ddrg/super_eurlex huggingface dataset:
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1 . APPLICATION FOR ANNULMENT - DECISION STATING THAT THERE HAS BEEN A BREACH OF THE RULES ON COMPETITION - PECUNIARY SANCTIONS - ABSENCE - INTEREST IN TAKING PROCEEDINGS

( EEC TREATY , ARTS . 85 AND 86 AND SECOND PARA . OF ART . 173 )

2 . CONJUNCTURAL POLICY - SUPPLY DIFFICULTIES - COMMUNITY MEASURES - ABSENCE - DOMINANT POSITION - ABUSE - PROHIBITION - COMMISSION ' S DUTY TO SUPERVISE

( EEC TREATY , ARTS . 86 AND 103 )

3 . COMPETITION - DOMINANT POSITION - MARKET IN THE PRODUCT IN QUESTION - SUPPLY DIFFICULTIES - REDUCTIONS IN DELIVERIES TO CUSTOMERS - DIFFERENT RATE OF REDUCTION - ABUSE - ABSENCE - APPLICATION OF SIMILAR RATE - DUTY - LEGAL BASIS

( EEC TREATY , ARTS . 86 AND 103 )

Summary

1 . THE ABSENCE OF PECUNIARY SANCTIONS IN A DECISION APPLYING ARTICLES 85 AND 86 OF THE TREATY DOES NOT PRECLUDE THE ADDRESSEE FROM HAVING AN INTEREST IN OBTAINING A REVIEW BY THE COURT OF JUSTICE OF THE LEGALITY OF THAT DECISION AND THUS COMMENCING AN ACTION FOR ANNULMENT UNDER ARTICLE 173 OF THE TREATY .

2 . THE ABSENCE OF RULES BASED ON ARTICLE 103 OF THE TREATY , WHICH WOULD MAKE IT POSSIBLE TO ADOPT SUITABLE CONJUNCTURAL MEASURES , CANNOT RELEASE THE COMMISSION FROM ITS DUTY TO ENSURE IN ALL CIRCUMSTANCES , BOTH IN NORMAL AND SPECIAL MARKET CONDITIONS , WHEN THE COMPETITIVE POSITION OF TRADERS IS PARTICULARLY THREATENED , THAT THE PROHIBITION IN ARTICLE 86 OF THE TREATY IS SCRUPULOUSLY OBSERVED .

3 . THE FACT THAT A SUPPLIER IN A DOMINANT POSITION APPLIES TO DELIVERIES TO ONE OF HIS OCCASIONAL CUSTOMERS IN A PERIOD OF SHORTAGE A RATE OF REDUCTION DIFFERENT FROM THAT WHICH HE APPLIES TO HIS CUSTOMERS WHO HAVE LONG-TERM CONTRACTS WITH HIM CANNOT AMOUNT TO AN ABUSE OF A DOMINANT POSITION .

IN SUCH A CASE A DUTY TO APPLY A SIMILAR RATE OF REDUCTION FOR ALL CUSTOMERS COULD ONLY FLOW FROM MEASURES ADOPTED WITHIN THE FRAMEWORK OF THE TREATY , IN PARTICULAR ARTICLE 103 , OR , IN DEFAULT OF THAT , BY THE NATIONAL AUTHORITIES .
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1 . TRANSPORT - COMMON POLICY - ROAD PASSENGER TRANSPORT OPERATOR - ADMISSION TO THE OCCUPATION - REQUIREMENT RELATING TO GOOD REPUTE - DEFINITION - DISCRETION OF THE MEMBER STATES

( COUNCIL DIRECTIVE NO 74/562 , ART . 2 ( 2 ))

2 . MEASURES ADOPTED BY AN INSTITUTION - DIRECTIVE - DIRECT EFFECT

( EEC TREATY , ART . 189 )

3 . TRANSPORT - COMMON POLICY - ROAD PASSENGER TRANSPORT OPERATOR - ENGAGING IN THE OCCUPATION - AUTHORIZATION BEFORE 1 JANUARY 1978 - REQUIREMENT RELATING TO GOOD REPUTE - VERIFICATION BY THE NATIONAL AUTHORITIES

( COUNCIL DIRECTIVE NO 74/562 , ART . 2 ( 1 ) ( A ), ART . 4 ( 1 ) AND ART . 5 ( 2 ))

Summary

1 . ARTICLE 2 ( 2 ) OF COUNCIL DIRECTIVE NO 74/562 LEAVES THE MEMBER STATES A WIDE MARGIN OF DISCRETION AS TO THE REQUIREMENTS RELATING TO GOOD REPUTE IMPOSED ON APPLICANTS WISHING TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR . A PROVISION OF NATIONAL LAW WHEREBY AN APPLICANT WHO HAS A CRIMINAL CONVICTION MAY BE REGARDED AS NOT BEING OF GOOD REPUTE IF THE CRIMINAL CONDUCT PROVIDES GROUNDS FOR CONSIDERING THAT THERE IS IMMINENT DANGER OF MISUSE OF HIS OCCUPATION CANNOT BE REGARDED AS EXCEEDING THE MARGIN OF DISCRETION LEFT TO A MEMBER STATE .

2 . IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT ATTRIBUTED TO A DIRECTIVE BY ARTICLE 189 TO EXCLUDE , IN PRINCIPLE , THE POSSIBILITY THAT THE OBLIGATION WHICH IT IMPOSES MAY BE INVOKED BY THOSE CONCERNED . IN PARTICULAR , WHERE THE COMMUNITY AUTHORITIES HAVE , BY DIRECTIVE , IMPOSED ON MEMBER STATES THE OBLIGATION TO PURSUE A PARTICULAR COURSE OF CONDUCT , THE EFFECTIVENESS OF SUCH AN ACT WOULD BE WEAKENED IF INDIVIDUALS WERE PREVENTED FROM RELYING ON IT BEFORE THEIR NATIONAL COURTS AND IF THE LATTER WERE PREVENTED FROM TAKING IT INTO CONSIDERATION AS AN ELEMENT OF COMMUNITY LAW .

3 . ALTHOUGH PERSONS WHO BEFORE 1 JANUARY 1978 HAD OBTAINED AUTHORIZATION TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR ARE EXEMPT FROM THE REQUIREMENT THEMSELVES TO FURNISH PROOF THAT THEY SATISFY THE REQUIREMENT RELATING TO GOOD REPUTE LAID DOWN IN ARTICLE 2 ( 1 ) ( A ) OF THE DIRECTIVE , THE NATIONAL AUTHORITIES NEVERTHELESS REMAIN COMPETENT TO VERIFY IN EACH CASE THAT THE SAID REQUIREMENT IS FULFILLED .
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1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - RIGHTS - PROTECTION - SCOPE

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - TRADEMARK - DIFFERENT MARKS FOR THE SAME PRODUCT IN TWO DIFFERENT MEMBER STATES - SINGLE PROPRIETOR - PLACING THE PRODUCT ON THE MARKET IN A MEMBER STATE - IMPORTATION INTO ANOTHER MEMBER STATE - AFFIXING BY A THIRD PARTY OF THE MARK REGISTERED IN THE LATTER STATE - PREVENTION BY THE PROPRIETOR - ADMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 36 )

Summary

1 . IT IS CLEAR FROM ARTICLE 36 OF THE EEC TREATY , IN PARTICULAR ITS SECOND SENTENCE , AS WELL AS FROM THE CONTEXT , THAT WHILST THE TREATY DOES NOT AFFECT THE EXISTENCE OF RIGHTS RECOGNIZED BY THE LAWS OF A MEMBER STATE IN MATTERS OF INDUSTRIAL AND COMMERCIAL PROPERTY , THE EXERCISE OF THOSE RIGHTS MAY NEVERTHELESS , DEPENDING ON THE CIRCUMSTANCES , BE RESTRICTED BY THE PROHIBITIONS CONTAINED IN THE TREATY .

INASMUCH AS IT CONTAINS AN EXCEPTION TO ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET , ARTICLE 36 IN FACT ADMITS OF EXCEPTIONS TO THE RULES ON THE FREE MOVEMENT OF GOODS ONLY TO THE EXTENT TO WHICH SUCH EXCEPTIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING THE RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT- MATTER OF THAT PROPERTY .

2 . THE PROPRIETOR OF A TRADE-MARK WHICH IS PROTECTED IN ONE MEMBER STATE IS JUSTIFIED PURSUANT TO THE FIRST SENTENCE OF ARTICLE 36 IN PREVENTING A PRODUCT FROM BEING MARKETED BY A THIRD PARTY EVEN IF PREVIOUSLY THAT PRODUCT HAS BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE UNDER ANOTHER MARK HELD IN THE LATTER STATE BY THE SAME PROPRIETOR .

NEVERTHELESS SUCH PREVENTION MAY CONSTITUTE A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES WITHIN THE MEANING OF THE SECOND SENTENCE OF ARTICLE 36 OF THE TREATY IF IT IS ESTABLISHED THAT THE PROPRIETOR OF DIFFERENT MARKS HAS FOLLOWED THE PRACTICE OF USING SUCH MARKS FOR THE PURPOSE OF ARTIFICIALLY PARTITIONING THE MARKETS .
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1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - APPLICATION - OBLIGATION OF MEMBER STATES

( EEC TREATY , ARTICLE 189 )

2 . OBLIGATIONS OF MEMBER STATES - UNILATERAL ACTION CONTRARY TO THE TREATY - FAILURE IN THE DUTY OF SOLIDARITY

Summary

1 . 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 . PRACTICAL DIFFICULTIES WHICH APPEAR AT THE STAGE WHEN A COMMUNITY MEASURE IS PUT INTO EFFECT CANNOT PERMIT A MEMBER STATE UNILATERALLY TO OPT OUT OF FULFILLING ITS OBLIGATIONS .

2 . FOR A STATE UNILATERALLY TO BREAK , ACCORDING TO ITS OWN CONCEPTION OF NATIONAL INTEREST , THE EQUILIBRIUM BETWEEN THE ADVANTAGES AND OBLIGATIONS FLOWING FROM ITS ADHERENCE TO THE COMMUNITY BRINGS INTO QUESTION THE EQUALITY OF MEMBER STATES BEFORE COMMUNITY LAW AND CREATES DISCRIMINATION AT THE EXPENSE OF THEIR NATIONALS . THIS FAILURE IN THE DUTY OF SOLIDARITY ACCEPTED BY MEMBER STATES BY THE FACT OF THEIR ADHERENCE TO THE COMMUNITY STRIKES AT THE VERY ROOT OF THE COMMUNITY LEGAL ORDER .
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1 . REFERENCES FOR A PRELIMINARY RULING - POWERS OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . SERVICES - FREEDOM TO PROVIDE - RESTRICTIONS - ABOLITION - DIRECT EFFECT

( EEC TREATY , ARTS . 59 , 60 AND 63 )

3 . SERVICES - FREEDOM TO PROVIDE - FEE-CHARGING EMPLOYMENT AGENCIES FOR ENTERTAINERS - PURSUIT OF THE ACTIVITY - OBLIGATION TO OBTAIN A LICENCE OR TO ACT THROUGH AN AGENCY HOLDING A LICENCE - RESTRICTION INCOMPATIBLE WITH THE TREATY - CRITERIA

( EEC TREATY , ARTS . 59 AND 60 )

Summary

1 . IN THE FIELD OF JUDICIAL CO-OPERATION UNDER ARTICLE 177 BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE , WHICH ARE REQUIRED TO MAKE DIRECT AND COMPLEMENTARY CONTRIBUTIONS TO THE APPLICATION OF COMMUNITY LAW IN A UNIFORM MANNER IN ALL THE MEMBER STATES , THE COURT MAY EXTRACT FROM THE WORDING OF THE QUESTIONS , FORMULATED BY THE NATIONAL COURT , HAVING REGARD TO THE PARTICULARS GIVEN BY THE LATTER , THOSE ELEMENTS OF COMMUNITY LAW WHICH ARE NECESSARY FOR THAT COURT TO BE ABLE TO RESOLVE IN ACCORDANCE WITH COMMUNITY LAW THE LEGAL PROBLEM WHICH IT HAS BEFORE IT .

2 . THE ESSENTIAL REQUIREMENTS OF ARTICLE 59 OF THE TREATY , WHICH WAS TO BE IMPLEMENTED PROGRESSIVELY DURING THE TRANSITIONAL PERIOD BY MEANS OF THE DIRECTIVES REFERRED TO IN ARTICLE 63 , BECAME DIRECTLY AND UNCONDITIONALLY APPLICABLE ON THE EXPIRY OF THAT PERIOD . THOSE ESSENTIAL REQUIREMENTS ABOLISH ALL DISCRIMINATION AGAINST THE PERSON PROVIDING THE SERVICE BY REASON OF HIS NATIONALITY OR THE FACT THAT HE IS ESTABLISHED IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED .

3 . WHEN THE PURSUIT OF THE ACTIVITY OF FEE-CHARGING EMPLOYMENT AGENCIES FOR ENTERTAINERS IS MADE SUBJECT IN THE STATE IN WHICH THE SERVICE IS PROVIDED TO THE ISSUE OF A LICENCE , THAT STATE MAY NOT IMPOSE ON THE PERSONS PROVIDING THE SERVICE WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE ANY OBLIGATION EITHER TO SATISFY THAT REQUIREMENT OR TO ACT THROUGH A FEE-CHARGING EMPLOYMENT AGENCY WHICH HOLDS SUCH A LICENCE WHEN THE SERVICE IS PROVIDED BY AN EMPLOYMENT AGENCY WHICH COMES UNDER THE PUBLIC ADMINISTRATION OF A MEMBER STATE OR WHEN THE PERSON PROVIDING THE SERVICES HOLDS IN THE MEMBER STATE IN WHICH HE IS ESTABLISHED A LICENCE ISSUED UNDER CONDITIONS COMPARABLE TO THOSE REQUIRED BY THE STATE IN WHICH THE SERVICE IS PROVIDED AND HIS ACTIVITIES ARE SUBJECT IN THE FIRST STATE TO PROPER SUPERVISION COVERING ALL EMPLOYMENT AGENCY ACTIVITY WHATEVER MAY BE THE MEMBER STATE IN WHICH THE SERVICE IS PROVIDED .
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1 . TRANSPORT - COMMON POLICY - ROAD HAULAGE OPERATOR - ADMISSION TO THE OCCUPATION - CONDITION OF PROFESSIONAL COMPETENCE - ESTABLISHMENT - DETAILED RULES - DISCRETIONARY POWER OF THE MEMBER STATES

( COUNCIL DIRECTIVE NO 74/561 , ART . 3 ( 4 ))

2 . TRANSPORT - COMMON POLICY - ROAD HAULAGE OPERATOR - ADMISSION TO THE OCCUPATION - CONDITION OF PROFESSIONAL COMPETENCE - DEFINITIVE EXEMPTION - SPECIFIC CASES

( COUNCIL DIRECTIVE NO 74/561 , ART . 4 ( 2 ))

3 . TRANSPORT - COMMON POLICY - ROAD HAULAGE OPERATOR - ENGAGEMENT IN THE OCCUPATION - AUTHORIZATION BEFORE 1 JANUARY 1978 - CONDITION OF PROFESSIONAL COMPETENCE - PROOF - EXEMPTION - TRANSITIONAL PROVISION - SCOPE

( COUNCIL DIRECTIVE NO 74/561 , ART . 5 ( 2 ))

4 . TRANSPORT - COMMON POLICY - ROAD HAULAGE OPERATOR - ADMISSION TO THE OCCUPATION - CONDITION OF PROFESSIONAL COMPETENCE - PROVISIONAL EXEMPTION - SPECIFIC CASES - PHYSICAL INCAPACITY - CONCEPT

( COUNCIL DIRECTIVE NO 74/561 , ART . 4 ( 1 ))

Summary

1 . THE PROVISIONS OF ARTICLE 3 ( 4 ) OF COUNCIL DIRECTIVE NO 74/561 ALLOW MEMBER STATES TO ADOPT REGULATIONS UNDER WHICH THE PROFESSIONAL COMPETENCE OF PERSONS SEEKING TO ENGAGE IN THE OCCUPATION OF ROAD HAULAGE OPERATOR IS ESTABLISHED EITHER BY THE ACQUISITION OF A DIPLOMA OR ON THE BASIS OF APPROPRIATE PRACTICAL EXPERIENCE FOR A PERIOD TO BE DETERMINED BY THE MEMBER STATES , OR BY A COMBINATION OF BOTH .

2 . ARTICLE 4 ( 2 ) OF DIRECTIVE NO 74/561 ALLOWS DEFINITIVE EXEMPTION FROM THE CONDITION OF PROFESSIONAL COMPETENCE TO OPERATE A TRANSPORT UNDERTAKING TO BE GRANTED IN EXCEPTIONAL CASES , BUT THIS IS ONLY WITHIN THE LIMITS LAID DOWN AND IN THE SITUATIONS REFERRED TO IN ARTICLE 4 ( 1 ), THAT IS TO SAY IN DULY JUSTIFIED SPECIAL CASES IN THE EVENT OF THE DEATH OF THE PHYSICAL OR LEGAL INCAPACITY OF THE NATURAL PERSON ENGAGED IN THE OCCUPATION OF TRANSPORT OPERATOR .

3 . THE PROVISION IN ARTICLE 5 ( 2 ) OF DIRECTIVE NO 74/561 THAT THOSE PERSONS WHO , AFTER 31 DECEMBER 1974 AND BEFORE 1 JANUARY 1978 WERE AUTHORIZED TO ENGAGE IN THE OCCUPATION OF HAULAGE OPERATOR WITHOUT HAVING TO FURNISH PROOF OF THEIR PROFESSIONAL COMPETENCE MUST DO SO BEFORE 1 JANUARY 1980 , MAY NOT BE INVOKED AGAINST PERSONS ENTITLED UNDER ARTICLE 4 ( 2 ) OF THAT DIRECTIVE TO THE DEFINITIVE EXEMPTION FROM THE CONDITION OF PROFESSIONAL COMPETENCE ON THE GROUND THAT THEY POSSESS AT LEAST THREE YEARS ' PRACTICAL EXPERIENCE IN THE DAY-TO-DAY MANAGEMENT OF THE UNDERTAKING .

4 . ' ' PHYSICAL INCAPACITY ' ' WITHIN THE MEANING OF ARTICLE 4 ( 1 ) OF DIRECTIVE NO 74/561 MAY NOT BE TAKEN TO MEAN THE ATTAINMENT OF AN AGE AT WHICH A PERSON IS DECREED NO LONGER TO BE CAPABLE OF WORKING .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - PROVISIONS OF THE TREATY - DUTIES OF COUNCIL - LIMITS

( EEC TREATY , ARTICLE 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS TO WHICH THEY APPLY - BENEFITS PROVIDED BY GERMAN LEGISLATION ON SUBSTITUTE PENSIONS ( FREMDRENTENGESETZ ) - EXCLUSION

( REGULATIONS NOS 3 AND 1408/71 OF THE COUNCIL )

Summary

1 . ARTICLE 51 OF THE TREATY REFERS ONLY TO SOCIAL SECURITY BENEFITS , SO THAT THE COUNCIL IS NOT REQUIRED TO ADOPT PROVISIONS RELATING TO BENEFITS NOT COVERED BY SOCIAL SECURITY .

2 . BENEFITS OF THE TYPE PROVIDED BY THE GERMAN LEGISLATION ON SUBSTITUTE PENSIONS ( FREMDRENTENGESETZ ) BY REASON OF INSURANCE PERIODS COMPLETED , PRIOR TO 1945 , OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY ARE NOT TO BE REGARDED AS COMING WITHIN THE SPHERE OF SOCIAL SECURITY , REGARD BEING HAD TO THE FACT THAT THE COMPETENT INSURANCE INSTITUTIONS TO WHICH THE PERSONS REFERRED TO BY THE PROVISION IN QUESTION WERE AFFILIATED ARE NO LONGER IN EXISTENCE OR ARE OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY , AND THE FACT THAT THAT LEGISLATION HAS THE PURPOSE OF ALLEVIATING CERTAIN SITUATIONS WHICH AROSE OUT OF EVENTS CONNECTED WITH THE NATIONAL SOCIALIST REGIME AND THE SECOND WORLD WAR , AND FINALLY THAT THE PAYMENT OF THE BENEFITS IN QUESTION IS OF A DISCRETIONARY NATURE WHERE SUCH NATIONALS ARE RESIDING ABROAD .

THIS EXCLUSION FROM THE FIELD OF SOCIAL SECURITY APPLIES TO AN INVALIDITY PENSION FOLLOWING AN ACCIDENT AT WORK IN THE SAME WAY AS IT APPLIES TO AN INVALIDITY PENSION NOT FOLLOWING SUCH AN ACCIDENT .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - EGGS , NOT IN SHELL , AND EGG YOLKS SUITABLE FOR HUMAN CONSUMPTION AS IN SUBHEADING 04.05 B I - CONCEPT

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FOOD PREPARATIONS UNDER SUBHEADING 21.07 G I ( A ) 1 - SPECIFIC CASE

Summary

1 . IT IS CLEAR FROM THE WORDING OF SUBHEADING 04.05 B I OF THE COMMON CUSTOMS TARIFF AND FROM THE EXPLANATORY NOTES TO THE TARIFF THAT THE PRODUCTS TO WHICH THE SUBHEADING REFERS ARE ESSENTIALLY BIRDS ' EGGS , NOT IN SHELL , AND EGG YOLKS , WITHOUT FURTHER PROCESSING , TO WHICH ANY CHEMICAL COMPONENTS ARE ADDED IN SMALL QUANTITIES ONLY , IN ORDER TO PRESERVE THEM .

2 . A PRODUCT COMPOSED OF 52% WHOLE HEN-EGG POWDER , 25% SOYA MEAL , 22% GLUCOSE SYRUP AND 1% SALT AND LECITHIN DOES NOT COME UNDER HEADING 04.05 B I OF THE COMMON CUSTOMS TARIFF BUT CONSTITUTES A ' ' FOOD PREPARATION ' ' COMING UNDER SUBHEADING 21.07 G I ( A ) 1 OF THE TARIFF .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - LEVY - CALCULATION - FACTORS TO BE TAKEN INTO CONSIDERATION - MARKETING COSTS - FLAT-RATE DETERMINATION THEREOF

( REGULATION NO 120/67/EEC OF THE COUNCIL , ART . 13 ( 1 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - COMMON WHEAT AND SORGHUM - THRESHOLD PRICE - FIXING THEREOF - REGULATIONS ( EEC ) NOS 1173/75 AND 1427/74 OF THE COUNCIL - VALIDITY

Summary

1 . THE MARKETING COSTS WHICH MUST BE TAKEN INTO CONSIDERATION FOR THE CALCULATION OF THE AMOUNT OF THE LEVY INCLUDE THOSE EXPENSES INHERENT IN THE PROCEDURES AND FORMALITIES OF IMPORT WHICH EVERY IMPORTER MUST INEVITABLY INCUR AS WELL AS THE NORMAL EXPENSE OF TRANSPORTING THE IMPORTED GOODS TO THE WHOLESALE STAGE AT DUISBURG . MOREOVER , IN ACCORDANCE WITH THE GENERAL SYSTEM OF LEVIES INTRODUCED BY REGULATION NO 120/67/EEC , MARKETING COSTS SHOULD NOT BE CALCULATED ON THE BASIS OF COSTS ACTUALLY INCURRED BY THE IMPORTER FOR A SPECIFIC DELIVERY WHICH ARE LARGELY DEPENDENT UPON DECISIONS MADE BY THE IMPORTER BUT SHOULD BE CALCULATED AT A FLAT RATE IN RELATION TO THOSE EXPENSES WHICH AN IMPORTER OF THE PRODUCTS IN QUESTION MUST INEVITABLY INCUR IN RESPECT OF THE IMPORTATION .

2 . CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATION NO 1173/75 OF THE COUNCIL IN SO FAR AS IT RELATES TO COMMON WHEAT OR OF REGULATION NO 1427/74 OF THE COUNCIL IN SO FAR AS IT RELATES TO SORGHUM .
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Keywords

OFFICIALS - RECRUITMENT - COMPETITION - NOTICE OF COMPETITION - CONDITIONS FOR ADMISSION - SELECTION BOARD - DECISION TO EXCLUDE A CANDIDATE - REASONS BASED ON NON-COMPLIANCE WITH A CONDITION WHICH HAS NOT BEEN EXPRESSED - ILLEGALITY

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , FIRST PARAGRAPH OF ART . 5 )

Summary

ACCORDING TO THE STAFF REGULATIONS THE BASIC FUNCTION OF THE NOTICE OF COMPETITION IS TO GIVE THOSE INTERESTED THE MOST ACCURATE INFORMATION POSSIBLE ABOUT THE CONDITIONS OF ELIGIBILITY FOR THE POST TO ENABLE THEM TO JUDGE WHETHER THEY SHOULD APPLY FOR IT .

WHEN EVEN A CAREFUL READING OF THE NOTICE DOES NOT MAKE IT POSSIBLE FOR INTERESTED PERSONS TO ASCERTAIN THAT IT LAYS DOWN A SPECIFIC REQUIREMENT , IN SO FAR AS IT DOES NOT EXPRESSLY MENTION IT , THE EXCLUSION OF A CANDIDATE BY THE SELECTION BOARD ON THE GROUND THAT HE DOES NOT COMPLY WITH THAT REQUIREMENT AMOUNTS TO AN INFRINGEMENT OF THE FIRST PARAGRAPH OF ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS .
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1 . OFFICIALS - RETIREMENT IN THE INTERESTS OF THE SERVICE - ALLOWANCE - DETERMINATION OF CURRENCY OF PAYMENT - APPLICATION BY ANALOGY OF THE SYSTEM OF PAYMENT OF SALARIES , PENSIONS AND ALLOWANCES FOR PREMATURE TERMINATION OF SERVICE - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , FIFTH PARAGRAPH OF ART . 50 )

2 . OFFICIALS - RETIREMENT IN THE INTERESTS OF THE SERVICE - ALLOWANCE - APPLICATION OF WEIGHTING FOR LAST PLACE OF EMPLOYMENT - BREACH OF EQUALITY OF TREATMENT - DUTY OF ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , FIFTH PARAGRAPH OF ART . 50 )

Summary

1 . IT IS NOT POSSIBLE , FOR THE PURPOSE OF DETERMINING THE CURRENCY IN WHICH THE ALLOWANCE PAYABLE ON RETIREMENT IN THE INTERESTS OF THE SERVICE UNDER THE FIFTH PARAGRAPH OF ARTICLE 50 OF THE STAFF REGULATIONS OF OFFICIALS IS TO BE REMITTED , TO APPLY BY ANALOGY THE RULES GOVERNING PAYMENT OF OFFICIALS ' SALARIES ( ARTICLE 63 OF THE STAFF REGULATIONS ), PAYMENT OF PENSIONS ( ARTICLE 82 OF THE STAFF REGULATIONS ) AND PAYMENT OF THE ALLOWANCES PROVIDED FOR IN THE EVENT OF PREMATURE TERMINATION OF SERVICE FOLLOWING THE MERGER OF THE EXECUTIVE BODIES OF THE COMMUNITIES AND THE ACCESSION OF THE NEW MEMBER STATES ( REGULATIONS NOS 259/68 , 2530/72 AND 1543/73 ). IN FACT , IN CONTRAST TO THE TEXTS EMBODYING THOSE GENERAL RULES , WHICH ESTABLISH A DIRECT LINK BETWEEN THE PLACE WHERE THE PERSONS ENTITLED TO THE PENSION OR ALLOWANCE DECLARE THEIR HOME TO BE AND THE WEIGHTING APPLICABLE , THUS BY IMPLICATION INDICATING THE CORRESPONDING CURRENCY OF PAYMENT , THE FIFTH PARAGRAPH OF ARTICLE 50 OF THE STAFF REGULATIONS ESTABLISHES A CLOSE LINK BETWEEN THE WEIGHTING AND THE PLACE WHERE THE OFFICIAL WAS LAST EMPLOYED , AN EXPRES- SION WHICH CANNOT BE INTERPRETED AS MEANING PLACE OF ' ' RESIDENCE ' ' .

2 . THE FIFTH PARAGRAPH OF ARTICLE 50 OF THE STAFF REGULATIONS MUST BE INTERPRETED TO MEAN THAT WHERE ITS APPLICATION IS LIKELY TO RESULT IN A BREACH OF A SUPERIOR RULE OF LAW SUCH AS THE PRINCIPLE OF EQUALITY AMONG OFFICIALS WHOSE CIRCUMSTANCES ARE SIMILAR , THE ADMINISTRATION IS OBLIGED , IN ORDER TO AVOID SUCH A RESULT , NOT TO APPLY THE WEIGHTING FIXED FOR THE PLACE WHERE THE OFFICIAL WAS LAST EMPLOYED .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS FOR ADMISSION THERETO - CRITERIA FOR THE CLASSIFICATION OF POSTS - MORE RIGOROUS CONDITIONS FOR ADMISSION TO A COMPETITION - PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ARTS . 5 AND 29 ; ANNEX III )

2 . OFFICIALS - RECRUITMENT - POSTS IN CATEGORY A - COMPETITION - CONDITIONS FOR ADMISSION THERETO - UNIVERSITY DEGREE OR DIPLOMA AND PRACTICAL EXPERIENCE - DOUBLE CONDITION - PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ART . 27 ; ANNEX III , ART . 1 )

3 . OFFICIALS - RECRUITMENT - COMPETITION - OBLIGATIONS IMPOSED ON THE SELECTION BOARD BY THE NOTICE OF COMPETITION - ALLOWANCE FOR DIFFERENCES IN NATIONAL EDUCATIONAL SYSTEMS - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ARTS . 1 AND 5 )

Summary

1 . THE PROVISIONS OF ARTICLE 5 OF THE STAFF REGULATIONS OF OFFICIALS SEEK TO PROVIDE A GENERAL DEFINITION OF THE MINIMUM LEVEL REQUIRED FOR AN OFFICIAL OF THE CATEGORY IN QUESTION DRAWN UP ACCORDING TO THE NATURE OF THE DUTIES TO WHICH THE POSTS CORRESPOND AND DO NOT CONCERN CONDITIONS OF RECRUITMENT . THOSE ARE GOVERNED BY THE PROVISIONS OF ARTICLE 29 AND ANNEX III TO THE STAFF REGULATIONS AND THERE IS NOTHING TO PREVENT THE NOTICE OF COMPETITION FROM FIXING CONDITIONS IN RELATION TO CERTAIN POSTS OR CERTAIN CATEGORIES OF POSTS WHICH ARE MORE RIGOROUS THAN THOSE WHICH CORRESPOND TO THE MINIMUM REQUIREMENTS RESULTING FROM THE CLASSIFICATION OF POSTS .

2 . A NOTICE OF COMPETITION TO RECRUIT AN OFFICIAL IN CATEGORY A OR TO CONSTITUTE A RESERVE TO FILL POSTS IN THAT CATEGORY DOES NOT CONFLICT WITH ARTICLE 27 OF THE STAFF REGULATIONS OF OFFICIALS BECAUSE IT REQUIRES POSSESSION OF A UNIVERSITY DEGREE OR DIPLOMA IN ADDITION TO PRACTICAL EXPERIENCE . IT IS IN FACT IMPOSSIBLE TO MAINTAIN THAT CANDIDATES FROM CERTAIN MEMBER STATES THEREBY SUFFER A DISADVANTGE .

3 . WHERE A NOTICE OF COMPETITION OBLIGES THE SELECTION BOARD TO ALLOW FOR DIFFERENCES IN NATIONAL EDUCATIONAL SYSTEMS , THE SELECTION BOARD IS NOT IN BREACH OF THAT DUTY WHERE IT REFUSES TO ADMIT A CANDIDATE TO THE TESTS ON THE GROUND THAT THE LATTER HAS NOT OBTAINED A DEGREE OR DIPLOMA BECAUSE HE DID NOT PURSUE A UNIVERSITY COURSE TO THE END .