ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVY - APPLICATION - DAY OF IMPORTATION - CONCEPT - SCOPE WITHIN THE COMMUNITY

( EEC TREATY, ARTICLE 40 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVY - PURPOSE - RATE OF LEVY

( EEC TREATY, ARTICLE 40 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - LEVY - APPLICATION - GOODS STORED UNDER DEFERRED LEVY SYSTEM - DAY OF IMPORTATION - CONCEPT - ENTRY OF GOODS INTO FREE CIRCULATION - COMPETENCE OF NATIONAL LEGISLATION

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 15 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - LEVY FIXED IN ADVANCE - RATE APPLICABLE - GOODS STORED UNDER DEFERRED LEVY SYSTEM - EXPIRY OF THE VALIDITY OF THE IMPORT LICENCE - REMOVAL OF GOODS FROM WAREHOUSE - APPLICATION OF THE RATE APPLICABLE ON DAY OF REMOVAL

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 15 )

Summary

1 . THE CONCEPT " DAY OF IMPORTATION ", WHICH IS CONCLUSIVE FOR THE PURPOSES OF THE APPLICATION OF THE LEVY SCHEME MUST HAVE THE SAME MEANING IN ALL THE MEMBER STATES, SINCE OTHERWISE THERE IS A DANGER THAT DIFFERENT RATES OF LEVY WOULD BE APPLIED TO GOODS WHICH ARE IN THE SAME SITUATION ECONOMICALLY AT THE SAME DATE AND THE INTRODUCTION OF WHICH INTO THE TERRITORY OF THE MEMBER STATES HAS COMPARABLE EFFECTS ON THE MARKET IN AGRICULTURAL PRODUCTS . THIS MEANING IS TO BE INFERRED FROM THE PURPOSE OF THE LEVY SYSTEM .

2 . THE LEVIES ARE MAINLY INTENDED TO PROTECT AND STABILIZE THE COMMUNITY MARKET, IN PARTICULAR BY PREVENTING FLUCTUATIONS IN WORLD MARKET PRICES FROM HAVING REPERCUSSIONS WITHIN THE COMMUNITY .

THIS AIM IS BEST ACHIEVED IF THE LEVY IS FIXED ON THE BASIS OF THE DATE FROM WHICH THE IMPORTED GOODS EXERCISE AN INFLUENCE ON THE INTERNAL MARKET OF THE COMMUNITY, THAT IS TO SAY, THE DATE ON WHICH THEY FINALLY REACH THIS MARKET AND ENTER INTO COMPETITION WITH DOMESTIC PRODUCTS . THE RATE OF LEVY APPLICABLE MUST THEREFORE BE THAT IN FORCE ON THE DATE ON WHICH THE GOODS ARE IRREVOCABLY PUT INTO FREE CIRCULATION .

3 . AS REGARDS GOODS WHICH ARE STORED IN DEFERRED LEVY WAREHOUSES ( ABSCHOEPFUNGSAUFSCHUBLAGER ) ARTICLE 15 OF REGULATION NO 120/67 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES MUST BE INTERPRETED AS MEANING THAT THE DAY OF IMPORTATION OR OF THE EFFECTING OF THE IMPORTATION IS THE DAY ON WHICH THE GOODS ARE REMOVED FROM THE WAREHOUSE, WHICH IMPLIES THAT THEY ARE IRREVOCABLY PUT INTO FREE CIRCULATION . IT IS FOR THE LEGISLATION OF THE INDIVIDUAL MEMBER STATES TO STIPULATE IN DETAIL WHAT FACTUAL CIRCUMSTANCES OR WHAT CUSTOMS FORMALITIES FULFIL THESE CONDITIONS .

4 . WHERE GOODS IN RESPECT OF WHICH A LEVY FIXED IN ADVANCE ARE NOT REMOVED FROM STORE UNTIL AFTER THE EXPIRY OF THE PERIOD OF VALIDITY OF THE IMPORT LICENCE, THE RATE OF LEVY APPLICABLE ON THE DATE OF REMOVAL FROM STORE MUST BE APPLIED .
Keywords

Summary



Keywords

++++

EUROPEAN COMMUNITIES - OWN RESOURCES - LEVYING OF CHARGES BY MEMBER STATES - DISPUTES - POWERS OF THE NATIONAL AUTHORITIES AND COURTS

( COUNCIL DECISION OF 21 APRIL 1970, ARTICLE 6; REGULATION NO 2/71 OF THE COUNCIL, ARTICLES 1, 2 AND 13 )

Summary

DISPUTES CONCERNING THE LEVYING ON INDIVIDUALS OF THE CHARGES AND LEVIES REFERRED TO IN ARTICLE 6 OF THE COUNCIL DECISION OF 21 APRIL 1970 ON THE REPLACEMENT OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES' OWN RESOURCES MUST BE RESOLVED, APPLYING COMMUNITY LAW, BY THE NATIONAL AUTHORITIES AND FOLLOWING THE PRACTICES LAID DOWN BY THE LAW OF THE MEMBER STATES .
Keywords

Summary



Keywords

++++

OFFICIALS - EXPATRIATION ALLOWANCE - MARRIAGE OF THE RECIPIENT - RETENTION OF THE ALLOWANCE - CONDITIONS - STATUS OF " HEAD OF HOUSEHOLD " - DIFFERENT TREATMENT OF MALE AND FEMALE OFFICIALS - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX VII )

Summary

THE WITHDRAWAL OF THE EXPATRIATION ALLOWANCE FOLLOWING THE MARRIAGE OF THE RECIPIENT, WHICH MIGHT BE JUSTIFIED IN CASES IN WHICH THIS CHANGE IN THE FAMILY SITUATION IS SUCH AS TO BRING TO AN END THE STATE OF " EXPATRIATION ", MUST HOWEVER BE DEPENDENT ON UNIFORM CRITERIA, IRRESPECTIVE OF SEX .

CONSEQUENTLY, BY RENDERING THE RETENTION OF THE ALLOWANCE SUBJECT TO THE ACQUISITION OF THE STATUS OF " HEAD OF HOUSEHOLD " - AS IT IS DEFINED IN ARTICLE 1 ( 3 ) OF ANNEX VII - THE STAFF REGULATIONS HAVE CREATED AN ARBITRARY DIFFERENCE OF TREATMENT BETWEEN OFFICIALS .
Keywords

Summary



Keywords

++++

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMMON WHEAT - RYE OF BREADMAKING QUALITY - DENATURING - PREMIUM - GRANTING OF PREMIUM - BALANCE OF LESS THAN 40 TONNES DENATURED ON ANY DAY - TAKING SUCH BALANCE INTO CONSIDERATION - CONDITIONS

( REGULATION ( EEC ) NO 1403/69 OF THE COMMISSION, ARTICLE 4 )

Summary

THE SECOND SENTENCE OF ARTICLE 4 ( 3 ) OF REGULATION ( EEC ) NO 1403/69 OF THE COMMISSION OF 18 JULY 1969 MUST BE INTERPRETED AS MEANING THAT A BALANCE OF LESS THAN 40 TONNES DENATURED ON ANY ONE DAY MAY BE TAKEN INTO CONSIDERATION WHEN GRANTING A DENATURING PREMIUM IF IT AROSE AS A RESULT OF A RATIONAL USE OF THE UNDERTAKING' S CAPACITY AND PROVIDED THAT THE MAXIMUM DURATION OF THE WHOLE PROCESS IS EQUIVALENT TO AN AVERAGE OF AT LEAST 40 TONNES PER DAY .
Keywords

Summary



Keywords

++++

1 . OBLIGATIONS OF MEMBER STATES - DEFAULT - ACTION - OBJECT - INTEREST TO ACT

( EEC TREATY, ARTICLE 169 )

2 . OBLIGATIONS OF MEMBER STATES - ACTION - JUDGMENT OF THE COURT - DEFAULT BY A MEMBER STATE - RESPONSIBILITY

( EEC TREATY, ARTICLES 169 AND 171 )

3 . ACTS OF AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - ENTRY INTO FORCE - SIMULTANEOUS AND UNIFORM APPLICATION IN THE COMMUNITY - NATIONAL METHODS OF PUTTING INTO EFFECT - COMPATIBILITY WITH THE TREATY

( EEC TREATY, ARTICLES 189 AND 191 )

4 . ACTS OF AN INSTITUTION - REGULATION - APPLICATION - OBLIGATIONS OF MEMBER STATES

( EEC TREATY, ARTICLE 189 )

5 . OBLIGATION OF MEMBER STATES - UNILATERAL ACTION CONTRARY TO THE TREATY - FAILURE IN DUTY OF SOLIDARITY

Summary

1 . THE OBJECT OF AN ACTION UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION, AND EVEN WHEN THE DEFAULT HAS BEEN REMEDIED SUBSEQUENTLY TO THE TIME LIMIT PRESCRIBED BY PARAGRAPH 2 OF THE SAME ARTICLE, PURSUIT OF THE ACTION STILL HAS AN OBJECT .

2 . IN THE FACE OF BOTH A DELAY IN THE PERFORMANCE OF AN OBLIGATION AND A DEFINITE REFUSAL, A JUDGMENT OF THE COURT UNDER ARTICLES 169 AND 171 OF THE TREATY MAY BE OF SUBSTANTIVE INTEREST AS ESTABLISHING THE BASIS OF A RESPONSIBILITY THAT A MEMBER STATE CAN INCUR AS A RESULT OF ITS DEFAULT AS REGARDS OTHER MEMBER STATES, THE COMMUNITY OR PRIVATE PARTIES .

3 . REGULATIONS ARE, AS SUCH, DIRECTLY APPLICABLE IN ALL MEMBER STATES AND COME INTO FORCE SOLELY BY VIRTUE OF THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE COMMUNITIES, AS FROM THE DATE SPECIFIED IN THEM, OR IN THE ABSENCE THEREOF, FROM THE DATE PROVIDED IN THE TREATY .

CONSEQUENTLY, ALL METHODS OF IMPLEMENTATION ARE CONTRARY TO THE TREATY WHICH WOULD HAVE THE RESULT OF CREATING AN OBSTACLE TO THE DIRECT EFFECT OF COMMUNITY REGULATIONS AND OF JEOPARDIZING THEIR SIMULTANEOUS AND UNIFORM APPLICATION IN THE WHOLE OF THE COMMUNITY .

4 . IT CANNOT BE ACCEPTED THAT A MEMBER STATE SHOULD APPLY IN AN INCOMPLETE OR SELECTIVE MANNER PROVISIONS OF A COMMUNITY REGULATION SO AS TO RENDER ABORTIVE CERTAIN ASPECTS OF COMMUNITY LEGISLATION WHICH IT HAS OPPOSED OR WHICH IT CONSIDERS CONTRARY TO ITS NATIONAL INTERESTS . IN THE SAME WAY, PRACTICAL DIFFICULTIES WHICH APPEAR AT THE STAGE WHEN A COMMUNITY MEASURE HAS TO BE PUT INTO EFFECT CANNOT PERMIT A MEMBER STATE UNILATERALLY TO OPT OUT OF OBSERVING ITS OBLIGATIONS .

5 . FOR A STATE UNILATERALLY TO BREAK, ACCORDING TO ITS OWN CONCEPTION OF NATIONAL INTEREST, THE EQUILIBRIUM BETWEEN ADVANTAGES AND OBLIGATIONS FLOWING FROM ITS ADHERENCE TO THE COMMUNITY BRINGS INTO QUESTION THE EQUALITY OF MEMBER STATES BEFORE COMMUNITY BRINGS INTO QUESTION THE DISCRIMINATIONS AT THE EXPENSE OF THEIR NATIONALS, AND ABOVE ALL OF THE NATIONALS OF THE STATE ITSELF WHICH PLACES ITSELF OUTSIDE THE COMMUNITY RULES .

THIS FAILURE IN THE DUTY OF SOLIDARITY ACCEPTED BY MEMBER STATES BY THE FACT OF THEIR ADHERENCE TO THE COMMUNITY STRIKES AT THE FUNDAMENTAL BASIS OF THE COMMUNITY LEGAL ORDER .
Keywords

Summary



Keywords

++++

AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - COMMON WHEAT, RYE OF BREAD-MAKING QUALITY AND MAIZE - CARRY-OVER PAYMENTS WITHIN THE MEANING OF ARTICLE 9 OF REGULATION NO 120 - CONDITIONS OF GRANT - ABSOLUTE LIMITATION PERIOD FOR MAKING AN APPLICATION

( REGULATION NO 963/69 OF THE COMMISSION, ARTICLE 3 )

Summary

THE TIME-LIMIT LAID DOWN IN THE FIRST INDENT OF ARTICLE 3 OF REGULATION ( EEC ) NO 963/69 OF THE COMMISSION OF 27 MAY 1969, UNDER THE TERMS OF WHICH THE APPLICANT MUST HAVE DECLARED BY REGISTERED LETTER, TELEX MESSAGE OR TELEGRAM SENT NOT LATER THAN 7 JUNE 1969, HIS INTENTION OF OBTAINING THE CARRY-OVER PAYMENT REFERRED TO IN ARTICLE 9 OF REGULATION NO 120/67/EEC OF THE COUNCIL, IS AN ABSOLUTE LIMITATION PERIOD .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - APPOINTING AUTHORITY - POWERS - EXERCISE - FORMALITIES - DIVISION OF FUNCTIONS - DEVIATIONS THEREFROM - SUB-DELEGATION OF POWERS - ADMISSIBILITY - CONDITIONS

( DECISION OF THE COMMISSION OF 26 FEBRUARY, 1971, ARTICLE 5 )

2 . OFFICIALS - DISCIPLINARY PROCEEDINGS - PROCEDURE - DOCUMENTS - SIGNATURE BY THE CHAIRMAN OF THE DISCIPLINARY BOARD - ADMISSIBILITY

( STAFF REGULATIONS, ANNEX IX, ARTICLES 8 AND 9 )

3 . OFFICIALS - DISCIPLINARY PROCEEDINGS - DISCIPLINARY MEASURES - GRAVITY OF ACTS ALLEGED - DISCIPLINARY AUTHORITY - POWER OF ASSESSMENT - COURT OF JUSTICE - POWERS OF INTERFERING - EXTENT

( STAFF REGULATIONS, ARTICLE 87 AND 91 )

Summary

1 . THE SUB-DELEGATION OF POWERS OR DEVIATION FROM STANDARDS LAID DOWN BY THE COMMISSION IN ITS DECISION OF 26 FEBRUARY 1971, FOR THE DIVISION OF FUNCTIONS WITHIN THE SERVICE, CANNOT RENDER VOID AN ACT DONE BY THE ADMINISTRATION, UNLESS IT INVOLVES THE POSSIBILITY OF ADVERSELY AFFECTING ONE OF THE GUARANTEES GIVEN TO OFFICIALS BY THE STAFF REGULATIONS OR THE PRINCIPLES OF GOOD ADMINISTRATION IN STAFF MANAGEMENT .

2 . THE SIGNATURE BY THE CHAIRMAN OF THE DISCIPLINARY BOARD OF VARIOUS DOCUMENTS RELATING TO THE DISCIPLINARY PROCEDURE MERELY CONSTITUTES THE NORMAL EXERCISE OF HIS PREROGATIVES, WHICH INCLUDE THE POWER OF CERTIFYING THE REGULARITY OF THE PROCEDURE AND OF AUTHENTICATING THE BOARD' S DOCUMENTS .

3 . ONCE THE TRUTH OF THE FACT ALLEGED AGAINST THE OFFICIAL HAS BEEN ESTABLISHED, THE CHOICE OF DISCIPLINARY MEASURE IS A MATTER FOR THE DISCIPLINARY AUTHORITY . IT IS NOT A MATTER FOR THE COURT TO SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE DISCIPLINARY AUTHORITY, EXCEPT IN CASES OF OBVIOUS DISPROPORTION OR ABUSE OF POWER .
Keywords

Summary



Keywords

++++

1 . TRANSITIONAL PERIOD - GENERAL PROTECTIVE MEASURES - SCOPE - COMMON ORGANISATION OF AGRICULTURAL MARKETS - SPECIAL PROTECTIVE MEASURES - POWERS OF THE COMMISSION

( EEC TREATY, ARTICLE 38 ( 2 ), ARTICLE 226; REGULATION OF THE COUNCIL NO 120/67, ARTICLE 8 )

2 . PROTECTIVE MEASURES - COMMISSION - DETERMINATION - CHOICE - CRITERIA

( EEC TREATY, ARTICLE 226 )

3 . PROTECTIVE MEASURES - COMMISSION - AUTHORIZATION - MEMBER STATES - EXECUTION - MANNER OF EFFECTING - NATIONAL LAW

( EEC TREATY, ARTICLE 226 )

Summary

1 . THE PROVISIONS OF ARTICLE 226 APPLY TO AGRICULTURAL PRODUCTS .

THE INSERTION OF SPECIAL SAFEGUARD CLAUSES INTO THE AGRICULTURAL REGULATIONS DOES NOT AFFECT THE SCOPE OF THAT ARTICLE .

ARTICLE 226 REMAINED APPLICABLE UNTIL THE END OF THE TRANSITIONAL PERIOD PROVIDED FOR BY ARTICLE 8 OF THE TREATY .

THE FACT THAT REGULATION NO 120/67/EEC TERMINATED THE TRANSITIONAL ARRANGEMENTS PROVIDED FOR THE CEREALS SECTOR BY OTHER REGULATIONS WAS NOT OF SUCH A NATURE AS TO LIMIT THE PERIOD OF APPLICATION OF ARTICLE 226 .

2 . ARTICLE 226 CANNOT BE INTERPRETED AS REQUIRING, BY PREFERENCE, PROTECTIVE MEASURES WHICH WERE AIMED AT REMOVING THE BASIC CAUSES OF THE DIFFICULTIES WHICH OCCASIONED THE REQUEST FOR AUTHORIZATION, ESPECIALLY WHERE THESE CAUSES CANNOT BE COUNTERACTED BY THE COMMUNITY AUTHORITIES DUE TO THEIR LIMITED COMPETENCE .

3 . THE DECISION OF THE COMMISSION TAKEN ON THE BASIS OF ARTICLE 226 ONLY CONSTITUTES AN AUTHORIZATION ADDRESSED TO THE MEMBER STATE IN QUESTION, PERMITTING IT TO ADOPT THE MEASURES SANCTIONED THEREIN .

THE MANNER IN WHICH THE DECISION IS TO BE CARRIED OUT THEREFORE FALLS WITHIN THE PROVINCE OF NATIONAL LAW .
Keywords

Summary



Keywords

++++

OFFICIALS - TASKS - LEVEL HIGHER THAN GRADE - RECLASSIFICATION - ACCEPTANCE - RIGHT - ABSENCE

( STAFF REGULATIONS, ART . 5 )

Summary

FULFILMENT BY AN OFFICIAL OF TASKS ON A LEVEL HIGHER THAN HIS GRADE CAN BE A FACTOR TO BE BORNE IN MIND IN CONNECTION WITH PROMOTION BUT DOES NOT GIVE HIM THE RIGHT TO BE RECLASSIFIED .
Keywords

Summary



Keywords

++++

SOCIAL SECURITY - MIGRANT WORKERS - SICKNESS INSURANCE - PENSIONERS ENTITLED TO DRAW PENSIONS UNDER THE LEGISLATION OF SEVERAL MEMBER STATES - RESIDENCE IN THE TERRITORY OF ONE OF THESE STATES - BENEFITS IN KIND PROVIDED BY THE LEGISLATION OF A STATE OTHER THAN THAT OF RESIDENCE - NON-ENTITLEMENT

( REGULATION NO 3, ARTICLE 22 )

Summary

ARTICLE 22 OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS IS TO BE INTERPRETED AS MEANING THAT THE STATE WHERE HE IS RESIDENT DOES NOT HAVE TO ISSUE BENEFITS IN KIND TO A PENSIONER WHO IS ENTITLED TO DRAW PENSIONS UNDER THE LEGISLATION OF SEVERAL MEMBER STATES AND WHO IS RESIDENT IN ONE OF THEM, WHERE THIS IS NOT PROVIDED FOR BY THE LAW OF THAT STATE .
Keywords

Summary



Keywords

++++

1 . ACTS OF AN INSTITUTION - AMENDMENT OF A FORMER PROVISION - SITUATION ARISING UNDER THE LATTER PROVISION - FUTURE CONSEQUENCES - APPLICATION OF THE AMENDING RULE

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - EXPORT REFUNDS - ARTICLE 12 OF REGULATION NO 766/68 - AMENDMENT - SPHERE OF APPLICATION

( REGULATION NO 1048/71 OF THE COUNCIL )

Summary

1 . THE LAWS AMENDING A LEGISLATIVE PROVISION APPLY, UNLESS OTHERWISE PROVIDED, TO THE FUTURE CONSEQUENCES OF SITUATIONS WHICH AROSE UNDER THE FORMER LAW .

2 . THE AMENDMENT TO ARTICLE 12 OF REGULATION NO 766/68 OF THE COUNCIL OF 18 JUNE 1968, EFFECTED BY REGULATION NO 1048/71 OF THE COUNCIL OF 25 MAY 1971, APPLIES NOT ONLY TO ADVANCE FIXING CERTIFICATES ISSUED AFTER ITS ENTRY INTO FORCE, BUT ALSO TO THOSE ISSUED BEFORE SUCH DATE IF EXPORTATION HAD NOT YET TAKEN PLACE AND AN ADJUSTMENT OF THE INTERVENTION PRICE HAD NOT BEEN MADE .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - DURUM WHEAT - LEVY - CALCULATION - TURNOVER EQUALIZATION TAX - INCLUSION IN THE CALCULATION - CONDITION

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 11 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - MAIZE - THRESHOLD PRICE - FIXING - CHARACTERISTICS OF THE PRODUCTS AT ISSUE - INCLUSION IN THE CALCULATION - CONDITION

( REGULATION NO 19 OF THE COUNCIL, ARTICLE 8 ( 1 ))

Summary

1 . ARTICLE 11 OF REGULATION NO 19 OF THE COUNCIL OF THE EEC OF 4 APRIL 1962 NEITHER REQUIRES NOR PROHIBITS THAT A MEMBER STATE SHOULD TAKE ACCOUNT OF THE TURNOVER EQUALIZATION TAX IN CALCULATING THE LEVY APPLICABLE TO DURUM WHEAT, PROVIDED THAT THE THRESHOLD PRICE FOR THAT CEREAL IS MAINTAINED AT A LEVEL AT LEAST 5 PER CENT ABOVE THAT FOR COMMON WHEAT .

2 . ARTICLE 8 ( 1 ) OF REGULATION NO 19 OF THE COUNCIL OF THE EEC OF 4 APRIL 1962 IS TO BE INTERPRETED AS MEANING THAT MEMBER STATES IN WHICH THERE IS NO SIGNIFICANT PRODUCTION OF MAIZE COULD NOT, WHEN FIXING THE THRESHOLD PRICE FOR MAIZE, TAKE ACCOUNT OF THE CHARACTERISTICS OF THE DIFFERENT VARIETIES OF CEREALS IN QUESTION IF THE FACT OF TAKING ACCOUNT OF THESE CHARACTERISTICS WOULD HAVE LED TO A THRESHOLD PRICE FOR MAIZE WHICH WOULD HAVE MADE IT IMPOSSIBLE FOR BARLEY TO REACH ITS TARGET PRICE .
Keywords

Summary



Keywords

++++

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCE - LOSS - OBLIGATION TO IMPORT - CONTINUED EXISTENCE

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 2 ( 1 ); REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 15 ( 4 ))

2 . FORCE MAJEURE - CONCEPT - DEFINITION

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCE - LOSS - CASE OF FORCE MAJEURE - REQUIREMENTS - ASSESSMENT BY THE NATIONAL COURT

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 18 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCE - LOSS - SECURITY - REQUEST FOR CANCELLATION AND RELEASE - SUBMISSION AFTER PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED - ALLOWED

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 18 ( 1 ))

Summary

1 . ARTICLES 2 ( 1 ) AND 15 ( 4 ) OF REGULATION ( EEC ) NO 1373/70 OF THE COMMISSION MUST NOT BE INTERPRETED AS MEANING THAT THE LOSS OF AN IMPORT LICENCE AUTOMATICALLY ENTAILS THE LAPSE OF THE OBLIGATION TO IMPORT CREATED BY ITS ISSUE .

2 . SINCE THE CONCEPT OF FORCE MAJEURE DIFFERS IN CONTENT IN DIFFERENT AREAS OF THE LAW AND IN ITS VARIOUS SPHERES OF APPLICATION, THE PRECISE MEANING OF THIS CONCEPT HAS TO BE DECIDED BY REFERENCE TO THE LEGAL CONTEXT IN WHICH IT IS INTENDED TO OPERATE .

3 . THE LOSS OF AN IMPORT LICENCE CONSTITUTES A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 OF REGULATION NO 1373/70 WHEN SUCH LOSS OCCURS DESPITE THE FACT THAT THE TITULAR HOLDER OF THE LICENCE HAS TAKEN ALL THE PRECAUTIONS WHICH COULD REASONABLY BE EXPECTED OF A PRUDENT AND DILIGENT TRADER .

IT IS FOR THE COMPETENT NATIONAL COURT TO ASSESS SUCH BEHAVIOUR IN THE LIGHT OF FACTUAL CIRCUMSTANCES .

4 . WHERE AN IMPORT LICENCE IS LOST, A REQUEST FOR CANCELLATION AND RELEASE OF THE SECURITY MAY BE SUBMITTED AFTER THE PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED .
Keywords

Summary



Keywords

++++

1 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTA - USE - COMMUNITY INSTITUTIONS - MEMBER STATES - POWERS

2 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTA - FROZEN BEEF AND VEAL - ADMINISTRATIVE ARRANGEMENTS - DELEGATION TO MEMBER STATES - LIMITS

( REGULATION NO 92/68 OF THE COUNCIL, ARTICLE 3; REGULATION NO 110/69 OF THE COUNCIL, ARTICLE 2 )

Summary

1 . THE COMMUNITY INSTITUTIONS ALONE HAVE POWER TO DETERMINE THE ECONOMIC USE TO WHICH COMMUNITY TARIFF QUOTAS MUST BE PUT AND, CONSEQUENTLY, TO LAY DOWN HOW THEY ARE TO BE ADMINISTERED .

TO THIS END THEY MAY PROVIDE ACCESS TO THE QUOTA FOR ANY USER, OR THEMSELVES DECIDE TO WHAT USE IT MUST BE PUT, OR, AGAIN, LEAVE MEMBER STATES FREE TO USE IT AS THEY SEE FIT IN THEIR OWN INTERESTS .

UNDER THIS LAST ALTERNATIVE, THE GRANT TO THE STATES OF THIS FREEDOM REQUIRES A DECLARED INTENTION TO THIS EFFECT ON THE PART OF THE INSTITUTIONS OF THE COMMUNITY AND THE ABSENCE OF ANY DIRECTION AS TO THE USE WHICH IS TO BE MADE OF A QUOTA MUST BE INTERPRETED AS FREEDOM FOR ALL INTERESTED TO HAVE ACCESS TO IT .

2 . THE PROVISIONS OF REGULATION NO 92/68 AND REGULATION NO 110/69 ON THE DELEGATION OF ADMINISTRATIVE ARRANGEMENTS TO THE MEMBER STATES MUST BE INTERPRETED AS MEANING THAT, IN THE ABSENCE OF ANY DIRECTION BY THE COUNCIL AS TO USE, THE REFERENCE IN THESE REGULATIONS TO THE " ADMINISTRATIVE " PROVISIONS OF MEMBER STATES CANNOT BE REGARDED AS GOING OUTSIDE THE CONFINES OF THE TECHNICAL AND PROCEDURAL RULES DESIGNED TO ENSURE CONFORMITY WITH THE GENERAL TERMS OF THE QUOTA AND EQUALITY OF TREATMENT FOR THOSE ENTITLED TO MAKE USE OF IT .

THESE PROVISIONS DO NOT GIVE STATES AUTHORITY TO LAY DOWN RULES GOVERNING THE USE TO WHICH THEIR ALLOTTED SHARE IS PUT .
Keywords

Summary



Keywords

++++

1 . AIDS GRANTED BY MEMBER STATES - PLANS - IMPLEMENTATION IN CONTRAVENTION OF ARTICLE 93 ( 3 ) OF THE EEC TREATY - POWERS OF THE COMMISSION

2 . AIDS GRANTED BY MEMBER STATES - PROHIBITION - AIM - SUBJECT-MATTER

( EEC TREATY, ARTICLE 92 )

3 . AIDS GRANTED BY MEMBER STATES - CONCEPT - PUBLIC CHARGES DEVOLVING UPON UNDERTAKINGS IN A SECTOR OF INDUSTRY - REDUCTION - AIM - EXEMPTION - CLASSIFICATION AS AID

( EEC TREATY, ARTICLE 92 )

Summary

1 . IT IS CLEAR FROM THE SPIRIT AND GENERAL SCHEME OF ARTICLE 93 THAT WHEN THE COMMISSION ESTABLISHES THAT AN AID, WHICH IS INCOMPATIBLE WITH THE COMMON MARKET HAVING REGARD TO ARTICLE 92, HAS BEEN GRANTED OR ALTERED IN DISREGARD OF PARAGRAPH ( 3 ), IT SHALL DECIDE TO ABOLISH OR ALTER THE AID WITHOUT BEING BOUND TO GRANT TO THE STATE TO WHICH THE DECISION IS ADDRESSED A PERIOD OF TIME FOR COMPLIANCE AND WITH THE POSSIBILITY OF REFERRING THE MATTER TO THE COURT IF THE STATE FAILS TO COMPLY WITH THE REQUIRED SPEED .

IN SUCH A CASE, THE MEANS OF RECOURSE OPEN TO THE COMMISSION ARE NOT RESTRICTED TO THE MORE COMPLICATED PROCEDURE UNDER ARTICLE 169 .

2 . THE AIM OF ARTICLE 92 OF THE EEC TREATY IS TO PREVENT TRADE BETWEEN MEMBER STATES FROM BEING AFFECTED BY BENEFITS GRANTED BY THE PUBLIC AUTHORITIES WHICH, IN VARIOUS FORMS, DISTORT OR THREATEN TO DISTORT COMPETITION BY FAVOURING CERTAIN UNDERTAKINGS OR THE PRODUCTION OF CERTAIN GOODS .

ARTICLE 92 DOES NOT THEREFORE DISTINGUISH BETWEEN THE MEASURES OF STATE INTERVENTION CONCERNED BY REFERENCE TO THEIR CAUSES OR THEIR AIMS BUT DEFINES THEM IN RELATION TO THEIR EFFECTS, SO THAT THE ALLEGED FISCAL NATURE OR SOCIAL AIM OF A MEASURE TAKEN BY A MEMBER STATE CANNOT SUFFICE TO EXCLUDE IT FROM THE AMBIT OF ARTICLE 92 .

3 . THE PARTIAL REDUCTION OF PUBLIC CHARGES DEVOLVING UPON UNDERTAKINGS IN A PARTICULAR SECTOR OF INDUSTRY CONSTITUTES AN AID WITHIN THE MEANING OF ARTICLE 92 OF THE EEC TREATY IF SUCH A MEASURE IS INTENDED PARTIALLY TO EXEMPT THOSE UNDERTAKINGS FROM THE FINANCIAL CHARGES ARISING FROM THE NORMAL APPLICATION OF THE GENERAL SYSTEM OF COMPULSORY CONTRIBUTIONS IMPOSED BY LAW .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - RECRUITMENT - SELECTION - CONSIDERATIONS - KNOWLEDGE AND EXPERIENCE RELATING TO A SPECIFIC NATIONAL SPHERE - ACCOUNT TAKEN - ACCEPTABILITY

( STAFF REGULATIONS, ARTICLE 27 )

2 . OFFICIALS - RECRUITMENT - COMPETITION ON BASIS OF BOTH QUALIFICATIONS AND TESTS - QUALIFICATIONS TAKEN INTO ACCOUNT AFTER THE TESTS - ACCEPTABILITY

( STAFF REGULATIONS, ANNEX III, ARTICLE 5 ( 1 ) AND ( 4 ))

Summary

1 . THOUGH THE STAFF REGULATIONS DECLARE THAT NO POSTS SHALL BE RESERVED FOR NATIONALS OF ANY SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY, IN ENGAGING AN OFFICIAL, LEGITIMATELY TREAT KNOWLEDGE AND EXPERIENCE RELATING TO A SPECIFIC NATIONAL LEGAL SYSTEM AS A DECISIVE FACTOR IN SELECTION .

2 . IT FOLLOWS FROM ARTICLE 5 ( 1 ) AND 5 ( 4 ) OF ANNEX III TO THE STAFF REGULATIONS THAT THE QUALIFICATIONS OFFERED BY EACH CANDIDATE ENABLE THE SELECTION BOARD IN THE FIRST PLACE TO DECIDE WHICH CANDIDATES ARE TO BE ADMITTED TO THE TESTS .

AFTER THE RESULT OF THE TESTS HAS BEEN TAKEN INTO ACCOUNT, HOWEVER, THESE PROVISIONS DO NOT PREVENT QUALIFICATIONS FROM ALSO BEING TAKEN INTO CONSIDERATION FOR THE PURPOSE OF MAKING THE APPOINTMENT .
Keywords

Summary



Keywords

++++

1 . OFFICIALS - RECRUITMENT - COMPETITION - ORGANIZATION - EXPEDIENCY - DISCRETIONARY POWER OF THE ADMINISTRATION

( STAFF REGULATIONS, ARTICLE 29 )

2 . OFFICIALS - DUTIES CORRESPONDING TO A HIGHER GRADE - ACCEPTANCE - NO RIGHT TO RECLASSIFICATION

( STAFF REGULATIONS, ARTICLE 7 )

Summary

1 . IT IS CLEAR FROM ARTICLE 29 THAT IN CONSIDERING WHETHER IT IS EXPEDIENT TO HOLD A COMPETITION THE APPOINTING AUTHORITY EXERCISES A DISCRETIONARY POWER .

2 . UNDER ARTICLE 7 AN OFFICIAL CANNOT BE COMPELLED TO PERFORM DUTIES CORRESPONDING TO A GRADE HIGHER THAN HIS OWN, EXCEPT ON A PROVISIONAL BASIS AND THE FACT THAT HE AGREES TO PERFORM THEM MAY BE A FACTOR TO BE BORNE IN MIND IN CONNEXION WITH PROMOTION, BUT DOES NOT GIVE HIM THE RIGHT TO BE RECLASSIFIED .