ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - SCOPE

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - HEALTH INSPECTIONS - PERMISSIBILITY - CONDITIONS - DETAILED IMPLEMENTING RULES EXCEEDING REQUIREMENTS OF CONTROLS - DOUBLE-CHECK - PROHIBITION - ASSESSMENT BY NATIONAL COURT

( EEC TREATY , ARTS 30 AND 36 )

3 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - HEALTH INSPECTION CHARGE LEVIED ON IMPORTED PRODUCTS IN ACCORDANCE WITH PARTICULAR CRITERIA

( EEC TREATY , ARTS 9 , 12 AND 13 )

Summary

1 . ARTICLE 30 OF THE EEC TREATY HAS AS ITS OBJECTIVE TO REMOVE , AS BETWEEN MEMBER STATES , ALL BARRIERS TO THE FREE MOVEMENT OF GOODS AND , IN PARTICULAR , THOSE WHICH ARE SPECIFICALLY AIMED AT IMPORTED PRODUCTS OR WHICH APPLY TO IMPORTED PRODUCTS AND TO DOMESTIC PRODUCTS UNDER DIFFERENT CONDITIONS SO AS TO RENDER THE MARKETING OF IMPORTED GOODS MORE DIFFICULT OR MORE EXPENSIVE .

2 . IN THE ABSENCE OF COMMON OR HARMONIZED RULES ON HEALTH INSPECTIONS OF A PRODUCT , THE MEASURES OF CONTROL APPLIED BY THE MEMBER STATES MAY NOT BE CONSIDERED , IN PRINCIPLE , AS A RESTRICTION PROHIBITED UNDER THE EEC TREATY . NEVERTHELESS ALL DETAILED IMPLEMENTING RULES WHICH EXCEED THE REQUIREMENTS OF THE CONTROLS AND ARE CAPABLE AS SUCH OF HINDERING OR RESTRICTING INTRA-COMMUNITY TRADE MUST , BY VIRTUE OF ARTICLES 30 AND 36 , BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

THUS THE REQUIREMENT OF A DOUBLE-CHECK IN THE EXPORTING COUNTRY AND IN THE IMPORTING COUNTRY MAY , DEPENDING ON THE CIRCUMSTANCES , BE MORE THAN ARTICLE 36 OF THE TREATY PERMITS IF HEALTH REQUIREMENTS MAY BE SATISFIED AS EFFECTIVELY BY MEASURES WHICH ARE NOT SO RESTRICTIVE OF INTRA-COMMUNITY TRADE .

IT IS FOR THE NATIONAL COURT TO EXAMINE WHETHER AND TO WHAT EXTENT THE DETAILED MEASURES OF CONTROL APPLIED BY THE NATIONAL AUTHORITIES ARE CAPABLE OF CONSTITUTING AN IMPERMISSIBLE RESTRICTION ON INTRA-COMMUNITY TRADE .

3 . AN INSPECTION LEVY FOR HEALTH INSPECTION OF IMPORTED FISH DETERMINED AND IMPOSED WITHOUT OBJECTIVE JUSTIFICATION , IN ACCORDANCE WITH PARTICULAR CRITERIA CONCERNING THE NATURE OR CONDITION OF THE GOODS , WHICH ARE NOT COMPARABLE TO THE CRITERIA USED IN FIXING THE PECUNIARY CHARGES ON DOMESTIC PRODUCTS OF THE SAME KIND , MUST BE CONSIDERED AS A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY , PROHIBITED BY ARTICLES 9 , 12 AND 13 OF THE EEC TREATY .
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Summary



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1 . MEASURES ADOPTED BY INSTITUTIONS - REGULATION - CONCEPT

( EEC TREATY , ART . 189 )

2 . PROCEDURE - COSTS - ACTIONS BY OFFICIALS BASED ON ARTICLE 173 OF THE EEC TREATY

( RULES OF PROCEDURE , ARTS 69 ( 2 ) AND 70 )

Summary

1 . A REGULATION IS A MEASURE APPLYING TO OBJECTIVELY DETERMINED SITUATIONS AND INVOLVING LEGAL EFFECTS IN RESPECT OF CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT .

THESE CHARACTERISTICS ARE NOT CALLED IN QUESTION BY THE FACT THAT 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 IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE INSTRUMENT IN QUESTION IN RELATION TO ITS PURPOSE .

2 . WHEN AN ACTION BY AN OFFICIAL IS BASED ON ARTICLE 173 OF THE EEC TREATY AND NOT ARTICLE 179 IT IS ARTICLE 69 ( 2 ) AND NOT ARTICLE 70 OF THE RULES OF PROCEDURE WHICH APPLIES IN REGARD TO COSTS .
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROROGATION OF JURISDICTION - APPEARANCE OF THE DEFENDANT BEFORE THE COURT SEISED - AGREEMENT CONFERRING JURISDICTION DESIGNATING ANOTHER COURT - EFFECT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS 17 AND 18 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROROGATION OF JURISDICTION - APPEARANCE OF THE DEFENDANT BEFORE THE COURT SEISED - CHALLENGE AS TO JURISDICTION AND DEFENCE ON THE SUBSTANCE - APPEARANCE NOT CONFERRING JURISDICTION - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 18 )

3 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROROGATION OF JURISDICTION - AGREEMENTS CONFERRING JURISDICTION - FORMAL REQUIREMENTS - RULES OF THE CONVENTION - STIPULATION BY A CONTRACTING STATE OF OTHER REQUIREMENTS - NOT PERMISSIBLE - APPLICATION TO PROVISIONS ON LANGUAGES

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 17 )

Summary

1 . ARTICLE 18 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS APPLIES EVEN WHERE THE PARTIES HAVE BY AGREEMENT DESIGNATED A COURT WHICH IS TO HAVE JURISDICTION WITHIN THE MEANING OF ARTICLE 17 OF THAT CONVENTION .

2 . ARTICLE 18 OF THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE INTERPRETED AS MEANING THAT THE RULE ON JURISDICTION WHICH THAT PROVISION LAYS DOWN DOES NOT APPLY WHERE THE DEFENDANT NOT ONLY CONTESTS THE COURT ' S JURISDICTION BUT ALSO MAKES SUBMISSIONS ON THE SUBSTANCE OF THE ACTION , PROVIDED THAT IF THE CHALLENGE TO JURISDICTION IS NOT PRELIMINARY TO ANY DEFENCE AS TO THE SUBSTANCE IT DOES NOT OCCUR AFTER THE MAKING OF THE SUBMISSIONS WHICH UNDER NATIONAL PROCEDURAL LAW ARE CONSIDERED TO BE THE FIRST DEFENCE ADDRESSED TO THE COURT SEISED .

3 . SINCE THE AIM OF ARTICLE 17 OF THE CONVENTION IS TO LAY DOWN THE FORMAL REQUIREMENTS WHICH AGREEMENTS CONFERRING JURISDICTION MUST MEET , CONTRACTING STATES ARE NOT FREE TO LAY DOWN FORMAL REQUIREMENTS OTHER THAN THOSE CONTAINED IN THE CONVENTION . WHEN THOSE RULES ARE APPLIED TO PROVISIONS CONCERNING THE LANGUAGE TO BE USED IN AN AGREEMENT CONFERRING JURISDICTION THEY IMPLY THAT THE LEGISLATION OF A CONTRACTING STATE MAY NOT ALLOW THE VALIDITY OF SUCH AN AGREEMENT TO BE CALLED IN QUESTION SOLELY ON THE GROUND THAT THE LANGUAGE USED IS NOT THAT PRESCRIBED BY THAT LEGISLATION .
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Keywords

1 . OFFICIALS - APPLICATION TO THE COURT - EXPRESS DECISION CONFIRMING THE IMPLIED DECISION REJECTING A COMPLAINT - APPLICATION LODGED WITHIN THE PERIOD WHICH STARTS TO RUN FROM THE DATE OF THE IMPLIED DECISION - OBJECTION OF INADMISSIBILITY BASED ON THE CONFIRMATORY NATURE OF THE CONTESTED MEASURE - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 ( 2 ) AND 91 ( 3 ))

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE - INVALIDITY - DEGREE OF INVALIDITY - ASSESSED BY DECISION OF A MEDICAL COMMITTEE - JUDICIAL REVIEW - SCOPE AND LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

3 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE - INVALIDITY - COMPENSATION - FLAT-RATE AWARD - INTEREST - CONDITIONS FOR CLAIMING - PAYMENT OF COMPENSATION IMPROPERLY DELAYED BY THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

Summary

1 . WHERE A DECISION EXPRESSLY REJECTING A COMPLAINT AND AN EARLIER IMPLIED DECISION OF REJECTION ARE THE SAME IN SUBSTANCE IT IS IRRELEVANT TO ESTAB- LISH WHICH OF THOSE DECISIONS THE APPLICATION FORMALLY CONTESTS IF BOTH THE ADOPTION OF THE CONFIRMATORY MEASURE AND THE LODGING OF THE APPLICATION OCCURRED WITHIN THE LIMITATION PERIOD WHICH STARTED TO RUN FROM THE DATE OF THE IMPLIED DECISION REJECTING THE COMPLAINT . AN OBJECTION OF INADMISSIBILITY BASED SOLELY ON THE FACT THAT THE APPLICATION IS DIRECTED AGAINST THE SUBSEQUENT EXPRESS DECISION INSTEAD OF THE IMPLIED DECISION OF REJECTION MUST BE REJECTED AS CONTRARY TO THE GOOD FAITH WHICH MUST PREVAIL IN RELATIONS BETWEEN THE COMMISSION AND ITS EMPLOYEES , INCLUDING THEIR RELATIONS IN LEGAL PROCEEDINGS . THE INSTITUTION IN QUESTION MAY NOT RELY ON THE FACT THAT IT FAILED TO REPLY TO A COMPLAINT WITHIN THE PERIOD LAID DOWN BY THE STAFF REGULATIONS .

2 . IN RELATION TO A DECISION BY A MEDICAL COMMITTEE ASSESSING THE DEGREE OF PARTIAL PERMANENT INVALIDITY PURSUANT TO THE RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE , THE REMEDIES PROVIDED BY THE STAFF REGULATIONS OF OFFICIALS MAY IN PRINCIPLE BE EMPLOYED ONLY IN ORDER TO OBTAIN A REVIEW BY THE COURT CONFINED TO QUESTIONS CONCERNING THE CONSTITUTION AND PROPER FUNCTIONING OF THAT COMMITTEE . THE COURT ' S REVIEW MAY NOT EXTEND TO MEDICAL APPRAISALS PROPERLY SO CALLED WHICH MUST BE CONSIDERED DEFINITIVE , PROVIDED THAT THEY ARE ADOPTED IN ACCORDANCE WITH THE CORRECT PROCEDURE .

3 . UNDER THE INSURANCE PROVIDED FOR BY THE STAFF REGULATIONS THE COMPENSATION PAYABLE IN THE EVENT OF INVALIDITY IS IN THE NATURE OF A FLAT-RATE AWARD ASSESSED ON THE BASIS OF THE LASTING EFFECTS OF AN ACCIDENT . INTEREST MAY THUS BE CLAIMED ONLY WHERE THE PERSON ENTITLED TO THAT AWARD IS ABLE TO ESTABLISH THAT PAYMENT THEREOF WAS IMPROPERLY DELAYED BY THE ADMINISTRATION .
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Summary



Keywords

OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - DECISION OF AN INSTITUTION CONCERNING THE CONCLUSION OF CONTRACTS FOR STUDIES AND SURVEYS WITH THIRD PARTIES - EXCLUSION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

A DECISION RELATING IN GENERAL TERMS TO THE USE OF APPROPRIATIONS FOR THE CONCLUSION OF CONTRACTS FOR STUDIES AND SURVEYS WITH PERSONS OR COMPANIES NOT IN THE EMPLOYMENT OF AN INSTITUTION CANNOT BE REGARDED AS AN ACT ADVERSELY AFFECTING A FORMER OFFICIAL WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' ENTERTAINMENT ARTICLES ; CARNIVAL ARTICLES ' ' . . . WITHIN THE MEANING OF TARIFF HEADING 97.05 - CONCEPT - FLASHING LIGHT CIRCLES - INCLUSION

Summary

' ' FLASHING LIGHT CIRCLES ' ' CONSISTING OF A CIRCULAR PLASTIC FRAME TO WHICH ARE ATTACHED INCANDESCENT LIGHT BULBS OF VARIOUS COLOURS WHICH FLASH WHEN SWITCHED ON ARE TO BE CLASSIFIED UNDER TARIFF HEADING 97.05 OF THE COMMON CUSTOMS TARIFF .
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Keywords

OFFICIALS - PENSIONS - DETERMINATION OF PENSION RIGHTS - PAYMENT OF BENEFITS - DISTINCTION - AMOUNT OF BENEFITS AFFECTED BY EXCHANGE RATES AND WEIGHTINGS - NO ENCROACHMENT UPON PENSION RIGHTS

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , CHAPTER 2 AND ARTICLES 45 AND 46 )

Summary

THE PROVISIONS OF ANNEX VIII TO THE STAFF REGULATIONS DRAW A CLEAR DISTINCTION BETWEEN THE DETERMINATION OF ' ' PENSION RIGHTS ' ' COVERED BY CHAPTER 2 OF THE ANNEX AND THE ' ' PAYMENT OF BENEFITS ' ' GOVERNED BY ARTICLES 45 AND 46 OF THE ANNEX . ALTHOUGH CHANGES IN THE AMOUNTS ACTUALLY PAID TO THE PENSIONER WHICH WERE SOLELY DUE TO THE EFFECT OF THE RATES OF EXCHANGE AND THE WEIGHTINGS AFFECTED THE PAYMENT OF BENEFITS UNDER ARTICLES 45 AND 46 , THEY DID NOT ENCROACH UPON THE PENSION RIGHTS AS DETERMINED IN ACCORDANCE WITH CHAPTER 2 OF THE ANNEX .
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ACTION FOR DAMAGES - PERIOD OF LIMITATION - DATE OF COMMENCEMENT - LIABILITY ARISING FROM A LEGISLATIVE MEASURE - DATE ON WHICH THE INJURIOUS EFFECTS OF THE MEASURE ARE PRODUCED

( EEC TREATY , ART . 178 AND SECOND PARAGRAPH OF ART . 215 ; PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 43 )

Summary

AS IS APPARENT FROM ARTICLE 215 OF THE EEC TREATY AND ARTICLE 43 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE EXISTENCE OF AN UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS , ACTUAL DAMAGE AND A CAUSAL RELATIONSHIP BETWEEN THEM .

THE PERIOD OF LIMITATION WHICH APPLIES TO PROCEEDINGS IN MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY THEREFORE CANNOT BEGIN BEFORE ALL THE REQUIREMENTS GOVERNING THE OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE ARE SATISFIED AND IN PARTICULAR BEFORE THE DAMAGE TO BE MADE GOOD HAS MATERIALIZED . ACCORDINGLY , SINCE THE SITUATIONS CONCERNED ARE THOSE IN WHICH THE LIABILITY OF THE COMMUNITY HAS ITS ORIGIN IN A LEGISLATIVE MEASURE , THE PERIOD OF LIMITATION CANNOT BEGIN BEFORE THE INJURIOUS EFFECTS OF THAT MEASURE HAVE BEEN PRODUCED .
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OFFICIALS - REMUNERATION - NEW METHOD OF ADJUSTMENT - INCORPORATION OF WEIGHTINGS INTO THE SALARY SCALES - RECTIFICATION OF DISTORTIONS RESULTING FROM SUCH INCORPORATION - COUNCIL REGULATION NO 160/80 - OBJECTION OF ILLEGALITY - DISMISSAL
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Summary



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1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - ABSENCE - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

2 . APPLICATIONS FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - POWERS OF THE COURT - LIMITS - EXTENSION OF THE PERIOD LAID DOWN IN THE REASONED OPINION - POWERS OF THE COMMISSION

( EEC TREATY , ART . 169 )

Summary

1 . 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 RESULTING FROM COMMUNITY DIRECTIVES .

2 . THE POWERS CONFERRED ON THE COURT IN RELATION TO APPLICATIONS UNDER ARTICLE 169 OF THE TREATY DO NOT INCLUDE THE POWER TO SUBSTITUTE A DIFFERENT PERIOD FOR THAT LAID DOWN BY THE COMMISSION PURSUANT TO ARTICLE 169 IN ITS REASONED OPINION , ALTHOUGH THE LEGALITY OF THAT OPINION IS SUBJECT TO REVIEW BY THE COURT . SUBJECT TO THE SAME RESERVATION , IT IS FOR THE COMMISSION TO DECIDE WHETHER SUCH A REQUEST FROM A MEMBER STATE IS TO BE GRANTED .
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Summary



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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .
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1 . COMMUNITY LAW - CONCEPTS - INTERPRETATION - REFERENCE TO NATIONAL LEGAL SYSTEM - IMPERMISSIBLE

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - REDUCTION IN THE RATE - BUTTER SOLD AT A REDUCED PRICE TO CERTAIN UNDERTAKINGS FOR PROCESSING - OBLIGATORY DESTINATION - POWDER FOR THE PREPARATION OF EDIBLE ICES FALLING WITHIN SUBHEADINGS NOS EX 18.06 D OR EX 21.07 F OF THE COMMON CUSTOMS TARIFF - MEANING OF THE WORDS ' ' EDIBLE ICES . . . SUITABLE FOR CONSUMPTION ' '

( REGULATION NO 1259/72 OF THE COMMISSION , ART . 6 ( 1 ) ( C ), AS AMENDED BY REGULATIONS NOS 2815/72 AND 2819/74 )

Summary

1 . THE COMMUNITY LEGAL ORDER DOES NOT AIM IN PRINCIPLE TO DEFINE ITS CONCEPTS ON THE BASIS OF ONE OR MORE NATIONAL LEGAL SYSTEMS WITHOUT EXPRESS PROVISION TO THAT EFFECT .

2 . POWDER FALLING WITHIN SUBHEADINGS NOS EX 18.06 D OR EX 21.07 F OF THE COMMON CUSTOMS TARIFF AND INTENDED FOR THE PREPARATION OF EDIBLE ICES WITHIN THE MEANING OF THE THIRD INDENT OF ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 1259/72 AS AMENDED BY REGULATION NO 2815/72 OF THE COMMISSION AND AS LAST AMENDED BY REGULATION NO 2819/74 MUST CONTAIN ONLY PRODUCTS WHICH CAN BE PROCESSED INTO EDIBLE ICES SUITABLE FOR CONSUMPTION WITHOUT ANY TREATMENT OTHER THAN THE ADDITION OF WATER AND REFRIGERATION . SUITABILITY FOR CONSUMPTION AS AN EDIBLE ICE WITHIN THE MEANING OF THE SAID REGULATION REQUIRES FOR THE PURPOSES OF COMMUNITY LAW TREATMENT OF THE BASIC PRODUCT SUCH THAT ITS SOLE POSSIBLE APPLICATION IS THE PRODUCTION OF EDIBLE ICES , THAT IS TO SAY , OF A PRODUCT WHICH IS PERCEPTIBLY SUGARED OR FLAVOURED AND WHOSE CONSISTENCY , AFTER THE ADDITION OF WATER AND REFRIGERATION , IS SUCH THAT IT DOES NOT BREAK UP TOO RAPIDLY AT AMBIENT TEMPERATURES AND WHICH RETAINS ITS FRESHNESS FOR A SUFFICIENTLY LONG PERIOD .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - RESTRICTION OF ADVANTAGES RESULTING FROM THE APPLICATION OF COMMUNITY REGULATIONS - MAINTENANCE OF ADVANTAGES OBTAINED UNDER NATIONAL LEGISLATION ALONE

( EEC TREATY , ARTS 48 TO 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - UNEMPLOYMENT BENEFIT - BENEFIT SUBJECT UNDER NATIONAL LEGISLATION TO FITNESS FOR WORK - FITNESS FOR WORK RECOGNIZED - REFUSAL TO GRANT ALLOWANCE BECAUSE OF AN INVALIDITY PENSION GRANTED BY ANOTHER MEMBER STATE - NOT PERMISSIBLE

( EEC TREATY , ART . 51 ; REGULATIONS NOS 1408/71 , ART . 12 ( 2 ), AND 574/72 OF THE COUNCIL )

Summary

1 . ALTHOUGH RESTRICTIONS MAY BE PLACED ON MIGRANT WORKERS AS A COUNTERPART TO THE ADVANTAGES WHICH THEY DERIVE UNDER THE COMMUNITY REGULATIONS AND WHICH THEY COULD NOT OBTAIN WITHOUT THEM , THE AIM OF ARTICLES 48 TO 51 OF THE EEC TREATY WOULD NOT BE ACHIEVED IF THE EFFECT OF THE APPLICATION OF THOSE REGULATIONS WERE TO WITHDRAW OR REDUCE THE SOCIAL SECURITY ADVANTAGES WHICH A WORKER ENJOYS UNDER THE LEGISLATURE OF ONE MEMBER STATE ALONE .

2 . ARTICLE 51 OF THE TREATY AND REGULATIONS NOS 1408/71 AND 574/72 OF THE COUNCIL MUST BE INTERPRETED AS MEANING THAT WHERE , UNDER THE NATIONAL LEGISLATION OF A MEMBER STATE , THE RIGHT OF A MIGRANT WORKER TO UNEMPLOYMENT BENEFIT DEPENDS ON HIS FITNESS FOR WORK AND SUCH FITNESS FOR WORK HAS BEEN ACCEPTED BY THE COMPETENT AUTHORITIES OF THE SAID MEMBER STATE , THOSE AUTHORITIES MAY NOT REFUSE THE WORKER IN QUESTION UNEMPLOYMENT BENEFIT ON THE GROUND THAT HE IS IN RECEIPT IN ANOTHER MEMBER STATE OF AN AGGREGATED AND APPORTIONED INVALIDITY PENSION DETERMINED IN ACCORDANCE WITH COMMUNITY RULES .
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OFFICIALS - RECRUITMENT - COMPETITION - NOTICE OF COMPETITION - REQUIREMENTS FOR ELIGIBILITY - SELECTION BOARD - DECISION NOT TO ACCEPT AN APPLICATION - GROUNDS BASED ON FAILURE TO FULFIL A REQUIREMENT WHICH HAS NOT BEEN EXPRESSLY SPECIFIED - ILLEGALITY

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

Summary

ALTHOUGH THE APPOINTING AUTHORITY ENJOYS A WIDE DISCRETION TO DETERMINE THE CONDITIONS GOVERNING A COMPETITION , THE SELECTION BOARD IS BOUND BY THE TEXT OF THE NOTICE OF COMPETITION AS PUBLISHED . ACCORDING TO THE STAFF REGULATIONS THE BASIC FUNCTION OF THE NOTICE OF COMPETITION IS PRECISELY TO GIVE THOSE INTERESTED THE MOST ACCURATE INFORMATION POSSIBLE ABOUT THE CONDITIONS OF ELIGIBILITY FOR THE POST TO ENABLE THEM TO JUDGE WHETHER THEY SHOULD APPLY FOR IT .

WHERE EVEN A CAREFUL READING OF THE NOTICE DOES NOT ENABLE THOSE INTERESTED TO LEARN THAT IT LAYS DOWN A SPECIFIC REQUIREMENT , IN SO FAR AS IT DOES NOT REFER TO IT EXPRESSLY , THE SELECTION BOARD ' S DECISION NOT TO ADMIT A CANDIDATE ON THE GROUND THAT HE FAILS TO FULFIL THAT REQUIREMENT CONSTITUTES A BREACH OF THE FIRST PARAGRAPH OF ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PROOF OF FAILURE - NON-COMPLIANCE WITH THE OBLIGATION TO PROVIDE INFORMATION IMPOSED BY A DIRECTIVE - PRESUMPTION OF NON-IMPLEMENTATION OF THE DIRECTIVE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

2 . MEASURES ADOPTED BY THE INSTITUTION - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATE - ADOPTION OF BINDING NATIONAL PROVISIONS - IMPLEMENTATION BY WAY OF ADMINISTRATIVE PRACTICES - INADEQUACY

( EEC TREATY , ART . 169 )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 169 OF THE EEC TREATY FOR FAILURE TO FULFIL AN OBLIGATION IT IS INCUMBENT UPON THE COMMISSION TO PROVE THE ALLEGATION THAT THE OBLIGATION HAS NOT BEEN FULFILLED . IT IS THE COMMISSION ' S RESPONSIBILITY TO PLACE BEFORE THE COURT THE INFORMATION NEEDED TO ENABLE THE COURT TO ESTABLISH THAT THE OBLIGATION HAS NOT BEEN FULFILLED , AND IN SO DOING THE COMMISSION MAY NOT RELY ON ANY PRESUMPTION .

IF A DIRECTIVE IMPOSES ON THE MEMBER STATES THE OBLIGATION TO INFORM THE COMMISSION ABOUT THE BRINGING INTO FORCE OF THE NATIONAL PROVISIONS NEEDED TO COMPLY WITH THE DIRECTIVE , THE FAILURE OF A MEMBER STATE TO FULFIL THAT OBLIGATION , WHETHER BY PROVIDING NO INFORMATION AT ALL OR BY PROVIDING INSUFFICIENTLY CLEAR AND PRECISE INFORMATION , MAY OF ITSELF JUSTIFY RECOURSE TO THE PROCEDURE UNDER ARTICLE 169 OF THE EEC TREATY IN ORDER TO ESTABLISH THE FAILURE TO FULFIL THE OBLIGATION , BUT IT DOES NOT ENTITLE THE COMMISSION TO PRESUME THAT THE OBLIGATION TO BRING INTO FORCE THE MEASURES FOR IMPLEMENTING THE DIRECTIVE HAS NOT BEEN FULFILLED .

2.ALTHOUGH EACH MEMBER STATE IS FREE TO DELEGATE POWERS TO ITS DOMESTIC AUTHORITIES AS IT CONSIDERS FIT AND TO IMPLEMENT THE DIRECTIVE BY MEANS OF MEASURES ADOPTED BY REGIONAL OR LOCAL AUTHORITIES , IT MAY NOT HOWEVER BE RELEASED FROM THE OBLIGATION TO GIVE EFFECT TO THE PROVISIONS OF THE DIRECTIVE BY MEANS OF NATIONAL PROVISIONS OF A BINDING NATURE . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE ALTERED AT THE WHIM OF THE ADMINISTRATION , MAY NOT BE CONSIDERED AS CONSTITUTING THE PROPER FULFILMENT OF THE OBLIGATION DERIVING FROM THE DIRECTIVE IN QUESTION .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - HEADING 10.04 AND SUBHEADINGS 11.02 B I ( A ) 2 ( AA ) AND 11.02 B I ( A ) 2 ( BB ) - CLASSIFICATION OF OAT GRAINS - CRITERIA

Summary

1 . OAT GRAINS WHOSE TIPS HAVE BEEN BROKEN OFF MUST BE CLASSIFIED UNDER SUBHEADING 11.02 B I ( A ) 2 ( AA ) OF THE COMMON CUSTOMS TARIFF .

2 . A CONSIGNMENT OF OATS CONSISTING PARTLY OF CLIPPED AND PARTLY OF UNCLIPPED GRAINS MUST BE CLASSIFIED UNDER SUBHEADING 11.02 B I ( A ) 2 ( AA ) IF THE CLIPPED GRAINS EXCEED 50% BY WEIGHT OF THE TOTAL CONSIGNMENT ; A CONSIGNMENT OF OATS CONSISTING PARTLY OF CLIPPED GRAINS , PARTLY OF UNCLIPPED GRAINS AND PARTLY OF BROKEN-OFF TIPS MUST BE CLASSIFIED UNDER HEADING 10.04 OF THE COMMON CUSTOMS TARIFF IF THE QUANTITY OF BROKEN-OFF TIPS IS NOT NEGLIGIBLE IN RELATION TO THAT OF THE CLIPPED GRAINS .

3 . OAT GRAINS WHICH HAVE MERELY BEEN CLIPPED MUST BE CLASSIFIED UNDER SUBHEADING 11.02 B I ( A ) 2 ( AA ); OAT GRAINS WHICH HAVE UNDERGONE MORE EXTENSIVE HULLING MUST BE CLASSIFIED UNDER SUBHEADING 11.02 B I ( A ) 2 ( BB ).
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SOCIAL POLICY - APPROXIMATION OF LAWS - COLLECTIVE REDUNDANCIES - DIRECTIVE 75/129/EEC - PURPOSE - POWERS OF THE MEMBER STATES

( EEC TREATY , ART . 117 ; COUNCIL DIRECTIVE 75/129/EEC )

Summary

DIRECTIVE 75/129 , WHICH THE COUNCIL CONSIDERS CORRESPONDS TO THE NEED , STATED IN ARTICLE 117 OF THE TREATY , TO PROMOTE IMPROVED WORKING CONDITIONS AND AN IMPROVED STANDARD OF LIVING FOR WORKERS , IS INTENDED TO APPROXIMATE THE PROVISIONS LAID DOWN IN THIS FIELD BY THE MEMBER STATES BY LAW , REGULATION OR ADMINIS TRATIVE ACTION RELATING TO COLLECTIVE REDUNDANCIES . THE PROVISIONS OF THE DIRECTIVE ARE THUS INTENDED TO SERVE TO ESTABLISH A COMMON BODY OF RULES APPLICABLE IN ALL THE MEMBER STATES , WHILST LEAVING TO THE MEMBER STATES POWER TO APPLY OR INTRODUCE PROVISIONS WHICH ARE MORE FAVOURABLE TO WORKERS .
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1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' TEXTILE FABRICS IMPREGNATED , COATED , COVERED OR LAMINATED ' ' WITHIN THE MEANING OF HEADING 59.08 - TREATMENT WHICH CAN ' ' BE SEEN WITH THE NAKED EYE ' ' WITHIN THE MEANING OF NOTE 2 ( A ) ( A ) TO CHAPTER 59 - CONCEPT .

2 . COMMON CUSTOMS TRARIFF - APPLICATION - POWER OF MEMBER STATES - DESIGNATION OF THE AUTHORITIES RESPONSIBLE FOR THE TARIFF CLASSIFICATION OF PRODUCTS .

3 . COMMUNITY LAW - APPLICATION - DIFFICULTIES - NO EFFECT UPON THE VALIDITY OF THE PROVISION IN QUESTION .

Summary

1 . THE EXPRESSION ' ' CAN BE SEEN WITH THE NAKED EYE ' ' IN NOTE 2 ( A ) ( A ) TO CHAPTER 59 OF THE COMMON CUSTOMS TARIFF IS TO BE INTERPRETED AS MEANING THAT THE IMPREGNATION , COATING OR COVERING OF THE FABRIC MUST BE DIRECTLY VISIBLE UPON SIMPLE VISUAL EXAMINATION . THE WORDING OF THE NOTE DOES NOT ALLOW THE INFERENCE TO BE DRAWN FROM THE STIFFNESS OF A FABRIC THAT IT HAS RECEIVED SUCH TREATMENT .

2 . ALTHOUGH THE COMMON CUSTOMS TARIFF CONSTITUTES A MEASURE OF COMMUNITY LAW TO BE INTERPRETED UNIFORMLY IN ALL MEMBER STATES , ITS APPLICATION IS ENTRUSTED TO THE STATES . ACCORDINGLY IT IS FOR THE MEMBER STATES TO DESIGNATE THE AUTHORITIES AND PERSONS REQUIRED TO UNDERTAKE THE TARIFF CLASSIFICATION OF PRODUCTS AND TO DECIDE THEIR TRAINING IN ORDER TO ENABLE THEM PROPERLY TO FULFIL SUCH TASKS .

3 . ALTHOUGH DIFFICULTIES CAUSED BY THE APPLICATION OF A COMMUNITY PROVISION MAY BE RELEVANT TO ITS INTERPRETATION THEY ARE NOT OF SUCH A NATURE AS TO CALL ITS VALIDITY IN QUESTION .