ddrg/super_eurlex huggingface dataset:
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Keywords

1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - MACHINES AND APPLIANCES MADE UP OF DIFFERENT COMPONENTS - ' FUNCTIONAL UNIT ' WITHIN THE MEANING OF THE CUSTOMS COOPERATION COUNCIL ' S EXPLANATORY NOTES - DEFINITION

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - ' GOODS PUT UP IN SETS ' WITHIN THE MEANING OF GENERAL RULE A 3 ( B ) - DEFINITION

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' RADIO-BROADCASTING RECEPTION APPARATUS ' WITHIN THE MEANING OF HEADING NO 85.15 - COMBINED TUNER , RECORD-PLAYER AND CASSETTE RECORDER IMPORTED TOGETHER WITH LOUDSPEAKERS - CONDITIONS FOR CLASSIFICATION UNDER THAT HEADING

Summary

1 . THE FACT THAT GOODS ARE INTENDED , OR ARE EVEN SPECIFICALLY DESIGNED , TO BE USED TOGETHER AND THAT THEY ARE PRESENTED FOR CUSTOMS CLEARANCE TOGETHER IN THE SAME PACKAGE IS NOT A SUFFICIENT REASON FOR CLASSIFYING THEM AS A FUNCTIONAL UNIT WITHIN THE MEANING OF THE CUSTOMS COOPERATION COUNCIL ' S EXPLANATORY NOTES , IF THEY CAN BE USED SEPARATELY .

THE FUNCTIONAL UNIT PRINCIPLE IS INTENDED TO ALLOW CLASSIFICATION UNDER A GIVEN HEADING OF MACHINES AND APPLIANCES MADE UP OF COMPONENTS FALLING UNDER SEVERAL TARIFF HEADINGS , IN CASES WHERE THOSE COMPONENTS AS A WHOLE ARE INTENDED TO PERFORM THE SINGLE CLEARLY-DEFINED FUNCTION REFERRED TO IN THE TARIFF HEADING IN QUESTION . THE PRINCIPLE DOES NOT APPLY WHERE SOME OF THE COMPONENTS MAKING UP A PRODUCT MAY BE USED INDEPENDENTLY OF THE OTHER COMPONENTS AND FOR FUNCTIONS OTHER THAN THOSE WHICH MAY BE PERFORMED BY ALL THE COMPONENTS TOGETHER .

2 . THE EXPRESSION ' GOODS PUT UP IN SETS ' IN GENERAL RULE A 3 ( B ) IMPLIES THAT THE GOODS ARE CLOSELY LINKED FROM THE MARKETING POINT OF VIEW , WITH THE RESULT THAT THEY ARE NOT ONLY PRESENTED TOGETHER FOR CUSTOMS CLEARANCE BUT ARE ALSO NORMALLY SUPPLIED TOGETHER , AT THE VARIOUS MARKETING STAGES AND IN PARTICULAR THE RETAIL STAGE , IN A SINGLE PACKAGE IN ORDER TO SATISFY A DEMAND OR TO PERFORM A SPECIFIC FUNCTION . GENERAL RULE A 3 ( B ) APPLIES ONLY WHERE GOODS ARE PRIMA FACIE CLASSIFIABLE UNDER TWO OR MORE HEADINGS AND CLASSIFICATION IS NOT POSSIBLE UNDER GENERAL RULE A 3 ( A ), THAT IS TO SAY WHERE THERE IS NO SPECIFIC HEADING TAKING PRECEDENCE OVER MORE GENERAL HEADINGS .

3 . A COMBINED TUNER , RECORD-PLAYER AND CASSETTE RECORDER IMPORTED TOGETHER WITH TWO LOUDSPEAKERS INTENDED FOR USE WITH IT CONSTITUTES A SET OF GOODS FALLING UNDER HEADING NO 85.15 OF THE COMMON CUSTOMS TARIFF , WHERE THE GOODS CONCERNED ARE PUT UP IN A SINGLE PACKAGE AND ARE INTENDED TO BE MARKETED TOGETHER IN ORDER TO SATISFY A SPECIFIC DEMAND .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - GRANT OF CREDIT TERMS FAVOURING THE PURCHASE OF DOMESTIC PRODUCTS - PRACTICE AMOUNTING TO A MEASURE HAVING EQUIVALENT EFFECT - INVALID UNDER NATIONAL LAW - IMMATERIAL

( EEC TREATY , ART . 30 )

2 . MEMBER STATES - OBLIGATIONS - SUPERVISORY TASKS ASSIGNED TO THE COMMISSION - DUTY OF MEMBER STATES - COOPERATION IN INQUIRIES INTO WHETHER A MEMBER STATE HAS FAILED TO FULFIL ITS TREATY OBLIGATIONS

( EEC TREATY , ARTS 5 , 155 AND 169 )

Summary

1 . THE ADOPTION BY THE AUTHORITIES OF A MEMBER STATE OF PROVISIONS ENTAILING CREDIT TERMS WHICH FAVOUR THE PURCHASE OF DOMESTIC PRODUCTS IN PREFERENCE TO PRODUCTS IMPORTED FROM OTHER MEMBER STATES CONSTITUTES A MEASURE HAVING EQUIVALENT EFFECT TO QUANTITATIVE RESTRICTIONS . THE FACT THAT SUCH PROVISIONS ARE INVALID UNDER NATIONAL LAW DOES NOT PREVENT THEM FROM BEING INCOMPATIBLE WITH ARTICLE 30 OF THE TREATY , IN SO FAR AS THEIR ADOPTION CREATES AN AMBIGUOUS AND UNCERTAIN SITUATION , TO THE DETRIMENT OF IMPORTED PRODUCTS .

2 . ARTICLE 5 OF THE TREATY PLACES MEMBER STATES UNDER AN OBLIGATION TO FACILITATE THE ACHIEVEMENT OF THE TASKS WHICH THE FIRST INDENT OF ARTICLE 155 ASSIGNED TO THE COMMISSION , NAMELY TO ENSURE THAT THE PROVISIONS OF THE TREATY AND THE MEASURES TAKEN BY THE INSTITUTIONS PURSUANT THERETO ARE APPLIED . MEMBER STATES ARE THEREFORE REQUIRED TO COOPERATE BONA FIDE IN ANY INQUIRY UNDERTAKEN BY THE COMMISSION UNDER ARTICLE 169 , AND TO SUPPLY THE COMMISSION WITH ALL THE INFORMATION REQUESTED TO THAT END .
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1 . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - DISMISSAL - CONCEPT

( COUNCIL DIRECTIVE NO 76/207 , ART . 5 ( 1 ))

2 . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - EXCEPTIONS WITH REGARD TO SOCIAL SECURITY MATTERS - EXCEPTION WITH REGARD TO PENSIONABLE AGE - STRICT INTERPRETATION

( COUNCIL DIRECTIVE NO 76/207 , ART . 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . 7 ( 1)(A ))

3.SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - MASS REDUNDANCY INVOLVING THE GRANT OF AN EARLY RETIREMENT PENSION AT THE SAME AGE FOR ALL EMPLOYEES - NORMAL PENSIONABLE AGE FOR MEN AND WOMEN - DISCRIMINATION - NONE

( COUNCIL DIRECTIVE NO 76/207 , ART . 5 ( 1 ))

Summary

1 . THE TERM ' DISMISSAL ' CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE GIVEN A WIDE MEANING ; AN AGE LIMIT FOR THE COMPULSORY REDUNDANCY OF WORKERS AS PART OF A MASS REDUNDANCY FALLS WITHIN THE TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE REDUNDANCY INVOLVES THE GRANT OF AN EARLY RETIREMENT PENSION .

2 . IN VIEW OF THE FUNDAMENTAL IMPORTANCE OF THE PRINCIPLE OF EQUALITY OF TREATMENT FOR MEN AND WOMEN , ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 ON THE IMPLEMENTATION OF THAT PRINCIPLE AS REGARDS ACCESS TO EMPLOYMENT AND WORKING CONDITIONS , WHICH EXCLUDES SOCIAL SECURITY MATTERS FROM THE SCOPE OF THE DIRECTIVE , MUST BE INTERPRETED STRICTLY . IT FOLLOWS THAT THE EXCEPTION TO THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF SEX PROVIDED FOR IN ARTICLE 7 ( 1)(A ) OF DIRECTIVE NO 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY APPLIES ONLY TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS .

3 . ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A CONTRACTUAL PROVISION WHICH LAYS DOWN A SINGLE AGE FOR THE DISMISSAL OF MEN AND WOMEN UNDER A MASS REDUNDANCY INVOLVING THE GRANT OF AN EARLY RETIREMENT PENSION , WHEREAS THE NORMAL RETIREMENT AGE IS DIFFERENT FOR MEN AND WOMEN , DOES NOT CONSTITUTE DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO COMMUNITY LAW .
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1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION ON A COMPLAINT CONCERNING AN INFRINGEMENT OF COMMUNITY RULES - PROCEDURAL GUARANTEES ACCORDED TO APPLICANT UNDERTAKING - RIGHT OF ACTION

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

2 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION TERMINATING A PROCEDURE INVESTIGATING THE GRANT OF AID - APPLICANT UNDERTAKING - RIGHT OF ACTION - CONDITIONS

( EEC TREATY , ART . 93 ( 2 ) AND ART . 173 , SECOND PARAGRAPH )

Summary

1 . WHERE A REGULATION ACCORDS APPLICANT UNDERTAKINGS PROCEDURAL GUARANTEES ENTITLING THEM TO REQUEST THE COMMISSION TO FIND AN INFRINGEMENT OF COMMUNITY RULES , THOSE UNDERTAKINGS SHOULD BE ABLE TO INSTITUTE PROCEEDINGS IN ORDER TO PROTECT THEIR LEGITIMATE INTERESTS .

2 . IN VIEW OF THE FACT THAT ARTICLE 93 ( 2 ) OF THE EEC TREATY RECOGNIZES IN GENERAL TERMS THAT THE UNDERTAKINGS CONCERNED ARE ENTITLED TO SUBMIT THEIR COMMENTS , THE DECISION WHEREBY THE COMMISSION TERMINATES A PROCEDURE INITIATED UNDER THAT PROVISION IS OF DIRECT AND INDIVIDUAL CONCERN TO THE UNDERTAKINGS WHICH WERE AT THE ORIGIN OF THE COMPLAINT THAT LED TO THE OPENING OF THE PROCEDURE AND WHICH SUBSEQUENTLY PAYED A DECISIVE ROLE IN THE CONDUCT THEREOF , PROVIDED THAT THEIR POSITION ON THE MARKET IS SIGNIFICANTLY AFFECTED BY THE MEASURE GRANTING AID WHICH IS LEFT INTACT AND ALLOWED TO TAKE EFFECT BY THE CONTESTED DECISION .
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1 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - MANDATORY - EXPIRY - RE-OPENING - REQUEST UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - STARTING POINT - REQUEST FOR RECLASSIFICATION - LATE - EXPIRY OF TIME-LIMIT - RE-OPENING - CONDITIONS - NEW FACT

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS ARE MANDATORY AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT , SINCE THEY WERE LAID DOWN WITH A VIEW TO ENSURING CLARITY AND LEGAL CERTAINTY . CONSEQUENTLY , AN OFFICIAL CANNOT ESCAPE THE CONSEQUENCES OF HIS FAILURE TO ACT IN GOOD TIME AND CONTRIVE TO RE-OPEN THE LIMITATION PERIODS BY SUBMITTING A REQUEST TO THE APPOINTING AUTHORITY UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS RATHER THAN A COMPLAINT AGAINST THE DECISION ADVERSELY AFFECTING HIM .

2 . ONCE THE TIME-LIMITS FOR THE COMMENCEMENT OF PROCEEDINGS AGAINST AN ACT ADVERSELY AFFECTING AN OFFICIAL HAVE EXPIRED , HE CANNOT CALL IN QUESTION HIS CLASSIFICATION ON RECRUITMENT UNLESS A NEW CIRCUMSTANCE ARISES WHICH MAKES IT NECESSARY TO RECONSIDER THE SITUATION .

WHERE CLASSIFICATION IS CONCERNED , THE MEASURE ADVERSELY AFFECTING THE OFFICIAL IS THE DECISION APPOINTING HIM AS A PROBATIONARY OFFICIAL .
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Keywords

1 . OFFICIALS - RECRUITMENT - COMPETITIONS - COMPETITION BASED ON QUALIFICATIONS AND TESTS - CONSIDERATION GIVEN TO CANDIDATES ' QUALIFICATIONS FOR THE PURPOSE OF ADMISSION TO THE COMPETITION - LIST OF SUITABLE CANDIDATES DRAWN UP BY REFERENCE SOLELY TO THE RESULTS OF THE TESTS - SUCCESSFUL CANDIDATES CHOSEN FOR APPOINTMENT WITHOUT REGARD TO QUALIFICATIONS - WHETHER LAWFUL

2 . OFFICIALS - RECRUITMENT - COMPETITION - ORDER IN WHICH SUITABLE CANDIDATES ARE LISTED - CHOICE OF SUCCESSFUL CANDIDATES FOR APPOINTMENT - DISCRETION ENJOYED BY THE APPOINTING AUTHORITY - LIMITS - INTERESTS OF THE SERVICE

( STAFF REGULATIONS , ART . 30 )

3 . OFFICIALS - TEMPORARY OCCUPATION OF A POST - SELECTION OF THE OFFICIAL TO BE CALLED UPON TO OCCUPY A POST TEMPORARILY - DISCRETION ENJOYED BY THE APPOINTING AUTHORITY

( STAFF REGULATIONS , ART . 7 ( 2 ))

Summary

1 . WHERE A COMPETITION BASED ON QUALIFICATIONS AND TESTS REQUIRES CANDIDATES ' QUALIFICATIONS TO BE TAKEN INTO ACCOUNT WHEN DECIDING WHETHER TO ADMIT THEM TO THE TESTS , AND CANDIDATES ' NAMES ARE ENTERED ON THE LIST OF SUITABLE CANDIDATES IN ACCORDANCE WITH THE POINTS OBTAINED IN THOSE TESTS , THE APPOINTING AUTHORITY IS JUSTIFIED IN IGNORING THE QUALIFICATIONS OF SUCCESSFUL CANDIDATES WHEN CHOOSING FROM AMONGST THEM , SINCE ACCOUNT HAS ALREADY BEEN TAKEN OF THEM WHEN THE CANDIDATES WERE ADMITTED TO THE COMPETITION

2 . ACCORDING TO ARTICLE 30 OF THE STAFF REGULATIONS THE APPOINTING AUTHORITY ' CHOOSES ' FROM THE LIST OF SUITABLE CANDIDATES YIELDED BY THE COMPETITION THOSE WHOM IT INTENDS TO APPOINT TO THE VACANT POSTS . IT IS ENTITLED IN MAKING ITS SELECTIONS TO IGNORE THE PRECISE ORDER OF MERIT IN THE COMPETITION FOR REASONS WHICH IT IS INCUMBENT UPON IT TO DETERMINE AND TO JUSTIFY BEFORE THE COURT , PROVIDED THAT IT DOES NOT DESTROY THE VERY ESSENCE OF THE COMPETITION BY DEPARTING SUBSTANTIALLY FROM THE RESULTS OF THE COMPETITION WITHOUT SERIOUS REASONS . IT FOLLOWS THAT THE ADMINISTRATION IS NOT IN ALL CIRCUMSTANCES BOUND TO APPOINT THE CANDIDATE PLACED FIRST BUT MAY GIVE PREFERENCE TO ANOTHER CANDIDATE LISTED AS SUITABLE IF IT HAS REASONS FOR DOING SO WHICH SERVE THE INTERESTS OF THE SERVICE .

3 . WHILST THE PERFORMANCE OF DUTIES ON A TEMPORARY BASIS IS INDEED LIABLE TO PLACE THE PERSON PERFORMING THEM AT AN ADVANTAGE WHEN HE PREPARES FOR A SUBSEQUENT COMPETITION DESIGNED TO FILL THE POST PERMANENTLY , THAT FACT CANNOT PREVENT THE ADMINISTRATION FROM FILLING A POST TEMPORARILY , SUBJECT TO THE LIMITS LAID DOWN BY THE STAFF REGULATIONS , BY CALLING UPON THE PERSON WHOM IT CONSIDERS MOST SUITABLE FOR PERFORMING THE DUTIES INVOLVED . ON NO ACCOUNT MAY THE ADMINISTRATION BE OBLIGED TO OFFER ALL POTENTIAL CANDIDATES FOR A SUBSEQUENT COMPETITION THE CHANCE OF OCCUPYING THE POST IN SUCCESSION . SUCH A PROCEDURE WOULD PREVENT THE SERVICE FROM FUNCTIONING WELL .
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Keywords

SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE 77/187 - IMPLEMENTATION BY MEMBER STATES - RELIANCE ON MANAGEMENT AND LABOUR - INADEQUATE

( COUNCIL DIRECTIVE 77/187 , ART . 6 )

Summary

ALTHOUGH THE MEMBER STATES MAY LEAVE THE IMPLEMENTATION OF THE SOCIAL POLICY OBJECTIVES PURSUED BY DIRECTIVE 77/187 , RELATING TO THE SAFEGUARDING OF EMPLOYEES ' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS , IN THE FIRST INSTANCE TO MANAGEMENT AND LABOUR , THAT DOES NOT DISCHARGE THEM FROM THE OBLIGATION OF ENSURING , BY THE APPROPRIATE LAWS , REGULATIONS AND ADMINISTRATIVE MEASURES , THAT ALL WORKERS IN THE COMMUNITY ARE AFFORDED THE FULL PROTECTION PROVIDED FOR IN THE DIRECTIVE . THE STATE GUARANTEE MUST COVER ALL CASES WHERE EFFECTIVE PROTECTION IS NOT ENSURED BY OTHER MEANS , IN PARTICULAR WHERE COLLECTIVE AGREEMENTS COVER ONLY SPECIFIC ECONOMIC SECTORS AND CREATE OBLIGATIONS ONLY BETWEEN MEMBERS OF THE TRADE UNION IN QUESTION AND EMPLOYERS OR UNDERTAKINGS BOUND BY THE AGREEMENTS .
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1 . STATE AID - DEFINITION - AID GRANTED BY REGIONAL OR LOCAL BODIES - INCLUSION - DISTINCTION BETWEEN DIFFERENT KINDS OF AID ON THE BASIS OF THEIR OBJECTIVE - NONE

( EEC TREATY, ART . 92*(1 )*)

2 . STATE AID - COMMISSION DECISION FINDING AN AID PROGRAMME TO BE INCOMPATIBLE WITH THE COMMON MARKET - OBLIGATION TO STATE REASONS - NECESSARY DETAILS

( EEC TREATY, ARTS 92 AND 190 )

3 . STATE AID - PROHIBITION - EXEMPTIONS - AID FOR THE DEVELOPMENT OF PARTICULAR AREAS - DISTINCTION BETWEEN ARTICLE 92*(3)*(A ) AND ARTICLE 92*(3)*(C ) OF THE TREATY

( EEC TREATY, ART . 92*(3)*(A ) AND ( C ))

Summary

1 . ARTICLE 92*(1 ) OF THE TREATY IS DIRECTED AT ALL AID FINANCED FROM PUBLIC RESOURCES . IT FOLLOWS THAT AID GRANTED BY REGIONAL OR LOCAL BODIES OF MEMBER STATES, WHATEVER THEIR STATUS AND DESCRIPTION, COMES UNDER THE SAID PROVISION .

ARTICLE 92*(1 ) OF THE TREATY MAKES NO DISTINCTION BETWEEN DIFFERENT KINDS OF AID ACCORDING TO WHETHER THEY CONCERN A WHOLE SECTOR OF THE ECONOMY OR HAVE A REGIONAL OBJECTIVE AND ARE INTENDED TO ENCOURAGE UNDERTAKINGS TO INVEST IN A PARTICULAR AREA, AND IT DOES NOT PROVIDE THAT ONE KIND SHOULD AUTOMATICALLY COME WITHIN ITS AMBIT .

2 . IN THE STATEMENT OF ITS REASONS FOR A DECISION ON THE COMPATIBILITY OF AN AID PROGRAMME WITH THE COMMON MARKET THE COMMISSION MAY CONFINE ITSELF TO EXAMINING THE CHARACTERISTICS OF THE PROGRAMME IN QUESTION IN ORDER TO DETERMINE WHETHER, BY REASON OF THE HIGH AMOUNTS OR PERCENTAGES OF AID, THE NATURE OF THE INVESTMENTS FOR WHICH AID IS GRANTED OR OTHER TERMS OF THE PROGRAMME, IT GIVES AN APPRECIABLE ADVANTAGE TO RECIPIENTS IN RELATION TO THEIR COMPETITORS AND IS LIKELY TO BENEFIT IN PARTICULAR UNDERTAKINGS WHICH ENGAGE IN TRADE BETWEEN MEMBER STATES .

3 . THE USE OF THE WORDS "ABNORMALLY" AND "SERIOUS" IN THE EXEMPTION CONTAINED IN ARTICLE 92*(3)*(A ) OF THE TREATY SHOWS THAT IT CONCERNS ONLY AREAS WHERE THE ECONOMIC SITUATION IS EXTREMELY UNFAVOURABLE IN RELATION TO THE COMMUNITY AS A WHOLE .

THE EXEMPTION CONTAINED IN ARTICLE 92*(3)*(C ), ON THE OTHER HAND, IS WIDER IN SCOPE AND GIVES THE COMMISSION POWER TO AUTHORIZE AID INTENDED TO FURTHER THE ECONOMIC DEVELOPMENT OF AREAS OF A MEMBER STATE WHICH ARE DISADVANTAGED IN RELATION TO THE NATIONAL AVERAGE .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - APPLICATION RATIONE TEMPORIS - IMMEDIATE APPLICATION OF THE NEW PROCEDURAL RULE

( COUNCIL REGULATION NO 2176/84, ART . 19, SECOND PARAGRAPH )

2 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - APPLICATION FOR THE REIMBURSEMENT OF ANTI-DUMPING DUTIES UNDER ARTICLE 16 OF REGULATION NO 2176/84 - OBLIGATIONS OF THE IMPORTER

( COUNCIL REGULATION NO 2176/84, ART . 16 )

Summary

1 . THE SECOND PARAGRAPH OF ARTICLE 19 OF REGULATION NO 2176/84 ON PROTECTION AGAINST DUMPING, WHICH PROVIDES THAT THE REGULATION IS TO APPLY TO PROCEEDINGS ALREADY INITIATED AT THE DATE OF ITS ENTRY INTO FORCE, DOES NOT ALTER THE GENERAL RULE THAT PROVISIONS AMENDING AN ADMINISTRATIVE PROCEDURE AND REDISTRIBUTING THE POWERS OF THE COMPETENT AUTHORITIES ARE APPLICABLE TO PENDING PROCEEDINGS, AND THE PERSONS CONCERNED MAY NOT CLAIM TO HAVE A "VESTED RIGHT" TO HAVE THEIR CASE DEALT WITH BY THE AUTHORITIES UPON WHOM COMPETENCE WAS CONFERRED BY THE PREVIOUS PROVISIONS .

2 ALTHOUGH ARTICLE 16 OF REGULATION NO 2176/84 GIVES AN IMPORTER THE OPPORTUNITY TO APPLY FOR REIMBURSEMENT OF ANTI-DUMPING DUTIES PAID IN EXCESS OF THE ACTUAL DUMPING MARGIN WHICH APPLIED TO THE PRODUCTS IMPORTED, IT DOES NOT PERMIT THE VALIDITY OF THE REGULATION INSTITUTING THE DUTIES TO BE CHALLENGED OR A REVIEW TO BE REQUESTED OF THE GENERAL FINDINGS USED FOR CALCULATING THE DUTIES, AS ESTABLISHED IN THE INVESTIGATIONS CARRIED OUT PURSUANT TO ARTICLES 7 AND 14 OF THE REGULATION . IN THE FRAMEWORK OF ARTICLE 16, THE IMPORTER IS ONLY PERMITTED TO ESTABLISH, ON THE ASSUMPTION THAT THOSE FINDINGS WERE GENERALLY ACCURATE, THAT THEY DO NOT APPLY IN HIS INDIVIDUAL CASE AND THAT CONSEQUENTLY THE ACTUAL DUMPING MARGIN IS LOWER THAN THE MARGIN ON THE BASIS OF WHICH THE ANTI-DUMPING DUTIES WERE INSTITUTED . IT IS FOR THE IMPORTER TO ADDUCE EVIDENCE IN SUPPORT OF HIS APPLICATION TO SHOW THAT THE PRODUCTS IMPORTED BY HIM FALL INTO ONE OF THE CATEGORIES PROVIDED FOR IN ARTICLE 16 .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INSURANCE AGAINST ACCIDENTS AT WORK AND OCCUPATIONAL DISEASE - OCCUPATIONAL DISEASE - DIAGNOSIS MADE IN A MEMBER STATE OTHER THAN THE MEMBER STATE WHICH IS UNDER A DUTY TO PAY THE BENEFITS - RECOGNITION OBLIGATORY

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 57 ( 1 ) AND ( 2 ))

Summary

A DIAGNOSIS THAT A PERSON IS SUFFERING FROM AN OCCUPATIONAL DISEASE MUST BE RECOGNIZED BY THE MEMBER STATE WHICH , BY VIRTUE OF ARTICLE 57 ( 1 ) OF REGULATION NO 1407/71 , IS UNDER A DUTY TO PAY THE BENEFITS , EVEN IF THAT DIAGNOSIS WAS MADE IN ANOTHER MEMBER STATE AND IN ACCORDANCE WITH ITS LEGIS- LATION .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - WHOLLY UNEMPLOYED FRONTIER WORKER - RIGHT TO BENEFITS IN THE MEMBER STATE OF RESIDENCE - WORKER WHO HAS MAINTAINED SPECIAL PERSONAL AND BUSINESS LINKS IN THE MEMBER STATE IN WHICH HE WAS LAST EMPLOYED - STATUS OF ' WORKER OTHER THAN A FRONTIER WORKER ' - APPLICATION OF ARTICLE 71 ( 1 ) ( B ) OF REGULATION NO 1408/71

( COUNCIL REGULATION NO 1408/71 , ARTS 1 ( B ) AND 71 ( 1 ) ( A ) ( II ) AND ( B ))

Summary

ARTICLE 71 ( 1 ) ( A ) ( II ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT A WHOLLY UNEMPLOYED FRONTIER WORKER WHO COMES WITHIN THE SCOPE OF THAT PROVISION MAY CLAIM BENEFITS ONLY FROM THE MEMBER STATE IN WHICH HE RESIDES EVEN THOUGH HE FULFILS THE CONDITIONS FOR ENTITLE- MENT TO BENEFITS LAID DOWN BY THE LEGISLATION OF THE MEMBER STATE IN WHICH HE WAS LAST EMPLOYED .

A WORKER WHO IS WHOLLY UNEMPLOYED AND WHO , ALTHOUGH HE SATISFIES THE CRITERIA LAID DOWN IN ARTICLE 1 ( B ) OF REGULATION NO 1408/71 , HAS MAINTAINED IN THE MEMBER STATE IN WHICH HE WAS LAST EMPLOYED PERSONAL AND BUSINESS LINKS OF SUCH A NATURE AS TO GIVE HIM A BETTER CHANCE OF FINDING NEW EMPLOYMENT THERE , MUST BE REGARDED AS A ' WORKER OTHER THAN A FRONTIER WORKER ' AND THEREFORE COMES WITHIN THE SCOPE OF ARTICLE 71 ( 1 ) ( B ). IT IS FOR THE NATIONAL COURT ALONE TO DETERMINE WHETHER A WORKER IS IN THAT POSITION .
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FREEDOM OF MOVEMENT FOR PERSONS - FREEDOM OF ESTABLISHMENT - FREEDOM TO PROVIDE SERVICES - WORKERS - DOCTORS AND DENTAL PRACTITIONERS - ACCESS TO THE PROFESSION - RESTRICTIONS JUSTIFIED ON GROUNDS OF PUBLIC HEALTH - PERMISSIBILITY - CONDITIONS AND LIMITS - PROHIBITION OF ENROLMENT IN PROFESSIONAL ASSOCIATION ON GROUND OF ENROLMENT IN ANOTHER MEMBER STATE - INCOMPATIBLE WITH THE TREATY

( EEC TREATY , ARTS 48 , 52 AND 59 )

Summary

NATIONALS OF A MEMBER STATE WHO PURSUE THEIR OCCUPATION IN ANOTHER MEMBER STATE ARE OBLIGED TO COMPLY WITH THE RULES WHICH GOVERN THE PURSUIT OF THE OCCUPATION IN QUESTION IN THAT MEMBER STATE . IN THE CASE OF THE MEDICAL AND DENTAL PROFESSIONS THOSE RULES REFLECT IN PARTICULAR A CONCERN TO ENSURE THAT INDIVIDUALS ENJOY THE MOST EFFECTIVE AND COMPLETE HEALTH PROTECTION AS POSSIBLE . HOWEVER , IN SO FAR AS THOSE RULES HAVE THE EFFECT OF RESTRICTING FREEDOM OF MOVEMENT FOR WORKERS , THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY THEY ARE COMPATIBLE WITH THE TREATY ONLY IF THE RESTRICTIONS WHICH THEY ENTAIL ARE ACTUALLY JUSTIFIED BY THE GENERAL OBLIGATIONS INHERENT IN THE PRACTICE OF THE PROFESSIONS IN QUESTION AND APPLY TO NATIONALS AND FOREIGNERS ALIKE . THAT IS NOT THE CASE WHERE THE RESTRICTIONS ARE SUCH AS TO CREATE DISCRIMINATION AGAINST PRACTITIONERS ESTABLISHED IN OTHER MEMBER STATES OR RAISE OBSTACLES TO ACCESS TO THE PROFESSION WHICH GO BEYOND WHAT IS NECESSARY IN ORDER TO ACHIEVE THE INTENDED GOALS .

A MEMBER STATE WHICH AUTHORIZES DOCTORS OR DENTAL PRACTITIONERS ESTABLISHED IN ANOTHER MEMBER STATE TO ENROL ON THE REGISTER OF THE APPROPRIATE PROFESSIONAL ASSOCIATION , WHICH IS A PREREQUISITE FOR THE PRACTICE OF THEIR PROFESSION IN THAT STATE AS AN EMPLOYEE , AS A PRINCIPAL IN A PRACTICE OR AS A LOCUM , ONLY ON CONDITION THAT THEIR ENROLMENT OR REGISTRATION IN THEIR MEMBER STATE OF ORIGIN IS CANCELLED IS FAILING TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 48 , 52 AND 59 OF THE TREATY . SUCH A CONDITION IS TOO ABSOLUTE AND GENERAL IN NATURE TO BE JUSTIFIED BY THE NEED TO ENSURE CONTINUITY OF MEDICAL TREATMENT OR TO APPLY THE RULES OF MEDICAL ETHICS OF THE HOST STATE .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - PROCEDURE - FURNISHING OF AN ADDRESS FOR SERVICE OF PROCESS - RULES - APPLICABLE LAW - LAW OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT - PRINCIPLES WHICH APPLY WHEN THAT LAW IS SILENT AS TO THE TIME AT WHICH AN ADDRESS FOR SERVICE IS TO BE GIVEN - FAILURE TO COMPLY WITH THE RULES ON THE FURNISHING OF AN ADDRESS FOR SERVICE - CONSEQUENCES

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 33 )

Summary

THE SECOND PARAGRAPH OF ARTICLE 33 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED AS MEANING THAT THE OBLIGATION TO GIVE AN ADDRESS FOR SERVICE OF PROCESS LAID DOWN IN THAT PROVISION MUST BE FULFILLED IN CONFORMITY WITH THE RULES LAID DOWN BY THE LAW OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT , AND IF THAT LAW IS SILENT AS TO THE TIME AT WHICH THAT FORMALITY MUST BE OBSERVED , NO LATER THAN THE DATE ON WHICH THE DECISION AUTHORIZING ENFORCEMENT IS SERVED .

THE CONSEQUENCES OF A FAILURE TO COMPLY WITH THE RULES ON THE FURNISHING OF AN ADDRESS FOR SERVICE ARE , BY VIRTUE OF ARTICLE 33 OF THE CONVENTION , GOVERNED BY THE LAW OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT , PROVIDED THAT THE AIMS OF THE CONVENTION ARE RESPECTED .