ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - RESETTLEMENT ALLOWANCE - AMOUNT - DETERMINATION - APPLICATION FOR - TIME

( STAFF REGULATIONS, ANNEX VII, ARTICLE 6 ( 3 ))

2 . OFFICIALS - ACTS ADVERSELY AFFECTING - MEANING

( STAFF REGULATIONS, ARTICLE 25, ARTICLE 90 AND ARTICLE 91 )

3 . OFFICIALS - TRANSITIONAL PROVISIONS - TRANSITION FROM THE FORMER ECSC GENERAL REGULATIONS TO THE ECSC STAFF REGULATIONS - RESETTLEMENT ALLOWANCE - CALCULATION

( STAFF REGULATIONS, ECSC, ARTICLE 99 ( 3 ))

Summary

1 . ON APPLICATION TO TERMINATE HIS SERVICE AN OFFICIAL HAS AN INTEREST IN REQUESTING A DEFINITE DECISION AS TO THE AMOUNT OF THE RESETTLEMENT ALLOWANCE .

2 . ONLY THOSE ACTS CAPABLE OF DIRECTLY AFFECTING A PRECISE LEGAL SITUATION CAN BE REGARDED AS ADVERSELY AFFECTING AN OFFICIAL .

3 . A TRANSITIONAL PROVISION ISSUED ON THE TRANSITION TO A LESS GENEROUS SYSTEM DOES NOT NORMALLY SEEK TO GIVE EMPLOYEES GREATER RIGHTS THAN THEY WOULD HAVE HAD UNDER THE SYSTEM WHICH IS REVOKED .

ARTICLE 99 ( 3 ) CANNOT THEREFORE BE INTERPRETED AS ALLOWING A COMBINATION OF THE MORE FAVOURABLE METHOD OF CALCULATION OF ONE SYSTEM WITH THE MORE FAVOURABLE SALARY SCALE OF ANOTHER .
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1 . COMMON CUSTOMS TARIFF - INTERPRETATION - RULES - AIM - CHARACTER - TIME OF APPLICATION

2 . COMMON CUSTOMS TARIFF - INTERPRETATION - RULES - COMMISSION'S EXPLANATORY NOTES - CHARACTER - EFFECT

3 . COMMON CUSTOMS TARIFF - TARIFF HEADING NO 70.11 - CONCEPT

4 . COMMON CUSTOMS TARIFF - TARIFF SUBHEADING 85.20-C - CONCEPT

Summary

1 . THE RULES FOR INTERPRETATION INSERTED INTO THE COMMON CUSTOMS TARIFF PURSUANT TO THE COUNCIL DECISION OF 21 JUNE 1971 WERE DEVISED WITH THE AIM OF COORDINATING, FOR THE TARIFF AS A WHOLE, INTERPRETATION PRACTICES LAID DOWN BY SPECIAL PROVISIONS, SO THAT THEY DO NOT FORM A LEGAL INNOVATION BUT APPLY TO IMPORTS EFFECTED EVEN BEFORE 1 JANUARY 1972 .

2 . THE COMMISSION'S EXPLANATORY NOTES, WHILE CONSTITUTING AN IMPORTANT FACTOR IN INTERPRETING THE COMMON CUSTOMS TARIFF, CANNOT MODIFY ITS TEXT, NOR THE INTRODUCTORY NOTES TO THE CHAPTERS WHICH ARE AN INTEGRAL PART OF THE TARIFF .

3 . THE TERMS 'GLASS ENVELOPES ( INCLUDING BULBS AND TUBES ) FOR ELECTRIC LAMPS' UNDER TARIFF HEADING NO 70.11 OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED TO MEAN THAT THIS INCLUDES ANY ARTICLE OF GLASS INTENDED TO FORM AN ENVELOPE FOR ELECTRIC LAMPS AND TUBES AND HAVING, AS IMPORTED, THE ESSENTIAL CHARACTER OF THE COMPLETE OR FINISHED ARTICLE .

4 . SUBHEADING NO 82.20-C OF THE COMMON CUSTOMS TARIFF MUST BE INTERPRETED TO MEAN THAT IT INCLUDES ANY PART OR COMPONENT OF GLASS INTENDED TO FORM AN ENVELOPE FOR ELECTRIC LAMPS AND TUBES AND NOT FALLING UNDER TARIFF HEADING NO 70.11 .
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1 . EUROPEAN COMMUNITIES - PRIVILEGES AND IMMUNITIES - OFFICIALS - SURVIVORS' PENSIONS - NATIONAL TAXES - EXEMPTION

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, SECOND PARAGRAPH OF ARTICLE 13 )

2 . EUROPEAN COMMUNITIES - PRIVILEGES AND IMMUNITIES - OFFICIALS - SURVIVORS' PENSIONS - NATIONAL TAXES - EXEMPTION - DEATH DUTIES - EXCLUSION

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, SECOND PARAGRAPH OF ARTICLE 13 )

Summary

1 . THE SECOND PARAGRAPH OF ARTICLE 13 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES APPLIES TO THE SURVIVORS' PENSION GRANTED UNDER THE STAFF REGULATIONS OF OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES TO THE WIDOW OF AN OFFICIAL OR OTHER SERVANT .

2 . SINCE DEATH DUTIES ARE LEVIED ONCE ONLY ON AN ESTATE AT THE TIME OF TRANSMISSION, IN SO FAR AS NO DISCRIMINATION IS MADE BETWEEN PERSONS ENTITLED UNDER OFFICIALS OR SERVANTS OF THE COMMUNITIES, AND OTHER TAXPAYERS, THEY DO NOT CONSTITUTE 'NATIONAL TAXES ON SALARIES, WAGES AND EMOLUMENTS PAID BY THE COMMUNITIES' MENTIONED IN THE SECOND PARAGRAPH OF ARTICLE 13 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES .
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TRANSPORT - SOCIAL PROVISIONS - HARMONIZATION - DAILY REST PERIOD - OBLIGATORY OBSERVANCE - PERSONS COVERED

( REGULATION NO 543/69 OF THE COUNCIL, ARTICLE 11 ( 2 ), FIRST PARAGRAPH )

Summary

THE PHRASE 'SHALL HAVE HAD ... A ... REST PERIOD' IN THE FIRST PARAGRAPH OF ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 MUST BE INTERPRETED AS MEANING THAT THE PROVISIONS ON DAILY REST MUST BE OBSERVED BOTH BY CREW MEMBERS THEMSELVES, WHO ARE REQUIRED TO STOP ALL ACTIVITIES REFERRED TO IN ARTICLE 14 OF THE REGULATION FOR THE MINIMUM PERIOD LAID DOWN, AND BY THE EMPLOYER RUNNING A ROAD TRANSPORT UNDERTAKING, WHO IS REQUIRED TO TAKE THE NECESSARY MEASURES TO PERMIT THE CREW MEMBERS TO HAVE THE DAILY REST PERIOD LAID DOWN .
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1 . SERVICES - FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - ABOLITION - DIRECT EFFECT

( EEC TREATY, FIRST PARAGRAPH OF ARTICLE 59 AND THIRD PARAGRAPH OF ARTICLE 60 )

2 . SERVICES - FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - CONDITION OF RESIDENCE - PROHIBITION - PARTICULAR SERVICES - PERSONS ASSISTING ADMINISTRATION OF JUSTICE - PROFESSIONAL RULES - OBSERVANCE OF SUCH RULES - REQUIREMENT OF PROFESSIONAL ESTABLISHMENT - OBJECTIVE NECESSITY - LAWFUL REQUIREMENT

( EEC TREATY, FIRST PARAGRAPH OF ARTICLE 59 AND THIRD PARAGRAPH OF ARTICLE 60 )

Summary

1 . THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 HAVE DIRECT EFFECT AND MAY THEREFORE BE RELIED ON BEFORE NATIONAL COURTS, AT LEAST IN SO FAR AS THEY SEEK TO ABOLISH ANY DISCRIMINATION AGAINST A PERSON PROVIDING A SERVICE BY REASON OF HIS NATIONALITY OR OF THE FACT THAT HE RESIDES IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED .

2 . THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT THE NATIONAL LAW OF A MEMBER STATE CANNOT, BY IMPOSING A REQUIREMENT AS TO HABITUAL RESIDENCE WITHIN THAT STATE, DENY PERSONS ESTABLISHED IN ANOTHER MEMBER STATE THE RIGHT TO PROVIDE SERVICES, WHERE THE PROVISION OF SERVICES IS NOT SUBJECT TO ANY SPECIAL CONDITION UNDER THE NATIONAL LAW APPLICABLE .

HOWEVER, TAKING INTO ACCOUNT THE PARTICULAR NATURE OF THE SERVICES TO BE PROVIDED, SPECIFIC REQUIREMENTS IMPOSED ON THE PERSON PROVIDING THE SERVICE CANNOT BE CONSIDERED INCOMPATIBLE WITH THE TREATY WHERE THEY HAVE AS THEIR PURPOSE THE APPLICATION OF PROFESSIONAL RULES JUSTIFIED BY THE GENERAL GOOD - IN PARTICULAR RULES RELATING TO ORGANIZATION, QUALIFICATIONS, PROFESSIONAL ETHICS, SUPERVISION AND LIABILITY - WHICH ARE BINDING UPON ANY PERSON ESTABLISHED IN THE STATE IN WHICH THE SERVICE IS PROVIDED, WHERE THE PERSON PROVIDING THE SERVICE WOULD ESCAPE FROM THE AMBIT OF THOSE RULES BY BEING ESTABLISHED IN ANOTHER MEMBER STATE .

LIKEWISE, A MEMBER STATE CANNOT BE DENIED THE RIGHT TO TAKE MEASURES TO PREVENT THE EXERCISE BY A PERSON PROVIDING SERVICES WHOSE ACTIVITY IS ENTIRELY OR PRINCIPALLY DIRECTED TOWARDS ITS TERRITORY OF THE FREEDOM GUARANTEED BY ARTICLE 59 FOR THE PURPOSE OF AVOIDING THE PROFESSIONAL RULES OF CONDUCT WHICH WOULD BE APPLICABLE TO HIM IF HE WERE ESTABLISHED WITHIN THAT STATE .

ACCORDINGLY THE REQUIREMENT THAT PERSONS WHOSE FUNCTIONS ARE TO ASSIST THE ADMINISTRATION OF JUSTICE MUST BE PERMANENTLY ESTABLISHED FOR PROFESSIONAL PURPOSES WITHIN THE JURISDICTION OF CERTAIN COURTS OR TRIBUNALS CANNOT BE CONSIDERED INCOMPATIBLE WITH THE PROVISIONS OF ARTICLES 59 AND 60, WHERE SUCH REQUIREMENT IS OBJECTIVELY JUSTIFIED BY THE NEED TO ENSURE OBSERVANCE OF PROFESSIONAL RULES OF CONDUCT CONNECTED, IN PARTICULAR, WITH THE ADMINISTRATION OF JUSTICE AND WITH RESPECT FOR PROFESSIONAL ETHICS .
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1 . OFFICIALS - RECRUITMENT - NOTICE OF VACANT POST - ELIGIBILITY FOR POST - CONDITIONS - OFFICIALS ELIGIBL FOR TRANSFER OR PROMOTION - APPLICATION EXCLUDED - ACT ADVERSELY AFFECTING SUCH OFFICIALS

( STAFF REGULATIONS, ARTICLE 29 ( 1 ) ( A ))

2 . OFFICIALS - RECRUITMENT - POST - POST RESERVED FOR NATIONALS OF A SPECIFIC MEMBER STATE - PROHIBITION - SPECIFIC ABILITIES - REQUIREMENT IN THE INTEREST OF THE SERVICE - PERMISSIBILITY

( STAFF REGULATIONS, ARTICLE 27 )

3 . OFFICIALS - RECRUITMENT - CONDITIONS - THOROUGH KNOWLEDGE OF A LANGUAGE - REQUIRED LEVEL OF KNOWLEDGE

( STAFF REGULATIONS, ARTICLE 27 )

Summary

1 . TO THE EXTENT TO WHICH THE CONDITIONS FOR APPOINTMENT TO A POST DEFINED BY THE VACANCY NOTICE HAVE THE EFFECT OF EXCLUDING THE APPLICATIONS OF OFFICIALS ELIGIBLE FOR TRANSFER OR PROMOTION, THE VACANCY NOTICE AMOUNTS TO AN ACT ADVERSELY AFFECTING THOSE OFFICIALS .

2 . WHILST THE STAFF REGULATIONS PROHIBIT THE RESERVING OF A POST FOR NATIONALS OF A SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY NEVERTHELESS MAKE ITS SELECTION, WHEN RECRUITING AN OFFICIAL, DEPENDING UPON SPECIFIC KNOWLEDGE REQUIRED IN THE INTERESTS OF THE SERVICE .

3 . WHERE A 'THOROUGH' KNOWLEDGE OF A LANGUAGE, OTHER THAN THAT OF THE MOTHER-TONGUE, IS REQUIRED FOR ULTIMATE APPOINTMENT, THE LEVEL OF KNOWLEDGE REQUIRED MUST BE ONE APPROPRIATE TO THE ACTUAL REQUIREMENTS OF THE SERVICE .
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1 . ACTS OF AN INSTITUTION - STATEMENT OF REASONS - CRITERIA

( EEC TREATY, ARTICLE 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISTURBANCE - INTERVENTION MEASURES - CHOICE - COMMISSION'S POWER OF APPRAISAL - REVIEW BY THE COURT - COMPETENCE OF THE JUDGE - LIMITS

3 . REGULATIONS - TRANSITIONAL LAW - REQUIREMENTS OF LEGAL CERTAINTY

Summary

1 . THE STATEMENT OF REASONS IN AN ACT OF AN INSTITUTION MUST BE CONSIDERED IN THE CONTEXT OF THE COMPLEX OF REGULATIONS OF WHICH THIS ACT FORMS PART .

2 . THE COMMISSION ENJOYS A SIGNIFICANT FREEDOM OF EVALUATION BOTH AS REGARDS THE TAKING INTO ACCOUNT OF POSSIBLE FACTORS OF DISTURBANCE AND THE CHOICE OF MEANS FOR DEALING WITH THEM, WHICH MUST BE EXERCISED IN THE LIGHT OF THE OBJECTIVES OF ECONOMIC POLICY WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .

WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY, BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWER .

3 . THE PROVISIONS OF A REGULATION WHICH INTRODUCES CHANGES IN THE NORMALLY PREPARED PLANS OF ACTIVITY OF UNDERTAKINGS CANNOT BE APPLIED IN A MANNER CONTRARY TO THE REQUIREMENTS OF LEGAL CERTAINTY .
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1 . ACTION FOR DAMAGES - NATURE - INDEPENDENT FORM OF ACTION

( EEC TREATY, ARTICLES 178 AND 215 )

2 . NON-CONTRACTUAL LIABILITY OF THE COMMUNITY - SCOPE - DEBT OWED BY A MEMBER STATE

3 . ACTION FOR DAMAGES - ADMISSIBILITY - INJURY CAUSED BY THE COMMUNITY - ALLEGATION - CONDITION

( EEC TREATY, ARTICLES 178 AND 215 )

Summary

1 . THE ACTION FOR DAMAGES PROVIDED FOR IN ARTICLES 178 AND 215 OF THE TREATY WAS INCLUDED AS AN INDEPENDENT FORM OF ACTION WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF LEGAL REMEDIES AND SUBJECT TO CONDITIONS ON ITS USE ARISING OUT OF ITS SPECIFIC AIM .

2 . A REFUSAL BY A COMMUNITY INSTITUTION TO PAY A DEBT OWED BY A MEMBER STATE TO AN EXPORTER UNDER COMMUNITY LAW IS NOT A MATTER INVOLVING THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY .

3 . FOR AN ACTION INVOLVING NON-CONTRACTUAL LIABILITY TO LIE IT IS NECESSARY THAT AN INJURY ARISING FROM AN ACT OR OMISSION OF THE COMMUNITY BE CAPABLE OF ADVERSELY AFFECTING THE APPLICANT BE ALLEGED .
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1 . SOCIAL SECURITY OF MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - LEGISLATION APPLICABLE - PLACE AT WHICH A WORKER BECOMES UNEMPLOYED

( REGULATION NO 1408/71 OF THE COUNCIL, ARTICLE 69 )

2 . SOCIAL SECURITY OF MIGRANT WORKERS - ACQUISITION OF RIGHT TO BENEFIT - INSURANCE PERIODS - PERIODS TREATED AS SUCH - PERIODS OF UNEMPLOYMENT - EARLY RETIREMENT - UNEMPLOYMENT - SPECIAL CONDITION - COMPLETION WITHIN TERRITORY OF STATE WHERE RIGHT TO RETIREMENT IS ACQUIRED - PERIODS OF UNEMPLOYMENT COMPLETED WITHIN THE TERRITORY OF OTHER MEMBER STATES - EXCLUSION

( REGULATION NO 3 OF THE COUNCIL, ARTICLES 1 ( R ) AND 27 ( 1 )) ( REGULATION NO 1408/71 OF THE COUNCIL, ARTICLES 1 ( S ) AND 45 ( 1 ))

Summary

1 . COMMUNITY LAW DOES NOT IN PRINCIPLE PROVIDE FOR THE RIGHT OF AN UNEMPLOYED WORKER TO CLAIM UNEMPLOYMENT BENEFITS UNDER THE LEGISLATION OF A MEMBER STATE OTHER THAN THE STATE IN WHICH HE BECAME UNEMPLOYED .

2 . THE INSURANCE PERIODS TO BE AGGREGATED FOR THE ACQUISITION OF THE RIGHT TO A RETIREMENT PENSION MAY INCLUDE A PERIOD OF UNEMPLOYMENT WHICH IS REGARDED AS EQUIVALENT TO A PERIOD OF EMPLOYMENT BY THE LEGISLATION UNDER WHICH IT WAS COMPLETED .

ON THE OTHER HAND, WHEN NATIONAL LEGISLATION MAKES THE EARLY ACQUISITION OF THE RIGHT TO A RETIREMENT PENSION CONDITIONAL UPON THE PERSON CONCERNED HAVING BEEN UNEMPLOYED FOR A CERTAIN TIME AS WELL AS UPON THE COMPLETION OF A PERIOD OF MEMBERSHIP OF A SOCIAL INSURANCE SCHEME AND WHEN THEREFORE THE LENGTH OF THE PERIOD OF UNEMPLOYMENT IS NOT INTENDED TO BE AGGREGATED TO OBTAIN THE MINIMUM PERIOD OF MEMBERSHIP REQUIRED OR TO BE USED IN THE CALCULATION OF THE BENEFIT THERE ARE NO GROUNDS FOR TAKING INTO ACCOUNT A PERIOD OF UNEMPLOYMENT COMPLETED IN ANOTHER MEMBER STATE .
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QUESTIONS REFERRED FOR PRELIMINARY RULING - NATURE OF QUESTIONS - NATIONAL LEGISLATION - INTERPRETATION - PENSION - CLASSIFICATION IN RELATION TO ANOTHER NATIONAL LEGISLATIVE SYSTEM - LACK OF JURISDICTION ON THE PART OF THE COURT

( EEC TREATY, ARTICLE 177 )

Summary

THE COURT HAS NO JURISDICTION TO GIVE A PRELIMINARY RULING ON THE QUESTION OF THE CLASSIFICATION UNDER THE LEGISLATION OF ONE MEMBER STATE OF A BENEFIT AWARDED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE, AS SUCH A QUESTION PERTAINS TO NATIONAL LAW ALONE .
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COMPETITION - DOMINANT POSITION - CONCEPT - EXPLOITATION - ABUSE

( EEC TREATY, ARTICLE 86 )

Summary

WHEN COMBINED WITH THE FREEDOM OF THE MANUFACTURER OR ITS AUTHORIZED AGENT APPOINTED BY THE PUBLIC AUTHORITY TO FIX THE PRICE FOR ITS SERVICE, THE DELEGATION BY A MEMBER STATE TO SUCH PERSON IN THE FORM OF A LEGAL MONOPOLY OF THE DUTY GOVERNED BY PUBLIC LAW WHICH CONSISTS IN CARRYING OUT THE TECHNICAL INSPECTION OF VEHICLES BEFORE THEY ARE USED ON THE PUBLIC HIGHWAY, LEADS TO THE CREATION OF A DOMINANT POSITION .

THE ABUSE OF SUCH A POSITION MAY BE, INTER ALIA, IN THE IMPOSITION OF A PRICE WHICH IS EXCESSIVE IN RELATION TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED, AND WHICH HAS THE EFFECT OF CURBING PARALLEL IMPORTS BY NEUTRALIZING THE POSSIBLY MORE FAVOURABLE PRICE LEVELS APPLYING IN OTHER SALES AREAS IN THE COMMUNITY OR BY LEADING TO UNFAIR TRADING IN THE SENSE OF ARTICLE 86 ( 2 ) ( A ).
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1 . COMMON CUSTOMS TARIFF - INTERPRETATION - ABSENCE OF COMMUNITY PROVISIONS - CONVENTION ON THE BRUSSELS NOMENCLATURE - EXPLANATORY NOTES - AUTHORITY

2 . COMMON CUSTOMS TARIFF - SUBHEADINGS 69.12 A AND 69.12 C ; 69.13 A AND 69.13 C - INTERPRETATION - DISTINCTION

Summary

1 . IT IS ESTABLISHED THAT IN THE ABSENCE OF COMMUNITY MEASURES , OF EXPLANATORY NOTES AND OTHER INFORMATION SUPPLIED BY THE COMMUNITY AUTHORITIES , THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE ARE AN AUTHORITATIVE AID TO THE INTERPRETATION OF HEADINGS IN THE COMMON CUSTOMS TARIFF .

2 . SUBHEADINGS 69.12 A AND 69.12 C ( TABLEWARE ' OF COMMON POTTERY ' AND ' OF FINE POTTERY ' ) AND SUBHEADINGS 69.13 A AND 69.13 C ( STATUETTES AND OTHER ORNAMENTS OF ' COMMON POTTERY ' AND OF ' OTHER KINDS OF POTTERY ' ) MUST BE INTERPRETED AND DISTINGUISHED IN TERMS OF THE FINENESS OF THE GRAIN AND THE HOMOGENEITY OF THE STRUCTURE SO THAT A VERY FINE AND HOMOGENEOUS PRODUCT CANNOT BE CLASSIFIED AS A PRODUCT OF COMMON POTTERY .

ALTHOUGH THE OPINION ISSUED IN JUNE 1972 BY THE COMMITTEE ON NOMENCLATURE , ESTABLISHED BY REGULATION NO 97/69 OF THE COUNCIL OF THE EEC , IS NOT BINDING AND RELATES TO A HEADING WHICH IS NOT ONE OF THOSE AT ISSUE IN THE PRESENT CASE , IT REPRESENTS A VALID EVIDENCE FOR THE ABOVE PURPOSES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - LEVY - IMPOSITION - DATE

( ARTICLE 17 OF REGULATION NO 19 OF THE COUNCIL ; ARTICLE 15 OF REGULATION NO 120/67/EEC OF THE COUNCIL )

2 . CUSTOMS DUTY TO BE APPLIED TO GOODS DECLARED FOR INTERNAL CONSUMPTION - RATE - DETERMINATION - DATE - RECOMMENDATION OF THE COMMISSIE OF 25 MAY 1962 - APPLICATION TO LEVIES - NOT PERMISSIBLE

Summary

1 . THE ' DAY OF IMPORTATION ' REFERRED TO IN ARTICLE 17 OF REGULATION NO 19 AND IN ARTICLE 15 OF REGULATION NO 120/67/EEC IS THE DAY ON WHICH THE IMPORT DECLARATION FOR THE GOODS IS ACCEPTED BY THE CUSTOMS AUTHORITIES .

2 . THE RECOMMENDATION OF THE COMMISSION OF 25 MAY 1962 CONCERNING THE DATE TO BE TAKEN INTO ACCOUNT IN DETERMINING THE RATE OF CUSTOMS DUTY TO BE APPLIED TO GOODS DECLARED FOR INTERNAL CONSUMPTION CANNOT APPLY TO LEVIES .
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1 . OFFICIALS - APPOINTMENT - METHOD

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 1 )

2 . OFFICIALS - RECRUITMENT - PROCEDURE - CRITERIA - LAID DOWN BY THE ADMINISTRATION - GRADING COMMITTEE - SETTING UP THEREOF - NATURE OF INTERNAL MEASURES - RIGHTS OF THOSE CONCERNED - ABSENCE THEREOF - NOTIFICATION OF THE LATTER - DUTY ON THE PART OF THE ADMINISTRATION - NONE

3 . OFFICIALS - APPEALS - RECRUITMENT - PROCEDURE - CRITERIA LAID DOWN BY THE ADMINISTRATION - DISCOVERY BY A CANDIDATE - NEW FACT SUCH AS TO START THE PERIOD FOR LODGING AN APPEAL TO RUN AFRESH - ABSENCE THEREOF

Summary

1 . THE APPOINTMENT OF AN OFFICIAL CANNOT BE THE OUTCOME OF AN AGREEMENT BUT IS BASED ON A UNILATERAL DECISION OF THE APPOINTING AUTHORITY .

2 . CRITERIA FOR RECRUITMENT INTENDED TO FACILITATE THE SELECTION OF CANDIDATES BY THE APPOINTING AUTHORITY ON THE RECOMMENDATION OF A GRADING COMMITTEE AND THE SETTING UP OF SUCH A COMMITTEE CONSTITUTE PURELY INTERNAL MEASURES WHICH DO NOT CONFER RIGHTS OR EXPECTATIONS OF ANY KIND WHATSOEVER ON THOSE CONCERNED . THEY LEAVE THE APPOINTING AUTHORITY FREE TO TAKE DECISIONS REGARDING THE GRADES TO BE OFFERED FOR THE RECRUITMENT OF CANDIDATES . THE FACT THAT THE CANDIDATES WERE NOT INFORMED OF THE CRITERIA FOR RECRUITMENT DOES NOT , THEREFORE , CONSTITUTE AN OMISSION SINCE THESE CANDIDATES CANNOT CALL THEM IN AID NOR A FORTIORI CHALLENGE IN PROCEEDINGS BEFORE THIS COURT THE CORRECTNESS OF THE ASSESSMENTS MADE IN THEIR CASE WHEN THOSE CRITERIA WERE APPLIED .

3 . THE DISCOVERY BY THE PERSON CONCERNED OF THE EXISTENCE OF CRITERIA FOR RECRUITMENT LAID DOWN BY THE ADMINISTRATION CANNOT CONSTITUTE A NEW FACT SUCH AS TO START THE PERIOD FOR LODGING APPEALS TO RUN AFRESH .
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1 . AGRICULTURE - AGRICULTURAL PRODUCTS - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - BASIC PRINCIPLES - PURPOSE

2 . AGRICULTURE - AGRICULTURAL PRODUCTS - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - EFFECTS - POSITION OF IMPORTERS AND EXPORTERS IN THE MEMBER STATES - DIFFERENCES - COMPLETE COMPENSATION - NON-EXISTENCE

3 . AGRICULTURE - AGRICULTURAL PRODUCTS - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - CALCULATION - FACTORS - FIXING - DATE SUBSEQUENT TO THE PERIOD OF APPLICABILITY OF THE COMPENSATORY AMOUNTS - RETROACTIVE EFFECT - ABSENCE

4 . AGRICULTURE - AGRICULTURAL PRODUCTS - TRADE - MEMBER STATES - THIRD COUNTRIES - MONETARY COMPENSATORY AMOUNTS - REGULATIONS OF THE COMMISSION OF 1 MARCH 1973 AND 23 MARCH 1973 - VALIDITY

Summary

1 . THE WHOLE SYSTEM OF MONETARY COMPENSATORY AMOUNTS IS FOUNDED ON THE PRINCIPLE THAT THESE AMOUNTS ARE NOT BASED ON THE PRICES IN FACT PAID FOR THE GOODS , BUT ON BASIC AMOUNTS FIXED BY THE COMMISSION FROM WEEK TO WEEK .

ALTHOUGH THIS PRINCIPLE MAY BRING ABOUT DISADVANTAGES IN INDIVIDUAL CASES IN ALL THE SECTORS OF AGRICULTURAL PRODUCTS CONCERNED , IT IS NEVERTHELESS UNAVOIDABLE BECAUSE OF THE NECESSITY OF OBTAINING UNIFORMITY IN ITS APPLICATION AND OF ENSURING THAT IT IS ADMINISTERED WITH THE UTMOST POSSIBLE DESPATCH .

THE PURPOSE OF THE SYSTEM OF COMPENSATORY AMOUNTS IS NOT TO INDEMNIFY THE PARTIES CONCERNED AGAINST THE CONSEQUENCES OF DISTURBANCES ON THE WORLD CURRENCY MARKETS , BUT TO RENDER THE FUNCTIONING OF THE COMMON ORGANIZATIONS OF AGRICULTURAL MARKETS POSSIBLE NOTWITHSTANDING THE FLUCTUATIONS IN THE CURRENCIES OF THE MEMBER STATES .

2 . IT WOULD BE EXPECTING TO MUCH TO REQUIRE THE SYSTEM OF COMPENSATORY AMOUNTS TO ELIMINATE COMPLETELY THE DIFFERENCES IN SITUATION OF IMPORTERS OR EXPORTERS IN THE MEMBER STATES AND TO SHELTER THEM FROM ALL THE CONSEQUENCES OF THE VARIATIONS IN THE RATE OF EXCHANGE OF THE NATIONAL CURRENCIES .

3 . AS REGARDS MONETARY COMPENSATORY AMOUNTS THE FACT THAT THE FACTORS NECESSARY FOR THEIR CALCULATION ARE ONLY DETERMINED AFTER THE PERIOD DURING WHICH THE SAID AMOUNTS HAVE BECOME APPLICABLE IS INHERENT IN THE SYSTEM ITSELF AND CANNOT BE CONSIDERED , ON SUCH GROUNDS , AS GIVING THE RULES A RETROACTIVE EFFECT .

4 . REGULATION NO 648/73 OF THE COMMISSION OF 1 MARCH 1973 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF ' MONETARY ' COMPENSATORY AMOUNTS AND REGULATION NO 905/73 OF THE COMMISSION OF 23 MARCH 1973 FIXING THE AMOUNT BY WHICH THE ' MONETARY ' COMPENSATORY AMOUNTS ARE TO BE ADJUSTED ARE VALID .
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' CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENT , ARTICLE 5 ( 3 ) ( LIABILITY IN TORT , DELICT OR QUASI-DELICT ' )

CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - POLLUTION OF THE ATMOSPHERE OR OF WATER - DISPUTE OF AN INTERNATIONAL CHARACTER - MATTERS RELATING TO TORT , DELICT OR QUASI-DELICT - COURTS HAVING JURISDICTION - SPECIAL JURISDICTION - PLACE WHERE THE HARMFUL EVENT OCCURRED - PLACE OF THE EVENT GIVING RISE TO THE DAMAGE AND PLACE WHERE THE DAMAGE OCCURRED - CONNECTING FACTORS OF SIGNIFICANCE AS REGARDS JURISDICTION - RIGHT OF PLAINTIFF TO ELECT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 3 ))

Summary

WHERE THE PLACE OF THE HAPPENING OF THE EVENT WHICH MAY GIVE RISE TO LIABILITY IN TORT , DELICT OR QUASI-DELICT AND THE PLACE WHERE THAT EVENT RESULTS IN DAMAGE ARE NOT IDENTICAL , THE EXPRESSION ' PLACE WHERE THE HARMFUL EVENT OCCURRED ' , IN ARTICLE 5 ( 3 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS , MUST BE UNDERSTOOD AS BEING INTENDED TO COVER BOTH THE PLACE WHERE THE DAMAGE OCCURRED AND THE PLACE OF THE EVENT GIVING RISE TO IT . THE RESULT IS THAT THE DEFENDANT MAY BE SUED , AT THE OPTION OF THE PLAINTIFF , EITHER IN THE COURTS FOR THE PLACE WHERE THE DAMAGE OCCURRED OR IN THE COURTS FOR THE PLACE OF THE EVENT WHICH GIVES RISE TO AND IS AT THE ORIGIN OF THAT DAMAGE .
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DIRECTIVES - MANDATORY NATURE - TIME-LIMITS - COMPLIANCE THEREWITH

( EEC TREATY , ARTICLE 189 )

Summary

THE MANDATORY NATURE OF DIRECTIVES ENTAILS THE OBLIGATION FOR ALL MEMBER STATES TO COMPLY WITH THE TIME-LIMITS CONTAINED THEREIN IN ORDER THAT THEIR IMPLEMENTATION SHALL BE ACHIEVED UNIFORMLY WITHIN THE WHOLE COMMUNITY .
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QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPTS - EXPORT LICENCE - REQUIREMENT - PROHIBITION

( EEC TREATY , ARTICLE 34 )

Summary

THE EXPRESSION ' QUANTITATIVE RESTRICTIONS ON EXPORTS AND ANY MEASURES HAVING EQUIVALENT EFFECT ' CONTAINED IN ARTICLE 34 OF THE EEC TREATY MUST BE UNDERSTOOD AS APPLYING TO RULES ADOPTED BY A MEMBER STATE WHICH REQUIRE IN RESPECT ONLY OF THE EXPORT OF CERTAIN GOODS EITHER A LICENCE OR A STANDARDS CERTIFICATE WHICH IS ISSUED IN PLACE OF SUCH LICENCE AND MAY BE REFUSED IF THE QUALITY DOES NOT CONFORM TO CERTAIN STANDARDS LAID DOWN BY THE BODY ISSUING THE SAID CERTIFICATE , EVEN IF SUCH CERTIFICATE DOES NOT GIVE RISE TO THE IMPOSITION OF A CHARGE .