ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - RATIONALIZATION OF DEPARTMENTS AFTER THE MERGER TREATY - POWERS OF THE COMMISSION

( REGULATION NO 259/68 OF THE COUNCIL, ARTICLE 4 )

2 . OFFICIALS - DECISION ADVERSELY AFFECTING - STATEMENT OF REASONS - SCOPE

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC, ARTICLE 25 )

3 . OFFICIALS - DECISIONS CONCERNING OFFICIALS - REVIEW BY THE COURT - LIMITS

Summary

1 . IN CONFERRING ON THE COMMISSION POWER TO TAKE MEASURES, IN PARTICULAR PURSUANT TO ARTICLE 4 OF REGULATION NO 259/68, TERMINATING THE SERVICE OF INDIVIDUALS CONSEQUENT UPON THE RATIONALIZATION AND THE REDUCTION OF STAFF, THE COUNCIL DID NOT DELEGATE LEGISLATIVE POWERS TO THE COMMISSION BUT ENTRUSTED IT WITH THE PRACTICAL IMPLEMENTATION OF THE RULES WHICH IT LAID DOWN IN THAT REGULATION WITHIN THE LIMITS OF THE JURISDICTION CONFERRED ON IT BY THE TREATY .

2 . THE DUTY TO STATE THE REASONS FOR A DECISION ADVERSELY AFFECTING AN OFFICIAL IS FULFILLED WHEN THE REASONS ON WHICH THE MEASURE IN QUESTION IS BASED ARE SHOWN CLEARLY AND UNAMBIGUOUSLY . THE ADMINISTRATION CANNOT BE EXPECTED TO GO FURTHER AND GIVE PARTICULARS OF ITS ASSESSMENT OF HIM IN COMPARISON WITH EACH OF THE OTHER OFFICIALS OF EQUAL RANK WHO ARE NOT THE SUBJECT OF THE SAME MEASURE .

3 . ALTHOUGH THE COURT MAY NOT SUBSTITUTE ITS OWN VALUED JUDGMENT FOR THAT OF THE COMMISSION, IT MAY NEVERTHELESS CHECK WHETHER THE DECISION TERMINATING AN OFFICIAL'S SERVICE WAS TAKEN HAVING REGARD TO THE CRITERIA LAID DOWN IN ARTICLE 4 OF REGULATION NO 259/68 AND WITH THE OBJECT OF RATIONALIZING ITS DEPARTMENTS .
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1 . POLICY OF THE EEC - RULES ON COMPETITION - CARTELS - AGREEMENTS WHICH MAY AFFECT TRADE BETWEEN MEMBER STATES - EFFECT ON IMPORTS OR EXPORTS BETWEEN MEMBER STATES IS NOT A CONDITION FOR THE APPLICATION OF THIS CRITERION

( EEC TREATY, ARTICLE 85; REGULATION NO 17 OF THE COUNCIL OF THE EEC, ARTICLE 4 )

2 . POLICY OF THE EEC - RULES ON COMPETITION - EXCLUSIVE SUPPLY AGREEMENTS - EXECUTION NOT REQUIRING THE GOODS IN QUESTION TO CROSS NATIONAL FRONTIERS - DO NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES

( REGULATION NO 17 OF THE COUNCIL OF THE EEC, ARTICLE 4 )

3 . POLICY OF THE EEC - RULES ON COMPETITION - APPLICATION BEFORE THE ADOPTION OF IMPLEMENTING PROVISIONS - AUTHORITIES OF THE MEMBER STATES WITH JURISDICTION - INCLUDE NATIONAL COURTS

( EEC TREATY, ARTICLE 88; REGULATION NO 17 OF THE COUNCIL OF THE EEC, ARTICLE 9 )

4 . POLICY OF THE EEC - RULES ON COMPETITION - APPLICATION BEFORE THE ADOPTION OF IMPLEMENTING PROVISIONS - AUTHORITIES OF THE MEMBER STATES WITH JURISDICTION - POWER TO APPLY ARTICLE 85 ( 1 ) AND ( 2 )

( REGULATION NO 17 OF THE COUNCIL OF THE EEC, ARTICLE 9 ( 3 ))

5 . POLICY OF THE EEC - RULES ON COMPETITION - AGREEMENTS EXEMPT FROM NOTIFICATION - ABSENCE OF NOTIFICATION - VALIDITY OF SUCH AGREEMENTS FOR SO LONG AS THEY HAVE NOT BEEN FOUND TO BE VOID

( EEC TREATY, ARTICLE 85 ( 2 ))

Summary

1 . IT IS POSSIBLE THAT AN AGREEMENT BETWEEN UNDERTAKINGS, ALTHOUGH IT DOES NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 4 ( 2 ) ( 1 ) OF REGULATION NO 17, MAY AFFECT TRADE BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY .

2 . EXCLUSIVE SUPPLY AGREEMENTS, THE EXECUTION OF WHICH DOES NOT REQUIRE THE GOODS IN QUESTION TO CROSS NATIONAL FRONTIERS, DO NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 4 ( 2 ) ( 1 ) OF REGULATION NO 17 .

3 . ARTICLE 88 OF THE EEC TREATY REFERS TO NATIONAL RULES ON JURISDICTION AND PROCEDURE, WITH THE RESULT THAT THE PHRASE " AUTHORITIES IN MEMBER STATES " WHICH APPEARS BOTH IN THIS PROVISION AND IN ARTICLE 9 ( 3 ) OF REGULATION NO 17 INCLUDES NATIONAL COURTS .

4 . THE ACKNOWLEDGED POWER OF THE AUTHORITIES IN MEMBER STATES TO APPLY ARTICLE 85 ( 1 ) OF THE EEC TREATY IMPLIES THE POWER TO APPLY PARAGRAPH ( 2 ) OF THAT ARTICLE .

5 . AN AGREEMENT BETWEEN UNDERTAKINGS WHICH IS EXEMPT FROM NOTIFICATION AND WHICH HAS NOT BEEN NOTIFIED IS FULLY EFFECTIVE FOR SO LONG AS IT HAS NOT BEEN FOUND TO BE VOID .
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OFFICIALS - RECRUITMENT - COMPULSORY PROCEDURES

Summary

THE APPOINTMENT AND ESTABLISHMENT OF SERVANTS MAY ONLY BE EFFECTED IN ACCORDANCE WITH THE PROCEDURES AND REQUIREMENTS LAID DOWN BY THE STAFF REGULATIONS .
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1 . PROCEDURE - APPLICATION - ADMISSIBILITY - CONDITIONS - REFERENCE TO OTHER PROCEEDINGS - PERMISSIBILITY

( RULES OF PROCEDURE, ARTICLE 38 )

2 . PROCEDURE - ACTION FOR DAMAGES - INDEPENDENT NATURE - RESULT COMPARABLE TO THAT OF ACTION FOR FAILURE TO ACT - PERMISSIBILITY

( EEC TREATY, ARTICLES 178, 215 )

3 . LIABILITY - FISCAL PROVISIONS - CUMULATIVE MULTI-STAGE TAX - ESTABLISHMENT OF AVERAGE RATES - DISCRETIONARY POWER OF THE STATE AND OF THE COMMISSION - EXCLUSION OF LIABILITY

( EEC TREATY, ARTICLE 97 )

Summary

1 . AN APPLICATION SATISFIES THE REQUIREMENTS OF ARTICLE 38 ( 1 ) OF THE RULES OF PROCEDURE WHEN IT CONTAINS ALL THE DETAILS NECESSARY TO ESTABLISH WITH CERTAINTY THE SUBJECT-MATTER OF THE DISPUTE AND THE LEGAL SCOPE OF THE GROUNDS INVOKED IN SUPPORT OF THE SUBMISSIONS .

ITS ADMISSIBILITY IS NOT AFFECTED BY REFERENCE, IN ADDITION, TO OTHER PROCEEDINGS BROUGHT BEFORE THE COURT .

2 . THE ACTION FOR DAMAGES PROVIDED FOR BY ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 WAS ESTABLISHED BY THE TREATY AS AN INDEPENDENT FORM OF ACTION WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS AND SUBJECT TO CONDITIONS FOR ITS USE CONCEIVED WITH A VIEW TO ITS SPECIFIC PURPOSE .

IT WOULD BE CONTRARY TO THE INDEPENDENT NATURE OF THIS ACTION AS WELL AS TO THE EFFICACY OF THE GENERAL SYSTEM OF FORMS OF ACTION CREATED BY THE TREATY TO REGARD AS A GROUND OF INADMISSIBILITY THE FACT THAT, IN CERTAIN CIRCUMSTANCES, AN ACTION FOR DAMAGES MIGHT LEAD TO A RESULT SIMILAR TO THAT OF AN ACTION FOR FAILURE TO ACT UNDER ARTICLE 175 .

3 . THE SYSTEM PROVIDED FOR BY ARTICLE 97 IMPLIES, ON THE PART OF STATES WHICH HAVE RECOURSE TO IT, THE EXERCISE OF A DISCRETION IN REGARD TO THE ASSESSMENT OF THE BURDEN OF TAX ON THE DOMESTIC PRODUCT WHICH DETERMINES THE LEVEL OF THE AVERAGE RATES AND THE TAX PROCEDURE .

IT IMPLIES, ON THE PART OF THE COMMISSION, A POWER OF SUPERVISION THE EXERCISE OF WHICH PRESUPPOSES BOTH A DISCRETION TO APPRAISE THE FACTORS WHICH THE STATE HAS TAKEN INTO CONSIDERATION AND RESPECT FOR THE MARGIN OF DISCRETION LEFT TO THE STATE CONCERNED .

AS LONG AS THE COMMISSION HAS NOT EXCEEDED THESE DISCRETIONARY POWERS, THE LIABILITY OF THE COMMUNITY DOES NOT ARISE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY, OLD-AGE AND DEATH INSURANCE - AGGREGATION OF COMPLETED INSURANCE PERIODS - APPLICATION OF ARTICLE 28 ( 2 ) OF REGULATION NO 4 - PURPOSE - LIMITS

Summary

AS THE OBJECT OF ARTICLE 28 ( 2 ) OF REGULATION NO 4 IS TO SIMPLIFY ADMINISTRATION IT CANNOT AFFECT ADVERSELY THE RIGHTS STEMMING FROM ARTICLE 51 OF THE EEC TREATY IN FAVOUR OF INDIVIDUALS . WHERE A PERIOD OF LESS THAN SIX MONTHS CANNOT BE TAKEN INTO ACCOUNT IN ANOTHER MEMBER STATE FOR LACK OF SUFFICIENT INSURANCE PERIODS COMPLETED UNDER ITS LEGISLATION AN ESSENTIAL PREREQUISITE FOR THE APPLICATION OF THIS PROVISION IS LACKING . IN THIS CASE THE CONDITIONS RELATING TO THE ACQUISITION BY THE MIGRANT WORKER OF THE RIGHT TO OLD-AGE, DEATH AND INVALIDITY BENEFITS ARE SOLELY GOVERNED BY THE GENERAL PROVISIONS OF ARTICLES 26 TO 28 OF REGULATION NO 3 .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT AND EXPORT LICENCES GUARANTEED BY A DEPOSIT - NECESSARY AND APPROPRIATE NATURE OF THAT SYSTEM - ABSENCE OF VIOLATION OF FUNDAMENTAL RIGHTS

( EEC TREATY, ARTICLES 40 AND 43; REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 12 ( 1 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORT OR EXPORT LICENCES - ADVANCE FIXING OF THE LEVY - FORFEITURE OF DEPOSIT - CALCULATION - RATE OF LEVY APPLICABLE

( REGULATION NO 183/67 OF THE COMMISSION, ARTICLE 8 ( 3 ) ( B ))

3 . REGULATION - IMPLEMENTING REGULATION OF THE COUNCIL - CANNOT DEROGATE FROM THE BASIC REGULATION

( EEC TREATY, ARTICLE 43 ( 2 ), THIRD SUBPARAGRAPH; REGULATION NOS 120/67, ARTICLE 15 ( 4 ), AND 140/67 OF THE COUNCIL )

Summary

1 . THE REQUIREMENT BY THE AGRICULTURAL REGULATIONS OF THE COMMUNITY OF IMPORT AND EXPORT LICENCES INVOLVING FOR THE LICENSEES AN UNDERTAKING TO EFFECT THE PROPOSED TRANSACTIONS UNDER THE GUARANTEE OF A DEPOSIT CONSTITUTES A METHOD WHICH IS BOTH NECESSARY AND APPROPRIATE, FOR THE PURPOSES OF ARTICLE 40 ( 3 ) AND 43 OF THE EEC TREATY, TO ENABLE THE COMPETENT AUTHORITIES TO DETERMINE IN THE MOST EFFECTIVE MANNER THEIR INTERVENTIONS ON THE MARKET IN CEREALS .

THE SYSTEM OF LICENCES VIOLATES NO FUNDAMENTAL RIGHT .

2 . THE LEVY FIXED IN ADVANCE, WHICH IS TO BE TAKEN INTO CONSIDERATION IN CALCULATING THE DEPOSIT OR PART OF THE DEPOSIT WHICH IS FORFEIT, IS THE RATE OF LEVY FIXED FOR THE MONTH OF IMPORTATION AS STATED IN THE APPLICATION FOR THE IMPORT LICENCE .

3 . AN IMPLEMENTING REGULATION ADOPTED BY THE COUNCIL PURSUANT TO A POWER CONTAINED IN THE BASIC REGULATION FROM WHICH IT DERIVES CANNOT DEROGATE FROM THE PROVISIONS OF THAT REGULATION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT LICENCES - REFUND FIXED IN ADVANCE - DEPOSIT - AMOUNT - FIXING SUCH AMOUNT

( REGULATION NO 102/64 OF THE COMMISSION, ARTICLE 7 )

Summary

THE REQUIREMENT OF A HIGHER DEPOSIT IN CASES OF ADVANCE FIXING OF THE REFUND IS A METHOD NECESSARY TO GUARANTEE COMPLIANCE ON THE PART OF EXPORTERS WITH THE OBLIGATION ATTACHED TO THE ISSUE OF THE LICENCE AND THEREBY TO ENSURE THE ACCURACY OF THE FORECASES OF FUTURE MARKET TRENDS .

DETERMINATION OF THE AMOUNT OF THE DEPOSIT FALLS WITHIN THE DISCRETION OF THE AUTHORITY HAVING THE POWER TO ADOPT REGULATIONS IN THE MATTER . THE AMOUNT FIXED BY REGULATION NO 102/64 IS IN NO WAY EXCESSIVE, TAKING INTO ACCOUNT THE SIZE OF PRICE FLUCTUATIONS .
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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - CALCULATION OF EMOLUMENTS BY THE ADMINISTRATION - DISAGREEMENTS BETWEEN THE LATTER AND THE OFFICIAL CONCERNED - ACT ADVERSELY AFFECTING AN OFFICIAL

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

2 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - CHOICE OF THE OFFICIAL CONCERNED BETWEEN APPEAL TO THE COURT AND PRESERVATION OF THE PERIOD FOR LODGING AN APPEAL TO THE COURT BY SUBMITTING A REQUEST THROUGH OFFICIAL CHANNELS WITHIN THAT PERIOD

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

3 . OFFICIALS - REQUEST THROUGH OFFICIAL CHANNELS - PROVISIONAL REPLY FROM THE ADMINISTRATION GIVING NOTICE OF A SUBSEQUENT DECISION - ABSENCE OF DECISION

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

4 . OFFICIALS - APPEAL TO THE COURT - TIME-LIMITS - MATTER OF PUBLIC POLICY - EXTENSION NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

5 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - MEASURE CONFIRMING A PREVIOUS MEASURE - ABSENCE OF ACT ADVERSELY AFFECTING AN OFFICIAL - APPLICATION AGAINST SUCH A MEASURE - PERIOD FOR LODGING AN APPLICATION AGAINST THE PREVIOUS ACT - CANNOT START TO RUN AFRESH

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

Summary

1 . A DOCUMENT DRAWN UP BY THE FINANCIAL CONTROLLER AND THE AUTHORIZING OFFICER OF AN INSTITUTION CONSTITUTES A DECISION WHEN IT INDICATES CLEARLY THAT THE EMOLUMENTS OF A GIVEN OFFICIAL MUST BE CALCULATED ON A DIFFERENT BASIS FROM THAT WHICH THE OFFICIAL HAS CLAIMED AND GIVES REASONS IN SUPPORT THEREOF .

2 . WHEN A DECISION AFFECTS HIM ADVERSELY, THE OFFICIAL CONCERNED HAS THE CHOICE OF EITHER DIRECTLY LODGING AN APPEAL WITHIN THE PERIOD LAID DOWN BY THE FIRST PARAGRAPH OF ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS OR OF PRESERVING THE RIGHT OF APPEAL BY SUBMITTING WITHIN THAT PERIOD UNDER ARTICLE 90 OF THE SAME STAFF REGULATIONS A COMPLAINT AGAINST THE DECISION TAKEN RELATING TO HIM .

3 . A MEMORANDUM WHICH MERELY GIVES NOTICE OF A SUBSEQUENT DECISION ON A COMPLAINT SUBMITTED BY A SERVANT DOES NOT CONSTITUTE A DECISION WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS . ITS EXISTENCE DOES NOT THEREFORE MAKE IT IMPOSSIBLE THAT THERE SHOULD BE " NO DECISION " WITHIN THE MEANING OF THAT PROVISION .

4 . THE PERIODS LAID DOWN IN ARTICLE 91 OF THE STAFF REGULATIONS ARE MATTERS OF PUBLIC POLICY . THEREFORE, THE PROVISION THAT AT THE EXPIRATION OF TWO MONTHS FROM THE DATE WHEN A COMPLAINT HAS BEEN LODGED, THE FACT THAT THE AUTHORITY HAS TAKEN NO DECISION MUST BE CONSIDERED AN IMPLIED DECISION REJECTING IT APPLIES EVEN WHERE, AT THE TIME WHEN THAT IMPLIED DECISION IS DEEMED TO HAVE BEEN MADE, THE SAID AUTHORITY STILL HOPED TO BE ABLE TO GIVE A FAVOURABLE REPLY TO THE COMPLAINT .

5 . A DECISION WHICH MERELY CONFIRMS A PREVIOUS DECISION, EVEN AN IMPLIED DECISION, CANNOT AFFECT AN OFFICIAL ADVERSELY . THEREFORE AN APPEAL LODGED AGAINST THAT SUBSEQUENT DECISION CANNOT START THE PERIOD LAID DOWN BY THE STAFF REGULATIONS FOR LODGING THE APPEAL DIRECTED AGAINST THE PREVIOUS DECISION TO RUN AFRESH .
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SOCIAL POLICY OF THE EEC - MEN AND WOMEN WORKERS - PAY - CONCEPT - SOCIAL SECURITY BENEFITS - RETIREMENT PENSIONS - SCHEMES ESTABLISHED BY LEGISLATION - EXCLUSION - DISCRIMINATION

( EEC TREATY, ARTICLE 119 )

Summary

THE CONCEPT OF PAY AS DEFINED IN ARTICLE 119 OF THE EEC TREATY DOES NOT INCLUDE SOCIAL SECURITY SCHEMES OR BENEFITS DIRECTLY GOVERNED BY LEGISLATION WITHOUT ANY ELEMENT OF AGREEMENT WITHIN THE UNDERTAKING OR THE OCCUPATIONAL BRANCH CONCERNED, WHICH ARE OBLIGATORILY APPLICABLE TO GENERAL CATEGORIES OF WORKERS OR WHICH, WITHIN THE FRAMEWORK OF SUCH A GENERAL SYSTEM ESTABLISHED BY LEGISLATION, RELATE TO CERTAIN CATEGORIES OF WORKERS IN PARTICULAR .

THIS APPLIES ESPECIALLY TO RETIREMENT PENSION SCHEMES WHICH GIVE WORKERS THE BENEFIT OF A LEGAL SYSTEM, THE FINANCING OF WHICH, WORKERS, EMPLOYERS AND POSSIBLY THE PUBLIC AUTHORITIES CONTRIBUTE IN A MEASURE DETERMINED LESS BY THE EMPLOYMENT RELATIONSHIP BETWEEN THE EMPLOYER AND THE WORKER THAN BY CONSIDERATIONS OF SOCIAL POLICY . THE PART DUE FROM THE EMPLOYER IN THE FINANCING OF SUCH SCHEMES DOES NOT CONSTITUTE A DIRECT OR INDIRECT PAYMENT TO THE WORKER; THE LATTER RECEIVES THE BENEFITS LEGALLY PRESCRIBED SOLELY BY REASON OF THE FACT THAT HE FULFILS THE LEGAL CONDITIONS REQUIRED FOR THEIR BEING GRANTED .

SITUATIONS INVOLVING DISCRIMINATION RESULTING FROM THE APPLICATION OF SUCH A SCHEME ARE NOT SUBJECT TO THE REQUIREMENTS OF ARTICLE 119 .
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SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE PENSIONS - RIGHT ACQUIRED BY VIRTUE OF INSURANCE PERIODS COMPLETED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE - REDUCTION BY MEANS OF AGGREGATION AND PRO RATA CALCULATION - PROHIBITED EXCEPT IN THE CASE OF OVERLAPPING OF BENEFITS FOR THE SAME PERIOD

( REGULATION NO 3 OF THE COUNCIL, ARTICLES 27 AND 28 )

Summary

WHEN IN ONE MEMBER STATE THE RIGHT TO AN OLD-AGE PENSION ARISES BY REASON OF INSURANCE PERIODS COMPLETED SOLELY UNDER THE LEGISLATION OF THAT STATE WITHOUT ITS BEING NECESSARY TO REFER TO PERIODS COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES, THE COMPETENT INSTITUTION OF THE FIRST STATE IS NOT EMPOWERED TO APPLY ARTICLES 27 AND 28 OF REGULATION NO 3 IN ORDER TO REDUCE THE BENEFIT WHICH IT IS OBLIGED TO PAY BY VIRTUE OF ITS OWN LEGISLATION, AT LEAST IN SO FAR AS THAT BENEFIT DOES NOT RELATE TO PERIODS WHICH HAVE ALREADY BEEN TAKEN INTO ACCOUNT IN THE CALCULATION OF THE AMOUNT OF THE BENEFIT PAID BY THE COMPETENT INSTITUTION OF ANOTHER STATE .
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PROCEDURE - FAILURE TO ACT ON THE PART OF THE EXECUTIVE - CONCEPT

( EEC TREATY, ARTICLE 175 )

Summary

ARTICLE 175 OF THE EEC TREATY REFERS TO FAILURE TO ACT IN THE SENSE OF FAILURE TO TAKE A DECISION OR TO DEFINE A POSITION, AND NOT THE ADOPTION OF A MEASURE DIFFERENT FROM THAT DESIRED OR CONSIDERED NECESSARY BY THE PERSONS CONCERNED .
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1 . COMMUNITY LAW - UNIFORM INTERPRETATION AND APPLICATION

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - COMMUNITY SCOPE

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 7; REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 1028/68 OF THE COMMISSION, ARTICLE 3 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - CONCEPT

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 7; REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 1028/68 OF THE COMMISSION, ARTICLE 3 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - ESSENTIAL PROCEDURAL REQUIREMENTS - INCOMPLETE OFFER - REGULARIZATION

( REGULATION NO 120/67 OF THE COUNCIL, ARTICLE 7; REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1; REGULATION NO 1028/68 OF THE COMMISSION, ARTICLE 3 )

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - OFFER FOR INTERVENTION - GOODS - PLACING AT THE DISPOSAL OF THE INTERVENTION AGENCY

( REGULATION NO 132/67 OF THE COUNCIL, ARTICLE 1 )

6 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - INTERVENTION MACHINERY - RULES - MANDATORY NATURE

( EEC TREATY, ARTICLE 40 )

Summary

1 . TERMS USED IN COMMUNITY LAW MUST BE UNIFORMLY INTERPRETED AND IMPLEMENTED THROUGHOUT THE COMMUNITY, EXCEPT WHEN AN EXPRESS OR IMPLIED REFERENCE IS MADE TO NATIONAL LAW .

2 . THE TERMS " OFFER " AND " OFFERED ", CONTAINED IN REGULATIONS NO 120/67, 132/67 AND 1028/68, MUST BE UNIFORMLY INTERPRETED IN MEMBER STATES, IN ACCORDANCE WITH THE OBJECTIVES OF THE INTERVENTION SYSTEM LAID DOWN BY THOSE REGULATIONS .

3 . IN ACCORDANCE WITH THE ABOVE REGULATIONS, AN OFFER MUST BE CONSIDERED AS EFFECTIVELY MADE WHEN IT IS RECEIVED IN WRITING BY THE INTERVENTION AGENCY .

4 . IN ORDER TO BE VALID AND BINDING UPON THE INTERVENTION AGENCY, AN OFFER FOR INTERVENTION MUST STATE WHERE THE GOODS OFFERED ARE OR WILL BE AT THE TIME WHEN THE OFFER IS MADE, THAT IS, AT THE TIME WHEN IT IS RECEIVED BY THE AGENCY . AN OFFER WHICH IS ORIGINALLY INCOMPLETE IN THIS RESPECT MAY SUBSEQUENTLY BE COMPLETED, BUT WILL BE EFFECTIVE ONLY WHEN IT SATISFIES ALL THE CONDITIONS UPON WHICH ITS VALIDITY DEPENDS .

5 . THE PHRASE " ARE WHEN THE OFFER IS MADE " CONTAINED IN ARTICLE 1 OF REGULATION NO 132/67 MUST BE INTERPRETED AS MEANING THAT THE GOODS OFFERED MUST, WHEN THE OFFER IS MADE, BE AT THE DISPOSAL OF THE INTERVENTION AGENCY, SO THAT ANY SUBSEQUENT CHANGE OF LOCATION REMAINS EXCLUSIVELY A MATTER FOR THE AGENCY .

6 . IF THE OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET ARE TO BE ATTAINED, THE INTRODUCTION OF THE INTERVENTION MACHINERY MUST FOLLOW RULES WHICH ARE AS UNIFORM AS POSSIBLE, SO AS NOT TO IMPEDE THE FREE MOVEMENT OF PRODUCTS WITHIN THE COMMUNITY UNDER NORMAL MARKET CONDITIONS . IN THE ABSENCE OF ANY CLEARLY EXPRESSED INTENTION ON THE PART OF THE DRAFTSMEN OF THE COMMUNITY REGULATIONS IT CANNOT BE CONSIDERED PERMISSIBLE FOR MEMBER STATES TO DEROGATE THEREFROM .
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1 . PROCEDURE - ACTION FOR DAMAGES - AUTONOMOUS NATURE - DIFFERENCE BETWEEN SUCH ACTION AND AN APPLICATION FOR ANNULMENT

( EEC TREATY, ARTICLE 178, ARTICLE 215 )

2 . PROCEDURE - ACTION FOR DAMAGES - ALTERNATIVE CLAIM FOR " ANOTHER FORM " OF COMPENSATION - INADMISSIBILITY

3 . EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE INVOLVING CHOICES OF POLICY - DAMAGE - VIOLATION OF A SUPERIOR RULE OF LAW

( EEC TREATY, ARTICLE 215 )

Summary

1 . THE ACTION FOR DAMAGES PROVIDED FOR BY ARTICLES 178 AND 215 OF THE TREATY WAS INTRODUCED AS AN AUTONOMOUS FORM OF ACTION, WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS AND SUBJECT TO CONDITIONS ON ITS USE DICTATED BY ITS SPECIFIC NATURE .

IT DIFFERS FROM AN APPLICATION FOR ANNULMENT IN THAT ITS END IS NOT THE ABOLITION OF A PARTICULAR MEASURE, BUT COMPENSATION FOR DAMAGE CAUSED BY AN INSTITUTION .

2 . A CLAIM FOR AN UNSPECIFIED FORM OF DAMAGES IS NOT SUFFICIENTLY CONCRETE AND MUST THEREFORE BE REGARDED AS INADMISSIBLE .

3 . WHERE LEGISLATIVE ACTION INVOLVING CHOICES OF ECONOMIC POLICY IS ONCERNED, THE COMMUNITY DOES NOT INCUR NON-CONTRACTUAL LIABILITY FOR DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT ACTION, BY VIRTUE OF THE PROVISIONS CONTAINED IN ARTICLE 215, SECOND PARAGRAPH, OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .
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1 . OFFICIALS - APPEAL AGAINST AN ADMINISTRATIVE DECISION - PARTIAL ANNULMENT REQUESTED - SUBMISSION NOT CONCERNING PUBLIC POLICY - ANNULMENT OF THE ENTIRE DECISION NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 91 )

2 . OFFICIALS - GRADE AND POST - CORRESPONDENCE - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLES 5 AND 7 )

Summary

1 . IF THE PARTIAL ANNULMENT OF A MEASURE IS REQUESTED WHEREAS THE SUBMISSION DIRECTED AGAINST THE CONTESTED DECISION DOES NOT CONCERN PUBLIC POLICY, THE ANNULMENT OF THE ENTIRE MEASURE BY THE COURT WOULD CONSTITUTE A RULING ULTRA PETITA .

2 . THE PRINCIPLE OF CORRESPONDENCE BETWEEN GRADE AND DUTIES MAY ONLY BE INVOKED IF THE PERSON CONCERNED ACTUALLY AND REGULARLY PERFORMS ALL THE DUTIES OF THE POST WHICH HE CLAIMS .
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OFFICIALS - REMOVAL IN THE INTERESTS OF THE SERVICE - EXPENSES - REIMBURSEMENT - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX VII, ARTICLE 9 )

Summary

ARTICLE 9 OF ANNEX VII TO THE STAFF REGULATIONS AIMS TO INDEMNIFY OFFICIALS FOR ACTUAL AND NECESSARY EXPENSES FOLLOWING A REMOVAL IN THE INTERESTS OF THE SERVICE .

ALTHOUGH THAT PROVISION MUST BE INTERPRETED WIDELY AND AN OFFICIAL WHO HAS ALREADY CHANGED HIS PLACE OF RESIDENCE PENDING HIS ESTABLISHMENT OR TRANSFER MUST NOT BE EXCLUDED FROM THE APPLICATION THEREOF, SUCH AN INTERPRETATION IS HOWEVER ONLY JUSTIFIED SO AS TO PREVENT THE OFFICIAL FROM HAVING TO BEAR THE EXPENSES INCURRED OUT OF HIS SALARY .