ddrg/super_eurlex huggingface dataset:
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Keywords

1 . AGRICULTURE - PROCESSED PRODUCTS - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITION - INCIDENCE OF COMPENSATORY AMOUNTS APPLICABLE TO BASIC PRODUCTS ON PRICE OF PROCESSED PRODUCTS

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ( 2 ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - GROUPS OF PRODUCTS - APPLICATION - COMMISSION - DISCRETION

Summary

1 . IN ORDER TO JUSTIFY THE APPLICATION OF COMPENSATORY AMOUNTS TO PROCESSED PRODUCTS , IT IS SUFFICIENT FOR THE COMPENSATORY AMOUNTS APPLICABLE TO THE BASIC PRODUCTS TO HAVE A CONSIDERABLE INCIDENCE ON THE PRICE OF THE PROCESSED PRODUCTS .

2 . THE COMMISSION IS NOT BOUND TO FIX COMPENSATORY AMOUNTS FOR ALL THE PRODUCTS IN A GROUP , BUT MAY ASSESS THE NEED TO APPLY COMPENSATORY AMOUNTS EITHER BY PRODUCTS OR BY GROUPS OF PRODUCTS .

3 . ACCORDING TO THE PROVISIONS OF ARTICLE 26 OF REGULATION NO 2727/75 , IT IS ONLY IF THE COMMISSION ADOPTS MEASURES WHICH ARE NOT IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE THAT THOSE MEASURES MUST BE COMMUNICATED TO THE COUNCIL . IN THESE CIRCUMSTANCES THE ABSENCE OF AN OPINION BY THE COMMITTEE IN NO WAY AFFECTS THE VALIDITY OF THE MEASURES ADOPTED BY THE COMMISSION .
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1 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAX - COMMON SYSTEM OF VALUE-ADDED TAX - SPECIAL NATIONAL SYSTEMS - CONDITIONS FOR ADOPTION - MANDATORY CONSULTATION WITH COMMISSION - ARRANGEMENTS THEREFOR

( COUNCIL DIRECTIVE NO 67/228 , ART . 16 )

2 . TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAX - COMMON SYSTEM OF VALUE-ADDED TAX - PERSONS SUBJECT THERETO - NATIONAL SYSTEM UNDER WHICH UNDERTAKING IS A SINGLE ENTITY FOR TAX PURPOSES - CONDITIONS FOR ADOPTION

( COUNCIL DIRECTIVE NO 67/228 , ANNEX A , POINT 2 )

Summary

1 . ARTICLE 16 OF THE SECOND COUNCIL DIRECTIVE ( NO 67/228/EEC ) ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES CONCERNING TURNOVER TAXES DOES NOT LAY DOWN ANY PARTICULAR PROCEDURE FROM THE POINT OF VIEW OF THE FORM OF THE REFERENCE TO THE COMMISSION , BUT IT DOES REQUIRE THAT SUCH REFERENCE SHOULD BE MADE ' ' IN GOOD TIME ' ' , THAT IS TO SAY THAT THE COMMISSION SHOULD BE GIVEN A REASONABLE PERIOD OF TIME TO EXAMINE THE DOCUMENTS SENT TO IT , THAT IT SHOULD KNOW THE PURPOSE FOR WHICH THE MEMBER STATE HAS SENT THEM TO IT AND THAT THEY SHOULD CONTAIN COMPLETE INFORMATION ENABLING THE COMMISSION - IN ACCORDANCE WITH ARTICLE 101 OF THE TREATY - TO FIND THAT A DIFFERENCE BETWEEN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES IS DISTORTING THE CONDITIONS OF COMPETITION IN THE COMMON MARKET AND THAT THE RESULTANT DISTORTION NEEDS TO BE ELIMINATED .

2 . A MEMBER STATE HAS ADOPTED A SYSTEM SUCH AS THAT REFERRED TO IN THE FOURTH PARAGRAPH OF POINT 2 ' ' REGARDING ARTICLE 4 ' ' OF ANNEX A TO DIRECTIVE NO 67/228/EEC IF IT HAS LAID DOWN IN ITS LEGISLATION THAT TURNOVER TAX SHALL BE LEVIED INTER ALIA ON THE SUPPLY OF GOODS AND SERVICES BY UNDERTAKINGS , AFTER ENTERING INTO THE CONSULTATIONS TO WHICH REFERENCE IS MADE IN ARTICLE 16 OF THE DIRECTIVE , EVEN THOUGH IT HAS NOT DEFINED THE CONCEPT OF AN UNDERTAKING OTHERWISE THAN AS ' ' ANY PERSON WHO INDEPENDENTLY CARRIES ON BUSINESS ' ' .
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Keywords

1 . COMPETITION - ADMINISTRATIVE PROCEDURE - INITIATION AT THE REQUEST OF A NATURAL OR LEGAL PERSON NOT HAVING A LEGITIMATE INTEREST - ABSENCE OF EFFECT ON THE LEGALITY OF THE DECISION ADOPTED - RIGHT OF THE COMMISSION TO OPEN THE PROCEDURE UPON ITS OWN INITIATIVE

( EEC TREATY , ARTS 85 AND 86 : REGULATION NO 17 OF THE COUNCIL , ART . 3 ( 1 ) AND ( 2 ) ( B ))

2 . COMPETITION - AGREEMENTS - DEALERSHIP AGREEMENTS - PROHIBITION ON RE-EXPORT IMPOSED ON THE DEALERS - INFRINGEMENT OF COMMUNITY RULES - COMMITTED INTENTIONALLY

( EEC TREATY , ART . 85 ( 1 ); REGULATION NO 17 OF THE COUNCIL , ART . 15 ( 2 ))

3 . COMPETITION - FINES - FIXING - POWERS OF THE COMMISSION - CHANGE IN PREVIOUS PRACTICE - INFRINGEMENT OF THE PRINCIPLE OF NON-DISCRIMINATION - NONE

( REGULATION NO 17 OF THE COUNCIL , ART . 15 ( 2 ))

Summary

1 . A DECISION TAKEN BY THE COMMISSION UNDER ARTICLE 3 ( 1 ) OF REGULATION NO 17 OF THE COUNCIL IS NOT WITHOUT A VALID LEGAL BASIS BY REASON OF THE FACT THAT THE PROCEDURE LEADING TO THAT DECISION WAS INITIATED FOLLOWING COMPLAINTS BY PERSONS NOT HAVING A ' ' LEGITIMATE INTENT ' ' , WITHIN THE MEANING OF PARAGRAPH ( 2 ) ( B ) OF THE SAID ARTICLE , IN REQUESTING THE COMMISSION TO FIND AN INFRINGEMENT OF THE PROVISIONS OF ARTICLE 85 OR ARTICLE 86 OF THE TREATY . IT FOLLOWS FROM PARAGRAPH ( 1 ) ABOVE-MENTIONED THAT THE COMMISSION IS ENTITLED TO OPEN SUCH A PROCEDURE UPON ITS OWN INITIATIVE .

2 . WHEN THE IMPORTER OF A GIVEN PRODUCT INVITES DEALERS ESTABLISHED IN THE SAME MEMBER STATE TO SUBSCRIBE TO AN AGREEMENT WHEREBY THEY UNDERTAKE NOT TO RE-EXPORT THE SAID PRODUCT AND THAT AGREEMENT IS IN FACT CONCLUDED , THE INFRINGEMENT OF ARTICLE 85 ( 1 ) OF THE TREATY WHICH FOLLOWS THEREFROM HAS BEEN COMMITTED BY THE SAID IMPORTER INTENTIONALLY WITHIN THE MEANING OF ARTICLE 15 ( 2 ) OF REGULATION NO 17 AND IT MATTERS LITTLE WHETHER OR NOT THE IMPORTER WAS AWARE THAT AT THE SAME TIME ARTICLE 85 ( 1 ) OF THE TREATY WAS BEING INFRINGED .

3 . THE FACT THAT , IN SIMILAR PREVIOUS CASES OF PROHIBITED AGREEMENTS BETWEEN THE PERSON GRANTING THE DEALERSHIP AND THE DEALERS , THE COMMISSION DID NOT CONSIDER THAT THERE WAS REASON TO IMPOSE FINES ON THE DEALERS AS WELL CANNOT DEPRIVE IT OF THE POWER TO COME TO A DIFFERENT DECISION IN A FRESH CASE WHERE THE CONDITIONS FOR THE EXERCISE OF THE POWER TO IMPOSE A FINE SET OUT IN ARTICLE 15 ( 2 ) OF REGULATION NO 17 ARE SATISFIED . SUCH DIFFERENCE OF TREATMENT DOES NOT CONSTITUTE AN INFRINGEMENT OF THE PRINCIPLE OF NON-DISCRIMINATION .
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1 . COMPETITION - AGREEMENTS - NOTIFICATION - LACK OF FORMAL NOTIFICATION - EXEMPTION - EXCLUDED

( REGULATION NO 17 OF THE COUNCIL , ART . 4 ; REGULATION NO 1133/68 OF THE COMMISSION )

2 . COMPETITION - AGREEMENTS - PROHIBITION - APPLICATION - CRITERIA

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . IN THE ABSENCE OF NOTIFICATION IN ACCORDANCE WITH THE REQUIREMENTS OF REGULATION NO 17 AND REGULATION NO 1133/68 , AN AGREEMENT MAY NOT HAVE EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE EEC TREATY , EVEN IF THE TEXT OF THE AGREEMENT WAS COMMUNICATED TO THE COMMISSION SUBSEQUENT TO A REQUEST FOR INFORMATION MADE BY THE LATTER .

2 . ALTHOUGH AN AGREEMENT MAY ESCAPE THE PROHIBITION IN ARTICLE 85 ( 1 ) OF THE EEC TREATY WHEN IT AFFECTS THE MARKET ONLY TO AN INSIGNIFICANT EXTENT , HAVING REGARD TO THE WEAK POSITION WHICH THOSE CONCERNED HAVE IN THE MARKET IN THE PRODUCTS IN QUESTION , THE SAME CONSIDERATIONS DO NOT APPLY IN THE CASE OF A PRODUCT THE ENTIRE PRODUCTION OF WHICH IS IN THE HANDS OF A LARGE UNDERTAKING .
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1 . EUROPEAN COMMUNITIES - OWN RESOURCES - ESTABLISHMENT AND MAKING AVAILABLE - VERIFICATIONS AND INQUIRIES - POWERS OF THE COMMISSION - ARRANGEMENTS FOR EXERCISE

( COUNCIL REGULATIONS NO 2/71 , ARTS . 6 AND 14 , AND NO 2891/77 , ART . 18 )

2 . EUROPEAN COMMUNITIES - OWN RESOURCES - ESTABLISHMENT AND MAKING AVAILABLE - VERIFICATIONS AND INQUIRIES - POWERS OF THE COMMISSION - ARRANGEMENTS FOR EXERCISE - POSSIBILITY OF RELYING ON PRIVILEGE IN RESPECT OF CRIMINAL INVESTIGATIONS - CONDITIONS

( COUNCIL REGULATIONS NO 2/71 , ART . 14 , AND NO 2891/77 , ART . 18 )

Summary

1 . A MEMBER STATE MAY NOT CONTEST THE COMMISSION ' S POWER TO EXERCISE ITS SUPERVISION AS SOON AS THE COMMUNITIES ' OWN RESOURCES HAVE BEEN ESTABLISHED BY THE COMPETENT NATIONAL AUTHORITIES . INDEED THE FACT THAT , IN ACCORDANCE WITH ARTICLE 6 OF REGULATION NO 2/71 OF THE COUNCIL , THE ESTABLISHED ENTITLEMENTS ARE TO BE ENTERED IN THE ACCOUNTS OF THE COMMUNITIES AS REVENUE TO BE COLLECTED REQUIRES THAT THE COMMISSION SHALL HAVE A RIGHT TO ASK FOR ADDITIONAL MEASURES OF CONTROL AND TO BE ASSOCIATED WITH THE MEASURES APPLIED BY THE MEMBER STATES THEMSELVES AS FROM THE TIME WHEN THE RESOURCES OUGHT TO HAVE BEEN ESTABLISHED .

2 . ALTHOUGH THE INSPECTION MEASURES WHICH THE COMMISSION MAY REQUEST ON THE OCCASION OF THE ESTABLISHMENT AND MAKING AVAILABLE OF OWN RESOURCES BY THE COMPETENT NATIONAL AUTHORITIES AND WITH WHICH IT MUST BE ASSOCIATED COVER ALL THOSE WHICH THE NATIONAL AUTHORITIES MAY CARRY OUT , NEVERTHELESS IT IS NOT POSSIBLE IN THE PRESENT STATE OF COMMUNITY LAW TO INFER FROM ARTICLE 14 OF REGULATION NO 2/71 OF THE COUNCIL , WHICH HAS BEEN RE-ENACTED BY ARTICLE 18 OF REGULATION NO 2891/77 AN INTENTION TO ALTER THE RELATIONS BETWEEN THE ADMINISTRATION AND THE JUDICIAL AUTHORITIES . RULES WHICH IN THE NATIONAL SYSTEMS OF CRIMINAL LAW PREVENT THE COMMUNICATION TO CERTAIN PERSONS OF DOCUMENTS IN THE CRIMINAL PROCEEDINGS MAY THEREFORE BE RELIED UPON AGAINST THE COMMISSION IN SO FAR AS THE SAME RESTRICTIONS MAY BE RELIED UPON AGAINST THE NATIONAL AUTHORITIES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER IN PUBLIC STORAGE - SALE AT REDUCED PRICE FOR EXPORTATION - ARRANGEMENTS REGARDING SECURITIES - RESALE TO A THIRD PARTY FOR EXPORT - FAILURE OF THE THIRD PARTY TO EXPORT - FORFEITURE OF THE SECURITY LODGED BY THE FIRST PURCHASER .

( REGULATION NO 1308/68 OF THE COMMISSION )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER IN PUBLIC STORAGE - SALE AT REDUCED PRICE FOR EXPORTATION - ARRANGEMENTS REGARDING SECURITIES - FORCE MAJEURE - CONCEPT - LIMITS

( REGULATION NO 1308/68 OF THE COMMISSION , FIRST SUBPARAGRAPH OF ARTICLE 4 ( 3 ))

Summary

1 . REGULATION ( EEC ) NO 1308/68 OF THE COMMISSION ON THE SALE OF BUTTER FROM PUBLIC STORAGE FOR EXPORTATION MUST BE INTERPRETED TO MEAN THAT WHERE THE PURCHASER OF BUTTER FROM STORAGE DOES NOT HIMSELF EXPORT THE BUTTER BUT RESELLS IT TO A THIRD PARTY FOR EXPORT HE IS LIABLE FOR ANY WRONGFUL ACT ON THE PART OF THE OTHER CONTRACTING PARTY AND CAN RECOVER HIS SECURITY ONLY IF THE BUTTER IS ACTUALLY EXPORTED WITHIN THE PERIOD PRESCRIBED BY THE REGULATION .

2 . WHERE THE PURCHASER OF THE BUTTER FROM STORAGE REFERRED TO IN REGULATION NO 1308/68 OF THE COMMISSION RESELLS IT TO A THIRD PARTY FOR EXPORT IN ACCORDANCE WITH THAT REGULATION , THE FACT THAT IT IS IMPOSSIBLE TO EXPORT THE BUTTER BECAUSE IT HAS BEEN DIVERTED FROM ITS PROPER DESTINATION BY THE CRIMINAL ACTS OF A DULY AUTHORIZED AGENT OF THAT THIRD PARTY TO THE DETRIMENT OF THE LATTER DOES NOT CONSTITUTE A CASE OF FORCE MAJEURE WITHIN THE MEANING OF THE FIRST SUBPARAGRAPH OF ARTICLE 4 ( 3 ) OF THE SAID REGULATION AND CONSEQUENTLY DOES NOT LEAD TO THE RELEASE OF THE SECURITY PROVIDED IN ACCORDANCE WITH ARTICLE 4 ( 1 ) OF THAT REGULATION IN RESPECT OF CONSIGNMENTS OF BUTTER WHICH HAVE NOT BEEN EXPORTED .
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1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE - PRINCIPLES - FREEDOM OF COMMERCIAL TRANSACTIONS - NATIONAL MEASURES RESTRICTING MARKETING - INCOMPATIBILITY

( REGULATION NO 234/68 OF THE COUNCIL )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL MARKETING SYSTEM FOR MATERIAL FOR PLANT PROPAGATION - COMPULSORY AFFILIATION TO A BODY APPROVING SUCH MATERIAL - PROHIBITION - INCOMPATIBILITY WITH THE COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE

( EEC TREATY , ARTS . 30 AND 34 ; REGULATION NO 234/68 OF THE COUNCIL , ART . 10 )

Summary

1 . ALTHOUGH THE COURT IS NOT COMPETENT IN THE CONTEXT OF A REFERENCE TO IT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TO RULE WHETHER NATIONAL LEGAL RULES ARE COMPATIBLE WITH PROVISIONS OF COMMUNITY LAW , IT DOES ON THE OTHER HAND HAVE JURISDICTION TO PROVIDE THE NATIONAL COURT WITH ALL THE FACTORS RELATING TO INTERPRETATION UNDER COMMUNITY LAW WHICH ENABLE THAT COURT TO DECIDE WHETHER THOSE NATIONAL RULES ARE COMPATIBLE WITH THE COMMUNITY RULES MENTIONED .

2 . IT FOLLOWS FROM THE GENERAL SCHEME OF REGULATION NO 234/68 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE THAT AS FAR AS TRADE WITHIN THE COMMUNITY IS CONCERNED THE COMMON ORGANIZATION OF THE MARKET IN THE PRODUCTS IN QUESTION IS BASED ON FREEDOM OF COMMERCIAL TRANSACTIONS AND IS OPPOSED TO ANY NATIONAL RULE WHICH COULD HINDER DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE .

FOR THIS REASON ANY NATIONAL PROVISIONS OR PRACTICES WHICH COULD MODIFY THE PATTERNS OF IMPORTS AND EXPORTS BY NOT ALLOWING PRODUCERS TO MARKET THE PRODUCTS CONCERNED FREELY ARE INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET ESTABLISHED BY REGULATION NO 234/68 .

3 . NATIONAL RULES WHEREBY A MEMBER STATE , DIRECTLY OR THROUGH THE INTERMEDIARY OF BODIES ESTABLISHED OR APPROVED BY AN OFFICIAL AUTHORITY , RESERVES EXCLUSIVELY TO PERSONS AFFILIATED TO SUCH BODIES THE RIGHT TO MARKET , RESELL , IMPORT , EXPORT AND OFFER FOR EXPORT MATERIAL FOR PLANT PROPAGATION SUCH AS CHRYSANTHEMUM PLANTS WHICH ARE COVERED BY THE COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE ESTABLISHED BY REGULATION NO 234/68 AND FORBIDS PERSONS WHO ARE NOT SO AFFILIATED TO MARKET , RESELL , IMPORT , EXPORT AND OFFER FOR EXPORT SUCH PRODUCTS , WHATEVER THEIR QUALITY MAY BE , IS INCOMPATIBLE WITH THE SAID REGULATION AND IN PARTICULAR WITH ARTICLE 10 THEREOF AND ALSO WITH ARTICLES 30 AND 34 OF THE EEC TREATY .
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Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - JURISDICTION - JURISDICTION OF THE COURT FOR THE PLACE OF PERFORMANCE - JURISDICTION OF THE COURT DESIGNATED BY THE PARTIES - NATURE AND FOUNDATION OF BOTH

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 5 ( 1 ) AND 17 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - JURISDICTION - JURISDICTION OF THE COURT FOR THE PLACE OF PERFORMANCE - DESIGNATION OF PLACE OF PERFORMANCE BY A CLAUSE VALID ACCORDING TO THE LAW APPLICABLE - OBSERVANCE OF FORMAL CONDITIONS PROVIDED FOR UNDER ARTICLE 17 NOT REQUIRED

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 5 ( 1 ) AND 17 )

Summary

1 . THE PROVISIONS OF ARTICLE 5 ( 1 ) OF THE CONVENTION , TO THE EFFECT THAT IN MATTERS RELATING TO A CONTRACT A DEFENDANT DOMICILED IN A CONTRACTING STATE MAY BE SUED IN THE COURTS FOR THE PLACE OF PERFORMANCE OF THE OBLIGATION IN QUESTION , INTRODUCE A CRITERION FOR JURISDICTION , THE SELECTION OF WHICH IS AT THE OPTION OF THE PLAINTIFF AND WHICH IS JUSTIFIED BY THE EXISTENCE OF A DIRECT LINK BETWEEN THE DISPUTE AND THE COURT CALLED UPON TO TAKE COGNIZANCE OF IT . BY CONTRAST , ARTICLE 17 OF THE CONVENTION , WHICH PROVIDES FOR THE EXCLUSIVE JURISDICTION OF THE COURT DESIGNATED BY THE PARTIES IN ACCORDANCE WITH THE PRESCRIBED FORM , PUTS ASIDE BOTH THE RULE OF GENERAL JURISDICTION - PROVIDED FOR IN ARTICLE 2 - AND THE RULES OF SPECIAL JURISDICTION - PROVIDED FOR IN ARTICLE 5 - AND DISPENSES WITH ANY OBJECTIVE CONNEXION BETWEEN THE LEGAL RELATIONSHIP IN DISPUTE AND THE COURT DESIGNATED . IT THUS APPEARS THAT THE JURISDICTION OF THE COURT FOR THE PLACE OF PERFORMANCE AND THAT OF THE SELECTED COURT ARE TWO DISTINCT CONCEPTS AND ONLY AGREEMENTS SELECTING A COURT ARE SUBJECT TO THE REQUIREMENTS OF FORM PRESCRIBED BY ARTICLE 17 OF THE CONVENTION .

2 . IF THE PLACE OF PERFORMANCE OF A CONTRACTUAL OBLIGATION HAS BEEN SPECIFIED BY THE PARTIES IN A CLAUSE WHICH IS VALID ACCORDING TO THE NATIONAL LAW APPLICABLE TO THE CONTRACT , THE COURT FOR THAT PLACE HAS JURISDICTION TO TAKE COGNIZANCE OF DISPUTES RELATING TO THAT OBLIGATION UNDER ARTICLE 5 ( 1 ) OF THE CONVENTION , IRRESPECTIVE OF WHETHER THE FORMAL CONDITIONS PROVIDED FOR UNDER ARTICLE 17 HAVE BEEN OBSERVED .
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Keywords

AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - EXPORT LEVY ON MAIZE FOR THE MANUFACTURE OF STARCH - EXPORT - CONCEPT - EXPORTATION UNDER OUTWARD PROCESSING ARRANGEMENTS INCLUDED

( REGULATION NO 1132/74 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

THE CONCEPT OF ' ' EXPORT ' ' WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 1132/74 ON PRODUCTION REFUNDS IN THE CEREALS AND RICE SECTORS MUST BE INTERPRETED AS MEANING THAT ANY LEVY WHICH MAY BE INTRODUCED IN PURSUANCE OF THAT PROVISION MUST ALSO BE IMPOSED ON THE EXPORTATION OF THE PRODUCTS IN QUESTION WHEN THEY ARE EXPORTED UNDER OUTWARD PROCESSING ARRANGEMENTS AND LATER RE-IMPORTED AS COMPENSATING PRODUCTS .
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PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS - QUESTIONS SUBMITTED IN THE COURSE OF A FRIENDLY SUIT BEFORE A NATIONAL COURT - INADMISSIBILITY

( EEC TREATY , ART . 177 )

Summary

THE DUTY OF THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY IS TO SUPPLY ALL COURTS IN THE COMMUNITY WITH THE INFORMATION ON THE INTERPRETATION OF COMMUNITY LAW WHICH IS NECESSARY TO ENABLE THEM TO SETTLE GENUINE DISPUTES WHICH ARE BROUGHT BEFORE THEM .

ON THE OTHER HAND THE COURT DOES NOT HAVE JURISDICTION - OTHERWISE THE WHOLE SYSTEM OF LEGAL REMEDIES AVAILABLE TO PRIVATE INDIVIDUALS TO ENABLE THEM TO PROTECT THEMSELVES AGAINST TAX PROVISIONS WHICH ARE CONTRARY TO THE TREATY WOULD BE JEOPARDIZED - TO GIVE RULINGS ON QUESTIONS ASKED WITHIN THE FRAMEWORK OF PROCEEDINGS WHEREBY THE PARTIES TO THE MAIN ACTION ARE CONCERNED TO OBTAIN A RULING THAT THE TAX SYSTEM OF A MEMBER STATE IS INVALID BY THE EXPEDIENT OF PROCEEDINGS BEFORE A COURT OF ANOTHER MEMBER STATE BETWEEN TWO PRIVATE INDIVIDUALS WHO ARE IN AGREEMENT AS TO THE RESULT TO BE ATTAINED AND WHO HAVE INSERTED A CLAUSE IN THEIR CONTRACT IN ORDER TO INDUCE THAT COURT TO GIVE A RULING ON THE POINT . THE ARTIFICIAL NATURE OF THIS EXPEDIENT IS UNDERLINED BY THE FACT THAT THE PARTIES DID NOT AVAIL THEMSELVES OF THE REMEDIES OPEN UNDER THE NATIONAL LAW OF THE FIRST MEMBER STATE AGAINST THE TAX IN QUESTION .
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1 . OFFICIALS - PROMOTION - CONSIDERATION OF COMPARATIVE MERITS - LEGALITY - CONDITIONS - CONSIDERATION OF THE PERIODIC REPORTS OF ALL CANDIDATES

( STAFF REGULATIONS , ARTS 43 AND 45 ( 1 ))

2 . OFFICIALS - APPLICATION TO THE COURT - UNLIMITED JURISDICTION OF THE COURT - ORDER OF THE COURT ' S OWN MOTION THAT THE DEFENDANT INSTITUTION PAY COMPENSATION

( STAFF REGULATIONS , ART . 91 ( 1 ))

Summary

1 . THE PERIODIC REPORT , WHICH UNDER ARTICLE 43 OF THE STAFF REGULATIONS MUST BE MADE AT LEAST ONCE EVERY TWO YEARS , CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL ' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION AND IN PARTICULAR AS REGARDS PROMOTION WHICH , PURSUANT TO ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS , MAY BE MADE ONLY AFTER CONSIDERATION OF THE COMPARATIVE MERITS OF THE OFFICIALS ELIGIBLE FOR PROMOTION AND OF THE REPORTS ON THEM . CONSEQUENTLY CONSIDERATION OF THE MERITS OF CANDIDATES WHOSE PERIODIC REPORTS HAVE ALREADY BEEN DRAWN UP UNDER ARTICLE 43 AND OF OTHERS IN WHOSE CASE THIS HAS NOT YET BEEN DONE FAILS TO MEET THE REQUIREMENTS OF THAT PROVISION WITH REGARD TO CONSIDERATION OF THE COMPARATIVE MERITS OF OFFICIALS .

2 . THE UNLIMITED JURISDICTION WHICH THE COURT HAS UNDER ARTICLE 91 ( 1 ) OF THE STAFF REGULATIONS INCLUDES THE POWER TO ADJUDICATE ON AN ACTION WHICH SEEKS ONLY THE ANNULMENT OF A DECISION BY REJECTING THE APPLICATION FOR ANNULMENT BUT , OF THE COURT ' S OWN MOTION , ORDERING THE DEFENDANT INSTITUTION TO PAY COMPENSATION FOR THE NON-MATERIAL DAMAGE CAUSED TO THE APPLICANT BY A WRONGFUL ACT OR OMISSION ON THE PART OF THAT INSTITUTION .

THIS COURSE OF ACTION IS TO BE TAKEN IF THE ANNULMENT SOUGHT WOULD CONSTITUTE AN EXCESSIVE PENALTY FOR THE IRREGULARITY COMMITTED WHILST THE AWARD OF DAMAGES BEST MEETS BOTH THE APPLICANT ' S INTERESTS AND THE REQUIREMENTS OF THE SERVICE .
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1 . ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - REQUIREMENTS OF LEGAL CLARITY AND CERTAINTY - IMPLEMENTATION BY MEANS OF ADMINISTRATIVE PRACTICES - INSUFFICIENCY

( EEC TREATY , ART . 189 )

2 . ACTS OF THE INSTITUTIONS - DIRECTIVES - RIGHT OF PARTIES CONCERNED TO RELY ON DIRECTIVES IN THE ABSENCE OF ADEQUATE MEASURES OF IMPLEMENTATION - EFFECT NOT FREEING MEMBER STATES FROM THEIR OBLIGATION TO IMPLEMENT DIRECTIVES

( EEC TREATY , ART . 189 )

3 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - INADMISSIBILITY

( EEC TREATY , ART . 169 )

Summary

1 . IT IS ESSENTIAL THAT EACH MEMBER STATE SHOULD IMPLEMENT DIRECTIVES IN A WAY WHICH FULLY MEETS THE REQUIREMENTS OF CLARITY AND CERTAINTY IN LEGAL SITUATIONS WHICH DIRECTIVES SEEK FOR THE BENEFIT OF TRADERS ESTABLISHED IN OTHER MEMBER STATES . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE CAN BE CHANGED AS AND WHEN THE AUTHORITIES PLEASE AND WHICH ARE NOT PUBLICIZED WIDELY ENOUGH , CANNOT BE REGARDED AS A PROPER FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 109 OF THE EEC TREATY ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .

2 . THE EFFECT OF THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY IS THAT COMMUNITY DIRECTIVES MUST BE IMPLEMENTED BY APPROPRIATE IM- PLEMENTING MEASURES CARRIED OUT BY THE MEMBER STATES . ONLY IN SPECIFIC CIRCUMSTANCES , IN PARTICULAR WHERE A MEMBER STATE HAS FAILED TO TAKE THE IMPLEMENTING MEASURES REQUIRED OR HAS ADOPTED MEASURES WHICH DO NOT CONFORM TO A DIRECTIVE , HAS THE COURT OF JUSTICE RECOGNIZED THE RIGHT OF PERSONS AFFECTED THEREBY TO RELY IN LAW ON A DIRECTIVE AS AGAINST A DEFAULTING MEMBER STATE . THIS MINIMUM GUARANTEE ARISING FROM THE BINDING NATURE OF THE OBLIGATION IMPOSED ON THE MEMBER STATES BY THE EFFECT OF THE DIRECTIVES UNDER THE THIRD PARAGRAPH OF ARTICLE 189 CANNOT JUSTIFY A MEMBER STATE ' S ABSOLVING ITSELF FROM TAKING IN DUE TIME IMPLEMENTING MEASURES SUFFICIENT TO MEET THE PURPOSE OF EACH DIRECTIVE .

3 . A MEMBER STATE CANNOT RELY UPON DOMESTIC DIFFICULTIES OR PROVISIONS OF ITS NATIONAL LEGAL SYSTEM , EVEN ITS CONSTITUTIONAL SYSTEM , FOR THE PURPOSE OF JUSTIFYING A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS CONTAINED IN COMMUNITY DIRECTIVES .
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1 . OFFICIALS - TRANSFER - CRITERIA - PERMANENT POSTING

( STAFF REGULATIONS OF OFFICIALS , ART . 7 ( 1 ))

2 . PROCEDURE - COSTS - COSTS UNREASONABLY OR VEXATIOUSLY CAUSED

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 69 ( 3 ))

Summary

1 . THE CONCEPT OF TRANSFER , WITHIN THE MEANING OF ARTICLE 7 OF THE STAFF REGULATIONS OF OFFICIALS , RELATES TO PERMANENT POSTINGS WHICH AS SUCH HAVE A DIRECT BEARING ON OFFICIALS ' CAREER PROSPECTS .

2 . WHERE THE OCCURRENCE AND CONTINUATION OF A DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION TO WHICH HE BELONGS WERE DUE IN PART TO THE ATTITUDE OF THAT INSTITUTION ' S ADMINISTRATION , ESPECIALLY TO THE LEGAL AMBIGUITY WHICH IT MAINTAINED IN REGARD TO THE NATURE , UNDER THE STAFF REGULATIONS , OF A PROCEDURE FOR FILLING A VACANT POST AND TO ITS REFUSAL TO GIVE ANY EXPLANATION OF THE REASONS FOR ITS ACTION , WHICH WERE DISCLOSED ONLY DURING THE PROCEEDINGS BEFORE THE COURT , AN OFFICIAL MAY NOT BE CRITICIZED FOR HAVING BROUGHT AN ACTION IN RESPONSE TO WHAT HE HAD REASON TO REGARD AS ARBITRARY CONDUCT ON THE PART OF THE ADMINISTRATION IN REGARD TO HIM . IT IS PROPER IN SUCH A CASE TO APPLY THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE AND TO ORDER THE ADMINISTRATION , EVEN IF SUCCESSFUL , TO PAY COSTS WHICH THE COURT CONSIDERS THE ADMINISTRATION TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE APPLICANT TO INCUR .