ddrg/super_eurlex huggingface dataset:
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - PRODUCERS ' ORGANIZATIONS - FINANCING BY THE EAGGF - CONDITIONS LAID DOWN BY COMMUNITY LAW - RECOGNITION OF THE ORGANIZATIONS BY NATIONAL AUTHORITIES - IMMATERIAL

( REGULATION NO 1035/72 OF THE COUNCIL , ART . 13 )

Summary

THE CONDITIONS IMPOSED ON PRODUCERS ' ORGANIZATIONS BY REGULATION NO 1035/72 BEFORE THEY MAY QUALIFY FOR FINANCING BY THE EAGGF DO NOT INCLUDE ' RECOGNITION ' BY THE NATIONAL AUTHORITIES . IT FOLLOWS THAT THE ADOPTION BY A MEMBER STATE OF A RECOGNITION PROCEDURE FOR THOSE ORGANIZATIONS CANNOT HAVE ANY INFLUENCE WHATSOEVER ON THEIR ELIGIBILITY FOR SUCH FINANCING , WHICH MUST BE ASSESSED BY REFERENCE TO COMMUNITY LAW ALONE . EXPENDITURE INCURRED BY A BODY WHICH DOES NOT QUALIFY AS A PRODUCERS ' ORGANIZATION UNDER ARTICLE 13 OF THE AFORESAID REGULATION CANNOT THEREFORE BE CHARGED TO THE EAGGF .
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SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - COMMUNITY RULES AGAINST OVERLAPPING - SUSPENSION OF ENTITLEMENT TO BENEFITS IN THE STATE OF EMPLOYMENT - BENEFITS PAYABLE UNDER THE LEGISLATION OF THE STATE OF RESIDENCE OF MEMBERS OF THE FAMILY - CONDITIONS - AMOUNT OF BENEFITS PAID IN THE STATE OF RESIDENCE LESS THAN THAT RESULTING FROM THE LEGISLATION OF THE OTHER MEMBER STATE - ENTITLEMENT TO ADDITIONAL BENEFITS

( COUNCIL REGULATION NO 1408/71 , ARTS 73 AND 76 )

Summary

THERE IS NO SUSPENSION UNDER ARTICLE 76 OF REGULATION NO 1408/71 OF ENTITLEMENT TO FAMILY ALLOWANCES PAYABLE IN PURSUANCE OF ARTICLE 73 OF THAT REGULATION IN THE MEMBER STATE OF EMPLOYMENT OF ONE OF THE PARENTS WHEN THE OTHER PARENT RESIDES WITH THE CHILDREN IN ANOTHER MEMBER STATE AND PURSUES THERE A PROFESSIONAL OR TRADE ACTIVITY BUT DOES NOT RECEIVE FAMILY ALLOWANCES FOR THE CHILDREN ON THE GROUND THAT NOT ALL THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE FOR THE RECEIPT OF SUCH ALLOWANCES ARE SATISFIED .

ENTITLEMENT TO FAMILY ALLOWANCES PAYABLE TO ONE OF THE PARENTS IN THE MEMBER STATE OF EMPLOYMENT UNDER ARTICLE 73 OF THE SAID REGULATION IS SUSPENDED PURSUANT TO ARTICLE 76 ONLY UP TO THE AMOUNT OF ALLOWANCES OF THE SAME KIND ACTUALLY PAID IN THE MEMBER STATE IN WHOSE TERRITORY THE MEMBERS OF THE FAMILY RESIDE . WHERE THE AMOUNT OF FAMILY ALLOWANCES ACTUALLY RECEIVED IN THE MEMBER STATE OF RESIDENCE IS LESS THAN THE ALLOWANCES PROVIDED FOR BY THE LEGISLATION OF THE OTHER MEMBER STATE THE WORKER IS ENTITLED TO CLAIM FROM THE COMPETENT INSTITUTION OF THE LATTER MEMBER STATE ADDITIONAL ALLOWANCES EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - SPECIAL RIGHTS OF THE MILK MARKETING BOARDS - PRICE DIFFERENTIATION FOR WHOLE MILK ACCORDING TO ITS INTENDED USE - PERMISSIBLE - REFERENCE TO THE INTENDED USE OF A PROCESSED PRODUCT - NOT PERMISSIBLE

( COUNCIL REGULATION NO 1422/78 , ART . 9 ( 1 ); COMMISSION REGULATION NO 1565/79 , ART . 6 ( 2 )) 2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK AND MILK PRODUCTS - SPECIAL RIGHTS OF THE MILK MARKETING BOARDS - PRICE DIFFERENTIATION FOR WHOLE MILK ACCORDING TO THE USE OF THE SKIMMED MILK OBTAINED IN PROCESSING - HIGHER PRICE FOR LIQUID SKIMMED MILK USED FOR ANIMAL FEED - INTERFERENCE WITH THE EFFICIENT FUNCTIONING OF THE AID SCHEMES FOR THE USE OF LIQUID SKIMMED MILK AS ANIMAL FEED - NOT PERMISSIBLE .

( REGULATION NO 986/68 OF THE COUNCIL ; COMMISSION REGULATION NO 1565/79 , ART . 6 ( 2 ))

Summary

1 . ALTHOUGH THE MILK MARKETING BOARDS ARE AUTHORIZED TO OPERATE DIFFERENTIAL PRICING ON THE SALE OF MILK ACCORDING TO ITS INTENDED USE , THAT IS TO SAY THE USE TO WHICH THE PURCHASER WILL PUT THE MILK , THEY MAY NOT OPERATE SUCH DIFFERENTIAL PRICING ACCORDING TO THE INTENDED USE NOT OF THE MILK BUT OF A PROCESSED PRODUCT SUCH AS BUTTER .

THE OPERATION BY THE MILK MARKETING BOARDS OF A SYSTEM OF DUAL PRICING FOR WHOLE MILK USED FOR THE MANUFACTURE OF BUTTER DEPENDING ON WHETHER IT IS TO BE SOLD , ON THE ONE HAND , AS INTERVENTION OR BULK BUTTER , OR , ON THE OTHER , AS PACKET BUTTER ON THE RETAIL MARKET IS THEREFORE INCOMPATIBLE WITH COMMUNITY LAW .

2 . THE OPERATION BY THE MILK MARKETING BOARDS OF DIFFERENTIAL PRICING FOR WHOLE MILK USED FOR THE MANUFACTURE OF BUTTER AND CREAM DEPENDING ON WHETHER THE SKIMMED MILK OBTAINED IN SUCH MANU FACTURE IS USED AS ANIMAL FEED OR PROCESSED INTO SKIMMED-MILK POWDER IS INCOMPATIBLE WITH COMMUNITY LAW IN SO FAR AS THAT DIFFERENTIAL PRICING AMOUNTS TO THE SETTING OF A HIGHER PRICE FOR LIQUID SKIMMED MILK USED FOR ANIMAL FEED , WHICH INTERFERES WITH THE EFFICIENT FUNCTIONING OF THE COMMUNITY AID SCHEMES INTENDED TO ENCOURAGE SUCH A USE OF THE PRODUCT IN QUESTION .
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SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION APPLICABLE - LEGISLATION OF THE MEMBER STATE IN WHICH THE WORKER WAS LAST EMPLOYED - NO ACTIVITY CARRIED ON FOR A SUBSTANTIAL PERIOD - IMMATERIAL - SIMULTANEOUS APPLICATION OF MORE THAN ONE NATIONAL LEGISLATIVE SYSTEM - NOT POSSIBLE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 13 ( 2 ) ( A ))

Summary

ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT A WORKER WHO CEASES TO CARRY ON AN ACTIVITY IN THE TERRITORY OF A MEMBER STATE AND WHO HAS NOT GONE TO WORK IN THE TERRITORY OF ANOTHER MEMBER STATE CONTINUES TO BE SUBJECT TO THE LEGISLATION OF THE MEMBER STATE IN WHICH HE WAS LAST EMPLOYED , REGARDLESS OF THE LENGTH OF TIME WHICH HAS ELAPSED SINCE THE TERMINATION OF THE ACTIVITY IN QUESTION AND THE END OF THE EMPLOYMENT RELATIONSHIP .

THE EFFECT OF DETERMINING THAT A GIVEN MEMBER STATE ' S LEGISLATION IS THE LEGISLATION APPLICABLE TO A WORKER PURSUANT TO ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 IS THAT ONLY THE LEGISLATION OF THAT MEMBER STATE IS APPLICABLE TO HIM .
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COMMON CUSTOMS TARIFF - EXEMPTION FROM IMPORT DUTIES - SCIENTIFIC INSTRUMENTS AND APPARATUS - PRIMARILY OR EXCLUSIVELY SUITED TO SCIENTIFIC ACTIVITIES - CRITERION

( REGULATION NO 1798/75 OF THE COUNCIL, ART . 3 ( 3 ), AS AMENDED BY REGULATION NO 1027/79 )

Summary

THE CRITERION OF BEING MAINLY OR EXCLUSIVELY SUITED TO SCIENTIFIC ACTIVITIES PROVIDED FOR BY ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS, AS AMENDED BY REGULATION NO 1027/79, MUST BE UNDERSTOOD AS REQUIRING ONLY THAT THE INSTRUMENT OR APPARATUS MUST BE PRIMARILY SUITABLE FOR SCIENTIFIC ACTIVITIES WITHOUT EXCLUDING THE POSSIBILITY THAT IT MIGHT ALSO BE SUITABLE, SECONDARILY, FOR OTHER PURPOSES, SUCH AS, FOR EXAMPLE, INDUSTRIAL USE .
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COMMON CUSTOMS TARIFF - CUSTOMS VALUE - TRANSACTION VALUE - DETERMINATION - ARRIVAL CONTRACTS - WEIGHING COSTS PAID BY THE IMPORTER - NOT INCLUDED

( COUNCIL REGULATION NO 1224/80 , ART . 3 ( 1 ) AND ( 3 ))

Summary

ARTICLE 3 ( 1 ) AND ( 3 ) OF REGULATION NO 1224/80 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES MUST BE INTERPRETED AS EXCLUDING FROM THE TRANSACTION VALUE THE COST OF ESTABLISHING THE WEIGHT OF THE GOODS ON ARRIVAL , WHERE THAT COST IS TO BE BORNE BY THE BUYER , IN THE CASE OF WHAT IS KNOWN AS AN ARRIVAL CONTRACT .
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1 . FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF PUBLIC HEALTH - POWERS OF THE MEMBER STATES - LIMITS

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MEDICINAL PRODUCTS - RESTRICTIONS ON THE SUPPLY OF PHARMACIES BY AN IMPORTER ESTABLISHED IN ANOTHER MEMBER STATE - NOT PERMISSIBLE - CONDITIONS - JUSTIFICATION - PROTECTION OF PUBLIC HEALTH - ABSENCE

( EEC TREATY , ARTS 30 AND 36 )

Summary

1 . IN THE ABSENCE OF A SUFFICIENT DEGREE OF HARMONIZATION AT COMMUNITY LEVEL , EVERY MEMBER STATE IS ENTITLED TO ADOPT APPROPRIATE MEASURES IN ORDER TO ENSURE THE PROTECTION OF PUBLIC HEALTH ON ITS TERRITORY . HOWEVER , SUCH MEASURES ARE JUSTIFIED ONLY IF IT CAN BE SHOWN THAT THEY ARE NECESSARY FOR THE ATTAINMENT OF THAT OBJECTIVE , REFERRED TO IN ARTICLE 36 OF THE TREATY , AND THAT SUCH OBJECTIVE CANNOT BE ATTAINED BY MEASURES WHICH ARE LESS RESTRICTIVE OF INTRA-COMMUNITY TRADE .

2 . THE IMPOSITION BY THE AUTHORITIES OF A MEMBER STATE ON AN IMPORTER OF MEDICINAL PRODUCTS , WHOSE HEADQUARTERS ARE SITUATED IN ANOTHER MEMBER STATE AND WHO WISHES TO SUPPLY DIRECTLY PHARMACIES IN THE FIRST MEMBER STATE , OF A REQUIREMENT TO HAVE AT HIS DISPOSAL ON ITS TERRITORY PREMISES FOR STORAGE AND TECHNICAL EQUIPMENT WHEN THE IMPORTER COMPLIES WITH THE CONDITIONS LAID DOWN IN THAT REGARD BY THE LAW OF THE MEMBER STATE IN WHICH HIS HEADQUARTERS ARE SITUATED CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS PROHIBITED BY ARTICLE 30 OF THE TREATY AND IS NOT JUSTIFIED ON THE GROUND OF THE PROTECTION OF PUBLIC HEALTH WITHIN THE MEANING OF ARTICLE 36 .
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OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - CREDITING OF ADDITIONAL SENIORITY - METHOD OF CALCULATION - TAKING INTO ACCOUNT OF BASIC SALARY AT THE TIME OF ESTABLISHMENT AS AN OFFICIAL - PREVIOUS RECRUITMENT AS A MEMBER OF THE TEMPORARY STAFF - NO EFFECT

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

Summary

THE BASIC SALARY ON THE DATE OF ESTABLISHMENT AS AN OFFICIAL IS THE SALARY TO BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF CALCULATING THE ADDITIONAL SENIORITY TO BE CREDITED TO AN OFFICIAL WHO EXERCISES THE RIGHT PROVIDED FOR IN ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS TO TRANSFER TO THE COMMUNITY PENSION SCHEME PENSION RIGHTS ACQUIRED BEFORE HIS ENTRY INTO THE SERVICE OF THE COMMUNITIES . POSSIBLE DIFFERENCES IN TREATMENT BETWEEN TWO PERSONS WHO ENTERED THE SERVICE OF THE COMMUNITIES AT THE SAME TIME AND IN THE SAME GRADE BUT ONE OF WHOM WAS INITIALLY RECRUITED AS A MEMBER OF THE TEMPORARY STAFF AND THE OTHER IM MEDIATELY AS AN OFFICIAL DO NOT PRECLUDE SUCH AN INTERPRETATION SINCE THE DIFFERENCES BETWEEN OFFICIALS AND MEMBERS OF THE TEMPORARY STAFF COVERED BY THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES AS REGARDS GUARANTEED RIGHTS AND SOCIAL SECURITY BENEFITS , IN PARTICULAR THE RIGHT TO A RETIREMENT PENSION , PREVENT THE POSITIONS OF THE TWO CATEGORIES OF PERSONS FROM BEING COMPARED . NOR IS SUCH AN INTERPRETATION PRECLUDED BY THE FACT THAT , UNDER ARTICLE 40 OF THOSE CONDITIONS , THE PERIOD OF SERVICE ON THE TEMPORARY STAFF IS TAKEN INTO ACCOUNT FOR THE PURPOSE OF CALCULATING YEARS OF PENSIONABLE SERVICE .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADING - CLASSIFICATION OF GOODS - CRITERIA - ACTUAL USE OF GOODS - PERMISSIBILITY

2 . COMMON CUSTOMS TARIFF - TARIFF HEADING - CLASSIFICATION OF JEANS

Summary

1 . THE INTENDED USE OF GOODS , WHICH IS NOT AN INHERENT QUALITY OF THE GOODS , CANNOT BE USED AS AN OBJECTIVE CRITERION FOR THE PURPOSES OF THEIR COMMON CUSTOMS TARIFF CLASSIFICATION AT THE TIME OF IMPORTATION SINCE IT IS IMPOSSIBLE AT THAT TIME TO DETERMINE THE ACTUAL USE TO WHICH THE GOODS WILL BE PUT . AS A RESULT , THE ACTUAL USE OF GOODS CANNOT BE RELIED ON IN ORDER TO DETERMINE THEIR COMMON CUSTOMS TARIFF CLASSIFICATION .

2 . ON 23 DECEMBER 1975 THE COMMON CUSTOMS TARIFF WAS TO BE INTERPRETED TO THE EFFECT THAT TRADITIONAL-STYLE JEANS WITH A FRONT FASTENING FROM LEFT TO RIGHT WERE TO CLASSIFIED UNDER TARIFF HEADING NO 61.01 AS MEN ' S OUTER GARMENTS .
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1 . OFFICIALS - ACTION - PRELIMINARY ADMINISTRATIVE COMPLAINT - SAME SUBJECT-MATTER AND LEGAL BASIS

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITIONS - COMPETITION INTENDED TO REGULARIZE THE ADMINISTRATIVE POSITION OF A PARTICULAR OFFICIAL - MISUSE OF POWERS

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - INDEPENDENCE - LIMITS - ADOPTION OF UNLAWFUL DECISIONS - DUTIES OF THE APPOINTING AUTHORITY

Summary

1 . IN REQUIRING A PRIOR ADMINISTRATIVE COMPLAINT ARTICLE 91 OF THE STAFF REGULATIONS IS INTENDED TO PERMIT AND ENCOURAGE THE AMICABLE SETTLEMENT OF DIFFERENCES WHICH HAVE ARISEN BETWEEN OFFICIALS AND THE ADMINISTRATION . IN ORDER TO COMPLY WITH THAT REQUIREMENT IT IS ESSENTIAL THAT THE ADMINISTRATION SHOULD BE IN A POSITION TO KNOW WITH SUFFICIENT CERTAINTY THE COMPLAINTS OR REQUESTS OF THE PERSON CONCERNED . ON THE OTHER HAND , IT IS NOT THE PURPOSE OF THAT PROVISION TO BIND STRICTLY AND ABSOLUTELY THE CONTENTIOUS STAGE OF THE PROCEEDINGS , IF ANY , PROVIDED THAT THE CLAIMS SUBMITTED AT THAT STAGE CHANGE NEITHER THE LEGAL BASIS NOR THE SUBJECT-MATTER OF THE COMPLAINT . CONSEQUENTLY , IT IS SUFFICIENT THAT THE OFFICIAL OR MEMBER OF THE STAFF CONCERNED SHOULD SUBMIT TO THE COURT CLAIMS WHICH HAVE THE SAME SUBJECT-MATTER AS THOSE SET OUT IN THE COMPLAINT AND SECONDLY THAT THE HEADS OF CLAIM SHOULD BE BASED ON THE SAME MATTERS AS THOSE RELIED ON IN THE COMPLAINT .

2 . A COMPETITION ORGANIZED BY THE APPOINTING AUTHORITY FOR THE SOLE PURPOSE OF REMEDYING THE ANOMALOUS ADMINISTRATIVE STATUS OF A SPECIFIC OFFICIAL AND OF APPOINTING THAT OFFICIAL TO THE POST DECLARED VACANT IS CONTRARY TO THE AIMS OF ANY RECRUITMENT PROCEDURE AND THUS CONSTITUTES A MISUSE OF POWERS .

3 . IN VIEW OF THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION IN QUESTION HAS NO POWER TO ANNUL OR AMEND THE SELECTION BOARD ' S DECISION . NEVERTHELESS , IN THE EXERCISE OF ITS OWN POWERS , THE APPOINTING AUTHORITY CANNOT BE BOUND BY A DECISION OF THE SELECTION BOARD THE UNLAWFULNESS OF WHICH WOULD BE LIABLE AS A CONSEQUENCE TO VITIATE ITS OWN DECISIONS . IT THEREFORE HAS TO VERIFY THE LEGALITY OF DECISIONS TAKEN BY THE SELECTION BOARD AS REGARDS IN PARTICULAR ALLOWING CANDIDATES TO TAKE PART IN COMPETITIONS . WHERE THE SELECTION BOARD HAS WRONGLY ALLOWED A CANDIDATE TO TAKE PART IN A COMPETITION AND PUT HIS NAME ON THE LIST OF SUITABLE CANDIDATES , THE APPOINTING AUTHORITY MUST EXPRESS ITS REFUSAL TO APPOINT THE CANDIDATE BY WAY OF A REASONED DECISION FROM WHICH THE COURT CAN , IF NECESSARY , JUDGE WHETHER THE REFUSAL IS WELL FOUNDED .
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1 . OFFICIALS - ADVERSE DECISION - DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL - OBLIGATION TO STATE REASONS - PURPOSE - SCOPE - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS , SECOND PARAGRAPH OF ART . 25 )

2 . OFFICIALS - RECRUITMENT - NOTICE OF VACANT POST - PURPOSE - PROTECTION OF THE INTERESTS OF THE STAFF OF THE COMMUNITIES AND NOT OF EXTERNAL CANDIDATES - PROBATIONARY OFFICIAL ASSIGNED TO A POST DIFFERENT FROM THAT TO WHICH THE VACANCY NOTICE RELATES

( STAFF REGULATIONS , SECOND PARAGRAPH OF ART . 4 AND ART . 29 ( 1 )

3 . OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DURATION LAID DOWN IN THE STAFF REGULATIONS - EXTENSION WITH THE AGREEMENT OF THE PROBATIONARY OFFICIAL CONCERNED - INFRINGEMENT OF ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS - NONE

( STAFF REGULATIONS , ART . 34 ( 1 ))

Summary

1 . THE PURPOSE OF THE OBLIGATION TO STATE THE REASONS ON WHICH AN ADVERSE DECISION IS BASED IS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH SUFFICIENT DETAILS TO ENABLE HIM TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL FOUNDED . MORE PARTICULARLY , IN THE CASE OF A DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL , THE STATEMENT OF REASONS MUST INDICATE THE ESSENTIAL CONSIDERATIONS WHICH LED THE INSTITUTION TO CONCLUDE THAT THE PROFESSIONAL ABILITIES AND CONDUCT OF THE PROBATIONARY OFFICIAL DID NOT JUSTIFY HIS ESTABLISHMENT . SINCE ONLY THE ADMINISTRATION HAS THE POWER TO ASSESS THE MERITS OF OFFICIALS , THE COURT , IN EXERCISING ITS POWERS OF REVIEW , NEED NOT CONSIDER THE EXPERTS ' OPINIONS PRODUCED IN ORDER TO DEMONSTRATE THOSE MERITS OR ORDER SUCH EXPERTS ' REPORTS .

2 . THE SECOND PARAGRAPH OF ARTICLE 4 OF THE STAFF REGULATIONS , WHICH CONCERNS THE INTERNAL PUBLICATION OF VACANT POSTS , IS TO BE READ IN CONJUNCTION WITH ARTICLE 29 ( 1 ) OF THE STAFF REGULATIONS , WHICH FIXES THE ORDER IN WHICH THE INSTITUTIONS MUST EXAMINE THE VARIOUS POSSIBILITIES OF FILLING VACANT POSTS , GIVING PRIORITY IN THIS REGARD TO THE STAFF OF THE COMMUNITIES OVER EXTERNAL CANDIDATES . SINCE THE PURPOSE OF THAT PROVISION IS TO PROTECT THE INTERESTS OF THE STAFF OF THE INSTITUTION , EXTERNAL CANDIDATES MAY NOT PLEAD BREACH OF THAT PROVISION SO THAT A PROBATIONARY OFFICIAL ASSIGNED TO A POST DIFFERENT FROM THAT TO WHICH THE VACANCY NOTICE RELATES MAY NOT CLAIM THAT HE HAS BEEN ASSIGNED UNLAWFULLY .

3 . IT IS NOT AN INFRINGEMENT OF ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS FOR THE APPOINTING AUTHORITY TO DECIDE , WITH THE CONSENT OF THE PROBATIONARY OFFICIAL , TO EXTEND HIS PROBATIONARY PERIOD IN DEROGATION FROM THAT PROVISION , IN ORDER TO GIVE HIM A FURTHER OPPORTUNITY TO SHOW THAT HE POSSESSES PROFESSIONAL ABILITIES WHICH HE HAD NOT SATISFACTORILY DEMONSTRATED DURING THE PROBATIONARY PERIOD . SINCE IT IS A DECISION WHICH GIVES HIM AN ADVANTAGE WHICH HE FREELY ACCEPTS , HE MAY NOT PLEAD THAT THE DECISION SHOULD NOT HAVE BEEN ADOPTED .
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1 . OBJECTION OF ILLEGALITY - MEASURES AGAINST WHICH AN OBJECTION OF ILLEGALITY MAY BE RAISED - INDIVIDUAL DECISIONS - EXCLUSION

( ECSC TREATY , ART . 36 , THIRD PARAGRAPH )

2 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION AND DELIVERY QUOTAS FOR STEEL - EXCEEDING OF QUOTAS - FINE - CIRCUMSTANCES JUSTIFYING THE ANNULMENT OR REDUCTION OF THE FINE

( ECSC TREATY , ART . 58 ; GENERAL DECISIONS NOS 1831/81 AND 1696/82 )
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OFFICIALS - LEAVE ON PERSONAL GROUNDS - REINSTATEMENT - ASSIGNMENT TO NEW TASKS AFTER REORGANIZATION OF THE DEPARTMENT - PERMISSIBILITY - CONDITIONS - SAME GRADE AND DUTIES CORRESPONDING TO THAT GRADE
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT - PRESCRIBED PERIOD - STARTING DATE - DATE OF DEPOSIT OF REQUEST TOGETHER WITH SUFFICIENT SUPPORTING DOCUMENTS

( COMMISSION REGULATION NO 1371/81, ART . 17 ( 3 ) )

2 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT - TO BE APPRAISED IN RELATION TO THE PROVISIONS OF THE REGULATION IN WHICH THE TERM APPEARS .

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT - PRESCRIBED PERIOD - FAILURE TO COMPLY - ADMINISTRATIVE DIFFICULTIES - FORCE MAJEURE MAY NOT BE RELIED UPON .

( COMMISSION REGULATION NO 1371/81, ART . 17 ( 3)(A ) )

Summary

1 . ARTICLE 17 ( 3 ) OF COMMISSION REGULATION NO 1371/81 MUST BE INTERPRETED AS MEANING THAT THE TWO-MONTH PERIOD PRESCRIBED FOR THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS STARTS TO RUN ON THE DAY FOLLOWING THAT ON WHICH THE REQUEST FOR PAYMENT, TOGETHER WITH THE OTHER REQUISITE DOCUMENTS, IS DEPOSITED WITH THE COMPETENT NATIONAL AUTHORITY .

2 . THE CONCEPT OF FORCE MAJEURE MUST BE UNDERSTOOD AS REFERRING TO UNUSUAL AND UNFORESEEABLE CIRCUMSTANCES, BEYOND THE CONTROL OF THE PARTY BY WHOM IT IS PLEADED, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED . THAT CONCEPT MUST BE CONSIDERED IN RELATION TO THE PROVISIONS OF EACH REGULATION IN WHICH THE TERM APPEARS .

3 . THE NATIONAL AUTHORITY RESPONSIBLE FOR PAYING MONETARY COMPENSATORY AMOUNTS MAY NOT PLEAD FORCE MAJEURE UNDER ARTICLE 17 ( 3 ) ( A ) OF REGULATION NO 1371/81 ON THE GROUND THAT IT HAD INSUFFICIENT STAFF AVAILABLE, NOTWITHSTANDING A SUDDEN SHARP INCREASE IN THE NUMBER OF REQUESTS FOR PAYMENT OF MONETARY COMPENSATORY AMOUNTS AND THE ALLEGED SPECIAL CHARACTERISTICS OF THE AGRICULTURAL SECTOR IN QUESTION .
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OFFICIALS - ACTION - INTEREST IN BRINGING PROCEEDINGS - APPLICATION FOR ANNULMENT OF THE APPOINTMENT OF ANOTHER OFFICIAL - NO PERSONAL CLAIMS AND NO VESTED AND PRESENT INTERESTS - INADMISSIBILITY

( STAFF REGULATIONS, ART . 91 ( 1 )*)

Summary

ACCORDING TO ARTICLE 91 ( 1 ) OF THE STAFF REGULATIONS, ONLY ACTIONS DIRECTED AGAINST AN ACT ADVERSELY AFFECTING THE APPLICANT, IN THE SENSE THAT IT DIRECTLY AND IMMEDIATELY AFFECTS THE APPLICANT' S LEGAL SITUATION, ARE ADMISSIBLE . THUS WHEN AN OFFICIAL BRINGS AN ACTION FOR THE ANNULMENT OF THE APPOINTMENT OF ANOTHER OFFICIAL HE MAY PUT FORWARD ONLY SUCH CLAIMS AS RELATE TO HIM PERSONALLY FOR HE IS NOT ENTITLED TO ACT IN THE INTERESTS OF THE LAW OR OF THE INSTITUTIONS AND MAY NOT MERELY RELY ON FUTURE AND HYPOTHETICAL INTERESTS .
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SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7 - ARTICLE 4 ( 1 ) - DIRECT EFFECT - SCOPE

( COUNCIL DIRECTIVE 79/7, ART . 4 ( 1 )*)

Summary

WHERE COUNCIL DIRECTIVE 79/7 HAS NOT BEEN IMPLEMENTED, ARTICLE 4 ( 1 ) OF THE DIRECTIVE, WHICH PROHIBITS ALL DISCRIMINATION ON GROUNDS OF SEX IN MATTERS OF SOCIAL SECURITY, COULD BE RELIED ON AS FROM 23 DECEMBER 1984 IN ORDER TO PRECLUDE THE APPLICATION OF ANY NATIONAL PROVISION INCONSISTENT WITH IT .

IN THE ABSENCE OF MEASURES IMPLEMENTING ARTICLE 4 ( 1 ) OF THE DIRECTIVE WOMEN ARE ENTITLED TO HAVE THE SAME RULES APPLIED TO THEM AS ARE APPLIED TO MEN WHO ARE IN THE SAME SITUATION, SINCE, WHERE THE DIRECTIVE HAS NOT BEEN IMPLEMENTED, THOSE RULES REMAIN THE ONLY VALID POINT OF REFERENCE .
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1 . STATE AID - PROVISIONS OF THE TREATY - SCOPE - NATIONAL RULES PURSUING GENERAL OBJECTIVES OF CONJUNCTURAL POLICY - CONSIDERATION ONLY OF THE EFFECTS OF THOSE RULES

( EEC TREATY, ARTS 92 AND 103 )

2 . STATE AID - PROHIBITED - EXCEPTIONS - AID WHICH MAY BE REGARDED AS COMPATIBLE WITH THE COMMON MARKET - COMMISSION' S DISCRETION - REFERENCE TO COMMUNITY CONTEXT

( EEC TREATY, ART . 92 ( 3 )*)

3 . STATE AID - AID PROJECTS - IMPLEMENTATION BEFORE THE COMMISSION' S FINAL DECISION - ORDER TO NATIONAL AUTHORITIES TO RECOVER AID INCOMPATIBLE WITH THE COMMON MARKET - BREACH IN REGARD TO THE BENEFICIARIES OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS - NONE

( EEC TREATY, ART . 93 ( 2 ) AND ( 3 )*)

Summary

1 . THE AIM OF ARTICLE 92 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 . THAT ARTICLE 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, WITH THE RESULT THAT THE GENERAL OBJECTIVES OF NATIONAL RULES, SUCH AS THOSE LAYING DOWN MEASURES OF CONJUNCTURAL POLICY WITHIN THE MEANING OF ARTICLE 103 OF THE TREATY, ARE NOT IN THEMSELVES SUFFICIENT TO PUT THOSE RULES OUTSIDE THE SCOPE OF ARTICLE 92 .

2 . IN THE APPLICATION OF ARTICLE 92 ( 3 ), THE COMMISSION HAS A DISCRETION THE EXERCISE OF WHICH INVOLVES ECONOMIC AND SOCIAL ASSESSMENTS WHICH MUST BE MADE IN A COMMUNITY CONTEXT . THE COMMISSION IN NO WAY EXCEEDED THE LIMITS OF ITS DISCRETION BY CONSIDERING THAT THE GRANTING OF AID FOR AN INVESTMENT WHICH INCREASES PRODUCTION CAPACITY IN A SECTOR IN WHICH THERE IS ALREADY CONSIDERABLE OVER-PRODUCTION IS CONTRARY TO THE COMMON INTEREST AND THAT AID OF THAT SORT IS NOT OF SUCH A NATURE AS TO PROMOTE THE ECONOMIC DEVELOPMENT OF THE AREA AT ISSUE .

3 . WHERE, CONTRARY TO THE PROVISIONS OF ARTICLE 93 ( 3 ) OF THE TREATY, A MEMBER STATE GRANTS THE PROPOSED AID BEFORE THE END OF THE PROCEDURE INITIATED BY THE COMMISSION, THE LATTER' S DECISION THAT THE AID WHICH HAS BEEN GRANTED IS INCOMPATIBLE WITH THE COMMON MARKET MAY INCLUDE AN ORDER TO THE NATIONAL AUTHORITIES TO RECOVER THE AID WITHOUT THE BENEFICIARY THEREOF BEING ABLE TO RELY ON A BREACH OF A LEGITIMATE EXPECTATION IN REGARD TO THAT DECISION, PROVIDED THAT THERE COULD BE NO DOUBT ON THE PART OF THE SAID BENEFICIARY AS TO THE SCOPE OF THE COMMUNITY RULES .