ddrg/super_eurlex huggingface dataset:
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1 . PROCEDURE - EXTENSION OF TIME-LIMITS ON ACCOUNT OF DISTANCE - APPLICANT'S PLACE OF RESIDENCE TO BE TAKEN INTO ACCOUNT

( RULES OF PROCEDURE, ANNEX II, ARTICLE I )

2 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - APPEAL THROUGH OFFICIAL CHANNELS MADE WITHIN THE TIME-LIMIT FOR APPEAL TO THE COURT - TIME-LIMIT FOR APPEAL TO THE COURT PRESERVED

( STAFF REGULATIONS OF OFFICIALS OF THE EAEC, ARTICLES 90, 91 )

Summary

1 . CF . PARA . 1, SUMMARY, CASE 28/65 ( 1966 ) ECR 477 .

THE EXTENSION OF TIME-LIMITS ON ACCOUNT OF DISTANCE IS DEPENDENT SOLELY ON THE FACTS, THAT IS TO SAY, ON WHERE THE APPLICANT IS HABITUALLY RESIDENT . THE PLACE OF RESIDENCE OF THE APPLICANT'S LAWYER CANNOT BE TAKEN INTO CONSIDERATION .

*/ 665J0028 /*.

2 . CF . PARA . 1, SUMMARY, IN JOINED CASES 27 AND 30/64 ( 1965 ) ECR 481 .

IT APPEARS FROM ARTICLES 90 AND 91 OF THE STAFF REGULATIONS, READ TOGETHER, THAT APPEALS THROUGH OFFICIAL CHANNELS ARE SUBJECT TO THE SAME TIME-LIMIT AS APPLIES TO APPEALS TO THE COURT OF JUSTICE, PROVIDED THAT THEY WERE THEMSELVES INSTITUTED WITHIN THE TIME LAID DOWN FOR APPEALS TO THE COURT . IN THE CASE OF A REJECTION OF AN APPEAL THROUGH OFFICIAL CHANNELS, THE DATE ON WHICH THE APPLICANT BECOMES AWARE OF THIS REJECTION CONSTITUTES THE TERMINATION OF THE ADMINISTRATIVE PROCEDURE AND MARKS THE DATE FROM WHICH TIME BEGINS TO RUN IN RESPECT OF THE TIME LIMIT FOR LODGING AN APPEAL TO THE COURT .

*/ 664J0027 /*.
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1 . OFFICIALS - DISCIPLINARY MEASURES - STATEMENT OF REASONS FOR - CANNOT BE SUPPLEMENTED BY ORAL COMMUNICATION OF THE GROUNDS OF COMPLAINT ALLEGED AGAINST THE OFFICIAL CONCERNED - INADEQUACY OF STATEMENT OF REASONS NOT JUSTIFIED BY CONCERN TO PROTECT THE REPUTATION OF THE OFFICIAL CONCERNED

( EAEC STAFF REGULATIONS, ARTICLES 25, 86 AND 88 )

2 . OFFICIALS - TRANSFER - DISCRETIONARY POWERS OF THE ADMINISTRATION - TRANSFER OTHERWISE THAN IN THE INTERESTS OF THE SERVICE MAY CONSTITUTE MISUSE OF POWERS

( EAEC STAFF REGULATIONS, ARTICLES 25 AND 29 )

3 . MISUSE OF POWERS - PROOF

Summary

1 . FOR DISCIPLINARY MEASURES THE GROUNDS OF COMPLAINT BASED ON THE CONDUCT OF THE OFFICIAL CONCERNED MUST BE INDICATED, AT LEAST IN BRIEF, TO ENABLE THE COURT TO EXERCISE ITS POWER OF REVIEW, IN PARTICULAR WITH REGARD TO THE SERIOUSNESS OF THE OFFENCE .

ORAL COMMUNICATION TO THE OFFICIAL CONCERNED OF THE COMPLAINTS ALLEGED AGAINST HIM CANNOT BE DEEMED TO SUPPLEMENT THE STATEMENT OF REASONS FOR A DISCIPLINARY MEASURE SINCE THE COURT CANNOT TAKE IT INTO ACCOUNT IN ASSESSING THE CONSIDERATIONS BY WHICH THE ADMINISTRATION WAS GUIDED IN ITS ACTIONS .

ANY CONCERN ON THE PART OF THE ADMINISTRATION TO SAFEGUARD THE REPUTATION OF AN OFFICIAL WHO HAS BEEN SUBJECTED TO A DISCIPLINARY MEASURE CANNOT BE INVOKED TO JUSTIFY THE INADEQUACY OF THE STATEMENT OF REASONS THEREOF, SINCE THE MEASURE MUST REMAIN CONFIDENTIAL .

2 . TRANSFER OF AN OFFICIAL IN THE INTERESTS OF THE SERVICE CANNOT CONSTITUTE AN ACT ADVERSELY AFFECTING HIM AND FALLS WITHIN THE DISCRETIONARY POWERS OF THE ADMINISTRATION, WHICH MAY ARRANGE ITS DEPARTMENTS AND MOVE ITS STAFF AS REQUIRED FOR THE PERFORMANCE OF THE TASKS ASSIGNED TO IT . HOWEVER, A TRANSFER MAY AMOUNT TO A MISUSE OF POWERS IF IT APPEARS, ON THE BASIS OF OBJECTIVE, RELEVANT AND CONSISTENT FACTS, TO HAVE BEEN UNDERTAKEN FOR PURPOSES OTHER THAN THOSE STATED .

3 . MISUSE OF POWERS MUST BE PROVED ON THE BASIS OF OBJECTIVE, RELEVANT AND CONSISTENT SOURCES OF INFORMATION .
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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - BENEFITS - PROPORTIONAL CALCULATION AS A COROLLARY OF AGGREGATION

( EEC TREATY, ARTICLE 51 )

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - SYSTEM PROVIDED FOR BY REGULATION NO 3 - RETENTION OF SEPARATE NATIONAL SYSTEMS AND OF SEPARATE CLAIMS

4 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - PENSION RIGHTS RELATING TO SEPARATE PERIODS - ABSENCE OF IMPROPER ACCUMULATION

( EEC TREATY, ARTICLE 51; REGULATION NO 3, ARTICLES 27 AND 28 )

Summary

1 . CF . PARAGRAPH 1, SUMMARY, CASE 100/63, ( 1964 ) ECR 565 .

UNDER THE TERMS OF ARTICLE 177 THE COURT, WHEN GIVING A PRELIMINARY RULING, ONLY HAS JURISDICTION TO GIVE A RULING ON THE INTERPRETATION OF THE TREATY AND OF MEASURES OF THE INSTITUTIONS OF THE COMMUNITY, BUT CAN NEITHER APPLY SUCH PROVISIONS TO A PARTICULAR CASE NOR, BY VIRTUE OF THIS ARTICLE, RULE ON THE REGULARITY OF A MEASURE OF A NATIONAL NATURE .

*/ 663J0100 /*.

2 . CF . PARAGRAPH 1, SUMMARY, CASE 1/67 . ( 1967 ) ECR 181 .

WHEN IN ONE MEMBER STATE THE RIGHT TO BENEFIT ARISES WITHOUT ITS BEING NECESSARY TO REFER TO PERIODS COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES, THE COMPETENT INSTITUTION OF THE FIRST STATE IS NOT EMPOWERED TO APPLY ARTICLES 27 AND 28 OF REGULATION N . 3 IN ORDER TO REDUCE THE BENEFIT WHICH IT IS OBLIGED TO PAY BY VIRTUE OF ITS OWN LEGISLATION, AT LEAST IN SO FAR AS THAT BENEFIT DOES NOT RELATE TO PERIODS WHICH HAVE ALREADY BEEN TAKEN INTO ACCOUNT IN THE CALCULATION OF THE AMOUNT OF THE BENEFIT PAID BY THE COMPETENT INSTITUTION OF ANOTHER STATE .

*/ 667J0001 /*.

3 . REGULATION NO 3 DID NOT PROVIDE FOR A COMMON SYSTEM OF SOCIAL SECURITY GIVING THE BENEFICIARY A SINGLE ENTITLEMENT BASED ON A SIMPLE APPORTIONMENT OF SUCH BENEFITS BETWEEN NATIONAL INSTITUTIONS, BUT ALLOWED SEPARATE SYSTEMS TO CONTINUE, CREATING SEPARATE INSTITUTIONS AGAINST WHICH THE BENEFICIARY HAS DIRECT RIGHTS EITHER UNDER NATIONAL LAW ALONE OR NATIONAL LAW SUPPLEMENTED, IF NECESSARY, BY COMMUNITY LAW .

CF . PARAGRAPH 3, SUMMARY, CASE 1/67 .

4 . CF . PARAGRAPH 2, SUMMARY, CASE 1/67 . ( 1967 ) ECR 181 .

THE ACCUMULATION OF A BENEFIT PAYABLE IN ONE STATE UNDER NATIONAL LEGISLATION ALONE WITH A BENEFIT PAYABLE IN ANOTHER STATE OWING TO THE EFFECT OF AGGREGATION DOES NOT CONSTITUTE AN ADVANTAGE CONTRARY TO COMMUNITY RULES AS LONG AS THE PERIODS IN RESPECT OF WHICH THESE PAYMENTS ARE DUE DO NOT OVERLAP .

*/ 667J0001 /*.
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1 . MEASURES ADOPED BY AN INSTITUTION - PROCEEDINGS INSTITUTED BY INDIVIDUALS - REGULATION - POSSIBILITY OF MEASURES OF INDIVIDUAL CONCERN CONTAINED IN A REGULATION ( EEC TREATY, ARTICLE 173, SECOND PARAGRAPH, ARTICLE 189, SECOND PARAGRAPH )

2 . MEASURES ADOPED BY AN INSTITUTION - PROCEEDINGS INSTITUTED BY INDIVIDUALS - PROVISIONS OF REGIONAL SIGNIFICANCE, NOT OF INDIVIDUAL CONCERN TO INDIVIDUALS

Summary

1 . A MEASURE WHICH, TAKEN AS A WHOLE, HAS THE CHARACTERISTICS OF A REGULATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY MAY NEVERTHELESS CONTAIN PROVISIONS ADDRESSED TO SPECIFIC PERSONS IN SUCH A WAY AS TO DISTINGUISH THEM INDIVIDUALLY IN THE SENSE OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY .

CF . PARAGRAPH 5, SUMMARY, JOINED CASES 16 AND 17/62, ( 1962 ) ECR 471 .

2 . PROVISIONS THE AMBIT OF WHICH IS LIMITED TO GIVEN GEOGRAPHICAL AREAS ARE NOT OF CONCERN TO INDIVIDUALS WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY IF, WITHIN EACH AREA, THEY AFFECT THE INTERESTS OF CATEGORIES OF USERS AND TRADERS, CONSIDERED IN THE ABSTRACT, WHO ARE DISTINGUISHED SOLELY BY THEIR PARTICIPATION ON THE MARKET IN THE RELEVANT PRODUCTS .

CF . SUMMARY, JOINED CASES 16 AND 17/62, ( 1962 ) ECR 471 .
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1 . FREE MOVEMENT OF PERSONS - WORKERS - SOCIAL SECURITY - PERIODS ASSIMILATED TO INSURANCE PERIODS - REFERENCE TO NATIONAL LAW

( REGULATION NO 3, ARTICLE 1(R ))

2 . FREE MOVEMENT OF PERSONS - WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - APPLICATION OF GERMAN LEGISLATION - TAKING INTO ACCOUNT OF ' SUBSTITUTE PERIODS ' WITHIN THE MEANING OF THAT LEGISLATION - GERMAN INSTITUTIONS NOT OBLIGED TO TAKE INTO ACCOUNT A PERIOD COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ( REGULATION NO 3, ARTICLE 28, ANNEX G )

Summary

1 . IN SO FAR AS IT TAKES ' ASSIMILATED PERIODS ' INTO ACCOUNT, REGULATION NO 3 INTENDS NEITHER TO MODIFY NOR SUPPLEMENT NATIONAL LAW, PROVIDED THAT THE LATTER OBSERVES THE PROVISIONS OF ARTICLE 48 TO 51 OF THE EEC TREATY . IN PARTICULAR, REGULATION NO 3 REFERS TO THE CONDITIONS UNDER WHICH NATIONAL LAW WILL REGARD A GIVEN PERIOD AS BEING EQUIVALENT TO INSURANCE PERIODS PROPERLY SO-CALLED .

2 . ARTICLE 28 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS, TOGETHER WITH ANNEX G THERETO, DOES NOT REQUIRE THE INSTITUTIONS OF THE FEDERAL REPUBLIC OF GERMANY TO TAKE INTO ACCOUNT A PERIOD COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE IN DETERMINING WHETHER ' SUBSTITUTE PERIODS ' WITHIN THE MEANING OF GERMAN LEGISLATION MUST BE TAKEN INTO ACCOUNT .
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1 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - CUMULATIVE MULTI-STAGE TAX - AVERAGE RATES FOR IMPORTED PRODUCTS OR GROUPS OF IMPORTED PRODUCTS WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 97 - NO INDIVIDUAL RIGHTS

2 . POLICY OF THE EEC - COMMON RULES - TAX PROVISIONS - INTERNAL TAXATION IMPOSED BY ONE MEMBER STATE ON PRODUCTS FROM OTHER MEMBER STATES - CONCEPT

( EEC TREATY, ARTICLE 95 )

Summary

1 . CF . PARAGRAPH 4, SUMMARY, CASE 28/67 . ( 1968 ) ECR 143 .

THE FIRST PARAGRAPH OF ARTICLE 97, WHICH APPLIES WHERE MEMBER STATES OPERATING A TURNOVER TAX ACCORDING TO A CUMULATIVE MULTI-STAGE TAX SYSTEM HAVE ACTUALLY EXERCISED THE RIGHT THEREIN GRANTED TO THEM, DOES NOT, IN THE PRESENT STATE OF COMMUNITY LAW, CREATE INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT . IT IS THEREFORE NOT FOR NATIONAL COURTS TO APPRAISE WHETHER AVERAGE RATES ESTABLISHED BY MEMBER STATES CONFORM TO THE PRINCIPLES OF ARTICLE 95 .

*/ 667J0028 /*.

2 . CF . PARAGRAPH 3, SUMMARY, CASE 28/67 . ( 1968 ) ECR 143 .

THE TERMS 'DIRECTLY OR INDIRECTLY' APPEARING IN THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY MUST BE WIDELY INTERPRETED . BY INTERNAL TAXATION IMPOSED DIRECTLY OR INDIRECTLY ON SIMILAR DOMESTIC PRODUCTS, THIS PROVISION REFERS TO ALL TAXATION WHICH IS ACTUALLY AND SPECIFICALLY IMPOSED ON THE DOMESTIC PRODUCT AT ALL EARLIER STAGES OF ITS MANUFACTURE AND MARKETING OR WHICH CORRESPOND TO THE STAGE AT WHICH THE PRODUCT IS IMPORTED FROM OTHER MEMBER STATES .

*/ 667J0028 /*.
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1 . PROCEDURE - REFERENCES FOR PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS - TASK OF NATIONAL COURTS OR TRIBUNALS

( EEC TREATY, ARTICLE 177 )

2 . PROCEDURE - REFERENCES FOR PRELIMINARY RULING - REFERENCE TO THE COURT BY A NATIONAL COURT OR TRIBUNAL - CONDITIONS

( EEC TREATY, ARTICLE 177 )

3 . PROCEDURE - REFERENCES FOR PRELIMINARY RULING - PARTICIPATION IN PROCEEDINGS - LIMITS

( STATUTE OF COURT OF JUSTICE OF THE EEC, ARTICLE 20 )

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - WAGE - EARNERS - ASSIMILATED WORKERS - CONCEPT - CRAFTSMEN - INSURANCE PERIODS - CONCEPT

( REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS )

5 . SOCIAL SECURITY FOR MIGRANT WORKERS - REGULATION NO 4 - ANNEXES 7 AND 9 - DECLARATORY NATURE

Summary

1 . IT IS NOT FOR THE COURT, WITHIN THE FRAMEWORK OF A REFERENCE FOR A PRELIMINARY RULING, TO ASSESS, HAVING REGARD TO THE PROVISIONS OF COMMUNITY LAW, THE CHARACTERISTICS OF THE LEGISLATION OF ONE OF THE MEMBER STATES OF THE COMMUNITY, AS THAT IS RESERVED TO THE COURT MAKING THE REFERENCE, WHOSE DUTY IT IS TO ENSURE THE APPLICATION OF COMMUNITY LAW TO DISPUTES OF WHICH IT IS SEISED .

2 . IT IS NOT FOR THE COURT TO SET ITSELF UP AS JUDGE OF THE JURISDICTION OF NATIONAL COURTS OR TRIBUNALS OR OF THE ADMISSIBILITY OF ACTIONS BROUGHT BEFORE THEM .

THE COURT OF JUSTICE IS VALIDLY SEISED AND OBLIGED TO GIVE JUDGMENT WHEN A NATIONAL COURT OR TRIBUNAL ASKS IT TO GIVE A PRELIMINARY RULING ON ONE OF THE QUESTIONS INDICATED BY ARTICLE 177 OF THE TREATY IF THAT COURT OR TRIBUNAL TAKES THE VIEW THAT A DECISION ON THAT POINT IS NECESSARY TO ENABLE IT TO GIVE JUDGMENT .

3 . THE COURT CANNOT AGREE TO THE PARTICIPATION, IN THE PROCEDURE IN REFERENCES FOR A PRELIMINARY RULING, OF PERSONS OR INSTITUTIONS OTHER THAN THOSE REFERRED TO IN ARTICLE 20 OF ITS STATUTE .

4 . WHEN, AS A RESULT OF THE EFFECT OF NATIONAL LEGISLATION, THE PROVISIONS OF A SOCIAL SECURITY SCHEME ORGANIZED FOR THE BENEFIT OF THE GENERALITY OF WORKERS ARE EXTENDED TO A CATEGORY OF PERSONS OTHER THAN THE WAGE-EARNERS REFERRED TO BY REGULATION NO 3, SUCH AS CRAFTSMEN, SUCH PERSONS MUST BE CONSIDERED AS ASSIMILATED TO WAGE-EARNERS FOR THE PURPOSE OF THE APPLICATION OF THE REGULATION TO THE EXTENT TO WHICH THEY ARE PROTECTED AGAINST ONE OR MORE IDENTICAL RISKS, WHATEVER MAY BE THE FORMS OR METHODS OF APPLICATION EMPLOYED BY THE NATIONAL LEGISLATURE .

CONTRIBUTION PERIODS COMPLETED IN SUCH CONDITIONS ARE CONTRIBUTION PERIODS WITHIN THE MEANING OF REGULATION NO 3 .

5 . ANNEXES 7 AND 9 OF REGULATION NO 4 HAVE ONLY A DECLARATORY CHARACTER AND THE MENTION OR OMISSION OF A SCHEME OF SOCIAL SECURITY IN THOSE ANNEXES THEREFORE CANNOT MODIFY A LEGAL SITUATION SUCH AS THAT WHICH FOLLOWS FROM THE PROVISIONS OF REGULATION NO 3 IN CONJUNCTION WITH THE NATIONAL LEGISLATIVE SYSTEMS REFERRED TO BY THAT REGULATION .
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1 . OFFICIALS - RECRUITMENT - COMPETITION - SUBSEQUENT ACTION OF ADMINISTRATION - PROCEEDINGS INSTITUTED BY CANDIDATES - ADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 29 )

2 . OFFICIALS - RECRUITMENT - NO OBLIGATION ON THE PART OF THE ADMINISTRATION TO FILL POST WHICH HAS BECOME VACANT

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLES 4, 29, 30 )

3 . OFFICIALS - EXPERTS AND OFFICIALS - DISTINCTION

4 . OFFICIALS - RECRUITMENT - COMPETITION - CANDIDATES ENTERED ON LIST OF SUITABLE CANDIDATES - RIGHT OF CANDIDATES TO BE APPOINTED - NO UNCONDITIONAL RIGHT

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 30 )

Summary

1 . THE FACT THAT A CANDIDATE HAS TAKEN PART IN A COMPETITION WITH THE RESULT THAT HE HAS BEEN ENTERED ON A LIST OF SUITABLE CANDIDATES IS EVIDENCE OF AN INTEREST WHICH HE HAS IN THE OUTCOME OF THAT COMPETITION AS DETERMINED BY THE APPOINTING AUTHORITY .

2 . IT DOES NOT FOLLOW FROM THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 4 OR FROM ARTICLES 29 AND 30 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC THAT ONCE A RECRUITMENT PROCEDURE HAS BEEN INITIATED THE APPOINTING AUTHORITY IS OBLIGED TO PURSUE IT BY FILLING THE POST WHICH HAS BECOME VACANT .

3 . IT DOES NOT NECESSARILY FOLLOW FROM THE CONCEPT OF AN EXPERT THAT SUCH A PERSON CANNOT, SHOULD THE NEED ARISE, BE CONSULTED REGULARLY AND CARRY OUT WITHOUT INTERRUPTION THE ACTIVITIES ASSIGNED TO HIM . THE DISTINCTION BETWEEN AN EXPERT AND AN OFFICIAL MUST BE SOUGHT ABOVE ALL IN THE NATURE OF THE LEGAL RELATIONSHIP WHICH BINDS EACH OF THEM TO THE INSTITUTION TO WHICH THEY ARE ASSIGNED .

4 . THE CANDIDATES ENTERED ON A LIST OF SUITABLE CANDIDATES HAVE NO UNCONDITIONAL RIGHT TO BE APPOINTED TO THE VACANT POST EVEN IF THEY ARE PLACED FIRST .
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1 . OBJECTIVES OF THE EEC - ACTION NECESSARY TO ATTAIN SUCH AN OBJECTIVE - NECESSARY POWERS - POWERS NOT PROVIDED BY THE TREATY - MEASURES TAKEN BY THE COUNCIL - IN THE NATURE OF A COMMUNITY MEASURE AND NOT OF AN INTERNATIONAL AGREEMENT

( EEC TREATY, ARTICLE 235 )

2 . COMMUNITY MEASURES - DECISION - SCOPE AND EFFECT - CRITERIA - RESERVATIONS AND STATEMENTS MADE DURING PRELIMINARY DISCUSSIONS - INEFFECTIVENESS - MINUTES OF COUNCIL MEETINGS - DISPUTE

( EEC TREATY, ARTICLES 235 AND 189 )

3 . FREE MOVEMENT OF GOODS - ACCELERATION DECISION - COMMON CUSTOMS TARIFF - DIRECTLY APPLICABLE PROVISIONS

( EEC TREATY, ARTICLES 9, 14 AND 235, REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 )

Summary

1 . ALTHOUGH THE EFFECT OF THE MEASURES TAKEN BY THE COUNCIL BY VIRTUE OF ARTICLE 235 OF THE EEC TREATY IS IN SOME RESPECTS TO SUPPLEMENT THE TREATY, THEY ARE ADOPTED WITHIN THE CONTEXT OF THE OBJECTIVES OF THE COMMUNITY AND ARE THUS IN THE NATURE OF COMMUNITY MEASURES RATHER THAN INTERNATIONAL AGREEMENTS .

2 . THE SCOPE AND EFFECT OF A DECISION OF THE COUNCIL MUST BE ASSESSED IN THE LIGHT OF ITS TERMS AND THEREFORE CANNOT BE RESTRICTED BY RESERVATIONS OR STATEMENTS WHICH MIGHT HAVE BEEN MADE IN THE COURSE OF PREPARATORY DISCUSSIONS . IT IS THUS UNNECESSARY TO COME TO A DECISION ON A DISAGREEMENT WHICH HAS ARISEN BETWEEN PARTIES CONCERNING THE DEFINITIVE NATURE AND ACTUAL WORDING OF THE MINUTES OF THE COUNCIL MEETING DURING WHICH THAT DECISION WAS DRAWN UP .

3 . THE ACCELERATION DECISION OF THE COUNCIL OF 26 JULY 1966 CONDITIONED THE IMPLEMENTATION OF THE DIRECTLY APPLICABLE MEASURES FLOWING FROM ARTICLE 9 ( 1 ) OF THE TREATY AND PREPARED FOR THE ENTRY INTO FORCE OF THE DIRECTLY APPLICABLE PROVISIONS UNDER THE REGULATION OF 28 JUNE 1968 CONCERNING THE COMMON CUSTOMS TARIFF .
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1 . INTERNAL TAXATION - NON-DISCRIMINATION - POTABLE SPIRITS

( EEC TREATY, ARTICLE 95 )

2 . AGRICULTURE - POTABLE SPIRITS - NOT AN AGRICULTURAL PRODUCT

( REGULATION NO 7 )

3 . AGRICULTURE - ESTABLISHMENT OF THE COMMON MARKET - EXCEPTIONS - STRICT INTERPRETATION

Summary

1 . THE TAXATION OF POTABLE SPIRITS IMPORTED FROM ONE MEMBER STATE ON THE BASIS OF A NOTIONAL ALCOHOLIC CONTENT AMOUNTS TO DISCRIMINATION INCOMPATIBLE WITH ARTICLE 95 OF THE EEC TREATY .

2 . AS POTABLE SPIRITS ARE NOT AGRICULTURAL PRODUCTS ( REGULATION NO 7(A ) OF 18 DECEMBER 1959 ) THEY ARE NOT SUBJECT TO THE PROVISIONS OF ARTICLES 39 TO 46 OF THE TREATY .

3 . IN AGRICULTURE THE PERMITTED DEROGATIONS

3 . IN AGRICULTURE THE PERMITTED DEROGATIONS FROM CERTAIN RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET ARE EXCEPTIONS AND AS SUCH MUST BE STRICTLY INTERPRETED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - IMPORTS FROM THIRD COUNTRIES - LEVY - ADVANTAGES NOT PROVIDED BY THE RULES GOVERNING THE INTRA-COMMUNITY LEVY - VIOLATION OF THE PRINCIPLE OF COMMUNITY PREFERENCE - ABSENCE

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - CEREALS - IMPORTS FROM THIRD COUNTRIES - DELAY OWING TO FORCE MAJEURE - CONSEQUENCES AS REGARDS FIXING THE LEVY - NO APPLICATION BY ANALOGY TO INTRA-COMMUNITY LEVIES

( REGULATION NO 54/62 OF THE COUNCIL OF THE EEC, ARTICLE 7; REGULATION NO 87/62 OF THE COMMISSION OF THE EEC ARTICLE 9 )

Summary

1 . THE REGULATIONS WHICH PROVIDE, AS REGARDS IMPORTS OF CEREALS FROM THIRD COUNTRIES, FOR THE POSSIBILITY, DESIGNED TO PROTECT THOSE CONCERNED FROM EXCESSIVE PRICE FLUCTUATIONS, OF FIXING THE LEVY IN ADVANCE, AND LAY DOWN PROVISIONS IN CONNEXION THEREWITH FOR CASES OF FORCE MAJEURE WITHOUT DOING THE SAME FOR INTRA-COMMUNITY TRADE ARE NOT IN BREACH OF COMMUNITY PREFERENCE .

THIS CONCLUSION IS NOT INVALIDATED MERELY BY THE FACT THAT THE APPLICATION OF A PARTICULAR PROVISION OF THE RULES RELATING TO IMPORTS FROM THIRD COUNTRIES MIGHT HAVE RENDERED A DEALER ENGAGED IN INTRA-COMMUNITY TRADE SUBJECT, IN AN EXCEPTIONAL CASE, TO A SMALLER LEVY THAN THAT ACTUALLY APPLICABLE .

2 . THE RULES SET OUT IN ARTICLE 9 OF REGULATION NO 87/62 OF THE COMMISSION OF THE EEC OF 25 JULY 1962, IN CONJUNCTION WITH ARTICLE 7 OF REGULATION NO 54/62, OF THE COUNCIL OF THE EEC OF 30 JUNE 1962, CANNOT BE APPLIED BY ANALOGY TO THE IMPORTATION OF OATS FROM A MEMBER STATE .
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MEASURES ADOPTED BY AN INSTITUTION - CONCEPT

Summary

WHERE A MEASURE HAS THE CHARACTER OF A REGULATION THAT CHARACTER IS NOT CALLED IN ISSUE BY VIRTUE OF THE FACT THAT THE NUMBER AND EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT A GIVEN MOMENT MAY BE DETERMINED MORE OR LESS PRECISELY, PROVIDED THAT IT IS CLEAR THAT THIS APPLICATION DEPENDS ON AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE WITH REFERENCE TO ITS PURPOSE .

THE FACT THAT A TRANSITIONAL PROVISION IS APPLICABLE ONLY TO CERTAIN SITUATIONS ARISING BEFORE A DATE FIXED BY IT AND, THEREFORE, OFTEN ESTABLISHED BEFORE IT COMES INTO FORCE, DOES NOT PREVENT THAT PROVISION FROM BEING AN INTEGRAL PART OF THE FORMER AND NEW PROVISIONS WHICH IT IS DESIGNED TO RECONCILE AND, CONSEQUENTLY, FROM PARTAKING OF THEIR GENERAL NATURE .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RULES GOVERNING TRADE WITH THIRD COUNTRIES - PROCESSED PRODUCTS - CHOCOLATE IN BULK - CONCEPT

( REGULATION NO 755/67/EEC OF THE COUNCIL, ARTICLE 1 )

Summary

THE TERM " CHOCOLATE IN BULK " IN THE FIRST INDENT OF ARTICLE 1 OF REGULATION NO 755/67 OF THE COUNCIL OF 26 OCTOBER 1967 MUST BE INTERPRETED AS COVERING SOLELY CHOCOLATE READY FOR CONSUMPTION WHICH CAN BE MARKETED AS CHOCOLATE .
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1 . OFFICIALS - APPLICATION - IMPLIED REJECTION - EXPIRY OF LIMITATION PERIOD FOR APPEAL - EXPRESS REJECTION - ABSENCE OF ANY NEW FACTOR - CONFIRMATORY NATURE - NO ACT ADVERSELY AFFECTING APPLICANT

2 . ACTION FOR DAMAGES - CONNEXION WITH ACTION FOR ANNULMENT

( STAFF REGULATIONS, ARTICLE 91 )

Summary

1 . A DECISION WHICH IS CONFIRMATORY OF AN EARLIER IMPLIED DECISION OF REFUSAL DOES NOT CAUSE TIME TO BEGIN TO RUN AFRESH FOR THE PURPOSE OF BRINGING PROCEEDINGS .

2 . AN ACTION FOR DAMAGES WHICH IS ONLY DESIGNED TO OBTAIN FOR THE APPLICANT THE EQUIVALENT OF BENEFITS WHICH HE HAS BEEN REFUSED BY A DECISION AGAINST WHICH AN ACTION FOR ANNULMENT IS INADMISSIBLE MUST MEET THE SAME FATE AS THE LATTER ACTION .
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OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - TASKS WHICH DO NOT CONSTITUTE THE EXTENSION OF THE WORK LISTED IN THE VACANCY NOTICE BUT WHICH RELATE TO THE SUBJECT-MATTER REFERRED TO IN THE NOTICE - VALIDITY OF THE PROBATIONARY PERIOD

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 34 )

Summary

THE FACT THAT IN THE ACTUAL ARRANGEMENT OF THE DUTIES ATTACHING TO THE POST OF A PROBATIONER, TASKS WHICH DID NOT CONSTITUTE THE DIRECT AND NECESSARY EXTENSION OF THE WORK LISTED IN THE VACANCY NOTICE RELATING TO THE POST IN QUESTION WERE ENTRUSTED TO HIM CANNOT INVALIDATE THE PROBATIONARY PERIOD WHERE THOSE TASKS RELATE TO THE SUBJECT-MATTER REFERRED TO IN THE VACANCY NOTICE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - ASSIMILATED WORKER - MEANING

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 4; REGULATION NO 4 OF THE COUNCIL, ARTICLE 1 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SELF-EMPLOYED PERSONS - RIGHT TO BENEFIT - INSURANCE PERIODS COMPLETED IN A MEMBER STATE UNDER A SOCIAL SECURITY SCHEME FOR WAGE-EARNERS - TAKING THESE INTO CONSIDERATION IN APPLYING LEGISLATION TO ANOTHER MEMBER STATE - CONDITIONS

Summary

1 . THE CONCEPT OF " ASSIMILATED " WORKER USED IN REGULATIONS NOS 3 AND 4 OF THE COUNCIL INCLUDES EVERY WORKER WHO IS ENTITLED UNDER NATIONAL LEGISLATION TO BENEFIT UNDER A SOCIAL SECURITY SCHEME WHICH INSURES WAGE-EARNERS AS A WHOLE AGAINST ONE OR MORE RISKS, PROVIDED THAT SUCH ENTITLEMENT ENSURES THAT HE RECEIVES PROTECTION AGAINST THE RISK CONCERNED COMPARABLE TO THAT PROVIDED UNDER THE GENERAL SCHEME .

2 . WHERE THE LEGISLATION OF A MEMBER STATE CONCERNING THE BENEFITS AVAILABLE TO SELF-EMPLOYED PERSONS ALLOWS THE INSURANCE PERIODS COMPLETED BY THE PERSON CONCERNED UNDER THE SOCIAL SECURITY SCHEME FOR WAGE-EARNERS TO BE TAKEN INTO ACCOUNT IN ESTABLISHING THE RIGHT TO BENEFIT, THE INSURANCE PERIODS COMPLETED AS A WAGE-EARNER UNDER THE SOCIAL SECURITY SCHEME OF ANOTHER MEMBER STATE MUST BE TAKEN INTO ACCOUNT IN APPLYING THAT LEGISLATION .