ddrg/super_eurlex huggingface dataset:
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Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - LEVY APPLICABLE ON THE DAY OF IMPORTATION - CONCEPT OF ' ' DAY OF IMPORTATION ' ' - INTERPRETATION - OBJECTIVE CRITERIA - EVENTS NOT ATTRIBUTABLE TO IMPORTER - EFFECT - NONE

Summary

THE ' ' DAY OF IMPORTATION ' ' WITHIN THE MEANING OF ARTICLE 15 ( 1 ) OF REGULATION NO 120/67 OF THE COUNCIL OF 13 JUNE 1967 CANNOT BE EARLIER THAN THAT ON WHICH THE GOODS WERE BROUGHT TO A PLACE DESIGNATED BY THE COMPETENT NATIONAL AUTHORITIES TO ENABLE THEM TO MAKE A REAL AND EFFECTIVE CUSTOMS INSPECTION .

A DELAY IN THE DISPATCH OF GOODS DUE TO EVENTS NOT ATTRIBUTABLE TO THE IMPORTER CANNOT AFFECT THE INTERPRETATION TO BE GIVEN TO ' ' DAY OF IMPORTATION ' ' WITHIN THE MEANING OF THE ABOVE-MENTIONED PROVISION .
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1 . PROCEEDINGS - TIME-LIMITS - EXPIRATION - RESULT - BARRING

( STATUTE OF THE COURT OF JUSTICE OF THE ECSC , ART . 39 )

2 . PROCEDURE - APPLICATION - CONDITIONS - DISREGARD - PUTTING IN ORDER - LIMITS

( RULES OF PROCEDURE , ART . 38 ( 7 ))

Summary

1 . IT FOLLOWS FROM THE LAST PARAGRAPH OF ARTICLE 39 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC THAT , APART FROM THE EXISTENCE OF UNFORESEEABLE CIRCUMSTANCES OR OF FORCE MAJEURE , DISREGARD OF THE TIME-LIMITS FOR BRINGING PROCEEDINGS RESULTS IN THE RIGHT OF ACTION ' S BEING BARRED .

2 . THERE IS NO POSSIBILITY OF PUTTING AN APPLICATION IN ORDER AS PROVIDED FOR IN ARTICLE 38 ( 7 ) OF THE RULES OF PROCEDURE WHERE THE APPLICATION IS ALREADY OUT OF TIME .
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1 . REFERENCES FOR PRELIMINARY RULING - COURT OF JUSTICE - NATIONAL COURTS OR TRIBUNALS - RESPECTIVE JURISDICTION

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - PRICE FORMATION MACHINERY - EXCLUSIVE COMMUNITY POWERS - INTERVENTION OF MEMBER STATES - PROHIBITION - BREACH - RIGHTS OF INDIVIDUALS

( REGULATION NO 3330/74 OF THE COUNCIL )

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - INTERNAL TAXATION - DISTINCTION

( EEC TREATY , ARTS . 9 , 13 ( 2 ) AND 95 )

Summary

1 . WITHIN THE FRAMEWORK OF THE PROCEDURE UNDER ARTICLE 177 OF THE TREATY , IT IS NOT FOR THE COURT TO APPLY THE COMMUNITY RULES WHICH IT HAS INTERPRETED TO NATIONAL MEASURES OR SITUATIONS . ON THE OTHER HAND IT IS INCUMBENT UPON THE NATIONAL COURTS TO DECIDE WHETHER OR NOT THE COMMUNITY RULE AS INTERPRETED BY THE COURT UNDER ARTICLE 177 APPLIES TO THE FACTS AND MEASURES WHICH ARE BROUGHT BEFORE THEM FOR THEIR ASSESSMENT .

2 . UNDER REGULATION ( EEC ) NO 3330/74 THE COMMUNITY IS , IN THE ABSENCE OF EXPRESS DEROGATION , ALONE COMPETENT TO ADOPT SPECIFIC MEASURES INVOLVING INTERVENTION IN THE MACHINERY OF PRICE FORMATION , IN PARTICULAR BY LIMITING THE EFFECTS OF AN ALTERATION IN THE LEVEL OF COMMUNITY PRICES , WHETHER AS REGARDS INTERVENTION PRICES OR THE RATE OF EXCHANGE OF THE NATIONAL CURRENCY IN RELATION TO THE UNIT OF ACCOUNT ; AN INFRINGEMENT IN THIS RESPECT OF REGULATION ( EEC ) NO 3330/74 MAY BE THE SUBJECT OF PROCEEDINGS BEFORE THE NATIONAL COURTS BROUGHT BY ANY NATURAL OR LEGAL PERSON WHOSE STOCKS HAVE BEEN SUBJECT TO THE NATIONAL MEASURE .

3 . A DUTY FALLING WITHIN A GENERAL SYSTEM OF INTERNAL TAXATION APPLYING TO DOMESTIC PRODUCTS AS WELL AS TO IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA CAN CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS ONLY IF IT HAS THE SOLE PURPOSE OF FINANCING ACTIVITIES FOR THE SPECIFIC ADVANTAGE OF THE TAXED DOMESTIC PRODUCT , IF THE TAXED PRODUCT AND THE DOMESTIC PRODUCT BENEFITING FROM IT ARE THE SAME , AND IF THE CHARGES IMPOSED ON THE DOMESTIC PRODUCT ARE MADE GOOD IN FULL .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - MEMBER STATES - IMPLEMENTATION OF COMMUNITY REGULATIONS - DESIGNATION OF COMPETENT INSTITUTIONS - APPORTIONMENT OF POWERS AMONGST A NUMBER OF INSTITUTIONS - PERMISSIBILITY - CONDITIONS

( REGULATIONS NOS 2759/75 AND 2763/75 OF THE COUNCIL ; COMMISSION REGULATION NO 1889/76 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - PRIVATE STORAGE AIDS - ACQUISITION OF THE RIGHT TO AID - BELATED TRANSMISSION OF DOCUMENTS - UNIMPORTANCE OF SUCH DOCUMENTS

( COMMISSION REGULATION NO 1889/76 , ARTS . 3 ( 2 ) ( A ) AND 6 ( 2 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - PRIVATE STORAGE AIDS - SYSTEM OF DEPOSITS - CONDITIONS CONCERNING LEGALITY - PROPORTIONALITY - FORFEITURE OF THE DEPOSIT ACCORDING TO THE DEGREE OF FAILURE TO IMPLEMENT THE CONTRACT

( REGULATION NO 2763/75 OF THE COUNCIL , ART . 4 ( 2 ) ( B ); COUNCIL REGULATION NO 1889/76 , ART . 5 ( 2 )).

Summary

1 . IT IS FOR EACH MEMBER STATE TO DETERMINE THE INSTITUTIONS WHICH ARE EMPOWERED WITHIN ITS DOMESTIC LEGAL SYSTEM TO ADOPT MEASURES IN IMPLEMENTATION OF REGULATIONS NO 2759/75 OF THE COUNCIL ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , NO 2763/75 OF THE COUNCIL LAYING DOWN GENERAL RULES FOR GRANTING PRIVATE STORAGE AID FOR PIGMEAT AND NO 1889/76 OF THE COMMISSION LAYING DOWN DETAILED RULES FOR GRANTING PRIVATE STORAGE AID FOR PIGMEAT . THE MEMBER STATES MAY APPORTION AMONGST SEVERAL NATIONAL , INSTITUTIONS THE TASK OF ADOPTING THE VARIOUS NECESSARY IMPLEMENTING MEASURES . IN THIS LATTER CASE IT IS HOWEVER INCUMBENT ON THE SAID NATIONAL INSTITUTIONS TO ENSURE BY APPROPRIATE MEANS THAT THE MEASURES WHICH THEY ADOPT ARE CO-ORDINATED IN SUCH A WAY THAT THEY DO NOT JEOPARDIZE THE PROPER FUNCTIONING OF THE ORGANIZATION OF THE MARKET .

2 . THE BELATED TRANSMISSION TO THE COMPETENT INTERVENTION AGENCY OF THE DOCUMENTS RELATING TO THE VARIOUS STORAGE OPERATIONS DOES NOT PREVENT THE ACQUISITION OF THE RIGHT TO AID WITHIN THE MEANING OF ARTICLE 6 ( 2 ) OF REGULATION NO 1889/76 PROVIDED THAT THE OBLIGATIONS SET OUT IN ARTICLE 3 ( 2 ) OF THE SAID REGULATION HAVE BEEN FULFILLED IN THEIR ENTIRETY .

3 . THE ABSOLUTE NATURE OF ARTICLE 5 ( 2 ) OF REGULATION NO 1889/76 IS CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY IN THAT IT DOES NOT PERMIT THE PENALTY FOR WHICH IT PROVIDES TO BE MADE COMMENSURATE WITH THE DEGREE OF FAILURE TO IMPLEMENT THE CONTRACTUAL OBLIGATIONS OR WITH THE SERIOUSNESS OF THE BREACH OF THOSE OBLIGATIONS .

ACCORDINGLY , NOTWITHSTANDING THE PROVISIONS OF THAT ARTICLE , ARTICLE 4 ( 2 ) ( B ) OF REGULATION NO 2763/75 OF THE COUNCIL REMAINS APPLICABLE IN THE SENSE THAT THE COMPETENT AUTHORITY MAY DECLARE THE DEPOSIT FORFEIT IN WHOLE OR IN PART ACCORDING TO THE GRAVITY OF THE BREACH OF THE CONTRACTUAL OBLIGATIONS .
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1 . COMPETITION - DOMINANT POSITION - MARKET IN QUESTION - MARKET FOR SPARE PARTS - DEFINITION

( EEC TREATY , ART . 86 )

2 . COMPETITION - DOMINANT POSITION - CONCEPT

( EEC TREATY , ART . 86 )

3 . COMPETITION - AGREEMENTS AND DOMINANT POSITION - EFFECTS ON TRADE BETWEEN MEMBER STATES - CONDITION FOR THE APPLICATION OF COMMUNITY RULES

( EEC TREATY , ARTS . 85 AND 86 )

4 . COMPETITION - DOMINANT POSITION - ABUSE - EFFECTS ON TRADE BETWEEN MEMBER STATES - CONDITION - ACTUAL OR POTENTIAL EXISTENCE OF NORMAL PATTERN OF TRADE BETWEEN THE MEMBER STATES

( EEC TREATY , ART . 86 )

Summary

1 . TO DETERMINE WHETHER AN UNDERTAKING OCCUPIES A DOMINANT POSITION IT IS NECESSARY FIRST TO DETERMINE THE RELEVANT MARKET . AS REGARDS THE SUPPLY OF SPARE PARTS IT IS NECESSARY TO ASCERTAIN , TO THAT END , WHETHER SUCH SUPPLY CONSTITUTES A SPECIFIC MARKET OR WHETHER IT FORMS PART OF A WIDER MARKET . TO ANSWER THAT QUESTION IT IS NECESSARY TO DETERMINE THE CATEGORY OF CLIENTS WHO REQUIRE SUCH PARTS .

2 . THE MANUFACTURER OF A PRODUCT OCCUPIES A DOMINANT POSITION WHEN IT IS IN A POSITION WHICH ENABLES IT TO DETERMINE ITS CONDUCT WITHOUT TAKING ACCOUNT OF COMPETING SOURCES OF SUPPLY .

3 . THE INTERPRETATION AND APPLICATION OF THE CONDITION RELATING TO EFFECTS ON TRADE BETWEEN MEMBER STATES CONTAINED IN ARTICLES 85 AND 86 OF THE TREATY MUST BE BASED ON THE PURPOSE OF THAT CONDITION WHICH IS TO DEFINE , IN THE CONTEXT OF THE LAW GOVERNING COMPETITION , THE BOUNDARY BETWEEN THE AREAS RESPECTIVELY COVERED BY COMMUNITY LAW AND THE LAW OF THE MEMBER STATES . THUS COMMUNITY LAW COVERS ANY AGREEMENT OR ANY PRACTICE WHICH IS CAPABLE OF CONSTITUTING A THREAT TO FREEDOM OF TRADE BETWEEN MEMBER STATES IN A MANNER WHICH MIGHT HARM THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN THE MEMBER STATES , IN PARTICULAR BY PARTITIONING THE NATIONAL MARKETS OR BY AFFECTING THE STRUCTURE OF COMPETITION WITHIN THE COMMON MARKET . ON THE OTHER HAND CONDUCT THE EFFECTS OF WHICH ARE CONFINED TO THE TERRITORY OF A SINGLE MEMBER STATE IS GOVERNED BY THE NATIONAL LEGAL ORDER .

4 . IF THE RESTRICTIVE SALES POLICY OF A PRODUCER PREVENTS A POTENTIAL CLIENT , ESTABLISHED IN THE SAME MEMBER STATE , FROM SATISFYING ITS SPARE PARTS REQUIREMENTS THROUGH NORMAL COMMERCIAL CHANNELS , THAT IS TO SAY ON THE NATIONAL MARKET , AND IT IS THUS INDUCED TO ATTEMPT TO OBTAIN THE PRODUCT IN QUESTION IN THE OTHER MEMBER STATES , THOSE ATTEMPTS CANNOT BE REGARDED AS AN INDICATION OF THE EXISTENCE , WHETHER ACTUAL OR POTENTIAL , OF A NORMAL PATTERN OF TRADE BETWEEN THE MEMBER STATES IN THE PRODUCT . IN THOSE CIRCUMSTANCES THE PRODUCER ' S CONDUCT IS NOT CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY .
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1 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 - OBJECTIVE - RESTRICTIONS AUTHORIZED - CONDITIONS FOR PERMISSIBILITY

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - DEROGATIONS - DIRECTIVE ON HEALTH PROBLEMS IN INTRA-COMMUNITY TRADE IN FRESH MEAT - NO EFFECT

( EEC TREATY , ART . 30 AND 36 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONDITIONS RELATING TO IMPORTS OF MEAT PRODUCTS - PROHIBITED - DEROGATIONS - PROTECTION OF HUMAN HEALTH - NOT APPLICABLE

( CEE TREATY , ART . 30 AND 36 )

Summary

1 . THE PURPOSE OF ARTICLE 36 OF THE TREATY IS NOT TO RESERVE CERTAIN MATTERS TO THE EXCLUSIVE JURISDICTION OF THE MEMBER STATES ; IT MERELY ALLOWS NATIONAL LEGISLATION TO DEROGATE FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS TO THE EXTENT TO WHICH THIS IS AND REMAINS JUSTIFIED IN ORDER TO ACHIEVE THE OBJECTIVES SET OUT IN THE ARTICLE . SINCE THE RESTRICTIVE MEASURES AUTHORIZED BY ARTICLE 36 DEROGATE FROM THE FUNDAMENTAL PRINCIPLE OF THE FREE MOVEMENT OF GOODS , THEY ARE IN ACCORDANCE WITH THE TREATY ONLY IN SO FAR AS THEY ARE ' ' JUSTIFIED ' ' , THAT IS TO SAY , NECESSARY IN ORDER , IN THIS CASE , TO ENSURE THE PROTECTION OF HUMAN HEALTH AND LIFE .

2 . ARTICLE 6 OF COUNCIL DIRECTIVE NO 64/433 ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN FRESH MEAT , ACCORDING TO WHICH THE PROVISIONS OF THE DIRECTIVE DO NOT AFFECT MEMBER STATES ' NATIONAL PROVISIONS CONCERNING CERTAIN TYPES OF FRESH MEAT , COULD NOT HAVE THE PURPOSE OR EFFECT OF MODIFYING THE SCOPE OF THE OBLIGATIONS IMPOSED ON MEMBER STATES BY ARTICLES 30 AND 36 OF THE TREATY .

3 . A NATIONAL LEGAL PROVISION PROHIBITING THE IMPORT FROM OTHER MEMBER STATES OF MEAT PRODUCTS MANUFACTURED FROM MEAT NOT COMING FROM THE COUNTRY OF MANUFACTURE OF THE FINISHED PRODUCT CANNOT BE JUSTIFIED BY THE POSSIBILITY THAT MEAT PRODUCTS HAVE BEEN MANUFACTURED FROM THE MEAT OF ANIMALS WHICH HAVE BEEN SLAUGHTERED IN THIRD COUNTRIES .

A PROVISION OF THAT NATURE IS NOT NECESSARY EITHER TO DIMINISH THE RISK OF UNWHOLESOMENESS OF IMPORTED MEAT PRODUCTS COMING FROM AN ESTABLISHMENT SITUATED IN ANOTHER MEMBER STATE , OR TO ENSURE EFFECTIVE HEALTH CONTROLS WITH REGARD TO SUCH PRODUCTS AT THE TIME OF IMPORTATION . THUS IT CONSTITUTES BOTH AN OBSTACLE TO THE FREE MOVEMENT OF MEAT PRODUCTS WHICH IS SUPERFLUOUS AND IN ANY EVENT DISPROPORTIONATE TO ITS OBJECTIVE , AND DISCRIMINATION AGAINST MEAT-PROCESSING ESTABLISHMENTS WHICH IMPORT THEIR RAW MATERIAL FROM ANOTHER MEMBER STATE IN COMPARISON WITH THEIR COMPETITORS WHO OBTAIN SUPPLIES OF FRESH MEAT FROM SLAUGHTERHOUSES IN THEIR OWN COUNTRY .
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SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES - CASH BENEFITS - CALCULATION - AVERAGE WAGE - DETERMINATION

( REGULATION NO 3 OF THE COUNCIL , ARTS . 18 ( 1 ) AND 13 ( 2 ))

Summary

ARTICLE 18 ( 1 ) OF REGULATION NO 3 OF THE COUNCIL CANNOT BE INTERPRETED AS MERELY DETERMINING THE LEGISLATION APPLICABLE FOR FIXING THE REFERENCE PERIOD FOR THE AVERAGE WAGE WITHOUT AFFECTING IN ANY WAY THE DETERMINATION OF THE REMUNERATION TO BE TAKEN INTO CONSIDERATION IN CALCULATING THE PENSION . IT IS CLEAR FROM BOTH THE WORDING AND THE OBJECTIVES OF THAT PROVISION THAT IT IS INTENDED TO ESTABLISH , WHERE , UNDER THE LEGISLATION OF ONE MEMBER STATE , THE BASIC WAGE EMPLOYED IN CALCULATING CASH BENEFITS IS THE AVERAGE WAGE OVER A GIVEN PERIOD , THE REMUNERATION OF WHICH THE COMPETENT INSTITUTION MUST TAKE ACCOUNT IN ORDER TO DETERMINE THAT WAGE . IT PROVIDES FOR THAT PURPOSE THAT THE REMUNERATION TO BE TAKEN INTO CONSIDERATION IS THE WAGE ' ' OBTAINED ' ' DURING THE PERIODS OF WORK COMPLETED UNDER THE LEGISLATION OF SUCH STATE .

IF , HAVING REGARD TO THE PROVISIONS OF ARTICLES 12 TO 15 OF THE REGULATION , THE LEGISLATION APPLICABLE IS THAT OF THE MEMBER STATE ON WHOSE TERRITORY THE WORKER WAS EMPLOYED AT THE TIME WHEN THE ACCIDENT OCCURRED , THE WAGE ' ' OBTAINED ' ' WITHIN THE MEANING OF ARTICLE 18 ( 1 ) CONSTITUTES ONLY THE WAGES PAID IN THE REFERENCE PERIOD , ESTABLISHED IN ACCORDANCE WITH THAT LEGISLATION , ON THE TERRITORY OF THAT STATE .

CONSEQUENTLY , IN PURSUANCE OF ARTICLES 18 ( 1 ) AND 30 ( 2 ) OF THE REGULATION , WHERE , UNDER THE LEGISLATION OF ONE OF THE MEMBER STATES , THE BASIC WAGE TO BE RECKONED FOR THE CALCULATION OF CASH BENEFITS DUE TO A PERSON WHO HAS SUSTAINED AN ACCIDENT AT WORK AND WHO HAS WORKED SUCCESSIVELY IN ONE OR MORE MEMBER STATES IS THE AVERAGE WAGE FOR A GIVEN PERIOD , SUCH AVERAGE WAGE IS TO BE DETERMINED SOLELY BY REFERENCE TO THE WAGES PAID IN THE STATE IN WHICH THE PERSON CONCERNED WAS WORKING AT THE TIME OF THE ACCIDENT , IN ACCORDANCE WITH THE RULES AND THE METHOD OF CALCULATION PREVAILING IN THAT STATE .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - FIXED AMOUNTS GRANTED TO A MEMBER STATE - OBLIGATION TO SUBMIT REPORTS ON EXPENDITURE INCURRED

( REGULATION NO 130/66 OF THE COUNCIL , ART . 4 ( 3 ), AS AMENDED BY REGULATION NO 966/71 ; REGULATION NO 159/66 OF THE COUNCIL , ART . 12 ( 4 ))

2 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF COMMUNITY LAW - FAILURE - JUSTIFICATION - NONE

( EEC TREATY , ART . 169 )

Summary

1 . THE REPORTS REQUIRED BY ARTICLE 4 ( 3 ) OF REGULATION NO 130/66 ON EXPENDITURE INCURRED WITHIN THE FRAMEWORK OF THE FIXED AMOUNTS GRANTED TO A MEMBER STATE BY THE EAGGF FOR IMPROVEMENTS IN THE PRODUCTION AND MARKETING OF CERTAIN PRODUCTS MUST BE ON THE SUMS PAID TO RECIPIENTS AFTER THE WORKS HAVE BEEN COMPLETED AND NOT ON THE EXPENDITURE COMMITTED TO FUTURE WORKS OR WORKS IN PROGRESS .

2 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY THE FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY RULES .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 34 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF MANUFACTURE OF MEAT PRODUCTS BASED ON HORSEMEAT - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 34 )

Summary

1 . ARTICLE 34 OF THE TREATY CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION AT THE EXPENSE OF THE PRODUCTION OR OF THE TRADE OF OTHER MEMBER STATES .

2 . IN THE ABSENCE OF SPECIFIC COMMUNITY RULES A NATIONAL MEASURE PROHIBITING ALL MANUFACTURERS OF MEAT PRODUCTS FROM HAVING IN STOCK OR PROCESSING HORSEMEAT IS NOT INCOMPATIBLE WITH ARTICLE 34 OF THE TREATY IF IT DOES NOT DISCRIMINATE BETWEEN PRODUCTS INTENDED FOR EXPORT AND THOSE MARKETED WITHIN THE MEMBER STATE IN QUESTION .
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1 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARDS - SECRECY OF PROCEEDINGS - EXTENT

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

2 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARDS - REFUSAL OF ADMISSION TO THE TESTS - OBLIGATION TO GIVE A STATEMENT OF REASONS - EXTENT

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )

Summary

1 . THE SECRECY OF THE PROCEEDINGS OF SELECTION BOARDS FOR COMPETITIONS WAS INTRODUCED BY ARTICLE 6 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS WITH A VIEW TO GUARANTEEING THE INDEPENDENCE OF SELECTION BOARDS AND THE OBJECTIVITY OF THEIR PROCEEDINGS , BY PROTECTING THEM FROM ALL EXTERNAL INTERFERENCE AND PRESSURES WHETHER THESE COME FROM THE COMMUNITY ADMINISTRATION ITSELF OR THE CANDIDATES CONCERNED OR THIRD PARTIES . CONSEQUENTLY OBSERVANCE OF THIS SECRECY RUNS COUNTER TO DIVULGING THE ATTITUDES ADOPTED BY INDIVIDUAL MEMBERS OF SELECTION BOARDS AND ALSO TO REVEALING ALL THE FACTORS RELATING TO INDIVIDUAL OR COMPARATIVE ASSESSMENTS OF CANDIDATES . HOWEVER THE SCOPE OF THIS SECRECY CANNOT BE WIDENED TO SUCH AN EXTENT AS TO REFUSE DISCLOSURE OF OBJECTIVE FACTS AND IN PARTICULAR OF THE CRITERIA FOR ASSESSMENT UPON WHICH SELECTION HAS BEEN BASED , AT THE STAGE OF THE PRELIMINARY PROCEEDINGS OF THE COMPETITION , WHICH ENABLES THOSE WHOSE APPLICATIONS HAVE BEEN REJECTED EVEN BEFORE ANY INDIVIDUAL TEST TO ASCERTAIN THE POSSIBLE REASONS FOR THEIR ELIMINATION .

2 . THE REQUIREMENT THAT SELECTION BOARDS FOR COMPETITIONS GIVE A STATEMENT OF THE REASONS FOR DECISIONS REFUSING TO ADMIT A CANDIDATE TO THE TESTS MUST BE EVALUATED HAVING REGARD TO THE DIFFERENT LEVELS AND TYPES OF COMPETITION AND , MORE PARTICULARLY , TO THE NUMBER OF CANDIDATES COMPETING IN EACH OF THEM . IN THE CASE OF COMPETITIONS WHERE THE CANDIDATES ARE MORE NUMEROUS , THE STATEMENT OF THE REASONS FOR THE REJECTION OF APPLICATIONS MUST NOT BE SO VOLUMINOUS AS TO PLACE AN INTOLERABLE BURDEN ON THE BUSINESS OF THE SELECTION BOARDS AND THE WORK OF PERSONNEL ADMINISTRATION .
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OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - EDUCATION ALLOWANCE - ACTUAL EDUCATION COSTS - COST OF ACCOMMODATION IN AN EDUCATIONAL ESTABLISHMENT - INCLUSION

( STAFF REGULATIONS , ANNEX VII , ART . 3 )

Summary

SINCE THE COST OF ACCOMMODATION IN AN ESTABLISHMENT IN WHICH A CHILD IS EDUCATED ARE AN ADDITION TO THE EXPENSES NORMALLY BORNE BY THE HEAD OF HOUSEHOLD THEY CONSTITUTE ' ' ACTUAL EDUCATION COSTS ' ' WITHIN THE MEANING OF ARTICLE 3 OF ANNEX VII TO THE STAFF REGULATIONS OF OFFICIALS . THE OFFICIAL ON WHOM THE CHILD DEPENDS AND WHO FULFILS THE CONDITIONS LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 3 OF ANNEX VII IS ACCORDINGLY ENTITLED TO THE REIMBURSEMENT OF THE SAID COST UP TO THE AMOUNT LAID DOWN BY THAT PROVISION .
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1 . APPLICATION FOR ANNULMENT - ACTS CAPABLE OF FORMING BASIS FOR ACTION - ACT NOT PRODUCING ANY LEGAL EFFECT - EXCLUSION

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKET - EXPORT REFUNDS - INTERPRETATION BY COMMISSION OF COMMUNITY PROVISIONS - NOT BINDING ON NATIONAL AUTHORITIES

3 . APPLICATION FOR DAMAGES - APPLICATION AGAINST AN EXPRESSION OF OPINION BY THE COMMISSION ON THE OCCASION OF NATIONAL MEASURES OF EXECUTION - INADMISSIBILITY

( EEC TREATY , ARTS . 178 AND 215 , SECOND PARAGRAPH )

Summary

1 . A WRITTEN EXPRESSION OF OPINION FROM A COMMUNITY INSTITUTION CANNOT CONSTITUTE A DECISION OF SUCH A NATURE AS TO FORM THE BASIS OF AN ACTION FOR ANNULMENT UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY SINCE IT IS NEITHER CAPABLE OF PRODUCING NOR INTENDED TO PRODUCE ANY LEGAL EFFECT .

2 . THE APPLICATION OF COMMUNITY PROVISIONS ON EXPORT REFUNDS IS A MATTER FOR THE NATIONAL BODIES APPOINTED FOR THAT PURPOSE . THE COMMISSION HAS NO POWER TO TAKE DECISIONS ON THEIR INTERPRETATION BUT MAY ONLY EXPRESS ITS OPINION , WHICH IS NOT BINDING UPON THE NATIONAL AUTHORITIES .

3 . AN ACTION FOR COMPENSATION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY , WHICH IS BASED ON CONDUCT BY THE COMMISSION FORMING PART OF THE INTERNAL CO-OPERATION BETWEEN THE COMMISSION AND THE NATIONAL BODIES RESPONSIBLE FOR APPLYING COMMUNITY RULES IN THIS FIELD IS IN PRINCIPLE INADMISSIBLE ; AS A GENERAL RULE SUCH CO-OPERATION CANNOT MAKE THE COMMUNITY LIABLE TO INDIVIDUALS .

THAT IS IN ANY CASE THE POSITION WHERE IT IS NOT THE COMMISSION ' S EXPRESSION OF OPINION BUT SOLELY THE NATIONAL AUTHORITY ' S DECISION RATIFYING IT WHICH MIGHT BE REGARDED AS CAUSING DAMAGE TO THE APPLICANT . INDEED , A REVIEW OF ADMINISTRATIVE ACTS OF MEMBER STATES IN APPLYING COMMUNITY LAW IS PRIMARILY A MATTER FOR NATIONAL COURTS , WITHOUT PREJUDICE TO THEIR POWER TO REFER QUESTIONS FOR A PRELIMINARY RULING TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY . IN THESE CIRCUMSTANCES THE REMEDY TO BE ENVISAGED IN SUCH A CASE IS AN ACTION BEFORE THE NATIONAL COURTS .
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1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - PARTIAL IMPLEMENTATION - FAILURE TO FULFIL

( EEC TREATY , ART . 169 )

2 . MEASURES ADOPTED BY INSTITUTIONS - LEGAL NATURE - DECISIONS AND DIRECTIVES - TREATMENT AS INTERNATIONAL AGREEMENT - NOT PERMISSIBLE

( EEC TREATY , ART . 189 )

3 . HARMONIZATION OF LAWS - PROTECTION OF THE ENVIRONMENT - LEGAL BASIS OF DIRECTIVES - ARTICLE 100 OF THE TREATY - PERMISSIBILITY

( EEC TREATY , ART . 100 )

4 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

1 . MEMBER STATES ARE OBLIGED TO ENSURE THE FULL AND EXACT APPLICATION OF THE PROVISIONS OF ANY DIRECTIVE . CONSEQUENTLY THERE IS A FAILURE ON THE PART OF THE MEMBER STATE CONCERNED TO FULFIL ITS OBLIGATIONS SO LONG AS IT HAS NOT COMPLETELY COMPLIED WITH A DIRECTIVE EVEN IF IT HAS TO A LARGE EXTENT ALREADY SECURED THE OBJECTIVES OF THE DIRECTIVE .

2 . A MEASURE WHICH HAS THE FEATURES OF A COMMUNITY DECISION OR DIRECTIVE WHEN VIEWED IN THE LIGHT OF ITS OBJECTIVE AND THE INSTITUTIONAL FRAMEWORK WITHIN WHICH IT HAS BEEN DRAWN UP CANNOT BE DESCRIBED AS AN ' ' INTERNATIONAL AGREEMENT ' ' .

3 . DIRECTIVES ON THE ENVIRONMENT MAY BE BASED UPON ARTICLE 100 OF THE TREATY SINCE PROVISIONS WHICH ARE MADE NECESSARY BY CONSIDERATIONS RELATING TO THE ENVIRONMENT AND HEALTH MAY BE A BURDEN UPON THE UNDERTAKINGS TO WHICH THEY APPLY AND IF THERE IS NO HARMONIZATION OF NATIONAL PROVISIONS ON THE MATTER COMPETITION MAY BE APPRECIABLY DISTORTED .

4 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .