ddrg/super_eurlex huggingface dataset:
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Summary



Keywords

1 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - INTERPRETATION - EXPLANATORY NOTES OF THE CUSTOMS COOPERATION COUNCIL - OPINIONS OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE - AUTHORITY - LIMITS

2 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' ' BREATHING APPLIANCES ' ' WITHIN THE MEANING OF HEADING 90.18 - CONCEPT - FILTER MASKS - INCLUSION

Summary

1 . THE EXPLANATORY NOTES TO THE NOMENCLATURE OF THE CUSTOMS CO-OPERATION COUNCIL , LIKE THE OPINIONS OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE , CONSTITUTE AN IMPORTANT MEANS OF ENSURING THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES AND AS SUCH MAY BE CONSIDERED AS A VALID AID TO THE INTERPRETATION OF THE TARIFF . HOWEVER , SUCH NOTES AND OPINIONS DO NOT HAVE LEGALLY BINDING FORCE SO THAT , WHERE APPROPRIATE , IT IS NECESSARY TO CONSIDER WHETHER THEIR CONTENT IS IN ACCORDANCE WITH THE ACTUAL PROVISIONS OF THE COMMON CUSTOMS TARIFF AND WHETHER THEY ALTER THE MEANING OF SUCH PROVISIONS .

2 . THE EXPRESSION ' ' BREATHING APPLIANCES ( INCLUDING GAS MASKS AND SIMILAR RESPIRATORS ) ' ' OCCURRING IN TARIFF HEADING 90.18 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED AS MEANING THAT IT ALSO INCLUDES SIMPLE FILTER MASKS WHICH , ALTHOUGH COVERING ONLY THE MOUTH AND NOSE , SERVE AS PROTECTION AGAINST TOXIC CHEMICAL PRODUCTS , DUST , SMOKE AND FOG AND WHICH ARE INTENDED TO BE USED ONCE ONLY .
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Summary



Keywords

1 . OFFICIALS - APPLICATION - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - UNSIGNED PRINTED FORM NOT STATING ANY REASONS - EXCLUSION

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - SOCIAL SECURITY - SICKNESS INSURANCE - DEPENDENT CHILDREN - AGE-LIMIT - REFERENCE TO PROVISIONS RELATING TO THE DEPENDENT-CHILD ALLOWANCE

( STAFF REGULATIONS , ART . 72 ; ANNEX VII , ART . 2 )

Summary

1 . FOR A DECISION TO BE CAPABLE OF BEING DESCRIBED AS AN ACT ADVERSELY AFFECTING AN OFFICIAL WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS IT MUST HAVE BEEN SPECIFICALLY ADOPTED BY THE APPOINTING AUTHORITY OR ON ITS BEHALF .

AN UNSIGNED FORM , CONTAINING A LACONIC HANDWRITTEN FORM OF WORDS , THAT IS TO SAY WITHOUT THE MEREST STATEMENT OF REASONS , CANNOT BE REGARDED AS AN EXPRESS MANIFESTATION OF AN ADMINISTRATIVE INTENTION WHICH CREATES LEGAL EFFECTS AND IS CAPABLE OF BEING AN ' ' ACT ADVERSELY AFFECTING AN OFFICIAL ' ' WITHIN THE MEANING OF ARTICLE 90 ( 2 ).

2 . THE SYSTEM ESTABLISHED BY THE STAFF REGULATIONS HAS THE SAME CONDITIONS FOR THE GRANT OF THE DEPENDENT-CHILD ALLOWANCE AND OF SICKNESS INSURANCE FOR DEPENDENT CHILDREN . THAT IS THE MEANING OF THE REFERENCE IN ARTICLE 72 TO ARTICLE 2 OF ANNEX VII VIEWED AS A WHOLE . CONSEQUENTLY THE AGE-LIMIT LAID DOWN BY ARTICLE 2 OF ANNEX VII ALSO APPLIES TO SICKNESS INSURANCE FOR CHILDREN .
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1 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - DUTY OF ADMINISTRATION TO FILL VACANCY - NONE - RIGHT OF OFFICIAL ON LEAVE ON PERSONAL GROUNDS TO BE REINSTATED - NONE

( STAFF REGULATIONS OF OFFICIALS , ARTS 4 , 29 AND 40 ( 4 ) ( D ))

2 . OFFICIALS - LEAVE ON PERSONAL GROUNDS - REINSTATEMENT - RIGHT OF PERSON CONCERNED - CANNOT BE CONTESTED ON GROUND OF AN ADMINISTRATIVE PRACTICE LIMITING RECRUITMENT TO TEMPORARY EMPLOYEES

( STAFF REGULATIONS OF OFFICIALS , ART . 40 ( 4 ) ( D ))

Summary

1 . NO PROVISION OF THE STAFF REGULATIONS STATES THAT ONCE A RECRUITMENT PROCEDURE HAS BEEN INITIATED THE APPOINTING AUTHORITY IS OBLIGED TO PURSUE IT BY FILLING THE POST WHICH HAS BECOME VACANT . IF FOR LEGITIMATE REASONS BASED IN PARTICULAR ON THE CURRENT REQUIREMENTS OF ITS DEPARTMENTS AND THE PRIORITY OF THE TASKS TO BE CARRIED OUT BY IT , THE APPOINTING AUTHORITY HAS DECIDED NOT TO FILL A POST FOR WHICH A VACANCY NOTICE HAS BEEN PUBLISHED , AN OFFICIAL ON LEAVE ON PERSONAL GROUNDS MAY NOT INSIST ON BEING REINSTATED IN THAT POST .

2 . THE ADMINISTRATION CANNOT , WHEN FACED WITH A REQUEST FOR REINSTATEMENT BY AN OFFICIAL ON LEAVE ON PERSONAL GROUNDS , RELY ON THE FACT THAT IT NOW EMPLOYS ONLY TEMPORARY EMPLOYEES , WHATEVER THE NATURE OF THE WORK UNDER CONSIDERATION , OTHERWISE THE RIGHT OF THE OFFICIAL TO BE REINSTATED , WHICH IS CONFERRED BY ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS , WOULD BE RENDERED ILLUSORY .
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Keywords

1 . OFFICIALS - RECRUITMENT - COMPETITION - SELECTION BOARD - REFUSAL TO ADMIT TO A COMPETITION - INACCURATE ASSESSMENT OF A DOUBTFUL ADMINISTRATIVE SITUATION - DUTY OF THE SELECTION BOARD TO INVESTIGATE OF ITS OWN MOTION - ABSENCE - UNLAWFULNESS OF THE DECISION

( STAFF REGULATIONS , ANNEX III , ART . 5 )

2 . PROCEDURE - COSTS - EACH PARTY TO PAY ITS OWN COSTS - EXCEPTIONAL CIRCUMSTANCE

( RULES OF PROCEDURE , ART . 69 ( 3 ), FIRST SUBPARAGRAPH )

Summary

1 . WHILST A SELECTION BOARD RESPONSIBLE FOR THE MANAGEMENT OF A COMPETITION FOR WHICH THERE IS A LARGE NUMBER OF CANDIDATES CANNOT BE CRITICIZED FOR NOT TAKING THE INITIATIVE OF CLARIFYING OF ITS OWN MOTION THE ADMINISTRATIVE SITUATION , NOT YET DETERMINED WHEN IT MADE ITS DECISION , OF A CANDIDATE WHOM IT REFUSED TO ADMIT , WHERE IT IS ESTABLISHED THAT THERE HAS BEEN AN ERROR IN ITS ASSESSMENT THE DECISION IN QUESTION MUST BE ANNULLED IN ORDER TO ENABLE THE ADMINISTRATION TO TAKE A FRESH DECISION WHICH ACCORDS WITH THE CANDIDATE ' S SITUATION AS SUBSEQUENTLY ACKNOWLEDGED BY IT .

2 . IT WOULD BE INEQUITABLE TO ALLOW AN OFFICIAL WHO HAS OBTAINED THE ANNULMENT OF A DECISION OF A SELECTION BOARD REFUSING TO ADMIT HIM TO A COMPETITION TO BURDEN THE INSTITUTION IN QUESTION WITH THE COSTS OF LEGAL PROCEEDINGS WHICH HE COULD HAVE AVOIDED BY CARE TO INFORM THE SELECTION BOARD , WHICH GAVE ITS DECISION ON THE BASIS OF AN ADMINISTRATIVE SITUATION NOT THEN DETERMINED , OF CONCURRENT PROCEEDINGS COMMENCED BY HIM THROUGH OFFICIAL CHANNELS IN ORDER TO OBTAIN RECTIFICATION OF THAT SITUATION . THE POWER GIVEN TO THE COURT UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE SHOULD BE EXERCISED AND THE PARTIES SHOULD BE ORDERED TO PAY THEIR OWN COSTS .
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Summary



Keywords

1 . OFFICIALS - LEAVE ON PERSONAL GROUNDS - EXPIRY - REINSTATEMENT - NO SUITABLE POST OFFERED - CONSEQUENCES - DATE ON WHICH REINSTATEMENT ACTUALLY TAKES EFFECT - DUTY OF INSTITUTION TO RECONSTRUCT CAREER OF PERSON CONCERNED - NONE

( STAFF REGULATIONS OF OFFICIALS , ART . 40 ( 4 ) ( D ))

2.OFFICIALS - LEAVE ON PERSONAL GROUNDS - EXPIRY - UNLAWFUL FAILURE TO REINSTATE - CONSEQUENCES - DUTY OF ADMINISTRATION TO PAY COMPENSATION - CONDITIONS - PECUNIARY DAMAGE - DEFINITE NATURE - EVALUATION - CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ART . 40 ( 4 ) ( D ))

Summary

1 . WHEN IT IS DEMONSTRATED THAT AN INSTITUTION SHOULD HAVE OFFERED A POST TO AN OFFICIAL WITH A VIEW TO REINSTATING HIM PURSUANT TO ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS , THE REINSTATEMENT OF THE PERSON CONCERNED MUST ACTUALLY TAKE EFFECT , AS REGARDS SENIORITY IN GRADE AND STEP AND FOR PENSION PURPOSES , FROM THE DATE ON WHICH IT WOULD HAVE BEEN POSSIBLE TO REINSTATE HIM , HAD THE INSTITUTION IN QUESTION OFFERED HIM THE POST .

ON THE OTHER HAND , THE INSTITUTION MAY NOT BE ORDERED TO RECONSTRUCT THE CAREER OF THE PERSON CONCERNED , ON THE GROUNDS THAT IT CANNOT BE DETERMINED WITH ANY CERTAINTY WHAT CHANCES HE WOULD HAVE HAD OF ADVANCEMENT IF HE HAD BEEN REINSTATED AT THE PROPER TIME .

2.OFFICIALS WHO , OWING TO THE UNLAWFUL CONDUCT OF AN INSTITUTION , HAVE NOT BEEN REINSTATED UPON THE EXPIRY OF THEIR LEAVE ON PERSONAL GROUNDS ARE ENTITLED TO RECEIVE COMPENSATION FOR THE ACTUAL DAMAGE THEY HAVE SUFFERED THROUGH THE LOSS OF THEIR SALARIES , AND , IN PRINCIPLE , THE COMPENSATION PAYABLE ON THAT ACCOUNT MUST BE EQUAL TO THE NET REMUNERATION TO WHICH THEY WOULD HAVE BEEN ENTITLED , SUBJECT TO DEDUCTION OF THE NET EARNED INCOME RECEIVED FOR THE SAME PERIOD WHILE ENGAGED IN OTHER EMPLOYMENT , WITH THE PROVISO THAT THE PERSONS CONCERNED MUST MAKE REASONABLE EFFORTS TO MITIGATE THEIR LOSSES , IF NECESSARY BY LOOKING FOR ALTERNATIVE EMPLOYMENT .

ON THE OTHER HAND , THE INSTITUTION MAY NOT BE ORDERED TO COMPENSATE FOR THE LOSS ALLEGEDLY SUFFERED BY AN OFFICIAL IN THE DEVELOPMENT OF HIS CAREER , SINCE HIS CHANCES OF ADVANCEMENT IF HE HAD BEEN REINSTATED AT THE PROPER TIME ARE SO VAGUE AND HYPOTHETICAL THAT THEY DO NOT IN THEMSELVES JUSTIFY A FINDING THAT HE SUFFERED PECUNIARY DAMAGE UNDER THIS HEAD .
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Summary



Keywords

1 . OFFICIALS - STAFF REGULATIONS - REGULATION AMENDING THE STAFF REGULATIONS - FORMULATION PROCEDURE - REGULAR CONSULTATION WITH THE PARLIAMENT - ESSENTIAL PROCEDURAL REQUIREMENT - SCOPE

( MERGER TREATY , ART . 24 )

2 . OFFICIALS - STAFF REGULATIONS - REGULATION AMENDING THE STAFF REGULATIONS - FORMULATION PROCEDURE - CONSULTATION WITH THE ECONOMIC AND SOCIAL COMMITTEE AND THE COURT OF AUDITORS - CONSULTATION NOT MANDATORY

( MERGER TREATY , ART . 24 ) ( STAFF REGULATIONS OF OFFICIALS , ART . 2 , SECOND PARAGRAPH )

3 . OFFICIALS - EQUALITY OF TREATMENT - DIFFERENCE OF TREATMENT AS BETWEEN SERVING OFFICIALS AND PENSIONERS - ABSENCE OF DISCRIMINATION

Summary

1 . THE CONSULTATION PROVIDED FOR BY ARTICLE 24 OF THE MERGER TREATY , WHICH IN PARTICULAR ENABLES THE PARLIAMENT EFFECTIVELY TO PARTICIPATE IN THE COMMUNITY ' S LEGISLATIVE PROCESS , IS AN ESSENTIAL FEATURE OF THE INSTITUTIONAL BALANCE WHICH THE TREATIES SEEK TO ACHIEVE . REGULAR CONSULTATION WITH THE PARLIAMENT BEFORE THE ADOPTION OF A REGULATION AMENDING THE STAFF REGULATIONS OF OFFICIALS CONSTITUTES THEREFORE AN ESSENTIAL PROCEDURAL REQUIREMENT , THE DISREGARD OF WHICH RENDERS THE REGULATION IN QUESTION VOID .

THAT REQUIREMENT MAY BE REGARDED AS HAVING BEEN MET WHEN THE REGULATION FINALLY ADOPTED CONFORMS TO THE PROPOSAL SUBMITTED TO THE PARLIAMENT , SO LONG AS CHANGES MADE ARE OF METHOD RATHER THAN OF SUBSTANCE .

2 . SINCE THE ECONOMIC AND SOCIAL COMMITTEE AND THE COURT OF AUDITORS ARE NOT SHOWN IN THE TREATIES AS INSTITUTIONS OF THE THREE COMMUNITIES IT FOLLOWS THAT CONSULTATION WITH THE ECONOMIC AND SOCIAL COMMITTEE AND THE COURT OF AUDITORS IS NOT MANDATORY WHEN A REGULATION AMENDING THE STAFF REGULATIONS OF OFFICIALS IS ADOPTED . ALTHOUGH , ACCORDING TO THE SECOND PARAGRAPH OF ARTICLE 1 OF THE STAFF REGULATIONS , THE ECONOMIC AND SOCIAL COMMITTEE AND THE COURT OF AUDITORS ARE TREATED AS COMMUNITY INSTITUTIONS FOR THE PURPOSES OF THE STAFF REGULATIONS THAT TREATMENT , THE OBJECT OF WHICH IS TO ENSURE THAT THE STAFF REGULATIONS ARE APPLIED TO THE OFFICIALS AND OTHER SERVANTS OF THOSE TWO BODIES AND TO IDENTIFY THE APPOINTING AUTHORITY FOR THOSE EMPLOYEES , DOES NOT HOWEVER EXTEND TO THE APPLICATION OF THE PROVISIONS OF THE TREATIES , SUCH AS ARTICLE 24 OF THE MERGER TREATY , RELATING TO THE ADOPTION OF COMMUNITY REGULATIONS .

3 . DISCRIMINATION CONSISTS OF TREATING IN AN IDENTICAL MANNER SITUATIONS WHICH ARE DIFFERENT OR TREATING IN A DIFFERENT MANNER SITUATIONS WHICH ARE IDENTICAL . THE SITUATION OF A SERVING OFFICIAL DIFFERS CONSIDERABLY FROM THAT OF A PENSIONER , SO THAT THERE IS NO DISCRIMINATION IN A CASE WHERE THE COMMUNITY LEGISLATURE ACCORDS TO PENSIONERS TREATMENT WHICH IS NOT IDENTICAL TO THAT APPLIED TO SERVING OFFICIALS .
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Summary



Keywords

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

Summary

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 .
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Summary



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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - FRONTIER WORKER - ACQUISITION OF ENTITLEMENT TO BENEFITS IN THE STATE OF EMPLOYMENT PURSUANT TO COMMUNITY LAW

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 13 ( 2 ) ( A ) AND ART . 73 ( 1 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - COMMUNITY RULES ON OVERLAPPING - APPLICATION REMOVING ENTITLEMENT TO BENEFITS AFFORDED BY NATIONAL LEGISLATION ALONE - NOT PERMISSIBLE

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - COMMUNITY RULES ON OVERLAPPING - ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 - BENEFITS PAYABLE BY THE STATE OF RESIDENCE - SUSPENSION OF ENTITLEMENT TO BENEFITS IN THE STATE OF EMPLOYMENT - SUSPENSION RESTRICTED TO THE AMOUNT RECEIVED IN THE STATE OF RESIDENCE

( REGULATION NO 574/72 OF THE COUNCIL , ART . 10 ( 1 ) ( A ) AS AMENDED BY REGULATIONS NOS 878/73 AND 1209/76 )

Summary

1 . BY VIRTUE OF ARTICLES 73 AND 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 TAKEN TOGETHER A FRONTIER WORKER RESIDING WITH HIS WIFE AND CHILDREN IN A MEMBER STATE OTHER THAN THE STATE OF EMPLOYMENT ACQUIRES AN ENTITLEMENT UNDER COMMUNITY LAW TO FAMILY ALLOWANCES IN THE LATTER STATE .

2 . A RULE DESIGNED TO PREVENT THE OVERLAPPING OF FAMILY ALLOWANCES IS APPLICABLE ONLY TO THE EXTENT TO WHICH IT DOES NOT , WITHOUT CAUSE , DEPRIVE THOSE CONCERNED OF THE BENEFIT OF AN ENTITLEMENT TO BENEFITS CONFERRED ON THEM BY THE LEGISLATION OF A MEMBER STATE .

3 . ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 AS AMENDED SUSPENDS PAYMENT OF FAMILY BENEFITS OR FAMILY ALLOWANCES PAYABLE UNDER THE LEGISLATION OF THE STATE OF EMPLOYMENT ONLY UP TO THE AMOUNT RECEIVED , IN RESPECT OF THE SAME PERIOD AND THE SAME MEMBER OF THE FAMILY , IN THE STATE OF RESIDENCE BY THE SPOUSE PURSUING A PROFESSIONAL OR TRADE ACTIVITY WITHIN THE TERRITORY OF THAT STATE .
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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - ADMINISTRATIVE COMMISSION - AUTHORIZATION BY THE COUNCIL TO ENACT MEASURES HAVING THE FORCE OF LAW - INCOMPATIBILITY WITH THE EEC TREATY - DECISIONS OF THE ADMINISTRATIVE COMMISSION - NOT BINDING ON NATIONAL AUTHORITIES

( EEC TREATY , ARTS . 155 , 173 AND 177 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 81 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - PENSION DUE UNDER THE LEGISLATION OF A SINGLE MEMBER STATE - REDUCTION ON ACCOUNT OF A PENSION GRANTED BY ANOTHER MEMBER STATE - RECOVERY OF PROVISIONAL ADVANCES - EXCHANGE RATE APPLICABLE FOR THE PURPOSE OF CALCULATING THE AMOUNT TO BE RECOVERED

( EEC TREATY , ART . 51 )

Summary

1 . IT FOLLOWS BOTH FROM ARTICLE 155 OF THE TREATY AND THE JUDICIAL SYSTEM CREATED BY THE TREATY , AND IN PARTICULAR BY ARTICLES 173 AND 177 THEREOF , THAT A BODY SUCH AS THE ADMINISTRATIVE COMMISSION MAY NOT BE EMPOWERED BY THE COUNCIL TO ADOPT ACTS HAVING THE FORCE OF LAW . WHILST A DECISION OF THE ADMINISTRATIVE COMMISSION MAY PROVIDE AN AID TO SOCIAL SECURITY INSTITUTIONS RESPONSIBLE FOR APPLYING COMMUNITY LAW IN THIS FIELD , IT IS NOT OF SUCH A NATURE AS TO REQUIRE THOSE INSTITUTIONS TO USE CERTAIN METHODS OR ADOPT CERTAIN INTERPRETATIONS WHEN THEY COME TO APPLY THE COMMUNITY RULES . A DECISION OF THE ADMINISTRATIVE COMMISSION DOES NOT THEREFORE BIND NATIONAL COURTS .

2 . WHEN A FULL PENSION IS GRANTED TO A WORKER UNDER THE NATIONAL LEGISLATION OF A MEMBER STATE A ALONE AND , IN IMPLEMENTATION OF COMMUNITY RULES , HE IS ALSO AWARDED A PENSION IN MEMBER STATE B WHICH IS REDUCED BY THE AMOUNT OF THE FULL PENSION GRANTED BY THE COMPETENT INSTITUTION IN MEMBER STATE A , IT IS NOT COMPATIBLE WITH ARTICLE 51 OF THE TREATY FOR THAT LEGISLATION TO BE APPLIED IN A WAY WHICH IN ANY GIVEN PERIOD WOULD ALLOW THE AMOUNT OF THE ADVANCE PAYMENTS MADE TO THE RECIPIENT RECOVERED BY THE COMPETENT INSTITUTION IN MEMBER STATE A TO EXCEED THE AMOUNT OF PENSION OR ARREARS OF PENSION TRANSFERRED TO THAT INSTITUTION BY THE SOCIAL SECURITY INSTITUTION IN MEMBER STATE B AND CONVERTED INTO MEMBER STATE A ' S NATIONAL CURRENCY ON THE DATE OF TRANSFER .
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Keywords

1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EXCLUSIVE PURCHASING OBLIGATION IMPOSED BY A COOPERATIVE ON ITS MEMBERS - ADVERSE EFFECT ON COMPETITION

( EEC TREATY , ART . 85 ( 1 ))

2 . AGRICULTURE - AGRICULTURAL PRODUCTS - PRODUCTS LISTED IN ANNEX II TO THE TREATY - CONCEPTS - INTERPRETATION - REFERENCE TO THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE

( EEC TREATY , ART . 38 ( 3 ) AND ANNEX II )

3 . AGRICULTURE - RULES OF COMPETITION - REGULATION NO 26 - SCOPE - PRODUCTS NOT LISTED IN ANNEX II TO THE TREATY - EXCLUSION

( EEC TREATY , ART . 42 AND ANNEX II ; REGULATION NO 26 OF THE COUNCIL )

Summary

1 . THE RULES OF A PRODUCTION COOPERATIVE , WHICH REQUIRE ITS MEMBERS TO OBTAIN FROM IT ALL THE SUPPLIES OF CERTAIN PRODUCTS WHICH THEY NEED AND WHICH REINFORCE THAT OBLIGATION BY STIPULATING THE PAYMENT OF A NOT INCONSIDERABLE SUM IN THE EVENT OF RESIGNATION OR EXPULSION , HAVE CLEARLY AS THEIR OBJECTIVE TO PREVENT MEMBERS FROM OBTAINING SUPPLIES FROM OTHER SUPPLIERS OF THOSE PRODUCTS OR FROM MAKING THEM THEMSELVES SHOULD THOSE ALTERNATIVES OFFER ADVANTAGES FROM THE POINT OF VIEW OF QUALITY OR PRICE . WHERE A COOPERATIVE IS VIRTUALLY THE ONLY SUPPLIER OF THE PRODUCTS IN QUESTION ON THE MARKET OF A MEMBER STATE SUCH RULES ARE OF SUCH A NATURE AS TO PREVENT COMPETITION AT THE SUPPLY LEVEL BETWEEN PRODUCERS HOLDING A LARGE PART OF THE COMMUNITY MARKET AND ALSO TEND TO RULE OUT THE POSSIBILITY OF CREATING A COMPETITIVE SITUATION ON THE WHOLE OF THE NATIONAL MARKET IN THOSE PRODUCTS .

2 . SINCE THERE ARE NO COMMUNITY PROVISIONS EXPLAINING THE CONCEPTS CONTAINED IN ANNEX II TO THE EEC TREATY AND THAT ANNEX ADOPTS WORD FOR WORD CERTAIN HEADINGS OF THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE , IT IS APPROPRIATE TO REFER TO THE SAID EXPLANATORY NOTES IN ORDER TO INTERPRET THAT ANNEX .

3 . THE SCOPE OF REGULATION NO 26 APPLYING CERTAIN RULES OF COMPETITION TO PRODUCTION OF AND TRADE IN AGRICULTURAL PRODUCTS WAS RESTRICTED BY ARTICLE 1 THEREOF TO THE PRODUCTION OF AND TRADE IN THE PRODUCTS LISTED IN ANNEX II TO THE TREATY . THAT REGULATION MAY NOT THEREFORE BE APPLIED TO THE MANUFACTURE OF A PRODUCT WHICH DOES NOT COME UNDER ANNEX II EVEN IF IT IS A SUBSTANCE ANCILLARY TO THE PRODUCTION OF ANOTHER PRODUCT WHICH ITSELF COMES UNDER THAT ANNEX .
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OFFICIALS - APPLICATION TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - ACT EMANATING FROM THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS , ART . 91 )

Summary

THE APPEAL REFERRED TO IN ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS MAY BE DIRECTED ONLY AGAINST AN ACT ADVERSELY AFFECTING AN OFFICIAL AND EMANATING FROM THE APPOINTING AUTHORITY .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT POSSIBLE

Summary

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 RESULTING FROM COMMUNITY DIRECTIVES .
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FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT RIGHT - PROTECTION - LIMITS - PRODUCT PROTECTED IN ONE MEMBER STATE MARKETED BY THE PROPRIETOR OF THE PATENT IN ANOTHER MEMBER STATE WHERE THE PRODUCT IS NOT PATENTABLE - OBJECTION BY PROPRIETOR TO IMPORTATION OF PRODUCT INTO THE MEMBER STATE WHERE PROTECTION EXISTS - NOT PERMISSIBLE

( EEC TREATY , ART . 36 )

Summary

THE SUBSTANCE OF A PATENT RIGHT LIES ESSENTIALLY IN ACCORDING THE INVENTOR AN EXCLUSIVE RIGHT OF FIRST PLACING THE PRODUCT ON THE MARKET ; THAT RIGHT ENABLES THE INVENTOR , BY ALLOWING HIM A MONOPOLY IN EXPLOITING HIS PRODUCT , TO OBTAIN THE REWARD FOR HIS CREATIVE EFFORT WITHOUT , HOWEVER , GUARANTEEING THAT HE WILL OBTAIN SUCH A REWARD IN ALL CIRCUMSTANCES . ALTHOUGH IT IS FOR THE PROPRIETOR OF THE PATENT TO DECIDE , IN THE LIGHT OF ALL THE CIRCUMSTANCES , UNDER WHAT CONDITIONS HE WILL SELL HIS PRODUCT , AND TO MARKET IT IN A MEMBER STATE WHERE THE LAW DOES NOT PROVIDE PATENT PROTECTION FOR THE PRODUCT IN QUESTION , HE MUST THEN ACCEPT THE CONSEQUENCES OF HIS CHOICE AS REGARDS THE FREE MOVEMENT OF THE PRODUCT WITHIN THE COMMON MARKET , WHICH IS A FUNDAMENTAL PRINCIPLE FORMING PART OF THE LEGAL AND ECONOMIC CIRCUMSTANCES WHICH MUST BE TAKEN INTO ACCOUNT BY THE PROPRIETOR OF THE PATENT IN DETERMINING THE MANNER IN WHICH HIS EXCLUSIVE RIGHT WILL BE EXERCISED .

ACCORDINGLY , THE RULES OF THE EEC TREATY CONCERNING THE FREE MOVEMENT OF GOODS , INCLUDING THE PROVISIONS OF ARTICLE 36 , MUST BE INTERPRETED AS PREVENTING THE PROPRIETOR OF A PATENT FOR A MEDICINAL PREPARATION WHO SELLS IT IN ONE MEMBER STATE WHERE PATENT PROTECTION EXISTS , AND THEN MARKETS IT HIMSELF IN ANOTHER MEMBER STATE WHERE THERE IS NO SUCH PROTECTION , FROM AVAILING HIMSELF OF THE RIGHT CONFERRED BY THE LEGISLATION OF THE FIRST MEMBER STATE TO PREVENT THE MARKETING IN THAT STATE OF THE SAID PREPARATION IMPORTED FROM THE OTHER MEMBER STATE .
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OFFICIALS - REMUNERATION - BASIC SALARY - CONCEPT - APPLICATION FOR THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE CREDITED IN THE EVENT OF TRANSFER OF PENSION RIGHTS

( STAFF REGULATIONS OF OFFICIALS , ART . 66 AND ANNEX VIII , ART . 11 ( 2 ))

Summary

THE BASIC SALARY , AS PROVIDED FOR IN ARTICLE 66 OF THE STAFF REGULATIONS OF OFFICIALS , COMPRISES THE AMOUNTS SHOWN IN THE TABLE CONTAINED IN THAT PROVISION , ADJUSTED , WHERE APPROPRIATE , BY THE WEIGHTING ADOPTED FOR THE SEATS OF THE COMMUNITIES BY THE COUNCIL IN THE LIGHT OF THE ANNUAL REVIEW PROVIDED FOR BY ARTICLE 65 , AND THE MEANING OF THE EXPRESSION ' ' BASIC SALARY ' ' CANNOT VARY FROM ONE PROVISION TO ANOTHER IN THE ABSENCE OF OBJECTIVE CONSIDERATIONS JUSTIFYING SUCH A DIFFERENCE .

THE CONCEPT OF BASIC SALARY AS THUS DEFINED IS VALID IN PARTICULAR FOR THE APPLICATION OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS .
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APPLICATION FOR A DECLARATION OF NULLITY - APPLICATION DIRECTED AGAINST A REGULATION WHICH WAS CONFIRMED BY ANOTHER REGULATION ADOPTED DURING THE PROCEEDINGS - DISMISSAL AS UNFOUNDED OF THE APPLICATION SUBMITTED IN THE MEANTIME AND DIRECTED AGAINST THE NEW REGULATION - CONTINUATION OF PROCEEDINGS AGAINST THE FIRST REGULATION DEVOID OF PURPOSE - DECISION ON THE POINT AT ISSUE UNNECESSARY

( EEC TREATY , ART . 172 )
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OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - DETAILED RULES - GRADE OR ESTABLISHMENT TO BE TAKEN INTO ACCOUNT - OFFICIAL ENGAGED BEFORE THE ENTRY INTO FORCE OF THE STAFF REGULATIONS

( EEC TREATY , ART . 246 ( 3 ); STAFF REGULATIONS , ART . 102 AND ANNEX VIII , ARTS 11 ( 2 ) AND 48 )

Summary

IT FOLLOWS FROM THE PROVISIONS OF ARTICLE 246 ( 3 ) OF THE EEC TREATY , THE PROVISIONS OF ARTICLE 102 OF THE STAFF REGULATIONS OF OFFICIALS AND ARTICLE 48 OF ANNEX VIII THERETO THAT AN OFFICIAL WHO TOOK UP HIS DUTIES ON THE BASIS OF A CONTRACT CONCLUDED PRIOR TO THE ADOPTION OF THE STAFF REGULATIONS MAY NOT CLAIM TO HAVE BECOME ESTABLISHED BEFORE THE STAFF REGULATIONS ENTERED INTO FORCE . THAT IS TRUE , IN PARTICULAR , FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS WHICH RELATES TO THE TRANSFER OF PENSION RIGHTS .