ddrg/super_eurlex huggingface dataset:
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AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - FIXING - OBLIGATION TO TAKE INTO ACCOUNT RISKS OF DISTURBANCES IN TRADE , INCLUDING THOSE CAUSED BY THE MONETARY COMPENSATORY AMOUNTS THEMSELVES - PRODUCT OCCURRING IN DIFFERENT FORMS HAVING DIFFERENT COMMERCIAL VALUES - DISCRETION OF COMMISSION

( COMMISSION REGULATION NO 1245/83 , ANNEX I , PART 5 , NOTE 5 , AS AMENDED BY REGULATIONS NOS 3281/83 AND 270/84 )

Summary

WHEN FIXING MONETARY COMPENSATORY AMOUNTS , THE COMMISSION MUST NOT ONLY ACT TO PREVENT DISTURBANCES TO NORMAL TRADE CAUSED BY THE MONETARY MEASURES ADOPTED BY THE MEMBER STATES BUT ALSO SEE TO IT THAT THE COMPENSATORY AMOUNTS THEMSELVES ARE NOT SO CONSTITUTED AS TO PROVOKE SUCH DISTURBANCES OR TO CREATE MARKET CONDITIONS FAVOURABLE TO THE FORMATION OF ARTIFICIAL TRADE FLOWS . IT IS THEREFORE NOT ONLY EMPOWERED BUT UNDER A DUTY TO AMEND ITS EXISTING LEGISLATION IF IT FINDS THAT IMPROPER TRANSACTIONS OF THE TYPE DESCRIBED ABOVE HAVE OCCURRED OR THAT THERE IS A RISK THAT THEY MAY OCCUR .

IN ITS CHOICE OF THE MEASURES TO BE ADOPTED , THE COMMISSION MUST BE ALLOWED A BROAD MEASURE OF DISCRETION WHERE THE PRODUCT CONCERNED IS OF VERY LIMITED IMPORTANCE FOR TRADE WITHIN THE COMMUNITY AND WITH NON-MEMBER COUNTRIES AND WHERE , FURTHERMORE , IT OCCURS IN TWO FORMS WHICH ARE ADMINISTRATIVELY DIFFICULT TO DISTINGUISH , ONE OF WHICH IS DEVOID OF COMMERCIAL VALUE WHILE THE OTHER IS PERFECTLY CAPABLE OF BEING PROCESSED AND REPROCESSED IN A CLOSED CIRCUIT WITHOUT EVER REACHING THE STAGE OF FINAL CONSUMPTION .
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1 . COMPETITION - COMMUNITY RULES - NATIONAL RULES ON THE PRICE OF FUEL - COMPATIBILITY

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

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 ) AND 5 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 AUTH ORITIES 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 . SOCIAL POLICY - APPROXIMATION OF LEGISLATION - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - SCOPE - EMPLOYEES ENJOYING SOME PROTECTION AGAINST DISMISSAL UNDER NATIONAL LAW - INCLUSION

( COUNCIL DIRECTIVE NO 77/187 , ART . 4 ( 1 ))

2 . COMMUNITY LAW - SCOPE - OBJECTIVE DETERMINATION - UNILATERAL DETERMINATION BY A MEMBER STATE - NOT PERMISSIBLE

Summary

1 . ARTICLE 4 ( 1 ) OF DIRECTIVE NO 77/187 IS DESIGNED TO ENSURE THAT EMPLOYEES ' RIGHTS ARE MAINTAINED BY EXTENDING THE PROTECTION AGAINST DISMISSAL BY THE EMPLOYER AFFORDED BY NATIONAL LAW TO COVER THE CASE IN WHICH A CHANGE IN EMPLOYER OCCURS UPON THE TRANSFER OF AN UNDERTAKING .

THAT PROVISION APPLIES TO ANY SITUATION IN WHICH EMPLOYEES AFFECTED BY A TRANSFER ENJOY SOME , ALBEIT LIMITED , PROTECTION AGAINST DISMISSAL UNDER NATIONAL LAW , WITH THE RESULT THAT , UNDER THE DIRECTIVE , THAT PROTECTION MAY NOT BE TAKEN AWAY FROM THEM OR CURTAILED SOLELY BECAUSE OF THE TRANSFER .

2 . A MEMBER STATE MAY NOT RESTRICT THE SCOPE OF A DIRECTIVE BY MEANS OF A NOTIFICATION , NOT EVEN IF MADE IN ACCORDANCE WITH A STATEMENT IN THE COUNCIL MINUTES , SINCE THE TRUE MEANING OF RULES OF COMMUNITY LAW CAN BE DERIVED ONLY FROM THOSE RULES THEMSELVES , HAVING REGARD TO THEIR CONTEXT .
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NON-CONTRACTUAL LIABILITY - CONDITIONS - UNLAWFULNESS - DAMAGE - CAUSAL LINK

( EEC TREATY, ART . 215, SECOND PARAGRAPH )

Summary

COMMUNITY LIABILITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY DEPENDS ON THE COINCIDENCE OF A SET OF CONDITIONS AS REGARDS THE UNLAWFULNESS OF THE ACTS ALLEGED AGAINST THE INSTITUTION, THE FACT OF DAMAGE, AND THE EXISTENCE OF A DIRECT LINK IN THE CHAIN OF CAUSALITY BETWEEN THE WRONGFUL ACT AND THE DAMAGE COMPLAINED OF .

THAT SOME OF THOSE CONDITIONS HAVE NOT BEEN FULFILLED IS SUFFICIENT GROUND FOR DISMISSING AN ACTION FOR DAMAGES .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - MEASURE ADVERSELY AFFECTING AN OFFICIAL - MEANING OF TERM - STATEMENT OF FUTURE INTENTIONS OF THE ADMINISTRATION - INADMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 ( 2 ) AND 91 )

2 . OFFICIALS - CAREERS - ARTICLE 45 ( 2 ) OF THE STAFF REGULATIONS - TRANSFER FROM THE LANGUAGE SERVICE TO AN ADMINISTRATIVE POST IN CATEGORY A - REQUIREMENT OF A COMPETITION - ADMINISTRATIVE PRACTICE DEROGATING FROM THAT REQUIREMENT - UNLAWFUL

( STAFF REGULATIONS OF OFFICIALS , ART . 45 ( 2 ))

Summary

1 . ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS , IN CONJUNCTION WITH ARTICLE 91 , MAKES THE ADMISSIBILITY OF PROCEEDINGS UNDER ARTICLE 179 OF THE EEC TREATY SUBJECT TO THE CONDITION THAT THE CONTESTED MEASURE SHOULD HAVE ADVERSELY AFFECTED THE APPLICANT . ONLY THOSE MEASURES WHICH ARE CAPABLE OF DIRECTLY AFFECTING A SPECIFIC LEGAL SITUATION MAY BE REGARDED AS ADVERSELY AFFECTING THE PERSON CONCERNED . THAT CANNOT BE SAID OF A MEASURE WHICH DOES NO MORE THAN STATE THE ADMINISTRATION ' S INTENTION , IN THE FUTURE , OF CONSIDERING APPLICATIONS FROM OFFICIALS IN THE LANGUAGE SERVICE FOR POSTS IN CATEGORY A AND VICE VERSA AT THE STAGE REFERRED TO IN ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS . THE SIMPLE STATEMENT OF SUCH A FUTURE INTENTION IS NOT CAPABLE OF CREATING RIGHTS AND OBLIGATIONS ON THE PART OF OFFICIALS AND THUS OF ALTERING THEIR LEGAL POSITION .

2 . IT IS CLEAR FROM THE PROVISIONS OF THE STAFF REGULATIONS CONCERNING THE CAREER AND SITUATION OF OFFICIALS THAT A SYSTEMATIC DISTINCTION BETWEEN CATEGORY AND SERVICE IS FUNDAMENTAL TO THEM ; A SERVICE PLACES TOGETHER OFFICIALS WHO CARRY OUT PARTICULAR DUTIES FOR WHICH SPECIFIC QUALIFICATIONS ARE REQUIRED , IN ORDER TO MAKE POSSIBLE A SEPARATE CAREER STRUCTURE TAKING INTO ACCOUNT THOSE SPECIAL FEATURES , AND MAY EMBRACE GRADES BELONGING TO ONE OR MORE CATEGORIES .

THAT DISTINCTION IS TO BE FOUND IN ARTICLE 45 ( 2 ), WHICH EXPRESSLY PROVIDES THAT ' AN OFFICIAL MAY BE TRANSFERRED FROM ONE SERVICE TO ANOTHER AND PROMOTED FROM ONE CATEGORY TO ANOTHER ONLY ON THE BASIS OF COMPETITION ' . CONSEQUENTLY , AN OFFICIAL MAY BE TRANSFERRED FROM THE LANGUAGE SERVICE TO AN ADMINISTRATIVE POST IN CATEGORY A ONLY ON THE BASIS OF A COMPETITION . THAT PROVISION OF THE STAFF REGULATIONS ALLOWS THE ADMINISTRATION NO DISCRETION TO ACT DIFFERENTLY , AND AN EXCEPTION MAY BE MADE ONLY BY WAY OF A PROVISION HAVING THE SAME LEGAL FORCE .
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1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENTS AND OCCUPATIONAL DISEASE - ACCIDENT AND OCCUPATIONAL DISEASE - FINDING - DISAGREEMENT BETWEEN THE MEMBERS OF THE MEDICAL COMMITTEE - MAJORITY DECISION - WHETHER VALID

( STAFF REGULATIONS, ART . 73; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE, ART . 23 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENTS AND OCCUPATIONAL DISEASE - ACCIDENT AND OCCUPATIONAL DISEASE - MEDICAL REPORT - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS, ART . 73; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE, ART . 28 )
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FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF PUBLIC HEALTH - RULES REGULATING THE PRESENCE IN FOODSTUFFS OF RESIDUES OF PESTICIDES NOT COVERED BY THE PROVISIONS OF COMMUNITY LAW - POWERS OF THE MEMBER STATES - PROHIBITION ON THE MARKETING OF FRUIT AND VEGETABLES TREATED WITH MALEIC HYDRAZIDE - PERMISSIBILITY

( EEC TREATY , ARTS 30 AND 36 )

Summary

IN SO FAR AS THE RELEVANT COMMUNITY RULES DO NOT COVER CERTAIN PESTICIDES , THE MEMBER STATES MAY , BY VIRTUE OF ARTICLE 36 OF THE TREATY , REGULATE THE PRESENCE OF RESIDUES OF THOSE PESTICIDES ON FOODSTUFFS IN A WAY WHICH MAY VARY FROM ONE COUNTRY TO ANOTHER ACCORDING TO THE CLIMATIC CONDITIONS , THE NORMAL DIET OF THE POPULATION AND THEIR STATE OF HEALTH , PROVIDED THAT THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS ARE TAKEN INTO ACCOUNT .

IN THAT REGARD THE AUTHORITIES OF AN IMPORTING MEMBER STATE ARE OBLIGED TO AMEND THE RELEVANT RULES OF NATIONAL LAW IF IT APPEARS TO THEM THAT THE REASONS WHICH LED TO THE ADOPTION OF SUCH RULES HAVE CHANGED ; THEY MUST ALSO ALLOW , BY MEANS OF A PROCEDURE THAT IS EASILY ACCESSIBLE TO TRADERS , FOR EXCEPTIONS TO BE MADE WHERE IT APPEARS THAT THE USE OF THE PESTICIDE IN QUESTION FOR A GIVEN PURPOSE IS NOT DANGEROUS TO PUBLIC HEALTH .

AS COMMUNITY LEGISLATION ON FOODSTUFFS TREATED WITH PESTICIDES STANDS AT PRESENT , NEITHER ARTICLES 30 AND 36 OF THE TREATY NOR ANY OTHER PROVISIONS OF COMMUNITY LAW PRECLUDE A MEMBER STATE FROM APPLYING TO FRUIT AND VEGETABLES IMPORTED FROM ANOTHER MEMBER STATE ITS OWN RULES PROHIBITING THE MARKETING OF THOSE PRODUCTS IF THEY HAVE BEEN TREATED WITH MALEIC HYDRAZIDE .
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COMMON CUSTOMS TARIFF - VALUE OF GOODS FOR CUSTOMS PURPOSES - TRANSACTION VALUE - DETERMINATION - GOODS DAMAGED BEFORE THEIR RELEASE FOR FREE CIRCULATION - PROPORTIONAL REDUCTION

( COUNCIL REGULATION NO 1224/80 , ART . 3 ( 1 ))

Summary

ARTICLE 3 ( 1 ) OF COUNCIL REGULATION NO 1224/80 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES MUST BE INTERPRETED AS MEANING THAT WHERE GOODS BOUGHT FREE OF DEFECTS ARE DAMAGED BEFORE BEING RELEASED FOR FREE CIRCULATION THE PRICE ACTUALLY PAID OR PAYABLE , ON WHICH THE TRANSACTION VALUE IS BASED , MUST BE REDUCED IN PROPORTION TO THE DAMAGE SUFFERED .
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( AGREEMENT BETWEEN THE EEC AND YUGOSLAVIA OF 6 MAY 1980 , PROTOCOL 2 , ART . 5 )

THE RE-INVOICING OF GOODS ORIGINATING IN A CONTRACTING PARTY TO THE INTERIM AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA ON TRADE AND TRADE COOPERATION , WHERE THOSE GOODS HAVE REMAINED UNDER THE SURVEILLANCE OF THE CUSTOMS AUTHORITIES OF A THIRD COUNTRY WHILST IN TRANSIT IN THAT COUNTRY , DOES NOT IN ITSELF CONSTITUTE AN ENTRY INTO COMMERCE OR DELIVERY FOR HOME USE IN THAT THIRD COUNTRY WITHIN THE MEANING OF ARTICLE 5 OF PROTOCOL 2 CONCERNING THE DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS AND METHODS OF ADMINISTRATIVE COOPERATION ANNEXED TO THAT AGREEMENT .

Summary

OPINION OF MR ADVOCATE GENERAL LENZ
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OFFICIALS - ACTION - PRIOR ADMINISTRATIVE COMPLAINT - TIME-LIMITS - BARRING THROUGH LAPSE OF TIME - TIME STARTING TO RUN AGAIN - CONDITIONS - NEW FACT

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

ALTHOUGH ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS PROVIDES THAT ANY OFFICIAL MAY REQUEST THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM , THAT RIGHT DOES NOT ALLOW AN OFFICIAL TO SET ASIDE THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS FOR THE LODGING OF A COMPLAINT AND AN APPEAL BY INDIRECTLY CALLING INTO QUESTION BY MEANS OF A REQUEST A PREVIOUS DECISION WHICH HAS NOT BEEN CHALLENGED WITHIN THE PERIOD PRESCRIBED . ONLY THE EXISTENCE OF NEW SUBSTANTIAL FACTS MAY JUSTIFY THE SUBMISSION OF A REQUEST FOR A REVIEW OF SUCH A DECISION .

THE FACT THAT THE ADMINISTRATION SUBSEQUENTLY RE-EXAMINED THE APPLICANT ' S CASE ON HER REQUEST IN ORDER TO PROVIDE HER WITH FURTHER INFORMATION CANNOT BE REGARDED AS A NEW FACT PERMITTING DEROGATION FROM THE SYSTEM OF MANDATORY TIME-LIMITS .
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1 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAX - COMMON SYSTEM OF VALUE-ADDED TAX - EXEMPTIONS PROVIDED FOR BY THE SIXTH DIRECTIVE - EXEMPTION FOR THE SUPPLY OF BUILDINGS AND THE LAND ON WHICH THEY STAND - SERVICES PROVIDED IN CONNECTION THEREWITH - WHETHER TAXABLE

( COUNCIL DIRECTIVE NO 77/388 , ART . 2 ( 1 ), ART . 13 B ( G ) AND ART . 28 ( 3 ) ( B ))

2 . TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAX - COMMON SYSTEM OF VALUE-ADDED TAX - IMPOSITION OF OTHER NATIONAL TAXES ON TRANSACTIONS ALREADY SUBJECT TO VAT - WHETHER PERMISSIBLE - CONDITIONS

( COUNCIL DIRECTIVE NO 77/388 , ART . 33 )

Summary

1 . BY VIRTUE OF ARTICLE 2 ( 1 ) OF THE SIXTH COUNCIL DIRECTIVE ( NO 77/388 ) ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES THE SUPPLY OF GOODS AND SERVICES UNDER A PARCEL OF CONTRACTS FOR WORK AND SERVICES IN CONNECTION WITH THE CONSTRUCTION OF A BUILDING , EXCEPT THE SUPPLY OF THE BUILDING LAND , ARE SUBJECT TO VALUE-ADDED TAX INASMUCH AS THEY DO NOT FALL WITHIN ONE OF THE EXEMPTIONS PROVIDED FOR BY THE DIRECTIVE IN RESPECT OF THE SUPPLY OF BUILDINGS AND OF THE LAND ON WHICH THEY STAND .

2 . NO PROVISION OF COMMUNITY LAW PROHIBITS A MEMBER STATE FROM LEVYING ON A TRANSACTION WHICH IS SUBJECT TO VALUE-ADDED TAX UNDER DIRECTIVE NO 77/388 OTHER TAXES ON TRANSFERS AND TRANSACTIONS , PROVIDED THAT SUCH TAXES CANNOT BE CHARACTERIZED AS TURNOVER TAXES .
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CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - PROROGATION OF JURISDICTION - WRITTEN AGREEMENT CONTAINING A JURISDICTION CLAUSE AND STIPULATING THAT THE AGREEMENT CAN BE RENEWED ONLY IN WRITING - EXPIRY OF THE AGREEMENT - MAINTENANCE OF BUSINESS RELATIONS BETWEEN THE PARTIES - VALIDITY OF THE JURISDICTION CLAUSE - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 17 )

Summary

ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED AS MEANING THAT WHERE A WRITTEN AGREEMENT CONTAINING A JURISDICTION CLAUSE AND STIPULATING THAT THE AGREEMENT CAN BE RENEWED ONLY IN WRITING HAS EXPIRED BUT HAS CONTINUED TO SERVE AS THE LEGAL BASIS FOR THE CONTRACTUAL RELATIONS BETWEEN THE PARTIES , THE JURISDICTION CLAUSE SATISFIES THE FORMAL REQUIREMENTS IN ARTICLE 17 IF , UNDER THE LAW APPLICABLE , THE PARTIES COULD VALIDLY RENEW THE ORIGINAL AGREEMENT OTHERWISE THAN IN WRITING , OR IF , CONVERSELY , ONE OF THE PARTIES HAS CONFIRMED IN WRITING EITHER THE JURISDICTION CLAUSE OR THE SET OF TERMS WHICH HAS BEEN TACITLY RENEWED AND OF WHICH THE JURISDICTION CLAUSE FORMS PART , WITHOUT ANY OBJECTION FROM THE OTHER PARTY TO WHOM SUCH CONFIRMATION HAS BEEN NOTIFIED .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - QUALITY STANDARDS - SCOPE - DELIVERY OR MARKETING OF PRODUCTS - CONCEPT

( REGULATION NO 1035/72 OF THE COUNCIL , ART . 3 ( 1 ), ( 2 ) AND ( 3 ))

Summary

THE PURCHASE OF FRUIT BY A TRADER DIRECT FROM PRODUCERS AND THE TRANSPORTATION OF SUCH FRUIT TO THE TRADER ' S PREMISES LOCATED OUTSIDE THE AREA OF PRODUCTION BUT WITHIN THE SAME MEMBER STATE CONSTITUTE ACTS OF DELIVERY OR MARKETING REQUIRING COMPLIANCE WITH THE OBLIGATION TO OBSERVE THE COMMON QUALITY STANDARDS REFERRED TO IN ARTICLE 3 ( 1 ) OF REGULATION NO 1035/72 OF THE COUNCIL OF 18 MAY 1972 , UNLESS THOSE OPERATIONS FALL WITHIN ANY OF THE SITUATIONS PROVIDED FOR IN PARAGRAPHS ( 2 ) AND ( 3 ) OF THAT ARTICLE .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - NOT ACCEPTABLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO FULFIL ITS OBLIGATIONS UNDER COMMUNITY DIRECTIVES .
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OFFICIALS - RECRUITMENT - COMPETITION - NOTICE TO ATTEND TESTS - REASONABLE NOTICE - DUTY OF CARE INCUMBENT ON CANDIDATES - SCOPE

( STAFF REGULATIONS , ANNEX III , ART . 1 ( 2 ))

Summary

ALTHOUGH ARTICLE 1 ( 2 ) OF ANNEX III TO THE STAFF REGULATIONS PROVIDES THAT ' NOTICE OF OPEN COMPETITIONS SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NOT LESS THAN ONE MONTH BEFORE THE CLOSING DATE FOR APPLICATIONS AND , WHERE APPLICABLE , NOT LESS THAN TWO MONTHS BEFORE THE DATE OF THE TESTS ' , NO PROVISION OF THE STAFF REGULATIONS REQUIRES THE INSTITUTIONS TO GIVE THE CANDIDATES IN A COMPETITION A SPECIFIC PERIOD OF NOTICE . HOWEVER , THE PERIOD OF NOTICE MUST BE REASONABLE AND MUST SATISFY THE REQUIREMENTS OF SOUND ADMINISTRATION .

SINCE AN INVITATION TO TAKE PART IN A COMPETITION IS SOLELY DESIGNED TO ENABLE CANDIDATES TO ATTEND THE TESTS THE DUTY OF CARE INCUMBENT ON EACH CANDIDATE REQUIRES HIM TO TAKE THE NECESSARY STEPS TO ENSURE THAT HE IS APPRISED OF IT IN GOOD TIME .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - JUSTIFICATION - NOT PERMISSIBLE

( EEC TREATY, ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES
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1 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - MANDATORY NATURE - EXPIRY - REQUEST UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS CAUSING TIME TO START RUNNING AFRESH - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - POINT FROM WHICH TIME RUNS - APPLICATION FOR RECLASSIFICATION - TIME-BARRED - TIME RUNNING AFRESH - CONDITIONS - NEW FACTS

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

Summary

1 . SINCE THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS ARE DESIGNED TO ENSURE THE CERTAINTY OF LEGAL SITUATIONS, THEY ARE MANDATORY AND ARE CONSEQUENTLY BINDING ON THE COURT . AN OFFICIAL OR A MEMBER OF THE TEMPORARY STAFF MAY NOT THEREFORE CONTRIVE TO CAUSE TIME TO RUN AFRESH BY SUBMITTING TO THE APPOINTING AUTHORITY A REQUEST UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS RATHER THAN A COMPLAINT AGAINST THE DECISION ADVERSELY AFFECTING HIM .

2 . ONCE THE TIME-LIMIT FOR BRINGING AN ACTION HAS EXPIRED, AN OFFICIAL OR A MEMBER OF THE TEMPORARY STAFF MAY NOT, BY MEANS OF A REQUEST SUBMITTED UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS, CHALLENGE THE CLASSIFICATION MADE AT THE TIME OF HIS RECRUITMENT UNLESS NEW FACTS HAVE ARISEN WHICH JUSTIFY A RECONSIDERATION OF THE SITUATION .

IN REGARD TO CLASSIFICATION, THE ACT ADVERSELY AFFECTING THE OFFICIAL OR THE MEMBER OF THE TEMPORARY STAFF IS THE DECISION WHICH DEFINES THE DUTIES FOR WHICH HE HAS BEEN APPOINTED AND DEFINITIVELY FIXES THE CORRESPONDING GRADE .
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1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - COPYRIGHT - NATIONAL LEGISLATION PERMITTING THE CHARGING, ON THE PUBLIC USE OF IMPORTED SOUND RECORDINGS, IN ADDITION TO THE PERFORMANCE ROYALTY, OF A SUPPLEMENTARY REPRODUCTION ROYALTY NOT PROVIDED FOR IN THE MEMBER STATE OF ORIGIN - PERMISSIBILITY

( EEC TREATY, ARTS . 30 AND 36 )

2 . COMPETITION - DOMINANT POSITION - COPYRIGHT MANAGEMENT SOCIETY ENJOYING A DE FACTO MONOPOLY - CHARGING, ON THE PUBLIC USE OF IMPORTED SOUND RECORDINGS, IN ADDITION TO THE PERFORMANCE ROYALTY, OF A SUPPLEMENTARY REPRODUCTION ROYALTY NOT PROVIDED FOR IN THE MEMBER STATE OF ORIGIN - NO ABUSE .

( EEC TREATY, ART . 86 )

Summary

1 . ARTICLES 30 AND 36 OF THE EEC TREATY, ON A TRUE CONSTRUCTION, DO NOT PRECLUDE THE APPLICATION OF NATIONAL LEGISLATION ALLOWING A NATIONAL COPYRIGHT-MANAGEMENT SOCIETY TO CHARGE A ROYALTY CALLED A "SUPPLEMENTARY MECHANICAL REPRODUCTION FEE", IN ADDITION TO A PERFORMANCE ROYALTY, ON THE PUBLIC PERFORMANCE OF SOUND RECORDINGS, EVEN WHERE SUCH A SUPPLEMENTARY FEE IS NOT PROVIDED FOR IN THE MEMBER STATE WHERE THOSE SOUND RECORDINGS WERE LAWFULLY PLACED ON THE MARKET .

2 . THE PROHIBITIONS LAID DOWN IN ARTICLE 86 OF THE EEC TREATY, PROPERLY CONSTRUED, DO NOT APPLY TO THE CONDUCT OF A NATIONAL COPYRIGHT-MANAGEMENT SOCIETY SIMPLY BECAUSE IT CHARGES A ROYALTY CALLED A "SUPPLEMENTARY MECHANICAL REPRODUCTION FEE", IN ADDITION TO A PERFORMANCE ROYALTY, ON THE PUBLIC PERFORMANCE OF SOUND RECORDINGS, EVEN WHERE SUCH A SUPPLEMENTARY FEE IS NOT PROVIDED FOR IN THE MEMBER STATE WHERE THOSE SOUND RECORDINGS WERE LAWFULLY PLACED ON THE MARKET .
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1 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - EMPLOYMENT IN THE PUBLIC SERVICE - CONCEPT - RESEARCHERS

( EEC TREATY, ART . 48 ( 4 ) )

2 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - EMPLOYMENT IN THE PUBLIC SERVICE - ADMISSION OF NATIONALS ONLY TO POSTS INVOLVING PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE - WHETHER PERMISSIBLE - EXCLUSION OF NATIONALS OF OTHER MEMBER STATES FROM EMPLOYMENT IN THE PUBLIC SECTOR GENERALLY - NOT PERMISSIBLE

( EEC TREATY, ART . 48 ( 4 ) )

3 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - EMPLOYMENT IN THE PUBLIC SERVICE - EXERCISE OF THE DEROGATION WAIVED BY A MEMBER STATE - CONSEQUENCES - PROHIBITION OF DISCRIMINATION

( EEC TREATY, ART . 48 ( 2 ) AND ( 4 )); REGULATION OF THE COUNCIL NO 1612/68, ART . 7 ( 1 ) AND ( 4 ) )

Summary

1 . RESEARCH POSTS AT THE NATIONAL RESEARCH CENTRE OF A MEMBER STATE DO NOT CONSTITUTE EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE EEC TREATY WHERE THEY DO NOT INVOLVE THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW OR THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE .

2 . COMMUNITY LAW DOES NOT PROHIBIT A MEMBER STATE FROM RESERVING FOR ITS OWN NATIONALS THOSE POSTS WITHIN A CAREER BRACKET IN THE PUBLIC SECTOR WHICH INVOLVE PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW OR THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE . HOWEVER, THE POSSIBILITY THAT NATIONALS OF OTHER MEMBER STATES MIGHT BE EXCLUDED FROM PROMOTION OR TRANSFER TO CERTAIN POSTS MUST NOT HAVE THE EFFECT OF DEBARRING THEM GENERALLY FROM POSTS WHICH ARE NOT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY .

3 . ONCE A MEMBER STATE HAS PERMITTED NATIONALS OF OTHER MEMBER STATES TO OCCUPY POSTS CONSTITUTING EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY, DISCRIMINATORY TREATMENT OF THOSE PERSONS AS REGARDS REMUNERATION OR OTHER CONDITIONS OF EMPLOYMENT WILL CONSTITUTE AN INFRINGEMENT OF ARTICLE 48 ( 2 ) OF THE TREATY AND ARTICLE 7 ( 1 ) AND ( 4 ) OF REGULATION NO 1612/68 .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - WITHDRAWAL - CONDITIONS - ADOPTION OF A FURTHER MEASURE REPEALING OR REPLACING THE EARLIER MEASURE

2 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING THE OFFICIAL - PROMISE TO RECONSIDER A DECISION - NO WITHDRAWAL - INITIAL DECISION UPHELD - CONFIRMATORY MEASURE

Summary

1 . AN ACT OF A COMMUNITY INSTITUTION MAY BE WITHDRAWN ONLY BY AN ACT OF THE SAME INSTITUTION WHICH EITHER EXPRESSLY REPEALS THE EARLIER DECISION OR CONTAINS A NEW DECISION TAKING ITS PLACE .

2 . A SIMPLE PROMISE MADE BY THE ADMINISTRATION TO AN OFFICIAL TO RECONSIDER A PREVIOUS DECISION ADDRESSED TO HIM CANNOT BE REGARDED AS A DECISION WITHDRAWING THE EARLIER ONE, AND A DECISION TO THE EFFECT THAT THERE IS NO REASON TO ALTER THE ORIGINAL DECISION, ON THE GROUND THAT THE CIRCUMSTANCES TAKEN INTO ACCOUNT WERE CORRECTLY ASSESSED, MUST BE REGARDED AS PURELY CONFIRMATORY .