ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - PRACTICAL EXPERIENCE - CRITERIA FOR ASSESSMENT

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 1 ( D ))

2 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS OF ADMISSION - CRITERIA OF CLASSIFICATION OF POSTS - MORE RIGOROUS CONDITIONS OF ADMISSION - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTS 5 AND 29 ; ANNEX III )

3 . OFFICIALS - RECRUITMENT - COMPETITION - REFUSAL OF ADMISSION TO THE COMPETITION - IMPOSSIBILITY FOR PERSON CONCERNED TO RELY UPON THE CONDITIONS OF ADMISSION TO ANOTHER COMPETITION - CONDITIONS

( STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 5 )

4 . OFFICIALS - EQUAL TREATMENT - BREACH OF PRINCIPLE - CONDITIONS

Summary

1 . THE ONLY PURPOSE OF ARTICLE 1 ( D ) OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS , WHICH PROVIDES THAT THE NOTICE OF COMPETITION MUST SPECIFY ' ' THE DIPLOMAS AND THE EVIDENCE OF FORMAL QUALIFICATIONS OR THE DEGREE OF EXPERIENCE REQUIRED FOR THE POSTS TO BE FILLED ' ' IS TO SPECIFY THE HEADINGS WHICH EVERY NOTICE OF COMPETITION MUST CONTAIN AND CANNOT BE REGARDED AS LAYING DOWN THE PRECISE CONTENT OF EACH OF THOSE HEADINGS . THEREFORE IT IS IMPOSSIBLE TO ACCEPT THE ARGUMENT TO THE EFFECT THAT THE CONDITION OF ADMISSION TO A COMPETITION RELATING TO THE CANDIDATES ' PRACTICAL EXPERIENCE SHOULD BE FORMULATED IN RELATION TO THE POST TO BE FILLED AND NOT IN TERMS OF WHEN EXPERIENCE WAS ACQUIRED IN RELATION TO THE DEGREE OR DIPLOMA .

2 . THE PROVISIONS OF ARTICLE 5 OF THE STAFF REGULATIONS SEEK TO PROVIDE A GENERAL DEFINITION OF THE MINIMUM LEVEL REQUIRED FOR AN OFFICIAL OF THE CATEGORY IN QUESTION ACCORDING TO THE NATURE OF THE DUTIES ATTACHING TO THE POSTS AND DO NOT CONCERN THE CONDITIONS OF RECRUITMENT . THOSE CONDITIONS ARE GOVERNED BY THE PROVISIONS OF ARTICLE 29 AND OF ANNEX III TO THE STAFF REGULATIONS AND THERE IS NOTHING TO PREVENT THE CONDITIONS FIXED BY THE NOTICE OF COMPETITION IN RELATION TO PARTICULAR POSTS OR PARTICULAR CATEGORIES OF POSTS FROM BEING MORE RIGOROUS THAN THE MINIMUM CONDITIONS ARISING OUT OF THE CLASSIFICATION OF POSTS , WHETHER IN ORDER TO FILL A PARTICULAR VACANT POST OR TO DRAW UP A RESERVE IN ORDER TO FILL POSTS IN A PARTICULAR CATEGORY .

3 . A CANDIDATE FOR A COMPETITION CANNOT RELY TO ANY PURPOSE , IN SUPPORT OF HIS CLAIM THAT THE SELECTION BOARD ' S DECISION NOT TO ADMIT HIM SHOULD BE ANNULLED , UPON CONDITIONS OF ADMISSION TO ANOTHER COMPETITION ORGANIZED BY THE SAME INSTITUTION IN ORDER TO FILL POSTS IN THE SAME CAREER BRACKET BUT ACCORDING TO DIFFERENT PROCEDURES AND IN PURSUIT OF A DIFFERENT AIM .

4 . THERE IS NO BREACH OF THE PRINCIPLE OF EQUALITY WHERE A PARTICULAR OBJECTIVE RULE IS APPLIED IN THE SAME MANNER TO ALL OFFICIALS OR CANDIDATES WHO ARE PLACED IN THE SAME POSITION .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRODUCTION REFUNDS ON MAIZE PROCESSED INTO STARCH - METHOD OF CALCULATION - REFERENCE TO THE THRESHOLD PRICE AND THE SUPPLY PRICE - APPLICABLE RATES - RATES IN FORCE ON THE DATE ON WHICH THE MAIZE WAS PROCESSED

( REGULATION NO 1132/74 OF THE COUNCIL ; REGULATION NO 2012/74 OF THE COMMISSION , ART . 2 ( 3 ))

Summary

ARTICLE 2 ( 3 ) OF REGULATION NO 2012/74 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF REGULATION NO 1132/74 AS REGARDS PRODUCTION REFUNDS ON STARCHES MUST BE INTERPRETED TO MEAN THAT THE PRODUCTION REFUND FOR MAIZE PROCESSED INTO STARCH MUST BE EQUAL TO THE DIFFERENCE BETWEEN THE THRESHOLD PRICE AND THE SUPPLY PRICE APPLICABLE ON THE DATE ON WHICH THE MAIZE IS PROCESSED .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - POWER OF MEMBER STATES - FORM AND METHOD OF IMPLEMENTATION - SCOPE

( EEC TREATY , ART . 189 , THIRD PARA .)

SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUALITY OF TREATMENT - IMPLEMENTATION BY THE MEMBER STATES - OBLIGATION - SCOPE

( COUNCIL DIRECTIVE 76/207 , ART . 5 )

2.SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND TO WORKING CONDITIONS - EQUALITY OF TREATMENT - DIFFERENCE IN TREATMENT BETWEEN AN ADOPTIVE FATHER AND ADOPTIVE MOTHER WITH REGARD TO MATERNITY LEAVE - DISCRIMINATION - ABSENCE

( COUNCIL DIRECTIVE 76/207 , ART . 5 )

3.SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUALITY OF TREATMENT - REMEDIES FOR BREACH OF THE PRINCIPLE - APPLICATION OF THE GENERAL PROCEDURAL RULES OF NATIONAL LAW - PERMISSIBILITY

( COUNCIL DIRECTIVE 76/207 , ART . 6 )

Summary

1 . ACCORDING TO THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY A DIRECTIVE IS BINDING AS TO THE RESULT TO BE ACHIEVED UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED , BUT LEAVES TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS . IN TRANSLATING INTO THE NATIONAL LEGAL SYSTEM THE PRINCIPLE OF EQUALITY OF TREATMENT IN ARTICLE 5 OF DIRECTIVE 76/207 THE LEGISLATURE OF A MEMBER STATE CANNOT BE CRITICIZED FOR HAVING ADOPTED A NUMBER OF SPECIFIC PROVISIONS IN RELATION TO THE MOST IMPORTANT WORKING CONDITIONS WHILST CONFINING ITSELF IN RELATION TO OTHER WORKING CONDITIONS TO A GENERAL PROVISION COVERING ALL OTHER WORKING CONDITIONS NOT SPECIFICALLY MENTIONED , UNLESS IT IS SHOWN THAT THE RESULT SOUGHT BY THE DIRECTIVE HAS NOT IN FACT BEEN ATTAINED .

2.IT IS NOT POSSIBLE TO REGARD AS DISCRIMINATION WITHIN THE MEANING OF DIRECTIVE 76/207 THE DIFFERENCE IN TREATMENT RESULTING FROM THE APPLICATION OF A PROVISION OF NATIONAL LAW TO THE EFFECT THAT THE ADOPTIVE FATHER DOES NOT HAVE THE RIGHT GIVEN TO THE ADOPTIVE MOTHER OF MATERNITY LEAVE FOR THE FIRST THREE MONTHS FOLLOWING THE ACTUAL ENTRY OF THE CHILD INTO THE ADOPTIVE FAMILY . THAT DISTINCTION IS JUSTIFIED BY THE LEGITIMATE CONCERN TO ASSIMILATE AS FAR AS POSSIBLE THE CONDITIONS OF ENTRY OF THE CHILD INTO THE ADOPTIVE FAMILY TO THOSE OF THE ARRIVAL OF A NEW-BORN CHILD IN THE FAMILY DURING THE VERY DELICATE INITIAL PERIOD .

3.THERE IS NO INFRINGEMENT OF ARTICLE 6 OF DIRECTIVE 76/207 WHEN THE NATIONAL LAW IMPLEMENTING THE DIRECTIVE LIMITS THE REMEDIES PROVIDED THEREBY TO INFRINGEMENT OF CERTAIN PROVISIONS OF THE DIRECTIVE PROVIDED THAT THE GENERAL PROCEDURAL RULES OF THE NATIONAL LAW ALLOW ANY PERSON TO BRING ANY OF THE MATTERS COVERED BY THE DIRECTIVE BEFORE THE COURTS .
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EUROPEAN COMMUNITIES - OWN RESOURCES - CUSTOMS DUTIES - CUSTOMS DEBT - THEFT OF GOODS SUBJECT TO CUSTOMS DUTIES - NO EXTINCTION OF CUSTOMS DEBT

( COUNCIL DIRECTIVE 79/623 , ART . 4 )

Summary

IT APPEARS FROM ARTICLE 4 TOGETHER WITH THE NINTH RECITAL IN THE PREAMBLE TO DIRECTIVE 79/623 THAT THE REASONS FOR EXTINCTION OF THE CUSTOMS DEBT MUST BE BASED ON THE FACT THAT THE GOODS HAVE NOT BEEN USED FOR THE ECONOMIC PURPOSE WHICH JUSTIFIED THE APPLICATION OF IMPORT DUTIES . IN THE CASE OF THEFT , IT MAY BE ASSUMED THAT THE GOODS PASS INTO THE COMMUNITY COMMERCIAL CIRCUIT . IT FOLLOWS THAT THE LOSS OF THE GOODS FOR THE PURPOSES OF THE DIRECTIVE DOES NOT EMBRACE THE CONCEPT OF THEFT , REGARDLESS OF THE CIRCUMSTANCES IN WHICH IT HAS BEEN COMMITTED .

ACCORDINGLY , ACCORDING TO THE EXISTING COMMUNITY CUSTOMS PROVISIONS THE REMOVAL BY THIRD PARTIES OF GOODS SUBJECT TO CUSTOMS DUTY , EVEN THROUGH NO FAULT OF THE TAXABLE PERSON , DOES NOT EXTINGUISH THE OBLIGATION TO PAY DUTY ON THEM .
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1 . OFFICIALS - APPLICATION TO THE COURT - LIMITATION PERIOD - RECOMMENCEMENT - COMMUNICATION TO OFFICIALS WHOSE RECRUITMENT HAS BECOME DEFINITIVE OF CRITERIA FOR GRADING ON RECRUITMENT - NEW EVENT LIABLE TO GIVE RISE TO REQUESTS FOR REGRADING

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - ASSIGNMENT OF GRADE - CLASSIFICATION IN STEP - INTERNAL DIRECTIVE OF AN INSTITUTION CONCERNING APPLICABLE CRITERIA - LEGAL EFFECTS

3 . OFFICIALS - RECRUITMENT - CLASSIFICATION IN STEP - AWARD OF ADDITIONAL SENIORITY - CRITERIA APPLICABLE - PREVIOUS EXPERIENCE - DISCRETIONARY POWER HELD BY ADMINISTRATION

( STAFF REGULATIONS , ART . 32 )

Summary

1 . AN OFFICIAL CANNOT BE PERMITTED TO CHALLENGE THE CONDITIONS OF HIS INITIAL RECRUITMENT ONCE THAT RECRUITMENT HAS BECOME DEFINITIVE . A FORTIORI , HE MAY NOT RAISE RETROSPECTIVE CLAIMS RELATING TO HIS CLASSIFICATION AND , CONSEQUENTLY , TO HIS PAST AND FUTURE REMUNERATION .

NEVERTHELESS , THE COMMUNICATION BY AN INSTITUTION TO ALL MEMBERS OF ITS STAFF OF A CIRCULAR CONTAINING AN INTERNAL DECISION ON THE CRITERIA APPLICABLE TO GRADE AND STEP CLASSI FICATION UPON RECRUITMENT AMOUNTS TO A NEW EVENT OF SUCH A NATURE AS TO AFFORD GROUNDS FOR BONA FIDE REQUESTS FROM OFFICIALS TO HAVE THEIR CAREERS REVIEWED .

2.THE DECISION OF A COMMUNITY INSTITUTION , COMMUNICATED TO ALL MEMBERS OF ITS STAFF AND DESIGNED TO ENSURE THAT IDENTICAL CONDITIONS OF RECRUITMENT AND CAREER PROSPECTS SHALL BE ENJOYED BY ALL OFFICIALS IN THE SAME CATEGORY OR SERVICE AS FAR AS GRADING AND CLASSIFICATION IN STEP ON RECRUITMENT ARE CONCERNED , CONSTITUTES AN INTERNAL DIRECTIVE , EVEN THOUGH THE DECISION AT ISSUE MAY NOT BE REGARDED AS A GENERAL IMPLEMENTING PROVISION WITHIN THE MEANING OF ARTICLE 110 OF THE STAFF REGULATIONS . AS SUCH IT MUST BE REGARDED AS A RULE OF CONDUCT , INDICATING THE PRACTICE TO BE FOLLOWED , WHICH THE ADMINISTRATION IMPOSES ON ITSELF AND FROM WHICH IT MAY NOT DEPART WITHOUT SPECIFYING THE REASONS WHICH HAVE LED IT TO DO SO , SINCE OTHERWISE THE PRINCIPLE OF EQUALITY OF TREATMENT WOULD BE INFRINGED .

SUCH AN INTERNAL DIRECTIVE MAY NOT , IN ANY CIRCUMSTANCES , LEGALLY ESTABLISH RULES WHICH DEROGATE FROM THE STAFF REGULATIONS .

3.THE APPOINTING AUTHORITY MAY NOT GIVE AN OFFICIAL CREDIT FOR PREVIOUS EXPERIENCE BY GRANTING HIM , ON RECRUITMENT , ADDITIONAL SENIORITY IN THE GRADE IN WHICH HE IS APPOINTED EXCEPT IN CASES WHERE SUCH EXPERIENCE MAY BE RECOGNIZED TO BE OF AN APPROPRIATE LEVEL AND OF A NATURE SPECIFICALLY RELEVANT TO THE POST IN QUESTION . IN VIEW OF THE GREAT DIVERSITY OF EXPERIENCE OFFERED BY CANDIDATES FOR EMPLOYMENT WITH THE EUROPEAN INSTITUTIONS , THE COMPETENT AUTHORITY MUST BE ALLOWED A DISCRETIONARY POWER COVERING ALL ASPECTS OF POTENTIAL IMPORTANCE FOR THE RECOGNITION OF PREVIOUS EXPERIENCE , BOTH AS REGARDS THE NATURE AND DURATION OF SUCH EXPERIENCE AND AS REGARDS THE EXTENT TO WHICH IT MATCHES THE REQUIREMENTS OF THE POST TO BE FILLED .
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MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - NO SYSTEM OF INSPECTION SET UP AS REQUIRED BY THE COMMUNITY RULES - JUSTIFICATION RELATING TO PRACTICAL DIFFICULTIES ENCOUNTERED - JUSTIFICATION NOT ACCEPTABLE IN VIEW OF THE PERIOD ELAPSED SINCE THE COMMUNITY PROVISIONS WERE BROUGHT INTO FORCE

( EEC TREATY , ART . 169 )
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FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - CHARGES IN RESPECT OF HEALTH INSPECTIONS - NO SERVICE RENDERED - PROHIBITION

( EEC TREATY , ARTICLES 9 AND 12 )

Summary

ARTICLE 9 OF THE EEC TREATY PROHIBITS BETWEEN MEMBER STATES CUSTOMS DUTIES AND ALL CHARGES HAVING EQUIVALENT EFFECT . THAT PROHIBITION , WHICH MAKES NO DISTINCTION ON THE BASIS OF THE PURPOSE FOR WHICH THE PECUNIARY CHARGES WHOSE ABOLITION IT ENVISAGES ARE LEVIED , ALSO INCLUDES CHARGES DEMANDED IN RESPECT OF HEALTH CHECKS EFFECTED BY REASON OF THE IMPORTATION OF GOODS . IN ACCORDANCE WITH THE SETTLED CASE-LAW OF THE COURT , THE SITUATION WOULD BE DIFFERENT ONLY IF THE PECUNIARY CHARGES WERE PART OF A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE OR IF THOSE CHARGES CONSTITUTED PAYMENT FOR A SERVICE ACTUALLY RENDERED TO THE IMPORTER .

HEALTH CHECKS WHICH ARE PART OF THE ADMINISTRATIVE ACTIVITY OF THE STATE , INTENDED TO PROTECT , IN THE PUBLIC INTEREST , PUBLIC HEALTH AND HYGIENE , CANNOT BE REGARDED AS A SERVICE RENDERED TO THE IMPORTER SUCH AS TO JUSTIFY THE IMPOSITION OF A PECUNIARY CHARGE .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION TO GIVE - SCOPE

( EEC TREATY , ART . 190 )

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - EXCLUSIVE AGREEMENTS - BLOCK EXEMPTION - SOLE DISTRIBUTORSHIP AGREEMENT NOT CONTAINING A PROHIBITION ON EXPORTS - CONCERTED PRACTICE - RESTRICTION OF PARALLEL IMPORTS - BENEFIT OF EXEMPTION - NONE

( REGULATION NO 67/67/EEC OF THE COMMISSION , ARTS . 1 AND 3 )

3 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SELECTIVE DISTRIBUTION SYSTEM - PROHIBITION OF SALES BETWEEN AUTHORIZED DEALERS - UNLAWFUL CLAUSE

( EEC TREATY , ART . 85 ( 1 ))

4 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SELECTIVE DISTRIBUTION SYSTEM - CLAUSE PERMITTING THE PROHIBITION OF DEALERS ' ADVERTISEMENTS - PROHIBITION

( EEC TREATY , ART . 85 ( 1 ))

5 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SELECTIVE DISTRIBUTION SYSTEM - QUANTITATIVE CRITERIA DETERMINING SELECTION - PROHIBITION

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . ALTHOUGH ARTICLE 190 OF THE TREATY REQUIRES THE COMMISSION TO MENTION THE FACTUAL CIRCUMSTANCES JUSTIFYING A DECISION AND THE CONSIDERATIONS WHICH LED TO ITS ADOPTION , IT DOES NOT REQUIRE THE COMMISSION TO DISCUSS ALL THE ISSUES OF FACT AND LAW WHICH WERE RAISED DURING THE ADMINISTRATIVE PROCEDURE .

2 . A SOLE DISTRIBUTORSHIP AGREEMENT NOT CONTAINING ANY PROHIBITION ON EXPORTS CANNOT QUALIFY FOR BLOCK EXEMPTION UNDER REGULATION NO 67/67/EEC OF THE COMMISSION IF THE UNDERTAKINGS CONCERNED ARE ENGAGED IN A CONCERTED PRACTICE AIMED AT RESTRICTING PARALLEL IMPORTS INTENDED FOR AN UNAUTHORIZED DEALER .

3 . A PROHIBITION OF SALES BETWEEN AUTHORIZED DEALERS PROVIDED FOR IN A STANDARD AGREEMENT USED BY AN UNDERTAKING WHICH APPLIES A SELECTIVE DISTRIBUTION SYSTEM CONSTITUTES A RESTRICTION OF THE ECONOMIC FREEDOM OF SUCH DEALERS AND , CONSEQUENTLY , A RESTRICTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY . THE FACT THAT THE UNDERTAKING CONCERNED NEVER IMPEDED EXPORTS BY ITS DEALERS IS NOT SUFFICIENT TO PRECLUDE THE EXISTENCE OF A CLEAR PROHIBITION OF EXPORTS .

4 . A CLAUSE INSERTED IN A STANDARD AGREEMENT USED BY AN UNDERTAKING WHICH APPLIES A SELECTIVE DISTRIBUTION SYSTEM CONSTITUTES AN INFRINGEMENT OF ARTICLE 85 ( 1 ) OF THE TREATY IF IT PERMITS THAT UNDERTAKING TO SCRUTINIZE THE WORDING OF DEALERS ' ADVERTISEMENTS AS REGARDS SELLING PRICES AND TO PROHIBIT SUCH ADVERTISEMENTS .

5 . A SELECTIVE DISTRIBUTION SYSTEM FALLS WITHIN THE PROHIBITION LAID DOWN BY ARTICLE 85 ( 1 ) OF THE TREATY IF IT PROVIDES FOR THE SELECTION OF DEALERS ON THE BASIS NOT ONLY OF QUALITATIVE BUT ALSO OF QUANTITATIVE CRITERIA . THAT IS THE CASE WHERE AN UNDERTAKING WHICH APPLIES A SYSTEM OF THAT KIND RESERVES THE RIGHT NOT TO APPOINT A NEW QUALIFIED DEALER IF , IN A SMALL AREA , THERE IS ALREADY A LARGE NUMBER OF DEALERS AND WHERE IT RESTRICTS THE FREEDOM OF DEALERS , EVEN AUTHORIZED DEALERS , TO ESTABLISH THEIR BUSINESS IN A LOCATION IN WHICH IT CONSIDERS THEIR PRESENCE CAPABLE OF INFLUENCING COMPETITION BETWEEN DEALERS .
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1 . OFFICIALS - PROMOTION - REFUSAL TO PROMOTE AN OFFICIAL

2 . OFFICIALS - ASSESSMENT - PERIODIC REPORT - CHANGE OF ASSESSMENT IN RELATION TO THE PREVIOUS REPORT - DUTY TO GIVE REASONS - SCOPE

3 . OFFICIALS - ASSESSMENT - PERIODIC REPORT - PREPARATION - DELAY - MALADMINISTRATION FOR WHICH THE ADMINISTRATION MAY INCUR LIABILITY - ASSESSMENT EX AEQUO ET BONO OF THE HARM SUFFERED
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OFFICIALS - ASSIGNMENT - INTEREST OF THE SERVICE - PRINCIPLE GOVERNING ADMINISTRATIVE ACTION - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 7 )

Summary

ARTICLE 7 OF THE STAFF REGULATIONS , ACCORDING TO WHICH THE COMPETENT AUTHORITY MUST , AS REGARDS ASSIGNMENT BY APPOINTMENT OR TRANSFER , BE GUIDED SOLELY BY THE INTEREST OF THE SERVICE , EXPRESSES A PRINCIPLE WHICH CONSTITUTES ONE OF THE GUIDING RULES OF ADMINISTRATIVE ACTION WHOSE APPLICATION CANNOT BE LIMITED SOLELY TO THE AGREEMENT OF OFFICIALS .
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COMMON CUSTOMS TARIFF - VALUATION FOR CUSTOMS PURPOSES - QUOTA CHARGES RELATING TO THE ACQUISITION OF EXPORT QUOTAS - EXCLUSION

( COUNCIL REGULATION NO 1224/80 , AS AMENDED BY REGULATION NO 3193/80 )

Summary

QUOTA CHARGES RELATING TO THE ACQUISITION OF EXPORT QUOTAS DO NOT FORM AN INTEGRAL PART OF THE VALUE FOR CUSTOMS PURPOSES OF GOODS IMPORTED INTO THE COMMUNITY WITHIN THE MEANING OF THE PROVISIONS OF COUNCIL REGULATION NO 1224/80 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES , AS AMENDED BY REGULATION NO 3193/80 .
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OFFICIALS - RECRUITMENT - ASSIGNMENT OF GRADE AND CLASSIFICATION IN STEP - ' ' DECISION ' ' OF AN INSTITUTION CONCERNING APPLICABLE CRITERIA - LEGAL NATURE - INTERNAL DIRECTIVE - EFFECTS

A ' ' DECISION ' ' OF AN INSTITUTION ON THE CRITERIA APPLICABLE TO GRADE AND STEP CLASSIFICATION UPON RECRUITMENT OF OFFICIALS , COMMUNICATED TO ALL THE INSTITUTION ' S STAFF BY MEANS OF A NOTICE COMPRISING THE ABOVE-MENTIONED DECISION ( ANNEX I ), A STATEMENT OF THE PRACTICE RELATING TO ITS APPLICATION ( ANNEX II ) AND A LIST DESCRIBING THE MEMBERSHIP OF THE GRADING COMMITTEE ( ANNEX III ), CONSTITUTES AN INTERNAL DIRECTIVE WHICH SHOULD BE REGARDED AS A RULE OF CONDUCT INDICATING THE PRACTICE TO BE FOLLOWED , WHICH THE ADMINISTRATION IMPOSES ON ITSELF AND FROM WHICH IT MAY NOT DEPART WITHOUT SPECIFYING THE REASONS WHICH HAVE LED IT TO DO SO , SINCE OTHERWISE THE PRINCIPLE OF EQUALITY OF TREATMENT WOULD BE INFRINGED . THE SAME CONSIDERATIONS MUST APPLY WITH REGARD TO THE LEGAL NATURE OF ANNEX II TO THE NOTICE , ENTITLED ' ' PRACTICAL APPLICATION - GENERAL SURVEY ' ' , WHICH BRIEFLY DESCRIBES THE ' ' ESTABLISHED PRACTICE ' ' OF THE ADMINISTRATION IN APPLYING THE PROVISIONS LAID DOWN IN THE ' ' DECISION ' ' IN QUESTION , BY SETTING FORTH MORE SPECIFIC RULES WHICH THE ADMINISTRATION CONSIDERS ITSELF BOUND TO OBSERVE . IN CASE 25/83
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SOCIAL SECURITY FOR MIGRANT WORKERS - OLD-AGE AND SURVIVORS ' INSURANCE - BENEFITS - ADJUSTMENT - RECALCULATION - SCOPE OF THE SYSTEM

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 51 )

Summary

ARTICLE 51 OF REGULATION NO 1408/71 MUST BE INTERPRETED AS APPLYING TO BENEFITS SUCH AS THOSE IN RESPECT OF ACCIDENTS AT WORK OR OCCUPATIONAL DISEASE WHICH , BY VIRTUE OF THE NATIONAL RULES AGAINST OVERLAPPING OF BENEFITS , ORIGINALLY AFFECTED THE AMOUNT OF THE PENSION FIXED PURSUANT TO ARTICLE 46 AND ANY SUBSEQUENT ADJUSTMENTS TO WHICH MIGHT AGAIN AFFECT THAT PENSION . IT IS THEREFORE NOT NECESSARY TO RECALCULATE THE PENSION PURSUANT TO ARTICLE 46 IF AN ADJUSTMENT IS MADE TO SUCH A BENEFIT ON ACCOUNT OF THE GENERAL EVOLUTION OF THE ECONOMIC AND SOCIAL SITUATION .
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APPROXIMATION OF LAWS - CIVIL LIABILITY MOTOR INSURANCE - DIRECTIVE 72/166 - SETTLEMENT OF CLAIMS - SETTLEMENT BY THE NATIONAL BUREAU OF THE PLACE IN WHICH THE ACCIDENT OCCURRED - CONDITIONS

( COUNCIL DIRECTIVE 72/166 , ART . 2 ( 2 ))

Summary

ARTICLE 2 ( 2 ) OF DIRECTIVE 72/166 MUST BE INTERPRETED AS MEANING THAT , WITH REFERENCE TO THE PAYMENT OF COMPENSATION FOR DAMAGE CAUSED IN THE TERRITORY OF ONE MEMBER STATE OF THE COMMUNITY BY A VEHICLE NORMALLY BASED IN THE TERRITORY OF ANOTHER MEMBER STATE , IF THE DRIVER OF THE VEHICLE OBTAINED IT BY THEFT OR DURESS , THE NATIONAL INSURERS ' BUREAUX ARE UNDER AN OBLIGATION TO SETTLE SUCH CLAIMS UPON THE TERMS LAID DOWN BY THEIR OWN NATIONAL LEGISLATION .
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INTERNATIONAL AGREEMENTS - AGREEMENT BETWEEN THE EEC AND THE SWISS CONFEDERATION - PROTOCOL NO 3 - ORIGIN OF GOODS - DETERMINATION - RESPONSIBILITY OF THE EXPORTING STATE - RELIANCE WHICH MUST BE PLACED ON THE ACTS OF THE ADMINISTRATIONS OF THE PARTIES TO THE AGREEMENT - RECIPROCAL RECOGNITION OF DECISIONS TAKEN PURSUANT TO THE PROTOCOL

( AGREEMENT BETWEEN EEC AND SWITZERLAND OF 22 JULY 1972 , PROTOCOL NO 3 )

Summary

THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION OF 22 JULY 1972 AND , MORE PARTICULARLY , PROTOCOL NO 3 ANNEXED THERETO CONCERNING THE DEFINITION OF THE CONCEPT OF ' ' ORIGINATING ' ' PRODUCTS AND METHODS OF ADMINISTRATIVE COOPERATION MUST BE INTERPRETED AS MEANING THAT THE ASSESSMENT OF THE ELEMENTS USED IN DETERMINING THE ORIGIN OF A PRODUCT AND , ACCORDINGLY , IN DETERMINING WHETHER IT IS ELIGIBLE FOR THE PREFERENTIAL TREATMENT PROVIDED FOR BY THE AGREEMENT , IS THE RESPONSIBILITY OF THE CUSTOMS AUTHORITIES OF THE STATE EXPORTING THE FINISHED PRODUCT WHICH APPLIES TO COMPONENTS IMPORTED FROM THIRD COUNTRIES , AT THE TIME OF THEIR IMPORTATION , ITS OWN RULES ON CUSTOMS VALUE AND EXCHANGE . THE SYSTEM LAID DOWN BY THE PROTOCOL , WHICH IS BASED ON COOPERATION BETWEEN THE CUSTOMS AUTHORITIES AND ON THE RELIANCE THAT MUST BE PLACED ON THE ACTS OF THOSE AUTHORITIES , CAN FUNCTION ONLY IF THE CUSTOMS AUTHORITIES OF THE IMPORTING STATE RECOGNIZE THE DETERMINATIONS LEGALLY MADE BY THE AUTHORITIES OF THE EXPORTING STATE .
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1 . OBJECTION OF ILLEGALITY - MEASURES WHICH MAY BE ALLEGED TO BE ILLEGAL - PROVISIONS OF ECSC GENERAL DECISIONS - PROVISIONS CONSTITUTING THE BASIS OF THE CONTESTED INDIVIDUAL DECISION

( ECSC TREATY , ART . 36 , THIRD PARA .)

2 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - UNDERTAKINGS CONCERNED - GROUPS OF CONCENTRATED UNDERTAKINGS - CONCEPT - REFERENCE TO ARTICLE 66 OF THE TREATY - WHETHER PERMISSIBLE - ENTITY TO WHICH QUOTAS ARE ALLOCATED - UNDERTAKING WHICH DIRECTS THE PRODUCTION OPERATIONS IN THE GROUP

( ECSC TREATY , ARTS 58 , 66 AND 80 ; DECISION NO 1696/82/ECSC , ART . 2 ( 4 ))

3 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - ADJUSTMENT OF QUOTAS FIXED FOR A GROUP OF UNDERTAKINGS - REFERENCE PRODUCTION

( DECISION NO 1696/82/ECSC , ARTS 2 ( 4 ) AND 14 )

Summary

1 . ALTHOUGH IN AN ACTION FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID THE APPLICANT MAY ALLEGE THAT CERTAIN PROVISIONS OF THE GENERAL DECISIONS WHICH THE CONTESTED DECISION IMPLEMENTS ARE ILLEGAL , THE APPLICANT MAY DO SO ONLY IF THE INDIVIDUAL DECISION IS BASED ON THE RULES ALLEGED TO BE ILLEGAL .

2 . THE COMMISSION , BY DECIDING FOR PRACTICAL REASONS TO ALLOCATE THE PRODUCTION QUOTAS TO THE UNDERTAKING WHICH DIRECTS THE PRODUCTION OPERATIONS IN THE GROUP , HAS NOT EXCEEDED THE DISCRETIONARY POWER CONFERRED UPON IT BY ARTICLE 58 OF THE ECSC TREATY , SINCE A METHOD OF THAT KIND ALSO ENABLES THE UNDERTAKING TO SUB DIVIDE THE QUOTAS WITHIN THE GROUP IN A MANNER WHICH IS MOST CONDUCIVE TO THE EFFICIENT MANAGEMENT OF PRODUCTION . MOREOVER , BY THUS SELECTING , AS THE ENTITY TO WHICH THE QUOTA SYSTEM IS TO BE APPLIED PURSUANT TO DECISION NO 1696/82 , A GROUP OF CONCENTRATED UNDERTAKINGS OF THE KIND REFERRED TO IN ARTICLE 66 OF THE ECSC TREATY , THE COMMISSION HAS IN NO WAY UNDERMINED THE VALIDITY OF THE DEFINITION OF AN UNDERTAKING CONTAINED IN ARTICLE 80 OF THE ECSC TREATY , AS CLARIFIED IN PARTICULAR BY THE CASE-LAW OF THE COURT , SINCE NEITHER THE DISTINCT LEGAL PERSONALITY OF THE UNDERTAKINGS FORMING PART OF THE GROUP NOR THEIR INDIVIDUAL RIGHT TO INSTITUTE PROCEEDINGS IN MATTERS CON CERNING THEM IS AFFECTED BY SUCH A DECISION .

3 . IN SO FAR AS THE COMMISSION APPLIED ARTICLE 2 ( 4 ) CORRECTLY WHEN IT FIXED A TOTAL QUOTA FOR A GROUP OF UNDERTAKINGS , IT WAS NECESSARILY ENTITLED TO TAKE ACCOUNT OF THE RESULTS OF THE GROUP AS A WHOLE IN DECIDING WHETHER TO REFUSE OR TO GRANT THE QUOTA ADJUSTMENTS APPLIED FOR UNDER ARTICLE 14 OF THE AFORESAID DECISION . IN TAKING THAT APPROACH , THE COMMISSION ' S SOLE AIM WAS TO ACCORD IDENTICAL TREATMENT TO GROUPS OF INTEGRATED UNDERTAKINGS IN COMPARISON WITH SINGLE UNDERTAKINGS POSSESSING SEVERAL PRODUCTION ESTABLISHMENTS .