ddrg/super_eurlex huggingface dataset:
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1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - CONSIDERATION FOR SERVICE RENDERED - CRITERIA

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

2 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - STORAGE CHARGES LEVIED ON GOODS PRESENTED AT PUBLIC WAREHOUSES IN THE INTERIOR OF A MEMBER STATE - PERMISSIBILITY - LIMITS

( EEC TREATY , ARTS 9 AND 12 )

Summary

1 . ANY PECUNIARY CHARGE , HOWEVER SMALL AND WHATEVER ITS DESIGNATION AND MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON THE 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 EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY , EVEN IF IT IS NOT LEVIED BY THE STATE . THE POSITION IS DIFFERENT ONLY IF THE CHARGE IN QUESTION IS THE CONSIDERATION FOR A SERVICE ACTUALLY RENDERED TO THE IMPORTER AND IS OF AN AMOUNT COMMENSURATE WITH THAT SERVICE , WHEN THE CHARGE CONCERNED IS PAYABLE EXCLUSIVELY ON IMPORTED PRODUCTS .

2 . THE PLACING OF IMPORTED GOODS WHICH ORIGINATE IN ANOTHER MEMBER STATE OR ARE IN FREE CIRCULATION OR TEMPORARY STORAGE IN THE SPECIAL STORES OF PUBLIC WAREHOUSES IN THE INTERIOR OF THE TERRITORY OF A MEMBER STATE REPRESENTS A SERVICE RENDERED TO TRADERS . THEREFORE STORAGE CHARGES COMMENSURATE WITH THE SERVICE THUS RENDERED AND LEVIED ON GOODS PRESENTED AT SUCH WAREHOUSES DO NOT AMOUNT TO CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .

HOWEVER , SUCH STORAGE CHARGES CONSTITUTE CHARGES HAVING AN EQUIVALENT EFFECT IN SO FAR AS THEY ARE ALSO LEVIED WHEN GOODS IMPORTED INTO THE MEMBER STATE IN QUESTION ARE PRESENTED AT A SPECIAL STORE SOLELY FOR THE COMPLETION OF CUSTOMS FORMALITIES AND EVEN WHEN THE GOODS HAVE BEEN EXEMPTED FROM STORAGE AND NO REQUEST FOR TEMPORARY STORAGE HAS BEEN MADE BY THE IMPORTER .
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1 . TAX PROVISIONS - INTERNAL TAXATION - GRANT OF TAX ADVANTAGES IN FAVOUR OF DOMESTIC PRODUCTS - PERMISSIBILITY - CONDITIONS - EXTENSION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES

( EEC TREATY , ART . 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - LAWFUL GRANT OF TAX ADVANTAGES FOR DOMESTIC PRODUCTS - EXTENSION TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES - CONDITIONS

( EEC TREATY , ART . 95 )

Summary

1 . IN THE PRESENT STATE OF COMMUNITY LAW MEMBER STATES ARE NOT PROHIBITED FROM GRANTING TAX ADVANTAGES IN THE FORM OF EXEMPTION FROM OR REDUCTION IN DUTY IN RESPECT OF CERTAIN KINDS OF SPIRITS OR CERTAIN CATEGORIES OF PRODUCERS . HOWEVER , ARTICLE 95 OF THE TREATY REQUIRES THAT SUCH PREFERENTIAL ARRANGEMENTS BE EXTENDED WITHOUT DISCRIMINATION TO IMPORTED PRODUCTS MEETING THE SAME CONDITIONS AS THE DOMESTIC PRODUCTS FOR WHICH THE PREFERENTIAL TREATMENT IS GRANTED AND MUST NOT CONSTITUTE INDIRECT PROTECTION FOR DOMESTIC PRODUCTS .

2 . ARTICLE 95 OF THE TREATY MUST BE INTERPRETED AS MEANING THAT , IN ORDER TO QUALIFY FOR A TAX ADVANTAGE AVAILABLE TO DOMESTIC PRODUCTS WHICH IS PERMISSIBLE UNDER COMMUNITY LAW BECAUSE IT IS NOT DISCRIMINATORY INASMUCH AS THE NATIONAL PROVISIONS DO NOT PRESCRIBE FOR ITS GRANT A CONDITION WHICH ONLY DOMESTIC PRODUCTION IS CAPABLE OF FULFILLING , SPIRITS IMPORTED FROM OTHER MEMBER STATES MUST SATISFY ALL THE CONDITIONS OF THE PROVISIONS ESTABLISHING THE TAX ADVANTAGE IN QUESTION .
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1 . EEC TREATY - SUBSTANTIVE SCOPE - VOCATIONAL TRAINING - OPPORTUNITY FOR INSTRUCTION - APPLICABILITY OF THE PROVISIONS OF THE TREATY

( EEC TREATY , ART . 128 ; COUNCIL DECISION NO 63/266 )

2 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - INSTRUCTION IN A MEMBER STATE - ADDITIONAL ENROLMENT FEE DEMANDED ONLY OF NATIONALS OF OTHER MEMBER STATES - PROHIBITION

( EEC TREATY , ART . 7 )

3 . PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - INCOME TAX IN THE MEMBER STATE OF RESIDENCE - EXEMPTION OF OFFICIALS - LIABILITY OF MIGRANT WORKERS - CIRCUMSTANCE NOT JUSTIFYING A DIFFERENCE IN TREATMENT BETWEEN OFFICIALS AND MIGRANT WORKERS

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , ART . 13 , SECOND PARA .)

Summary

1 . IT FOLLOWS FROM DECISION NO 63/266 , ADOPTED ON THE BASIS OF ARTICLE 128 OF THE TREATY AND LAYING DOWN GENERAL PRINCIPLES FOR IMPLEMENTING A COMMON VOCATIONAL TRAINING POLICY , THAT ALTHOUGH EDUCATIONAL AND VOCATIONAL TRAINING POLICY IS NOT AS SUCH PART OF THE AREAS WHICH THE TREATY HAS ALLOTTED TO THE COMPETENCE OF THE COMMUNITY INSTITUTIONS , THE OPPORTUNITY FOR SUCH KINDS OF INSTRUCTION FALLS WITHIN THE SCOPE OF THE TREATY .

2.IF A MEMBER STATE ORGANIZES EDUCATIONAL COURSES RELATING IN PARTICULAR TO VOCATIONAL TRAINING , TO REQUIRE OF A NATIONAL OF ANOTHER MEMBER STATE LAWFULLY ESTABLISHED IN THE FIRST MEMBER STATE AN ADDITIONAL ENROLMENT FEE WHICH IS NOT REQUIRED OF ITS OWN NATIONALS IN ORDER TO TAKE PART IN SUCH COURSES CONSTITUTES DISCRIMINATION BY REASON OF NATIONALITY , WHICH IS PROHIBITED BY ARTICLE 7 OF THE TREATY .

3.ALTHOUGH UNDER THE SECOND PARAGRAPH OF ARTICLE 13 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES AN OFFICIAL OF THE COMMUNITIES , WHO IS BOUND NORMALLY TO RESIDE IN THE PLACE IN WHICH HE IS EMPLOYED , IS EXEMPT FROM NATIONAL TAXES ON SALARIES , WAGES AND EMOLUMENTS PAID BY THE COMMUNITIES , HE IS LIABLE ON THE OTHER HAND , UNDER THE FIRST PARAGRAPH OF THE SAME ARTICLE , TO A TAX FOR THE BENEFIT OF THE COMMUNITIES ON SALARIES , WAGES AND EMOLUMENTS FROM WHICH THE HOST MEMBER STATE , AS A MEMBER OF THE COMMUNITIES , BENEFITS INDIRECTLY . THE FACT THAT HE DOES NOT PAY A TAX ON HIS SALARY TO THE NATIONAL TREASURY IS THEREFORE NOT A VALID REASON FOR DIFFERENTIATING THE CASE OF THE OFFICIAL AND HIS FAMILY FROM THAT OF THE MIGRANT WORKER WHOSE INCOME IS LIABLE TO TAXATION BY THE STATE IN WHICH HE RESIDES .
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Keywords

AGRICULTURE - COMMON ORGANIZATION OF MARKETS - NATIONAL MEASURES - TEMPORARY INCREASE IN LAND TAX ON AGRICULTURAL PROPERTY - PERMISSIBILITY - LIMITS - EFFECT ON PRICE FORMATION - CHANGE IN STRUCTURE OF AGRICULTURAL HOLDINGS - DECISION FOR NATIONAL COURT

( EEC TREATY , ART . 39 )

Summary

A TEMPORARY INCREASE IN THE LAND TAX IN RESPECT OF AGRICULTURAL PROPERTY WHICH IS INTENDED TO APPROPRIATE TO THE NATIONAL TREASURY , IN THE FRAMEWORK OF A GENERAL PROGRAMME FOR THE ECONOMY AFFECTING MOST SECTORS OF THE POPULATION , A CONSIDERABLE PORTION OF THE INCREASE IN AGRICULTURAL INCOME RESULTING FROM THE CHANGE IN THE RATE OF EXCHANGE USED FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY IS NOT IN ITSELF INCOMPATIBLE EITHER WITH THE PROVISIONS OF THE EEC TREATY ON THE COMMON AGRICULTURAL POLICY OR WITH THE PROVISIONS ON THE COMMON ORGANIZATION OF THE MARKETS , EVEN IF THE INTRODUCTION OF THE TAX IS CLOSELY LINKED TO THAT CHANGE IN THE RATE OF EXCHANGE .

SUCH INCOMPATIBILITY WOULD , HOWEVER , EXIST TO THE EXTENT TO WHICH THE INCREASE IN THE LAND TAX HAD THE EFFECT IN PARTICULAR , AS A RESULT OF ITS INFLUENCE IN PRICE FORMATION OR THROUGH THE CHANGE IN THE STRUCTURE OF AGRICULTURAL HOLDINGS WHICH MIGHT RESULT THEREFROM , OF IMPEDING THE FUNCTIONING OF THE MACHINERY PROVIDED FOR UNDER THE COMMON ORGAN- IZATION OF THE MARKETS .

IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER , AND IF SO TO WHAT EXTENT , THE TAX OF WHICH IT IS REQUIRED TO TAKE COGNIZANCE DID IN FACT HAVE SUCH EFFECTS .
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1 . COMMON COMMERCIAL POLICY - PROTECTIVE MEASURES AGAINST SUBSIDIZATION PRACTICES ON THE PART OF NON-MEMBER COUNTRIES - COMMISSION ' S DISCRETION

( COUNCIL REGULATION NO 3017/79 )

2 . COMMON COMMERCIAL POLICY - PROTECTIVE MEASURES AGAINST SUBSIDIZATION PRACTICES ON THE PART OF NON-MEMBER COUNTRIES - LEGITIMATE INTEREST OF COMMUNITY UNDERTAKINGS IN THE INITIATION OF PROTECTIVE ACTION BY THE COMMUNITY - REQUEST BY COMMUNITY UNDERTAKINGS FOR THE INITIATION OF SUCH ACTION - REFUSAL BY THE COMMISSION TO GRANT REQUEST - RIGHT TO BRING AN ACTION ON THE PART OF UNDERTAKINGS MAKING THE REQUEST - SCOPE

( COUNCIL REGULATION NO 3017/79 , ART . 5 )

Summary

1 . WHILST IT IS TRUE THAT THE COMMISSION , WHEN EXERCISING THE POWERS ASSIGNED TO IT IN REGULATION NO 3017/79 , IS UNDER A DUTY TO ESTABLISH OBJECTIVELY THE FACTS CONCERNING THE EXISTENCE OF SUBSIDIZATION PRACTICES ON THE PART OF COUNTRIES WHICH ARE NOT MEMBERS OF THE EEC AND OF INJURY CAUSED THEREBY TO COMMUNITY UNDERTAKINGS , IT IS NO LESS TRUE THAT IT HAS A VERY WIDE DISCRETION TO DECIDE , IN TERMS OF THE INTERESTS OF THE COMMUNITY , ANY MEASURES NEEDED TO DEAL WITH THE SITUATION WHICH IT HAS ESTABLISHED .

2.REGULATION NO 3017/79 ACKNOWLEDGES THAT UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS INJURED BY SUBSIDIZATION PRACTICES ON THE PART OF NON-MEMBER COUNTRIES HAVE A LEGITIMATE INTEREST IN THE INITIATION OF PROTECTIVE ACTION BY THE COMMUNITY .

IT FOLLOWS THAT UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS IN THE COMMUNITY , WHICH HAVE MADE AN APPLICATION TO THE COMMISSION UNDER ARTICLE 5 OF THE SAID REGULATION FOR THE INITIATION OF AN ANTI-SUBSIDY PROCEEDING , MAY NOT BE REFUSED THE RIGHT TO PUT BEFORE THE COURT ANY MATTERS WHICH WOULD FACILITATE A REVIEW AS TO WHETHER THE COMMISSION HAS OBSERVED THE PROCEDURAL GUARANTEES GRANTED TO COMPLAINANTS BY REGU LATION NO 3017/79 AND WHETHER OR NOT IT HAS COMMITTED MANIFEST ERRORS IN ITS ASSESSMENT OF THE FACTS , HAS OMITTED TO TAKE INTO CONSIDERATION ANY ESSENTIAL MATTERS OF SUCH A NATURE AS TO GIVE RISE TO A BELIEF THAT SUBSIDIZATION IS TAKING PLACE OR HAS INCLUDED IN THE REASONS ON WHICH ITS DECISION IS BASED CONSIDERATIONS AMOUNTING TO A MISUSE OF POWERS .
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - OBJECT - PRIMACY OVER DOMESTIC LAW

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - REVIEW OF JURISDICTION AND OF ADMISSIBILITY - EXCLUSIVE JURISDICTION OF THE COURTS OF A CONTRACTING STATE - OBLIGATION ON A COURT IN ANOTHER CONTRACTING STATE TO DECLARE OF ITS OWN MOTION THAT IT HAS NO JURISDICTION - SCOPE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS 16 AND 19 )

3 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - EXCLUSIVE JURISDICTION - PROCEEDINGS ' ' CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS ' ' - MEANING - INDEPENDENT INTERPRETATION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 16 ( 4 ))

4 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - EXCLUSIVE JURISDICTION - PROCEEDINGS ' ' CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS ' ' - MEANING - LIMITS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 16 ( 4 ))

Summary

1 . THE CONVENTION OF 27 SEPTEMBER 1968 , WHICH SEEKS TO DETERMINE THE JURISDICTION OF THE COURTS OF THE CONTRACTING STATES IN CIVIL MATTERS , MUST OVERRIDE NATIONAL PROVISIONS WHICH ARE INCOMPATIBLE WITH IT .

2 . ARTICLE 19 OF THE CONVENTION OF 27 SEPTEMBER 1968 REQUIRES THE NATIONAL COURT TO DECLARE OF ITS OWN MOTION THAT IT HAS NO JURISDICTION WHENEVER IT FINDS THAT A COURT OF ANOTHER CONTRACTING STATE HAS EXCLUSIVE JURISDICTION UNDER ARTICLE 16 OF THE CONVENTION , EVEN IN AN APPEAL IN CASSATION WHERE THE NATIONAL RULES OF PROCEDURE LIMIT THE COURT ' S REVIEWAL TO THE GROUNDS RAISED BY THE PARTIES .

3 . THE TERM ' ' PROCEEDINGS CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS ' ' CONTAINED IN ARTICLE 16 ( 4 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE REGARDED AS AN INDEPENDENT CONCEPT INTENDED TO HAVE UNIFORM APPLICATION IN ALL THE CONTRACTING STATES .

4 . THE TERM ' ' PROCEEDINGS CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS ' ' DOES NOT INCLUDE A DISPUTE BETWEEN AN EMPLOYEE FOR WHOSE INVENTION A PATENT HAS BEEN APPLIED FOR OR OBTAINED AND HIS EMPLOYER , WHERE THE DISPUTE RELATES TO THEIR RESPECTIVE RIGHTS IN THAT PATENT ARISING OUT OF THE CONTRACT OF EMPLOYMENT .
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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL A TREATY OBLIGATION - SCOPE OF THE ACTION - DELIMITATION DURING THE PRELIMINARY PROCEDURE - SUBSEQUENT EXTENSION - NOT PERMITTED

( EEC TREATY , ART . 169 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - PRODUCER PRICE FOR MILK - UNILATERAL FIXING BY A MEMBER STATE - INCOMPATIBILITY WITH COMMUNITY LEGISLATION

( REGULATION NO 804/68 OF THE COUNCIL , ART . 3 )

Summary

1 . THE SCOPE OF AN ACTION BROUGHT UNDER ARTICLE 169 OF THE TREATY IS DELIMITED BOTH BY THE PRELIMINARY ADMINISTRATIVE PROCEDURE PROVIDED FOR BY THAT ARTICLE AND BY THE CONCLUSIONS SET OUT IN THE APPLICATION . NO EXTENSION OF THE SCOPE OF THE ACTION IS PERMITTED SUBSEQUENT TO THE REASONED OPINION SINCE THE REASONED OPINION AND THE APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .

2 . ANY NATIONAL LEGISLATION DESIGNED TO PROMOTE AND ENCOURAGE , BY ANY METHOD , THE ESTABLISHMENT OF A UNIFORM PRODUCER PRICE FOR MILK , BY AGREEMENT OR BY THE AUTHORITIES , AT THE NATIONAL OR REGIONAL LEVEL IS , BY ITS NATURE , OUTSIDE THE BOUNDS OF THE POWERS GIVEN TO MEMBER STATES AND RUNS CONTRARY TO THE PRINCIPLE ESTABLISHED BY REGULATION NO 804/68 , IN PARTICULAR ARTICLE 3 THEREOF , OF ATTAINING A TARGET PRODUCER PRICE FOR MILK SOLD BY COMMUNITY PRODUCERS .
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1 . ACTION FOR ANNULMENT - JUDGMENT ANNULLING A MEASURE - EFFECTS - ADOPTION OF MEASURES OF COMPLIANCE - REASONABLE TIME

( ECSC TREATY , ART . 34 ; EEC TREATY , ART . 176 )

2.OFFICIALS - ASSIGNMENT - STATEMENT OF REASONS - DUTY - SCOPE

Summary

1 . IT IS NOT NORMALLY POSSIBLE TO COMPLY IMMEDIATELY WITH A JUDGMENT ANNULLING A MEASURE , SINCE IT REQUIRES THE ADOPTION OF A NUMBER OF ADMINISTRATIVE MEASURES . THE SECOND PARAGRAPH OF ARTICLE 34 OF THE EEC TREATY HAS TAKEN ACCOUNT OF THOSE CIRCUMSTANCES BY EXPRESSLY ALLOWING THE HIGH AUTHORITY ' ' A REASONABLE TIME ' ' TO TAKE ' ' THE NECESSARY STEPS TO COMPLY WITH THE JUDGMENT ' ' . THE REASONS BEHIND THE SECOND PARAGRAPH OF ARTICLE 34 OF THE ECSC TREATY CONSTITUTE GROUNDS FOR ACCEPTING THAT THE COMMISSION ALSO HAS A ' ' REASON ABLE TIME ' ' TO COMPLY WITH A JUDGMENT ANNULLING A DECISION TAKEN UNDER THE EEC TREATY EVEN IN THE ABSENCE OF AN EXPRESS PROVISION IN THE TREATY WITH REGARD THERETO .

2.A DECISION ASSIGNING AN OFFICIAL TO A GIVEN POST SATISFIES THE REQUIREMENT TO STATE THE REASONS ON WHICH IT IS BASED WHEN IT MENTIONS THE REASONS FOR THE ASSIGNMENT WITHOUT ITS BEING NECESSARY TO STATE WHY THE OFFICIAL WAS NOT ASSIGNED TO ANOTHER POST OR KEPT IN HIS PREVIOUS POST .
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1 . AGRICULTURE - PROVISIONS OF THE TREATY - ARTICLE 46 - APPLICABILITY AFTER THE TRANSITIONAL PERIOD

( EEC TREATY , ART . 46 )

2 . AGRICULTURE - COUNTERVAILING CHARGE ON PRODUCTS NOT COVERED BY A COMMON ORGANIZATION - PURPOSE - NOT A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY

( EEC TREATY , ART . 46 )

Summary

1 . ARTICLE 46 MAY BE APPLIED AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD TO PRODUCTS WHICH HAVE NOT YET BEEN MADE SUBJECT TO A COMMON ORGANIZATION OF THE MARKET .

2 . ALTHOUGH A COUNTERVAILING CHARGE INTRODUCED IN PURSUANCE OF ARTICLE 46 OF THE TREATY APPEARS TO BE AN IMPEDIMENT TO INTRA-COMMUNITY TRADE , IT CANNOT BE COMPARED TO A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY . IT IS A CHARGE IMPOSED IN THE GENERAL INTEREST , THE AMOUNT OF WHICH IS FIXED BY THE COMMISSION AND NOT UNILATERALLY BY A MEMBER STATE . IT ENABLES PRODUCTS FROM STATES WHERE AIDS ARE GRANTED TO BE EXPORTED TO OTHER MEMBER STATES WITHOUT DISTURBING THEIR MARKETS AND THUS PREVENTS ARTIFICIAL DIFFERENCES BETWEEN PRICES IN THE EXPORTING MEMBER STATE AND THOSE IN THE IMPORTING MEMBER STATE , RESULTING FROM DISPARITIES IN THE NATIONAL MARKETS BEFORE THE ESTABLISHMENT OF A COMMON ORGANIZATION , FROM CREATING IMBALANCES IN TRADE .
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COMPETITION - AGREEMENTS - EFFECT ON TRADE BETWEEN MEMBER STATES - AGREEMENT COVERING THE MARKET OF ONLY ONE MEMBER STATE BUT CONCERNING A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE

( EEC TREATY , ART . 85 ( 1 ))

Summary

EVEN WHERE THERE IS NO PARTITIONING OF MARKETS AN AGREEMENT CONCLUDED BETWEEN UNDERTAKINGS ESTABLISHED IN A MEMBER STATE AND COVERING ONLY THE MARKET OF THAT STATE AFFECTS TRADE BETWEEN MEMBER STATES , WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY , IF IT CONCERNS , EVEN PARTLY , A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE , EVEN WHERE THE PARTIES TO THE AGREEMENT OBTAIN THE PRODUCT FROM A COMPANY BELONGING TO THEIR OWN GROUP .
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OFFICIALS - ACTIONS - DECISION WHICH IS NO LONGER OPEN TO CHALLENGE - ADMISSIBILITY - CONDITION - IMPORTANT NEW FACT

( STAFF REGULATIONS , ARTS 90 AND 91 )

Summary

THE APPOINTING AUTHORITY IS NOT REQUIRED , UNLESS IMPORTANT NEW FACTS ARISE , TO

RECONSIDER A DECISION WHICH IS NO LONGER OPEN TO CHALLENGE .
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1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CHARGES FOR HEALTH CONTROLS ON PRODUCTS IMPORTED FROM OTHER MEMBER STATES - LEVYING AUTHORIZED BY COMMUNITY PROVISIONS - COMPATIBILITY WITH TREATY - CONDITIONS

( EEC TREATY , ARTS 9 , 12 , 13 )

2.FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CHARGES FOR HEALTH CONTROLS ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES - PERMISSIBILITY - CONDITIONS

3.AGRICULTURE - APPROXIMATION OF LAWS REGARDING HEALTH CONTROLS - FRESH MEAT IMPORTED FROM NON-MEMBER COUNTRIES - LEVYING OF A CHARGE COVERING EXPENSES OF HEALTH CONTROLS - PERMISSIBILITY - CONDITIONS

( COUNCIL DIRECTIVE 72/461 , ART . 11 )

Summary

1 . HEALTH INSPECTION CHARGES IMPOSED BY A MEMBER STATE ON PRODUCTS IMPORTED FROM OTHER MEMBER STATES MUST IN PRINCIPLE BE REGARDED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES AND ARE ACCORDINGLY PROHIBITED AS CONSTITUTING AN OBSTACLE TO INTRA- COMMUNITY TRADE . HOWEVER , THAT PROHIBITION LOSES ITS PURPOSE WHERE THE LEVYING OF HEALTH INSPECTION CHARGES IS AUTHORIZED BY COMMUNITY PROVISIONS ADOPTED IN THE INTERESTS OF THE FREE MOVEMENT OF GOODS , IN PARTICULAR IN ORDER TO PERMIT THE CARRYING OUT OF PUBLIC HEALTH INSPECTIONS IN THE STATE OF ORIGIN , VALID FOR THE WHOLE OF THE COMMUNITY , BEFORE THE GOODS ARE DISPATCHED TO OTHER MEMBER STATES . COMMON RULES ON THE LEVYING OF HEALTH INSPECTION CHARGES ARE COMPATIBLE WITH THE RULES OF THE TREATY PROVIDED THAT THE AMOUNT OF THE CHARGES IS SUFFICIENTLY CLOSELY RELATED TO THE ACTUAL COST OF THE INSPECTIONS .

2 . THE HEALTH INSPECTION OF GOODS IMPORTED FROM NON-MEMBER COUNTRIES IS CARRIED OUT IN A DIFFERENT FACTUAL AND LEGAL CONTEXT FROM THE INSPECTION OF GOODS ORIGINATING IN THE COMMUNITY . IN SUCH A CONTEXT THE LEVYING OF HEALTH INSPECTION CHARGES BY THE MEMBER STATES DOES NOT APPEAR TO BE PROHIBITED IN PRINCIPLE , PROVIDED , HOWEVER , THAT THERE IS A SUFFICIENTLY CLOSE CONNECTION BETWEEN THE AMOUNT OF THOSE CHARGES AND THE ACTUAL COST OF THE INSPECTIONS .

3 . ARTICLE 11 OF DIRECTIVE 72/461 ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN FRESH MEAT PERMITS THE LEVYING ON IMPORTS OF FRESH MEAT FROM NON-MEMBER COUNTRIES OF A CHARGE TO COVER THE COST OF ISSUING AN AUTHORIZATION TO IMPORT BASED ON THE NATIONAL LEGISLATION ON HEALTH CON- TROLS , PROVIDED THAT THERE IS A SUFFICIENTLY CLOSE CONNECTION BETWEEN THE AMOUNT OF THE CHARGE LEVIED AND THE COST OF THE CONTROLS .

THE LEGALITY OF THE LEVYING OF A CHARGE FOR HEALTH CONTROLS ON FRESH MEAT IMPORTED FROM NON-MEMBER COUNTRIES CANNOT BE SUBJECT TO THE PROOF OF THE EXISTENCE OF COMPARABLE CHARGES IN ALL THE OTHER MEMBER STATES OF THE COMMUNITY , IF THE AMOUNT OF THE CHARGE CORRESPONDS TO THE COST OF THE CONTROLS .
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1 . AGRICULTURE - AGRICULTURAL PRODUCTS - PRODUCTS LISTED IN ANNEX II TO THE TREATY - CONCEPTS - INTERPRETATION - REFERENCE TO THE COMMON CUSTOMS TARIFF

( EEC TREATY , ANNEX II )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS LISTED IN ANNEX II TO THE TREATY - REGULATION NO 827/68 - SCOPE - WOOL - EXCLUSION

( EEC TREATY , ANNEX II ; REGULATION NO 827/68 OF THE COUNCIL , ART . 1 AND ANNEX )

Summary

1 . SINCE THERE ARE NO COMMUNITY PROVISIONS EXPLAINING THE CONCEPTS CONTAINED IN ANNEX II TO THE TREATY AND THAT ANNEX ADOPTS WORD FOR WORD CERTAIN HEADINGS OF THE COMMON CUSTOMS TARIFF , IT IS APPROPRIATE TO REFER TO ESTABLISHED INTERPRETATIONS AND METHODS OF INTERPRETATION RELATING TO THE COMMON CUSTOMS TARIFF IN ORDER TO INTERPRET THE ANNEX .

2 . THE PHRASE ' ' EX 05.15 B : ANIMAL PRODUCTS NOT ELSEWHERE SPECIFIED OR INCLUDED ' ' APPEARING IN THE ANNEX TO REGULATION NO 827/68 OF THE COUNCIL ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY DOES NOT COVER WOOL .
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1 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - ASSIGNMENT OF STAFF - DISCRETION VESTED IN THE ADMINISTRATION - LIMITS - INTERESTS OF THE SERVICE - COMPLIANCE WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST

2 . OFFICIALS - ACTION - SUBMISSIONS - MISUSE OF POWERS - CONCEPT

3 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - DUTY TO STATE THE REASONS ON WHICH THE DECISION IS BASED - PURPOSE - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

Summary

1 . THE COMMUNITY INSTITUTIONS HAVE A BROAD DISCRETION TO ORGANIZE THEIR DEPARTMENTS TO SUIT THE TASKS ENTRUSTED TO THEM AND TO ASSIGN THE STAFF AVAILABLE TO THEM IN THE LIGHT OF SUCH TASKS , ON CONDITION HOWEVER THAT THE STAFF IS ASSIGNED IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST .

2.A DECISION MAY AMOUNT TO A MISUSE OF POWERS ONLY IF IT APPEARS , ON THE BASIS OF OBJECTIVE , RELEVANT AND CONSISTENT EVIDENCE , TO HAVE BEEN TAKEN FOR PURPOSES OTHER THAN THOSE STATED .

3.SINCE THE PURPOSE OF THE DUTY TO STATE THE REASONS ON WHICH A DECISION IS BASED IS BOTH TO PERMIT THE PERSON CONCERNED TO DETERMINE WHETHER THE DECISION IS DEFECTIVE , MAKING IT POSSIBLE FOR LEGALITY TO BE CHALLENGED , AND TO ENABLE IT TO BE REVIEWED BY THE COURT , IT FOLLOWS THAT THE EXTENT OF THAT DUTY MUST BE DETERMINED ON THE BASIS OF THE PARTICULAR FACTS OF EACH CASE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - APPLICABLE LEGISLATION - DETERMINATION BY AGREEMENT BETWEEN TWO MEMBER STATES - RETROACTIVE EFFECT - PERMISSIBILITY - CONDITION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 17 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - WORKER SUBJECT TO THE LEGISLATION OF ONE MEMBER STATE - MEMBERS OF HIS FAMILY RESIDING IN ANOTHER MEMBER STATE - ENTITLEMENT TO FAMILY ALLOWANCES UNDER THE APPLICABLE LEGISLATION - RESIDENCE CLAUSE CONTAINED IN THAT LEGISLATION - CLAUSE NOT TO BE RELIED ON AS AGAINST WORKER

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 73 ( 1 ))

Summary

1 . ARTICLE 17 OF REGULATION NO 1408/71 MAKES IT POSSIBLE FOR TWO MEMBER STATES , IN THE CASE OF A WORKER WHO FOR A LARGE NUMBER OF YEARS HAS NOT BEEN AFFILIATED TO THE SCHEME OF ONE OF THOSE MEMBER STATES WHICH WAS APPLICABLE TO HIM PURSUANT TO ARTICLES 13 TO 16 INCLUSIVE OF THE SAID REGULATION , BY AGREEMENT TO DECLARE AP PLICABLE , IN RESPECT OF THOSE YEARS , THE LEGISLATION OF THE OTHER MEMBER STATE PROVIDED THAT SUCH AGREEMENT CORRESPONDS TO THE INTERESTS OF THE WORKER CONCERNED .

2.ARTICLE 73 ( 1 ) OF REGULATION NO 1408/71 CREATES , IN FAVOUR OF A WORKER WHO IS SUBJECT TO THE LEGISLATION OF A MEMBER STATE OTHER THAN THE STATE IN WHOSE TERRITORY THE MEMBERS OF HIS FAMILY RESIDE , A REAL ENTITLEMENT TO THE FAMILY ALLOWANCES PROVIDED FOR BY THE APPLICABLE LEGISLATION . THAT ENTITLEMENT CANNOT BE DEFEATED BY THE APPLICATION OF A PROVISION OF THAT LEGISLATION BY VIRTUE OF WHICH PERSONS NOT RESIDING IN THE TERRITORY OF THE MEMBER STATE IN QUESTION ARE NOT TO RECEIVE FAMILY ALLOWANCES .

IN CONNECTION WITH ARTICLE 73 IT IS IRRELEVANT WHETHER THE LEGISLATION TO WHICH THE WORKER IS SUBJECT WAS DETERMINED BY APPLICATION OF ARTICLES 13 TO 16 OF REGULATION NO 1408/71 OR ON THE BASIS OF AN AGREEMENT CONCLUDED PURSUANT TO ARTICLE 17 OF THAT REGULATION .