ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - STAFF REGULATIONS OF THE ECSC - INTERPRETATION AND APPLICATION - COMPETENCE OF THE PRESIDENT OF THE COURT AS HEAD OF THE ADMINISTRATION .

2 . DECISION CONFERRING PERSONAL RIGHTS OR SIMILAR BENEFITS - WRONG INTERPRETATION OF A PROVISION - CANCELLATION

3 . DECISION CONFERRING PERSONAL RIGHTS OR SIMILAR BENEFITS - CANCELLATION - EFFECT OF ANNULMENT

4 . OFFICIALS - SEPARATION ALLOWANCE - CANCELLATION OF AN IMPLEMENTING DECISION - REFUSAL OF ALLOWANCE BY WAY OF COMPENSATION

( STAFF REGULATIONS OF THE ECSC, ARTICLES 60 ( 2 ) AND 47 )

5 . INTERPRETATION - SUBSTITUTION OF ONE WORDING FOR ANOTHER - DIFFERENCE IN DRAFTING - DIFFERENCE IN SCOPE - PRESUMPTION

6 . OFFICIALS - SEPARATION ALLOWANCE - DISTANCE BETWEEN THE PLACE OF RESIDENCE AND THE PLACE OF THE INSTITUTION - CONCEPT

( STAFF REGULATIONS OF THE ECSC, ARTICLE 47 )

7 . INTERPRETATION - LACK OF WORKING DOCUMENTS - LITERAL AND LOGICAL INTERPRETATION .

Summary

1 . THE PRESIDENT OF THE COURT CANNOT BE DENIED THE COMPETENCE AND DUTY TO INTERPRET THE STAFF REGULATIONS WHICH HE IS CALLED UPON TO APPLY SUBJECT TO REVIEW BY THE COURT OF THE CORRECTNESS OF THIS INTERPRETATION .

2 . IF THE ADMINISTRATIVE AUTHORITY BECOMES AWARE THAT A CERTAIN ALLOWANCE HAS BEEN GRANTED AS A RESULT OF A WRONG INTERPRETATION IT HAS THE POWER TO AMEND ITS PREVIOUS DECISION .

3 . CANCELLATION ON THE GROUNDS OF UNLAWFULNESS OF A DECISION CONFERRING PERSONAL RIGHTS AND SIMILAR BENEFITS, EVEN IF IN CERTAIN CASES IT DOES NOT INVOLVE, BECAUSE OF VESTED RIGHTS, ANNULMENT EX TUNC ALWAYS HAS THIS EFFECT EX NUNC .

4 . ARTICLE 60 ( 2 ) OF THE STAFF REGULATIONS OF THE ECSC CONTAINS A TRANSITIONAL PROVISION WHICH TOOK ACCOUNT SOLELY OF THE SITUATIONS EXISTING BEFORE THE STAFF REGULATIONS ENTERED INTO FORCE AND COULD THEREFORE BE APPLIED SOLELY TO GOVERN THOSE SITUATIONS .

EVEN IF THIS PROVISION COULD APPLY IN THE CASE OF AN ISOLATED AMENDMENT OF ARTICLE 47 ( 3 ) IT CANNOT BE APPLIED IN THE CASE OF THE REVERSAL OF A DECISION APPLYING THIS ARTICLE IF THE REVERSAL IS DUE TO A FINDING THAT THAT DECISION HAD BEEN TAKEN AS A RESULT OF A WRONG INTERPRETATION OF THE ARTICLE .

5 . WHERE ONE WORDING IS REPLACED BY ANOTHER IT MUST BE ASSUMED IN THE ABSENCE OF EVIDENCE TO THE CONTRARY THAT ANY DIFFERENCE IN WORDING INVOLVES A DIFFERENCE IN SCOPE IF THE NEW WORDING LEADS TO A DIFFERENT INTERPRETATION .

6 . THE FACT THAT THE WORD 'RADIUS' CONTAINED IN ARTICLE 16 ( B ) OF THE PROVISIONAL STAFF REGULATIONS HAS BEEN REPLACED IN ARTICLE 47 ( 3 ) OF THE STAFF REGULATIONS OF THE ECSC BY THE WORD 'DISTANCE' CLEARLY SHOWS THAT THE AUTHORS OF THE REGULATIONS WISHED TO REJECT THE CONCEPT OF 'AS THE CROW FLIES '.

7 . IN THE ABSENCE OF WORKING DOCUMENTS CLEARLY EXPRESSING THE INTENTION OF THE DRAFTSMEN OF A PROVISION, THE COURT CAN BASE ITSELF ONLY ON THE SCOPE OF THE WORDING AS IT IS AND GIVE IT A MEANING BASED ON A LITERAL AND LOGICAL INTERPRETATION .
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1 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION BY NATURAL AND LEGAL PERSONS AGAINST EEC REGULATIONS - ADMISSIBILITY

( EEC TREATY, ARTICLE 173 )

2 . PROCEDURE - APPLICATION FOR ANNULMENT - DECISION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY - CONCEPT

( EEC TREATY, ARTICLES 173 AND 189 )

3 . ADMINISTRATIVE MEASURES - MEASURES OF THE INSTITUTIONS OF THE EEC - DECISION AND REGULATION - DISTINCTION - CRITERIA

( EEC TREATY, ARTICLE 189 )

4 . ADMINISTRATIVE MEASURES - NATURE - CRITERIA

( EEC TREATY, ARTICLES 173 AND 189 )

5 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION BY NATURAL AND LEGAL PERSONS - REGULATIONS - PROVISIONS HAVING THE NATURE OF A DECISION - ADMISSIBILITY

( EEC TREATY, ARTICLE 173 )

6 . PROCEDURE - APPLICATION FOR ANNULMENT - EEC ACTS - PERSONS INDIVIDUALLY CONCERNED - MEASURES AFFECTING THE GENERAL INTERESTS OF A CATEGORY OF NATURAL OR LEGAL PERSONS - ASSOCIATION REPRESENTING THAT CATEGORY

( EEC TREATY, ARTICLE 173 )

Summary

1 . NATURAL AND LEGAL PERSONS OTHER THAN MEMBER STATES ARE NOT ENTITLED TO MAKE AN APPLICATION FOR ANNULMENT OF REGULATIONS ADOPTED BY THE COUNCIL OR THE COMMISSION .

2 . THE TERM 'DECISION' USED IN ARTICLE 173 HAS THE TECHNICAL MEANING EMPLOYED IN ARTICLE 189, WHICH IN PARTICULAR MAKES A CLEAR DISTINCTION BETWEEN THE CONCEPT OF A 'DECISION' AND THAT OF A 'REGULATION '.

3 . THE CRITERION FOR THE DISTINCTION BETWEEN THE TERMS 'DECISION' AND 'REGULATION' SHOULD BE SOUGHT IN THE GENERAL 'APPLICATION' OR OTHERWISE OF THE MEASURE IN QUESTION .

A DECISION IS OF INDIVIDUAL CONCERN TO SPECIFIC INDIVIDUALS; ITS ESSENTIAL CHARACTERISTICS ARISE FROM THE RESTRICTION OF THE CLASS OF PERSONS TO WHOM IT IS ADDRESSED .

A REGULATION, BEING ESSENTIALLY OF A LEGISLATIVE NATURE, IS NOT ADDRESSED TO A RESTRICTED NUMBER OF PERSONS, DEFINED OR INDENTIFIABLE, BUT APPLIES TO OBJECTIVELY DETERMINED SITUATIONS . IT INVOLVES IMMEDIATE LEGAL CONSEQUENCES IN ALL MEMBER STATES FOR CATEGORIES OF PERSONS VIEWED IN A GENERAL AND ABSTRACT MANNER .

4 . THE DETERMINATION OF THE LEGAL NATURE OF A MEASURE EMANATING FROM THE COUNCIL OR THE COMMISSION DOES NOT DEPEND ONLY ON ITS OFFICIAL DESIGNATION, BUT SHOULD FIRST TAKE INTO ACCOUNT ITS OBJECT AND CONTENT .

5 . WHEN A MEASURE, WHICH AS A WHOLE CONSTITUTES A REGULATION, INCLUDES PROVISIONS WHICH ARE CAPABLE OF BEING OF DIRECT AND INDIVIDUAL CONCERN TO CERTAIN NATURAL OR LEGAL PERSONS, SUCH PROVISIONS DO NOT HAVE THE CHARACTER OF A REGULATION AND MAY THEREFORE BE IMPUGNED BY THOSE CONCERNED .

6 . AN ASSOCIATION WHICH REPRESENTS A CATEGORY OF NATURAL OR LEGAL PERSONS IS NOT CONCERNED INDIVIDUALLY BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THE PERSONS IN THAT CATEGORY .
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1 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISION - CONCEPT

( EEC TREATY, ARTICLE 189; CF . SUMMARY OF JUDGMENT IN JOINED CASES 16 AND 17/62, REC . 1962 )

2 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - PROCEEDINGS BY INDIVIDUALS AGAINST A DECISION ADDRESSED 'TO ANOTHER PERSON' - SCOPE OF THAT EXPRESSION - BROAD INTERPRETATION

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 )

3 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - RIGHT OF ACTION OF INTERESTED PARTIES - NON-RESTRICTIVE INTERPRETATION OF THE PROVISIONS OF THE TREATY

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 ) 4 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - PROCEEDINGS BY INDIVIDUALS AGAINST A DECISION ADDRESSED 'TO ANOTHER PERSON' - DECISION OF INDIVIDUAL CONCERN TO THEM

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 )

5 . PROCEDURE - REQUEST FOR DECLARATION WITH REGARD TO POSSIBLE FUTURE DAMAGE FORMULATED IN THE APPLICATION - ACTION FOR COMPENSATION FORMULATED IN THE REPLY - ADMISSIBILITY OF THIS ACTION, CONSIDERED AS AN AMPLIFICATION OF THE REQUEST FOR DECLARATION WITH REGARD TO DAMAGE

( RULES OF PROCEDURE, ARTICLE 38 ( 1)(D )

6 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - MEASURE NOT ANNULLED - LACK OF BASIS FOR AN APPLICATION FOR COMPENSATION NULLIFYING THE LEGAL EFFECTS OF THAT MEASURE

Summary

1 . A MEASURE MUST BE CONSIDERED AS A DECISION IF IT REFERS TO A PARTICULAR PERSON AND BINDS THAT PERSON ALONE .

2 . THE WORDS AND THE NATURAL MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY WHICH ALLOWS AN INDIVIDUAL TO INSTITUTE PROCEEDINGS AGAINST DECISIONS ADDRESSED TO ANOTHER PERSON WHICH ARE OF DIRECT AND INDIVIDUAL CONCERN TO THE FORMER JUSTIFY THE BROADEST INTERPRETATION .

3 . THE PROVISIONS OF THE TREATY REGARDING THE RIGHT OF ACTION OF INTERESTED PARTIES MUST NOT BE INTERPRETED RESTRICTIVELY; WHERE THE TREATY IS SILENT A LIMITATION IN THIS RESPECT MAY NOT BE PRESUMED .

4 . PERSONS OTHER THAN THOSE TO WHOM A DECISION IS ADDRESSED MAY ONLY CLAIM TO BE INDIVIDUALLY CONCERNED IF THAT DECISION AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS, AND BY VIRTUE OF THESE FACTORS DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

5 . IF AN APPLICANT INCLUDES IN HIS APPLICATION A REQUEST FOR A DECLARATION WITH REGARD TO THE DAMAGE WHICH MAY RESULT FROM THE CONTESTED MEASURE AND SPECIFIES IN THE COURSE OF THE WRITTEN AND ORAL PROCEDURES THE SUBJECT MATTER OF THAT REQUEST AND SETS A VALUE ON THE AMOUNT OF THE DAMAGE, THE CONCLUSIONS OF AN APPLICATION FOR COMPENSATION FORMULATED IN THE REPLY MAY BE CONSIDERED AS AN AMPLIFICATION OF THOSE CONTAINED IN THE APPLICATION AND THEREFORE AS ADMISSIBLE UNDER ARTICLE 38 ( 1 ) ( D ) OF THE RULES OF PROCEDURE .

6 . AN ADMINISTRATIVE MEASURE WHICH HAS NOT BEEN ANNULLED CANNOT OF ITSELF CONSTITUTE A WRONGFUL ACT ON THE PART OF THE ADMINISTRATION INFLICTING DAMAGE UPON THOSE WHOM IT AFFECTS . THE LATTER CANNOT THEREFORE CLAIM DAMAGES BY REASON OF THAT MEASURE .
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MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISIONS OF THE HIGH AUTHORITY - CONSTITUENT ELEMENTS

( ECSC TREATY, ARTICLE 14 )

Summary

1 . SEE SUMMARY IN JOINED CASES 23, 24 AND 52/63 PARA . 1 .

( A ) A MEASURE WHICH SATISFIES THE FUNDAMENTAL CONDITIONS UNDERLYING THE CONCEPT OF A DECISION WITHIN THE MEANING OF THE TREATY RETAINS THE CHARACTER OF A DECISION EVEN THOUGH IT FAILS TO COMPLY WITH SOME INESSENTIAL REQUIREMENT OF FORM LAID DOWN BY THE HIGH AUTHORITY FOR THE IDENTIFICATION OF ITS DECISIONS .

( B ) THE DECISION MUST APPEAR AS A MEASURE ADOPTED BY THE HIGH AUTHORITY, ACTING AS A BODY, INTENDED TO PRODUCE LEGAL EFFECTS, CONSTITUTING THE CULMINATION OF PROCEDURE WITHIN THE HIGH AUTHORITY, WHEREBY THE LATTER GIVES ITS FINAL RULING IN A FORM WHICH ENABLES THE MEASURE IN QUESTION TO BE IDENTIFIED AS A DECISION .

ANY MEASURE, THEREFORE, WHICH, IN PARTICULAR, DOES NOT APPEAR TO HAVE BEEN DEBATED AND ADOPTED BY THE HIGH AUTHORITY AND WHICH IS NOT AUTHENTICATED BY THE SIGNATURE OF ONE OF ITS MEMBERS, CANNOT BE REGARDED AS A DECISION .

*/ EN.663J0023 /*.
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1 . UNDERTAKINGS - ASSOCIATION OF DISTRIBUTION UNDERTAKINGS - ASSOCIATION WITHIN THE MEANING OF THE ECSC TREATY

( ECSC TREATY, ARTICLES 48, 65, 80 )

2 . AGREEMENTS BETWEEN UNDERTAKINGS - REGULATION - APPLICATION TO ASSOCIATIONS OF UNDERTAKINGS

( ECSC TREATY, ARTICLES 48, 65, 80 )

3 . AGREEMENTS BETWEEN UNDERTAKINGS - AUTHORIZATION - NON-RENEWAL - SPECIFIC REASONS

( ECSC TREATY, ARTICLE 65 )

4 . AGREEMENTS BETWEEN UNDERTAKINGS - AUTHORIZATION - REVOCATION - SPECIFIC REASONS

( ECSC TREATY, ARTICLE 65 )

Summary

1 . AN ASSOCIATION WHICH REPRESENTS AND GROUPS TOGETHER UNDERTAKINGS REGULARLY ENGAGED IN DISTRIBUTION AS DEFINED IN ARTICLE 80 OF THE TREATY CONSTITUTES AN ASSOCIATION OF UNDERTAKINGS WITHIN THE MEANING OF THE ECSC TREATY .

2 . ARTICLE 65 OF THE TREATY APPLIES EQUALLY TO ASSOCIATIONS OF UNDERTAKINGS TO THE EXTENT THAT THEIR OWN ACTIVITY OR THAT OF THEIR MEMBER UNDERTAKINGS TENDS TO PRODUCE THE EFFECTS REFERRED TO THEREIN .

3 . WHEN THE HIGH AUTHORITY CONSIDERS ITSELF UNABLE TO RENEW ITS AUTHORIZATION OF AN AGREEMENT, IT MUST STATE ITS REASONS AND IN PARTICULAR INDICATE IN WHAT RESPECTS THE CONDITIONS SET OUT IN ARTICLE 65(2)(A ) TO ( C ) ARE NO LONGER FULFILLED .

4 . WHEN THE HIGH AUTHORITY INTENDS TO REVOKE THE AUTHORIZATION OF AN AGREEMENT IT MUST INDICATE THE CHANGE IN CIRCUMSTANCES WHICH WOULD RESULT IN THE AGREEMENT'S NO LONGER MEETING THE REQUIREMENTS FOR ITS AUTHORIZATION OR WHICH OF THE EFFECTS OF SUCH CHANGE WOULD BE CONTRARY TO THE REQUIREMENTS FOR ITS AUTHORIZATION .
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1 . DECISIONS INVOLVING PECUNIARY OBLIGATIONS - METHODS OF ENFORCEMENT - ACTION ON THE BASIS OF ARTICLE 33 OF THE ECSC TREATY - INADMISSIBILITY - JURISDICTION OF THE COURTS OF THE COUNTRY CONCERNED

( ECSC TREATY, ARTICLES 33, 92; EEC TREATY, ARTICLE 192; EAEC TREATY, ARTICLE 164 )

2 . PROCEDURE - ACTION - SUBMISSION BASED ON AN UNWRITTEN RULE OF LAW - ADMISSIBILITY

3 . INFORMATION - CHECKING - POWERS OF THE HIGH AUTHORITY - CONTINUATION AFTER THE TERMINATION OF BUSINESS OR THE INSOLVENCY OF AN UNDERTAKING

( ECSC TREATY, ARTICLE 47 )

4 . COMMON FINANCIAL ARRANGEMENTS - STATEMENTS OF ACCOUNT - PROVISIONAL NATURE - RIGHT OF THE HIGH AUTHORITY TO RECONSIDER THE AMOUNT OF CONTRIBUTIONS BEFORE THE CLOSURE OF ACCOUNTS

( ECSC TREATY, ARTICLE 53 )

Summary

1 . COMPLIANCE WITH NATIONAL LAWS ON THE ENFORCEMENT OF CLAIMS IN BANKRUPTCY SHOULD BE ENSURED, IF THE NEED ARISES, NOT BY WAY OF ACTION UNDER ARTICLE 33, BUT ON THE BASIS OF ARTICLE 92 OF THE TREATY ITSELF, THE COURTS OF THE COUNTRY CONCERNED HAVING JURISDICTION OVER COMPLAINTS THAT ENFORCEMENT IS BEING CARRIED OUT IN AN IRREGULAR MANNER .

2 . THE FACT THAT A RULE INVOKED BY A PARTY DOES NOT FORM PART OF WRITTEN LAW IS NOT SUFFICIENT PROOF THAT IT DOES NOT EXIST . SUCH A SUBMISSION CANNOT THEREFORE BE DISMISSED FROM THE OUTSET AS INADMISSIBLE .

3 . THE USUAL POWERS OF CHECKING AND SUPERVISION VESTED IN THE HIGH AUTHORITY WITH REGARD TO UNDERTAKINGS DO NOT END WHEN THE LATTER CEASE TO OPERATE THEIR BUSINESS OR BECOME INSOLVENT .

4 . IT FOLLOWS FROM THE NATURE OF THE EQUALIZATION SCHEME THAT THE FIXING OF CONTRIBUTIONS REMAINS ESSENTIALLY PROVISIONAL UNTIL THE FINAL CLOSURE OF ACCOUNTS .

ONLY THEN IS IT POSSIBLE FINALLY TO ESTABLISH THE TOTAL SUM OF THE EXPENSES OF ADMINISTERING THE SCHEME AND THE CONTRIBUTIONS PAYABLE BY EACH OF THE UNDERTAKINGS SUBJECT TO IT .

CONSEQUENTLY, THE NOTIFICATION OF CERTAIN SUMS DUE BY WAY OF EQUALIZATION CONTRIBUTIONS DOES NOT ESTOP THE HIGH AUTHORITY FROM RECONSIDERING THE AMOUNTS .
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1 . OFFICIALS - GRADING - TABLE OF DEFINITION OF DUTIES - TERMS NOT CORRESPONDING TO CLEARLY DISTINCT CONCEPTS - DISCRETION OF THE ADMINISTRATION - EXERCISE OF THAT DISCRETION OPEN TO CRITICISM IN A PARTICULAR CASE - MEASURE WHICH CANNOT BE ANNULLED

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 5 )

2 . OFFICIALS - GRADING - NO RIGHT TO A PARTICULAR POST BASED ON AN INTERNAL PROPOSAL FOR THE IMPROVEMENT OF THE SERVICE

Summary

1 . WHERE THE TERMS OF A TABLE OF DEFINITIONS OF DUTIES DO NOT CORRESPOND TO CLEARLY DISTINCT CONCEPTS, THEIR APPLICATION IS TO A CERTAIN EXTENT WITHIN THE DISCRETION OF THE ADMINISTRATION . THE FACT THAT THE APPLICATION OF SUCH TERMS MAY BE OPEN TO CRITICISM IN A PARTICULAR CASE IS NOT OF ITSELF SUFFICIENT TO MAKE THE MEASURE LIABLE TO BE ANNULLED FOR INFRINGEMENT OF ARTICLE 5 OF THE STAFF REGULATIONS AND OF MEASURES IN IMPLEMENTATION THEREOF .

2 . CF . PARA . 2, SUMMARY, JOINED CASES 109/63 AND 13/64, ( 1964 ) ECR 663 . AN INTERNAL ADMINISTRATIVE DOCUMENT, INTENDED TO CAUSE THE BUDGETARY AUTHORITY TO IMPROVE THE ORGANIZATION OF A DEPARTMENT CANNOT BY ITSELF CONSTITUTE LEGAL RECOGNITION OF THE RIGHT OF AN OFFICIAL TO A GRADING CORRESPONDING TO A PARTICULAR POST .

*/ 663J0109 /*.
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1 . PROCEDURE - APPLICATION FOR ANNULMENT - JOINT APPLICATION - CONDITIONS OF ADMISSIBILITY

2 . OFFICIALS - RECRUITMENT - APPEAL AGAINST LATER STEPS IN RECRUITMENT PROCEDURE - POSSIBILITY OF CONTESTING THE LEGALITY OF EARLIER STEPS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 91 )

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - CANDIDATES NOT HOLDING A UNVERSITY DEGREE - EXPERIENCE IN EMPLOYMENT - EQUIVALENCE TO SUCH A DEGREE - CRITERIA

Summary

1 . A JOINT APPLICATION IS ONLY ADMISSIBLE IF THE CONCLUSIONS OF THE APPLICANTS REFER ONLY TO IDENTICAL MEASURES OR TO MEASURES WHICH CONCERN THEM EQUALLY . THE ORIGINAL CONCLUSIONS OF THE APPLICANTS MAY BE AMENDED DURING THE ACTION IN ORDER TO MEET THESE REQUIREMENTS .

CF . PARAGRAPH 4, SUMMARY, JUDGMENT IN CASE 13/57, ( 1958 ) ECR 265 .

2 . CF . PARAGRAPH 1, SUMMARY, JUDGMENT IN JOINED CASES 12 AND 29/64, ( 1965 ) ECR 107 .

SINCE THE VARIOUS STEPS COMPRISING THE RECRUITMENT PROCEDURE FORM A SINGLE ENTITY, IT MUST BE ACCEPTED THAT IN AN ACTION CONTESTING LATER STEPS IN SUCH A PROCEDURE THE APPLICANT MAY CONTEST THE LEGALITY OF EARLIER STEPS WHICH ARE CLOSELY LINKED TO THEM . A SUBMISSION OF INADMISSIBILITY ON THE GROUND THAT AN APPEAL AGAINST THESE STEPS WAS OUT OF TIME IS THEREFORE INADMISSIBLE .

*/ 664J0012 /*.

3 . EXPERIENCE IN EMPLOYMENT EQUIVALENT TO A UNIVERSITY DEGREE IS OBTAINED THROUGH PROMOTION TO ACTIVITIES AND DUTIES NORMALLY RESERVED FOR THE HOLDERS OF SUCH DEGREES . IT IS ACCEPTABLE TO REQUIRE SUCH EXPERIENCE TO BE SPREAD OVER A CERTAIN PERIOD . HOWEVER, AS REGARDS THE LENGTH OF THIS PERIOD THE DURATION OF UNIVERSITY STUDIES CANNOT BE REGARDED AS A CRITERION .
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1 . MEASURES ADOPTED BY AN INSTITUTION - DECISIONS OF THE HIGH AUTHORITY - STATEMENT OF REASONS - CRITERIA

( ECSC TREATY, ARTICLE 15 )

2 . CARTELS - AUTHORIZATION - NON-RENEWAL - POWERS OF THE HIGH AUTHORITY

( ECSC TREATY, ARTICLE 65 )

3 . CARTELS - AUTHORIZATION - REVOCATION

( ECSC TREATY, ARTICLE 65 )

Summary

1 . THE STATEMENT OF REASONS FOR A DECISION, AS IT EMERGES FROM THE DECISION ITSELF AND FROM THE STATEMENTS OF REASONS, WITH WHICH IT IS CLOSELY CONNECTED, IN PREVIOUS DECISIONS, IS SUFFICIENT WHERE ON THE ONE HAND IT ENABLES THOSE CONCERNED TO KNOW THE ESSENTIAL CONSIDERATIONS OF FACT AND OF LAW UPON WHICH THE HIGH AUTHORITY RELIES, AND ON THE OTHER HAND TO ENABLE THE COURT TO EXERCISE THE JUDICIAL REVIEW ENTRUSTED TO IT BY THE TREATY .

CF . PARA . 1 OF SUMMARY IN CASE 1/63, ( 1963 ) ECR 303 .

2 . THE HIGH AUTHORITY MAY REFUSE TO RENEW THE AUTHORIZATION OF AN AGREEMENT IF IT FINDS THAT THE REQUIREMENTS OF SUBPARAGRAPHS ( A ) TO ( C ) OF ARTICLE 65(2 ) ARE NO LONGER MET .

CF . PARA . 3 OF SUMMARY IN CASE 67/63, ( 1964 ) ECR 297 .

3 . THE HIGH AUTHORITY MUST REVOKE THE AUTHORIZATION OF AN AGREEMENT IN PARTICULAR IF IT FINDS THAT THE ACTUAL RESULTS OF THE AGREEMENT OR OF ITS APPLICATION ARE CONTRARY TO THE REQUIREMENTS FOR ITS AUTHORIZATION .

CF . PARA . 4 OF SUMMARY IN CASE 67/63, ( 1964 ) ECR 297 .
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1 . PROCEDURE - PRELIMINARY RULING - PARTIES TO THE MAIN ACTION - RIGHTS

( EEC TREATY, ARTICLE 177 )

2 . FREE MOVEMENT OF PERSONS - WORKERS WITHIN THE MEANING OF REGULATION NO 3 OF THE COUNCIL OF THE EEC - CONCEPT

3 . FREE MOVEMENT OF PERSONS - WORKERS - ACCIDENT INSURANCE - BENEFITS GRANTED UNDER THE LEGISLATION OF A MEMBER STATE - INJURY SUSTAINED IN THE TERRITORY OF ANOTHER MEMBER STATE - INJURY SUSTAINED BEFORE THE ENTRY INTO FORCE OF REGULATION NO 3 OF THE COUNCIL OF THE EEC - INSTITUTIONS LIABLE FOR PAYMENT - RIGHTS WITH REGARD TO A THIRD PARTY LIABLE FOR COMPENSATION - ACTION FOR REIMBURSEMENT - ADMISSIBILITY

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLES 52 AND 53(3 ))

Summary

1 . SINCE THE RIGHT TO DETERMINE THE QUESTIONS TO BE BROUGHT BEFORE THE COURT DEVOLVES UPON THE COURT OR TRIBUNAL OF THE MEMBER STATE ALONE, THE PARTIES MAY NOT CHANGE THEIR TENOR OR HAVE THEM DECLARED TO BE WITHOUT PURPOSE .

2 . THE CONCEPT OF ' WORKER ' UNDER REGULATION NO 3 IS NOT LIMITED SOLELY TO MIGRANT WORKERS STRICTO SENSU OR SOLELY TO WORKERS REQUIRED TO MOVE FOR THE PURPOSE OF THEIR EMPLOYMENT .

CF . PARAGRAPH 1, SUMMARY IN CASE 75/63, ( 1964 ) ECR 351 .

3 . ARTICLE 52 OF REGULATION NO 3 EMPOWERS THE SOCIAL SECURITY INSTITUTIONS OF A MEMBER STATE TO BRING AN ACTION, ON CONDITIONS LAID DOWN THEREIN, FOR THE REIMBURSEMENT OF BENEFITS GRANTED IN CONSEQUENCE OF AN ACCIDENT EVEN IF IT OCCURRED BEFORE 1 JANUARY 1959 .
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BASIS OF ASSESSMENT - ESTIMATED ASSESSMENT - STATEMENT OF REASONS

Summary

WHEN AN ESTIMATED ASSESSMENT IS MADE, WHICH, BY BRIEFLY SETTING FORTH THE ESSENTIAL FACTOR ON WHICH IT IS BASED, IS SUFFICIENT IN LAW, THE ADMINISTRATION IS NOT BOUND TO EXPLAIN SUCH ASSESSMENT IN DETAIL OR REPRODUCE THE ACCOUNTING DOCUMENTS AND TECHNICAL ANALYSES ON WHICH IT IS BASED .

WHEN AN UNDERTAKING SUPPLIES EXPLANATIONS WHICH ARE NOT IRRELEVANT, THE HIGH AUTHORITY, AS DEFENDANT, MAY NOT RESTRICT ITSELF TO A MERE ASSERTION THAT THESE EXPLANATIONS ARE NOT ENTIRELY CONCLUSIVE AND ABSTAIN FROM STATING THE REASONS FOR ITS DECISION .
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OFFICIALS - DISCIPLINARY MEASURES - DISCIPLINARY PROCEEDINGS - CRITERIA FOR INITIATING SUCH PROCEEDINGS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 86 )

Summary

DISCIPLINARY PROCEEDINGS MUST BE BASED NOT ON GENERAL COMPLAINTS CAPABLE OF REFERRING TO AN INDETERMINATE AND UNVERIFIABLE NUMBER OF REPREHENSIBLE MATTERS, BUT RATHER ON FACTS WHICH ARE SUFFICIENTLY CLEARLY DEFINED TO MAKE IT POSSIBLE TO DISTINGUISH THEM FROM OTHER GROUNDS OF COMPLAINT .
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1 . MEASURES ADOPTED BY AN INSTITUTION - DECISION - CONCEPT

( EEC TREATY, ARTICLE 189 )

2 . POLICY OF THE EEC - RULES ON COMPETITION APPLICABLE TO UNDERTAKINGS - INFRINGEMENTS - FINES - EXEMPTION - REFUSAL BY THE COMMISSION - PROCEDURE TO BE FOLLOWED BEFORE GIVING A REFUSAL - STATEMENT OF REASONS

( EEC TREATY, ARTICLES 85, 86; REGULATION NO 17 OF THE COUNCIL OF THE EEC, ARTICLE 15, PARAGRAPHS 5 AND 6 )

Summary

1 . WHEN A COMMUNITY INSTITUTION UNEQUIVOCALLY ADOPTS A MEASURE THE LEGAL EFFECTS OF WHICH ARE BINDING ON THOSE TO WHOM IT IS ADDRESSED AND AFFECT THEIR INTERESTS, THIS MEASURE BY ITS VERY NATURE CONSTITUTES A DECISION .

2 . THE COMMISSION MUST PROCEED BY WAY OF A DECISION WHEN IT EXCLUDES AN AGREEMENT FROM THE BENEFIT OF AN EXEMPTION FROM A FINE UNDER ARTICLE 15(5 ) OF REGULATION NO 17 AND DECLARES ON THE BASIS OF ARTICLE 15(6 ) OF THE SAID REGULATION THAT ARTICLE 85(1 ) OF THE TREATY APPLIES, AND THAT APPLICATION OF ARTICLE 85(3 ) IS NOT JUSTIFIED . THE COMMISSION MUST CONSIDER THE FACTS OF THE CASE, AND APPLY TO THEM THE TERMS OF ARTICLE 85(1)(3 ). IT MUST EXPRESSLY FIND THAT THE AGREEMENT IN QUESTION CONTAINS ALL THE CONSTITUENT ELEMENTS PRESCRIBED BY ARTICLE 85(1 ) AND THAT APPLICATION OF ARTICLE 85(3 ) IS NOT JUSTIFIED . THE COMMISSION MUST GIVE REASONS FOR THIS DECISION WITH SUFFICIENT CLARITY TO ALLOW THE COURT AND ALL PARTIES CONCERNED TO ASCERTAIN WHETHER THE PROVISIONS MENTIONED ABOVE HAVE BEEN APPLIED CORRECTLY .
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1 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - CUMULATIVE MULTI-STAGE TAX - AVERAGE RATES FOR IMPORTED PRODUCTS OR GROUPS OF IMPORTED PRODUCTS WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 97 - NO INDIVIDUAL RIGHTS

2 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - TAXATION IMPOSED ON DOMESTIC PRODUCTS - CONCEPT

( EEC TREATY, ARTICLE 95 )

3 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - RIGHTS CONFERRED ON INDIVIDUALS BY COMMUNITY LAW - POWERS OF NATIONAL COURTS FOR THE PURPOSE OF PROTECTING SUCH RIGHTS

( EEC TREATY, ARTICLE 95 )

Summary

1 . CF . PARAGRAPH 4, SUMMARY, CASE 28/67 . ( 1968 ) ECR 143 .

THE FIRST PARAGRAPH OF ARTICLE 97, WHICH APPLIES WHERE MEMBER STATES OPERATING A TURNOVER TAX ACCORDING TO A CUMULATIVE MULTI-STAGE TAX SYSTEM HAVE ACTUALLY EXERCISED THE RIGHT THEREIN GRANTED TO THEM, DOES NOT, IN THE PRESENT STATE OF COMMUNITY LAW, CREATE INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT . IT IS THEREFORE NOT FOR NATIONAL COURTS TO APPRAISE WHETHER AVERAGE RATES ESTABLISHED BY MEMBER STATES CONFORM TO THE PRINCIPLES OF ARTICLE 95 .

*/ 667J0028 /*.

2 . THE CONCEPT OF TAXATION IMPOSED ON A DOMESTIC PRODUCT WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY MEANS THE TAX BURDEN WHICH RESULTS FROM THE APPLICATION OF THE RATE OF TAX FIXED BY LAW .

3 . ARTICLE 95 OF THE TREATY HAS THE EFFECT OF EXCLUDING THE APPLICATION OF ANY NATIONAL MEASURE INCOMPATIBLE WITH IT . HOWEVER, THE ARTICLE DOES NOT RESTRICT THE POWERS OF THE COMPETENT NATIONAL COURTS TO APPLY, FROM AMONG THE VARIOUS PROCEDURES AVAILABLE UNDER NATIONAL LAW, THOSE WHICH ARE APPROPRIATE FOR THE PURPOSE OF PROTECTING THE INDIVIDUAL RIGHTS CONFERRED BY COMMUNITY LAW . PARTICULARLY WHEN AN INTERNAL TAX IS INCOMPATIBLE WITH THE FIRST PARAGRAPH OF ARTICLE 95 ONLY BEYOND A CERTAIN AMOUNT, IT IS FOR THE NATIONAL COURT TO DECIDE, ACCORDING TO THE RULES OF ITS NATIONAL LAW, WHETHER THE ILLEGALITY AFFECTS THE WHOLE TAX OR ONLY SO MUCH OF IT AS EXCEEDS THAT AMOUNT . IT IS ALSO FOR THAT COURT TO DECIDE WHETHER THE RULES OF NATIONAL LAW WHICH CONFLICT WITH THE SAID PROVISION MUST BE REPEALED OR WHETHER THEY ARE VOID AS FROM 1 JANUARY 1962, OR TO SELECT ANY OTHER SOLUTION .

CF . PARAGRAPH 2, SUMMARY, CASE 28/67 .