ddrg/super_eurlex huggingface dataset:
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING - APPLICATION - CONDITIONS

( REGULATIONS OF THE COUNCIL NOS 574/72 , ART . 10 ( 1 ) ( A ), AND 1408/71 , ART . 73 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING - PURPOSIVE INTERPRETATION - APPLICATION TO THE DIVORCED SPOUSE

( REGULATIONS OF THE COUNCIL NOS 574/72 , SECOND SENTENCE OF ART . 10 ( 1 ) ( A ), AND 1408/71 , ART . 76 )

3 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

Summary

1 . THE PROVISION FOR SUSPENSION CON- TAINED IN THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 OF THE COUNCIL OF 21 MARCH 1972 MUST BE INTERPRETED AS MEANING THAT IT APPLIES WHENEVER THE INSTITUTION OF ANOTHER MEMBER STATE HAS IN FACT GRANTED FAMILY BENEFITS TO A WORKER IN RESPECT OF THE SAME CHILD , IN PURSUANCE OF ARTICLE 73 OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 , WITHOUT ITS BEING NECESSARY TO EXAMINE WHETHER ALL THE CONDITIONS FOR THE GRANTING OF THOSE BENEFITS ARE SATISFIED UNDER THE LEGISLATION OF THAT OTHER MEMBER STATE .

2 . THE SECOND SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 , LIKE ARTICLE 76 OF REGULATION NO 1408/71 , SEEKS TO GIVE PRIORITY , IN A CASE OF OVERLAPPING FAMILY BENEFITS , TO THE BENEFITS OF THE MEMBER STATE IN THE TERRITORY OF WHICH THE CHILDREN RESIDE AND IN WHICH ONE OF THE RECIPIENTS IN QUESTION PURSUES A PROFESSIONAL OR TRADE ACTIVITY . THE PROBLEM OF OVERLAPPING BENEFITS WHICH THE PROVISION IN QUESTION IS INTENDED TO RESOLVE IS NOT TO BE ANSWERED DIFFERENTLY ACCORDING TO WHETHER OR NOT THE MARRIAGE BOND STILL EXISTS BETWEEN THE TWO PARENTS WHO MIGHT , DEPENDING ON THE CASE , BE ENTITLED TO BENEFITS IN RESPECT OF THE SAME CHILD . IN VIEW OF THE PURPOSE OF THAT PROVISION , IT SHOULD NOT BE INTERPRETED IN A RESTRICTIVE MANNER BUT AS MEANING THAT IT APPLIES TO A DIVORCED SPOUSE .

3 . THE TASK ASSIGNED TO THE COURT BY ARTICLE 177 OF THE EEC TREATY IS NOT THAT OF DELIVERING OPINIONS ON GENERAL OR HYPOTHETICAL QUESTIONS BUT OF ASSISTING IN THE ADMINISTRATION OF JUSTICE IN THE MEMBER STATES .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - ACQUISITION OF THE RIGHT TO BENEFITS - CONDITIONS - TAKING INTO ACCOUNT OF THE PERIOD OF RESIDENCE IN A MEMBER STATE - MEMBER STATES EMPOWERED SO TO ACT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 48 ( 1 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - ACQUISITION OF THE RIGHT TO BENEFITS - CONDITIONS - COMPLETION OF THE MINIMUM QUALIFYING PERIOD SPECIFIED BY NATIONAL LAW - WHETHER THE RIGHT TO BENEFIT IS DEPENDENT ON THE WORKER ' S BEING INSURED AT THE TIME AT WHICH THE RISK MATERIALIZES - NOT DEPENDENT THEREON

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 48 ( 1 ))

Summary

1 . FOR THE PURPOSES OF ARTICLE 48 ( 1 ) OF REGULATION NO 1408/71 , THE DURATION OF RESIDENCE IN A MEMBER STATE IS TO BE TAKEN INTO ACCOUNT ONLY IF THE LEGISLATION OF THAT MEMBER STATE MAKES THE COMPLETION OF PERIODS OF RESIDENCE A CONDITION FOR ENTITLEMENT TO INVALIDITY BENEFIT .

2 . ARTICLE 48 ( 1 ) OF REGULATION NO 1408/71 IS TO BE INTERPRETED AS MEANING THAT EVEN IF THE WORKER HAS NOT COMPLETED A PERIOD OF INSURANCE OF ONE YEAR IN A MEMBER STATE , THE COMPETENT INSTITUTION OF THAT MEMBER STATE IS BOUND TO AWARD HIM INVALIDITY BENEFITS IF THE WORKER HAS COMPLETED THE MINIMUM QUALIFYING PERIOD SPECIFIED AS A CONDITION FOR ELIGIBILITY BY NATIONAL LAW . IF THE WORKER HAS COMPLETED THE MINIMUM QUALIFYING PERIOD THE COMPETENT INSTITUTION MAY NOT REFUSE HIM BENEFIT ON THE GROUND THAT A PROVISION IN NATIONAL LAW MAKES THE RIGHT TO BENEFIT DEPENDENT UPON THE WORKER ' S BEING INSURED IN THAT MEMBER STATE AT THE TIME AT WHICH THE RISK MATERIALIZES .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - PRODUCTS PROCESSED FROM CEREALS AND RICE - EXPORT REFUNDS - AMOUNT OF THE REFUND SUBJECT TO ADJUSTMENT - APPLICATION OF DIFFERENT COEFFICIENTS TO THE REFUND AND TO THE ADJUSTMENT - REGULATIONS NOS 851/79 AND 1309/79 - VALIDITY

( REGULATION NO 2744/75 OF THE COUNCIL , ART . 6 AND ANNEX I ; COMMISSION REGULATIONS NOS 851/79 AND 1309/79 )

Summary

FOR THE PURPOSE OF FIXING THE EXPORT REFUND ON FLAKED BARLEY , THE APPLICATION , UNDER REGULATIONS NOS 851/79 AND 1309/79 OF A COEFFICIENT LOWER THAN THAT APPLICABLE TO THE ADJUSTMENT TO WHICH THAT REFUND IS SUBJECT DERIVES FROM THE LEGITIMATE EXERCISE BY THE COMMISSION OF THE DISCRETIONARY POWER RESERVED TO IT BY ARTICLE 6 OF REGULATION NO 2744/75 ON THE IMPORT AND EXPORT SYSTEM FOR PRODUCTS PROCESSED FROM CEREALS AND FROM RICE . THERE IS NO ILLOGICALITY IN THE FACT THAT UNDER THE SYSTEM SET UP BY THAT REGULATION TWO DIFFERENT COEFFICIENTS ARE APPLIED FOR THE CALCULATION OF THE SAME REFUND , ACCORDING TO WHETHER THE CALCULATION RELATES TO THE REFUND ITSELF OR TO THE ADJUSTMENT THEREOF . REGULATION NO 2744/75 EXPRESSLY REQUIRES THAT THE COEFFICIENT CONTAINED IN ANNEX I BE APPLIED TO THE ADJUSTMENT , WHEREAS IT PERMITS THAT SAME COEFFICIENT TO BE AMENDED FOR THE PURPOSE OF FIXING THE REFUND ITSELF , IN THE LIGHT OF THE FACTORS REFERRED TO IN ARTICLE 6 .
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MEASURES ADOPTED BY INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES

( EEC TREATY , THIRD PARAGRAPH OF ART . 189 )

Summary

MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE ALTERED AT THE WHIM OF THE AUTHORITIES AND LACK THE APPROPRIATE PUBLICITY , CANNOT BE REGARDED AS A VALID FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 189 OF THE TREATY ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .
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AGRICULTURE - HARMONIZATION OF LAWS - DIRECTIVE NO 77/504 - SEMEN INTENDED FOR THE ARTIFICIAL INSEMINATION OF CATTLE - INTRA-COMMUNITY TRADE - POWERS OF MEMBER STATES - GRANTS OF IMPORT LICENCES SUBJECT TO OBSERVANCE OF ZOOTECHNICAL RULES APPLICABLE TO SEMEN OF NATIONAL ORIGIN - PERMISSIBILITY

( COUNCIL DIRECTIVE NO 77/504 , ARTS . 2 AND 3 )

Summary

A MEMBER STATE DOES NOT INFRINGE DIRECTIVE NO 77/504 ON PURE BRED ANIMALS OF THE BOVINE SPECIES BY SUBJECTING THE GRANT OF IMPORT LICENCES FOR SEMEN INTENDED FOR THE ARTIFICIAL INSEMINATION OF CATTLE TO THE ZOOTECHNI- CAL REQUIREMENTS PROVIDED FOR BY ITS LEGISLATION AND APPLICABLE WITHOUT DISTINCTION TO IMPORTED SEMEN AND THAT PRODUCED IN THE NATIONAL TERRITORY . IT FOLLOWS FROM ARTICLE 3 OF THE DIRECTIVE IN QUESTION THAT THE DIRECTIVE ACCEPTS THE DIVERSITY OF THE EXISTING RULES AND IN THE EVENT OF INTRA-COMMUNITY TRADE ALLOWS THE RULES APPLICABLE TO THE USE OF SEMEN IN THE STATE IN WHICH THE SEMEN IS TO BE USED TO PREVAIL .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - SCOPE - INDIVIDUAL ECSC DECISION IMPOSING A FINE FOR EXCEEDING PRODUCTION QUOTAS

( ECSC TREATY , ART . 58 ( 4 ); GENERAL DECISION NO 2794/80 , ART . 9 )

2 . ECSC - SYSTEM OF STEEL PRODUCTION QUOTAS - GENERAL DECISION NO 2794/80 - QUARTERLY NATURE OF QUOTAS - EXCEEDING QUOTAS IN A PARTICULAR QUARTER - LIABILITY OF THE PRODUCER - FACTS JUSTIFYING - NORMAL BUSINESS RISKS - REDUCTION OF THE PRODUCTION IN A SUBSEQUENT QUARTER - NO EFFECT

( ECSC TREATY , ART . 58 ; GENERAL DECISION NO 2794/80 )

Summary

1 . THE COMMISSION , IN IMPLEMENTING ARTICLE 58 ( 4 ) OF THE ECSC TREATY BY THE FIRST PARAGRAPH OF ARTICLE 9 OF THE GENERAL DECISION NO 2974/80 ACCORDING TO WHICH THE FINE TO BE IMPOSED IN THE EVENT OF THE PRODUCTION QUOTAS BEING EXCEEDED IS GENERALLY TO BE 75 ECU PER TONNE OF EXCESS PRODUCTION , HAS VALIDLY EXERCISED ITS DISCRETION . AS A RESULT NO SPECIFIC STATEMENT OF REASONS IN RELATION TO THE RATE OF THE FINE IS NECESSARY EXCEPT IN EXCEPTIONAL CASES IN WHICH THE COMMISSION APPLIES A RATE OTHER THAN THE NORMAL RATE .

2 . SINCE THE RISK OF NOT OBSERVING PRODUCTION QUOTAS FIXED ON THE BASIS OF THE GENERAL DECISION NO 2794/80 IS NORMALLY BORNE BY THE PRODUCER , HE IS NOT EXONERATED FROM HIS RESPONSI- BILITY WHERE QUOTAS IN A PARTICULAR QUARTER ARE EXCEEDED BECAUSE OF CIRCUMSTANCES FALLING WITHIN THE SPHERE OF NORMAL BUSINESS RISKS SUCH AS THE IRREGULAR PRODUCTION OF A MILL AND THE PROBLEMS CAUSED BY RELATIONS WITH TRADE UNIONS . IN THE SAME WAY A REDUCTION IN THE PRODUCTION FOR A SUBSEQUENT QUARTER IS NOT CAPABLE OF CORRECTING A PREVIOUS IRREGULARITY SINCE THE QUARTERLY PERIOD IS AN ESSENTIAL ELEMENT IN THE QUOTA SYSTEM

ESTABLISHED BY GENERAL DECISION NO 2794/80 .
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ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS - BASIS AND PURPOSE - QUOTA EXCEEDED BY AN UNDERTAKING - NECESSITY - NECESSITY BASED ON THE SERIOUS FINANCIAL DIFFICULTIES OF THE UNDERTAKING - INAPPLICABILITY OF THE PRINCIPLE

( ECSC TREATY , ART . 58 )

Summary

IT IS IMPOSSIBLE TO ENTERTAIN THE CONCEPT OF NECESSITY IN RELATION TO THE QUOTA SYSTEM PROVIDED FOR BY ARTICLE 58 OF THE ECSC TREATY , WHICH IS BASED ON SOLIDARITY BETWEEN ALL COMMUNITY STEEL UNDERTAKINGS IN THE FACE OF A MANIFEST CRISIS AND SEEKS AN EQUITABLE DISTRIBUTION OF THE SACRIFICES ARISING FROM UNAVOIDABLE ECONOMIC CIRCUMSTANCES . NO NECESSITY CONSISTING IN THE CONTINUED EXISTENCE AND PROFITABILITY OF A PARTICULAR UNDERTAKING CAN BE INVOKED AGAINST THE APPLICATION OF THE SYSTEM , WHICH WOULD BE DESTROYED IF EVERY UNDERTAKING COULD , BY INVOKING NECESSITY BECAUSE OF SERIOUS FINANCIAL DIFFICULTIES , EXEMPT ITSELF FROM THE RESTRICTIONS AND EXCEED AT WILL THE PRODUCTION QUOTAS ALLOCATED TO IT . A CHAIN REACTION WOULD SET IN WHICH WOULD LEAD TO THE COLLAPSE OF THE SYSTEM AND THUS COMPROMISE THE PURPOSE OF ARTICLE 58 OF THE ECSC TREATY .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - BENEFITS GRANTED TO A MIGRANT WORKER OR HIS DEPENDANTS UNDER THE LEGISLATION OF A SINGLE MEMBER STATE - APPLICATION OF THE COMMUNITY RULES IN SUCH A WAY AS TO DEPRIVE THE PARTIES CONCERNED OF THE BENEFITS IN QUESTION - NOT PERMISSIBLE

( EEC TREATY , ART . 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - ORPHANS ' BENEFITS - BENEFITS PAID BY THE STATE OF RESIDENCE - BENEFITS LOWER THAN THOSE PAYABLE UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ALONE - ENTITLEMENT TO THE HIGHER AMOUNT - ENTITLEMENT TO A SUPPLEMENT TO THE BENEFIT

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS 77 AND 78 )

Summary

1 . THE AIM OF ARTICLE 51 OF THE TREATY WOULD NOT BE ACHIEVED IF , AS A RESULT OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE SOCIAL SECURITY ADVANTAGES GUARANTEED TO THEM , IN ANY EVENT , BY THE LEGISLATION OF A SINGLE MEMBER STATE . CONSEQUENTLY THE COMMUNITY RULES ON SOCIAL SECURITY CANNOT , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF BENEFITS GRANTED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE .

2.ARTICLES 77 AND 78 OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT , WHERE A DECEASED FATHER HAS BEEN SUBJECT TO THE LEGISLATION OF MORE THAN ONE MEMBER STATE , ENTITLEMENT TO AN ORPHAN ' S PENSION ACQUIRED UNDER THE LEGISLATION OF THE MEMBER STATE WHICH IS COMPETENT ACCORDING TO THOSE PROVISIONS DOES NOT EXTINGUISH ENTITLEMENT TO HIGHER ORPHANS ' BENEFITS UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ALONE . WHERE THE AMOUNT OF THE BENEFITS ACTUALLY RECEIVED IN THE FIRST MEMBER STATE IS LESS THAN THAT OF THE BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE OTHER MEMBER STATE ALONE , THE ORPHAN IS ENTITLED TO A SUPPLEMENT FROM THE COMPETENT INSTITUTION OF THE LATTER STATE EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
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1 . AGRICULTURE - APPROXIMATION OF LAWS ON ANIMAL HEALTH - FRESH POULTRYMEAT - INTRA-COMMUNITY TRADE - POWERS OF MEMBER STATES - CONDITIONS AND LIMITS

( EEC TREATY , ARTS 30 AND 36 ; COUNCIL DIRECTIVE 71/118 , ART . 11 ( 1 ))

2 . FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF ANIMAL HEALTH - IMPORT LICENSING SYSTEM - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 36 )

Summary

1 . ARTICLE 11 ( 1 ) OF DIRECTIVE 71/118 MUST BE UNDERSTOOD AS LEAVING THE MEMBER STATES POWER TO LAY DOWN HEALTH CONTROL PROVISIONS FOR FRESH POULTRYMEAT , PENDING THE ADOPTION OF COMMUNITY MEASURES . THAT PROVISION CANNOT HAVE THE EFFECT OF RELIEVING MEMBER STATES OF THEIR OBLIGATION TO COMPLY WITH THE PROHIBITIONS LAID DOWN IN ARTICLES 30 AND 36 OF THE TREATY IN THE FIELD WHICH IT COVERS .

2.THE REPLY TO THE QUESTION WHETHER OR NOT NATIONAL MEASURES ON ANIMAL HEALTH MAY INCLUDE AN IMPORT LICENSING SYSTEM WITHOUT INFRINGING ARTICLE 36 OF THE TREATY DEPENDS UPON THE RELATIONSHIP IN AN INDIVIDUAL CASE BETWEEN , ON THE ONE HAND , THE INCONVENIENCE CAUSED BY THE ADMINISTRATIVE AND FINANCIAL BURDENS IMPOSED UNDER SUCH A SYSTEM AND , ON THE OTHER HAND , THE DANGERS AND RISKS FOR ANIMAL HEALTH RESULTING FROM THE IMPORTS IN QUESTION .
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1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - COMPATIBILITY OF NATIONAL MEASURES WITH COMMUNITY LAW - CONSIDERATION BY THE COMMISSION - DUTY TO TAKE ACTION WITHIN A GIVEN PERIOD - NONE

( EEC TREATY , ART . 169 )

2.TAXATION PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAXES - COMMON SYSTEM OF VALUE ADDED TAX - BASIS OF ASSESSMENT - NATIONAL DEROGATIONS - LIMITS

( SIXTH COUNCIL DIRECTIVE ( 77/388/EEC ), ARTS 11 AND 27 ( 1 ) AND ( 5 ))

Summary

1 . AS A GENERAL RULE THE COMMISSION IS NOT OBLIGED TO OBSERVE ANY GIVEN TIME-LIMITS WHEN CONSIDERING THE COMPATIBILITY OF NATIONAL MEASURES WITH COMMUNITY LAW AND APPLYING ARTICLE 169 OF THE TREATY

2.THE SPECIAL MEASURES WHICH MEMBER STATES MAY RETAIN , BY VIRTUE OF ARTICLE 27 ( 1 ) AND ( 5 ) OF THE SIXTH COUNCIL DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES , IN ORDER TO PREVENT CERTAIN TYPES OF TAX EVASION OR AVOIDANCE MAY NOT IN PRINCIPLE DEROGATE FROM THE BASIS FOR CHARGING VALUE ADDED TAX LAID DOWN IN ARTICLE 11 , EXCEPT WITHIN THE LIMITS STRICTLY NECESSARY FOR ACHIEVING THAT AIM .

NATIONAL LEGISLATION WHICH PROVIDES THAT THE MINIMUM BASIS OF ASSESSMENT FOR THE SALE OF NEW CARS IS NOT TO BE LOWER THAN THE CATALOGUE PRICE IN FORCE AT THE TIME WHEN THE TAX FALLS DUE AND WHICH THEREFORE EXCLUDES FROM CONSIDERATION ANY FORM OF PRICE DISCOUNT OR REBATE ENTAILS SUCH A COMPLETE AND GENERAL AMENDMENT OF THE BASIS OF ASSESSMENT THAT IT IS IMPOSSIBLE TO ACCEPT THAT IT CONTAINS ONLY THE DEROGATIONS NEEDED TO AVOID THE RISK OF TAX EVASION OR AVOIDANCE .
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1 . OBJECTION OF ILLEGALITY - MEASURES OF WHICH THE ILLEGALITY MAY BE PLEADED - INDIVIDUAL DECISIONS - EXCLUSION

( ECSC TREATY , ART . 36 , THIRD PARA ,)

2 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - EXCEEDING OF QUOTAS - ORDER FROM A NON-MEMBER COUNTRY - UNCERTAINTY ABOUT THE INCLUSION IN THE QUOTA SYSTEM OF THE PRODUCTS AT ISSUE - INCLUSION DECIDED LATER - FACTS IN JUSTIFICATION - NONE

( ECSC TREATY , ART . 58 ; GENERAL DECISIONS NO 1831/81 AND NO 1832/81 )
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1 . FISHERIES - CONSERVATION OF RESOURCES OF THE SEA - EXCLUSIVE POWERS OF THE COMMUNITY - NON-EXERCISE THEREOF - ADOPTION OF CONSERVATION MEASURES BY THE MEMBER STATES - CONDITIONS - OBLIGATION TO CONSULT THE COMMISSION

( ACT OF ACCESSION , ART . 102 ; COUNCIL RESOLUTION OF 3 NOVEMBER 1976 , ANNEX VI ; COUNCIL DECLARATION OF 31 JANUARY 1978 )

2.FISHERIES - CONSERVATION OF RESOURCES OF THE SEA - NATIONAL CONSERVATION MEASURES - MEASURE ADOPTED IN CONFORMITY WITH COMMUNITY LAW - RE-ENACTMENT WITHOUT SUBSTANTIVE AMENDMENT - OBLIGATION TO CONSULT THE COMMISSION AGAIN - NONE

Summary

1 . BY VIRTUE OF ARTICLE 102 OF THE ACT OF ACCESSION , THE POWER TO ADOPT MEASURES FOR THE PROTECTION OF THE BIOLOGICAL RESOURCES OF THE SEA HAS SINCE 1 JANUARY 1979 BEEN VESTED EXCLUSIVELY IN THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION .

ALTHOUGH THE MEMBER STATES MAY , IN THE CASE OF INACTION BY THE COUNCIL , BRING INTO FORCE INTERIM CONSERVATION MEASURES , THEY MUST COMPLY WITH THE PROCEDURAL AND SUBSTANTIVE CONDITIONS LAID DOWN BY THE COUNCIL IN ANNEX VI TO THE HAGUE RESOLUTION OF 3 NOVEMBER 1976 WHICH WERE CONFIRMED BY THE COUNCIL DECLARATION OF 31 JANUARY 1978 .

IT FOLLOWS FROM THE TERMS OF THE ABOVE-MENTIONED RESOLUTION AND DECLARATION , TAKEN TOGETHER , THAT AS REGARDS THE PROCEDURAL RULES THE MEMBER STATE CONCERNED MUST NOT BRING NATIONAL CONSERVATION MEASURES INTO FORCE UNTIL IT HAS SOUGHT IN GOOD FAITH THE APPROVAL OF THE COMMISSION , WHICH HAS TO BE CONSULTED AT ALL STAGES OF THE PROCEDURE .

2.NO FRESH CONSULTATION OF THE COMMISSION IS REQUIRED IN THE CASE OF THE RE-ENACTMENT , WITHOUT SUBSTANTIVE AMENDMENT , OF A NATIONAL MEASURE FOR THE CONSERVATION OF FISHERY RESOURCES WHICH WAS PREVIOUSLY ADOPTED IN CONFORMITY WITH THE PROCEDURAL AND SUBSTANTIVE CONDITIONS LAID DOWN BY COMMUNITY LAW .

THE NOTIFICATION OF NEW NATIONAL MEASURES NEVERTHELESS CONTINUES TO BE NECESSARY , IN ORDER THAT THE COMMISSION MAY BE ACCURATELY INFORMED OF THE STATE OF THE LAW IN FORCE IN THE VARIOUS MEMBER STATES .
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1 . OFFICIALS - RECRUITMENT - OBLIGATION OF THE ADMINISTRATION TO FILL A POST WHICH HAS BECOME VACANT - NONE

( STAFF REGULATIONS , ARTS 4 AND 29 )

2.OFFICIALS - DECISIONS ADVERSELY AFFECTING AN OFFICIAL - STATEMENT OF REASONS - OBLIGATION - PURPOSE - SCOPE - ASSESSMENT WITH REGARD TO MEASURES FOR ORGANIZATION OF THE SERVICE

( STAFF REGULATIONS , ART . 25 )

Summary

1 . THE PROVISIONS OF THE STAFF REGULATIONS REGARDING THE FILLING OF VACANT POSTS ARE INTENDED TO PROVIDE A GUARANTEE FOR CANDIDATES THAT THE APPOINTING AUTHORITY WILL MAKE APPOINTMENTS ONLY IN CONFORMITY WITH THE RULES PRESCRIBED BY LAW . HOWEVER , IT DOES NOT FOLLOW FROM THOSE PROVISIONS THAT ONCE A RECRUITMENT PROCEDURE HAS BEEN INITIATED THE SAID AUTHORITY IS NECESSARILY OBLIGED TO PURSUE IT BY FILLING THE POST WHICH HAS BECOME VACANT .

2.THE STATEMENT OF THE REASONS ON WHICH A DECISION ADVERSELY AFFECTING AN OFFICIAL IS BASED MUST ENABLE THE COURT TO REVIEW THE LEGALITY THEREOF AND MUST PROVIDE THE PERSON CONCERNED WITH DETAILS SUFFICIENT TO ALLOW HIM TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL FOUNDED . THE REQUIREMENT OF A STATEMENT OF REASONS MUST NEVERTHELESS BE CONSIDERED IN THE CONTEXT OF THE CIRCUMSTANCES OF THE CASE , PARTICULARLY THE SCOPE OF THE MEASURE , THE NATURE OF THE REASONS RELIED UPON AND THE INTEREST WHICH THE ADDRESSEE MAY HAVE IN RECEIVING AN EXPLANATION .

PARTICULARLY IN THE CASE OF A MEASURE INVOLVING THE ORGANIZATION OF THE SERVICE , THE OBLIGATION TO GIVE A STATEMENT OF GROUNDS MUST MOREOVER BE RELATED TO THE MARGIN OF DISCRETION AVAILABLE TO THE APPOINTING AUTHORITY IN THIS CONNECTION .
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TRANSPORT - TRANSPORT BY ROAD - SOCIAL LEGISLATION - EXCEPTIONS ALLOWED FOR SPECIFIC TRANSPORT OPERATIONS - ' ' TRANSPORT OF ANIMAL CARCASES OR WASTE NOT INTENDED FOR HUMAN CONSUMPTION ' ' - INTERPRETATION

( REGULATION NO 543/69 OF THE COUNCIL , ART . 14A ( 2 ) ( C ) AS AMENDED BY REGULATIONS NO 515/72 AND NO 2827/77 )

Summary

THE TERM ' ' ANIMAL CARCASES ' ' USED IN ARTICLE 14A ( 2 ) ( C ) OF REGULATION NO 543/69 OF THE COUNCIL ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT , AS AMENDED BY REGULATIONS NO 515/72 AND NO 2827/77 , REFERS SOLELY TO CARCASES WHICH ARE NOT INTENDED FOR HUMAN CONSUMPTION .

THE TERM ' ' ANIMAL . . . WASTE NOT INTENDED FOR HUMAN CONSUMPTION ' ' CONTAINED IN ARTICLE 14A ( 2 ) ( C ) REFERS ONLY TO PARTS OF ANIMALS NOT INTENDED FOR ORAL HUMAN CONSUMPTION .

THE TERM ' ' OPERATIONS . . . FOR THE TRANSPORT OF ANIMAL CARCASES OR WASTE ' ' USED IN ARTICLE 14A ( 2 ) ( C ) REFERS SOLELY TO OPERATIONS IN WHICH ONLY ANIMAL CARCASES AND WASTE NOT INTENDED FOR HUMAN CONSUMPTION ARE TRANSPORTED .
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1 . OBJECTION OF ILLEGALITY - MEASURES THE ILLEGALITY OF WHICH MAY BE PLEADED - INDIVIDUAL DECISIONS - EXCLUSION

( ECSC TREATY , ART . 36 , THIRD PARA .)

2.ECSC - PRODUCTION - STEEL PRODUCTION QUOTA SYSTEM - REQUEST FOR ADJUSTMENT OF QUOTAS - SILENCE OF THE COMMISSION - EFFECTS - TACIT CONSENT - NO

( ECSC TREATY , ART . 58 ; GENERAL DECISION NO 1831/81 , ART . 14 )

Summary

1 . AN APPLICANT MAY NOT , IN AN APPLICATION FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID , RAISE AN OBJECTION OF ILLEGALITY RELATING TO ANOTHER INDIVIDUAL DECISION ADDRESSED TO HIM WHICH HAS BECOME FINAL .

2 . THE SYSTEM OF RESTRICTIONS ON THE PRODUCTION OF STEEL UNDERTAKINGS ALLOWS OF ADJUSTMENTS TO INDIVIDUAL QUOTAS ALLOCATED TO PARTICULAR UNDERTAKINGS ONLY IN EXCEPTIONAL CASES , AND FOR SUCH AN ADJUSTMENT A POSITIVE DECISION GRANTING SUPPLEMENTARY QUOTAS IS INDISPENSABLE . THE COMMISSION ' S FAILURE TO REPLY TO A REQUEST FOR ADJUSTMENT CAN THEREFORE BE TREATED ONLY AS AN IMPLIED DECISION OF REFUSAL AND NOT AS TACIT CONSENT TO AN ADJUSTMENT .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

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 LAID DOWN IN COMMUNITY DIRECTIVES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - OFFSETTING OF STORAGE COSTS - LEVY IMPOSED ON PRODUCERS - OPERATION GIVING RISE TO THE OBLIGATION TO PAY THE LEVY - DISPOSAL OF SUGAR OR SYRUPS PRODUCED - CONCEPT OF DISPOSAL - DEFINITION BY THE COMMISSION - WHETHER PERMISSIBLE

( COMMISSION REGULATION ( EEC ) NO 1998/78 , ART . 12 ( 1 ), SECOND SUBPARA ., UNDER ( D ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - OFFSETTING OF STORAGE COSTS - LEVY IMPOSED ON PRODUCERS - PRODUCTS CONCERNED - SYRUPS PRODUCED PRIOR TO THE CRYSTALLIZING STAGE AND MARKETED IN THEIR NATURAL STATE - CONCEPT

( REGULATION ( EEC ) NO 3330/74 OF THE COUNCIL , ART . 8 ( 1 ), THIRD SUBPARA ., UNDER ( A ), AS AMENDED BY REGULATION ( EEC ) NO 1396/78 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - OFFSETTING OF STORAGE COSTS - LEVY IMPOSED ON PRODUCERS - PRODUCTS CONCERNED - SUGAR PRODUCED - CONCEPT

( REGULATION ( EEC ) NO 3330/74 OF THE COUNCIL , ART . 8 ( 1 ) ( A ), AND COUNCIL REGULATION ( EEC ) NO 1358/77 , ART . 6 ( 4 ))

Summary

1 . IN ITS LEGISLATION CONTAINING DETAILED RULES FOR THE IMPLEMENTATION OF THE SYSTEM FOR OFFSETTING STORAGE COSTS FOR SUGAR , THE COMMISSION WAS JUSTIFIED IN INCLUDING IN THE CONCEPT OF ACTUAL DISPOSAL OF THE PRODUCTS IN QUESTION CERTAIN OPERATIONS WHICH PRODUCE AN EQUIVALENT EFFECT IN RELATION TO THE SYSTEM FOR OFFSETTING STORAGE COSTS , IN THIS CASE THE PROCESSING OF THE SUGAR OR SYRUPS INTO PRODUCTS WHICH DO NOT FALL WITHIN HEADING NO 17.01 OF THE COMMON CUSTOMS TARIFF AND ARE NOT SUBJECT TOT THE LEVY .

2 . THE PHRASE ' ' SYRUPS PRODUCED PRIOR TO THE CRYSTALLIZING STAGE AND MARKETED IN THEIR NATURAL STATE ' ' WITHIN THE MEANING OF THE THIRD SUBPARAGRAPH , UNDER ( A ), OF ARTICLE 8 ( 1 ) OF REGULATION NO 3330/74 MUST BE INTERPRETED AS NOT INCLUDING SYRUPS WHICH , DURING THE MANUFACTURING PROCESS , ARE PRODUCED FROM SUGARS WHICH HAVE BEEN DISSOLVED BY THE ADDITION OF WATER AS A FIRST STAGE TOWARDS THE PRODUCTION OF INVERT SUGAR .

3 . THE PHRASES ' ' SUGAR PRODUCED ' ' WITHIN THE MEANING OF THE FIRST INDENT , UNDER ( A ), OF THE THIRD SUBPARAGRAPH OF ARTICLE 8 ( 1 ) OF REGULATION NO 3330/74 OF THE COUNCIL AND ' ' WHITE . . . SUGAR . . . PRODUCED AND MARKETED ' ' WITHIN THE MEANING OF ARTICLE 6 ( 4 ) OF COUNCIL REGULATION NO 1358/77 MUST BE INTERPRETED AS ALSO INCLUDING A TRANSITIONAL PRODUCT WHICH APPEARS ONLY TEMPORARILY DURING A CONTINUING MANUFACTURING PROCESS , EVEN IF THAT PRODUCT CANNOT BE QUANTIFIED , STORED OR MARKETED WITHOUT FURTHER TREATMENT , AND WHETHER OR NOT THAT PRODUCT , IN THE SAME STATE , MAY QUALIFY FOR REIMBURSEMENT OF STORAGE COSTS .