ddrg/super_eurlex huggingface dataset:
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - SUGAR MARKETING YEARS 1975/1976 TO 1979/1980 - AIDS - GRANT - FINANCING - SYSTEM

( REGULATION NO 3330/74 OF THE COUNCIL , ARTICLE 38 )

2 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ARTICLES 9 , 13 ( 2 ))

3 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - INTERNAL TAXATION - DISTINCTION - JURISDICTION OF NATIONAL COURT

( EEC TREATY , ARTICLES 9 , 13 ( 2 ), 95 )

Summary

1 . AUTHORIZATION UNDER ARTICLE 38 OF REGULATION ( EEC ) NO 3330/74 TO GRANT THE AIDS PROVIDED FOR THEREIN CANNOT BE TAKEN TO MEAN THAT ANY METHOD OF FINANCING THESE AIDS , WHATEVER ITS CHARACTER OR CONDITIONS , IS COMPATIBLE WITH COMMUNITY LAW .

IN THE FINANCING OF THE AID GRANTED , THE NATIONAL AUTHORITIES ARE IN PARTICULAR SUBJECT NOT ONLY TO THE OBLIGATIONS ARISING UNDER THE TREATY BUT ALSO TO THOSE ARISING UNDER THE OTHER PROVISIONS OF REGULATION ( EEC ) NO 3330/74 .

2 . THE PROHIBITIONS CONTAINED IN ARTICLES 9 AND 13 ARE AIMED AT ANY TAX DEMANDED AT THE TIME OF OR BY REASON OF IMPORTATION AND WHICH , BEING IMPOSED SPECIFICALLY ON IMPORTED PRODUCTS TO THE EXCLUSION OF A SIMILAR DOMESTIC PRODUCT , RESULTS IN THE SAME RESTRICTIVE CONSEQUENCES ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY BY ALTERING THE COST PRICE OF THAT PRODUCT .

3 . A DUTY FALLING WITHIN A GENERAL SYSTEM OF INTERNAL TAXATION APPLYING TO DOMESTIC PRODUCTS AS WELL AS TO IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA CAN CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS ONLY IF IT HAS THE SOLE PURPOSE OF FINANCING ACTIVITIES FOR THE SPECIFIC ADVANTAGE OF THE TAXED DOMESTIC PRODUCT , IF THE TAXED PRODUCT AND THE DOMESTIC PRODUCT BENEFITING FROM IT ARE THE SAME , AND IF THE CHARGES IMPOSED ON THE DOMESTIC PRODUCT ARE MADE GOOD IN FULL . IT IS FOR THE NATIONAL COURT TO DEFINE THE DUTY IN QUESTION .

4 . IT ALSO FOLLOWS FROM REGULATION NO 3330/74 AND IN PARTICULAR FROM ARTICLE 33 THEREOF THAT , EVEN APART FROM CASES OF DISTURBANCE PROVIDED FOR IN THE SAID PROVISIONS , THE FUNCTIONING OF A COMMON ORGANIZATION OF THE MARKETS AND IN PARTICULAR THE FORMATION OF PRODUCER PRICES MUST IN PRINCIPLE BE GOVERNED BY THE GENERAL COMMUNITY PROVISIONS AS LAID DOWN IN GENERAL RULES AMENDED ANNUALLY WITH THE RESULT THAT ANY SPECIFIC INTERFERENCE WITH THIS FUNCTIONING IS STRICTLY LIMITED TO THE CASES EXPRESSLY PROVIDED FOR . HENCE UNDER REGULATION ( EEC ) NO 3330/74 THE COMMUNITY IS , IN THE ABSENCE OF EXPRESS DEROGATION , ALONE COMPETENT TO ADOPT SPECIFIC MEASURES INVOLVING INTERVENTION IN THE MACHINERY OF PRICE FORMATION , IN PARTICULAR BY LIMITING THE EFFECTS OF AN ALTERATION IN THE LEVEL OF COMMUNITY PRICES , WHETHER AS REGARDS INTERVENTION PRICES OR THE RATE OF EXCHANGE OF THE NATIONAL CURRENCY IN RELATION TO THE UNIT OF ACCOUNT ; AN INFRINGEMENT IN THIS RESPECT OF REGULATION ( EEC ) NO 3330/74 MAY BE THE SUBJECT OF PROCEEDINGS BEFORE THE NATIONAL COURTS BROUGHT BY ANY NATURAL OR LEGAL PERSON WHOSE STOCKS HAVE BEEN SUBJECT TO THE NATIONAL MEASURE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY BENEFITS - ENTITLEMENT BY VIRTUE OF NATIONAL LEGISLATION ALONE - FULL APPLICATION OF THE LATTER - ADVANTAGES OF THE SYSTEM - AGGREGATION AND APPORTIONMENT - PREFERENCE

REGULATION NO 1408/71 , ARTICLE 46 ( 1 )

Summary

SO LONG AS A WORKER IS RECEIVING A PENSION BY VIRTUE OF NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THE NATIONAL LEGISLATION , INCLUDING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , FROM BEING APPLIED TO HIM IN ITS ENTIRETY , PROVIDED THAT IF THE APPLICATION OF SUCH NATIONAL LEGISLATION PROVES LESS FAVOURABLE THAN THE APPLICATION OF THE RULES REGARDING AGGREGATION AND APPORTIONMENT THOSE RULES MUST , BY VIRTUE OF ARTICLE 46 ( 1 ) OF REGULATION NO 1408/71 , BE AP- PLIED .
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1 . COMPETITION - AGREEMENTS - CLAUSE PROHIBITING EXPORTS - NOT PERMITTED

( EEC TREATY , ART . 85 ( 1 ))

2 . COMPETITION - AGREEMENTS - PROHIBITION - BASIS

( EEC TREATY , ART . 85 )

3 . COMPETITION - COMMUNITY RULES - INFRINGEMENTS - COMMITTED INTENTIONALLY - CONCEPT

( REGULATION NO 17 OF THE COUNCIL , ART . 15 )

4 . COMPETITION - COMMUNITY RULES - INFRINGEMENT CONSTITUTED BY A PROHIBITION ON EXPORTS - GRAVITY - PENALTY

( REGULATION NO 17 OF THE COUNCIL , ART . 15 )

Summary

1 . BY ITS VERY NATURE A CLAUSE PROHIBITING EXPORTS CONSTITUTES A RESTRICTION ON COMPETITION , WHETHER IT IS ADOPTED AT THE INSTIGATION OF THE SUPPLIER OR OF THE CUSTOMER . THE FACT THAT RESELLERS PREFER TO LIMIT THEIR COMMERCIAL OPERATIONS TO MORE RESTRICTED MARKETS , WHETHER REGIONAL OR NATIONAL , CANNOT JUSTIFY THE FORMAL ADOPTION OF CLAUSES PROHIBITING EXPORTS , EITHER IN PARTICULAR CONTRACTS OR IN CONDITIONS OF SALE , ANY MORE THAN THE DESIRE OF THE PRODUCER TO WALL OFF SECTIONS OF THE COMMON MARKET .

2 . IN PROHIBITING AGREEMENTS WHICH MAY AFFECT TRADE BETWEEN MEMBER STATES AND WHICH HAVE AS THEIR OBJECT OR EFFECT THE RESTRICTION OF COMPETITION ARTICLE 85 ( 1 ) OF THE TREATY DOES NOT REQUIRE PROOF THAT SUCH AGREEMENTS HAVE IN FACT APPRECIABLY AFFECTED SUCH TRADE , WHICH WOULD MOREOVER BE DIFFICULT IN THE MAJORITY OF CASES TO ESTABLISH FOR LEGAL PURPOSES , BUT MERELY REQUIRES THAT IT BE ESTABLISHED THAT SUCH AGREEMENTS ARE CAPABLE OF HAVING THAT EFFECT .

3 . AN INFRINGEMENT OF THE COMMUNITY RULES ON COMPETITION IS CONSIDERED TO HAVE BEEN COMMITTED INTENTIONALLY AND IN DISREGARD OF THE PROVISIONS OF THE TREATY IF THE PERSON CONCERNED IS AWARE THAT THE ACT IN QUESTION HAD AS ITS OBJECT THE RESTRICTION OF COMPETITON . IT IS IRRELEVANT TO ESTABLISH WHETHER THE PERSON CONCERNED ALSO KNEW THAT HE WAS INFRINGING A PROVISION OF THE TREATY . IN THIS CONNEXION THE OPINION OF A LEGAL ADVISER WHO WAS CONSULTED BY THE PERSON CONCERNED DOES NOT CONSTITUTE A MITIGATING FACTOR .

4 . THE CLAUSES PROHIBITING EXPORTS CONSTITUTE A FORM OF RESTRICTION ON COMPETITION WHICH BY ITS VERY NATURE JEOPARDIZES TRADE BETWEEN MEMBER STATES . CONSEQUENTLY , THE COMMISSION WAS ENTITLED TO CONSIDER THAT THE INFRINGEMENT ENTAILED A DEGREE OF GRAVITY AND TO TAKE THIS INTO ACCOUNT WITH REGARD TO THE PROVISIONS OF ARTICLE 15 OF REGULATION NO 17 .
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COMPETITION - AGREEMENTS - OLD AGREEMENT DULY NOTIFIED OR EXEMPTED FROM NOTIFICATION - CALLING IN QUESTION BEFORE A NATIONAL COURT - POSITION DURING THE PERIOD BETWEEN NOTIFICATION AND THE DATE OF THE COMMISSION ' S DECISION

Summary

DURING THE PERIOD BETWEEN NOTIFICATION AND THE DATE ON WHICH THE COMMISSION TAKES A DECISION , COURTS BEFORE WHICH PROCEEDINGS ARE BROUGHT RELATING TO AN OLD AGREEMENT DULY NOTIFIED OR EXEMPTED FROM NOTIFICATION MUST GIVE SUCH AN AGREEMENT THE LEGAL EFFECTS ATTRIBUTED THERETO UNDER THE LAW APPLICABLE TO THE CONTRACT , AND THOSE EFFECTS CANNOT BE CALLED IN QUESTION BY ANY OBJECTION WHICH MAY BE RAISED CONCERNING ITS COMPATIBILITY WITH ARTICLE 85 ( 1 ).
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APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF INDIVIDUAL CONCERN TO THEM - CRITERIA

( EEC TREATY , SECOND PARA . OF ART . 173 )

Summary

THE POSSIBILITY OF DETERMINING MORE OR LESS PRECISELY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM A MEASURE APPLIES BY NO MEANS IMPLIES THAT IT MUST BE REGARDED AS BEING OF INDIVIDUAL CONCERN TO THEM .

IN THE PRESENT CASE THE FACT THAT ALL THE APPLICANTS MIGHT POSSIBLY BE REFUSED AN IMPORT AUTHORIZATION PURSUANT TO REGULATION NO 1692/77 DOES NOT PROVIDE A SUFFICIENT BASIS FOR REGARDING THE REGULATION AS BEING OF INDIVIDUAL CONCERN TO THEM IN THE SAME WAY AS IF A DECISION HAD BEEN ADDRESSED TO THEM .
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - IMPORTS FROM THIRD COUNTRIES - EXEMPTION FROM LEVY - REDUCTION OF MONETARY COMPENSATION BY MULTIPLICATION BY A COEFFICIENT - INADMISSIBILITY

( REGULATION NO 1380/75 OF THE COMMISSION , ART . 4 ( 3 ))

Summary

REGULATION NO 1380/75 IS NOT TO BE INTERPRETED IN THE SENSE THAT WHERE , ON THE IMPORT INTO MEMBER STATES OF GOODS FROM THIRD COUNTRIES , THE LEVY HAS BEEN FIXED BUT ITS IMPOSITION HAS BEEN SUSPENDED AND WHERE MONETARY COMPENSATION IS CHARGED FOR SUCH GOODS THE MONETARY COMPENSATION SHOULD BE REDUCED BY MULTIPLICATION BY A MONETARY COEFFICIENT .
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OFFICIALS

- RECRUITMENT - PROBATIONARY PERIOD - EXPIRY - DISMISSAL - DECISION - REASONABLE PERIOD - TIME WHEN IT STARTS TO RUN

( STAFF REGULATIONS OF OFFICIALS , ART . 34 ( 2 ))

Summary

THE FIRST SUBPARAGRAPH OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS RELATING TO CASES IN WHICH THE EMPLOYMENT OF AN OFFICIAL IS TERMINATED AT THE END OF THE PROBATIONARY PERIOD DOES NOT LAY DOWN ANY MANDATORY PERIOD WITHIN WHICH THAT DECISION MUST BE ADOPTED . ALTHOUGH THE ADMINISTRATION IS BOUND TO ADOPT ITS DECISION WITHIN A REASONABLE PERIOD , THAT PERIOD CAN ONLY START TO RUN AS FROM THE MOMENT WHEN THE REPORT AT THE EXPIRY OF THE PROBATIONARY PERIOD HAS BEEN DRAWN UP AND COMMUNICATED TO THE OFFICIAL CONCERNED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AMENDMENT OF RULES - PRINCIPLE OF PROTECTION OF LEGITIMATE EXPECTATION - APPLICATION - CONDITIONS

2 . COMMON CUSTOMS TARIFF - TARIFF HEADING - AMENDMENT - OFFICIAL RULING AS TO TARIFF CLASSIFICATION - EXPECTATIONS OF INTERESTED PARTIES - TAKING ACCOUNT THEREOF - OBLIGATION - ABSENCE

Summary

1 . WHEN RULES CONCERNING AGRICULTURE ARE AMENDED , PROTECTION OF LEGITIMATE EXPECTATION IS REQUIRED INTER ALIA WHERE UNDER THE PRECEDING SYSTEM TRADERS HAVE ALREADY INFORMED THE COMPETENT AUTHORITIES OF THEIR INTENTION TO CARRY OUT SPECIFIC TRANSACTIONS OVER A PERIOD EXTENDING BEYOND THE TIME OF THE INTRODUCTION OF THE NEW SYSTEM AND HAVE IRREVOCABLY COMMITTED THEMSELVES THERETO , WHERE APPROPRIATE BY PAYING A DEPOSIT .

2 . OFFICIAL RULINGS AS TO TARIFF CLASSIFICATION ARE ISSUED GENERAL PURPOSES AND ARE OF A PURELY ABSTRACT NATURE , THAT IS TO SAY WITHOUT ANY RELATION TO SPECIFIC TRANSACTIONS , AND SO DO NOT OBLIGE THE COMMUNITY AUTHORITIES IN ANY ADJUSTMENTS OF THE RULES CONCERNED WHICH THEY MIGHT CONSIDER NECESSARY TO TAKE ACCOUNT OF ANY EXPECTATIONS WHICH SUCH DOCUMENTS MIGHT HAVE ENGENDERED AMONG INTERESTED PARTIES .
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REQUEST FOR TENDERS - CONCLUSION OF A CONTRACT FOLLOWING A REQUEST FOR TENDERS - DISCRETION OF THE ADMINISTRATION - JUDICIAL REVIEW - LIMITS

( FINANCIAL REGULATION NO 73/91 ( ECSC , EEC , EURATOM ), ART . 59 ( 2 ))

Summary

ALTHOUGH THE COURT HAS JURISDICTION TO REVIEW THE JUDGMENT OF THE DEPARTMENTS OF THE COMMISSION TO DECIDE WHETHER THERE IS ANY MISUSE OF POWERS OR A SERIOUS AND MANIFEST ERROR OF JUDGMENT IT MUST , HOWEVER , RESPECT THE DISCRETION GIVEN TO THE COMPETENT AUTHORITIES IN ASSESSING THE FACTORS TO BE TAKEN INTO ACCOUNT IN THE INTERESTS OF THE DEPARTMENT WITH A VIEW TO TAKING A DECISION TO ENTER INTO A CONTRACT FOLLOWING A REQUEST FOR TENDERS UNDER ARTICLE 59 ( 2 ) OF THE FINANCIAL REGULATION OF 25 APRIL 1973 .
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COMMON AGRICULTURAL POLICY - APPROXIMATION OF LEGISLATION ON PUBLIC HEALTH AND VETERINARY INSPECTIONS - IMPORTS FROM THIRD COUNTRIES - HEALTH INSPECTIONS - CHARGES - DIRECTIVE NO 72/462 - APPLICATION BY ANALOGY - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 72/462/EEC , ARTS . 12 , 23 , 24 AND 26 )

Summary

COUNCIL DIRECTIVE NO 72/462/EEC , WHICH PLACES A DUTY ON MEMBER STATES TO CARRY OUT HEALTH INSPECTIONS UPON THE IMPORTATION OF BOVINE ANIMALS AND SWINE AND FRESH MEAT FROM THIRD COUNTRIES AND PROVIDES THAT THE RESULTING EXPENSES MUST BE PAID BY THE TRADES CONCERNED , CANNOT BE APPLIED BY ANALOGY TO THE IMPORTATION OF OTHER PRODUCTS ( IN THIS CASE , GAME ).
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NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE INVOLVING CHOICES OF ECONOMIC POLICY - LIABILITY OF COMMUNITY - CONDITIONS - SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL - SAFEGUARD OF LEGAL PROTECTION NOT AFFECTED

( EEC TREATY , SECOND PARAGRAPH OF ART . 215 )

Summary

A FINDING THAT A LEGAL SITUATION RESULTING FROM A LEGISLATIVE MEASURE BY THE COMMUNITY INVOLVING CHOICES OF ECONOMIC POLICY IS ILLEGAL IS INSUFFICIENT BY ITSELF TO INVOLVE THE COMMUNITY IN LIABILITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY ; IN ADDITION THE MEASURE MUST BE VITIATED BY A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL . IN THE CONTEXT OF COMMUNITY LEGISLATION IN WHICH ONE OF THE CHIEF FEATURES IS THE EXERCISE OF A WIDE DISCRETION ESSENTIAL IN PARTICULAR FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE LIABILITY OF THE COMMUNITY CAN ARISE ONLY EXCEPTIONALLY , THAT IS TO SAY , IN CASES IN WHICH THE INSTITUTION CONCERNED HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS . GRAVE DISREGARD IS TO BE UNDERSTOOD AS MEANING CONDUCT VERGING ON THE ARBITRARY .

THIS CONCEPT IS CONFIRMED IN PARTICULAR BY THE FACT THAT , EVEN THOUGH AN ACTION FOR DAMAGES UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY CONSTITUTES AN INDEPENDENT ACTION , IT MUST NEVERTHELESS BE ASSESSED HAVING REGARD TO THE WHOLE OF THE SYSTEM OF LEGAL PROTECTION OF INDIVIDUALS SET UP BY THE TREATY . IF AN INDIVIDUAL TAKES THE VIEW THAT HE IS INJURED BY A COMMUNITY LEGISLATIVE MEASURE WHICH HE REGARDS AS ILLEGAL HE HAS THE OPPORTUNITY , WHEN THE IMPLEMENTATION OF THE MEASURE IS ENTRUSTED TO NATIONAL AUTHORITIES , TO CONTEST THE VALIDITY OF THE MEASURE , AT THE TIME OF ITS IMPLEMENTATION , BEFORE A NATIONAL COURT IN AN ACTION AGAINST THE NATIONAL AUTHORITY . SUCH A COURT MAY , OR EVEN MUST , IN PURSUANCE OF ARTICLE 177 OF THE TREATY , REFER TO THE COURT OF JUSTICE A QUESTION ON THE VALIDITY OF THE COMMUNITY MEASURE IN QUESTION . THE EXISTENCE OF SUCH AN ACTION IS BY ITSELF OF SUCH A NATURE AS TO ENSURE THE EFFICIENT PROTECTION OF THE INDIVIDUALS CONCERNED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - TABLE WINES - TYPES - DISTINCTION - CRITERIA

( COUNCIL REGULATION 945/70 , ART . 2 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - BLEND OF WINES CONTAINING WINE OF TYPE A II - EXPORTATION TO A THIRD COUNTRY - MONETARY COMPENSATORY AMOUNTS - PRO RATA GRANT IN PROPORTION TO THE QUANTITY OF WINE OF TYPE A II - NOT PERMISSIBLE

( COMMISSION REGULATION 192/75 , ART . 8 , AND 1380/75 , ART . 6 )

Summary

1 . THE DEFINITION OF TYPES OF WINES CONTAINED IN ARTICLE 2 OF REGULATION 945/70 IS TO BE VIEWED IN THE CONTEXT OF THE COMMUNITY RULES ON WINE NOT FOR THE PURPOSES OF TARIFF CLASSIFICATION BUT FOR THOSE OF THE PRICE SYSTEM CREATED BY THOSE RULES ; THE DISTINCTION BETWEEN VARIOUS TYPES OF TABLE WINES MADE IN THAT REGULATION IS ACCORDINGLY BASED ON THE CHARACTERISTICS OF PRICE FORMATION ON THE VARIOUS MARKETS OF THE COMMUNITY .

2 . THE COMBINED PROVISIONS OF ARTICLE 6 OF REGULATION 1380/75 OF THE COMMISSION AND ARTICLE 8 OF REGULATION 192/75 OF THE COMMISSION MUST BE INTERPRETED AS MEANING THAT A BLENDED WINE WHICH DOES NOT FULFIL THE CONDITIONS FOR BEING TREATED , AS AN ENTITY , AS TABLE WINE OF TYPE A II CANNOT BENEFIT , ON EXPORTATION TO A NON-MEMBER COUNTRY , FROM MONETARY COMPENSATORY AMOUNTS PROPORTIONATE TO THE QUANTITY OF WINE OF TYPE A II WHICH IT CONTAINS .
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1 . FREEDOM TO PROVIDE SERVICES - SERVICES - CONCEPT - STOCK EXCHANGE TRANSACTIONS - ESTABLISHMENT OF THE PERSON PROVIDING SERVICES IN A MEMBER STATE OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED

( EEC TREATY , ARTS . 59 , FIRST PARA . AND 60 , FIRST PARA .)

2 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - STOCK EXCHANGE TIME-BARGAINS - NATIONAL LAW - PLEA THAT A CONTRACT WAS AN AGREEMENT TO PAY DIFFERENCES - COMMUNITY LAW - COMPATIBILITY - CONDITION

( EEC TREATY , ARTS . 59 AND 60 )

Summary

1 . SERVICES WHICH CONSIST IN A BANK HAVING ORDERS CARRIED OUT ON A STOCK EXCHANGE AND IN CURRENT ACCOUNT TRANSACTIONS IN CONJUNCTION WITH THE OPENING OF A CREDIT CONSTITUTE SERVICES WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 60 OF THE TREATY .

SUCH SERVICES MEET THE REQUIREMENT OF THE FIRST PARAGRAPH OF ARTICLE 59 THAT LIBERALIZATION MEASURES MUST BENEFIT ALL PERSONS PROVIDING SERVICES ' ' WHO ARE ESTABLISHED IN A STATE OF THE COMMUNITY OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED ' ' , SINCE THE PERSON IN RECEIPT OF THE SERVICES , BEFORE THE TERMINATION OF THE CONTRACTUAL RELATIONS BETWEEN THE PARTIES , HAS TAKEN UP RESIDENCE IN ANOTHER MEMBER STATE .

2 . ARTICLES 59 AND 60 OF THE EEC TREATY DO NOT AFFECT THE APPLICATION OF LEGISLATIVE PROVISIONS WHEREBY A MEMBER STATE BARS THE RECOVERY BY LEGAL ACTION OF CERTAIN DEBTS , SUCH AS DEBTS ARISING OUT OF A WAGERING CONTRACT AND SIMILAR DEBTS , PROVIDED ALWAYS THAT SUCH PROVISIONS ARE NOT APPLIED IN A DISCRIMINATORY MANNER , EITHER IN LAW OR IN FACT , COMPARED WITH THE WAY IN WHICH SIMILAR DEBTS CONTRACTED WITHIN THE TERRITORY OF THE MEMBER STATE IN QUESTION ARE TREATED .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - PROCEEDINGS - ABSENCE OF A MEMBER - COMPETITION PROCEDURE - VALIDITY - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 3 )

2 . OFFICIALS - RECRUITMENT - COMPETITION BASED ON TESTS - WRITTEN TEST - CHOICE OF SUBJECT - UNFAIR ADVANTAGE OF ONE CANDIDATE - PRINCIPLE OF EQUALITY OF TREATMENT - INFRINGEMENT

Summary

1 . ALTHOUGH IN PRINCIPLE A SELECTION BOARD CANNOT VALIDLY PERFORM ITS DUTIES WHEN ONE OF ITS MEMBERS IS ABSENT , THE NEED TO ENSURE THE CONTINUITY OF THE PUBLIC SERVICE MAY HOWEVER JUSTIFY RELAXING THIS PRINCIPLE IF IT PROVES IMPOSSIBLE TO ENSURE OTHERWISE THAT THE SELECTION BOARD FUNCTIONS .

2 . THE FACT THAT ONE CANDIDATE IS PUT AT AN UNFAIR ADVANTAGE BY THE CHOICE OF THE SUBJECT FOR THE WRITTEN TEST IN A COMPETITION IS AN INFRINGEMENT OF THE PRINCIPLE OF THE EQUALITY OF TREATMENT OF THE CANDIDATES SUCH AS TO VITIATE THE SUBSEQUENT PROCEDURE IN THE COMPETITION . THIS IS SO WHERE THE CONCRETE WAY IN WHICH THE SUBJECT IS DEFINED ENABLES A CANDIDATE TO PROFIT FROM THE SPECIAL EXPERIENCE HE HAS ACQUIRED IN THE PERFORMANCE , AS A MEMBER OF THE TEMPORARY STAFF , OF THE DUTIES RELATING TO THE POST PUT UP FOR COMPETITION .
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1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - PUBLICATION - DATE

( EEC TREATY , ART . 191 )

2 . COMMUNITY LAW - PRINCIPLES - NO RETROACTIVITY OF REGULATIONS - EXCEPTIONS - CONDITIONS

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - RULES - RETROACTIVITY - LEGALITY

( REGULATIONS NOS 649/73 AND 741/73 OF THE COMMISSION )

Summary

1 . A REGULATION IS TO BE REGARDED AS PUBLISHED THROUGHOUT THE COMMUNITY ON THE DATE BORNE BY THE ISSUE OF THE OFFICIAL JOURNAL CONTAINING THE TEXT OF THAT REGULATION . HOWEVER , SHOULD EVIDENCE BE PRODUCED THAT THE DATE ON WHICH AN ISSUE WAS IN FACT AVAILABLE DOES NOT CORRESPOND TO THE DATE WHICH APPEARS ON THAT ISSUE , REGARD MUST BE HAD TO THE DATE OF ACTUAL PUBLICATION .

2 . ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

3 . THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS INTRODUCED BY REGULATION NO 974/71 IMPLIES IN PRINCIPLE THAT THE MEASURES ADOPTED TAKE EFFECT AS FROM THE OCCURRENCE OF THE EVENTS WHICH GIVE RISE TO THEM , SO THAT IN ORDER TO MAKE THEM FULLY EFFECTIVE IT MAY BE NECESSARY TO PROVIDE FOR THE APPLICABILITY OF NEWLY-FIXED MONETARY COMPENSATORY AMOUNTS TO FACTS AND EVENTS WHICH OCCURRED SHORTLY BEFORE THE PUBLICATION OF THE REGULATION FIXING THEM IN THE OFFICIAL JOURNAL .
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1 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - SEVERAL TARIFF HEADINGS - CHOICE - DISCRETION OF COMMISSION

( REGULATION NO 97/69 OF THE COUNCIL )

2 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - CONDITIONS FOR CLASSIFICATION - SPECIFICATION BY REGULATION - LEGISLATIVE NATURE - NO RETROACTIVE EFFECT

3 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - BONED OR BONELESS POULTRY CUTS - CLASSIFICATION IN SUBHEADING 02.02 B I - CRITERIA

4 . COMMON CUSTOMS TARIFF - AGRICULTURAL PRODUCTS - CLASSIFICATION - TARIFF HEADINGS - DIFFERENT APPLICATIONS ACCORDING TO NATURE OF CHARGES - NOT PERMISSIBLE

Summary

1 . REGULATION NO 97/69 OF THE COUNCIL HAS CONFERRED ON THE COMMISSION , ACTING IN CO-OPERATION WITH THE CUSTOMS EXPERTS OF THE MEMBER STATES , A WIDE DISCRETION AS TO THE CHOICE BETWEEN TWO OR MORE HEADINGS OF THE COMMON CUSTOMS TARIFF IN WHICH A GIVEN PRODUCT MIGHT BE CLASSIFIED , SUBJECT ONLY TO THE RESERVATION THAT PROVISIONS ADOPTED BY THE COMMISSION SHALL NOT AMEND THE TEXT OF THE TARIFF .

2 . A REGULATION SPECIFYING THE CONDITIONS FOR CLASSIFICATION IN A TARIFF HEADING OR SUBHEADING IS OF A LEGISLATIVE NATURE AND CANNOT HAVE RETROACTIVE EFFECT .

3 . BONED OR BONELESS POULTRY CUTS COME UNDER COMMON CUSTOMS TARIFF SUBHEADING 02.02 B I , AND REGARDLESS OF THE MANNER IN WHICH THEY ARE PRESENTED , THE WAY IN WHICH THEY WERE PRODUCED , THE USE TO WHICH THEY ARE TO BE PUT AND/OR THEIR COMMERCIAL VALUE , THEY DO NOT CONSTITUTE OFFALS WITHIN THE MEANING OF SUBHEADING 02.02 C SO LONG AS THEY ESSENTIALLY CONSIST OF MUSCLE OR FRAGMENTS OF MUSCLE COMPRISING ONLY A SMALL PROPORTION OF TENDONS , FAT AND FIBROUS TISSUE .

4 . IN THE ABSENCE OF EXPRESS PROVISIONS IT WOULD BE INAPPROPRIATE FOR THE HEADINGS OF THE COMMON CUSTOMS TARIFF TO BE APPLIED DIFFERENTLY FOR ONE AND THE SAME PRODUCT DEPENDING ON WHETHER THE CLASSIFICATION IS FOR THE IMPOSITION OF CUSTOMS DUTIES , THE APPLICATION OF THE RULES OF COMMON ORGANIZATIONS OF THE MARKET OR OF THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - SCHEMES TO WHICH THEY APPLY - SPECIAL SCHEMES FOR CIVIL SERVANTS AND PERSONS TREATED AS SUCH - EXCLUSION

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 1 ( J ) AND 4 ( 4 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES FOR DEPENDENT CHILDREN OF PENSIONERS - PENSION GRANTED UNDER SPECIAL SCHEME FOR CIVIL SERVANTS OR PERSONS TREATED AS SUCH - EXCLUSION FROM SPHERE OF APPLICATION OF COMMUNITY RULES

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 77 ( 2 ) ( A ))

Summary

1 . THE FACT THAT ARTICLE 1 ( J ) OF REGULATION NO 1408/71 REFERS ONLY TO ARTICLE 4 ( 1 ) AND ( 2 ) DOES NOT REMOVE THE SIGNIFICANCE OF THE LIMITATION CONTAINED IN PARAGRAPH ( 4 ) OF THAT ARTICLE , WHICH INTER ALIA EXCLUDES FROM THE SPHERE OF APPLICATION OF THE REGULATION SPECIAL SCHEMES FOR CIVIL SERVANTS AND PERSONS TREATED AS SUCH .

2 . A PENSION UNDER THE LEGISLATION OF ONE MEMBER STATE ONLY WITHIN THE MEANING OF ARTICLE 77 ( 2 ) ( A ) OF REGULATION NO 1408/71 DOES NOT INCLUDE A PENSION GRANTED UNDER A SPECIAL SCHEME FOR CIVIL SERVANTS OR PERSONS TREATED AS SUCH .
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - RIGHT ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE - PROVISIONS FOR REDUCTION OR SUSPENSION - APPLICABILITY - COMMUNITY RULES MORE FAVOURABLE - PREFERENCE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 46 )

Summary

WHERE THE PROVISIONS OF ARTICLE 46 OF REGULATION NO 1408/71 ARE MORE FAVOURABLE TO THE WORKER THAN THE PROVISIONS OF NATIONAL LEGISLATION ALONE , BY VIRTUE OF WHICH THE WORKER RECEIVES A PENSION , THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED IN THEIR ENTIRETY .