ddrg/super_eurlex huggingface dataset:
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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - CALCULATION OF BENEFITS - APPLICATION OF THE SYSTEM PROVIDED FOR BY ARTICLES 27 AND 28 OF REGULATION NO 3 - THE BENEFICIARY'S OBJECTIVE SITUATION TO BE CONSIDERED

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - SYSTEM BASED ON INSURANCE PERIODS - AMOUNT OF RETIREMENT PENSION VARYING SOLELY ACCORDING TO INSURANCE PERIODS COMPLETED - RIGHT TO A PENSION ACQUIRED BY A CLAIMANT WITHOUT AGGREGATION OF COMPLETED PERIODS - ARTICLES 27 AND 28 OF REGULATION NO 3 NOT APPLICABLE

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - RIGHT TO A PENSION ACQUIRED BY A CLAIMANT WITHOUT AGGREGATION OF COMPLETED PERIODS - ACCUMULATION OF BENEFITS AS A RESULT OF OVERLAPPING OF INSURANCE PERIODS ACTUALLY COMPLETED IN ONE STATE WITH NOTIONAL PERIODS IN ANOTHER STATE - POSSIBILITY FOR THAT SECOND STATE TO DEDUCT NOTIONAL PERIODS FROM PERIODS ACTUALLY COMPLETED - EXCLUSIVE COMPETENCE OF THE NATIONAL AUTHORITY

Summary

1 . CF . PARAGRAPH 1, SUMMARY, CASE 11/67 . ( 1967 ) ECR 379 .

THE APPLICATION TO A MIGRANT WORKER OF THE PROVISIONS OF ARTICLES 27 AND 28 OF REGULATION N . 3 DOES NOT DEPEND UPON THE FREE CHOICE OF THE PERSON CONCERNED BUT UPON HIS OBJECTIVE SITUATION .

*/ 667J0011 /*.

2 . CF . PARAGRAPH 2, SUMMARY, CASE 11/67 . ( 1967 ) ECR 379 .

AT LEAST IN THOSE SYSTEMS BASED ON INSURANCE PERIODS UNDER WHICH THE AMOUNT OF THE RETIREMENT PENSION VARIES IN PROPORTION SOLELY TO THE INSURANCE PERIODS WHICH HAVE BEEN COMPLETED ARTICLES 27 AND 28 OF REGULATION N . 3 DO NOT APPLY TO A MIGRANT WORKER WHO, IN ORDER TO ACQUIRE THE RIGHT TO BENEFIT, DOES NOT HAVE TO RESORT TO AGGREGATION IN ANY OF THE MEMBER STATES IN WHICH HE HAS COMPLETED INSURANCE PERIODS .

*/ 667J0011 /*.

3 . WHEN A MIGRANT WORKER ACQUIRES A RIGHT TO A PENSION WITHOUT AGGREGATION OF THE PERIODS COMPLETED AND WHEN BENEFITS IN RESPECT OF INSURANCE PERIODS ACTUALLY COMPLETED IN ONE STATE ARE PAYABLE IN RELATION TO ONE SINGLE PERIOD AT THE SAME TIME AS BENEFITS IN RESPECT OF NOTIONAL PERIODS IN ANOTHER MEMBER STATE, IT MUST BE PERMISSIBLE FOR A STATE WHOSE LEGISLATION PROVIDES FOR NOTIONAL PERIODS IN FAVOUR OF THE INSURED PERSON TO DEDUCT FROM SUCH PERIODS THE PERIODS ACTUALLY COMPLETED IN ANOTHER MEMBER STATE, WITHOUT ITS BEING POSSIBLE TO CONSIDER THIS PROCEDURE AS CONTRARY TO ARTICLE 51 OF THE TREATY . HOWEVER, IT IS FOR THE NATIONAL AUTHORITY TO WHICH THE SOCIAL SECURITY INSTITUTION IS RESPONSIBLE AND NOT THE COMMUNITY AUTHORITY TO DECIDE ON THIS ON THE BASIS OF ITS OWN LEGISLATION .
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1 . OFFICIALS - POST - RE-ASSESSMENT OF POST

2 . OFFICIALS - POST - NO RIGHT TO A PARTICULAR POST

3 . OFFICIALS - PROMOTION - NO OBLIGATION TO STATE REASONS - PROOF OF INADEQUACY OF REASONS TO BE PROVIDED BY THE PERSON ALLEGING IT

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 45 )

Summary

1 . THERE IS NO PROVISION IN THE STAFF REGULATIONS EITHER FOR RE-ASSESSMENT OR FOR RE-CLASSIFICATION AS SUCH . UNDER THE PROVISIONS OF THE STAFF REGULATIONS, THE CAREER OF AN OFFICIAL PROGRESSES ON THE BASIS OF A SYSTEM OF CATEGORIES AND CONSECUTIVE GRADES, COMMENCING WITH THE GRADE IN WHICH HE WAS RECRUITED .

2 . THE STAFF REGULATIONS DO NOT GIVE OFFICIALS A RIGHT TO ANY PARTICULAR POST; ON THE CONTRARY, THEY LEAVE TO THE APPOINTING AUTHORITY THE POWER TO ASSIGN OFFICIALS IN THE INTERESTS OF THE SERVICE TO THE VARIOUS POSTS WHICH CORRESPOND TO THEIR GRADE .

3 . ARTICLE 45 DOES NOT COMPEL THE APPOINTING AUTHORITY TO STATE THE REASONS FOR DECISIONS RELATING TO PROMOTION, IN PARTICULAR WITH REGARD TO UNSUCCESSFUL CANDIDATES .

IT IS FOR THE PARTY CLAIMING THAT SUCH A DECISION HAS NO ADEQUATE BASIS TO GIVE GROUNDS FOR OR SUPPLY PROOF OF HIS ALLEGATION .
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1 . OFFICIAL OF THE EAEC - PRIVILEGES AND IMMUNITIES - IMMUNITY FROM LEGAL PROCEEDINGS - OBJECT

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, ARTICLE 12(A ))

2 . OFFICIAL OF THE EAEC - PRIVILEGES AND IMMUNITIES - IMMUNITY FROM LEGAL PROCEEDINGS - EXTENT - DRIVING OF A MOTOR VEHICLE

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, ARTICLE 12(A ))

Summary

1 . THE IMMUNITY FROM LEGAL PROCEEDINGS REFERRED TO IN ARTICLE 12(A ) OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES ( ARTICLE 11(A ) OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EAEC ) IS INTENDED TO ENSURE THAT THE OFFICIAL ACTIVITY OF THE COMMUNITY AND OF ITS SERVANTS IS SHIELDED FROM EXAMINATION IN THE LIGHT OF ANY CRITERIA BASED ON THE DOMESTIC LAW OF MEMBER STATES SO THAT THE COMMUNITY MAY ACCOMPLISH ITS TASK IN COMPLETE INDEPENDENCE .

2 . ( A ) THE IMMUNITY FROM LEGAL PROCEEDINGS ONLY COVERS ACTS WHICH, BY THEIR NATURE, REPRESENT A PARTICIPATION OF THE PERSON ENTITLED TO THE IMMUNITY IN THE PERFORMANCE OF THE TASKS OF THE INSTITUTION TO WHICH HE BELONGS; IN THIS RESPECT THERE IS NO NECESSITY TO DISTINGUISH BETWEEN THE ACTUAL EXERCISE OF NORMAL DUTIES OR THOSE PRESCRIBED UNDER THE STAFF REGULATIONS AND AN ACT PERFORMED ON THE OCCASION OF THE EXERCISE OF THOSE DUTIES IF THE POSITION IS THAT THE ACT IN QUESTION SERVES DIRECTLY FOR THE ACCOMPLISHMENT OF A COMMUNITY TASK .

( B ) DRIVING A MOTOR VEHICLE CANNOT BE COVERED BY IMMUNITY FROM LEGAL PROCEEDINGS SAVE IN THE EXCEPTIONAL CASES IN WHICH THIS ACTIVITY CANNOT BE CARRIED OUT OTHERWISE THAN UNDER THE AUTHORITY OF THE COMMUNITY AND BY ITS OWN SERVANTS .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - MEASURE ADVERSELY AFFECTING AN OFFICIAL - CONCEPT

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

2 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - UNLIMITED JURISDICTION OF THE COURT - ITS RESTRICTION TO CASES COVERED BY THE FIRST SENTENCE OF ARTICLE 91(1 ) OF THE STAFF REGULATIONS OF OFFICIALS

Summary

1 . ONLY MEASURES CAPABLE OF DIRECTLY AFFECTING A SPECIFIC LEGAL SITUATION MAY BE CONSIDERED AS HAVING AN ADVERSE EFFECT .

2 . THE FIRST SENTENCE OF ARTICLE 91(1 ) GOVERNS THE SECOND SO THAT THIS PROVISION ONLY CONFERS UNLIMITED JURISDICTION ON THE COURT WHERE THERE IS A DISPUTE WITHIN THE MEANING OF THE FIRST SENTENCE .
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1 . OFFICIALS - ACCOUNTING OFFICER - INDEPENDENCE OF DUTIES - CONCEPT

( FINANCIAL REGULATION, ARTICLE 22, DECISION OF 30 JULY 1968, ARTICLE 2 )

2 . OFFICIALS - FINANCIAL CONTROLLER AND ACCOUNTING OFFICER - EQUIVALENCE OF DUTIES - NONE

( FINANCIAL REGULATION, ARTICLE 24 )

Summary

1 . THE INDEPENDENCE OF THE ACCOUNTING OFFICER, AS REGARDS THE PERFORMANCE OF HIS DUTIES, FROM THOSE WHOSE AUTHORIZATIONS OF EXPENDITURE HE HAS TO VERIFY, DOES NOT NECESSARILY MEAN THAT THERE CAN BE NO DIFFERENCE IN RANK WITHIN THE SERVICE BETWEEN HIM AND THEM, BUT MERELY THAT HE IS NOT SUBORDINATE TO ANY SUPERIOR IN THE ACTUAL PERFORMANCE OF HIS DUTIES .

2 . NO EQUIVALENCE EXISTS BETWEEN THE DUTIES OF A FINANCIAL CONTROLLER AND THOSE OF AN ACCOUNTING OFFICER SUCH AS TO JUSTIFY THEIR BEING GIVEN AN EQUAL GRADING .
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1 . PROCEDURE - PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS - TASK OF THE NATIONAL COURTS

( EEC TREATY, ARTICLE 177 )

2 . POLICY OF THE EEC - RULES ON COMPETITION - AGREEMENTS - NOTIFICATION - PROHIBITION OF AN AGREEMENT NOTIFIED - CONDITION OF PROHIBITION

( EEC TREATY, ARTICLE 85; REGULATION NO 17/62 OF THE COUNCIL )

3 . POLICY OF THE EEC - RULES ON COMPETITION - AGREEMENTS - NOTIFICATION - VALIDITY OF AGREEMENTS NOTIFIED - EFFECTS OF THIS VALIDITY

( EEC TREATY, ARTICLE 85; REGULATION NO 17/62 OF THE COUNCIL, ARTICLE 15(6 ))

Summary

1 . ARTICLE 177 OF THE TREATY, BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE, DOES NOT PERMIT THE LATTER TO TAKE COGNIZANCE OF THE FACTS OF THE CASE OR TO PASS JUDGMENT ON THE REASONS FOR REQUESTS FOR INTERPRETATION . THE QUESTION WHETHER THE PROVISIONS OR CONCEPTS OF COMMUNITY LAW, WHOSE INTERPRETATION IS REQUESTED, ARE IN FACT APPLICABLE TO THE CASE IN QUESTION, LIES OUTSIDE THE JURISDICTION OF THE COURT OF JUSTICE AND FALLS WITHIN THE JURISDICTION OF THE NATIONAL COURT . WHERE A COURT OR TRIBUNAL REQUESTS THE INTERPRETATION OF A COMMUNITY PROVISION OR OF A LEGAL CONCEPT CONNECTED WITH IT, IT MUST BE ASSUMED THAT THAT COURT OR TRIBUNAL CONSIDERS SUCH INTERPRETATION NECESSARY TO THE SOLUTION OF THE DISPUTE BEFORE IT .

2 . THE QUESTION WHETHER AN AGREEMENT NOTIFIED IN ACCORDANCE WITH REGULATION NO 17 IS IN FACT PROHIBITED DEPENDS UPON THE APPRAISAL OF ECONOMIC AND LEGAL FACTORS WHICH CANNOT BE ASSUMED TO BE PRESENT IN THE ABSENCE OF AN EXPLICIT FINDING THAT THE INDIVIDUAL AGREEMENT IN QUESTION NOT ONLY CONTAINS ALL THE FACTORS MENTIONED IN ARTICLE 85(1 ), BUT DOES NOT QUALIFY FOR THE EXEMPTION PROVIDED BY ARTICLE 85(3 ). SO LONG AS SUCH A FINDING HAS NOT BEEN MADE, EVERY AGREEMENT DULY NOTIFIED MUST BE CONSIDERED VALID .

3 . IT WOULD BE CONTRARY TO THE GENERAL PRINCIPLE OF LEGAL CERTAINTY TO CONCLUDE THAT, BECAUSE AGREEMENTS NOTIFIED ARE NOT FINALLY VALID SO LONG AS THE COMMISSION HAS MADE NO DECISION ON THEM UNDER ARTICLE 85(3 ) OF THE TREATY, THEY ARE NOT COMPLETELY EFFICACIOUS .

WHERE, HOWEVER, ARTICLE 15(6 ) OF REGULATION NO 17/62 HAS BEEN APPLIED, ANY PARTIES WHO PROCEED WITH THE IMPLEMENTATION OF SUCH AGREEMENTS DO SO AT THEIR OWN RISK .
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1 . OFFICIALS - GRADE AND POST - CORRESPONDENCE - RIGHTS OF SERVANTS

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ARTICLES 5 AND 7 )

2 . OFFICIALS - DIRECTORS-GENERAL - POSTS - VARIED NATURE - ADAPTABILITY ESSENTIAL

3 . OFFICIALS - POST - ACCEPTANCE - ABILITIES REQUIRED - LACK THEREOF ALLEGED BY THE PERSON CONCERNED - TERMINATION OF SERVICE - COMPULSORY RETIREMENT - ABSENCE OF ANY RIGHT TO THE BENEFIT OF THESE ARRANGEMENTS

Summary

1 . OFFICIALS ARE ENTITLED TO RELY ON THE RULE OF CORRESPONDENCE BETWEEN GRADES AND POSTS .

2 . THE ADMINISTRATION IS ENTITLED TO EXPECT THAT SENIOR OFFICIALS SHALL BE SUFFICIENTLY ADAPTABLE TO FILL POSTS OF DIFFERENT KINDS .

3 . IF AN OFFICIAL FINDS THAT THE POST TO WHICH HE HAS ACCEPTED APPOINTMENT DOES NOT SUIT HIS ABILITIES, THIS DOES NOT ENTITLE HIM TO THE BENEFIT OF THE ARRANGEMENTS RELATING TO TERMINATION OF SERVICE OR TO COMPULSORY RETIREMENT SINCE SUCH ARRANGEMENTS CAN ONLY BE APPLIED IN THE INTERESTS OF THE SERVICE .
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MEASURES ADOPTED BY AN INSTITUTION - ENTRY INTO FORCE - DATE

Summary

WHERE AN ADMINISTRATIVE MEASURE STATES THAT IT IS TO TAKE EFFECT AS FROM A SPECIFIC DATE, THIS MEANS THAT IT BEGINS TO TAKE EFFECT ON THAT ACTUAL DAY .
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1 . PROCEDURE - PROCEEDINGS IN WHICH THE COURT HAS UNLIMITED JURISDICTION - ABSENCE OF PROPER CONCLUSIONS - ORDER BY THE COURT OF ITS OWN MOTION

2 . PROCEDURE - DECISION ADOPTED AT THE REQUEST OF AN OFFICIAL - APPLICATION FOR ANNULMENT - TIME-LIMIT FOR MAKING APPLICATION

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 ( 2 ))

3 . OFFICIALS - PECUNIARY RIGHTS - DETERMINATION BY THE ADMINISTRATION - ACT ADVERSELY AFFECTING THE OFFICIAL

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

4 . OFFICIALS - RATIONALIZATION OF DEPARTMENTS FOLLOWING THE MERGER TREATY - TERMINATION OF EMPLOYMENT OF OFFICIALS - FULL PENSION - CONDITIONS FOR ENTITLEMENT

( REGULATION NO 259/68, ARTICLE 5 )

5 . OFFICIALS - STATEMENTS SUPPLIED BY THE ADMINISTRATION BY WAY OF INFORMATION - NO RIGHTS CONFERRED ON THOSE CONCERNED

6 . OFFICIALS - COMMUNITY RULES - WRONG INFORMATION SUPPLIED BY THE ADMINISTRATION - NO WRONGFUL ACT OR OMISSION

7 . OFFICIALS - WRONG INFORMATION FROM THE ADMINISTRATION - BELATED CORRECTION - WRONGFUL ACT OR OMISSION

Summary

1 . IN PROCEEDINGS IN WHICH THE COURT HAS UNLIMITED JURISDICTION IT HAS THE POWER, EVEN IN THE ABSENCE OF PROPER CONCLUSIONS NOT ONLY TO ANNUL BUT ALSO TO ORDER OF ITS OWN MOTION THE PAYMENT OF COMPENSATION .

2 . WHERE AN APPEAL IS MADE AGAINST A DECISION TERMINATING THE SERVICE OF AN OFFICIAL TAKEN BY THE COMMISSION AT THE REQUEST OF THE APPLICANT, THE PERIOD FIXED BY ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS BEGINS TO RUN FROM THE TIME WHEN IT BECOMES EVIDENT THAT THE REQUEST WAS MADE UNDER THE INFLUENCE OF AN ERROR OCCASIONED BY A WRONGFUL ACT OR OMISSION ON THE PART OF THE COMMISSION AND THE OFFICIAL CONCERNED CAN CLAIM THAT THE DECISION ADVERSELY AFFECTED HIM .

3 . ANY MEASURE WHEREBY THE APPOINTING AUTHORITY STATES DEFINITIVELY AN OFFICIAL' S PECUNIARY RIGHTS AND DETERMINES THE AMOUNTS WHICH IT UNDERTAKES TO PAY THE OFFICIAL ON SPECIFIED DATES CONSTITUTES A MEASURE CAPABLE OF ADVERSELY AFFECTING THE OFFICIAL WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .

4 . THE RIGHT TO A FULL PENSION UNDER ARTICLE 5 OF REGULATION NO 259/68 CAN ONLY VEST IN A FORMER OFFICIAL WHO, UPON THE EXPIRY OF THE PERIOD DURING WHICH HE IS ENTITLED TO THE ALLOWANCE, HAS ATTAINED THE AGE OF 55 .

5 . STATEMENTS SUPPLIED SOLELY BY WAY OF INFORMATION, ALBEIT BY THE COMPETENT DEPARTMENTS OF THE APPOINTING AUTHORITY, DO NOT CONSTITUTE MEASURES CREATING RIGHTS FOR THE ADDRESSEES .

6 . THE ADOPTION OF AN INACCURATE INTERPRETATION OF A PROVISION OF THE LAW GOVERNING OFFICIALS DOES NOT CONSTITUTE IN ITSELF A WRONGFUL ACT . EVEN WHERE THE AUTHORITIES REQUEST THOSE CONCERNED TO OBTAIN INFORMATION FROM THE COMPETENT DEPARTMENTS, THEY ARE NOT NECESSARILY BOUND TO GUARANTEE THE CORRECTNESS OF THE INFORMATION SUPPLIED .

7 . DELAY ON THE PART OF THE APPOINTING AUTHORITY IN CORRECTING WRONG INFORMATION UNTIL AFTER THE TIME WHEN THOSE CONCERNED HAVE TO MAKE A DECISION IN THE MATTER CONSTITUTES A WRONGFUL ACT OR OMISSION WHICH RENDERS THE COMMUNITY LIABLE FOR THE CONSEQUENCES OF THE WRONG INFORMATION .
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1 . OFFICIALS - RECRUITMENT - PROMOTION - TRANSFER - INTERNAL COMPETITION - INTERCHANGEABLE METHODS - PRIORITY IN RELATION TO THE EXTERNAL COMPETITION

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 4 )

2 . OFFICIALS - PROMOTION - ASSESSMENT MADE BY THE ADMINISTRATION OF THE QUALIFICATIONS OF REJECTED CANDIDATES - COMPULSORY COMMUNICATION TO THOSE CONCERNED AND INSERTION IN THEIR PERSONAL FILE

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLES 26 AND 43 )

Summary

1 . THE THIRD PARAGRAPH OF ARTICLE 4 OF THE STAFF REGULATIONS OF OFFICIALS LAYS DOWN BUT A SINGLE RULE OF PRIORITY, THAT IS TO SAY, THAT WHICH MUST BE OBSERVED BETWEEN TRANSFER, PROMOTION OR AN INTERNAL COMPETITION ON THE ONE HAND AND AN EXTERNAL COMPETITION ON THE OTHER, THE FIRST-MENTIONED OPERATIONS BEING PLACED ON AN EQUAL FOOTING AMONG THEMSELVES . THE ADMINISTRATION THEREFORE REMAINS FREE TO GIVE PREFERENCE TO A CANDIDATE CAPABLE OF BEING APPOINTED BY MEANS OF PROMOTION ALONE, WHEN IT REGARDS HIM MORE SUITABLE THAN HIS COMPETITORS WHO COULD ACCEDE TO THE POST IN QUESTION BY TRANSFER .

2 . THE APPOINTMENT OF AN OFFICIAL TO A VACANT POST WHICH TAKES PLACE ON THE BASIS OF A DOCUMENT CONTAINING ASSESSMENTS WHICH HAVE NEITHER BEEN PUT INTO THE PERSONAL FILE OF THE LATTER NOR BROUGHT TO HIS KNOWLEDGE IS INCOMPATIBLE WITH ARTICLES 26 AND 43 OF THE STAFF REGULATIONS OF OFFICIALS .
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QUANTITATIVE RESTRICTIONS - ELIMINATION - STATE MONOPOLIES OF A COMMERCIAL NATURE - FIELD OF APPLICATION OF COMMUNITY LAW - STANDSTILL - NEW RESTRICTIVE MEASURE - CONCEPT

( EEC TREATY, ARTICLE 38 )

Summary

THE EXPRESSION " MEASURE " APPEARING IN ARTICLE 37 ( 2 ) OF THE EEC TREATY IS CLOSELY LINKED TO THE DEFINITION OF THE ACTIVITIES CONSTITUTING A STATE MONOPOLY OF A COMMERCIAL CHARACTER AS SET OUT IN PARAGRAPH ( 1 ) OF THE SAME ARTICLE .

THE APPLICATION OF ARTICLE 37 IS NOT LIMITED TO IMPORTS OR EXPORTS WHICH ARE DIRECTLY SUBJECT TO THE MONOPOLY BUT COVERS ALL MEASURES WHICH ARE CONNECTED WITH ITS EXISTENCE AND AFFECT TRADE BETWEEN MEMBER STATES IN CERTAIN PRODUCTS, WHETHER OR NOT SUBJECT TO THE MONOPOLY . THE INTRODUCTION, AFTER THE ENTRY INTO FORCE OF THE TREATY, OF AN IMPORT DUTY ON A PRODUCT, A CONSTITUENT PART OF WHICH IS SUBJECT TO THE MONOPOLY, MAY THUS AMOUNT TO A " NEW MEASURE " WITHIN THE MEANING OF ARTICLE 37 ( 2 ).

A DUTY LEVIED ON IMPORTS OF PRODUCTS FROM OTHER MEMBER STATES LINKED TO THE EXISTENCE OF A STATE MONOPOLY AND APPLIED FOR THE FIRST TIME AFTER THE ENTRY INTO FORCE OF THE TREATY DOES NOT AMOUNT TO AN INFRINGEMENT OF ARTICLE 37 ( 2 ) AS LONG AS SUCH NEW CHARGE IS IMPOSED ON THE IMPORTED PRODUCT ONLY TO THE SAME EXTENT AS ON DOMESTIC PRODUCTS AFFECTED BY THE MONOPOLY .
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1 . OFFICIALS - ACCIDENT INSURANCE - OBLIGATION OF THE INSTITUTION - SUBSTITUTION OF AN INSURER - LIMITS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 73 )

2 . OFFICIALS - ACCIDENT INSURANCE - SUICIDE - EXCLUSION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 73 )

3 . OFFICIALS - ACCIDENT INSURANCE - DEATH - BENEFITS - MATERIALIZATION OF THE RISK - LACK OF WITNESSES - ACCIDENTAL NATURE OF THE EVENT - CIRCUMSTANTIAL EVIDENCE - COOPERATION OF THE INSTITUTION IN ORDER TO DISCOVER THE TRUTH

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 73 )

Summary

1 . WHILST, IN THE ABSENCE OF THE RULES PROVIDED BY ARTICLE 73 OF THE STAFF REGULATIONS, AN INSTITUTION IS ENTITLED, ON A PROVISIONAL BASIS, TO TAKE OUT A POLICY DETERMINING THE RISKS COVERED, SINCE THE RIGHTS AND OBLIGATIONS OF THE INSTITUTION AND OF ITS SERVANTS ARE IN THIS CASE PROVISIONALLY DETERMINED BY ARTICLE 73 IN CONJUNCTION WITH THE SAID POLICY, IT CANNOT HOWEVER BE ACCEPTED THAT THE OBLIGATION OF AN INSURER MAY BE SUBSTITUTED FOR THE DIRECT OBLIGATION OF THE INSTITUTION UNDER ARTICLE 73 OF THE STAFF REGULATIONS, THUS DEPRIVING THE BENEFICIARIES OF THEIR PARTICULAR LEGAL RIGHTS GUARANTEED BY THE STAFF REGULATIONS .

2 . THE EXCLUSION OF SUICIDE FROM COVER AGAINST THE RISK OF ACCIDENT IS COMPATIBLE WITH THE TERMS OF ARTICLE 73 OF THE STAFF REGULATIONS .

3 . SO LONG AS IT IS NOT ESTABLISHED THAT THE DEATH IS DUE TO A CAUSE RULING OUT SUICIDE, THE BENEFITS ARE NOT PAYABLE . WHERE THE DEATH TOOK PLACE WITHOUT WITNESSES, IT IS ENOUGH THAT THE ACCIDENTAL NATURE OF THE EVENT CAN BE DEDUCED FROM SUFFICIENTLY WEIGHTY, CLEAR AND UNCONTRADICTORY CIRCUMSTANTIAL EVIDENCE WHICH IS NOT CONTRADICTED BY CONTRARY CIRCUMSTANTIAL EVIDENCE . THE APPOINTING AUTHORITY MUST COOPERATE WITH THE SERVANT INSURED OR WITH THOSE CLAIMING UNDER HIM IN ORDER TO DISCOVER THE TRUTH .
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OFFICIALS - OCCUPATIONAL ABILITY - ASSESSMENT BY THE ADMINISTRATION - REVIEW BY THE COURT - LIMITS

Summary

THE COURT IS NOT IN A POSITION TO DETERMINE WHETHER THE ASSESSMENT BY THE ADMINISTRATION OF THE OCCUPATIONAL ABILITY OF AN OFFICIAL IS WELL-FOUNDED WHEN THIS ASSESSMENT INVOLVES COMPLEX VALUE-JUDGMENTS WHICH, BY THEIR VERY NATURE, ARE NOT CAPABLE OF OBJECTIVE PROOF .
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1 . PROCEDURE - QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . COMMUNITY LAW - INTERPRETATION OF A PROVISION WHICH HAS BEEN APPLIED - REFERENCE TO THE STATE OF THE LAW IN FORCE

( EEC TREATY, ARTICLE 164, ARTICLE 177 )

3 . COMMON CUSTOMS TARIFF - DESCRIPTION - INTERPRETATION - ABSENCE OF COMMUNITY LEGISLATION - AUTHORITY OF THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS OF THE CONVENTION ON THE BRUSSELS NOMENCLATURE

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - MAIZE GROATS WITHIN THE MEANING OF ARTICLE 1 ( D ) OF REGULATION NO 19/62 - CONCEPT

Summary

1 . ALTHOUGH ARTICLE 177 OF THE TREATY DOES NOT ALLOW THE COURT TO GIVE A RULING ON A SPECIFIC CASE WHEN IT IS CALLED UPON TO INTERPRET COMMUNITY LAW, THE NEED HOWEVER TO REACH A HELPFUL INTERPRETATION OF THE PROVISIONS IN QUESTION JUSTIFIES THE STATEMENT BY THE NATIONAL COURT OF THE LEGAL CONTEXT IN WHICH THE INTERPRETATION WHICH IS SOUGHT MUST BE PLACED .

2 . THE PRINCIPLE OF LEGAL CERTAINTY MAKES IT NECESSARY TO REFER TO THE STATE OF THE LAW IN FORCE WHEN THE REGULATION THE INTERPRETATION OF WHICH IS SOUGHT WAS APPLIED .

3 . IN THE ABSENCE OF COMMUNITY LEGISLATION ON THE SUBJECT, THE EXPLANATORY NOTES AND CLASSIFICATION OPINIONS LAID DOWN BY THE CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN THE CUSTOMS TARIFFS ARE AUTHORITATIVE AS A VALID MEANS OF INTERPRETING HEADINGS IN THE COMMON CUSTOMS TARIFF .

4 . THE PHRASE " MAIZE GROATS " USED IN ARTICLE 1 ( D ) OF REGULATION NO 19/62 AND MENTIONED UNDER HEADING EX 11.02 A III ( B ) IN THE ANNEX TO THAT REGULATION MUST BE INTERPRETED AS INCLUDING FLOURY FRAGMENTS WHICH ARE LESS COARSE AND IRREGULAR THAN KIBBLED GRAINS BUT THE GRANULES OF WHICH ARE COARSER THAN THOSE OF MEAL AND WHICH ARE DERIVED FROM MILLING HULLED MAIZE GRAINS WHICH HAVE BEEN DEGERMED THE FAT CONTENT OF WHICH IN RELATION TO THE DRY MATERIAL IS VERY LOW .
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MEASURES ADOPTED BY AN INSTITUTION - ACT OF THE NATURE OF A REGULATION - APPLICATIONS BY INDIVIDUALS - CATEGORY OF PERSONS VIEWED IN THE ABSTRACT AND IN ITS ENTIRETY - INADMISSIBILITY OF THE APPLICATION

( EEC TREATY, ARTICLE 173 )

Summary

THE CONDITIONS TO WHICH, UNDER ARTICLE 173 ( 2 ), PROCEEDINGS BY INDIVIDUALS AGAINST THE ACTS OF INSTITUTIONS ARE SUBJECT ARE NOT FULFILLED IF A NATURAL OR LEGAL PERSON IS AFFECTED BY SUCH AN ACT BY REASON OF HIS BELONGING TO A CATEGORY VIEWED IN THE ABSTRACT AND IN ITS ENTIRETY AND NOT AS THE PERSON TO WHOM AN ACT OF DIRECT AND INDIVIDUAL CONCERN TO HIM IS ADDRESSED .
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1 . MEMBER STATES - POWERS - EXERCISE - TRANSFER OF NATIONAL AUTHORITIES - MEANS - POWERS OF THE MEMBER STATES

( EEC TREATY, ARTICLE 5 )

2 . QUANTITATIVE RESTRICTIONS - PROHIBITION - INTRA-COMMUNITY RELATIONS - EXTERNAL RELATIONS

3 . QUANTITATIVE RESTRICTIONS - INTRA-COMMUNITY RELATIONS - ABSOLUTE PROHIBITION

( EEC TREATY, ARTICLES 30 AND 34 )

4 . QUANTITATIVE RESTRICTIONS - TRADE WITH THIRD COUNTRIES - PROHIBITION NOT ABSOLUTE - AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - FRUIT AND VEGETABLES

( EEC TREATY, ARTICLES 113 AND 40 ( 3 ))

5 . AGRICULTURE - COMMON ORGANIZATIONS OF THE MARKET - FRUIT AND VEGETABLES - QUANTITATIVE RESTRICTIONS - TRADE WITH THIRD COUNTRIES - PROHIBITION OF IMPORTS WITHOUT THE GRANT OF LICENCES IN CONJUNCTION WITH A GENERAL EXEMPTION - " ALL LICENCES GRANTED " SYSTEM

Summary

1 . WHEN PROVISIONS OF THE TREATY OR OF REGULATIONS CONFER POWERS OR IMPOSE OBLIGATIONS ON THE MEMBER STATES FOR THE PURPOSES OF THE IMPLEMENTATION OF COMMUNITY LAW THE QUESTION OF HOW SUCH POWERS ARE TO BE EXERCISED AND WHETHER THE STATES MAY ENTRUST THE IMPLEMENTATION OF SUCH OBLIGATIONS TO SPECIFIC NATIONAL AUTHORITIES IS SOLELY A MATTER FOR THE CONSTITUTIONAL SYSTEM OF EACH STATE .

2 . IT IS CLEAR FROM THE SCHEME OF THE TREATY THAT THE SYSTEM OF QUANTITATIVE RESTRICTIONS ON INTRA-COMMUNITY TRADE MUST BE DISTINGUISHED FROM THE SYSTEM OF QUANTITATIVE RESTRICTIONS ON TRADE WITH THIRD COUNTRIES .

3 . APART FROM THE EXCEPTIONS FOR WHICH PROVISION IS MADE BY COMMUNITY LAW ITSELF ARTICLES 30 AND 34 PRECLUDE THE APPLICATION TO INTRA-COMMUNITY TRADE OF A NATIONAL PROVISION WHICH REQUIRES, EVEN AS A PURE FORMALITY, IMPORT OR EXPORT LICENCES OR ANY OTHER SIMILAR PROCEDURE .

4 . IN TRADE WITH THIRD COUNTRIES THE APPLICATION OF QUANTITATIVE RESTRICTIONS AND OF MEASURES HAVING EQUIVALENT EFFECT FORMS PART OF THE COMMON COMMERCIAL POLICY BOTH UNDER ARTICLE 113 OF THE TREATY AND THE PROVISIONS ON THE COMMON AGRICULTURAL POLICY, IN PARTICULAR, ARTICLE 40 ( 3 ) WHICH PROVIDES FOR THE ESTABLISHMENT OF " COMMON MACHINERY FOR STABILIZING IMPORTS OR EXPORTS ".

THE PROHIBITION BASED ON ARTICLE 1 OF REGULATION NO 2513/69 IS NOT ABSOLUTE .

5 . THE APPLICATION OF A BODY OF RULES LAID DOWN BY LEGISLATION AND BASED ON A GENERAL PROHIBITION ON IMPORTS WITHOUT A LICENCE, IN CONJUNCTION WITH A SYSTEM OF GENERAL EXEMPTIONS, IS THUS IN THE PRESENT STATE OF THE LAW COMPATIBLE WITH THE GENERAL SCHEME OF REGULATION NO 2513/69 .

THE " ALL LICENCES GRANTED " SYSTEM IS NOT INCOMPATIBLE WITH THE GENERAL SCHEME OF THIS REGULATION IF THE LICENCE IS DELIVERED AUTOMATICALLY TO EVERY APPLICANT FREE OF CHARGE AND WITHOUT DELAY .