ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

1 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISIONS OF THE HIGH AUTHORITY - CONSTITUENT ELEMENTS

( ECSC TREATY, ARTICLE 14 )

2 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISIONS OF THE HIGH AUTHORITY - INTERPRETATION - SIGNIFICANCE OF STATEMENTS BY OFFICIALS

3 . COSTS - NO FORMAL APPLICATION - CONSEQUENCES

( RULES OF PROCEDURE, ARTICLE 69 ( 2 ))

Summary

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

2 . STATEMENTS ORIGINATING FROM OFFICIALS OF THE HIGH AUTHORITY CANNOT HAVE ANY INFLUENCE ON THE INTERPRETATION OF DECISIONS TAKEN BY IT, AT LEAST WHEN THAT INTERPRETATION, LEAVING ASIDE THE STATEMENTS MADE, LEADS TO AN UNEQUIVOCAL CONCLUSION .

3 . SEE SUMMARY IN JOINED CASES 23, 24 AND 52/63, PARAGRAPH 2 .

IN THE ABSENCE OF ANY FORMAL APPLICATION FOR THE UNSUCCESSFUL PARTY TO BE ORDERED TO PAY THE COSTS, THE LATTER CANNOT BE MADE TO PAY THE COSTS INCURRED BY THE SUCCESSFUL PARTY .

*/ EN.663J0023 /*.
Keywords

Summary



Keywords

++++

1 . OFFICIALS - APPEAL AGAINST DECISIONS CONCERNING THE POSITION OF A SERVANT PRIOR TO THE PUBLICATION OF THE STAFF REGULATIONS - NON-APPLICABILITY OF THE STAFF REGULATIONS BEFORE THE INTEGRATION OF THAT SERVANT

2 . OFFICIALS - INTEGRATION - FAVOURABLE OPINION OF THE ESTABLISHMENT BOARD - NOT BINDING ON THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLE 102 )

Summary

1 . IN CASE OF AN APPEAL AGAINST DECISIONS PRIOR TO THE PUBLICATION OF THE STAFF REGULATIONS CONCERNING THE EXECUTION OF A CONTRACT OF EMPLOYMENT IN FORCE AT THAT TIME, THE RULES IN THOSE REGULATIONS, AND PARTICULARLY THOSE IN ARTICLE 91, CANNOT BE APPLIED BEFORE THE INTEGRATION OF THE SERVANT CONCERNED HAS BEEN PROPERLY EFFECTED .

2 . A FAVOURABLE OPINION EXPRESSED BY THE ESTABLISHMENT BOARD CANNOT BIND THE APPOINTING AUTHORITY; THE LATTER CAN BE BOUND ONLY BY AN UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD .
Keywords

Summary



Keywords

++++

1 . COMMON INSTITUTIONS - PROVISIONS AFFECTING THEM - INTERPRETATION

2 . EUROPEAN ASSEMBLY - SESSION - CONCEPT

( ECSC TREATY, ARTICLE 22; EEC TREATY, ARTICLE 139; EAEC TREATY, ARTICLE 109 )

Summary

1 . THE PROVISIONS OF THE TREATIES AND THE PROTOCOLS WHICH APPLY TO A COMMON INSTITUTION MUST BE INTERPRETED TOGETHER AND, IF NECESSARY, RECONCILED .

2 . SUBJECT TO THE DATES OF OPENING AND CLOSURE OF THE ANNUAL SESSION DETERMINED BY ARTICLE 22 OF THE ECSC TREATY, THE EUROPEAN ASSEMBLY MUST BE CONSIDERED IN SESSION, EVEN IF IT IS NOT ACTUALLY SITTING, UP TO THE TIME OF THE CLOSURE OF THE ANNUAL OR EXTRAORDINARY SESSIONS .
Keywords

Summary



Keywords

++++

COURT OF JUSTICE OF THE ECSC - JUDGMENTS - INTERPRETATION - PURPOSE

( STATUTE OF THE COURT OF JUSTICE OF THE ECSC, ARTICLE 37 )

Summary

TO AVAIL HIMSELF OF THE PROVISIONS OF ARTICLE 37 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC, A PERSON MAKING AN APPLICATION FOR INTERPRETATION OF A JUDGMENT MUST BASE HIS ARGUMENT NOT ON CONTROVERSIES RELATING TO THE POSSIBLE EFFECT OF THE JUDGMENT IN QUESTION ON CASES OTHER THAN THAT ON WHICH A RULING HAS BEEN GIVEN BUT ON THE OBSCURITY OR AMBIGUITY AFFECTING THE MEANING OR SCOPE OF THE JUDGMENT ITSELF IN SETTLING THE PARTICULAR CASE BEFORE THE COURT .

CF . SUMMARY, PARAS . 2 AND 4, IN CASE 5/55, ( 1954/1955 ) ECR 268 .
Keywords

Summary



Keywords

++++

1 . FREEDOM OF MOVEMENT FOR PERSONS - MIGRANT WORKERS - REGULATION NO 3 OF THE COUNCIL OF THE EEC - PERSONS ENTITLED TO BENEFIT - ABSENCE OF LIMITATION

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLE 4 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - MIGRANT WORKERS - INSURANCE - BENEFITS PAYABLE UNDER THE LEGISLATION OF A MEMBER STATE FOR INJURY SUFFERED IN THE TERRITORY OF ANOTHER STATE - RIGHT OF INSTITUTIONS LIABLE FOR PAYMENT OF BENEFIT WITH REGARD TO A THIRD PARTY ACCOUNTABLE FOR COMPENSATION - APPLICATION OF THE RELATIVE PROVISIONS

( REGULATION NO 3 OF THE COUNCIL OF THE EEC, ARTICLE 52 )

Summary

1 . IT FOLLOWS FROM THE GENERAL WORDING OF ARTICLE 4(1 ) OF REGULATION NO 3 THAT THE APPLICATION OF THIS REGULATION IS LIMITED NEITHER TO WORKERS WHO HAVE BEEN EMPLOYED IN SEVERAL STATES NOR TO WORKERS WHO ARE OR HAVE BEEN EMPLOYED IN ONE STATE WHILE RESIDING OR HAVING RESIDED IN ANOTHER .

2 . ( A ) THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 52 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ARE APPLICABLE EVEN BEFORE A BILATERAL AGREEMENT, AS REFERRED TO IN THE SECOND PARAGRAPH OF THAT ARTICLE, HAS BEEN CONCLUDED BETWEEN THE MEMBER STATES CONCERNED, THIS PARAGRAPH BEING INTENDED ONLY TO ALLOW THE STATES TO SETTLE AMONG THEMSELVES ANY POSSIBLE DETAILS CONCERNING THE APPLICATION OF THE PROVISIONS IN ORDER TO FACILITATE THE ADAPTATION OF NATIONAL LAW TO THE COMMUNITY RULES .

( B ) THESE PROVISIONS ARE APPLICABLE WHERE A WORKER WHO, UNDER THE LEGISLATION OF ONE MEMBER STATE, IS IN RECEIPT OF ONE OF THE BENEFITS MENTIONED IN ARTICLE 2 OF REGULATION NO 3 IN RESPECT OF AN INJURY SUSTAINED IN THE TERRITORY OF ANOTHER MEMBER STATE IS ENTITLED TO CLAIM COMPENSATION FOR THAT INJURY FROM A THIRD PARTY IN THE LATTER STATE'S TERRITORY .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - ADMINISTRATIVE PROCEEDINGS - REJECTION CONFIRMING A PREVIOUS DECISION - NO ACT ADVERSELY AFFECTING THE OFFICIAL

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, EAEC AND ECSC, ARTICLES 90 AND 91 )

2 . PROCEDURE - JUDGMENT GRANTING ANNULMENT - LEGAL EFFECTS - LIMITED TO THE PARTIES AND TO THE PERSONS DIRECTLY CONCERNED BY THE MEASURE ANNULLED - JUDGMENT CONSTITUTING A NEW FACTOR - CONCEPT

Summary

1 . THE REJECTION OF A COMPLAINT BY WAY OF A COMMUNICATION CONFIRMING A PREVIOUS DECISION IS NOT AN ACT ADVERSELY AFFECTING AN OFFICIAL (' FAISANT GRIEF ') WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS .

2 . ( A ) CF . PARAGRAPH 4, SUMMARY IN CASE 43/64 ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

*/ 664J0043 /*.

( B ) A REFUSAL OF ONE OF THE PARTIES TO TAKE THE MEASURES NECESSARY IN ORDER TO COMPLY WITH A JUDGMENT OF THE COURT DOES NOT CONSTITUTE A DECISION ADVERSELY AFFECTING THE OTHER PARTY UNLESS THE JUDGMENT AT ISSUE WAS DELIVERED AS BETWEEN THE SAME PARTIES .
Keywords

Summary



Keywords

++++

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 - MEASURES 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 . CF . PARA . 1, SUMMARY, CASE 10/64, ( 1965 ) ECR 69 .

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 .

*/ 664J0010 /*.

2 . CF . PARA . 2, SUMMARY, IN 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 /*.
Keywords

Summary



Keywords

++++

1 . OFFICIALS - APPEALS - EXPIRY OF TIME-LIMIT - REQUEST OR COMPLAINT WITHIN THE MEANING OF ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS - DISTINCTION BETWEEN A REQUEST AND A COMPLAINT FOR THE PURPOSES OF ADMISSIBILITY

2 . OFFICIALS - APPEALS - EXPIRY OF TIME-LIMIT - REQUEST OR COMPLAINT WITHIN THE MEANING OF ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS - BAR TO RIGHT OF ACTION

3 . OFFICIALS - APPEALS - FAILURE TO ACT ON THE PART OF THE ADMINISTRATION - CONCEPT

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

4 . PROCEDURE - APPLICATION FOR ANNULMENT - JUDGMENT - LEGAL EFFECTS - LIMITED TO THE PARTIES AND TO THE PERSONS DIRECTLY CONCERNED BY THE MEASURE ANNULLED - JUDGMENT CONSTITUTING A NEW FACTOR - CONCEPT

Summary

1 . WHATEVER DIFFERENCE THERE MAY BE BETWEEN A REQUEST AND A COMPLAINT NEITHER CAN MAKE AVAILABLE TO THEIR AUTHOR A FRESH PERIOD OF TIME FOR FILING APPEALS SINCE THEY RELATE TO THE LEGALITY OF A MEASURE WHICH HE HAD REFRAINED FROM CONTESTING WITHIN THE PRESCRIBED PERIOD .

2 . CF . PARAGRAPH 1, SUMMARY IN CASE 52/64, ( 1965 ) ECR 981 .

A REQUEST OR COMPLAINT THROUGH OFFICIAL CHANNELS WHICH IS NOT MADE WITHIN THE PERIOD ALLOWED FOR FILING APPEALS TO THE COURT CANNOT, UPON THE EXPIRY OF THIS PERIOD, ESCAPE BEING TIME-BARRED .

*/ 664J0052 /*.

3 . CF . PARAGRAPH 2, SUMMARY IN CASE 52/64 ( 1965 ) ECR 981 .

A REPLY GIVEN BY THE ADMINISTRATION INFORMING THE OFFICIAL CONCERNED THAT HIS REQUEST OR COMPLAINT WITHIN THE MEANING OF ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS IS UNDER CONSIDERATION AMOUNTS TO A FAILURE TO GIVE A DECISION .

CF . PARAGRAPH 5, SUMMARY IN JOINED CASES 42 AND 49/59, REC . 1961, P . 106 .

*/ 664J0052 /*.

4 . CF . PARAGRAPH 4, SUMMARY IN CASE 43/64 ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

*/ 664J0043 /*.
Keywords

Summary



Keywords

++++

COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - CALCULATION OF CONTRIBUTIONS - ACCOUNT TAKEN BY THE HIGH AUTHORITY OF RE-USE OF ARISINGS OF FERROUS SCRAP - AVERAGE PERCENTAGE OF SUCH ARISINGS ADOPTED FOR CALCULATION - PRECISE INFORMATION ESSENTIAL

( ECSC TREATY, ARTICLE 53 )

Summary

WHEN IT FIXES THE PECUNIARY OBLIGATIONS OF AN UNDERTAKING ASSESSABLE UNDER THE SCHEME FOR THE EQUALIZATION OF FERROUS SCRAP, THE HIGH AUTHORITY MUST SHOW - AND INDEED GIVE A STATEMENT OF REASONS FOR - THE AVERAGE PERCENTAGE ADOPTED IN THE CASE IN QUESTION FOR THE PURPOSE OF CALCULATING THE SIGNIFICANCE OF THE ARISINGS OF FERROUS SCRAP; A MERE MENTION THAT ACCOUNT HAS BEEN TAKEN OF SUCH ARISINGS IS INSUFFICIENT . THE LACK OF THIS INFORMATION CONSTITUTES A SERIOUS HINDRANCE TO THE ADEQUATE DEFENCE OF THE UNDERTAKINGS CONCERNED AND THE NECESSARY REVIEW BY THE COURT .
Keywords

Summary



Keywords

++++

MEMBER STATES OF THE EEC - FAILURE TO FULFIL AN OBLIGATION ARISING UNDER THE TREATY - APPLICATION TO THE COMMISSION TO INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 169 OF THE EEC TREATY - REFUSAL OF THE COMMISSION - APPLICATION FOR ANNULMENT - INADMISSIBILITY

Summary

AN APPLICATION FOR THE ANNULMENT OF A MEASURE BY WHICH THE COMMISSION HAS ARRIVED AT A DECISION ON AN APPLICATION TO INITIATE THE PROCEDURE LAID DOWN TO DEAL WITH THE FAILURE OF A MEMBER STATE TO FULFIL AN OBLIGATION UNDER THE EEC TREATY IS INADMISSIBLE, SINCE THE INITIATION OF THIS PROCEDURE IS PART OF THE ADMINISTRATIVE STAGE THEREOF AND NO MEASURE TAKEN BY THE COMMISSION DURING THIS STAGE HAS ANY BINDING FORCE .
Keywords

Summary



Keywords

++++

1 . MEASURES ADOPTED BY AN INSTITUTION - DECISION OF THE HIGH AUTHORITY - STATEMENT OF REASONS - CRITERIA

( ECSC TREATY, ARTICLE 15 )

2 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - OWN RESOURCES OF SCRAP - CONCEPT

( ECSC TREATY, ARTICLE 53 )

3 . COSTS - PAYMENT OF OWN COSTS - EXCEPTIONAL CIRCUMSTANCES

( RULES OF PROCEDURE, ARTICLE 69(3 ))

Summary

1 . THE STATEMENT OF REASONS FOR A DECISION MUST CONTAIN THE ESSENTIAL ELEMENTS OF THE HIGH AUTHORITY'S REASONING IN SUCH A WAY THAT THE COURT AND ALL PERSONS CONCERNED MAY CHECK THAT THE LEGAL PROVISIONS IN QUESTION HAVE BEEN CORRECTLY APPLIED .

CF . PARAGRAPH 1, SUMMARY, CASE 36/64, ( 1965 ) ECR 426 .

2 . FERROUS SCRAP WHICH HAS NOT BEEN ACQUIRED FOR A CONSIDERATION AND WHICH IS RE-USED BY THE UNDERTAKING ON WHOSE BEHALF THE PRODUCTION ACTIVITY WHICH CREATED IT WAS CARRIED OUT CONSTITUTES AN UNDERTAKING'S OWN RESOURCES .

CF . PARAGRAPH 2, SUMMARY, CASE 50/65, ( 1966 ) ECR 210 .

3 . IF THE DEFECTIVE DRAFTING OF A MEASURE FOR WHICH THE DEFENDANT IS RESPONSIBLE HAS GIVEN RISE TO AN APPLICATION, THIS AMOUNTS TO AN EXCEPTIONAL CIRCUMSTANCE ALLOWING THE COURT TO ORDER THAT THE PARTIES BEAR THEIR OWN COSTS .

CF . PARAGRAPH 4, SUMMARY, CASE 14/63, ( 1963 ) ECR 723 .
Keywords

Summary



Keywords

++++

AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - IMPORTATION FROM THIRD COUNTRIES - CHARGE BY WAY OF TURNOVER TAX - NOT A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY - LEGALITY

( REGULATION NO 13/64/EEC OF THE COUNCIL OF 5 FEBRUARY 1964, ARTICLE 12(2 ))

Summary

A TAX IMPOSED ON THE IMPORTATION OF PRODUCTS FROM THIRD COUNTRIES DOES NOT CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLE 12(2 ) OF REGULATION NO 13/64 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKETS IN MILK AND MILK PRODUCTS WHEN IT IS IMPOSED AS A CHARGE UNDER THE NATIONAL SYSTEM OF TURNOVER TAX .

CF . PARAGRAPH 5, SUMMARY, CASE 57/65, ( 1966 ) ECR 295 .
Keywords

Summary



Keywords

++++

1 . MEASURES ADOPTED BY AN INSTITUTION - DECISIONS OF THE HIGH AUTHORITY - STATEMENT OF REASONS - PREPATORY INQUIRIES - IRRELEVANT OBJECTIONS - UNCERTAINTIES DUE TO APPLICANT'S OWN CONDUCT

( ECSC TREATY, ARTICLE 15 )

2 . ASSESSMENT TO CONTRIBUTION - ESTIMATED ASSESSMENT - POWERS OF THE HIGH AUTHORITY

( DECISION NO 13/58 OF THE HIGH AUTHORITY OF 24 JULY 1958, ARTICLE 2; OFFICIAL JOURNAL 1958, P.269

DECISION NO 16/58 OF THE HIGH AUTHORITY OF 24 JULY 1958, ARTICLE 15; OFFICIAL JOURNAL 1958, P . 275 )

Summary

1 . CF . PARAGRAPH 1, SUMMARY CASE 36/64, ( 1965 ) ECR 329 .

CF . PARAGRAPH 2, SUMMARY CASE 2/56, ( 1957 AND 1958 ) ECR 3 .

THE HIGH AUTHORITY IS UNDER NO OBLIGATION TO COMMUNICATE ALL THE DETAILS OF ITS PRELIMINARY INVESTIGATIONS, OR TO MAKE KNOWN ITS VIEWS ON WHOLLY IRRELEVANT OBJECTIONS .

A PARTY CANNOT PLEAD TO ITS ADVANTAGE ANY UNCERTAINTIES IN THE HIGH AUTHORITY'S ATTITUDE CAUSED BY THAT PARTY'S OWN CONDUCT .

2 . ARTICLE 12 OF DECISION NO 13/58 OF THE HIGH AUTHORITY AND ARTICLE 15 OF DECISION NO 16/58 OF THE HIGH AUTHORITY ARE DESIGNED TO ENABLE THE HIGH AUTHORITY, EITHER IN THE ABSENCE OF ANY DECLARATION OR WHERE A DECLARATION IS INCOMPLETE OR INSUFFICIENTLY PROVEN, TO MAKE GOOD BY ANY SUITABLE MEANS THE LACK OF A DECLARATION OR TO REMEDY THE OMISSIONS OR INACCURACIES IN DECLARATIONS SUPPLIED BY UNDERTAKINGS .

THE POWERS CONFERRED ON THE HIGH AUTHORITY TO CORRECT DECLARATIONS ARE NOT DISTINCT FROM THOSE WHICH IT MAY EXERCISE IN THE TOTAL ABSENCE OF A DECLARATION .
Keywords

Summary



Keywords

++++

1 . PROCEDURE - QUESTIONS REFERRED FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND DEATH PENSIONS - AGGREGATION - APPLICATION OF LEGISLATION MENTIONED IN ANNEX B TO REGULATION NO 3 INCLUDING NON-CONTRIBUTORY SCHEMES

( REGULATION NO 3, ARTICLE 27, ANNEX B )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS - CONVENTIONS REFERRED TO IN ARTICLE 6(2)(E ) AND IN ANNEX D - SCOPE OF REGULATION NO 3 - INTERPRETATION OF THE SAID CONVENTIONS

Summary

1 . THE CONSIDERATIONS WHICH MAY HAVE LED THE NATIONAL COURT TO CHOOSE THE QUESTIONS REFERRED TO THE COURT FOR A PRELIMINARY RULING AS WELL AS THE RELEVANCE WHICH IT ATTACHES TO THEM IN THE PROCEEDINGS PENDING BEFORE IT CANNOT BE EXAMINED BY THE COURT .

ARTICLE 177, WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN THE NATIONAL COURTS OR TRIBUNALS AND THE COURT OF JUSTICE, DOES NOT ENABLE THE LATTER TO RULE ON THE APPLICATION OF THE PROVISIONS OF COMMUNITY LAW .

2 . THE SYSTEM OF AGGREGATION PROVIDED FOR BY ARTICLE 27(1 ) OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ALSO APPLIES TO THE LEGISLATION MENTIONED IN ANNEX B, WHETHER IT ESTABLISHES A CONTRIBUTORY OR NON-CONTRIBUTORY SCHEME .

3 . IT IS CLEAR FROM ARTICLE 6(2)(E ) THAT REGULATION NO 3 IS NOT INTENDED TO DETRACT FROM THE PROVISIONS OF THE CONVENTIONS CONCLUDED BEFORE IT ENTERED INTO FORCE . THE REGULATION CONTINUES TO APPLY TO THE EXTENT TO WHICH THESE CONVENTIONS DO NOT IMPEDE ITS APPLICATION .

IT IS FOR THE NATIONAL COURT TO DECIDE WHAT EFFECT THE CONVENTIONS LISTED IN ANNEX D HAVE .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK - IMPORTS SUBJECT TO THE PRODUCTION OF A LICENCE - IMPORTATION IMPOSSIBLE DURING THE TERM OF VALIDITY OF SUCH LICENCE - CASE OF FORCE MAJEURE - ' ENGINE FAILURE ' WITHIN THE MEANING OF ARTICLE 6(3 ) OF REGULATION NO 136/64/EEC OF THE COMMISSION - CONCEPT

2 . FORCE MAJEURE - CONCEPT

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK - IMPORTATION SUBJECT TO THE PRODUCTION OF A LICENCE - IMPORTATION IMPOSSIBLE DURING THE TERM OF VALIDITY OF SUCH LICENCE - CASE OF FORCE MAJEURE RELIED ON BY THE IMPORTER - EVIDENCE TO BE ADDUCED

( REGULATION NO 136/64/EEC, ARTICLE 6(2 ))

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK - IMPORTATION SUBJECT TO THE PRODUCTION OF A LICENCE - IMPORTATION IMPOSSIBLE DURING THE TERM OF VALIDITY OF SUCH LICENCE - CASE OF FORCE MAJEURE - NATIONAL COURTS - JURISDICTION IN CASES NOT REFERRED TO IN ARTICLE 6(3 ) OR NOT RECOGNIZED BY THE NATIONAL AUTHORITIES IN ACCORDANCE WITH ARTICLE 6(4 ) OF REGULATION NO 136/64/EEC

Summary

1 . THE CONCEPT OF ' ENGINE FAILURE ' REFERRED TO IN ARTICLE 6(3 ) OF REGULATION NO 136/64/EEC DOES NOT INCLUDE FAILURES WHICH OCCUR IN MACHINERY INTENDED FOR THE PRODUCTION OF GOODS .

2 . AS THE CONCEPT OF FORCE MAJEURE IS NOT IDENTICAL IN THE DIFFERENT BRANCHES OF LAW AND THE VARIOUS FIELDS OF APPLICATION, THE SIGNIFICANCE OF THIS CONCEPT MUST BE DETERMINED ON THE BASIS OF THE LEGAL FRAMEWORK WITHIN WHICH IT IS INTENDED TO TAKE EFFECT .

RECOGNITION OF A CASE OF FORCE MAJEURE PRESUPPOSES THAT THE CONSEQUENCES OF THE UNUSUAL EVENT TO WHICH THIS CONCEPT RELATES CANNOT BE AVOIDED .

3 . WITHIN THE MEANING OF REGULATION NO 136/64/EEC, WHEN AN IMPORTER RELIES ON FORCE MAJEURE HE MUST SHOW THAT HE WAS UNABLE TO EFFECT THE IMPORTATION WITHIN THE PERIOD LAID DOWN AS A RESULT OF UNUSUAL CIRCUMSTANCES OUTSIDE HIS CONTROL, THE CONSEQUENCES OF WHICH, IN SPITE OF THE EXERCISE OF ALL DUE CARE ON HIS PART, HE COULD NOT HAVE AVOIDED EXCEPT AT THE COST OF EXCESSIVE SACRIFICE .

4 . THE COURTS OF MEMBER STATES MAY, WITHIN THE LIMITS OF THEIR OWN JURISDICTION, RECOGNIZE THE EXISTENCE OF A CASE OF FORCE MAJEURE NOT ONLY WHEN THE SITUATION RELIED ON IS INCLUDED IN THOSE ENUMERATED IN ARTICLE 6(3 ) OR WHEN IT HAS BEEN RECOGNIZED BY THE NATIONAL AUTHORITIES IN ACCORDANCE WITH PARAGRAPH ( 4 ), BUT ALSO IN OTHER SPECIFIC CASES WHICH JUSTIFY THE APPLICATION OF THE EXEMPTION REFERRED TO IN ARTICLE 6(2 ).
Keywords

Summary



Keywords

++++

OFFICIALS - DISCIPLINARY MEASURES - RESPONSIBILITY - BLAME FOR THE CONDUCT COMPLAINED OF - CONCEPT

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

Summary

AN OFFICIAL IS NOT FREE FROM RESPONSIBILITY FROM THE DISCIPLINARY POINT OF VIEW EXCEPT IN THE CASE OF MENTAL ILLNESS OF SUCH A DEGREE OF SERIOUSNESS THAT THE INTENTIONAL NATURE OF THE DISCIPLINARY OFFENCE IS EXCLUDED . ON THE OTHER HAND A PSYCHOLOGICAL DISORDER, EVEN THOUGH A SERIOUS ONE, CAUSING A MERE DIMINUTION IN RESPONSIBILITY CANNOT BE REGARDED AS EXCLUDING BLAME FOR THE CONDUCT COMPLAINED OF .
Keywords

Summary



Keywords

++++

1 . TRANSPORT - RATES AND CONDITIONS INVOLVING AN ELEMENT OF SUPPORT - EXAMINATION - AUTHORIZATION - POWERS AND DUTIES OF THE COMMISSION

( EEC TREATY, ARTICLE 80 )

2 . MEASURES ADOPTED BY AN INSTITUTION - STATEMENT OF REASONS

( EEC TREATY, ARTICLE 190 )

Summary

1 . BY EMPOWERING THE COMMISSION TO ACT ON ITS OWN INITIATIVE OR ON APPLICATION BY A MEMBER STATE TO EXAMINE THE RATES AND CONDITIONS INVOLVING AN ELEMENT OF SUPPORT AND BY INSTRUCTING IT IN THIS EXAMINATION TO TAKE ACCOUNT IN PARTICULAR OF THE REQUIREMENTS, NEEDS, PROBLEMS AND EFFECTS REFERRED TO IN ARTICLE 80(2 ), THE TREATY HAS CONFERRED ON THE COMMISSION A LARGE MEASURE OF DISCRETIONARY POWER, NOT ONLY AS REGARDS THE TARIFFS TO BE AUTHORIZED, BUT ALSO AS REGARDS THE DETAILS OF THE AUTHORIZATION TO BE GRANTED .

IT IS NOT POSSIBLE TO INTERPRET THIS PROVISION TO MEAN THAT THE COMMISSION IS OBLIGED TO GRANT ITS AUTHORIZATION ONCE CERTAIN CIRCUMSTANCES ARE ESTABLISHED, OR THAT IT IS OBLIGED TO MAINTAIN SUCH AUTHORIZATION IN FORCE AS LONG AS THE CIRCUMSTANCES WHICH GAVE RISE TO IT DO NOT CHANGE .

IN APPLYING ARTICLE 80(2 ) THE COMMISSION MUST RECONCILE THE ESSENTIAL DEMANDS OF THE COMMON MARKET AND THE PARTICULAR REQUIREMENTS OF REGIONAL DEVELOPMENT .

THE COMMISSION IS UNDER NO DUTY, IN ASSESSING THE REQUIREMENTS OF A REGIONAL ECONOMIC POLICY, TO ISOLATE THE TRANSPORT SECTOR FROM THE OTHER FACTORS OF DEVELOPMENT IN PARTICULAR FROM THE EFFECT OF MEASURES CONCERNING AGRICULTURAL POLICY .

2 . A STATEMENT OF REASONS MUST SHOW CLEARLY AND UNAMBIGUOUSLY THE GROUNDS ON WHICH THE MEASURE IS BASED .