ddrg/super_eurlex huggingface dataset:
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1 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - SEVERAL TARIFF HEADINGS - CHOICE - DISCRETION OF THE COMMISSION

( REGULATION ( EEC ) NO 97/69 OF THE COUNCIL )

2 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - CHERRIES - PUT UP IN A MIXTURE OF WATER AND ETHYL ALCOHOL - TARIFF SUBHEADING 20.06 B 1

( REGULATION ( EEC ) NO 1709/74 OF THE COMMISSION )

Summary

1 . REGULATION ( EEC ) NO 97/69 OF THE COUNCIL HAS CONFERRED ON THE COMMISSION, ACTING IN COOPERATION WITH THE CUSTOMS EXPERTS OF THE MEMBER STATES, A WIDE DISCRETION AS TO THE CHOICE BETWEEN TWO OR MORE HEADINGS WHICH COME INTO CONSIDERATION WITH REGARD TO THE CLASSIFICATION OF SPECIFIC GOODS WITH THE SOLE RESERVATION THAT THE PROVISIONS ADOPTED BY THE COMMISSION DO NOT AMEND THE TEXT OF THE TARIFF .

2 . UNDER REGULATION ( EEC ) NO 1709/74 OF THE COMMISSION, CHERRIES PUT UP IN A MIXTURE OF WATER AND ETHYL ALCOHOL MUST BE CLASSIFIED UNDER SUBHEADING 20.06 B 1 OF THE COMMON CUSTOMS TARIFF .
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1 . COMMON CUSTOMS TARIFF - FLAKED BARLEY UNDER TARIFF SUBHEADING 11.02 E I B 1 - CONCEPT - ROLLED GRAINS OF BARLEY UNDER SUBHEADING 11.02 E I A 1 - DIFFERENCE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - EXPORTATION - CERTIFICATE - PRODUCT INDICATED - PRODUCT EXPORTED - DIFFERENCE - EXPORT REFUND - GRANTING - RATE - FIXING - ABSENCE - BENEFIT - RIGHT - ABSENCE

( REGULATION NO 120/67 OF THE COUNCIL , ARTICLE 16 ; REGULATION NO 1041/67 OF THE COUNCIL , ARTICLE 1 AND ARTICLE 3 )

Summary

1 . FLAKED BARLEY UNDER TARIFF HEADING 11.02 E I B 1 IS MANUFACTURED FROM GRAINS SUBJECTED TO HULLING WHICH REMOVES PART OF THEIR HUSK AND WHAT DISTINGUISHES IT FROM ' ROLLED GRAINS ' OF BARLEY UNDER SUBHEADING 11.02 E I A 1 IS THUS NOT WHAT IS REMOVED IN ROLLING .

2 . ARTICLE 16 OF REGULATION NO 120/67 AND ARTICLES 1 AND 3 OF REGULATION NO 1041/67 MAY BE UNDERSTOOD AS CONFERRING A RIGHT TO THE GRANT OF AN EXPORT REFUND EVEN IF THE PRODUCT EXPORTED DIFFERS FROM THAT FOR WHICH THE EXPORT CERTIFICATE WAS ISSUED .

WHEN AT THE RELEVANT DATE NO RATE OF REFUND IS FIXED FOR THE PRODUCT WHICH IS ACTUALLY EXPORTED THERE IS NO RIGHT TO A REFUND .
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1 . QUANTITATIVE RESTRICTIONS - ELIMINATION - STATE MONOPOLIES OF A COMMERCIAL CHARACTER - TRANSITIONAL PERIOD - EXPIRATION - DISCRIMINATION - ABOLITION

( EEC TREATY , ARTICLE 37 )

2 . QUANTITATIVE RESTRICTIONS - ELIMINATION - STATE MONOPOLIES OF A COMMERCIAL CHARACTER - DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED - PROHIBITION - EXTENT

( EEC TREATY , ARTICLE 37 )

3 . QUANTITATIVE RESTRICTIONS - ELIMINATION - STATE MONOPOLIES OF A COMMERCIAL CHARACTER - DISPOSAL OF OR OBTAINING THE BEST RETURN FOR AGRICULTURAL PRODUCTS - DISCRIMINATION - ABOLITION - DEROGATION - ABSENCE

( EEC TREATY , ARTICLE 37 )

Summary

1 . ARTICLE 37 ( 1 ) PRESCRIBES IN MANDATORY TERMS THAT MONOPOLIES MUST BE ADJUSTED IN SUCH A WAY AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED SUCH DISCRIMINATION SHALL CEASE TO EXIST .

2 . THE APPLICATION OF ARTICLE 37 ( 1 ) IS NOT LIMITED TO IMPORTS OR EXPORTS WHICH ARE DIRECTLY SUBJECT TO THE MONOPOLY BUT COVERS ALL MEASURES WHICH ARE CONNECTED WITH ITS EXISTENCE AND AFFECT TRADE BETWEEN MEMBER STATES IN CERTAIN PRODUCTS , WHETHER OR NOT SUBJECT TO THE MONOPOLY , AND THUS COVERS CHARGES WHICH RESULT IN DISCRIMINATION AGAINST IMPORTED PRODUCTS AS COMPARED WITH NATIONAL PRODUCTS COMING UNDER THE MONOPOLY .

THIS PROVISION PREVENTS A MEMBER STATE FROM LEVYING A CHARGE IMPOSED ONLY ON PRODUCTS IMPORTED FROM ANOTHER MEMBER STATE FOR THE PURPOSE OF COMPENSATING FOR THE DIFFERENCE BETWEEN THE SELLING PRICE OF THE PRODUCT IN THE COUNTRY FROM WHICH IT COMES AND THE HIGHER PRICE PAID BY THE STATE MONOPOLY TO NATIONAL PRODUCERS OF THE SAME PRODUCT .

3 . ARTICLE 37 ( 4 ) DOES NOT DEROGATE FROM THE OTHER PROVISIONS OF THAT ARTICLE . ITS PURPOSE IS TO ENABLE THE NATIONAL AUTHORITIES , IF NECESSARY IN COOPERATION WITH THE COMMUNITY INSTITUTIONS , TO PROMULGATE MEASURES COMPATIBLE WITH PARAGRAPHS ( 1 ) AND ( 2 ) AND DESIGNED TO COMPENSATE FOR THE EFFECTS WHICH THE ABOLITION OF THE DISCRIMINATION WHICH A MONOPOLY SPECIFICALLY IMPLIES MAY HAVE ON THE EMPLOYMENT AND STANDARD OF LIVING OF THE PRODUCERS CONCERNED .
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OFFICIALS - PROMOTION - CHOICE - CRITERIA - DISCRETIONARY POWER OF THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

Summary

EVEN IN A CASE IN WHICH IT MAY BE OPEN TO QUESTION WHETHER THE APPOINTING AUTHORITY DID NOT GIVE TOO MUCH WEIGHT TO THE ASSESSMENTS MADE BY DEPARTMENTAL HEADS AS COMPARED TO THE OTHER FACTORS INVOLVED IN THE EVALUATION , THAT AUTHORITY HOWEVER , HAS POWER UNDER THE STAFF REGULATIONS WHEN DECIDING ON PROMOTIONS TO MAKE A CHOICE ON THE BASIS OF A CONSIDERATION , CARRIED OUT IN THE MANNER WHICH IT CONSIDERS TO BE THE MOST APPROPRIATE , OF THE COMPARATIVE MERITS OF THE CANDIDATES ELIGIBLE FOR PROMOTION AND OF THE REPORTS ON THEM .
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1 . OFFICIALS - DISPUTES WITH THE EUROPEAN INVESTMENT BANK - JURISDICTION OF THE COURT

( EEC TREATY , ARTICLE 179 )

2 . OFFICIALS - DISPUTES WITH THE EUROPEAN INVESTMENT BANK - NATURE OF THE RELATIONSHIP BETWEEN EMPLOYER AND EMPLOYEE

3 . OFFICIALS - DISPUTES WITH THE EUROPEAN INVESTMENT BANK - CONTRACT OF EMPLOYMENT - TERMINATION - MATERIAL AND NON-MATERIAL DAMAGE .

4 . OFFICIALS - DISPUTES WITH THE EUROPEAN INVESTMENT BANK - CONTRACT OF EMPLOYMENT - TERMINATION - LIMITATION

Summary

1 . BY ITS USE OF THE WORDS ' ANY DISPUTE BETWEEN THE COMMUNITY AND ITS SERVANTS ' ARTICLE 179 IS NOT RESTRICTED EXCLUSIVELY TO THE INSTITUTIONS OF THE COMMUNITY AND THEIR STAFF BUT ALSO INCLUDES THE BANK AS A COMMUNITY INSTITUTION ESTABLISHED AND WITH LEGAL PERSONALITY CONFERRED BY THE TREATY . UNDER THIS ARTICLE THE COURT THUS HAS JURISDICTION IN ANY DISPUTE BETWEEN THE BANK AND ITS SERVANTS .

2 . THE SYSTEM ADOPTED FOR THE RELATIONS BETWEEN THE BANK AND ITS EMPLOYEES IS CONTRACTUAL . THE CONTRACT MAY BE REPUDIATED AND TERMINATED BY EITHER OF THE PARTIES ON THE CONDITIONS LAID DOWN BOTH IN THE REGULATIONS AND IN THE CONTRACT ITSELF .

3 . IF THE CONTRACT IS TERMINATED CONTRARY TO THE PROVISIONS OF THE INDIVIDUAL CONTRACT OR OF THE STAFF REGULATIONS OF THE EUROPEAN INVESTMENT BANK WHICH ARE DEEMED TO BE AN INTEGRAL PART THEREOF THE PARTY HAVING ILLEGALLY TERMINATED THE CONTRACT MUST BE ORDERED TO COMPENSATE THE OTHER PARTY FOR THE MATERIAL AND NON-MATERIAL DAMAGE OCCASIONED TO THE LATTER BY SUCH ILLEGALITY .

4 . BOTH THE PROVISIONS OF THE CONTRACT AND THE GENERAL PRINCIPLES OF THE LAW OF MASTER AND SERVANT IMPOSE LIMITS ON THE INTENTION OF THE PARTIES . TERMINATION OF A CONTRACT WHICH EXCEEDS THOSE LIMITS MAY BE VOID AND IT WILL BE FOR THE COURT HAVING JURISDICTION , IN THIS CASE THE COURT OF JUSTICE , TO MAKE A DECLARATION TO THAT EFFECT .
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1 . OFFICIALS - STAFF REGULATIONS - IMPLEMENTATION - GENERAL PROVISIONS - INFORMING STAFF - FORMS

( STAFF REGULATIONS , ARTICLE 110 , SECOND PARAGRAPH )

2 . OFFICIALS - ACTS OF THE ADMINISTRATION - PUBLICITY - ARTICLE 25 OF THE STAFF REGULATIONS - RESTRICTIONS TO INDIVIDUAL DECISIONS

3 . OFFICIALS - RECRUITMENT - PROCEDURE - INTERNAL COMPETITION - COMPETITION INSTEAD OF PROMOTION - PERMISSIBILITY

( STAFF REGULATIONS , ARTICLES 29 , 45 )

4 . OFFICIALS - RECRUITMENT - PROCEDURE - ONLY ONE CANDIDATE SUITABLE FOR PROMOTION - INTERNAL COMPETITION - INTERNAL COMPETITION INSTEAD OF PROMOTION - MISUSE OF POWERS - PROOF - ABSENCE

5 . OFFICIALS - ACT OF THE ADMINISTRATION - REASONS - IMPRECISION - DECISIVE CHARACTER - ABSENCE - VALIDITY OF THE MEASURE IN QUESTION .

Summary

1 . THE STAFF MAY BE KEPT INFORMED AS PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 110 BY MEANS OF A COM- MUNICATION TO THE STAFF COMMITTEE .

2 . ARTICLE 25 OF THE STAFF REGULATIONS LAYS DOWN THE MANNER IN WHICH DECISIONS RELATING TO SPECIFIC INDIVIDUALS ARE TO BE PUBLISHED BUT DOES NOT SPECIFY THE MANNER OF PUBLICATION OF MEASURES HAVING A GENERAL SCOPE OR MEASURES WHICH RELATE TO A DIVISION OF RESPONSIBILITIES WITHIN THE INSTITUTION .

3 . IN DECIDING TO HOLD AN INTERNAL COMPETITION INSTEAD OF PROMOTING AN APPLICANT , THE APPOINTING AUTHORITY WHICH HAS A WIDE DISCRETION IN THESE MATTERS IS NOT FAILING TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 29 AND 45 OF THE STAFF REGULATIONS AND IS NOT INFRINGING RIGHTS OF THE PERSON CONCERNED UNDER THE REGULATIONS .

4 . WHERE ONLY ON CANDIDATE IS SUITABLE FOR PROMOTION UNDER THE SECOND PARAGRAPH OF ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS , THE FACT THAT THE APPOINTING AUTHORITY DECIDES TO ORGANIZE AN INTERNAL COMPETITION WITHOUT MAKING A PROMOTION DOES NOT IN ITSELF CONSTITUTE SUFFICIENT EVIDENCE OF MISUSE OF POWERS . IN SUCH A CASE THE APPOINTING AUTHORITY MAY HAVE ALL THE MORE REASON FOR HOLDING AN INTERNAL COMPETITION SINCE IT MAY RIGHTLY CONSIDER THAT IT DOES NOT HAVE A SUFFICIENTLY WIDE CHOICE TO ENSURE RECRUITMENT IN ACCORDANCE AS FAR AS POSSIBLE WITH THE REQUIREMENTS OF THE POST TO BE FILLED .

5 . SINCE THE LACK OF PRECISION IN THE REASONS FOR THE DECISION IS NOT DECISIVE , IT DOES NOT AFFECT THE VALIDITY OF THE MEASURE IN QUESTION .
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1 . OFFICIALS - APPEALS - MEASURE HAVING AN ADVERSE EFFECT - NOTIFICATION - SALARY STATEMENT

( STAFF REGULATIONS OF OFFICIALS , ARTICLES 90 AND 91 )

2 . OFFICIALS - APPEALS - MEASURE HAVING AN ADVERSE EFFECT - EXPIRY OF THE PERIOD FOR LODGING AN APPEAL - CONFIRMATORY MEASURE - FRESH PERIOD FOR LODGING AN APPEAL - ABSENCE THEREOF

( STAFF REGULATIONS OF OFFICIALS , ARTICLES 90 AND 91 )

Summary

1 . THE SENDING OF THE MONTHLY SALARY STATEMENT HAS THE EFFECT OF STARTING THE TIME FOR APPEAL RUNNING , WHERE IT CLEARLY SHOWS THE DECISION TAKEN WITH REGARD TO REMUNERATION .

2 . IF THE PERIOD FOR LODGING AN APPEAL HAS EXPIRED THE CONFIRMATION OF THE MEASURE IN QUESTION CANNOT RESULT IN STARTING A FRESH PERIOD TO RUN IN FAVOUR OF THE PERSON CONCERNED .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - JUDGMENT OF THE COURT - EXECUTION - FAILURE ON THE PART OF THE INSTITUTION IN QUESTION - FINDING BY THE COURT - REQUEST - ADMISSIBILITY

( STAFF REGULATIONS , ARTICLE 91 )

2 . OFFICIALS - STAFF REGULATIONS - GIVING EFFECT TO - GENERAL PROVISIONS - INFORMING THE STAFF - FORMS

( STAFF REGULATIONS , ARTICLE 110 , SECOND PARAGRAPH )

3 . OFFICIALS - ACTS OF THE ADMINISTRATION - PUBLICITY - ARTICLE 25 OF THE STAFF REGULATIONS - LIMITATION TO DECISIONS RELATING TO A SPECIFIC INDIVIDUAL

4 . OFFICIALS - RECRUITMENT - PROCEDURE - SELECTION BOARD - DUTIES - FACTUAL SITUATION OF A CANDIDATE NOT RECORDED IN HIS PERSONAL FILE - TAKING INTO ACCOUNT - NECESSITY - ABSENCE

( STAFF REGULATIONS , ANNEX III , ARTICLE 5 )

5 . OFFICIALS - ACT OF THE ADMINISTRATION - REASONS - LACK OF PRECISION - DECISIVE NATURE - ABSENCE - VALIDITY OF THE MEASURE IN QUESTION

Summary

1 . IT CANNOT BE CONTESTED THAT THOSE TO WHOM A JUDGMENT OF THE COURT ANNULLING AN ACT OF AN INSTITUTION IS ADDRESSED ARE DIRECTLY CONCERNED WITH THE WAY IN WHICH THE INSTITUTION EXECUTES THE JUDGMENT . IT FOLLOWS THAT THEY ARE ENTITLED TO REQUEST THE COURT TO RULE ON ANY FAILURE BY THE INSTITUTION TO PERFORM ITS OBLIGATIONS UNDER THE PROVISIONS APPLICABLE .

2 . MATTERS MAY BE BROUGHT TO THE ATTENTION OF THE STAFF AS PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 110 OF THE STATT REGULATIONS BY MEANS OF A COMMUNICATION TO THE STAFF COMMITTEE .

3 . ARTICLE 25 OF THE STAFF REGULATIONS LAYS DOWN THE MANNER IN WHICH DECISIONS RELATING TO SPECIFIC INDIVIDUALS ARE TO BE PUBLISHED BUT DOES NOT SPECIFY THE MANNER OF PUBLICATION OF ACTS WHICH HAVE A GENERAL SCOPE OR MEASURES WHICH RELATE TO A DIVISION OF POWERS WITHIN THE INSTITUTION .

4 . A SELECTION BOARD IS NOT BOUND , WHEN IT DRAWS UP THE LIST OF SUITABLE CANDIDATES , TO TAKE ACCOUNT OF THE DE FACTO SITUATION OF A CANDIDATE WHICH IS NOT YET SANCTIONED BY A FORMAL DECISION OF THE APPOINTING AUTHORITY RECODED IN THE PERSONAL FILE OF THE CANDIDATE .

5 . WHERE A LACK OF PRECISION IN THE STATEMENT OF REASONS IS NOT OF A DECISIVE NATURE , IT DOES NOT AFFECT THE VALIDITY OF THE ACT IN QUESTION .
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1 . COMMON CUSTOMS TARIFF - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - CONVENTIONS ON THE BRUSSELS NOMENCLATURE - EXPLANATORY NOTES - AUTHORITY

2 . COMMON CUSTOMS TARIFF - HEADING 97.02 B - CONCEPT

Summary

1 . IN THE ABSENCE OF SPECIFIC PROVISIONS OF COMMUNITY LAW , THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE ARE AN AUTHORITATIVE AND VALID AID TO THE INTERPRETATION OF COMMON CUSTOMS TARIFF HEADINGS .

2 . LAUGHING DEVICES SUITABLE FOR USE PRINCIPALLY IN DOLLS THAT ARE REPRESENTATIONS OF HUMAN BEINGS COME WITHIN HEADING 97.02 B OF THE COMMON CUSTOMS TARIFF .
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1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - CONCEPT - OBLIGATIONS OF THE MEMBER STATES

( EEC TREATY , ARTICLE 189 )

2 . COMMUNITY LAW

3 . AGRICULTURE - FLOWER BULBS - EXPORT TO THIRD COUNTRIES - MINIMUM PRICES - FIXED BY THE COMMISSION - PRODUCTS LARGER THAN THE MINIMUM SIZE BUT SMALLER THAN THOSE MENTIONED IN THE COMMUNITY RULES - APPLICABILITY

( REGULATION ( EEC ) NO 369/75 )

4 . AGRICULTURE - FLOWER BULBS - EXPORT TO THIRD COUNTRIES - MINIMUM PRICES - APPLICATION BY THE NATIONAL LEGISLATURE TO BULBS OTHER THAN THOSE MENTIONED IN THE COMMUNITY RULES - PERMISSIBLE - CONDITIONS

( REGULATION ( EEC ) NO 369/75 )

5 . COMMUNITY LAW - DIRECT APPLICABILITY - INDIVIDUALS ' FAILURE TO OBSERVE IT - SANCTION NOT LAID DOWN BY A PROVISION - POWERS OF THE MEMBER STATES

Summary

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

2 . THE MEMBER STATES MAY NEITHER ADOPT NOR ALLOW NATIONAL ORGANIZATIONS HAVING LEGISLATIVE POWER TO ADOPT ANY MEASURE WHICH WOULD CONCEAL THE COMMUNITY NATURE AND EFFECTS OF ANY LEGAL PROVISION FROM THE PERSONS TO WHOM IT APPLIES . THEY MAY NOT , EITHER DIRECTLY OR THROUGH THE INTERMEDIARY OF ORGANIZATIONS CREATED OR RECOGNIZED BY THEM , ALLOW OR TOLERATE AN EXEMPTION FROM COMMUNITY LAW OR IN ANY WAY AFFECT IT ADVERSELY .

3 . THE LOWEST MINIMUM EXPORT PRICE FIXED FOR THE PRODUCT IN QUESTION BY REGULATION NO 369/75 IS ALSO APPLICABLE TO PRODUCTS WHICH ARE LARGER THAN THE MINIMUM SIZE BUT SMALLER THAN THE SIZES EXPRESSLY LISTED IN THE ANNEX TO THAT REGULATION .

4 . A NATIONAL PROVISION WHICH FIXES MINIMUM PRICES FOR EXPORTS TO THIRD COUNTRIES OF CERTAIN VARIETIES OF BULBS OTHER THAN THOSE FOR WHICH THE COMMISSION HAS FIXED MINIMUM PRICES IN REGULATION NO 369/75 , WHICH DOES NOT CREATE EXEMPTIONS FROM THE COMMUNITY SYSTEM , DOES NOT LIMIT ITS SCOPE AND SEEKS TO ACHIEVE THE SAME AIM , THAT IS , THE STABILIZATION OF PRICES IN TRADE WITH THIRD COUNTRIES , CANNOT BE REGARDED AS INCOMPATIBLE WITH COMMUNITY LAW .

5 . IN THE ABSENCE OF ANY PROVISION IN THE COMMUNITY RULES PROVIDING FOR SPECIFIC SANCTIONS TO BE IMPOSED ON INDIVIDUALS FOR A FAILURE TO OBSERVE THOSE RULES , THE MEMBER STATES ARE COMPETENT TO ADOPT SUCH SANCTIONS AS APPEAR TO THEM TO BE APPROPRIATE .
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1 . CUSTOMS DUTIES ON EXPORTS - CHARGES HAVING EQUIVALENT EFFECT - ABOLITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY THE NATIONAL COURTS

( EEC TREATY , ARTICLE 16 ; REGULATION NO 234/68 , ARTICLE 10 )

2 . COMMUNITY LAW - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY THE NATIONAL COURTS - LEGAL PROCEEDINGS - NATIONAL PROCEDURAL RULES - APPLICATION

Summary

1 . THE PROHIBITION LAID DOWN IN ARTICLE 16 OF THE TREATY AND THAT CONTAINED IN ARTICLE 10 OF REGULATION NO 234/68 HAVE DIRECT EFFECT AND CONFER ON INDIVIDUALS RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

2 . IN THE ABSENCE OF ANY RELEVANT COMMUNITY RULES , IT IS FOR THE NATIONAL LEGAL ORDER OF EACH MEMBER STATE TO DESIGNATE THE COMPETENT COURTS AND TO LAY DOWN THE PROCEDURAL RULES FOR PROCEEDINGS DESIGNED TO ENSURE THE PROTECTION OF THE RIGHTS WHICH INDIVIDUALS ACQUIRE THROUGH THE DIRECT EFFECT OF COMMUNITY LAW , PROVIDED THAT SUCH RULES ARE NOT LESS FAVOURABLE THAN THOSE GOVERNING THE SAME RIGHT OF ACTION ON AN INTERNAL MATTER . THE POSITION WOULD BE DIFFERENT ONLY IF THOSE RULES MADE IT IMPOSSIBLE IN PRACTICE TO EXERCISE RIGHTS WHICH THE NATIONAL COURTS HAVE A DUTY TO PROTECT .
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COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - FOOD PREPARATIONS CONSISTING MAINLY OF MILKFATS - TARIFF HEADING 21.07

Summary

WITHIN THE FRAMEWORK OF THE COMMON CUSTOMS TARIFF , FOOD PREPARATIONS CONSISTING MAINLY OF MILKFATS ARE COVERED BY TARIFF HEADING 21.07 AND THEREFORE CANNOT COME UNDER HEADING 15.13 .
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COSTS - ORDER THAT THE PARTIES BEAR THEIR OWN COSTS - EXCEPTIONAL CIRCUMSTANCES

RULES OF PROCEDURE , ARTICLE 69 ( 3 )

Summary

WHEN A TRADE UNION INSTITUTES PROCEED- INGS WITH THE SOLE AIM OF ENSURING THAT THE CONSULTATIVE COMMITTEE IS REPRESENTATIVE , A REQUIREMENT EXPRESSLY LAID DOWN BY ARTICLE 18 OF THE ECSC TREATY , THIS CONSTITUTES AN EXCEPTIONAL CIRCUMSTANCE JUSTIFYING AN ORDER THAT THE PARTIES SHOULD BEAR THEIR OWN COSTS .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - SECRECY OF PROCEEDINGS - BREACH - EFFECTS

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ARTICLE 6 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - CANDIDATE - EXPERIENCE - EQUIVALENT TO UNIVERSITY DEGREE - ASSESSMENT BY SELECTION BOARD - CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ARTICLE 5 )

Summary

1 . AN UNAUTHORIZED DISCLOSURE OF THE DECISION OF A SELECTION BOARD DOES NOT CONSTITUTE A SUFFICIENT REASON FOR ANNULLING THAT DECISION IF IT IS NOT CAPABLE OF AFFECTING THE GUARANTEES AS TO THE REGULARITY OF THE PROCEEDINGS OF THE BOARD . IN ANY EVENT IF THE SECRECY IS ONLY VIOLATED AT A MOMENT WHEN THE DECISION OF THE BOARD HAS BEEN TAKEN , SUCH A FAILURE TO COMPLY WITH THE PROVISIONS OF THE STAFF REGULATIONS CANNOT THROW DOUBT ON THE REGULARITY OF THE DECISION .

2 . IN CONSIDERING WHETHER A CANDIDATE POSSESSES EXPERIENCE EQUIVALENT TO A UNIVERSITY DEGREE THE SELECTION BOARD MUST BASE ITS ASSESSMENT ON OBJECTIVE FACTS SUCH AS THE NATURE OF THE APPLICANT ' S DUTIES AND THE LENGTH OF TIME DURING WHICH HE HAS PERFORMED THEM .
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1 . AGRICULTURE - BUTTER - DISPOSAL AT REDUCED PRICE - INVITATION TO TENDER - PROCESSING OF BUTTER - DEPOSIT - RELEASE - CONDITIONS - SUCCESSFUL TENDERER NOT CARRYING OUT PROCESSING HIMSELF - OBLIGATIONS

( REGULATION NO 1259/72 OF THE COMMISSION , ARTICLES 6 ( 1 ) ( C ) AND 18 ; REGULATION NO 1237/73 OF THE COMMISSION )

2 . AGRICULTURE - BUTTER - DISPOSAL AT REDUCED PRICE - INVITATION TO TENDER - PROCESSING OF BUTTER - DEPOSIT - SYSTEM - VALIDITY

( REGULATION NO 1259/72 OF THE COMMISSION , ARTICLE 18 ( 2 ) ( A ))

Summary

1 . ARTICLE 18 OF REGULATION NO 1259/72 AS AMENDED BY REGULATION NO 1237/73 MUST BE INTERPRETED AS MEANING THAT EVEN WHERE THE SUCCESSFUL TENDERER DOES NOT HIMSELF CARRY OUT PROCESSING IT IS NECESSARY TO ESTABLISH THAT THE PROCESSED PRODUCTS COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 6 ( 1 ) ( C ) OF THE REGULATION AND THAT THEY HAVE BEEN PRODUCED WITHIN THE PERIOD PRESCRIBED BEFORE THE DEPOSIT MAY BE RELEASED .

2 . THE SYSTEM REGARDING THE PROCESSING DEPOSIT LAID DOWN BY REGULATION NO 1259/72 RESTS ON A PROPER LEGAL BASIS AND WAS ADOPTED IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE CONCERNED ; AS THE FORFEITURE OF THE DEPOSIT IS NOT IN THE NATURE OF A PENALTY FOR NON-FULFILMENT OF AN INDEPENDENT OBLIGATION , THE SYSTEM DOES NOT EXCEED WHAT IS APPROPRIATE AND NECESSARY TO ATTAIN THE OBJECTIVE DESIRED .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - OVERLAPPING - LIMITATION - ENTITLEMENT BY VIRTUE OF A NATIONAL LEGISLATION ALONE - REDUCTION - PROHIBITION

( EEC TREATY , ARTICLE 51 ; REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 46 ( 3 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INSURANCE PERIODS - DUPLICATION - SOCIAL SECURITY BENEFITS - RULES AGAINST OVERLAPPING - APPLICATION - CONDITION

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 46 ( 3 ))

Summary

1 . AN APPLICATION OF ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 WHICH WOULD LEAD TO A DIMINUTION OF THE RIGHTS WHICH THE PERSONS CONCERNED ALREADY ENJOY IN A MEMBER STATE BY VIRTUE OF THE APPLICATION OF THE NATIONAL LEGISLATION ALONE IS INCOMPATIBLE WITH ARTICLE 51 . ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 IS INCOMPATIBLE WITH ARTICLE 51 OF THE TREATY TO THE EXTENT TO WHICH IT IMPOSES A LIMITATION ON BENEFITS ACQUIRED IN DIFFERENT MEMBER STATES BY A REDUCTION IN THE AMOUNT OF A BENEFIT ACQUIRED UNDER THE NATIONAL LEGISLATION OF A MEMBER STATE ALONE .

2 . THE APPLICATION OF RULES PREVENTING THE OVERLAPPING OF BENEFITS WHERE THERE IS DUPLICATION OF INSURANCE PERIODS IS POSSIBLE ONLY WHERE FOR THE ACQUISITION OR CALCULATION OF THE WORKER ' S RIGHT IT IS NECESSARY TO HAVE RECOURSE TO AGGREGATION OF THE INSURANCE PERIODS AND APPORTIONMENT OF THE BENEFITS .
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1 . COMMUNITY LAW - MULTILINGUAL TEXTS - UNIFORM INTERPRETATION - DIVERGENCE BETWEEN THE DIFFERENT LANGUAGE VERSIONS - GENERAL SCHEME AND PURPOSE OF THE RULES IN QUESTION AS A BASIS FOR REFERENCE

2 . FREE MOVEMENT OF PERSONS - ' MEASURE ' WITHIN THE MEANING OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC - CONCEPT - RECOMMENDATION BY A COURT TO THE EXECUTIVE AUTHORITY THAT A NATIONAL OF ANOTHER MEMBER STATE BE DEPORTED - INCLUSION - CONDITIONS

3 . FREE MOVEMENT OF PERSONS - RESTRICTIONS - GROUNDS - PREVIOUS CRIMINAL CONVICTIONS - LIMITATION - PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY

( COUNCIL DIRECTIVE NO 64/221/EEC , ARTICLE 3 ( 2 ))

4 . FREE MOVEMENT OF PERSONS - RESTRICTIONS - GROUNDS - PUBLIC POLICY - CONCEPT

( EEC TREATY , ARTICLE 48 )

Summary

1 . THE DIFFERENT LANGUAGE VERSIONS OF A COMMUNITY TEXT MUST BE GIVEN A UNIFORM INTERPRETATION AND HENCE IN THE CASE OF DIVERGENCE BETWEEN THE VERSIONS THE PROVISION IN QUESTION MUST BE INTERPRETED BY REFERENCE TO THE PURPOSE AND GENERAL SCHEME OF THE RULES OF WHICH IT FORMS A PART .

2 . ANY ACTION AFFECTING THE RIGHT OF PERSONS COMING WITHIN THE FIELD OF APPLICATION OF ARTICLE 48 OF THE TREATY TO ENTER AND RESIDE FREELY IN THE MEMBER STATES UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE CONSTITUTES A ' MEASURE ' FOR THE PURPOSES OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC . THAT CONCEPT INCLUDES THE ACTION OF A COURT WHICH IS REQUIRED BY THE LAW TO RECOMMEND IN CERTAIN CASES THE DEPORTATION OF A NATIONAL OF ANOTHER MEMBER STATE , WHERE SUCH RECOM- MENDATION CONSTITUTES A NECESSARY PREREQUISITE FOR A DECISION TO MAKE A DEPORTATION ORDER .

3 . ARTICLE 3 ( 2 ) OF DIRECTIVE NO 64/221/EEC , ACCORDING TO WHICH PREVIOUS CRIMINAL CONVICTIONS DO NOT IN THEMSELVES CONSTITUTE GROUNDS FOR THE IMPOSITION OF THE RESTRICTIONS ON FREE MOVEMENT AUTHORIZED BY ARTICLE 48 OF THE TREATY ON GROUNDS OF PUBLIC POLICY AND PUBLIC SECURITY , MUST BE INTERPRETED TO MEAN THAT PREVIOUS CRIMINAL CONVICTIONS ARE RELEVANT ONLY IN SO FAR AS THE CIRCUMSTANCES WHICH GAVE RISE TO THEM ARE EVIDENCE OF PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY .

4 . IN SO FAR AS IT MAY JUSTIFY CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF PERSONS SUBJECT TO COMMUNITY LAW , RECOURSE BY A NATIONAL AUTHORITY TO THE CONCEPT OF PUBLIC POLICY PRESUPPOSES , IN ANY EVENT , THE EXISTENCE , IN ADDITION TO THE PERTURBATION TO THE SOCIAL ORDER WHICH ANY INFRINGEMENT OF THE LAW INVOLVES , OF A GENUINE AND SUFFICIENTLY SERIOUS THREAT AFFECTING ONE OF THE FUNDAMENTAL INTERESTS OF SOCIETY .