ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - PERSONAL FILE - CONTENT

( STAFF REGULATIONS, ART . 26 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - DETERMINATION OF THE INSTANCE OF AN OCCUPATIONAL DISEASE - ACCESS BY THE OFFICIAL OR THOSE ENTITLED UNDER HIM TO DOCUMENTS OF A MEDICAL NATURE - PROCEDURES

Summary

1 . ANY DOCUMENT WHICH MIGHT AFFECT THE ADMINISTRATIVE STATUS OF AN OFFICIAL AND HIS CAREER MUST BE PLACED IN HIS PERSONAL FILE SO AS TO GUARANTEE HIS RIGHT TO DEFEND HIMSELF . DOCUMENTS, INCLUDING THOSE OF A MEDICAL NATURE, RELATING TO THE FINDINGS OF FACT CONCERNING AN INCIDENT AT WORK MUST ALSO APPEAR IN THE PERSONAL FILE IN SO FAR AS THE FACTS WHICH THEY RECOUNT FORM THE BASIS OF REPORTS CONCERNING THE ABILITY, EFFICIENCY OR CONDUCT OF THE OFFICIAL .

2 . IN THE CONTEXT OF THE PROCEDURE FOR RECOGNITION OF AN OCCUPATIONAL DISEASE, RESPECT FOR THE OFFICIAL' S RIGHTS, IN PARTICULAR THE POSSIBILITY WHICH HE MUST HAVE OF EXAMINING THE REASONS FOR THE PROPOSED DECISION AND OF JUDGING WHETHER THAT DECISION IS IN CONFORMITY WITH THE STAFF REGULATIONS, REQUIRES THAT HE BE GRANTED A MEANS OF ACCESS TO DOCUMENTS OF A MEDICAL NATURE . THAT POSSIBILITY MUST, HOWEVER, BE RECONCILED WITH THE REQUIREMENTS OF MEDICAL CONFIDENTIALITY WHICH MAKE EVERY DOCTOR THE JUDGE OF WHETHER HE CAN INFORM THE PERSONS WHOM HE IS TREATING OR EXAMINING OF THE NATURE OF THE ILLNESSES FROM WHICH THEY MAY BE SUFFERING AND WHICH MUST ALSO APPLY VIS-A-VIS PERSONS ENTITLED UNDER A DECEASED OFFICIAL, EVEN IF THAT OFFICIAL HAD RELEASED THE DOCTORS FROM THEIR DUTY OF CONFIDENTIALITY . THAT IS WHY A SPECIAL PROCEDURE ALLOWING INDIRECT ACCESS TO DOCUMENTS OF A MEDICAL NATURE THROUGH THE INTERPOSITION OF A MEDICAL EXAMINER APPOINTED BY THE OFFICIAL HAS BEEN PROVIDED FOR .
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1 . FREEDOM TO PROVIDE SERVICES - COMMUNITY RULES - SCOPE RATIONE PERSONAE - NATIONAL OF TWO MEMBER STATES ESTABLISHED IN ONE STATE AND RELYING ON THE FREEDOM TO PROVIDE SERVICES IN ANOTHER - INCLUSION - LAWYERS - DIRECTIVE 77/249

( COUNCIL DIRECTIVE 77/249 )

2 . FREEDOM TO PROVIDE SERVICES - LAWYERS - DIRECTIVE 77/249 - SCOPE - LAWYER RELYING ON THE FREEDOM TO PROVIDE SERVICES IN A MEMBER STATE WHERE HE HAS BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION FOR REASONS RELATING TO THE OBSERVANCE OF PROFESSIONAL ETHICS - EXCLUSION

( COUNCIL DIRECTIVE 77/249 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - LAWYERS - ACCESS TO THE LEGAL PROFESSION - REQUIREMENT OF REGISTRATION AT A BAR - PERMISSIBILITY

( EEC TREATY, SECOND PARAGRAPH OF ART . 52 )

Summary

1 . FREEDOM OF MOVEMENT FOR PERSONS, FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES, WHICH ARE FUNDAMENTAL IN THE COMMUNITY SYSTEM, WOULD NOT BE FULLY REALIZED IF A MEMBER STATE WERE ENTITLED TO REFUSE TO GRANT THE BENEFIT OF THE PROVISIONS OF COMMUNITY LAW TO THOSE OF ITS NATIONALS WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE OF WHICH THEY ARE ALSO A NATIONAL AND WHO TAKE ADVANTAGE OF THE FACILITIES OFFERED BY COMMUNITY LAW IN ORDER TO PURSUE THEIR ACTIVITIES IN THE TERRITORY OF THE FIRST STATE BY WAY OF PROVISION OF SERVICES . CONSEQUENTLY, A NATIONAL OF TWO MEMBER STATES WHO IS ADMITTED TO PRACTISE AS A MEMBER OF THE LEGAL PROFESSION IN ONE OF THOSE STATES MAY RELY ON THE PROVISIONS OF DIRECTIVE 77/249 IN THE TERRITORY OF THE OTHER STATE WHERE THE CONDITIONS FOR THE APPLICATION OF THAT DIRECTIVE, AS DEFINED THEREIN, ARE SATISFIED .

2 . DIRECTIVE 77/249 MUST BE INTERPRETED AS MEANING THAT ITS PROVISIONS MAY NOT BE RELIED UPON BY A LAWYER ESTABLISHED IN ONE MEMBER STATE WITH A VIEW TO PURSUING HIS ACTIVITIES BY WAY OF THE PROVISION OF SERVICES IN THE TERRITORY OF ANOTHER MEMBER STATE WHERE HE HAD BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION IN THE LATTER MEMBER STATE FOR REASONS RELATING TO DIGNITY, GOOD REPUTE AND INTEGRITY .

3 . ARTICLE 52 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE WHOSE LEGISLATION REQUIRES LAWYERS TO BE REGISTERED AT A BAR MAY PRESCRIBE THE SAME REQUIREMENT FOR LAWYERS WHO COME FROM OTHER MEMBER STATES AND WHO TAKE ADVANTAGE OF THE RIGHT OF ESTABLISHMENT GUARANTEED BY THE TREATY IN ORDER TO ESTABLISH THEMSELVES AS MEMBERS OF A LEGAL PROFESSION IN ITS TERRITORY .
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COMMON CUSTOMS TARIFF - EXEMPTION FROM IMPORT DUTIES - SCIENTIFIC INSTRUMENTS AND APPARATUS - EQUIVALENCE OF IMPORTED APPARATUS AND OTHER APPARATUS MANUFACTURED IN THE COMMUNITY - ASSESSMENT - PERFORMANCE OF COMMUNITY APPARATUS GREATLY SUPERIOR TO THAT NECESSARY FOR THE RESEARCH PROJECT - NOT RELEVANT

( REGULATION NO 1798/75 OF THE COUNCIL, ART . 3 ( 3 ), AS AMENDED BY REGULATION NO 1027/79; COMMISSION REGULATION NO 2784/79, ART . 5 ( 2 ) )

Summary

REGULATION NO 1798/75 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS AND REGULATION NO 2784/79 LAYING DOWN PROVISIONS FOR THE IMPLEMENTATION OF REGULATION NO 1798/75 MUST BE INTERPRETED AS MEANING THAT THE MERE FACT THAT AN INSTRUMENT OR APPARATUS MANUFACTURED IN THE COMMUNITY IS CAPABLE OF PERFORMANCES GREATLY SUPERIOR TO THOSE NECESSARY FOR THE PROPOSED RESEARCH PROJECT DOES NOT PREVENT ITS BEING REGARDED AS BEING "OF EQUIVALENT SCIENTIFIC VALUE" WITHIN THE MEANING OF THE ABOVEMENTIONED REGULATIONS .
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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT CONFIRMING THE FAILURE - TIME ALLOWED FOR COMPLIANCE

( EEC TREATY, ART . 171 )

2 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - UNACCEPTABLE

Summary

1 . ACTION TO GIVE EFFECT TO A JUDGMENT DECLARING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS MUST BE SET IN MOTION IMMEDIATELY AND BE COMPLETED IN THE SHORTEST POSSIBLE PERIOD .

2 . A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER COMMUNITY LAW .
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1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - FREEDOM TO PROVIDE SERVICES - DEROGATIONS - ACTIVITIES CONNECTED WITH THE EXERCISE OF OFFICIAL AUTHORITY - TEACHING PROVIDED BY PRIVATE SCHOOLS OR GIVEN AT HOME - EXCLUSION - EXCLUSION OF NATIONALS OF OTHER MEMBER STATES - NOT PERMISSIBLE

( EEC TREATY, ARTS 52, 55 AND 59 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT TO TAKE UP EMPLOYMENT - TRANSITIONAL PROVISIONS OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC - EXCLUSION OR RESTRICTION OF THE RIGHT OF NATIONALS OF OTHER MEMBER STATES ALREADY EMPLOYED IN GREECE AND OF MEMBERS OF THEIR FAMILIES TO TAKE UP THE POSTS OF DIRECTOR OR TEACHER IN PRIVATE SCHOOLS - NOT PERMISSIBLE

( EEC TREATY, ART . 48; ACT OF ACCESSION OF THE HELLENIC REPUBLIC, ARTS 44 AND 45 )

Summary

1 . SINCE IT DEROGATES FROM THE FUNDAMENTAL RULE OF FREEDOM OF ESTABLISHMENT, ARTICLE 55 OF THE TREATY MUST BE INTERPRETED IN A MANNER WHICH LIMITS ITS SCOPE TO WHAT IS STRICTLY NECESSARY IN ORDER TO SAFEGUARD THE INTERESTS WHICH IT ALLOWS THE MEMBER STATES TO PROTECT . ALTHOUGH IT IS FOR EACH MEMBER STATE, IN THE ABSENCE OF A COMMUNITY DIRECTIVE DESIGNED TO HARMONIZE NATIONAL PROVISIONS ON THE SETTING-UP OF TEACHING ESTABLISHMENTS, TO DETERMINE THE ROLE OF, AND THE RESPONSIBILITIES ATTACHING TO, OFFICIAL AUTHORITY IN THIS AREA, IT CANNOT BE ACCEPTED, SAVE AT THE COST OF UNDERMINING THE EFFECTIVENESS OF THE TREATY IN THIS AREA, THAT THE MERE FACT THAT A PRIVATE INDIVIDUAL SETS UP A PRIVATE SCHOOL OR GIVES PRIVATE LESSONS AT HOME IS CONNECTED WITH THE EXERCISE OF OFFICIAL AUTHORITY WITHIN THE MEANING OF ARTICLE 55 .

ACCORDINGLY, A MEMBER STATE WHICH RESERVES TO ITS OWN NATIONALS THE RIGHT TO SET UP PRIVATE COACHING ESTABLISHMENTS, TO OPEN PRIVATE MUSIC AND DANCING SCHOOLS AND TO GIVE PRIVATE LESSONS AT HOME IS NOT FULFILLING ITS OBLIGATIONS UNDER ARTICLES 52 AND 59 OF THE TREATY . ON THE OTHER HAND, A PROHIBITION ON THE SETTING-UP OF PRIVATE VOCATIONAL TRAINING SCHOOLS DOES NOT CONSTITUTE A FAILURE TO FULFIL THOSE OBLIGATIONS SINCE IT APPLIES TO NATIONALS OF THAT STATE AND TO NATIONALS OF OTHER MEMBER STATES ALIKE .

2 . THE HELLENIC REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 48 OF THE EEC TREATY, WITHIN THE LIMITS LAID DOWN BY ARTICLES 44 AND 45 OF THE ACT OF ACCESSION, BY PROHIBITING - SUBJECT TO LIMITED DEROGATIONS - NATIONALS OF OTHER MEMBER STATES ALREADY EMPLOYED IN GREECE AND MEMBERS OF THEIR FAMILIES FROM TAKING UP THE POSTS OF DIRECTOR OR TEACHER IN PRIVATE COACHING ESTABLISHMENTS AND IN PRIVATE MUSIC AND DANCING SCHOOLS .
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Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of dried grapes - Power conferred on the Commission - Validity - Countervailing charge at a fixed rate based on the lowest world-market price - Not permissible

( Council Regulations Nos 516/77 and 521/77; Commission Regulation No 2742/82 )

Summary

The power which Council Regulation No 521/77, in conjunction with Regulation No 516/77, confers on the Commission with regard to the adoption of protective measures on the market in products processed from fruit and vegetables satisfies the requirements of specificity to which the validity of such a power is subject . In the exercise of that power, the Commission may take protective measures applicable to imports of dried grapes from non-member countries where such imports constitute one of the factors which have given rise or are likely to give rise to serious disturbances on the Community market, without necessarily being the essential factor .

The Commission was thus entitled to fix, by Regulation No 2742/82, a minimum price for imports of dried grapes into the Community, together with a countervailing charge in order to enforce that price . However, by providing for a fixed-rate countervailing charge equal to the difference between the minimum price and the lowest world-market price the Commission exceeded its powers, since a rule of that kind, which was not necessary in order to prevent disturbances on the Community market, inflicts an economic penalty on a trader who has imported the products at a price which is below the minimum price but may be very close to it, whereas the aim of the countervailing charge is only to enforce the minimum price so as to ensure Community preference .
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1 . Aids granted by States - Concept - Interest rebate on export credits - Inclusion - Appraisal by Commission for the purposes of the rules on agriculture - Irrelevant

( EEC Treaty, Art . 92 )

2 . Member States - Obligations - Exercise of powers retained in the monetary field - Unilateral measures prohibited by the Treaty - Not permissible

3 . Aids granted by States - Concept - Aid not deriving from State resources - Aid granted through public or private bodies - Inclusion

( EEC Treaty, Art . 92 )

4 . Aids granted by States - Commission decision determining the incompatibility of an aid with the common market - Duty to state reasons - Necessary information

( EEC Treaty, Arts 92 and 190 )

Summary

1 . An interest rebate on export credits whose effect is to afford export undertakings an economic advantage by reducing the costs incurred by them in respect of sales on the markets of other Member States constitutes an aid within the meaning of Article 92 of the Treaty . That classification is unaffected by any appraisal of the rebate made by the Commission for the purpose of applying the Community rules on agriculture .

2 . The exercise by the Member States of the powers retained by them in the monetary field does not permit them unilaterally to adopt measures which are prohibited by the Treaty .

3 . An aid need not necessarily be financed from State resources to be classified as a State aid . Article 92 covers all aid granted by States or through State resources and there is no necessity to draw any distinction according to whether the aid is granted directly by the State or by public or private bodies established or appointed by it to administer the aid .

4 . Even though the very circumstances in which the aid is granted may be sufficient to show that the aid is capable of affecting trade between Member States or of distorting or threatening to distort competition, the Commission must nevertheless set out those circumstances in the statement of reasons for its decision . That requirement is satisfied where the decision contains a sufficiently explicit and detailed statement of reasons for it to be inferred that the Commission was legally entitled to take the view that, in so far as it placed export undertakings in a more advantageous position than that of other traders not benefiting from such action, an interest rebate on export credits was indeed capable of affecting trade between Member States and distorting competition .
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1 . Social security for migrant workers - Family benefits - Recipients of pensions - Benefits payable by the Member State of origin to its nationals residing in another Member State - Limitation to family allowances within the meaning of Article 1 ( u ) ( ii ) of Regulation No 1408/71

( Council Regulation No 1408/71, Art . 77 )

2 . Social security for migrant workers - Treaty provisions - Purpose - Coordination, not harmonization, of national legislation - Differences of treatment stemming from differences between social security systems - Permissibility - Creation of disparities of treatment by Community rules - Not permissible - Principle prohibiting discrimination on grounds of nationality - Scope - Article 77 of Regulation No 1408/71 - Legality

( EEC Treaty, Arts 7, 48 and 51; Council Regulation No 1408/71, Art . 77 )

Summary

1 . Article 77 of Regulation No 1408/71 must be interpreted as giving a person entitled to family benefits who is a national of a Member State and has dependent children but resides in another Member State entitlement to payment by the social security institutions of his country of origin only of "family allowances", as defined in Article 1 ( u ) ( ii ) of Regulation No1408/71, to the exclusion of other family benefits such as the "rentrée scolaire" ( school expenses ) allowance and the "salaire unique" ( single wage ) allowance provided for by French legislation .

2 . Article 51 of the Treaty provides for the coordination, not the harmonization, of the legislation of the Member States and leaves in being differences between the Member States' social security systems and, consequently, in the rights of persons working in the Member States . It follows that substantive and procedural differences between the social security systems of the Member States, and hence in the rights of the persons working in the Member States, are unaffected by Article 51 of the Treaty . However, the Community rules on social security must refrain from adding to the disparities which already stem from the absence of harmonization of national legislation, and the principle of equal treatment laid down in Articles 7 and 48 of the Treaty prohibits not only overt discrimination based on nationality but also all covert forms of discrimination which, by applying other distinguishing criteria, in fact achieve the same result .

Article 77 of Regulation No 1408/71, under which the benefits for dependent children which a Member State must pay to its nationals who are in receipt of a pension and reside in another Member State are restricted to family allowances, is not contrary to those principles . It is a rule of general scope which applies indistinctly to all nationals of the Member States and is based on objective criteria concerning the nature of benefits of that kind and the conditions for granting them; it does not of itself lead to discrimination .
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1 . Action for annulment - Action brought against a regulation imposing a provisional anti-dumping duty - Subsequent adoption of a regulation imposing a definitive anti-dumping duty at a lower rate - Consequences regarding the interest in bringing proceedings

( EEC Treaty, Art . 173 )

2 . Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation imposing anti-dumping duties - Importers who are associated with the exporter and whose resale prices have been used to establish the dumping margin or to calculate the anti-dumping duty

( EEC Treaty, Art . 173, second paragraph )

3 . Common commercial policy - Protection against dumping - Dumping margin - Determination of the normal value - Imports from countries not having a market economy - Principal factor to be taken into account - Price actually charged for a like product in a market-economy non-member country - Use of a constructed value - Substitute method presupposing the existence of specific circumstances prevailing on the domestic market of the country chosen as reference country

( Council Regulation No 2176/84, Art . 2(5 ) )

4 . Common commercial policy - Protection against dumping - Dumping margin - Comparison between the normal value and the export price - Adjustments - Factors to be taken into consideration - Exhaustive enumeration - Irrelevant factors

( Council Regulation No 2176/84, Art . 2(9 ) and ( 10 ) )

5 . Common commercial policy - Protection against dumping - Dumping margin - Comparison between the normal value and the export price - Adjustments - Burden of proof

( Council Regulation No 2176/84, Art . 2(10 ) )

6 . Common commercial policy - Protection against dumping - Injury - Factors to be taken into consideration - Several - Discretion of the institutions - Decline in the market share of dumped imports - Not decisive

( Council Regulation No 2176/84, Art . 4(2 ) )

7 . Common commercial policy - Protection against dumping - Injury - Products originating in different countries - Assessment of the combined effects of imports

( Council Regulation No 2176/84, Art . 4(2 ) )

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the applicant to pay the costs, including those of the interveners .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE RATIONE MATERIAE - SUPPLEMENTARY ALLOWANCE PAID TO RECIPIENTS OF PENSIONS BY A NATIONAL SOLIDARITY FUND - INCLUSION

( REGULATION NO 1408/71 OF THE COUNCIL )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCOPE RATIONE PERSONAE - MEMBERS OF A WORKER' S FAMILY - RIGHTS ACQUIRED IN A CAPACITY OTHER THAN THAT OF MEMBER OF A WORKER' S FAMILY - INAPPLICABILITY OF REGULATION NO 1408/71

( REGULATION NO 1408/71 OF THE COUNCIL )

3 . FREE MOVEMENT OF PERSONS - WORKERS - COMMUNITY RULES - CASES WHICH HAVE NO FACTOR LINKING THEM WITH COMMUNITY LAW - INAPPLICABILITY - WORKER WHO HAS NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT WITHIN THE COMMUNITY - DENIAL TO A MEMBER OF THAT WORKER' S FAMILY OF ADVANTAGES GRANTED TO NATIONAL WORKERS - WHETHER PERMISSIBLE

( REGULATION NO 1612/68 OF THE COUNCIL )

Summary

1 . REGULATION NO 1408/71 DOES NOT EXCLUDE FROM ITS SCOPE RATIONE MATERIAE A SUPPLEMENTARY ALLOWANCE PAID BY A NATIONAL SOLIDARITY FUND AND GRANTED TO RECIPIENTS OF OLD-AGE, SURVIVORS' OR INVALIDITY PENSIONS WITH A VIEW TO PROVIDING THEM WITH A MINIMUM MEANS OF SUBSISTENCE, PROVIDED THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT OF SUCH AN ALLOWANCE .

2 . MEMBERS OF THE FAMILY OF A WORKER CAN ONLY CLAIM DERIVED RIGHTS UNDER REGULATION NO 1408/71, THAT IS TO SAY THE RIGHTS ACQUIRED THROUGH THEIR STATUS AS MEMBERS OF THE WORKER' S FAMILY . IT FOLLOWS THAT A MEMBER OF THE FAMILY OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE CANNOT RELY ON REGULATION NO 1408/71 IN ORDER TO CLAIM A SUPPLEMENTARY ALLOWANCE CONNECTED WITH A PENSION WHICH HE RECEIVES IN THAT MEMBER STATE IN A CAPACITY OTHER THAN THAT OF A MEMBER OF A WORKER' S FAMILY .

3 . THE COMMUNITY RULES ON FREEDOM OF MOVEMENT FOR WORKERS DO NOT APPLY TO CASES WHICH HAVE NO FACTOR LINKING THEM WITH ANY OF THE SITUATIONS GOVERNED BY COMMUNITY LAW . SUCH IS THE CASE WITH WORKERS WHO HAVE NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT WITHIN THE COMMUNITY . ACCORDINGLY, A MEMBER OF THE FAMILY OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE CANNOT RELY ON REGULATION NO 1612/68 IN ORDER TO CLAIM THE SAME SOCIAL ADVANTAGES AS WORKERS WHO ARE NATIONALS OF THAT STATE WHEN THE WORKER OF WHOSE FAMILY HE IS A MEMBER HAS NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT WITHIN THE COMMUNITY .
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1 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - PLANT BREEDERS' RIGHTS - LICENSING AGREEMENT FOR THE PURPOSES OF PROPAGATION - PROVISION PROHIBITING THE SALE AND EXPORTATION OF BASIC SEED - LAWFULNESS

( EEC TREATY, ART . 85 ( 1 ) )

2 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - PROHIBITION - CONDITIONS - WHERE TRADE BETWEEN MEMBER STATES IS AFFECTED - IMPAIRMENT OF COMPETITION

( EEC TREATY, ART . 85 ( 1 ) )

3 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - PLANT BREEDERS' RIGHTS - LICENSING AGREEMENT FOR THE PURPOSES OF PROPAGATION - IMPOSITION OF MINIMUM PRICES - UNLAWFULNESS - CONDITION - APPRECIABLE EFFECT ON TRADE BETWEEN MEMBER STATES

( EEC TREATY, ART . 85 ( 1 ) )

Summary

1 . A PROVISION OF AN AGREEMENT CONCERNING THE PROPAGATION AND SALE OF SEED, IN RESPECT OF WHICH ONE OF THE PARTIES IS THE HOLDER OR THE AGENT OF THE HOLDER OF CERTAIN PLANT BREEDERS' RIGHTS, WHICH PROHIBITS THE GROWER FROM SELLING AND EXPORTING THE BASIC SEED IS COMPATIBLE WITH ARTICLE 85 ( 1 ) OF THE TREATY IN SO FAR AS IT IS NECESSARY IN ORDER TO PERMIT THE BREEDER TO SELECT THE GROWERS WHO ARE TO BE LICENSEES .

2 . AN AGREEMENT WHICH MAKES IT POSSIBLE TO FORESEE, ON THE BASIS OF ALL THE OBJECTIVE FACTORS OF LAW OR FACT, WITH A SUFFICIENT DEGREE OF PROBABILITY THAT IT MAY HAVE AN INFLUENCE, DIRECT OR INDIRECT, ACTUAL OR POTENTIAL, ON THE PATTERN OF TRADE BETWEEN MEMBER STATES IN SUCH A WAY THAT IT MIGHT HINDER THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN MEMBER STATES AND WHICH HAS AS ITS OBJECT OR EFFECT THE RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE COMMON MARKET FALLS WITHIN THE PROHIBITION SET OUT IN ARTICLE 85 ( 1 ) OF THE TREATY .

3 . A PROVISION IN AN AGREEMENT CONCERNING THE PROPAGATION AND SALE OF SEED, IN RESPECT OF WHICH ONE OF THE PARTIES IS THE HOLDER OR THE AGENT OF THE HOLDER OF CERTAIN PLANT BREEDERS' RIGHTS, WHICH OBLIGES THE GROWER TO COMPLY WITH MINIMUM PRICES FIXED BY THE OTHER PARTY FALLS WITHIN THE PROHIBITION SET OUT IN ARTICLE 85 ( 1 ) ONLY IF IT IS FOUND, HAVING REGARD TO THE ECONOMIC AND LEGAL CONTEXT OF THE AGREEMENT CONTAINING THE PROVISION IN QUESTION, THAT THE AGREEMENT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES TO AN APPRECIABLE DEGREE .
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OFFICIALS - APPEAL - PRIOR ADMINISTRATIVE COMPLAINT - TIME PERIODS - LIMITATION - REOPENING - CONDITIONS - NEW FACT

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

Summary

AN OFFICIAL CANNOT REOPEN THE PERIOD FOR LODGING AN APPEAL PROVIDED FOR IN ARTICLE 91 OF THE STAFF REGULATIONS BY LODGING A COMPLAINT ABOUT A MATTER WHICH HAS ALREADY BEEN SETTLED BY AN INDIVIDUAL DECISION WHICH HAS BECOME FINAL . ONLY THE EMERGENCE OF A NEW FACT IS CAPABLE OF CAUSING TIME TO START RUNNING AGAIN SO AS TO ENABLE CONTENTIOUS PROCEEDINGS TO BE INSTITUTED AGAINST SUCH A DECISION . IF A JUDGMENT OF THE COURT ANNULLING AN ADMINISTRATIVE MEASURE IS CAPABLE OF CONSTITUTING A NEW FACT, THIS IS SO ONLY AS REGARDS THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED .