ddrg/super_eurlex huggingface dataset:
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1 . ECSC - PRINCIPLES - PUBLICITY - PURPOSE - SAFEGUARDING EQUAL ACCESS TO SOURCES OF PRODUCTION - COMBATING DISCRIMINATORY PRACTICES

( ECSC TREATY , ARTS 3 ( B ), 5 AND 47 )

2 . ECSC - INSTITUTIONS - COMMISSION - DUTY TO PUBLISH INFORMATION USEFUL TO UNDERTAKINGS - DUTY NOT TO DISCLOSE INFORMATION SUBJECT TO BUSINESS SECRECY - NEED TO RECONCILE THOSE DUTIES

( ECSC TREATY , ART . 47 )

3 . ECSC - INSTITUTIONS - COMMISSION - DUTY TO PUBLISH INFORMATION USEFUL TO UNDERTAKINGS - STEEL PRODUCTION QUOTAS - DISCLOSURE OF ADJUSTMENTS GRANTED PURSUANT TO GENERAL DECISIONS NOS 2177/83 AND 234/84 - SCOPE

( ECSC TREATY , ART . 47 ; GENERAL DECISIONS NOS 2177/83 AND 234/84 , ARTS 10 , 14 , 14C AND 16 )

Summary

1 . EQUAL ACCESS MUST BE SECURED FOR ALL COMPARABLY PLACED UNDERTAKINGS WITHIN THE COMMON MARKET PURSUANT TO ARTICLE 3 ( B ) OF THE ECSC TREATY , AND DISCRIMINATORY PRACTICES THWARTED BY MEANS OF THE DISCLOSURE OF THE RELEVANT INFORMATION TO UNDERTAKINGS . AS A RESULT , THE PRINCIPLES OF PUBLICITY AND NON-DISCRIMINATION ARE LINKED AS REGARDS THEIR PURPOSE .

2 . ALTHOUGH THE COMMISSION IS UNDER A DUTY TO PUBLISH INFORMATION LIKELY TO BE USEFUL TO UNDERTAKINGS , AND ALTHOUGH THE INFORMATION OBTAINED FROM UNDERTAKINGS BY THE COMMISSION , AFTER DUE VERIFICATION , IS ALSO SUBJECT TO THAT DUTY OF PUBLICATION , THE AUTHORS OF THE TREATY WERE AT PAINS TO ENSURE , IN ARTICLE 47 , THAT BUSINESS SECRECY IS RESPECTED , THEREBY ENSURING PROTECTION FOR THE LEGITIMATE INTERESTS OF UNDERTAKINGS AND PROVIDING A QUID PRO QUO FOR THE DUTY TO SUPPLY INFORMATION TO THE COMMISSION . AS A RESULT , IT IS NECESSARY TO BALANCE THE NEED FOR TRANSPARENCY OF THE COMMON MARKET IN STEEL PRODUCTS AGAINST THE NEED TO PROTECT THE BUSINESS SECRECY OF INDIVIDUAL UNDERTAKINGS . THE ONLY WAY OF STRIKING SUCH A BALANCE IS TO EXAMINE THE SPECIFIC SITUATION OF THE UNDERTAKINGS CONCERNED .

3 . WHILST THE COMMISSION IS NOT ENTITLED TO REFUSE TO DISCLOSE THE QUOTA ADJUSTMENTS GRANTED PURSUANT TO ARTICLES 10 AND 14C OF GENERAL DECISIONS NOS 2177/83 AND 234/84 SOLELY ON THE GROUND THAT TO DO SO WOULD CONSTITUTE PER SE A BREACH OF BUSINESS SECRECY , THAT IS NOT THE CASE AS REGARDS THE QUOTA ADJUSTMENTS GRANTED PURSUANT TO ARTICLES 14 AND 16 OF THE TWO GENERAL DECISIONS , WHICH MAY BE GRANTED ONLY IN THE EVENT OF ' EXCEPTIONAL DIFFICULTIES ' SUFFERED BY THE UNDERTAKING CONCERNED . SINCE THE COMMISSION ' S PRACTICE IS TO GRANT SUCH ADJUSTMENTS ONLY WHERE THE EXCEPTIONAL DIFFICULTIES ARE OF A FINANCIAL NATURE , PUBLICATION OF THE IDENTIFICATION OF THE UNDERTAKING , OF THE QUOTA ADJUSTMENT GRANTED TO IT AND OF THE LEGAL BASIS FOR THAT ADJUSTMENT MIGHT SERIOUSLY AFFECT THE OPERATION OF THE UNDERTAKING OR EVEN ITS CONTINUED EXISTENCE .
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FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF PUBLIC HEALTH - COMPOUND FEEDINGSTUFFS - MANUFACTURE AND MARKETING GOVERNED BY A COHERENT AND COMPLETE SET OF DIRECTIVES HARMONIZING NATIONAL LEGISLATION - UNILATERAL NATIONAL MEASURES - NOT PERMISSIBLE

( EEC TREATY , ARTS 30 AND 36 ; COUNCIL DIRECTIVES 70/524 , 74/63 AND 79/373 )

Summary

DIRECTIVES 70/524 , 74/63 AND 79/373 CONSTITUTE A COHERENT SYSTEM COVERING THE MANUFACTURE AND MARKETING OF COMPOUND FEEDINGSTUFFS INCLUDING THE QUESTION OF ADDITIVES AND UNDESIRABLE SUBSTANCES , WHICH THEY REGULATE IN AN EXHAUSTIVE MANNER . FEEDINGSTUFFS SATISFYING THE REQUIREMENTS LAID DOWN BY THOSE DIRECTIVES SHOULD BE ABLE TO CIRCULATE FREELY WITHIN THE COMMUNITY , SUBJECT TO THE UNILATERAL MEASURES WHICH THE MEMBER STATES MAY ADOPT USING THE EMERGENCY PROCEDURES PROVIDED FOR BY DIRECTIVES 70/524 AND 74/63 .

IT FOLLOWS THAT A MEMBER STATE CANNOT INVOKE ARTICLE 36 OF THE EEC TREATY TO JUSTIFY NATIONAL MEASURES NOT PROVIDED FOR BY THE DIRECTIVES AND CONSTITUTING AN OBSTACLE TO IMPORTS THAT CONCERN THE PERMITTED LEVEL IN THOSE FEEDINGSTUFFS OF SUBSTANCES FALLING WITHIN THE CATEGORY OF ADDITIVES OR UNDESIRABLE SUBSTANCES . ONLY THE PROCEDURES PROVIDED FOR IN DIRECTIVES 70/524 AND 74/63 MAY BE USED TO RESOLVE ANY PUBLIC HEALTH PROBLEMS WITH WHICH A MEMBER STATE ALLEGES IT MUST DEAL . BY ACTING UNILATERALLY OUTSIDE THOSE PROCEDURES A MEMBER STATE NOT ONLY DEROGATES FROM THE DIVISION OF POWERS LAID DOWN BY THE DIRECTIVES PURSUANT TO THE EEC TREATY BUT ALSO INFRINGES THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS SET OUT IN ARTICLE 30 OF THE EEC TREATY AND CONFIRMED BY THE RELEVANT PROVISIONS OF THE THREE DIRECTIVES IN QUESTION .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RULES ON THE PRICE OF FUEL - PROHIBITION - CRITERIA

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - PUBLIC POLICY - RULES ON THE PRICE OF FUEL - JUSTIFICATION - NONE

( EEC TREATY , ART . 36 )

Summary

1 . ARTICLE 30 OF THE EEC TREATY PROHIBITS NATIONAL RULES PROVIDING FOR A MINIMUM PRICE TO BE FIXED BY THE NATIONAL AUTHORITIES FOR THE RETAIL SALE OF FUEL WHERE THE MINIMUM PRICE IS FIXED ON THE BASIS SOLELY OF THE EX-REFINERY PRICES OF THE NATIONAL REFINERIES AND WHERE THOSE EX-REFINERY PRICES ARE IN TURN LINKED TO THE CEILING PRICE WHICH IS CALCULATED ON THE BASIS SOLELY OF THE COST PRICES OF NATIONAL REFINERIES WHEN THE EUROPEAN FUEL RATES ARE MORE THAN 8% ABOVE OR BELOW THOSE PRICES .

2 . LEGISLATION FIXING A MINIMUM PRICE FOR FUEL CANNOT BE REGARDED AS MEETING AN OBJECTIVE OF PUBLIC POLICY FOR THE PURPOSES OF ARTICLE 36 OF THE EEC TREATY .
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OFFICIALS - ACTIONS - TIME-LIMITS - RE-OPENING - NEW FACTOR - NOTE ADDRESSED TO AN OFFICIAL INFORMING HIM OF THE WAY IN WHICH THE LENGTH OF HIS PRACTICAL EXPERIENCE HAD BEEN CALCULATED FOR THE PURPOSE OF HIS CLASSIFICATION UPON RECRUITMENT

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )
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COMMON CUSTOMS TARIFF - HEADINGS - ' COLLECTORS ' PIECES OF ... HISTORICAL INTEREST ' WITHIN THE MEANING OF HEADING NO 99.05 - CONCEPT - DEFINITION

Summary

COLLECTORS ' PIECES WITHIN THE MEANING OF HEADING NO 99.05 OF THE COMMON CUSTOMS TARIFF ARE ARTICLES WHICH POSSESS THE REQUISITE CHARACTERISTICS FOR INCLUSION IN A COLLECTION , THAT IS TO SAY , ARTICLES WHICH ARE RELATIVELY RARE , ARE NOT NORMALLY USED FOR THEIR ORIGINAL PURPOSE , ARE THE SUBJECT OF SPECIAL TRANSACTIONS OUTSIDE THE NORMAL TRADE IN SIMILAR UTILITY ARTICLES AND ARE OF GREATER VALUE .

COLLECTORS ' PIECES WHICH EVIDENCE A SIGNIFICANT STEP IN THE EVOLUTION OF HUMAN ACHIEVEMENT OR ILLUSTRATE A PERIOD OF THAT EVOLUTION ARE TO BE REGARDED AS OF HISTORICAL INTEREST FOR THE PURPOSES OF HEADING NO 99.05 OF THE COMMON CUSTOMS TARIFF .
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1 . OFFICIALS - PENSIONS - TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME - PROCEDURES - ACTUARIAL EQUIVALENT OR SUMS REPAID - CHOICE POSSIBLE - DUTY ON THE PART OF THE ADMINISTRATION - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

2 . OFFICIALS - EQUAL TREATMENT - RESTRICTION OF THE CATEGORIES OF COMMUNITY STAFF WHO ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS - DISCRIMINATION - NONE

3 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - PROCEDURES

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 )

Summary

1 . THE FUNDAMENTAL PURPOSE OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS IS TO ENSURE THE TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME BY ONE OF THE TWO PROCEDURES TO WHICH IT REFERS , THAT IS TO SAY TRANSFER OF THE ACTUARIAL EQUIVALENT OR TRANSFER OF THE SUMS REPAID ; IT DOES NOT , HOWEVER , REQUIRE THAT BOTH PROCEDURES SHOULD BE PROVIDED FOR , WHETHER OR NOT THEY EXIST UNDER NATIONAL LAW .

2 . IT IS NOT POSSIBLE TO QUESTION THE DIFFERENCES IN STATUS BETWEEN THE VARIOUS CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES . ACCORDINGLY , THE FACT THAT SOME CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES MAY ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS WHICH ARE NOT GIVEN TO OTHER CATEGORIES CANNOT BE REGARDED AS DISCRIMINATION .

3 . WHERE PENSION RIGHTS ACQUIRED UNDER A NATIONAL SCHEME ARE TRANSFERRED TO THE COMMUNITY SCHEME , THE ESTABLISHMENT OF THE ACTUARIAL EQUIVALENT BY THE ORIGINAL SOCIAL SECURITY INSTITUTION AND ITS REASSESSMENT ON THE BASIS OF THE RULES APPLICABLE UNDER THE COMMUNITY ' S PENSION SCHEME ARE BASED ON DIFFERENT PARTICULARS AND CONSIDERATIONS REGARDING THE HISTORY OF THOSE CONCERNED , THEIR FUTURE PROSPECTS , THE AMOUNT OF CONTRIBUTIONS AND THE NATURE AND AMOUNT OF BENEFITS , WITH THE RESULT THAT IT DOES NOT SEEM ABNORMAL THAT THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMMUNITY PENSION LEADS TO A DIFFERENT FIGURE FROM THE YEARS OF PENSIONABLE SERVICE TAKEN INTO ACCOUNT BY THE NATIONAL INSTITUTION .
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EUROPEAN COMMUNITIES ' OWN RESOURCES - POST-CLEARANCE RECOVERY OF IMPORT OR EXPORT DUTIES - ARTICLE 8 OF REGULATION NO 1697/79 - A GIVEN ACTION FOR RECOVERY - MEANING - COMBINING OF SEVERAL SEPARATE ACTIONS FOR RECOVERY - PERMISSIBILITY - CONDITIONS

( COUNCIL REGULATION NO 1697/79 , ART . 8 )

Summary

THE TERM ' A GIVEN ACTION FOR RECOVERY ' IN ARTICLE 8 OF COUNCIL REGULATION NO 1697/79 OF 24 JULY 1979 ON THE POST-CLEARANCE RECOVERY OF IMPORT OR EXPORT DUTIES MUST BE INTERPRETED AS REFERRING TO EACH INDIVIDUAL IMPORT OR EXPORT TRANSACTION . THAT INTERPRETATION DOES NOT PRECLUDE THE PRACTICE OF COMBINING SEVERAL SEPARATE ACTIONS FOR RECOVERY IN A SINGLE RECOVERY ORDER PROVIDED THAT THE AMOUNT CONCERNED IN EACH ACTION EXCEEDS THE AMOUNT SPECIFIED IN THE FIRST PARAGRAPH OF THE AFORESAID ARTICLE 8 .
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1 . QUESTIONS SUBMITTED FOR A PRELIMINARY RULING - CRIMINAL NATURE OF THE NATIONAL PROCEEDINGS - IMMATERIAL

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - WINE - GRAPE MUST IN FERMENTATION - INCREASE IN NATURAL ALCOHOLIC STRENGTH BY VOLUME - PRODUCTION OF NEW WINE STILL IN FERMENTATION ( ' FEDERWEISSER ' ) INTENDED FOR SALE TO THE FINAL CONSUMER - PROHIBITION

( COUNCIL REGULATION ( EEC ) NO 337/79 , ART . 36 ( 1 ), FIRST SUBPARAGRAPH )

Summary

1 . ARTICLE 177 OF THE EEC TREATY DRAWS NO DISTINCTION ACCORDING TO THE NATURE , CRIMINAL OR OTHERWISE , OF THE NATIONAL PROCEEDINGS WITHIN THE FRAMEWORK OF WHICH THE PRELIMINARY QUESTIONS HAVE BEEN FORMULATED SINCE THE EFFECTIVENESS OF COMMUNITY LAW CANNOT VARY ACCORDING TO THE VARIOUS BRANCHES OF NATIONAL LAW WHICH IT MAY AFFECT .

2 . THE FIRST SENTENCE OF THE FIRST SUBPARAGRAPH OF ARTICLE 36 ( 1 ) OF REGU LATION ( EEC ) NO 337/79 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE MUST BE INTERPRETED AS MEANING THAT AN INCREASE IN NATURAL ALCOHOLIC STRENGTH BY VOLUME AT THE TIME WHEN GRAPE MUST IN FERMENTATION IS BEING PROCESSED MAY NOT BE AUTHORIZED IF THE MUST IS NOT INTENDED TO BE TURNED INTO WINE SUITABLE FOR YIELDING TABLE WINE OR INTO TABLE WINE BUT IS INTENDED FOR SALE TO THE FINAL CONSUMER AS ' FEDERWEISSER ' ( NEW WINE STILL IN FERMENTATION ).
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OFFICIALS - RECRUITMENT - PROMISES - DISREGARD OF PROVISIONS OF THE STAFF REGULATIONS - LEGITIMATE EXPECTATION - NONE

( STAFF REGULATIONS , ART . 29 )

Summary

ACCORDING TO ARTICLE 29 OF THE STAFF REGULATIONS , THE COMPETITION PROCEDURE IS THE ONLY PROCEDURE , EXCEPT IN THE CASE OF PERSONS IN GRADE A 1 OR A 2 OR , IN EXCEPTIONAL CIRCUMSTANCES , POSTS REQUIRING SPECIAL QUALIFICATIONS , UNDER WHICH AN APPOINTMENT MAY BE MADE TO A POST OF OFFICIAL IN THE COMMUNITY INSTITUTIONS AND THE PROVISIONS GOVERNING THAT PROCEDURE ARE BINDING ON BOTH THE APPOINTING AUTHORITY AND THE SELECTION BOARD . PROMISES WHICH DO NOT TAKE ACCOUNT OF THOSE PROVISIONS CANNOT THEREFORE GIVE RISE TO LEGITIMATE EXPECTATION ON THE PART OF THE PERSON TO WHOM THEY ARE GIVEN .
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1 . FREE MOVEMENT OF PERSONS - EXCEPTIONS - POSTS IN THE PUBLIC SERVICE - CONCEPT - PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND PROTECTION OF THE GENERAL INTERESTS OF THE STATE - NURSING STAFF

( EEC TREATY , ART . 48 ( 4 ))

2 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - APPOINTMENT AND ESTABLISHMENT IN PERMANENT EMPLOYMENT AS NURSES IN PUBLIC HOSPITALS RESTRICTED TO NATIONALS

( EEC TREATY , ART . 48 ( 2 ) AND ( 4 ))

Summary

1 . POSTS IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY ARE THOSE WHICH ARE TYPICAL OF THE SPECIFIC ACTIVITIES OF THE PUBLIC SERVICE IN SO FAR AS THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND RESPONSIBILITY FOR SAFEGUARDING THE GENERAL INTERESTS OF THE STATE ARE VESTED IN IT .

IN VIEW OF THE NATURE OF THE FUNCTIONS AND RESPONSIBILITIES WHICH THEY INVOLVE , POSTS OF NURSES IN PUBLIC HOSPITALS DO NOT FALL WITHIN THAT PROVISION .

2 . THE RESTRICTION BY A MEMBER STATE OF APPOINTMENT AND ESTABLISHMENT IN PERMANENT POSTS AS NURSES IN PUBLIC HOSPITALS TO ITS OWN NATIONALS IS INCOMPATIBLE WITH ARTICLE 48 ( 2 ) OF THE TREATY UNLESS ALL POSTS AS NURSES IN PUBLIC HOSPITALS ARE EQUALLY ACCESSIBLE TO THE NATIONALS OF OTHER MEMBER STATES AND UNLESS SUCH NATIONALS , WHEN RECRUITED , ENJOY CONDITIONS , ADVANTAGES AND SAFEGUARDS WHICH ARE IN EVERY RESPECT EQUIVALENT TO THOSE ENJOYED BY NATIONALS OF THE SAID MEMBER STATE BY VIRTUE OF THEIR STATUS AS MEMBERS OF THE ESTABLISHED STAFF , WITH THE EXCEPTION OF THE POSSIBILITY OF ACCESS TO POSTS IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SEED - PRODUCTION AID - PEAS AND FIELD BEANS INTENDED FOR SOWING - CUMULATION WITH AID FOR THE SAME PRODUCTS USED IN ANIMAL FEED - NOT PERMISSIBLE - DETERMINING WHICH AID SCHEME IS APPLICABLE - CRITERION - ACTUAL USE - UNDUE PAYMENTS - PROTECTION OF LEGITIMATE EXPECTATION - NOT POSSIBLE

( REGULATION ( EEC ) NO 2358/71 OF THE COUNCIL , ARTS 1 AND 3 ( 1 ); COUNCIL REGULATION ( EEC ) NO 1119/78 , ART . 2 ( 1 ); AND COUNCIL REGULATION ( EEC ) NO 2036/82 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - SKIMMED-MILK POWDER AND BUTTER FROM PUBLIC STOCKS - SALE AT REDUCED PRICES - CONVERSION INTO NATIONAL CURRENCY OF THE PRICE EXPRESSED IN UNITS OF ACCOUNT - EXCHANGE RATE APPLICABLE - RATE IN FORCE ON THE DATE OF THE EVENT BY VIRTUE OF WHICH THE AMOUNT INVOLVED IN THE TRANSACTION BECOMES DUE , AS DEFINED BY NATIONAL LAW

( REGULATION ( EEC ) NO 1134/68 OF THE COUNCIL , ARTS 4 AND 6 )

Summary

1 . REGULATION NO 2358/71 , WHOSE PURPOSE IS TO STABILIZE THE MARKET IN SEEDS AND NOT TO ENCOURAGE PRODUCTION OF ANIMAL FEED ( WHICH IS THE PURPOSE OF REGULATION NO 1119/78 ), DOES NOT APPLY TO PEAS AND FIELD BEANS WHICH HAVE BEEN PROCESSED INTO ANIMAL FEED AND HAVE NOT ACTUALLY BEEN USED FOR SOWING , EVEN IF AT A PARTICULAR POINT IN TIME THEY WERE INTENDED FOR SOWING . RECIPIENTS OF SEED AID UNDER REGULATION NO 2358/71 MAY NOT , IN RELATION TO THE SAME PRODUCTS , BE SIMULTANEOUSLY OR SUCCESSIVELY SEED GROWERS AND PRODUCERS OF PEAS AND FIELD BEANS INTENDED FOR ANIMAL FEED AND THUS ALSO QUALIFY FOR AID UNDER REGULATION NO 1119/78 .

SINCE THE TWO AID SCHEMES COULD NOT , EVEN PRIOR TO THE ADOPTION OF REGULATION NO 2036/82 , BE APPLIED CUMULATIVELY , IT WAS NECESSARY IN CASES WHERE CUMULATIVE PAYMENT OF THE AID COULD RESULT FROM THE DEFECTIVE IMPLEMENTATION OF THE SUPERVISORY MEASURES PROVIDED FOR BY THE COMMUNITY RULES , TO APPLY THE AID SCHEME CORRESPONDING TO THE ACTUAL END USE OF THE PRODUCTS .

IN SUCH CIRCUMSTANCES A MEMBER STATE WHICH HAS ERRONEOUSLY APPLIED THE COMMUNITY RULES CANNOT RELY ON THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION IN SEEKING TO CHARGE TO THE EAGGF THE AID UNDULY PAID SINCE , HAVING REGARD TO THEIR CHARACTERISTICS , THE TWO CATEGORIES OF AID ARE SO DIFFERENT FROM ONE ANOTHER THAT CUMULATIVE PAYMENT IS INCONCEIVABLE .

2 . SINCE THE RULES CONCERNING THE MILK PRODUCTS SECTOR DO NOT CONTAIN A DEFINITION OF ' THE EVENT ( BY VIRTUE OF ) WHICH THE ACCOUNT INVOLVED IN THE TRANSACTION BECOMES DUE ' IN SALES BY THE INTERVENTION AUTHORITIES OF SKIMMED-MILK POWDER AND BUTTER AT REDUCED PRICES , ARTICLES 4 AND 6 OF REGULATION NO 1134/68 PROVIDE THAT , FOR THE PURPOSE OF DETERMINING THAT EVENT , ON WHICH THE EXCHANGE RATE FOR THE CONVERSION INTO NATIONAL CURRENCY OF THE SELLING PRICE EXPRESSED IN UNITS OF ACCOUNT DEPENDS , REFERENCE MUST BE MADE TO NATIONAL LAW .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORTATION OF MANIOC FROM THAILAND AT A PREFERENTIAL RATE - CONDITIONS FOR THE ISSUE OF IMPORT LICENCES - COMMISSION' S POWERS OF REVIEW - SCOPE

( COMMISSION REGULATION NO 2029/82, ARTS 6 AND 7, AND COMMISSION REGULATION NO 499/83 )

Summary

THE DETAILED RULES FOR APPLYING THE COOPERATION AGREEMENT BETWEEN THE COMMUNITY AND THAILAND, PERMITTING MANIOC TO BE IMPORTED FROM THAILAND INTO THE COMMUNITY AT A PREFERENTIAL RATE, WERE LAID DOWN BY REGULATION NO 2029/82 . ARTICLE 7 OF THAT REGULATION EMPOWERS THE COMMISSION TO PREVENT THE COMPETENT NATIONAL AUTHORITY FROM ISSUING THE IMPORT LICENCES SOUGHT WHERE "THE CONDITIONS LAID DOWN IN THE COOPERATION AGREEMENT HAVE NOT BEEN FULFILLED ". THE COMMISSION IS THEREFORE REQUIRED TO ASCERTAIN THAT THE ISSUE OF THE LICENCES REQUESTED DOES NOT RESULT IN THE ANNUAL QUOTA STIPULATED BY THE AGREEMENT BEING EXCEEDED . TO THAT END, IT WAS ENTITLED, IN CASE OF DOUBT, TO DEMAND FROM THE TRADER CONCERNED ADDITIONAL INFORMATION WHICH WAS NOT SYSTEMATICALLY REQUIRED BY ARTICLE 6 OF THE AFORESAID REGULATION BEFORE IT WAS AMENDED BY REGULATION NO 499/83 .
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1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONSUMER PROTECTION - PROHIBITION OF THE IMPORTATION AND SALE OF SUBSTITUTES FOR A FOOD PRODUCT - NOT PERMISSIBLE - JUSTIFICATION - PROTECTION OF PUBLIC HEALTH - ABSENCE

( EEC TREATY, ARTS 30 AND 36 )

2 . FREE MOVEMENT OF GOODS - PRINCIPLE - IMPERATIVE NATURE - NATIONAL MEASURES DEROGATING THEREFROM - PROHIBITED - SUPPORT FOR A COMMUNITY POLICY - NOT PERMISSIBLE AS JUSTIFICATION

Summary

1 . A MEMBER STATE MAY NOT RELY ON THE REQUIREMENTS OF CONSUMER PROTECTION IN ORDER TO PROHIBIT THE IMPORTATION AND SALE OF SUBSTITUTES FOR A FOOD PRODUCT ON THE GROUNDS THAT THERE IS A DANGER OF CONFUSION AS TO THE NATURE AND CHARACTERISTICS OF THE SUBSTITUTE AND A DANGER OF THE SUBSTITUTE' S SUPPLANTING THE PRODUCT WITH WHICH IT IS IN COMPETITION, TO THE DETRIMENT OF CONSUMERS' FREEDOM OF CHOICE . ON THE ONE HAND, CONSUMER INFORMATION MAY BE ENSURED BY AN ADEQUATE SYSTEM OF DESCRIPTIONS AND LABELLING AND, ON THE OTHER, THE REQUIREMENTS OF CONSUMER PROTECTION CANNOT AFFORD JUSTIFICATION FOR SHIELDING A PRODUCT FROM THE PRICE COMPETITION RESULTING FROM THE ELIMINATION OF BARRIERS TO INTRA-COMMUNITY TRADE .

LIKEWISE, A MEMBER STATE MAY NOT, WITH THE SAME AIM IN VIEW, RELY ON THE REQUIREMENTS OF THE PROTECTION OF PUBLIC HEALTH ON THE GROUNDS THAT THE NUTRITIONAL VALUE OF THE SUBSTITUTE IS LOWER THAN THAT OF THE PRODUCT IT SERVES TO REPLACE AND THAT IT MAY HAVE HARMFUL EFFECTS ON CERTAIN GROUPS OF THE POPULATION . THE FACT THAT ITS NUTRITIONAL VALUE IS LOWER DOES NOT POSE A REAL THREAT TO HUMAN HEALTH AND ADEQUATE LABELLING WOULD ALLOW PERSONS POTENTIALLY AT RISK FROM THE SUBSTITUTE TO MAKE A FULLY INFORMED DECISION AS TO WHETHER TO USE IT .

2 . NATIONAL MEASURES SUPPORTING A COMMON POLICY OF THE COMMUNITY MAY NOT CONFLICT WITH ONE OF THE FUNDAMENTAL PRINCIPLES - SUCH AS THAT OF THE FREE MOVEMENT OF GOODS - UNLESS THEY ARE JUSTIFIED BY REASONS RECOGNIZED BY COMMUNITY LAW ITSELF .
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1 . COMMON CUSTOMS TARIFF - ALTERATION OR SUSPENSION OF IMPORT DUTIES - DESCRIPTIONS OF THE PRODUCTS CONCERNED - INTERPRETATION - CRITERIA - ' YARN WHOLLY OF POLYGLYCOLLIC ACID ' - YARN CONTAINING ANOTHER SUBSTANCE - EXCLUDED

( EEC TREATY , ART . 28 ; COUNCIL REGULATIONS NOS 1162/79 AND 1481/80 )

2 . COMMON CUSTOMS TARIFF - ALTERATION OR SUSPENSION OF IMPORT DUTIES - DISCRETION OF THE COUNCIL - CONSIDERATION OF THE ESTABLISHED NEEDS OF THE COMMUNITY INDUSTRY

( EEC TREATY , ART . 28 ; COUNCIL REGULATIONS NOS 1162/79 AND 1481/80 )

Summary

1 . IN VIEW OF THE REQUIREMENTS OF LEGAL CERTAINTY AND THE DIFFICULTIES CONFRONTING NATIONAL CUSTOMS ADMINISTRATIONS , THE DESCRIPTIONS OF GOODS ON WHICH AUTONOMOUS COMMON CUSTOMS TARIFF DUTIES HAVE BEEN SUSPENDED PURSUANT TO ARTICLE 28 OF THE EEC TREATY MUST BE INTERPRETED ACCORDING TO OBJECTIVE CRITERIA DERIVED FROM THEIR WORDING . THEY MAY NOT BE APPLIED CONTRARY TO THEIR WORDING TO OTHER GOODS EVEN IF THEIR PROPERTIES AND APPLICATION ARE NO DIFFERENT FROM THOSE COVERED BY THE SUSPENSION AND A LATER AMENDMENT OF THE DESCRIPTION OF A PRODUCT ON WHICH DUTIES HAVE BEEN SUSPENDED CANNOT RETROACTIVELY AFFECT THE INTERPRETATION OF THE DESCRIPTION PREVIOUSLY APPLIED FOR THAT PURPOSE .

THEREFORE , THE DESCRIPTION ' YARN WHOLLY OF POLYGLYCOLLIC ACID ' EX SUBHEADING 51.01 A OF THE COMMON CUSTOMS TARIFF CONTAINED IN COUNCIL REGULATIONS NOS 1162/79 AND 1481/80 DOES NOT COVER YARN COMPOSED OF BOTH POLYGLYCOLLIC ACID AND LACTIC ACID , EVEN IF THE 10% OF LACTIC ACID WHICH IT CONTAINS DOES NOT AFFECT THE PROPERTIES OR USE OF THAT PRODUCT AND A SUBSEQUENT AMENDMENT OF THE REGULATIONS HAS EXTENDED THE SUSPENSION OF DUTIES TO THAT PRODUCT .

2 . ALTHOUGH THE COUNCIL HAS A WIDE DISCRETION IN APPLYING ARTICLE 28 OF THE EEC TREATY REGARDING AUTONOMOUS ALTERATIONS OR SUSPENSIONS OF COMMON CUSTOMS TARIFF DUTIES , THE COUNCIL MUST , WHEN DECIDING TO SUSPEND DUTIES , SELECT OBJECTIVE AND VERIFIABLE CRITERIA STRICTLY LIMITING THE SCOPE OF THE SUSPENSION OF DUTIES TO THE PRODUCTS FOR WHICH THE USER INDUSTRIES OF THE COMMUNITY HAVE CLEARLY DEVELOPED A NEED WHICH THE COUNCIL HAS ACTUALLY BEEN ABLE TO ESTABLISH . WHERE NECESSARY , IT IS FOR THE IMPORTER SEEKING SUCH AN EXEMPTION TO SUBMIT HIS APPLICATION TO THE COMPETENT AUTHORITIES SO THAT AN IMPORTER WHO HAS NOT MADE SUCH AN APPLICATION CANNOT CLAIM THAT HE HAS BEEN THE VICTIM OF ARBITRARY OR DISCRIMINATORY CONDUCT OR A MISUSE OF POWER BECAUSE A DECISION TO SUSPEND DUTIES TAKEN BY THE COUNCIL APPLIES ONLY TO A COMPETITOR ' S PRODUCTS AND NOT TO THE SIMILAR PRODUCTS IMPORTED BY HIM .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - ECSC INDIVIDUAL DECISIONS ADDRESSED TO AN UNDERTAKING - NOTICE GIVEN AT REGISTERED OFFICE - DUE NOTIFICATION - REQUEST FOR NOTICE TO BE GIVEN AT ANOTHER ADDRESS - IMMATERIAL

( ECSC TREATY , ART . 15 , SECOND PARAGRAPH )

2 . PROCEDURE - TIME-LIMITS FOR THE BRINGING OF ACTIONS - EXPIRY - UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE - DEFINITION

Summary

1 . NOTICE OF AN ECSC INDIVIDUAL DECISION ADDRESSED TO AN UNDERTAKING MAY BE PROPERLY AND VALIDLY GIVEN AT THE LATTER ' S REGISTERED OFFICE , EVEN IF THE UNDERTAKING HAS ASKED THE COMMISSION TO GIVE NOTICE AT ANOTHER ADDRESS .

2 . IF NOTICE OF AN ECSC INDIVIDUAL DECISION HAS BEEN PROPERLY AND VALIDLY GIVEN AT THE REGISTERED OFFICE OF THE UNDERTAKING TO WHICH IT IS ADDRESSED , NEITHER THE FACT THAT THE COMMISSION DID NOT REPLY TO THE UNDERTAKING ' S LETTERS SEEKING TO HAVE NOTICE GIVEN AT ANOTHER ADDRESS , NOR THE UNDERTAKING ' S INTERNAL PROBLEMS OF COMMUNICATION CONSTITUTE UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 39 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY .