ddrg/super_eurlex huggingface dataset:
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INTERNATIONAL AGREEMENTS - SECOND YAOUNDE CONVENTION - PROTOCOL NO 6 ON THE ADMINISTRATION OF COMMUNITY AID - AWARD AND PERFORMANCE OF PUBLIC WORKS CONTRACTS - RESPECTIVE ROLES OF THE ACP STATE AND THE COMMISSION - ACP STATE RESPONSIBLE FOR THE CONCLUSION AND IMPLEMENTATION OF CONTRACTS - LEGAL RELATIONSHIP BETWEEN AN UNDERTAKING WHICH SUBMITS A TENDER OR IS AWARDED A CONTRACT AND THE COMMISSION - NONE - CLAIM THAT THE COMMUNITY IS LIABLE - WHETHER PERMISSIBLE

( EEC TREATY , ARTS 178 AND 215 , 2ND PARAGRAPH ; SECOND YAOUNDE CONVENTION OF 29 JULY 1969 , PROTOCOL NO 6 , ART . 17 ( 1 ))

Summary

THE MEASURES ADOPTED BY THE COMMISSION ' S REPRESENTATIVES DURING THE PROCEDURE FOR THE CONCLUSION OR IMPLEMENTATION OF CONTRACTS CONCLUDED BY THE STATES ASSOCIATED WITH THE COMMUNITY AND FINANCED BY THE EUROPEAN DEVELOPMENT FUND ARE SOLELY INTENDED TO ESTABLISH WHETHER OR NOT THE CONDITIONS FOR COMMUNITY FINANCING ARE MET . THEY ARE NOT INTENDED TO INTERFERE WITH THE PRINCIPLE THAT THE CONTRACTS IN QUESTION REMAIN NATIONAL CONTRACTS WHICH THE ACP STATES ALONE ARE RESPONSIBLE FOR PREPARING , NEGOTIATING AND CONCLUDING ; NOR COULD THEY HAVE THAT EFFECT . THE MEASURES ADOPTED BY THE COMMISSION ' S REPRESENTATIVES IN THE COURSE OF THE PROCEDURE FOR THE PLACING OR IMPLEMENTATION OF THOSE CONTRACTS CANNOT BE REGARDED AS BEING ADDRESSED TO UNDERTAKINGS WHICH SUBMIT TENDERS FOR OR ARE AWARDED CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND . SUCH AN UNDERTAKING HAS LEGAL RELATIONS ONLY WITH THE ACP STATE WHICH IS RESPONSIBLE FOR THE CONTRACT , AND MEASURES ADOPTED BY THE REPRESENTATIVES OF THE COMMISSION CANNOT SUBSTITUTE IN RELATION TO THE UNDERTAKING A COMMUNITY DECISION FOR THE DECISION OF THE ACP STATE .

HOWEVER , THOSE CONSIDERATIONS CANNOT AFFECT THE ADDITIONAL REMEDIES AVAILABLE TO ANY UNDERTAKING CONCERNED AGAINST THE COMMISSION UNDER THE PROCEDURES LAID DOWN IN ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY .
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1 . OFFICIALS - APPLICATION TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - DECISION OF THE ADMINISTRATION WHICH MAY BE REGARDED AS A DECISION OF THE APPOINTING AUTHORITY - ADMISSIBILITY

( STAFF REGULATIONS , ARTS 90 AND 91 )

2.OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - HOUSEHOLD ALLOWANCE - ALLOWANCE FOR A PERSON TREATED AS A DEPENDENT CHILD - ENTITLEMENT TO BOTH - PERMISSIBILITY

( STAFF REGULATIONS , ART . 67 ; ANNEX VII , ARTS 1 ( 2 ) ( C ) AND 2 ( 4 ))

3.OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - HOUSEHOLD ALLOWANCE - GRANT - CIRCUMSCRIBED POWERS OF THE ADMINISTRATION

( STAFF REGULATIONS , ANNEX VII , ART . 1 ( 2 ) ( C ))

Summary

1 . THE ADMISSIBILITY OF AN ACTION AGAINST A DECISION OF THE ADMINISTRATION CANNOT BE CONTESTED ON THE GROUND THAT IT WAS NOT ADOPTED BY THE APPOINTING AUTHORITY DETERMINED IN ACCORDANCE WITH ARTICLE 2 OF THE STAFF REGULATIONS AS LONG AS THE DECISION MAY , IN VIEW OF THE STATUS OF THE AUTHORITY WHICH ADOPTED IT , BE REGARDED BY THE OFFICIAL CONCERNED AS A DECISION OF THE COMPETENT AUTHORITY .

2.ARTICLE 1 ( 2 ) ( C ) AND ARTICLE 2 ( 4 ) OF ANNEX VII TO THE STAFF REGULATIONS PROVIDE FOR TWO DISTINCT , SPECIAL AND REASONED DECISIONS , ADOPTED ON THE BASIS OF SUPPORTING DOCUMENTS , FOR THE PURPOSE OF GRANTING ON THE ONE HAND THE HOUSEHOLD ALLOWANCE AND , ON THE OTHER , THE DEPENDENT CHILD ALLOWANCE TO OFFICIALS WHO DO NOT SATISFY THE CONDITIONS FOR ENTITLEMENT TO THOSE ALLOWANCES IN THE NORMAL WAY . NEITHER OF THOSE PROVISIONS MAKES REFERENCE TO THE OTHER . THE CONDITIONS FOR THE TWO ALLOWANCES ARE DIFFERENT , THE CONDITION LAID DOWN IN ARTICLE 1 ( 2 ) ( C ) BEING APPARENTLY LESS STRICT THAN THAT LAID DOWN IN ARTICLE 2 ( 4 ).

IT FOLLOWS THAT THE GRANT OF EITHER OF THE BENEFITS ENVISAGED BY THE TWO PROVISIONS IN QUESTION IS WITHOUT PREJUDICE TO THE GRANT OF THE OTHER , EITHER BY AUTOMATICALLY GIVING RISE TO ENTITLEMENT OR BY EXCLUDING IT .

3.ARTICLE 1 ( 2 ) ( C ) OF ANNEX VII TO THE STAFF REGULATIONS CONFERS CIRCUMSCRIBED POWERS UPON THE APPOINTING AUTHORITY AND THE APPOINTING AUTHORITY IS REQUIRED TO TAKE A SPECIAL REASONED DECISION GRANTING THE HOUSEHOLD ALLOWANCE IF IT FINDS THAT THE CONDITIONS LAID DOWN IN THAT PROVISION ARE FULFILLED .
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1 . MEASURES ADOPTED TY THE INSTITUTIONS - OBLIGATION TO PROVIDE A STATEMENT OF REASONS - PURPOSE - SCOPE - INDIVIDUAL DECISIONS

2 . ECSC - PRICES - ALIGNMENT - INFRINGEMENT - CONCESSION BY THE AUTHORITIES - JUSTIFICATION - NONE

( ECSC TREATY , ART . 60 )

Summary

1 . THE PURPOSE OF THE OBLIGATION TO STATE THE REASON ON WHICH AN INDIVIDUAL DECISION IS BASED IS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH SUFFICIENT INFORMATION TO MAKE IT POSSIBLE TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY A DEFECT WHICH MAY PERMIT ITS LEGALITY TO BE CONTESTED .

THE EXTENT OF THE OBLIGATION TO STATE REASONS DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .

2.EVEN ON THE ASSUMPTION THAT THERE WAS A PERIOD IN WHICH THE COMMISSION MAY TO SOME EXTENT HAVE SHOWN A CERTAIN LAXITY TOWARDS ALIGNMENT , A CONCESSION ON THE PART OF THE AUTHORITIES CANNOT MAKE AN INFRINGEMENT OF THE PRICING SYSTEM PROVIDED FOR BY ARTICLE 60 OF THE ECSC TREATY LEGITIMATE .
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1 . ORIGIN OF GOODS - DETERMINATION - MEAT - REGULATION NO 964/71 - SCOPE

( REGULATION NO 964/71 OF THE COMMISSION )

2.ORIGIN OF GOODS - DETERMINATION - SUBSTANTIAL PROCESS OR OPERATION - CONCEPT

( REGULATION NO 802/68 OF THE COUNCIL , ART . 5 )

3.ORIGIN OF GOODS - DETERMINATION - BEEF - OPERATIONS SUBSEQUENT TO SLAUGHTER

( REGULATION NO 802/68 OF THE COUNCIL , ART . 5 )

Summary

1 . REGULATION NO 964/71 , ON DETERMINING THE ORIGIN OF THE MEAT AND OFFALS , FRESH , CHILLED OR FROZEN , OF CERTAIN DOMESTIC ANIMALS , DOES NOT HAVE THE EFFECT OF PREVENTING PROCESSING OPERATIONS CARRIED OUT ON MEAT AFTER SLAUGHTER FROM CONFERRING ON THAT MEAT THE ORIGIN OF THE COUNTRY WHERE THOSE OPERATIONS TOOK PLACE .

2 . THE LAST PROCESS OR OPERATION REFERRED TO IN ARTICLE 5 OF REGULATION NO 802/68 ON THE COMMON DEFINITION OF THE CONCEPT OF THE ORIGIN OF GOODS IS ONLY ' ' SUBSTANTIAL ' ' FOR THE PURPOSES OF THAT PROVISION IF THE PRODUCT RESULTING THEREFROM HAS ITS OWN PROPERTIES AND A COMPOSITION OF ITS OWN , WHICH IT DID NOT POSSESS BEFORE THAT PROCESS OR OPERATION . ACTIVITIES ALTERING THE PRESENTATION OF A PRODUCT FOR THE PURPOSES OF ITS USE , BUT WHICH DO NOT BRING ABOUT A SIGNIFICANT QUALITATIVE CHANGE IN ITS PROPERTIES , ARE NOT OF SUCH A NATURE AS TO DETERMINE THE ORIGIN OF THE SAID PRODUCT .

3 . ARTICLE 5 OF REGULATION NO 802/68 MUST BE INTERPRETED AS MEANING THAT THE PROCESSING OF THE MEAT DERIVED FROM BEEF QUARTERS BY BONING , TRIMMING , DRAWING THE SINEWS , CUTTING INTO PIECES AND VACUUM-PACKING DOES NOT CONFER UPON THE MEAT THE ORIGIN OF THE COUNTRY IN WHICH THOSE OPERATIONS ARE CARRIED OUT .
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CONVENTION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS - LIS PENDENS - PROCEEDINGS BROUGHT IN THE COURTS OF DIFFERENT CONTRACTING STATES - COURT ' ' FIRST SEISED ' ' - CONCEPT

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 21 )

Summary

ARTICLE 21 OF THE CONVENTION OF 28 SEPTEMBER 1968 MUST BE INTERPRETED AS MEANING THAT THE COURT ' ' FIRST SEISED ' ' IS THE ONE BEFORE WHICH THE REQUIREMENTS FOR PROCEEDINGS TO BECOME DEFINITIVELY PENDING ARE FIRST FULFILLED , SUCH REQUIREMENTS TO BE DETERMINED IN ACCORDANCE WITH THE NATIONAL LAW OF EACH OF THE COURTS CONCERNED .
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1 . EEC TREATY - ARTICLE 233 - PURPOSE - BENELUX REGIONAL UNION

( EEC TREATY , ART . 233 )

2.FREE MOVEMENT OF GOODS - COMMUNITY TRANSIT - OFFENCES OR IRREGULARITIES - RECOVERY OF CHARGES - COMPETENT MEMBER STATE - DEROGATION FROM COMMUNITY RULES - BENELUX AGREEMENT - APPLICABILITY

( REGULATION NO 542/69 OF THE COUNCIL , ART . 36 ( 1 ) AND ART . 59 )

Summary

1 . THE AIM OF ARTICLE 233 OF THE EEC TREATY IS TO PREVENT THE APPLICATION OF COMMUNITY LAW FROM CAUSING THE DISINTEGRATION OF THE REGIONAL UNION ESTABLISHED BETWEEN BELGIUM , LUXEMBOURG AND THE NETHERLANDS OR FROM HINDERING ITS DEVELOPMENT . IT THEREFORE ENABLES THE THREE MEMBER STATES CONCERNED TO APPLY , IN DEROGATION FROM THE COMMUNITY RULES , THE RULES IN FORCE WITHIN THEIR UNION IN SO FAR AS IT FURTHER ADVANCED THAN THE COMMON MARKET .

2.ARTICLE 59 OF REGULATION NO 542/69 ON COMMUNITY TRANSIT MUST BE INTERPRETED AS MEANING THAT THE NETHERLANDS MAY APPLY TO A COMMUNITY TRANSIT DOCUMENT A BENELUX AGREEMENT WHICH PROVIDES , IN DEROGATION FROM ARTICLE 36 ( 1 ) OF THAT REGULATION , THAT ACTION TO RECOVER CHARGES MUST BE TAKEN BY THE BENELUX COUNTRY IN WHICH THE DOCUMENT WAS ISSUED , EVEN IF IT IS FOUND THAT AN IRREGULARITY WAS COMMITTED IN THE COURSE OF COMMUNITY TRANSIT IN ANOTHER BENELUX COUNTRY .
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1 . OFFICIALS - APPOINTMENT - CLASSIFICATION IN STEP ON PROMOTION AND ON RECRUITMENT - PROVISIONS OF THE STAFF REGULATIONS - RESPECTIVE PURPOSE AND SCOPE

( STAFF REGULATIONS OF OFFICIALS , ARTS 32 AND 46 ).

2.OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - ADDITIONAL SENIORITY IN STEP - CRITERIA FOR GRANTING THEREOF - PREVIOUS EXPERIENCE - DISCRETION OF THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ART . 32 , SECOND PARA .).

Summary

1 . THE PROVISIONS OF THE STAFF REGULATIONS OF OFFICIALS CONCERNING PROMOTIONS , OF WHICH ARTICLE 46 FORMS PART , WHETHER FROM THE POINT OF VIEW OF THEIR WORDING OR FROM THAT OF THEIR CONTEXT , ARE INTENDED TO GOVERN THE ADVANCEMENT , IN THEIR RESPECTIVE CATEGORIES AND BRANCHES , OF EMPLOYEES OF THE COMMUNITY WHO , AT THE TIME OF THEIR PROMOTION , ALREADY HAVE THE STATUS OF OFFICIALS . THOSE PROVISIONS ARE THUS NOT ADAPTED TO THE POSITION OF AN EMPLOYEE WHO , AFTER A PERIOD OF SERVICE AS A MEMBER OF THE TEMPORARY STAFF , OBTAINS BY MEANS OF AN OPEN COMPETITION , HIS FIRST DEFINITIVE APPOINTMENT WITHIN THE COMMUNITY ADMINISTRATION AFTER COMPLETING THE REQUIRED PROBATIONARY PERIOD . ON THE OTHER HAND , A CASE OF THIS KIND IS GOVERNED BY ARTICLE 32 OF THE STAFF REGULATIONS , WHOSE PURPOSE IS TO GOVERN THE POSITION OF AN EMPLOYEE WHO HAS BECOME AN OFFICIAL OF THE COMMUNITY FOR THE FIRST TIME AS A RESULT OF A RECRUITMENT PROCEDURE WHICH WILL NORMALLY HAVE BEEN A COMPETITION .

2 . THE APPOINTMENT AUTHORITY HAS A WIDE DISCRETION , WITHIN THE LIMITS LAID DOWN BY THE SECOND PARAGRAPH OF ARTICLE 32 OF THE STAFF REGULATIONS , IN ASSESSING THE PREVIOUS EXPERIENCE OF A PERSON APPOINTED AS AN OFFICIAL BOTH AS REGARDS THE NATURE AND THE DURATION OF THAT EXPERIENCE AND ITS RELATIONSHIP , BE IT CLOSE OR OTHERWISE , TO THE REQUIREMENTS OF THE POST TO BE FILLED .
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TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE ADDED TAX - DIFFERENT ACCOUNTING PERIODS AND TIME-LIMITS FOR PAYMENT PRESCRIBED BY A MEMBER STATE FOR VAT ON IMPORTS AND VAT ON DOMESTIC TRANSACTIONS - PERMISSIBILITY - COMPATIBILITY WITH ARTICLE 95 OF THE TREATY

( EEC TREATY , ART . 95 ; COUNCIL DIRECTIVE 77/388 )

Summary

1 . THE SIXTH COUNCIL DIRECTIVE ( 77/388/EEC ) ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES DOES NOT PREVENT A MEMBER STATE FROM LAYING DOWN , IN RESPECT OF VALUE-ADDED TAX ON IMPORTS , ACCOUNTING PERIODS AND PERIODS FOR PAYMENT WHICH ARE DIFFERENT FROM THE PERIODS ALLOWED FOR PAYMENT OF THE NET TAX LIABILITY UNDER THE INTERNAL SYSTEM .

2.DIFFERENCES IN THE TIME-LIMITS PRESCRIBED BY NATIONAL LEGISLATION WITH REGARD TO THE TAXATION OF IMPORTS AND TAXATION OF DOMESTIC TRANSACTIONS MAY , IN CERTAIN CIRCUMSTANCES , CON STITUTE AN INFRINGEMENT OF ARTICLE 95 OF THE TREATY . NEVERTHELESS , TAX PERIODS WHICH SERVE AS A BASIS FOR CALCULATING THE NET TAX POSITION OF EACH TAXABLE PERSON UNDER THE INTERNAL SYSTEM NEED NOT , AS COMMUNITY LEGISLATION STANDS AT PRESENT , BE TAKEN INTO CONSIDERATION IN THE COMPARISON OF THE PERIODS FOR PAYMENT . THUS , LEGISLATION WHICH LAYS DOWN IN RESPECT OF VALUE-ADDED TAX ON IMPORTS ACCOUNTING PERIODS AND PERIODS FOR PAYMENT WHICH ARE DIFFERENT FROM THE PERIODS ALLOWED FOR PAYMENT OF THE NET TAX LIABILITY UNDER THE INTERNAL SYSTEM DOES NOT ENTAIL DISCRIMINATION WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY .
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1 . QUESTIONS SUBMITTED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( ART . 177 OF THE EEC TREATY )

2 . STATE AID - PLANS TO GRANT AID - NOTIFICATION TO THE COMMISSION - OBLIGATION OF THE MEMBER STATE TO INFORM THE INTERESTED PARTIES - NONE

( ART . 93 ( 2 ) AND ( 3 ) OF THE EEC TREATY )

3 . STATE AID - PLANS TO GRANT AID - NOTIFICATION TO THE COMMISSION - OBLIGATION - EXTENT - EXTENSION TO ALTERATIONS TO THE INITIAL PLAN

( ART . 93 ( 3 ) OF THE EEC TREATY )

4 . STATE AID - PLANS TO GRANT AID - PROHIBITION ON THE PUTTING INTO EFFECT OF AID MEASURES - APPLICATION TO ALTERATIONS TO THE INITIAL PLAN - CONDITIONS

( ARTICLE 93 ( 3 ) OF THE EEC TREATY )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY , THE COURT MAY NOT RULE ON THE INTERPRETATION OF NATIONAL LAWS AND REGULATIONS OR ON THE CONFORMITY OF SUCH MEASURES WITH COMMUNITY LAW ; IT MAY ONLY PROVIDE THE NATIONAL COURT WITH THE CRITERIA FOR INTERPRETATION BASED ON COMMUNITY LAW WHICH WILL ENABLE THAT COURT TO SOLVE THE LEGAL PROBLEM WITH WHICH IT IS FACED .

2.ARTICLE 93 ( 3 ) OF THE TREATY DOES NOT REQUIRE THAT THE NOTIFICATION TO THE COMMISSION BY A MEMBER STATE OF PLANS TO GRANT OR ALTER AID SHOULD BE IMMEDIATELY MADE KNOWN TO ALL THE INTERESTED PARTIES ; SUCH AN OBLIGATION FALLS UPON THE COMMISSION ALONE WHEN IT INITIATES THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ).

3.THE OBLIGATION PROVIDED FOR IN THE FIRST SENTENCE OF ARTICLE 93 ( 3 ) TO INFORM THE COMMISSION OF PLANS TO GRANT OR ALTER AID DOES NOT APPLY SOLELY TO THE INITIAL PLAN , BUT ALSO COVERS SUBSEQUENT ALTERATIONS TO THAT PLAN ; SUCH INFORMATION MAY BE SUPPLIED TO THE COMMISSION IN THE COURSE OF THE CONSULTATIONS WHICH TAKE PLACE FOLLOWING THE INITIAL NOTIFICATION .

4.THE PROHIBITION ON THE PUTTING INTO EFFECT OF AID MEASURES WHICH IS LAID DOWN IN THE LAST SENTENCE OF ARTICLE 93 ( 3 ) OF THE TREATY APPLIES TO THE PROPOSED AID PROGRAMME IN ITS ENTIRETY AND IN THE FINAL VERSION ADOPTED BY THE NATIONAL AUTHORITIES . IF THE PLAN INITIALLY NOTIFIED HAS IN THE MEANTIME UNDERGONE ALTERATIONS OF WHICH THE COMMISSION HAS NOT BEEN INFORMED , THE PROHIBITION APPLIES TO THE PLAN AS ALTERED , UNLESS THE ALTERATION IN QUESTION IS IN ACTUAL FACT A SEPARATE AID MEASURE WHICH SHOULD BE ASSESSED SEPARATELY AND WHICH IS THEREFORE NOT SUCH AS TO INFLUENCE THE ASSESSMENT WHICH THE COMMISSION HAS ALREADY MADE OF THE INITIAL PLAN ; IN THAT CASE , THE PROHIBITION APPLIES ONLY TO THE AID MEASURE INTRODUCED BY THE ALTERATION .
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1 . COMMUNITY LAW - PRINCIPLES - PROHIBITION OF DISCRIMINATION BASED ON NATIONALITY - TERRITORIAL SCOPE - LOCATION OF LEGAL RELATIONSHIPS WITHIN THE TERRITORY OF THE COMMUNITY - CRITERIA

2 . FREE MOVEMENT OF PERSONS - WORKERS - EQUALITY OF TREATMENT - NATIONAL OF A MEMBER STATE EMPLOYED BY AN UNDERTAKING OF ANOTHER MEMBER STATE - TEMPORARY WORK OUTSIDE THE COMMUNITY - RETENTION OF AFFILIATION TO THE SOCIAL SECURITY SCHEME OF THE MEMBER STATE IN WHICH THE UNDERTAKING IS ESTABLISHED

( EEC TREATY , ART . 48 ; REGULATION NO 1612/68 OF THE COUNCIL )

Summary

1 . THE PRINCIPLE WHEREBY DISCRIMINATION BASED ON NATIONALITY IS PROHIBITED APPLIES IN JUDGING ALL LEGAL RELATIONSHIPS IN SO FAR AS THOSE RELATIONSHIPS , BY REASON EITHER OF THE PLACE WHERE THEY WERE ENTERED INTO OR OF THE PLACE WHERE THEY TOOK EFFECT , COULD BE LOCATED WITHIN THE TERRITORY OF THE COMMUNITY .

2 . THE PROVISIONS OF COMMUNITY LAW CONCERNING THE FREE MOVEMENT OF WORKERS WITHIN THE COMMUNITY , IN PARTICULAR THE PROVISIONS OF REGULATION NO 1612/68 OF THE COUNCIL , MUST BE INTERPRETED AS MEANING THAT THE PRINCIPLE OF NON-DISCRIMINATION APPLIES TO THE CASE OF A NATIONAL OF A MEMBER STATE WHO IS EMPLOYED BY AN UNDERTAKING OF ANOTHER MEMBER STATE , EVEN DURING A PERIOD IN WHICH THE EMPLOYEE TEMPORARILY WORKS OUTSIDE THE TERRITORY OF THE COMMUNITY FOR THAT COMMUNITY UNDER TAKING , AND THAT IN CONNECTION WITH THE APPLICATION OF THE NATIONAL PROVISIONS OF THE MEMBER STATE IN WHICH THAT UNDERTAKING IS ESTABLISHED CONCERNING THE RETENTION OF AFFILIATION TO THE GENERAL SOCIAL SECURITY SCHEME OF THAT STATE DURING THE TEMPORARY POSTING OF THE EMPLOYEE IN QUESTION TO A NON-MEMBER COUNTRY , ANY PROVISION WHICH DISCRIMINATES AGAINST NATIONALS OF OTHER MEMBER STATES MUST BE DISREGARDED .
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1 . NON-CONTRACTUAL LIABILITY - IMPORTATION AT LOW PRICES OF NEW POTATOES FROM GREECE - FAILURE TO ACT ON THE PART OF THE COMMISSION

( EEC TREATY , ART . 46 AND ART . 215 , SECOND PARA . ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ARTS 130 ( 2 ) AND 131 ; COUNCIL REGULATION NO 17 , ART . 3 , AND COUNCIL REGULATION NO 26 , ART . 4 )

2.ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - AGRICULTURE - SAFEGUARD CLAUSE - CONDITIONS GOVERNING ITS APPLICATION - APPRAISAL BY THE COMMISSION

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 130 ( 2 ))
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SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING BENEFITS - SUSPENSION OF ENTITLEMENT TO BENEFITS IN THE STATE OF EMPLOYMENT - BENEFITS PAYABLE UNDER THE LEGISLATION OF THE STATE IN WHICH MEMBERS OF THE FAMILY LIVE - CONDITIONS

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

Summary

THERE IS NO SUSPENSION OF THE ENTITLE- MENT TO FAMILY ALLOWANCES PAYABLE IN PURSUANCE OF ARTICLE 73 OF REGULATION NO 1408/71 IN THE COUNTRY 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 , THE REASON BEING THAT NOT ALL THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE FOR THE ACTUAL RECEIPT OF SUCH ALLOWANCES ARE SATISFIED .
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1 AID GRANTED BY STATES - CONCEPT - AID NOT FUNDED OUT OF STATE RESOURCES - AID GRANTED THROUGH PUBLIC OR PRIVATE BODIES - CLASSIFIABLE AS STATE AID

( EEC TREATY , ART . 92 )

2AID GRANTED BY STATES - APPRAISAL BY THE COMMISSION - ASSESSMENT ON THE BASIS OF ARTICLE 92 OF THE TREATY - PROCEDURE UNDER ARTICLE 93 ( 2 ) - RECOURSE TO THE PROCEDURE UNDER ARTICLE 169 - NOT PERMISSIBLE

( EEC TREATY , ARTS 93 ( 2 ) AND 169 )

Summary

1 . BY VIRTUE OF ARTICLE 92 OF THE TREATY ANY STATE MEASURE , IN SO FAR AS IT HAS THE EFFECT OF ACCORDING AID IN ANY FORM WHATSOEVER , MAY BE ASSESSED FOR ITS COMPATIBILITY WITH THE COMMON MARKET . AID NEED NOT NECESSARILY BE FINANCED FROM STATE RESOURCES TO BE CLASSIFIED AS STATE AID . ARTICLE 92 COVERS ALL AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES AND THERE IS NO NECESSITY TO DRAW ANY DISTINCTION ACCORDING TO WHETHER THE AID IS GRANTED DIRECTLY BY THE STATE OR BY PUBLIC OR PRIVATE BODIES ESTABLISHED OR APPOINTED BY IT TO ADMINISTER THE AID .

2.THE PROCEDURE LAID DOWN IN ARTICLE 93 ( 2 ) FOR THE PURPOSE OF ASSESSING WHETHER OR NOT AID WITHIN THE MEANING OF ARTICLE 92 IS COMPATIBLE WITH THE COMMON MARKET PROVIDES ALL THE PARTIES CONCERNED WITH GUARANTEES WHICH ARE SPECIFICALLY ADAPTED TO THE SPECIAL PROBLEMS CREATED BY STATE AID WITH REGARD TO COMPETITION IN THE COMMON MARKET AND WHICH GO MUCH FURTHER THAN THOSE PROVIDED IN THE PRELIMINARY PROCEDURE LAID DOWN IN ARTICLE 169 OF THE TREATY IN WHICH ONLY THE COMMISSION AND THE MEMBER STATE CONCERNED PARTICIPATE . ACCORDINGLY , ALTHOUGH THE EXISTENCE OF THAT SPECIFIC PROCEDURE IN NO WAY PREVENTS THE COMPATIBILITY OF AN AID SCHEME IN RELATION TO COMMUNITY RULES OTHER THAN THOSE CONTAINED IN ARTICLE 92 FROM BEING ASSESSED UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 169 , THE COMMISSION MUST USE THE PROCEDURE LAID DOWN IN ARTICLE 93 ( 2 ) IF IT WISHES TO ESTABLISH THAT THAT SCHEME , AS AID , IS INCOMPATIBLE WITH THE COMMON MARKET .
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ECSC - PRODUCTION - STEEL PRODUCTION QUOTA SYSTEM - EXCLUSION OF CERTAIN UNDERTAKINGS FROM THE GRANT OF ADDITIONAL QUOTAS BY REASON OF THE NATURE OF THE AID RECEIVED - DISCRIMINATION - ABSENCE - COMPATIBILITY WITH THE RULES ON AID

( ECSC TREATY , ART . 4 ( B ); DECISIONS NOS 2320/81 , 2177/83 , ART . 18 , AND 2748/83 )

Summary

FOR THE COMMISSION TO BE ACCUSED OF DISCRIMINATION , IT MUST BE SHOWN TO HAVE TREATED LIKE CASES DIFFERENTLY , THEREBY SUBJECTING SOME TO DISADVANTAGES AS OPPOSED TO OTHERS , WITHOUT SUCH DIFFERENTIATION BEING JUSTIFIED BY THE EXISTENCE OF SUBSTANTIAL OBJECTIVE DIFFERENCES .

THAT IS NOT SO WHERE , UNDER THE STEEL PRODUCTION QUOTA SYSTEM THE COMMISSION , BY MEANS OF DECISION NO 2748/83 , ADOPTED ON THE BASIS OF ARTICLE 18 OF DECISION NO 2177/83 , WHICH ALLOWS IT TO MAKE ADJUSTMENTS THERETO MADE NECESSARY BY UNFORESEEN CIRCUMSTANCES , EXTENDS THE CATEGORY OF UNDERTAKINGS ABLE TO RECEIVE ADDITIONAL QUOTAS WHILE EXCLUDING ONLY UNDERTAKINGS WHICH HAVE RECEIVED NATIONAL AID INTENDED TO COVER OPERATING LOSSES , SINCE SUCH AID , CONTRARY TO OTHER FORMS OF AID , IS LIKELY TO DELAY REORGANIZATION AND A RETURN TO COMPETIVITY OF THE IRON AND STEEL INDUSTRY , WHICH THE COMMISSION HAS LEGITIMATELY SET AS ITS OBJECTIVES .

SUCH CONSIDERATION , UNDER THE PRODUCTION QUOTA SYSTEM , OF THE NATURE OF THE AID RECEIVED BY UNDERTAKINGS CANNOT BE REGARDED AS IN CONFLICT WITH THE SYSTEM OF AID ESTABLISHED BY DECISION NO 2320/81 .
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1 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2.SOCIAL SECURITY FOR MIGRANT WORKERS - SICKNESS INSURANCE - CONTRIBUTIONS FROM PERSONS ENTITLED TO A PENSION - DEDUCTIONS FROM PENSIONS OF COMMUNITY NATIONALS RESIDING IN ANOTHER MEMBER STATE - NOT PERMISSIBLE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 33 )

Summary

1 . A MEMBER STATE CANNOT PLEAD THE PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY REGULATIONS .

2.THE DEDUCTION BY A MEMBER STATE OF CONTRIBUTIONS FROM STATUTORY OLD-AGE , RETIREMENT , SERVICE-RELATED AND SURVIVORS ' PENSIONS IN RESPECT OF COMMUNITY NATIONALS RESIDING IN ANOTHER MEMBER STATE , CONSTITUTES A FAILURE TO FULFIL THE OBLIGATIONS UNDER ARTICLE 33 OF REGULATION NO 1408/71 .
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TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - ECONOMIC ACTIVITIES WITHIN THE MEANING OF ARTICLE 4 OF THE SIXTH DIRECTIVE - ACQUISITION OF ASSETS

( COUNCIL DIRECTIVE NO 77/388 , ART . 4 ( 1 ))

Summary

THE ECONOMIC ACTIVITIES REFERRED TO IN ARTICLE 4 ( 1 ) OF THE SIXTH DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES MAY CONSIST IN SEVERAL CONSECUTIVE TRANSACTIONS . THE PREPARATORY ACTS , SUCH AS THE ACQUISITION OF ASSETS AND THEREFORE THE PURCHASE OF IMMOVABLE PROPERTY , WHICH FORM PART OF THOSE TRANSACTIONS MUST THEMSELVES BE TREATED AS CONSTITUTING ECONOMIC ACTIVITY .

ACCORDINGLY , THE ACQUISITION OF A RIGHT TO THE FUTURE TRANSFER OF PROPERTY RIGHTS IN PART OF A BUILDING YET TO BE CONSTRUCTED WITH A VIEW TO LETTING SUCH PREMISES IN DUE COURSE MAY BE REGARDED AS AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 4 ( 1 ) OF THE SIXTH DIRECTIVE . HOWEVER , THAT PROVISION DOES NOT PRECLUDE THE REVENUE AUTHORITIES FROM REQUIRING THE DECLARED INTENTION TO BE SUPPORTED BY OBJECTIVE EVIDENCE SUCH AS PROOF THAT THE PREMISES WHICH IT IS PROPOSED TO CONSTRUCT ARE SPECIFICALLY SUITED TO COMMERCIAL EXPLOITATION .