ddrg/super_eurlex huggingface dataset:
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1 . ACTION FOR FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS - MEASURES ADOPTED BY THE MEMBER STATE IN QUESTION AFTER COMMENCEMENT OF THE ACTION - IRRELEVANT

( EEC TREATY, ART . 169 )

2 . ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - REQUIREMENT OF LEGAL CERTAINTY

( EEC TREATY, THIRD PARAGRAPH OF ART . 189 )

Summary

1 . IN AN ACTION BROUGHT AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS, THE COURT CANNOT TAKE ACCOUNT OF THE MEASURES WHICH THAT MEMBER STATE ADOPTED AFTER THE COMMENCEMENT OF THE ACTION IN ORDER TO COMPLY WITH ITS OBLIGATIONS .

2 . A MEMBER STATE DOES NOT DISCHARGE ITS OBLIGATIONS IF, FOR THE PURPOSE OF IMPLEMENTING A DIRECTIVE, IT ADOPTS PROVISIONS OF SO VAGUE A NATURE THAT THE PRECISION AND CLARITY REQUIRED TO SATISFY FULLY THE DEMANDS OF LEGAL CERTAINTY ARE LACKING .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - NOT ACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

THE FACT THAT A MEMBER STATE CHARGED WITH HAVING FAILED TO FULFIL AN OBLIGATION IMPOSED ON IT BY A DIRECTIVE HAS REQUESTED AN AMENDMENT OF THAT DIRECTIVE AND THAT THE COMMISSION HAS SENT TO THE COUNCIL A PROPOSAL TO THAT EFFECT BEFORE THE ADOPTION OF THAT PROPOSAL BY THE COUNCIL CANNOT EXPUNGE THE FAILURE IN QUESTION .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - ' DOLLS ' WITHIN THE MEANING OF SUBHEADING 97.02 A - DEFINITION

Summary

NOTE 3 TO CHAPTER 97 OF THE COMMON CUSTOMS TARIFF IS TO BE INTERPRETED AS MEANING THAT A FIGURE MAY BE REGARDED AS A DOLL WITHIN THE MEANING OF SUBHEADING 97.02 A OF THE COMMON CUSTOMS TARIFF ONLY IF ANY ANIMAL FEATURES WHICH IT MAY HAVE ARE MINOR AND SECONDARY AND THE FIGURE ' S GENERAL APPEARANCE IS ESSENTIALLY THAT OF A HUMAN BEING .
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1 . OBJECTION OF ILLEGALITY - MEASURES IN RESPECT OF WHICH SUCH AN OBJECTION MAY BE RAISED - GENERAL DECISIONS OF THE ECSC

( ECSC TREATY , ART . 36 , THIRD PARAGRAPH )

2 . ACTION FOR FAILURE TO ACT - FORMAL NOTICE TO THE INSTITUTION - CONDITIONS - CLEAR AND PRECISE REQUEST

( ECSC TREATY , ART . 35 )

3 . ACTION FOR ANNULMENT - INDIVIDUAL DECISION OF THE ECSC - APPLICATION FOR AN INCREASE IN THE REFERENCE PRODUCTION - REFUSAL RESULTING FROM THE FIXING OF PRODUCTION QUOTAS FOR THE NEXT QUARTER - DECISION ADVERSELY AFFECTING THE APPLICANT - DECISION NOT CONTESTED - PRODUCTION QUOTAS FIXED SUBSEQUENTLY - CONFIRMATORY MEASURE - INADMISSIBILITY ESTABLISHED BY THE COURT OF ITS OWN MOTION

( ECSC TREATY , ART . 33 , SECOND PARAGRAPH )

4 . ACTION FOR DAMAGES - ECSC - DAMAGE CAUSED BY AN INDIVIDUAL DECISION - ADMISSIBILITY - CONDITIONS

( ECSC TREATY , ART . 34 )

Summary

1 . AN APPLICANT MAY STILL , EVEN AFTER THE EXPIRY OF THE PERIOD FOR CHALLENGING A GENERAL DECISION , PLEAD THE ILLEGALITY OF THAT DECISION IN PROCEEDINGS INSTITUTED AGAINST AN INDIVIDUAL DECISION BASED UPON THE GENERAL DECISION .

2 . IF A REQUEST IS TO SET IN MOTION THE PROCEDURE FOR AN ACTION FOR FAILURE TO ACT UNDER ARTICLE 35 OF THE ECSC TREATY , IT MUST BE SUFFICIENTLY CLEAR AND PRECISE TO ENABLE THE COMMISSION TO ASCERTAIN IN SPECIFIC TERMS THE CONTENT OF THE DECISION WHICH IT IS BEING ASKED TO ADOPT . THAT IS NOT THE CASE WHERE A LETTER , WHILST STATING THE PURPOSE OF THE REQUEST , CONTEMPLATES THE POSSIBILITY OF FURTHER DISCUSSIONS WITH THE COMMISSION AND HENCE DOES NOT CLEARLY INDICATE THAT THE COMMISSION IS BEING CALLED UPON TO ADOPT A FORMAL DECISION WITHIN A MANDATORY PERIOD .

3 . SINCE A REQUEST FOR AN INCREASE IN ANNUAL REFERENCE PRODUCTION IN RESPECT OF CERTAIN PRODUCTS AS FROM A GIVEN QUARTER AMOUNTS TO AN APPLICATION FOR ADDITIONAL PRODUCTION QUOTAS , THE COMMISSION DECISION WHICH MUST BE REGARDED AS AN IMPLIED REJECTION OF THAT REQUEST AND WHICH IS THEREFORE CAPABLE OF ADVERSELY AFFECTING THE UNDERTAKING CONCERNED IS THE FIRST DECISION WHICH , AFTER THE SUBMISSION OF THE REQUEST AND WITHOUT TAKING IT INTO ACCOUNT , FIXES THE PRODUCTION QUOTAS FOR THE UNDERTAKING . SINCE THE LATTER DID NOT CHALLENGE THAT DECISION WITHIN THE PERIOD PRESCRIBED FOR THE INITIATION OF PROCEEDINGS , AN APPLICATION DIRECTED AGAINST A SUBSEQUENT DECISION OF THE COMMISSION WHICH , BY FIXING THE PRODUCTION QUOTAS FOR ANOTHER QUARTER WITHOUT TAKING INTO ACCOUNT THE ADJUSTMENT OF THE REFERENCE PRODUCTION SOUGHT , MERELY REAFFIRMS THE FIRST DECISION ' S REFUSAL OF THE REQUEST MUST BE DISMISSED BY THE COURT OF ITS OWN MOTION , INASMUCH AS IT IS NOT DIRECTED AGAINST THE DECISION ADVERSELY AFFECTING THE UNDERTAKING .

4 . IT FOLLOWS FROM ARTICLE 34 OF THE ECSC TREATY THAT AN ACTION FOR COMPENSATION FOR THE DAMAGE ARISING FROM AN INDIVIDUAL DECISION MAY BE BROUGHT BY AN UNDERTAKING ONLY AFTER THE DECISION WHICH ALLEGEDLY CAUSED THE DAMAGE HAS BEEN DECLARED VOID AND AFTER IT HAS BEEN ESTABLISHED THAT THE COMMISSION DOES NOT INTEND TO TAKE THE STEPS NEEDED TO REDRESS THE ILLEGALITY FOUND TO EXIST .
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1 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY MEMBERS - ' SPOUSE ' - MEANING

( COUNCIL REGULATION NO 1612/68 , ART . 10 ( 1 ))

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - ' SOCIAL ADVANTAGES ' - MEANING - COHABITATION WITH AN UNMARRIED COMPANION - ENTITLEMENT OF A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE , UNDER THE SAME CONDITIONS AS NATIONALS OF THE HOST STATE , TO A RESIDENCE PERMIT FOR HIS UNMARRIED COMPANION

( EEC TREATY , ARTS 7 AND 48 ; COUNCIL REGULATION NO 1612/68 , ART . 7 ( 2 ))

Summary

1 . ARTICLE 10 ( 1 ) OF REGULATION NO 1612/68 CANNOT BE INTERPRETED AS MEANING THAT THE COMPANION , IN A STABLE RELATIONSHIP , OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE AND IS EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE MUST IN CERTAIN CIRCUMSTANCES BE TREATED AS HIS ' SPOUSE ' FOR THE PURPOSES OF THAT PROVISION .

2 . THE POSSIBILITY FOR A MIGRANT WORKER OF OBTAINING PERMISSION FOR HIS UNMARRIED COMPANION TO RESIDE WITH HIM , WHERE THAT COMPANION IS NOT A NATIONAL OF THE HOST MEMBER STATE , CAN ASSIST HIS INTEGRATION IN THE HOST STATE AND THUS CONTRIBUTE TO THE ACHIEVEMENT OF FREEDOM OF MOVEMENT FOR WORKERS . CONSEQUENTLY , THAT POSSIBILITY MUST BE REGARDED AS FALLING WITHIN THE CONCEPT OF A SOCIAL ADVANTAGE FOR THE PURPOSES OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 .

IT MUST THEREFORE BE CONCLUDED THAT A MEMBER STATE WHICH GRANTS SUCH AN ADVANTAGE TO ITS OWN NATIONALS CANNOT REFUSE TO GRANT IT TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES WITHOUT BEING GUILTY OF DISCRIMINATION ON GROUNDS OF NATIONALITY , CONTRARY TO ARTICLES 7 AND 48 OF THE TREATY .
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1 . STATE AID - CONCEPT - AID IN THE FORM OF LOANS OR OF SUBSCRIPTIONS OF CAPITAL - FORM IRRELEVANT AS REGARDS THE APPLICATION OF ARTICLE 92 OF THE TREATY - SUBSCRIPTION OF CAPITAL - BASIS OF ASSESSMENT - SITUATION OF THE UNDERTAKING VIS-A-VIS THE PRIVATE CAPITAL MARKETS

( EEC TREATY , ART . 92 )

2 . STATE AID - EFFECT ON TRADE BETWEEN MEMBER STATES - DISTORTION OF COMPETITION

( EEC TREATY , ART . 92 ( 1 ))

3 . COMMUNITY LAW - PRINCIPLES - RIGHT TO BE HEARD - APPLICATION TO AN ADMINISTRATIVE PROCEDURE INITIATED BY THE COMMISSION - SCOPE

Summary

1 . THE TREATY APPLIES TO AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES ' IN ANY FORM WHATSOEVER ' . ACCORDINGLY , NO DISTINCTION CAN BE DRAWN BETWEEN AID GRANTED IN THE FORM OF LOANS AND AID GRANTED IN THE FORM OF A SUBSCRIPTION OF CAPITAL OF AN UNDERTAKING . AID TAKING EITHER FORM FALLS WITHIN THE PROHIBITION CONTAINED IN ARTICLE 92 OF THE TREATY WHERE THE CONDITIONS SET OUT THEREIN ARE FULFILLED .

AN APPROPRIATE WAY OF ESTABLISHING WHETHER A SUBSCRIPTION OF CAPITAL OF AN UNDERTAKING IS A STATE AID IS TO DETERMINE TO WHAT EXTENT THE UNDERTAKING WOULD BE ABLE TO OBTAIN THE SUMS IN QUESTION ON THE PRIVATE CAPITAL MARKETS . IN THE CASE OF AN UNDERTAKING WHOSE CAPITAL IS ALMOST ENTIRELY HELD BY THE PUBLIC AUTHORITIES , THE TEST IS , IN PARTICULAR , WHETHER IN SIMILAR CIRCUMSTANCES A PRIVATE SHAREHOLDER , HAVING REGARD TO THE FORESEEABILITY OF OBTAINING A RETURN AND LEAVING ASIDE ALL SOCIAL , REGIONAL-POLICY AND SECTORAL CONSIDERATIONS , WOULD HAVE SUBSCRIBED THE CAPITAL IN QUESTION .

2 . SINCE THE UNDERTAKING CONCERNED EXPORTED MORE THAN 70% OF ITS OUTPUT TO OTHER MEMBER STATES , EXCESS PRODUCTION CAPACITY EXISTED IN THE MARKET IN QUESTION AND THE UNDERTAKING WOULD HAVE INEVITABLY DISAPPEARED FROM THE MARKET IF THE AID HAD NOT BEEN GRANTED , THE COMMISSION WAS ENTITLED TO CONCLUDE , IN THE ABSENCE OF ANY INFORMATION TO THE CONTRARY , THAT THE AID IN QUESTION AFFECTED TRADE BETWEEN MEMBER STATES AND DISTORTED , OR THREATENED TO DISTORT , COMPETITION WITHIN THE MEANING OF ARTICLE 92 ( 1 ) OF THE TREATY .

3 . OBSERVANCE OF THE RIGHT TO BE HEARD IS , IN ALL PROCEEDINGS INITIATED AGAINST A PERSON WHICH ARE LIABLE TO CULMINATE IN A MEASURE ADVERSELY AFFECTING THAT PERSON , A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH MUST BE GUARANTEED EVEN IN THE ABSENCE OF ANY RULES GOVERNING THE PROCEDURE IN QUESTION . THE PRINCIPLE OF THE RIGHT TO BE HEARD REQUIRES THAT THE PERSON AGAINST WHOM AN ADMINISTRATIVE PROCEDURE HAS BEEN INITIATED MUST HAVE BEEN AFFORDED THE OPPORTUNITY , DURING THAT PROCEDURE , TO MAKE KNOWN HIS VIEWS ON THE TRUTH AND RELEVANCE OF THE FACTS AND CIRCUMSTANCES ALLEGED AND ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS CLAIM THAT THERE HAS BEEN AN INFRINGEMENT OF COMMUNITY LAW . WHERE THE PERSON CONCERNED HAS NOT BEEN AFFORDED AN OPPORTUNITY TO COMMENT ON DOCUMENTS CONTAINING INFORMATION COVERED BY BUSINESS CONFIDENTIALITY , THE COMMISSION MAY NOT USE THAT INFORMATION IN ITS DECISION .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATIONS - SCOPE AND LIMITS - COMMISSION DECISION REFUSING IMPORTATION FREE OF CUSTOMS DUTIES OF SCIENTIFIC APPARATUS

( EEC TREATY , ART . 190 )

2 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - SCIENTIFIC INSTRUMENTS AND APPARATUS - ASSESSMENT OF SCIENTIFIC NATURE - PROCEDURE - RIGHT OF THE PERSON APPLYING FOR DUTY-FREE IMPORTATION TO BE HEARD - NONE

( COUNCIL REGULATION NO 1798/75 ; COMMISSION REGULATION NO 2784/79 , ART . 7 ( 2 ))

Summary

1 . ALTHOUGH IT IS TRUE THAT THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE REASONS ON WHICH A DECISION IS BASED MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .

THUS , ALTHOUGH THE STATEMENT OF THE REASONS ON WHICH IT IS BASED IS SOMEWHAT LACONIC , A COMMISSION DECISION REFUSING TO PERMIT IMPORTATION FREE OF CUSTOMS DUTIES OF SCIENTIFIC APPARATUS MAY BE REGARDED AS SATISFYING THE REQUIREMENTS OF ARTICLE 190 OF THE TREATY IF IT IS ADDRESSED TO THE MEMBER STATES WHICH TOOK PART IN ITS DRAFTING THROUGH THE MEETINGS OF THE GROUP OF EXPERTS OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND CONTAINS THE INDISPENSABLE ELEMENTS WHICH PERMIT PERSONS CONCERNED TO DETECT POSSIBLE IRREGULARITIES CASTING DOUBT ON ITS VALIDITY .

2 . ARTICLE 7 ( 2 ) OF REGULATION NO 2784/79 LAYING DOWN PROVISIONS FOR THE IMPLEMENTATION OF REGULATION NO 1798/75 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC OR CULTURAL MATERIALS PROVIDES NEITHER FOR THE PARTICIPATION OF THE PERSON APPLYING FOR DUTY-FREE IMPORTATION IN THE EXAMINATION CARRIED OUT BY THE EXPERTS FROM THE MEMBER STATES WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS NOR FOR ANY RIGHT ON HIS PART TO BE HEARD BEFORE THE COMMISSION ADOPTS THE DECISION ESTABLISHING WHETHER OR NOT THE INSTRUMENT OR APPARATUS FULFILS THE CONDITIONS REQUIRED FOR ADMISSION FREE OF CUSTOMS DUTIES .
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1 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - INDEPENDENCE - LIMITS - ADOPTION OF UNLAWFUL DECISIONS - DUTIES OF THE APPOINTING AUTHORITY - REVIEW BY THE COURT

2 . OFFICIALS - RECRUITMENT - COMPETITIONS - CONDITIONS OF ADMISSION - SUPPORTING DOCUMENTS - INSUFFICIENT - REFUSAL OF THE SELECTION BOARD TO ALLOW ADDITIONAL DOCUMENTS TO BE PRODUCED - DISREGARD OF THE DUTY TO HAVE REGARD TO THE INTERESTS OF OFFICIALS .

( STAFF REGULATIONS , ANNEX III , ART . 2 , PARA . 2 )

Summary

1 . IN VIEW OF THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION CONCERNED HAS NO POWER TO ANNUL OR AMEND A DECISION TAKEN BY A SELECTION BOARD . HOWEVER , IN EXERCISING ITS OWN POWERS , THE APPOINTING AUTHORITY CANNOT BE BOUND BY A DECISION OF A SELECTION BOARD WHERE THE ILLEGALITY OF THAT DECISION IS LIABLE TO VITIATE ITS OWN DECISIONS . IF IT IS UNABLE TO APPOINT A CANDIDATE BECAUSE IT CONSIDERS THAT THE SELECTION BOARD HAS UNLAWFULLY REFUSED TO ALLOW ONE OR MORE CANDIDATES TO TAKE PART IN THE COMPETITION AND THAT AS A RESULT THE WHOLE COMPETITION IS INVALIDATED , IT IS UNDER A DUTY TO TAKE FORMAL NOTE OF THAT SITUATION BY MEANS OF A REASONED DECISION AND RECOMMENCE THE WHOLE COMPETITION PROCEDURE FOLLOWING PUBLICATION OF A NEW NOTICE AND IF NECESSARY THE APPOINTMENT OF A NEW SELECTION BOARD . WHERE THE APPOINTING AUTHORITY HAS TAKEN NO SUCH DECISION , IT IS FOR THE COURT , ON THE APPLICATION OF THE PARTIES CONCERNED , TO RULE DIRECTLY ON THE LEGALITY OF THE SELECTION BOARD ' S DECISION .

2 . THE DUTY OF THE ADMINISTRATION TO LOOK AFTER THE WELL-BEING OF ITS OFFICIALS REFLECTS THE BALANCE OF THE RECIPROCAL RIGHTS AND OBLIGATIONS ESTABLISHED BY THE STAFF REGULATIONS IN THE RELATIONSHIP BETWEEN THE OFFICIAL AUTHORITY AND THE CIVIL SERVANTS . A PARTICULAR CONSEQUENCE OF THIS BALANCE IS THAT WHEN THE OFFICIAL AUTHORITY TAKES A DECISION CONCERNING THE SITUATION OF AN OFFICIAL , IT SHOULD TAKE INTO CONSIDERATION ALL THE FACTORS WHICH MAY AFFECT ITS DECISIONS AND THAT WHEN DOING SO IT SHOULD TAKE INTO ACCOUNT NOT ONLY THE INTERESTS OF THE SERVICE BUT ALSO THOSE OF THE OFFICIAL CONCERNED . A SELECTION BOARD IS ALSO SUBJECT TO THAT DUTY FOR , ALTHOUGH IN THE ABSENCE OF DETAILS IN THE NOTICE OF COMPETITION IT MAY REQUIRE CANDIDATES TO PRODUCE ANY DOCUMENT IT CONSIDERS NECESSARY AND IN WHATEVER FORM IT CONSIDERS APPROPRIATE , IT CANNOT REJECT AN APPLICATION WITHOUT GIVING THE APPLICANT THE OPPORTUNITY TO PRODUCE ADDITIONAL DOCUMENTS CAPABLE OF REGULARIZING HIS APPLICATION . THAT REASONING IS ESPECIALLY APPLICABLE WHERE IT IS A QUESTION OF AN INTERNAL COMPETITION INVOLVING A LIMITED NUMBER OF CANDIDATES .
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OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - TEMPORARY STAFF PAID FROM RESEARCH AND INVESTMENT APPROPRIATIONS - BREACH OF PRINCIPLE OF EQUAL TREATMENT - SALARY BELOW THAT OF OTHER TEMPORARY STAFF IN COMPARABLE POSITIONS AND PERFORMING DUTIES OF THE SAME NATURE

Summary

BY LAYING DOWN A TABLE OF SALARIES APPLYING ONLY TO MEMBERS OF THE TEMPORARY STAFF IN CATEGORIES C AND D ASSIGNED TO PERMANENT POSTS PAID FROM RESEARCH AND INVESTMENT APPROPRIATIONS WHICH PROVIDED FOR SALARIES WHICH WERE APPROXIMATELY 5% BELOW THOSE PAID TO OTHER MEMBERS OF THE TEMPORARY STAFF , ARTICLE 1 ( 5 ) OF REGULATION NO 2615/76 INFRINGED , IN A CASE IN WHICH A DIFFERENCE IN TREATMENT WAS NOT OBJECTIVELY JUSTIFIED , THE PRINCIPLE OF EQUAL PAY FOR OFFICIALS AND OTHER SERVANTS IN COMPARABLE POSITIONS AND PERFORMING DUTIES OF THE SAME NATURE .
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1 . TAX PROVISIONS - DOMESTIC TAXATION - DIFFERENTIAL SYSTEM OF TAXATION - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 95 )

2 . TAX PROVISIONS - DOMESTIC TAXATION - DIFFERENTIAL SYSTEM OF TAX ON DIESEL-ENGINED CARS - HIGHER RATE CHARGED EXCLUSIVELY ON IMPORTED CARS - PERMISSIBILITY - NO DISCRIMINATION OR PROTECTIVE EFFECT

( EEC TREATY , ART . 95 )

Summary

1 . IN ITS PRESENT STAGE OF DEVELOPMENT COMMUNITY LAW DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO LAY DOWN TAX ARRANGEMENTS WHICH DIFFERENTIATE BETWEEN CERTAIN PRODUCTS ON THE BASIS OF OBJECTIVE CRITERIA . HOWEVER , THE FREEDOM LEFT TO MEMBER STATES IN THE FIELD OF DOMESTIC TAXATION CANNOT JUSTIFY ANY DEPARTURE FROM THE FUNDAMENTAL PRINCIPLE OF NON-DISCRIMINATION IN TAX MATTERS LAID DOWN IN ARTICLE 95 OF THE TREATY BUT MUST BE EXERCISED WITHIN THE CONFINES OF THAT PROVISION AND OBSERVE THE PROHIBITIONS CONTAINED THEREIN .

2 . DIFFERENTIAL TAXATION ON DIESEL-ENGINED CARS ON THE BASIS OF CUBIC CAPACITY AS A RESULT OF WHICH THE HIGHER RATE OF VALUE-ADDED TAX APPLIES EXCLUSIVELY TO IMPORTED CARS IS NOT DISCRIMINATORY AND DOES NOT HAVE A PROTECTIVE EFFECT WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY WHERE MOST MODELS OF IMPORTED DIESEL-ENGINED CARS FALL WITHIN THE CATEGORY TAXED AT THE NORMAL RATE , ONLY ONE MODEL FALLS WITHIN THE CATEGORY TAXED AT THE HIGHER RATE AND , IF REGARD IS HAD NOT ONLY TO DIESEL-ENGINED CARS , THE HIGHER RATE IS LEVIED NOT ONLY ON IMPORTED CARS BUT ALSO ON DOMESTICALLY MANUFACTURED CARS .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - FRUIT AND VEGETABLES - PRODUCERS ' ORGANIZATIONS - RULES ON MARKETING - COMPULSORY FOR MEMBERS - EXTENSION TO ALL PRODUCERS IN THE REGION - NOT PERMISSIBLE - CONDITIONS

( COUNCIL REGULATION NO 1035/72 )

Summary

ON A TRUE CONSTRUCTION , REGULATION NO 1035/72 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES LEAVES MEMBER STATES NO POWER TO EXTEND RULES LAID DOWN BY A PRODUCERS ' ORGANIZATION TO ALL THE PRODUCERS IN A SPECIFIED REGION WHERE THOSE RULES CONCERN THE GRADING , SIZE , WEIGHT AND PRESENTATION OF PRODUCTS OR REQUIRE PRODUCERS TO OFFER ALL THEIR PRODUCTS FOR PUBLIC SALE EXCLUSIVELY AT MARKETS APPROVED BY THE PRODUCERS ' ORGANIZATION AND TO MAKE CONTRIBUTIONS TO THE OPERATION OF THE WITHDRAWAL SCHEME ESTABLISHED BY THAT ORGANIZATION .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - ADVANCE PAYMENT - REPAYMENT OF AMOUNTS UNDULY PAID - SUPPLEMENT - RATE OF 20% - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( COMMISSION REGULATION NO 1957/69, ART . 6 ( 1 )*)

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - ADVANCE PAYMENT - REPAYMENT OF AMOUNTS UNDULY PAID - SUPPLEMENT - BASIS OF CALCULATION - DIFFERENCE BETWEEN THE REFUND PAID IN ADVANCE AND THE REFUND ACTUALLY DUE

( COMMISSION REGULATION NO 1957/69, ART . 6 ( 1 ) AND ( 5 )*)

Summary

1 . ARTICLE 6 ( 1 ) OF REGULATION NO 1957/69 PROVIDES THAT, WHEN REFUNDS PAID IN ADVANCE MUST BE REPAID BECAUSE THEY HAVE BEEN UNDULY GRANTED, A SUPPLEMENT OF 20% IS TO BE APPLIED TO THE AMOUNTS TO BE REPAID . THE PURPOSE OF THAT SUPPLEMENT IS TO PREVENT TRADERS FROM UNDULY BENEFITING FROM INTEREST-FREE CREDIT . HAVING REGARD TO THAT PURPOSE, A RATE OF 20% CANNOT BE REGARDED AS DISPROPORTIONATE, BECAUSE THE REGULATION LAID DOWN A STANDARD RATE FOR THE WHOLE OF THE COMMUNITY AND THEREFORE IT WAS APPROPRIATE TO TAKE ACCOUNT, ON THE ONE HAND, OF THE VARIETY OF INTEREST RATES APPLIED IN THE VARIOUS MEMBER STATES AND, ON THE OTHER, OF THE LENGTH OF THE PERIOD WHICH COULD ELAPSE BETWEEN THE GRANT OF THE REFUND AND THE ACTUAL REPAYMENT THEREOF .

2 . A TRADER WHO HAS UNDERTAKEN, PURSUANT TO ARTICLE 3 ( 2 ) OF REGULATION NO 1957/69, TO EXPORT MIXED CEREAL FEEDINGSTUFF WITH A CEREAL CONTENT EXCEEDING 65% BY WEIGHT, BUT WHO HAS IN FACT, OWING TO CIRCUMSTANCES IN WHICH NO BLAME ATTACHES TO HIM, EXPORTED MIXED CEREAL FEEDINGSTUFF CONTAINING ONLY BETWEEN 50% AND 65% BY WEIGHT OF CEREAL, IS OBLIGED UNDER ARTICLE 6 ( 1 ) AND ( 5 ) OF THE SAID REGULATION, EVEN WHERE THE DEPOSIT HAS ALREADY BEEN RELEASED, TO REPAY THE DIFFERENCE BETWEEN THE REFUND PAID IN ADVANCE AND THE REFUND WHICH HE SHOULD HAVE OBTAINED FOR THE PRODUCTS ACTUALLY EXPORTED, THAT DIFFERENCE TO BE INCREASED BY 20 %.
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1 . PROCEDURE - TIME-LIMIT FOR INSTITUTING LEGAL PROCEEDINGS - BARRING OF ACTION - WHETHER PERMISSIBLE HAVING REGARD TO THE FACT THAT EVERY PERSON HAS A RIGHT TO A FAIR TRIAL

( EUROPEAN CONVENTION ON HUMAN RIGHTS, ART . 6 )

2 . OFFICIALS - TEMPORARY STAFF - MEMBERS SUBJECT EXCLUSIVELY TO THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - DISCRIMINATION BY COMPARISON WITH ALL OTHER EMPLOYEES - NONE

3 . OFFICIALS - APPEAL - APPEAL BASED ON ARTICLE 179 OF THE EEC TREATY - TIME-LIMITS - APPLICATION OF ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS WHATEVER THE PURPOSE OF THE APPEAL

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

Summary

1 . THE PRINCIPLE THAT EVERY PERSON HAS A RIGHT TO A FAIR TRIAL, ESTABLISHED BY ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND RECOGNIZED BY THE COMMUNITY' S LEGAL SYSTEM, DOES NOT PRECLUDE THE SETTING OF A TIME-LIMIT FOR THE INSTITUTION OF LEGAL PROCEEDINGS .

2 . MEMBERS OF THE TEMPORARY STAFF OF THE EUROPEAN COMMUNITIES ARE COVERED BY THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS AND, SO FAR AS APPEALS ARE CONCERNED, BY THE PROVISIONS OF THE STAFF REGULATIONS TO WHICH THOSE CONDITIONS OF EMPLOYMENT REFER; THAT SITUATION CANNOT BE REGARDED AS IN ANY WAY DISCRIMINATORY BY COMPARISON WITH THAT OF OTHER EMPLOYEES IN THE COUNTRY IN WHICH THOSE COMMUNITY SERVANTS ARE WORKING .

3 . APPEALS BASED ON ARTICLE 179 OF THE EEC TREATY ARE SUBJECT TO THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS, WHETHER THE PURPOSE OF THE APPEAL IS TO CLAIM THE ANNULMENT OF A MEASURE OR THE AWARD OF COMPENSATION .
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1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - PRESUMPTION OF VALIDITY - NON-EXISTENT MEASURE - CONCEPT

2 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - WITHDRAWAL - UNLAWFUL MEASURES - CONDITIONS

Summary

1 . UNDER COMMUNITY LAW, AN ADMINISTRATIVE MEASURE, EVEN THOUGH IT MAY BE IRREGULAR, IS PRESUMED TO BE VALID UNTIL IT HAS BEEN PROPERLY REPEALED OR WITHDRAWN BY THE INSTITUTION WHICH ADOPTED IT . IF A MEASURE IS DEEMED TO BE NON-EXISTENT, THE FINDING MAY BE MADE, EVEN AFTER THE PERIOD FOR INSTITUTING PROCEEDINGS HAS EXPIRED, THAT THE MEASURE HAS NOT PRODUCED ANY LEGAL EFFECTS AND THAT CLASSIFICATION MUST THEREFORE, FOR REASONS OF LEGAL CERTAINTY WHICH ARE EVIDENT, BE RESTRICTED TO MEASURES WHICH EXHIBIT PARTICULARLY SERIOUS AND MANIFEST DEFECTS .

2 . THE WITHDRAWAL OF AN UNLAWFUL MEASURE IS PERMISSIBLE, PROVIDED THAT THE WITHDRAWAL OCCURS WITHIN A REASONABLE TIME AND PROVIDED THAT THE INSTITUTION WHICH ADOPTED IT HAS HAD SUFFICIENT REGARD TO HOW FAR THE ADDRESSEE OF THE MEASURE MIGHT HAVE BEEN LED TO RELY ON THE LAWFULNESS THEREOF . IF THOSE CONDITIONS ARE NOT FULFILLED, THE WITHDRAWAL IS CONTRARY TO THE PRINCIPLES OF LEGAL CERTAINTY AND OF THE PROTECTION OF LEGITIMATE EXPECTATIONS AND MUST THEREFORE BE ANNULLED .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - UNEMPLOYMENT BENEFITS - CONCEPT - ASSISTANCE FOR VOCATIONAL TRAINING - INCLUSION - CONDITIONS

( REGULATION NO 1408/71 OF THE COUNCIL, ART . 4*(1)*(G )*)

Summary

ASSISTANCE FOR VOCATIONAL TRAINING WHICH CONCERNS EITHER PERSONS WHO ARE ALREADY UNEMPLOYED OR PERSONS WHO ARE STILL IN EMPLOYMENT BUT ARE ACTUALLY THREATENED BY UNEMPLOYMENT IS TO BE REGARDED AS AN "UNEMPLOYMENT BENEFIT" FOR THE PURPOSE OF ARTICLE 4*(1)*(G ) OF REGULATION NO 1408/71 .