ddrg/super_eurlex huggingface dataset:
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OFFICIALS - INVALIDITY - DETERMINATION - CRITERIA

( STAFF REGULATIONS OF THE EUROPEAN COMMUNITIES, ANNEX VIII, ARTICLE 13 )

Summary

THE EXISTENCE OF AN OCCUPATIONAL DISEASE CAUSING TOTAL OR PARTIAL PERMANENT INVALIDITY OF THE OFFICIAL AND GIVING HIM THE RIGHT TO BENEFIT UNDER ARTICLE 73 OR ARTICLE 78 OF THE STAFF REGULATIONS AS THE CASE MAY BE, MUST APPEAR CLEARLY AND PRECISELY FROM THE RELEVANT CONCLUSIONS OF THE INVALIDITY COMMITTEE REFERRED TO IN ARTICLE 13 OF ANNEX VIII TO THE STAFF REGULATIONS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - EXPORT REFUND - APPLICATION - FORM

( REGULATION NO 1009/67 OF THE COUNCIL, ARTICLE 17 )

2 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - IMPLEMENTATION BY NATIONAL LAW - FORMS AND PROCEDURE PRESCRIBED BY NATIONAL LAW - NEED TO RECONCILE THEM WITH THE UNIFORM APPLICATION OF COMMUNITY LAW

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - REFUND TO EXPOTERS - APPLICATION - FORM - REQUIREMENTS - COMMUNITY AND NATIONAL LAW

( REGULATION NO 1041/67 OF THE COMMISSION, ARTICLES 1 AND 5; REGULATION NO 1009/67 OF THE COUNCIL, ARTICLE 17 )

Summary

1 . IN ORDER TO ENSURE THE SMOOTH FUNCTIONING OF THE COMPLICATED SYSTEM OF EXPORT REFUNDS THE APPLICATION FOR THE REFUND MUST BE MADE IN WRITING .

2 . WHERE IT IS FOR THE NATIONAL AUTHORITIES TO IMPLEMENT A COMMUNITY REGULATION SUCH IMPLEMENTATION MUST AS A MATTER OF PRINCIPLE BE CARRIED OUT IN ACCORDANCE WITH THE STIPULATIONS OF NATIONAL LAW AS TO FORM AND PROCEDURE .

THIS PRINCIPLE OF LAW MUST BE RECONCILED WITH THE NEED TO APPLY COMMUNITY LAW UNIFORMLY SO AS TO AVOID THE UNEQUAL TREATMENT OF PERSONS SUBJECT TO COMMUNITY LAW .

3 . THE DECLARATION WHICH THE EXPORTER HAS TO MAKE PURSUANT TO ARTICLE 1 ( 1 ) OF REGULATION NO 1041/67 AND, IN PARTICULAR, THE PRODUCTION BY HIM OF THE EXIT CERTIFICATE REFERRED TO IN ARTICLE 5 OF THAT REGULATION, CONSTITUTE A SUFFICIENT STATEMENT, FOR THE PURPOSES OF ARTICLE 17 ( 2 ) OF REGULATION NO 1009/67, OF THE EXPORTER' S INTENTION TO QUALIFY FOR THE REFUND AND FULFIL THE REQUIREMENTS OF THIS PROVISION .

ALTHOUGH MEMBER STATES MAY, THEREFORE, FOR REASONS OF ADMINISTRATIVE ORGANIZATION, REQUIRE EXPORTERS ALSO TO MAKE AN APPLICATION IN THE FORM PRESCRIBED BY NATIONAL LAW, THEY MAY NOT, HOWEVER, PUNISH FAILURE TO FULFIL THIS OBLIGATION BY FORFEITURE OF THE RIGHT TO A REFUND .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - LARD AND OTHER PIG FAT - EXPORT REFUNDS - GRANTING - CONDITIONS REGARDING QUALITY - CONTROL - DATE

( REGULATION NO 1041/67 OF THE COMMISSION, ARTICLE 1; REGULATION NO 2403/69 OF THE COMMISSION, ARTICLE 2 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - LARD AND OTHER PIG FAT - EXPORT REFUNDS - GRANTING - CONDITIONS AS TO QUALITY - CONTROL - REFINED LARD - " BOEMER " VALUES - DETERMINATION - METHOD

( REGULATION NO 2403/69 OF THE COMMISSION, ARTICLE 2 ANNEX II ( 1 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PIGMEAT - LARD AND OTHER PIG FAT - EXPORT REFUNDS - GRANTING - CONDITIONS AS TO QUALITY - CONTROL - METHOD OF TAKING SAMPLES - NATIONAL COURT - POWER OF APPRAISAL

( REGULATION NO 2403/69 OF THE COMMISSION, ARTICLE 2 )

4 . COMMUNITY LAW - COMMON ORGANIZATION OF THE MARKET - UNIFORM APPLICATION

Summary

1 . ARTICLE 2 OF REGULATION NO 1403/69 OF 1 DECEMBER 1969 ON SPECIAL CONDITIONS FOR GRANTING EXPORT REFUNDS ON CERTAIN PIGMEAT PRODUCTS, READ IN CONJUNCTION WITH ARTICLE 1 OF REGULATION NO 1041/67 OF 21 DECEMBER 1967 ON DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS ON PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM, MUST BE INTERPRETED TO MEAN THAT CONTROL OF THE CONDITIONS AS TO QUALITY LAID DOWN BY REGULATION NO 2403/69 MUST BE CARRIED OUT ON THE SAMPLES TAKEN AT THE TIME WHEN THE CUSTOMS EXPORT FORMALITIES ARE CONCLUDED .

2 . ARTICLE 2 ( 1 ) OF REGULATION NO 2403/69 TOGETHER WITH ANNEX II ( 1 ) THERETO, READ IN CONJUNCTION WITH THE FOOTNOTE TO THAT ANNEX, MUST BE INTERPRETED TO MEAN THAT THE " BOEMER " VALUE FOR REFINED LARD MUST BE DETERMINED SOLELY IN ACCORDANCE WITH THE METHOD LAID DOWN BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION REFERRED TO IN THE SAID ANNEX .

3 . WITH REGARD TO THE GRANTING OF EXPORT REFUNDS FOR PIGMEAT IT IS FOR NATIONAL COURTS TO APPRAISE THE VALIDITY OF A CONTROL CARRIED OUT IN A PARTICULAR CASE, WITHOUT PREJUDICE TO THE OBSERVANCE OF THE CONDITIONS LAID DOWN BY COMMUNITY PROVISIONS WITH REGARD TO THE TIME AND METHOD OF THE CONTROL .

4 . THE COMMON ORGANIZATIONS OF THE AGRICULTURAL MARKETS CAN ONLY CARRY OUT THEIR FUNCTIONS IF THE PROVISIONS WHICH ESTABLISH THEM ARE APPLIED UNIFORMLY THROUGHOUT ALL THE MEMBER STATES .
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1 . AGREEMENTS PRIOR AND SUBSEQUENT TO REGULATION NO 17 - NOTIFICATION - EFFECTS - PROHIBITION - COMPETENCE OF NATIONAL COURT

( REGULATION OF THE COUNCIL NO 17, ARTS . 4, 5, 9 )

2 . AGREEMENTS - COMPETENCE OF THE COMMISSION - EXERCISE - MEANING

( REGULATION OF THE COUNCIL NO 17, ART . 9 )

3 . AGREEMENTS - STANDARD CONTRACT - NOTIFICATION - EFFECT

( EEC TREATY, ART . 85 )

4 . AGREEMENTS - PROHIBITION - NULLITY - EFFECTS

( EEC TREATY, ART . 85 )

Summary

1 . WHEN AN AGREEMENT PRIOR TO THE IMPLEMENTATION OF ARTICLE 85 BY REGULATION NO 17 HAS BEEN NOTIFIED IN ACCORDANCE WITH THE PROVISIONS OF THAT REGULATION, THE GENERAL PRINCIPLE OF CONTRACTUAL CERTAINTY REQUIRES THAT A COURT CAN ONLY DECLARE THE AGREEMENT TO BE VOID AFTER THE COMMISSION HAS GIVEN ITS DECISION UNDER THAT REGULATION .

NOTIFICATIONS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF REGULATION NO 17 IN RESPECT OF AGREEMENTS ENTERED INTO AFTER THE APPLICATION OF ARTICLE 85 BY THIS REGULATION DO NOT HAVE SUSPENSIVE EFFECT .

THE COURT, WHICH, BY VIRTUE OF THE PRINCIPLE OF LEGAL CERTAINTY, MUST TAKE INTO ACCOUNT, IN APPLYING THE PROHIBITIONS OF ARTICLE 85, ANY DELAY BY THE COMMISSION IN EXERCISING ITS POWERS, HAS HOWEVER AN OBLIGATION TO DECIDE ON THE CLAIMS OF INTERESTED PARTIES WHO INVOKE THE AUTOMATIC NULLITY .

THESE CONSIDERATIONS APPLY EQUALLY TO AGREEMENTS EXEMPTED FROM NOTIFICATION, SUCH EXEMPTION BEING MERELY AN INCONCLUSIVE INDICATION THAT THE AGREEMENTS CONCERNED ARE GENERALLY LESS HARMFUL TO THE SMOOTH FUNCTIONING OF THE COMMON MARKET .

2 . THE INITIATION OF A PROCEDURE WITHIN THE MEANING OF ARTICLE 9 OF REGULATION NO 17 IMPLIES AN AUTHORITATIVE ACT OF THE COMMISSION, EVIDENCING ITS INTENTION OF TAKING A DECISION UNDER ARTICLES 2, 3 OR 6 . IT FOLLOWS THEREFORE THAT THE SIMPLE ACKNOWLEDGMENT OF A REQUEST FOR A NEGATIVE CLEARANCE OR OF NOTIFICATION FOR THE PURPOSES OF OBTAINING EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY CANNOT BE CONSIDERED AS INITIATING A PROCEDURE UNDER ARTICLES 2, 3 OR 6 OF REGULATION NO 17 .

3 . DUE NOTIFICATION OF A STANDARD CONTRACT IS TO BE CONSIDERED AS DUE NOTIFICATION OF ALL CONTRACTS IN THE SAME TERMS, EVEN PRIOR ONES, ENTERED INTO BY THE SAME UNDERTAKING .

4 . A DECLARATION OF NULLITY UNDER ARTICLE 85 ( 2 ) IS OF RETROACTIVE EFFECT .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - COMMON WHEAT AND RYE OF BREAD-MAKING QUALITY - CARRY-OVER PAYMENT WITHIN THE MEANING OF ARTICLE 9 OF REGULATION NO 120/67 - CONDITIONS OF GRANT - ABSOLUTE LIMITATION PERIOD FOR MAKING AN APPLICATION

( REGULATION NO 602/68 OF THE COMMISSION, ARTICLE 3 )

2 . COMMUNITY LAW - SPECIFIC AND ESSENTIAL RULES OF COMMON APPLICATION - ADDITIONAL NATIONAL MEASURES AUTHORIZED - EXCEPTIONS TO RULES OF COMMON APPLICATION - NOT PERMISSIBLE

Summary

1 . THE TIME-LIMIT LAID DOWN IN ARTICLE 3 OF REGULATION NO 602/68/EEC OF THE COMMISSION FOR THE SUBMISSION OF APPLICATIONS FOR CARRY-OVER PAYMENTS UNDER ARTICLE 9 OF REGULATION NO 120/67/EEC OF THE COUNCIL IS AN ABSOLUTE LIMITATION PERIOD .

2 . THE POWER ASSIGNED TO MEMBER STATES BY THE COMMUNITY REGULATIONS TO ADOPT ADDITIONAL MEASURES GIVES NO AUTHORITY TO ADOPT MEASURES WHICH CREATE EXCEPTIONS TO A SPECIFIC RULE OF COMMON APPLICATION WHICH IS ESSENTIAL FOR THE OPERATION OF A MARKET ORGANIZATION MECHANISM .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - PAYMENTS DUE UNDER THE LEGISLATION OF A MEMBER STATE FOR DAMAGE SUFFERED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE - DIRECT RIGHT VIS-A-VIS THE THIRD PARTY RESPONSIBLE - CONTENT OF THE RIGHT

( REGULATION OF THE COUNCIL NO 3, ARTICLE 52 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - PAYMENTS DUE UNDER THE LEGISLATION OF A MEMBER STATE FOR DAMAGE SUFFERED IN THE TERRITORY OF ANOTHER STATE - SUBROGATION OF THE INSTITUTION LIABLE - RIGHT TO COMPENSATION GOVERNED BY THE RULES IN FORCE IN THE STATE WHERE THE DAMAGE IS SUFFERED

( REGULATION OF THE COUNCIL NO 3, ARTICLE 52 )

Summary

1 . SINCE ARTICLE 52 IS LIMITED TO THE SUBSTITUTION OF A FRESH CREDITOR FOR THE PREVIOUS ONE, THE INSTITUTION LIABLE IN INVOKING ANY RIGHTS UNDER THAT ARTICLE, CANNOT CLAIM FROM A THIRD PARTY RESPONSIBLE ANY PAYMENT OTHER THAN THAT WHICH COULD BE CLAIMED BY THE VICTIM OF THE DAMAGE OR HIS DEPENDANTS UNDER THE LEGISLATION OF THE STATE IN WHOSE TERRITORY THE DAMAGE OCCURRED .

2 . WHILST ARTICLE 52 REFERS TO THE NATIONAL LEGISLATION OF THE INSTITUTION LIABLE, TO DETERMINE WHETHER IT CAN INVOKE, IN THE MEMBER STATE IN WHICH THE DAMAGE OCCURRED, THE BENEFIT OF SUBROGATION TO THE RIGHTS OF THE VICTIM OR HIS DEPENDANTS, OR THE EXERCISE OF THE DIRECT RIGHT REFERRED TO UNDER LETTER ( B ), IT IN NO WAY MODIFIES THE SYSTEM OF EXTRA-CONTRACTUAL LIABILITY, WHICH REMAINS SUBJECT TO THE RULES OF THE NATIONAL LAW DEFINING THE SOURCE AND LIMITS OF THE RIGHT OF COMPENSATION VESTED IN THE VICTIM OR HIS DEPENDANTS VIS-A-VIS THE THIRD PARTY RESPONSIBLE .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - TRADE WITH THIRD COUNTRIES - IMPORT OR EXPORT LICENCES - ISSUE - POWERS AND OBLIGATIONS OF MEMBER STATES

( REGULATION NO 1009/67/EEC, ARTICLE 11; REGULATION NO 1373/70/EEC, ARTICLES 8, 9 AND 15 )

Summary

THE PROVISIONS OF ARTICLE 11 ( 1 ) OF REGULATION NO 1009/67/EEC OF THE COUNCIL OF 18 DECEMBER 1967 ( OJ NO 308, P . 1 ) AND OF ARTICLE 8 ( 2 ), ARTICLE 9 ( 1 ), FIRST AND SECOND SUB-PARAGRAPHS, AND ARTICLE 15 ( 4 ) OF REGULATION NO 1373/70/EEC OF THE COMMISSION OF 10 JULY 1970 ( OJ NO L 158, P . 1 ) MUST BE INTERPRETED AS MEANING THAT, ALTHOUGH THEY LEAVE TO THE COMPETENT NATIONAL AUTHORITIES THE CHOICE OF THE WAYS AND MEANS TO BE ADOPTED FOR THE DISPATCH OF ADVANCE FIXING CERTIFICATES AND EXTRACTS THEREOF TO THE APPLICANT, THE REQUIREMENT OF ISSUING THE CERTIFICATE OR EXTRACTS INVOLVES AN OBLIGATION FOR THOSE AUTHORITIES TO ENSURE THAT THE DOCUMENTS ACTUALLY REACH THE APPLICANT .

THE COMPETENT NATIONAL AUTHORITY DID NOT FULFIL THIS OBLIGATION WHEN IT SENT SUCH DOCUMENTS BY POST AND THOSE DOCUMENTS FAILED TO REACH THE ADDRESSEE FOR REASONS FOR WHICH HE WAS NOT RESPONSIBLE .
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1 . OFFICIALS - RECRUITMENT - TRANSFER WITHIN THE INSTITUTION - ACT ADVERSELY AFFECTING OFFICIAL - CRITERIA - STATEMENT OF REASONS

( STAFF REGULATIONS, ART . 25, ART . 91 )

2 . OFFICIALS - ABILITY - ASSESSMENT - COMPETENCE OF ADMINISTRATION

( STAFF REGULATIONS, ART . 43 )

Summary

1 . EVEN IF A DECISION ON TRANSFER WITHIN THE INSTITUTION DOES NOT AFFECT THE MATERIAL INTERESTS OR RANK OF AN OFFICIAL IT MAY, HAVING REGARD TO THE NATURE OF THE DUTIES IN QUESTION AND TO THE CIRCUMSTANCES, ADVERSELY AFFECT THE MORALE AND FUTURE PROSPECTS OF THE EMPLOYEE CONCERNED .

A TRANSFER DECISION TAKEN AGAINST THE WISHES OF THE PERSON CONCERNED IS AN ACT ADVERSELY AFFECTING HIM WITHIN THE MEANING OF ARTICLE 25 OF THE REGULATIONS AND THE REASONS ON WHICH IT IS BASED MUST THEREFORE BE STATED .

2 . ASSESSMENT OF THE ABILITY OF AN OFFICIAL IS A MATTER WITHIN THE COMPETENCE OF THE ADMINISTRATION .
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1 . SOCIAL SECURITY - MIGRANT WORKERS - INVALIDITY PENSION - TRANSFER - REGULATION NO 4, ARTICLE 30 - INAPPLICABILITY

2 . SOCIAL SECURITY - MIGRANT WORKERS - ALGERIA - RIGHT ACQUIRED BEFORE 19 JANUARY 1965 - OBLIGATION OF FRENCH INSTITUTIONS TO HONOUR SUCH RIGHT - RECIPIENT - RESIDENT WITHIN A MEMBER STATE OTHER THAN FRANCE - CLAIM - INSTITUTION TO WHICH CLAIM ADDRESSED

( REGULATION NO 3, ANNEX A, FORMER VERSION; REGULATION NO 3, ARTICLE 10 )

Summary

1 . THE PROVISIONS OF ARTICLE 30 OF REGULATION NO 4 DO NOT APPLY TO TRANSFERS OF INVALIDITY PENSIONS .

2 . ANNEX A TO REGULATION NO 3, IN ITS FORMER WORDING, REQUIRES FRENCH INSTITUTIONS TO HONOUR RIGHTS ACQUIRED IN ALGERIA BEFORE 19 JANUARY 1965 BY A MIGRANT WORKER . THIS OBLIGATION PERSISTS EVEN IF THE WORKER TAKES UP RESIDENCE WITHIN ANOTHER MEMBER STATE, AND EVEN IF THE CLAIM FOR TRANSFER WAS NOT REFERRED TO THOSE INSTITUTIONS UNTIL AFTER THE COMING INTO FORCE OF REGULATION NO 109/65 .

A MIGRANT WORKER RESIDENT, BEFORE 19 JANUARY 1965, WITHIN FRENCH TERRITORY WITHIN THE MEANING OF ANNEX A TO REGULATION NO 3 IS ENTITLED TO SUBMIT HIS CLAIM TO THE LAST FRENCH INSTITUTION TO WHICH HE HAD FORMERLY BEEN AFFILIATED .
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1 . PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( ARTICLE 177, EEC TREATY )

2 . SOCIAL SECURITY OF MIGRANT WORKERS - DEATH GRANT - PENSION - DIFFERENT MEANINGS

( REGULATION NO 1408/71 OF THE COUNCIL, ARTICLE 1 )

3 . SOCIAL SECURITY OF MIGRANT WORKERS - WIDOW - RE-MARRIAGE - SETTLEMENT GRANT - MEANING - TREATED AS A PENSION

( REGULATION NO 1408/71 OF THE COUNCIL, ARTICLE 1 )

Summary

1 . THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE EEC TREATY TO GIVE A RULING ON THE INTERPRETATION OF PROVISIONS OF INTERNATIONAL LAW WHICH BIND MEMBER STATES OUTSIDE THE FRAMEWORK OF COMMUNITY LAW .

2 . DEATH GRANT IS NOT COVERED BY THE EXPRESSION " PENSION ".

3 . THE SETTLEMENT GRANT TO BE PAID TO A WIDOW IN THE EVENT OF REMARRIAGE MUST BE REGARDED AS IN LIEU OF THE WIDOW' S PENSION AND MUST BE TREATED AS A PENSION .
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1 . COMPETITION - DOMINANT POSITION WITHIN THE MARKET - COPYRIGHTS - EXPLOITATION BY AN UNDERTAKING - ABUSE - COMPETENCE OF THE NATIONAL COURT

( EEC TREATY, ARTICLE 86 )

2 . COMPETITION - COMMUNITY RULES - DEROGATION - UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST - DEFINITION - STRICT INTERPRETATION - COMPETENCE OF THE NATIONAL COURT

( EEC TREATY, ARTICLE 90 ( 2 ))

Summary

1 . AN ABUSE CAN CONSIST IN THE FACT THAT AN UNDERTAKING ENTRUSTED WITH THE EXPLOITATION OF COPYRIGHTS AND OCCUPYING A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 IMPOSES ON ITS MEMBERS OBLIGATIONS WHICH ARE NOT ABSOLUTELY NECESSARY FOR THE ATTAINMENT OF ITS OBJECT AND WHICH THUS ENCROACH UNFAIRLY UPON A MEMBER'S FREEDOM TO EXERCISE HIS COPYRIGHT .

THE INEQUITABLE NATURE OF SUCH PROVISIONS MUST BE DETERMINED BY THE RELEVANT COURT, BEARING IN MIND BOTH THE INTRINSIC INDIVIDUAL EFFECT OF THOSE CLAUSES AND THEIR EFFECT WHEN COMBINED .

IF ABUSIVE PRACTICES ARE EXPOSED, IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER AND TO WHAT EXTENT THEY AFFECT THE INTERESTS OF AUTHORS OR THIRD PARTIES CONCERNED, WITH A VIEW TO DECIDING THE CONSEQUENCES WITH REGARD TO THE VALIDITY AND EFFECT OF THE CONTRACTS IN DISPUTE OR CERTAIN OF THEIR PROVISIONS .

2 . AS ARTICLE 90 ( 2 ) PERMITS, IN CERTAIN CIRCUMSTANCES, DEROGATION FROM THE RULES OF THE TREATY, UNDERTAKINGS WHICH CAN TAKE ADVANTAGE OF IT MUST BE STRICTLY DEFINED .

PRIVATE UNDERTAKINGS MAY COME UNDER THAT PROVISION, BUT THEY MUST BE ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST BY AN ACT OF THE PUBLIC AUTHORITY .

IT IS THUS THE DUTY OF THE NATIONAL COURT TO INVESTIGATE WHETHER AN UNDERTAKING WHICH INVOKES THE PROVISIONS OF ARTICLE 90 ( 2 ) FOR THE PURPOSE OF CLAIMING A DEROGATION FROM THE RULES OF THE TREATY HAS IN FACT BEEN ENTRUSTED BY A MEMBER STATE WITH THE OPERATION OF SUCH A SERVICE .
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1 . PRELIMINARY QUESTIONS - PROCEDURE - NATIONAL COURT - COMPETENCE

( EEC TREATY, ARTICLE 177; STATUTE OF THE COURT OF THE EEC, ARTICLE 20 )

2 . COMPETITION - AGREEMENTS - DOMINANT POSITIONS WITHIN THE MARKET - PROHIBITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY NATIONAL COURTS

( EEC TREATY, ARTICLES 85 AND 86 )

3 . COMPETITION - AGREEMENTS - DOMINANT POSITIONS WITHIN THE MARKET - PROHIBITION - APPLICATION - AUTHORITIES OF THE MEMBER STATES - MEANING - NATIONAL COURTS - COMPETENCE

( EEC TREATY, ARTICLES 85, 86 AND 88; REGULATION NO 17 OF THE COUNCIL, ARTICLE 9 )

Summary

1 . THE TREATY CONFERS ON NATIONAL COURTS THE RIGHT TO JUDGE WHETHER A DECISION ON A POINT OF COMMUNITY LAW IS NECESSARY FOR THEIR JUDGMENTS .

CONSEQUENTLY, THE PROCEDURE UNDER ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT CONTINUES AS LONG AS THE REQUEST OF THE NATIONAL COURT HAS NEITHER BEEN WITHDRAWN NOR BECOME DEVOID OF OBJECT .

2 . AS THE PROHIBITIONS OF ARTICLES 85 AND 86 TEND BY THEIR VERY NATURE TO PROCEDURE DIRECT EFFECTS IN RELATIONS BETWEEN INDIVIDUALS, THOSE ARTICLES CREATE RIGHTS DIRECTLY IN RESPECT OF THE INDIVIDUALS CONCERNED WHICH THE NATIONAL COURTS MUST SAFEGUARD .

3 . THE FACT THAT THE EXPRESSION 'AUTHORITIES OF THE MEMBER STATES' APPEARING IN ARTICLE 9 ( 3 ) OF REGULATION NO 17 INCLUDES, IN CERTAIN MEMBER STATES, COURTS ESPECIALLY ENTRUSTED WITH THE TASK OF APPLYING DOMESTIC LEGISLATION ON COMPETITION OR THAT OF ENSURING THE LEGALITY OF THAT APPLICATION BY THE ADMINISTRATIVE AUTHORITIES CANNOT EXEMPT A COURT, BEFORE WHICH THE DIRECT EFFECT OF ARTICLES 85 AND 86 IS PLEADED, FROM GIVING JUDGMENT .

THE COMPETENCE OF SUCH A COURT TO REFER A REQUEST FOR A PRELIMINARY RULING TO THE COURT OF JUSTICE CANNOT BE FETTERED BY ARTICLE 9 OF REGULATION NO 17 .

NEVERTHELESS IF THE COMMISSION INITIATES A PROCEDURE IN APPLICATION OF ARTICLE 3 OF REGULATION NO 17 SUCH A COURT MAY, IF IT CONSIDERS IT NECESSARY FOR REASONS OF LEGAL CERTAINTY, STAY THE PROCEEDINGS BEFORE IT WHILE AWAITING THE OUTCOME OF THE COMMISSION'S ACTION .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - RATIONING OF PRODUCTION - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT

( EEC TREATY, ARTICLE 30 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE - NATIONAL ORGANIZATION - RATIONING OF PRODUCTION - QUANTITATIVE RESTRICTIONS

( REGULATION NO 234/68 OF THE COUNCIL, ARTICLE 10 )

Summary

1 . A NATIONAL ORGANIZATION OF THE MARKET HAVING THE PURPOSE OF RATIONING PRODUCTION AFFECTS - OR IS AT ANY RATE CAPABLE OF AFFECTING - THE FREEDOM OF TRADE IN THE INTERNAL TRADE OF THE COMMUNITY AND MUST ACCORDINGLY BE CONSIDERED A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

2 . ARTICLE 10 OF REGULATION NO 234/68, INTERPRETED WITHIN THE FRAMEWORK OF THE TOTALITY OF THE PROVISIONS ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE, EXCLUDES THE EXISTENCE OF ANY NATIONAL SYSTEM HAVING THE PURPOSE OF QUANTITATIVELY RESTRICTING THE CULTIVATION OF ONE OF THE PRODUCTS FALLING WITHIN THE COMMON ORGANIZATION OF THE MARKET .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND LIFE INSURANCE - INSURANCE PERIODS - AGGREGATION - APPORTIONMENT - BENEFITS - TOTAL AMOUNT LESS THAN AMOUNT OF BENEFIT TO WHICH INSURED ENTITLED UNDER LEGISLATION OF ONE MEMBER STATE - ARTICLE 28 ( 3 ) OF REGULATION NO 3 - INCOMPATIBILITY WITH ARTICLE 51 OF EEC TREATY - INVALIDITY

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND LIFE INSURANCE - RIGHT TO PENSION EXISTING WITHOUT RECOURSE TO INSURANCE PERIODS IN ANOTHER MEMBER STATE - ARTICLE 13 ( 1 ) ( B ) AND ( 5 ) OF REGULATION NO 4 - INAPPLICABILITY

Summary

1 . ARTICLE 28 ( 3 ) OF REGULATION NO 3, TO THE EXTENT TO WHICH IT IMPLIES AN AGGREGATION OF PERIODS AND A CONSECUTIVE APPORTIONMENT, RESULTING IN THE GRANT OF SEVERAL BENEFITS PAID BY DIFFERENT MEMBER STATES, THE TOTAL AMOUNT OF WHICH IS HOWEVER LESS THAN THAT OF THE BENEFIT TO WHICH THE WORKER IS ALREADY ENTITLED BY VIRTUE SOLELY OF THE LAWS OF ONE MEMBER STATE, IS INCOMPATIBLE WITH ARTICLE 51 AND ACCORDINGLY TO THAT EXTENT VOID .

2 . THE PROVISIONS OF ARTICLE 13 ( 1 ) ( B ) AND ( 5 ) OF REGULATION NO 4 DO NOT CONCERN CASES IN WHICH THE RIGHT TO A MAXIMUM PENSION EXISTS WITHOUT RECOURSE TO INSURANCE PERIODS IN ANOTHER MEMBER STATE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY - PENSION - ARTICLES 27 AND 28 OF REGULATION NO 3 - APPLICATION BY ANALOGY - BENEFITS - APPORTIONMENT - CONDITION - AGGREGATION OF PERIODS OF INSURANCE COMPLETED UNDER DIFFERENT LEGISLATIONS

( COUNCIL REGULATION NO 3, ARTICLE 26 ( 2 ), 27, 28 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY, OLD AGE AND DEATH - BENEFITS - RECOVERABLE ADVANCE - LIMITATION - APPLICATION OF NATIONAL LAW

( COUNCIL REGULATION NO 4, ARTICLE 34 ( 3 ))

Summary

1 . APPLICATION BY ANALOGY OF ARTICLES 27 AND 28 OF REGULATION NO 3 TO THE CASES REFERRED TO UNDER ARTICLE 26 ( 1 ) MEANS THAT APPORTIONMENT OF BENEFITS MAY NOT BE MADE UNLESS IT HAS BEEN NECESSARY, IN ORDER TO GIVE RISE TO ENTITLEMENT, TO AGGREGATE BEFOREHAND THE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS .

2 . AS ARTICLE 34 ( 3 ) IS INTEGRATED WITH THE PROVISIONS OF NATIONAL SOCIAL SECURITY LAWS AND SUPPLEMENTS THEM, ANY LIMITATION OR TIME LIMIT WHICH MAY APPLY MUST, IN THE PRESENT STATE OF THE LAW, BE DICTATED BY NATIONAL SOCIAL SECURITY LAW .
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1 . EEC TREATY - PRODUCTS ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC - FREE CIRCULATION IN THE FEDERAL REPUBLIC OF GERMANY - NOT COMMUNITY PRODUCTS

( EEC TREATY, PROTOCOL ON GERMAN INTERNAL TRADE )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AGRICULTURAL PRODUCERS - GUARANTEE OF INCOME - PRICE MECHANISM - LIMITATION TO COMMUNITY PRODUCTS

( EEC TREATY, ARTICLE 40 )

Summary

1 . THE DISPENSATION GRANTED BY THE PROTOCOL ON GERMAN INTERNAL TRADE ANNEXED TO THE TREATY DOES NOT HAVE THE RESULT OF MAKING THE GERMAN DEMOCRATIC REPUBLIC PART OF THE COMMUNITY, BUT ONLY THAT A SPECIAL SYSTEM APPLIES TO IT AS A TERRITORY WHICH IS NOT PART OF THE COMMUNITY .

THE IMPORTATION OF GOODS INTO THE FEDERAL REPUBLIC OF GERMANY UNDER THE PROTOCOL CANNOT THEREFORE BE REGARDED AS IMPORTATION FROM A THIRD COUNTRY, SINCE IT IS GERMAN INTERNAL TRADE .

ALTHOUGH SUCH GOODS ARE ENTITLED TO CIRCULATE FREELY IN THE FEDERAL REPUBLIC OF GERMANY WITHOUT CUSTOMS CLEARANCE, THEY ARE NOT REGARDED BY REASON OF THIS AS HAVING AN ORIGIN IN THE FEDERAL REPUBLIC OF GERMANY .

2 . THE ORGANIZATION OF THE AGRICULTURAL MARKETS HAS ESTABLISHED PRICE MECHANISMS INTENDED TO GIVE AGRICULTURAL PRODUCERS CERTAIN GUARANTEES OF INCOME .

THE BENEFIT OF THESE MEASURES IS LIMITED, IN GENERAL, TO PRODUCTS OF THE COMMUNITY, THAT IS TO SAY OF THOSE COUNTRIES WHICH CONTRIBUTE TO THE FINANCING OF THE COMMON AGRICULTURAL POLICY .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - MAIZE - IMPORTATION FROM A MEMBER STATE - LEVY FIXED IN ADVANCE - PERIOD LAID DOWN FOR IMPORTATION - NOT OBSERVED - FORCE MAJEURE

( REGULATION NO 31 OF THE COUNCIL - ARTICLE 2 ( 1 ) AND ( 2 ))

REGULATION NO 87/62 OF THE COMMISSION, ARTICLE 8 ( 3 ))

Summary

WHILE THE CONCEPT OF FORCE MAJEURE IN A CASE SUCH AS THE PRESENT IMPLIES THAT THE FAILURE TO OBSERVE A TIME LIMIT PROVIDED FOR IN THE LICENCE DOES NOT INVOLVE THE LOSS OF THE ENTITLEMENT TO A LEVY FIXED IN ADVANCE, THIS IS NEVERTHELESS ON CONDITION THAT THE DELAY IN IMPORTATION IS DUE TO EXCEPTIONAL CIRCUMSTANCES, AND IS IN PARTICULAR NOT DUE TO NEGLIGENCE OF WHICH A PRUDENT IMPORTER WOULD NOT BE GUILTY, EITHER WHEN ENTERING INTO A CONTRACT TO BUY OR TO CARRY, OR IN ASSERTING HIS RIGHTS AGAINST THE CARRIER .