ddrg/super_eurlex huggingface dataset:
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1 . PRELIMINARY RULINGS - NATIONAL LAW - INTERPRETATION - FACTORS DEPENDING ON COMMUNITY LAW - JURISDICTION OF THE COURT

( EEC TREATY, ARTICLE 177 )

2 . ACTS OF AN INSTITUTION - REGULATIONS - BINDING FORCE - CONDITIONS OF APPLICATION - DETERMINATION - COMPETENT NATIONAL AUTHORITIES - NATURE OF SUCH AUTHORITIES IRRELEVANT

( EEC TREATY, ARTICLE 189 )

3 . FREE MOVEMENT - WORKERS - NATIONALS OF A MEMBER STATE - EMPLOYMENT IN THE TERRITORY OF ANOTHER MEMBER STATE - CHILDREN - EDUCATION - ADMISSION UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE - SCOPE

( REGULATION NO 1612/68 OF THE COUNCIL, ARTICLE 12, FIRST PARAGRAPH )

Summary

1 . ALTHOUGH UNDER THE PRELIMINARY RULINGS PROCEDURE THE COURT CANNOT JUDGE A NATIONAL LAW, IT IS COMPETENT TO SUPPLY THE NATIONAL COURT WITH THE PRINCIPLES OF INTERPRETATION ARISING FROM COMMUNITY LAW WHICH COULD GUIDE IT IN ASSESSING THE EFFECTS OF THE NATIONAL LAW .

2 . SINCE REGULATIONS, UNDER ARTICLE 189 OF THE TREATY, HAVE GENERAL APPLICATION AND ARE BINDING IN THEIR ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES, IT IS IRRELEVANT THAT THE CONDITIONS OF THEIR IMPLEMENTATION ARE LAID DOWN BY RULES ISSUED BY THE CENTRAL POWER, BY THE AUTHORITIES OF A COUNTRY FORMING PART OF A FEDERAL STATE OR OF OTHER TERRITORIAL ENTITIES OR EVEN BY AUTHORITIES WHICH THE NATIONAL LAW EQUATES WITH THEM .

3 . IN PROVIDING THAT THE CHILDREN OF A NATIONAL OF A MEMBER STATE WHO IS OR HAS BEEN EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE SHALL BE ADMITTED TO EDUCATIONAL COURSES 'UNDER THE SAME CONDITIONS AS THE NATIONALS' OF THE HOST STATE, ARTICLE 12 OF REGULATION NO 1612/68 REFERS NOT ONLY TO RULES RELATING TO ADMISSION, BUT ALSO TO GENERAL MEASURES INTENDED TO FACILITATE EDUCATIONAL ATTENDANCE .
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1 . QUANTITATIVE RESTRICTIONS ON IMPORTS - MEASURES HAVING EQUIVALENT EFFECT - REGISTERED DESIGNATIONS OF ORIGIN - INDICATIONS OF ORIGIN - DEFINITION IN RELATION TO UNPROTECTED APPELLATIONS

( DIRECTIVE NO 70/50/EEC, ARTICLE 2 ( 3 ))

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - INDICATIONS OF ORIGIN - INTRODUCTION OF A NEW MEASURE - PROTECTION OF A GENERIC APPELLATION - PROHIBITION

( EEC TREATY, ARTICLE 36 )

Summary

1 . IN ORDER TO BE PROTECTED BY LAW, REGISTERED DESIGNATIONS OF ORIGIN AND INDICATIONS OF ORIGIN MUST DESCRIBE A PRODUCT COMING FROM A SPECIFIC GEOGRAPHICAL AREA AND MUST ENSURE NOT ONLY THAT THE INTERESTS OF THE PRODUCERS CONCERNED ARE SAFEGUARDED AGAINST UNFAIR COMPETITION, BUT ALSO THAT CONSUMERS ARE PROTECTED AGAINST INFORMATION WHICH MAY MISLEAD THEM .

THESE APPELLATIONS ONLY FULFIL THEIR SPECIFIC PURPOSE IF THE PRODUCT WHICH THEY DESCRIBE DOES IN FACT POSSESS QUALITIES AND CHARACTERISTICS WHICH ARE DUE TO THE FACT THAT IT ORIGINATED IN A SPECIFIC GEOGRAPHICAL AREA AND THEY MUST, PARTICULARLY IN THE CASE OF INDICATIONS OF ORIGIN, CONFER ON THE PRODUCT A SPECIFIC QUALITY AND SPECIFIC CHARACTERISTICS OF SUCH A NATURE AS TO DISTINGUISH IT FROM ALL OTHER PRODUCTS .

AN AREA OF ORIGIN WHICH IS DEFINED ON THE BASIS EITHER OF THE EXTENT OF NATIONAL TERRITORY OR A LINGUISTIC CRITERION CANNOT CONSTITUTE A GEOGRAPHICAL AREA WITHIN THE MEANING REFERRED TO ABOVE, CAPABLE OF JUSTIFYING AN INDICATION OF ORIGIN, PARTICULARLY AS THE PRODUCTS IN QUESTION MAY BE PRODUCED FROM GRAPES OF INDETERMINATE ORIGIN .

2 . ALTHOUGH THE TREATY DOES NOT RESTRICT THE POWER TO EACH MEMBER STATE TO LEGISLATE IN MATTERS OF INDICATIONS OF ORIGIN, THEY ARE NEVERTHELESS PROHIBITED BY THE SECOND SENTENCE OF ARTICLE 36 FROM INTRODUCING NEW MEASURES OF AN ARBITRARY AND UNJUSTIFIED NATURE WHOSE EFFECTS ARE, FOR THIS REASON, EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

THIS IS PRECISELY THE CASE WHERE A NATIONAL LEGISLATURE GRANTS THE PROTECTION PROVIDED FOR INDICATIONS OF ORIGIN TO APPELLATIONS WHICH, AT THE TIME WHEN SUCH PROTECTION IS GRANTED, ARE MERELY GENERIC IN NATURE .
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1 . DISCRETIONARY POWER - LIMITS - 'PATERE LEGEM QUAM IPSE FECISTI'

2 . OFFICIALS - REMUNERATION - PENSIONS - ADJUSTMENT - CALCULATION - METHODS - SPECIFIC INDEX - CONCEPT

( DECISION OF THE COUNCIL OF 20 AND 21 MARCH 1972 )

3 . OFFICIALS - REMUNERATION - PENSIONS - ADJUSTMENT - CALCULATION - METHODS - RECOURSE TO TWO INDICES - LOWER INDEX - CHOICE - ADMISSIBILITY - CRITERIA

( DECISION OF THE COUNCIL OF 20 AND 21 MARCH 1972 )

Summary

1 . THE COUNCIL CANNOT, TO ESCAPE AN OBLIGATION, PLEAD A DISCRETION, THE EXERCISE OF WHICH IT HAS ITSELF DETERMINED .

2 . THE CRITERIA OF GENERALITY AND PERMANENCE OF THE SALARIES AND ALLOWANCES TO BE TAKEN INTO ACCOUNT IN THE SPECIFIC INDEX USED FOR THE PURPOSE OF CALCULATING THE ADJUSTMENT OF SALARIES, MEAN THAT ONLY EMOLUMENTS PAID REGULARLY AND ON A LEGAL BASIS OR UNDER FIXED RULES TO ALL PUBLIC OFFICIALS OF MEMBER STATES SHOULD BE INCLUDED IN THIS INDEX .

NO ACCOUNT WAS THEREFORE REQUIRED TO BE TAKEN OF ADDITIONAL FACTORS IN THE PUBLIC REMUNERATION IN RESPECT OF THE PERIOD WHEN THESE FACTORS HAD NOT YET BEEN INCLUDED IN THE SALARIES .

3 . IF, IN A PERMANENT SYSTEM OF ADJUSTMENT OF SALARIES IN WHICH THE MEASURE OF THE VARIATION IN THE NATIONAL SALARIES MUST RESULT FROM THE JOINT CONSIDERATION OF TWO INDICES, THE COUNCIL SYSTEMATICALLY AND WITHOUT VALID REASON ADOPTS THE LOWER INDEX, IT WOULD BE DISREGARDING AN ESSENTIAL FACTOR IN THE SYSTEM TO WHICH IT HAD INTENDED TO COMMIT ITSELF .

IT IS LAWFUL TO DO THIS HOWEVER FOR A LIMITED PERIOD IN THE CONTEXT OF A SYSTEM OF APPRAISAL ADOPTED ON A TRIAL BASIS .
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1 . OFFICIALS - APPEALS - LEGISLATIVE MEASURE - IMPLEMENTATION BY INDIVIDUAL DECISIONS - ADMISSIBILITY

( STAFF REGULATIONS, ARTICLE 91 )

2 . OFFICIALS - STRIKES - NON-PAYMENT FOR DAYS COVERED BY STOPPAGE OF WORK - LEGALITY

Summary

1 . IN THE CONTEXT OF THE RIGHT OF ACTION MADE AVAILABLE BY ARTICLE 91 OF THE STAFF REGULATIONS AND IN THE CASE OF A MEASURE OF A GENERAL NATURE DESIGNED TO BE IMPLEMENTED BY MEANS OF A SERIES OF INDIVIDUAL DECISIONS AFFECTING ALL OR A LARGE PROPORTION OF THE OFFICIALS OF AN INSTITUTION, AN OFFICIAL TAKEN INDIVIDUALLY CANNOT BE DEPRIVED OF HIS RIGHT TO INVOKE THE ILLEGALITY OF THAT MEASURE IN ORDER TO ATTACK THE INDIVIDUAL DECISION WHICH ALONE ALLOWS HIM CERTAIN KNOWLEDGE OF THE MANNER IN WHICH AND THE EXTENT TO WHICH HIS INDIVIDUAL INTERESTS ARE AFFECTED .

2 . ACCORDING TO A PRINCIPLE RECOGNIZED IN THE LABOUR LAW OF THE MEMBER STATES, WAGES AND OTHER BENEFITS PERTAINING TO DAYS ON STRIKE ARE NOT DUE TO PERSONS WHO HAVE TAKEN PART IN THAT STRIKE .

THIS PRINCIPLE IS APPLICABLE TO RELATIONS BETWEEN THE INSTITUTIONS OF THE COMMUNITIES AND THEIR OFFICIALS .

THAT STATEMENT IN NO WAY IMPLIES ANY DECISION IN RELATION TO THE EXISTENCE OF AN OFFICIAL'S RIGHT TO STRIKE OR IN RELATION TO THE DETAILED RULES WHICH MAY GOVERN THE EXERCISE OF SUCH A RIGHT .

AN INSTITUTION'S DECISION NOT TO PAY FOR DAYS ON STRIKE CANNOT BE INVALIDATED BY THE FACT THAT THE OTHER INSTITUTIONS HAVE CHOSEN NOT TO TAKE MEASURES WHICH THEY COULD LAWFULLY HAVE ADOPTED .
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1 . COMPETITION - RESTRICTIVE AGREEMENT - PRICE-LIST - FIXING PROHIBITION

( EEC TREATY, ARTICLE 85 ( 1 ))

2 . COMPETITION - RESTRICTIVE AGREEMENT - LIMITATION TO THE TERRITORY OF A SINGLE MEMBER STATE - ADVERSE EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA

( EEC TREATY, ARTICLE 85 )

3 . MEASURES ADOPTED BY AN INSTITUTION - DECISION IN LINE WITH PREVIOUS DECISIONS - SUMMARY OR EXPLICIT STATEMENT OF REASONS

( EEC TREATY, ARTICLE 190 )

Summary

1 . A PRICE-LIST SYSTEM ARISING UNDER AN AGREEMENT WHICH PROHIBITS THE ANNOUNCEMENT OF REBATES ON THE LIST PRICES COMES WITHIN THE PROHIBITION IN ARTICLE 85 ( 1 ) OF THE EEC TREATY .

2 . A RESTRICTIVE AGREEMENT THE PURPOSE OF WHICH IS TO MARKET PRODUCTS IN A SINGLE MEMBER STATE CAN AFFECT TRADE BETWEEN MEMBER STATES .

SINCE IT EXTENDS OVER THE WHOLE OF THE TERRITORY OF A MEMBER STATE, IT IS BY ITS VERY NATURE LIABLE TO HAVE THE EFFECT OF REINFORCING THE COMPARTMENTALIZATION OF MARKETS AT NATIONAL LEVEL, THEREBY PREVENTING THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTS DOMESTIC PRODUCTION .

IN THIS CONNEXION IT IS NECESSARY TO IDENTIFY THE MEANS AVAILABLE TO THE PARTIES TO A RESTRICTIVE AGREEMENT TO ENSURE THAT CUSTOMERS REMAIN LAYAL, THE RELATIVE IMPORTANCE OF THE AGREEMENT ON THE MARKET CONCERNED AND THE THE ECONOMIC CONTEXT IN WHICH IT EXISTS .

3 . WHEREAS A DECISION WHICH FITS INTO A WELL-ESTABLISHED LINE OF DECISIONS MAY BE REASONED IN A SUMMARY MANNER, FOR EXAMPLE BY A REFERENCE TO THOSE DECISIONS, IF IT GOES APPRECIABLY FURTHER THAN THE PREVIOUS DECISIONS, THE COMMISSION MUST GIVE AN ACCOUNT OF ITS REASONING .
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1 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY, ARTICLE 13 ( 2 ))

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - COMMON ORGANIZATION OF MARKETS - PRODUCTS IMPORTED FROM THIRD COUNTRIES - PUBLIC AND VETERINARY HEALTH INSPECTION - PECUNIARY CHARGE NOT COMPARABLE TO THAT AFFECTING SIMILAR COMMUNITY PRODUCTS - PROHIBITION

( REGULATION NO 121/67/EEC OF THE COUNCIL, ARTICLE 17 ( 2 )) ( REGULATION ( EEC ) NO 805/68 OF THE COUNCIL, ARTICLE 20 ( 2 ))

Summary

1 . THE CONCEPT OF CHARGES HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS INTO THE COMMUNITY INCLUDES ANY CHARGE, LEVIED ON THE OCCASION OR BY REASON OF IMPORTATION, WHICH IS SPECIFICALLY IMPOSED ON AN IMPORTED PRODUCT TO THE EXCLUSION OF A SIMILAR COMMUNITY PRODUCT AND WHICH HAS THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .

2 . PECUNIARY CHARGES LEVIED FOR PUBLIC AND VETERINARY HEALTH INSPECTION OF PRODUCTS IMPORTED FROM THIRD COUNTRIES WHICH ARE DETERMINED ACCORDING TO THEIR OWN PARTICULAR CRITERIA AND WHICH ARE NOT COMPARABLE TO THOSE USED TO FIX ANY PECUNIARY CHARGES WHICH MIGHT BE LEVIED ON SIMILAR COMMUNITY PRODUCTS MUST BE CONSIDERED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .
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1 . COMPLEX ECONOMIC SITUATION - EVALUATION - ADMINISTRATION - DISCRETION - EXPORT - REVIEW BY THE COURT - EXTENT

2 . AGRICULTURE - MONETARY CRISIS - THIRD COUNTRY - TRADE - DISTURBANCES - MANAGEMENT COMMITTEE PROCEDURE - DISCRETION-EXTENT - REVIEW BY THE COURT - LIMITATION

( REGULATION NO 974/71 OF THE COUNCIL , ARTICLE 6 )

3 . AGRICULTURE - MONETARY CRISIS - THIRD COUNTRY - TRADE - DISTURBANCES - RISK - EXISTENCE - DECISION OF THE ADMINISTRATION - CRITERIA

( REGULATION NO 974/71 OF THE COUNCIL , ARTICLES 1 AND 3 )

4 . EEC - EXTERNAL RELATION - PRINCIPLE OF NON-DISCRIMINATION - ABSENCE

Summary

1 . WHERE A COMPLEX ECONOMIC SITUATION IS TO EVALUATED THE ADMINISTRATION ENJOYS A WIDE MEASURE OF DISCRETION . IN SUCH A CASE THE COURT IS CONFINED TO EXAMINING WHETHER THE EXERCISE OF SUCH A DISCRETION CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISURE OF POWER OR WHETHER THE ADMINISTRATIVE AUTHORITY IN QUESTION DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .

2 . WHEN DECIDING WHETHER THERE IS A RISK OF DISTURBANCE WITHIN THE MEANING OF ARTICLE 6 OF REGULATION NO 974/71 THE COMMISSION AND THE MANAGEMENT COMMITTEE MAKE AN EVALUATION OF A COMPLEX ECONOMIC SITUATION AND BECAUSE OF THIS ENJOY A WIDE MEASURE OF DISCRETION THE EXERCISE OF WHICH IS SUBJECT TO REVIEW BY THE COURT WITHIN LIMITED TERMS .

3 . WHEN DECIDING WHETHER THERE IS A RISK OF DISTURBANCE , THE COMMISSION MAY MAKE EVALUATIONS OF A GENERAL NATURE , TAKING INTO CONSIDERATION GROUPS OF PRODUCTS COMING UNDER THE SAME TARIFF HEADING AND SUBJECT TO THE SAME LEVY RULES .

FURTHERMORE , THE COMMISSION MUST HAVE IN MIND NOT ONLY THE EFFECT OF THE DEPRECIATION OR THE INCREASE IN VALUE OF THE CURRENCY OF A MEMBER STATE ON TRADE BETWEEN THIRD COUNTRIES AND THAT STATE BUT ALSO THE EFFECT OF THAT DEPRECIATION OR INCREASE IN VALUE ON TRADE BETWEEN THE DIFFERENT MEMBER STATES WITH REGARD TO THE GROUP OF PRODUCTS IN QUESTION .

FINALLY , IT MUST NOT TAKE ACCOUNT SOLELY OF THE ACTUAL FREE-AT-FRONTIER PRICE OF A PARTICULAR EXPORT BUT MAY RELY ON STANDARD JUSTIFIED FACTORS FOR ASSESSMENT .

4 . IN THE TREATY THERE EXISTS NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO THIRD COUNTRIES EQUAL TREATMENT IN ALL RESPECTS AND IN ANY EVENT TRADERS DO NOT HAVE THE RIGHT TO RELY ON THE EXISTENCE OF SUCH A GENERAL PRINCIPLE .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORTS - INTRA-COMMUNITY LEVY - CONDITIONS - FULFILMENT - EVIDENCE - CERTIFICATE DD 4 - NATIONAL IMPLEMENTING MEASURES - LACK - OTHER MEANS OF PROOF - ACCEPTABILITY

( DECISION OF THE COMMISSION OF 17 JULY 1962 )

Summary

THE REQUIREMENT THAT THE SUBMISSION OF CERTIFICATE DD 4 IS ALONE ACCEPTABLE AS EVIDENCE OF FULFILMENT OF THE CONDITIONS WHICH ENTITLE A TRADER TO PAY ONLY THE INTRA-COMMUNITY LEVY CANNOT BE APPLIED AGAINST A TRADER WHO SATISFIES THE FORMAL REQUIREMENTS WHICH ARE STILL IN FORCE IN THE IMPORTING STATE WHEN THE GOODS CROSS THE FRONTIER .

A MEMBER STATE WHICH HAS NOT ADOPTED SUBSTANTIVE MEASURES TO IMPLEMENT THE DECISION INTRODUCING THE DUTY TO SUBMIT CERTIFICATE DD 4 CANNOT CLAIM THAT TRADERS HAVE FAILED TO FULFIL THE DUTIES INVOLVED IN THAT DECISION BUT MUST PROVISIONALLY ACCEPT SUCH OTHER MEANS OF PROOF AS ARE APPROPRIATE TO THE FULFILMENT OF THE FORMAL REQUIREMENTS IN FORCE .
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1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . SOCIAL SECURITY - MIGRANT WORKERS - OLD AGE ( PENSIONS ) INSURANCE - ALGERIA - INSURANCE PERIODS COMPLETED BEFORE 19 JANUARY 1965 - TAKING INTO CONSIDERATION BY FRENCH INSTITUTIONS - NATIONAL OF A MEMBER STATE OTHER THAN FRANCE - RECIPIENT

( EEC TREATY , ARTICLES 48 TO 51 . REGULATION NO 109/65 OF THE COUNCIL , AR- TICLE 16 ( 2 ))

Summary

1 . ALTHOUGH THE COURT , WHEN GIVING A RULING UNDER ARTICLE 177 , HAS NO JURISDICTION TO APPLY COMMUNITY RULES TO A SPECIFIC CASE OR , CONSEQUENTLY , TO PRONOUNCE UPON A PROVISION OF NATIONAL LAW , IT MAY HOWEVER PROVIDE THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .

2 . THE PRINCIPLE OF THE EQUAL TREATMENT OF WORKERS LAID DOWN BY ARTICLES 48 TO 51 OF THE EEC TREATY IMPLIES THAT PROVISIONS OF NATIONAL LAW CANNOT BE APPLIED AS AGAINST A WORKER WHO , WHILST RESIDING IN FRANCE , IS A NATIONAL OF ANOTHER MEMBER STATE , WHERE THEIR EFFECT IS TO DEPRIVE SUCH A WORKER OF A BENEFIT AWARDED TO FRENCH WORKERS AS REGARDS THE TAKING INTO ACCOUNT , IN CALCULATING THE OLD-AGE PENSION , OF INSURANCE PERIODS COMPLETED IN ALGERIA .
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1 . OFFICIALS - PROBATIONARY PERIOD - ANNUAL LEAVE - INCLUSION - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 34 )

2 . OFFICIALS - PROBATIONARY PERIOD - END - DISMISSAL - NOTIFICATION - REASONABLE PERIOD

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 34 )

3 . OFFICIALS - PROBATIONARY PERIOD - END - DISMISSAL - NO LIABILITY ON THE PART OF THE COMMISSION

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 34 )

Summary

1 . THE FACT THAT A PROBATIONARY PERIOD INCLUDES ANNUAL LEAVE DURING WHICH THE AMOUNT OF WORK IS REDUCED DOES NOT MEAN THAT IT DID NOT ENABLE THE PROBATIONER ' S SKILL TO BE ASSESSED .

2 . ARTICLE 34 OF THE STAFF REGULATIONS OF OFFICIALS RELATING TO CASES IN WHICH THE EMPLOYMENT OF AN OFFICIAL IS TERMINATED AT THE END OF THE PROBATIONARY PERIOD DOES NOT LAY DOWN ANY PRECISE TIME-LIMIT FOR THE NOTIFICATION OF THIS DECISION BUT ALLOWS THE INSTITUTION A REASONABLE PERIOD AT THE END OF THE PROBATIONARY PERIOD IN WHICH TO DO SO .

3 . THE DISMISSAL PROCEDURE IS SET OUT IN THE STAFF REGULATIONS AND THEREFORE SINCE THE RELEVANT PROVISIONS WERE COMPLIED WITH IT CANNOT ENTAIL ANY LIABILITY ON THE PART OF THE COMMISSION WITH REGARD TO THE DISMISSED PROBATIONER OFFICIAL .
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1 . FREE MOVEMENT OF PERSONS AND SERVICES - COMMUNITY LAW - FUNDAMENTAL PRINCIPLE - PRECEDENCE OVER NATIONAL LAW - INDIVIDUAL RIGHTS - PROTECTION BY THE NATIONAL COURTS

( EEC TREATY , ARTICLES 48 TO 66 )

2 . FREE MOVEMENT OF PERSONS - NATIONAL OF A MEMBER STATE - MOVEMENT INTO ANOTHER MEMBER STATE AND STAY IN THAT STATE - ADMINISTRATIVE FORMALITIES - ACCEPTABILITY - CONDITIONS - FAILURE TO OBSERVE SUCH FORMALITIES - PENALTIES - LIMITS

( EEC TREATY , ARTICLE 7 , ARTICLE 48 )

Summary

1 . ARTICLES 48 TO 66 OF THE TREATY AND THE MEASURES ADOPTED BY THE COMMUNITY IN APPLICATION THEREOF IMPLEMENT A FUNDAMENTAL PRINCIPLE OF THE TREATY , CONFER ON PERSONS WHOM THEY CONCERN INDIVIDUAL RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT AND TAKE PRECEDENCE OVER ANY NATIONAL RULE WHICH MIGHT CONFLICT WITH THEM .

2 . NATIONAL REGULATIONS WHICH REQUIRE NATIONALS OF OTHER MEMBER STATES WHO BENEFIT FROM THE PROVISIONS OF ARTICLES 48 TO 66 OF THE EEC TREATY TO REPORT TO THE AUTHORITIES OF THAT STATE AND PRESCRIBE THAT RESIDENTS WHO PROVIDE ACCOMMODATION FOR FOREIGN NATIONALS MUST INFORM THE SAID AUTHORITES OF THE IDENTITY OF SUCH FOREIGN NATIONALS ARE IN PRINCIPLE COMPATIBLE WITH THE PROVISIONS IN QUESTION PROVIDED , FIRST , THAT THE PERIOD FIXED FOR THE DISCHARGE OF THE SAID OBLIGATIONS IS REASONABLE AND , SECONDLY , THAT THE PENALTIES ATTACHING TO A FAILURE TO DISCHARGE THEM ARE NOT DISPROPORTIONATE TO THE GRAVITY OF THE OFFENCE AND DO NOT INCLUDE DEPORTATION .

IN SO FAR AS SUCH RULES DO NOT ENTAIL RESTRICTIONS ON FREEDOM OF MOVEMENT FOR PERSONS THEY DO NOT CONSTITUTE DISCRIMINATION PROHIBITED UNDER ARTICLE 7 OF THE TREATY .
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COMMON CUSTOMS TARIFF - TARIFF HEADING 08.08 - CONCEPT

Summary

THE TERM ' BERRIES , FRESH ' USED IN HEADING 08.08 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS NOT INCLUDING BERRIES WHICH HAVE BEEN FROZEN , EVEN FOR A SHORT TIME AND MERELY FOR THE PURPOSE OF TRANSPORTATION , AND WHICH , AT THE RELEVANT TIME , HAVE STARTED TO THAW OR HAVE THAWED OUT AGAIN .
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1 . OFFICIALS - INCAPACITY FOR WORK - DISPUTES - INVALIDITY COMMITTEE - REFERENCE FOR AN OPINION - LIMITED TO CASES OF SICK LEAVE

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 59 )

2 . OFFICIALS - APPLICATION TO THE COURT - ADMINISTRATIVE MEASURE - APPLICATION FOR ANNULMENT - ADVANTAGE TO THE APPLICANT - NONE - SUBMISSION - UNREASONABLE NATURE - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 )

3 . OFFICIALS - INVALIDITY - COMMITTEE - MEMBER - DISAGREEMENT - MAJORITY DECISION

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 59 )

4 . OFFICIALS - DISCIPLINARY PROCEEDINGS - HEARING OF PERSON CONCERNED BY APPOINTING AUTHORITY - DEFENDANT - ASSISTANCE - RIGHT - NONE

( STAFF REGULATIONS OF OFFICIALS , ANNEX IX , ARTICLE 4 )

Summary

1 . REFERENCES TO THE INVALIDITY COMMITTEE IN CASES OF DISPUTE ONLY CONCERN SICK LEAVE .

2 . A SUBMISSION THAT AN ADMINISTRATIVE MEASURE BE DECLARED IRREGULAR AND THAT THE APPOINTING AUTHORITY SHOULD BE OBLIGED TO REPEAT IT IS UNREASONABLE IF SUCH A STEP CANNOT BE OF ANY ADVANTAGE TO THE APPLICANT . IN THOSE CIRCUMSTANCES , SUCH A SUBMISSION IS INADMISSIBLE .

3 . A MEMBER OF A MEDICAL COMMITTEE , APPOINTED BY ONE OF THE INTERESTED PARTIES , CANNOT , BY HIS REFUSAL TO SIGN , BLOCK THE PROCEDURE AND MAKE THE APPLICATION OF THE PROVISIONS OF THE STAFF REGULATIONS IMPOSSIBLE .

4 . AN OFFICIAL CHARGED DOES NOT HAVE THE RIGHT TO BE ASSISTED IN HIS DEFENCE BY A PERSON OF HIS OWN CHOICE IN RESPECT OF A HEARING BY THE APPOINTING AUTH- ORITY .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - PENSIONS PAYABLE UNDER THE LEGISLATION OF SEVERAL MEMBER STATES - FAMILY ALLOWANCES - DETERMINATION - PAYMENT - SYSTEM

( REGULATION NO 3 , ARTICLE 42 ( 2 ) AS AMENDED BY ARTICLE 1 OF REGULATION NO 1/64 OF THE COUNCIL )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - RIGHTS ACQUIRED UNDER THE LEGISLATION OF ONLY ONE MEMBER STATE - GUARANTEE - MEASURES OF THE COUNCIL PURSUANT TO ARTICLE 51 OF THE EEC TREATY - CHOICE - MEANS JUSTIFIED - INEQUALITIES BETWEEN WORKERS DUE TO DISPARITIES BETWEEN THE NATIONAL SCHEMES IN QUESTION - POSSIBILITY - ACCEPTABILITY

Summary

1 . ARTICLE 42 ( 2 ) OF REGULATION NO 3 AS AMENDED BY ARTICLE 1 OF REGULATION NO 1/64 OF THE COUNCIL CONCERNING THE RIGHT OF BENEFICIARIES OF A PENSION DUE IN PURSUANCE OF THE LEGISLATION OF SEVERAL MEMBER STATES TO FAMILY ALLOWANCES IS VALID .

2 . ALTHOUGH THE MEASURES TAKEN BY THE COUNCIL PURSUANT TO ARTICLE 51 MUST NOT HAVE THE EFFECT OF DEPRIVING A MIGRANT WORKER OF A RIGHT ACQUIRED BY VIRTUE ONLY OF THE LEGISLATION OF THE MEMBER STATE IN WHICH HE HAS WORKED , NO PROVISION OF THE TREATY RESTRICTS THE FREEDOM CONFERRED ON THE COUNCIL BY ARTICLE 51 TO CHOOSE ANY MEANS WHICH , VIEWED OBJECTIVELY , ARE JUSTIFIED , EVEN IF THE PROVISIONS ADOPTED DO NOT RESULT IN THE ELIMINATION OF ALL POSSIBLITY OF INEQUALITY BETWEEN WORKERS ARISING BY REASON OF DISPARITIES BETWEEN THE NATIONAL SCHEMES IN QUESTION .
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CONVENTION OF 27 SEPTEMBER 1968 - JUDGMENT OBTAINED IN A MEMBER STATE - ENFORCEMENT IN ANOTHER CONTRACTING STATE POSSIBLE BY VIRTUE OF ARTICLE 31 OF THE CONVENTION - APPLICATION CONCERNING THE SAME SUBJECT-MATTER AND BETWEEN THE SAME PARTIES BROUGHT BEFORE A COURT OF THAT STATE - PROHIBITION - COSTS OF PROCEDURE

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 31 )

Summary

THE PROVISIONS OF THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS OF 27 SEPTEMBER 1968 PREVENT A PARTY WHO HAS OBTAINED A JUDGMENT IN HIS FAVOUR IN A CONTRACTING STATE , BEING A JUDGMENT FOR WHICH AN ORDER FOR ENFORCEMENT UNDER ARTICLE 31 OF THE CONVENTION MAY ISSUE IN ANOTHER CONTRACTING STATE , FROM MAKING AN APPLICATION TO A COURT IN THAT OTHER STATE FOR A JUDGMENT AGAINST THE OTHER PARTY IN THE SAME TERMS AS THE JUDGMENT DELIVERED IN THE FIRST STATE . THE FACT THAT THERE MAY BE OCCASIONS ON WHICH , ACCORDING TO THE NATIONAL LAW APPLICABLE , THE PROCEDURE SET OUT IN ARTICLES 31 ET SEQ . OF THE CONVENTION MAY BE FOUND TO BE MORE EXPENSIVE THAN BRINGING FRESH PROCEEDINGS ON THE SUBSTANCE OF THE CASE DOES NOT INVALIDATE THESE CONSIDERATIONS .
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OFFICIALS - APPEALS - MEASURE CONTESTED ON THE GROUND OF ABSENCE OF A STATEMENT OF REASONS UPON WHICH IT IS BASED - MAY BE CONFIRMED IN THE ABSENCE OF A MISTAKE OF LAW OR OF FACT - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 )

Summary

AN APPLICANT CAN HAVE NO LEGITIMATE INTEREST IN THE ANNULMENT ON THE GROUND OF THE ABSENCE OR INADEQUACY OF THE REASONS ON WHICH IT IS BASED OF A DECISION WHICH COULD CERTAINLY BE CONFIRMED IN SUBSTANCE IN THE ABSENCE OF A MISTAKE OF LAW OR OF FACT .