ddrg/super_eurlex huggingface dataset:
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1 . CUSTOMS DUTIES ON EXPORTS - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - CHARGE FOR THE CONTROL OF ARTICLES OF PRECIOUS METAL - CLASSIFICATION

( EEC TREATY , ART . 16 )

2 . TAX PROVISIONS - INTERNAL TAXATION - PRODUCTS INTENDED FOR EXPORT - RULE AGAINST DISCRIMINATION - APPLICATION

( EEC TREATY , ART . 95 )

3 . TAX PROVISIONS - INTERNAL TAXATION - PRODUCTS PLACED ON THE MARKET IN SEVERAL MEMBER STATES - DOUBLE TAXATION - EFFECTS - ABOLITION - HARMONIZATION OF LEGISLATION

( EEC TREATY , ARTS . 95 , 99 AND 100 )

Summary

1 . A LEVY WHICH IS IMPOSED ON UNDERTAKINGS MANUFACTURING , IMPORTING OR DEALING IN ARTICLES OF PRECIOUS METAL TO MEET THE COSTS OF THE SUPERVISION OF SUCH UNDERTAKINGS BY THE AUTHORITIES AND WHICH IS CALCULATED ON THE BASIS OF THE UNDERTAKINGS ' CONSUMPTION OF PRECIOUS METALS IS NOT IN THE NATURE OF A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON EXPORTS AS LONG AS IT APPLIES IN ACCORDANCE WITH THE SAME CRITERIA TO ALL UNDERTAKINGS WHICH ARE SUBJECT TO SUCH SUPERVISION WHATEVER THE ORIGIN OR DESTINATION OF THE PRODUCTS .

2 . ARTICLE 95 , CONSIDERED WITHIN THE CONTEXT OF THE TAX PROVISIONS LAID DOWN IN THE TREATY , MUST BE INTERPRETED AS ALSO PROHIBITING ANY TAX DISCRIMINATION AGAINST PRODUCTS INTENDED FOR EXPORT TO OTHER MEMBER STATES .

3 . THE EEC TREATY DOES NOT CONTAIN ANY RULES INTENDED TO PROHIBIT THE EFFECTS OF DOUBLE TAXATION WITH REGARD TO PRODUCTS PLACED ON THE MARKET IN VARIOUS MEMBER STATES OF THE COMMUNITY . THE ABOLITION OF SUCH EFFECTS , WHICH IS DESIRABLE IN THE INTERESTS OF THE FREEDOM OF MOVEMENT OF GOODS , CAN HOWEVER ONLY RESULT FROM THE HARMONIZATION OF THE NATIONAL SYSTEMS UNDER ARTICLE 99 OR POSSIBLY ARTICLE 100 OF THE TREATY .
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1 . PRELIMINARY QUESTION - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - SCOPE

( EEC TREATY , ART . 30 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - DESIGNATION OF QUALITY INDICATIVE NEITHER OF ORIGIN NOR OF SOURCE - DESIGNATION LINKED TO THE COMPLETION OF THE PRODUCTION PROCESS ON NATIONAL TERRITORY - PROHIBITION - EXCEPTION WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY - NOT APPLICABLE

( EEC TREATY , ARTS . 30 AND 36 ; COMMISSION DIRECTIVE NO 70/50 , ART . 2 ( 3 ) ( S )

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION WITHIN THE FRAMEWORK OF THE APPLICATION OF ARTICLE 177 OF THE TREATY TO DECIDE UPON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW , IT MAY NEVERTHELESS EXTRACT FROM THE WORDING OF THE QUESTION FORMULATED BY THE NATIONAL COURT , HAVING REGARD TO THE FACTS STATED BY THE LATTER , THOSE ELEMENTS WHICH COME WITHIN THE INTERPRETATION OF COMMUNITY LAW .

2 . FOR THE PURPOSES OF THE PROHIBITION OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , IT IS SUFFICIENT THAT THE MEASURES IN QUESTION ARE LIKELY TO HINDER , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , IMPORTS BETWEEN MEMBER STATES .

3 . MEASURES ADOPTED BY A MEMBER STATE WHICH MAKE THE USE IN CONNEXION WITH A HOME-PRODUCED PRODUCT OF A DESIGNATION OF QUALITY - EVEN WHERE SUCH DESIGNATION IS OPTIONAL - WHICH IS INDICATIVE NEITHER OF ORIGIN NOR OF SOURCE WITHIN THE MEANING OF ARTICLE 2 ( 3 ) ( S ) OF COMMISSION DIRECTIVE NO 70/50/EEC OF 22 DECEMBER 1969 SUBJECT TO THE REQUIREMENT THAT ONE OR MORE STAGES OF THE PRODUCTION PROCESS PRIOR TO THE PREPARATION OF THE FINISHED PRODUCT HAVE BEEN CARRIED OUT ON NATIONAL TERRITORY ARE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WHICH ARE PROHIBITED BY ARTICLE 30 OF THE TREATY AND NOT JUSTIFIED BY ARTICLE 36 THEREOF .
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1 . FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - PROVISIONS OF THE TREATY - PERSONS TO WHOM THEY APPLY - SCOPE - LIMITS

( EEC TREATY , ARTICLES 52 AND 59 )

2 . FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - INDUSTRY AND SMALL CRAFT INDUSTRIES - ACTIVITIES OF SELF-EMPLOYED PERSONS IN MANUFACTURING AND PROCESSING INDUSTRIES - CONDITIONS FOR ACCESS AND EXERCISE - TRANSITIONAL MEASURES - COUNCIL DIRECTIVE NO 64/427 - BENEFICIARIES - CONCEPT

Summary

1 . ALTHOUGH IT IS TRUE THAT THE PROVISIONS OF THE TREATY RELATING TO ESTABLISHMENT AND THE PROVISION OF SERVICES CANNOT BE APPLIED TO SITUATIONS WHICH ARE PURELY INTERNAL TO A MEMBER STATE , THE POSITION NEVERTHELESS REMAINS THAT THE REFERENCE IN ARTICLE 52 TO ' ' NATIONALS OF A MEMBER STATE ' ' WHO WISH TO ESTABLISH THEMSELVES ' ' IN THE TERRITORY OF ANOTHER MEMBER STATE ' ' CANNOT BE INTERPRETED IN SUCH A WAY AS TO EXCLUDE FROM THE BENEFIT OF COMMUNITY LAW A GIVEN MEMBER STATE ' S OWN NATIONALS WHEN THE LATTER , OWING TO THE FACT THAT THEY HAVE LAWFULLY RESIDED ON THE TERRITORY OF ANOTHER MEMBER STATE AND HAVE THERE ACQUIRED A TRADE QUALIFICATION WHICH IS RECOGNIZED BY THE PROVISIONS OF COMMUNITY LAW , ARE , WITH REGARD TO THEIR STATE OF ORIGIN , IN A SITUATION WHICH MAY BE ASSIMILATED TO THAT OF ANY OTHER PERSONS ENJOYING THE RIGHTS AND LIBERTIES GUARANTEED BY THE TREATY .

HOWEVER , IT IS NOT POSSIBLE TO DISREGARD THE LEGITIMATE INTEREST WHICH A MEMBER STATE MAY HAVE IN PREVENTING CERTAIN OF ITS NATIONALS , BY MEANS OF FACILITIES CREATED UNDER THE TREATY , FROM ATTEMPTING WRONGLY TO EVADE THE APPLICATION OF THEIR NATIONAL LEGISLATION AS REGARDS TRAINING FOR A TRADE .

2 . COUNCIL DIRECTIVE NO 64/427 LAYING DOWN DETAILED PROVISIONS CONCERNING TRANSITIONAL MEASURES IN RESPECT OF ACTIVITIES OF SELF-EMPLOYED PERSONS IN MANUFACTURING AND PROCESSING INDUSTRIES FALLING WITHIN ISIC MAJOR GROUPS 23-40 ( INDUSTRY AND SMALL CRAFT INDUSTRIES ) IS BASED ON A BROAD DEFINITION OF THE ' ' BENEFICIARIES ' ' OF ITS PROVISIONS , IN THE SENSE THAT THE NATIONALS OF ALL MEMBER STATES MUST BE ABLE TO AVAIL THEMSELVES OF THE LIBERALIZING MEASURES WHICH IT LAYS DOWN , PROVIDED THAT THEY COME OBJECTIVELY WITHIN ONE OF THE SITUATIONS PROVIDED FOR BY THE DIRECTIVE , AND NO DIFFERENTIATION OF TREATMENT ON THE BASIS OF THEIR RESIDENCE OR NATIONALITY IS PERMITTED .

THUS THE PROVISIONS OF THE DIRECTIVE MAY BE RELIED UPON BY THE NATIONALS OF ALL THE MEMBER STATES WHO ARE IN THE SITUATIONS WHICH THE DIRECTIVE DEFINES FOR ITS APPLICATION , EVEN IN RESPECT OF THE STATE WHOSE NATIONALITY THEY POSSESS .
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1 . ACTS OF AN INSTITUTION - LEGAL NATURE - PROVISION AMENDING A REGULATION - IN THE NATURE OF A REGULATION

( REGULATION ( EEC ) NO 3331/74 OF THE COUNCIL , ART . 2 ; COUNCIL REGULATION ( EEC ) NO 298/78 )

2 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURE OF DIRECT AND INDIVIDUAL CONCERN TO THEM - CRITERIA

( EEC TREATY , ART 173 , SECOND PARAGRAPH )

Summary

1 . SINCE THE NATURE OF THE ORIGINAL TEXT OF ARTICLE 2 OF REGULATION ( EEC ) NO 3331/74 IS PURELY THAT OF A REGULATION SO THAT IT CANNOT THEREFORE BE CONSIDERED TO CONSTITUTE IN CERTAIN RESPECTS A DECISION , THE AMENDMENT TO THAT PROVISION MADE BY REGULATION ( EEC ) NO 298/78 IS , IN THE SAME WAY AS THE ABOVE-MENTIONED ARTICLE 2 , IN THE NATURE OF A REGULATION .

2 . THE CONDITIONS LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY ARE NOT FULFILLED WHEN ONLY THE MEASURES ADOPTED BY A MEMBER STATE PURSUANT TO A PROVISION OF THE CONTESTED REGULATION CAN BE OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANTS .
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1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DUTY TO STATE REASONS - EXTENT

( EEC TREATY , ART . 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKET - BEEF AND VEAL - IMPORTS FROM NON-MEMBER COUNTRIES - PROTECTIVE MEASURES - SUBSTITUTION FOR ' ' EXIM ' ' PROCEDURE OF SYSTEM LINKING IMPORTS WITH SALES FROM INTERVENTION - TRANSITIONAL PROVISIONS - VALIDITY

( COMMISSION REGULATION ( EEC ) NO 76/76 , ART . 11 )

Summary

1 . THE REQUIREMENTS OF ARTICLE 190 OF THE TREATY ARE SATISFIED WHEN THE STATEMENT OF THE REASONS ON WHICH A REGULATION ADOPTED BY AN INSTITUTION IS BASED EXPLAINS IN ESSENCE THE MEASURE IN QUESTION ; A STATEMENT OF THE REASONS ON WHICH A REGULATION IS BASED CANNOT BE REQUIRED TO COVER SPECIFICALLY ALL THE OFTEN VERY NUMEROUS DETAILS WHICH MAY BE CONTAINED IN SUCH A MEASURE .

2 . CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTORS OF SUCH A KIND AS TO AFFECT THE VALIDITY OF ARTICLE 11 OF COMMISSION REGULATION ( EEC ) NO 76/76 SETTING UP A SYSTEM LINKING IMPORTS OF BEEF AND VEAL PRODUCTS EFFECTED BY WAY OF PROTECTIVE MEASURES WITH THE SALE OF BEEF HELD BY INTERVENTION AGENCIES .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - GRANT TO PERSON ENTITLED TO PENSION IN ONE MEMBER STATE - PROFESSIONAL OR TRADE ACTIVITY OF SPOUSE IN ANOTHER MEMBER STATE - ENTITLEMENT TO FAMILY ALLOWANCES IN THAT STATE - COMMUNITY RULE AGAINST OVERLAPPING - CONDITIONS FOR APPLICATION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 79 ( 3 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PURPOSE - CO-ORDINATION OF NATIONAL SCHEMES - CONSEQUENCES

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - FAMILY ALLOWANCES - GRANT TO PERSON ENTITLED TO PENSION IN ONE MEMBER STATE - PROFESSIONAL OR TRADE ACTIVITY CARRIED ON IN ANOTHER MEMBER STATE - ENTITLEMENT TO FAMILY ALLOWANCES IN THAT STATE - COMMUNITY RULE AGAINST OVERLAPPING - APPLICATION - DETAILED ARRANGEMENTS

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 79 ( 3 ))

Summary

1 . UNDER ARTICLE 79 ( 3 ) OF REGULATION NO 1408/71 OF THE COUNCIL , THE SUSPENSION OF THE ENTITLEMENT TO FAMILY ALLOWANCES IN RESPECT OF THE DEPENDENT CHILDREN OF A FATHER WHO IS IN RECEIPT OF A PENSION UNDER THE LEGISLATION OF A MEMBER STATE IS NOT APPLICABLE IF THE MOTHER HAS NOT ACTUALLY BECOME ENTITLED TO THOSE SAME ALLOWANCES UNDER THE LEGISLATION OF ANOTHER MEMBER STATE BY VIRTUE OF HER PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY , EITHER BECAUSE ONLY THE FATHER IS ACKNOWLEDGED TO HAVE THE STATUS OF HEAD OF HOUSEHOLD OR BECAUSE THE CONDITIONS FOR AWARDING TO THE MOTHER THE RIGHT TO PAYMENT OF THE ALLOWANCES HAVE NOT BEEN FULFILLED .

2 . THE REGULATIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS DID NOT SET UP A COMMON SCHEME OF SOCIAL SECURITY , BUT ALLOWED DIFFERENT SCHEMES TO EXIST , CREATING DIFFERENT CLAIMS ON DIFFERENT INSTITUTIONS AGAINST WHICH THE CLAIMANT POSSESSES DIRECT RIGHTS BY VIRTUE EITHER OF NATIONAL LAW ALONE OR OF NATIONAL LAW SUPPLEMENTED , WHERE NECESSARY , BY COMMUNITY LAW . THE COMMUNITY RULES COULD NOT THEREFORE , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF THE BENEFIT OF A PART OF THE LEGISLATION OF A MEMBER STATE .

3 . THE RULE IN ARTICLE 79 ( 3 ) OF REGULATION NO 1408/71 , WHICH IS DESIGNED TO PREVENT THE OVERLAPPING OF FAMILY ALLOWANCES , IS APPLICABLE ONLY TO THE EXTENT TO WHICH IT DOES NOT , WITHOUT CAUSE , DEPRIVE THE PERSONS CONCERNED OF THE BENEFIT OF A PART OF NATIONAL LEGISLATION . WHEN THE AMOUNT OF THE ALLOWANCE OF WHICH PAYMENT IS SUSPENDED IN ONE MEMBER STATE IS GREATER THAN THAT OF THE ALLOWANCES RECEIVED IN ANOTHER MEMBER STATE BY VIRTUE OF THE PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY , IT IS THEREFORE APPROPRIATE THAT THE RULE AGAINST OVERLAPPING OF BENEFITS SHOULD BE APPLIED ONLY PARTIALLY AND THAT THE DIFFERENCE BETWEEN THESE AMOUNTS SHOULD BE GRANTED IN THE FORM OF A SUPPLEMENT .
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AGRICULTURE - PROCESSED PRODUCTS - MONETARY COMPENSATORY AMOUNTS - APPLICATION - CONDITION - INCIDENCE OF COMPENSATORY AMOUNTS APPLICABLE TO BASIC PRODUCTS ON PRICE OF PROCESSED PRODUCT - COMMISSION - DETERMINATION - CRITERIA

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

Summary

IT FOLLOWS FROM ARTICLE 2 ( 2 ) OF REGULATION NO 974/71 THAT IN ORDER TO JUSTIFY THE APPLICATION OF COMPENSATORY AMOUNTS TO PROCESSED PRODUCTS , IT IS SUFFICIENT FOR THE COMPENSATORY AMOUNTS APPLICABLE TO THE BASIC PRODUCT TO HAVE A CONSIDERABLE INCIDENCE ON THE PRICE OF THE PROCESSED PRODUCTS . IN ORDER TO DETERMINE WHETHER SUCH IS THE CASE THE COMMISSION MUST TAKE ACCOUNT OF THE INCIDENCE OF THE COMPENSATORY AMOUNTS APPLICABLE TO THE BASIC PRODUCT IN TRADE IN THE PROCESSED PRODUCT IN THE WHOLE OF THE COMMUNITY .
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - BENEFITS CORRESPONDING TO PERIODS OF VOLUNTARY OR OPTIONAL INSURANCE - ARTICLE 46 ( 2 ) OF REGULATION ( EEC ) NO 574/72 OF THE COUNCIL AND ARTICLE 46 ( 3 ) OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL - SCOPE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 46 ( 3 ) AND REGULATION ( EEC ) NO 574/72 OF THE COUNCIL , ART . 46 ( 2 ))

Summary

WHERE THERE CAN BE NO QUESTION OF PERIODS COINCIDING BECAUSE ONE BODY OF LEGISLATION IN QUESTION IS OF TYPE A , REGULATION NO 574/72 ALLOWS THE WORKER THE BENEFITS CORRESPONDING TO ANY PERIOD OF VOLUNTARY OR OPTIONAL INSURANCE .

THEREFORE ALTHOUGH ARTICLE 46 ( 2 ) OF REGULATION NO 574/72 APPEARS UNDER THE HEADING ' ' CALCULATION OF BENEFITS IN THE EVENT OF OVERLAPPING OF PERIODS ' ' , IT MUST BE APPLIED TO ALL CASES COMING UNDER ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 - EVEN IF THERE CAN BE NO QUESTION OF PERIODS COINCIDING BECAUSE ONE BODY OF LEGISLATION IN QUESTION IS OF TYPE A - SO THAT , FOR THE PURPOSE OF THE APPLICATION OF THAT PARAGRAPH , THE COMPETENT INSTITUTION CANNOT TAKE ACCOUNT OF BENEFITS CORRESPONDING TO PERIODS COMPLETED UNDER VOLUNTARY OR OPTIONAL INSURANCE .
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COMMON CUSTOMS TARIFF - TARIFF HEADINGS - MEAT WITHIN THE MEANING OF SUBHEADINGS 16.02 B III ( A ) 1 , 2 AND 3 - CONCEPT

Summary

IT FOLLOWS FROM THE DEFINITIONS CONTAINED IN HEADING 1602 OF THE COMMON CUSTOMS TARIFF , IN THE VERSION BROUGHT INTO FORCE BY REGULATION NO 3000/75 OF THE COUNCIL - IN PARTICULAR IN SUBHEADINGS 16.02 B I ( A ) AND ( B ), 16.02 B III ( A ) AND 16.02 B III ( B ) 1 - THAT WHENEVER THE AUTHORS OF THE COMMON CUSTOMS TARIFF INTENDED TO REFER TO MEAT OF A PARTICULAR KIND THEY DID SO EXPRESSLY .

CONSEQUENTLY THE ARGUMENT THAT THE TERM ' ' OF ANY KIND ' ' USED IN TARIFF SUBHEADINGS 16.02 B III ( A ) 1 , 2 AND 3 RELATES ONLY TO OFFAL SO THAT THE PERCENTAGE OF MEAT TO BE TAKEN INTO ACCOUNT FOR CLASSIFICATION UNDER THE SAID SUBHEADING IS SOLELY THAT OF MEAT OF ' ' DOMESTIC SWINE ' ' CANNOT BE UPHELD .

THE TERM ' ' MEAT ' ' IN SUBHEADINGS 16.02 B III ( A ) 1 , 2 AND 3 OF THE COMMON CUSTOMS TARIFF IN THE VERSION BROUGHT INTO FORCE BY REGULATION NO 3000/75 RELATES THEREFORE TO MEAT OF ALL KINDS , INCLUDING IN PARTICULAR BEEF AND VEAL .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS COVERED - DECLARATIONS OF MEMBER STATES - EFFECTS

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 5 AND 96 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - EQUALITY OF TREATMENT - DISGUISED DISCRIMINATION - PROHIBITION

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 3 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS COVERED - SCHEMES PURSUING OBJECTIVES OF DEMOGRAPHIC POLICY - EXCLUSION - NO DISTINCTION

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - MATTERS COVERED - NON-CONTRIBUTORY OLD-AGE BENEFIT - EQUALITY OF TREATMENT - SCOPE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 2 ( 1 ), 3 ( 1 ) AND 4 ( 1 ) ( C ) AND ( 2 ))

Summary

1 . THE FACT THAT A MEMBER STATE HAS MENTIONED A GIVEN ALLOWANCE IN ITS DECLARATION NOTIFIED AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 5 AND 96 OF REGULATION NO 1408/71 OF THE COUNCIL MUST BE ACCEPTED AS PROOF THAT THE BENEFITS RELATING TO THAT ALLOWANCE ARE SOCIAL SECURITY BENEFITS WITHIN THE MEANING OF THE REGULATION .

2 . THE RULE ON EQUALITY OF TREATMENT , LAID DOWN BY ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71 PROHIBITS NOT ONLY PATENT DISCRIMINATION , BASED ON THE NATIONALITY OF THE BENEFICIARIES OF SOCIAL SECURITY SCHEMES , BUT ALSO ALL DISGUISED FORMS OF DISCRIMINATION WHICH , BY THE APPLICATION OF OTHER DISTINGUISHING CRITERIA , LEAD IN FACT TO THE SAME RESULT . SUCH MAY BE THE CASE WITH A PROVISION WHICH MAKES THE GRANT OF AN ALLOWANCE TO WOMEN WITH CHILDREN DEPENDENT ON THE NATIONALITY OF THE CHILDREN OF THE MOTHER IN QUESTION .

3 . REGULATION NO 1408/71 DOES NOT MAKE ANY DISTINCTION BETWEEN THE SOCIAL SECURITY SCHEMES TO WHICH IT APPLIES ACCORDING TO WHETHER THOSE SCHEMES DO OR DO NOT PURSUE OBJECTIVES OF DEMOGRAPHIC POLICY .

4 . ARTICLES 2 ( 1 ), 3 ( 1 ) AND 4 ( 1 ) ( C ) AND ( 2 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT THE GRANT OF A NON-CONTRIBUTORY OLD-AGE BENEFIT TO WOMEN WITH CHILDREN MAY NOT BE MADE DEPENDENT EITHER ON THE NATIONALITY OF THE PERSON CONCERNED OR ON THAT OF HER CHILDREN , PROVIDED THAT THE NATIONALITY IN QUESTION IS THAT OF ONE OF THE MEMBER STATES .
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1 . OFFICIALS - EXPATRIATION ALLOWANCE - CONDITIONS OF PAYMENT - FAILURE TO EXERCISE THE OPTION OF RENOUNCING THE NATIONALITY , ACQUIRED BY MARRIAGE , OF THE MEMBER STATE IN WHICH THE OFFICIAL IS EMPLOYED - NO ENTITLEMENT TO THE ALLOWANCE - RETENTION OF THE NATIONALITY OF ORIGIN - NO RELEVANCE

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ) ( A ))

2 . OFFICIALS - EXPATRIATION ALLOWANCE - CONDITIONS OF PAYMENT - RESIDENCE OUTSIDE THE MEMBER STATE IN WHICH THE OFFICIAL IS EMPLOYED - CONCEPT - PRIOR RESIDENCE IN THAT STATE BY REASON OF A PREVIOUS TERM OF SERVICE WITH THE COMMUNITIES - EXCLUSION

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 1 ) ( B ))

3 . NON-CONTRACTUAL LIABILITY - ACT FOR WHICH THE ADMINISTRATION IS LIABLE - CONCEPT - RECTIFICATION OF AN UNLAWFUL SITUATION - EXCLUSION

Summary

1 . AN OFFICIAL WHO IS ABLE TO RENOUNCE THE NATIONALITY ACQUIRED BY MARRIAGE OF THE MEMBER STATE IN WHICH SHE IS EMPLOYED BUT WHO CHOSE NOT TO EXERCISE THAT OPTION IS TO BE CONSIDERED AS BEING A NATIONAL OF THAT STATE WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) OF ANNEX VII TO THE STAFF REGULATIONS , WHETHER OR NOT SHE RETAINS HER NATIONALITY OF ORIGIN . WHERE THE PERSON CONCERNED IS ABLE TO RENOUNCE THE NATIONALITY WHICH CAUSED HER TO LOSE THE BENEFIT OF THE EXPATRIATION ALLOWANCE , THERE IS NO REASON ASSOCIATED WITH THE PURPOSES FOR WHICH THAT ALLOWANCE WAS GRANTED FOR DISREGARDING THE FACT THAT , BY AN ACT OF HER OWN VOLITION SUBSEQUENT TO , BUT DISTINCT FROM THE MARRIAGE , THE OF- FICIAL DECIDED TO ASSUME THE NATIONAL- ITY OF THE PLACE IN WHICH SHE IS EM- PLOYED .

2 . ARTICLE 4 ( 1 ) ( B ) OF ANNEX VII TO THE STAFF REGULATIONS CANNOT BE INTERPRETED AS ALLOWING AN EARLIER PERIOD DURING WHICH THE OFFICIAL RESIDED IN THE MEMBER STATE IN WHICH THE OFFICIAL IS EMPLOYED BY REASON OF A PREVIOUS TERM OF SERVICE WITH THE COMMUNITIES TO BE TREATED AS A PERIOD OF RESIDENCE OUTSIDE THAT MEMBER STATE .

3 . AN ADMINISTRATIVE AUTHORITY WHICH REMEDIES AN UNLAWFUL SITUATION CANNOT BE CONSIDERED AS COMMITTING AN ACT WHICH IS WRONGFUL OR SUCH AS TO RENDER IT LIABLE .
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COMMUNITY LAW - GENERAL PRINCIPLES - SET-OFF - CONDITIONS - RECIPROCAL AND RELATED CLAIMS BETWEEN THE COMMUNITY AUTHORITIES AND TRADERS - ABUSIVE ASSIGNMENT OF AN INSOLVENT TRADER ' S CLAIMS AGAINST THE COMMUNITY AUTHORITIES TO A THIRD PARTY - WHETHER SUCH ASSIGNMENT MAY BE SET ASIDE OR WHETHER IT MAY NOT BE PLEADED AGAINST THE COMMUNITY AUTHORITIES

Summary

COMMUNITY RULES ON PRODUCTION OR EXPORT REFUNDS MAY GIVE RISE , AS BETWEEN THE AUTHORITIES ENTRUSTED WITH ADMINISTERING THE SYSTEM AND TRADERS , TO RECIPROCAL AND EVEN RELATED CLAIMS WHICH ARE AN APPROPRIATE SUBJECT FOR SET-OFF .

IN THE CASE OF AN INSOLVENT TRADER , THE ASSIGNMENT OF THE TRADER ' S CLAIMS AGAINST THE COMMUNITY AUTHORITIES TO A THIRD PARTY MAY , DEPENDING ON THE CIRCUMSTANCES , AMOUNT TO AN ABUSIVE TRANSACTION OF SUCH A NATURE THAT IT MUST BE REGARDED AS INVALID AS AGAINST THOSE AUTHORITIES . ACCORDING TO A GENERAL PRINCIPLE OF LAW COMMON TO THE LAWS OF THE MEMBER STATES , CERTAIN ACTS OF A DEBTOR TO THE DETRIMENT OF THE INTERESTS OF CREDITORS AND , IN PARTICULAR , THOSE WHICH ARE OF A FRAUDULENT NATURE VIS-A-VIS CREDITORS , EITHER CANNOT BE PLEADED AGAINST THE CREDITORS OR MAY BE SET ASIDE UNDER PROCEDURES SPECIFICALLY PRESCRIBED FOR THAT PURPOSE .
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ACTION FOR DAMAGES - INDEPENDENT NATURE - ACTION DIRECTED AGAINST NATIONAL MEASURES IMPLEMENTING COMMUNITY LAW - INADMISSIBILITY

( EEC TREATY , ARTS . 178 AND 215 , SECOND PARAGRAPH )

Summary

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 NATURE . ITS PURPOSE IS NOT TO ENABLE THE COURT TO EXAMINE THE VALIDITY OF DECISIONS TAKEN BY NATIONAL AGENCIES RESPONSIBLE FOR THE IMPLEMENTATION OF CERTAIN MEASURES WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY OR TO ASSESS THE FINANCIAL CONSEQUENCES RESULTING FROM ANY INVALIDITY OF SUCH DECISIONS .

IN CONSEQUENCE AN ACTION FOR DAMAGES ALLEGING IN SUBSTANCE THE UNLAWFULNESS OF A NATIONAL MEASURE ADOPTED TO IMPLEMENT A COMMUNITY MEASURE IS INADMISSIBLE WHERE THE PLAINTIFF HAS NOT MADE USE OF THE POSSIBILITY OF BRINGING AN ACTION AGAINST THE NATIONAL MEASURE BEFORE THE NATIONAL COURTS HAVING JURISDICTION AND WHERE NECESSARY CITING THE UNLAWFULNESS OR THE WRONGFUL APPLICATION OF THE SAID COMMUNITY MEASURE . THE POSITION IS ALSO THE SAME EVEN WHERE TO BRING SUCH AN ACTION WOULD HAVE INVOLVED THE PLAINTIFF IN CONSIDERABLE FINANCIAL RISK . IN CHOOSING TO AVOID SUCH A RISK THE APPLICANT HAS ALSO DEPRIVED ITSELF OF THE OPPORTUNITY THEN OPEN TO IT OF CORRECTING THE ILLEGALITY OF WHICH IT COMPLAINS .
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1 . EEC - PROTOCOL ON GERMAN INTERNAL TRADE - OBJECTIVE - CONDITIONS OF APPLICATION - GOODS FROM THE FEDERAL REPUBLIC OF GERMANY PUT DIRECTLY INTO FREE CIRCULATION IN THE GERMAN DEMOCRATIC REPUBLIC

( EEC TREATY , PROTOCOL ON GERMAN INTERNAL TRADE , PARAGRAPH 1 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT REFUNDS - EXPORTATION - CONCEPT - TRADE FORMING PART OF GERMAN INTERNAL TRADE - EXCLUSION

Summary

1 . PARAGRAPH I OF THE PROTOCOL ON GERMAN INTERNAL TRADE AND CONNECTED PROBLEMS , ANNEXED TO THE EEC TREATY , IS INTENDED TO RELIEVE THE FEDERAL REPUBLIC OF GERMANY OF THE OBLIGATION TO APPLY THE RULES OF COMMUNITY LAW TO GERMAN INTERNAL TRADE . IT ACCORDS A SPECIAL STATUS TO THE GERMAN DEMOCRATIC REPUBLIC AS TERRITORY WHICH DOES NOT FORM PART OF THE COMMUNITY BUT WHICH IS NOT A NON-MEMBER COUNTRY VIS-A-VIS THE FEDERAL REPUBLIC OF GERMANY .

FOR A TRANSACTION TO FORM PART OF GERMAN INTERNAL TRADE WITHIN THE MEANING OF THE PROTOCOL , IT IS NECESSARY , AND AT THE SAME TIME SUFFICIENT , THAT THE GOODS ARE PUT INTO FREE CIRCULATION IN THE GERMAN DEMOCRATIC REPUBLIC WITHOUT HAVING BEEN IN FREE CIRCULATION IN A THIRD COUNTRY AFTER HAVING LEFT THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY .

2 . THE CONCEPT OF EXPORT WITHIN THE CONTEXT OF THE COMMUNITY PROVISIONS CONCERNING EXPORT REFUNDS FOR AGRICULTURAL PRODUCTS SUBJECT TO THE COMMON ORGANIZATION OF THE MARKETS MUST BE INTERPRETED AS MEANING THAT IT DOES NOT REFER TO TRADE FORMING PART OF GERMAN INTERNAL TRADE WITHIN THE MEANING OF THE PROTOCOL ON GERMAN INTERNAL TRADE .