ddrg/super_eurlex huggingface dataset:
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1 . PRELIMINARY QUESTIONS - NATIONAL LAW - INTERPRETATION - CRITERIA BASED ON COMMUNITY LAW - JURISDICTION OF THE COURT

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION - SOCIAL ASSISTANCE AND SOCIAL SECURITY - COMMUNITY RULES - APPLICABILITY - CONDITIONS

( REGULATION NO 3, ARTICLE 1 ( B ), AND ARTICLE 2 ( 1 ) ( C ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION OF GENERAL APPLICATION - GUARANTEED INCOME FOR OLD PEOPLE - WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE - OLD-AGE BENEFIT - ABSENCE OF RECIPROCAL AGREEMENT - MAY NOT BE RAISED

( REGULATION NO 3, ARTICLE 2 ( 1 ) ( C ))

Summary

1 . ALTHOUGH ON A REFERENCE FOR A PRELIMINARY RULING THE COURT MAY NOT PASS JUDGMENT ON A NATIONAL LAW, NEVERTHELESS IT HAS POWER TO FURNISH THE NATIONAL COURT WITH CRITERIA FOR INTERPRETATION BASED ON COMMUNITY LAW WHICH MAY HELP THE SAID COURT IN ITS APPRAISAL OF THE EFFECTS OF THE NATIONAL LAW .

2 . NATIONAL LEGISLATION WHICH HAS CERTAIN AFFINITIES WITH SOCIAL ASSISTANCE, IN PARTICULAR IN THAT IT PRESCRIBES NEED AS AN ESSENTIAL CRITERION FOR ITS APPLICATION AND DOES NOT STIPULATE ANY REQUIREMENT AS TO PERIODS OF EMPLOYMENT, MEMBERSHIP OR CONTRIBUTION, MAY NEVERTHELESS APPROXIMATE TO SOCIAL SECURITY WITHIN THE MEANING OF REGULATION NO 3 BECAUSE IT DOES NOT PRESCRIBE CONSIDERATION OF EACH INDIVIDUAL CASE, WHICH IS A CHARACTERISTIC OF ASSISTANCE, AND CONFERS ON RECIPIENTS A LEGALLY-DEFINED POSITION GIVING THEM THE RIGHT TO A BENEFIT WHICH IS ANALOGOUS TO THE OLD-AGE PENSIONS WITHIN THE MEANING OF ARTICLE 2 OF THE SAID REGULATION .

3 . THE LEGALLY PROTECTED RIGHT TO A MINIMUM PENSION CONFERRED BY NATIONAL LEGISLATIVE PROVISIONS ON ALL ELDERLY RESIDENTS MUST BE CONSIDERED AS AN " OLD-AGE BENEFIT " WITHIN THE MEANING OF ARTICLE 2 ( 1 ) ( C ) OF REGULATION NO 3 AS REGARDS WAGE-EARNERS OR ASSIMILATED WORKERS WHO HAVE WORKED FOR PERIODS OF TIME IN THAT STATE AND ARE ENTITLED TO A PENSION THERE .

THE GRANT OF SUCH A BENEFIT TO A FOREIGN WORKER WHO FULFILS THESE CONDITIONS CANNOT DEPEND ON THE EXISTENCE OF A RECIPROCAL AGREEMENT WITH THE MEMBER STATE OF WHICH THAT WORKER IS A NATIONAL SINCE SUCH A CONDITION IS INCOMPATIBLE WITH THE RULE OF EQUALITY OF TREATMENT WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW .
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1 . FREE MOVEMENT OF GOODS - RESTRICTIONS - ABOLITION - DEROGATION UNDER ARTICLE 36 OF THE EEC TREATY - STRICT INTERPRETATION

2 . CUSTOMS DUTIES - ABOLITION - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - FEES DEMANDED FOR SANITARY INSPECTIONS - PROHIBITION

( EEC TREATY, ARTICLE 9; REGULATION NO 805/68 OF THE COUNCIL, ARTICLE 22 )

Summary

1 . ARTICLE 36 MUST BE INTERPRETED STRICTLY SINCE IT CONSTITUTES A DEROGATION FROM THE BASIC RULE THAT ALL OBSTACLES TO THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES SHALL BE ELIMINATED .

2 . THE PROHIBITION, IN TRADE BETWEEN MEMBER STATES, OF ALL CUSTOMS DUTIES AND OF ALL CHARGES HAVING EQUIVALENT EFFECTS REFERS TO ALL CHARGES DEMANDED ON THE OCCASION OR BY REASON OF IMPORTATION WHICH, IMPOSED SPECIFICALLY ON IMPORTED PRODUCTS AND NOT ON SIMILAR DOMESTIC PRODUCTS ALTER THEIR COST PRICE AND THUS PRODUCE THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .

SINCE THIS PROHIBITION DOES NOT ADMIT OF ANY DISTINCTION ACCORDING TO THE AIM IN VIEW IN LEVYING THE PECUNIARY CHARGES FOR THE ABOLITION OF WHICH IT PROVIDES, IT ALSO INCLUDES FEES DETERMINED IN ACCORDANCE WITH SPECIAL CRITERIA REQUIRED BECAUSE OF SANITARY INSPECTIONS CARRIED OUT BY REASON OF THE IMPORTATION OF GOODS .
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1 . PRELIMINARY RULINGS - EFFECTS OF A NATIONAL LAW IN RELATION TO COMMUNITY LAW - POWERS OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - APPLICATION TO NATIONAL LEGISLATIVE SYSTEMS - EXTENSION TO PROPHYLACTIC AND REMEDIAL MEASURES

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 2 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS BENEFITS - CONCEPT - ACQUISITION OF THE RIGHT BY AGGREGATION OF THE INSURANCE PERIODS COMPLETED

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 2, ARTICLE 16 )

Summary

1 . THE COURT HAS POWER TO PROVIDE THE NATIONAL COURT WITH FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF A PROVISION OF NATIONAL LAW .

2 . ARTICLE 2 ( 1 ) OF REGULATION NO 3 ALSO REFERS TO PROPHYLACTIC OR REMEDIAL MEASURES .

3 . THE SOCIAL SECURITY BENEFITS WHICH, ALTHOUGH NOT RELATED TO THE " EARNING CAPACITY " OF THE INSURED PERSON, ARE ALSO AWARDED TO THE MEMBERS OF HIS FAMILY AND ARE PRINCIPALLY INTENDED TO AID THE RECOVERY OF THE INVALID AND TO PROTECT THOSE WHO ARE IN CONTACT WITH HIM MUST BE REGARDED AS SICKNESS BENEFITS WITHIN MEANING OF ARTICLE 2 ( 1 ) ( A )

FOR THE PURPOSE OF ACQUIRING A RIGHT TO SUCH BENEFITS THE AGGREGATION OF THE AFFILIATION PERIODS COMPLETED IN THE VARIOUS MEMBER STATES IS GOVERNED BY ARTICLE 16 ET SEQ . OF REGULATION NO 3 .
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1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS

( ART . 177 EEC TREATY )

2 . HANDICAPPED WORKERS - ATTITUDE FOR EMPLOYMENT - RECUPERATION - BENEFITS APPLYING UNDER COMMUNITY RULES - MEANING - MEASURES PROVIDED BY NATIONAL LEGISLATION - APPLICATION OF ARTICLES 7 AND 12 OF REGULATION 1612/68

Summary

1 . THE COURT, ACTING WITHIN THE FRAMEWORK OF ARTICLE 177, HAS NO JURISDICTION TO APPLY THE COMMUNITY RULE TO A SPECIFIC CASE, NOR, CONSEQUENTLY, TO PRONOUNCE ON A PROVISION OF NATIONAL LAW WITH REGARD TO SUCH RULE . IT CAN HOWEVER PROVIDE A NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH COULD BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION ( ART . 177 EEC TREATY ).

2 . THE PROVISIONS OF ARTICLE 7 OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL, OF 15 OCTOBER 1968 ( OJ L 257 OF 19 OCTOBER 1968, P . 2 ) EXTEND TO MEASURES PROVIDED BY NATIONAL LEGISLATION WITH A VIEW TO ALLOWING HANDICAPPED WORKERS TO REGAIN THEIR ABILITY TO WORK . HOWEVER, THE BENEFITS REFERRED TO BY THE SAID ARTICLE ARE THOSE WHICH, BEING CONNECTED WITH EMPLOYMENT, ARE TO BENEFIT THE WORKERS THEMSELVES . BENEFITS RESERVED FOR THE MEMBERS OF THEIR FAMILIES ON THE OTHER HAND ARE EXCLUDED FROM THE APPLICATION OF ARTICLE 7 .

ARTICLE 12 OF REGULATION ( EEC ) NO 1612/68 EMBRACES THE MEASURES PROVIDED BY NATIONAL LEGISLATION WHICH ALLOW THE HANDICAPPED TO REALIZE OR IMPROVE THEIR APTITUDE FOR WORK AND THUS IT HAS AMONG ITS OBJECTS THE GUIDANCE, TRAINING AND VOCATIONAL REHABILITATION AND RETRAINING OF THE SAID HANDICAPPED .

THE APPLICATION OF THE ABOVE-MENTIONED ARTICLES 7 AND 12 TO SUCH NATIONAL LEGISLATION IS NOT EXCLUDED BY THE FACT THAT SUCH LEGISLATION REFERS TO THE HANDICAPPED AS A WHOLE AND NOT ONLY THOSE WHO HAVE THE POSITION OF WORKERS OR THE CHILDREN OF WORKERS .
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1 . PROCEDURE - ACTION FOR DAMAGES - AUTONOMOUS NATURE - DIFFERENCE BETWEEN SUCH ACTION AND AN APPLICATION FOR ANNULMENT

( EEC TREATY, ARTICLE 178, ARTICLE 215 )

2 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE ACTION INVOLVING SELECTION OF POLICY - DAMAGE SUFFERED - VIOLATION OF A SUPERIOR RULE OF LAW

( EEC TREATY, ARTICLE 215 )

3 . AGRICULTURE - IMPORTS - EXPORTS - COMPENSATORY AMOUNTS - AUTHORIZATION - EXCLUSIVE RIGHT OF MEMBER STATES

( REGULATION NO 974/71 OF THE COUNCIL, ARTICLE 7 )

4 . AGRICULTURE - EXPORTS - COMPENSATORY AMOUNTS - GRANT - AUTHORIZATION - DISCRETIONARY POWERS OF THE COMMISSION

( REGULATION NO 974/71 OF THE COUNCIL, ARTICLE 1 )

5 . EEC - CONJUNCTURAL POLICY - COMMUNITY INSTITUTIONS - POWERS - SCOPE

( EEC TREATY, ARTICLE 103 )

Summary

1 . THE ACTION FOR DAMAGES PROVIDED FOR BY ARTICLES 178 AND 215 OF THE TREATY WAS INTRODUCED AS AN AUTONOMOUS FORM OF ACTION, WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS AND SUBJECT TO CONDITIONS ON ITS USE DICTATED BY ITS SPECIFIC NATURE .

IT DIFFERS FROM AN APPLICATION FOR ANNULMENT IN THAT ITS END IS NOT THE CANCELLATION OF A PARTICULAR MEASURE, BUT COMPENSATION FOR DAMAGE CAUSED BY AN INSTITUTION IN THE PERFORMANCE OF ITS DUTIES .

2 . WHERE LEGISLATIVE ACTION INVOLVING MEASURES OF ECONOMIC POLICY IS CONCERNED, THE COMMUNITY DOES NOT INCUR NON-CONTRACTUAL LIABILITY FOR DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT ACTION, BY VIRTUE OF THE PROVISIONS CONTAINED IN ARTICLE 215, SECOND PARAGRAPH, OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .

3 . ARTICLE 7 OF COUNCIL REGULATION NO 974/71, WHICH STATES THAT " PARTIAL ... USE MAY NOT BE MADE OF THE AUTHORIZATION PROVIDED FOR IN THIS REGULATION ", IS ADDRESSED SOLELY TO MEMBER STATES .

4 . BY VIRTUE OF THE LAST SENTENCE IN ARTICLE 1 ( 2 ) OF REGULATION NO 974/71 OF THE COUNCIL, COMPENSATORY AMOUNTS CANNOT BE GRANTED FOR EXPORTS, UNDER THIS PROVISION, OF ANY SPECIFIC PRODUCT UNLESS WITHOUT THEM TRADE IN THAT PRODUCT WOULD BE SUBJECT TO DISTURBANCES .

THE COMMISSION - BY WHOM ANY SUCH DECISION IS TO BE MADE AND WHICH HAS WIDE DISCRETIONARY POWERS FOR THAT PURPOSE - IS THEREFORE UNDER NO DUTY TO FIX COMPENSATORY AMOUNTS FOR EVERY PRODUCT LISTED IN REGULATION NO 974/71 .

5 . WHILE THE POWERS CONFERRED ON COMMUNITY INSTITUTIONS BY THE TREATY, AND BY ARTICLE 103 ( 2 ) IN PARTICULAR, INCLUDE THE OPTION OF MITIGATING, AS A MATTER OF COMMON CONCERN, SOME OF THE EFFECTS OF THE WIDENING BY A MEMBER STATE OF THE MARGINS OF FLUCTUATION FOR THE EXCHANGE RATES OF ITS CURRENCY IN RELATION TO ITS OFFICIAL PARITY, IT DOES NOT FOLLOW THAT THE COUNCIL IS BOUND TO COMPENSATE FOR ALL SUCH EFFECTS IN SO FAR AS THESE ARE DISADVANTAGEOUS TO IMPORTERS AND EXPORTERS IN THE MEMBER STATE CONCERNED .

IN FACT, BY ENABLING THE COUNCIL, WITHOUT OBLIGING IT, TO " ADOPT ... MEASURES APPROPRIATE TO THE SITUATION ", ARTICLE 103 CONFERRED ON THAT BODY WIDE POWERS OF APPRAISAL, TO BE EXERCISED AS A MATTER OF " COMMON CONCERN ", AND NOT IN THE PRIVATE INTEREST OF A PARTICULAR GROUP OF PARTICIPANTS IN THE MARKET .
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1 . AIDS GRANTED BY A MEMBER STATE - ABOLITION - DIRECT EFFECT - CONDITIONS

( EEC TREATY, ART . 92 ( 1 ))

2 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ART . 177 )

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - ABOLITION - DIRECT EFFECT

( EEC TREATY, ART . 13 ( 2 ))

4 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY, ART . 13 ( 2 ))

Summary

1 . WITH REGARD TO SYSTEMS OF AID EXISTING IN MEMBER STATES, THE PROVISIONS OF ARTICLE 92 ( 1 ) ARE INTENDED TO TAKE EFFECT IN THE LEGAL SYSTEMS OF MEMBER STATES, SO THAT THEY MAY BE INVOKED BEFORE NATIONAL COURTS, WHERE THEY HAVE BEEN PUT IN CONCRETE FORM BY ACTS HAVING GENERAL APPLICATION PROVIDED FOR BY ARTICLE 94 OR BY DECISIONS IN PARTICULAR CASES ENVISAGED BY ARTICLE 93 ( 2 ).

2 . IN EXERCISE OF THE POWERS CONFERRED BY ARTICLE 177, THE COURT, HAVING TO LIMIT ITSELF TO GIVING AN INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW IN QUESTION, CANNOT CONSIDER LEGAL ACTS AND PROVISIONS OF NATIONAL LAW, THE RISK BEING THAT THE REPLY WILL CORRESPOND ONLY IMPERFECTLY TO THE CIRCUMSTANCES OF THE CASE .

3 . ARTICLE 13 ( 2 ) COMPRISES A CLEAR AND PRECISE PROHIBITION, AS FROM THE END OF THE TRANSITIONAL PERIOD AT THE LATEST AND FOR ALL CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES, ON THE COLLECTING OF THE SAID CHARGES, WHICH PROHIBITION HAS NO RESERVATION ALLOWING STATES TO SUBJECT ITS IMPLEMENTATION TO A POSITIVE MEASURE OF DOMESTIC LAW OR TO AN INTERVENTION BY THE INSTITUTIONS OF THE COMMUNITY . THIS PROHIBITION LENDS ITSELF, BY ITS VERY NATURE, TO PRODUCING DIRECT EFFECTS IN THE LEGAL RELATIONS BETWEEN MEMBER STATES AND THEIR SUBJECTS .

4 . ANY TAX DEMANDED AT THE TIME OF OR BY REASON OF IMPORTATION AND WHICH, BEING IMPOSED SPECIFICALLY ON AN IMPORTED PRODUCT TO THE EXCLUSION OF THE SIMILAR DOMESTIC PRODUCT, RESULTS IN THE SAME RESTRICTIVE CONSEQUENCES ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY BY ALTERING THE COST PRICE THAT PRODUCT IS PROHIBITED EVEN IF IT IS INTENDED TO FINANCE THE ACTIVITIES OF A PUBLIC AGENCY .

ON THE OTHER HAND, FINANCIAL CHARGES DO NOT CONSTITUTE CHARGES HAVING AN EQUIVALENT EFFECT WHEN THEY FALL WITHIN A GENERAL SYSTEM OF INTERNAL, TAXATION APPLYING SYSTEMATICALLY TO DOMESTIC AND IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA, UNLESS THEY ARE INTENDED EXCLUSIVELY TO SUPPORT ACTIVITIES WHICH SPECIFICALLY BENEFIT THE TAXED DOMESTIC PRODUCT .
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1 . MEMBER STATES - GENERAL OBLIGATION

( EEC TREATY, ARTICLE 5 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RICE - EXTERNAL TRADE OF THE COMMUNITY - CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - OBJECT

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 20 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - RICE - INTERNAL TRADE OF THE COMMUNITY - CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - OBJECT

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 23 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RICE - INTERNAL AND EXTERNAL TRADE OF THE COMMUNITY - QUANTITATIVE RESTRICTIONS - PROHIBITION

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 20 ( 2 ), ARTICLE 23 )

5 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - OBJECT

( EEC TREATY, ARTICLE 30 AND 34 )

Summary

1 . IN PROVIDING THAT MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE FULFILMENT OF THEIR OBLIGATIONS AND THAT THEY SHALL ABSTAIN FROM ANY MEASURE WHICH COULD JEOPARDISE THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY, ARTICLE 5 PLACES A GENERAL OBLIGATION ON MEMBER STATES THE PRECISE TENOR OF WHICH IN EACH PARTICULAR CASE DEPENDS ON THE PROVISIONS OF THE TREATY OR THE RULES WHICH EMERGE FROM ITS GENERAL FRAMEWORK .

2 . THE PROHIBITION OF THE LEVYING OF ANY CUSTOMS DUTY OR CHARGE HAVING EQUIVALENT EFFECT, CONTAINED IN ARTICLE 20 ( 2 ) OF REGULATION NO 359/67, COVERS ANY CHARGE LEVIED AT THE TIME OF OR BY REASON OF IMPORTS OR EXPORTS TO A THIRD COUNTRY .

3 . THE PROHIBITION OF THE LEVYING OF ANY CUSTOMS DUTY OR CHARGE HAVING EQUIVALENT EFFECT IN TRADE WITHIN THE COMMUNITY, CONTAINED IN ARTICLE 23 OF REGULATION NO 359/67, COVERS ANY PECUNIARY CHARGE LEVIED AT THE TIME OF OR BY REASON OF IMPORTS OR EXPORT OF THE PRODUCT IN QUESTION WHICH, BY CHANGING THE COST PRICE, HAS ON THE FREE MOVEMENT OF GOODS THE EQUIVALENT EFFECT OF A CUSTOMS DUTY . THIS DOES NOT APPLY TO AN INTERNAL TAX LEVIED EXCLUSIVELY ON NATIONAL PRODUCTS SUBJECT TO A CONTRACT AND THE PURPOSE OF WHICH IS TO PROVIDE FUNDS TO ASSIST NATIONAL PRODUCTION . SUCH A TAX COULD ONLY INFRINGE THE PROVISIONS OF REGULATION NO 359/67 RELATING TO EXPORT REFUNDS IF IT WOULD APPEAR TO BE A MEANS OF REDUCING THE AMOUNT OF SUCH REFUNDS .

4 . THE PROHIBITION OF ALL QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT CONTAINED IN ARTICLE 20 ( 2 ) OF REGULATION NO 359/67 HAS AMONG ITS OBJECTS THE PREVENTION OF MEMBER STATES FROM UNILATERALLY ADOPTING MEASURES RESTRICTING EXPORT TO THIRD COUNTRIES UNLESS THEY ARE PROVIDED FOR IN REGULATIONS . THE PROHIBITION, UNDER ARTICLE 23, OF SUCH A MEASURE IN THE INTERNAL TRADE OF THE COMMUNITY IS DESIGNED TO ENSURE THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY .

5 . THE PROHIBITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT COVERS ANY TOTAL OR PARTIAL PROHIBITION ON IMPORTS, EXPORTS OR GOODS IN TRANSIT AND ANY ENCUMBRANCE HAVING THE SAME EFFECT .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY - PENSION - ARTICLES 27 AND 28 OF REGULATION NO 3 - APPLICATION BY ANALOGY - BENEFITS - APPORTIONMENT - CONDITIONS - AGGREGATION OF INSURANCE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 26 ( 1 ), ARTICLE 27, ARTICLE 28 )

Summary

THE APPLICATION BY ANALOGY OF ARTICLES 27 AND 28 OF REGULATION NO 3 TO THE CASES REFERRED TO IN ARTICLE 26 ( 1 ) INVOLVES THAT BENEFITS MAY NOT BE APPORTIONED UNLESS IT HAS BEEN NECESSARY, IN ORDER TO GIVE RISE TO ENTITLEMENT, TO AGGREGATE BEFOREHAND THE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS .
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1 . PERIOD, DATE AND TIME LIMIT - MEANING

( REGULATION OF THE COUNCIL NO 1182/71, ARTICLE 3 )

2 . AGRICULTURE - COMMON WHEAT - CARRY-OVER PAYMENTS - GRANT - CONDITIONS - NO PERIOD OR DATE WITHIN THE MEANING OF REGULATION NO 1182/71 OF THE COUNCIL

( REGULATION OF THE COMMISSION NO 1196/71, ARTICLE 3 )

Summary

1 . IT APPEARS FROM THE CONTEXT OF ARTICLE 3 OF REGULATION NO 1182/71 OF THE COUNCIL THAT THE CONCEPT OF A PERIOD IS TO BE INTERPRETED AS MEANING AN INTERVAL OF TIME EXPRESSED IN HOURS, DAYS, WEEKS, MONTHS OR YEARS, WITHOUT REFERENCE TO A GIVEN DATE OR EVENT .

THE MENTION OF A SPECIFIED FINAL DATE UPON WHICH AN EVENT MUST OCCUR OR AN ACTION BE EFFECTED CORRESPONDS TO THE CONCEPT OF A TIME LIMIT AS PROVIDED BY ARTICLES 4 AND 5 OF REGULATION NO 1182/71 AND IS NOT TO BE INTERPRETED AS A PERIOD WITHIN THE MEANING OF ARTICLE 3 OF THAT REGULATION .

2 . ARTICLE 3, LAST INDENTATION, OF REGULATION NO 1196/71 LAYS DOWN NEITHER A PERIOD NOR A DATE WITHIN THE MEANING OF REGULATION NO 1182/71 .
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1 . PRELIMINARY QUESTIONS - REFERENCE TO THE COURT - CONDITIONS - EX PARTE PROCEEDINGS - PROPRIETY OF REFERENCE

( EEC TREATY, ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - BROKEN RICE INTENDED FOR MANUFACTURE OF BEER - PRODUCTION REFUND - BREWERY USING THE PRODUCT - NO DIRECT RIGHT - TRANSFER BY THE PRODUCER

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 9; REGULATION NO 367/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 2085/68 OF THE COMMISSION )

Summary

1 . ARTICLE 177 DOES NOT MAKE THE REFERENCE TO THE COURT SUBJECT TO WHETHER THE PROCEEDINGS IN WHICH THE NATIONAL COURT HAS DRAWN UP THE REFERENCE FOR A PRELIMINARY RULING WERE OR WERE NOT DEFENDED .

2 . A BREWER WHO HAS PAID AT THE MARKET PRICE FOR BROKEN RICE INTENDED FOR THE BREWING OF BEER CANNOT ASSERT A DIRECT RIGHT TO THE GRANT OF THE REFUND REFERRED TO IN ARTICLE 9 OF REGULATION NO 359/67 OF 25 JULY 1967, ARTICLE 1 OF REGULATION NO 367/67 OF 25 JULY 1967 AND REGULATION NO 2085/68 OF 20 DECEMBER 1968 .

MEMBER STATES MAY, BY DOMESTIC IMPLEMENTING MEASURES, PERMIT THE TRANSFER TO BREWERIES OF THE RIGHT TO THE REFUND BY VIRTUE OF THE FORMAL CONSENT OF THE PRODUCER .
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PROCEDURE - ACTION FOR FAILURE TO ACT - COURT OF JUSTICE - REFERENCE - NATURAL OR LEGAL PERSON - REGULATION SOUGHT - INADMISSIBILITY

( EEC TREATY, THIRD PARAGRAPH OF ARTICLE 175 )

Summary

A PROVISION OF A GENERAL REGULATORY CHARACTER HAVING THE SAME LEGAL SCOPE AS A REGULATION CANNOT BE DESCRIBED BY REASON EITHER OF ITS FORM OR ITS NATURE AS AN ACT ADDRESSED TO A NATURAL OR LEGAL PERSON WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 .
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OFFICIALS - STAFF ASSOCIATIONS - CAPACITY AND ENTITLEMENT TO INSTITUTE PROCEEDINGS - LIMITS

( EEC TREATY, ARTICLE 173 AND 179; STATUTE OF THE COURT, ARTICLE 37; STAFF REGULATIONS, ARTICLE 24A, 90 AND 91 )

Summary

THE FREEDOM OF TRADE UNION ACTIVITY RECOGNIZED UNDER ARTICLE 24A OF THE STAFF REGULATIONS MEANS NOT ONLY THAT OFFICIALS AND SERVANTS HAVE THE RIGHT WITHOUT HINDRANCE TO FORM ASSOCIATIONS OF THEIR OWN CHOOSING, BUT ALSO THAT THESE ASSOCIATIONS ARE FREE TO DO ANYTHING LAWFUL, ESPECIALLY BY USING THE RIGHT OF ACTION, TO PROTECT THE INTERESTS OF THEIR MEMBERS AS EMPLOYEES .

THUS A STAFF ASSOCIATION WHICH FULFILS THE REQUIRED CONDITIONS IS ENTITLED, BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY, TO INSTITUTE PROCEEDINGS FOR ANNULMENT AGAINST A DECISION ADDRESSED TO IT AND, UNDER THE CONDITIONS SET OUT IN ARTICLE 37 OF THE STATUTE OF THE COURT, TO INTERVENE IN DISPUTES SUBMITTED TO THE COURT .

ON THE OTHER HAND A DIRECT ACTION BY A STAFF ASSOCIATION CANNOT BE ENTERTAINED UNDER THE PROCEDURE OF COMPLAINT AND APPEAL ESTABLISHED BY ARTICLES 90 AND 91 OF THE STAFF REGULATIONS .
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1 . CONCENTRATION BETWEEN UNDERTAKINGS - MINING COMPANIES - FUELS - TRADING RULES - TERMS OF BUSINESS - WHOLESALERS - RIGHT OF ACCESS TO DIRECT SUPPLIES - AUTHORIZATION

( ECSC TREATY, ARTICLE 66 )

2 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - FUNDAMENTAL RIGHTS OF THE PERSON - RESPECT ENSURED BY THE COURT - CONSTITUTIONS OF MEMBER STATES - INTERNATIONAL TREATIES

3 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - FUNDAMENTAL RIGHTS OF THE PERSON - RESPECT IN THE COMMUNITY LEGAL ORDER - RIGHT OF OWNERSHIP - FREEDOM TO ENGAGE IN TRADE OR PROFESSION - LIMITATIONS - SOCIAL FUNCTION OF CERTAIN RIGHTS - GENERAL INTEREST OF THE COMMUNITY - INTANGIBLE SUBSTANCE OF RIGHTS

Summary

1 . THE COMMISSION HAS THE RIGHT TO AUTHORIZE TRADING RULES RESTRICTING THE ENTITLEMENT TO DIRECT SUPPLIES OF FUELS ON THE GROUNDS OF THE NEED TO RATIONALIZE DISTRIBUTION, PROVIDED THAT SUCH RULES ARE APPLIED IN A LIKE MANNER TO ALL THE UNDERTAKINGS CONCERNED .

2 . FUNDAMENTAL RIGHTS ARE AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW THE OBSERVANCE OF WHICH THE COURT ENSURES .

IN SAFEGUARDING THESE RIGHTS THE COURT IS BOUND TO DRAW INSPIRATION FROM THE CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES AND CANNOT UPHOLD MEASURES WHICH ARE INCOMPATIBLE WITH THE FUNDAMENTAL RIGHTS ESTABLISHED AND GUARANTEED BY THE CONSTITUTIONS OF THESE STATES .

SIMILARLY, INTERNATIONAL TREATIES FOR THE PROTECTION OF HUMAN RIGHTS, ON WHICH THE MEMBER STATES HAVE COLLABORATED OR OF WHICH THEY ARE SIGNATORIES, CAN SUPPLY GUIDELINES WHICH SHOULD BE FOLLOWED WITHIN THE FRAMEWORK OF COMMUNITY LAW .

3 . IF RIGHTS OF OWNERSHIP ARE PROTECTED BY THE CONSTITUTIONAL LAWS OF ALL THE MEMBER STATES AND IF SIMILAR GUARANTEES ARE GIVEN IN RESPECT OF THEIR RIGHT FREELY TO CHOOSE AND PRACTICE THEIR TRADE OR PROFESSION, THE RIGHTS THEREBY GRANTED, FAR FROM CONSTITUTING UNFETTERED PREROGATIVES, MUST BE VIEWED IN THE LIGHT OF THE SOCIAL FUNCTION OF THE PROPERTY AND ACTIVITIES PROTECTED THEREUNDER .

FOR THIS REASON, RIGHTS OF THIS NATURE ARE PROTECTED BY LAW SUBJECT ALWAYS TO RESTRICTIONS LAID DOWN IN ACCORDANCE WITH THE PUBLIC INTEREST .

WITHIN THE COMMUNITY LEGAL ORDER IT LIKEWISE SEEMS LEGITIMATE THAT THESE RIGHTS SHOULD, IF NECESSARY, BE SUBJECT TO CERTAIN LIMITS JUSTIFIED BY THE OVERALL OBJECTIVES PURSUED BY THE COMMUNITY, ON CONDITION THAT THE SUBSTANCE OF THESE RIGHTS IS LEFT UNTOUCHED .

THE ABOVE GUARANTEES CAN IN NO RESPECT BE EXTENDED TO PROTECT MERE COMMERCIAL INTERESTS OR OPPORTUNITIES, THE UNCERTAINTIES OF WHICH ARE PART OF THE VERY ESSENCE OF ECONOMIC ACTIVITY .