ddrg/super_eurlex huggingface dataset:
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1 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - MEANING - SAME MEANING IN THE TREATY AND IN THE AGRICULTURAL REGULATIONS

( EEC TREATY, ARTICLE 9 )

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - MEANING - UNLOADING CHARGE - INADMISSIBILITY

( EEC TREATY, ARTICLES 9, 13 ( 2 ))

3 . ACTS OF AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - MEANING

( EEC TREATY 189 )

4 . ACTS OF AN INSTITUTION - REGULATION - REPEAL - PRIVATE RIGHTS - VALIDITY

( EEC TREATY 189 )

5 . COMMUNITY LEGAL ORDER - PRIMACY OVER NATIONAL LAW - COMMUNITY RULES - ENTRY INTO FORCE - DATE - ALTERATION BY MEMBER STATES - INADMISSIBILITY

Summary

1 . THE CONCEPT OF " CHARGE HAVING EQUIVALENT EFFECT " UNDER THE AGRICULTURAL REGULATIONS MUST BE TAKEN TO HAVE THE SAME MEANING AS IN ARTICLES 9 ET SEQ . OF THE TREATY .

2 . THE PROHIBITION OF ALL CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT COVERS ANY CHARGE LEVIED AT THE TIME OR BY REASON OF IMPORTATION AND WHICH, SPECIFICALLY AFFECTING THE IMPORTED PRODUCT AND NOT THE HOME-PRODUCED PRODUCT, HAS THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .

ACCORDINGLY, A CHARGE IMPOSED EXCLUSIVELY ON IMPORTED GOODS BECAUSE THEY HAVE BEEN UNLOADED IN HOME PORTS CONSTITUTES A " CHARGE HAVING EQUIVALENT EFFECT " AND IS PROHIBITED .

3 . OWING TO ITS VERY NATURE AND ITS PLACE IN THE SYSTEM OF SOURCES OF COMMUNITY LAW, A REGULATION HAS IMMEDIATE EFFECT AND, CONSEQUENTLY, OPERATES TO CONFER RIGHTS ON PRIVATE PARTIES WHICH THE NATIONAL COURTS HAVE A DUTY TO PROTECT .

THE DIRECT APPLICATION OF A REGULATION MEANS THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT ARE INDEPENDENT OF ANY MEASURE OF RECEPTION INTO NATIONAL LAW .

A LEGISLATIVE PROVISION OF NATIONAL LAW REPRODUCING THE CONTENT OF A DIRECTLY APPLICABLE RULE OF COMMUNITY LAW CAN IN NO WAY AFFECT DIRECT APPLICABILITY, OR THE COURT' S JURISDICTION UNDER THE TREATY .

4 . IN THE ABSENCE OF VALID PROVISION TO THE CONTRARY, REPEAL OF A REGULATION DOES NOT MEAN ABOLITION OF THE PRIVATE RIGHTS IT CREATED .

5 . A LEGISLATIVE PROVISION OF INTERNAL LAW CANNOT BE SET UP AGAINST THE DIRECT APPLICATION, IN THE LEGAL ORDER OF MEMBER STATES, OF REGULATIONS OF THE COMMUNITY AND OTHER PROVISIONS OF COMMUNITY LAW WITHOUT COMPROMISING THE ESSENTIAL CHARACTER OF COMMUNITY RULES AND THE FUNDAMENTAL PRINCIPLE THAT THE COMMUNITY LEGAL SYSTEM IS SUPREME .

THIS IS PARTICULARLY TRUE AS REGARDS THE DATE FROM WHICH THE COMMUNITY RULE BECOMES OPERATIVE AND CREATES RIGHTS IN FAVOUR OF PRIVATE PARTIES .

THE FREEDOM OF MEMBER STATES, WITHOUT EXPRESS AUTHORITY, TO VARY THE DATE ON WHICH A COMMUNITY RULE COMES INTO FORCE IS EXCLUDED BY REASON OF THE NEED TO ENSURE UNIFORM AND SIMULTANEOUS APPLICATION OF COMMUNITY LAW THROUGHOUT THE COMMUNITY .
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AGRICULTURE - CEREALS - RICE - EXPORT REFUNDS - PROCESSED PRODUCTS - CLASSIFICATION - FATS - FAT CONTENT - EXAMINATION - ABSENCE OF COMMUNITY RULES - PROBATIVE VALUE - TO BE ASSESSED BY THE NATIONAL COURT

( REGULATION NO 2410/70 OF THE COMMISSION, ARTICLE 1; REGULATION NO 1052/68 OF THE COUNCIL, ARTICLE 11 )

Summary

ARTICLE 1 OF REGULATION NO 2410/70, READ IN CONJUNCTION WITH ARTICLE 11 OF REGULATION NO 1052/68, INVOLVES THAT IN THE ABSENCE OF COMMUNITY RULES ON THE SUBJECT THE NATIONAL COURT IS COMPETENT TO ASSESS THE PROBATIVE VALUE OF TESTS PERFORMED WITH A VIEW TO ASCERTAINING THE FAT CONTENT OF THE PRODUCTS LISTED AT THE ANNEX TO REGULATION NO 2410/70 UNDER TARIFF HEADINGS 11.02-A-V-(A ) AND 11.02-A-V-(B ).
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVIES AND REFUNDS - PROSECUTIONS AND PROCEEDINGS - POWERS OF MEMBER STATES

( REGULATON NO 729/70 OF THE COUNCIL, ARTICLES 4 AND 8; DECISION OF 21 APRIL 1970, ARTICLE 6 )

Summary

IT FOLLOWS FROM ARTICLES 4 AND 8 OF REGULATION NO 729/70 AS WELL AS ARTICLE 6 OF THE DECISION OF 21 APRIL 1970 THAT IT CONTINUES TO BE THE TASK OF MEMBER STATES TO UNDERTAKE PROSECUTIONS AND PROCEEDINGS FOR THE PURPOSE OF THE SYSTEM OF LEVIES AND REFUNDS AND TO CONTINUE TO TAKE STEPS TO THIS END VIS-A-VIS THE PARTIES INVOLVED .

IT FOLLOWS FROM THIS THAT THE POSITION OF THE MEMBER STATES AND OF THEIR AUTHORITIES WHICH ARE PARTIES TO THE LEGAL PROCEEDINGS IN RELATION TO THE REIMBURSEMENT OF COMMUNITY REVENUE EVADED ON SUMS IMPROPERLY PAID, HAS NOT BEEN AFFECTED BY THE CONSEQUENCES OF THE ATTRIBUTION TO THE COMMUNITY OF ITS OWN RESOURCES .
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1 . ACTS OF AN INSTITUTION - INTERNAL DIRECTIVE - BINDING NATURE

2 . OFFICIALS - REIMBURSEMENT OF EXPENSES - DAILY SUBSISTENCE ALLOWANCE - CONDITIONS OF GRANT

( STAFF REGULATIONS, ANNEX VII, ARTICLE 10 )

Summary

1 . ALTHOUGH AN INTERNAL DIRECTIVE HAS NOT THE CHARACTER OF A RULE OF LAW WHICH THE ADMINISTRATION IS BOUND TO OBSERVE, IT NEVERTHELESS SETS FORTH A RULE OF CONDUCT INDICATING THE PRACTICE TO BE FOLLOWED, FROM WHICH THE ADMINISTRATION MAY NOT DEPART WITHOUT GIVING REASONS WHICH HAVE LED IT TO DO SO, SINCE OTHERWISE THE PRINCIPLES OF EQUALITY OF TREATMENT WOULD BE INFRINGED .

2 . DAILY SUBSISTENCE ALLOWANCE IS DUE TO AN OFFICIAL WHO, TO COMPLY WITH THE OBLIGATION TO RESIDE IN THE PLACE WHERE HE IS EMPLOYED, MUST REMOVE TO A RESIDENCE OTHER THAN THAT WHICH HE OCCUPIED PREVIOUSLY, WITHOUT HOWEVER BEING ABLE TO GIVE UP THIS LATTER .
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1 . OFFICIALS - RECRUITMENT - SPECIAL PROCEDURE - APPLICATION TO CANDIDATES WHO ARE OFFICIALS .

( STAFF REGULATIONS, ARTICLE 29 ( 2 ))

2 . OFFICIALS - RECRUITMENT - SPECIAL PROCEDURE - APPLICATION - STRICT INTERPRETATION - PROMOTION OF AN OFFICIAL FROM ONE CATEGORY TO ANOTHER - NOT PERMISSIBLE .

( STAFF REGULATIONS, ARTICLES 29 ( 2 ), 45 ( 2 ))

Summary

1 . UNDER CERTAIN CONDITIONS AND IN EXCEPTIONAL CIRCUMSTANCES ARTICLE 29 ( 2 ) ALLOWS THE SUBSTITUTION OF A DIFFERENT RECRUITMENT PROCEDURE FOR INTER-INSTITUTIONAL OR OPEN COMPETITIONS . THIS PROCEDURE APPLIES, WITHOUT DISTINCTION, TO ALL THOSE WHO WOULD HAVE BEEN ELIGIBLE TO ENTER THOSE COMPETITIONS . IT IS NEITHER JUST NOR IN THE INTEREST OF THE SERVICE THAT THE SAID PROCEDURE SHOULD BE APPLIED ONLY IN RESPECT OF CANDIDATES WHO ARE NOT OFFICIALS, IN VIEW OF THE FACT THAT IT IS SUBSTITUTED FOR A COMPETITION FROM WHICH CANDIDATES WHO ARE ALSO OFFICIALS COULD NOT HAVE BEEN EXCLUDED .

2 . ARTICLE 29 ( 2 ), BY REASON OF ITS EXCEPTIONAL CHARACTER, MUST BE STRICTLY INTERPRETED AND CANNOT TAKE PRECEDENCE OVER THE RULE FORMULATED, IN A GENERAL AND UNCONDITIONAL MANNER, IN ARTICLE 45 ( 2 ).
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - HANDICAPPED PERSONS - GRANT OF BENEFITS PROVIDED BY NATIONAL LEGISLATIONS - CHARACTER - BENEFITS WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 1408/71 - CRITERIA

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - REGULATION NO 1408/71 - MORE FAVOURABLE TO THOSE ENTITLED, AS COMPARED WITH THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES OF 11 . 12 . 1953 - PRECEDENCE

Summary

1 . THE BENEFITS MENTIONED IN ARTICLE 4 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 EMBRACE THOSE PROVIDED BY THE NATIONAL PROVISIONS GRANTING BENEFITS TO HANDICAPPED PERSONS, INSOFAR AS THESE PROVISIONS RELATE TO WORKERS WITHIN THE MEANING OF ARTICLE 1 ( A ) OF THIS REGULATION AND CONFER UPON THEM A LEGALLY PROTECTED ENTITLEMENT TO THE GRANT OF THESE BENEFITS .

2 . IN THE FRAMEWORK OF ITS FIELD OF APPLICATION TO PERSONS AND TO MATTERS COVERED, REGULATION NO 1408/71 TAKES PRECEDENCE OVER THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES IN RESPECT OF OLD AGE, INVALIDITY AND SURVIVORS SIGNED IN PARIS ON 11 DECEMBER 1953 AND REFERRED TO IN ARTICLE 7 ( 1 ) ( B ) OF THE REGULATION, INSOFAR AS IT IS MORE FAVOURABLE FOR THOSE ENTITLED, THAN THE AGREEMENT .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION - SOCIAL ASSISTANCE AND SOCIAL SECURITY - DISTINCTION

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION - HANDICAPPED PERSONS - ENTITLEMENT TO BENEFIT - SOCIAL ASSISTANCE AND SOCIAL SECURITY - COMMUNITY REGULATIONS - CONDITIONS UNDER WHICH THEY APPLY

( EEC TREATY, ARTICLE 51, REGULATION OF THE COUNCIL NO 3, ARTICLE 1 ( S ), ARTICLE 2 ( 1 ) ( B ))

Summary

1 . A NATIONAL LEGISLATION WHICH IS AKIN TO SOCIAL ASSISTANCE - ESPECIALLY WHEN NEED IS THE ESSENTIAL CRITERION IN ITS IMPLEMENTATION AND THERE ARE NO CONDITIONS AS TO PERIOD OF EMPLOYMENT, OF MEMBERSHIP OR OF CONTRIBUTIONS - IS NEVERTHELESS CLOSE TO SOCIAL SECURITY TO THE EXTENT THAT, DEPARTING FROM THE CONSIDERATION OF EACH CASE ON ITS MERITS - A CHARACTERISTIC FEATURE OF ASSISTANCE - IT CONFERS ON BENEFICIARIES A LEGALLY DEFINED POSITION .

2 . A NATIONAL LEGISLATION GIVING A LEGALLY PROTECTED RIGHT TO A BENEFIT FOR THE HANDICAPPED FALLS, AS REGARDS THE PERSONS COVERED BY REGULATION NO 3, WITHIN THE AREA OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF THE COMMUNITY REGULATIONS THEREUNDER .
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OFFICIALS - EXPATRIATION ALLOWANCE - MALE AND FEMALE OFFICIALS - COMPARABLE SITUATION - NATIONALITY IMPOSED BY LAW ON A FEMALE OFFICIAL UPON HER MARRIAGE - DIFFERENCE OF TREATMENT - INADMISSIBILITY

( STAFF REGULATIONS, ANNEX VII, ARTICLE 4 )

Summary

THE CONCEPT OF 'NATIONALS' CONTAINED IN ARTICLE 4 ( A ) OF ANNEX VII OF THE STAFF REGULATIONS OF OFFICIALS MUST BE INTERPRETED IN SUCH A WAY AS TO AVOID ANY UNWARRANTED DIFFERENCE OF TREATMENT AS BETWEEN MALE AND FEMALE OFFICIALS WHO ARE, IN FACT, PLACED IN COMPARABLE SITUATIONS . IT IS, THEREFORE, NECESSARY TO EXCLUDE NATIONALITY IMPOSED BY LAW ON A FEMALE OFFICIAL UPON HER MARRIAGE WITH A NATIONAL OF ANOTHER STATE AND WHICH SHE WAS UNABLE TO RENOUNCE .
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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . CUSTOMS DUTIES ON EXPORT - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY, ARTICLE 16 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - INFRINGEMENTS BY MEMBER STATES OF THE PROVISIONS OR OBJECTS OF COMMUNITY REGULATIONS - INADMISSIBILITY

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE - NATIONAL INTERVENTION MECHANISM - INCOMPATIBILITY WITH COMMUNITY LAW - CONSIDERATIONS INVOLVED

( REGULATION NO 234/68 OF THE COUNCIL )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - AGRICULTURAL PRODUCTS - INTERNAL LEVY FALLING MORE HEAVILY ON EXPORT SALES THAN ON SALES ON THE NATIONAL MARKET - PROHIBITION OF DISCRIMINATION WITHIN THE MEANING OF PARAGRAPH 2 OF ARTICLE 40 ( 3 ) AND ARTICLE 95 OF THE EEC TREATY - APPLICATION BY ANALOGY

Summary

1 . WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY, THE COURT CANNOT SETTLE A DIFFERENCE CONCERNING THE ASSESSMENT OF THE FACTS INVOLVED .

2 . AN INTERNAL LEVY MAY HAVE EQUIVALENT EFFECT TO A CUSTOMS DUTY ON EXPORT IF IT FALLS MORE HEAVILY ON EXPORT SALES THAN ON SALES INSIDE THE COUNTRY, OR WHERE THE LEVY IS INTENDED TO FUND ACTIVITIES TENDING TO MAKE THE HOME MARKET MORE PROFITABLE THAN EXPORTS OR IN ANY OTHER WAY TO PLACE THE PRODUCT INTENDED FOR THE HOME MARKET AT AN ADVANTAGE COMPARED WITH THE PRODUCT INTENDED FOR EXPORT .

3 . ONCE THE COMMUNITY HAS, PURSUANT TO ARTICLE 40 OF THE TREATY, LEGISLATED FOR ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR, MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT, HAVING REGARD NOT ONLY TO THE EXPRESS PROVISIONS OF THE LEGISLATION BUT ALSO TO ITS AIMS AND OBJECTS .

4 . A NATIONAL INTERVENTION MECHANISM IS INCOMPATIBLE WITH REGULATION NO 234/68 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE PLANTS IN SO FAR AS PRODUCTS WHICH DO NOT SATISFY COMMUNITY STANDARDS LAID DOWN UNDER THE REGULATION QUALIFY FOR THE INTERVENTION .

5 . AN INTERNAL LEVY ON SALES OF A PRODUCT IS INCOMPATIBLE WITH THE PROHIBITION OF DISCRIMINATION EMBODIED IN THE EEC TREATY WHEN IT FALLS MORE HEAVILY ON EXPORT SALES THAN ON SALES ON THE NATIONAL MARKET OR WHEN THE REVENUE FROM THE LEVY IS DESIGNED TO PLACE NATIONAL PRODUCTS AT AN ADVANTAGE .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - IMPORTATION - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL CONTROL - OVER-ALCOHOLIZATION - PRESUMPTION - METHOD OF ANALYSIS - PERMISSIBILITY - CONDITIONS

( EEC TREATY, ARTICLE 30; REGULATIONS NOS 816/70 AND 817/70 OF THE COUNCIL; REGULATION NO 1539/71 OF THE COMMISSION )

Summary

A MEMBER STATE MAY IN THE PRESENT STATE OF COMMUNITY LAW APPLY AS A NATIONAL MEASURE OF CONTROL A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION WHICH IS BASED ON THE PROPORTION OF ALCOHOL TO THE DRY EXTRACT BY THE 100* METHOD, PROVIDED THAT THAT PRESUMPTION IS CAPABLE OF BEING REBUTTED AND THAT IT IS APPLIED IN SUCH A WAY AS NOT TO PLACE AT A DISADVANTAGE, IN LAW OR IN FACT, AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION, WINES FROM OTHER MEMBER STATES .
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1 . COMPETITION - AGREEMENTS - AGRICULTURAL PRODUCTS - COMMUNITY RULES - EXCEPTIONS - NON-APPLICATION BY THE COMMISSION - CONSULTATION WITH THE MEMBER STATES WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 26 OF THE COUNCIL - NOT AN OBLIGATION

2 . COMPETITION - AGREEMENTS - PROHIBITION - ASSOCIATIONS OF INTERESTED UNDERTAKINGS - CONDITIONS

( EEC TREATY, ARTICLE 85 ( 1 ))

3 . COMPETITION - AGREEMENTS - ADVERSE EFFECT ON TRADE BETWEEN MEMBER STATES - RESTRICTIVE CLAUSE CONCERNING DIRECT IMPORTATION INTO A MEMBER STATE - PROHIBITION

( EEC TREATY, ARTICLE 85 ( 1 ))

Summary

1 . TO REQUIRE THE COMMISSION TO CONSULT THE MEMBER STATES, EVEN IN CASES WHERE IT IS IN NO DOUBT THAT THE EXCEPTIONS PROVIDED FOR UNDER REGULATION NO 26 ON THE SUBJECT OF AGREEMENTS AFFECTING TRADE IN AGRICULTURAL PRODUCTS CANNOT APPLY, WOULD BE TO OBLIGE THE COMMISSION TO FULFIL UNNECESSARY FORMALITIES AND NEEDLESSLY DELAY ENQUIRIES .

2 . ARTICLE 85 ( 1 ) APPLIES TO ASSOCIATIONS IN SO FAR AS THEIR OWN ACTIVITIES OR THOSE OF THE UNDERTAKINGS BELONGING TO THEM ARE CALCULATED TO PRODUCE THE RESULTS TO WHICH IT REFERS .

3 . A CLAUSE IN AN AGREEMENT RESTRICTING THE FREEDOM OF THE UNDERTAKINGS WHO ARE PARTY TO IT TO IMPORT DIRECT INTO A MEMBER STATE IS LIABLE TO INTERFERE WITH THE NATURAL MOVEMENT OF TRADE AND THUS TO AFFECT TRADE BETWEEN MEMBER COUNTRIES .
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1 . EEC - NON-CONTRACTUAL LIABILITY - MONETARY MEASURES - COMPENSATORY AMOUNTS - REVOCATION - COMPENSATION - DAMAGE TO PARTY CONCERNED - MAKING GOOD - CONDITIONS - RE-EXPOSURE TO AND MATERIALIZATION OF AN EXCHANGE RISK - ABSENCE

( EEC TREATY , ARTICLE 215 ; REGULATION NO 189/72 )

2 . EEC - NON-CONTRACTUAL LIABILITY - COMPENSATION - DAMAGE TO PARTY CONCERNED - MAKING GOOD - BURDEN OF PROOF

Summary

1 . AN APPLICANT CANNOT BE REGARDED AS HAVING SUFFERED LOSS IF HE WAS NOT RE-EXPOSED TO ANY EXCHANGE RISK OR IF , ALTHOUGH IT EXISTED , SUCH A RISK DID NOT MATERIALIZE . IN CONSEQUENCE , WHERE THE APPLICANT HAS NOT PROVED THAT HE SUFFERED A LOSS WHICH THE COMMISSION IS OBLIGED TO MAKE GOOD , THE APPLICATION MUST BE DISMISSED .

2 . IT IS INCUMBENT UPON THE APPLICANT TO PROVE THAT IT WAS THE WAIVER OF INTEREST ON ARREARS WHICH IN FACT ENABLED HIM TO OBTAIN PAYMENT IN FRENCH FRANCS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - CONCEPT

( REGULATION NO 816/70 OF THE COUNCIL )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - ORIGIN IN ANOTHER MEMBER STATE - COMMUNITY ACCOMPANYING CERTIFICATE

( REGULATION NO 1769/72 OF THE COMMISSION )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - IMPORTATION - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL CONTROL - OVER-ALCOHOLIZATION - PRESUMPTION - METHOD OF ANALYSIS - PERMISSIBILITY - CONDITIONS

( REGULATIONS NOS 816/70 AND 817/70 OF THE COUNCIL; REGULATION NO 1539/71 OF THE COMMISSION; EEC TREATY, ARTICLE 30 )

Summary

1 . TABLE WINES, IN ORDER TO BE ENTITLED TO THAT DESIGNATION AND TO MOVE FREELY IN THE TERRITORY OF THE MEMBER STATES, NEED NOT COMPLY WITH ANY RULES OF ANALYSIS OTHER THAN THOSE LAID DOWN IN REGULATION NO 816/70 .

2 . A MEMBER STATE MAY NOT REQUIRE IN RESPECT OF WINES FROM ANOTHER MEMBER STATE AN ACCOMPANYING CERTIFICATE OTHER THAN THAT GOVERNED BY COMMUNITY REGULATIONS .

3 . A MEMBER STATE MAY IN THE PRESENT STATE OF COMMUNITY LAW APPLY AS A NATIONAL MEASURE OF CONTROL A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION WHICH IS BASED ON THE PROPORTION OF ALCOHOL TO THE DRY EXTRACT MEASURED BY THE 100* METHOD, PROVIDED THAT THAT PRESUMPTION IS CAPABLE OF BEING REBUTTED AND THAT IT IS APPLIED IN SUCH A WAY AS NOT TO PLACE AT A DISADVANTAGE, IN LAW OR IN FACT, AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION, WINES FROM OTHER MEMBER STATES .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER'S RESIDENCE IN ONE MEMBER STATE - OCCASIONAL WORK IN ANOTHER MEMBER STATE - LEGISLATION APPLICABLE

( REGULATION NO 3 OF THE COUNCIL, FIRST SENTENCE OF ARTICLE 13 ( 1 ) ( C ) ( AS AMENDED ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - EMPLOYER - EMPLOYER ESTABLISHED IN A MEMBER STATE OTHER THAN THE STATE WHOSE LEGISLATION IS APPLICABLE TO THE WORKER - OBLIGATION TO PAY THE CONTRIBUTIONS PRESCRIBED BY THAT LEGISLATION

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 8 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER'S RESIDENCE IN ONE MEMBER STATE - OCCASIONAL WORK IN ANOTHER MEMBER STATE - ACCIDENT AT WORK - ACCIDENT ON WAY TO OR FROM WORK - BENEFITS IN KIND - GRANT BY THE SOCIAL SECURITY INSTITUTION OF THE COUNTRY WHERE THE OCCASIONAL WORK IS CARRIED OUT AT THE EXPENSE OF THE INSTITUTION OF THE COMPETENT STATE

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 29 ( 1 ))

Summary

1 . BY VIRTUE OF THE FIRST SENTENCE OF ARTICLE 13 ( 1 ) ( C ) ( AS AMENDED ) OF REGULATION NO 3, A WORKER HAVING HIS PERMANENT RESIDENCE IN ONE STATE WHO OCCASIONALLY PURSUES HIS ACTIVITY IN ANOTHER MEMBER STATE, IN CIRCUMSTANCES CAPABLE OF MAKING HIM SUBJECT TO THE SOCIAL SECURITY SCHEME ESTABLISHED BY THE LATTER STATE FOR WAGE-EARNERS AND ASSIMILATED WORKERS, IS SUBJECT TO THE LEGISLATION OF THE STATE OF HIS RESIDENCE IN SO FAR AS HE IS AFFILIATED AS A WAGE-EARNER OR ASSIMILATED WORKER TO THE SOCIAL SECURITY SCHEME OF THAT STATE .

BY VIRTUE OF ARTICLE 12 OF THAT REGULATION, IF HE IS NOT SO AFFILIATED HE IS SUBJECT TO THE SOCIAL SECURITY LEGISLATION OF THE MEMBER STATE IN WHICH HE OCCASIONALLY PURSUES HIS ACTIVITY .

2 . IF AN EMPLOYER ESTABLISHED IN A MEMBER STATE OTHER THAN THE ONE WHOSE SOCIAL SECURITY LEGISLATION IS APPLICABLE TO THE WORKER, IS NOT BOUND TO PAY CONTRIBUTIONS TO THE SOCIAL SECURITY AUTHORITIES OF HIS OWN STATE, HE IS OBLIGED TO PAY THOSE LAID DOWN BY THE LEGISLATION WHICH IS APPLICABLE TO THE WORKER .

3 . IN THE CASE OF AN ACCIDENT AT WORK, INCLUDING AN ACCIDENT ON THE WAY TO OR FROM WORK, WHICH HAPPENS TO A WAGE-EARNER OR ASSIMILATED WORKER SUBJECT TO THE LEGISLATION OF THE STATE OF HIS PERMANENT RESIDENCE, WHO IS OCCASIONALLY EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE, THE SOCIAL SECURITY INSTITUTION OF THE LATTER STATE, AS THE INSTITUTION OF THE PLACE WHERE THE WORKER IS, IS ONLY OBLIGED, UNDER ARTICLE 29 ( 1 ) OF REGULATION NO 3, SHOULD THE OCCASION ARISE, TO ISSUE BENEFITS IN KIND PROVIDED FOR BY ITS OWN LEGISLATION AT THE EXPENSE OF THE INSTITUTION OF THE COMPETENT STATE .
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1 . SERVICES - FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - CONCEPT

( EEC TREATY, ARTICLE 59 ( 1 ))

2 . SERVICES - FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - ABOLITION - OBLIGATION ON THE PERSON PROVIDING THE SERVICES TO RESIDE IN THE TERRITORY OF A MEMBER STATE - UNACCEPTABLE NATURE - CRITERIA

Summary

1 . THE RESTRICTION TO BE ABOLISHED PURSUANT TO ARTICLE 59 ( 1 ) OF THE TREATY INCLUDE ALL REQUIREMENTS WHICH ARE IMPOSED ON THE PERSON PROVIDING THE SERVICE BY REASON IN PARTICULAR OF HIS NATIONALITY OR OF THE FACT THAT HE DOES NOT HABITUALLY RESIDE IN THE STATE WHERE THE SERVICE IS PROVIDED, WHICH DO NOT APPLY TO PERSONS ESTABLISHED WITHIN THE NATIONAL TERRITORY OR WHICH MAY PREVENT OR OTHERWISE OBSTRUCT THE ACTIVITIES OF THE PERSON PROVIDING THE SERVICE .

2 . THE PROVISIONS OF THE EEC TREATY, IN PARTICULAR ARTICLES 59, 60 AND 65, MUST BE INTERPRETED AS MEANING THAT NATIONAL LEGISLATION MAY NOT, BY MEANS OF A REQUIREMENT OF RESIDENCE IN THE TERRITORY, MAKE IT IMPOSSIBLE FOR PERSONS RESIDING IN ANOTHER MEMBER STATE TO PROVIDE SERVICES, WHEN LESS RESTRICTIVE MEASURES ENABLE THE PROFESSIONAL RULES TO WHICH THE PROVISION OF THE SERVICE IS SUBJECT IN THAT TERRITORY TO BE COMPLIED WITH .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - COMPOUND FEEDINGSTUFFS FOR CATTLE - QUANTITY OF CEREALS INCLUDED - TAKING INTO ACCOUNT - STANDARD EXPORT LEVY - FIXING - UNACCEPTABILITY

( REGULATION EEC NO 120/67 , ARTICLE 1 )

Summary

THE FIXING OF A STANDARD EXPORT LEVY APPLICABLE IRRESPECTIVE OF THE QUANTITY , WHETHER NEGLIGIBLE OR SUBSTANTIAL , OF CEREALS CONTAINED IN THE COMPOUND FEEDINGSTUFFS FOR CATTLE LISTED UNDER HEADING 23.07 OF THE COMMON CUSTOMS TARIFF DOES NOT COMPLY WITH THE PROVISIONS OF COMMUNITY LAW .
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1 . COMPETITION - CARTELS - EXCLUSIVE DEALING AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE - INTERFERENCE WITH TRADE BETWEEN MEMBER STATES - PROHIBITION - EXEMPTION BY CATEGORIES - ASSESSMENT - JURISDICTION OF NATIONAL COURT

( EEC TREATY , ARTICLE 85 ( 1 ) AND ( 3 ); REGULATION NO 67/67 OF THE COMMISSION , ARTICLE 1 )

2 . COMPETITION - CARTELS - NOTIFICATION - EXEMPTION UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 17 - EXTENSION - EXCLUSIVE SALES AGREEMENTS - OPERATION WITHIN THE TERRITORY OF A SINGLE MEMBER STATE - GOODS IMPORTED FROM ANOTHER MEMBER STATE

3 . COMPETITION - CARTELS - EXCLUSIVE DEALING AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS FROM THE SAME MEMBER STATE - INTERFERENCE WITH TRADE BETWEEN MEMBER STATES - PROHIBITION - EXEMPTION BY CATEGORIES

( REGULATION NO 67/67 OF THE COMMISSION , ARTICLE 1 ( 2 ))

Summary

1 . IT IS FOR THE NATIONAL COURTS BEFORE WHICH AN ACTION RELATING TO THE VALIDITY OF AGREEMENTS CONCLUDED BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE IS BROUGHT TO ASSESS , SUBJECT TO THE POSSIBLE APPLICATION OF ARTICLE 177 , WHETHER SUCH AGREEMENTS MAY SIGNIFICANTLY AFFECT TRADE BETWEEN MEMBER STATES AND WHETHER THEY BENEFIT , IN SPITE OF THE ABSENCE OF NOTIFICATION , FROM THE EXEMPTION RELATING TO CATEGORIES OF AGREEMENTS PROVIDED FOR IN REGULATION NO 67/67 OF THE COMMISSION IN PURSUANCE OF ARTICLE 85 ( 3 ).

2 . TO THE EXTENT TO WHICH IT EXEMPTS FROM NOTIFICATION AGREEMENTS WHICH DO NOT RELATE EITHER TO IMPORTS OR TO EXPORTS , ARTICLE 4 ( 2 ) ( 1 ) OF REGULATION NO 17 OF THE COUNCIL MUST BE INTERPRETED AS EXTENDING TO AGREEMENTS GRANTING EXCLUSIVE SALES CONCESSIONS IN RELATION TO THE MARKETING OF GOODS , WHERE THE MARKETING ENVISAGED BY THE AGREEMENT TAKES PLACE SOLELY WITHIN THE TERRITORY OF THE MEMBER STATE TO WHOSE LAW THE UNDERTAKINGS ARE SUBJECT , EVEN IF THE GOODS IN QUESTION HAVE AT A FORMER STAGE BEEN IMPORTED FROM ANOTHER MEMBER STATE .

3 . ARTICLE 1 ( 2 ) OF REGULATION NO 67/67 OF THE COMMISSION IS NOT INTENDED TO EXCLUDE FROM THE BENEFIT OF EXEMPTION BY CATEGORIES THOSE AGREEMENTS WHICH , ALTHOUGH CON- CLUDED BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE , MAY NEVERTHELESS BY WAY OF EXCEPTION SIGNIFICANTLY AFFECT TRADE BETWEEN MEMBER STATES BUT WHICH , IN ADDITION , SATISFY ALL THE CONDITIONS LAID DOWN IN ARTICLE 1 OF REGULATION NO 67/67 .