ddrg/super_eurlex huggingface dataset:
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

THE MEMBER STATES MUST FULFIL THEIR OBLIGATIONS UNDER COMMUNITY DIRECTIVES IN EVERY RESPECT AND MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN THEIR INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH THOSE OBLIGATIONS .
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1 . EEC TREATY - SCOPE - VOCATIONAL TRAINING - ACCESS TO INSTRUCTION - APPLICABILITY OF TREATY PROVISIONS

( EEC TREATY , ART . 128 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - VOCATIONAL TRAINING PROVIDED IN A MEMBER STATE - REGISTRATION FEE OR ' MINERVAL ' IMPOSED ON NATIONALS OF OTHER MEMBER STATES - PROHIBITED

( EEC TREATY , ART . 7 )

3 . SOCIAL POLICY - COMMON VOCATIONAL TRAINING POLICY - VOCATIONAL TRAINING - CONCEPT - COURSES IN STRIP CARTOON ART - INCLUDED

( EEC TREATY , ART . 128 )

Summary

1 . ALTHOUGH EDUCATIONAL ORGANIZATION AND POLICY ARE NOT AS SUCH INCLUDED IN THE SPHERES WHICH THE TREATY HAS ENTRUSTED TO THE COMMUNITY INSTITUTIONS , ACCESS TO AND PARTICIPATION IN COURSES OF INSTRUCTION AND APPRENTICESHIP , IN PARTICULAR VOCATIONAL TRAINING , ARE NOT UNCONNECTED WITH COMMUNITY LAW . IT APPEARS FROM THE MEASURES AND PROGRAMMES ADOPTED IN THAT AREA BY THE COUNCIL THAT THE COMMON VOCATIONAL TRAINING POLICY REFERRED TO IN ARTICLE 128 OF THE TREATY IS GRADUALLY BEING ESTABLISHED . IT CONSTITUTES , MOREOVER , AN INDISPENSABLE ELEMENT OF THE ACTIVITIES OF THE COMMUNITY , WHOSE OBJECTIVES INCLUDE INTER ALIA THE FREE MOVEMENT OF PERSONS , THE MOBILITY OF LABOUR AND THE IMPROVEMENT OF THE LIVING STANDARDS OF WORKERS . IT FOLLOWS THAT THE CONDITIONS OF ACCESS TO VOCATIONAL TRAINING FALL WITHIN THE SCOPE OF THE TREATY .

2 . THE IMPOSITION ON STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES OF A CHARGE , A REGISTRATION FEE OR THE SO-CALLED ' MINERVAL ' AS A CONDITION OF ACCESS TO VOCATIONAL TRAINING , WHERE THE SAME FEE IS NOT IMPOSED ON STUDENTS WHO ARE NATIONALS OF THE HOST MEMBER STATE , CONSTITUTES DISCRIMINATION ON GROUNDS OF NATIONALITY CONTRARY TO ARTICLE 7 OF THE TREATY .

3 . ANY FORM OF EDUCATION WHICH PREPARES FOR A QUALIFICATION FOR A PARTICULAR PROFESSION , TRADE OR EMPLOYMENT OR WHICH PROVIDES THE NECESSARY SKILLS FOR SUCH A PROFESSION , TRADE OR EMPLOYMENT IS VOCATIONAL TRAINING , WHATEVER THE AGE AND THE LEVEL OF TRAINING OF THE PUPILS OR STUDENTS , EVEN IF THE TRAINING PROGRAMME INCLUDES AN ELEMENT OF GENERAL EDUCATION . THE TERM ' VOCATIONAL TRAINING ' THEREFORE INCLUDES COURSES IN STRIP CARTOON ART PROVIDED BY AN INSTITUTION OF HIGHER ART EDUCATION .
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1 . INTERNATIONAL AGREEMENTS - SECOND LOME ACP-EEC CONVENTION - PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION - PROCEDURE FOR PLACING PUBLIC WORKS CONTRACTS - RESPECTIVE ROLES OF THE ACP STATE AND THE COMMISSION - POWER OF THE ACP STATE TO CONCLUDE CONTRACTS - ACT OR OMISSION OF THE COMMISSION IN RESPECT OF WHICH AN ACTION FOR ANNULMENT OR FOR FAILURE TO ACT MAY BE BROUGHT BY A TENDERER - NONE - ALLEGATION OF LIABILITY ON THE PART OF COMMUNITY-ADMISSIBILITY

( EEC TREATY , ART . 173 , SECOND PARA ., ART . 175 , THIRD PARA ., ART . 178 AND ART . 215 , SECOND PARA ; SECOND ACP-EEC CONVENTION OF 31 OCTOBER 1979 , ARTS 120 TO 123 )

2 . INTERNATIONAL AGREEMENTS - SECOND LOME ACP-EEC CONVENTION - PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION - PROCEDURE FOR PLACING PUBLIC WORKS CONTRACTS - RESPECTIVE ROLES OF THE ACP STATE AND THE COMMISSION - AWARD OF CONTRACT SUBJECT TO COMMISSION APPROVAL - OBLIGATION OF COMMISSION TO ENSURE JUDICIOUS USE OF EDF FUNDS .

( SECOND ACP-EEC CONVENTION OF 31 OCTOBER 1979 , ARTS 121 AND 123 ).

Summary

1 . IN THE FRAMEWORK OF THE FINANCIAL AND TECHNICAL COOPERATION PROVIDED FOR BY THE SECOND ACP-EEC CONVENTION THE PROCEDURE FOR PLACING PUBLIC WORKS CONTRACTS INVOLVES A DIVISION OF POWERS BETWEEN THE COMMISSION AND THE AUTHORITIES OF THE ACP STATE CONCERNED . WHEREAS THE COMMISSION ADOPTS THE FINANCING DECISIONS ON BEHALF OF THE COMMUNITY , THE AUTHORITIES OF THE ACP STATE ARE RESPONSIBLE FOR PREPARING , NEGOTIATING AND CONCLUDING CONTRACTS . IT FOLLOWS THAT THERE CAN BE NO ACT OR OMISSION ON THE PART OF THE COMMISSION IN RESPECT OF WHICH TENDERERS MAY BRING AN ACTION FOR ANNULMENT OR FOR FAILURE TO ACT , UNDER ARTICLE 173 , SECOND PARAGRAPH , OR ARTICLE 175 , THIRD PARAGRAPH , OF THE EEC TREATY . THEY MAY HOWEVER BRING AN ACTION FOR DAMAGES , SINCE IT WOULD BE WRONG TO DISMISS THE POSSIBILITY THAT ACTS OR CONDUCT OF THE COMMISSION OR ITS OFFICIALS AND AGENTS IN CONNECTION WITH PROJECTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND MIGHT CAUSE DAMAGE TO THIRD PARTIES .

2 . HAVING REGARD TO THE RESPONSIBILITIES CONFERRED ON IT IN THE INTEREST OF THE COMMUNITY BY ARTICLES 121 AND 123 OF THE SECOND ACP-EEC CONVENTION , THE COMMISSION IS UNDER A DUTY , IN ORDER TO ENSURE THE ECONOMICAL ADMINISTRATION OF THE RESOURCES OF THE EUROPEAN DEVELOPMENT FUND , TO MAKE CERTAIN , BEFORE APPROVING THE AWARD OF A CONTRACT FINANCED BY THAT FUND , THAT THE TENDER ACCEPTED IS THE LOWEST , IS ECONOMICALLY THE MOST ADVANTAGEOUS AND DOES NOT EXCEED THE SUM EARMARKED FOR THE CONTRACT .
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1 . AGRICULTURE - PRODUCTS NOT SUBJECT TO A COMMON ORGANIZATION OF THE MARKET - SUCH PRODUCTS SUBJECT TO THE GENERAL RULES OF THE TREATY - SPECIAL RULES RELATING TO THE COMMON AGRICULTURAL POLICY - INAPPLICABILITY

( EEC TREATY , ARTS 9 , 10 , 30 , 39 ET SEQ .)

2 . FREE MOVEMENT OF GOODS - PROVISIONS OF THE TREATY - SCOPE - PRODUCTS ORIGINATING IN THE COMMUNITY AND IMPORTED PRODUCTS PUT INTO FREE CIRCULATION - IMPORTATION UNDER A COMMUNITY QUOTA - LACK OF EFFECT

( EEC TREATY , ARTS 9 , 10 AND 30

Summary

1 . AGRICULTURAL PRODUCTS IN RESPECT OF WHICH A COMMON ORGANIZATION OF THE MARKET HAS NOT BEEN ESTABLISHED ARE SUBJECT TO THE GENERAL RULES OF THE COMMON MARKET WITH REGARD TO IMPORTATION , EXPORTATION AND MOVEMENT WITHIN THE COMMUNITY . A MEMBER STATE MAY NOT THEREFORE RELY ON THE SPECIAL RULES OF ARTICLE 39 ET SEQ ., THE PURPOSE OF WHICH IS TO DEFINE THE BASIS OF A COMMON AGRICULTURAL POLICY , IN ORDER TO ESTABLISH OR TO MAINTAIN ON ITS TERRITORY PROVISIONS DEROGATING FROM THE PRINCIPLES OF THE COMMON MARKET IN RESPECT OF A PRODUCT NOT SUBJECT TO A COMMON ORGANIZATION OF THE MARKET .

2 . THE MEASURES LAID DOWN IN THE PROVISIONS OF THE TREATY DEALING WITH THE LIBERALIZATION OF INTRA-COMMUNITY TRADE ARE APPLICABLE WITHOUT DISTINCTION TO PRODUCTS ORIGINATING IN THE MEMBER STATES AND TO THOSE COMING FROM NON-MEMBER COUNTRIES WHICH HAVE BEEN PUT INTO FREE CIRCULATION IN THE COMMUNITY . ONCE THE LATTER PRODUCTS HAVE BEEN DULY IMPORTED INTO THE COMMUNITY IN ACCORDANCE WITH THE PROVISIONS IN FORCE RELATING TO TARIFFS AND TRADE , THEY ARE DEFINITIVELY AND WHOLLY ASSIMILATED TO PRODUCTS ORIGINATING IN MEMBER STATES . THOSE CONSIDERATIONS ALSO APPLY TO PRODUCTS IMPORTED INTO THE COMMUNITY UNDER A COMMUNITY QUOTA EVEN IF THAT QUOTA IS MORE PARTICULARLY INTENDED FOR THE MARKET OF A SPECIFIC MEMBER STATE EITHER BY VIRTUE OF AN AGREEMENT OR OF A LATER ALLOCATION . ONCE GOODS FORMING PART OF SUCH A QUOTA HAVE BEEN DULY IMPORTED INTO THE MEMBER STATE OF DESTINATION , THEY ARE ASSIMILATED TO THE PRODUCTS WHICH ARE IN FREE CIRCULATION IN THAT STATE AND IT MUST THEREFORE BE POSSIBLE FOR THEM TO BE IMPORTED WITHOUT HINDRANCE INTO THE OTHER MEMBER STATES , EXCEPT WHERE AN EXPRESS PROVISION TO THE CONTRARY HAS BEEN ADOPTED BY A COMPETENT INSTITUTION OF THE COMMUNITY .
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1 . ECSC - AID TO THE STEEL INDUSTRY - AUTHORIZATION BY THE COMMISSION - CONDITIONS - LINK BETWEEN THE RESTRUCTURING OF THE STEEL INDUSTRY AND THE GRANT OF AID - FIXED RATIO BETWEEN THE SIZE OF THE CAPACITY CUTS IMPOSED BY THE COMMISSION AND THE AMOUNT OF AID - NONE - FACTORS TO BE TAKEN INTO ACCOUNT

( GENERAL DECISION NO 2320/81 )

2 . ECSC - AID TO THE STEEL INDUSTRY - AUTHORIZATION BY THE COMMISSION - CONDITIONS - NOTIFICATION OF AID PLANS - FAILURE TO NOTIFY BY THE PRESCRIBED DATE - EFFECTS

( GENERAL DECISION NO 2320/81 , ART . 8 )

3 . ECSC - AID TO THE STEEL INDUSTRY - AUTHORIZATION BY THE COMMISSION - CONDITIONS - NOTIFICATION OF AID PLANS IN DUE TIME - MEANING OF THE TERM ' PLANS ' - AUTHORIZATION OF AID EXCEEDING THE AMOUNT NOTIFIED BY THE PRESCRIBED DATE - PERMISSIBILITY - CONDITIONS

( GENERAL DECISION NO 2320/81 , ART . 8 )

Summary

1 . ALTHOUGH GENERAL COMMISSION DECISION NO 2320/81 ESTABLISHING COMMUNITY RULES FOR AID TO THE STEEL INDUSTRY LINKS THE GRANT OF AID TO THE RESTRUCTURING OF THE INDUSTRY , THERE IS NOTHING IN ITS PROVISIONS OR IN ITS PREAMBLE TO SUGGEST THAT AN EXACT QUANTITATIVE RATIO WAS ESTABLISHED OR INTENDED BETWEEN THE AMOUNT OF THE AID AND THE SIZE OF THE REQUIRED CUTS IN PRODUCTION CAPACITY . IN PARTICULAR , THERE IS NOTHING IN THE DECISION TO SUGGEST THAT THE CAPACITY CUTS REQUIRED BY THE COMMISSION HAVE TO BE IN A FIXED RATIO , IN ALL THE MEMBER STATES , TO THE TOTAL AMOUNT OF AID GRANTED . THE FACTORS WHICH ARE LIKELY TO INFLUENCE THE EXACT AMOUNT OF THE AID TO BE AUTHORIZED DO NOT CONSIST SIMPLY IN THE NUMBER OF TONNES OF PRODUCTION CAPACITY HAVING TO BE CUT ; THERE ARE OTHER FACTORS , TOO , WHICH VARY FROM ONE REGION OF THE COMMUNITY TO ANOTHER , SUCH AS THE RESTRUCTURING EFFORT MADE BEFORE 1980 , THE REGIONAL AND SOCIAL PROBLEMS OCCASIONED BY THE CRISIS IN THE STEEL INDUSTRY , TECHNICAL CHANGE AND THE ADAPTATION OF UNDERTAKINGS TO SUIT MARKET REQUIREMENTS .

2 . THE DATE FOR THE NOTIFICATION OF AID PLANS WHICH IS SPECIFIED IN ARTICLE 8 ( 1 ) OF DECISION NO 2320/81 IS SUCH AS TO PRECLUDE THE APPROVAL OF ANY AID PLAN NOTIFIED SUBSEQUENT TO IT . CONSEQUENTLY , THE COMMISSION WAS NOT ENTITLED TO AUTHORIZE AID IF THE PLANS TO GRANT OR ALTER THE AID HAD NOT BEEN NOTIFIED TO IT BY 30 SEPTEMBER 1982 .

3 . THE AID PLANS WHICH , UNDER ARTICLE 8 ( 1 ) OF DECISION NO 2320/81 , WERE TO BE NOTIFIED TO THE COMMISSION NO LATER THAN 30 SEPTEMBER 1982 WERE PROGRAMMES WHICH , WITHIN THE FRAMEWORK OF A RESTRUCTURING PLAN , IDENTIFIED THE TYPE , THE AIM AND THE PROPOSED USE OF THE AID ; IT WAS NOT NECESSARY , AT THAT STAGE , FOR THE EXACT AMOUNT OF AID REQUIRING AUTHORIZATION TO HAVE BEEN DETERMINED . CONSEQUENTLY , THE FACT THAT THE AMOUNT OF AID FINALLY APPROVED BY THE COMMISSION EXCEEDED THE AMOUNT NOTIFIED ON 30 SEPTEMBER 1982 DOES NOT IN ITSELF CONSTITUTE A BREACH OF ARTICLE 8 ( 1 ), UNLESS THE INCREASE WHICH TOOK PLACE AFTER THAT DATE HAD THE EFFECT OF CHANGING THE NATURE OF THE PROPOSED AID AND , AS A RESULT , THE PLAN WHICH WAS IMPLEMENTED WAS NO LONGER THAT WHICH WAS NOTIFIED .
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PRELIMINARY RULINGS - JURISDICTION OF THE COURT - ACTS OF THE INSTITUTIONS - AGREEMENT BETWEEN NATIONAL INSURANCE BUREAUX PROVIDED FOR BY THE DIRECTIVE ON INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES - NOT INCLUDED

( EEC TREATY, ART . 177; COUNCIL DIRECTIVE 72/166 )

Summary

THE COURT DOES NOT HAVE JURISDICTION UNDER ARTICLE 177 OF THE TREATY TO INTERPRET AN AGREEMENT CONCLUDED BY NATIONAL INSURANCE BUREAUX, EVEN THOUGH SUCH AN AGREEMENT WAS PROVIDED FOR BY DIRECTIVE 72/166 ON INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES . THE PART PLAYED BY THE AGREEMENT IN QUESTION IN THE SYSTEM INTRODUCED BY THE DIRECTIVE DOES NOT ALTER ITS NATURE AS A MEASURE ADOPTED BY PRIVATE ASSOCIATIONS IN THE CONCLUSION OF WHICH NO COMMUNITY INSTITUTION TOOK PART .
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TAX PROVISIONS - HARMONIZATION OF LAWS - EXEMPTIONS FROM TURNOVER TAXES AND EXCISE DUTIES - GOODS CONTAINED IN THE PERSONAL LUGGAGE OF TRAVELLERS - REDUCTION IN EXEMPTIONS IN INTRA-COMMUNITY FRONTIER TRAFFIC - FRONTIER ZONE - DEFINITION

( COUNCIL DIRECTIVE 69/169 , ART . 5 ( 5 ), AS AMENDED BY DIRECTIVE 72/230 )

Summary

THE EXPRESSION ' FRONTIER-ZONE ' , DEFINED IN THE FIRST INDENT OF ARTICLE 5 ( 5 ) OF COUNCIL DIRECTIVE 69/169 OF 28 MAY 1969 , AS AMENDED BY COUNCIL DIRECTIVE 72/230 , WHICH DEFINES THE AREA THE RESIDENTS OF WHICH MAY ENJOY ONLY A REDUCED PROPORTION OF EXEMPTIONS IN RELATION TO TAXES ON TURNOVER AND EXCISE DUTIES CHARGEABLE UPON IMPORTATION , MUST BE INTERPRETED AS MEANING A CIRCULAR ZONE HAVING A RADIUS OF 15 KM AND ITS CENTRE AT THE CUSTOMS CROSSING .
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1 . APPLICATION TO HAVE A MEASURE DECLARED VOID - ACTION BY A COMPANY IN FORMATION AGAINST AN ECSC GENERAL DECISION - CAPACITY TO BRING AN ACTION - CONDITIONS - LEGAL PERSONALITY - ASSESSMENT THEREOF UNDER NATIONAL LAW

( ECSC TREATY , ART . 33 , SECOND PARA .)

2 . PROCEDURE - ADMISSIBILITY OF ACTIONS - ASSESSMENT BY REFERENCE TO THE SITUATION PREVAILING WHEN THE APPLICATION IS LODGED - RECTIFICATION - CONDITIONS

Summary

1 . IN ORDER TO BE ABLE TO INSTITUTE PROCEEDINGS AGAINST A GENERAL DECISION , ACTING AS AN UNDERTAKING PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY , A COMPANY IN FORMATION MUST HAVE ACQUIRED LEGAL PERSONALITY AND FULFILMENT OF THAT CONDITION MUST NECESSARILY BE ESTABLISHED IN ACCORDANCE WITH NATIONAL LAW .

2 . THE ADMISSIBILITY OF AN ACTION MUST BE JUDGED BY REFERENCE TO THE SITUATION PREVAILLING WHEN THE APPLICATION IS LODGED . IF AT THAT TIME THE CONDITIONS FOR AN ACTION TO BE BROUGHT ARE NOT FULFILLED , THE ACTION IS INADMISSIBLE , UNLESS THE DEFECT IS RECTIFIED WITHIN THE PERIOD PRESCRIBED FOR PROCEEDINGS TO BE INSTITUTED .
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TAX PROVISIONS - INTERNAL TAXATION - SYSTEM OF DIFFERENTIAL TAXATION ON CARS - PROGRESSIVE TAX REPLACED IN THE CASE OF CARS EXCEEDING A GIVEN FISCAL POWER RATING BY A CONSIDERABLY HIGHER SPECIAL TAX - SPECIAL TAX IMPOSED IN PRACTICE SOLELY ON IMPORTED CARS - PROHIBITION - DISCRIMINATORY OR PROTECTIVE EFFECT

( EEC TREATY , ART . 95 )

Summary

AS COMMUNITY LAW STANDS AT PRESENT THE MEMBER STATES ARE AT LIBERTY TO SUBJECT PRODUCTS SUCH AS CARS TO A SYSTEM OF ROAD TAX WHICH INCREASES PROGRESSIVELY IN AMOUNT DEPENDING ON AN OBJECTIVE CRITERION , SUCH AS THE POWER RATING FOR TAX PURPOSES , WHICH MAY BE DETERMINED IN VARIOUS WAYS .

HOWEVER , ARTICLE 95 OF THE EEC TREATY PROHIBITS THE CHARGING ON CARS EXCEEDING A GIVEN POWER RATING FOR TAX PURPOSES OF A SPECIAL FIXED TAX THE AMOUNT OF WHICH IS SEVERAL TIMES THE HIGHEST AMOUNT OF THE PROGRESSIVE TAX PAYABLE ON CARS OF LESS THAN THE SAID POWER RATING FOR TAX PURPOSES , WHERE THE ONLY CARS SUBJECT TO THE SPECIAL TAX ARE IMPORTED , IN PARTICULAR FROM OTHER MEMBER STATES . ALTHOUGH SUCH A SYSTEM EMBODIES NO FORMAL DISTINCTION BASED ON THE ORIGIN OF PRODUCTS IT MANIFESTLY EXHIBITS DISCRIMINATORY OR PROTECTIVE FEATURES CONTRARY TO ARTICLE 95 , SINCE THE POWER RATING DETERMINING LIABILITY TO THE SPECIAL TAX HAS BEEN FIXED AT A LEVEL SUCH THAT ONLY IMPORTED CARS ARE SUBJECT TO THE SPECIAL TAX WHEREAS ALL CARS OF DOMESTIC MANUFACTURE ARE LIABLE TO THE DISTINCTLY MORE ADVANTAGEOUS DIFFERENTIAL TAX .
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FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HEALTH - HEALTH CHECKS ON THE IMPORTATION OF COMPOUND FEEDING-STUFFS FOR ANIMALS - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ARTS 30 AND 36 ; COUNCIL DIRECTIVE 79/373 , ARTS 3 AND 9 )

Summary

THE PROVISIONS OF COUNCIL DIRECTIVE 79/373 ON THE MARKETING OF COMPOUND FEEDING-STUFFS FOR ANIMALS , IN PARTICULAR ARTICLES 3 AND 9 THEREOF , IN CONJUNCTION WITH ARTICLE 30 OF THE EEC TREATY , MUST BE INTERPRETED AS MEANING THAT MEMBER STATES ARE NOT PROHIBITED FROM SUBJECTING , IN RELIANCE ON ARTICLE 36 OF THE EEC TREATY , THE IMPORTATION FROM OTHER MEMBER STATES OF COMPOUND FEEDING-STUFFS FOR ANIMALS , WITHIN THE MEANING OF ARTICLE 2 ( B ) OF DIRECTIVE 79/373 , OF THE EXPORTING STATE OR AN IMPORT LICENCE ISSUED BY THE VETERINARY AUTHORITIES OF THE IMPORTING STATE , PROVIDED THAT SUCH A LICENCE IS ISSUED ON TERMS THAT ARE IN REASONABLE PROPORTION TO THE REQUIREMENTS REFERRED TO IN ARTICLE 36 .
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OFFICIALS - SOCIAL SECURITY - INSURANCE AGANST ACCIDENTS AND OCCUPATIONAL DISEASES - OCCUPATIONAL DISEASE - CONCEPT - MEDICAL REPORT - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF DISEASE AND OCCUPATIONAL DISEASE , ART . 3 ( 2 ))
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1 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - MEMBER OF THE AUXILIARY STAFF - CHARACTERISTICS AND PURPOSE OF THE CONDITIONS OF EMPLOYMENT - INAPPLICABILITY TO FREQUENT ENGAGEMENTS OF SHORT DURATION

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTS 1 , 3 AND 52 )

2 . OFFICIALS - ACTION - ACTION BASED ON ARTICLE 179 OF THE EEC TREATY - APPLICANT NOT ENTITLED TO THE STATUS OF A COMMUNITY SERVANT - FREELANCE INTERPRETER ENGAGED BY THE COMMISSION UNDER ITS INTERNAL ARRANGEMENTS - INADMISSIBILITY OF THE APPLICATION

( EEC TREATY , ART . 179 ; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTS 46 AND 73 )

3 . COURT OF JUSTICE - JURISDICTION - DISPUTE ARISING FROM THE ENGAGEMENT OF STAFF OUTSIDE THE SCOPE OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS UNDER CONTRACTS NOT CONTAINING AN ARBITRATION CLAUSE - LACK OF JURISDICTION OF THE COURT

( EEC TREATY , ARTS 173 , 181 AND 183 )

Summary

1 . A CONTRACT OF EMPLOYMENT AS A MEMBER OF THE AUXILIARY STAFF WITHIN THE MEANING OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES IS CHARACTERIZED BY ITS PRECARIOUSNESS IN TIME , SINCE IT CAN BE USED ONLY TO EFFECT A TEMPORARY REPLACEMENT OR TO ALLOW THE PERFORMANCE OF ADMINISTRATIVE DUTIES WHICH ARE OF A TRANSITORY NATURE , WHICH FILL AN URGENT NEED , OR WHICH ARE NOT CLEARLY DEFINED . SINCE THE PURPOSE OF THESE CONDITIONS OF EMPLOYMENT IS TO ARRANGE FOR OCCASIONAL STAFF TO PERFORM DUTIES WHICH - BY THEIR NATURE OR BY VIRTUE OF THE ABSENCE OF A HOLDER OF THE POST - ARE PRECARIOUS , IT IS CLEAR THAT SUCH CONDITIONS CANNOT BE WRONGFULLY USED TO ASSIGN SUCH STAFF TO PERMANENT DUTIES FOR LONG PERIODS . IT FOLLOWS THAT THOSE CONDITIONS CANNOT APPLY TO ENGAGEMENTS EACH OF WHICH IS OF SHORT DURATION BUT WHICH RECUR FREQUENTLY FROM YEAR TO YEAR .

2 . A FREELANCE INTERPRETER WHO IS ENGAGED UNDER THE COMMISSION ' S INTERNAL ARRANGEMENTS REGARDING FREELANCE CONFERENCE INTERPRETERS IS NOT ENTITLED EITHER TO THE STATUS OF COMMUNITY SERVANT WITHIN THE MEANING OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OR , CONSEQUENTLY , TO THE REMEDIES AVAILABLE UNDER ARTICLE 179 OF THE EEC TREATY . AN APPLICATION BY SUCH A PERSON ON THE BASIS OF ARTICLE 179 MUST THEREFORE BE DISMISSED AS INADMISSIBLE .

3 . THE COURT HAS NO JURISDICTION IN A DISPUTE CONCERNING THE PERFORMANCE OF CONTRACTS FOR THE ENGAGEMENT OF STAFF WHICH ARE CONCLUDED BY THE COMMISSION OUTSIDE THE SCOPE OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS AND WHICH DO NOT CONTAIN AN ARBITRATION CLAUSE . A PERSON UNDER CONTRACT TO THE COMMISSION CANNOT CIRCUMVENT THE DIVISION OF POWERS BETWEEN THE COURT OF JUSTICE AND THE NATIONAL COURTS BY SUBMITTING A REQUEST TO THE COMMISSION AND DESCRIBING THE LATTER ' S REJECTION OF THAT REQUEST AS A DECISION WITHIN THE MEANING OF ARTICLE 173 OF THE EEC TREATY .
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1 . COMPETITION - COMMUNITY RULES - NATIONAL RULES ON THE PRICE OF FUEL - COMPATIBILITY

( EEC TREATY , ARTS 3 ( F ), 5 , 85 AND 86 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES ON THE PRICE OF FUEL - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

Summary

1 . ARTICLES 3 ( F ), 5 , 85 AND 86 OF THE EEC TREATY DO NOT PROHIBIT NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL .

2 . ARTICLE 30 OF THE EEC TREATY PROHIBITS NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL WHERE THE MINIMUM PRICE IS FIXED ON THE BASIS SOLELY OF THE EX-REFINERY PRICES OF THE NATIONAL REFINERIES AND WHERE THOSE EX-REFINERY PRICES ARE IN TURN LINKED TO THE CEILING PRICE WHICH IS CALCULATED ON THE BASIS SOLELY OF THE COST PRICES OF NATIONAL REFINERIES WHEN THE EUROPEAN FUEL RATES ARE MORE THAN 8% ABOVE OR BELOW THOSE PRICES .
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1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SELECTIVE DISTRIBUTION SYSTEM - MANUFACTURER ' S DECISION CHANGING THE RANGE OF PRODUCTS TO BE MARKETED - NATURE - WHETHER UNILATERAL CONDUCT EXEMPT FROM THE PROHIBITION OF AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - NOT EXEMPT - ACT FORMING PART OF THE CONTRACTUAL RELATIONS BETWEEN THE MANUFACTURER AND ITS DEALERS - TAKEN INTO ACCOUNT DURING THE EXAMINATION WITH A VIEW TO GRANTING AN EXEMPTION

( EEC TREATY , ART . 85 ( 1 ) AND ( 3 ))

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PROHIBITION - EXEMPTION - SELECTIVE DISTRIBUTION SYSTEM - FACTORS TO BE TAKEN INTO ACCOUNT - REFUSAL TO SUPPLY - ASSESSMENT BY THE COMMISSION

( EEC TREATY , ART . 85 ( 3 ))

3 . ACTS OF THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - SCOPE - DECISION APPLYING THE RULES ON COMPETITION

( EEC TREATY , ART . 190 )

Summary

1 . WHEN ADMISSION TO A SELECTIVE DISTRIBUTION NETWORK IMPLIES ACCEPTANCE BY THE DEALERS OF THE MANUFACTURER ' S POLICY WITH REGARD TO THE RANGE OF PRODUCTS TO BE DELIVERED TO A NATIONAL MARKET , THE MANUFACTURER ' S DECISION TO CEASE TO SELL PART OF THAT RANGE DOES NOT CONSTITUTE A UNILATERAL ACT WHICH , AS SUCH , IS EXEMPT FROM THE PROHIBITION CONTAINED IN ARTICLE 85 ( 1 ) OF THE TREATY . IT FORMS PART OF THE CONTRACTUAL RELATIONS BETWEEN THE UNDERTAKING AND ITS DEALERS AND MAY THEREFORE BE TAKEN INTO ACCOUNT BY THE COMMISSION DURING ITS EXAMINATION OF THE MAIN DEALER AGREEMENT WITH A VIEW TO THE POSSIBILITY OF GRANTING AN EXEMPTION IN RESPECT OF IT UNDER ARTICLE 85 ( 3 ) OF THE TREATY .

2 . THE COMMISSION IS ENTITLED , WHEN EXAMINING A MAIN DEALER AGREEMENT WITH A VIEW TO DECIDING WHETHER OR NOT TO GRANT AN EXEMPTION IN RESPECT OF IT UNDER ARTICLE 85 ( 3 ) OF THE TREATY , TO TAKE ACCOUNT OF ALL THE CIRCUMSTANCES SURROUNDING THE APPLICATION OF THAT AGREEMENT . DURING THAT EXAMINATION , IT IS ENTITLED TO TAKE THE VIEW THAT THE MANUFACTURER ' S REFUSAL TO SUPPLY DEALERS IN A MEMBER STATE WITH ITEMS FROM ITS PRODUCT RANGE SUITABLE FOR EXPORT IS , OF ITSELF , A KEY ELEMENT IN PARTITIONING THE COMMON MARKET ARTIFICALLY , AND TO BALANCE THE IMPROVEMENT IN THE DISTRIBUTION OF THE GOODS RESULTING FROM THE AGREEMENT AGAINST THE DISADVANTAGES IN REGARD TO COMPETITION FLOWING FROM THE FACT THAT IT IS IMPOSSIBLE TO BUY CERTAIN ITEMS FROM THE PRODUCT RANGE IN A MEMBER STATE AT THE PRICES CHARGED THERE AND THE SIGNIFICANT REDUCTION IN COMPETITIVE PRESSURE IN ANOTHER MEMBER STATE WHICH IS THE CONSEQUENCE THEREOF .

3.IN A DECISION REFUSING TO GRANT AN EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY IN RESPECT OF A SELECTIVE DISTRIBUTION SYSTEM , THE COMMISSION IS NOT OBLIGED TO CARRY OUT A DETAILED EXAMINATION OF ALL THE ADVANTAGES AND DISADVANTAGES LIKELY TO FLOW FROM A SELECTIVE DISTRIBUTION SYSTEM WHEN IT HAS GOOD REASON TO BELIEVE THAT A MANUFACTURER HAS USED SUCH A SYSTEM TO PREVENT PARALLEL IMPORTS AND THUS ARTIFICALLY TO PARTITION THE COMMON MARKET .