ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - BUTTER FROM PUBLIC STORAGE - SALE AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS - MONETARY COMPENSATORY AMOUNTS AT A REDUCED RATE - OBJECTIVE - ADJUSTMENT TO THE PRICES REPRESENTING THE MARKET VALUE OF THE PRODUCTS IN QUESTION

( REGULATION NO 1259/72 OF THE COMMISSION , ART . 20 )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - BUTTER FROM PUBLIC STORAGE - SALE AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS - MONETARY COMPENSATORY AMOUNTS AT A REDUCED RATE - GRANT ON EXPORT AND LEVY ON RE-IMPORTATION - USE OF BUTTER AFTER RE-IMPORTATION INCONSISTENT WITH THE COMMUNITY RULES - ADJUSTMENT OF COMPENSATORY AMOUNTS LEVIED ON THE RE-IMPORTATION - CORRESPONDING OBLIGATION TO ADJUST THE COMPENSATORY AMOUNTS PAID ON EXPORT

( REGULATION NO 974/71 OF THE COUNCIL ; REGULATION NO 1259/72 OF THE COMMISSION , ART . 20 )

Summary

1 . THE APPLICATION , IN ACCORDANCE WITH ARTICLE 20 OF REGULATION NO 1259/72 ON THE DISPOSAL OF BUTTER AT A REDUCED PRICE TO CERTAIN COMMUNITY PROCESSING UNDERTAKINGS , TO BUTTER FROM STORAGE SOLD ON THE CONDITIONS SPECIFIED IN THE REGULATION , OF MONETARY COMPENSATORY AMOUNTS CONSIDERABLY LESS THAN THOSE NORMALLY APPLIED TO BUTTER DOES NOT CONSTITUTE ONE OF THE MEASURES LAID DOWN IN THE SAID REGULATION AND INTENDED TO PROMOTE THE DISPOSAL AND MARKETING OF BUTTER FROM STORAGE BUT FORMS PART OF THE GENERAL RULES GOVERNING THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS , THE FIXING OF WHICH IS BASED INTER ALIA ON THE PRICES OF THE PRODUCTS SUBJECT TO MONETARY COMPENSATION . THE AFORESAID ARTICLE 20 IS THUS INTENDED TO ADJUST THE MONETARY COMPENSATORY AMOUNTS ON THE BASIS OF THE PRICES OF THE PRODUCTS IN QUESTION , REPRESENTING THEIR MARKET VALUE , WHICH IS REDUCED BY REASON OF THE RESTRICTIONS RELATING TO THE ULTIMATE USE OF THE PRODUCTS . IF THOSE RESTRICTIONS ARE NOT OBSERVED THE BUTTER HAS ITS NORMAL MARKET VALUE AND THE REASONS FOR A REDUCTION OF THE MONETARY COMPENSATORY AMOUNTS DISAPPEAR .

2 . WHEN ON EXPORT AND RE-IMPORTATION OF BUTTER FROM STORAGE PURCHASED AT A REDUCED PRICE FROM THE INTERVENTION AGENCY OF A MEMBER STATE THE CUSTOMS AUTHORITIES THEREOF RESPECTIVELY GRANT AND LEVY MONETARY COMPENSATORY AMOUNTS AT THE REDUCED RATE PROVIDED FOR IN ARTICLE 20 OF REGULATION NO 1259/72 AND AFTER FINDING THAT THE BUTTER HAD NOT BEEN USED AFTER RE-IMPORTATION IN ACCORDANCE WITH THE PURPOSE OF AND WITHIN THE TIME-LIMITS PRESCRIBED BY THE REGULATION THEY LEVY A POSTERIORI THE DIFFERENCE IN RELATION TO THE MONETARY COMPENSATORY AMOUNTS AT THE FULL RATE , THEY MUST GRANT A POSTERIORI THE DIFFERENCE BETWEEN THE MONETARY COMPENSATORY AMOUNTS AT THE FULL RATE AND THE REDUCED COMPENSATORY AMOUNTS PAID ON EXPORT .
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1 . OFFICIALS - RETIREMENT - DISCRETIONARY POWER OF THE ADMINISTRATION - SCOPE

( STAFF REGULATIONS , ART . 50 )

2 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - DISCRETIONARY POWER OF THE ADMINISTRATION

3 . OFFICIALS - RETIREMENT - DISCRETIONARY POWER OF THE ADMINISTRATION - SCOPE - DECISION NOT TO ASSIGN AN OFFICIAL WHO HAS BEEN RETIRED TO ANOTHER POST - DEFENCE OF THE INTERESTS OF THE EMPLOYEE CONCERNED

( STAFF REGULATIONS , ART . 50 )

Summary

1 . THE COMMUNITY INSTITUTIONS HAVE A WIDE DISCRETIONARY POWER REGARDING DECISIONS RETIRING OFFICIALS IN GRADES A 1 AND A 2 . A POWER OF THAT KIND PRESUPPOSES CONSIDERABLE FREEDOM OF DECISION REGARDING THE OBJECTIVE REQUIREMENTS OF THE SERVICE AND THE ASSESSMENT OF THE INDIVIDUAL QUALITIES OF THE OFFICIALS CONCERNED AND ALSO A SCRUPULOUS EXAMINATION OF THE RELEVANT INFORMATION .

2 . THE INSTITUTIONS ARE EMPOWERED TO ORGANIZE AND REORGANIZE THEIR DEPARTMENTS ACCORDING TO THEIR REQUIREMENTS .

3 . THE COMMUNITY INSTITUTIONS ARE VESTED WITH A WIDE DISCRETIONARY POWER WITH REGARD TO ANY DECISION TO REASSIGN OFFICIALS TO ANOTHER POST IN THE SAME GRADE . OFFICIALS WHOM THE COMMISSION HAS DECIDED TO RETIRE DO NOT ENJOY ANY PREFERENCE IN THAT RESPECT OVER THE OTHER OFFICIALS WHO QUALIFY FOR CONSIDERATION . THEY MUST HOWEVER HAVE AN ADEQUATE OPPORTUNITY PROPERLY TO SAFEGUARD THEIR INTERESTS .
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Keywords

1 . OFFICIALS - PROMOTION - COMPARATIVE CONSIDERATION OF MERITS - CRITERIA - INTEREST OF THE SERVICE - CANDIDATES ' PERSONAL MERITS - APPOINTING AUTHORITY ' S DISCRETIONARY POWER - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS , ART . 45 )

2 . OFFICIALS - PROMOTION - COMPARATIVE CONSIDERATION OF MERITS - CRITERIA - DIPLOMA - TAKING INTO ACCOUNT - LIMITS

( STAFF REGULATIONS , ART . 45 )

3 . OFFICIALS - PROMOTION - COMPARATIVE CONSIDERATION OF MERITS - CRITERIA - CANDIDATES ' PERSONAL MERITS - SENIORITY - TAKING INTO ACCOUNT - LIMITS

( STAFF REGULATIONS , ART . 45 )

Summary

1 . THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN EVALUATING THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO CONSIDERATION IN THE CONTEXT OF A DECISION ON PROMOTION UNDER ARTICLE 45 OF THE STAFF REGULATIONS AND IN REGARD TO SUCH MATTERS THE COURT MUST CONFINE ITSELF TO THE QUESTION WHETHER THE ADMINISTRATION KEPT WITHIN PROPER BOUNDS AND DID NOT EXERCISE ITS POWERS IN A MANIFESTLY ERRONEOUS MANNER .

2 . IN THE CASE OF PROMOTION , FACTORS OTHER THAN DIPLOMAS MUST BE TAKEN INTO ACCOUNT WHEN THE MERITS OF OFFICIALS ELIGIBLE FOR PROMOTION ARE COMPARED , IN PARTICULAR THE GENERAL STANDARD OF THE WORK WHICH THEY HAVE PERFORMED IN CARRYING OUT THEIR DUTIES .

CONSEQUENTLY AN OFFICIAL CANNOT COMPLAIN THAT , IN THE EXERCISE OF ITS DISCRETION , THE APPOINTING AUTHORITY DID NOT TAKE INTO ACCOUNT SOLELY THE CANDIDATES ' DIPLOMAS AND CHOSE TO PROMOTE A PERSON WHOSE DIPLOMAS WERE OF A LOWER LEVEL THAN HIS .

3 . FOR THE PURPOSE OF PROMOTION , SENIORITY IS MERELY ONE OF A NUMBER OF CRITERIA OF ASSESSMENT AND IT CAN NEVER TAKE PRECEDENCE OVER THE MERITS OF CANDIDATES .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION BASED ON INTERNAL LEGAL SYSTEM - NOT PERMISSIBLE

( EEC TREATY , ART . 169 AND THIRD PARA . OF ART . 189 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY LAW .
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OFFICIALS - INVALIDITY PENSION - RATE AT WHICH PENSION IS TO BE PAID - PUBLIC-SPIRITED ACT - CONCEPT - ACT PERFORMED BY THE PERSON CONCERNED PRIOR TO HIS ENTRY INTO THE SERVICE OF THE COMMUNITIES - EXCLUSION

Summary

THE SECOND PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS MUST BE INTERPRETED AS NOT CONFERRING ON AN OFFICIAL AN ENTITLEMENT TO AN INVALIDITY PENSION AT THE MAXIMUM RATE WHERE HIS TOTAL PERMANENT INVALIDITY ARISES FROM A PUBLIC-SPIRITED ACT PERFORMED PRIOR TO HIS ENTRY INTO THE SERVICE OF THE COMMUNITIES .
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APPROXIMATION OF LAWS - INSURANCE AGAINST CIVIL LIABILITY FOR MOTOR VEHICLES - DIRECTIVE 72/166 - TERRITORY IN WHICH A VEHICLE IS NORMALLY BASED - CONCEPT - STATE OF REGISTRATION

( COUNCIL DIRECTIVE 72/166 )

Summary

WHERE A VEHICLE BEARS A PROPERLY ISSUED REGISTRATION PLATE IT MUST BE REGARDED AS NORMALLY BASED , WITHIN THE MEANING OF DIRECTIVE 72/166 , IN THE TERRITORY OF THE STATE OF REGISTRATION , EVEN IF AT THE MATERIAL TIME AUTHORIZATION TO USE THE VEHICLE HAD BEEN WITHDRAWN .
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Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - ARTICLE 30 OF THE TREATY - AIM DIFFERENT FROM THAT OF ARTICLE 85 - COMPATIBILITY OF NATIONAL RULES WITH THE PROHIBITION OF MEASURES HAVING EQUIVALENT EFFECT - CRITERIA

( EEC TREATY , ARTS 30 AND 85 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - SALE OF TOBACCO PRODUCTS TO THE CONSUMER - PRICES FIXED BY THE MANUFACTURER OR IMPORTER - COMPLIANCE IMPOSED BY A MEMBER STATE - PRACTICE POSSIBLY CONSTITUTING A MEASURE HAVING EQUIVALENT EFFECT - CRITERIA - ASSESSMENT BY THE NATIONAL COURT

( EEC TREATY , ART . 30 )

3 . COMPETITION - COMMUNITY RULES - SCOPE RATIONE MATERIAE - NATIONAL LEGISLATION IMPOSING PRICES FOR SALES TO THE CONSUMER - EXCLUSION

( EEC TREATY , ART . 85 )

Summary

1 . ARTICLE 30 OF THE TREATY , WHICH SEEKS TO ELIMINATE NATIONAL MEASURES CAPABLE OF HINDERING TRADE BETWEEN MEMBER STATES , PURSUES AN AIM DIFFERENT FROM THAT OF ARTICLE 85 , WHICH SEEKS TO MAINTAIN EFFECTIVE COMPETITION BETWEEN UNDERTAKINGS . A COURT CALLED UPON TO CONSIDER WHETHER NATIONAL LEGISLATION IS COMPATIBLE WITH ARTICLE 30 OF THE TREATY MUST DECIDE WHETHER THE MEASURE IN QUESTION IS CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE . THAT MAY BE THE CASE EVEN THOUGH THE HINDRANCE IS SLIGHT AND EVEN THOUGH IT IS POSSIBLE FOR IMPORTED PRODUCTS TO BE MARKETED IN OTHER WAYS .

2 . IN ORDER TO DECIDE WHETHER LEGISLATION OF A MEMBER STATE WHICH , AS REGARDS THE SALE OF TOBACCO PRODUCTS TO THE CONSUMER , IMPOSES A FIXED PRICE FREELY CHOSEN BY THE MANUFACTURER OR IMPORTER CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , THE NATIONAL COURT MUST INVESTIGATE WHETHER , HAVING REGARD TO THE FISCAL RESTRAINTS ON TRADE IN THE PRODUCTS CONCERNED , SUCH A SYSTEM OF IMPOSED PRICES IS IN ITSELF LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TRADE BETWEEN MEMBER STATES .

3 . WHILST IT IS TRUE THAT MEMBER STATES MAY NOT ENACT MEASURES ENABLING PRIVATE UNDERTAKINGS TO ESCAPE THE CONSTRAINTS IMPOSED BY ARTICLE 85 OF THE TREATY , THE PROVISIONS OF THAT ARTICLE BELONG TO THE RULES ON COMPETITION ' ' APPLYING TO UNDERTAKINGS ' ' AND ARE THUS INTENDED TO GOVERN THE CONDUCT OF PRIVATE UNDERTAKINGS IN THE COMMON MARKET . THEY ARE THEREFORE NOT RELEVANT TO THE QUESTION WHETHER NATIONAL LEGISLATION WHICH , AS REGARDS THE SALE OF TOBACCO PRODUCTS TO THE CONSUMER , IMPOSES A PRICE FIXED BY THE MANUFACTURER OR IMPORTER IS COMPATIBLE WITH COMMUNITY LAW .
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1 . OBJECTION OF ILLEGALITY - MEASURES WHOSE ILLEGALITY MAY BE PLEADED - INDIVIDUAL DECISIONS - NOT INCLUDED

( ECSC TREATY , ART . 36 , THIRD PARAGRAPH )

2 . ECSC - PRODUCTION - QUOTA SYSTEM FOR STEEL PRODUCTION - PRODUCTION IN EXCESS OF QUOTAS - FIXING OF A FINE - POWERS OF THE COMMISSION

( ECSC TREATY , ART . 58 ( 4 ); DECISION 1831/81 , ART . 12 )

3 . ECSC - PRODUCTION - QUOTA SYSTEM FOR STEEL PRODUCTION AND DELIVERY - PRODUCTION AND DELIVERY IN EXCESS OF QUOTAS - DOUBLE FINE - PERMISSIBILITY

( ECSC TREATY , ART . 58 ( 4 ); DECISION 1831/81 , ARTS 5 AND 12 )

Summary

1 . AN APPLICANT MAY NOT , IN THE COURSE OF PROCEEDINGS FOR THE ANNULMENT OF AN INDIVIDUAL DECISION , RAISE BY WAY OF OBJECTION THE ILLEGALITY OF ANOTHER INDIVIDUAL DECISION WHICH WAS ADDRESSED TO HIM AND WHICH HAS BECOME DEFINITIVE .

2.ALTHOUGH THE FINE WHICH MAY BE IMPOSED UNDER ARTICLE 12 OF THE GENERAL DECISION , DECISION 1831/81 , SHOULD NORMALLY BE FIXED AT AN AMOUNT OF 75 ECU PER EXCESS TONNE , THE COMMISSION MAY AND IS INDEED OBLIGED TO VARY THE AMOUNT OF FINES IN EXCEPTIONAL CASES ACCORDING TO THE CIRCUMSTANCES AND GRAVITY OF THE INFRINGEMENT .

3.ARTICLE 5 OF DECISION 1831/81 , IN CONJUNCTION WITH ARTICLE 12 OF THE SAME DECISION , IMPOSES TWO DISTINCT OBLIGATIONS ON THE UNDERTAKINGS CONCERNED , NAMELY AN OBLIGATION TO COMPLY WITH THE PRODUCTION QUOTAS AND AN OBLIGATION TO REFRAIN FROM EXCEEDING THE PORTION OF THOSE QUOTAS WHICH MAY BE DELIVERED WITHIN THE COMMON MARKET ; THOSE TWO RESTRICTIONS ARE INTENDED TO PROTECT TWO DISTINCT INTERESTS OF THE COMMUNITY . AN UNDERTAKING WHICH EXCEEDS BOTH QUOTAS AT THE SAME TIME THEREFORE COMMITS TWO DISTINCT INFRINGEMENTS OF THE DECISION IN QUESTION . IT FOLLOWS THAT IN THOSE CIRCUMSTANCES THE COMMISSION MAY IMPOSE TWO FINES TO BE CALCULATED SEPARATELY .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - EXTENT

( EEC TREATY , ARTS 190 AND 214 )

2 . AID GRANTED BY THE MEMBER STATES - COMMISSION DECISION THAT AID IS INCOMPATIBLE WITH THE COMMON MARKET - DUTY TO PROVIDE A STATEMENT OF REASONS - NECESSARY INFORMATION

( EEC TREATY , ARTS 92 , 93 AND 190 )

3 . MEASURES ADOPTED BY THE INSTITUTIONS - INDIVIDUAL DECISION - PUBLICATION - PRESERVATION OF PROFESSIONAL SECRECY - FACTS COVERED BY PROFESSIONAL SECRECY EXCLUDED FROM PUBLICATION

( EEC TREATY , ARTS 191 AND 214 )

Summary

1 . THE STATEMENT OF REASONS FOR A DECISION ADVERSELY AFFECTING AN UNDERTAKING MUST BE SUCH AS TO ALLOW THE COURT TO REVIEW ITS LEGALITY AND TO PROVIDE THE UNDERTAKING CONCERNED WITH THE INFORMATION NECESSARY TO ENABLE IT TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL-FOUNDED . THE REQUIREMENTS TO BE SATISFIED BY THE STATEMENT OF REASONS DEPEND ON THE CIRCUMSTANCES OF EACH CASE , IN PARTICULAR THE CONTENT OF THE MEASURE IN QUESTION , THE NATURE OF THE REASONS GIVEN AND THE NEED FOR INFORMATION OF THE UNDERTAKINGS TO WHOM THE MEASURE IS ADDRESSED OR OF OTHER PARTIES TO WHOM IT IS OF DIRECT AND INDIVIDUAL CONCERN WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY . THOSE REQUIREMENTS CANNOT BE DEPRIVED OF THEIR ESSENTIAL CONTENT BY A WIDE INTERPRETATION OF THE DUTY LAID DOWN IN ARTICLE 214 OF THE TREATY TO PRESERVE PROFESSIONAL SECRECY .

2 . EVEN IF IN CERTAIN CASES THE VERY CIRCUMSTANCES IN WHICH AID IS GRANTED ARE SUFFICIENT TO SHOW THAT THE AID IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES AND OF DISTORTING OR THREATENING TO DISTORT COMPETITION , THE COMMISSION MUST AT LEAST SET OUT THOSE CIRCUMSTANCES IN THE STATEMENT OF REASONS FOR ITS DECISION . A DECISION WHICH DOES NOT CONTAIN INFORMATION CONCERNING THE SITUATION OF THE RELEVANT MARKET , THE PLACE OF THE UNDERTAKING RECEIVING THE AID IN THAT MARKET , THE PATTERN OF TRADE BETWEEN MEMBER STATES IN THE PRODUCTS IN QUESTION AND THE UNDERTAKING ' S EXPORTS DOES NOT SATISFY THE REQUIREMENT OF A STATEMENT OF REASONS .

THE COMMISSION IS ALSO OBLIGED , WHERE IT INTENDS TO ALLOW A MEMBER STATE SOME LATITUDE IN DECIDING WHAT MEASURES ARE TO BE TAKEN TO BRING TO AN END A BREACH OF COMMUNITY LAW CONSISTING OF THE GRANT OF AID CONTRARY TO THE RULES OF THE TREATY , TO INCLUDE IN ITS DECISION THE INFORMATION NECESSARY TO INDICATE WHAT MEASURES MIGHT BE CONSIDERED APPROPRIATE .

3 . IN ORDER TO COMPLY WITH THE DUTY LAID DOWN IN ARTICLE 214 OF THE TREATY TO PRESERVE PROFESSIONAL SECRECY , THE COMMISSION MAY EXCLUDE FROM PUBLICATION OF AN INDIVIDUAL DECISION IN THE OFFICIAL JOURNAL THOSE FACTS WHICH IT CONSIDERS TO BE COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY .
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Keywords

ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS - EXCEEDING THE DELIVERY QUOTA IN A PARTICULAR QUARTER - REDUCTION OF DELIVERIES IN A SUBSEQUENT QUARTER IN ORDER TO COMPENSATE FOR THE EXCESS - NOT PERMISSIBLE - EXCEPTIONAL DIFFICULTIES OF THE UNDERTAKING IN OBSERVING THE QUOTA - BELATED REACTION BY THE COMMISSION - REDUCTION IN FINE

( ECSC TREATY , ART . 58 ; GENERAL DECISION NO 1831/81 , ART . 8 , AS AMENDED BY DECISION NO 2804/81 , AND ART . 12 )
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OBJECTION OF ILLEGALITY - ACTION BROUGHT AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS BY FAILING TO COMPLY WITH A DECISION PROHIBITING AID - EXPIRY OF THE LIMITATION PERIOD FOR AN ACTION FOR A DECLARATION THAT IT IS VOID - INADMISSIBILITY OF THE OBJECTION OF ILLEGALITY RAISED WITH REGARD TO THE DECISION

( EEC TREATY , FIRST AND SECOND SUBPARAGRAPHS OF ART . 93 ( 2 ) AND THIRD PARAGRAPH OF ART . 173 )

Summary

TO ALLOW A MEMBER STATE TO WHICH A DECISION ADOPTED UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 83 ( 2 ) HAS BEEN ADDRESSED A FURTHER OPPORTUNITY TO CALL IN QUESTION THE VALIDITY OF THAT DECISION ON THE OCCASION OF AN APPLICATION REFERRED TO IN THE SECOND SUBPARAGRAPH OF THAT ARTICLE , IN SPITE OF THE EXPIRY OF THE PERIOD LAID DOWN IN THE THIRD PARAGRAPH OF ARTICLE 173 OF THE TREATY , WOULD BE IMPOSSIBLE TO RECONCILE WITH THE PRINCIPLES GOVERNING THE LEGAL REMEDIES ESTABLISHED BY THE TREATY AND WOULD JEOPARDIZE THE STABILITY OF THAT SYSTEM AND THE PRINCIPLE OF LEGAL CERTAINTY UPON WHICH IT IS BASED .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' BONDED FIBRE FABRICS AND SIMILAR BONDED YARN FABRICS ' ' AND ARTICLES OF SUCH FABRICS WITHIN THE MEANING OF HEADING 59.03 - INDIVIDUAL CASE

Summary

A PRODUCT CONSISTING OF A FABRIC WHICH IS MADE OF POLYVINYL CHLORIDE MONOFIL 0.9 MM THICK , LAID DIRECT FROM A SPINNING NOZZLE IN THE FORM OF COILS AND HARDENED AND JOINED TOGETHER BY HEAT TREATMENT WITH THE AID OF A SPRAY , BEING A BONDED FIBRE FABRIC OR SIMILAR BONDED YARN FABRIC , FALLS UNDER HEADING NO 59.03 OF THE COMMON CUSTOMS TARIFF , EVEN IF IT IS INTENDED FOR USE AS A FLOOR COVERING .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FISH-LIVER OIL , ACYCLIC HYDROCARBON - CLASSIFICATION UNDER SUBHEADING 29.01 A - END USE OF THE GOODS - FAVOURABLE TARIFF ARRANGEMENT ( SUBHEADING 29.01 A II ) - LACK OF AUTHORIZATION - NOT PERMISSIBLE

( COMMISSION REGULATION NO 1535/77 , ART . 3 , AND NO 1775/77 )

Summary

A COMPLETELY HYDROGENATED ANIMAL OIL , MANUFACTURED FROM FISH LIVER , WHICH IS AT THE SAME TIME AN ACYCLIC HYDROCARBON , MUST BE CLASSIFIED UNDER SUBHEADING 29.01 A OF THE COMMON CUSTOMS TARIFF .

IN THE ABSENCE OF THE AUTHORIZATION PROVIDED FOR BY COMMISSION REGULATION NO 1775/77 OF 4 JULY 1977 DETERMINING THE CONDITIONS UNDER WHICH CERTAIN PETROLEUM PRODUCTS ARE ELIGIBLE UPON IMPORTATION FOR A FAVOURABLE TARIFF ARRANGEMENT BY REASON OF THEIR END USE , SUCH A PRODUCT CANNOT BE CLASSIFIED UNDER SUBHEADING 29.01 A II AND MUST BE CLASSIFIED UNDER SUBHEADING 29.01 A I .

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TARIEFCOMMISSIE ( ADMINISTRATIVE COURT OF LAST INSTANCE IN REVENUE MATTERS ), AMSTERDAM , FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
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1 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - APPLICATION - OBLIGATION ON CANDIDATE TO PROVIDE ALL USEFUL INFORMATION - NECESSITY OF ADDITIONAL INFORMATION - DISCRETION OF THE ADMINISTRATION

2 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - CONSIDERATION OF APPLICATIONS WITH REGARD TO CONDITIONS LAID DOWN - DISCRETION OF THE ADMINISTRATION - REVIEW BY THE COURT - LIMITS

3 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - OBLIGATION TO STATE REASONS - PURPOSE

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

4 . OFFICIALS - INDIVIDUAL DECISION - LATE NOTIFICATION - EFFECTS

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

5 . OFFICIALS - PROCEEDINGS - INTEREST IN BRINGING PROCEEDINGS - ACTION FOR THE ANNULMENT OF THE APPOINTMENT OF ANOTHER OFFICIAL - INADMISSIBILITY - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . IN A RECRUITMENT OR TRANSFER PROCEDURE IT IS INCUMBENT UPON EACH CANDIDATE TO PROVIDE ALL THE USEFUL FACTS AND INFORMATION WHICH WILL PERMIT THE APPOINTING AUTHORITY TO DECIDE WHETHER OR NOT HE FULFILS THE CONDITIONS LAID DOWN IN THE VACANCY NOTICE . IT IS FOR THAT AUTHORITY ALONE , OR WHERE APPROPRIATE THE SELECTION COMMITTEE , TO DECIDE WHETHER ADDITIONAL INFORMATION SHOULD BE SOUGHT FROM CANDIDATES .

2.IT IS FOR THE APPOINTING AUTHORITY TO ASSESS WHETHER A CANDIDATE FULFILS THE CONDITIONS REQUIRED BY THE VACANCY NOTICE , AND THAT ASSESSMENT MAY BE QUESTIONED ONLY IN THE EVENT OF MANIFEST ERROR .

3.THE OBLIGATION TO STATE THE REASONS ON WHICH A DECISION ADVERSELY AFFECTING AN OFFICIAL IS BASED IS INTENDED ON THE ONE HAND TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND ON THE OTHER HAND TO PROVIDE THE PERSON CONCERNED WITH THE INFORMATION NECESSARY TO RECOGNIZE WHETHER OR NOT THE DECISION IS WELL FOUNDED .

4.A DELAY IN THE NOTIFICATION OF AN INDIVIDUAL DECISION TO THE PERSON CONCERNED CANNOT ENTAIL THE ANNULMENT OF THAT DECISION , SINCE ITS NOTIFICATION IS AN ACT SUBSEQUENT TO THE DECISION AND THEREFORE HAS NO INFLUENCE ON ITS CONTENTS .

5.IN ORDER FOR AN OFFICIAL TO BRING PROCEEDINGS PURSUANT TO ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AGAINST A DECISION OF THE APPOINTING AUTHORITY , HE MUST HAVE A PERSONAL INTEREST IN THE ANNULMENT OF THE MEASURE IN QUESTION .

AN OFFICIAL WHO CANNOT HIMSELF VALIDLY CLAIM A VACANT POST , SINCE HE LACKS THE NECESSARY QUALIFICATIONS , HAS NO LEGITIMATE INTEREST IN THE ANNULMENT OF THE APPOINTMENT OF ANOTHER CANDIDATE TO THAT POST .
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1 . ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - FREE MOVEMENT OF GOODS - DEROGATIONS - STRICT INTERPRETATION .

( EEC TREATY , ART . 30 ; ACT OF ACCESSION , ARTS 35 AND 38 )

2 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - JUSTIFICATION - NOT ACCEPTABLE .

( EEC TREATY , ART . 169 )

Summary

1 . THE GENERAL SCHEME OF ARTICLE 30 OF THE EEC TREATY AND ARTICLE 35 OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC PROVIDES FOR THE FREE MOVEMENT OF GOODS . IN SO FAR AS ARTICLE 38 CONSTITUTES A DEROGATION FROM THAT PRINCIPLE IT MUST BE RESTRICTIVELY INTERPRETED .

2 . A MEMBER STATE MAY NOT PLEAD ADMINISTRATIVE DIFFICULTIES EXISTING IN THAT STATE IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH ITS OBLIGATIONS .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL OBLIGATIONS - PROCEDURE PRIOR TO THE APPLICATION TO THE COURT - FORMAL INVITATION TO SUBMIT OBSERVATIONS - DEFINITION OF THE SUBJECT-MATTER OF THE DISPUTE - REASONED OPINION - ENLARGEMENT OF THE SUBJECT-MATTER OF THE DISPUTE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2.FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRODUCTS LAWFULLY MANUFACTURED AND MARKETED IN OTHER MEMBER STATES - PROHIBITION OF IMPORTS - PROTECTION OF CONSUMERS - JUSTIFICATION - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

1 . IT FOLLOWS FROM THE PURPOSE ASSIGNED TO THE PRELIMINARY STAGE OF THE PROCEDURE UNDER ARTICLE 169 THAT THE INITIAL LETTER INVITING THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS IS INTENDED TO DEFINE THE SUBJECT-MATTER OF THE DISPUTE AND TO INDICATE TO THAT STATE THE FACTORS ENABLING IT TO PREPARE ITS DEFENCE . THE OPPORTUNITY FOR THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS CONSTITUTES AN ESSENTIAL GUARANTEE REQUIRED BY THE TREATY AND , EVEN IF THE MEMBER STATE DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF THEREOF , OBSERVANCE OF THAT GUARANTEE IS AN ESSENTIAL FORMAL REQUIREMENT OF THE PROCEDURE UNDER ARTICLE 169 .

ENLARGEMENT , IN THE REASONED OPINION , OF THE SCOPE OF THE COMPLAINT MADE IN THE INITIAL LETTER CONSTITUTES AN IRREGULARITY WHICH CANNOT BE CURED BY THE FACT THAT THE MEMBER STATE CONCERNED HAS SUBMITTED OBSERVATIONS ON THE REASONED OPINION .

2.ARTICLE 30 OF THE TREATY PROHIBITS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON THE IMPORTATION OF PRODUCTS LAWFULLY MANUFACTURED AND MARKETED IN OTHER MEMBER STATES . WITH REGARD TO SUCH PRODUCTS , THE IMPERATIVE NEED TO PROTECT CONSUMERS CANNOT JUSTIFY THE PROHIBITION OF IMPORTS IN SO FAR AS SUCH PROTECTION MAY BE ENSURED BY OTHER MEASURES , SUCH AS REQUIRING THE PROVISION OF APPROPRIATE INFORMATION , WHICH RESTRICT TRADE BETWEEN MEMBER STATES TO A LESSER EXTENT .
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Keywords

1 . NON-CONTRACTUAL LIABILITY - IMPORTATION OF LOW-PRICED NEW POTATOES FROM GREECE - COMMISSION ' S FAILURE TO ACT

( EEC TREATY , ARTS 46 AND 215 , SECOND PARA .; ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ARTS 130 ( 2 ) AND 131 ; COUNCIL REGULATIONS NO 17 , ART . 3 , AND NO 26 , ART . 4 )

2.ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - AGRICULTURE - PROTECTIVE MEASURE - CONDITIONS FOR IMPLEMENTATION - APPRAISAL BY THE COMMISSION

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 ( 2 ))
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1 . OFFICIALS - REIMBURSEMENT OF EXPENSES - LODGING ALLOWANCE - CONDITIONS FOR GRANT THEREOF

( STAFF REGULATIONS , ANNEX VII , ART . 14 ( 1 ), PARA . 2 )

2 . OFFICIALS - RECOVERY OF UNDUE PAYMENT - CONDITIONS - MANIFEST IRREGULARITY OF THE PAYMENT - PERSON CONCERNED AWARE THEREOF

( STAFF REGULATIONS , ART . 85 )