ddrg/super_eurlex huggingface dataset:
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NON-CONTRACTUAL LIABILITY - DAMAGE - ASSESSMENT - DATE TO BE TAKEN INTO ACCOUNT - DAMAGE CAUSED BY THE ABOLITION OF PRODUCTION REFUNDS - PAYMENT OF THE EQUIVALENT AMOUNT ORDERED BY INTERLOCUTORY JUDGMENT - RATE FOR CONVERSION INTO NATIONAL CURRENCY - EXCHANGE RATE PREVAILING AT THE DATE OF THE INTERLOCUTORY JUDGMENT

( EEC TREATY , ART . 215 , SECOND PARA .)

Summary

IT IS CLEAR FROM THE INTERLOCUTORY JUDGMENT OF 4 OCTOBER 1979 BY WHICH THE EUROPEAN ECONOMIC COMMUNITY WAS ORDERED TO PAY TO THE APPLICANTS BY WAY OF DAMAGES FOR NON-CONTRACTUAL LIABILITY AMOUNTS EQUIVALENT TO THE PRODUCTION REFUNDS UNLAWFULLY ABOLISHED , WITH INTEREST AS FROM THE DATE OF JUDGMENT , THAT THE COURT INTENDED TO ASSESS THE DAMAGE AS IT STOOD AT THE DATE OF THAT JUDGMENT .

THE ONLY METHOD OF CALCULATION ALLOWING THE DAMAGE TO BE ASSESSED , ON THE BASIS OF THE REFUNDS ABOLISHED , EQUALLY FOR ALL PRODUCERS IN THE COMMUNITY , IRRESPECTIVE OF THEIR PLACE OF ESTABLISHMENT , IS TO DETERMINE THE AMOUNT OF THE REFUNDS IN QUESTION BY CARRYING OUT THE CONVERSION BETWEEN NATIONAL CURRENCY AND THE EUROPEAN CURRENCY UNIT , WHICH HAD IN THE MEANTIME REPLACED THE UNIT OF ACCOUNT , AT THE RATE OF EXCHANGE PREVAILING AT THE DATE OF THE INTERLOCUTORY JUDGMENT .
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1 . OFFICIALS - COMPLAINTS - IMPLIED DECISION REJECTING - REASONS ON WHICH BASED - DECISION WHICH WAS THE SUBJECT OF THE COMPLAINT - REVIEW

( STAFF REGULATIONS OF OFFICIALS , FOURTH SUBPARAGRAPH OF ARTICLE 90 ( 2 ))

2 . OFFICIALS - RECRUITMENT - REJECTION ON ACCOUNT OF PHYSICAL UNFITNESS - ACT ADVERSELY AFFECTING THE OFFICIAL - REASONS ON WHICH BASED - PROFESSIONAL SECRECY - METHOD OF PROCEEDING

( STAFF REGULATIONS OF OFFICIALS , ARTICLES 25 AND 28 ( E ))

3 . MEASURE ADOPTED BY AN INSTITUTION - GRAVE PREJUDICE TO INTERESTS OF AN INDIVIDUAL - OPPORTUNITY TO EXPRESS HIS POINT OF VIEW - DUTY OF ADMINISTRATION

4 . OFFICIALS - COURT OF JUSTICE - JURISDICTION - LIMITS

Summary

1 . UNDER THE CONDITIONS REFERRED TO IN THE FOURTH SUBPARAGRAPH OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS THE STATEMENT OF REASONS ON WHICH AN IMPLIED DECISION REJECTING A COMPLAINT IS BASED IS NECESSARILY DEEMED TO BE THE SAME AS THE STATEMENT OF REASONS OR THE ABSENCE OF REASONS FOR THE DECISION WHICH WAS THE SUBJECT OF THE UNANSWERED COMPLAINT , WITH THE RESULT THAT THE GROUNDS FOR EACH OF THEM MUST BE REVIEWED AT ONE AND THE SAME TIME .

2 . THE REFUSAL , ON ACCOUNT OF PHYSICAL UNFITNESS , TO ENGAGE A CANDIDATE FOR APPOINTMENT AS AN OFFICIAL WHO HAS BEEN PLACED ON A RESERVE LIST , CON- STITUTES A DECISION ADVERSELY AFFECTING HIM WITHIN THE MEANING OF ARTICLE 25 OF THE STAFF REGULATIONS THE REASONS FOR WHICH MUST IN CONSEQUENCE BE STATED . NEVERTHELESS , THE DUTY TO STATE THE REASONS MUST BE RECONCILED WITH THE REQUIREMENTS OF PROFESSIONAL SECRECY WHICH , SAVE IN EXCEPTIONAL CIRCUMSTANCES , LEAVE THE INDIVIDUAL DOCTOR TO DECIDE WHETHER TO COMMUNICATE TO THOSE WHOM HE IS TREATING OR EXAMINING THE NATURE OF THE CONDITION FROM WHICH THEY MAY BE SUFFERING . THIS RECONCILIATION IS EFFECTED THROUGH THE ABILITY OF THE PERSON CONCERNED TO REQUEST AND ENSURE THE COMMUNICATION TO A DOCTOR OF HIS CHOICE OF THE GROUNDS ON WHICH HE HAS BEEN DECLARED UNFIT ; THIS INFORMATION SHOULD ENABLE THE PERSON CONCERNED , EITHER HIMSELF OR THROUGH HIS DOCTOR , TO JUDGE WHETHER THE DECISION SETTING ASIDE HIS APPOINTMENT CONFORMS WITH THE REQUIREMENTS OF THE STAFF REGULATIONS .

3 . WHEN ANY ADMINISTRATIVE BODY ADOPTS A MEASURE WHICH IS LIABLE GRAVELY TO PREJUDICE THE INTERESTS OF AN INDIVIDUAL IT IS BOUND TO PUT HIM IN A POSITION TO EXPRESS HIS POINT OF VIEW .

4 . THE COURT HAS NO JURISDICTION TO DECLARE , BY PUTTING ITSELF IN THE PLACE OF THE APPOINTING AUTHORITY , THAT ITS DECISION SHALL BE EQUIVALENT TO THE MAKING OF AN APPOINTMENT .
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CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION OR GRANT OF AN ORDER FOR ENFORCEMENT IN ONE CONTRACTING STATE OF A JUDGMENT GIVEN IN ANOTHER CONTRACTING STATE - STAY OF THE PROCEEDINGS FOR RECOGNITION OR ENFORCEMENT - APPEAL LODGED IN THE STATE IN WHICH THE JUDGMENT WAS GIVEN AGAINST THE FOREIGN JUDGMENT - CONCEPT OF ' ORDINARY APPEAL ' WITHIN THE MEANING OF ARTICLES 30 AND 38 OF THE CONVENTION - DIFFERENCES IN THE LEGAL CONCEPTS OF THE VARIOUS CONTRACTING STATES WITH REGARD TO THE DISTINCTION BETWEEN ' ORDINARY ' AND ' EXTRAORDINARY ' APPEALS - DEFINITION OF THE CONCEPT OF ' ORDINARY APPEAL ' SOLELY WITHIN THE FRAMEWORK OF THE CONVENTION - MEANING

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLES 30 AND 38 )

Summary

1 . BECAUSE OF THE DIFFERENCES IN THE LEGAL CONCEPTS OF THE MEMBER STATES WHICH ARE PARTIES TO THE CONVENTION OF 27 SEPTEMBER 1968 WITH REGARD TO THE DISTINCTION BETWEEN ' ORDINARY ' AND ' EXTRAORDINARY ' APPEALS , THE MEANING OF THE CONCEPT OF ' ORDINARY APPEAL ' CANNOT BE DETERMINED BY REFERENCE TO A NATIONAL LEGAL SYSTEM , WHETHER THAT OF THE STATE IN WHICH THE JUDGMENT WAS GIVEN OR THAT OF THE STATE IN WHICH RECOGNITION OR ENFORCEMENT IS SOUGHT . THIS CONCEPT MAY THEREFORE BE DEFINED SOLELY WITHIN THE FRAMEWORK OF THE CONVENTION ITSELF .

2 . IN VIEW OF THE STRUCTURE OF ARTICLES 30 AND 38 AND OF THEIR FUNCTION IN THE SYSTEM OF THE CONVENTION , ANY APPEAL WHICH IS SUCH THAT IT MAY RESULT IN THE ANNULMENT OR THE AMENDMENT OF THE JUDGMENT WHICH IS THE SUBJECT-MATTER OF THE PROCEDURE FOR RECOGNITION OR ENFORCEMENT UNDER THE CONVENTION AND THE LODGING OF WHICH IS BOUND , IN THE STATE IN WHICH JUDGMENT WAS GIVEN , TO A PERIOD WHICH IS LAID DOWN BY THE LAW AND STARTS TO RUN BY VIRTUE OF THAT SAME JUDGMENT CONSTITUTES AN ' ORDINARY APPEAL ' WHICH HAS BEEN LODGED OR MAY BE LODGED AGAINST A FOREIGN JUDGMENT .
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SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - ENTITLEMENT BY VIRTUE OF NATIONAL LEGISLATION ALONE - FULL APPLICATION OF THE LATTER - ADVANTAGES OF THE SYSTEM - AGGREGATION AND APPORTIONMENT - PREFERENCE

REGULATION NO 1408/71 , ARTICLE 46 ( 1 )

Summary

SO LONG AS A WORKER IS RECEIVING A PENSION BY VIRTUE OF NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THE NATIONAL LEGISLATION , INCLUDING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , FROM BEING APPLIED TO HIM IN ITS ENTIRETY , PROVIDED THAT IF THE APPLICATION OF SUCH NATIONAL LEGISLATION PROVES LESS FAVOURABLE THAN THE APPLICATION OF THE RULES REGARDING AGGREGATION AND APPORTIONMENT THOSE RULES MUST , BY VIRTUE OF ARTICLE 46 ( 1 ) OF REGULATION NO 1408/71 , BE APPLIED .
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COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - SCIENTIFIC INSTRUMENT OR APPARATUS - DEFINITION - CRITERIA

( REGULATION NO 1798/75 OF THE COUNCIL , ARTICLE 3 )

Summary

THE WORDS ' SCIENTIFIC INSTRUMENT OR APPARATUS ' APPEARING IN ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 REFER TO AN INSTRUMENT OR APPARATUS POSSESSING OBJECTIVE CHARACTERISTICS WHICH MAKE IT PARTICULARLY SUITABLE FOR PURE SCIENTIFIC RESEARCH .

SINCE SUCH A PURPOSE MUST BE ASSESSED OBJECTIVELY , ON THE BASIS ONLY OF THOSE CHARACTERISTICS , THE FACT THAT THE INSTRUMENT OR APPARATUS IS USED , IN INDUSTRY OR ELSEWHERE , FOR COMMERCIAL PURPOSES DOES NOT OF ITSELF NECESSARILY EXCLUDE ITS BEING OF A SCIENTIFIC NATURE WITHIN THE MEANING OF REGULATION NO 1798/75 , AND HENCE ITS RIGHT TO EXEMPTION FROM CUSTOMS DUTIES UNDER THAT REGULATION , PROVIDED THAT THE OTHER REQUIREMENTS LAID DOWN FOR THOSE PURPOSES ARE ALSO SATISFIED .
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CONVENTION OF 27 SEPTEMBER 1968 - EXCLUSIVE JURISDICTION - MATTERS RELATING TO TENANCIES OF IMMOVABLE PROPERTY - STRICT INTERPRETATION - BUSINESS CARRIED ON IN IMMOVABLE PROPERTY RENTED FROM A THIRD PARTY BY THE LESSOR - AGREEMENT TO RUN THE BUSINESS - APPLICATION OF ARTICLE 16 EXCLUDED - DISPUTE AS TO THE EXISTENCE OF SUCH AN AGREEMENT

Summary

THE ASSIGNMENT , IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE , OF EXCLUSIVE JURISDICTION TO THE COURTS OF ONE CONTRACTING STATE IN ACCORDANCE WITH ARTICLE 16 OF THE CONVENTION RESULTS IN DEPRIVING THE PARTIES OF THE CHOICE OF THE FORUM WHICH WOULD OTHERWISE BE THEIRS AND , IN CERTAIN CASES , RESULTS IN THEIR BEING BROUGHT BEFORE A COURT WHICH IS NOT THAT OF THE DOMICILE OF ANY OF THEM . HAVING REGARD TO THAT CONSIDERATION THE PROVISIONS OF ARTICLE 16 MUST NOT BE GIVEN A WIDER INTERPRETATION THAN IS REQUIRED BY THEIR OBJECTIVE . THEREFORE , THE CONCEPT OF ' MATTERS RELATING TO . . . TENANCIES OF IMMOVABLE PROPERTY ' WITHIN THE CONTEXT OF ARTICLE 16 OF THE CONVENTION MUST NOT BE INTERPRETED AS INCLUDING AN AGREEMENT TO RENT UNDER A USUFRUCTUARY LEASE A RETAIL BUSINESS ( VERPACHTING VAN EEN WINKELBEDRIJF ) CARRIED ON IN IMMOVABLE PROPERTY RENTED FROM A THIRD PERSON BY THE LESSOR . THE FACT THAT THERE IS A DISPUTE AS TO THE EXISTENCE OF SUCH AN AGREEMENT DOES NOT AFFECT THE REPLY GIVEN AS REGARDS THE APPLICABILITY OF ARTICLE 16 OF THE CONVENTION .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - APPLICATION TO SURVIVORS OF A WORKER - CONDITIONS - MOVEMENT WITHIN THE COMMUNITY

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

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - NATURE - RECIPIENT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( U ) ( II ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SURVIVORS ' BENEFITS - ORPHANS ' PENSION - NATURE - RECIPIENT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 78 )

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - ORPHANS ' BENEFITS - OVERLAPPING - COMMUNITY RULES - PROVISION FOR SUSPENSION - CONDITIONS FOR APPLICATION - OVERLAPPING OF BENEFITS OF SAME KIND

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 79 ( 3 ))

Summary

1 . THE APPLICATION OF REGULATION NO 1408/71 IS NOT LIMITED TO WORKERS OR THEIR SURVIVORS WHO HAVE BEEN EMPLOYED IN SEVERAL MEMBER STATES OR WHO ARE , OR HAVE BEEN , EMPLOYED IN ONE STATE WHILST RESIDING IN ANOTHER . THE REGULATION ALSO APPLIES EVEN WHEN THE RESIDENCE IN ANOTHER MEMBER STATE WAS NOT THAT OF THE WORKER HIMSELF BUT OF A SURVIVOR OF HIS .

2 . IN THE SYSTEM ESTABLISHED BY REGULATION NO 1408/71 FAMILY ALLOWANCES ARE GENERATED BY AN ACTUAL OCCUPATION ( EVEN IF THE WORKER IS NO LONGER ENGAGED IN SUCH OCCUPATION ) AND THE DIRECT AND SOLE RECIPIENT IS THE WORKER HIMSELF .

3 . THE DIRECT AND SOLE RECIPIENT OF THE ORPHANS ' PENSION IS THE ORPHAN HIMSELF AND THE PENSION , LIKE OTHER SURVIVORS ' BENEFITS , CONSTITUTES THE PROJECTION IN TIME OF A PRIOR OCCUPATION , PURSUIT OF WHICH CEASED ON THE DEATH OF THE WORKER .

4 . THE RIGHT TO THE BENEFITS REFERRED TO IN ARTICLE 79 ( 3 ) OF REGULATION NO 1408/71 IS TO BE SUSPENDED , PURSUANT TO THE PROVISIONS OF THAT PARAGRAPH , IN ORDER TO PREVENT DUPLICATION OF BENEFITS ONLY IN SO FAR AS THAT RIGHT OVERLAPS RIGHTS TO BENEFITS OF THE SAME KIND ACQUIRED BY VIRTUE OF THE PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY .
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AGRICULTURE

- AGRICULTURAL PRODUCER - CONCEPT - COMMUNITY DEFINITION - ABSENCE - DUTIES OF THE COMPETENT AUTHORITIES

( EEC TREATY , ART . 38 ET SEQ .; REGULATION ( EEC ) NO 2464/69 OF THE COUNCIL , ART . 1 )

Summary

ALTHOUGH IN CERTAIN RESPECTS ARTICLE 38 AND THE RELATED PROVISIONS ALLOW THE SCOPE OF THE AGRICULTURAL PROVISIONS OF THE TREATY TO BE DEFINED , IN OTHER RESPECTS , PARTICULARLY AS REGARDS THE TYPE OF UNDERTAKINGS SUBJECT TO THE PROVISIONS IN QUESTION , THE CONCEPT OF AGRICULTURE IS NOT PRECISELY DEFINED IN THE TREATY . CONSEQUENTLY , FOR THE PURPOSES OF THE AGRICULTURAL RULES DERIVED FROM THE TREATY , IT IS FOR THE COMPETENT AUTHORITIES WHERE NECESSARY TO DEFINE THE SCOPE OF SUCH RULES IN RELATION TO PERSONS AND IN RELATION TO SUBJECT- MATTER .
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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - PRODUCTS AFFECTED - PRODUCTS WHOSE PRICE DEPENDS ON THE PRICE OF PRODUCTS COVERED BY INTERVENTION ARRANGEMENTS - DEPENDENCE OF PRICES

( REGULATION NO 974/71 OF THE COUNCIL , ART . 1 ( 2 ) ( B ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION TO POWDERED WHEY - ARTICLE 1 OF REGULATION NO 539/75 OF THE COMMISSION- INVALIDITY

Summary

1 . THE PRICE OF A PRODUCT WHICH IS COVERED BY THE COMMON ORGANIZATION OF THE MARKETS DEPENDS WITHIN THE MEANING OF ARTICLE 1 ( 2 ) ( B ) OF REGULATION NO 974/71 ON THE PRICE OF A PRODUCT COVERED BY INTERVENTION ARRANGEMENTS UNDER THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS IF THE FORMER PRICE FLUCTUATES APPRECIABLY OWING TO THE INCIDENCE OF THE VARIATIONS IN THE LATTER PRICE .

2 . ARTICLE 1 OF REGULATION ( EEC ) NO 539/75 OF THE COMMISSION OF 28 FEBRUARY 1975 IS INVALID IN SO FAR AS IT FIXES COMPENSATORY AMOUNTS IN RESPECT OF TRADE IN POWDERED WHEY .
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COMMON AGRICULTURAL POLICY - APPROXIMATION OF LEGISLATION ON PUBLIC HEALTH AND VETERINARY INSPECTIONS - IMPORTS FROM THIRD COUNTRIES - HEALTH INSPECTIONS - CHARGES - DIRECTIVE NO . 72/462 - APPLICATION BY ANALOGY - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 72/462/EEC , ARTS . 12 , 23 , 24 AND 26 )

Summary

COUNCIL DIRECTIVE NO 72/462/EEC , WHICH PLACES A DUTY ON MEMBER STATES TO CARRY OUT HEALTH INSPECTIONS UPON THE IMPORTATION OF BOVINE ANIMALS AND SWINE AND FRESH MEAT FROM THIRD COUNTRIES AND PROVIDES THAT THE RESULTING EXPENSES MUST BE PAID BY THE TRADERS CONCERNED , CANNOT BE APPLIED BY ANALOGY TO THE IMPORTATION OF OTHER PRODUCTS ( IN THIS CASE , PRESERVED MEAT ).
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1 . OFFICIALS - APPLICATIONS TO THE COURT - RIGHT OF ACTION - PERSONS CLAIMING THE STATUS OF OFFICIALS OR EMPLOYEES OTHER THAN LOCAL STAFF

2 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION PROVIDING FOR A RECRUITMENT PROCEDURE DEROGATING FROM THE PROVISIONS OF THE STAFF REGULATIONS OF OFFICIALS

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COUNCIL REGULATION NO 3332/82 )

3 . OBJECTION OF ILLEGALITY - NOT AN INDEPENDENT RIGHT OF ACTION

( EEC TREATY , ART . 184 )

4 . OFFICIALS - STATUS OF OFFICIAL - CONDITIONS FOR THE ACQUISITION THEREOF

( STAFF REGULATIONS OF OFFICIALS , ART . 1 , FIRST PARAGRAPH )

5 . BUDGET OF THE EUROPEAN COMMUNITIES - SCOPE - NOT BINDING ON THE LEGISLATIVE AUTHORITIES

6 . PARLIAMENT - RESOLUTION - SCOPE - NOT BINDING

Summary

1 . IT IS NOT ONLY PERSONS WHO HAVE THE STATUS OF OFFICIALS OR OF EMPLOYEES OTHER THAN LOCAL STAFF WHO MAY BRING AN ACTION BEFORE THE COURT TO CONTEST A DECISION ADVERSELY AFFECTING THEM BUT ALSO PERSONS CLAIMING THAT STATUS .

2 . A REGULATION ADOPTED FOR THE PURPOSE OF RECRUITING CERTAIN PERSONS UNDER CONDITIONS DEROGATING FROM THE PROVISIONS OF THE STAFF REGULATIONS OF OFFICIALS IS OF DIRECT AND INDIVIDUAL CONCERN TO THEM , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY , WHERE THE APPOINTING AUTHORITY HAS NO DISCRETION WITH REGARD TO ITS IMPLEMENTATION AND THE NUMBER AND THE IDENTITY OF THOSE WHO COULD BE AFFECTED BY IT WERE DEFINITIVELY DETERMINED AT THE TIME WHEN IT WAS ADOPTED .

3 . IN ALLOWING A PARTY TO PLEAD THE INAPPLICABILITY OF A REGULATION , ARTICLE 184 DOES NOT CREATE AN INDEPENDENT RIGHT OF ACTION ; SUCH A PLEA MAY ONLY BE RAISED INDIRECTLY IN PROCEEDINGS AGAINST AN IMPLEMENTING MEASURE , THE VALIDITY OF THE REGULATION BEING CHALLENGED IN SO FAR AS IT CONSTITUTES THE LEGAL BASIS OF THAT MEASURE .

4 . THE FACT THAT A LEGAL PERSON SUBJECT TO THE LAW OF A MEMBER STATE MAINTAINS CLOSE RELATIONS WITH THE COMMISSION AND IS LARGELY SUBJECT TO ITS CONTROL DOES NOT TRANSFORM IT INTO AN ADMINISTRATIVE UNIT OF THE COMMISSION , NOR DOES IT CONFER THE STATUS OF OFFICIALS OR SERVANTS OF THE COMMUNITIES ON ITS STAFF , SINCE THE CONDITIONS LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 1 OF THE STAFF REGULATIONS OF OFFICIALS ARE NOT FULFILLED WITH RESPECT TO THOSE STAFF .

5 . NEITHER THE BUDGET NOR A FORTIORI AN EXPLANATORY REMARK CAN BE SUBSTITUTED FOR THE RULES ADOPTED BY THE COMMUNITY LEGISLATIVE AUTHORITIES ; NOR ARE THEY BINDING ON THOSE AUTHORITIES .

6 . A RESOLUTION OF THE PARLIAMENT IS NOT BINDING AND CANNOT GIVE RISE TO THE LEGITIMATE EXPECTATION THAT THE INSTITUTIONS WILL COMPLY WITH IT .
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1 . OFFICIALS - APPEAL - DECISION OF A SELECTION BOARD FOR A COMPETITION - PRIOR COMPLAINT - NOT A NECESSARY CONDITION - SUBMISSION - CONSEQUENCES - RIGHT OF APPEAL TO THE COURT UNAFFECTED

( STAFF REGULATIONS , ARTS . 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - ASSISTANCE OF EXAMINERS IN AN ADVISORY CAPACITY - CONDITIONS

( STAFF REGULATIONS , ANNEX III , SECOND PARAGRAPH OF ARTICLE 3 )

3 . OFFICIALS - RECRUITMENT - NOTICE OF COMPETITION - CONDITIONS FOR ADMISSION - GENERAL TERMS - SELECTION BOARD - DECISION - REJECTION OF APPLICATION - OBLIGATION TO STATE REASONS - SCOPE

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

Summary

1 . REFERENCE TO THE APPOINTING AUTHORITY OF A COMPLAINT THROUGH OFFICIAL CHANNELS AGAINST THE DECISION OF A SELECTION BOARD FOR A COMPETITON LIES OUTSIDE THE SCOPE OF THE PROVISIONS OF THE STAFF REGULATIONS IN VIEW OF THE FACT THAT THE APPOINTING AUTHORITY HAS NO POWER TO ANNUL OR AMEND THE DECISIONS OF A SELECTION BOARD . IF , NEVERTHELESS , THE PERSON CONCERNED SENDS THE APPOINTING AUTHORITY A COMPLAINT THROUGH OFFICIAL CHANNELS , SUCH A STEP , WHATEVER ITS LEGAL SIGNIFICANCE MAY BE , CANNOT HAVE THE CONSEQUENCE OF DEPRIVING HIM OF HIS RIGHT TO APPLY DIRECTLY TO THE COURT IN VIEW OF THE FACT THAT THIS IS A RIGHT WHICH HE CANNOT RENOUNCE AND WHICH IS THEREFORE NOT CAPABLE OF BEING AFFECTED BY HIS INDIVIDUAL BEHAVIOUR .

2 . THE SECOND PARAGRAPH OF ARTICLE 3 OF ANNEX III CANNOT BE UNDERSTOOD AS ENUMERATING EXHAUSTIVELY THE CASES IN WHICH A SELECTION BOARD MAY LEGITIMATELY HAVE RECOURSE TO THE ASSISTANCE OF EXAMINERS IN AN ADVISORY CAPACITY AND , IN PARTICULAR , DOES NOT PREVENT A SELECTION BOARD FROM HAVING RECOURSE TO SUCH A PROCEDURE IN CASES IN WHICH THE LARGE NUMBER OF CANDIDATES INVOLVED IN A COMPETITION WOULD OTHERWISE PREVENT THE SELECTION BOARD FROM COMPLETING ITS WORK WITHIN A REASONABLE PERIOD . IT IS NECESSARY , HOWEVER , FOR THE SELECTION BOARD TO RETAIN ULTIMATE CONTROL OVER THE PROCEDURES AND ITS DISCRETIONARY POWER .

3 . ALTHOUGH THE USE OF GENERAL FORMULAE TO DEFINE THE CONDITIONS FOR ADMISSION TO A COMPETITION MAY BE ACCEPTED WHEN THE NOTICE OF COMPETITION IS ADDRESSED TO A GROUP OF INDIVIDUALS OF DIFFERING ORIGIN AND EDUCATION , THE COUNTERPART IS THAT THE SELECTION BOARD FOR THE COMPETITION IS BOUND TO GIVE REASONS FOR ITS DECISIONS TO REJECT APPLICATIONS . IN THIS CONNEXION , ALTHOUGH IT IS PERMISSIBLE , HAVING REGARD TO THE LARGE NUMBER OF CANDIDATES , TO MAKE USE OF SUMMARIZED STATEMENTS OF REASONS , A MERE STATEMENT THAT THE CANDIDATE DOES NOT FULFILL A CONDITION MADE UP OF SEVERAL DIFFERENT ELEMENTS CANNOT HOWEVER STATISFY THE REQUIREMENT TO STATE REASONS IN VIEW PARTICULARLY OF THE FACT THAT SUCH A STATEMENT IS NOT CAPABLE OF PROVIDING THE PERSON CONCERNED WITH A SUFFICIENT INDICATION TO ALLOW HIM TO KNOW WHETHER THE REFUSAL IS WELL FOUNDED OR ON THE OTHER HAND WHETHER IT IS VITIATED BY A DEFECT WHICH WOULD MAKE IT POSSIBLE TO CONTEST ITS LEGALITY .
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Keywords

1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - AGREEMENT CONFERRING JURISDICTION - MUTUAL ASSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF DOMICILE OF THE DEFENDANT - LAWFULNESS

( CONVENTION OF 27 SEPTEMBER 1968 , FIRST PARAGRAPH OF ARTICLE 17 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - AGREEMENT CONFERRING JURISDICTION - MUTUAL ASSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF DOMICILE OF THE DEFENDANT - POWER OF SUCH COURTS TO TAKE INTO ACCOUNT A SET-OFF CONNECTED WITH THE LEGAL RELATIONSHIP IN DISPUTE - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , FIRST PARAGRAPH OF ARTICLE 17 )

Summary

1 . ALTHOUGH , WITH REGARD TO AN AGREEMENT CONFERRING JURISDICTION , ARTICLE 17 OF THE BRUSSELS CONVENTION , AS IT IS WORDED , REFERS TO THE CHOICE BY THE PARTIES TO A CONTRACT OF A SINGLE COURT OR THE COURTS OF A SINGLE STATE , THAT WORDING CANNOT BE INTERPRETED AS PROHIBITING AN AGREEMENT UNDER WHICH THE TWO PARTIES TO A CONTRACT , WHO ARE DOMICILED IN DIFFERENT STATES , CAN BE SUED ONLY IN THE COURTS OF THEIR RESPECTIVE STATES .

2 . HAVING REGARD TO THE NEED TO RESPECT INDIVIDUALS ' RIGHT OF INDEPENDENCE , UPON WHICH ARTICLE 17 IS BASED , AND THE NEED TO AVOID SUPERFLUOUS PROCEDURE , WHICH FORMS THE BASIS OF THE CONVENTION AS A WHOLE , THE FIRST PARAGRAPH OF ARTICLE 17 CANNOT BE INTERPRETED AS PREVENTING A COURT BEFORE WHICH PROCEEDINGS HAVE BEEN INSTITUTED PURSUANT TO A CLAUSE OF THE TYPE DESCRIBED ABOVE FROM TAKING INTO ACCOUNT A CLAIM FOR A SET-OFF CONNECTED WITH THE LEGAL RELATIONSHIP IN DISPUTE IF SUCH COURT CONSIDERS THAT COURSE TO BE COMPATIBLE WITH THE LETTER AND SPIRIT OF THE CLAUSE CONFERRING JURISDICTION .
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Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - IMPORT AND EXPORT LICENCES - SYSTEM OF SECURITIES - OBLIGATION TO IMPORT OR EXPORT - FULFILMENT - FURNISHING OF PROOF - PERIOD - FAILURE TO OBSERVE PERIOD - PENALTY - LOSS OF WHOLE OF SECURITY - PRINCIPLE OF PROPORTIONALITY - INFRINGEMENT - ARTICLE 3 OF COMMISSION REGULATION NO 499/76 - INVALID

Summary

THE PENALTY LAID DOWN IN ARTICLE 3 OF REGULATION NO 499/76 MUST BE HELD TO BE EXCESSIVELY SEVERE IN RELATION TO THE OBJECTIVES OF ADMINISTRATIVE EFFICIENCY IN THE CONTEXT OF THE SYSTEM OF IMPORT AND EXPORT LICENCES . IN PROVIDING FOR THE LOSS OF THE WHOLE OF THE SECURITY IN THE EVENT OF NON-OBSERVANCE OF THE PERIOD LAID DOWN FOR THE FURNISHING OF PROOF OF IMPORTATION OR EXPORTATION , THE SAID PROVISION APPLIES A FIXED PENALTY TO AN INFRINGEMENT WHICH IS CONSIDERABLY LESS SERIOUS THAN THAT OF FAILURE TO FULFIL THE OBLIGATION TO IMPORT OR EXPORT WHICH THE SECURITY ITSELF IS INTENDED TO GUARANTEE , WHICH IS SANCTIONED BY AN ESSENTIALLY PROPORTIONATE PENALTY . ALTHOUGH , IN VIEW OF THE INCONVENIENCE CAUSED BY THE BELATED PRODUCTION OF PROOFS , THE COMMISSION WAS ENTITLED TO INTRODUCE A PERIOD IN THIS CONNEXION , IT SHOULD HAVE SANCTIONED FAILURE TO COMPLY WITH THAT PERIOD ONLY WITH A PENALTY CONSIDERABLY LESS ONEROUS FOR THOSE CONCERNED THAN THAT PRESCRIBING THE LOSS OF THE WHOLE OF THE SECURITY AND MORE CLOSELY ALLIED TO THE PRACTICAL EFFECTS OF SUCH AN OMISSION . ARTICLE 3 OF REGULATION NO 499/76 IS THEREFORE INVALID .
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CASE 127/78

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITION

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

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION LIMITED TO INTRA-COMMUNITY TRADE - PERMISSIBILITY

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

Summary

1 . ARTICLE 1 ( 1 ) OF REGULATION NO 974/71 , AS AMENDED BY REGULATION NO 509/73 OF THE COUNCIL , DOES NOT PRESCRIBE AS A CONDITION FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS THAT THERE SHOULD HAVE BEEN A RECENT ALTERATION IN THE EXCHANGE RATE OF THE CURRENCY OF THE MEMBER STATE IN QUESTION . IT IS SUFFICIENT THAT AT THE TIME WHEN THE MONETARY COMPENSATORY AMOUNTS ARE APPLIED THE EXCHANGE RATE EXCEEDS THE FLUCTUATION MARGINS PERMITTED BY THE INTERNATIONAL RULES IN FORCE ON 12 MAY 1971 .

2 . ARTICLE 1 ( 1 ) OF REGULATION NO 974/71 CANNOT BE INTERPRETED AS REQUIRING THAT MONETARY COMPENSATORY AMOUNTS SHOULD BE APPLIED SIMULTANEOUSLY IN INTRA-COMMUNITY TRADE AND IN TRADE WITH NON-MEMBER COUNTRIES EVEN WHEN THE SITUATIONS ARE DIFFERENT .