ddrg/super_eurlex huggingface dataset:
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1 . APPLICATION FOR A DECLARATION OF NULLITY - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION ADDRESSED TO MEMBER STATES AUTHORIZING THEM NOT TO APPLY COMMUNITY TREATMENT TO CERTAIN PRODUCTS - DECISION NOT OF INDIVIDUAL CONCERN TO THE ONLY IMPORTER OF THE PRODUCTS IN QUESTION

( EEC TREATY , ART . 173 , SECOND PARA .)

2 . MEASURES ADOPTED BY THE INSTITUTIONS - LEGAL NATURE - REGULATION OR DECISION - DISTINCTION - CRITERIA

( EEC TREATY , ARTS 173 , SECOND PARA ., AND 189 )

Summary

1 . THIRD PARTIES CANNOT BE INDIVIDUALLY CONCERNED BY A DECISION ADDRESSED TO ANOTHER PERSON UNLESS IT 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 UNLESS BY VIRTUE OF THOSE FACTORS IT DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

A DECISION ADDRESSED TO CERTAIN MEMBER STATES WITH THE PURPOSE OF AUTHORIZING THEM NOT TO APPLY COMMUNITY TREATMENT FOR A FIXED PERIOD TO IMPORTS OF PRODUCTS ORIGINATING IN A NON-MEMBER COUNTRY AND IN FREE CIRCULATION IN THE OTHER MEMBER STATES IS NOT OF INDIVIDUAL CONCERN TO THE ONLY IMPORTER OF THE PRODUCTS IN QUESTION ESTABLISHED IN THE MEMBER STATES TO WHICH THE DECISION IS ADDRESSED SINCE IT CONCERNS THE IMPORTER MERELY BY VIRTUE OF HIS OBJECTIVE STATUS AS AN IMPORTER IN THE SAME MANNER AS ANY OTHER TRADER WHO IS , OR MIGHT BE IN THE FUTURE , IN THE SAME SITUATION . WITH REGARD TO IMPORTERS SUCH A DECISION IS THEREFORE A MEASURE OF GENERAL APPLICATION COVERING SITUATIONS WHICH ARE DETERMINED OBJECTIVELY AND IT ENTAILS LEGAL EFFECTS FOR CATEGORIES OF PERSONS ENVISAGED IN A GENERAL AND ABSTRACT MANNER .

2 . A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN RELATION TO ITS PURPOSE .
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1 . OFFICIALS - APPLICATION TO THE COURT - INTEREST IN MAKING - SUBMISSION ALLEGING IRREGULARITY IN A VACANCY NOTICE NOT ADVERSELY AFFECTING THE APPLICANT - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 91 )

2 . OFFICIALS - RECRUITMENT - SPECIAL RECRUITMENT PROCEDURE - DISTINCTION BETWEEN INTERNAL CANDIDATES AND CANDIDATES FROM OTHER INSTITUTIONS - NONE - CRITERIA FOR RECRUITMENT APPLICABLE

( STAFF REGULATIONS OF OFFICIALS , ARTS . 27 AND 29 ( 2 ))

3 . OFFICIALS - RECRUITMENT - CRITERIA - GEOGRAPHICAL BALANCE - INTEREST OF SERVICE - PERSONAL MERITS OF THE CANDIDATES - RECONCILIATION OF VARIOUS CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ARTS . 7 AND 27 )

Summary

1 . EVEN THOUGH THE DUTY OF THE INSTITUTIONS TO COMPLY WITH THE PROVISIONS RELATING TO RECRUITMENT CORRESPONDS TO A PUBLIC INTEREST , AN OFFICIAL IS NOT ENTITLED TO ACT IN THE INTERESTS OF THE LAW OR OF THE INSTITUTIONS AND MAY PUT FORWARD , IN SUPPORT OF AN ACTION FOR THE ANNULMENT OF AN APPOINTMENT , ONLY SUCH CLAIMS AS RELATE TO HIM PERSONALLY .

A SUBMISSION MADE BY AN OFFICIAL OF THE DEFENDANT INSTITUTION ALLEGING THAT THE VACANCY WAS NOT BROUGHT TO THE NOTICE OF THE STAFF OF INSTITUTIONS OTHER THAN THE SAID INSTITUTION MUST THEREFORE BE DECLARED INADMISSIBLE , SINCE THAT OMISSION DOES NOT ADVERSELY AFFECT HIM .

2.A VACANCY NOTICE BASED ON ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS GOVERNS THE ENTIRE RECRUITMENT PROCEDURE WITHOUT MAKING A DISTINCTION BETWEEN CANDIDATES FROM WITHIN THE INSTITUTION IN QUESTION AND CANDIDATES FROM OTHER INSTITUTIONS .

THAT PROCEDURE IS OPEN TO A CONSIDERABLE NUMBER OF CANDIDATES AND THEREFORE REQUIRES A PRELIMINARY EXAMINATION OF THE COMPARATIVE MERITS OF THE VARIOUS CANDIDATES , IN ACCORDANCE WITH THE CONDITIONS SPECIFIED IN THE VACANCY NOTICE AND THE PRINCIPLES LAID DOWN BY ARTICLE 27 OF THE STAFF REGULATIONS .

3.THE COMBINED PROVISIONS OF ARTICLES 7 AND 27 OF THE STAFF REGULATIONS PROVIDE THAT WHEN ANY COMMUNITY INSTITUTION RECRUITS , PROMOTES OR ASSIGNS ITS OFFICIALS TO POSTS , IT MUST BE GUIDED ON THE ONE HAND BY THE INTERESTS OF THE SERVICE WITHOUT REGARD TO NATIONALITY AND ON THE OTHER HAND MUST ENSURE THAT THEY ARE RECRUITED ON THE WIDEST POSSIBLE GEOGRAPHICAL BASIS FROM AMONG NATIONALS OF THE MEMBER STATES OF THE COMMUNITIES .

THE INSTITUTION RECONCILES THOSE REQUIREMENTS WHEN , IN THOSE CASES WHERE THE QUALIFICATIONS OF THE VARIOUS CANDIDATES ARE CLEARLY THE SAME , IT MAKES NATIONALITY THE OVERRIDING CRITERION IN ORDER TO MAINTAIN OR RE-ESTABLISH A GEOGRAPHICAL BALANCE AMONG ITS STAFF . HOWEVER , IN ANY OTHER CIRCUMSTANCES , THE NEED TO REDRESS A GEOGRAPHICAL IMBALANCE MUST BE SUBORDINATED TO THE REQUIREMENTS OF THE INTEREST OF THE SERVICE AND THE CONSIDERATION OF THE PERSONAL MERITS OF THE CANDIDATES .

THE APPOINTING AUTHORITY IS THUS EMPOWERED TO MAKE NATIONALITY THE DECISIVE CRITERION PROVIDED , HOWEVER , THAT IT FIRST ESTABLISHES ON THE BASIS OF A COMPARATIVE EXAMINATION THAT THE QUALIFICATIONS OF THE CANDIDATES ARE CLEARLY THE SAME .
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1 . OBJECTION OF ILLEGALITY - MEASURES AGAINST WHICH AN OBJECTION OF ILLEGALITY MAY BE RAISED - INDIVIDUAL DECISIONS - EXCLUDED

( ECSC TREATY , ART . 36 , THIRD PARA .)

2.ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - GENERAL DECISION NO 1831/81 - ADJUSTMENT OF QUOTAS - PURPOSE AND DETAILED RULES

( GENERAL DECISION NO 1831/81/ECSC , ART . 10 )

Summary

1 . AN APPLICANT CANNOT , IN AN APPLICATION FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID , RAISE AN OBJECTION OF ILLEGALITY RELATING TO ANOTHER INDIVIDUAL DECISION ADDRESSED TO HIM WHICH HAS BECOME FINAL .

2.SINCE THE AIM OF ARTICLE 10 OF GENERAL DECISION NO 1831/81/ECSC , WHICH PERMITS THE ADJUSTMENT OF STEEL PRODUCTION QUOTAS , IS TO PERMIT IRON AND STEEL UNDERTAKINGS TO PRODUCE CERTAIN STEELS FOR THE PRODUCTION OF SMALL TUBES WITHOUT RUNNING THE RISK OF EXCEEDING THEIR QUOTAS AND WITHOUT BEING COMPELLED TO REDUCE PRODUCTION INTENDED FOR PROCESSING INTO OTHER FINISHED PRODUCTS , AND SINCE CHECKS TO ENSURE THAT THE CONDITIONS OF ARTICLE 10 ARE MET AND THE ALLOCATION OF ADDITIONAL QUOTAS NECESSARILY TAKE PLACE AFTER COMPLETION OF THE PRODUCTION IN QUESTION , THE ADJUSTMENT OF THE QUOTA OF AN UNDERTAKING WHICH HAS BEEN ABLE TO DEMONSTRATE THAT ITS PRODUCTION WAS USED IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 10 MUST BE GRANTED FOR THE QUARTER IN WHICH THE STEEL WAS PRODUCED , REGARDLESS OF THE QUARTER IN WHICH IT WAS DELIVERED .
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1 . OFFICIALS - POST - CORRESPONDENCE OF DUTIES TO GRADE AND POST - IDENTICAL DEFINITION OF DUTIES ATTACHING TO THE BASIC POSTS OF REVISER AND PRINCIPAL TRANSLATOR - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 5 ( 4 ), SECOND SUBPARA .)

2 . OFFICIALS - POST - DEFINITION OF DUTIES AND POWERS - IDENTICAL DEFINITION FOR ALL THE INSTITUTIONS OF DUTIES ATTACHING TO A BASIC POST - OBLIGATION - ABSENCE

( STAFF REGULATIONS OF OFFICIALS , ART . 5 ( 4 ), SECOND SUBPARA .)

3 . OFFICIALS - POST - CORRESPONDENCE OF DUTIES TO GRADE AND POST - INAPPLICABILITY OF THE PRINCIPLE TO POSTS IN THE SAME GRADES

( STAFF REGULATIONS OF OFFICIALS , ART . 5 ( 4 ))

4 . OFFICIALS - POST - CORRESPONDENCE OF DUTIES TO GRADE AND POST - LIMITS - SENIOR OFFICIALS - NECESSARY ADAPTABILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 5 ( 4 ))

Summary

1 . THE FACT THAT THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 4 ) OF THE STAFF REGULATIONS REQUIRES THE INSTITUTIONS TO DEFINE THE DUTIES OF ' ' EACH ' ' BASIC POST IN NO WAY IMPLIES THAT THEY MUST DEFINE THEM DIFFERENTLY . THAT APPLIES IN PARTICULAR IN RESPECT OF DUTIES WITHIN THE SAME GRADE , CONCERNING SIMILAR POSTS WHICH ARE AS CLOSELY LINKED AS ARE THE POSTS OF REVISER AND PRINCIPAL TRANSLATOR AND WHICH ARE LISTED IN THE STAFF REGULATIONS ON A SINGLE SEPARATE LINE .

2 . ARTICLE 5 ( 4 ) OF THE STAFF REGULATIONS STATES THAT EACH INSTITUTION IS TO DEFINE THE DUTIES AND POWERS ATTACHING TO A BASIC POST , AND DOES NOT REQUIRE THAT THAT DEFINITION BE IDENTICAL IN ALL THE INSTITUTIONS .

3 . WHILST THE DUTIES AND POWERS ASSIGNED TO AN OFFICIAL MUST ON THE WHOLE BE IN KEEPING WITH THE POST WHICH CORRESPONDS TO THE GRADE HE OCCUPIES IN THE SCALE OF POSTS THAT PRINCIPLE OF EQUIVALENCE BETWEEN GRADE AND POST DOES NOT APPLY IN RESPECT OF POSTS WITHIN THE SAME GRADES .

4 . A COMMUNITY INSTITUTION IS ENTITLED TO EXPECT THAT SENIOR OFFICIALS SHALL BE SUFFICIENTLY ADAPTABLE TO FILL POSTS OF DIFFERENT KINDS .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICING SYSTEMS - WHETHER PERMISSIBLE - CONDITIONS

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRICING SYSTEMS - LEGISLATION DIFFERENTIATED ACCORDING TO THE ORIGIN OF THE PRODUCTS - REFERENCE TO THE MANUFACTURER ' S BASIC PRICE FOR IMPORTED PRODUCTS - LEVEL OF PRICES OF DOMESTIC PRODUCTS FROZEN AT A REFERENCE DATE - NOT PERMISSIBLE

( EEC TREATY , ART . 30 )

Summary

1 . ANY MEASURES WHICH ARE CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , TRADE BETWEEN MEMBER STATES ARE TO BE REGARDED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

2.SYSTEMS REGULATING PRICES APPLICABLE TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE DO NOT IN THEMSELVES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS BUT MAY HAVE SUCH AN EFFECT WHEN THE PRICES ARE FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS .

3.ARTICLE 30 OF THE EEC TREATY PRECLUDES A MEMBER STATE FROM INTRODUCING IN RESPECT OF PHARMACEUTICAL PRODUCTS IMPORTED FROM OTHER MEMBER STATES SPECIFIC LEGISLATION WHICH REFERS TO THE MANUFACTURER ' S BASIC PRICES USUALLY CHARGED FOR PRODUCTS INTENDED FOR CONSUMPTION WITHIN THE TERRITORY OF THE MEMBER STATE IN WHICH THEY ARE PRODUCED , WHERE THE LEGISLATION APPLICABLE TO DOMESTIC PRODUCTION IS BASED SOLELY ON A FREEZE OF THE LEVEL OF PRICES AT A GIVEN REFERENCE DATE .

A SITUATION OF THAT KIND CAN HAVE THE EFFECT OF PLACING THE SALE OF IMPORTED PRODUCTS AT A DISADVANTAGE BY RENDERING SUCH SALE MORE DIFFICULT , IMPOSSIBLE OR , IN ANY EVENT , LESS PROFITABLE THAN THE SALE OF DOMESTIC PRODUCTS WHENEVER THE LEVEL OF PRICES TO WHICH , AS REGARDS PRODUCTS FROM OTHER MEMBER STATES , THE LEGISLATION OF THE MEMBER STATE OF IMPORTATION REFERS , IS LOWER THAN THAT APPLICABLE TO PRODUCTS FROM THAT STATE .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - CONDITIONS OF PAYMENT - WRITTEN APPLICATION FROM TRADER - NECESSARY CONDITION - LIMITS

( REGULATION NO 1463/73 OF THE COMMISSION , ART . 13 )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - CONDITIONS OF PAYMENT - WRITTEN APPLICATION FROM THE TRADER - ABSENCE - DELIVERY OF CONTROL COPY 5 - DELIVERY IN LIEU OF A WRITTEN APPLICATION - CONDITIONS

( REGULATION NO 1463/73 OF THE COMMISSION , ART . 13 )

Summary

1 . ALTHOUGH IT MAY BE NECESSARY , FOR THE PROPER WORKING OF THE COMPLEX SYSTEM OF MONETARY COMPENSATORY AMOUNTS , TO REQUIRE , IN ARTICLE 13 OF REGULATION NO 1463/73 , A WRITTEN APPLICATION FROM THE TRADER FOR THE GRANT OF THOSE AMOUNTS , IT IS NECESSARY TO AVOID ANY FORMALISM WHICH WOULD GO FURTHER THAN IS NECESSARY FOR AN EFFECTIVE SUPERVISION OF THE TRANSACTIONS .

2.DELIVERY OF CONTROL COPY 5 TO BE THE NATIONAL AUTHORITY EMPOWERED TO GRANT MONETARY COMPENSATORY AMOUNTS MUST , IN THE ABSENCE OF AN EXPRESS REQUEST FROM THE TRADER , BE REGARDED AS EQUIVALENT TO A WRITTEN APPLICATION FOR PAYMENT OF THOSE AMOUNTS FOR THE PURPOSES OF ARTICLE 13 OF REGULATION NO 1463/73 WHENEVER THAT COPY CONTAINS DETAILS ENABLING IT TO BE ESTABLISHED THAT THE GOODS IN QUESTION CONFER AN ENTITLEMENT TO THOSE AMOUNTS AND THAT THE ABSENCE OF ANY EXPRESS REQUEST CANNOT BE CONSTRUED AS A WAIVER OF ENTITLEMENT TO THE AMOUNTS TO WHICH THE PERSON CONCERNED IS ENTITLED .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PRE-LITIGATION PROCEDURE - PURPOSE

( EEC TREATY , ART . 169 )

2 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PRE-LITIGATION PROCEDURE - INITIAL LETTER SETTING OUT COMPLAINTS IN GENERAL - REASONED OPINION - CLARIFICATION OF COMPLAINTS - PERMISSIBILITY

( EEC TREATY , ART . 169 )

3 . AGRICULTURE - APPROXIMATION OF LAWS ON ANIMAL HEALTH - FRESH POULTRYMEAT - INTRA-COMMUNITY TRADE - POWERS OF MEMBER STATES - CONDITIONS AND LIMITS

( EEC TREATY , ARTS 30 AND 36 ; COUNCIL DIRECTIVE 71/118 , ART . 11(1 ))

4 . FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF ANIMAL HEALTH - IMPORT LICENSING SYSTEM - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 36 )

Summary

1 . BY FORMALLY STATING THE INFRINGEMENT OF THE TREATY WITH WHICH THE MEMBER STATE CONCERNED IS CHARGED , THE REASONED OPINION CONCLUDES THE PRE-LITIGATION PROCEDURE PROVIDED FOR IN ARTICLE 169 . THE PURPOSE OF THAT PROCEDURE IS TO GIVE THE MEMBER STATE AN OPPORTUNITY , ON THE ONE HAND , OF REMEDYING THE POSITION BEFORE THE MATTER IS BROUGHT BEFORE THE COURT AND , ON THE OTHER HAND , OF PUTTING FORWARD ITS DEFENCE TO THE COMMISSION ' S COMPLAINTS .

2 . ALTHOUGH IT IS TRUE THAT UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 169 THE ACTION BROUGHT BY THE COMMISSION MUST RELATE TO THE SAME SUBJECT-MATTER AS THE REASONED OPINION , WHICH MUST IN TURN BE PRECEDED BY A LETTER INVITING THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS , THERE IS NOTHING TO PREVENT THE COMMISSION FROM SETTING OUT IN DETAIL IN THE REASONED OPINION THE COMPLAINTS WHICH IT HAS ALREADY MADE MORE GENERALLY IN ITS INITIAL LETTER . INDEED , THE REPLY TO THAT LETTER MY GIVE RISE TO A FRESH CONSIDERATION OF THOSE COMPLAINTS .

3 . ARTICLE 11 ( 1 ) OF DIRECTIVE 71/118 MUST BE UNDERSTOOD AS LEAVING THE MEMBER STATES POWER TO LAY DOWN HEALTH CONTROL PROVISIONS FOR INTRA- COMMUNITY TRADE IN FRESH POULTRYMEAT , PENDING THE ADOPTION OF COMMUNITY MEASURES . THAT PROVISION CANNOT HAVE THE EFFECT OF RELIEVING MEMBER STATES OF THEIR OBLIGATION TO COMPLY WITH THE PROHIBITIONS LAID DOWN IN ARTICLES 30 AND 36 OF THE TREATY IN THE FIELD WHICH IT COVERS .

4 . THE QUESTION WHETHER OR NOT NATIONAL MEASURES ON ANIMAL HEALTH MAY INCLUDE AN IMPORT LICENSING SYSTEM WITHOUT INFRINGING ARTICLE 36 OF THE TREATY CANNOT BE ANSWERED UNIFORMLY IN EVERY CASE . IN FACT , THE REPLY TO THAT QUESTION DEPENDS UPON THE RELATIONSHIP IN AN INDIVIDUAL CASE BETWEEN , ON THE ONE HAND , THE INCONVENIENCE CAUSED BY THE ADMINISTRATIVE AND FINANCIAL BURDENS IMPOSED UNDER SUCH A SYSTEM AND , ON THE OTHER HAND , THE DANGERS AND RISKS FOR ANIMAL HEALTH RESULTING FROM THE IMPORTS IN QUESTION .
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1 . COMPETITION - AGREEMENTS BETWEEN UNDERTAKINGS - EFFECT ON COMPETITION - CONTRACTS FOR THE SALE OF GOODS RESTRICTING THE BUYER ' S FREEDOM TO USE THE GOODS SUPPLIED - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA

( EEC TREATY , ART . 85 ( 1 ))

2 . COMPETITION - AGREEMENTS BETWEEN UNDERTAKINGS - AUTOMATIC NULLITY - CONSEQUENCES FOR PARTS OF THE AGREEMENT NOT CONTRARY TO ARTICLE 85 ( 1 ) - APPRAISAL BY THE NATIONAL COURT - APPLICATION OF NATIONAL LAW

( EEC TREATY , ART . 85 ( 2 ))

Summary

1 . PROVISIONS IN A CONTRACT CONCLUDED BETWEEN A FRENCH EXPORTER AND AN IMPORTER ESTABLISHED IN THE FEDERAL REPUBLIC OF GERMANY IMPOSING ON THE BUYER , DESCRIBED IN THE CONTRACT AS SOLE IMPORTER , AN OBLIGATION TO USE THE GOODS SUPPLIED FOR HIS OWN NEEDS , NOT TO RESELL THE GOODS IN A SPECIFIED AREA AND TO CONSULT THE SELLER BEFORE SOLICITING BUSINESS IN ANOTHER SPECIFIED AREA , BOTH AREAS BEING IN THE FEDERAL REPUBLIC OF GERMANY , HAVE AS THEIR OBJECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET . THEY ARE THEREFORE CONTRARY TO ARTICLE 85 ( 1 ) OF THE EEC TREATY AND VOID WHEN THE CONTRACT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES . WHERE SUCH A CONTRACT RELATES TO SOME 10% OF EXPORTS OF THE GOODS IN QUESTION TO THE FEDERAL REPUBLIC OF GERMANY FROM FRANCE , IT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES APPRECIABLY .

2 . THE AUTOMATIC NULLITY DECREED BY ARTICLE 85 ( 2 ) OF THE EEC TREATY APPLIES ONLY TO THOSE CONTRACTUAL PRO VISIONS WHICH ARE INCOMPATIBLE WITH ARTICLE 85 ( 1 ). THE CONSEQUENCES OF SUCH NULLITY FOR OTHER PARTS OF THE AGREEMENT , AND FOR ANY ORDERS AND DELIVERIES MADE ON THE BASIS OF THE AGREEMENT , AND THE RESULTING FINANCIAL OBLIGATIONS ARE NOT A MATTER FOR COMMUNITY LAW . SUCH CONSEQUENCES ARE TO BE DETERMINED BY THE NATIONAL COURT ACCORDING TO ITS OWN LAW .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - RIGHTS OF INSTITUTIONS RESPONSIBLE FOR BENEFITS AGAINST LIABLE THIRD PARTIES - INSTITUTION - MEANING

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( N ) AND ART . 93 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY REGULATIONS - MATTERS COVERED - ' ' INDUSTRIAL AGREEMENTS ' ' - EXCLUSION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( J ))

Summary

1 . THE TERM ' ' INSTITUTION ' ' IN ARTICLE 93 OF REGULATION NO 1408/71 MEANS , IN RESPECT OF EACH MEMBER STATE , THE BODY OR AUTHORITY RESPONSIBLE FOR ADMINISTERING ALL OR PART OF THE MEMBER STATE ' S LEGISLATION RELATING TO THE BRANCHES OR SCHEMES OF SOCIAL SECURITY MENTIONED IN THAT REGULATION .

2 . REGULATION NO 1408/71 DOES NOT APPLY TO ' ' INDUSTRIAL AGREEMENTS ' ' ( DISPOSITIONS CONVENTIONNELLES ). THEREFORE THE RELATIONSHIP EXISTING BETWEEN AN INSURED PERSON AND AN INSURANCE COMPANY UNDER INSURANCE HAVING A PURELY CONTRACTUAL BASIS DOES NOT , BY REASON OF ITS NATURE , FALL WITHIN THE SCOPE OF REGULATION NO 1408/71 .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL OBLIGATIONS - PROCEDURE PRIOR TO THE APPLICATION TO THE COURT - FORMAL INVITATION TO SUBMIT OBSERVATIONS - REASONED OPINION - PURPOSE - STATEMENT OF REASONS ON WHICH THE OPINION IS BASED - CRITERIA

( EEC TREATY , ART . 169 )

2 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION ON BASIS OF A POSSIBLE FAILURE TO FULFIL ITS OBLIGATIONS BY ANOTHER MEMBER STATE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

3 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - EXEMPTION FROM TURNOVER TAX AND EXCISE DUTIES - GOODS CONTAINED IN THE PERSONAL LUGGAGE OF TRAVELLERS - EXHAUSTIVE COMMUNITY RULES - SCOPE

( COUNCIL DIRECTIVE 69/169 )

4 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - EXEMPTION FROM TURNOVER TAX AND EXCISE DUTIES - GOODS CONTAINED IN THE PERSONAL LUGGAGE OF TRAVELLERS AND PURCHASED ON BOARD SHIPS EFFECTING EXCURSIONS AT SEA - GRANT OF THE EXEMPTION - NOT PERMISSIBLE

( COUNCIL DIRECTIVE 69/169 )

Summary

1 . IN PROCEEDINGS INSTITUTED BY THE COMMISSION UNDER ARTICLE 169 OF THE TREATY IN RESPECT OF FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS , THE LETTER ADDRESSED BY THE COMMISSION TO A MEMBER STATE FORMALLY INVITING IT TO SUBMIT ITS OBSERVATIONS AND THEN THE REASONED OPINION DELIVERED BY THE COMMISSION MUST GIVE THE STATE IN QUESTION AN OPPORTUNITY TO SUBMIT ITS OBSERVATIONS AND CONSTITUTE AN ESSENTIAL GUARANTEE PROVIDED BY THE TREATY ; COMPLIANCE WITH THAT GUARANTEE IS AN ESSENTIAL FORMAL REQUIREMENT OF THE PROCEDURE UNDER ARTICLE 169 OF THE TREATY . THE OPINION REFERRED TO IN ARTICLE 169 MUST BE CONSIDERED TO CONTAIN A SUFFICIENT STATEMENT OF REASONS WHEN IT CONTAINS A COHERENT STATEMENT OF THE REASONS WHICH LED THE COMMISSION TO BELIEVE THAT THE STATE IN QUESTION HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

2 . A MEMBER STATE CANNOT PLEAD THE PRINCIPLE OF RECIPROCITY AND RELY ON A POSSIBLE INFRINGEMENT OF THE TREATY BY ANOTHER MEMBER STATE IN ORDER TO JUSTIFY ITS OWN DEFAULT . NOR , THEREFORE , CAN A MEMBER STATE RELY ON THE PRINCIPLE OF RECIPROCITY TO CONTEST THE ADMISSIBILITY OF AN ACTION BROUGHT AGAINST IT FOR FAILURE TO FULFIL ITS OBLIGATIONS .

3 . DIRECTIVE 69/169 CONTAINS EXHAUSTIVE RULES ON EXEMPTIONS FROM TURNOVER TAX AND EXCISE DUTIES APPLICABLE TO GOODS CONTAINED IN THE PERSONAL LUGGAGE OF TRAVELLERS CROSSING THE FRONTIERS OF THE MEMBER STATES . ACCORDINGLY , THE PROVISIONS OF THE DIRECTIVE COVER ALL THE EXEMPTIONS FROM SUCH CHARGES APPLICABLE IN INTERNATIONAL TRAVEL , REGARDLESS OF THE COUNTRY FROM WHICH THE TRAVELLERS COME .

4 . BY GRANTING EXEMPTIONS FROM TURNOVER TAX AND EXCISE DUTIES IN RESPECT OF THE IMPORTATION OF GOODS CONTAINED IN TRAVELLERS ' PERSONAL LUGGAGE AND ACQUIRED FREE OF TAX ON BOARD SHIPS ENTERING THE CUSTOMS TERRITORY ACROSS THE MARITIME FRONTIER WITHOUT THEIR HAVING IN FACT PREVIOUSLY CALLED AT A PORT IN ANOTHER MEMBER STATE OR IN A NON-MEMBER COUNTRY , A MEMBER STATE INFRINGES DIRECTIVE 69/169 , AS AMENDED .
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OFFICIALS - REMUNERATION - REGULAR TRANSFERS OUTSIDE COUNTRY OF EMPLOYMENT - COMMITMENTS REGULARLY UNDERTAKEN WITHIN THE MEANING OF ARTICLE 17 ( 2 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS - CONCEPT

( STAFF REGULATIONS OF OFFICIALS , ANNEX VII , ART . 17 ( 2 ) ( B ))

Summary

THE REFERENCE IN ARTICLE 17 ( 2 ) ( B ) OF AN- NEX VII TO THE STAFF REGULATIONS TO COMMITMENTS REGULARLY UNDERTAKEN BY THE OFFICIAL OUTSIDE THE COUNTRY IN WHICH THE INSTITUTION HAS ITS SEAT OR IN WHICH HE CARRIES OUT HIS DUTIES , WHICH , AS AMPLIFIED BY THE IMPLEMENTING RULES LAID DOWN BY COMMON AGREEMENT BETWEEN THE INSTITUTIONS , IS A CONDITION OF THE OFFICIAL ' S ENTITLEMENT TO HAVE PART OF HIS EMOLUMENTS TRANSFERRED OUTSIDE HIS COUNTRY OF EMPLOYMENT THROUGH THE INSTITUTION WHICH HE SERVES , MUST BE INTERPRETED TO MEAN COMMITMENTS RELATING TO THE MANAGEMENT OF CERTAIN INTERESTS OF THE OFFICIAL CONCERNED , SITUATED OUTSIDE HIS COUNTRY OF EMPLOYMENT AND ARISING IN CONNECTION WITH HIS FAMILY CIRCUMSTANCES , RETIREMENT OR HOUSING .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - PROTECTIVE MEASURES ON THE IMPORTATION OF PRESERVED MUSHROOMS - MEASURES WHICH MAY BE ADOPTED BY THE COMMISSION - LEVYING OF AN ADDITIONAL AMOUNT

( COUNCIL REGULATIONS NO 516/77 , ART . 13 ( 2 ), AND NO 521/77 , ART . 2 ; COMMISSION REGULATION NO 3429/80 , ARTS 1 AND 2 )

Summary

THE COMMISSION WAS EMPOWERED TO INCORPORATE IN REGULATION NO 3429/80 , AS A PROTECTIVE MEASURE WITHIN THE MEANING OF REGULATION NO 521/77 , A PROVISION THAT IMPORT LICENCES SHOULD BE ISSUED ON PAYMENT OF AN ADDITIONAL AMOUNT .