED BY THE RULES OF THE MEMBER STATE OF IMPORTATION AND INTELLIGIBLE TO CONSUMERS OF THAT STATE . IT IS FOR THE NATIONAL COURT TO MAKE THE FINDINGS OF FACT NEEDED FOR THE PURPOSE OF DETERMINING WHETHER OR NOT SUCH EQUIVALENCE EXISTS BY REFERENCE TO THE INTERPRETATIVE CRITERIA SPECIFIED BY THE COURT .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' ESSENTIAL OILS AND RESINOIDS ' ' WITHIN THE MEANING OF HEADING 33.01 - PIPERINE - EXCLUSION

Summary

' ' ESSENTIAL OILS AND RESINOIDS ' ' OF PRODUCTS WHICH CONTAIN , IN ADDITION TO ODORIFEROUS SUBSTANCES , A FAR HIGHER PROPORTION OF OTHER PLANT SUBSTANCES , SUCH AS CHLOROPHYLL , TANNINS , BITTER PRINCIPLES OR OTHER FLAVOURING SUBSTANCES , CARBOHYDRATES AND OTHER EXTRACTIVE MATTER WHICH HELP TO DETERMINE THE TYPICAL CHARACTER OF THE PRODUCT , DO NOT FALL WITHIN HEADING 33.01 OF THE COMMON CUSTOMS TARIFF . IN PARTICULAR , A PRODUCT SUCH AS PIPERINE IS NOT AMONG THE ODORIFEROUS SUBSTANCES WHICH FALL WITHIN THE SAID TARIFF HEADING , SINCE ITS ESSENTIAL CHARACTERISTICS ARE DETERMINED LARGELY BY TASTE AND NOT BY SMELL .
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NON-CONTRACTUAL LIABILITY - REQUIREMENTS - ACCUSATION OF UNLAWFUL CONDUCT - DAMAGE - CAUSAL CONNECTION

( EEC TREATY , ART . 215 , SECOND PARA .)

Summary

IT APPEARS FROM ARTICLE 215 OF THE EEC TREATY THAT THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPENDS ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE UNLAWFULNESS OF THE CONDUCT OF WHICH THE INSTITUTIONS ARE ACCUSED , THE REALITY OF THE DAMAGE AND THE EXISTENCE OF A CAUSAL CONNECTION BETWEEN THAT CONDUCT AND THE DAMAGE IN QUESTION .

HENCE THE COMMUNITY CANNOT BE REGARDED AS HAVING INCURRED LIABILITY EXCEPT IN THE PRESENCE OF ALL THE CONDITIONS TO WHICH THE DUTY TO MAKE GOOD ANY DAMAGE , AS DEFINED IN THE SECOND PARAGRAPH OF ARTICLE 215 , IS SUBJECT .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - PROHIBITION - SCOPE

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

2 . EEC- EXTERNAL RELATIONS - PRINCIPLE OF NON-DISCRIMINATION - NO SUCH PRINCIPLE

3 . COMMON COMMERCIAL POLICY - TRADE WITH NON-MEMBER COUNTRIES - PROTECTIVE MEASURES ADOPTED BY THE COMMUNITY - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 110 )

4 . COMMON COMMERCIAL POLICY - REGULATION THEREOF BY THE COMMUNITY INSTITUTIONS - DISCRETIONARY POWER - LEGITIMATE EXPECTATION OF TRADERS IN THE MAINTENANCE OF AN EXISTING SITUATION - NONE

Summary

1 . THE PROHIBITION OF DISCRIMINATION CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPAL OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE MEANS THAT LIKE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENT TREATMENT IS OBJECTIVELY JUSTIFIED .

2 . THE TREATY CONTAINS NO GENERAL PRINCIPLE WHICH MAY BE RELIED UPON BY TRADERS , COMPELLING THE COMMUNITY IN ITS EXTERNAL RELATIONS TO ACCORD EQUAL TREATMENT IN ALL RESPECTS TO NON-MEMBER COUNTRIES .

3 . ARTICLE 110 OF THE TREATY CANNOT BE INTERPRETED AS PROHIBITING THE COMMUNITY FROM ENACTING , UPON PAIN OF COMMITTING AN INFRINGEMENT OF THE TREATY , ANY MEASURE LIABLE TO AFFECT TRADE WITH NON-MEMBER COUNTRIES IN PARTICULAR WHERE THE ADOPTION OF SUCH A MEASURE IS MADE NECESSARY BY THE EXISTENCE IN THE COMMUNITY MARKET OF A RISK OF A SERIOUS DISTURBANCE WHICH MIGHT ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY AND WHERE THE MEASURE IS LEGALLY JUSTIFIED BY PROVISIONS OF COMMUNITY LAW .

4 . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR COMMERCIAL POLICY , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE INSTITUTIONS WITHIN THE LIMITS OF THEIR DISCRETIONARY POWER WILL BE MAINTAINED .