ddrg/super_eurlex huggingface dataset:
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Summary



Keywords

1 . TAX PROVISIONS - HARMONIZATION OF LAWS - INDIRECT TAXES ON THE RAISING OF CAPITAL - DUTY ON CONTRIBUTIONS OF CAPITAL TO CAPITAL COMPANIES - BASIS OF ASSESSMENT - REFERENCE TO THE NOMINAL AMOUNT OF THE SHARES IN THE COMPANY - CONCEPT OF ' ' NOMINAL AMOUNT ' ' - COMMUNITY CONCEPT

( COUNCIL DIRECTIVE 69/335 , ART . 5 ( 2 ))

2 . TAX PROVISIONS - HARMONIZATION OF LAWS - INDIRECT TAXES ON THE RAISING OF CAPITAL - DUTY ON CONTRIBUTIONS OF CAPITAL TO CAPITAL COMPANIES - BASIS OF ASSESSMENT - REFERENCE TO THE NOMINAL AMOUNT OF THE SHARES IN THE COMPANY - CONDITIONS

( COUNCIL DIRECTIVE 69/335 , ART . 5 ( 2 ))

3 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - EFFECT - CORRECT IMPLEMENTATION BY THE MEMBER STATES - EFFECTS ON INDIVIDUALS OF NATIONAL IMPLEMENTING MEASURES

( EEC TREATY , ART . 189 )

Summary

1 . THE CONCEPT OF ' ' NOMINAL AMOUNT ' ' WITHIN THE MEANING OF ARTICLE 5 ( 2 ) OF DIRECTIVE 69/335 CONCERNING INDIRECT TAXES ON THE RAISING OF CAPITAL IS CONTAINED IN A PROVISION OF COMMUNITY LAW WHICH DOES NOT REFER TO THE LAW OF THE MEMBER STATES IN ORDER TO DETERMINE ITS MEANING AND SCOPE . THE HARMONIZATION OF TAXES SUCH AS CAPITAL DUTY ON THE RAISING OF CAPITAL , NOT ONLY IN RELATION TO THE RATES BUT ALSO TO THE STRUCTURE THEREOF , IMPLIES THAT THE BASIS OF ASSESSMENT IS DETERMINED IN EACH MEMBER STATE ON THE BASIS OF OBJECTIVE CRITERIA , HAVING A UNIFORM SCOPE WITHIN THE COMMUNITY AND FREE FROM THE INFLUENCE OF NATIONAL LAWS . IT FOLLOWS THAT THE INTERPRETATION OF THE CONCEPT AT ISSUE , CONSIDERED IN ITS ENTIRETY , MAY NOT BE LEFT TO THE DISCRETION OF EACH MEMBER STATE .

2.THE SHARES IN A COMPANY HAVE A NOMINAL AMOUNT WITHIN THE MEANING OF ARTICLE 5 ( 2 ) OF DIRECTIVE 69/335/EEC WHEN THE LEGAL STRUCTURE OF THE TYPE OF COMPANY TO WHICH THE COMPANY CONCERNED BELONGS INCLUDES AMOUNTS FIXED IN CASH , INTENDED TO QUANTIFY THE VALUE OF THE MEMBERS ' CONTRIBUTION TO THE RAISING OF CAPITAL IN THAT COMPANY AND TO CHARACTERIZE IN DURABLE FASHION THE RELATIONS BETWEEN THE MEMBERS AND THE COMPANY .

IT IS FOR THE NATIONAL COURT , TAKING INTO ACCOUNT THE CRITERIA FOR INTERPRETATION LAID DOWN BY THE COURT OF JUSTICE , TO CARRY OUT THE NECESSARY APPRAISAL BOTH OF THE RELEVANT NATIONAL RULES AND THE PROVISIONS OF THE COMPANY ' S DOCUMENTS OF CONSTITUTION IN ORDER TO ESTABLISH WHETHER THAT IS THE CASE .

3.WHENEVER A DIRECTIVE IS CORRECTLY IMPLEMENTED , ITS EFFECTS REACH INDIVIDUALS THROUGH THE INTERMEDIARY OF THE IMPLEMENTING MEASURES ADOPTED BY THE MEMBER STATE CONCERNED , WITHOUT ITS BEING NECESSARY TO EXAMINE THE QUESTION WHETHER THE PROVISION IN QUESTION MEETS THE CONDITIONS WHICH MUST BE FULFILLED FOR INDIVIDUALS TO BE ABLE TO RELY UPON IT BEFORE A NATIONAL COURT IN THE EVENT OF THE DIRECTIVE ' S NOT BEING CORRECTLY IMPLEMENTED .
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Summary



Keywords

1 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - MEMBER STATES ' ADMINISTRATIVE POWERS - ALLOCATION OF NATIONAL QUOTA SHARES - CONDITIONS

2 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - MEMBER STATES ' ADMINISTRATIVE POWERS - ALLOCATION OF NATIONAL QUOTA SHARES - CRITERIA - REFERENCE TO PURCHASES OF BEEF AND VEAL FROM INTERVENTION AGENCIES - WHETHER COMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET - CONDITIONS

( REGULATION NO 805/68 OF THE COUNCIL , ART . 7 ( 1 ))

3 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - MEMBER STATES ' ADMINISTRATIVE POWERS - FINANCIAL ADVANTAGES OBTAINED FROM AN INCORRECT ALLOCATION OF A NATIONAL QUOTA SHARE - WHETHER STATE AID - NO

( EEC TREATY , ARTS 92 AND 93 )

4 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - FROZEN BEEF AND VEAL - MEMBER STATES ' ADMINISTRATIVE POWERS - ALLOCATION OF NATIONAL QUOTA SHARES - CRITERIA - REFERENCE TO IMPORTS AND EXPORTS WITHIN THE COMMUNITY AND EXPORTS TO NON-MEMBER COUNTRIES - PERMISSIBLE

( COUNCIL REGULATION NO 2956/79 , ART . 3 ( 1 ))

Summary

1 . THE COMMUNITY NATURE OF A TARIFF QUOTA DOES NOT PREVENT A MEMBER STATE FROM REGULATING , WITHIN THE LIMITS OF ITS ADMINISTRATIVE POWERS , ACCESS BY THE PERSONS CONCERNED TO THE QUOTA SHARE WHICH IT HAS BEEN ALLOCATED SO LONG AS IT DOES NOT DEPRIVE SOME PERSONS CONCERNED OF ACCESS TO THE SHARE ALLOCATED TO THAT STATE AND SO LONG AS THE DIFFERENT CATEGORIES OF TRADERS AND THE TOTAL QUANTITIES TO WHICH THOSE CATEGORIES HAVE ACCESS ARE NOT DETERMINED IN AN ARBITRARY MANNER . SUCH A SYSTEM DOES NOT END EQUAL TREATMENT OF THOSE PERSONS IF IT IS APPLIED BY THE STATES CONCERNED TO ALL PERSONS ESTABLISHED WITHIN THEIR TERRITORIES .

2.IT IS NOT CONTRARY TO ARTICLE 7 ( 1 ) OF REGULATION NO 805/68 , THE AIM OF WHICH IS TO AVOID ANY DISTURBANCE OF THE MARKET WHEN PRODUCTS BOUGHT IN BY INTERVENTION AGENCIES ARE DISPOSED OF AND TO ENSURE EQUAL ACCESS TO GOODS HELD BY THOSE AGENCIES , FOR A MEMBER STATE TO TAKE ACCOUNT , TO A LIMITED EXTENT , OF PURCHASES OF BEEF AND VEAL HELD BY INTERVENTION AGENCIES AS A CRITERION FOR ALLOCATING ITS SHARE OF THE COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL . HOWEVER , IT IS NOT PROPER TO TAKE ACCOUNT SOLELY OF PURCHASES FROM A PARTICULAR INTERVENTION AGENCY .

3.THE FINANCIAL ADVANTAGE WHICH TRADERS DERIVE FROM RECEIVING A SHARE IN A COMMUNITY TARIFF QUOTA IS NOT GRANTED THROUGH STATE RESOURCES BUT THROUGH COMMUNITY RESOURCES BECAUSE THE LEVY WHICH IS WAIVED IS PART OF COMMUNITY RESOURCES . THEREFORE ANY INCORRECT APPLICATION OF COMMUNITY LAW , EVEN IF TAKING THE FORM OF AN INCORRECT ALLOCATION OF A TARIFF QUOTA , MAY ONLY BE DEALT WITH AS A BREACH OF THE RELEVANT PROVISIONS OF COMMUNITY LAW ; IT MAY NOT BE REGARDED AS STATE AID OR AID GRANTED THROUGH STATE RESOURCES .

4 . IT IS NOT CONTRARY TO COUNCIL REGULATION NO 2956/79 FOR A MEMBER STATE TO TAKE ACCOUNT OF IMPORTS AND EXPORTS OF BEEF AND VEAL IN OTHER MEMBER STATES AND EXPORTS OF BEEF AND VEAL TO NON-MEMBER COUNTRIES WHEN ALLOCATING ITS SHARE OF THE COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL .
Keywords

Summary



Keywords

1 . OFFICIALS - REMUNERATION - ANNUAL ADJUSTMENT - DISCRETIONARY POWER OF THE COUNCIL - LIMITS - OBLIGATION TO TAKE INTO ACCOUNT THE CRITERION OF CHANGES IN THE SALARIES OF NATIONAL CIVIL SERVANTS

( STAFF REGULATIONS OF OFFICIALS , ART . 65 ( 1 ))

2 . OFFICIALS - REMUNERATION - ANNUAL ADJUSTMENT - FACTORS TO BE TAKEN INTO CONSIDERATION - REFERENCE PERIOD

( STAFF REGULATIONS OF OFFICIALS ART . 65 ( 1 ))

3 . OFFICIALS - REMUNERATION - ADJUSTMENT WHEN THERE IS A SUBSTANTIAL RISE IN THE COST OF LIVING - DUTY OF THE COUNCIL - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 65 ( 2 ))

Summary

1 . THE SECOND SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 65 ( 1 ) OF THE STAFF REGULATIONS INDICATES THAT WHEN THE COUNCIL EXERCISES ITS DISCRETIONARY POWER IT MUST , WHEN MAKING THE ANNUAL REVIEW OF THE LEVEL OF REMUNERATION , INCLUDE ANY INCREASE IN SALARIES IN THE PUBLIC SERVICE AS ONE OF ALL THE FACTORS TO BE TAKEN INTO CONSIDERATION . ALTHOUGH THE WORD ' ' PARTICULAR ' ' IMPLIES THAT ARTICLE 65 DOES NOT REQUIRE THE COUNCIL TO TAKE ACCOUNT EXCLUSIVELY OF CHANGES IN THE SALARIES OF NATIONAL CIVIL SERVANTS WHEN ADJUSTING SALARIES FOR COMMUNITY CIVIL SERVANTS , THE REQUIREMENT IMPOSED BY THAT PROVISION MEANS THAT THE COUNCIL CANNOT , BY REASON OF THE FACT THAT IT TAKES OTHER CRITERIA INTO CONSIDERATION , OMIT TO TAKE ACCOUNT OF ONE OF THE TWO CRITERIA EXPRESSLY REFERRED TO IN THAT SENTENCE .

2 . SINCE THE ADJUSTMENT OF COMMUNITY SALARIES TAKES PLACE A POSTERIORI , THE VARIOUS FACTORS WHICH THE COUNCIL MUST TAKE INTO CONSIDERATION ARE THOSE RELATING TO THE REFERENCE PERIOD .

3 . THE DRAFTING OF ARTICLE 65 ( 2 ) OF THE STAFF REGULATIONS INDICATES THAT THE COUNCIL ' S DISCRETION IS LESS WIDE IN RELATION TO THE ADJUSTMENT OF OFFICIALS ' REMUNERATION TO TAKE ACCOUNT OF A CONSIDERABLE INCREASE IN THE COST OF LIVING THAN IN RELATION TO THE ANNUAL ADJUSTMENT OF SALARIES . THE WORDING OF THE PROVISION IMPLIES THAT WHEN THE COST OF LIVING RISES SUBSTANTIALLY THE COUNCIL HAS A DUTY TO TAKE STEPS TO ADJUST THE WEIGHTINGS , PARTICULARLY IN VIEW OF THE FACT THAT THAT PROVISION IS DESIGNED TO GUARANTEE , IN ACCORDANCE WITH THE PRINCIPLE OF EQUAL TREATMENT , THE MAINTENANCE OF EQUAL PURCHASING POWER FOR ALL OFFICIALS REGARDLESS OF THEIR PLACE OF EMPLOYMENT . IT FOLLOWS THAT THE POWER AVAILABLE TO THE COUNCIL IS NOT TO DETERMINE WHETHER WEIGHTINGS SHOULD BE ADJUSTED AT INTERVALS OF SIX MONTHS OR QUARTERLY , BUT TO DECIDE WHETHER OR NOT THERE HAS BEEN A SUBSTANTIAL INCREASE IN THE COST OF LIVING AND , IF THERE HAS , TO DRAW THE APPROPRIATE CONCLUSIONS .
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Keywords

1 . ACTION FOR A FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT FINDING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - EFFECTS - DUTIES OF THE AUTHORITIES OF THE OFFENDING MEMBER STATE - DUTY TO ENSURE THAT THE COURT ' S JUDGMENT IS COMPLIED WITH - SCOPE

( EEC TREATY , ARTS . 169 AND 171 )

2 . ACTION FOR A FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT FINDING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - EFFECTS - DUTIES OF THE COURTS OF THE OFFENDING MEMBER STATE - DUTY TO DRAW THE NECESSARY INFERENCES FROM THE JUDGMENT - FAILURE TO COMPLY WITH A COMMUNITY RULE HAVING DIRECT EFFECT - RIGHTS OF INDIVIDUALS - SOURCE OF THEIR LEGAL PROTECTION

( EEC TREATY , ARTS . 169 AND 171 )

Summary

1 . ALL THE INSTITUTIONS OF THE MEMBER STATE WHICH THE COURT FINDS TO HAVE FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY MUST , IN ACCORDANCE WITH ARTICLE 171 OF THE TREATY , ENSURE WITHIN THE FIELDS COVERED BY THEIR RESPECTIVE POWERS THAT JUDGMENTS OF THE COURT ARE COMPLIED WITH .

IF THE JUDGMENT DECLARES THAT CERTAIN LEGISLATIVE PROVISIONS OF A MEMBER STATE ARE CONTRARY TO THE TREATY THE AUTHORITIES EXERCISING LEGISLATIVE POWER ARE THEN UNDER THE DUTY TO AMEND THE PROVISIONS IN QUESTION SO AS TO MAKE THEM CONFORM WITH THE REQUIREMENTS OF COMMUNITY LAW . FOR THEIR PART THE COURTS OF THE MEMBER STATE CONCERNED HAVE AN OBLIGATION TO ENSURE , WHEN PERFORMING THEIR DUTIES , THAT THE COURT ' S JUDGMENT IS COMPLIED WITH .

2 . IF THE COURT FINDS IN PROCEEDINGS UNDER ARTICLES 169 TO 171 OF THE TREATY THAT A MEMBER STATE ' S LEGISLATION IS INCOMPATIBLE WITH THE OBLIGATIONS WHICH IT HAS UNDER THE TREATY , THE COURTS OF THAT STATE ARE BOUND BY VIRTUE OF ARTICLE 171 TO DRAW THE NECESSARY INFERENCES FROM THE JUDGMENT OF THE COURT . HOWEVER , IT SHOULD BE UNDERSTOOD THAT WHERE THE COURT HAS FOUND THAT A MEMBER STATE HAS FAILED TO COMPLY WITH A PROVISION OF COMMUNITY LAW HAVING DIRECT EFFECT IN THE INTERNAL LEGAL ORDER , THE RIGHTS ACCRUING TO INDIVIDUALS DERIVE NOT FROM THE JUDGMENT FINDING THAT THAT STATE HAS FAILED TO FULFIL ITS OBLIGATIONS BUT FROM THE ACTUAL PROVISIONS OF COMMUNITY LAW .
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Summary



Keywords

1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( COUNCIL REGULATIONS NOS 1719/80 , 3305/80 AND 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

2 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - ABSENCE OF COMMUNITY RULES CONCERNING LICENCES DURING THE TIME BETWEEN THE PERIODS COVERED BY REGULATIONS NOS 3305/80 AND 554/81 - EFFECT ON CRIMINAL PROCEEDINGS INSTITUTED AGAINST FISHERMEN NOT HOLDING A LICENCE - APPRAISAL - JURISDICTION OF THE NATIONAL COURTS

( EEC TREATY , ART . 177 ; COUNCIL REGULATIONS NOS 3305/80 AND 554/81 )

Summary

1 . THE INTERIM FISHERIES REGIME ESTABLISHED BY THE COMMUNITY PENDING THE ENTRY INTO FORCE OF THE AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN IT AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF FISHERY ZONES AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES . THOSE RELATIONS WERE SUBSTITUTED FOR THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO FISHING ON THE HIGH SEAS AND THE INCREASINGLY URGENT NEED TO CONSERVE THE LIVING RESOURCES OF THE SEA . IT FOLLOWS THAT SPANISH FISHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL COMMITMENTS AS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .

2 . WITHIN THE FRAMEWORK OF CRIMINAL PROCEEDINGS AGAINST SPANISH FISHERMEN CHARGED WITH FISHING IN FRENCH TERRITORIAL WATERS WITHOUT BEING IN POSSESSION OF A FISHING LICENCE IT IS FOR THE NATIONAL COURT TO CONSIDER THE CONSEQUENCES OF THE ABSENCE OF ANY COMMUNITY REGULATIONS CONCERNING FISHING LICENCES APPLICABLE TO SPANISH FISHING VESSELS DURING THE TIME BETWEEN THE PERIODS WHEN REGULATIONS NOS 3305/80 AND 554/81 WERE IN FORCE .
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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING BENEFITS - INAPPLICABILITY TO PERSONS IN RECEIPT OF BENEFITS OF THE SAME KIND AWARDED UNDER REGULATION NO 1408/71 - ' ' BENEFITS ' ' OF THE SAME KIND - CRITERIA - IDENTICAL PURPOSE AND BASIS OF CALCULATION

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 12 ( 2 ) AND CHAPTER 3 )

2.SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - RIGHT ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE - APPLICABILITY OF NATIONAL RULES AGAINST OVERLAPPING BENEFITS - LIMITS - COMMUNITY RULES MORE FAVOURABLE TO THE WORKER

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 12 ( 2 ) AND ARTICLE 46 ( 3 ))

3.SOCIAL SECURITY FOR MIGRANT WORKERS - FINANCIAL PROVISIONS - COMMUNITY RULES ON THE CONVERSION OF CURRENCIES - INAPPLICABILITY TO BENEFITS AWARDED ON THE BASIS OF NATIONAL LEGISLATION ALONE

( REGULATION NO 574/72 OF THE COUNCIL , ARTICLE 107 )

4.SOCIAL SECURITY FOR MIGRANT WORKERS - FINANCIAL PROVISIONS - COMMUNITY RULES ON THE CONVERSION OF CURRENCIES - BENEFITS AWARDED PURSUANT TO COMMUNITY LAW - VARIATIONS IN THE RATES OF CONVERSION OF CURRENCIES - PERIODICAL RECALCULATION OF BENEFITS - OBLIGATION - ABSENCE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLES 46 AND 51 ; REGULATION NO 574/72 OF THE COUNCIL , ARTICLE 107 )

Summary

1 . IRRESPECTIVE OF THE CHARACTERISTICS PECULIAR TO THE VARIOUS NATIONAL LAWS , SOCIAL SECURITY BENEFITS MUST BE CONSIDERED TO BE OF THE SAME KIND WHEN THEIR PURPOSE AND BASIS OF CALCULATION ARE THE SAME . IN THAT RESPECT , BENEFITS ACQUIRED UNDER THE LEGISLATION OF TWO MEMBER STATES , WHICH SEEKS TO ENSURE THAT AN AGED PERSON DEPRIVED OF THE INCOME OF HIS OR HER DECEASED SPOUSE HAS SUFFICIENT MEANS OF SUBSISTENCE , AND THE RESPECTIVE AMOUNTS OF WHICH ARE DETERMINED ON THE BASIS OF THE INSURANCE AND SOCIAL SECURITY CONTRIBUTIONS OF THAT SPOUSE , MUST BE CONSIDERED TO BE BENEFITS OF THE SAME KIND BY REASON OF THEIR IDENTICAL PURPOSE AND BASIS OF CALCULATION .

2 . WHEN A WORKER RECEIVES A PENSION PURSUANT TO NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THAT LEGISLATION FROM BEING APPLIED TO HIM IN ITS ENTIRETY , INCLUDING THE NATIONAL RULES AGAINST OVERLAPPING BENEFITS . IF , HOWEVER , THE APPLICATION OF THAT NATIONAL LEGISLATION IS LESS FAVOURABLE TO THE WORKER THAN THE APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 , THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED . ON THE LATTER SUPPOSITION , PARAGRAPH ( 3 ) OF ARTICLE 46 IS APPLICABLE TO THE EXCLUSION OF RULES AGAINST OVERLAPPING LAID DOWN BY NATIONAL LEGISLATION .

3 . WHERE BENEFITS OF THE SAME KIND ARE GRANTED OR AWARDED IN DIFFERENT MEMBER STATES ON THE BASIS OF ANALOGOUS NATIONAL RULES , WITHOUT ANY REFERENCE TO THE PROVISIONS OF REGULATION NO 1408/71 , THERE ARE NO GROUNDS FOR APPLYING THE METHOD OF CURRENCY CONVERSION SET OUT IN ARTICLE 107 OF REGULATION NO 574/72 .

4 . NO PROVISION OF COMMUNITY LAW REQUIRES THE PERIODICAL RECALCULATION , BY REASON OF A VARIATION IN THE RATES OF CONVERSION OF CURRENCIES , OF A SOCIAL SECURITY BENEFIT WHOSE AMOUNT HAS BEEN ESTABLISHED IN ANOTHER MEMBER STATE .
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Keywords

OFFICIALS - NON-CONTRACTUAL LIABILITY OF THE INSTITUTIONS - WRONGFUL ACT OR OMISSION ON THE PART OF THE ADMINISTRATION - MATERIAL DAMAGE AND DISFIGUREMENT - COMPENSATION - DETAILED RULES
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1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - ABSENCE - JUSTIFICATION ON GROUNDS BASED ON THE INTERNAL LEGAL SYSTEM - NOT POSSIBLE

( EEC TREATY , ARTS . 169 AND 189 , THIRD PARAGRAPH )

2 . MEASURES ADOPTED BY INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - IMPLEMENTATION BY MEANS OF ADMINISTRATIVE PRACTICES - NOT SUFFICIENT

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

Summary

1 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

2 . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE CHANGED ACCORDING TO THE WHIM OF THE AUTHORITIES AND WHICH LACK APPROPRIATE PUBLICITY CANNOT BE REGARDED AS CONSTITUTING A VALID IMPLEMENTATION OF THE DUTY IMPOSED ON MEMBER STATES BY THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY .
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Summary



Keywords

FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME

( COUNCIL REGULATIONS NOS 1177/79 , 2897/79 , 541/80 , 1719/80 , 3305/80 AND 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )

Summary

THE INTERIM FISHERIES REGIME ESTABLISHED BY THE COMMUNITY PENDING THE ENTRY INTO FORCE OF THE AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN IT AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF FISHERY ZONES AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES . THOSE RELATIONS WERE SUBSTITUTED FOR THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES 1IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO FISHING ON THE HIGH SEAS AND THE INCREASINGLY URGENT NEED TO CONSERVE THE LIVING RESOURCES OF THE SEA . IT FOLLOWS THAT SPANISH FISHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL COMMITMENTS AS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .
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Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRODUCTION AND MARKETING OF PRODUCTS - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBILITY - CONDITIONS AND LIMITS

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF THE MARKETING OF BEER WHOSE ACIDITY EXCEEDS A MAXIMUM LEVEL - EXTENSION OF PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN THE EXPORTING MEMBER STATE - PROHIBITION

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF STATEMENT OF STRENGTH OF ORIGINAL WORT OF THE BEER ON PRE-PACKAGING OR LABEL THEREOF - EXTENSION OF PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN THE EXPORTING MEMBER STATE - PROHIBITION - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

1 . IN THE ABSENCE OF COMMON RULES , OBSTACLES TO FREE MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS RELATING TO THE PRODUCTION AND MARKETING OF PRODUCTS , MUST BE ACCEPTED IN SO FAR AS SUCH RULES , APPLICABLE TO DOMESTIC AND TO IMPORTED PRODUCTS WITHOUT DISTINCTION , MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING INTER ALIA TO FAIRNESS IN COMMERCIAL DEALINGS AND CONSUMER PROTECTION .

2 . IF THE RULES ON TRADING IN BEER , ADOPTED BY A MEMBER STATE IN ORDER TO DEFINE THE DIFFERENT TYPES OF BEER TRADITIONALLY BREWED IN A CERTAIN PART OF THE COMMUNITY AND TO SAFEGUARD ITS TYPICAL TASTE , PROHIBIT THE MARKETING OF ANY BEER WHOSE ACIDITY EXCEEDS A CERTAIN LEVEL , UNLESS THAT BEER IS PRODUCED BY PROCESSES TRADITIONALLY USED IN THAT PART OF THE COMMUNITY TO OBTAIN SOUR BEER , THE EXTENSION OF THAT PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY .

3 . THE EXTENSION BY A MEMBER STATE OF A PROHIBITION OF A STATEMENT OF THE STRENGTH OF THE ORIGINAL WORT OF BEER ON THE PRE-PACKAGING OR THE LABEL THEREOF TO BEER IMPORTED FROM OTHER MEMBER STATES , NECESSITATING AN ALTERATION OF THE LABEL UNDER WHICH THE IMPORTED BEER , IS LAWFULLY MARKETED IN THE EXPORTING MEMBER STATE , MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY , UNLESS SUCH STATEMENT , REGARD BEING HAD TO ITS SPECIFIC TERMS , IS OF SUCH A KIND AS TO MISLEAD THE PURCHASER .
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Keywords

1 . COMMUNITY LAW - GENERAL PRINCIPLES - PROPORTIONALITY - PROPORTIONAL NATURE OF A MEASURE - CRITERIA FOR ASSESSMENT

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER OFFERED FOR SALE AT A REDUCED PRICE - COMPULSORY PROCESSING OF BUTTER WITHIN A SPECIFIED PERIOD - PROVISION OF SECURITY BY THE SUCCESSFUL TENDERER - FAILURE TO OBSERVE THE PROCESSING PERIOD - TOTAL FORFEITURE OF THE SECURITY - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( REGULATIONS ( EEC ) OF THE COMMISSION NOS 1259/72 , ART . 18 ( 2 ) AND 232/75 , ARTS 18 ( 2 ) AND 19 )

Summary

1 . IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN THE SECOND PLACE , WHETHER THEY ARE NECESSARY FOR ITS ACHIEVEMENT .

2.THE PROVISIONS WHICH REQUIRE THE FORFEITURE OF THE SECURITY IN FULL WHEN THE PROCESSING PERIOD FOR BUTTER OFFERED FOR SALE AT A REDUCED PRICE IS EXCEEDED SEEK TO PREVENT SUCCESSFUL TENDERERS FROM ACCUMULATING STOCKS FOR SPECULATIVE PURPOSES . SUCH SPECULATION WOULD CONFLICT WITH THE PURPOSE OF REGULATIONS NOS 1259/72 AND 232/75 RELATING TO THE SALE OF BUTTER AT A REDUCED PRICE , BECAUSE A VERY LARGE PERCENTAGE OF THE BUTTER SOLD IN THAT WAY WOULD NOT BE PROCESSED , BUT WOULD BE USED TO ACCUMULATE STOCKS WHICH WOULD BE PARTLY FINANCED BY THE COMMUNITY BUDGET OUTSIDE THE FRAMEWORK OF THE REGULATIONS IN QUESTION . IT FOLLOWS THAT PREVENTING SPECULATION IS AN AIM OF FUNDAMENTAL IMPORTANCE TO THE PROPER FUNCTIONING OF THE SYSTEM . IN THOSE CIRCUMSTANCES THE TOTAL FORFEITURE OF THE SECURITY WHEN THE PERIODS PRESCRIBED BY THE COMMUNITY LEGISLATION ARE EXCEEDED IS A MEASURE WHICH IS PROPORTIONATE TO THE AIMS PURSUED BY REGULATIONS NOS 1259/72 AND 232/75 .