ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - ACTIONS - DECISION OF A SELECTION BOARD FOR A COMPETITION - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - NOT OBLIGATORY - SUBMISSION OF SUCH A COMPLAINT - CONSEQUENCES - TIME-LIMIT FOR BRINGING AN APPLICATION TO THE COURT REMAINS INTACT - COMPLIANCE WITH THE PROCEDURAL CONSTRAINTS ASSOCIATED WITH COMPLAINTS THROUGH OFFICIAL CHANNELS

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - SAME SUBJECT-MATTER AND LEGAL BASIS - SUBMISSIONS AND ARGUMENTS NOT MADE IN THE COMPLAINT BUT CLOSELY RELATED TO IT - ADMISSIBILITY

( STAFF REGULATIONS , ARTS 90 AND 91 )

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - CONDUCT OF WRITTEN TESTS - PRESENCE OF A MEMBER OF THE SELECTION BOARD - NOT OBLIGATORY

Summary

1 . THE LEGAL REMEDY OPEN TO PERSONS CONCERNED BY A DECISION OF A SELECTION BOARD NORMALLY LIES IN A DIRECT APPLICATION TO THE COURT . ALTHOUGH THE SUBMISSION OF A COMPLAINT THROUGH OFFICIAL CHANNELS , WHATEVER ITS LEGAL SIGNIFICANCE , EXTENDS THE PERIOD FOR BRINGING THE MATTER BEFORE THE COURT , THAT DOES NOT MEAN THAT SUCH PERSONS MAY IGNORE THE PROCEDURAL CONSTRAINTS ASSOCIATED WITH THE PATH WHICH THEY HAVE CHOSEN .

2 . THE OBJECTIVE OF ARTICLE 91 OF THE STAFF REGULATIONS , WHICH REQUIRES A PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS , IS TO PERMIT AND ENCOURAGE THE AMICABLE SETTLEMENT OF DIFFERENCES WHICH HAVE ARISEN BETWEEN OFFICIALS AND THE ADMINIS TRATION . IN ORDER TO COMPLY WITH THAT REQUIREMENT IT IS ESSENTIAL THAT THE ADMINISTRATION SHOULD BE IN A POSITION TO KNOW THE COMPLAINTS OR WISHES OF THE PERSON CONCERNED . ON THE OTHER HAND , IT IS NOT THE PURPOSE OF THAT PROVISION TO BIND STRICTLY AND ABSOLUTELY THE CONTENTIOUS STAGE OF THE PROCEEDINGS , IF ANY , PROVIDED THAT THE CLAIMS SUBMITTED AT THAT STAGE CHANGE NEITHER THE LEGAL BASIS NOR THE SUBJECT-MATTER OF THE COMPLAINT .

CONSEQUENTLY , AFTER THE EXPIRY OF THE TIME-LIMIT FOR BRINGING AN APPLICATION DIRECTLY BEFORE THE COURT AN OFFICIAL WHO , ALTHOUGH NOT OBLIGED TO DO SO IN A MATTER CONCERNING A DECISION OF A SELECTION BOARD , HAS PREFERRED TO MAKE A COMPLAINT THROUGH ADMINISTRATIVE CHANNELS FIRST MAY NOT SUBMIT TO THE COURT CONCLUSIONS WITH A SUBJECT-MATTER OTHER THAN THOSE RAISED IN THE COMPLAINT OR PUT FORWARD HEADS OF CLAIM BASED ON MATTERS OTHER THAN THOSE RELIED ON IN THE COMPLAINT . THE SUBMISSIONS AND ARGUMENTS MADE TO THE COURT IN SUPPORT OF THOSE HEADS OF CLAIM NEED NOT NECESSARILY APPEAR IN THE COMPLAINT , BUT MUST BE CLOSELY LINKED TO IT .

3 . NO PROVISION OF THE STAFF REGULATIONS OR GENERAL PRINCIPLE OF LAW REQUIRES THAT A MEMBER OF THE SELECTION BOARD SHOULD BE PRESENT DURING THE WRITTEN TESTS OF A COMPETITION .
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1 . ACTION FOR FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS - PRE-LITIGATION PROCEDURE - PURPOSE

( EEC TREATY , ARTS 155 AND 169 )

2 . PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES - EXEMPTION FROM THE FORMALITIES FOR THE REGISTRATION OF ALIENS - SCOPE - NATIONAL MEASURES IMPOSING AN INDIRECT CONSTRAINT TO REGISTER IN THE POPULATION REGISTERS - NOT PERMISSIBLE

( EEC TREATY , ART . 5 ; PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , ART . 12 ( B ))

3 . ACTION FOR FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS - NATIONAL MEASURES INCOMPATIBLE WITH COMMUNITY LAW - EXISTENCE OF REMEDIES UNDER NATIONAL LAW - NO EFFECT ON THE MAKING OF AN APPLICATION FOR FAILURE TO FULFIL AN OBLIGATION

( EEC TREATY , ART . 169 )

Summary

1 . THE PURPOSE OF THE PRE-LITIGATION PROCEDURE PROVIDED FOR BY ARTICLE 169 OF THE TREATY , WHICH FORMS PART OF THE GENERAL SUPERVISORY TASKS ENTRUSTED TO THE COMMISSION BY THE FIRST INDENT OF ARTICLE 155 , IS TO GIVE THE MEMBER STATE CONCERNED AN OPPORTUNITY EITHER TO JUSTIFY ITS POSITION OR , IF IT SO WISHES , TO COMPLY OF ITS OWN ACCORD WITH THE REQUIREMENTS OF THE TREATY . IF THAT ATTEMPT TO REACH A SETTLEMENT PROVES UNSUCCESSFUL , THE MEMBER STATE CONCERNED IS REQUESTED TO COMPLY WITH ITS OBLIGATIONS AS SET OUT IN THE REASONED OPINION WITHIN THE PERIOD PRESCRIBED THEREIN .

2 . ARTICLE 12 ( B ) OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES PROVIDES THAT OFFICIALS AND OTHER SERVANTS OF THE COMMUNITY ARE EXEMPT FROM ANY REQUIREMENT TO REGISTER IN THE POPULATION REGISTERS IN THE MEMBER STATES IN WHICH THE PLACES OF EMPLOYMENT OF THE COMMUNITY INSTITUTIONS ARE SITUATED . IT FOLLOWS FROM THAT PROVISION AND ARTICLE 5 OF THE EEC TREATY THAT THE MEMBER STATES MUST REFRAIN FROM ADOPTING ANY MEASURE WHICH WOULD HAVE THE EFFECT OF COMPELLING OFFICIALS AND OTHER SERVANTS OF THE COMMUNITY , WHETHER DIRECTLY OR INDIRECTLY , TO APPLY FOR REGISTRATION IN THE POPULATION REGISTERS . A CONSTRAINT OF THAT KIND IS OPERATIVE IN PARTICULAR WHERE A MEMBER STATE ATTACHES UNFAVOURABLE CONSEQUENCES TO NON-REGISTRATION BY OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES . MUNICIPAL BY-LAWS WHICH HAVE THE EFFECT OF SUBJECTING OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES RESIDING WITHIN THE TERRITORY OF THE MUNICIPALITIES CONCERNED TO AN INDIRECT CONSTRAINT TO REGISTER IN THE POPULATION REGISTERS IN ORDER TO AVOID LIABILITY TO A MUNICIPAL TAX ARE THEREFORE CONTRARY TO ARTICLE 5 OF THE TREATY IN CONJUNCTION WITH ARTICLE 12 ( B ) OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES .

3 . THE EXISTENCE OF REMEDIES AVAILABLE THROUGH THE NATIONAL COURTS FOR CHALLENGING MEASURES INCOMPATIBLE WITH COMMUNITY LAW CANNOT PREJUDICE THE MAKING OF THE APPLICATION REFERRED TO IN ARTICLE 169 OF THE TREATY SINCE THE TWO PROCEDURES HAVE DIFFERENT OBJECTIVES AND EFFECTS .
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APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - MEASURES WHICH CONCERN THEM DIRECTLY AND INDIVIDUALLY - COMMISSION DECISION TO THE EFFECT THAT AID PLANNED IS INCOMPATIBLE WITH THE COMMON MARKET - APPLICATION TO THE COURT BY A STATE-CONTROLLED BODY CHARGED WITH ALLOCATING THE PLANNED AID - NOT ADMISSIBLE

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

Summary

A BODY CREATED BY DECISION OF THE STATE AUTHORITIES , SUBJECT TO THEIR CONTROL AND CHARGED WITH ALLOCATING AID , IS NOT DIRECTLY AND INDIVIDUALLY CONCERNED , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY , BY A COMMISSION DECISION TO THE EFFECT THAT A PLAN TO PROVIDE AID , NOTIFIED TO IT BY A MEMBER STATE , IS INCOMPATIBLE WITH THE COMMON MARKET . SUCH A BODY CANNOT RELY ON ITS OWN INTEREST , SEPARATE FROM THAT OF THE STATE , IN THE AID PLANNED IN ORDER TO HAVE THE DECISION DECLARED VOID ; NOR CAN IT BRING AN ACTION IN ITS CAPACITY AS COLLECTIVE REPRESENTATIVE OF THE TRADERS CONCERNED IF THE AID PLAN NOTIFIED DOES NOT IDENTIFY THE FUTURE BENEFICIARIES OF THE AID .
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1 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - PERSONS COVERED BY DIRECTIVE 79/7 - ' WORKING POPULATION ' FOR THE PURPOSES OF ARTICLE 2 OF THE DIRECTIVE - WORKER WHOSE ACTIVITY IS INTERRUPTED BY REASON OF THE INVALIDITY OF A RELATIVE IN THE ASCENDING LINE - INCLUDED

( COUNCIL DIRECTIVE 79/7 , ART . 2 )

2 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - MATTERS COVERED BY DIRECTIVE 79/7 - BENEFIT PAID TO A PERSON PROVIDING CARE FOR AN INVALID - INCLUDED

( COUNCIL DIRECTIVE 79/7 , ART . 3 ( 1 ) ( A ))

3 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DISCRIMINATION - MARRIED WOMEN EXCLUDED FROM ENTITLEMENT TO A SOCIAL SECURITY BENEFIT AS REFERRED TO IN DIRECTIVE 79/7

( COUNCIL DIRECTIVE 79/7 , ART . 4 ( 1 ))

Summary

1 . THE TERM ' WORKING POPULATION ' USED IN ARTICLE 2 OF DIRECTIVE 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY MUST BE INTERPRETED AS INCLUDING A PERSON WHO HAS INTERRUPTED HIS WORK IN ORDER TO PROVIDE THE NECESSARY CARE TO A DISABLED RELATIVE IN THE ASCENDING LINE .

2 . IN ORDER TO ENSURE THAT THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY , REFERRED TO IN ARTICLE 1 OF DIRECTIVE 79/7 AND DEFINED IN ARTICLE 4 , IS CARRIED OUT IN A HARMONIOUS MANNER THROUGHOUT THE COMMUNITY , ARTICLE 3 ( 1 ) OF THE DIRECTIVE MUST BE INTERPRETED AS INCLUDING ANY BENEFIT WHICH IN A BROAD SENSE FORMS PART OF ONE OF THE STATUTORY SCHEMES REFERRED TO OR A SOCIAL ASSISTANCE PROVISION INTENDED TO SUPPLEMENT OR REPLACE SUCH A SCHEME . A BENEFIT PROVIDED BY A MEMBER STATE AND PAID TO A PERSON CARING FOR A DISABLED PERSON THUS FORMS PART OF A STATUTORY SCHEME PROVIDING PROTECTION AGAINST INVALIDITY WHICH IS COVERED BY ARTICLE 3 ( 1 ) ( A ).

3 . DISCRIMINATION ON GROUNDS OF SEX CONTRARY TO ARTICLE 4 ( 1 ) OF DIRECTIVE 79/7 ARISES WHERE LEGISLATION PROVIDES THAT A BENEFIT WHICH FORMS PART OF ONE OF STATUTORY SCHEMES REFERRED TO IN ARTICLE 3 ( 1 ) OF THAT DIRECTIVE IS NOT PAYABLE TO A MARRIED WOMAN WHO LIVES WITH OR IS MAINTAINED BY HER HUSBAND , ALTHOUGH IT IS PAID IN CORRESPONDING CIRCUMSTANCES TO A MARRIED MAN .
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1 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - RETENTION OF A NATIONAL PROVISION INCOMPATIBLE WITH COMMUNITY LAW - JUSTIFICATION BASED ON THE EXISTENCE OF ADMINISTRATIVE PRACTICES ENSURING THE APPLICATION OF THE TREATY - UNACCEPTABLE

2 . FREEDOM OF MOVEMENT FOR PERSONS - FREEDOM OF ESTABLISHMENT - FREEDOM TO PROVIDE SERVICES - WORKERS - REGULATED OCCUPATIONS - EXCLUSION OF NATIONALS OF OTHER MEMBER STATES OR CONDITION OF RECIPROCITY - NOT PERMISSIBLE

( EEC TREATY , ARTS 48 , 52 AND 59 )

Summary

1 . THE RIGHT OF INDIVIDUALS TO RELY ON DIRECTLY APPLICABLE PROVISIONS OF THE TREATY BEFORE NATIONAL COURTS IS ONLY A MINIMUM GUARANTEE AND IS NOT SUFFICIENT IN ITSELF TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF THE TREATY .

IF A PROVISION OF NATIONAL LAW INCOMPATIBLE WITH A PROVISION OF THE TREATY , EVEN ONE WHICH IS DIRECTLY APPLICABLE , IS RETAINED UNCHANGED , THAT CREATES AN AMBIGUOUS STATE OF AFFAIRS BY KEEPING THE PERSONS CONCERNED IN A STATE OF UNCER TAINTY AS TO THE POSSIBILITY OF RELYING ON COMMUNITY LAW AND AMOUNTS TO A FAILURE BY THE STATE IN QUESTION TO COMPLY WITH ITS OBLIGATIONS UNDER THE TREATY .

SINCE THE INCOMPATIBILITY OF NATIONAL LEGISLATION WITH PROVISIONS OF THE TREATY CAN BE FINALLY REMEDIED ONLY BY MEANS OF NATIONAL PROVISIONS OF A BINDING NATURE WHICH HAVE THE SAME LEGAL FORCE AS THOSE WHICH MUST BE AMENDED , MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE ARE ALTERABLE AT WILL BY THE AUTHORITIES AND ARE NOT GIVEN THE APPROPRIATE PUBLICITY , CANNOT BE REGARDED AS CONSTITUTING THE PROPER FULFILMENT OF OBLIGATIONS UNDER THE TREATY CAPABLE OF REMEDYING THE INFRINGEMENT .

2 . A MEMBER STATE WHICH PERMITS ONLY ITS OWN NATIONALS TO HAVE ACCESS TO CERTAIN OCCUPATIONS OR APPLIES A CONDITION OF RECIPROCITY TO NATIONALS OF OTHER MEMBER STATES FAILS TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 48 , 52 AND 59 OF THE TREATY .
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FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - NATIONAL SOCIAL SECURITY SCHEME - SICKNESS BENEFITS - EXCLUSION OF A DIRECTOR OF A COMPANY REGISTERED IN ANOTHER MEMBER STATE - NOT PERMITTED

( EEC TREATY , ARTS 52 AND 58 )

Summary

WHERE A COMPANY HAS EXERCISED ITS RIGHT OF FREEDOM OF ESTABLISHMENT , ARTICLES 52 AND 58 OF THE EEC TREATY MUST BE INTERPRETED AS PROHIBITING THE AUTHORITIES OF A MEMBER STATE FROM EXCLUDING THE COMPANY ' S DIRECTOR FROM A NATIONAL SICKNESS INSURANCE BENEFIT SCHEME SOLELY ON THE GROUND THAT THE COMPANY WAS FORMED IN ACCORDANCE WITH THE LAW OF ANOTHER MEMBER STATE , WHERE IT ALSO HAS ITS REGISTERED OFFICE BUT DOES NOT CONDUCT ANY BUSINESS .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL AN OBLIGATION - IMPLEMENTATION BY MEANS OF A CIRCULAR - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

EACH MEMBER STATE MUST IMPLEMENT DIRECTIVES IN A MANNER WHICH FULLY MEETS THE REQUIREMENT OF LEGAL CERTAINTY AND MUST CONSEQUENTLY TRANSPOSE THEIR TERMS INTO NATIONAL LAW AS BINDING PROVISIONS . A MEMBER STATE CANNOT FULFIL ITS OBLIGATIONS UNDER A DIRECTIVE BY MEANS OF A MERE CIRCULAR WHICH MAY BE AMENDED BY THE ADMINISTRATION AT WILL .
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OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - MATTER OF PUBLIC POLICY - EXPIRY - REOPENING OF TIME-LIMIT - CONDITIONS - NEW FACT

( STAFF REGULATIONS , ARTS 90 AND 91 )

Summary

UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS ANY OFFICIAL MAY REQUEST THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM . HOWEVER , THAT DOES NOT ENABLE AN OFFICIAL TO EVADE THE TIME-LIMITS PRESCRIBED IN ARTICLES 90 AND 91 FOR THE LODGING OF COMPLAINTS AND APPEALS BY USING SUCH A REQUEST AS A MEANS OF CONTESTING AN EARLIER DECISION WHICH WAS NOT CHALLENGED WITHIN THE TIME-LIMITS . THOSE TIME-LIMITS ARE A MATTER OF PUBLIC POLICY SINCE THEY WERE LAID DOWN WITH A VIEW TO ENSURING CLARITY AND LEGAL CERTAINTY AND THE PARTIES ARE ABSO LUTELY BOUND BY THEM . IT FOLLOWS THAT ONLY THE EXISTENCE OF IMPORTANT NEW FACTS IS CAPABLE OF JUSTIFYING THE SUBMISSION OF A REQUEST FOR RECONSIDERATION OF A DECISION WHICH IS NO LONGER OPEN TO CHALLENGE .

THE PUBLICATION OF NOTICES OF COMPETITIONS DOES NOT CONSTITUTE A NEW FACT WHERE THEY DID NOT ALTER THE APPLICANT ' S LEGAL SITUATION , DID NOT CONCERN HIS POST DIRECTLY AND CANNOT BE REGARDED AS HAVING BROUGHT TO HIS ATTENTION FOR THE FIRST TIME THE ADMINISTRATION ' S POSITION WITH REGARD TO HIM .
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OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - SUPPORTING DOCUMENTS - INADEQUACY - SELECTION BOARD' S REFUSAL TO ALLOW ADDITIONAL DOCUMENTS TO BE FURNISHED - DUTY TO LOOK AFTER THE WELL-BEING OF OFFICIALS

( STAFF REGULATIONS, ANNEX III, ART . 2, SECOND PARAGRAPH )

Summary

THE DUTY OF THE ADMINISTRATION TO LOOK AFTER THE WELL-BEING OF ITS OFFICIALS, WHICH ALSO APPLIES TO SELECTION BOARDS, REFLECTS THE BALANCE OF THE RECIPROCAL RIGHTS AND OBLIGATIONS ESTABLISHED BY THE STAFF REGULATIONS IN THE RELATIONSHIP BETWEEN THE OFFICIAL AUTHORITY AND THE CIVIL SERVANTS . A PARTICULAR CONSEQUENCE OF THIS DUTY AND THE PRINCIPLE OF GOOD ADMINISTRATION IS THAT WHEN THE AUTHORITY TAKES A DECISION CONCERNING THE SITUATION OF AN OFFICIAL IT SHOULD TAKE INTO CONSIDERATION ALL THE FACTORS WHICH MAY AFFECT ITS DECISION AND THAT WHEN DOING SO IT SHOULD TAKE INTO ACCOUNT NOT ONLY THE INTERESTS OF THE SERVICE BUT ALSO THOSE OF THE OFFICIAL CONCERNED .

ALTHOUGH IN PRINCIPLE A CANDIDATE IN A COMPETITION MUST SUPPLY THE SELECTION BOARD WITH ALL INFORMATION AND DOCUMENTS TO ENABLE IT TO DETERMINE WHETHER HE SATISFIES THE CONDITIONS LAID DOWN IN THE NOTICE OF COMPETITION, WHEN THE SELECTION BOARD CONSIDERS IT NECESSARY TO HAVE RECOURSE TO THE PROCEDURE OF THE SECOND PARAGRAPH OF ARTICLE 2 OF ANNEX III TO THE STAFF REGULATIONS, IT CANNOT, WITHOUT DISREGARDING THE AFORESAID PRINCIPLES, DISALLOW THE PRODUCTION OF FURTHER DOCUMENTS . THAT REASONING IS ESPECIALLY APPLICABLE WHERE THE COMPETITION IS ONE IN WHICH A RESTRICTED NUMBER OF CANDIDATES IS TAKING PART AND THE SOLE OBJECT OF THE PRODUCTION OF FURTHER DOCUMENTS IS TO CLARIFY MATTERS IN ANSWER TO OBSERVATIONS MADE BY THE SELECTION BOARD ITSELF .
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OFFICIALS - APPLICATIONS - PERIOD ALLOWED FOR BRINGING PROCEEDINGS - COMMENCEMENT - DATE OF NOTIFICATION OF DECISION REJECTING COMPLAINT - CALCULATION

( STAFF REGULATIONS, ART . 91 ( 3 ); RULES OF PROCEDURE, ARTS 80 ( 1 ) AND 81*(1 )

Summary

BY VIRTUE OF ARTICLES 80 ( 1 ) AND 81 ( 1 ) OF THE RULES OF PROCEDURE, THE PERIOD OF THREE MONTHS PROVIDED FOR IN ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS FOR COMMENCING PROCEEDINGS AGAINST A DECISION TAKEN IN RESPONSE TO A COMPLAINT DOES NOT START RUNNING UNTIL THE DAY FOLLOWING THE RECEIPT BY THE PERSON CONCERNED OF NOTIFICATION OF THE MEASURE, REGARDLESS OF THE HOUR OF DAY WHEN THE MEASURE IS NOTIFIED, AND, BEING EXPRESSED IN CALENDAR MONTHS, THAT PERIOD EXPIRES AT THE END OF THE DAY WHICH, IN THE THIRD MONTH, BEARS THE SAME NUMBER AS THE DAY FROM WHICH TIME WAS SET RUNNING, THAT IS TO SAY THE DAY OF NOTIFICATION .
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OWN RESOURCES OF THE EUROPEAN COMMUNITIES - REPAYMENT OR REMISSION OF IMPORT DUTIES - ARTICLE 13 OF REGULATION NO 1430/79 - SCOPE

( COUNCIL REGULATION NO 1430/79, ARTICLE 13 )

Summary

THE SOLE AIM OF THE GENERAL EQUITABLE PROVISION IN ARTICLE 13 OF REGULATION NO 1430/79 IS TO ENABLE IMPORTERS TO BE EXEMPTED FROM PAYMENT OF THE DUTY PAYABLE WHEN CERTAIN SPECIFIC CONDITIONS ARE SATISFIED AND IN THE ABSENCE OF NEGLIGENCE OR DECEPTION, AND NOT TO ENABLE THEM TO CONTEST THE VERY PRINCIPLE THAT THE AMOUNT IS DUE, WHICH QUESTION SHOULD BE BROUGHT BEFORE THE COMPETENT COURTS IN ACCORDANCE WITH THE PROCEDURES LAID DOWN FOR SUCH PURPOSES .

ERRORS OR OMISSIONS ON THE PART OF ADMINISTRATIVE AUTHORITIES CANNOT GIVE RISE TO THE APPLICATION OF THE SAID PROVISION UNLESS SUCH ERRORS OR OMISSIONS IMPOSED UPON A TRADER A FINANCIAL OBLIGATION WHICH HE HAD NO LEGAL MEANS OF CONTESTING . THE EXISTENCE OF SUCH A LEGAL MEANS OF REDRESS PREVENTS THE TRADER FROM CLAIMING THE BENEFIT OF ARTICLE 13 .
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FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - NATIONAL RULES ON THE ACTIVITIES OF CLINICAL BIOLOGY LABORATORIES - PERMISSIBILITY - CONDITIONS - THE PRINCIPLE OF EQUAL TREATMENT TO BE RESPECTED

( EEC TREATY, ART . 52, SECOND PARAGRAPH )

Summary

IT IS CLEAR FROM THE SECOND PARAGRAPH OF ARTICLE 52 OF THE TREATY AND ITS CONTEXT THAT, PROVIDED THAT IT RESPECTS THE PRINCIPLE THAT NATIONALS OF OTHER MEMBER STATES MUST BE ACCORDED THE SAME TREATMENT AS ITS OWN NATIONALS, EACH MEMBER STATE IS, IN THE ABSENCE OF COMMUNITY RULES IN THIS AREA, FREE TO LAY DOWN RULES FOR ITS OWN TERRITORY GOVERNING THE ACTIVITIES OF LABORATORIES PROVIDING CLINICAL BIOLOGY SERVICES .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH ADMINISTRATIVE CHANNELS - SAME SUBJECT-MATTER AND LEGAL BASIS - SUBMISSIONS AND ARGUMENTS NOT MADE IN THE COMPLAINT BUT CLOSELY LINKED TO IT - ADMISSIBILITY

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENTS AND OCCUPATIONAL DISEASE - FINDING OF OCCUPATIONAL DISEASE AND FINDING OF INVALIDITY - SEPARATE PROCEDURES

( STAFF REGULATIONS OF OFFICIALS, ARTS 73 AND 78 )

Summary

1 . AN OFFICIAL MAY NOT SUBMIT TO THE COURT CONCLUSIONS WITH A SUBJECT-MATTER OTHER THAN THOSE RAISED IN THE PRIOR COMPLAINT THROUGH ADMINISTRATIVE CHANNELS OR PUT FORWARD HEADS OF CLAIM BASED ON MATTERS OTHER THAN THOSE RELIED ON IN THE COMPLAINT . THE SUBMISSIONS AND ARGUMENTS MADE TO THE COURT IN SUPPORT OF THOSE HEADS OF CLAIM NEED NOT NECESSARILY APPEAR IN THE COMPLAINT, BUT MUST BE CLOSELY LINKED TO IT .

2 . THE PROCEDURE SET OUT BY THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE FOR THE APPLICATION OF ARTICLE 73 OF THE STAFF REGULATIONS AND THOSE FOR THE APPLICATION OF ARTICLE 78 ARE TWO DIFFERENT PROCEDURES WHICH MAY GIVE RISE TO SEPARATE DECISIONS INDEPENDENT OF EACH OTHER . EVEN IF IN APPLYING ARTICLE 78 OF THE STAFF REGULATIONS THE INVALIDITY COMMITTEE DID NOT HOLD THE APPLICANT' S INVALIDITY TO BE OCCUPATIONAL IN ORIGIN, IT MAY STILL BE HELD TO BE OCCUPATIONAL IN ORIGIN FOR THE PURPOSES OF ARTICLE 73 OF THE STAFF REGULATIONS .
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ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS - COMPLAINT BY A MEMBER STATE CONCERNING AN ALTERATION IN TRADITIONAL DELIVERIES - COMPLAINT CONSIDERED JUSTIFIED BY THE COMMISSION - DUTY TO REQUEST THE UNDERTAKINGS IN QUESTION TO GIVE A COMMITMENT TO CORRECT THE IMBALANCE FOUND IN THEIR TRADITIONAL DELIVERIES - INACTION OF THE COMMISSION - ILLEGALITY

( ECSC TREATY, ART . 58; DECISION NO 234/84/ECSC, ART . 15B*(4 )*)

Summary

WHERE, UNDER THE SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS, A MEMBER STATE SUBMITS TO THE COMMISSION, PURSUANT TO ARTICLE 15B OF DECISION NO 234/84, A COMPLAINT CONCERNING A SUBSTANTIAL ALTERATION IN TRADITIONAL DELIVERIES, THE COMMISSION IS REQUIRED, IF IN THE EXERCISE OF ITS DISCRETION IT CONSIDERS THE COMPLAINT TO BE JUSTIFIED, TO ACT WITH DILIGENCE AND TO ADOPT THE MEASURES PROVIDED FOR BY ARTICLE 15B*(4 ), SO THAT THE COMMITMENT TO CORRECT THE IMBALANCE, SOUGHT FROM THE UNDERTAKINGS WHICH CAUSED THE ALTERATION REFERRED TO ABOVE, IS HONOURED DURING THE QUARTER FOLLOWING THAT IN WHICH THE COMMISSION CONSIDERED THE COMPLAINT TO BE JUSTIFIED .

SINCE THAT MEASURE IS NOT A PENALTY AND IS NOT CONDITIONAL ON A FINDING THAT THE UNDERTAKINGS IN QUESTION HAVE COMMITTED ANY INFRINGEMENT, THE COMMISSION CANNOT DELAY TAKING ACTION ON THE GROUND THAT IT MUST AWAIT THE OUTCOME OF THE PROCEDURES WHICH IT HAD INITIATED AGAINST CERTAIN PRODUCERS FOR INFRINGING THE RULES ON PRICES .

THE COMMISSION' S REFUSAL TO ACT IS THEREFORE ILLEGAL .
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OFFICIALS - ACTIONS - ACT ADVERSELY AFFECTING THE OFFICIAL - MEMBER OF THE AUXILIARY STAFF CLAIMING TO BE RECOGNIZED AS A MEMBER OF THE TEMPORARY STAFF - CONTRACT OF EMPLOYMENT

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 ( 2 ) AND 91 )

Summary

WHERE A MEMBER OF THE AUXILIARY STAFF CLAIMS THAT HE SHOULD BE RECOGNIZED AS A MEMBER OF THE TEMPORARY STAFF ON THE GROUND THAT HIS RECRUITMENT AS A MEMBER OF THE AUXILIARY STAFF WAS IN BREACH OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, THE ACT ADVERSELY AFFECTING HIM IS HIS CONTRACT OF EMPLOYMENT, IF THAT WAS NOT ALTERED ON THE OCCASIONS WHEN IT WAS RENEWED .
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COMPETITION - PUBLIC UNDERTAKINGS - TRANSPARENCY OF FINANCIAL RELATIONS BETWEEN MEMBER STATES AND PUBLIC UNDERTAKINGS - DISTINCTION BETWEEN THE ROLE OF THE STATE AS PUBLIC AUTHORITY AND AS A PRODUCER OR AS A PROVIDER OF SERVICES - BODY INTEGRATED INTO THE ADMINISTRATION OF THE STATE - DESIGNATION AS PUBLIC UNDERTAKING - LACK OF LEGAL PERSONALITY DISTINCT FROM THAT OF THE STATE - NO EFFECT

( COMMISSION DIRECTIVE 80/723, ART . 2 )

Summary

THE DISTINCTION BETWEEN "PUBLIC AUTHORITIES" AND "PUBLIC UNDERTAKINGS" PROVIDED FOR IN ARTICLE 2 OF DIRECTIVE 80/723 ON THE TRANSPARENCY OF FINANCIAL RELATIONS BETWEEN MEMBER STATES AND PUBLIC UNDERTAKINGS FLOWS FROM THE RECOGNITION OF THE FACT THAT THE STATE MAY ACT EITHER BY EXERCISING PUBLIC POWERS OR BY CARRYING ON ECONOMIC ACTIVITIES OF AN INDUSTRIAL OR COMMERCIAL NATURE BY OFFERING GOODS AND SERVICES ON THE MARKET . IN ORDER TO MAKE SUCH A DISTINCTION, IT IS THEREFORE NECESSARY, IN EACH CASE, TO CONSIDER THE ACTIVITIES EXERCISED BY THE STATE AND TO DETERMINE THE CATEGORY TO WHICH THOSE ACTIVITIES BELONG .

THE STATE MAY CARRY OUT THE SAID ACTIVITIES THROUGH A SEPARATE BODY OVER WHICH IT MAY EXERCISE THE DOMINANT INFLUENCE REQUIRED BY ARTICLE 2 OF THE DIRECTIVE OR CARRY OUT THOSE ACTIVITIES DIRECTLY THROUGH A BODY FORMING PART OF THE STATE ADMINISTRATION . THE FACT THAT A BODY HAS OR HAS NOT, UNDER NATIONAL LAW, LEGAL PERSONALITY DISTINCT FROM THAT OF THE STATE IS IRRELEVANT IN DECIDING WHETHER IT MAY BE REGARDED AS A PUBLIC UNDERTAKING WITHIN THE MEANING OF DIRECTIVE 80/723, BECAUSE, ON THE ONE HAND, THE PURPOSE OF THAT DIRECTIVE WOULD BE CALLED IN QUESTION IF ITS APPLICATION DEPENDED ON WHETHER OR NOT STATE BODIES HAD LEGAL PERSONALITY DISTINCT FROM THAT OF THE STATE, AND, ON THE OTHER, THE ABSENCE OF LEGAL PERSONALITY DISTINCT FROM THAT OF THE STATE DOES NOT PREVENT THE EXISTENCE OF FINANCIAL RELATIONS BETWEEN THE STATE AND THOSE OF ITS BODIES WHICH CARRY OUT ECONOMIC ACTIVITIES .