ddrg/super_eurlex huggingface dataset:
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1 . CUSTOMS DUTIES - CHARGES HAVING EFFECT EQUIVALENT - ABOLITION - DIRECT EFFECT - RIGHTS OF INDIVIDUALS - PROTECTION BY NATIONAL COURTS

( EEC TREATY , ARTICLE 13 , REGULATION NO 159/66/EEC , ARTICLE 13 )

2 . COMMUNITY LAW - DIRECT EFFECT - RIGHTS OF INDIVIDUALS - PROTECTION BY NATIONAL COURTS - RECOURSE TO THE COURTS - NATIONAL PROCEDURAL RULES - APPLICATION

Summary

1 . THE PROHIBITION LAID DOWN IN ARTICLE 13 OF THE TREATY AND THAT LAID DOWN IN ARTICLE 13 OF REGULATION NO 159/66/EEC HAVE A DIRECT EFFECT AND CONFER ON CITIZENS RIGHTS WHICH THE NATIONAL COURTS ARE REQUIRED TO PROTECT .

2 . IN THE ABSENCE OF COMMUNITY RULES ON THIS SUBJECT , IT IS FOR THE DOMESTIC LEGAL SYSTEM OF EACH MEMBER STATE TO DESIGNATE THE COURTS HAVING JURISDICTION AND TO DETERMINE THE PROCEDURAL CONDITIONS GOVERNING ACTIONS AT LAW INTENDED TO ENSURE THE PROTECTION OF THE RIGHTS WHICH CITIZENS HAVE FROM THE DIRECT EFFECT OF COMMUNITY LAW , IT BEING UNDERSTOOD THAT SUCH CONDITIONS CANNOT BE LESS FAVOURABLE THAN THOSE RELATING TO SIMILAR ACTIONS OF A DOMESTIC NATURE . THE POSITION WOULD BE DIFFERENT ONLY IF THE CONDITIONS MADE IT IMPOSSIBLE IN PRACTICE TO EXERCISE THE RIGHTS WHICH THE NATIONAL COURTS ARE OBLIGED TO PROTECT .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY SYSTEM - AREA OF APPLICATION

( EEC TREATY , ARTICLE 51 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY AND PENSIONS INSURANCE - GERMAN LEGISLATION - INSURANCE PERIODS COMPLETED BEFORE 1945 OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY AND WEST BERLIN - BENEFITS - COMMUNITY LAW - INAPPLICABILITY

Summary

1 . LEGISLATION WHICH CONFERS ON THE BENEFICIARIES A LEGALLY DEFINED POSITION WHICH INVOLVES NO INDIVUDUAL AND DISCRECTIONARY ASSESSMENT OF NEED OR PERSONAL CIRCUMSTANCES COMES IN PRINCIPLE WITHIN THE FIELD OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF REGULATIONS NOS 3 AND 1408/71 .

2 . WHERE THE COMPETENT INSURANCE INSTITUTIONS TO WHICH THE PERSONS REFERRED TO BY GERMAN LEGISLATION HAD BEEN AFFILIATED BEFORE 1945 NO LONGER EXIST OR ARE SITUATED OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY AND THE PURPOSE OF SUCH LEGISLATION IS TO ALLEVIATE CERTAIN SITUATIONS WHICH AROSE OUT OF EVENTS CONNECTED WITH THE NATIONAL SOCIALIST REGIME AND THE SECOND WORLD WAR AND WHERE THE PAYMENT OF THE BENEFITS IN QUESTION TO NATIONALS IS OF A DISCRETIONARY NATURE WHERE SUCH NATIONALS ARE RESIDING ABROAD , THOSE BENEFITS ARE NOT TO BE REGARDED AS IN THE NATURE OF SOCIAL SECURITY .
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1 . VALUE FOR CUSTOMS PURPOSES - DETERMINATION - ASSOCIATION - DEFINITION FOR THE PURPOSES OF ARTICLE 2 ( 2 ) OF REGULATION NO 803/68 - APPLICATION TO THE CASE OF ARTICLE 3 ( 7 ) ( B ) OF THAT REGULATION

2 . VALUE FOR CUSTOMS PURPOSES - DETERMINATION - ASSOCIATION - CONCEPT

( REGULATION NO 803/68 , ARTICLE 2 ( 2 ))

3 . VALUE FOR CUSTOMS PURPOSES - DETERMINATION - TERRITORIAL DISTRIBUTION RIGHTS - TRANSFER IN EXCHANGE FOR ROYALTIES - RIGHT TO MANUFACTURE THE IMPORTED PRODUCT - ASSIGNMENT FREE OF CHARGE - REGULATION NO 1788/69 , ARTICLE 2 ( 1 ) ( A ) - APPLICATION

Summary

1 . THE DEFINITION OF THE CONCEPT OF ' PERSONS ASSOCIATED IN BUSINESS ' SET OUT IN ARTICLE 2 ( 2 ) OF REGULATION NO 803/68 OF THE COUNCIL IS ALSO VALID FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 3 ( 7 ) ( B ) OF THAT REGULATION .

2 . AN ASSOCIATION SUCH AS THAT REFERRED TO IN ARTICLE 2 ( 2 ) OF REGULATION NO 803/68 IS CREATED BY A CONTRACT WHEREBY THE FOREIGN SUPPLIER OF A PRODUCT GRANTS TO THE COMMUNITY BUYER DISTRIBUTION RIGHTS WHICH ARE TERRITORIALLY DEFINED AGAINST PAYMENT OF ROYALTIES IN THE FORM OF A PERCENTAGE SHARE OF THE PROCEEDS OF SALES .

3 . A CONTRACT BY WHICH , PRIMARILY , TERRITORIAL DISTRIBUTION RIGHTS ARE TRANSFERRED IN RETURN FOR ROYALTIES AND , IN ADDITION , THE RIGHT , ASSIGNED FREE OF CHARGE , TO MANUFACTURE THE IMPORTED PRODUCT , FALLS WITHIN THE PROVISIONS OF ARTICLE 2 ( 1 ) ( A ) OF REGULATION NO 1788/69 OF THE COMMISSION .
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COMMUNITY CHARGE - IMPOSITION - EXEMPTION - GROUNDS OF NATURAL JUSTICE - NATIONAL LAW - APPLICABILITY - STRICT LIMITS

Summary

THE DISTRIBUTION OF FUNCTIONS BETWEEN THE COMMUNITY AND THE MEMBER STATES MAY JUSTIFY THE APPLICATION , BY A NATIONAL AUTHORITY , OF A RULE OF NATURAL JUSTICE FOR WHICH PROVISION IS MADE UNDER ITS NATIONAL LEGISLATION IN CONNEXION WITH THE FORMALITIES APPLICABLE TO THE IMPOSITION OF A CHARGE INTRODUCED BY COMMUNITY LAW .

ON THE OTHER HAND , A NATIONAL AUTHORITY IS NOT ENTITLED TO APPLY THE PROVISIONS OF ITS NATIONAL LAW TO AN APPLICATION FOR EXEMPTION , ON GROUNDS OF NATURAL JUSTICE , FROM CHARGES DUE UNDER COMMUNITY LAW , WHERE TO DO SO WOULD ALTER THE EFFECT OF THE COMMUNITY RULES RELATING TO THE BASIS OF ASSESSMENT , THE MANNER OF IMPOSITION OR THE AMOUNT OF THE CHARGE IN QUESTION .
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1 . OFFICIALS - APPEALS - PERIODIC REPORTS - ADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 )

2 . OFFICIALS - APPEALS - PERIOD FOR LODGING THEREOF - PERIODIC REPORTS - DATE OF SIGNATURE BY THE HEAD OF THE ADMINISTRATION - DATE ON WHICH THE PERIOD STARTS TO RUN

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 )

Summary

1 . IT IS CLEAR THAT PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS . ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING INITIATED FOR IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL . THEREFORE AN APPLICATION LODGED AGAINST A PERIODIC REPORT IS ADMISSIBLE .

2 . A PERIODIC REPORT BECOMES DEFINITIVE ONLY ON THE DATE ON WHICH IT IS SIGNED BY THE HEAD OF THE ADMINISTRATION . ACCORDINGLY , THE FACT THAT THE APPLICANT , IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THE DRAWING UP OF PERIODIC REPORTS , HAD KNOWLEDGE OF THE CONTENTS BEFORE THAT DATE IS NOT CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL TO START TO RUN OR OF SHORTENING IT .
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1 . ACTION FOR ANNULMENT - MEASURE IMPUGNED - ASSESSMENT OF LEGALITY - CRITERIA

( EEC TREATY , ART . 173 )

2 . PROCEDURE IN RESPECT OF THE FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - OBJECTIVE - FINDING OF SUCH FAILURE - DISCONTINUATION OF THE PROCEDURE BY THE COMMISSION - ADMISSION OF THE LEGALITY OF THE CONTESTED CONDUCT - NOT SO

( EEC TREATY , ART . 169 )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS - OBJECTIVE - POWERS OF THE COMMISSION - LIMITS

( REGULATION NO 729/70 OF THE COUNCIL , ART . 5 ( 2 ) ( B ))

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AIDS - PAYMENT IN DISREGARD OF THE COMMUNITY RULES - FAILURE TO ADHERE TO THE FORMALITIES RELATING TO PROOF - CONSEQUENCES - ASSUMPTION OF THE FINANCIAL CONSEQUENCES BY THE EAGGF - NOT PERMISSIBLE - SUBSEQUENT RECTIFICATION - EFFECTS

( REGULATION NO 729/70 OF THE COUNCIL , ART . 5 ( 2 ) ( B ))

5 . COMMUNITY LAW - APPLICATION BY THE MEMBER STATES - DISCRIMINATORY UNILATERAL MEASURES - NOT PERMISSIBLE

Summary

1 . IN THE CONTEXT OF AN APPLICATION FOR ANNULMENT UNDER ARTICLE 173 OF THE TREATY THE LEGALITY OF THE CONTESTED MEASURE MUST BE ASSESSED ON THE BASIS OF THE ELEMENTS OF FACT AND OF LAW EXISTING AT THE TIME WHEN THE MEASURE WAS ADOPTED .

2 . THE PROCEDURE UNDER ARTICLE 169 OF THE TREATY FOR FAILURE TO FULFIL OBLIGATIONS IS FOR THE PURPOSE OF OBTAINING A DECLARATION THAT THE CONDUCT OF A MEMBER STATE INFRINGES COMMUNITY LAW AND OF TERMINATING THAT CONDUCT ; THE COMMISSION REMAINS AT LIBERTY , IF THE MEMBER STATE HAS PUT AN END TO THE ALLEGED FAILURE , TO DISCONTINUE THE PROCEEDINGS BUT SUCH DISCONTINUANCE DOES NOT CONSTITUTE RECOGNITION THAT THE CONTESTED CONDUCT IS LAWFUL .

3 . AS COMMUNITY LAW NOW STANDS THE PROCEDURE FOR THE DISCHARGE OF THE ACCOUNTS SUBMITTED BY THE MEMBER STATES IN CONNEXION WITH EXPENDITURE FINANCED BY THE EAGGF SERVES TO DETERMINE NOT ONLY THAT THE EXPENDITURE WAS ACTUALLY AND PROPERLY INCURRED BUT ALSO THAT THE FINANCIAL BURDEN OF THE COMMON AGRICULTURAL POLICY IS CORRECTLY APPORTIONED BETWEEN THE MEMBER STATES AND THE COMMUNITY AND IN THIS RESPECT THE COMMISSION HAS NO DISCRETIONARY POWER TO DEROGATE FROM THE RULES REGULATING THE ALLOCATION OF EXPENSES .

4 . IN CASES WHERE THE COMMUNITY RULES RELATING TO THE AGRICULTURAL MARKETS AUTHORIZE PAYMENT OF AN AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF ARE COMPLIED WITH AT THE TIME OF PAYMENT , AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE RELATED EXPENDITURE CANNOT , THEREFORE , IN PRINCIPLE BE CHARGED TO THE EAGGF WHEN THE ACCOUNTS FOR THE FINANCIAL YEAR IN QUESTION ARE DISCHARGED , WITHOUT PREJUDICE TO ANY POSSIBILITY OF THE PART OF THE COMMISSION TO TAKE ACCOUNT , DURING ANOTHER FINANCIAL YEAR , OF THE SUBSEQUENT PRODUCTION OF THE REQUISITE PROOF .

5 . IN APPLYING COMMUNITY RULES THE MEMBER STATES CANNOT UNILATERALLY ADOPT ADDITIONAL MEASURES WHICH ARE SUCH AS TO COMPROMISE THE EQUALITY OF TREATMENT OF TRADERS THROUGHOUT THE COMMUNITY AND THUS TO DISTORT COMPETITIVE CONDITIONS BETWEEN THE MEMBER STATES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - DISCRIMINATION BETWEEN PRODUCERS AND CONSUMERS WITHIN THE COMMUNITY - PROHIBITION - CONCEPT

( EEC TREATY , SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - PRODUCTION REFUNDS - MAIZE GROATS AND MEAL FOR THE BREWING INDUSTRY AND MAIZE STARCH - DIFFERENCE OF TREATMENT - NOT PERMISSIBLE - ILLEGALITY

( REGULATION NO 120/67/EEC OF THE COUNCIL , ARTICLE 11 ; REGULATION ( EEC ) NO 665/75 OF THE COUNCIL , ARTICLE 3 )

3 . ILLEGALITY - CONSEQUENCES - OBLIGATION OF THE INSTITUTIONS ;

Summary

1 . THE WORDING OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY DOES NOT REFER IN CLEAR TERMS TO THE RELATIONSHIP BETWEEN DIFFERENT INDUSTRIAL OR TRADE SECTORS IN THE SPHERE OF PROCESSED AGRICULTURAL PRODUCTS . THIS DOES NOT ALTER THE FACT THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE AFORESAID PROVISION IS MERELY A SPECIFIC ENUNCIATION OF A GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THIS PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

2 . THE PROVISIONS OF ARTICLE 11 OF REGULATION NO 120/67/EEC OF THE COUNCIL OF 13 JUNE 1967 , AS WORDED WITH EFFECT FROM 1 AUGUST 1975 FOLLOWING THE AMENDMENT MADE BY ARTICLE 3 OF REGULATION ( EEC ) NO 665/75 OF THE COUNCIL OF 4 MARCH 1975 AND REPEATED IN REGULATION ( EEC ) NO 2727/75 OF THE COUNCIL OF 29 OCTOBER 1975 , IN CONJUNCTION WITH REGULATION ( EEC ) NO 1955/75 OF THE COUNCIL OF 22 JULY 1975 AND THE SUBSEQUENT REGULATIONS WHICH REPLACED IT , ARE INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY IN SO FAR AS THEY PROVIDE FOR A DIFFERENCE OF TREATMENT IN RESPECT OF PRODUCTION REFUNDS BETWEEN MAIZE GROATS AND MEAL FOR THE BREWING INDUSTRY AND MAIZE STARCH .

3 . IN THE PARTICULAR CIRCUMSTANCES OF THE CASE , THIS FINDING OF ILLEGALITY DOES NOT INEVITABLY INVOLVE A DECLARATION THAT A PROVISION OF REGULATION ( EEC ) NO 665/75 IS INVALID . THE ILLEGALITY OF ARTICLE 3 OF REGULATION ( EEC ) NO 665/75 CANNOT BE REMOVED MERELY BY THE FACT THAT THE COURT , IN PROCEEDINGS UNDER ARTICLE 177 , RULES THAT THE CONTESTED PROVISION WAS IN PART OR IN WHOLE INVALID . AS THE SITUATION CREATED , IN LAW , BY ARTICLE 3 OF REGULATION ( EEC ) NO 665/75 , IS INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY , IT IS FOR THE COMPETENT INSTITUTIONS OF THE COMMUNITY TO ADOPT THE MEASURES NECESSARY TO CORRECT THIS IN- COMPATIBILITY .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - OILS AND FATS - OLIVE OIL - PRODUCERS - CONCEPT - OLIVE OIL SUBSIDY - RECIPIENTS

( REGULATION NO 136/66 , ARTICLE 10 ; REGULATION NO 754/67 )

Summary

SINCE , IN REGULATIONS NOS 136/66 AND 754/67 , THE COUNCIL DREW A CLEAR DISTINCTION BETWEEN THE CULTIVATION OF OLIVE TREES AND THE PRODUCTION OF OLIVE OIL , THE EXPRESSION ' PRODUCERS OF OLIVE OIL ' , WITHIN THE MEANING OF ARTICLE 10 OF REGULATION NO 136/66 ON THE COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS AND OF REGULATION NO 754/67 ON OLIVE OIL SUBSIDIES , MUST BE INTERPRETED AS REFERRING TO THE PRODUCERS OF THE PROCESSED PRODUCT , NAMELY OLIVE OIL , AND THE OLIVE OIL SUBSIDY FOR THE 1967/68 OIL MARKETING YEAR MUST THEREFORE BE GRANTED TO THOSE PRODUCERS .
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1 . CONVENTION OF 27 SEPTEMBER 1968 - CONCEPTS AND LEGAL CLASSIFICATIONS LAID DOWN BY THE COURT - UNIFORM APPLICATION IN THE MEMBER STATES

2 . CONVENTION OF 27 SEPTEMBER 1968 - JUDGMENTS EXCLUDED FROM THE SCOPE OF THE LATTER - BILATERAL AGREEMENTS - APPLICATION - EXCLUSIVE JURISDICTION OF NATIONAL COURT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 55 , FIRST PARAGRAPH OF ARTICLE 56 , PROTOCOL ON THE INTERPRETATION BY THE COURT OF JUSTICE OF THE CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 1 )

Summary

1 . THE PRINCIPLE OF LEGAL CERTAINTY IN THE COMMUNITY LEGAL SYSTEM AND THE OBJECTIVES OF THE BRUSSELS CONVENTION IN ACCORDANCE WITH ARTICLE 220 OF THE EEC TREATY , WHICH IS AT ITS ORIGIN , REQUIRE IN ALL MEMBER STATES A UNIFORM APPLICATION OF THE LEGAL CONCEPTS AND LEGAL CLASSIFICATIONS DEVELOPED BY THE COURT IN THE CONTEXT OF THE BRUSSELS CONVENTION .

2 . A NATIONAL COURT MUST NOT APPLY THE BRUSSELS CONVENTION SO AS TO RECOGNIZE OR ENFORCE JUDGMENTS WHICH ARE EXCLUDED FROM ITS SCOPE AS DETERMINED BY THE COURT OF JUSTICE . ON THE OTHER HAND , IT IS NOT PREVENTED FROM APPLYING TO THE SAME JUDGMENTS ONE OF THE SPECIAL AGREEMENTS REFERRED TO IN ARTICLE 55 OF THE BRUSSELS CONVENTION , WHICH MAY CONTAIN RULES FOR THE RECOGNITION AND ENFORCEMENT OF SUCH JUDGMENTS . AS THE FIRST PARAGRAPH OF ARTICLE 56 OF THE BRUSSELS CONVENTION RECOGNIZES , THESE AGREEMENTS CONTINUE TO HAVE EFFECT IN RELATION TO JUDGMENTS TO WHICH THE BRUSSELS CONVENTION DOES NOT APPLY . SINCE ARTICLE 1 OF THE PROTOCOL OF 3 JUNE 1971 GIVES THE COURT JURISDICTION TO INTERPRET ONLY THE BRUSSELS CONVENTION AND THE PROTOCOL , IT IS SOLELY FOR THE NATIONAL COURTS TO JUDGE THE SCOPE OF THE ABOVEMENTIONED AGREEMENTS IN RELATION TO JUDGMENTS TO WHICH THE BRUSSELS CONVENTION DOES NOT APPLY . THIS MAY LEAD TO THE SAME EXPRESSION IN THE BRUSSELS CONVENTION AND IN A BILATERAL AGREE- MENT BEING INTERPRETED DIFFERENTLY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - ADVANCE FIXING - AIM

( COMMISSION REGULATION NO 413/76 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUNDS - ADVANCE PAYMENT - AIM

( REGULATION NO 441/69 OF THE COUNCIL )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT REFUND - ADVANCE FIXING - ADVANCE PAYMENT - ESTABLISHED RIGHT OF THE HOLDER OF AN EXPORT LICENCE - SCOPE AND LIMITS

( COMMISSION REGULATION NO 413/76 ; REGULATION NO 441/69 OF THE COUNCIL )

Summary

1 . THE AIM OF THE RULES RELATING TO THE ADVANCE FIXING OF THE REFUNDS WITHIN THE MEANING OF REGULATION NO 413/76 IS TO ENABLE COMMUNITY EXPORTERS TO BE CERTAIN OF THE AMOUNT OF THE REFUND FOR WHICH THEY MAY QUALIFY WHEN THE EXPORTS UNDER CONSIDERATION TAKE PLACE , IN SO FAR AS THEY ARE ACTUALLY CARRIED OUT BEFORE THE EXPIRY OF THE PERIOD OF VALIDITY OF THE LICENCE .

2 . AS IS SHOWN , IN PARTICULAR , BY THE SECOND , THIRD AND FIFTH RECITALS , THE SYSTEM FOR ADVANCE PAYMENT OF REFUNDS SET UP BY REGULATION NO 441/69 SEEKS TO ENSURE , BOTH AS REGARDS COMMUNITY BASIC PRODUCTS INTENDED FOR EXPORT TO THIRD COUNTRIES AFTER PROCESSING AND FOR COMMUNITY PRODUCTS INTENDED FOR EXPORT UNPROCESSED , EQUALITY OF TREATMENT WITH PRODUCTS ORIGINATING IN THIRD COUNTRIES AND ALLOWED TO BENEFIT FROM THE INWARD PROCESSING ARRANGEMENTS AND FROM THE BONDED WAREHOUSE OR FREE ZONE PROCEDURES .

3 . THE RULES GOVERNING ADVANCE-FIXING WITHIN THE MEANING OF REGULATION NO 413/76 AND THOSE COVERING THE ADVANCE PAYMENT OF EXPORT REFUNDS WITHIN THE MEANING OF REGULATION NO 441/69 PURSUE SEPARATE AIMS AND CANNOT BE ASSIMILATED TO ONE ANOTHER . ALTHOUGH THE HOLDER OF AN EXPORT LICENCE FIXING THE REFUND IN ADVANCE HAS AN ESTABLISHED RIGHT TO RECEIVE THE REFUND FIXED IN ADVANCE WHEN THE EXPORT IS CARRIED OUT , IN SO FAR AS IT ACTUALLY TAKES PLACE UNDER THE CONDITIONS LAID DOWN BY THE COMMUNITY RULES , HE CANNOT ACQUIRE FROM THE ISSUE OF THAT LICENCE A RIGHT TO HAVE THE SYSTEM FOR ADVANCE PAYMENT OF THE REFUND APPLIED TO HIM IN ACCORDANCE WITH THE RULES IN FORCE ON THE DAY OF ISSUE OF THE LICENCE . IN PARTICULAR , THE SPECIAL OBJECTIVES OF THE SYSTEM FOR ADVANCE PAYMENT OF REFUNDS AND THE REASON FOR ITS EXISTENCE CANNOT JUSTIFY ITS BEING USED AS IF ITS PRINCIPAL AIM WERE TO OVERRUN THE PERIOD OF VALIDITY OF THE EXPORT LICENCES . THE PERIOD OF VALIDITY OF THOSE LICENCES IS FIXED IN THE CONTEXT OF THE RELEVANT RULES AND MAY ONLY BE AMENDED UNDER THE CONDITIONS PROVIDED FOR THEREIN , WITHOUT REGARD FOR THE RULES RELATING TO THE ADVANCE PAYMENT OF REFUNDS .
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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - ENTITLEMENT - NONE - REGULATION NO 1408/71 - INAPPLICABILITY

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - AWARD - STUDENTS - STUDIES COMPLETED IN ANOTHER MEMBER STATE - ASSIMILATION TO THOSE COMPLETED IN AN ESTABLISHMENT RECOGNIZED BY THE COMPETENT STATE - REQUIREMENT - NONE

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION WITHIN THE FRAMEWORK OF THE APPLICATION OF ARTICLE 177 OF THE TREATY TO DECIDE UPON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW , IT MAY NEVERTHELESS EXTRACT FROM THE WORDING OF THE QUESTION FORMULATED BY THE NATIONAL COURT , HAVING REGARD TO THE FACTS STATED BY THE LATTER , THOSE ELEMENTS WHICH COME WITHIN THE INTERPRETATION OF COMMUNITY LAW .

2 . ARTICLE 71 OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL CANNOT APPLY TO THE CASE OF AN UNEMPLOYED PERSON WHO HAS NOT PURSUED ANY ACTIVITY AS AN EMPLOYED PERSON OR ANY ACTIVITY TREATED AS SUCH AND WHO , IN CONSEQUENCE , HAS NOT YET ACQUIRED ANY ENTITLEMENT TO UNEMPLOYMENT BEN- EFIT .

3 . NEITHER THE TREATY ESTABLISHING THE EEC NOR THE PROVISIONS OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL RELATING TO UNEMPLOYMENT REQUIRE A COMPETENT INSTITUTION IN ONE MEMBER STATE , FOR THE PURPOSES OF THE AWARD OF UNEMPLOYMENT BENEFITS TO FORMER STUDENTS WHO HAVE NEVER BEEN EMPLOYED , TO TREAT STUDIES COMPLETED IN ANOTHER MEMBER STATE AS THOUGH THEY HAD BEEN COMPLETED IN AN ESTABLISHMENT PROVIDED , RECOGNIZED OR SUBSIDIZED BY THE COMPETENT STATE .
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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JUDGMENT - OPERATIVE PART - INTERPRETATION - REFERENCE TO THE GROUNDS OF JUDGMENT

( EEC TREATY , ART . 177 )

2 . COMMON CUSTOMS TARIFF - VALUATION OF GOODS FOR CUSTOMS PURPOSES - DETERMINATION - NORMAL PRICE OF GOODS - VALUE OF A PATENT FOR A PROCESS - INCLUSION - CONDITIONS

( REGULATION NO 803/68 OF THE COUNCIL , ART . 3 )

Summary

1 . THE OPERATIVE PART OF AN INTERPRETATIVE JUDGMENT GIVEN ON THE BASIS OF ARTICLE 177 OF THE TREATY MUST BE UNDERSTOOD IN THE LIGHT OF THE GROUNDS OF JUDGMENT .

2 . ARTICLE 3 ( 1 ) ( A ) OF REGULATION NO 803/68 OF THE COUNCIL IS TO BE INTERPRETED AS MEANING THAT THE NORMAL PRICE OF GOODS INCLUDES THE VALUE OF A PATENT FOR A PROCESS WHERE THE PROTECTED PROCESS IS INSEPARABLY EMBODIED IN THE GOODS . THIS IS THE CASE WHERE THE CARRYING OUT OF THE PROCESS CONSTITUTES THE ONLY ECONOMICALLY VIABLE USE OF THE GOODS AND WHERE THE PROCESS MAY ONLY BE PUT INTO EFFECT BY THE USE OF THOSE GOODS .
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AGRICULTURE - AGRICULTURAL HOLDING - CONCEPT - UNIFORM COMMUNITY DEFINITION - ABSENCE - OBLIGATIONS OF THE COMMUNITY INSTITUTIONS

Summary

IT IS IMPOSSIBLE TO FIND IN THE PROVISIONS OF THE TREATY OR IN THE RULES OF SECONDARY COMMUNITY LAW ANY GENERAL UNIFORM COMMUNITY DEFINITION OF ' ' AGRICULTURAL HOLDING ' ' UNIVERSALLY APPLICABLE IN ALL THE PROVISIONS LAID DOWN BY LAW AND REGULATION RELATING TO AGRICULTURAL PRODUCTION . IT IS FOR THE COMMUNITY INSTITUTIONS TO WORK OUT , WHERE APPROPRIATE , FOR THE PURPOSES OF THE RULES DERIVING FROM THE TREATY SUCH A DEFINITION OF AGRICULTURAL HOLDING .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - TRADE WITH NON- MEMBER COUNTRIES - MONETARY COMPENSATORY AMOUNTS - EXPORT REFUND FIXED IN NATIONAL CURRENCY - APPLICATION OF A WEIGHTING - NOT PERMISSIBLE

( REGULATION NO 1380/75 OF THE COMMISSION , ARTICLE 4 ( 3 ); REGULATION NO 2101/75 OF THE COMMISSION )

Summary

ARTICLE 4 ( 3 ) OF REGULATION NO 1380/75 , READ IN CONJUNCTION WITH REGULATION NO 2101/75 , MUST BE INTERPRETED AS MEANING THAT THE EXPORT REFUND IN THE SUGAR SECTOR , FIXED IN NATIONAL CURRENCY FOR EACH EXPORTER INDIVIDUALLY ON THE BASIS OF A TENDER , IS NOT TO BE MULTIPLIED BY A MONETARY COEFFICIENT FIXED BY THE COMMISSION DERIVED FROM THE PERCENTAGE USED TO CALCULATE THE MONETARY COMPENSATION .
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SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY BY A WORKER IN ONE MEMBER STATE - RESIDENCE OF MEMBERS OF FAMILY IN ANOTHER MEMBER STATE - PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY BY THE SPOUSE OF THE WORKER IN THE COUNTRY OF RESIDENCE - RIGHTS TO FAMILY BENEFITS OR ALLOWANCES - COMMUNITY RULE AGAINST OVERLAPPING BENEFITS - CONDITIONS FOR THE APPLICATION

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 73 AND 76 )

Summary

PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY IN THE STATE IN WHOSE TERRITORY THE MEMBERS OF THE FAMILY ARE RESIDING IS NOT A SUFFICIENT CONDITION FOR THE SUSPENSION OF THE ENTITLEMENT CONFERRED BY ARTICLE 73 SINCE IT IS NECESSARY IN ADDITION THAT THE FAMILY BENEFITS SHOULD BE ' ' PAYABLE ' ' UNDER THE LEGISLATION OF THAT MEMBER STATE .

CONSEQUENTLY THE SUSPENSION , UNDER ARTICLE 76 OF REGULATION NO 1408/71 , OF THE ENTITLEMENT TO FAMILY BENEFITS OR ALLOWANCES IN PURSUANCE OF ARTICLE 73 OF THAT REGULATION IS NOT APPLICABLE WHEN THE FATHER WORKS ABROAD IN A MEMBER STATE WHILST THE MOTHER IS EMPLOYED IN THE COUNTRY IN WHICH THE OTHER MEMBERS OF THE FAMILY RESIDE AND HAS NOT ACQUIRED UNDER THE LEGISLATION OF THE SAID COUNTRY OF RESIDENCE A RIGHT TO FAMILY ALLOWANCES EITHER BECAUSE ONLY THE FATHER IS ACKNOWLEDGED TO HAVE THE STATUS OF HEAD OF HOUSEHOLD OR BECAUSE THE CONDITIONS FOR AWARDING TO THE MOTHER THE RIGHT TO PAYMENT OF THE ALLOWANCES HAVE NOT BEEN FULFILLED .
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1 . MEASURE ADOPTED BY AN INSTITUTION - REGULATION - STATEMENT OF REASONS ON WHICH BASED - REFERENCE TO LEGISLATIVE CONTEXT

( EEC TREATY , ART . 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY - CONCEPT

( EEC TREATY , SECOND SUBPARAGRAPH OF ART . 40 ( 3 ))

3 . MEASURE ADOPTED BY AN INSTITUTION - AMENDMENT OF A FORMER PROVISION - SITUATIONS ARISING UNDER THE LATTER - FUTURE CONSEQUENCES - APPLICATION OF THE AMENDING PROVISION

Summary

1 . EVEN THOUGH THE STATEMENT OF THE REASONS ON WHICH A REGULATION IS BASED MAY BE LACONIC , IT MUST NEVERTHELESS BE EXAMINED AND ASSESSED IN THE CONTEXT OF THE WHOLE OF THE RULES OF WHICH THE REGULATION IN QUESTION FORMS AN INTEGRAL PART .

2 . THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS , SHALL NOT BE TREATED DIFFERENTLY UNLESS THE DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

3 . LAWS AMENDING A FORMER LEGISLATIVE PROVISION APPLY , UNLESS OTHERWISE PROVIDED , TO THE FUTURE CONSEQUENCES OF SITUATIONS WHICH AROSE UNDER THE FORMER LAW .