ddrg/super_eurlex huggingface dataset:
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TAX PROVISIONS - INTERNAL TAXATION - PROVISIONS OF THE TREATY - AIM - PROHIBITION OF DISCRIMINATION BETWEEN IMPORTED PRODUCTS AND SIMILAR OR COMPETING DOMESTIC PRODUCTS - SIMILAR OR COMPETING PRODUCTS - ASSESSMENT CRITERIA

( EEC TREATY, ART . 95 )

Summary

ARTICLE 95 OF THE TREATY AS A WHOLE AIMS TO ENSURE FREE MOVEMENT OF GOODS BETWEEN THE MEMBER STATES IN NORMAL CONDITIONS OF COMPETITION BY THE ELIMINATION OF ALL FORMS OF PROTECTION WHICH RESULT FROM THE APPLICATION OF INTERNAL TAXATION WHICH DISCRIMINATES AGAINST PRODUCTS FROM OTHER MEMBER STATES, AND TO GUARANTEE THE COMPLETE NEUTRALITY OF INTERNAL TAXATION AS REGARDS COMPETITION BETWEEN DOMESTIC PRODUCTS AND IMPORTED PRODUCTS .

IN ORDER TO ASSESS SIMILARITY BETWEEN DOMESTIC PRODUCTS AND IMPORTED PRODUCTS FOR THE PURPOSES OF THE PROHIBITION SET OUT IN THE FIRST PARAGRAPH OF ARTICLE 95, IT MUST BE CONSIDERED WHETHER THE PRODUCTS IN QUESTION HAVE SIMILAR CHARACTERISTICS AND MEET THE SAME CONSUMER NEEDS . IF THOSE CONDITIONS ARE NOT FULFILLED, THE SECOND PARAGRAPH OF ARTICLE 95 MAY APPLY . THE FUNCTION OF THAT PROVISION IS TO COVER ALL FORMS OF INDIRECT TAX PROTECTION IN THE CASE OF PRODUCTS WHICH, WITHOUT BEING SIMILAR WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95, ARE NEVERTHELESS IN COMPETITION, EVEN PARTIAL, INDIRECT OR POTENTIAL COMPETITION, WITH EACH OTHER .
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SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - COMMUNITY RULES AGAINST OVERLAPPING PAYMENTS - ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 - APPLICATION - CONDITIONS - CHILD COVERED BY THE COMMUNITY LEGISLATION - BENEFIT PAYABLE UNDER NATIONAL LAW ALONE IRRESPECTIVE OF THE CHILD' S PLACE OF RESIDENCE - INAPPLICABLE

( COUNCIL REGULATION NO 1408/71, ART . 73, AND COUNCIL REGULATION NO 574/72, ART . 10 ( 1 ) ( A )*)

Summary

THE RULE AGAINST OVERLAPPING PAYMENTS LAID DOWN IN THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 APPLIES WHERE FAMILY BENEFITS OR FAMILY ALLOWANCES ARE DUE, IN PURSUANCE OF ARTICLE 73 OF REGULATION NO 1408/71, IN RESPECT OF A CHILD WHO, AS A MEMBER OF THE FAMILY OF ONE OF THE RECIPIENTS OF SUCH BENEFITS OR ALLOWANCES, IS A PERSON COVERED BY THE COMMUNITY LEGISLATION ON SOCIAL SECURITY FOR EMPLOYED PERSONS, WITHOUT THERE BEING ANY NEED TO ASCERTAIN WHETHER THE OTHER RECIPIENT WHO IS ALSO ENTITLED TO SUCH BENEFITS IN RESPECT OF THE SAME CHILD IS ALSO COVERED BY THAT LEGISLATION .

WHERE A FAMILY BENEFIT IS DUE UNDER NATIONAL LEGISLATION ALONE, IRRESPECTIVE OF THE CHILDREN' S PLACE OF RESIDENCE AND WITHOUT IT BEING NECESSARY TO INVOKE ARTICLE 73 OF REGULATION NO 1408/71 IN ORDER TO BECOME ENTITLED TO THE BENEFIT, THAT BENEFIT CANNOT BE DEEMED TO BE DUE IN PURSUANCE OF ARTICLE 73, AND THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 DOES NOT APPLY .
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OFFICIALS - REMUNERATION - EXPATRIATION ALLOWANCE - OBJECT - CONCEPT OF EXPATRIATION

( STAFF REGULATIONS OF OFFICIALS, ANNEX VII, ART . 4*(1 )*)

Summary

THE OBJECT OF THE EXPATRIATION ALLOWANCE IS TO COMPENSATE OFFICIALS FOR THE EXTRA EXPENSE AND INCONVENIENCE OF TAKING UP EMPLOYMENT WITH THE COMMUNITIES AND BEING THEREBY OBLIGED TO CHANGE THEIR RESIDENCE AND MOVE TO THE COUNTRY OF EMPLOYMENT . THE CONCEPT OF EXPATRIATION ALSO DEPENDS ON THE PERSONAL POSITION OF AN OFFICIAL, THAT IS TO SAY ON THE EXTENT TO WHICH HE IS INTEGRATED IN HIS NEW ENVIRONMENT, WHICH IS DEMONSTRATED, FOR EXAMPLE, BY HABITUAL RESIDENCE OR BY THE MAIN OCCUPATION PURSUED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT LICENCES - SYSTEM OF SECURITY - SPECIAL ARRANGEMENTS PERMITTING ADVANCE RELEASE OF THE SECURITY - EXPORTATION NOT CARRIED OUT WITHIN THE TIME-LIMIT - PENALTY - PROVISION OF FRESH SECURITY - CRIMINAL NATURE - NONE

( COMMISSION REGULATION NO 3183/80, ARTS 38*(1)*(C ) AND 42*(1 ) AND ( 3 )*)

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SYSTEM OF SECURITY - OBLIGATION TO LODGE SEVERAL SUMS BY WAY OF SECURITY IN RESPECT OF DIFFERENT RISKS IN THE CONTEXT OF A SINGLE EXPORT TRANSACTION - SIMULTANEOUS MATERIALIZATION OF THE RISKS COVERED - CUMULATIVE FORFEITURE OF THE SECURITY - PRINCIPLE OF PROPORTIONALITY - INFRINGEMENT - NONE

( COUNCIL REGULATION NO 565/80, ART . 6; COMMISSION REGULATION NO 3183/80, ART . 38*(1)*(C )*)

Summary

1 . UNDER COMMUNITY RULES SUCH AS THE SECOND INDENT OF ARTICLE 38*(1)*(C ) OF REGULATION NO 3183/80, WHICH REQUIRES THE PROVISION OF FRESH SECURITY AFTER THE RELEASE UNDER SPECIAL ARRANGEMENTS, BEFORE EXPORTATION ACTUALLY TAKES PLACE AND AT THE REQUEST OF THE EXPORTER, OF SECURITY INTENDED TO ENSURE THE PERFORMANCE BY THE LICENCE HOLDER OF HIS OBLIGATION TO EXPORT WITHIN A PRESCRIBED TIME-LIMIT, WHERE THE SAID TIME-LIMIT HAS NOT BEEN COMPLIED WITH, THE FRESH SECURITY CEASES TO BE A GUARANTEE AND BECOMES A PENALTY WHEN THE UNDERTAKING HAS NOT BEEN COMPLIED WITH AND NO LONGER CAN BE COMPLIED WITH .

HOWEVER, THAT PENALTY, WHICH IS INTENDED TO ACHIEVE THE SAME OBJECTIVE AS THE SECURITY ITSELF AND WHOSE ONLY EFFECT IS TO PLACE THE DEFAULTING TRADER IN THE SAME POSITION AS IF HE HAD NOT VOLUNTARILY OPTED FOR ADVANCE RELEASE OF THE SECURITY, IS AN INTEGRAL PART OF THE SYSTEM OF SECURITY AT ISSUE AND IS NOT CRIMINAL IN NATURE .

2 . THE FORFEITURE OF TWO SECURITIES RELATING TO THE SAME EXPORT TRANSACTIONS BUT HAVING DIFFERENT PURPOSES, ONE INTENDED TO ENSURE REPAYMENT OF THE EXPORT REFUND PAID IN ADVANCE IF EXPORTATION DOES NOT TAKE PLACE AND THE OTHER INTENDED TO ENSURE THAT THE UNDERTAKING TO EXPORT DURING THE VALIDITY OF THE EXPORT LICENCE WILL BE HONOURED, EVEN IF IT IS TRIGGERED BY THE SAME EVENT, CANNOT BE REGARDED AS DISPROPORTIONATE IF THE DIFFERENT RISKS IN RESPECT OF WHICH THE SECURITIES WERE LODGED ACTUALLY MATERIALIZE .
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OFFICIALS - ACTIONS - ACTIONS FOR DAMAGES - PROCEDURAL FRAMEWORK - ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS - SUBMISSIONS - UNLAWFULNESS OF A DECISION OF THE APPOINTING AUTHORITY NOT CONTESTED WITHIN THE PRESCRIBED TIME-LIMITS - INADMISSIBILITY

( EEC TREATY, ART . 179; STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

Summary

WHERE A DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS OR WAS EMPLOYED CONCERNING COMPENSATION FOR DAMAGE ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THAT PERSON AND THE INSTITUTION, IT FALLS UNDER ARTICLE 179 OF THE TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AND ACCORDINGLY NOT UNDER ARTICLES 178 AND 215 OF THE TREATY . AN OFFICIAL WHO FAILS TO CONTEST IN DUE TIME A DECISION OF THE APPOINTING AUTHORITY AFFECTING HIM IS NOT PERMITTED TO RELY ON THE ALLEGED UNLAWFULNESS OF THAT DECISION IN AN ACTION FOR DAMAGES .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - EXPENDITURE INCURRED IN ACCORDANCE WITH THE COMMUNITY RULES - MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES

( EEC TREATY, ART . 38; REGULATION NO 729/70 OF THE COUNCIL, ARTS 2 AND 3 )

2 . MEMBER STATES - OBLIGATIONS - COMMISSION' S INITIATIVE IN ORDER TO MEET URGENT NEEDS - DUTIES OF ACTION AND ABSTENTION

( EEC TREATY, ART . 5 )

3 . FISHERIES - CONSERVATION OF MARITIME RESOURCES - COUNCIL' S FAILURE TO ACT - ADOPTION OF INTERIM CONSERVATION MEASURES - CONDITIONS - COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION - PROPOSALS FOR QUOTAS ADOPTED UNILATERALLY BY THE COMMISSION - QUOTAS EXCEEDED - EXPORT REFUNDS - FINANCE OUT OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - REFUSAL - UNLAWFUL

( COUNCIL REGULATION NO 729/70, ART . 2 )

4 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - RULES WHICH MAY HAVE FINANCIAL CONSEQUENCES

Summary

1 . THE FISHERY CONSERVATION MEASURES ARE PART OF THE COMMUNITY RULES FOR THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS WITHIN THE MEANING OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, SINCE ACCORDING TO ARTICLE 38 OF THE EEC TREATY AGRICULTURAL PRODUCTS INCLUDE FISHERY PRODUCTS . ACCORDINGLY, REFUNDS GRANTED AND INTERVENTION UNDERTAKEN IN BREACH OF COMMUNITY CONSERVATION MEASURES CANNOT BE CHARGED TO THE FUND .

2 . ARTICLE 5 OF THE EEC TREATY IMPOSES ON MEMBER STATES SPECIAL DUTIES OF ACTION AND ABSTENTION WHERE THE COMMISSION, IN ORDER TO MEET URGENT FISHERY CONSERVATION NEEDS, HAS SUBMITTED TO THE COUNCIL PROPOSALS WHICH, ALTHOUGH THEY HAVE NOT BEEN ADOPTED BY THE COUNCIL, REPRESENT A BASIS FOR CONCERTED COMMUNITY ACTION .

3 . WHERE THE COUNCIL HAS FAILED TO ADOPT THE CONSERVATION MEASURES NECESSARY TO PROTECT FISH STOCKS SUCH MEASURES, DESIGNED TO ANSWER URGENT NEEDS, MAY BE AGREED UPON BY MEANS OF A PROCESS OF COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN ORDER TO ENABLE THE COMMUNITY TO MEET ITS RESPONSIBILITIES . IN THE ABSENCE OF SUCHCOOPERATION, PROPOSALS UNILATERALLY MADE BY THE COMMISSION IN RELATION TO THE FISHING QUOTAS TO BE ALLOCATED TO A MEMBER STATE CANNOT BE REGARDED AS COMMUNITY RULES WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 729/70 OF THE COUNCIL ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY, DISREGARD OF WHICH COULD JUSTIFY THE COMMISSION' S REFUSAL TO CHARGE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND EXPENDITURE INCURRED IN THE FORM OF EXPORT REFUNDS BY THE MEMBER STATE IN RELATION TO CATCHES IN EXCESS OF THE SAID QUOTAS .

4 . COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
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1 . Action against a Member State for failure to fulfil its obligations - Objective nature - Objectives pursued by the Commision - Not to be considered

( EEC Treaty, Art . 169 )

2 . Tax provisions - Harmonization of legislation - Turnover tax - Common system of value-added tax - Reduced rates and exemptions retained on a transitional basis for "clearly defined social reasons and for the benefit of the final consumer" - Concept

( Council Directive 67/228, Art . 17, last indent, and Council Directive 77/388, Art . 28 ( 2 ) )

Summary

1 . An action by the Commission pursuant to Article 169 of the Treaty against a Member State for failure to fulfil its obligations, the bringing of which is a matter for the Commission in its entire discretion, is objective in nature . In the context of the balance of powers between the institutions laid down in the Treaty, it is not for the Court to consider what objectives are pursued in such an action . Its role is to decide whether or not the Member State in question has failed to fulfil its obligations as alleged .

2 . The identification of "cleary defined social reasons" for which certain reduced rates and exemptions from value-added tax may be retained on a transitional basis pursuant to the last indent of Article 17 of the Second Directive and Article 28 ( 2 ) of the Sixth Directive is in principle a matter of political choice for the Member States and can be the subject-matter of supervision at the Community level only in so far as, by distorting that concept, it leads to measures which because of their effects and their true objectives lie outside its scope .

Since, under the general scheme of value-added tax, the final consumer is the person who acquires goods or services for personal use, as opposed to an economic activity, and thus bears the tax, the second condition laid down in those provisions for the retention of certain reduced rates and exemptions, that is to say that they must be "for the benefit of the final consumer" must in the light of the social purpose of Article 17 be understood as meaning that the beneficiary must not use exempted goods or services in the course of an economic activity . The provision of goods or services at a stage higher in the production or distribution chain which is nevertheless sufficiently close to the consumer to be of advantage to him must also be considered to be for the benefit of the final consumer as so defined .
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ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - HELLENIC REPUBLIC - FREE MOVEMENT OF AGRICULTURAL PRODUCTS - DEROGATIONS - STRICT INTERPRETATION - QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT - PRODUCTS COVERED BY A NATIONAL ORGANIZATION OF THE MARKET - ALMOST TOTAL BAN ON IMPORTS OF BANANAS FROM OTHER MEMBER STATES - NOT PERMISSIBLE - TOTAL BAN ON IMPORTS APPLICABLE TO PRODUCTS ORIGINATING IN ACP STATES - NOT PERMISSIBLE UNDER THE SECOND ACP-EEC CONVENTION SIGNED AT LOME .

( EEC TREATY, ART . 30; ACT OF ACCESSION OF THE HELLENIC REPUBLIC, ART . 65 ( 2 ); SECOND ACP-EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979, ART . 3 ( 1 ) AND ART . 6 ).

Summary

ARTICLE 65 ( 2 ) OF THE ACT OF ACCESSION OF THE HELLENIC REPUBLIC, WHICH AUTHORIZES, DURING A TRANSITIONAL PERIOD AND TO THE EXTENT STRICTLY NECESSARY TO ENSURE THE MAINTENANCE OF A NATIONAL MARKET ORGANIZATION, DEROGATIONS FROM THE PRINCIPLE OF THE FREE MOVEMENT OF AGRICULTURAL PRODUCTS MUST, LIKE ALL THE DEROGATIONS PROVIDED FOR IN THE ACT OF ACCESSION, BE INTERPRETED IN SUCH A WAY AS TO FACILITATE THE ACHIEVEMENT OF THE OBJECTIVES OF THE TREATY AND THE APPLICATION OF ALL ITS RULES . IT CAN THEREFORE APPLY ONLY TO MEASURES WHICH ARE STRICTLY NECESSARY TO FACILITATE, IN THE AREA COVERED BY A NATIONAL MARKET ORGANIZATION, GREECE' S ADJUSTMENT TO THE REQUIREMENTS OF THE COMMON MARKET .

A SYSTEM OF IMPORT LICENCES FOR BANANAS ORIGINATING IN OTHER MEMBER STATES OR IN FREE CIRCULATION THERE, IN CONJUNCTION WITH A PRACTICE OF SYSTEMATICALLY REFUSING TO ISSUE SUCH LICENCES, IS NOT STRICTLY NECESSARY IN THAT REGARD AND THEREFORE CONSTITUTES A FAILURE ON THE PART OF GREECE TO FULFIL ITS OBLIGATIONS . BY CLOSING OFF THE DOMESTIC MARKET IN BANANAS IN THAT WAY, THE GREEK GOVERNMENT IS NOT PREPARING GREEK GROWERS FOR THE INEVITABLE LIBERALIZATION OF THE MARKET FOLLOWING THE EXPIRY OF THE TRANSITIONAL PERIOD .

IN VIEW OF THAT FAILURE TO FULFIL ITS OBLIGATIONS, GREECE CANNOT RELY ON ARTICLE 6 OF THE SECOND LOME CONVENTION, WHICH PROVIDES THAT THE TREATMENT APPLIED TO IMPORTS OF PRODUCTS ORIGINATING IN THE ACP STATES MAY NOT BE MORE FAVOURABLE THAN THAT APPLIED TO TRADE AMONG THE MEMBER STATES, IN ORDER TO PROHIBIT, CONTRARY TO ARTICLE 3 ( 1 ) OF THAT CONVENTION, ALL IMPORTS OF BANANAS ORIGINATING IN ACP STATES .
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MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - PURPOSE - EXTENT - INDIVIDUAL DECISIONS .

Summary

THE PURPOSE OF THE OBLIGATION TO STATE THE REASONS ON WHICH AN INDIVIDUAL DECISION IS BASED IS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH SUFFICIENT INFORMATION TO MAKE IT POSSIBLE TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY A DEFECT WHICH MAY PERMIT ITS LEGALITY TO BE CONTESTED . THE EXTENT OF THAT OBLIGATION DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .
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OFFICIALS - REMUNERATION - RECLASSIFICATION PURSUANT TO A COURT JUDGMENT - ARREARS OF SALARY - ENTITLEMENT TO DEFAULT INTEREST

Summary

ONCE THE COURT HAS DELIVERED A JUDGMENT ANNULLING THE DECISION ON THE CLASSIFICATION OF AN OFFICIAL, AND THE ADMINISTRATION, IN GIVING EFFECT TO THAT JUDGMENT, NO LONGER ENJOYS ANY MEASURE OF DISCRETION, PROPER COMPLIANCE WITH THE JUDGMENT DEMANDS THAT, IN ORDER TO PUT THE PERSON CONCERNED BACK IN THE POSITION WHICH SHOULD LAWFULLY HAVE BEEN HIS, ACCOUNT BE TAKEN OF THE LOSS WHICH HE HAS INCURRED ON ACCOUNT OF THE FACT THAT HE WAS RESTORED TO THAT POSITION ONLY AFTER AN APPRECIABLE LAPSE OF TIME AND THAT HE COULD NOT HAVE THE USE OF THE SUMS TO WHICH HE WAS ENTITLED ON THE DATES ON WHICH THEY WOULD NORMALLY HAVE FALLEN DUE . TO THAT END SUCH A PERSON SHOULD BE AWARDED DEFAULT INTEREST AT A FLAT RATE OF 8% PER ANNUM, RUNNING FROM THE DATE ON WHICH EACH INSTALMENT BECAME DUE UNTIL FINAL SETTLEMENT .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO IMPLEMENT - JUSTIFICATION - UNACCEPTABLE

( EEC TREATY, ART . 169 )

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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ACCESSION OF NEW MEMBER STATES TO THE COMMUNITIES - GREECE - PROTECTIVE MEASURES - IMPORT QUOTA - ADMINISTRATION BY THE NATIONAL AUTHORITIES - OBSERVANCE OF EXISTING TRADE PATTERNS - ALLOCATION OF SHARES TO NEW IMPORTERS

( ACT OF ACCESSION OF GREECE, ART . 130; COMMISSION DECISION 84/64/EEC, ARTS 6 AND 7 )

Summary

ARTICLE 7 OF COMMISSION DECISION 84/64/EEC AUTHORIZING GREECE TO TAKE PROTECTIVE MEASURES IN RESPECT OF CIGARETTE IMPORTS, IN ACCORDANCE WITH WHICH THE SHARES TO BE RESERVED FOR NEW IMPORTERS WERE NOT TO EXCEED 10% OF THE TOTAL OF AUTHORIZED IMPORTS, CANNOT BE INTERPRETED TO MEAN THAT THE ENTIRE 10% OF THE OVERALL QUOTA MUST BE ALLOCATED TO THOSE NEW IMPORTERS . ITS PURPOSE IS SIMPLY TO AVOID THE RISK THAT, IN A SITUATION WHERE IMPORTS ARE RESTRICTED, THE ACTIVITIES OF NEW IMPORTERS MIGHT INTERFERE WITH EXISTING PATTERNS OF TRADE WHICH, UNDER ARTICLE 6, ARE TO BE RESPECTED .

IN ADMINISTERING THE QUOTA SET BY DECISION 84/64/EEC, THE GREEK AUTHORITIES WERE, THEREFORE, ENTITLED, PROVIDED THAT THE WHOLE OF THE QUOTA WAS ALLOCATED, TO SET THE SHARE OF A SINGLE NEW IMPORTER AT A FIGURE LESS THAN 10% OF THE OVERALL QUOTA, THAT SHARE BEING IDENTICAL TO THE SMALLEST SHARE ALLOCATED TO EXISTING IMPORTERS, ON CONDITION THAT THAT SMALLEST QUOTA WAS NOT FOR AN INSIGNIFICANT AMOUNT, IN SUCH A MANNER AS TO ENSURE THAT EXISTING PATTERNS OF TRADE WERE OBSERVED .
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1 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - SCOPE - LEASE - REPOSSESSION OF BUSINESS BY THE OWNER FOLLOWING BREACH OF THE LEASE BY THE LESSEE - INCLUDED

( COUNCIL DIRECTIVE 77/187, ARTICLE 1 ( 1 ) )

2 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - TRANSFER - CONCEPT

( COUNCIL DIRECTIVE 77/187, ARTICLE 1 ( 1 ) )

3 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - OBLIGATION OF TRANSFEREE TO CONTINUE TO OBSERVE THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED IN A COLLECTIVE AGREEMENT - BENEFICIARIES - WORKERS NOT EMPLOYED BY THE UNDERTAKING AT THE TIME OF THE TRANSFER - EXCLUDED

( COUNCIL DIRECTIVE 77/187, ARTICLE 3 ( 2 ) )

Summary

1 . ARTICLE 1 ( 1 ) OF DIRECTIVE 77/187 ON THE SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS IS APPLICABLE WHERE THE OWNER OF A LEASED UNDERTAKING TAKES OVER ITS OPERATION FOLLOWING A BREACH OF THE LEASE BY THE LESSEE .

2 . ARTICLE 1 ( 1 ) OF DIRECTIVE 77/187 ENVISAGES THE TRANSFER OF A BUSINESS AS A GOING CONCERN . IN ORDER TO ASCERTAIN WHETHER THIS IS THE CASE, ACCOUNT MUST BE TAKEN OF ALL THE FACTUAL CIRCUMSTANCES SURROUNDING THE TRANSACTION IN QUESTION, INCLUDING, WHERE APPROPRIATE, THE TEMPORARY CLOSURE OF THE UNDERTAKING AND THE FACT THAT THERE WERE NO EMPLOYEES AT THE TIME OF THE TRANSFER, ALTHOUGH THESE FACTS ALONE DO NOT PRECLUDE THE APPLICABILITY OF THE DIRECTIVE, ESPECIALLY IN THE CASE OF A SEASONAL BUSINESS .

3 . ARTICLE 3 ( 2 ) OF DIRECTIVE 77/187 DOES NOT OBLIGE THE TRANSFEREE TO CONTINUE TO OBSERVE THE TERMS AND CONDITIONS AGREED IN ANY COLLECTIVE AGREEMENT IN RESPECT OF WORKERS WHO WERE NOT EMPLOYED BY THE UNDERTAKING AT THE TIME OF THE TRANSFER .
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COMMON CUSTOMS TARIFF - EXEMPTION FROM IMPORT DUTY - SCIENTIFIC INSTRUMENTS AND APPARATUS - EQUIVALENCE OF IMPORTED APPARATUS AND OTHER APPARATUS MANUFACTURED IN THE COMMUNITY - APPRAISAL - CRITERIA

( REGULATION NO 1798/75 OF THE COUNCIL, ART . 3 ( 1 ) AND ( 3 ) )

Summary

FOR THE PURPOSE OF ALLOWING THE DUTY-FREE IMPORTATION OF A SCIENTIFIC APPARATUS, THE EQUIVALENCE OF THAT APPARATUS AND SIMILAR APPARATUS MANUFACTURED IN THE COMMUNITY MUST BE APPRAISED BY REFERENCE TO THE SITUATION OBTAINING WHEN THE ORDER FOR THE APPARATUS IS PLACED AND IT IS THEREFORE WRONG TO COMPARE AN EXISTING FOREIGN APPARATUS WITH HYPOTHETICAL VERSIONS OF COMMUNITY APPARATUS . THE COMPETENT AUTHORITIES ARE NEVERTHELESS AT LIBERTY TO VERIFY WHETHER THE COMMUNITY APPARATUS EXISTING WHEN THE ORDER IS PLACED CAN BE ADAPTED TO THE PROPOSED RESEARCH PROJECT WITHIN A PERIOD OF TIME COMPATIBLE WITH THE THIRD INDENT OF ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75
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FISHERIES - COMMON ORGANIZATION OF THE MARKETS - COMPENSATION GRANTED TO PRODUCERS OF TUNA FOR THE CANNING INDUSTRY - CALCULATION OF THE MAXIMUM AMOUNT - TAKING INTO ACCOUNT OF QUANTITIES PRODUCED AND INCOME LEVELS - CRITERIA DEFINED BY THE COUNCIL - EXHAUSTIVE - FIXING OF AN ADDITIONAL UPPER LIMIT BY THE COMMISSION - UNLAWFULNESS

( COUNCIL REGULATION ( EEC ) NO 1196/76; COMMISSION REGULATIONS NOS 2469/86, ART . 2 ( 3 ), AND 2470/86 )

Summary

COUNCIL REGULATION NO 1196/76 LAYING DOWN GENERAL RULES FOR THE GRANT OF COMPENSATION TO PRODUCERS OF TUNNY FOR THE CANNING INDUSTRY MUST BE REGARDED AS EXHAUSTIVE SO FAR AS CONCERNS THE TAKING INTO ACCOUNT, FOR THE PURPOSE OF DETERMINING THE COMPENSATION AND THE MAXIMUM AMOUNT THEREOF, OF CHANGES IN THE QUANTITIES PRODUCED AND IN PRODUCERS' INCOME LEVELS . THE COMMISSION WAS THEREFORE NOT EMPOWERED, IN THE CONTEXT OF THE LAYING DOWN OF DETAILED RULES FOR THE APPLICATION OF THE SYSTEM FOR GRANTING COMPENSATION, TO LAY DOWN IN ARTICLE 2 ( 3 ) OF REGULATION NO 2469/86 RULES SETTING AN ADDITIONAL UPPER LIMIT BASED ON THE SAME CRITERIA . THAT PROVISION, AND REGULATION NO 2470/86 WHICH IMPLEMENTS IT, MUST THEREFORE BE DECLARED VOID .
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SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - ARTICLE 119 OF THE EEC TREATY - SCOPE - LOWER WAGE FOR WORK OF HIGHER VALUE - INCLUDED

( EEC TREATY, ART . 119 )

COMMUNITY LAW - DIRECT EFFECT - DIRECTLY APPLICABLE PROVISION OF THE EEC TREATY - DUTY OF NATIONAL COURTS OR TRIBUNALS

Summary

1 . ARTICLE 119 OF THE EEC TREATY, WHICH IS DIRECTLY APPLICABLE IN THE SENSE THAT THE WORKERS CONCERNED MAY RELY ON IT IN LEGAL PROCEEDINGS AND IN THE SENSE THAT NATIONAL COURTS OR TRIBUNALS MUST TAKE IT INTO ACCOUNT AS A CONSTITUENT PART OF COMMUNITY LAW, MUST BE INTERPRETED AS COVERING, IN ADDITION TO THE CASE OF UNEQUAL PAY FOR EQUAL WORK OR WORK OF EQUAL VALUE, THE CASE WHERE A WORKER WHO RELIES ON THAT PROVISION TO OBTAIN EQUAL PAY WITHIN THE MEANING THEREOF IS ENGAGED IN WORK OF HIGHER VALUE THAN THAT OF THE PERSON WITH WHOM A COMPARISON IS TO BE MADE .

2 . IT IS FOR THE NATIONAL COURT OR TRIBUNAL BEFORE WHICH A PARTY RELIES ON A DIRECTLY APPLICABLE TREATY PROVISION, WITHIN THE LIMITS OF ITS DISCRETION UNDER NATIONAL LAW, WHEN INTERPRETING AND APPLYING DOMESTIC LAW, TO GIVE TO IT, WHERE POSSIBLE, AN INTERPRETATION WHICH ACCORDS WITH THE REQUIREMENTS OF THE APPLICABLE COMMUNITY LAW AND, TO THE EXTENT THAT THIS IS NOT POSSIBLE, TO HOLD SUCH DOMESTIC LAW INAPPLICABLE .
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MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL THEM - INTRODUCTION OR MAINTENANCE IN FORCE OF A NATIONAL PROVISION INCOMPATIBLE WITH COMMUNITY LAW

( EEC TREATY, ARTS 5 AND 189 )

Summary

IF A PROVISION OF NATIONAL LAW THAT IS INCOMPATIBLE WITH A PROVISION OF THE TREATY, EVEN ONE DIRECTLY APPLICABLE IN THE LEGAL ORDER OF THE MEMBER STATES, IS INTRODUCED OR RETAINED UNCHANGED, THIS CREATES AN AMBIGUOUS STATE OF AFFAIRS BY KEEPING THE PERSONS CONCERNED IN A STATE OF UNCERTAINTY AS TO THE POSSIBILITY OF RELYING ON COMMUNITY LAW AND AMOUNTS TO A FAILURE TO FULFIL THE OBLIGATIONS FLOWING FROM ARTICLES 5 AND 189 OF THE TREATY .