ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - APPLICATION TO POWDERED WHEY - COMMISSION REGULATIONS ADOPTED BETWEEN 1 FEBRUARY 1973 AND 11 AUGUST 1977 - INVALIDITY

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - COMPENSATORY AMOUNTS CHARGED ON THE BASIS OF INVALID COMMUNITY REGULATIONS - RECOVERY - APPLICATION OF NATIONAL LAW - CONDITIONS AND LIMITS - TAKING INTO CONSIDERATION THE FACT THAT A CHARGE MAY HAVE BEEN PASSED ON - AWARD OF INTEREST

( COUNCIL DECISION OF 21 APRIL 1970 , ART . 6 ; REGULATION NO 2/71 OF THE COUNCIL , ART . 1 )

Summary

1 . THE COMMISSION REGULATIONS ADOPTED BETWEEN 1 FEBRUARY 1973 AND 11 AUGUST 1977 , FIXING MONETARY COMPENSATORY AMOUNTS AND CERTAIN RATES NECESSARY FOR THEIR APPLICATION , MUST BE REGARDED AS INVALID IN SO FAR AS THEY FIX MONETARY COMPENSATORY AMOUNTS IN RESPECT OF TRADE IN POWDERED WHEY AND ARE THEREFORE TO THAT EXTENT CONTRARY TO ARTICLE 1 ( 2 ) ( B ) OF REGULATION NO 974/71 OF THE COUNCIL .

2 . DISPUTES RELATING TO THE RECOVERY OF SUMS LEVIED ON BEHALF OF THE COMMUNITY COME WITHIN THE JURISDICTION OF NATIONAL COURTS AND MUST BE SETTLED BY THOSE COURTS IN APPLICATION OF THEIR NATIONAL LAW AS REGARDS BOTH PROCEDURE AND SUBSTANCE TO THE EXTENT TO WHICH COMMUNITY LAW HAS NOT MADE OTHER PROVISION IN THE MATTER . HOWEVER , THE APPLICATION OF NATIONAL LEGISLATION MUST BE EFFECTED IN A NON-DISCRIMINATORY MANNER HAVING REGARD TO THE PROCEDURAL RULES RELATING TO DISPUTES OF THE SAME TYPE , BUT PURELY NATIONAL , AND IN SO FAR AS PROCEDURAL RULES CANNOT HAVE THE RESULT OF MAKING IMPOSSIBLE IN PRACTICE THE EXERCISE OF RIGHTS CONFERRED BY COMMUNITY LAW .

IN THESE CIRCUMSTANCES AND IN THE ABSENCE OF COMMUNITY PROVISIONS IT IS FOR THE NATIONAL AUTHORITIES TO DECIDE AS TO THE RECOVERY OF SUMS UNDULY CHARGED ON THE BASIS OF COMMUNITY REGULATIONS WHICH HAVE BEEN DECLARED INVALID AND TO SETTLE IN TERMS OF THE NATIONAL LAW APPLICABLE ALL ANCILLARY QUESTIONS SUCH AS , ON THE ONE HAND , WHETHER THE FACT THAT IT MAY HAVE BEEN POSSIBLE FOR THE CHARGE IMPROPERLY IMPOSED TO BE PASSED ON TO OTHER TRADERS OR TO CONSUMERS SHOULD BE TAKEN INTO ACCOUNT , AND , ON THE OTHER HAND , THE PAYMENT OF INTEREST , IN PARTICULAR THE RATE OF INTEREST AND THE DATE FROM WHICH INTEREST MUST BE CALCULATED .
Keywords

Summary



Keywords

1 . AIDS GRANTED BY STATES - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA

( EEC TREATY , ART . 92 )

2 . AIDS GRANTED BY STATES - PROHIBITION - DEROGATIONS - AIDS WHICH MAY BE CONSIDERED AS COMPATIBLE WITH THE COMMON MARKET - COMMISSION ' S DISCRETION - REFERENCE TO THE COMMUNITY CONTEXT

( EEC TREATY , ART . 92 ( 3 ))

Summary

1 . WHEN STATE FINANCIAL AID STRENGTHENS THE POSITION OF AN UNDERTAKING COMPARED WITH OTHER UNDERTAKINGS COMPETING IN INTRA-COMMUNITY TRADE THE LATTER MUST BE REGARDED AS AFFECTED BY THAT AID .

2 . IN THE APPLICATION OF ARTICLE 92 ( 3 ) OF THE EEC TREATY THE COMMISSION HAS A DISCRETION THE EXERCISE OF WHICH INVOLVES ECONOMIC AND SOCIAL ASSESSMENTS WHICH MUST BE MADE IN A COMMUNITY CONTEXT .

THE COMMISSION IS ENTITLED TO REGARD AN AID PROJECT AS NOT MEETING THE REQUIREMENTS OF ARTICLE 92 ( 3 ) ( B ) IF SUCH AN AID WOULD HAVE PERMITTED THE TRANSFER OF AN INVESTMENT WHICH COULD BE EFFECTED IN OTHER MEMBER STATES IN A LESS FAVOURABLE ECONOMIC SITUATION THAN THAT OF THE MEMBER STATE IN WHICH THE RECIPIENT UNDERTAKING IS LOCATED .
Keywords

Summary



Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - OBJECT - CO-ORDINATION OF NATIONAL SCHEMES - CONSEQUENCES

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - ORPHANS ' BENEFITS - BENEFITS PAYABLE BY THE STATE OF RESIDENCE - BENEFITS GREATER IN AMOUNT PREVIOUSLY AWARDED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ALONE - RIGHT TO SUPPLEMENTARY BENEFITS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 78 ( 2 ) ( B ) ( I )

Summary

1 . THE REGULATIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS DID NOT SET UP A COMMON SCHEME OF SOCIAL SECURITY , BUT ALLOWED DIFFERENT SCHEMES TO EXIST , CREATING DIFFERENT CLAIMS ON DIFFERENT INSTITUTIONS AGAINST WHICH THE CLAIMANT POSSESSES DIRECT RIGHTS BY VIRTUE EITHER OF NATIONAL LAW ALONE OR OF NATIONAL LAW SUPPLEMENTED , WHERE NECESSARY , BY COMMUNITY LAW RELATING , IN PARTICULAR , TO THE LIFTING OF CONDITIONS OF RESIDENCE . THE COMMUNITY RULES CANNOT , THEREFORE , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF THE BENEFIT OF A PART OF THE LEGISLATION OF A MEMBER STATE , NOR MAY THEY BRING ABOUT A REDUCTION IN THE BENEFITS AWARDED BY VIRTUE OF THAT LEGISLATION .

2 . ARTICLE 78 ( 2 ) ( B ) ( I ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT THE ENTITLEMENT TO BENEFITS PAYABLE BY THE STATE IN WHOSE TERRITORY THE ORPHAN TO WHOM THEY HAVE BEEN AWARDED RESIDES DOES NOT REMOVE THE ENTITLEMENT TO BENEFITS GREATER IN AMOUNT PREVIOUSLY ACQUIRED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ALONE . WHERE THE AMOUNT OF THE BENEFITS ACTUALLY RECEIVED IN THE MEMBER STATE OF RESIDENCE IS LESS THAN THAT OF THE BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE OTHER MEMBER STATE ALONE THE ORPHAN IS ENTITLED TO SUPPLEMENTARY BENEFITS , PAYABLE BY THE COMPETENT INSTITUTION OF THE LATTER STATE , EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
Keywords

Summary



Keywords

OFFICIALS - PROMOTION - PROCEDURE - PROMOTION WITHIN A CAREER BRACKET - GENERAL IMPLEMENTING PROVISIONS ADOPTED BY AN INSTITUTION - LEGAL NATURE - FAILURE TO OBSERVE - INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENT - NONE

( EEC TREATY , ART . 173 )

Summary

A DECISION BY AN INSTITUTION MAKING GENERAL IMPLEMENTING PROVISIONS RELATING TO THE PROCEDURE FOR PROMOTION WITHIN A CAREER BRACKET DOES NOT CONSTITUTE AN IMPLEMENTING PROVISION PRESCRIBED BY THE STAFF REGULATIONS BUT AN INTERNAL MEASURE , INTRODUCED BY THE INSTITUTION OF ITS OWN ACCORD , WHICH CANNOT THEREFORE BE REGARDED AS HAVING THE CHARACTER OF STRICT LAW . THE FACT THAT THE INSTITUTION HAS DEPARTED FROM THE PROCEDURE PROVIDED FOR BY THAT DECISION IN ORDER TO TAKE ACCOUNT OF AN EXCEPTIONAL SITUATION CANNOT THEREFORE BE REGARDED AS ' ' AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT ' ' OF SUCH A NATURE AS TO JUSTIFY THE ANNULMENT OF PROMOTION DECISIONS MADE IN THOSE CIRCUMSTANCES .
Keywords

Summary



Keywords

COMMON CUSTOMS TARIFF - SCHEME OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES - CUT MUSHROOMS COMING UNDER SUB-HEADING 07.04 B - EXCLUSION

( REGULATIONS NOS 3055/74 AND 3011/75 OF THE COUNCIL , ANNEX A )

Summary

TARIFF HEADING 07.04 ' ' EX B . OTHER ' ' SET OUT IN ANNEX A TO REGULATIONS ( EEC ) NO 3055/74 AND ( EEC ) NO 3011/75 OF THE COUNCIL ESTABLISHING IN RESPECT OF CERTAIN PRODUCTS FALLING WITHIN CHAPTERS 1 TO 24 OF THE COMMON CUSTOMS TARIFF A SCHEME OF GENERALIZED PREFERENCES IN FAVOUR OF DEVELOPING COUNTRIES FOR THE YEARS 1975 AND 1976 MUST BE INTERPRETED AS MEANING THAT THE REDUCED RATE DOES NOT APPLY TO CUT OR SLICED MUSHROOMS EVEN IF ALL THE PARTS ARE PRESENT .
Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - OBJECT - ACT HAVING AN ADVERSE EFFECT ADOPTED BY THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - ACT HAVING AN ADVERSE EFFECT - CONCEPT - PAY SLIP APPLYING NEW RULES CONCERNING REMUNERATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS THE COMPLAINT , AND CONSEQUENTLY THE APPLICATION , MAY BE DIRECTED ONLY AGAINST AN ACT HAVING AN ADVERSE EFFECT ADOPTED BY THE APPOINTING AUTHORITY .

2 . THE PAY SLIP WHEREBY THE ADMINISTRATION APPLIES NEW REGULATIONS CONCERNING REMUNERATION CONSTITUTES AN ACT LIABLE TO HAVE AN ADVERSE EFFECT WITHIN THE MEANING OF THE STAFF REGULATIONS .
Keywords

Summary



Keywords

OFFICIALS - COMPENSATION FOR OCCUPATIONAL DISEASE - INVALIDITY PENSION - DIFFERENT BENEFITS - FINDING OF THE EXISTENCE OF AN OCCUPATIONAL DISEASE AND FINDING OF INVALIDITY - DISTINCT PROCEDURES - DISCRETION OF ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 73 AND 78 )

Summary

A COMPARISON BETWEEN ARTICLE 73 ( COMPENSATION FOR OCCUPATIONAL DISEASE ) AND ARTICLE 78 ( INVALIDITY PENSION ) OF THE STAFF REGULATIONS OF OFFICIALS INDICATES THAT THE BENEFITS PROVIDED BY THESE TWO PROVISIONS ARE DIFFERENT AND MUTUALLY INDEPENDENT , ALTHOUGH A PERSON MAY RECEIVE BOTH OF THEM . FURTHERMORE , ARTICLE 25 OF THE RULES PROVIDES THAT RECOGNITION THEREUNDER OF EVEN TOTAL PERMANENT INVALIDITY ' ' SHALL IN NO WAY PREJUDICE APPLICATION OF ARTICLE 78 OF THE STAFF REGULATIONS AND VICE VERSA ' ' . IT FOLLOWS THAT THERE ARE TWO DIFFERENT PROCEDURES WHICH MAY GIVE RISE TO SEPARATE DECISIONS INDEPENDENT OF EACH OTHER .

ALTHOUGH IT IS DESIRABLE THAT , WHERE APPROPRIATE , THE TWO PROCEDURES SHOULD BE CONDUCTED IN CONCERT AND THAT THE SAME MEDICAL AUTHORITIES SHOULD BE INVITED TO GIVE AN OPINION ON THE DIFFERENT ASPECTS OF THE OFFICIAL ' S DISABILITY , THE LEGALITY OF EITHER PROCEDURE IS NOT CONDITIONAL ON SUCH A REQUIREMENT AND IN THIS RESPECT THE APPOINTING AUTHORITY HAS , ACCORDING TO THE CIRCUMSTANCES , A DISCRETION .
Keywords



Keywords

OFFICIALS - REMUNERATION - WEIGHTING - LATE ADJUSTMENT - COMPENSATION FOR PECUNIARY DAMAGE - PAYMENT OF INTEREST ON OVERDUE SUMS - POINT AT WHICH INTEREST STARTS TO RUN - DATE OF PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS

( STAFF REGULATIONS , ART . 90 ( 2 ))
Keywords

Summary



Keywords

OFFICIALS - BUILDING LOANS - AMOUNT EXPRESSED IN BELGIAN FRANCS - REPAYMENT IN THE CURRENCY OF THE COUNTRY WHERE THE PROPERTY TO BE FINANCED IS SITUATED - EXCHANGE RATE APPLICABLE - EXCHANGE RATE DEFINED IN ARTICLE 63 OF THE STAFF REGULATIONS - TRANSFERS MADE PURSUANT TO ARTICLE 17 OF ANNEX VII TO THE STAFF REGULATIONS - UPDATING OF THE EXCHANGE RATE DURING THE TERM OF THE LOAN AGREEMENT - APPLICATION OF THE NEW EXCHANGE RATE TO THE SUBSEQUENT MONTHLY REPAYMENT INSTALMENTS

( STAFF REGULATIONS , ART . 63 AND ANNEX VII , ART . 17 ; COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 )

Summary

WHERE IN A BUILDING LOAN AGREEMENT ENTERED INTO BETWEEN AN OFFICIAL OF THE EUROPEAN COMMUNITIES AND THE COMMISSION THE AMOUNT OF THE LOAN IS EXPRESSED IN BELGIAN FRANCS AND WHERE THE MONTHLY REPAYMENTS ARE MADE IN THE CURRENCY OF THE COUNTRY WHERE THE PROPERTY TO BE FINANCED IS SITUATED , THE AMOUNTS IN FOREIGN CURRENCY TRANSFERRED IN ORDER TO REPAY LOAN MUST BE CONVERTED INTO BELGIAN FRANCS ON THE BASIS OF THE PARITY RULING ON THE DATE OF THE TRANSFER , IT IS CONSONANT , ON THE ONE HAND , WITH THE PROVISIONS OF THE AGREEMENT , WHICH DOES NOT PROVIDE FOR A FIXED PARITY THROUGHOUT THE PERFORMANCE THEREOF BUT FOR THE VARIOUS PARITIES WHICH MIGHT APPLY SUCCESSIVELY AND , ON THE OTHER HAND , WITH THE FACT THAT THE BENEFICIARY OF THE LOAN IS AN OFFICIAL , FOR THE EXCHANGE RATE TO BE THE RATE FIXED AS A REFERENCE PARITY IN ARTICLE 63 OF THE STAFF REGULATIONS AND FOR THE MONTHLY TRANSFERS TO BE MADE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 17 OF ANNEX VII THERETO .

IN THE PERFORMANCE OF A LOAN AGREEMENT CONCLUDED BEFORE THE ENTRY INTO FORCE OF REGULATIONS NOS 3085/78 AND 3086/78 AMENDING INTER ALIA THE PROVISIONS OF ARTICLE 63 OF THE STAFF REGULATIONS AND OF ARTICLE 17 OF ANNEX VII THERETO , THE COMMISSION IS THEREFORE CORRECT TO APPLY TO THE MONTHLY REPAYMENTS FALLING DUE AFTER THE ENTRY INTO FORCE OF THE REGULATIONS IN QUESTION THE EXCHANGE RATE RESULTING FROM APPLICATION OF THE UPDATED PARITIES AND OF THE NEW VERSION OF ARTICLE 17 .
Judgment of the Court (Fourth Chamber) of 13 July 1989. - Detalmo Pirzio-Biroli v Commission of the European Communities. - Officials - Employee of the European Association for Cooperation (EAC) - Recognition of their status as officials of the Commission with effect from the date on which they were engaged by the EAC. - Joined cases 80/79 and 205/81.



European Court reports 1989 Page 02441

Pub.RJ Page Pub somm



Summary

Parties

Operative part



Keywords

++++

Officials - Status of official - Conditions for acquiring not fulfilled - Calculation of length of service of an official in regard to the Community pensions scheme - Taking into account of period of employment prior to taking up duties - Excluded

Summary

The status of official or servant of the Communities cannot be accorded to the staff of the European Association for Cooperation, an international association which is governed by the law of a Member State and which cannot, whatever may be its relations with the Commission, be assimilated to an administrative unit of the Commission ( see judgment of 11 July 1985 in Joined Cases 87, 130/77, 22/83, 9 and 10/84 Salerno v Commission and Council (( 1985 )) ECR 2523 ).

As a result the Commission cannot be required to take account, for the purpose of calculating the length of service of its officials with a view to determining their pension rights under the Staff Regulations, of periods completed by them in a post with the aforesaid association prior to their taking up their duties with the Communities .

Parties

In Joined Cases 80/79 and 205/81

Mr Detalmo Pirzio-Biroli, a former official of the Commission of the European Communities, residing at 15 Via di Montori, Rome ( Italy ), represented by Marcel Slusny, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse,

applicant,

v

Commission of the European Communities, represented by A . Van Solinge, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for a declaration recognizing, for the purposes of the calculation of the applicant' s pension, that the applicant' s status was that of an official or member of the temporary staff whilst he was employed by the European Association for Cooperation,

THE COURT ( Fourth Chamber ),

composed of : T . Koopmans, President of the Chamber, C . N . Kakouris and M . Díez de Velasco, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the parties to bear their own costs .
Keywords

Summary



Keywords

1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SYSTEMS OF SELECTIVE DISTRIBUTION - PROHIBITION - CONDITIONS - DECISION TO EXEMPT - POWER OF COMMISSION ALONE

( EEC TREATY , ART . 85 ; REGULATION NO 17 OF THE COUNCIL , ART . 9 ( 1 ))

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - NOTIFICATION - DECISION BY COMMISSION TO TAKE NO ACTION - LEGAL NATURE - EFFECT ON APPRAISAL BY NATIONAL COURTS OF THE AGREEMENT IN QUESTION

( EEC TREATY , ART . 85 )

3 . COMPETITION - AGREEMENTS , DECISION AND CONCERTED PRACTICES - PROHIBITION - DECISIONS TO EXEMPT - RELIANCE THEREON AS AGAINST THIRD PARTIES

( EEC TREATY , ART . 85 ( 3 ))

4 . COMPETITION - DOMINANT POSITION - ABUSE - CONCEPT

( EEC TREATY , ART . 86 )

Summary

1 . THE AGREEMENTS LAYING DOWN A SELECTIVE DISTRIBUTION SYSTEM BASED ON CRITERIA FOR ADMISSION WHICH GO BEYOND A MERE OBJECTIVE SELECTION OF A QUALITATIVE NATURE EXHIBIT FEATURES MAKING THEM INCOMPATIBLE WITH ARTICLE 85 ( 1 ) OF THE EEC TREATY WHERE SUCH AGREEMENTS , EITHER INDIVIDUALLY OR TOGETHER WITH OTHERS , MAY , IN THE ECONOMIC AND LEGAL CONTEXT IN WHICH THEY OCCUR AND ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT , AFFECT TRADE BETWEEN MEMBER STATES AND HAVE EITHER AS THEIR OBJECTIVE OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION . IT IS FOR THE COMMISSION ALONE , SUBJECT TO REVIEW BY THE COURT , TO GRANT AN EXEMPTION IN RESPECT OF SUCH AGREEMENTS UNDER ARTICLE 85 ( 3 ).

2 . A LETTER SIGNED BY AN OFFICIAL OF THE COMMISSION INDICATING THAT THERE IS NO REASON FOR THE COMMISSION TO TAKE ACTION PURSUANT TO ARTICLE 85 ( 1 ) OF THE EEC TREATY AGAINST A DISTRIBUTION SYSTEM WHICH HAS BEEN NOTIFIED TO IT , MAY NOT BE RELIED UPON AS AGAINST THIRD PARTIES AND IS NOT BINDING ON THE NATIONAL COURTS . IT MERELY CONSTITUTES AN ELEMENT OF FACT OF WHICH THE NATIONAL COURTS MAY TAKE ACCOUNT IN CONSIDERING THE COMPATIBILITY OF THE SYSTEM IN QUESTION WITH COMMUNITY LAW .

3 . DECISIONS TO GRANT EXEMPTION UNDER ARTICLES 85 ( 3 ) OF THE EEC TREATY GIVE RISE TO RIGHTS IN THE SENSE THAT THE PARTIES TO AN AGREEMENT WHICH HAS BEEN THE SUBJECT OF SUCH A DECISION MAY RELY ON THAT DECISION AS AGAINST THIRD PARTIES WHO CLAIM THAT THE AGREEMENT IS VOID ON THE BASIS OF ARTICLE 85 ( 2 ).

4 . THE BEHAVIOUR OF AN UNDERTAKING MAY BE CONSIDERED AS AN ABUSE OF A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY WHERE THE UNDERTAKING ENJOYS IN A PARTICULAR MARKET THE POWER TO BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS , ITS CUSTOMERS AND THE CONSUMERS AND WHERE ITS BEHAVIOUR ON THAT MARKET , THROUGH RECOURSE TO METHODS DIFFERENT FROM THOSE WHICH CONDITION NORMAL COMPETITION ON THE BASIS OF THE TRANSACTIONS OF TRADERS , HINDERS THE MAINTENANCE OR DEVELOPMENT OF COMPETITION AND MAY EFFECT TRADE BETWEEN MEMBER STATES .
Keywords

Summary



Keywords

COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - APPLICATION TO DRUGS WHICH HAVE BEEN SMUGGLED IN AND DESTROYED AS SOON AS DISCOVERED - NOT PERMISSIBLE - PROSECUTION OF OFFENCES - POWERS OF MEMBER STATES

Summary

AD VALOREM CUSTOMS DUTY CANNOT BE DETERMINED FOR GOODS WHICH ARE OF SUCH A KIND THAT THEY MAY NOT BE PUT INTO CIRCULATION IN ANY MEMBER STATE BUT MUST ON THE CONTRARY BE SEIZED AND TAKEN OUT OF CIRCULATION BY THE COMPETENT AUTHORITIES AS SOON AS THEY ARE DISCOVERED .

ACCORDINGLY , THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF NO LONGER LEAVES A MEMBER STATE THE POWER TO APPLY CUSTOMS DUTIES TO DRUGS WHICH HAVE BEEN SMUGGLED IN AND DESTROYED AS SOON AS THEY WERE DISCOVERED BUT IT DOES LEAVE IT FULL FREEDOM TO TAKE CRIMINAL PROCEEDINGS IN RESPECT OF OFFENCES COMMITTED , WITH ALL THE ATTENDANT CONSEQUENCES , INCLUDING FINES .
Keywords

Summary



Keywords

1 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - HOURLY RATE OF PAY FOR PART-TIME WORK LOWER THAN THAT FOR FULL-TIME WORK - PERMISSIBILITY - CONDITIONS - INDIRECT DISCRIMINATION AGAINST FEMALE EMPLOYEES - PROHIBITION - NATIONAL COURT TO DECIDE

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - DIRECT EFFECT - HOURLY RATE OF PAY FOR PART-TIME WORK LOWER THAN THAT FOR FULL-TIME WORK - EXISTENCE OF DISCRIMINATION BASED ON SEX TO BE ESTABLISHED BY THE NATIONAL COURTS

( EEC TREATY , ART . 119 )

3 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - SAME CONTENT AND SCOPE IN ARTICLE 119 OF THE TREATY AND IN DIRECTIVE 75/117/EEC

( EEC TREATY , ART . 119 ; COUNCIL DIRECTIVE 75/117/EEC , ART . 1 )

Summary

1 . THE FACT THAT WORK PAID AT TIME RATES IS REMUNERATED AT AN HOURLY RATE WHICH VARIES ACCORDING TO THE NUMBER OF HOURS WORKED PER WEEK DOES NOT OFFEND AGAINST THE PRINCIPLE OF EQUAL PAY LAID DOWN IN ARTICLE 119 OF THE TREATY IN SO FAR AS THE DIFFERENCE IN PAY BETWEEN PART-TIME WORK AND FULL-TIME WORK IS ATTRIBUTABLE TO FACTORS WHICH ARE OBJECTIVELY JUSTIFIED AND ARE IN NO WAY RELATED TO ANY DISCRIMINATION BASED ON SEX . IT IS FOR THE NATIONAL COURTS TO DECIDE IN EACH INDIVIDUAL CASE WHETHER , REGARD BEING HAD TO THE FACTS OF THE CASE , ITS HISTORY AND THE EMPLOYER ' S INTENTION , A PAY POLICY REPRESENTED AS A DIFFERENCE BASED ON WEEKLY WORKING HOURS IS OR IS NOT IN REALITY DISCRIMINATION BASED ON THE SEX OF THE WORKER .

THEREFORE A DIFFERENCE IN PAY BETWEEN FULL-TIME WORKERS AND PART-TIME WORKERS DOES NOT AMOUNT TO DISCRIMINATION PROHIBITED BY ARTICLE 119 OF THE TREATY UNLESS IT IS IN REALITY MERELY AN INDIRECT WAY OF REDUCING THE LEVEL OF PAY OF PART-TIME WORKERS ON THE GROUND THAT THAT GROUP OF WORKERS IS COMPOSED EXCLUSIVELY OR PREDOMINANTLY OF WOMEN .

2 . ARTICLE 119 OF THE TREATY APPLIES DIRECTLY TO ALL FORMS OF DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION , WITHOUT NATIONAL OR COMMUNITY MEASURES BEING REQUIRED TO DEFINE THEM WITH GREATER PRECISION IN ORDER TO PERMIT OF THEIR APPLICATION . THE FORMS OF DISCRIMINATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED INCLUDE CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , PUBLIC OR PRIVATE . WHERE THE NATIONAL COURT IS ABLE , USING THE CRITERIA OF EQUAL WORK AND EQUAL PAY , WITHOUT THE OPERATION OF COMMUNITY OR NATIONAL MEASURES , TO ESTABLISH THAT THE PAYMENT OF LOWER HOURLY RATES OF REMUNERATION FOR PART-TIME WORK THAN FOR FULL-TIME WORK REPRESENTS DISCRIMINATION BASED ON DIFFERENCE OF SEX THE PROVISIONS OF ARTICLE 119 OF THE TREATY APPLY DIRECTLY TO SUCH A SITUATION .

3 . ARTICLE 1 OF COUNCIL DIRECTIVE 75/117/EEC WHICH IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY OUTLINED IN ARTICLE 119 OF THE TREATY IN NO WAY ALTERS THE CONTENT OR SCOPE OF THAT PRINCIPLE AS DEFINED IN THE TREATY .
Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - PREVIOUS COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT AGAINST A DECISION OF THE SELECTION BOARD FOR A COMPETITION - INEFFECTIVENESS - INTRODUCTION - CONSEQUENCES - RIGHT OF LEGAL REDRESS NOT AFFECTED

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - RECRUITMENT - COMPETITION - CONDITIONS FOR ELIGIBILITY - REVIEW BY SELECTION BOARD - SCOPE - SUMMARY EXAMINATION OF THE COMPLIANCE OF APPLICATIONS WITH CONDITIONS LAID DOWN IN THE NOTICE OF COMPETITION

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

3 . OFFICIALS - RECRUITMENT - COMPETITIONS - SELECTION BOARD - MEMBERSHIP - NEW DECISION IN THE EVENT OF ANNULMENT - NATURE OF SELECTION BOARDS - COMMUNITY SYSTEM OF LEGAL REDRESS

( EEC TREATY , ART . 176 ; STAFF REGULATIONS OF OFFICIALS , ANNEX III , ART . 3 )

Summary

1 . THE USE OF THE COMPLAINTS PROCEDURE UNDER ARTICLE 90 OF THE STAFF REGULATIONS IS NUGATORY WHERE A DECISION IS MADE BY A BODY SUCH AS A SELECTION BOARD FOR A COMPETITION , WHICH ADJUDICATES IN COMPLETE INDEPENDENCE AND WHOSE DECISIONS CANNOT BE AMENDED BY THE APPOINTING AUTHORITY . NEVERTHELESS , IN SO FAR AS THE DEFINITIVE NATURE OF SUCH DECISIONS AND THE INEFFECTIVENESS OF A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS WITH REGARD TO THEM ARE NOT FORMALLY ACKNOWLEDGED EITHER BY A PROVISION OF A REGULATION OR BY AN EXPRESS WARNING IN THE DECISIONS THEMSELVES , IT SEEMS INEQUITABLE TO DEPRIVE A PERSON OF HIS RIGHT OF REDRESS WHERE HE HAS MADE HIS COMPLAINT BEFORE THE EXPIRY OF THE PERIOD FOR TAKING LEGAL ACTION FOLLOWING THE SAID DECISION .

2 . IN THE FIRST PHASE OF THE COMPETITION PROCEDURE , AT THE STAGE OF THE REVIEW OF ELIGIBILITY , IT IS SUFFICIENT FOR THE SELECTION BOARD TO CONSIDER WHETHER CANDIDATES FULFIL PRIMA FACIE AND AS A WHOLE THE CONDITIONS LAID DOWN IN THE NOTICE OF COMPETITION . A SELECTION BOARD CANNOT BE CRITICIZED FOR EXCLUDING THE HOLDER OF A DEGREE WHICH VERY CLEARLY RELATES ON THE FACE OF IT TO A MAIN FIELD OF STUDY WHICH HAS NO PARTICULAR RELEVANCE TO THE SPHERE OF ACTIVITY OF THE POSTS TO BE FILLED .

3 . A SELECTION BOARD FOR A COMPETITION , WHOSE PREVIOUS DECISION TO REJECT AN APPLICATION HAS BEEN ANNULLED BY THE COURT , CANNOT BE CRITICIZED FOR FAILING TO TAKE A NEW DECISION WITH A DIFFERENT MEMBERSHIP , SINCE THAT WOULD AMOUNT TO DISREGARDING NOT ONLY THE NATURE OF SELECTION BOARDS , WHICH ARE COLLEGIAL BODIES OPERATING IN COMPLETE INDEPENDENCE , BUT ALSO TO THE SYSTEM OF LEGAL REDRESS INSTITUTED BY THE EEC TREATY , ARTICLE 176 OF WHICH PROVIDES THAT WHERE THE ACT OF AN INSTITUTION HAS BEEN DECLARED VOID , THE BODY CONCERNED SHALL BE REQUIRED TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE COURT ' S JUDGMENT .