ddrg/super_eurlex huggingface dataset:
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1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - EXCLUSIVE POWER OF THE COMMUNITY - FAILURE TO EXERCISE IT - IMPLEMENTATION OF NATIONAL CONSERVATION MEASURES - CONDITIONS - DUTY TO CONSULT THE COMMISSION AND TO ADHERE TO ITS VIEWPOINT

( ACT OF ACCESSION , ART . 102 )

2 . COMMUNITY LAW - CONFLICTING NATIONAL LEGISLATIVE MEASURE - CRIMINAL CONVICTION - INCOMPATIBILITY WITH COMMUNITY LAW - NATIONAL RULES IN CONFORMITY WITH COMMUNITY OBLIGATIONS - PERMISSIBLE PENALTY

3 . MEASURES ADOPTED BY THE INSTITUTIONS - APPLICATION RATIONE TEMPORIS - RETROACTIVITY OF A RULE OF SUBSTANTIVE LAW - CONDITIONS

4 . FISHERIES - CONSERVATION OF RESOURCES OF THE SEA - TECHNICAL CONSERVATION MEASURES - REGULATION NO 2527/80 AND SUBSEQUENT REGULATIONS EXTENDING ITS VALIDITY - RETROACTIVITY - ABSENCE THEREOF

( COUNCIL REGULATION ( EEC ) NO 2527/80 )

Summary

1 . THE POWER TO ADOPT , AS PART OF THE COMMON FISHERIES POLICY , MEASURES RELATING TO THE CONSERVATION OF THE RESOURCES OF THE SEA HAS BELONGED FULLY AND DEFINITIVELY TO THE COMMUNITIES SINCE THE EXPIRATION ON 1 JANUARY 1979 OF THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION SO THAT AFTER THAT DATE THE MEMBER STATES ARE NO LONGER ENTITLED TO EXERCISE ANY POWER OF THEIR OWN IN THIS MATTER AND MAY HENCEFORTH ONLY ACT AS TRUSTEES OF THE COMMON INTEREST , IN THE ABSENCE OF APPROPRIATE ACTION ON THE PART OF THE COUNCIL . IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COUNCIL AND BY THE MAINTENANCE , IN PRINCIPLE , OF THE CONSERVATION MEASURES IN FORCE THE MEMBER STATES HAVE AN OBLIGATION TO UNDERTAKE DETAILED CONSULTATIONS WITH THE COMMISSION AND TO SEEK ITS APPROVAL IN GOOD TIME AND ALSO A DUTY NOT TO LAY DOWN NATIONAL CONSERVATION MEASURES IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS WHICH MAY BE FORMULATED BY THE COMMISSION .

2 . WHERE CRIMINAL PROCEEDINGS ARE BROUGHT BY VIRTUE OF A NATIONAL MEASURE WHICH IS HELD TO BE CONTRARY TO COMMUNITY LAW , A CONVICTION IN THOSE PROCEEDINGS IS LIKEWISE INCOMPATIBLE WITH COMMUNITY LAW . ON THE CONTRARY , IT IS FOR THE MEMBER STATES TO ENFORCE COMPLIANCE IN THE ZONE COMING WITHIN ITS JURISDICTION WITH THOSE MEASURES ADOPTED BY IT IN CONFORMITY WITH ITS COMMUNITY OBLIGATIONS .

3 . SUBSTANTIVE RULES OF COMMUNITY LAW MUST BE INTERPRETED , IN ORDER TO ENSURE RESPECT FOR THE PRINCIPLES OF LEGAL CERTAINTY AND THE PROTECTION OF LEGITIMATE EXPECTATION , AS APPLYING TO SITUATIONS EXISTING BEFORE THEIR ENTRY INTO FORCE ONLY IN SO FAR AS IT CLEARLY FOLLOWS FROM THEIR TERMS , OBJECTIVES OR GENERAL SCHEME THAT SUCH AN EFFECT MUST BE GIVEN TO THEM .

4 . NEITHER COUNCIL REGULATION ( EEC ) NO 2527/80 OF 30 SEPTEMBER 1980 LAYING DOWN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES NOR ANY SUBSEQUENT REGULATIONS EXTENDING ITS VALIDITY HAVE RETROACTIVE EFFECT .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION ON OFFERING CERTAIN SPIRITS FOR CONSUMPTION ON THE PREMISES IN PLACES OPEN TO THE PUBLIC - PROHIBITION ON KEEPING SPIRITS ON PREMISES APPURTENANT TO THE ESTABLISHMENT OPEN TO THE PUBLIC - PERMISSIBILITY

( EEC TREATY , ART . 30 )

Summary

THE CONCEPT IN ARTICLE 30 OF THE EEC TREATY OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS IS TO BE UNDERSTOOD AS MEANING THAT THE PROHIBITION LAID DOWN BY THAT PROVISION DOES NOT COVER A NATIONAL MEASURE APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS WHICH PROHIBITS THE CONSUMPTION , SALE OR OFFERING EVEN WITHOUT CHARGE OF SPIRITUOUS BEVERAGES OF A CERTAIN ALCOHOLIC STRENGTH FOR CONSUMPTION ON THE PREMISES IN ALL PLACES OPEN TO THE PUBLIC AS WELL AS THE STOCKING OF SUCH DRINKS ON PREMISES TO WHICH CONSUMERS ARE ADMITTED OR IN OTHER PARTS OF THE ESTABLISHMENT OR IN THE DWELLING APPURTENANT THERETO , IN SO FAR AS THE LATTER PROHIBITION IS COMPLEMENTARY TO THE PROHIBITION OF CONSUMPTION ON THE PREMISES .

SINCE IT DOES NOT AFFECT OTHER FORMS OF MARKETING OF THE SPIRITS REFERRED TO AND SINCE THE RESTRICTIONS WHICH IT IMPOSES MAKE NO DISTINCTION WHATSOEVER BASED ON THE NATURE OR ORIGIN OF THE SPIRITS SUCH A NATIONAL MEASURE HAS IN FACT NO CONNECTION WITH THE IMPORTATION OF THE PRODUCTS AND FOR THAT REASON IS NOT OF SUCH A NATURE AS TO IMPEDE TRADE BETWEEN MEMBER STATES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - SCRUTINY OF CLAIMS - FORM E 26 - LEGAL SIGNIFICANCE - SUPPLEMENTARY INFORMATION WITHOUT A FORMAL AMENDMENT - PERMISSIBILITY

( EEC TREATY , ARTS 48 TO 51 ; REGULATION NO 4 OF THE COUNCIL OF THE EEC , ARTS 33 AND 34 )

Summary

THE LEGAL SIGNIFICANCE OF FORM E 26 MUST BE APPRAISED IN SUCH A WAY AS NOT TO JEOPARDIZE THE EFFECTIVENESS OF ARTICLES 48 TO 51 OF THE TREATY AND THE REGULATIONS CONCERNING THE RIGHTS OF MIGRANT WORKERS IN THE FIELD OF SOCIAL SECURITY .

THE SAID FORM IS NOT EXHAUSTIVE IN THE SENSE THAT IT DOES NOT PRECLUDE THE INFORMATION WHICH IT CONTAINS FROM BEING SUBSEQUENTLY EXPLAINED OR SUPPLEMENTED BY OFFICIAL DOCUMENTS EVEN IF THEY DO NOT CONSTITUTE AN AMENDMENT OF THE FORM PREVIOUSLY SENT .
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1 . EUROPEAN COMMUNITIES - OWN RESOURCES - CUSTOMS DUTIES UNDULY LEVIED - REMISSION ON EQUITABLE GROUNDS - APPLICATION OF NATIONAL LAW - CONDITIONS AND LIMITS

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES - REGULATION ( EEC ) NO 1430/79 - RETROACTIVITY - NONE

( COUNCIL REGULATION ( EEC ) NO 1430/79 )

Summary

1 . IN THE ABSENCE OF RELEVANT COMMUNITY LEGISLATION , A NATIONAL CUSTOMS AUTHORITY MAY APPLY THE PROVISIONS OF ITS NATIONAL LAW TO A CLAIM FOR REMISSION ON EQUITABLE GROUNDS OF CUSTOMS DUTIES PAID IN EXCESS OF THE AMOUNT DUE . THE CONDITIONS FOR SUCH REMISSION MUST BE THE SAME AS THOSE APPLIED TO CLAIMS FOR THE REMISSION OF CHARGES IMPOSED BY NATIONAL LAW .

2 . THE PROVISIONS OF REGULATION NO 1430/79 ON THE REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES DO NOT APPLY TO A DECISION CONCERNING THE REMISSION OF CUSTOMS DUTIES ADOPTED BY THE NATIONAL CUSTOMS AUTHORITIES BEFORE THE ENTRY INTO FORCE OF THE REGULATION .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - APPLICATION OF THE COMMUNITY RULES - POWERS OF NATIONAL AUTHORITIES - INTERPRETATION BY THE COMMISSION - NOT BINDING ON THE NATIONAL AUTHORITIES

2.ACTION FOR DAMAGES - ACTION BROUGHT AGAINST NATIONAL MEASURES IMPLEMENTING COMMUNITY LAW - INADMISSIBLE

( EEC TREATY , ART . 178 AND PARAGRAPH OF ART . 215 )

Summary

1 . THE APPLICATION OF COMMUNITY PROVISIONS ON EXPORT REFUNDS IS A MATTER FOR THE NATIONAL BODIES APPOINTED FOR THIS PURPOSE . THE COMMISSION HAS NO POWER TO TAKE DECISIONS ON THEIR INTERPRETATION BUT MAY ONLY EXPRESS ITS OPINION WHICH IS NOT BINDING ON THE NATIONAL AUTHORITIES .

2.THE PURPOSE OF THE ACTION FOR DAMAGES PROVIDED FOR IN ARTICLES 178 AND 215 OF THE TREATY IS NOT TO ENABLE THE COURT TO EXAMINE THE VALIDITY OF DECISIONS TAKEN BY NATIONAL AGENCIES RESPONSIBLE FOR THE IMPLEMENTATION OF CERTAIN MEASURES WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY OR TO ASSESS THE FINANCIAL CONSEQUENCES RESULTING FROM ANY INVALIDITY OF SUCH DECISIONS . ON THE CONTRARY , A REVIEW OF ADMINISTRATIVE ACTS OF MEMBER STATES IN APPLYING COMMUNITY LAW IS PRIMARILY A MATTER FOR NATIONAL COURTS WITHOUT PREJUDICE TO THEIR POWER TO REFER QUESTIONS FOR A PRELIMINARY RULING TO THE COURT UNDER ARTICLE 177 OF THE TREATY .
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MEASURES ADOPTED BY THE INSTITUTIONS - LEGAL NATURE - REGULATION OR DECISION - CRITERIA

( EEC TREATY , ART . 189 )

Summary

ACCORDING TO THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY THE CRITERION FOR DISTINGUISHING BETWEEN A REGULATION AND A DECISION IS WHETHER OR NOT THE MEASURE IN QUESTION HAS GENERAL APPLICATION . FOR THAT PURPOSE IT IS NECESSARY TO CONSIDER THE NATURE OF THE CONTESTED MEASURE AND IN PARTICULAR THE LEGAL EFFECTS WHICH IT IS INTENDED TO HAVE OR DOES IN FACT HAVE .

A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE MORE OR LESS EXACTLY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN QUESTION IN RELATION TO ITS PURPOSE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - CALCULATION OF BENEFITS - AMOUNT OF BENEFIT NOT DEPENDENT ON THE LENGTH OF PERIODS OF INSURANCE - DETERMINATION OF THE THEORETICAL AMOUNT - DISTINCTION BETWEEN PERIODS OF INSURANCE COMPLETED UNDER NATIONAL LEGISLATION AND THOSE COMPLETED BY VIRTUE OF COMMUNITY LEGISLATION - DISTINCTION RESULTING IN A REDUCTION OF THE THEORETICAL AMOUNT BY COMPARISON WITH THE AMOUNT BASED ON NATIONAL LEGISLATION - DISTINCTION NOT PERMISSIBLE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 46 ( 2 ))

Summary

IT IS NOT COMPATIBLE WITH THE METHOD OF CALCULATING BENEFITS PROVIDED FOR BY ARTICLE 46 ( 2 ) OF REGULATION NO 1408/71 FOR A MEMBER STATE UNDER WHOSE LEGISLATION THE AMOUNT OF INVALIDITY BENEFIT DOES NOT DEPEND ON THE LENGTH OF PERIODS OF INSURANCE COMPLETED TO DETERMINE THE THEORETICAL AMOUNT OF THE INVALIDITY BENEFIT ON THE BASIS OF THE EXTENT TO WHICH THE PERIOD BETWEEN THE DATE ON WHICH THE PERSON CONCERNED WAS FIRST INSURED IN ANY ONE MEMBER STATE AND THE DATE ON WHICH THE INCAPACITY FOR WORK OCCURRED COMPRISES PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF THE MEMBER STATES OR BY VIRTUE OF THE ABOVE-MENTIONED REGULATION .

IT IS NOT COMPATIBLE WITH THAT REGULATION FOR A MEMBER STATE TO ADOPT FOR THE PURPOSE OF DETERMINING THE AMOUNT OF BENEFIT IN SUCH CIRCUMSTANCES PROVISIONS DESIGNED TO ALTER THE WAY IN WHICH THE THEORETICAL AMOUNT IS CALCULATED SO AS TO MAKE THAT AMOUNT LESS THAN THAT WHICH WOULD RESULT FROM THE GENERAL PROVISIONS IN FORCE UNDER THE NATIONAL LEGISLATION .
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1 . OFFICIALS - ASSESSMENT - PROCEDURE FOR APPEAL WITHIN THE INSTITUTION - OPINION OF THE JOINT COMMITTEE ON STAFF REPORTS - JOINT COMMITTEE UNABLE TO EXPRESS AN OPINION ON THE POINT RAISED BY THE OFFICIAL CONCERNED - DECISION OF THE APPEAL ASSESSOR - VALIDITY

( STAFF REGULATIONS , ART . 43 )

2 . OFFICIALS - ASSESSMENT - PERIODIC REPORT - ASSESSOR ' S APPRAISAL - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS , ART . 43 )

Summary

1 . IF THE JOINT COMMITTEE ON STAFF REPORTS FINDS ITSELF UNABLE TO EXPRESS AN OPINION ON A POINT RAISED BY THE OFFICIAL CONCERNED , THE APPEAL ASSESSOR IS NOT OBLIGED TO REFRAIN FROM ADOPTING A DECISION UPHOLDING OR AMENDING THE PERIODIC REPORT .

2.AS REGARDS THE APPRAISAL OF THE APPLICANT ' S QUALITIES CONTAINED IN THE PERIODIC REPORT , IT IS NOT THE COURT ' S FUNCTION TO USURP THE ROLE OF THE ASSESSOR OR OF THE APPEAL ASSESSOR .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - ACTION FOR DAMAGES - INJURY SUSTAINED BY THE CHILD OF AN EMPLOYEE - ACCIDENT AT A HOLIDAY CAMP ORGANIZED BY THE DEFENDANT INSTITUTION AS PART OF ITS DUTIES AS AN EMPLOYER - JURISDICTION OF THE COURT

( EEC TREATY , ART . 179 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - NON-CONTRACTUAL LIABILITY OF THE DEFENDANT INSTITUTION - ORGANIZATION OF HOLIDAY CAMPS FOR THE CHILDREN OF ITS EMPLOYEES - ACCIDENT INSURANCE ARRANGED BY THE INSTITUTION - FULL COMPENSATION FOR A CHILD ' S MATERIAL AND AESTHETIC INJURIES - DUTY OF THE INSTITUTION

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ARTS . 90 AND 91 )

3 . OFFICIALS - APPLICATIONS TO THE COURT - ACTION FOR DAMAGES - ORGANIZATION BY THE DEFENDANT INSTITUTION OF HOLIDAY CAMPS FOR THE CHILDREN OF ITS EMPLOYEES - ACCIDENT INSURANCE ARRANGED BY THE INSTITUTION - ACTION SEEKING COMPENSATION FOR A CHILD ' S NON-MATERIAL INJURIES - INADMISSIBILITY

( EEC TREATY , ART . 179 )

Summary

1 . AMONG THE RIGHTS AND DUTIES ARISING FROM THE EMPLOYMENT RELATIONSHIP BETWEEN AN INSTITUTION AND ITS EMPLOYEES IS THE DUTY OF THE EMPLOYER TO PROVIDE FOR ITS EMPLOYEES VARIOUS SERVICES OF A SOCIAL NATURE , SOME OF WHICH ARE DISTINGUISHED BY THE FACT THAT THEY ARE INTENDED FOR THE BENEFIT OF NOT ONLY THE EMPLOYEE BUT ALSO THE MEMBERS OF HIS FAMILY .

WHEN , IN THE CONTEXT OF THE RIGHTS AND DUTIES ARISING FROM THE EMPLOYMENT RELATIONSHIP , THE INSTITUTION HAS ORGANIZED HOLIDAY CAMPS AND OFFERED AN EMPLOYEE THE OPPORTUNITY OF SENDING HIS CHILD TO SUCH A CAMP , THE COURT HAS UNQUESTIONABLY JURISDICTION UNDER ARTICLE 179 OF THE TREATY TO DECIDE A DISPUTE BETWEEN THE INSTITUTION AND THE EMPLOYEE AS TO THE INSTITUTION ' S LIABILITY FOR THE CONSEQUENCES OF AN ACCIDENT SUSTAINED IN SUCH A CAMP BY THE EMPLOYEE ' S CHILD .

2 . WHEN AN INSTITUTION UNDERTAKES TO ORGANIZE HOLIDAY CAMPS FOR THE CHILDREN OF ITS EMPLOYEES AND TO ARRANGE INSURANCE FOR THE CHILDREN TO COVER THE INJURY RESULTING FROM ANY ACCIDENT WHICH THEY MAY SUSTAIN IN SUCH CAMPS , IT HAS A DUTY TO ENSURE THAT HOLIDAYS IN THOSE CAMPS TAKE PLACE UNDER THE APPROPRIATE CONDITIONS AND THAT IF AN ACCIDENT OCCURS COMPENSATION WILL BE PROVIDED IN FULL . IF THE INSTITUTION FAILS TO DO SO ITS CONDUCT MUST BE REGARDED AS A WRONGFUL ACT OR OMISSION FOR WHICH IT IS LIABLE .

3 . COMPENSATION FOR NON-MATERIAL INJURY SUSTAINED BY THE CHILD OF AN EMPLOYEE AS THE RESULT OF AN ACCIDENT AT A HOLIDAY CAMP ORGANIZED BY AN INSTITUTION IN THE CONTEXT OF THE EMPLOYMENT RELATIONSHIP CANNOT BE THE SUBJECT-MATTER OF AN APPLICATION TO THE COURT BY THE CHILD ' S FATHER IN HIS CAPACITY AS AN EMPLOYEE ON THE BASIS OF HIS EMPLOYMENT RELATIONSHIP WITH THE INSTITUTION UNDER THE STAFF REGULATIONS .
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1 . OFFICIALS - EQUALITY OF TREATMENT - DISCRIMINATION - PROHIBITION - INFRINGEMENT - CONDITIONS

2.OFFICIALS - TEMPORARY POSTING ALLOWANCE - ENTITLEMENT THERETO - CONDITIONS

( STAFF REGULATIONS , ART . 7 ( 2 ))

3.OFFICIALS - POST - DESCRIPTION OF DUTIES AND POWERS - ORGANIZATION OF DEPARTMENTS - DISCRETIONARY POWERS OF THE ADMINISTRATION

( STAFF REGULATIONS , ARTS 5 ( 1 ) AND ( 4 ) AND 7 AND ANNEXES I A AND B )

Summary

1 . ALTHOUGH THE PRINCIPLE OF EQUALITY OF TREATMENT IS A GENERAL RULE FORMING PART OF THE LAW APPLICABLE TO THE EMPLOYEES OF THE COMMUNITIES , DISCRIMINATION OCCURS ONLY WHERE IDENTICAL OR COMPARABLE SITUATIONS ARE TREATED IN AN UNEQUAL WAY .

A BREACH OF THE PROHIBITION OF DISCRIMINATION OCCURS ONLY IN CASES OF UNEQUAL TREATMENT WHERE THE DISCRIMINATION IS NOT OBJECTIVELY JUSTIFIED .

2.THE GRANT OF A TEMPORARY POSTING ALLOWANCE REQUIRES , BY VIRTUE OF ARTICLE 7 ( 2 ) OF THE STAFF REGULATIONS , BOTH AN EXPRESS DECISION OF THE APPOINTING AUTHORITY AND THE PER FORMANCE BY THE PERSON CONCERNED OF DUTIES WHICH ARE OF A HIGHER LEVEL OF RESPONSIBILITY THAN THOSE WHICH MAY BE ASSIGNED OF OFFICIALS OF HIS GRADE AND ARE DIFFERENT FROM THOSE INHERENT IN HIS OWN POST .

3.EVERY INSTITUTION IS RESPONSIBLE , WITHIN THE LIMITS LAID DOWN IN ARTICLES 5 AND 7 OF THE STAFF REGULATIONS AND IN ANNEXES I A AND I B THERETO , FOR DEFINING THE DUTIES AND POWERS ATTACHING TO EVERY BASIC POST .

EACH INSTITUTION DRAWS UP ITS LIST OF POSTS INDEPENDENTLY AND ENJOYS WIDE DISCRETIONARY POWERS IN THE ORGANIZATION OF ITS DEPARTMENTS .
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OFFICIALS - APPLICATIONS TO THE COURT - INTEREST - APPLICATION FOR THE ANNULMENT OF AN APPOINTMENT BROUGHT BY AN OFFICIAL AFTER REFUSING TO TAKE PART IN THE PROCEDURE LEADING TO THE APPOINTMENT - APPLICATION INADMISSIBLE - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ARTS . 90 AND 91 )

Summary

WHERE AN OFFICIAL HAS VOLUNTARILY DECIDED NOT TO APPLY FOR A POST ADVERTISED IN A NOTICE OF VACANCY AND HAS THUS REFUSED TO TAKE PART IN THE APPOINTMENT PROCEDURE , IT IS NOT OPEN TO HIM TO CHALLENGE THE APPOINTMENT , MADE FOLLOWING THE NORMAL PROCEDURE , OF AN OFFICIAL WHO FULFILS THE REQUIREMENTS LAID DOWN IN THE NOTICE OF VACANCY .
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SOCIAL POLICY - EUROPEAN SOCIAL FUND - FINANCING PROCEDURE - IMPLEMENTATION MEASURES

NON-CONTRACTUAL LIABILITY - LIABILITY OF THE COMMUNITY TOWARDS AN INSTITUTION WHICH IS THE RECIPIENT OF FINANCIAL ASSISTANCE FROM THE EUROPEAN SOCIAL FUND - CONDITIONS

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

Summary

THE FINANCING PROCEDURE OF THE EUROPEAN SOCIAL FUND CREATES A FINANCIAL RELATIONSHIP BETWEEN THE COMMISSION AND THE MEMBER STATE ON THE ONE HAND AND BETWEEN THAT MEMBER STATE AND THE INSTITUTION WHICH IS THE RECIPIENT OF THE FINANCIAL ASSISTANCE ON THE OTHER .

IN ORDER THAT , IN SUCH A SITUATION , LIABILITY ON THE PART OF THE COMMUNITY TOWARDS THE RECIPIENT INSTITUTION MAY ARISE , IT IS INCUMBENT ON THE LATTER TO ADDUCE EVIDENCE CAPABLE IN FACT AND IN LAW OF SUSTAINING A CAUSAL LINK BETWEEN THE DAMAGE ALLEGED BY IT AND SPECIFIC WRONGFUL ACTS WHICH MAY BE IMPUTED TO THE COMMUNITY .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - EXPORT CERTIFICATES WITH ADVANCE FIXING OF REFUNDS - DAY OF ISSUE - CONCEPT - EXPORTS IN CONNECTION WITH INVITATIONS TO TENDER OPENED IN AN IMPORTING NON-MEMBER COUNTRY - DATE OF ISSUE - CONCEPT

( REGULATION NO 2044/75 OF THE COMMISSION , ARTS 3 ( 3 ) AND 6 )

Summary

IT APPEARS FROM THE CONTEXT IN WHICH THE CONCEPTS OF DAY OF ISSUE AND DATE OF ISSUE ARE USED IN ARTICLES 3 ( 3 ) AND 6 RESPECTIVELY OF REGULATION NO 2044/75 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND THE ADVANCE FIXING OF REFUNDS IN RESPECT OF MILK AND MILK PRODUCTS THAT THE FIRST CONCEPT RELATES TO THE DAY ON WHICH THE EXPORT CERTIFICATE IS GRANTED AND THE SECOND TO THE DAY FROM WHICH THE PERIOD OF VALIDITY OF THE CERTIFICATE GRANTED MUST BE CALCULATED . CONSEQUENTLY , THERE IS NO CONTRADICTION BETWEEN THOSE TWO PROVISIONS AND ARTICLE 6 CANNOT BE CONSIDERED TO BE AN EXCEPTION TO THE RULE LAID DOWN BY ARTICLE 3 ( 3 ).
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION BASED ON INTERNAL LEGAL SYSTEM - NOT POSSIBLE

( EEC TREATY , ARTS 169 AND 189 , THIRD PARAGRAPH )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .
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1 . COMMUNITY LAW - IMPLEMENTATION BY THE MEMBER STATES - ADAPTATION - CONDITIONS - COMMUNITY PROCEDURE - INTERPRETATION BY A MEMBER STATE OF COMMUNITY PROVISIONS CONTRARY TO THEIR WORDING AND OBJECTIVES - INADMISSIBILITY

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PUTTING UP FOR SALE CEREALS HELD BY INTERVENTION AGENCIES - CONDITIONS - PURPOSE

( REGULATION NO 376/70 OF THE COMMISSION , ART . 3 ( 2 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDING-STUFFS FOR ANIMALS - PRODUCTS ELIGIBLE FOR AID

( REGULATION NO 990/72 OF THE COMMISSION , ART . 4 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AIDS FOR THE PRIVATE STORAGE OF CHEESE - CONDITIONS GOVERNING THE GRANT OF AID - CONCLUSION OF A CONTRACT OF STORAGE - CONCEPT - SIGNATURE OF THE WRITTEN INSTRUMENT

( REGULATION NO 971/68 OF THE COUNCIL , ARTS 10 ( 2 ) AND 11 )

Summary

1 . WHILST CONSIDERATIONS OF A SOCIAL NATURE MAY JUSTIFY THE TAKING OF APPROPRIATE STEPS IN ORDER TO OBTAIN , AT A COMMUNITY LEVEL , THE ADAPTATION OF THE RELEVANT RULES , THEY MAY NOT HOWEVER LEAD TO AN INTERPRETATION OF THE COMMUNITY REGULATIONS WHICH IS CONTRARY TO THEIR WORDING AND OBJECTIVES .

2.THE PURPOSE OF THE PROVISIONS OF REGULATION NO 376/70 LAYING DOWN THE PROCEDURE AND CONDITIONS FOR THE DISPOSAL OF CEREALS HELD BY INTERVENTION AGENCIES , ACCORDING TO WHICH THE SELLING PRICE OF CEREALS MUST BE NOT LESS THAN THE LOCAL MARKET PRICE IS TO AVOID DETERIORATION OF THE MARKET AND NOT TO GUARANTEE THE PROPER FUNCTIONING OF THE COMMUNITY INTERVENTION MEASURES .

IT IS NOT THEREFORE POSSIBLE FOR A MEMBER STATE TO CONTEND , IN ORDER TO JUSTIFY THE SALE OF CEREALS BY ITS NATIONAL INTERVENTION AGENCY AT PRICES MARKEDLY LOWER THAN THE LOCAL MARKET PRICE , THAT A PARTICULAR ECONOMIC SITUATION LED THE NATIONAL AUTHORITIES OF THAT MEMBER STATE TO INTRODUCE A TEMPORARY PRICE-FREEZE FOR CERTAIN FOOD PRODUCTS CONSUMED IN LARGE QUANTITIES AND THAT THE PRICES OF THE INTERVENTION CEREALS WERE DETERMINED ON THE BASIS OF THE PRICE-FREEZE .

3.ONLY THE MILK PRODUCT ACTUALLY USED IN THE MANUFACTURE OF COMPOUND FEEDINGSTUFFS FOR ANIMALS , TO THE EXCLUSION OF PROCESSING WASTE , IS ELIGIBLE FOR THE AIDS FOR SKIMMED MILK PROCESSED INTO COMPOUND FEEDINGSTUFFS PROVIDED FOR IN REGULATION NO 990/72 .

4.ALTHOUGH THE PROVISIONS OF COMMUNITY LAW GOVERNING AIDS FOR THE PRIVATE STORAGE OF CHEESE DO NOT EXPRESSLY LAY DOWN THE FORM OF THE STORAGE CONTRACT , THEY ARE BASED ON THE ASSUMPTION THAT EVERY STORAGE OPERATION MUST BE PRECEDED BY THE CONCLUSION OF A WRITTEN CONTRACT IN ORDER TO BE ELIGIBLE FOR THE COMMUNITY AID PROVIDED FOR IN ARTICLE 10 ( 2 ) OF REGULATION NO 971/68 .

IT FOLLOWS THAT , FOR THE PURPOSES OF REGULATION NO 971/68 , A STORAGE CONTRACT IS NOT CONCLUDED UNTIL THE WRITTEN INSTRUMENT IS SIGNED .
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1 . ECSC - PRODUCTION - QUOTA SYSTEM - ETABLISHMENT ON AN EQUITABLE BASIS - ADJUSTMENT OF REFERENCE PRODUCTION - CONDITIONS - RESTRICTION TO CATEGORIES SUBJECT TO A HIGH ABATEMENT RATE

( COMMISSION DECISION 1696/82 , ART . 14 )

2 . ECSC - PRODUCTION - QUOTA SYSTEM - ESTABLISHMENT ON AN EQUITABLE BASIS - ADJUSTMENT OF REFERENCE PRODUCTION - CONDITIONS - TAKING INTO ACCOUNT OF THE ABATEMENT RATE APPLICABLE TO EACH OF THE CATEGORIES OF PRODUCTS REFERRED TO

( COMMISSION DECISION 1696/82 , ART . 14 )

Summary

1 . ARTICLE 14 OF DECISION 1696/82/ECSC PROVIDES LIMITED SCOPE FOR ADJUSTING THE QUOTAS SOLELY WHEN AN UNDERTAKING EXPERIENCES ' ' EXCEPTIONAL DIFFICULTIES ' ' ' ' BY VIRTUE OF THE SCALE OF THE ABATEMENT RATES ' ' . IN THOSE CIRCUMSTANCES THE COMMISSION IS REQUIRED TO TAKE INTO CONSIDERATION THE SPECIAL SITUATION IN EACH CASE IN ORDER TO DETERMINE WHETHER THE UNDERTAKING IN QUESTION IS CONFRONTED WITH EXCEPTIONAL DIFFICULTIES RESULTING FROM THE REDUCTIONS IN PRODUCTION IMPOSED ON IT .

ACCORDINGLY ONLY DIFFICULTIES WHICH ARE THE DIRECT CONSEQUENCE OF THE ESTABLISHMENT AND APPLICATION OF THE QUOTA SYSTEM MAY BE CONSIDERED WHEN ARTICLE 14 IS APPLIED . IT FOLLOWS THAT IT IS ONLY FOR CATEGORIES THE SUBJECT OF A HIGH ABATEMENT RATE THAT AN ADJUSTMENT MAY IN EXCEPTIONAL CIRCUMSTANCES BECOME NECESSARY . ANY OTHER SOLUTION WOULD HAVE ARBITRARY RESULTS IN SO FAR AS IT WOULD ALLOW THE ADJUSTMENT OF REFERENCE PRODUCTION OF CATEGORIES LEAST AFFECTED BY THE SYSTEM OF RESTRICTION OF PRODUCTION SOLELY IN ORDER TO COUNTERACT THE DIFFICULTIES INVOLVED IN APPLYING HIGH ABATEMENT RATES TO OTHER CATEGORIES .

2.ARTICLE 14 OF DECISION 1696/82 DOES NOT EXPRESSLY IMPOSE AN OBLIGATION ON THE COMMISSION TO ADJUST REFERENCE PRODUCTIONS OF ALL CATEGORIES IA TO ID WHEN THE CONDITIONS IN THAT ARTICLE ARE SATISFIED . THAT IS TRUE EVEN THOUGH THE ARTICLE PROVIDES FOR ' ' SUITABLE ADJUSTMENTS TO ITS REFERENCE PRODUCTION . . . FOR THE CATEGORY IN QUESTION ' ' . THE EXPRESSION ' ' CATEGORY IN QUESTION ' ' USED IN THE AFORESAID ARTICLE 14 REFERS NOT TO ALL CATEGORIES IA TO ID BUT ONLY TO THOSE MENTIONED AT THE BEGINNING OF THE PROVISION , THE ABATEMENT RATES OF WHICH ARE OF A SCALE WHICH MAY CREATE EXCEPTIONAL DIFFICULTIES FOR THE UNDERTAKING .