ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . COMMUNITY LAW - INTERPRETATION - PRINCIPLE OF UNIFORM INTERPRETATION - LIMITS

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - EXPORT REFUNDS - PRODUCTS EXCLUDED - ' ' THIN FLANK ' ' - PRECISE ANATOMICAL DEFINITION - JURISDICTION OF NATIONAL COURTS

( COMMISSION REGULATION NO 2787/81 , ANNEX )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - EXPORT REFUNDS - PIECES OF VEAL CONTAINING THIN FLANK - GRANT OF REFUNDS - CRITERIA

( COMMISSION REGULATION NO 2787/81 )

Summary

1 . THE NEED FOR A UNIFORM APPLICATION OF COMMUNITY LAW AND THE PRINCIPLE OF EQUALITY THAT THE TERMS OF A PROVISION OF COMMUNITY LAW WHICH MAKES NO EXPRESS REFERENCE TO THE LAW OF THE MEMBER STATES FOR THE PURPOSE OF DETERMINING ITS MEANING AND SCOPE MUST NORMALLY BE GIVEN AN INDEPENDENT AND UNIFORM INTERPRETATION THROUGHOUT THE COMMUNITY ; THAT INTERPRETATION MUST TAKE INTO ACCOUNT THE CONTEXT OF THE PROVISION AND THE PURPOSE OF THE RELEVANT REGULATIONS .

HOWEVER , WHERE THE COMMUNITY LEGISLATURE INCORPORATES INTO A REGULATION AN IMPLIED REFERENCE TO NATIONAL CUSTOMS AND PRACTICES , IT IS NOT FOR THE COURT OF JUSTICE TO GIVE A UNIFORM COMMUNITY DEFINITION OF THE TERMS USED .

2.FOR THE PRECISE ANATOMICAL DEFINITION OF THE CUT OF MEAT CALLED ' ' THIN FLANK ' ' IN SUBHEADING EX 02.01 A II ( A ) 4 . ( BB ) OF THE LIST APPENDED TO REGULATION NO 2787/81 REFERENCE MUST BE MADE TO THE METHOD NORMALLY USED IN THE MEMBER STATE OR REGION CONCERNED FOR CUTTING AND BONING BOVINE CARCASES . IT IS FOR THE NATIONAL COURT TO ESTABLISH WHAT THAT DEFINITION IS .

3.REGULATION NO 2787/81 MUST BE INTERPRETED AS MEANING THAT EXPORT REFUNDS ARE PAYABLE ON CUTS OF MEAT COMPRISING A PORTION OF THIN FLANK , PROVIDED THAT , HAVING REGARD TO THE CONSUMER HABITS , TRADE PRACTICES AND NORMAL METHODS OF CUTTING AND BONING BEEF AND VEAL IN THE MEMBER STATE OR REGION CONCERNED , THE PORTION OF THIN FLANK DOES NOT DETERMINE THE ESSENTIAL CHARACTER OF THE CUT .
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Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - STATE AID - AID FOR THE PRODUCTION OF DURUM WHEAT - INCOMPATIBILITY WITH COMMUNITY LEGISLATION

( REGULATION ( EEC ) NO 2727/75 , ART . 10 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - STATE AID - MEASURES TO ENCOURAGE THE USE OF TABLE GRAPES FOR WINE PRODUCTION - INCOMPATIBILITY WITH COMMUNITY LEGISLATION

( COUNCIL REGULATION ( EEC ) NO 337/79 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - STATE AID - AID FOR THE PROCESSING OF TOMATOES - INCOMPATIBILITY WITH COMMUNITY LEGISLATION

( COUNCIL REGULATION ( EEC ) NO 516/77 , AS AMENDED BY REGULATION ( EEC ) NO 1152/78 , ARTS 3A TO 3C )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - SCOPE - ALMONDS , HAZEL-NUTS AND PISTACHIO NUTS - INCLUSION

( REGULATION ( EEC ) NO 1035/72 OF THE COUNCIL )

Summary

1 . ARTICLE 10 OF REGULATION NO 2727/75 PROVIDES FOR THE GRANT , ON CERTAIN CONDITIONS , OF AID OF A UNIFORM AMOUNT FOR THE WHOLE COMMUNITY FOR THE PRODUCTION OF DURUM WHEAT . IT FOLLOWS FROM THAT SYSTEM THAT ANY SUPPORT MEASURE FOR CEREALS MUST BE DECIDED UPON AT COMMUNITY LEVEL IN ORDER TO AVOID THE RISK OF JEOPARDIZING THE FUNCTIONING OF THE COMMON ORGANIZATION BY THE GRANT OF ADDITIONAL AID . THE GRANT OF NATIONAL AID FOR THE PRODUCTION OF DURUM WHEAT IS THEREFORE CONTRARY TO THE RELEVANT COMMUNITY LEGISLATION AND IS CAPABLE OF DISTORTING THE SYS- TEM ESTABLISHED BY REGULATION NO 2727/75 .

2.UNDER THE COMMON ORGANIZATION OF THE MARKET IN WINE THE COMMUNITY WISHES TO RESTRICT THE VINE VARIETIES INTENDED FOR THE PRODUCTION OF TABLE WINES AND ALSO THE PRODUCTION OF TABLE WINES , BECAUSE THEY ARE CONSIDERED TO BE OF INSUFFICIENT QUALITY . NATIONAL MEASURES INTENDED TO ENCOURAGE THE USE OF TABLE GRAPES FOR WINE PRODUCTION THEREFORE PURSUE AN OBJECTIVE WHICH IS IRRECONCILABLE WITH THE OBJECTIVES OF THE RELEVANT COMMUNITY LEGISLATION .

3.ARTICLES 3A TO 3C OF REGULATION NO 516/77 , WHICH WERE ADDED BY REGULATION NO 1152/78 , LAY DOWN A COMPREHENSIVE SET OF COMMUNITY RULES ON THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES , INCLUDING TOMATOES , WHICH ARE INTENDED TO STABILIZE THE COMMUNITY MARKET BY MEANS OF A COMMUNITY SYSTEM OF PRICES AND AID AND PRECLUDE THE GRANT OF FURTHER AID BY THE MEMBER STATES . IT FOLLOWS THAT NATIONAL AID INTENDED TO PROMOTE THE PROCESSING OF TOMATOES IS INCOMPATIBLE WITH THE RELEVANT COMMUNITY LEGISLATION .

4.ALMONDS , HAZEL-NUTS AND PISTACHIO NUTS FALL WITHIN THE SCOPE OF REGULATION NO 1035/72 , AS IS CLEAR FROM ARTICLE 1 THEREOF IN CONJUNCTION WITH HEADINGS NOS 08.05 A , B AND D OF THE COMMON CUSTOMS TARIFF .
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1 . APPLICATION FOR A DECLARATION OF NULLITY - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO SUCH PERSONS - REGULATION IMPOSING ANTI-DUMPING DUTIES - PRODUCERS AND EXPORTERS FROM NON-MEMBER COUNTRIES - IMPORTERS

( EEC TREATY , SECOND PARA . OF ART . 173 , COUNCIL REGULATION ( EEC ) NO 3017/79 , ARTS 2 AND 13 ( 1 ))

2.COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING PRACTICES - UNDERTAKING TO REVIEW PRICES - WITHDRAWAL - IMPOSITION OF PROVISIONAL ANTI-DUMPING DUTIES - CONDITIONS - CONSIDERATION OF NEW FACTS

( COUNCIL REGULATION ( EEC ) NO 3017/79 , ART . 10 ( 6 ))

Summary

1 . MEASURES IMPOSING ANTI-DUMPING DUTIES , ADOPTED PURSUANT TO REGULATION ( EEC ) NO 3017/79 , ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY , TO ANY PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE AFFECTED BY THE PRELIMINARY INVESTIGATIONS . THE POSITION IS DIFFERENT IN THE CASE OF AN IMPORTER ESTABLISHED IN THE COMMUNITY WHO IS NOT REFERRED TO IN THESE MEASURES AND WHO IS CONCERNED BY A REGULATION IMPOSING ANTI-DUMPING DUTIES ONLY IN SO FAR AS THE IMPORTER IN QUESTION OBJECTIVELY FALLS WITHIN THE SCOPE OF THAT REGULATION .

2.IT IS CLEAR FROM ARTICLE 10 ( 6 ) OF REGULATION NO 3017/79 THAT WHERE AN UNDERTAKING TO REVIEW PRICES WHICH WAS GIVEN IN CONNECTION WITH AN ANTI-DUMPING PROCEEDING HAS BEEN WITHDRAWN , THE COMMISSION MUST PROMPTLY APPLY PROVISIONAL MEASURES IF IT CONSIDERS THAT THE INTERESTS OF THE COMMUNITY CALL FOR SUCH ACTION . THE COMMISSION IS NOT REQUIRED TO CONDUCT A FURTHER INVESTIGATION AND MUST NORMALLY TAKE A DECISION ON THE BASIS OF THE INFORMATION WHICH WAS AT ITS DISPOSAL WHEN THE UNDERTAKINGS WHICH HAVE BEEN WITHDRAWN WERE GIVEN .

IF A TRADER , WHEN WITHDRAWING HIS UNDERTAKING , CONSIDERS THAT THERE ARE GROUNDS JUSTIFYING A REVIEW OF HIS POSITION AND A GRANT OF EXEMPTION FROM ANY ANTI-DUMPING DUTY IN SPITE OF THE WITHDRAWAL OF SUCH UNDERTAKING , IT IS INCUMBENT ON HIM TO SUBMIT TO THE COMMISSION APPROPRIATE EVIDENCE IN SUPPORT OF HIS VIEW .
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PROCEDURE - REVISION OF A JUDGMENT - CONDITIONS FOR ADMISSIBILITY OF THE APPLICATION - OBJECTION TO THE GROUNDS AND THE OPERATIVE PART OF THE CONTESTED JUDGMENT .

( RULES OF PROCEDURE , ART . 99 ( 1 ))

Summary

AN APPLICATION FOR REVISION WHICH DOES NOT CONTEST EITHER THE GROUNDS OR THE OPERATIVE PART OF THE JUDGMENT AT ISSUE AND WHICH IS , IN REALITY , NOT DIRECTED AT THAT JUDGMENT BUT AT THE MEASURES ADOPTED BY AN INSTITUTION FOR ITS IMPLEMENTATION , IS INADMISSIBLE .
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1 . AID GRANTED BY STATES - PROVISIONS OF THE TREATY - APPLICATION TO A GROUP OF UNDERTAKINGS CREATED UNDER A RESTRUCTURING PLAN - CONDITIONS .

( EEC TREATY , ART . 92 )

2.AID GRANTED BY STATES - PLANS TO GRANT AID - REVIEW BY THE COMMISSION - HEARING OF THE PARTIES CONCERNED - NOTICE TO THE PARTIES CONCERNED TO SUBMIT THEIR COMMENTS - CONCEPT OF ' ' PARTIES CONCERNED ' ' - FORM OF NOTICE

3.AID GRANTED BY STATES - CONCEPT - AID IN THE FORM OF LOANS OR CAPITAL HOLDINGS - FORM IRRELEVANT FOR PURPOSES OF THE APPLICATION OF ARTICLE 92 OF THE TREATY

( EEC TREATY , ART . 92 ( 1 ) AND ( 3 ))

Summary

1 . IN CONNECTION WITH STATE AID AND FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 92 OF THE EEC TREATY , A PRE-EXISTING COMPANY AND THREE COMPANIES NEWLY CONSTITUTED , UNDER THE RESTRUCTURING PLAN FINANCED BY THE AID IN QUESTION , TO OPERATE THE FIRST COMPANY ' S PLANT , MAY BE REGARDED AS A SINGLE GROUP , WHERE IT IS ESTABLISHED THAT THE FIRST HAS AN INTEREST IN THE OTHER THREE AND ALL FOUR ARE CONTROLLED BY THE SAME PUBLIC AUTHORITY .

2 . FOR THE PURPOSES OF ARTICLE 93 ( 2 ) OF THE EEC TREATY , WHICH PROVIDES THAT THE COMMISSION IS TO TAKE A DECISION IN RELATION TO AID GRANTED ' ' AFTER GIVING NOTICE TO THE PARTIES CONCERNED TO SUBMIT THEIR COMMENTS ' ' , THE ' ' PARTIES CONCERNED ' ' ARE NOT ONLY THE UNDERTAKING OR UNDERTAKINGS RECEIVING AID BUT EQUALLY THE PERSONS , UNDERTAKINGS OR ASSOCIATIONS WHOSE INTERESTS MIGHT BE AFFECTED BY THE GRANT OF AID , IN PARTICULAR COMPETING UNDERTAKINGS AND TRADE ASSOCIATIONS . IN OTHER WORDS , THERE IS AN INDETERMINATE GROUP OF PERSONS TO WHOM NOTICE MUST BE GIVEN .

IT FOLLOWS THAT ARTICLE 93 ( 2 ) DOES NOT REQUIRE INDIVIDUAL NOTICE TO BE GIVEN TO PARTICULAR PERSONS . ITS SOLE PURPOSE IS TO OBLIGE THE COMMISSION TO TAKE STEPS TO ENSURE THAT ALL PERSONS WHO MAY BE CONCERNED ARE NOTIFIED AND GIVEN AN OPPORTUNITY OF PUTTING FORWARD THEIR ARGUMENTS . UNDER THOSE CIRCUMSTANCES , THE PUBLICATION OF A NOTICE IN THE OFFICIAL JOURNAL IS AN APPROPRIATE MEANS OF INFORMING ALL THE PARTIES CONCERNED THAT A PROCEDURE HAS BEEN INITIATED .

3 . THE TREATY APPLIES TO AID GRANTED BY A STATE OR THROUGH STATE RESOURCES ' ' IN ANY FORM WHATSOEVER ' ' . IT FOLLOWS THAT NO DISTINCTION CAN BE DRAWN BETWEEN AID GRANTED IN THE FORM OF LOANS AND AID GRANTED IN THE FORM OF A HOLDING ACQUIRED IN THE CAPITAL OF AN UNDERTAKING . AID TAKING EITHER FORM FALLS WITHIN THE PROHIBITION LAID DOWN IN ARTICLE 92 WHERE THE CONDITIONS SET OUT IN THAT PROVISION ARE FULFILLED .

THE GRANTING OF AID , ESPECIALLY IN THE FORM OF CAPITAL HOLDINGS ACQUIRED BY THE STATE OR BY PUBLIC AUTHORITIES , CANNOT BE REGARDED AS BEING AUTOMATICALLY CONTRARY TO THE PROVISIONS OF THE TREATY . THUS , IRRESPECTIVE OF THE FORM IN WHICH AID IS GRANTED , IT IS THE COMMISSION ' S TASK TO EXAMINE WHETHER IT IS CONTRARY TO ARTICLE 92 ( 1 ) AND , IF SO , TO ASSESS WHETHER THERE IS ANY POSSIBILITY OF ITS BEING EXEMPT UNDER ARTICLE 92 ( 3 ), GIVING THE GROUNDS ON WHICH ITS DECISION IS BASED ACCORDINGLY .
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1 . APPROXIMATION OF LAWS - CIVIL LIABILITY MOTOR INSURANCE - DIRECTIVE NO 72/166 - SETTLEMENT OF CLAIMS - SETTLEMENT BY THE NATIONAL BUREAU OF THE STATE IN WHICH THE ACCIDENT OCCURS - CONDITIONS

( COUNCIL DIRECTIVE NO 72/166 , ART . 2 ( 2 ))

2 . APPROXIMATION OF LAWS - CIVIL LIABILITY MOTOR INSURANCE - DIRECTIVE NO 72/166 - TERRITORY IN WHICH THE VEHICLE IS NORMALLY BASED - CONCEPT - STATE OF REGISTRATION

( COUNCIL DIRECTIVE NO 72/166 )

Summary

1 . THE EXPRESSION ' ' PROVISIONS OF NATIONAL LAW ON COMPULSORY INSURANCE ' ' CONTAINED IN ARTICLE 2 ( 2 ) OF COUNCIL DIRECTIVE NO 72/166 MUST BE UNDERSTOOD AS REFERRING TO THE LIMITS AND CONDITIONS OF CIVIL LIABILITY APPLICABLE TO COMPULSORY INSURANCE , PROVIDED ALWAYS THAT THE DRIVER OF THE VEHICLE AT THE TIME AT WHICH THE ACCIDENT OCCURRED IS DEEMED TO BE COVERED BY VALID INSURANCE IN CONFORMITY WITH THAT LEGISLATION .

2 . WHERE A VEHICLE BEARS A PROPERLY ISSUED REGISTRATION PLATE , THAT VEHICLE MUST BE REGARDED AS BEING NORMALLY BASED , WITHIN THE MEANING OF DIRECTIVE NO 72/166 , IN THE TERRITORY OF THE STATE IN WHICH IT IS REGISTERED , EVEN IF AT THE RELEVANT TIME THE AUTHORIZATION TO USE THE VEHICLE HAD BEEN WITHDRAWN , IRRESPECTIVE OF THE FACT THAT THE WITHDRAWAL OF THE AUTHORIZATION RENDERS THE REGISTRATION INVALID OR ENTAILS ITS REVOCATION .
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1 . ACTION FOR A DECLARATION THAT A MEASURE IS VOID - MEASURES IN RESPECT OF WHICH SUCH AN ACTION MAY BE BROUGHT - RESOLUTION OF THE PARLIAMENT - REQUIREMENT THAT IT BE OF A DECISION-MAKING CHARACTER

( ECSC TREATY , ART . 38 )

2.PARLIAMENT - INTERNAL ORGANIZATION - POWER TO DETERMINE THE LOCATION OF ITS DEPARTMENTS - LIMITS

( DECISION OF THE MEMBER STATES OF 8 APRIL 1965 , ART . 4 ; RESOLUTION OF THE PARLIAMENT OF 20 MAY 1983 )

Summary

1 . A RESOLUTION OF THE PARLIAMENT WHICH IS OF A SPECIFIC AND PRECISE DECISION-MAKING CHARACTER , PRODUCING LEGAL EFFECTS , MAY BE THE SUBJECT OF AN APPLICATION FOR A DECLARATION THAT IT IS VOID .

2 . WHEN , IN THE EXERCISE OF ITS POWERS OF INTERNAL ORGANIZATION , THE PARLIAMENT ADOPTS MEASURES CONCERNING THE LOCATION OF ITS DEPARTMENTS , IT MUST RESPECT THE LIMITS LAID DOWN BY THE DECISION OF THE MEMBER STATES OF 8 APRIL 1965 .
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Keywords

ECSC - PRODUCTION - STEEL PRODUCTION QUOTAS - DETERMINATION OF THE BASIS ON WHICH QUOTAS ARE FIXED - APPLICATION OF THE SYSTEM TO QUANTITIES INTENDED FOR EXPORT TO NON-MEMBER COUNTRIES - FINE FOR EXCEEDING QUOTAS - ECONOMIC DIFFICULTIES ENDANGERING THE VERY EXISTENCE OF THE UNDERTAKING IF THE FINE IS LEVIED - NO EFFECT

( ECSC TREATY , ART . 58 ; DECISION NO 2794/80 , ARTS 2 AND 9 )
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1 . PRELIMINARY RULINGS - SUBMISSION OF QUESTIONS TO THE COURT - RELEVANCE OF QUESTIONS RAISED - NEED FOR A PRELIMINARY RULING - APPRAISAL BY THE NATIONAL COURT

( EEC TREATY , ART . 177 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - PROVISIONS OF THE TREATY - SITUATIONS INTERNAL TO A MEMBER STATE - NOT COVERED

( EEC TREATY , ART . 48 )

Summary

1 . AS REGARDS THE DIVISION OF JURISDICTION BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY , IT IS FOR THE NATIONAL COURT , WHICH IS ALONE IN HAVING DIRECT KNOWLEDGE OF THE FACTS OF THE CASE AND OF THE ARGUMENTS PUT FORWARD BY THE PARTIES AND WHICH MUST ASSUME THE RESPONSIBILITY OF GIVING JUDGMENT IN THE CASE , TO ASSESS , WITH FULL KNOWLEDGE OF THE MATTER BEFORE IT , THE RELEVANCE OF THE QUESTIONS OF LAW RAISED BY THE DISPUTE BEFORE IT AND THE NEED FOR A PRELIMINARY RULING SO AS TO ENABLE IT TO GIVE JUDGMENT .

2 . ARTICLE 48 OF THE EEC TREATY DOES NOT APPLY TO SITUATIONS WHICH ARE WHOLLY INTERNAL TO A MEMBER STATE , SUCH AS THAT OF A NATIONAL OF A MEMBER STATE WHO HAS NEVER RESIDED OR WORKED IN ANOTHER MEMBER STATE . SUCH A PERSON MAY NOT RELY ON ARTICLE 48 TO PREVENT THE APPLICATION TO HIM OF LEGISLATION OF HIS OWN COUNTRY , DENYING HIM ACCESS TO A PARTICULAR KIND OF VOCATIONAL TRAINING .
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Keywords

ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS - PRODUCTION IN EXCESS OF QUOTAS - FINE - DIFFERENT VIEW AS TO THE METHOD OF CALCULATING QUOTAS - WHETHER CIRCUMSTANCE AFFORDING A DEFENCE - NO - BREACH OF THE PRINCIPLE OF LEGALITY - NONE

( ECSC TREATY , ART . 58 ; GENERAL COMMISSION DECISION NO 1831/81/ECSC , ARTS 10 AND 12 )
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1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ARTICLE 52 OF THE TREATY - DIRECT EFFECT - FAILURE TO ADOPT DIRECTIVES - NO EFFECT

( EEC TREATY , ARTS 52 , 54 AND 57 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - SEVERAL PLACES OF WORK WITHIN THE COMMUNITY - LIBERAL PROFESSIONS

( EEC TREATY , ART . 52 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ADVOCATES - ACCESS TO THE PROFESSION - ENROLMENT REFUSED BECAUSE OF MAINTENANCE OF CHAMBERS IN ANOTHER MEMBER STATE - INCOMPATIBILIY WITH THE TREATY

( EEC TREATY , ART . 52 ET SEQ .)

Summary

1 . IN LAYING DOWN THAT FREEDOM OF ESTABLISHMENT SHALL BE ATTAINED AT THE END OF THE TRANSITIONAL PERIOD , ARTICLE 52 IMPOSES AN OBLIGATION TO ATTAIN A PRECISE RESULT THE FULFILMENT OF WHICH MUST BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE IMPLEMENTATION OF A PROGRAMME OF PROGRESSIVE MEASURES . CONSEQUENTLY THE FACT THAT THE COUNCIL HAS FAILED TO ISSUE THE DIRECTIVES PROVIDED FOR BY ARTICLES 54 AND 57 CANNOT SERVE TO JUSTIFY FAILURE TO MEET THE OBLIGATION .

2 . THE RULE IN ARTICLE 52 OF THE TREATY , ACCORDING TO WHICH THE PROGRESSIVE ABOLITION OF THE RESTRICTIONS ON FREEDOM OF ESTABLISHMENT APPLIES TO RESTRICTIONS ON THE SETTING UP OF AGENCIES , BRANCHES OR SUBSIDIARIES BY NATIONALS OF ANY MEMBER STATE ESTABLISHED IN THE TERRITORY OF ANOTHER MEMBER STATE MUST BE REGARDED AS A SPECIFIC STATEMENT OF A GENERAL PRINCIPLE , APPLICABLE EQUALLY TO THE LIBERAL PROFESSIONS , ACCORDING TO WHICH THE RIGHT OF ESTABLISHMENT INCLUDES FREEDOM TO SET UP AND MAINTAIN , SUBJECT TO OBSERVANCE OF THE PROFESSIONAL RULES OF CONDUCT , MORE THAN ONE PLACE OF WORK WITHIN THE COMMUNITY .

3 . EVEN IN THE ABSENCE OF ANY DIRECTIVE COORDINATING NATIONAL PROVISIONS GOVERNING ACCESS TO AND THE EXERCISE OF THE LEGAL PROFESSION , ARTICLE 52 ET SEQ . OF THE EEC TREATY PREVENT THE COMPETENT AUTHORITIES OF A MEMBER STATE FROM DENYING , ON THE BASIS OF THE NATIONAL LEGISLATION AND THE RULES OF PROFESSIONAL CONDUCT WHICH ARE IN FORCE IN THAT STATE , TO A NATIONAL OF ANOTHER MEMBER STATE THE RIGHT TO ENTER AND TO EXERCISE THE LEGAL PROFESSION SOLELY ON THE GROUND THAT HE MAINTAINS CHAMBERS SIMULTANEOUSLY IN ANOTHER MEMBER STATE .
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1 . APPLICATION FOR A DECLARATION OF NULLITY - APPLICATION IN RESPECT OF A MEASURE RELATING SIMULTANEOUSLY AND INDIVISIBLY TO THE SPHERES OF MORE THAN ONE TREATY - ADMISSIBILITY WITH REGARD TO ONE OF THOSE TREATIES - SUFFICIENT REQUIREMENT

( ECSC TREATY , ART . 33 , EEC TREATY , ART . 173 , EURATOM TREATY , ART . 146 )

2.APPLICATION FOR A DECLARATION OF NULLITY - APPLICATION BASED ON ARTICLE 33 OF THE ECSC TREATY - APPLICATION MADE BY A LOCAL AUTHORITY - NOT ADMISSIBLE

( ECSC TREATY , ART . 33 )

3.APPLICATION FOR A DECLARATION OF NULLITY - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION ADDRESSED TO A MEMBER STATE AND REQUIRING , IN RETURN FOR THE RIGHT TO GRANT AIDS , THE ADOPTION OF MEASURES TO REDUCE PRODUCTION CAPACITY IN AN INDUSTRIAL SECTOR - DECISION NOT OF DIRECT AND INDIVIDUAL CONCERN TO THE MUNICIPALITIES IN WHICH THE FACTORIES OF THE UNDERTAKING AFFECTED ARE LOCATED

( EEC TREATY , ART . 173 ( 2 )

Summary

1 . AN APPLICATION FOR A DECLARATION OF NULLITY IN RESPECT OF A MEASURE ADOPTED BY AN INSTITUTION AND RELATING SIMULTANEOUSLY AND INDIVISIBLY TO THE SPHERES OF MORE THAN ONE TREATY IS ADMISSIBLE TO THE EXTENT TO WHICH THE JURISDICTION OF THE COURT AND THE REMEDIES PROVIDED FOR BY THE RELEVANT PROVISIONS OF ONE OF THE TREATIES ARE APPLICABLE TO THE MEASURE IN QUESTION .

2.SINCE LOCAL AUTHORITIES ARE NOT REFERRED TO IN ARTICLE 33 OF THE ECSC TREATY , WHICH PROVIDES AN EXCLUSIVE ENUMERATION OF THE PERSONS ENTITLED TO BRING AN ACTION FOR A DECLARATION THAT A MEASURE IS VOID , SUCH AUTHORITIES MAY NOT VALIDLY INSTITUTE SUCH PROCEEDINGS .

3.A COMMISSION DECISION ADDRESSED TO A MEMBER STATE AND REQUIRING , IN RETURN FOR THE RIGHT TO GRANT AIDS , THE ADOPTION OF MEASURES TO REDUCE PRODUCTION CAPACITY IN AN INDUSTRIAL SECTOR , WHILST IT LEAVES A MARGIN OF DISCRETION WITH REGARD TO THE MANNER OF ITS IMPLEMENTATION AND IN PARTICULAR WITH REGARD TO THE CHOICE OF THE FACTORIES TO BE CLOSED , CANNOT BE REGARDED AS BEING OF DIRECT AND INDIVIDUAL CONCERN TO THE MUNICIPALITIES WITH WHICH THE UNDERTAKINGS AFFECTED , BY VIRTUE OF THE LOCATION OF THEIR FACTORIES , ARE CONNECTED .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - UNEMPLOYED PERSON HAVING RESIDED , DURING HIS LAST EMPLOYMENT , IN THE MEMBER STATE IN WHICH HE WAS EMPLOYED - APPLICATION OF ARTICLE 71 OF REGULATION NO 1408/71 - ARTICLE 71 NOT APPLICABLE

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 71 )

Summary

ARTICLE 71 OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 DOES NOT APPLY TO AN UNEMPLOYED PERSON WHO , DURING HIS LAST EMPLOYMENT , WAS RESIDING IN THE MEMBER STATE IN WHICH HE WAS EMPLOYED .
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FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF PUBLIC HEALTH - RULES GOVERNING THE PRESENCE OF PESTICIDES NOT COVERED BY COMMUNITY PROVISIONS - POWERS OF THE MEMBER STATES - PROHIBITION ON THE IMPORTATION OF APPLES - VINCHLOZOLINE CONTENT IN EXCESS OF THE PRESCRIBED LIMITS

( EEC TREATY , ARTS 30 AND 36 )

Summary

IN SO FAR AS THE RELEVANT COMMUNITY RULES DO NOT COVER CERTAIN PESTICIDES , MEMBER STATES MAY REGULATE THE PRESENCE OF RESIDUES OF THOSE PESTICIDES ON FOODSTUFFS IN A WAY WHICH MAY VARY FROM ONE COUNTRY TO ANOTHER ACCORDING TO THE CLIMATIC CONDITIONS , THE NORMAL DIET OF THE POPULATION AND THEIR STATE OF HEALTH . IN THAT CONTEXT , THEY MAY PERMIT DIFFERENT LEVELS OF THE SAME PESTICIDE IN RESPECT OF DIFFERENT FOODSTUFFS .

ARTICLES 30 AND 36 OF THE EEC TREATY DO NOT THEREFORE PREVENT A MEMBER STATE FROM PROHIBITING THE IMPORTATION OF APPLES FROM ANOTHER MEMBER STATE ON ACCOUNT OF THE PRESENCE IN OR ON THOSE APPLES OF A QUANTITY OF VINCHLOZOLINE GREATER THAN THAT AUTHORIZED BY THE LEGISLATION OF THE FIRST MEMBER STATE , EVEN THOUGH THE MAXIMUM PERMITTED VINCHLOZOLINE CONTENT LAID DOWN IN THAT MEMBER STATE DIFFERS FROM THAT LAID DOWN FOR OTHER KINDS OF FOOD AND DRINK .
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1 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - QUOTAS EXCEEDED - FINE - IMPOSITION OF A SUPPLEMENTARY FINE FOR A REPETITION OF AN INFRINGEMENT - CONDITIONS

( ECSC TREATY , ART . 58 ; DECISION NO 1831/81/ECSC , ART . 12 )

2 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION AND DELIVERY QUOTAS - PRODUCTION AND DELIVERY QUOTAS BOTH EXCEEDED - FINE - DETAILED RULES

( ECSC TREATY , ART . 58 ; DECISION NO 1831/81/ECSC , ART . 12 )

3 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - QUOTAS EXCEEDED - TECHNICAL FAULT - JUSTIFICATION - NONE

( ECSC TREATY , ART . 58 ; DECISION NO 1831/81/ECSC )

Summary

1 . IF THE COURT CONSIDERED THAT , IN A GIVEN QUARTER , AN UNDERTAKING COMMITTED ONLY A ' ' PURELY FORMAL ' ' INFRINGEMENT OF THE RULES ON STEEL PRODUCTION QUOTAS AND IT THEREFORE EXERCISED ITS UNLIMITED JURISDICTION AND CANCELLED THE FINE IMPOSED ON THE UNDERTAKING FOR EXCEEDING ITS QUOTA , IT FOLLOWS THAT , AS FAR AS THAT QUARTER IS CONCERNED , THE CIRCUMSTANCES IN WHICH THE QUOTA WAS EXCEEDED ARE NOT SUFFICIENT TO SUPPORT THE CHARGE THAT THERE WAS A REPETITION OF AN INFRINGEMENT FOR THE PURPOSES OF ARTICLE 12 OF DECISION NO 1831/81 IN THE FOLLOWING QUARTER .

2 . THE SYSTEM OF PENALIZING AN UNDERTAKING FOR EXCEEDING BOTH THE PRODUCTION QUOTA AND THE DELIVERY QUOTA AT THE SAME TIME , ESTABLISHED BY THE COMMISSION PURSUANT TO ARTICLE 12 OF DECISION NO 1831/81 , CONSISTS IN TAKING AS A BASIS FOR THE PENALTY THE LARGEST EXCESS , WHATEVER ITS NATURE , WHILST THE SMALLEST EXCESS IS PENALIZED BY THE IMPOSITION OF A SUPPLEMENTARY FINE OF 20% . IF AN UNDERTAKING EXCEEDS ITS QUOTA FOR DELIVERY ON THE COMMON MARKET TO A GREATER EXTENT THAN ITS AGGREGATE PRODUCTION QUOTA , THAT UNDERTAKING CLEARLY CONTRIBUTES TOWARDS THE CREATION OF AN IMBALANCE IN THE COMMON MARKET . IT CANNOT RELY ON THAT FACTOR TO ESCAPE THE IMPOSITION OF A MORE SEVERE PENALTY ON THE GROUND THAT IT EXCEEDED ITS AGGREGATE PRODUCTION QUOTA AT THE SAME TIME .

3 . AN UNDERTAKING CANNOT , IN ORDER TO NEUTRALIZE THE CONSEQUENCES OF A TECHNICAL BREAKDOWN IN RESPECT OF WHICH IT MUST ITSELF BEAR THE CONSEQUENCES , ATTEMPT TO MODIFY ON ITS OWN AUTHORITY THE OPERATION OF THE RULES EMBODIED IN DECISION NO 1831/81 . IF THE APPLICATION OF THOSE RULES PLACES THE UNDERTAKING AT A DISADVANTAGE , THE LATTER CANNOT BE REMEDIED BY FAILING TO COMPLY WITH THE RULES RELATING TO THE FIXING OF QUOTAS .