ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MEMBER STATES - INTERVENTION - ADMISSIBILITY - CONDITIONS

( EEC TREATY , ARTICLE 40 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRICE - FORMATION - MEMBER STATES - INTERVENTION - PROHIBITION

( REGULATION NO 120/67 OF THE COUNCIL , ARTICLE 2 )

3 . QUESTIONS REFERRED FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

4 . QUESTIONS REFERRED FOR PRELIMINARY RULING - JUDGMENT - PURPOSE - EFFECTS

( EEC TREATY , ARTICLE 177 )

Summary

1 . INTERVENTIONS BY A MEMBER STATE TO ARREST AT CONSUMER LEVEL THE PRICE OF CERTAIN FOODSTUFFS MADE FROM CEREALS ARE NOT INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN SO FAR AS THEY DO NOT JEOPARDIZE THE OBJECTIVES OR THE OPERATION OF THAT ORGANIZATION .

2 . THE ACTION OF A MEMBER STATE IN PURCHASING WHEAT ON THE WORLD MARKET AND SUBSEQUENTLY RESELLING IT ON THE COMMUNITY MARKET AT A PRICE LOWER THAN THE TARGET PRICE IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKETS .

3 . HAVING TO LIMIT ITSELF TO GIVING AN INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW , THE COURT CANNOT ITSELF ASSESS OR CLASSIFY THOSE ACTIVITIES OR THE PROVISIONS OF NATIONAL LAW RELATING THERETO . WITHIN THE FRAMEWORK OF PROCEEDINGS UNDER ARTICLE 177 , IT IS NOT FOR THE COURT OF JUSTICE TO INTERPRET NATIONAL LAW AND ASSESS ITS EFFECTS . THEREFORE , WITHIN THAT FRAMEWORK , IT CANNOT MAKE A COMPARISON OF ANY KIND WHATSOEVER BETWEEN THE EFFECTS OF THE DECISIONS OF THE NATIONAL COURTS AND THE EFFECTS OF ITS OWN DECISIONS .

4 . THE PURPOSE OF A PRELIMINARY RULING IS TO DECIDE A QUESTION OF LAW AND THAT RULING IS BINDING ON THE NATIONAL COURT AS TO THE INTERPRETATION OF THE COMMUNITY PROVISIONS AND ACTS IN QUESTION .
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Summary



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1 . QUESTIONS REFERRED FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . FREEDOM OF MOVEMENT FOR WORKERS - EQUALITY OF TREATMENT - MATTERS COVERED

( REGULATION NO 1612/68 , ARTICLE 7 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION - HANDICAPPED ADULTS - RIGHT TO ALLOWANCE - NATIONAL OF ANOTHER MEMBER STATE - COMMUNITY REGULATIONS - IMPLEMENTATION

( REGULATION NO 1408/71 , ARTICLE 1 ( F ), ARTICLE 2 ( 1 ))

Summary

1 . WHILST THE COURT , ACTING WITHIN THE FRAMEWORK OF ARTICLE 177 , HAS NO JURISDICTION TO PRONOUNCE ON A PROVISION OF NATIONAL LAW WITH REGARD TO A COMMUNITY RULE , IT CAN HOWEVER PROVIDE THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH COULD BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .

2 . IN THE LIGHT OF THE EQUALITY OF TREATMENT WHICH REGULATION NO 1612/68 SEEKS TO BRING ABOUT AND TAKING ACCOUNT OF THE PROVISIONS OF THAT REGULATION AS A WHOLE , THE MATTERS COVERED BY ARTICLE 7 ( 2 ) MUST BE DEFINED IN SUCH A WAY AS TO INCLUDE EVERY SOCIAL AND TAX ADVANTAGE , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT .

3 . PURSUANT TO REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 , NATIONAL LEGISLATION WHICH , IN A MEMBER STATE , GIVES A LEGALLY PROTECTED RIGHT TO AN ALLOWANCE FOR HANDICAPPED ADULTS TO THE NATIONALS OF THAT STATE WHO RESIDE THERE ALSO APPLIES TO A HANDICAPPED ADULT NATIONAL OF ANOTHER MEMBER STATE WHO HAS NEVER WORKED IN THE STATE WHICH HAS ADOPTED THE LEGISLATION IN QUESTION , BUT WHO RESIDES THERE AND IS DEPENDENT UPON HIS FATHER WHO IS EMPLOYED THERE AS A WORKER WITHIN THE MEANING OF THE SAID REGULATION .
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EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE CONSTITUTING A MEASURE TAKEN IN THE SPHERE OF ECONOMIC POLICY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 215 )

Summary

A MEASURE OF A LEGISLATIVE NATURE CONSTITUTING A MEASURE TAKEN IN THE SPHERE OF ECONOMIC POLICY CANNOT INCUR LIABILITY ON THE PART OF THE COMMUNITY UNDER THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 215 UNLESS A FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .
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Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK - WITHHOLDING FROM MARKET - PREMIUM - BEEF AND VEAL - PRODUCTION - ADULT BOVINE ANIMALS - ANNUAL INSPECTION - NUMBER - CALCULATION - METHOD

( REGULATION NO 2195/69 OF THE COMMISSION , ARTICLE 2 )

Summary

ARTICLE 2 OF REGULATION ( EEC ) NO 2195/69 REQUIRES THE COMPETENT AUTHORITY , IN CALCULATING THE NUMBER OF ADULT BOVINE UNITS ON A FARM , TO TAKE SUCH ANIMALS INTO ACCOUNT IN PROPORTION TO THE TIME FOR WHICH THEY HAVE BEEN THERE . IN MAKING THAT CALCULATION THE COMPETENT AUTHORITY MUST EXCLUDE THE PERIOD DURING WHICH THE CATTLE WERE UNDER THE AGE OF 4 MONTHS .
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Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMMUNITY ARRANGEMENTS - BURDEN OF COSTS - DISCRIMINATORY DISTRIBUTION BETWEEN THE VARIOUS AGRICULTURAL SECTORS - NOT PERMISSIBLE

( EEC TREATY , ARTICLE 39 AND SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SKIMMED-MILK POWDER HELD BY INTERVENTION AGENCIES - COMPULSORY PURCHASE - COUNCIL REGULATION ( EEC ) NO 563/76 - INVALIDITY

Summary

1 . COMMUNITY ARRANGEMENTS WHICH IMPOSE A DISCRIMINATORY DISTRIBUTION OF THE BURDEN OF COSTS BETWEEN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION CANNOT BE JUSTIFIED FOR THE PURPOSE OF ATTAINING THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY .

2 . COUNCIL REGULATION NO 563/76 OF 15 MARCH 1976 ON THE COMPUL- SORY PURCHASE OF SKIMMED-MILK POW- DER HELD BY INTERVENTION AGENCIES FOR USE IN FEEDING-STUFFS IS NULL AND VOID .
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Summary



Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - INFRINGEMENT BY THE MEMBER STATES OF THE COMMUNITY RULES - NOT PERMISSIBLE

( EEC TREATY , ARTICLE 40 )

3 . MEASURES ADOPTED BY AN INSTITUTION - ADOPTION - IMPLEMENTING MEASURES - TRADE AND JOINT-TRADE INSTITUTIONS - IMPLEMENTING MEASURES ADOPTED INDEPENDENTLY BY THE LATTER - EXCLUSION

4 . COMMUNITY LAW - PRACTICES CONTRARY TO COMMUNITY LAW ENCOURAGED BY THE COMMUNITY AUTHORITIES - LIKE MEASURES TAKEN BY A PUBLIC INSTITUTION OF A MEMBER STATE - NOT PERMISSIBLE

5 . AGRICULTURE - POULTRY FOR SLAUGHTER - SLAUGHTER - IMPOSITION OF QUOTAS - NOT PERMISSIBLE

( REGULATION NO 123/67 OF THE COUNCIL , ARTICLES 2 AND 13 )

Summary

1 . WHILST THE COURT CANNOT , WITHIN THE FRAMEWORK OF ARTICLE 177 OF THE TREATY , GIVE A RULING ON THE INTERPRETATION AND VALIDITY OF PROVISIONS OF NATIONAL LEGISLATION OR REGULATIONS IT MAY NEVERTHELESS PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION ON THE ISSUES COMING WITHIN COMMUNITY LAW WHICH WILL ENABLE THAT COURT TO RESOLVE THE LEGAL PROBLEM BEFORE IT .

2 . ONCE THE COMMUNITY HAS , PURSUANT TO ARTICLE 40 , LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .

3 . WHILST THE ADOPTION OF COMMUNITY MEASURES DOES NOT NECESSARILY IMPLY THAT THE IMPLEMENTING MEASURES SHOULD BE IN ALL RESPECTS IDENTICAL THROUGHOUT THE COMMUNITY IT NEVERTHELESS PRECLUDES MEASURES ADOPTED INDEPENDENTLY BY TRADE AND JOINT-TRADE ORGANIZATIONS EACH IN A SPECIFICALLY NATIONAL FRAMEWORK SINCE UNCOORDINATED ACTION IS OF SUCH A NATURE AS TO CAUSE DISCRIMINATION BETWEEN PRODUCERS AND CONSUMERS AND TO DISTURB TRADE BETWEEN THE MEMBER STATES .

4 . THE CIRCUMSTANCE THAT THE COMMUNITY AUTHORITIES ENCOURAGED PRACTICES WHICH ARE NOT IN ACCORD WITH COMMUNITY LAW DOES NOT ALLOW THE COURT TO CONCEDE THAT LIKE MEASURES TAKEN BY A PUBLIC INSTITUTION OF A MEMBER STATE ARE COMPATIBLE WITH REGULATION NO 123/67 .

5 . REGULATION NO 123/67 , ESPECIALLY ARTICLES 2 AND 13 THEREOF , MUST BE INTERPRETED AS MAKING MEASURES ENACTED BY THE NATIONAL AUTHORITIES TO IMPOSE A QUOTA ON THE SLAUGHTERING OF POULTRY INCOMPATIBLE WITH THOSE PROVISIONS .
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Keywords

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 - QUELLMEHL AND MAIZE STARCH - DIFFERENCE OF TREATMENT - INADMISSIBILITY - ILLEGALITY

( REGULATION NO 120/67/EEC OF THE COUNCIL , ARTICLE 11 ; REGULATION ( EEC ) NO 1125/74 OF THE COUNCIL , ARTICLE 5 )

Summary

3 . ILLEGALITY - CONSEQUENCES - OBLIGATION OF THE INSTITUTIONS

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 1974 FOLLOWING THE AMENDMENT MADE BY ARTICLE 5 OF REGULATION ( EEC ) NO 1125/74 OF THE COUNCIL OF 29 APRIL 1974 , AND REPEATED IN SUBSEQUENT REGULATIONS , ARE INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY IN SO FAR AS THEY PROVIDE FOR QUELLMEHL AND PRE-GELATINIZED STARCH TO RECEIVE DIFFERENT TREATMENT IN RESPECT OF PRODUCTION REFUNDS FOR MAIZE USED IN THE MANUFACTURE OF THESE TWO PRODUCTS .

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 1125/74 IS INVALID . THE ILLEGALITY OF ARTICLE 5 OF REGULATION ( EEC ) NO 1125/74 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 5 OF REGULATION ( EEC ) NO 1125/74 IS INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY , IT IS FOR THE COMPETENT INSTITUTIONS OF THE COMMUNITY TO ADOPT THE MEASURES NECESSARY TO CORRECT THIS INCOMPATIBILITY .
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Summary



Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK PRODUCTS - CHEESE OF SHEEP ' S MILK - IMPORTATION FROM THIRD COUNTRIES - LEVY - FIXING - DETAILED RULES - SPECIAL SYSTEM OF ARTICLE 8 OF REGULATION NO 823/68 - PREFERENTIAL TREATMENT - IMPORTER - ABSENCE OF VESTED INTEREST - NEEDS OF THE COMMON ORGANIZATION OF THE MARKETS AND THE COMMON COMMERCIAL POLICY - FREEDOM OF ACTION ON THE PART OF THE COMMUNITY

Summary

THE PREFERENTIAL TREATMENT FROM WHICH AT A GIVEN TIME CERTAIN MILK PRODUCTS , IN PARTICULAR CHEESE OF SHEEP ' S MILK IMPORTED FROM THIRD COUNTRIES , HAVE BENEFITED IN APPLICATION OF A SPECIAL SYSTEM FIXING THE LEVIES GIVES AN IMPORTER NO VESTED RIGHT TO THE MAINTENANCE OF THE ADVANTAGES WHICH HE HAS THEREBY GAINED .

THE COMMUNITY MUST ALWAYS , WITHOUT PREJUDICE TO ANY UNDERTAKINGS INTO WHICH IT MAY HAVE ENTERED WITH REGARD TO THIRD COUNTRIES , RESERVE ITS FREEDOM TO DETERMINE THE CONDITIONS OF IMPORTATION FOR AGRICULTURAL PRODUCTS ORIGINATING IN THIRD COUNTRIES , HAVING REGARD TO THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS AND THE NEEDS OF ITS COMMERCIAL POLICY .
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1 . COMMON CUSTOMS TARIFF - VALUE FOR CUSTOMS PURPOSES - DETERMINATION THEREOF - CRITERIA

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

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

Summary

1 . THE COMMON CUSTOMS TARIFF CON- CERNS ONLY THE IMPORTATION OF GOODS , THAT IS , TANGIBLE PROPERTY , AND DOES NOT APPLY TO THE IMPORTATION OF INCORPOREAL PROPERTY SUCH AS PROCESSES , SERVICES OR KNOW-HOW . THEREFORE , FOR THE PURPOSE OF THE DETERMINATION OF THE VALUE FOR CUSTOMS PURPOSES , IT IS IN PRINCIPLE NECESSARY TO CONCENTRATE ONLY ON THE INTRINSIC VALUE OF THE ARTICLE AND TO DISREGARD THE VALUE OF PROCESSES , WHICH MAY BE PATENTED , IN WHICH IT MAY BE USED .

2 . THE RESULT OF AN INTERPRETATION OF ARTICLE 3 IN ACCORDANCE WITH THE OBJECTIVES OF THE BASIC PROVISION LAID DOWN BY ARTICLE 1 OF THE REGULATION IS THAT A PATENTED PROCESS , THE CARRYING OUT OF WHICH CONSTITUTES THE ONLY ECONOMICALLY VIABLE USE OF THE GOODS AND WHICH IS ONLY PUT INTO EFFECT BY THE USE OF THOSE GOODS , IS REGARDED AS EMBODIED IN THE IMPORTED GOODS .

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 PATENTED PROCESS WHERE THE PROTECTED PROCESS IS INSEPARABLY EMBODIED IN AND CONSTITUTES THE ONLY ECONOMICALLY VIABLE USE OF THE GOODS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - APPLICATION - CLAIMS AND DOCUMENTS - DRAWING UP - RULES GOVERNING LANGUAGES

2 . COMMUNITY LAW - UNIFORM APPLICATION IN THE MEMBER STATES - SOCIAL SECURITY FOR WORKERS - RULES GOVERNING LANGUAGES - EXCLUSION OF CONDITIONS WITH REGARD TO NATIONALITY OR RESIDENCE

( REGULATION NO 1408/71 , ARTICLE 84 ( 4 ))

Summary

1 . UNDER ARTICLE 84 ( 4 ) OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY THE AUTHORITIES , INSTITUTIONS AND TRIBUNALS OF THE MEMBER STATES ARE BOUND , NOTWITHSTANDING ANY PROVISION OF THEIR NATIONAL LAWS TO A DIFFERENT OR CONTRARY EFFECT , TO ACCEPT ALL CLAIMS OR OTHER DOCUMENTS WHICH RELATE TO THE IMPLEMENTATION OF THE SAID REGULATION AND WHICH HAVE BEEN DRAWN UP IN AN OFFICIAL LANGUAGE OF ANOTHER MEMBER STATE AND THEY ARE NOT ALLOWED IN THIS CONNEXION TO MAKE ANY DISTINCTIONS ON GROUNDS OF NATIONALITY OR RESIDENCE BETWEEN THE PERSONS CONCERNED .

2 . IT IS IMPOSSIBLE FOR THE AUTHORITY OF COMMUNITY LAW TO VARY FROM ONE MEMBER STATE TO THE OTHER AS A RESULT OF DOMESTIC LAWS , WHATEVER THEIR PURPOSE , IF THE EFFICACY OF THAT LAW AND THE NECESSARY UNIFORMITY OF ITS APPLICATION IN ALL MEMBER STATES AND TO ALL THOSE PERSONS COVERED BY THE PROVISIONS AT ISSUE ARE NOT TO BE JEOPARDIZED .

IN PARTICULAR THE GENERAL NATURE OF THE RULE LAID DOWN IN ARTICLE 84 ( 4 ) OF REGULATION NO 1408/71 AND ITS UNIFORM APPLICATION IN ALL THE MEMBER STATES WOULD BE CALLED IN QUESTION IF IT WERE OPEN TO THE AUTHORITIES , INSTITUTIONS AND TRIBUNALS OF THOSE STATES TO LIMIT ITS SCOPE BY REFERENCE TO CRITERIA BASED ON THE NATIONALITY OR RESIDENCE OF THE PERSONS CONCERNED .
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Keywords

1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT OF JUSTICE - LIMITS

( EEC TREATY , ART . 177 )

2 . COMMON CUSTOMS TARIFF - DESCRIPTION OF GOODS - ALUMINIUM WASTE AND SCRAP - SUBHEADING 76.01 B - INTERPRETATION

3 . COMMON CUSTOMS TARIFF - CLASSIFICATION OF GOODS - GOODS MADE OUT OF USED ALUMINIUM CABLES - CLASSIFICATION UNDER SUBHEADING 78.01 A - CONDITIONS

Summary

1 . UNDER ARTICLE 177 OF THE TREATY , WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN THE NATIONAL COURTS AND THE COURT OF JUSTICE , THE LATTER IS EMPOWERED ONLY TO GIVE RULINGS ON THE INTERPRETATION OR THE VALIDITY OF A COMMUNITY PROVISION ON THE BASIS OF THE FACTS WHICH THE NATIONAL COURT PUTS BEFORE IT ; TO VERIFY WHETHER SUCH FACTS ARE CORRECT IS NOT WITHIN THE COMPETENCE OF THE COURT OF JUSTICE , AND IS A MATTER FOR THE NATIONAL COURT .

2 . THE CONCEPTS OF ' ' WASTE AND SCRAP ' ' IN SUBHEADING 76.01 B OF THE COMMON CUSTOMS TARIFF COVERS PRODUCTS WHICH , AS FAR AS THEIR OBJECTIVE CHARACTERISTICS ARE CONCERNED , ARE LEFT OVER FROM THE CUTTING , SHAPING OR OTHER MECHANICAL WORKING OF ALUMINIUM OBJECTS OR ARE DEFECTIVE , USED OR IRREPARABLE ALUMINIUM ARTICLES AND WHICH , AS REGARDS THE USE TO WHICH , THEY CAN BE PUT , HAVE NO REMAINING VALUE OTHER THAN BEING FIT FOR THE RECOVERY OF THE METAL .

3 . GOODS CONSISTING OF CHOPPED ALUMINIUM WIRE OF A LIGHT GREY SHINING APPEARANCE AND PRODUCED IN A SO-CALLED SHREDDER BY THE COMMINUTION OF USED ALUMINIUM CABLES AND SUBSTANTIAL REMOVAL OF THE INSULATION COME WITHIN SUBHEADING 76.01 A OF THE COMMON CUSTOMS TARIFF IN SO FAR AS THEY CONSIST ESSENTIALLY OF ALUMINIUM AND CONTAIN ONLY MINUTE QUANTITIES OF OTHER METALS .
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1 . AGRICULTURE - CONJUNCTURAL POLICY - MONETARY COMPENSATORY AMOUNTS - EXEMPTION FROM THE CHARGE - DISCRETIONARY MEASURE - DISCRETIONARY POWER OF THE MEMBER STATES

( REGULATION NO 1608/74 OF THE COMMISSION )

2 . APPLICATION FOR DAMAGES - ACTION DIRECTED AGAINST NATIONAL MEASURES TAKEN IN IMPLEMENTATION OF COMMUNITY LAW - INADMISSIBILITY

( EEC TREATY , ARTS . 178 AND 215 , SECOND PARA .)

Summary

1 . IT FOLLOWS FROM REGULATION NO 1608/74 TAKEN AS A WHOLE THAT THE LATTER HAS GIVEN THE MEMBER STATES A MARGIN OF DISCRETION WHICH PERMITS THEM TO JUDGE THE APPLICATION TO EACH INDIVIDUAL CASE OF THE DISCRETIONARY MEASURE , INCLUDING THE CIRCUMSTANCES SUCH AS TO JUSTIFIY THE GRANT OR THE REFUSAL OF THE EXEMPTION FROM THE COMPENSATORY AMOUNTS .

2 . WHERE THE ACTION IS IN SUBSTANCE DIRECTED AGAINST MEASURES TAKEN BY THE NATIONAL AUTHORITIES PURSUANT TO PROVISIONS OF COMMUNITY LAW , THE CONDITIONS FOR INSTITUTING PROCEEDINGS BEFORE THE COURT OF JUSTICE UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY ARE NOT FULFILLED .
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1 . COMPLEX ECONOMIC SITUATION - EVALUATION - ADMINISTRATION - DISCRETION - SCOPE - REVIEW BY THE COURT - BOUNDS

( REGULATIONS ( EEC ) NOS 722/75 AND 2021/75 OF THE COMMISSION )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - NOT CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES

3 . REGULATION - STATEMENT OF REASONS UPON WHICH IT IS BASED - CONDITIONS

( EEC ) TREATY , ART . 190 )

Summary

1 . WHERE THE EVALUATION OF A COMPLEX ECONOMIC SITUATION IS INVOLVED , THE ADMINISTRATION ENJOYS A WIDE MEASURE OF DISCRETION . IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION . IT DOES NOT SEEM THAT THE COMMISSION EXCEEDED THE BOUNDS OF ITS DISCRETION BY ADOPTING THE PROVISIONS OF REGULATIONS ( EEC ) NOS 722/75 AND 2021/75 IN QUESTION .

2 . THE MONETARY COMPENSATORY AMOUNTS ARE NOT LEVIES INTRODUCED BY SOME MEMBER STATES UNILATERALLY BUT COMMUNITY MEASURES ADOPTED TO DEAL WITH THE DIFFICULTIES RESULTING FOR THE COMMON AGRICULTURAL POLICY FROM MONETARY INSTABILITY ; THEY ARE NOT THEREFORE COVERED BY THE PROHIBITIONS ON LEVYING CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .

3 . ALTHOUGH THE DISCONTINUANCE OF THE MONETARY COMPENSATORY AMOUNTS IN THE CASE OF CERTAIN MEMBER STATES IS THE RESULT OF THE FACT THAT THE CONDITIONS FOR THEIR INTRODUCTION ARE NO LONGER FULFILLED , THEIR RETENTION WITH REGARD TO ANOTHER MEMBER STATE IS THE NORMAL RESULT OF THE CONTINUING EXISTENCE OF THE NECESSARY CONDITIONS AS FAR AS THAT OTHER STATE IS CONCERNED . IN THE ABSENCE OF AN EXPRESS INDICATION IT MAY BE ACCEPTED THAT THE RETENTION OF THE PREVIOUS RULES IS BASED ON THE SAME GROUNDS .
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1 . CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - ELIMINATION - FUNDAMENTAL PRINCIPLE - EXCEPTIONS - EXPRESS PROVISION

( EEC TREATY , ARTS . 12 TO 17 )

2 . AGRICULTURE - TRANSITIONAL PERIOD - EXPIRY - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DEROGATION - INADMISSIBILITY

( EEC TREATY , ARTS . 12 , 38 ( 2 ) AND 39 TO 46 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - INTRA-COMMUNITY TRADE - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - LEVYING - AUTHORIZATION GRANTED TO MEMBER STATES - ARTICLE 31 ( 2 ) OF REGULATION NO 816/70 - INCOMPATIBILITY WITH THE EEC TREATY - INVALIDITY

( EEC TREATY , ARTS . 13 ( 2 ) AND 38 TO 46 ; REGULATION NO 816/70 OF THE COUNCIL , ART . 31 ( 2 ))

Summary

1 . THE ELIMINATION BETWEEN MEMBER STATES OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT CONSTITUTES A FUNDAMENTAL PRINCIPLE OF THE COMMON MARKET , APPLICABLE TO ALL PRODUCTS AND GOODS SO THAT ANY EXCEPTION , WHICH MOREOVER IS TO BE STRICTLY INTERPRETED , MUST BE CLEARLY PROVIDED FOR .

2 . ARTICLES 35 TO 46 OF THE TREATY CONTAIN NO PROVISION WHICH EITHER EXPRESSLY OR BY NECESSARY IMPLICATION PROVIDES FOR OR AUTHORIZES , AFTER THE END OF THE TRANSITIONAL PERIOD , THE INTRODUCTION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES IN INTRA-COMMUNITY TRADE IN AGRICULTURAL PRODUCTS .

3 . ARTICLE 31 ( 2 ) OF REGULATION NO 817/70 IN SO FAR AS IT AUTHORIZES PRODUCER MEMBER STATES TO PRESCRIBE AND LEVY , IN INTRA-COMMUNITY TRADE IN THE PRODUCTS COVERED BY THE ORGANIZATION OF THE MARKET WHICH THAT REGULATION SETS UP , CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES , IS INCOMPATIBLE WITH ARTICLE 13 , IN PARTICULAR PARAGRAPH ( 2 ) THEREOF , AND WITH ARTICLES 38 TO 46 OF THE TREATY AND IS CONSEQUENTLY INVALID .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - ASSISTANCE OF EXAMINERS IN AN ADVISORY CAPACITY - CONDITIONS

( STAFF REGULATIONS , SECOND PARAGRAPH OF ARTICLE 3 OF ANNEX III )

2 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - DRAWING UP A LIST OF SUITABLE CANDIDATES - NUMBER OF CANDIDATES TO BE INCLUDED

( STAFF REGULATIONS , PARAGRAPH 5 OF ARTICLE 5 OF ANNEX III )

Summary

1 . THE SECOND PARAGRAPH OF ARTICLE 3 OF ANNEX III CANNOT BE UNDERSTOOD AS ENUMERATING EXHAUSTIVELY THE CASES IN WHICH A SELECTION BOARD MAY LEGITIMATELY HAVE RECOURSE TO THE ASSISTANCE OF EXAMINERS IN AN ADVISORY CAPACITY AND , IN PARTICULAR , DOES NOT PREVENT A SELECTION BOARD FROM HAVING RECOURSE TO SUCH A PROCEDURE IN CASES WHERE THE LARGE NUMBER OF CANDIDATES INVOLVED IN A COMPETITION WOULD OTHERWISE PREVENT THE SELECTION BOARD FROM COMPLETING ITS WORK WITHIN A REASONABLE PERIOD . IT IS NECESSARY , HOWEVER , FOR THE SELECTION BOARD TO RETAIN ULTIMATE CONTROL OVER THE PROCEDURES AND ITS DISCRETIONARY POWER .

2 . THE STIPULATION IN THE FIFTH PARAGRAPH OF ARTICLE 5 OF ANNEX III THAT THE LIST OF SUITABLE CANDIDATES SHALL WHEREVER POSSIBLE CONTAIN AT LEAST TWICE AS MANY NAMES AS THE NUMBER OF POSTS TO BE FILLED IS ONLY A RECOMMENDATION TO THE SELECTION BOARD , INTENDED TO FACILITATE DECISIONS OF THE APPOINTING AUTHORITY , AND WHETHER OR NOT IT IS FOLLOWED DEPENDS ON THE NATURE AND CIRCUMSTANCES OF THE COMPETITION , THE NUMBER OF CANDIDATES AND THEIR QUALIFICATIONS .