ddrg/super_eurlex huggingface dataset:
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - POWERS OF THE COUNCIL TO ADOPT MEASURES - SCOPE

( EEC TREATY , ART . 51 )

2.SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY BENEFITS - PENSIONERS - BENEFITS PAYABLE BY THE STATE OF RESIDENCE OF THE RECIPIENT OF AN INVALIDITY PENSION - HIGHER BENEFITS PREVIOUSLY GRANTED BY ANOTHER MEMBER STATE - RIGHT TO AN ADDITIONAL BENEFIT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 77 ( 2 ) ( B ) ( I ))

Summary

1 . AS IS APPARENT FROM ITS VERY WORDING , ARTICLE 51 OF THE EEC TREATY , WHICH REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO ACHIEVE THE FUNDAMENTAL OBJECTIVE OF FREEDOM OF MOVEMENT FOR WORKERS , IS NOT INTENDED TO LIMIT THE COUNCIL ' S POWERS TO THE TWO MEASURES EXPRESSLY MENTIONED THEREIN , NAMELY THE AGGREGATION OF ALL PERIODS TAKEN INTO ACCOUNT UNDER THE LAWS OF THE SEVERAL COUNTRIES AND THE PAYMENT OF BENEFITS TO PERSONS RESIDENT IN THE TERRITORIES OF THE MEMBER STATES .

2.WHERE , IN THE CASE REFERRED TO IN ARTICLE 77 ( 2 ) ( B ) ( I ) OF REGULATION NO 1408/71 , THE AMOUNT OF BENEFITS PAID BY THE STATE OF RESIDENCE IS LOWER THAN THAT OF THE BENEFITS PAID BY ANOTHER MEMBER STATE WHICH IS RESPONSIBLE FOR PAYMENT , THE WORKER RETAINS THE RIGHT TO THE HIGHER AMOUNT OF BENEFITS AND IS ENTITLED TO RECEIVE AN ADDITIONAL BENEFIT , PAID BY THE COMPETENT SOCIAL SECURITY INSTITUTION OF THAT STATE , EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
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1 . INTERNATIONAL AGREEMENTS - SECOND ACP-EEC CONVENTION OF LOME - PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION - PROCEDURE FOR PLACING PUBLIC WORKS CONTRACTS - RESPECTIVE ROLES OF THE ACP STATE AND THE COMMISSION - POWERS OF THE ACP STATE TO CONCLUDE CONTRACTS

( SECOND ACP-EEC CONVENTION OF LOME OF 31 OCTOBER 1979 , ART . 108 ( 2 ) AND ( 5 ) AND ARTS 120 TO 123 )

2.APPLICATION FOR THE ANNULMENT OF MEASURES - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - AWARD OF A PUBLIC WORKS CONTRACT BY AN ACP STATE - APPROVAL BY THE COMMISSION - NOT A MEASURE OF DIRECT CONCERN TO UNDERTAKINGS WHICH SUBMIT TENDERS

( EEC TREATY , ART . 173 , SECOND PARA .)

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 .

2 . THE MEASURE BY WHICH THE COMMISSION ' S REPRESENTATIVE APPROVES THE AWARD OF A PUBLIC WORKS CONTRACT BY THE AUTHORITIES OF AN ACP STATE , IN THE FRAMEWORK OF THE FINANCIAL AND TECHNICAL COOPERATION PROVIDED FOR BY THE SECOND ACP-EEC CONVENTION , IS NOT OF DIRECT CONCERN TO UNDERTAKINGS WHICH SUBMIT TENDERS WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY .
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ECSC - PRODUCTION - STEEL PRODUCTION QUOTA SYSTEM - UNDERTAKINGS REFERRED TO - GROUP OF CONCENTRATED UNDERTAKINGS - CONCEPT - REFERENCE TO ARTICLE 66 OF THE TREATY - WHETHER PERMISSIBLE - ENTITY TO WHICH QUOTAS TO BE ALLOCATED - UNDERTAKING WHICH DIRECTS GROUP ' S PRODUCTION ACTIVITIES

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

Summary

THE COMMISSION HAS NOT EXCEEDED THE POWER OF ASSESSMENT GRANTED TO IT BY ARTICLE 58 OF THE ECSC TREATY BY DECIDING , FOR PRACTICAL REASONS , TO CHOOSE , AS THE PERSON TO WHOM QUOTAS WERE TO BE ALLOCATED , THE UNDERTAKING WHICH DIRECTS THE PRODUCTION ACTIVITIES OF A GROUP OF UNDERTAKINGS , SUCH A METHOD PERMITTING THE UNDERTAKING MOREOVER TO DIVIDE UP THE QUOTAS WITHIN THE GROUP IN A WAY WHICH MOST CLOSELY CORRESPONDS TO THE NEEDS OF EFFICIENT MANAGEMENT OF PRODUCTION . BY THUS CHOOSING TO ALLOCATE QUOTAS UNDER DECISION NO 1696/82 TO THE GROUP OF CONCENTRATED UNDERTAKINGS WITHIN THE MEANING OF ARTICLE 66 OF THE ECSC TREATY , THE COMMISSION WAS IN NO SENSE ACTING IN A WAY WHICH WAS CONTRARY TO THE DEFINITION OF AN UNDERTAKING LAID DOWN IN ARTICLE 80 OF THE ECSC TREATY , AS IT HAS BEEN INTERPRETED , IN PARTICULAR , IN THE COURT ' S CASE-LAW , SINCE NEITHER THE DISTINCT LEGAL PERSONALITY OF THE UNDERTAKINGS IN THE GROUP NOR THEIR CAPACITY TO BRING ACTIONS INDIVIDUALLY IN REGARD TO MATTERS WHICH CONCERN THEM , IS AFFECTED BY SUCH A DECISION .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN COMMUNITY DIRECTIVES .
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1 . OFFICIALS - RECRUITMENT - PROMOTION - APPOINTMENT TO A HIGHER CAREER BRACKET FOLLOWING AN INTERNAL COMPETITION - APPOINTMENT TREATED AS PROMOTION - CLASSIFICATION IN GRADE - APPLICABLE RULES OF THE STAFF REGULATIONS - RULES GOVERNING PROMOTION

( STAFF REGULATIONS OF OFFICIALS , ARTS 27 TO 34 , 45 AND 46 )

2 . OFFICIALS - RECRUITMENT - ESTABLISHMENT AFTER PROBATIONARY PERIOD - PROMOTION - MINIMUM PERIOD OF SERVICE REQUIRED - SENIORITY AFTER THE PROBATIONARY PERIOD

( STAFF REGULATIONS OF OFFICIALS , ART . 45 ( 1 ), SECOND PARAGRAPH )

Summary

1 . WHILE RECRUITMENT MARKS ENTRY INTO A CATEGORY OR A SERVICE OF THE COMMUNITY INSTITUTIONS , PROMOTION GOVERNS THE ADVANCEMENT OF THE CAREER THUS BEGUN WITHIN THE CATEGORY OR SERVICE WHICH THE CANDIDATE HAS ENTERED . THE COMMUNITY INSTITUTIONS ARE THEREFORE RIGHT TO TREAT AN OFFICIAL ' S APPOINTMENT TO A HIGHER CAREER BRACKET FOLLOWING AN INTERNAL COMPETITION AS PROMOTION AND IN THAT REGARD TO APPLY THE RULES OF THE STAFF REGULATIONS ON PROMOTION PROPERLY SO CALLED . THE OFFICIAL ' ' PROMOTED ' ' THROUGH THAT PROCEDURE MAY NOT BE TREATED MORE FAVOURABLY UNDER THE STAFF REGULATIONS THAN AN OFFICIAL WHO HAS COMPLETED THE REQUIRED MINIMUM PERIOD OF SERVICE .

2 . AN OFFICIAL ELIGIBLE FOR PROMOTION WHO HAD TO COMPLETE A PROBATIONARY PERIOD BEFORE BEING ESTABLISHED MUST , EVEN AFTER COMPLETION OF THE PROBATIONARY PERIOD , COMPLETE THE MINIMUM PERIOD OF SERVICE REQUIRED BY THE STAFF REGULATIONS .
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1 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION - CONCEPT

2.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - WINES IMPORTED FROM NON-MEMBER COUNTRIES - CUSTOMS DUTIES EXPRESSED IN UNITS OF ACCOUNT - CONVERSION INTO NATIONAL CURRENCY - DIFFERENT EXCHANGE RATE USED FOR WINES NOT SUBJECT TO A COUNTERVAILING CHARGE ON IMPORTS - DISCRIMINATION - NONE

( EEC TREATY , SECOND SUBPARAGRAPH OF ART . 40 ( 3 ), COUNCIL REGULATIONS NOS 816/70 , ART . 9 AND 1167/76 ; COMMISSION REGULATION NO 1019/70 , ART . 4 )

3.AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AGRICULTURAL PRICES - CRITERIA AND METHODS OF CALCULATION - FIXING OF CUSTOMS DUTIES - LACK OF RELEVANCE

( EEC TREATY , THIRD SUBPARAGRAPH OF ART . 40 ( 3 ))

Summary

1 . DISCRIMINATION CONSISTS SOLELY IN THE APPLICATION OF DIFFERENT RULES TO COMPARABLE SITUATIONS OR IN THE APPLICATION OF THE SAME RULE TO DIFFERENT SITUATIONS .

2.THE FACT THAT , AS REGARDS WINES IMPORTED FROM NON-MEMBER COUNTRIES , CUSTOMS DUTIES EXPRESSED IN UNITS OF ACCOUNT ARE CONVERTED INTO NATIONAL CURRENCY ON THE BASIS OF THE PAR VALUE IN THE CASE OF WINES WHICH ARE NOT SUBJECT TO THE COUNTERVAILING CHARGE PROVIDED FOR IN ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 AND ON THE BASIS OF THE REPRESENTATIVE EXCHANGE RATES IN THE CASE OF WINES WHICH ARE SUBJECT TO THAT CHARGE DOES NOT CONSTITUTE DISCRIMINATION IN BREACH OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY , IN SO FAR AS THE CHOICE OF THE REPRESENTATIVE EXCHANGE RATES IN THE ONE CASE IN INTENDED TO AVOID CERTAIN PROBLEMS IN THE CALCULATION OF THE COUNTERVAILING CHARGE . THOSE PROBLEMS CANNOT , BY DEFINITION , ARISE IN THE OTHER CASE , SO THE TWO SITUATIONS ARE NOT COMPARABLE .

3.SINCE THE FIXING OF CUSTOMS DUTIES LIES OUTSIDE THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS , IT FOLLOWS THAT IT IS NOT SUBJECT TO THE CRITERIA AND METHODS OF CALCULATION USED FOR AGRICULTURAL PRICES .
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SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - TRANSFEREE ' S OBLIGATIONS REGARDING HOLIDAY PAY - EXISTENCE OF A CONTRACT OF EMPLOYMENT ON THE DATE OF THE TRANSFER - TO BE ESTABLISHED ACCORDING TO NATIONAL LAW

( COUNCIL DIRECTIVE NO 77/187 , ARTS 3 ( 1 ) AND 4 ( 1 ))

Summary

COUNCIL DIRECTIVE NO 77/187 DOES NOT REQUIRE THE MEMBER STATES TO ENACT PROVISIONS UNDER WHICH THE TRANSFEREE OF AN UNDERTAKING BECOMES LIABLE IN RESPECT OF OBLIGATIONS CONCERNING HOLIDAY PAY AND COMPENSATION TO EMPLOYEES WHO WERE NOT EMPLOYED IN THE UNDERTAKING ON THE DATE OF THE TRANSFER .

THE EXISTENCE OR OTHERWISE OF A CONTRACT OF EMPLOYMENT OR AN EMPLOYMENT RELATIONSHIP ON THE DATE OF THE TRANSFER , WITHIN THE MEANING OF ARTICLE 3 ( 1 ) OF DIRECTIVE NO 77/187 , MUST BE ESTABLISHED ON THE BASIS OF THE RULES OF NATIONAL LAW , SUBJECT HOWEVER TO OBSERVANCE OF THE MANDATORY PROVISIONS OF THE DIRECTIVE AND , MORE PARTICULARLY , AR- TICLE 4 ( 1 ) THEREOF , CONCERNING THE PROTECTION OF EMPLOYEES AGAINST DISMISSAL BY THE TRANSFEROR OR THE TRANSFEREE BY REASON OF THE TRANSFER .
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1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - REGULATIONS - APPLICATION RATIONE TEMPORIS - PRINCIPLE THAT MEASURES MUST NOT BE RETROACTIVE - EXCEPTIONS - CONDITIONS

2 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - ' SCIENTIFIC INSTRUMENT OR APPARATUS ' - CAPACITY TO CARRY OUT ' SCIENTIFIC ACTIVITIES ' - CONCEPTS

( REGULATION NO 1798/75 OF THE COUNCIL , ART . 3 ( 1 ) AND ART . 3 ( 3 ), AS AMENDED BY REGULATION NO 1027/79 )

Summary

1 . THE PRINCIPLE OF LEGAL CERTAINTY REQUIRES THAT A REGULATION SHOULD NOT BE APPLIED RETROACTIVELY , REGARDLESS OF WHETHER SUCH AN APPLICATION MIGHT PRODUCE FAVOURABLE OR UNFAVOURABLE EFFECTS FOR THE PERSONS CONCERNED , UNLESS A SUFFICIENTLY CLEAR INDICATION CAN BE FOUND , EITHER IN THE TERMS OF THE REGULATION OR IN ITS STATED OBJECTIVES , THAT THE REGULATION WAS NOT MERELY PROVIDING FOR THE FUTURE .

2 . THE TERM ' SCIENTIFIC INSTRUMENTS AND APPARATUS ' IN ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 OF THE COUNCIL ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS MUST BE DEFINED ON THE BASIS OF THE ' OBJECTIVE TECHNICAL CHARACTERISTICS ' OF THE INSTRUMENT OR APPARATUS IN QUESTION , HAVING REGARD BOTH TO ITS CONSTRUCTION AND TO THE RESULTS WHICH IT MAKES IT POSSIBLE TO OBTAIN .

THE TERM ' SCIENTIFIC ACTIVITIES ' IN ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75 , AS AMENDED BY REGULATION NO 1027/79 , REFERS TO RESEARCH CARRIED OUT FOR NON-COMMERCIAL PURPOSES AND DENOTES ACTIVITIES AIMED AT THE ACQUISITION AND DEVELOPMENT OF SCIENTIFIC KNOWLEDGE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - INTERVENTION BY THE MEMBER STATES - INDIRECT TAXATION OF AGRICULTURAL PRODUCTS - PERMISSIBILITY - CONDITIONS

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND - PRINCIPLES - AID GRANTED IN BREACH OF COMMUNITY RULES - FAILURE TO COMPLY WITH REQUIREMENT OF FORMAL EVIDENCE - CHARGE OF EXPENDITURE TO THE FUND - NOT PERMISSIBLE - EQUALITY OF TREATMENT OF TRADERS

( REGULATION NO 729/70 OF THE COUNCIL , ART . 8 , AND COUNCIL REGULATION NO 567/76 , ARTS 2 ( 3 ) AND ( 5 ) AND 6 ( 3 ))

Summary

1 . AT THE PRESENT STAGE OF DEVELOPMENT OF COMMUNITY LAW , CHARACTERIZED BY ONLY PARTIAL HARMONIZATION IN THE AREA OF TAXATION , THE MEMBER STATES HAVE RETAINED EXTENSIVE POWERS IN THAT AREA , IN PARTICULAR THE POWER TO LEVY INDIRECT TAXES ON FOODSTUFFS . THE MEMBER STATES MUST NEVERTHELESS , IN EXERCISING THOSE POWERS , COMPLY WITH THE RELEVANT PROVISIONS OF THE TREATY . IN AGRICULTURAL MATTERS THE MEMBER STATES MUST , IN EXERCISING THEIR OWN FISCAL POWERS , COMPLY IN PARTICULAR WITH THE BASIC RULE THAT THEY MUST REFRAIN FROM ADOPTING ANY MEASURE CAPABLE OF INTERFERING WITH THE FUNCTIONING OF THE MACHINERY ESTABLISHED BY THE COMMON ORGANIZATIONS OF THE MARKET .

2 . WHERE THE COMMUNITY RULES ONLY AUTHORIZE PAYMENT OF AN AID ON CONDITION THAT CERTAIN FORMAL EVIDENCE IS SUPPLIED ON PAYMENT , AN AID PAID WITHOUT COMPLYING WITH THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE EXPENDITURE THEREBY INCURRED CANNOT THEREFORE BE CHARGED TO THE FUND ON THE CLEARANCE OF THE ACCOUNTS FOR THE YEAR IN QUESTION .

REGULATION NO 729/70 OF THE COUNCIL OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY PERMITS THE COMMISSION TO CHARGE TO THE FUND ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUM . A STRICT INTERPRETATION OF THE CONDITIONS UNDER WHICH EXPENDITURE IS TO BE BORNE BY THE FUND IS NECESSARY BECAUSE THE MANAGEMENT OF THE COMMON AGRICULTURAL POLICY IN CONDITIONS OF EQUALITY BETWEEN TRADERS IN THE MEMBER STATES REQUIRES THAT THE NATIONAL AUTHORITIES OF A MEMBER STATE SHOULD NOT , BY THE EXPEDIENT OF A WIDE INTERPRETATION OF A GIVEN PROVISION , FAVOUR OR TREAT UNFAVOURABLY TRADERS OF THAT STATE IN COMPARISON WITH THOSE OF OTHER MEMBER STATES .
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1 . COMPETITION - COMMUNITY RULES - NATIONAL LEGISLATION ON THE PRICE OF BOOKS - COMPATIBILITY - CONDITIONS

( EEC TREATY , ART . 3 ( F ), ART . 5 , SECOND PARA . AND ART . 85 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES EQUIVALENT IN EFFECT - LEGISLATION ON THE PRICE OF BOOKS - PROHIBITION - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

1 . AS COMMUNITY LAW STANDS , THE SECOND PARAGRAPH OF ARTICLE 5 OF THE TREATY , IN CONJUNCTION WITH ARTICLES 3 ( F ) AND 85 , DO NOT PRECLUDE MEMBER STATES FROM ENACTING LEGISLATION WHEREBY THE RETAIL PRICE OF BOOKS MUST BE FIXED BY THE PUBLISHER OR BY THE IMPORTER AND IS BINDING ON ALL RETAILERS , PROVIDED THAT SUCH LEGISLATION IS CONSONANT WITH THE OTHER SPECIFIC PROVISIONS OF THE TREATY , IN PARTICULAR THOSE RELATING TO THE FREE MOVEMENT OF GOODS .

2 . IN THE CONTEXT OF NATIONAL LEGISLATION ON THE PRICE OF BOOKS , THE FOLLOWING CONSTITUTE MEASURES EQUIVALENT IN EFFECT TO QUANTITATIVE RESTRICTIONS ON IMPORTS , CONTRARY TO ARTICLE 30 OF THE TREATY : ( A ) PROVISIONS WHEREBY THE IMPORTER RESPONSIBLE FOR COMPLYING WITH THE STATUTORY REQUIREMENT TO DEPOSIT ONE COPY OF EACH IMPORTED BOOK WITH THE AUTHORITIES , THAT IS TO SAY THE PRINCIPAL DISTRIBUTOR , IS RESPONSIBLE FOR FIXING THE RETAIL PRICE , AND ( B ) PROVISIONS REQUIRING THE RETAIL PRICE FIXED BY THE PUBLISHER TO BE APPLIED TO BOOKS PUBLISHED IN THE MEMBER STATE CONCERNED AND RE-IMPORTED FOLLOWING EXPORTATION TO ANOTHER MEMBER STATE , UNLESS IT IS ESTABLISHED THAT THOSE BOOKS WERE EXPORTED FOR THE SOLE PURPOSE OF RE-IMPORTATION IN ORDER TO CIRCUMVENT THE LEGISLATION IN QUESTION .
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1 . OFFICIALS - STAFF REGULATIONS - AMENDMENT - BREACH OF A PRINCIPLE LAID DOWN THEREIN - WHETHER PERMISSIBLE

( STAFF REGULATIONS , ART . 65 ( 1 ), SUBPARA . 2 ; COUNCIL REGULATION NO 3821/81 )

2 . MEASURES ADOPTED BY INSTITUTIONS - STATEMENT OF REASONS - DUTY - SCOPE - MEASURES OF GENERAL APPLICATION

( EEC TREATY , ART . 190 )

3 . OFFICIALS - REMUNERATION - TAXATION - INTRODUCTION OF A NEW TAX - EXCEPTIONAL CRISIS LEVY - RECOURSE TO PROCEDURE FOR AMENDING THE STAFF REGULATIONS - WHETHER PERMISSIBLE

( MERGER TREATY , ART . 24 ( 2 ); PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , ART . 13 )

Summary

1 . THE LEGALITY OF AN AMENDMENT TO THE STAFF REGULATIONS OF THE KIND MADE BY COUNCIL REGULATION NO 3821/81 , WHICH INTRODUCED AN EXCEPTIONAL CRISIS LEVY , CANNOT BE CHALLENGED ON THE BASIS OF ANOTHER PROVISION OF THE STAFF REGULATIONS , NAMELY THE SECOND SUBPARAGRAPH OF ARTICLE 65 ( 1 ), WHICH LAYS DOWN THE PRINCIPLE OF ' PARALLELISM ' FOR THE ADJUSTMENT OF REMUNERATION .

2 . THE SCOPE OF THE DUTY TO PROVIDE A STATEMENT OF REASONS , LAID DOWN IN ARTICLE 190 OF THE EEC TREATY , DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION . IN THE CASE OF A REGULATION OR A MEASURE OF GENERAL APPLICATION , THE STATEMENT OF REASONS MAY BE CONFINED TO INDICATING , ON THE ONE HAND , THE GENERAL SITUATION WHICH LED TO ITS ADOPTION AND , ON THE OTHER , THE GENERAL OBJECTIVE WHICH IT IS INTENDED TO ACHIEVE .

3 . THERE IS NO BASIS FOR THE VIEW THAT , FOR THE PURPOSE OF INTRODUCING A NEW TAX SUCH AS THE EXCEPTIONAL CRISIS LEVY , RECOURSE TO THE PROCEDURE PROVIDED FOR IN ARTICLE 24 ( 2 ) OF THE MERGER TREATY FOR LAYING DOWN AND AMENDING THE STAFF REGULATIONS INSTEAD OF THE PROCEDURE PRESCRIBED BY ARTICLE 13 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , WHICH PROVIDES THAT THE REMUNERATION OF OFFICIALS IS TO BE SUBJECT TO A TAX FOR THE BENEFIT OF THE COMMUNITIES , CONSTITUTES A MISUSE OF PROCEDURE , IN SO FAR AS THE FORMER PROCEDURE , WHICH PROVIDES FOR CONSULTATION OF THE INSTITUTIONS CONCERNED , IN PARTICULAR THE EUROPEAN PARLIAMENT , OFFERS MORE GUARANTEES TO OFFICIALS THAN THE LATTER .
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OFFICIALS - REMUNERATION - ANNUAL ADJUSTMENT - SALARY ARREARS - ENTITLEMENT TO DEFAULT INTEREST - NONE UNLESS THE SUM OWED IS CERTAIN OR ASCERTAINABLE

( STAFF REGULATIONS OF OFFICIALS , ART . 65 )

Summary

AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY ON CONDITION THAT THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . SINCE THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION , NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . CONSEQUENTLY , AS THAT CONDITION IS NOT FULFILLED , THERE IS NO OBLIGATION TO PAY DEFAULT INTEREST ON SALARY ARREARS PROVIDED THAT THERE IS NO UNJUSTIFIED DELAY IN THE PAYMENT OF SUCH ARREARS AFTER THE ADOPTION OF THE SAID REGULATION .

WHETHER AN OBLIGATION TO PAY DEFAULT INTEREST SHOULD BE RECOGNIZED WHERE THERE IS AN UNJUSTIFIED DELAY IN ACTUALLY DETERMINING THE AMOUNT OF THE REMUNERATION OWED IS ANOTHER MATTER .
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1 . EUROPEAN COMMUNITIES - INSTITUTIONS - OBLIGATIONS - DUTY OF CONFIDENTIALITY - SCOPE - INFORMATION SUPPLIED BY A PRIVATE INDIVIDUAL - DUTY TO PROTECT THE INFORMANT ' S ANONYMITY - CONDITIONS

( EEC TREATY , ART . 214 )

2 . ACTION FOR DAMAGES - EXPIRY OF THE LIMITATION PERIOD - ITS VALIDITY AS A DEFENCE - LIMITS

( EEC TREATY , ARTS . 178 AND 215 , SECOND PARA .; PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 43 )

Summary

1 . ARTICLE 214 OF THE EEC TREATY REQUIRES MEMBERS AND SERVANTS OF THE INSTITUTIONS OF THE COMMUNITY ' NOT TO DISCLOSE INFORMATION OF THE KIND COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY , IN PARTICULAR INFORMATION ABOUT UNDERTAKINGS , THEIR BUSINESS RELATIONS OR THEIR COST COMPONENTS . ' ALTHOUGH THAT PROVISION PRIMARILY REFERS TO INFORMATION GATHERED FROM UNDERTAKINGS , THE EXPRESSION ' IN PARTICULAR ' SHOWS THAT THE PRINCIPLE IN QUESTION IS A GENERAL ONE WHICH APPLIES ALSO TO INFORMATION SUPPLIED BY NATURAL PERSONS , IF THAT INFORMATION IS ' OF THE KIND ' THAT IS CONFIDENTIAL . THAT IS PARTICULARLY SO IN THE CASE OF INFORMATION SUPPLIED ON A PURELY VOLUNTARY BASIS BUT ACCOMPANIED BY A REQUEST FOR CONFIDENTIALITY IN ORDER TO PROTECT THE INFORMANT ' S ANONYMITY . AN INSTITUTION WHICH ACCEPTS SUCH INFORMATION IS BOUND TO COMPLY WITH SUCH A CONDITION .

2 . ARTICLE 43 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ACCORDING TO WHICH ' PROCEEDINGS AGAINST THE COMMUNITY IN MATTERS ARISING FROM NON-CONTRACTUAL LIABILITY SHALL BE BARRED AFTER A PERIOD OF FIVE YEARS FROM THE OCCURRENCE OF THE EVENT GIVING RISE THERETO ' , MUST BE INTERPRETED AS MEANING THAT THE EXPIRY OF THE LIMITATION PERIOD CANNOT CONSTITUTE A VALID DEFENCE TO A CLAIM BY A PERSON WHO HAS SUFFERED DAMAGE WHERE THAT PERSON ONLY BELATEDLY BECAME AWARE OF THE EVENT GIVING RISE TO IT AND THUS COULD NOT HAVE HAD A REASONABLE TIME IN WHICH TO SUBMIT HIS APPLICATION TO THE COURT OR TO THE RELEVANT INSTITUTION BEFORE THE EXPIRY OF THE LIMITATION PERIOD .
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PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( ECSC TREATY , ART . 41 )

Summary

ALTHOUGH ARTICLE 41 OF THE EEC TREATY , WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN THE NATIONAL COURTS AND THE COURT OF JUSTICE , DOES NOT PERMIT THE COURT EITHER TO ASSESS THE FACTS OF THE CASE OR TO REVIEW THE GROUNDS ON WHICH THE QUESTION SUBMITTED FOR A PRELIMINARY RULING IS BASED , IT IS NONE THE LESS FOR THE COURT TO SET THE MEASURE WHOSE VALIDITY IS CONTESTED IN CONTEXT IN COMMUNITY LAW AND TO EXAMINE THE CRITERIA FOR INTERPRETATION ESTABLISHED BY COMMUNITY LAW IN ORDER TO BE ABLE TO GIVE THE NATIONAL COURT AN APPROPRIATE ANSWER FOR THE PURPOSE OF RESOLVING THE MAIN DISPUTE .

WHERE THAT EXAMINATION REVEALS THAT THE PROVISION OF COMMUNITY LAW ON WHICH THE COURT HAS BEEN REQUESTED TO GIVE A RULING IS NOT RELEVANT TO THE SOLUTION OF THE MAIN DISPUTE , THE COURT WILL DECLARE THAT IT IS UNNECESSARY FOR IT TO GIVE A DECISION ON THE POINT AT ISSUE .
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ACTION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION ON THE TARIFF CLASSIFICATION OF GOODS

( EEC TREATY , ART . 173 , SECOND PARA .; COMMISSION REGULATION NO 3529/83 )

Summary

A REGULATION ON THE CLASSIFICATION OF PARTICULAR GOODS UNDER A HEADING OF THE COMMON CUSTOMS TARIFF IS A LEGISLATIVE MEASURE , THE PROVISIONS OF WHICH ARE OF GENERAL APPLICATION SINCE THEY CONCERN ALL PRODUCTS OF THE TYPE DESCRIBED , REGARDLESS OF THEIR INDIVIDUAL CHARACTERISTICS AND ORIGIN , AND TAKE EFFECT , IN THE INTERESTS OF THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF , IN RELATION TO ALL CUSTOMS AUTHORITIES IN THE COMMUNITY AND ALL IMPORTERS . CONSEQUENTLY , SUCH A REGULATION CANNOT BE OF DIRECT AND INDIVIDUAL CONCERN TO A PARTICULAR TRADER , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY , EVEN IF THAT TRADER DEALS IN THE GOODS CLASSIFIED BY THE REGULATION .
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TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - SUPPLY OF GOODS - PRODUCTION OF GOODS FROM CUSTOMERS ' MATERIALS - CONCEPT - REPAIRS - EXCLUDED

( COUNCIL DIRECTIVES 67/228 , ART . 5 ( 2 ) ( D ), AND 77/338 , ART . 5 ( 5 ) ( A ))

Summary

THE PRODUCTION OF GOODS FROM CUSTOMERS ' MATERIALS AS REFERRED TO IN ARTICLE 5 ( 2 ) ( D ) OF THE SECOND DIRECTIVE AND ARTICLE 5 ( 5 ) ( A ) OF THE SIXTH DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES ONLY TAKES PLACE WHERE A CONTRACTOR PRODUCES A NEW ARTICLE FROM THE MATERIALS ENTRUSTED TO HIM BY HIS CUSTOMER . A NEW ARTICLE IS PRODUCED WHEN THE WORK OF THE CONTRACTOR RESULTS IN AN ARTICLE WHOSE FUNCTION , ACCORDING TO GENERALLY ACCEPTED VIEWS , IS DIFFERENT FROM THAT OF THE MATERIALS PROVIDED .

IT FOLLOWS THAT REPAIRS , HOWEVER RADICAL THEY MAY BE , WHICH SIMPLY RESTORE TO THE ARTICLE ENTRUSTED TO THE CONTRACTOR THE FUNCTION WHICH IT PREVIOUSLY HAD WITHOUT RESULTING IN THE CREATION OF A NEW ARTICLE DO NOT AMOUNT TO THE PRODUCTION OF GOODS FROM CUSTOMERS ' MATERIALS .