ddrg/super_eurlex huggingface dataset:
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1 . APPLICATION ON THE GROUNDS OF FAILURE TO ACT - APPLICATION TO THE HIGH AUTHORITY UNDER THE FIRST PARAGRAPH OF ARTICLE 35 ECSC TREATY - PERSONS ENTITLED TO APPLY

2 . PROCEEDINGS WITHIN THE MEANING OF ARTICLE 66 ( 5 ) - PROVISION DEROGATING FROM THE GENERAL PROVISIONS RELATING TO PROCEDURE - INAPPLICABILITY TO A FAILURE TO ACT FALLING EXCLUSIVELY WITHIN ARTICLE 35 .

Summary

1 . THE PERSONS ENTITLED TO APPLY TO THE HIGH AUTHORITY AS PROVIDED IN THE FIRST PARAGRAPH OF ARTICLE 35 OF THE ECSC TREATY AS A PRELIMINARY TO AN ACTION ON THE GROUNDS OF A FAILURE TO ACT, CAN ONLY BE STATES, THE COUNCIL, UNDERTAKINGS OR ASSOCIATIONS .

2 . PROCEEDINGS UNDER THE SECOND SUB-PARAGRAPH OF ARTICLE 66 ( 5 ) DEROGATE FROM THE GENERAL PROVISIONS RELATING TO PROCEDURE LAID DOWN BY THE TREATY, AND CANNOT BE EXTENDED TO CASES OF INACTION ON THE PART OF THE HIGH AUTHORITY WHICH FALL EXCLUSIVELY WITHIN THE PROCEDURE LAID DOWN IN ARTICLE 35 .
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1 . OFFICIALS - INTEGRATION UNDER THE STAFF REGULATIONS - PROBATION REPORT - EXTENSION OF PROBATIONARY PERIOD - ESTABLISHMENT REPORT - PERIOD OF REFERENCE COVERING THE OFFICIAL'S WHOLE PERIOD OF SERVICE

( EAEC STAFF REGULATIONS, ARTICLE 102 )

2 . OFFICIALS - INTEGRATION UNDER THE STAFF REGULATIONS - UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD - GROUND OF COMPLAINT TO BE RAISED BY MEANS OF AN ACTION AGAINST THE DECISION OF THE APPOINTING AUTHORITY CONFIRMING THIS REPORT

( EAEC STAFF REGULATIONS, ARTICLES 91, 102 )

3 . OFFICIALS - INTEGRATION UNDER THE STAFF REGULATIONS - OPINION OF THE ESTABLISHMENT BOARD - COMMUNICATION BEFORE NOTIFICATION OF THE DECISION NOT OBLIGATORY

( EAEC STAFF REGULATIONS, ARTICLE 102 )

Summary

1 . IN SPITE OF THE EXISTENCE OF A REPORT DRAWN UP AFTER THE SERVING BY AN OFFICIAL OF A SIX MONTHS' PROBATIONARY PERIOD AND NOTWITHSTANDING ANY EXTENSION OF THIS PERIOD, THE ADMINISTRATION HAS THE RIGHT AND THE DUTY TO SUBMIT TO THE ESTABLISHMENT BOARD A MORE RECENT REPORT COVERING THE ENTIRE PERIOD WHICH HAS ELAPSED SINCE THE APPLICANT WAS ENGAGED .

2 . ANY GROUND OF COMPLAINT BY AN OFFICIAL AGAINST AN UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD CAN ONLY BE RAISED EFFECTIVELY BY MEANS OF AN ACTION AGAINST THE DECISION OF THE APPOINTING AUTHORITY, SINCE THIS DECISION, WHICH CONSTITUTES THE FINAL STEP IN THE INTEGRATION PROCEDURE, IS REQUIRED TO CONFIRM THE OPINION .

3 . THE ADMINISTRATION IS NOT BOUND TO INFORM THE OFFICIAL OF THE OPINION OF THE ESTABLISHMENT BOARD BEFORE ITS DECISION REGARDING HIS INTEGRATION IS NOTIFIED TO HIM .
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1 . FREE MOVEMENT OF PERSONS - WORKERS WITHIN THE MEANING OF EEC TREATY - WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - CONCEPT - COMMUNITY MEANING

( EEC TREATY, ARTICLES 48 TO 51; REGULATION N . 3 OF THE COUNCIL OF THE EEC )

2 . FREE MOVEMENT OF PERSONS - WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - TEMPORARY CESSATION OF WORK - ADMISSION TO THE BENEFIT OF VOLUNTARY INSURANCE UNDER NATIONAL LAW - STATUS OF WAGE-EARNER OR ASSIMILATED WORKER

( REGULATION N . 3 OF THE COUNCIL OF THE EEC )

3 . FREE MOVEMENT OF PERSONS - WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - ADMISSION TO THE BENEFITS OF VOLUNTARY INSURANCE UNDER NATIONAL LAW - APPRAISAL BY THE NATIONAL COURT OF THE CONDITIONS OF AND THE REASONS FOR THE GRANT OF THOSE BENEFITS - STATUS OF WAGE-EARNER OR ASSIMILATED WORKER

( REGULATION N . 3 OF THE COUNCIL OF THE EEC )

4 . FREE MOVEMENT OF PERSONS - WAGE-EARNERS OR ASSIMILATED N.3 OF THE COUNCIL OF THE EEC - TEMPORARY RESIDENCE ABROAD DISADVANTAGES ARISING FROM THIS FACT - PROHIBITION

( REGULATION N . 3 OF THE COUNCIL OF THE EEC, ARTICLE 19 ( 1 ))

Summary

1 . THE CONCEPT OF 'WAGE-EARNER OR ASSIMILATED WORKER ' EMPLOYED IN REGULATION N . 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS HAS, LIKE THE TERM 'WORKERS ' IN ARTICLES 48 TO 51 OF THE EEC TREATY, A COMMUNITY MEANING REFERRING TO ALL THOSE WHO, AS SUCH AND UNDER WHATEVER DESCRIPTION, ARE COVERED BY THE DIFFERENT NATIONAL SYSTEMS OF SOCIAL SECURITY .

2 . THE CONCEPT OF WAGE-EARNERS OR ASSIMILATED WORKERS WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC COVERS THOSE PERSONS WHO, ORIGINALLY COMPULSORILY AFFILIATED TO A SOCIAL SECURITY SYSTEM AS ' WORKERS ', HAVE SUBSEQUENTLY, AS SUCH AND IN CONSIDERATION OF A POSSIBLE RESUMPTION OF THEIR ACTIVITY AS WORKERS, BEEN ADMITTED AS BENEFICIARIES OF A VOLUNTARY INSURANCE SCHEME UNDER NATIONAL LAW GOVERNED BY PRINCIPLES ANALOGOUS TO THOSE OF THE COMPULSORY INSURANCE .

3 . IN ORDER TO ASCERTAIN WHETHER A PERSON NOT CURRENTLY A WORKER IS NEVERTHELESS COVERED BY THE CONCEPT OF ' WAGE-EARNER ' OR ASSIMILATED WORKER ', IT IS FOR THE NATIONAL COURT TO APPRAISE WHETHER, IN EACH INSTANCE, THE OPPORTUNITY TO BELONG TO THE SOCIAL SECURITY SYSTEM HAS BEEN GIVEN TO THE PERSON CONCERNED ON THE CONDITIONS AND FOR THE REASONS SET OUT IN 2 .

4 . ' WAGE EARNERS OR ASSIMILATED WORKERS ' IN THE SITUATION ENVISAGED BY ARTICLE 19 ( 1 ) OF REGULATION N . 3 OF THE COUNCIL OF THE EEC BENEFIT FROM THE RIGHTS CONFERRED BY THAT PROVISION, WHATEVER MAY BE THE REASON FOR THEIR TEMPORARY RESIDENCE ABROAD .

THIS ARTICLE PRECLUDES ANY RULE OF NATIONAL LAW FROM SUBJECTING THE GRANT OF THE BENEFITS IN QUESTION, IN THE CASE OF SUCH TEMPORARY RESIDENCE, TO CONDITIONS MORE ONEROUS THAN THOSE WHICH WOULD BE APPLIED IF THE PERSON CONCERNED HAD FALLEN ILL WHILE IN THE TERRITORY OF THE STATE TO WHICH THE INSURER BELONGS .
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1 . EUROPEAN ECONOMIC COMMUNITY - COMMUNITY LEGAL ORDER - FAILURE TO OBSERVE THE TREATY - OBLIGATION ON ALL THOSE CONCERNED TO OBSERVE PROCEDURES LAID DOWN IN THE TREATY

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION ON NEW DUTIES - SCOPE - NEED FOR EVERY EXCEPTION TO BE EXPLICITLY LAID DOWN

( EEC TREATY, ARTICLE 12 )

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION ON NEW DUTIES - APPLICATION TO AGRICULTURAL PRODUCTS

( EEC TREATY, ARTICLES 12 AND 39 TO 46 )

4 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION ON NEW DUTIES - APPLICATION AS REGARDS A NATIONAL MARKET ORGANIZATION

( EEC TREATY, ARTICLE 12 )

5 . NATIONAL MARKET ORGANIZATION - CONCEPT

Summary

1 . THE TREATY IS NOT LIMITED TO CREATING RECIPROCAL OBLIGATIONS BETWEEN THE DIFFERENT NATURAL AND LEGAL PERSONS TO WHOM IT IS APPLICABLE, BUT ESTABLISHES A NEW LEGAL ORDER WHICH GOVERNS THE POWERS, RIGHTS AND OBLIGATIONS OF THE SAID PERSONS, AS WELL AS THE NECESSARY PROCEDURES FOR TAKING COGNIZANCE OF AND PENALIZING ANY BREACH OF IT .

THEREFORE EVEN WHERE A COMMUNITY INSTITUTION HAS FAILED TO CARRY OUT ITS OBLIGATIONS, EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, THE BASIC CONCEPT OF THE TREATY REQUIRES THAT MEMBER STATES SHALL NOT FAIL TO CARRY OUT THEIR OBLIGATIONS AND SHALL NOT TAKE THE LAW INTO THEIR OWN HANDS .

2 . ARTICLE 12 PROHIBITS THE INTRODUCTION OF NEW CUSTOMS BARRIERS SO AS TO FACILITATE THE INTEGRATION OF NATIONAL MARKETS AND THE ESTABLISHMENT OF A COMMON MARKET . WITHOUT CONSTITUTING OF ITSELF A MEASURE REMOVING ECONOMIC PROTECTION, THIS PROHIBITION CONSTITUTES AN ESSENTIAL REQUIREMENT BOTH FOR THE SUBSTITUTION OF A COMMON MARKET FOR THE DIFFERENT NATIONAL MARKETS, AND FOR THE SUBSTITUTION OF A COMMON AGRICULTURAL ORGANIZATION FOR THE NATIONAL ORGANIZATIONS . THUS ARTICLE 12 CONSTITUTES A FUNDAMENTAL RULE AND ANY POSSIBLE EXCEPTION, WHICH IN ANY EVENT MUST BE STRICTLY CONSTRUED, MUST BE CLEARLY LAID DOWN .

3 . ARTICLES 39 TO 46 CONTAIN NOTHING CONFERRING EXEMPTION FROM ARTICLE 12 .

4 . ARTICLE 12 ALSO PROHIBITS MEASURES TAKEN WITHIN THE FRAMEWORK OF A MARKET ORGANIZATION IN SO FAR AS THEY CONSTITUTE CUSTOMS DUTIES OR CHARGES HAVING EQUIVALENT EFFECT .

5 . A MARKET ORGANIZATION IS A COMBINATION OF LEGAL INSTITUTIONS AND MEASURES ON THE BASIS OF WHICH THE APPROPRIATE AUTHORITIES SEEK TO CONTROL AND REGULATE THE MARKET .

THEREFORE A MARKET ORGANIZATION CANNOT POSSIBLY BE SEPARATED FROM ITS CONSTITUENT INSTITUTIONS, NOR CAN IT EXIST INDEPENDENTLY OF THESE INSTITUTIONS .

THE MAINTENANCE OF A NATIONAL MARKET ORGANIZATION CANNOT POSSIBLY MEAN ANYTHING OTHER THAN THE MAINTENANCE OF THE INSTITUTIONS ON WHICH IT DEPENDS . ON ANY OTHER VIEW THE CONCEPT OF A NATIONAL MARKET ORGANIZATION WOULD LOSE ALL FORCE AND PLAIN MEANING .
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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - ' LEGISLATION ' WITHIN THE MEANING OF REGULATION N . 3 OF THE COUNCIL OF THE EEC - CONCEPT

Summary

1 . UNDER THE TERMS OF ARTICLE 177, THE COURT, WHEN GIVING A PRELIMINARY RULING, ONLY HAS JURISDICTION TO GIVE A RULING ON THE INTERPRETATION OF THE TREATY AND OF MEASURES OF THE INSTITUTIONS OF THE COMMUNITY, BUT CAN NEITHER APPLY THE TREATY AND SUCH MEASURES TO A SPECIFIC CASE, NOR RULE ON THE INTERPRETATION OF THE NATIONAL LAW OF A MEMBER STATE .

2 . THE EXPRESSION ' LEGISLATION ' USED IN ARTICLES 1 ( B ), 2 ( 1 ) ( OPENING WORDS ) AND ARTICLE 3 OF REGULATION N . 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OJ OF THE EUROPEAN COMMUNITIES OF 16 DECEMBER 1958, PP . 561 ET SEQ .) ALSO APPLIES TO ANY NETHERLANDS LEGISLATION MAKING PROVISION FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS, WITH THE EXCEPTION OF BENEFITS GRANTED IN RESPECT OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES EVEN IF SUCH LEGISLATION ENTERED INTO FORCE AFTER REGULATION N . 3 AND EVEN IF NOTICE THEREOF WAS NOT GIVEN AS PROVIDED FOR IN ARTICLE 3 OF THE SAID REGULATION .
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1 . MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - DECISION OF THE HIGH AUTHORITY TAKEN WITH THE UNANIMOUS ASSENT OF THE COUNCIL - AMENDMENT - POWERS OF THE HIGH AUTHORITY

2 . MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - VALIDITY - CONDITIONS OF ESSENTIAL PROCEDURAL REQUIREMENTS - PROVISIONS RELATING THERETO - PROHIBITION ON THE EXTENSION OF THEIR APPLICATION

3 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - UNIT OF ACCOUNT - FUNCTION

( ECSC TREATY, ARTICLE 53 )

4 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - CONTRIBUTIONS - CALCULATION IN UNITS OF ACCOUNT - RATE OF EXCHANGE APPLICABLE DURING ACCOUNTING PERIODS

( ECSC TREATY, ARTICLE 53 )

5 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - DISCRIMINATORY RULES - AMENDMENT - ABSENCE OF VESTED RIGHTS

Summary

1 . CF . PARAGRAPH 4, SUMMARY, JUDGMENT IN CASE 111/63, ( 1965 ) ECR 677 .

THERE IS NO JUSTIFICATION FOR THE CONCLUSION THAT THE DECISIONS OF THE HIGH AUTHORITY TAKEN WITH THE UNANIMOUS ASSENT OF THE COUNCIL COULD ONLY BE AMENDED, EVEN IN THE CASE OF AMENDMENTS NOT AFFECTING THE BASIS OF SUCH DECISIONS, BY A NEW DECISION ALSO TAKEN WITH THE UNANIMOUS ASSENT OF THE COUNCIL .

*/ 663J0111 /*.

2 . CF . PARAGRAPH 5, SUMMARY, JUDGMENT IN CASE 111/63, ( 1965 ) ECR 677 .

A PROVISION WHICH LAYS DOWN THE ESSENTIAL PROCEDURAL REQUIREMENTS FOR THE VALIDITY OF CERTAIN DECISIONS MUST BE STRICTLY CONSTRUED .

*/ 663J0111 /*.

3 . CF . PARAGRAPH 7, SUMMARY, JUDGMENT IN CASE 111/63, ( 1965 ) ECR 677 .

IN THE FERROUS SCRAP EQUALIZATION SCHEME THE UNIT OF ACCOUNT IS NOT A CURRENCY DIFFERENT FROM NATIONAL CURRENCIES BUT IS MERELY AN ACCOUNTING DEVICE INTENDED TO FACILITATE THE FIXING OF A GENERAL EQUALIZATION PRICE AND THE UNIFORM AND EXPEDITIOUS CALCULATION OF EQUALIZATION PAYMENTS AND CONTRIBUTIONS .

*/ 663J0111 /*.

4 . CF . PARAGRAPH 8, SUMMARY, JUDGMENT IN CASE 111/63, ( 1965 ) ECR 677 .

IT IS NECESSARY TO FIX THE CONTRIBUTIONS TO BE PAID BY THE UNDERTAKINGS TO THE FERROUS SCRAP EQUALIZATION SCHEME ON THE BASIS OF THE PARITY OF THE UNIT OF ACCOUNT IN FORCE DURING THE VARIOUS ACCOUNTING PERIODS .

*/ 663J0111 /*.

5 . CF . PARAGRAPH 9, SUMMARY, JUDGMENT IN CASE 111/63, ( 1965 ) ECR 677 .

IN THE EQUALIZATION SCHEME, WHICH IS BASED ON A CLOSE INTERDEPENDENCE BETWEEN THE CONTRIBUTIONS OF EACH PARTICIPANT, IT IS PERMISSIBLE TO ALTER SITUATIONS CREATED BY RULES WHICH, IF THEY ARE ALLOWED TO CONTINUE IN FORCE, WOULD CONFER UNJUSTIFIED BENEFIT ON CERTAIN UNDERTAKINGS COMPARED WITH OTHERS AND WOULD THEREFORE JEOPARDIZE THE OBJECTIVES OF THE SCHEME .

*/ 663J0111 /*.
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1 . OFFICIALS - RECRUITMENT - APPEAL AGAINST LATER STEPS IN THE RECRUITMENT PROCEDURE - POSSIBILITY OF CONTESTING THE LEGALITY OF EARLIER STEPS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - PUBLICATIONS OF NOTICE OF COMPETITION - PURPOSE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX III, ARTICLE 2 )

Summary

1 . CF . PARA . 1, SUMMARY IN JOINED CASES 12 AND 29/64 ( 1965 ) ECR 107 .

SINCE THE VARIOUS STEPS COMPRISING THE RECRUITMENT PROCEDURE FORM A SINGLE ENTITY, IT MUST BE ACCEPTED THAT IN AN ACTION CONTESTING LATER STEPS IN SUCH A PROCEDURE THE APPLICANT MAY CONTEST THE LEGALITY OF EARLIER STEPS WHICH ARE CLOSELY LINKED TO THEM . A SUBMISSION OF INADMISSIBILITY ON THE GROUND THAT AN APPEAL AGAINST THESE STEPS WAS OUT OF TIME IS THEREFORE INADMISSIBLE .

*/ 664J0012 /*.

2 . THE PUBLICATION OF A NOTICE OF COMPETITION IS NOT INTENDED TO PROVE THAT ALL THE RULES CONCERNING THE COMPETITION PROCEDURE HAVE BEEN OBSERVED, BUT SIMPLY TO ENSURE THAT THE COMPETITION IS SUFFICIENTLY ADVERTISED TO INDUCE OFFICIALS INTERESTED TO APPLY .
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PROCEDURE - REVISION OF A JUDGMENT - FACT CAUSING THE REVISION TO BE OPENED - ADMISSIBILITY

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, ARTICLE 41;

PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EAEC, ARTICLE 42 )

Summary

IN ORDER TO DECIDE WHETHER THE FACT RELIED UPON BY THE APPLICANT IS OF SUCH A NATURE AS TO CAUSE THE REVISION TO BE OPENED WITHIN THE MEANING OF ARTICLE 41 OF THE EEC STATUTE AND ARTICLE 42 OF THE EAEC STATUTE, IT IS NECESSARY TO CONSIDER ITS RELEVANCE TO THE GROUNDS OF THE JUDGMENT RELATING TO THE QUESTION AT ISSUE .
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OFFICIALS - APPEAL AGAINST A MEASURE CONFIRMING AN EARLIER DECISION - EXPIRY OF PERIOD FOR LODGING AN APPEAL AGAINST THAT DECISION - LOSS OF RIGHT TO APPEAL

Summary

CF . PARAGRAPH 2 OF SUMMARY IN CASE 55/64 ( 1965 ) ECR 837 .

A MEASURE WHICH MERELY CONFIRMS A PREVIOUS DECISION CANNOT REVIVE AN ALREADY TIME-BARRED RIGHT OF APPEAL AGAINST THAT DECISION .

*/ 664J0055 /*.
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1 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - OWN RESOURCES OF SCRAP - CONCEPT

( ECSC TREATY, ARTICLE 53 )

2 . COMMON FINANCIAL ARRANGEMENTS - UNDERTAKINGS LIABLE TO PAY CONTRIBUTIONS - CONCEPT

( ECSC TREATY, ARTICLES 53, 80 )

3 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - BOUGHT SCRAP ADDED TO STOCK - SYSTEM OF ASSESSMENT

( ECSC TREATY, ARTICLE 53, DECISION NO 2/57 OF THE HIGH AUTHORITY, ARTICLE 4 )

Summary

1 . FERROUS SCRAP WHICH HAS NOT UNDERGONE ANY CHANGE OF OWNERSHIP, USING THE TERM IN A STRICTLY LEGAL SENSE, BETWEEN ITS PRODUCTION AND ITS UTILIZATION, CONSTITUTES AN UNDERTAKING'S OWN RESOURCES .

CF . PARA . 9, SUMMARY, JOINED CASES 42 AND 49/59, ( 1961 ) ECR 105 .

2 . FOR THE PURPOSES OF THE EQUALIZATION SCHEME, THE CONCEPT OF AN UNDERTAKING MAY BE IDENTIFIED WITH THAT OF A NATURAL OR LEGAL PERSON .

CF . PARA . 3, SUMMARY, JOINED CASES 17 AND 20/61, ( 1962 ) ECR 619 .

3 . THE EFFECT OF ARTICLE 4 OF DECISION NO 2/57 OF THE HIGH AUTHORITY IS NOT TO EXEMPT SCRAP PURCHASED AND CONSUMED BY USERS FROM PAYMENT OF THE EQUALIZATION CONTRIBUTIONS . ITS PURPOSE IS MERELY TO AVOID A SECOND ASSESSMENT BEING MADE AT THE MOMENT THEY ARE PUT INTO THE FURNACE OF THOSE QUANTITIES OF FERROUS SCRAP WHICH ARE NOT USED FROM DAY TO DAY BUT ARE ADDED TO STOCK .
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OFFICIALS - DUTIES PERFORMED, GRADE AND POST - CORRESPONDENCE - DUTIES OF THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC, ARTICLES 5 AND 7 AND ANNEX I )

Summary

IT FOLLOWS FROM THE PROVISIONS OF ARTICLES 5 AND 7 OF THE STAFF REGULATIONS OF OFFICIALS OF THE ECSC THAT AN OFFICIAL IS ENTITLED NOT ONLY TO REMAIN IN THE SAME GRADE AND TO RECEIVE THE CORRESPONDING REMUNERATION, BUT ALSO TO BE ENTRUSTED WITH DUTIES AND POWERS WHICH ARE IN ACCORDANCE WITH THE POST CORRESPONDING TO THE GRADE WHICH HE HOLDS IN THE ADMINISTRATION .

CF . PARAGRAPH 4, SUMMARY, CASE 102/63 ( 1964 ) ECR 1351 .
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1 . MEASURES ADOPTED BY AN INSTITUTION - DEFINITIVE NATURE - CRITERIA

2 . PROCEDURE - CLAIM FOR COMPENSATION DISTINCT FROM AN APPLICATION FOR ANNULMENT - LIMITS OF THIS DISTINCTION

Summary

1 . A MEASURE ADOPTED BY AN INSTITUTION WITHOUT CONDITIONS OR RESERVATIONS MUST BE REGARDED AS FINAL IN THE ABSENCE OF MATERIAL FACTORS WHICH CLEARLY AND CONSISTENTLY INDICATE ITS PROVISIONAL NATURE .

CF . PARA . 1, SUMMARY, CASE 34/65 ( 1966 ) ECR 521 .

2 . A PARTY MAY TAKE ACTION BY MEANS OF A CLAIM FOR COMPENSATION WITHOUT BEING OBLIGED TO SEEK THE ANNULMENT OF THE ILLEGAL MEASURE WHICH CAUSES HIM DAMAGE . HE MAY NOT, HOWEVER, BY THIS MEANS ATTEMPT TO OBTAIN A RESULT SIMILAR TO THAT OF THE ANNULMENT OF THE MEASURE IN QUESTION, IF THE APPLICATION FOR ITS ANNULMENT IS INADMISSIBLE .
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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - BENEFIT - AGGREGATION AND CALCULATION PRO RATA - CALCULATION OF A PENSION THE RIGHT TO WHICH IS CONFERRED IN SEVERAL MEMBER STATES BUT WHICH IS PAID IN ONE STATE ONLY

( REGULATION NO 3, ARTICLE 28(1)(B ) AND ( F ))

Summary

1 . ARTICLE 51 IS INTENDED TO CONFER ON A MIGRANT WORKER THE BENEFIT ARISING FROM THE COMMUNITY REGULATIONS WITHOUT HOWEVER DIMINISHING THE RIGHTS WHICH HE WOULD HAVE HAD IF THOSE REGULATIONS HAD NOT BEEN APPLIED . THIS OBJECTIVE WOULD BE DISREGARDED IF THE WORKER WERE OBLIGED, IN ORDER TO AVAIL HIMSELF OF THE FREEDOM OF MOVEMENT WHICH IS GUARANTEED TO HIM, AS A RESULT OF THE ENTRY INTO FORCE OF THE COMMUNITY REGULATIONS, TO SUFFER THE LOSS OF RIGHTS ALREADY ACQUIRED IN ONE OF THE MEMBER STATES UNDER THAT STATE'S OWN LEGISLATION .

2 . ARTICLE 28(1)(F ) OF REGULATION NO 3 OF THE EEC APPLIES BOTH TO CASES IN WHICH THE PERSON CONCERNED DOES NOT SATISFY THE CONDITIONS REQUIRED FOR THE PAYMENT OF BENEFIT AND TO CASES IN WHICH HE DOES NOT SATISFY THE CONDITIONS FOR CONFERMENT OF THE RIGHT TO SUCH BENEFIT . A MIGRANT WORKER WHOSE RIGHTS TO AN OLD-AGE PENSION HAVE BEEN CALCULATED IN ACCORDANCE WITH THE LEGISLATION OF TWO MEMBER STATES UNDER THE PROVISIONS OF ARTICLE 28(1)(A ) AND ( B ) OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS BUT TO WHOM PAYMENT OF THE FRACTION OF THE PENSION PAYABLE BY ONE OF THEM HAS BEEN SUSPENDED, IS ENTITLED TO OBTAIN FROM THE SOCIAL SECURITY INSTITUTION OF THE OTHER MEMBER STATE AN AMOUNT OF PENSION CALCULATED SOLELY IN ACCORDANCE WITH THE LEGISLATION OF THAT STATE AND TAKING ACCOUNT OF THE INSURANCE PERIODS COMPLETED UNDER THAT LEGISLATION .
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1 . OFFICIALS - APPEAL AGAINST AN INTERNAL ADMINISTRATIVE MEASURE - INADMISSIBILITY

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

2 . COMMUNITY INSTITUTIONS - ADMINISTRATIVE DEPARTMENTS - ORGANIZATIONAL POWER OF SUPERIOR AUTHORITIES - DUTY TO RESPECT THE RIGHTS OF OFFICIALS

3 . OFFICIALS - DUTIES CARRIED OUT, GRADE AND POST - CORRESPONDENCE - POSSIBILITY OF AN INFRINGEMENT OF THIS PRINCIPLE BY WITHDRAWING ONE OR MORE OF THE DEPARTMENTS FOR WHICH AN OFFICIAL IS RESPONSIBLE

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLES 5, 7 )

4 . OFFICIALS - DISCIPLINARY MEASURES - OBSERVATIONS ADDRESSED TO AN OFFICIAL BY HIS SUPERIOR - NOT A REPRIMAND - NATURE OF AN INTERNAL ADMINISTRATIVE MEASURE

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLE 86 )

Summary

1 . MEASURES CONCERNED EXCLUSIVELY WITH MATTERS INTERNAL TO THE SERVICE AND THE WAY IN WHICH THE ADMINISTRATION IS CARRIED OUT ARE NOT MEASURES WHICH CAN BE ANNULLED UNDER ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS .

CF . PARAGRAPH 3, SUMMARY, JUDGMENT IN JOINED CASES 109/63 AND 13/64 ( 1964 ) ECR 663 .

2 . THE HIGHER AUTHORITY ALONE IS RESPONSIBLE FOR THE ORGANIZATION OF THE DEPARTMENTS, WHICH IT MUST BE ABLE TO DETERMINE AND MODIFY ACCORDING TO THE EXIGENCIES OF THE SERVICE, WITHOUT PREJUDICE TO THE RIGHTS WHICH SERVANTS ENJOY UNDER THEIR STAFF REGULATIONS AND WHICH THEY CAN ASK THE COURT TO ENFORCE .

CF . PARAGRAPH 3, SUMMARY, JUDGMENT IN JOINED CASES 109/63 AND 13/64 ( 1964 ) ECR 663 .

3 . IN PARTICULAR IT IS CLEAR FROM ARTICLES 5 AND 7 OF THE STAFF REGULATIONS THAT AN OFFICIAL HAS THE RIGHT TO EXPECT THAT THE DUTIES WHICH ARE ASSIGNED TO HIM SHOULD AS A WHOLE BE IN KEEPING WITH THE POST WHICH CORRESPONDS TO THE GRADE WHICH HE OCCUPIES IN THE SCALE OF POSTS; WITHDRAWING FROM AN OFFICIAL ONE OR MORE OF THE DEPARTMENTS FOR WHICH HE WAS PREVIOUSLY RESPONSIBLE MAY IN CERTAIN CIRCUMSTANCES AMOUNT TO AN INFRINGEMENT OF THIS RIGHT .

CF . SUMMARY, JUDGMENT IN CASE 15/65 ( 1965 ) ECR 1045 .

4 . MERE OBSERVATIONS ADDRESSED TO AN OFFICIAL BY HIS SUPERIOR ARE NOT A DISCIPLINARY MEASURE BUT AN INTERNAL ADMINISTRATIVE MEASURE WHICH CANNOT BE THE SUBJECT OF AN APPEAL TO THE COURT .
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1 . PRIVILEGES AND IMMUNITIES - ECSC PROTOCOL - SINGLE PROTOCOL FOR THE THREE COMMUNITIES - PRELIMINARY RULING ON INTERPRETATION - IDENTICAL OBJECTIVE

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 16; PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE COMMUNITIES, ARTICLE 30; EEC TREATY, ARTICLE 177; EAEC TREATY, ARTICLE 150 )

2 . AMENDMENT OF LEGISLATION - SILENCE OF THE LEGISLATURE - CONTINUITY OF LEGAL SYSTEM - PRINCIPLE COMMON TO THE LEGAL SYSTEMS OF MEMBER STATES

3 . OFFICIALS OF THE ECSC - PRIVILEGES AND IMMUNITIES - EXEMPTION FROM NATIONAL TAXES - EXTENT

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 11 )

4 . OFFICIALS OF THE ECSC - PRIVILEGES AND IMMUNITIES - EXEMPTION FROM NATIONAL TAXES - CONTRIBUTION INTENDED TO FINANCE A SOCIAL SECURITY SCHEME - NO EXEMPTION

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 11 )

Summary

1 . ARTICLE 16 OF THE FORMER ECSC PROTOCOL AND ARTICLE 30 OF THE TREATY ESTABLISHING A

SINGLE COUNCIL AND A SINGLE COMMISSION WHICH MAKE

ARTICLE 177 OF THE EEC TREATY AND ARTICLE 150 OF THE

EAEC TREATY APPLICABLE TO THE FIRST-NAMED TREATY HAVE AN IDENTICAL OBJECTIVE, NAMELY TO ENSURE A UNIFORM INTERPRETATION AND APPLICATION IN THE SIX MEMBER STATES OF THE PROVISIONS RELATING TO THE PRIVILEGES AND IMMUNITIES OF THE COMMUNITIES .

2 . IN ACCORDANCE WITH A PRINCIPLE COMMON TO THE LEGAL SYSTEMS OF THE MEMBER STATES, THE ORIGINS OF WHICH MAY BE TRACED BACK TO ROMAN LAW, WHEN LEGISLATION IS AMENDED, UNLESS THE LEGISLATURE EXPRESSES A CONTRARY INTENTION, CONTINUITY OF THE LEGAL SYSTEM MUST BE ENSURED .

3 . ARTICLE 11(B ) OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC REFERS TO NATIONAL TAXES ON SALARIES AND EMOLUMENTS IN WHATEVER FORM AND UNDER WHATEVER NAME THEY LEVIED .

4 . A CONTRIBUTION INTENDED TO FINANCE A SOCIAL SECURITY SCHEME DOES NOT CONSTITUTE A TAX WITHIN THE MEANING OF ARTICLE 11(B ) OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC EVEN IF SUCH A CONTRIBUTION IS LEVIED IN A MANNER RESEMBLING THE LEVYING OF TAXES .