ddrg/super_eurlex huggingface dataset:
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1 . POLICY OF THE EEC - RULES ON COMPETITION APPLICABLE TO UNDERTAKINGS - REGULATIONS TO BE ADOPTED BY THE COUNCIL - DISCRETIONARY POWERS OF THE LATTER - SCOPE

( EEC TREATY, ARTICLE 87 )

2 . POLICY OF THE EEC - RULES ON COMPETITION APPLICABLE TO UNDERTAKINGS - AGREEMENTS - PROHIBITION - EXEMPTION FOR CATEGORIES OF AGREEMENTS - NO PRE-CONCEIVED JUDGMENT THEREBY PASSED ON THESE AGREEMENTS

( EEC TREATY, ARTICLE 85 )

3 . POLICY OF THE EEC - RULES ON COMPETITION APPLICABLE TO UNDERTAKINGS - ARTICLES 85 AND 86 OF THE EEC TREATY - NO DISTINCTION IN THESE PROVISIONS BASED ON THE LEVELS OF THE UNDERTAKINGS IN THE ECONOMY

4 . POLICY OF THE EEC - RULES OF COMPETITION APPLICABLE TO UNDERTAKINGS - COMPETITION - CONCEPT

( EEC TREATY, ARTICLE 85 )

5 . POLICY OF THE EEC - RULES OF COMPETITION APPLICABLE TO UNDERTAKINGS - EXCLUSIVE DEALING AGREEMENTS - PROHIBITION UNDER ARTICLE 85(1 ) OF THE EEC TREATY POSSIBLE

6 . REGULATIONS OF THE EEC - PLEA OF INAPPLICABILITY - MAY ONLY BE RAISED WHEN THE REGULATION IN QUESTION IS APPLICABLE TO THE ISSUE WITH WHICH THE APPLICATION IS CONCERNED

( EEC TREATY, ARTICLE 184 )

Summary

1 . ON QUESTIONS OF COMPETITION THE COUNCIL OF THE EEC MAY DECIDE WHETHER A PARTICULAR REGULATION IS APPROPRIATE AND ADOPT IT ON THE BASIS OF A SPECIFIC PRINCIPLE CONTAINED IN ARTICLES 85 AND 86 OF THE EEC TREATY . THERE IS NO OBLIGATION ON IT TO DEAL EXHAUSTIVELY WITH ALL THE PRINCIPLES SET OUT IN THESE ARTICLES NOR IS IT REQUIRED TO ADOPT RULES SIMULTANEOUSLY FOR APPLYING THE OTHER PROVISIONS OF THE SAID ARTICLES .

2 . TO DEFINE A CATEGORY OF AGREEMENTS IS ONLY TO MAKE A CLASSIFICATION, AND MEANS ONLY THAT THE AGREEMENTS WHICH COME WITHIN IT MAY BE PROHIBITED BY ARTICLE 85(1 ). THEREFORE TO GRANT EXEMPTIONS UNDER ARTICLE 85(3 ) BY CATEGORIES OF AGREEMENTS CANNOT AMOUNT, EVEN BY IMPLICATION, TO PASSING ANY PRE-CONCEIVED JUDGMENT ON ANY AGREEMENT CONSIDERED INDIVIDUALLY .

3 . NEITHER THE WORDING OF ARTICLE 85 NOR THAT OF ARTICLE 86 JUSTIFIES INTERPRETING EITHER OF THESE ARTICLES WITH REFERENCE TO THE LEVEL IN THE ECONOMY AT WHICH UNDERTAKINGS CARRY ON BUSINESS .

4 . THE COMPETITION MENTIONED IN ARTICLE 85(1 ) MEANS NOT ONLY ANY POSSIBLE COMPETITION BETWEEN THE PARTIES TO THE AGREEMENT, BUT ALSO ANY POSSIBLE COMPETITION BETWEEN ONE OF THEM AND THIRD PARTIES .

5 . EVEN IF IT DOES NOT INVOLVE AN ABUSE OF A DOMINANT POSITION, AN EXCLUSIVE DEALING AGREEMENT MAY AFFECT TRADE BETWEEN MEMBER STATES AND AT THE SAME TIME HAVE AS ITS OBJECT OR EFFECT THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION, AND THUS FALL UNDER THE PROHIBITION IN ARTICLE 85(1 ).

6 . THE INTENTION OF ARTICLE 184 OF THE EEC TREATY IS NOT TO ALLOW A PARTY TO CONTEST AT WILL THE APPLICABILITY OF ANY REGULATIONS IN SUPPORT OF ANY APPLICATION . THE REGULATION OF WHICH THE LEGALITY IS CALLED IN QUESTION MUST BE APPLICABLE, DIRECTLY OR INDIRECTLY, TO THE ISSUE WITH WHICH THE APPLICATION IS CONCERNED .
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1 . INFORMATION - CHECKING - CHECKS CARRIED OUT BY PRIVATE INSPECTORS - SELECTION OF INSPECTORS - METHOD OF SELECTION - FREE DISCRETION OF HIGH AUTHORITY - JUDICIAL REVIEW LIMITED TO THE RESULTS OF THE CHECKING

( ECSC TREATY, ARTICLE 47 )

2 . COMMON FINANCIAL ARRANGEMENTS - STATEMENTS OF ACCOUNT - PROVISIONAL NATURE

( ECSC TREATY, ARTICLE 53 )

3 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - STATEMENT OF THE REASONS UPON WHICH THE GENERAL DECISIONS RELATING THERETO ARE BASED

4 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - INFORMATION FROM THE UNDERTAKINGS SUBJECT TO THE SCHEME - DUTY OF THE HIGH AUTHORITY - SCOPE

( ECSC TREATY, ARTICLES 47 AND 53 )

Summary

1 . THE CHECKS CARRIED OUT BY THE HIGH AUTHORITY PURSUANT TO ARTICLE 47 OF THE TREATY THROUGH PRIVATE AUDITING COMPANIES ARE NOT A DELEGATION BY IT OF ITS POWERS BUT THE EXERCISE BY IT OF ITS OWN POWERS BY MAKING USE OF THE INFORMATION WHICH IT HAS OBTAINED ON ITS OWN RESPONSIBILITY . IT FOLLOWS THAT AN UNDERTAKING SUBJECT TO INVESTIGATION CANNOT DISPUTE THE PROCEDURES ADOPTED FOR THE SELECTION OF THOSE APPOINTED TO CARRY OUT THE INVESTIGATION BUT CAN ONLY CHALLENGE THE RESULTS BY ADDUCING EVIDENCE THAT THEY ARE INCORRECT .

CF . PARA . 5, SUMMARY IN JUDGMENT IN CASE 18/62, ( 1963 ) ECR 533 .

2 . AS THE STATEMENTS OF ACCOUNT RELATING TO EQUALIZATION REFLECT THE STAGE REACHED IN THE INVESTIGATIONS AND CHECKS BEING CARRIED OUT, THEY ARE ONLY PROVISIONAL .

CF . PARA . 4, SUMMARY IN JUDGMENT IN CASE 108/63 ( 1965 ) ECR 2 .

3 . THE REQUIREMENT THAT THE REASONS UPON WHICH GENERAL DECISIONS RELATING TO EQUALIZATION ARE BASED MUST BE STATED DOES NOT INCLUDE AN OBLIGATION TO REPRODUCE IN DETAIL ALL THE RESULTS OF THE CHECKS .

4 . WHEN ESTABLISHING AN EQUALIZATION THE HIGH AUTHORITY IS ONLY OBLIGED TO INFORM THE UNDERTAKINGS SUBJECT THERETO OF THE RATE OF CONTRIBUTION AND THE EQUALIZATION PRICE, FACTORS WHICH ARE NECESSARY TO ENABLE THEM TO FIX THEIR SALE PRICES . THE HIGH AUTHORITY IS NOT OBLIGED TO MAKE KNOWN TO THE UNDERTAKINGS SUBJECT TO THE SCHEME THE OTHER FACTORS RELATING TO THE EQUALIZATION CALCULATIONS .
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1 . OFFICIALS - INTEGRATION - ESTABLISHMENT BOARD - DUTIES - COMPOSITION

( EAEC STAFF REGULATIONS OF OFFICIALS, ARTICLE 102 )

2 . OFFICIALS - ABILITY, EFFICIENCY AND CONDUCT - ASSESSMENT NOT INFLUENCED BY SERVICES RENDERED IN THE SPHERE OF STAFF REPRESENTATION

( EAEC STAFF REGULATIONS OF OFFICIALS, ANNEX II, THIRD PARAGRAPH OF ARTICLE 1(3 ))

Summary

1 . EVEN IN THE EVENT OF THE REOPENING OF THE INTEGRATION PROCEDURE IT IS UNNECESSARY TO MODIFY THE COMPOSITION OF THE ESTABLISHMENT BOARD . ON THE ONE HAND, THE DUTY OF THIS BOARD IS NOT TO TAKE PENAL OR DISCIPLINARY MEASURES, BUT RATHER TO ASSESS THE ABILITY, EFFICIENCY AND CONDUCT OF AN OFFICIAL IN RELATION TO THE PERFORMANCE OF THE DUTIES OF A GIVEN OFFICIAL POST . ON THE OTHER HAND ONLY A SINGLE ESTABLISHMENT BOARD IS ABLE, THROUGH PROLONGED EXPERIENCE, TO DEVELOP HOMOGENEOUS CRITERIA OF ASSESSMENT AND, IF NECESSARY, TO BALANCE DISCRIMINATORY OR DIVERGENT OPINIONS EXPRESSED BY SUPERIOR OFFICERS ON THE OFFICIALS CONCERNED .

CF . PARAGRAPHS 1 AND 2, SUMMARY, CASE 87/63 ( 1964 ) ECR 469 .

2 . THE VALUE OF THE SERVICES RENDERED BY AN OFFICIAL IN THE SPHERE OF STAFF REPRESENTATION MUST NOT INFLUENCE THE ASSESSMENT OF THE ABILITY, EFFICIENCY AND CONDUCT OF THAT OFFICIAL IN RELATION TO THE PERFORMANCE OF THE DUTIES INVOLVED IN A GIVEN POST PROVIDED FOR IN THE BUDGET . THE ADMINISTRATION IS REQUIRED ONLY TO CONSIDER THE VOLUME OF THE WORK PERFORMED FOR THE STAFF COMMITTEE BY THE OFFICIAL CONCERNED AND TO ESTABLISH WHAT EFFECT THE TIME SPENT ON WORK AS STAFF REPRESENTATIVE HAS HAD ON THE TIME DEVOTED TO THE PERFORMANCE OF HIS OFFICIAL DUTIES .
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OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL THROUGH OFFICIAL CHANNELS MADE AFTER THE EXPIRY OF THE PERIOD FOR APPEAL TO THE COURT - TIME-LIMIT FOR APPEAL TO THE COURT NOT RETAINED

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLES 90 AND 91 )

Summary

CF . PARAGRAPH 1, SUMMARY, JOINED CASES 27 AND 30/64, ( 1965 ) ECR 481 .

IT APPEARS FROM ARTICLES 90 AND 91 OF THE STAFF REGULATIONS, READ TOGETHER, THAT APPEALS THROUGH OFFICIAL CHANNELS ARE SUBJECT TO THE SAME TIME - LIMITS AS APPLIES TO APPEALS TO THE COURT OF JUSTICE, PROVIDED THAT THEY WERE THEMSELVES INSTITUTED WITHIN THE TIME LAID DOWN FOR APPEALS TO THE COURT . IN THE CASE OF A REJECTION OF AN APPEAL THROUGH OFFICIAL CHANNELS, THE DATE ON WHICH THE APPLICANT BECOMES AWARE OF THIS REJECTION CONSTITUTES THE TERMINATION OF THE ADMINISTRATIVE PROCEDURE AND MARKS THE DATE FROM WHICH TIME BEGINS TO RUN IN RESPECT OF THE TIME LIMIT FOR LODGING AN APPEAL TO THE COURT .

*/ 664J0027 /*.
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1 . EEC OFFICIALS - PRIVILEGES AND IMMUNITIES - EXEMPTION FROM NATIONAL TAXES AND LEVYING OF A COMMUNITY TAX - COMPLEMENTARY NATURE OF THE PROVISIONS RELATING THERETO - SCOPE OF THE EXEMPTION FROM NATIONAL TAXES

( PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE EEC, ARTICLE 12 )

2 . EEC OFFICIALS - PRIVILEGES AND IMMUNITIES - CHARGE OR DUE REPRESENTING THE CONSIDERATION FOR A SERVICE RENDERED BY PUBLIC AUTHORITIES - EXEMPTION NOT JUSTIFIED

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EEC, ARTICLE 12 )

Summary

1 . IT IS AS A RESULT OF THE FIRST PARAGRAPH OF ARTICLE 12 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EEC, WHICH PROVIDES FOR THE PAYMENT OF A TAX ON SALARIES, WAGES AND EMOLUMENTS OF OFFICIALS AND OTHER SERVANTS OF THE COMMUNITY FOR THE BENEFIT OF THE COMMUNITY, THAT THE SECOND PARAGRAPH OF ARTICLE 12 EXEMPTS SALARIES, WAGES AND EMOLUMENTS FROM NATIONAL TAXES, SO THAT ARTICLE 12 TAKEN AS A WHOLE ENSURES A UNIFORM TREATMENT OF THE SAID SALARIES, WAGES AND EMOLUMENTS FOR ALL THE OFFICIALS AND SERVANTS OF THE COMMUNITY, PREVENTING, FIRST AND CHIEFLY, THEIR EFFECTIVE REMUNERATION FROM DIFFERING ACCORDING TO THEIR NATIONALITY OR FISCAL DOMICILE AS A RESULT OF THE ASSESSMENT OF DIFFERENT NATIONAL TAXES, AND SECONDLY PREVENTING THIS REMUNERATION FROM BEING INORDINATELY TAXED AS A RESULT OF DOUBLE TAXATION . IT APPEARS FROM THIS CONTEXT THAT THE SECOND PARAGRAPH OF ARTICLE 12 REFERS, LIKE THE FIRST PARAGRAPH, TO NATIONAL TAXES ON SALARIES, NO MATTER WHAT FORM SUCH TAXES TAKE OR WHATEVER THEY ARE CALLED .

CF . PARAGRAPH 6, SUMMARY, CASE 6/60, ( 1960 ) ECR 1129 .

2 . A CHARGE OR DUE REPRESENTING THE CONSIDERATION FOR A GIVEN SERVICE RENDERED BY THE PUBLIC AUTHORITIES IS NOT A TAX WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 12 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE COMMUNITY ANNEXED TO THE EEC TREATY, EVEN IF THIS CHARGE OR DUE IS CALCULATED ON THE BASIS OF THE SALARY PAID BY THE COMMUNITY TO THE PERSON LIABLE .
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FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD - AGE AND DEATH ( PENSIONS ) INSURANCE - PENSION RIGHTS RELATING TO ACTUAL INSURANCE PERIODS ASSIMILATED BY VIRTUE OF THE LEGISLATION OF DIFFERENT MEMBER STATES - CALCULATION OF BENEFITS ON THE BASIS OF DIFFERENT UNITS OF COMPUTATION IN EACH STATE - CONVERSION INTO A UNIFORM UNIT FOR THE PRO RATA CALCULATION

Summary

WHEN PERIODS ASSIMILATED TO INSURANCE PERIODS UNDER THE LEGISLATION OF ONE MEMBER STATE OVERLAP INSURANCE PERIODS ACTUALLY COMPLETED IN ANOTHER STATE AND GIVING A RIGHT IN THAT STATE TO A PENSION, AND WHEN THE UNITS OF TIME ADOPTED BY THE LEGISLATION OF THESE STATES ARE DIFFERENT, IT IS NECESSARY, AS REGARDS BOTH THE DENOMINATOR AND THE NUMERATOR OF THE FRACTION FOR PRO RATA CALCULATIONS, TO CONVERT THESE UNITS INTO THE SMALLEST OF THE UNITS OF TIME ADOPTED BY THE STATES CONCERNED WHEN THIS SMALLEST UNIT IS A FRACTION OF THE OTHER, OR, IN DEFAULT THEREOF, TO CONVERT THESE UNITS INTO A COMMON MULTIPLE .
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1 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - IMPORTS FROM THIRD COUNTRIES - INAPPLICABILITY OF ARTICLE 95 OF THE EEC TREATY

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF THE MARKETS - TURNOVER EQUALIZATION TAX - NOT A CHARGE HAVING AN EFFECT EQUIVALENT TO THAT OF CUSTOM DUTIES

( REGULATION NO 19 OF THE COUNCIL OF THE EEC ON THE PROGRESSIVE ESTABLISHMENT OF THE MARKET IN CEREALS, ARTICLE 20(1 ))

Summary

1 . SINCE THE PROVISIONS OF ARTICLE 95 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY RELATE ONLY TO PRODUCTS ORIGINATING IN MEMBER STATES, THEY CANNOT BE APPLIED TO IMPORTS FROM A THIRD COUNTRY .

2 . A TAX WHICH IS LEVIED WITHIN THE FRAMEWORK OF TURNOVER TAX LEGISLATION AND IS DESIGNED TO PLACE ALL CATEGORIES OF PRODUCTS, WHATEVER THEIR ORIGIN, IN A COMPARABLE FISCAL SITUATION DOES NOT, IN THE ABSENCE OF ANY PROTECTIVE INTENTION, CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLE 20(1 ) OF REGULATION NO 19 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN CEREALS .

CF . PARAGRAPH 1, SUMMARY, CASE 7/67 .

CF . PARAGRAPH 5, SUMMARY, CASE 57/65, ( 1966 ) ECR 295 .
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MEASURES ADOPTED BY AN INSTITUTION - REGULATION - CONCEPT

( EEC TREATY, ARTICLE 189 )

Summary

A MEASURE WHICH IS APPLICABLE TO OBJECTIVELY DETERMINED SITUATIONS AND WHICH INVOLVES LEGAL CONSEQUENCES FOR CATEGORIES OF PERSONS VIEWED IN A GENERAL AND ABSTRACT MANNER CONSTITUTES A REGULATION .

CF . PARAGRAPH 3, SUMMARY, JOINED CASES 16 AND 17/62, ( 1962 ) ECR 471 .

A MEASURE WHICH ABROGATES A PROVISION OF GENERAL APPLICATION OR PLACES A TIME-LIMIT ON ITS APPLICABILITY PARTAKES OF THE GENERAL NATURE OF THE LATTER PROVISION .

CF . PARAGRAPH 2, SUMMARY, JOINED CASES 36 TO 38, 40 AND 41/58, ( 1958-1959 ) ECR 335 .

A MEASURE DOES NOT LOSE ITS CHARACTER AS A REGULATION SIMPLY BECAUSE IT MAY BE POSSIBLE TO ASCERTAIN WITH A GREATER OR LESSER DEGREE OF ACCURACY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHICH IT APPLIES AT ANY GIVEN TIME AS LONG AS THERE IS NO DOUBT THAT THE MEASURE IS APPLICABLE AS THE RESULT OF AN OBJECTIVE SITUATION OF LAW OR OF FACT WHICH IT SPECIFIES AND WHICH IS IN HARMONY WITH ITS ULTIMATE OBJECTIVE .

THE FACT THAT A LEGAL PROVISION MAY HAVE DIFFERENT PRACTICAL EFFECTS ON THE DIFFERENT PERSONS TO WHOM IT APPLIES IN NO WAY CONTRADICTS ITS NATURE AS A REGULATION PROVIDED THAT THE SITUATION TO WHICH IT REFERS IS OBJECTIVELY DETERMINED .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL THROUGH OFFICIAL CHANNELS LODGED WITHIN THE PERIOD FOR APPEALING TO THE COURT - TIME-LIMIT FOR APPEALING TO THE COURT PRESERVED

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLES 90 AND 91 )

2 . OFFICIALS - GENERAL IMPLEMENTING PROVISIONS LAID DOWN BY THE ADMINISTRATION - GENERAL EXAMINATION BY THE COURT - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLE 91 )

3 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL - SUBJECT-MATTER - INSUFFICIENT PRECISION - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLE 91 )

Summary

1 . AN APPEAL THROUGH OFFICIAL CHANNELS INTERRUPTS THE PERIOD FOR MAKING AN APPEAL TO THE COURT OF JUSTICE, PROVIDED THAT IT WAS LODGED WITHIN THE PERIOD FOR MAKING AN APPEAL TO THE COURT AND DEALS WITH SUBSTANTIALLY THE SAME COMPLAINTS .

2 . THE QUESTION WHETHER DECISIONS ASSOCIATED WITH THE DECISION WHICH IS THE SUBJECT-MATTER OF AN APPLICATION AFFECT THE APPLICANT ADVERSELY CAN ONLY BE EXAMINED IN THE CONTEXT OF AN APPLICATION PROPERLY MADE AGAINST THOSE MEASURES .

3 . IN ORDER TO PROTECT THE RIGHTS OF THE DEFENCE AND OF THIRD PARTIES CONCERNED, AN APPLICATION WHICH DOES NOT DEFINE PRECISELY THE MEASURES ALLEGEDLY AFFECTING THE APPLICANT IS TO BE REGARDED AS INADMISSIBLE .
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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT OF JUSTICE - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . POLICY OF THE EEC - RULES ON COMPETITION BETWEEN UNDERTAKINGS - AGREEMENTS WHICH MAY AFFECT TRADE BETWEEN MEMBER STATE - CONCEPT

( EEC TREATY, ARTICLE 85 )

3 . POLICY OF THE EEC - RULES ON COMPETITION BETWEEN UNDERTAKINGS - EXCLUSIVE DEALING ARRANGEMENTS WITH ABSOLUTE TERRITORIAL PROTECTION - PROHIBITION - POSSIBILITY OF AVOIDING SUCH PROHIBITION BY REASON OF THE WEAK POSITION OF THE PARTIES CONCERNED ON THE MARKET IN THE PRODUCTS IN QUESTION

( EEC TREATY, ARTICLE 85 )

Summary

1 . THE COURT IS NOT ENTITLED WITHIN THE FRAMEWORK OF ARTICLE 177 TO APPLY THE TREATY TO A PARTICULAR CASE . IT MAY HOWEVER DERIVE FROM THE WORDING OF THE DECISION REFERRING THE MATTER THE QUESTIONS WHICH RELATE EXCLUSIVELY TO THE INTERPRETATION OF THE TREATY .

2 . IF AN AGREEMENT IS TO BE CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES IT MUST BE POSSIBLE TO FORESEE WITH A SUFFICIENT DEGREE OF PROBABILITY ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT THAT THE AGREEMENT IN QUESTION 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 REALIZATION OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES .

3 . AN EXCLUSIVE DEALING AGREEMENT, EVEN WITH ABSOLUTE TERRITORIAL PROTECTION, MAY, HAVING REGARD TO THE WEAK POSITION OF THE PERSONS CONCERNED ON THE MARKET IN THE PRODUCTS IN QUESTION IN THE AREA COVERED BY THE ABSOLUTE PROTECTION, ESCAPE THE PROHIBITION LAID DOWN IN ARTICLE 85(1 ).
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1 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL SUCH OBLIGATIONS THROUGH FAILURE TO ACT

( EEC TREATY, ARTICLE 169 )

2 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL SUCH OBLIGATIONS - REMEDIES AVAILABLE BEFORE THE NATIONAL COURTS - SUCH REMEDIES WITHOUT PREJUDICE TO THE APPLICATION REFERRED TO IN ARTICLE 169 OF THE EEC TREATY

3 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL SUCH OBLIGATIONS - MALFUNCTIONING OF CERTAIN PUBLIC SERVICES

( EEC TREATY, ARTICLE 169 )

4 . OBLIGATIONS OF THE MEMBER STATES - FAILURE TO FULFIL SUCH OBLIGATIONS - OBSERVATIONS OF THE MEMBER STATES CONCERNED - IN THE NATURE OF AN ESSENTIAL PROCEDURAL REQUIREMENT

( EEC TREATY, ARTICLE 169 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORTS REFUNDS - RIGHTS OF THOSE ENTITLED - OBLIGATIONS OF THE MEMBER STATES

( REGULATION NO 1041/67/EEC OF THE COMMISSION, PREAMBLE )

Summary

1 . A FAILURE TO ACT, LIKE A POSITIVE ACT, MAY CONSTITUTE A FAILURE ON THE PART OF A MEMBER STATE TO FULFIL AN OBLIGATION .

2 . SINCE THE COMMUNITY PROVISIONS IN QUESTION ARE DIRECTLY APPLICABLE, THE EXISTENCE OF REMEDIES AVAILABLE THROUGH THE NATIONAL COURTS CANNOT IN ANY WAY PREJUDICE THE MAKING OF THE APPLICATION REFERRED TO IN ARTICLE 169, SINCE THE TWO PROCEDURES HAVE DIFFERENT OBJECTIVES AND EFFECTS .

3 . WHEN THE APPLICATION IN EACH MEMBER STATE OF DIRECTLY APPLICABLE COMMUNITY REGULATIONS REQUIRES A MODIFICATION OF CERTAIN PUBLIC SERVICES OR OF THE RULES GOVERNING THEM, THE FAILURE OF THE AUTHORITIES CONCERNED TO TAKE THE NECESSARY MEASURES CONSTITUTES A FAILURE WITHIN THE MEANING OF ARTICLE 169 AND CONSEQUENTLY COMES WITHIN THE JURISDICTION OF THE COURT .

4 . EVEN IF THE MEMBER STATE CONCERNED DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF OF THE OPPORTUNITY TO SUBMIT ITS OBSERVATIONS, SUCH AN OPPORTUNITY CONSTITUTES AN ESSENTIAL GUARANTEE REQUIRED BY THE TREATY, AND AMOUNTS TO AN ESSENTIAL PROCEDURAL REQUIREMENT IN PROCEEDINGS RELATING TO THE FINDING OF A FAILURE ON THE PART OF A MEMBER STATE .

5 . THE ENTRY INTO FORCE ON 1 JULY 1967 OF AN ORGANIZATION OF THE MARKETS IN VARIOUS AGRICULTURAL PRODUCTS WITH A SINGLE PRICE AND UNIFORM LEVIES AND REFUNDS FOR THE ENTIRE COMMUNITY INVOLVES FOR THE EXPORTERS CONCERNED THE RIGHT TO RECEIVE THE SAID REFUNDS AND A DUTY ON THE PART OF THE MEMBER STATES TO ADVANCE THEM .

ALTHOUGH THOSE PROVISIONS, AND ESPECIALLY REGULATION NO 1041/67/EEC, ALLOW THE MEMBER STATES A CERTAIN AREA OF DISCRETION INTER ALIA IN FIXING THE DOCUMENTS WHICH CONSTITUTE PROOF OF THE RIGHT TO THE REFUND, THEY NEVERTHELESS INVOLVE A DUTY FOR THE STATES TO MAKE THE PAYMENT WITHIN A REASONABLE PERIOD IN ORDER TO AVOID TREATING EXPORTERS DIFFERENTLY ACCORDING TO THE FRONTIER OVER WHICH THEIR PRODUCTS ARE EXPORTED .
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FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - NATIONAL LAW AFFORDING PROTECTION AGAINST DISADVANTAGES RESULTING FROM FULFILMENT OF OBLIGATIONS FOR MILITARY SERVICE - APPLICATION TO THE NATIONALS OF OTHER MEMBER STATES .

( EEC TREATY, ARTICLE 48; REGULATION NO 38/64/EEC OF THE COUNCIL, ARTICLE ( 9)1; REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL, ARTICLE 7 )

Summary

A RULE OF NATIONAL LAW PROTECTING WORKERS FROM THE UNFAVOURABLE CONSEQUENCES, AS REGARDS CONDITIONS OF WORK AND EMPLOYMENT IN THE UNDERTAKING, ARISING OUT OF ABSENCE THROUGH OBLIGATIONS FOR MILITARY SERVICE MUST ALSO BE APPLIED TO THE NATIONALS OF OTHER MEMBER STATES EMPLOYED IN THE TERRITORY OF THE STATE IN QUESTION WHO ARE SUBJECT TO MILITARY SERVICE IN THEIR COUNTRY OF ORIGIN .
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TRANSITIONAL PERIOD - GENERAL PROTECTIVE MEASURES - SCOPE - COMMON ORGANISATION OF THE AGRICULTURAL MARKETS - SPECIAL PROTECTIVE MEASURES - POWERS OF THE COMMISSION

( EEC TREATY, ARTICLES 38 ( 2 ) AND 226; REGULATION NO 804/68 OF THE COUNCIL, ARTICLE 21 ( OJ L 148, P . 13 ); REGULATION NO 653/68 OF THE COUNCIL ( OJ L 123, P . 4 ))

Summary

THE PROVISIONS OF ARTICLE 226 ARE APPLICABLE TO AGRICULTURAL PRODUCTS .

THE INSERTION OF SPECIAL SAFEGUARDING CLAUSES IN AGRICULTURAL REGULATIONS DOES NOT AFFECT THE SCOPE OF THAT ARTICLE .

THE COMMISSION RETAINS THE POWER TO AUTHORIZE ON THE BASIS OF ARTICLE 226 THE PROTECTIVE MEASURES NECESSARY TO REMEDY ECONOMIC DIFFICULTIES IN THE AGRICULTURAL SECTOR OF A MEMBER STATE, EVEN IF AN AGRICULTURAL REGULATION PRESCRIBES SPECIFIC MEASURES APPLICABLE TO CASES OF THE SAME NATURE .
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1 . OFFICIALS - SYSTEM OF TEMPORARY POSTING - APPLICATION - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLE 7 )

2 . COMMISSION - INTERNAL ORGANIZATION OF DEPARTMENTS

Summary

1 . THE SYSTEM OF TEMPORARY POSTING MAY ONLY BE APPLIED TO AN OFFICIAL WHO TEMPORARILY OCCUPIES A POST OF A GRADE HIGHER THAN HIS OWN AND THEREBY CARRIES OUT DUTIES WHICH ARE SUBSTANTIALLY DIFFERENT FROM THOSE INVOLVED IN HIS OWN POST .

2 . IT IS FOR THE COMMISSION TO DETERMINE THE INTERNAL ORGANIZATION OF ITS DEPARTMENTS .
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1 . PROCEDURE - CLOSURE OF THE ORAL PROCEDURE - REQUEST TO THE COURT BY ONE PARTY FOR A MEASURE OF INQUIRY - CONDITIONS FOR ADMISSIBILITY

( RULES OF PROCEDURE, ARTICLE 59 ( 2 ))

2 . OFFICIALS - UPGRADING OF POST - CARRYING OUT THE DUTIES OF A SUPERIOR CAREER BRACKET - NO GROUNDS FOR RECLASSIFICATION

Summary

1 . THE APPLICATION FOR A MEASURE OF ENQUIRY MADE BY ONE PARTY AFTER THE CLOSURE OF THE ORAL PROCEDURE MAY ONLY BE GRANTED IF IT RELATES TO FACTS WHICH ARE CAPABLE OF HAVING A DECISIVE INFLUENCE AND WHICH THE PARTY CONCERNED WAS NOT ABLE TO PUT FORWARD BEFORE THE CLOSURE OF THE ORAL PROCEDURE .

2 . THE CARRYING OUT BY AN OFFICIAL OF TASKS WHICH ALSO BELONG TO A POST IN A CAREER BRACKET HIGHER THAN HIS OWN MAY BE ONE FACTOR TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF HIS PROMOTION BUT IS NOT IN ITSELF ENOUGH TO JUSTIFY THE RECLASSIFICATION OF HIS POST .

THIS IS PARTICULARLY SO IN DEPARTMENTS WHERE THE DUTIES ASSIGNED TO SERVANTS IN DIFFERENT GRADES ARE OF A COMPARABLE NATURE AND ARE FOR THIS REASON INTERCHANGEABLE .
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1 . OFFICIALS - PENSION SCHEME - CONTRIBUTIONS TO A SCHEME OUTSIDE THE COMMUNITIES - AUTOMATIC ACQUISITION OF COMMUNITY PENSION RIGHTS - IMPOSSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLE 83 )

2 . OFFICIALS - PENSION SCHEME - CALCULATION OF YEARS OF PENSIONABLE SERVICE - PERIOD OF SERVICE OF THE INDIVIDUAL CONCERNED ON THE AUXILIARY STAFF - CONSIDERATION OF SUCH PERIOD - IMPOSSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX VIII, ARTICLE 3 )

Summary

1 . UNLESS A CLEAR EXCEPTION IS LAID DOWN CONTRIBUTIONS TO A SCHEME OUTSIDE THE COMMUNITIES CANNOT AUTOMATICALLY GIVE RISE TO THE ACQUISITION OF COMMUNITY PENSION RIGHTS .

2 . ARTICLE 3 ( C ) OF ANNEX VIII TO THE STAFF REGULATIONS OF OFFICIALS MUST NOT BE INTERPRETED AS MEANING THAT AN OFFICIAL MAY CLAIM THAT IN CALCULATING THE YEARS OF PENSIONABLE SERVICE ACQUIRED FOR THE PURPOSES OF HIS RETIREMENT PENSION THE INSTITUTION SHALL TAKE INTO ACCOUNT HIS PERIOD OF SERVICE AS A MEMBER OF THE AUXILIARY STAFF OF THE COMMUNITIES .