ddrg/super_eurlex huggingface dataset:
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Keywords

1 . OFFICIALS - PROMOTION - CONSIDERATION OF COMPARATIVE MERITS - CRITERIA - INTERESTS OF SERVICE - PERSONAL MERITS OF APPLICANTS - DISCRETIONARY POWER OF APPOINTING AUTHORITY - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

2 . OFFICIALS - RECRUITMENT - CRITERIA - GEOGRAPHICAL BALANCE - LIMITS - INTERESTS OF SERVICE - PERSONAL MERITS OF CANDIDATES

( STAFF REGULATIONS OF OFFICIALS , ART . 27 , FIRST PARA .)

3 . OFFICIALS - RECRUITMENT - INSTITUTION OF A COMPULSORY CONSULTATIVE PROCEDURE - DECISION OF AN INTERNAL NATURE - BINDING NATURE AS AGAINST APPOINTING AUTHORITY

Summary

1 . IN ASSESSING THE INTERESTS OF THE SERVICE AND THE QUALITIES TO BE TAKEN INTO CONSIDERATION IN MAKING A DECISION TO PROMOTE AN OFFICIAL PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY POSSESSES A WIDE DISCRETION AND IN THAT CONNECTION THE COURT MUST RESTRICT ITSELF TO CONSIDERATION OF THE QUESTION WHETHER , REGARD BEING HAD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT , THE LATTER HAS REMAINED WITHIN REASONABLE LIMITS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY .

IN PARTICULAR THE COURT CANNOT SUBSTITUTE ITS ASSESSMENT OF THE MERITS AND QUALIFICATIONS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY WHERE THERE IS NOTHING IN THE FILE TO SUGGEST THAT , IN ASSESSING THE MERITS AND QUALIFICATIONS OF THE APPLICANTS , THE APPOINTING AUTHORITY HAS COMMITTED A MANIFEST ERROR , ESPECIALLY SINCE EVENTS SUBSEQUENT TO THE DISPUTED APPOINTMENT CANNOT BE INVOKED IN SUPPORT OF SUCH AN ALLEGATION .

2 . ACCORDING TO THE FIRST PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY MUST ENSURE THAT RECRUITMENT IS CARRIED OUT ON AS WIDE A GEOGRAPHICAL BASIS AS POSSIBLE AMONGST NATIONALS OF THE MEMBER STATES . HOWEVER , THAT OBJECTIVE MUST BE SECONDARY TO THE REQUIREMENTS OF THE INTERESTS OF THE SERVICE AND TO CONSIDERATION OF THE ABILITY , EFFICIENCY AND INTEGRITY OF OFFICIALS , WHICH ARE ALSO REFERRED TO IN THAT PROVISION . ONLY WHERE THE MERITS AND QUALIFICATIONS OF THE VARIOUS CANDIDATES ARE EQUAL MAY THE APPOINTING AUTHORITY TAKE INTO CONSIDERATION THE NATIONALITY OF A CANDIDATE AS ONE FACTOR AMONGST OTHERS IN ITS CHOICE .

3 . WHEN , BY A DECISION OF AN INTERNAL NATURE , THE APPOINTING AUTHORITY VOLUNTARILY INSTITUTES A COMPULSORY CONSULTATIVE PROCEDURE FOR RECRUITMENT WHICH IS NOT PRESCRIBED BY THE STAFF REGULATIONS , IT IS OBLIGED TO ABIDE BY SUCH PROCEDURE , WHICH CANNOT BE REGARDED AS LACKING ANY LEGAL VALIDITY .
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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION PREVENTING THE CARRYING OUT OF CONTRACTS OF SALE CONCLUDED BETWEEN A NATIONAL INTERVENTION AGENCY AND UNDERTAKINGS SUBMITTING TENDERS

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - OILS AND FATS - OFFER FOR SALE OF STOCKS HELD BY A NATIONAL INTERVENTION AGENCY - CONDITIONS FIXED BY COMMISSION EXTREMELY FAVOURABLE TO PURCHASERS - CALLING INTO QUESTION OF CONTRACTS OF SALE ALREADY CONCLUDED - NOT PERMISSIBLE

( COMMISSION REGULATIONS NOS 71 , 2238 AND 2239/81 )

Summary

1 . A REGULATION THE PURPOSE OF WHICH IS TO PREVENT THE CARRYING OUT OF CONTRACTS OF SALE CONCLUDED BETWEEN A NATIONAL INTERVENTION AGENCY AND UNDERTAKINGS SUBMITTING TENDERS WHEN THE LEGAL POSITION OF THE PARTIES HAS ALREADY BEEN DEFINITIVELY DETERMINED IS OF DIRECT AND INDIVIDUAL CONCERN TO THOSE UNDERTAKINGS .

2 . THE MERE FACT THAT THE CONDITIONS ON WHICH THE COMMISSION PERMITTED THE SALE OF STOCKS OF OLIVE OIL HELD BY A NATIONAL INTERVENTION AGENCY PROVED TO BE EXTREMELY FAVOURABLE TO THE PURCHASERS DOES NOT ENTITLE THE COMMISSION TO PREVENT THE AGENCY FROM CARRYING OUT THE CONTRACTS WHICH HAD BEEN CONCLUDED IN ACCORDANCE WITH THE SAID CONDITIONS .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' WADDING , GAUZE , BANDAGES AND SIMILAR ARTICLES . . . IMPREGNATED OR COATED WITH PHARMACEUTICAL SUBSTANCES OR PUT UP IN RETAIL PACKINGS FOR MEDICAL OR SURGICAL PURPOSES ' ' WITHIN THE MEANING OF HEADING 30.04 - MEANING - SURGICAL COVERING CLOTHS - INCLUDED

Summary

SURGICAL COVERING CLOTHS WHICH CONSIST OF STRIPS OF CELLULOSE SEPARATED BY A LAYER OF SYNTHETIC MATERIAL AND WHICH ARE NOT IMPREGNATED OR COATED WITH PHARMACEUTICAL SUBSTANCES BUT ARE INDIVIDUALLY PACKED IN ENVELOPES IN STERILE CONDITIONS FOR RETAIL FOR SURGICAL PURPOSES AND ARE USED ONLY ONCE IN SURGICAL OPERATIONS FOR THE PURPOSE OF COVERING THE PATIENT ' S BODY IN SUCH A WAY THAT THE AREA OF THE OPERATION IS LEFT CLEAR MUST BE REGARDED AS ARTICLES SIMILAR TO WADDING , GAUZE OR BANDAGES WITHIN THE MEANING OF HEADING 30.04 OF THE COMMON CUSTOMS TARIFF .
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1 . COMMUNITY LAW - PRINCIPLES - PROTECTION OF LEGITIMATE EXPECTATION - SUDDEN DEPARTURE BY A MEMBER STATE FROM A PRACTICE NOT CONFORMING TO COMMUNITY LAW - BREACH OF PRINCIPLE - NONE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRODUCTION REFUNDS FOR MAIZE PROCESSED INTO STARCH - CALCULATION - DATE TO BE TAKEN INTO ACCOUNT - DATE OF PROCESSING

( COUNCIL REGULATIONS NOS 371/67 AND 1132/74 ; COMMISSION REGULATIONS NOS 1060/68 AND 2012/74 )

Summary

1 . A PRACTICE OF A MEMBER STATE WHICH DOES NOT CONFORM TO COMMUNITY RULES MAY NEVER GIVE RISE TO LEGAL SITUATIONS PROTECTED BY COMMUNITY LAW AND THAT IS SO EVEN WHERE THE COMMISSION HAS FAILED TO TAKE THE NECESSARY ACTION TO ENSURE THAT THE STATE IN QUESTION CORRECTLY APPLIES THE COMMUNITY RULES . IT IS NOT THEREFORE POSSIBLE TO ARGUE THAT THERE IS A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION BECAUSE A MEMBER STATE SUDDENLY DEPARTS FROM SUCH A PRACTICE AFTER FOLLOWING IT FOR SEVERAL YEARS .

2 . BOTH UNDER THE COMMUNITY RULES IN FORCE UNTIL 31 JULY 1974 AND UNDER THOSE IN FORCE AFTER THAT DATE , THE PRODUCTION REFUND FOR MAIZE PROCESSED INTO STARCH MUST BE EQUAL TO THE DIFFERENCE BETWEEN THE THRESHOLD AND SUPPLY PRICES APPLICABLE AT THE DATE AT WHICH THE MAIZE IS PROCESSED .
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JURISDICTION OF THE COURT - ACTION BY INDIVIDUALS AGAINST A MEMBER STATE - LACK OF JURISDICTION

PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - ACTIONS BY OFFICIALS - ACTION AGAINST A MEMBER STATE - LACK OF JURISDICTION OF THE COURT OF JUSTICE

Summary

IT IS APPARENT FROM THE PROVISIONS ON THE LEGAL REMEDIES PROVIDED FOR IN THE EEC TREATY THAT THEY DO NOT GIVE THE COURT JURISDICTION TO ENTERTAIN A DIRECT ACTION BROUGHT BY AN INDIVIDUAL AGAINST A MEMBER STATE . AN ACTION BY AN OFFICIAL OF THE COMMUNITIES FOR A DECLARATION THAT A MEMBER STATE HAS ACTED CONTRARY TO THE PROVISIONS OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES IS THEREFORE INADMISSIBLE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS FOR ANIMALS - PRODUCTS ELIGIBLE FOR AID

( REGULATION NO 990/72 OF THE COMMISSION , ART . 4 )

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PIGMEAT - AIDS FOR THE PRIVATE STORAGE OF CERTAIN DRIED OR DRIED AND SMOKED PRODUCTS - PRODUCTS ELIGIBLE FOR AID

( REGULATION NO 2600/74 OF THE COMMISSION , ART . 1 )

3.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR THE PRIVATE STORAGE OF CHEESE - CONDITIONS GOVERNING THE GRANT OF AID - CONCLUSION OF A CONTRACT OF STORAGE - CONCEPT - SIGNATURE OF THE WRITTEN INSTRUMENT

( REGULATION NO 971/68 OF THE COUNCIL , ARTS 10 ( 2 ) AND 11 )

Summary

1 . ONLY THE MILK PRODUCT ACTUALLY USED IN THE MANUFACTURE OF COMPOUND FEEDINGSTUFFS FOR ANIMALS , TO THE EXCLUSION OF PROCESSING WASTE , IS ELIGIBLE FOR THE AIDS FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS PROVIDED FOR IN REGULATION NO 990/72 .

2 . ONLY A PRODUCT WHICH HAS ALREADY BEEN MATURED FOR A PERIOD OF AT LEAST FIVE MONTHS WITHIN THE MEANING OF ARTICLE 1 OF REGULATION NO 2600/74 IS ELIGIBLE FOR COMMUNITY AID IN RESPECT OF THE STORAGE OF DRIED OR DRIED AND SMOKED HAMS SO AS NOT TO SUBSIDIZE THE PRODUCTS IN QUESTION , AT LEAST IN PART , EVEN DURING THE MATURING PERIOD WHEREAS THE SYSTEM OF AIDS IS INTENDED TO ENABLE THE WITHDRAWAL FROM THE MARKET OF PRODUCTS WHICH FULFIL ALL THE CONDITIONS FOR THEM TO BE PUT ON THE MARKET .

3 . ALTHOUGH THE PROVISIONS OF COMMUNITY LAW RELATING TO AIDS IN RESPECT OF THE PRIVATE STORAGE OF CERTAIN CHEESES DO NOT EXPRESSLY LAY DOWN THE FORM OF THE CONTRACT FOR THE STORAGE OF CHEESE , THEY ARE BASED ON THE ASSUMPTION THAT EVERY STORAGE OPERATION MUST BE PRECEDED BY THE CONCLUSION OF A WRITTEN CONTRACT IN ORDER TO BE ELIGIBLE FOR THE COMMUNITY AID PROVIDED FOR IN ARTICLE 10 ( 2 ) OF REGULATION NO 971/68 .

3 . IT FOLLOWS THAT A CONTRACT OF STORAGE IS NOT CONCLUDED , FOR THE PURPOSES OF REGULATION NO 971/68 , UNTIL THE MOMENT WHEN THE WRITTEN INSTRUMENT IS SIGNED .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' TEXTILE ARTICLES OF A KIND COMMONLY USED IN MACHINERY OR PLANT ' ' WITHIN THE MEANING OF HEADING NO 59.17 - ' ' GLASS FIBRE ( INCLUDING WOOL ), YARN , FABRICS , AND ARTICLES MADE THEREFROM ' ' WITHIN THE MEANING OF HEADING NO 70.20 - AIR FILTERS - TARIFF CLASSIFICATION - CRITERIA

Summary

AS THE ESSENTIAL CHARACTER OF THE FILTERS DERIVES FROM THEIR FILTERING CAPACITY , THEIR TARIFF CLASSIFICATION IS TO BE DETERMINED BY REFERENCE TO THE COMPONENT WHICH IS INDISPENSABLE FOR THE FILTERING PROCESS . IT FOLLOWS THAT AIR FILTERS MUST BE CLASSIFIED AS ARTICLES OF TEXTILE MATERIAL OF A KIND COMMONLY USED IN MACHINERY OR PLANT UNDER HEADING NO 59.17 OF THE COMMON CUSTOMS TARIFF OR AS MACHINERY AND APPLIANCES AND PARTS THEREOF , OF GLASS , UNDER HEADING NO 70.20 OF THE COMMON CUSTOMS TARIFF , ACCORDING TO WHETHER THE FILTERING COMPONENT CONSISTS OF TEXTILE MATERIAL OR OF GLASS FIBRE .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - BAN ON IMPORTING VERMOUTH WITH AN ALCOHOLIC CONTENT LOWER THAN THE MINIMUM PRESCRIBED BY THE LEGISLATION OF THE EXPORTING MEMBER STATE - NO SUCH CONDITION FOR THE MARKETING OF DOMESTIC VERMOUTH - UNLAWFULNESS

( EEC TREATY , ARTICLE 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF PRODUCTS - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - LAWFULNESS - CONDITIONS

( EEC TREATY , ARTICLE 30 )

Summary

1 . A NATIONAL PROVISION BANNING THE IMPORT OF VERMOUTH WITH AN ALCOHOLIC CONTENT LOWER THAN THE MINIMUM PRESCRIBED IN THE EXPORTING MEMBER STATE FOR ITS DOMESTIC MARKET WHEN NO SUCH MINIMUM IS PRESCRIBED FOR MARKETING VERMOUTH PRODUCED IN THE IMPORTING MEMBER STATE PREVENTS , BY REQUIRING IN EFFECT A MINIMUM ALCOHOLIC CONTENT SOLELY FOR IMPORTED VERMOUTH , THE MARKETING OF A PRODUCT LAWFULLY MADE IN THE EXPORTING MEMBER STATE , WHEREAS IT IMPOSES NO CONDITION IN RELATION TO THE MINIMUM CONTENT OF ALCOHOL FOR THE MARKETING OF SIMILAR DOMESTIC PRODUCTS . SINCE SUCH A PROVISION AFFECTS ONLY IMPORTED PRODUCTS , IT IS DISCRIMINATORY .

THE FACT THAT THE LAW IN ISSUE REFERS TO THE RULES GOVERNING PRODUCTION IN THE EXPORTING MEMBER STATE DOES NOT AFFECT THE AFORESAID CONCLUSION SINCE THE DISCRIMINATORY EFFECT MUST BE DETERMINED SOLELY ON THE BASIS OF THE LAW OF THE STATE WHERE THE MARKETING TAKES PLACE , THAT IS TO SAY , THE IMPORTING MEMBER STATE .

2 . ALTHOUGH IT IS TRUE THAT PROTECTION OF CONSUMERS , IN PARTICULAR , MAY JUSTIFY OBSTACLES TO THE FREE MOVEMENT OF GOODS RESULTING FROM DISPARITIES IN NATIONAL RULES IN RELATION TO THE MARKETING OF PRODUCTS , APPLICATION OF THAT CRITERION , WHICH CONCERNS ONLY LEGISLATION WHICH GOVERNS THE MARKETING OF NATIONAL AND IMPORTED PRODUCTS UNIFORMLY , IS EXCLUDED IF THE NATIONAL RULE IS DISCRIMINATORY .
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1 . OFFICIALS - RECRUITMENT - PROCEDURES - CHOICE - CONSIDERATION OF POSSIBILITIES OF PROMOTION WITHIN THE INSTITUTION - ADMINISTRATION ' S DISCRETIONARY POWER

( STAFF REGULATIONS , ART . 27 , FIRST PARA ., ART . 29 ( 1 ))

2 . OFFICIALS - RECRUITMENT - PROCEDURES - CHOICE - CONSIDERATION OF CANDIDATURES FROM WITHIN THE INSTITUTION - ADMINISTRATION ' S DISCRETIONARY POWER - REJECTION OF INTERNAL CANDIDATURES - REVIEW BY THE COURT - LIMITS - APPOINTMENT BY TRANSFER OF AN EXTERNAL CANDIDATE REGARDED AS FROM THE OPENING OF THE RECRUITMENT PROCEDURE AS BEING THE MOST SUITABLE - FACTOR NOT SUFFICIENT IN ITSELF TO JUSTIFY CONCLUSION THAT THE CONSIDERATION GIVEN TO THE INTERNAL CANDIDATURES WAS DEFECTIVE

( STAFF REGULATIONS , ART . 27 , FIRST PARA ., ART . 29 ( 1 ))

Summary

1 . BY REQUIRING THE APPOINTING AUTHORITY ONLY TO CONSIDER WHETHER THE POST ' ' CAN ' ' BE FILLED BY PROMOTION WITHIN THE INSTITUTION ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS CLEARLY SHOWS THAT THAT AUTHORITY IS UNDER NO ABSOLUTE OBLIGATION TO PROMOTE AN OFFICIAL BUT MERELY HAS TO CONSIDER , IN EACH CASE , WHETHER PROMOTION IS CAPABLE OF LEADING TO THE APPOINTMENT OF A PERSON OF THE HIGHEST STANDARD OF ABILITY , EFFICIENCY AND INTEGRITY AS REQUIRED BY ARTICLE 27 OF THE STAFF REGULATIONS .

ALTHOUGH ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS REQUIRES THE APPOINTING AUTHORITY TO CONSIDER THE POSSIBILITY OF PROMOTION WITH THE UTMOST CARE BEFORE GOING ON TO THE FOLLOWING STAGE IT DOES NOT PREVENT THE AUTHORITY , IN THE COURSE OF SUCH AN EXAMINATION , FROM ALSO TAKING ACCOUNT OF THE POSSIBILITY OF OBTAINING BETTER CANDIDATES BY USING THE OTHER PROCEDURES MENTIONED IN THAT PARAGRAPH . CONSEQUENTLY THE APPOINT- ING AUTHORITY IS AT LIBERTY TO CONSIDER THE SUBSEQUENT OPTIONS UNDER ARTICLE 29 ( 1 ).

2 . SINCE THE APPOINTING AUTHORITY IS NOT OBLIGED TO FILL A POST BY PROMOTION WITHIN THE INSTITUTION AND HAS A WIDE DISCRETION FOR THE PURPOSE OF FINDING THE CANDIDATE WITH THE HIGHEST STANDARD OF ABILITY , EFFICIENCY AND INTEGRITY , THE COURT MUST , IN REVIEWING THE CORRECTNESS OF THE EXAMINATION OF THE INTERNAL CANDIDATURES , CONFINE ITSELF TO THE QUESTION WHETHER THE ADMINISTRATION KEPT WITHIN PROPER BOUNDS AND DID NOT EXERCISE ITS POWER IN A MANIFESTLY ERRONEOUS MANNER .

IN THAT RESPECT THE MERE FACT THAT , WHEN THE RECRUITMENT PROCEDURE WAS OPENED , A CANDIDATE FROM ANOTHER INSTITUTION WAS REGARDED AS BEING THE MOST SUITABLE , DOES NOT NECESSARILY MEAN THAT THE INTERNAL CANDIDATURES WERE NOT CAREFULLY CONSIDERED .
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OFFICIALS - RECOVERY OF UNDUE PAYMENT - CONDITIONS - AWARENESS OF THE OFFICIAL THAT THERE WAS NO DUE REASON FOR THE PAYMENT

( STAFF REGULATIONS , ART . 85 )
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ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - SYSTEMS ESTABLISHED SUCCESSIVELY SINCE 1980 - CARRYNG FORWARD OF QUOTAS NOT USED UP IN THE PRECEDING QUARTER - FACILITY ACCORDED BY THE VARIOUS SYSTEMS - DUTY OF THE COMMISSION TO ENSURE ITS CONTINUED AVAILABLITY

( COMMISSION DECISIONS NOS 2794/80/ECSC AND 1831/81/ECSC )

Summary

ALL THE GENERAL DECISIONS ADOPTED BY THE COMMISSION SINCE 1980 ESTABLISHING THE SUCCESSIVE SYSTEMS OF PRODUCTION QUOTAS FOR STEEL WHICH HAVE APPLIED SINCE THE FOURTH QUARTER OF 1980 PERMITTED ALL OR PART OF THE UNUSED PORTION OF THE QUOTA ALLOCATED FOR ONE QUARTER TO BE CARRIED FORWARD TO THE FOLLOWING QUARTER . MORE SPECIFICALLY , DECISION NO 1831/81 DID NOT CONTAIN ANY PROVISION EXCLUDING THE POSSIBILITY OF CARRYING FORWARD UNUSED QUOTAS FROM THE SECOND QUARTER OF 1981 TO THE THIRD QUARTER . IN THOSE CIRCUMSTANCES THE COMMISSION WAS UNDER A DUTY TO ENSURE , FOR THE BENEFIT OF EVERY PRODUCER , THE CONTINUITY OF THE SYSTEM OF CARRYING FORWARD QUOTAS BETWEEN THE SECOND AND THIRD QUARTERS OF 1981 , AT LEAST IN SO FAR AS THE AMENDMENTS MADE BY DECISION NO 1831/81 TO THE SYSTEM WHICH HAD PREVIOUSLY BEEN IN FORCE DID NOT MAKE IT TECHNICALLY IMPOSSIBLE TO CALCULATE THE AMOUNT WHICH THE PRODUCER IN QUESTION WAS ENTITLED TO CARRY FORWARD .
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1 . FREE CIRCULATION OF GOODS - CUSTOMS DUTIES - CHARGES HAVING AN EQUIVALENT EFFECT - INTERNAL TAXATION - PAYMENT FOR SERVICES RENDERED - MEANING - CRITERIA FOR DISTINGUISHING

( EEC TREATY , ARTS 9 , 12 , 13 , 16 AND 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - MEANING - CHARGES IMPOSED ON IMPORTED PRODUCTS IN THE ABSENCE OF IDENTICAL OR SIMILAR NATIONAL PRODUCTS - INCLUSION - CONDITIONS - CHARGE LEVIED ON OBJECTIVELY DETERMINED CATEGORIES OF PRODUCTS - MEANING OF ' ' CATEGORY OF PRODUCTS ' '

( EEC TREATY , ARTS 9 , 12 AND 95 )

3 . TAX PROVISIONS - INTERNAL TAXATION - MEANING - CHARGES FOR HEALTH INSPECTION PAYABLE BY THE IMPORTER - INCLUSION - CRITERIA - DISTINCTION BETWEEN GENERAL INSPECTIONS AND SO-CALLED ' ' SPECIAL ' ' INSPECTIONS BASED UPON NATIONAL LEGISLATION - NOT A CONCLUSIVE CRITERION

( EEC TREATY , ART . 95 )

Summary

1 . ANY PECUNIARY CHARGE , WHATEVER ITS DESIGNATION OR MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER , AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY , EVEN IF IT IS NOT IMPOSED ON BEHALF OF THE STATE .

THE ONLY EXCEPTION IS WHERE THE CHARGE IN QUESTION REPRESENTS PAYMENT FOR A SERVICE RENDERED TO THE IMPORTER , OF A SUM IN PROPORTION TO THE SERVICE , OR IF IT FORMS PART OF A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA TO BOTH NATIONAL PRODUCTS AND IMPORTED OR EXPORTED PRODUCTS .

2.A CHARGE ON IMPORTATION DOES NOT CONSTITUTE INTERNAL TAXATION UNDER ARTICLE 95 UNLESS IT FORMS PART OF A GENERAL SYSTEM APPLICABLE SYSTEMATICALLY TO CATEGORIES OF PRODUCTS IN ACCORDANCE WITH OBJECTIVE CRITERIA IRRESPECTIVE OF THE ORIGIN OF THE PRODUCTS .

A CHARGE WHICH IS IMPOSED ON PRODUCTS IMPORTED FROM ANOTHER MEMBER STATE , EVEN WHEN THERE IS NO IDENTICAL OR SIMILAR NATIONAL PRODUCT , DOES NOT , BY THAT FACT ALONE , CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY AND MAY CONSTITUTE INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY IF IT FULFILS THE ABOVE CONDITIONS AND IF THE CLASS OF PRODUCTS AFFECTED COMPRISES A LARGE NUMBER OF PRODUCTS DETERMINED BY GENERAL AND OBJECTIVE CRITERIA .

3.THE DISTINCTION MADE BY NATIONAL LEGISLATION BETWEEN A GENERAL HEALTH INSPECTION , THE COST OF WHICH IS BORNE BY THE TAXPAYER , AND SO-CALLED SPECIAL HEALTH INSPECTIONS , IN WHICH THE COSTS OF ANALYSIS FOR CERTAIN FOOD PRODUCTS ARE BORNE BY THE UNDERTAKINGS CONCERNED , DOES NOT IN ITSELF CONSTITUTE A SUFFICIENTLY PRECISE AND , ABOVE ALL , OBJECTIVE CRITERION TO FORM THE BASIS FOR A GENERAL SYSTEM OF INTERNAL DUES WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - ' ' PRESENT OR FUTURE ' ' NATIONAL LAWS AND RULES WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 - CONCEPT - PROVISIONS IN FORCE BEFORE THE ADOPTION OF THE COMMUNITY REGULATIONS - EXCLUSION NOT PERMISSIBLE

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - ASSESSMENT OF BENEFITS - PERIODS COMPLETED IN THE NETHERLANDS BEFORE 1 JULY 1967 - PERIODS TO BE REGARDED AS PERIODS OF INSURANCE AND NOT AS PERIODS TREATED AS SUCH

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 46 AND PARA . 4 OF PART H OF ANNEX V , AND REGULATION NO 574/72 OF THE COUNCIL , ART . 15 )

Summary

1 . THE WORDS ' ' PRESENT OR FUTURE ' ' WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 MUST NOT BE INTERPRETED AS EXCLUDING MEASURES WHICH WERE NO LONGER IN FORCE AT THE TIME OF THE ADOPTION OF THAT REGULATION AND OF THE REGULATION IMPLEMENTING IT . THE OBJECTIVE OF ARTICLE 51 OF THE TREATY WOULD NOT BE ATTAINED IF THE WORKER LOST THE STATUS OF AN INSURED PERSON WITHIN THE MEANING OF THE COMMUNITY REGULATIONS SOLELY BECAUSE OF THE FACT THAT , WHEN THOSE REGULATIONS WERE ADOPTED , THE NATIONAL LEGISLATION IN FORCE AT THE TIME AT WHICH THE WORKER WAS INSURED HAD BEEN REPLACED BY DIFFERENT LEGISLATION .

2.FOR THE APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 AND OF ARTICLE 15 OF REGULATION NO 574/72 :

( A ) A PERIOD OF EMPLOYMENT COMPLETED BEFORE 1 JULY 1967 UNDER THE NETHERLANDS LEGISLATION IN FORCE AT THAT TIME , IN RESPECT OF WHICH CONTRIBUTIONS WERE PAID IN ACCORDANCE WITH THAT LEGISLATION ;

( B)A PERIOD OF PAID EMPLOYMENT COMPLETED IN THE NETHERLANDS BEFORE 1 JULY 1967 IN RESPECT OF WHICH NO CONTRIBUTIONS WERE PAID ;

ARE TO BE REGARDED AS PERIODS OF INSURANCE AND NOT AS PERIODS TREATED AS SUCH .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - SCOPE

( EEC TREATY , ART . 190 )

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - DETERMINING OF CIF PRICES AND FIXING OF LEVIES - DUTY OF THE COMMISSION TO MAKE KNOWN THE ELEMENTS ON WHICH THE CALCULATION IS BASED - NONE

Summary

1 . IN THE STATEMENT OF THE REASONS ON WHICH A MEASURE FIXING FREE-AT-FRONTIER PRICES IS BASED , THE ADMINISTRATION IS ENTITLED TO CONFINE ITSELF TO SETTING OUT IN A GENERAL FORM THE ESSENTIAL FACTORS AND THE PROCEDURE WHICH FORMED THE BACKGROUND TO ITS EVALUATION OF THE FACTS , WITHOUT ITS BEING NECESSARY TO SPECIFY THE FACTS THEMSELVES . WHEN THE FIXING OF FREE-AT-FRONTIER PRICES MUST BE EFFECTED WITHIN A SHORT TIME , TO REQUIRE THE ADMINISTRATION TO SET OUT IN DETAIL , IN THE STATEMENT OF THE REASONS ON WHICH THE MEASURE IS BASED , ALL THE DATA ON WHICH THE CALCULATION WAS BASED WOULD GO BEYOND WHAT MAY REASONABLY BE DEMANDED .

2.THE COMMISSION IS NOT UNDER ANY DUTY TO PROVIDE ANY TRADER WHO SO REQUESTS WITH THE DATA ON WHICH THE CALCULATION OF CIF PRICES USED IN FIXING THE AMOUNT OF IMPORT LEVIES ON CEREALS IS BASED .

TRADERS HAVE NO RIGHT TO BE ENABLED TO CHECK WHETHER THE LEGISLATION IN FORCE HAS BEEN CORRECTLY APPLIED . SUCH A REVIEW WOULD BE WITHIN THE JURISDICTION OF ANY COURT CALLED UPON TO APPLY THE REGULATIONS .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - OBLIGATIONS OF MEMBER STATES - LIMITS

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF IMPORTS NOT CONTRARY TO COMMUNITY LAW - BREACHES - PRACTICES DESIGNED TO COMBAT SUCH BREACHES - APPLICATION OF COMMUNITY LAW - NONE

Summary

1 . ALTHOUGH ARTICLE 30 OF THE TREATY OBLIGES MEMBER STATES , IN CERTAIN CIRCUMSTANCES , TO TAKE ACTIVE STEPS TO ENSURE THE FREE MOVEMENT OF GOODS LEGALLY PRODUCED AND MARKETED IN OTHER MEMBER STATES , IN PARTICULAR BY ACCEPTING CERTIFICATES ISSUED BY THE COMPETENT AUTHORITIES IN OTHER MEMBER STATES , THAT OBLIGATION DOES NOT GO SO FAR AS TO REQUIRE THEM TO CARRY OUT INSPECTIONS ACCORDING TO THE METHODS LAID DOWN BY THE LEGISLATION OF THE OTHER MEMBER STATES . SUCH A REQUIREMENT WOULD ENTAIL AN OBLIGATION TO ACQUIRE THE APPROPRIATE ADDITIONAL EQUIPMENT AND TO EMPLOY SPECIALIZED STAFF . THAT SOLUTION , COSTLY IN ECONOMIC TERMS , IS OF NO VALUE IN ENSURING THE FREE MOVEMENT OF GOODS , PARTICULARLY WHEN THIS CAN BE EFFECTIVELY GUARANTEED BY OTHER MEANS .

2.IN SO FAR AS A PROHIBITION ON THE IMPORTATION OF A CERTAIN PRODUCT INTO A MEMBER STATE IS NOT CONTRARY TO COMMUNITY LAW , IT CANNOT BE CONSIDERED THAT JUDICIAL OR ADMINISTRATIVE PRACTICES DESIGNED TO COMBAT BREACHES OF THAT PROHIBITION COME WITHIN THE AMBIT OF COMMUNITY LAW , AT LEAST IN THE ABSENCE OF ANY DISCRIMINATORY TREATMENT OF IMPORTS .