ddrg/super_eurlex huggingface dataset:
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OFFICIALS - EXPATRIATION ALLOWANCE - MALE AND FEMALE OFFICIALS - COMPARABLE SITUATION - NATIONALITY IMPOSED BY LAW ON A FEMALE OFFICIAL UPON HER MARRIAGE - DIFFERENCE OF TREATMENT - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS, ANNEX VII, ARTICLE 4 )

Summary

THE CONCEPT OF 'NATIONALS' CONTAINED IN ARTICLE 4 ( A ) OF ANNEX VII OF THE STAFF REGULATIONS OF OFFICIALS MUST BE INTERPRETED IN SUCH A WAY AS TO AVOID ANY UNWARRANTED DIFFERENCE OF TREATMENT AS BETWEEN MALE AND FEMALE OFFICIALS WHO ARE IN FACT, PLACED IN COMPARABLE SITUATIONS . IT IS, THEREFORE, NECESSARY TO EXCLUDE NATIONALITY IMPOSED BY LAW ON A FEMALE OFFICIAL UPON HER MARRIAGE WITH A NATIONAL OF ANOTHER STATE AND WHICH SHE WAS UNABLE TO RENOUNCE .
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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - NATIONAL MARKET ORGANIZATION - GENERAL RULES OF THE TREATY - ARTICLE 33 - DEROGATION - PROVISIONAL ADMISSIBILITY - CONDITIONS

( EEC TREATY, ARTICLE 40 ( 2 ))

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - NATIONAL MARKET ORGANIZATION - CONCEPT

( EEC TREATY, ARTICLE 40 ( 2 ))

Summary

1 . DEROGATIONS WHICH A NATIONAL ORGANIZATION MAY EFFECT FROM THE GENERAL RULES OF THE TREATY ARE ONLY PERMISSIBLE PROVISIONALLY UNTIL THE END OF THE TRANSITIONAL PERIOD TO THE EXTENT NECESSARY TO ENSURE ITS FUNCTIONING, WITHOUT HOWEVER IMPEDING THE ADAPTATIONS WHICH ARE INVOLVED IN THE ESTABLISHMENT OF THE COMMON AGRICULTURAL POLICY .

THEY CEASE AT THE EXPIRY OF THIS PERIOD, WHEN THE PROVISIONS OF ARTICLE 33 MUST BE FULLY EFFECTIVE .

2 . THE NATIONAL ORGANIZATION AMOUNTS TO A TOTALITY OF LEGAL DEVICES PLACING THE REGULATION OF THE MARKET IN THE PRODUCTS IN QUESTION UNDER THE CONTROL OF THE PUBLIC AUTHORITY, WITH A VIEW TO ENSURING, BY MEANS OF AN INCREASE IN PRODUCTIVITY AND OF OPTIMUM UTILIZATION OF MANPOWER, A FAIR STANDARD OF LIVING FOR PRODUCERS, THE STABILIZATION OF THE MARKET, THE ASSURANCE OF SUPPLIES AND REASONABLE PRICES TO THE CONSUMERS .

TO CONTINUE PERMANENTLY BEYOND THE TRANSITIONAL PERIOD A SIMPLE QUOTA SYSTEM CANNOT RESPOND TO THESE CONDITIONS .
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1 . OFFICIALS - INVALIDITY - COMMITTEE - MEMBERS - DISAGREEMENT - DECISION TAKEN BY A MAJORITY

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 59 )

2 . OFFICIALS - INVALIDITY - COMMITTEE - OPINION - REFERENCE TO THE COMMITTEE - DISPUTES - NO NEW FACTOR

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 59 ( 3 ))

Summary

1 . A MEMBER OF AN INVALIDITY COMMITTEE, APPOINTED BY ONE OF THE PARTIES, CANNOT, BY HIS REFUSAL TO SIGN, BLOCK THE PROCEDURE PROVIDED FOR IN ARTICLE 59 AND MAKE THE APPLICATION OF THE PROVISIONS OF THE STAFF REGULATIONS IMPOSSIBLE .

THE STAFF REGULATIONS, BY PROVIDING FOR A COMMITTEE CONSISTING OF THREE MEMBERS, IMPLY THAT IN THE EVENT OF DISAGREEMENT THE COMMITTEE MAY DECIDE BY A MAJORITY .

THE CONCLUSIONS, REPRESENTING THE OPINION OF THE MAJORITY OF THE INVALIDITY COMMITTEE, MUST THEREFORE BE CONSIDERED VALID .

2 . THERE IS NO LONGER ANY DISPUTE WHICH CAN BE REFERRED TO AN INVALIDITY COMMITTEE FOR AN OPINION .

WHEN THE POINT BEING CONTESTED HAS ALREADY BEEN VALIDLY DECIDED BY THE INVALIDITY COMMITTEE AND THE MEDICAL CERTIFICATES PRODUCED BY THE APPLICANT REVEAL NO NEW FACTOR CONCERNING THE NATURE OF HIS ILLNESS OR HIS FITNESS FOR WORK .
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1 . PROCEEDINGS - APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - DECISION OF INDIVIDUAL CONCERN TO THEM - MEANING

( EEC TREATY, ARTICLE 173 )

2 . PROCEEDINGS - APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - ORGANIZATION FOR THE PROTECTION OF COLLECTIVE INTERESTS - MEASURE AFFECTING THE GENERAL INTERESTS OF SUCH AN ORGANIZATION - NOT A DECISION OF INDIVIDUAL CONCERN TO IT

Summary

1 . NATURAL OR LEGAL PERSONS TO WHOM ARTICLE 173 REFERS AND TO WHOM THE DISPUTED MEASURE IS NOT ADDRESSED MAY ONLY CLAIM THAT THE MEASURE IS OF INDIVIDUAL CONCERN TO THEM IF IT AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM, OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS, AND BY VIRTUE OF THESE FACTORS DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

2 . AN ORGANIZATION FORMED FOR THE PROTECTION OF THE COLLECTIVE INTERESTS OF A CATEGORY OF PERSONS CANNOT BE CONSIDERED AS BEING DIRECTLY AND INDIVIDUALLY CONCERNED BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THAT CATEGORY .

THE MERE PARTICIPATION OF SUCH AN ORGANIZATION IN THE DISCUSSIONS WHICH PRECEDED THE DISPUTED MEASURE IS NOT SUFFICIENT TO CHANGE THE NATURE OF THE RIGHT OF ACTION WHICH, IN THE CONTEXT OF ARTICLE 173, IT MAY POSSESS IN RELATION TO THAT MEASURE .
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1 . OFFICIALS - SOCIAL SECURITY - SICKNESS AND ACCIDENT INSURANCE - RULES OF APPLICATION - ABSENCE - INSURANCE POLICY - SUBSCRIPTION BY ADMINISTRATION - DEROGATION FROM THE RIGHTS LAID DOWN BY THE STAFF REGULATIONS - NOT PERMISSIBLE

( STAFF REGULATIONS , ARTICLE 73 )

2 . OFFICIALS - SOCIAL SECURITY - SICKNESS AND ACCIDENT INSURANCE - BENEFITS - PAYMENT - DELAY - INTEREST - DAMAGE - WRONGFUL ACT OR OMMISSION OF ADMINISTRATION - PROOF - DUTY OF PERSON CONCERNED

( STAFF REGULATIONS , ARTICLE 73 )

3 . OFFICIALS - SOCIAL SECURITY - SICKNESS AND ACCIDENT INSURANCE - TERMINATION OF SERVICE - BENEFITS - TRANSFER - COVER UNDER ARTICLE 17 ( 4 ) OF ANNEX VII TO THE STAFF REGULATIONS - ABSENCE

( STAFF REGULATIONS , ARTICLE 73 )

4 . OFFICIALS - PECUNIARY BENEFITS - TRANSFER - COSTS - COMPETENT INSTITUTION - DUTY

Summary

1 . THE TERMS OF AN INSURANCE POLICY TAKEN OUT BY THE ADMINISTRATION IN THE ABSENCE OF RULES DRAWN UP BY AGREEMENT BETWEEN THE INSTITUTIONS OF THE COMMUNITIES CANNOT DEROGATE FROM THE RIGHTS WHICH AN OFFICIAL DERIVES DIRECTLY FROM THE STAFF REGULATIONS .

2 . IN THE ABSENCE OF ANY PROVISION OF THE STAFF REGULATIONS OR OF THE INSURANCE POLICY WHICH EXPRESSLY PROVIDES FOR THE PAYMENT OF INTEREST IT IS FOR THE APPLICANT TO ESTABLISH THAT THE DELAY IN PAYMENT OF THE ALLOWANCE CONSTITUTES A WRONGFUL ACT OR COMMISSION ON THE PART OF THE COUNCIL WHICH HAS IN FACT CAUSED HIM DAMAGE .

3 . AN OFFICIAL WHO HAS TERMINATED HIS SERVICE CANNOT CLAIM TO BE COVERED BY ARTICLE 17 ( 4 ) OF ANNEX VII ON THE OCCASION OF THE TRANSFER OF SUMS PAYABLE TO HIM UNDER ARTICLE 73 OF THE STAFF REGULATIONS BY WAY OF SOCIAL SECURITY .

4 . THE COMPETENT INSTITUTION MUST BEAR THE COSTS OF TRANSFER TO THE PLACE OF RESIDENCE OF A FORMER OFFICIAL OF A PECUNIARY BENEFIT REMAINING DUE TO HIM AT THE PLACE WHERE HE PREVIOUSLY CARRIED OUT HIS DUTIES .
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SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS UNDER THE LEGISLATION OF THE COMPETENT STATE - LIMITED AND CONDITIONAL PRESERVATION - DEPARTURE OF THE PERSON CONCERNED TO ANOTHER MEMBER STATE - BENEFITS UNDER THE LEGISLATION OF THAT STATE - REFUSAL BASED ON FAILURE TO FULFIL THE CONDITIONS LAID DOWN BY ARTICLE 69 OF REGULATION ( EEC ) NO 1408/71 - NOT PERMISSIBLE

Summary

ARTICLE 69 OF REGULATION ( EEC ) NO 1408/71 IS INTENDED SOLELY TO ENSURE FOR THE MIGRANT WORKER THE LIMITED AND CONDITIONAL PRESERVATION OF THE UNEMPLOYMENT BENEFITS OF THE COMPETENT STATE EVEN IF HE GOES TO ANOTHER MEMBER STATE AND THIS OTHER MEMBER STATE CANNOT, THEREFORE, RELY ON MERE FAILURE TO COMPLY WITH THE CONDITIONS PRESCRIBED UNDER THAT ARTICLE TO DENY THE WORKER ENTITLEMENT TO THE BENEFIT WHICH HE MAY CLAIM UNDER THE NATIONAL LEGISLATION OF THAT STATE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MEMBER STATES - INTERVENTION - PERMISSIBILITY - CONDITION

( EEC TREATY , ARTICLE 40 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRICE - FORMATION - MEMBER STATES - INTERVENTION - PROHIBITION

( REGULATION NO 120/67 OF THE COUNCIL , ARTICLE 2 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - PRICE - INDIVIDUAL PRODUCER - RIGHT - MEMBER STATES - ILLEGAL INTERVENTION - DAMAGE - COMPENSATION - NATIONAL LAW - APPLICATION

( REGULATION NO 120 OF THE COUNCIL , ARTICLE 2 )

Summary

1 . INTERVENTION BY A MEMBER STATE ON THE AGRICULTURAL MARKET IS COMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN THE SECTOR IN QUESTION ONLY IN SO FAR AS IT DOES NOT JEOPARDIZE THE OBJECTIVES OR OPERATION OF THAT ORGANIZATION .

2 . THE ACTION OF A MEMBER STATE IN PURCHASING DURUM WHEAT ON THE WORLD MARKET AND SUBSEQUENTLY RESELLING IT ON THE COMMUNITY MARKET AT A PRICE LOWER THAN THE TARGET PRICE IS INCOMPATIBLE WITH THE COM- MON ORGANIZATION OF THE MARKET IN CEREALS .

3 . AN INDIVIDUAL PRODUCER OF CEREALS MAY CLAIM , UNDER COMMUNITY RULES , THAT HE SHOULD NOT BE PREVENTED FROM OBTAINING A PRICE APPROXIMATING TO THE TARGET PRICE AND IN ANY EVENT NOT LOWER THAN THE INTERVENTION PRICE .

IF AN INDIVIDUAL PRODUCER HAS SUFFERED DAMAGE AS A RESULT OF THE INTERVENTION OF THE MEMBER STATE IN VIOLATION OF COMMUNITY LAW IT WILL BE FOR THE STATE , AS REGARDS THE INJURED PARTY , TO TAKE THE CONSEQUENCES UPON ITSELF IN THE CONTEXT OF THE PROVISIONS OF NATIONAL LAW RELATING TO THE LIABILITY OF THE STATE .
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1 . COMMON CUSTOMS TARIFF - ADDITIONAL NOTE - MANDATORY FORCE

2 . COMMON CUSTOMS TARIFF - REPLACEMENT OF NATIONAL CUSTOMS TARIFFS - INTERPRETATION - EXCLUSIVE COMPETENCE OF COMMUNITY AUTHORITIES

3 . GATT - COMMITMENTS - MANDATORY FORCE FOR THE COMMUNITY - DETERMINATION BY REFERENCE TO COMMUNITY PROVISIONS

4 . COMMON CUSTOMS TARIFF - BRUSSELS CONVENTIONS ON NOMENCLATURE AND SETTING UP OF A CUSTOMS COOPERATION COUNCIL - COMMITMENTS - MANDATORY FORCE FOR THE COMMUNITY

5 . COMMON CUSTOMS TARIFF - CUSTOM COOPERATION COUNCIL - CLASSIFICATION OPINION - EFFECT - INTERPRETATION

Summary

1 . AN ADDITIONAL NOTE TO THE CUSTOMS TARIFF, DECIDED UPON BY THE COUNCIL, BECOMES PART OF THE HEADING TO WHICH IT REFERS AND HAS THE SAME BINDING EFFECT BOTH WHETHER IT CONSTITUTES AN AUTHENTIC INTERPRETATION OF THE HEADING OR SUPPLEMENTS IT .

2 . WITH EFFECT FROM 1 JULY 1968 THE COMMON CUSTOMS TARIFF REPLACED THE NATIONAL CUSTOMS TARIFFS OF THE MEMBER STATES .

SUBJECT TO REVIEW BY THE COURTS RESPONSIBLE FOR APPLYING AND INTERPRETING COMMUNITY LAW, THE COMMUNITY AUTHORITIES ALONE HAVE JURISDICTION TO INTERPRET AND DETERMINE THE LEGAL EFFECT OF THE HEADINGS WHICH IT COMPRISES .

CONSEQUENTLY AN INTERPRETATION PLACED UPON A HEADING OF A NATIONAL CUSTOMS TARIFF, OR OF ONE WHICH WAS COMMON ONLY TO SOME MEMBER STATES, BY THE COMPETENT AUTHORITY OF A MEMBER STATE BEFORE 1 JULY 1968 CAN NO LONGER HOLD GOOD UNDER THE COMMUNITY LEGAL SYSTEM, EVEN IF THE WORDING OF THE HEADING IN THE CCT HAS REMAINED THE SAME .

3 . SINCE, SO FAR AS FULFILMENT OF THE COMMITMENTS PROVIDED FOR BY GATT IS CONCERNED, THE COMMUNITY HAS REPLACED THE MEMBER STATES, THE MANDATORY EFFECT, IN LAW, OF THESE COMMITMENTS MUST BE DETERMINED BY REFERENCE TO THE RELEVANT PROVISIONS IN THE COMMUNITY LEGAL SYSTEM AND NOT TO THOSE WHICH GAVE THEM THEIR PREVIOUS FORCE UNDER THE NATIONAL LEGAL SYSTEMS .

4 . THE COMMUNITY HAS REPLACED THE MEMBER STATES IN COMMITMENTS ARISING FROM THE CONVENTION OF 15 DECEMBER 1950 ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS AND FROM THE CONVENTION OF THE SAME DATE ESTABLISHING A CUSTOMS COOPERATION COUNCIL .

5 . THE CLASSIFICATION OPINIONS EXPRESSED BY THE CUSTOMS COOPERATION COUNCIL DO NOT BIND THE CONTRACTING PARTIES BUT THEY HAVE A BEARING ON INTERPRETATION WHICH IS ALL THE MORE DECISIVE THEY EMANATE FROM AN AUTHORITY ENTRUSTED BY THE CONTRACTING PARTIES WITH ENSURING UNIFORMITY IN THE INTERPRETATION AND APPLICATION OF THE NOMENCLATURE .

WHEN SUCH AN INTERPRETATION REFLECTS THE GENERAL PRACTICE FOLLOWED BY THE CONTRACTING STATES, IT CAN BE SET ASIDE ONLY IF IT APPEARS INCOMPATIBLE WITH THE WORDING OF THE HEADING CONCERNED OR GOES MANIFESTLY BEYOND THE DISCRETION CONFERRED ON THE CUSTOMS COOPERATION COUNCIL .
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COMMERCIAL POLICY - DEROGATIONS WITHIN THE MEANING OF ARTICLE 115 OF THE EEC TREATY - STRICT INTERPRETATION - DUTIES OF THE COMMISSION

Summary

BECAUSE THEY CONSTITUTE NOT ONLY AN EXCEPTION TO ARTICLES 9 AND 30 OF THE EEC TREATY , WHICH ARE FUNDAMENTAL TO THE OPERATION OF THE COMMON MARKET , BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR BY ARTICLE 113 , THE DEROGATIONS ALLOWED UNDER ARTICLE 115 MUST BE STRICTLY INTERPRETED AND APPLIED .

WHEN AUTHORIZING A MEMBER STATE TO ADOPT PROTECTIVE MEASURES WITHIN THE SPHERE OF COMMERCIAL POLICY , THE COMMISSION MUST REVIEW THE REASONS PUT FORWARD BY THE STATE CONCERNED IN ORDER TO JUSTIFY THOSE MEASURES AND EXAMINE WHETHER THEY ARE NECESSARY AND IN ACCORDANCE WITH THE TREATY .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - SALE - MAXIMUM PRICES - UNILATERAL FIXING BY A MEMBER STATE - PROHIBITION

( REGULATION NO 1009/67 OF THE COUNCIL )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ARTICLE 30 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - SUGAR - SALE - MAXIMUM PRICES - UNILATERAL FIXING BY A MEMBER STATE - QUANTITATIVE RESTRICTIONS - MEASURE HAVING EQUIVALENT EFFECT

( REGULATION NO 1009/67 OF THE COUNCIL , ARTICLE 35 )

4 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - IMMEDIATE EFFECTS - INDIVIDUAL RIGHTS - PROTECTION

( EEC TREATY , ARTICLE 189 )

Summary

1 . THE UNILATERAL FIXING BY A MEMBER STATE OF MAXIMUM PRICES FOR THE SALE OF SUGAR , WHATEVER THE MARKETING STAGE IN QUESTION , IS INCOMPATIBLE WITH REGULATION NO 1009/67 ONCE IT JEOPARDIZES THE OBJECTIVES AND THE FUNCTIONING OF THIS ORGANIZATION AND IN PARTICULAR ITS SYSTEM OF PRICES .

SUCH IS THE CASE WHERE A MEMBER STATE IN RESPECT OF WHICH THE INTERVENTION PRICE HAS BEEN FIXED AT A LEVEL HIGHER THAN THE TARGET PRICE REGULATES THE PRICES IN SUCH A WAY AS DIRECTLY OR INDIRECTLY TO MAKE IT DIFFICULT FOR THE SUGAR MANUFACTURERS TO OBTAIN AN EX-FACTORY PRICE AT LEAST EQUAL TO THE SAID INTERVENTION PRICE . SUCH AN INDIRECT OBSTRUCTION EXISTS WHEN THE MEMBER STATE IN QUESTION , WITHOUT REGULATING THE PRICES AT THE PRODUCTION STAGE , FIXES MAXIMUM SELLING PRICES FOR THE WHOLESALE AND RETAIL STAGES AT SUCH A LOW LEVEL THAT THE GROWER FINDS IT PRACTICALLY IMPOSSIBLE TO SELL AT THE INTERVENTION PRICE SINCE , IF HE WERE TO DO SO , IT WOULD FORCE THE WHOLESALERS OR RETAILERS , BOUND BY THE SAID MAXIMUM PRICES , TO SELL AT A LOSS .

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

3 . ALTHOUGH A MAXIMUM PRICE APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS DOES NOT IN ITSELF CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , IT MAY HAVE SUCH AN EFFECT , HOWEVER , WHEN IT IS FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES , IF NOT IMPOSSIBLE , MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS . A MAXIMUM PRICE , IN ANY EVENT IN SO FAR AS IT APPLIES TO IMPORTED PRODUCTS , CONSTITUTES THERE- FORE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , ESPECIALLY WHEN IT IS FIXED AT SUCH A LOW LEVEL THAT , HAVING REGARD TO THE GENERAL SITUATION OF IMPORTED PRODUCTS COMPARED TO THAT OF DOMESTIC PRODUCTS , DEALERS WISHING TO IMPORT THE PRODUCT IN QUESTION INTO THE MEMBER STATE CONCERNED CAN DO SO ONLY AT A LOSS .

4 . BY REASON OF ITS VERY NATURE AND ITS FUNCTION IN THE SYSTEM OF THE SOURCES OF COMMUNITY LAW THE REGULATION PRODUCES IMMEDIATE EFFECTS AND AS SUCH IS CAPABLE OF CONFERRING ON PARTIES RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .
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OFFICIALS - APPEALS - SUBJECT-MATTER - INTERNAL RELATIONSHIPS WITHIN THE SERVICE - INADMISSIBILITY

( STAFF REGULATIONS , ARTICLES 90 AND 91 )

Summary

THE PURPOSE OF THE APPEALS PROVIDED FOR UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS IS TO ARRANGE FOR THE REVIEW BY THE COURT OF ACTS AND OMISSIONS BY THE ' APPOINTING AUTHORITY ' LIABLE TO AFFECT THE POSITION OF OFFICIALS AND SERVANTS OF THE COMMUNITY UNDER THE STAFF REGULATIONS . AN APPEAL IS INADMISSIBLE IF IT CONCERNS EXCLUSIVELY INTERNAL RELATION- SHIPS WITHIN THE SERVICE AND , MORE PARTICULARLY , QUESTIONS OF ADMINISTRATIVE AND WORKING ORGANIZATION .
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1 . OFFICIAL - REPRESENTATION - STAFF COMMITTEE - ELECTION - VOTE - ESSENTIAL RULES - FREEDOM OF CHOICE OF THE ELECTORS - INFRINGEMENT - CONCEPT

( STAFF REGULATIONS OF OFFICIALS , SECOND PARAGRAPH OF ARTICLE 9 AND ANNEX II , ARTICLE 1 )

2 . INSTITUTIONS OF THE COMMUNITY - OFFICIALS - REPRESENTATION - STAFF COMMITTEE - ELECTION - LAWFUL NATURE - REVIEW - OBLIGATIONS OF THE INSTITUTIONS - DISBANDMENT OF A CONMITTEE IMPROPERLY ELECTED - REQUIREMENTS OF LEGAL CERTAINTY

( STAFF REGULATIONS OF OFFICIALS , SECOND PARAGRAPH OF ARTICLE 9 AND ANNEX II , ARTICLE 1 )

Summary

1 . AN INFRINGEMENT OF THE ESSENTIAL RULES OF THE BALLOT WOULD ONLY BE ESTABLISHED IF ELECTORS HAD BEEN SUBJECTED TO UNILATERAL PRESSURE , JEOPARDIZING THEIR FREEDOM OF CHOICE IN VOTING .

2 . THE COMMUNITY INSTITUTIONS ARE OBLIGED TO SUPERVISE THE ORGANIZATION AND CONDUCT OF ELECTIONS TO STAFF COMMITTEES AND TO EXAMINE WITH THE NECESSARY ASSIDUITY ANY COMPLAINTS WHICH MAY BE SUBMITTED IN THIS CONNEXION .

IF THE ELECTIONS ARE IRREGULAR THE INSTITUTION CONCERNED IS ENTITLED AND REQUIRED TO DISBAND THE COMMITTEE WHICH HAS BEEN IMPROPERLY ELECTED , SUBJECT TO ANY MEASURES NECESSARY IN THE INTERESTS OF LEGAL CERTAINTY .
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1 . DISCRIMINATION BASED UPON NATIONALITY - PROHIBITION - MATCHES BETWEEN PROFESSIONAL SPORTSMEN - EXCLUSION - INFRINGEMENT OF ARTICLES 48 TO 51 OR 59 TO 66 OF THE EEC TREATY - RESTRICTIONS IN THE CASE OF MATCHES FOR REASONS WHICH ARE NOT OF AN ECONOMIC NATURE - PERMISSIBILITY - JURISDICTION OF THE NATIONAL COURT

( EEC TREATY , ARTICLES 7 , 48 TO 51 , 59 TO 66 )

2 . WORKERS - FREEDOM OF MOVEMENT - SERVICES - FREEDOM TO PROVIDE - DISCRIMINATION - ABOLITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY NATIONAL COURTS

( EEC TREATY , ARTICLE 48 , FIRST PARAGRAPH OF ARTICLE 59 , THIRD PARAGRAPH OF ARTICLE 60 ).

Summary

1 . RULES OR A NATIONAL PRACTICE , EVEN ADOPTED BY A SPORTING ORGANIZATION , WHICH LIMIT THE RIGHT TO TAKE PART IN FOOTBALL MATCHES AS PROFESSIONAL OR SEMI-PROFESSIONAL PLAYERS SOLELY TO THE NATIONALS OF THE STATE IN QUESTION , ARE INCOMPATIBLE WITH ARTICLE 7 AND , AS THE CASE MAY BE , WITH ARTICLES 48 TO 51 OR 59 TO 66 OF THE TREATY , UNLESS SUCH RULES OR PRACTICE EXCLUDE FOREIGN PLAYERS FROM PARTICIPATION IN CERTAIN MATCHES FOR REASONS WHICH ARE NOT OF AN ECONOMIC NATURE , WHICH RELATE TO THE PARTICULAR NATURE AND CONTEXT OF SUCH MATCHES AND ARE THUS OF SPORTING INTEREST ONLY . IT IS FOR THE NATIONAL COURT TO DETERMINE THE NATURE OF THE ACTIVITIES SUBMITTED TO ITS JUDGMENT AND TO TAKE INTO ACCOUNT ARTICLES 7 , 48 AND 59 OF THE TREATY , WHICH ARE MANDATORY IN NATURE , IN ORDER TO JUDGE THE VALIDITY OR THE EFFECTS OF A PROVISION INSERTED INTO THE RULES OF A SPORTING ORGANIZATION .

2 . ARTICLE 48 ON THE ONE HAND AND THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE TREATY ON THE OTHER - THE LAST TWO PROVISIONS AT LEAST IN SO FAR AS THEY SEEK TO ABOLISH ANY DISCRIMINATION AGAINST A PERSON PROVIDING A SERVICE BY REASON OF HIS NATIONALITY OR THE FACT THAT HE RESIDES IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED - HAVE A DIRECT EFFECT IN THE LEGAL ORDERS OF THE MEMBER STATES AND CONFER ON INDIVIDUALS RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
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1 . PROCEDURE - APPLICATION - JURISDICTION OF THE COURT - ARBITRATION CLAUSE CONTAINED IN A CONTRACT - SUBMISSION OF THE APPLICATION - FORM

( EAEC TREATY , ARTICLE 153 )

2 . REQUEST FOR TENDERS - EVALUATION - FACTORS - DISCRETION OF THE ADMINISTRATIVE AUTHORITY - PRICE - HIGHER THAN THE OTHER OFFERS - THAT OFFER CHOSEN - MISUSE OF POWERS - ABSENCE THEREOF

( FINANCIAL REGULATION OF 1973 , ARTICLE 59 ( 2 ))

3 . PROCEDURE - APPLICATION - GROUNDS - MISUSE OF POWERS - EVIDENCE

4 . PROCEDURE - COSTS - ORDER THAT THE PARTIES BEAR THEIR OWN COSTS - EXCEPTIONAL CIRCUMSTANCE

( RULES OF PROCEDURE , ARTICLE 69 ( 3 ))

Summary

1 . THE SUBMISSION OF AN APPLICATION UNDER ARTICLE 153 OF THE EAEC TREATY IS VALID IF THAT APPLICATION IS ACCOMPANIED BY THE CONTRACTUAL DOCUMENTS AND THE CORRESPONDENCE REFERRING THERETO .

2 . THERE IS NO PROVISION WHICH STIPULATES THAT PRICE MUST CONSTITUTE THE ONLY DECISIVE FACTOR IN THE EVALUATION OF THE FINANCIAL AND TECHNICAL ASPECTS OF THE OFFERS . THEREFORE IF , IN A PROCEDURE FOR REQUEST FOR TENDERS , THE ADMINISTRATIVE AUTHORITY CHOOSES AN UNDERTAKING WHOSE OFFER IS HIGHER IN PRICE THAN THE OTHERS , THAT FACT DOES NOT OF ITSELF CONSTITUTE A MISUSE OF POWERS .

3 . IN ORDER TO FIND THAT THERE HAS BEEN A MISUSE OF POWERS , IT MUST BE SHOWN THAT THE REASONS FOR THE ADMINISTRATIVE AUTHORITY ' S CHOICE WERE EXTRANEOUS TO THE INTERESTS OF THE SERVICE .

4 . IF , IN THE COURSE OF A PROCEDURE OF REQUEST FOR TENDERS , A PARTY HAD GOOD REASON TO CONSIDER ITSELF JUSTIFIED IN ASKING THE ADMINISTRATIVE AUTHORITY TO EXPLAIN BEFORE THE COURT THE GROUNDS FOR ITS CHOICE , THIS CONSTITUTES AN EXCEPTIONAL CIRCUMSTANCE GIVING GROUNDS FOR AN ORDER THAT THE PARTIES BEAR THEIR OWN COSTS .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER - CONCEPT - DEFINITION VIS-A-VIS BRITISH LEGISLATION - EFFECT - OBJECT

( REGULATION NO 1408/71 OF THE COUNCIL , ANNEX V , POINT I , PARAGRAPH 1 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - WORKER - CONCEPT - DEFINITION VIS-A-VIS BRITISH LEGISLATION - SICKNESS - BENEFITS IN CASH - STAY ON THE TERRITORY OF ANOTHER MEMBER STATE - RECIPIENTS

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 1 ( A ) ( II ); FIRST SENTENCE OF ARTICLE 22 ( 1 ) ( II )

Summary

1 . THE PROVISION IN PARAGRAPH 1 OF POINT I ( UNITED KINGDOM ) OF ANNEX V TO REGULATION NO 1408/71 , FAR FROM RESTRICTING THE DEFINITION OF THE TERM ' WORKER ' AS IT EMERGES FROM CLARIFY THE SCOPE OF SUBPARAGRAPH ( II ) OF THIS PARAGRAPHVIS-A-VIS BRITISH LEGISLATION .

2 . A PERSON WHO :

- WAS COMPULSORILY INSURED AGAINST THE CONTINGENCY OF ' SICKNESS ' SUCCESSIVELY AS AN EMPLOYED PERSON AND AS A SELF-EMPLOYED PERSON UNDER A SOCIAL SECURITY SCHEME FOR THE WHOLE WORKING POPULATION ;

- WAS A SELF-EMPLOYED PERSON WHEN THIS CONTINGENCY OCCURRED ;

- AT THE SAID TIME AND UNDER THE PROVISIONS OF THE SAID SCHEME , NEVERTHELESS COULD HAVE CLAIMED SICKNESS BENEFITS IN CASH AT THE FULL RATE ONLY IF THERE WERE TAKEN INTO ACCOUNT BOTH THE CONTRIBUTIONS PAID BY HIM OR ON HIS BEHALF WHEN HE WAS AN EMPLOYED PERSON AND THOSE WHICH HE MADE AS A SELF-EMPLOYED PERSON ;

CONSTITUTES , AS REGARDS BRITISH LEGISLATION , A ' WORKER ' WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 FOR THE PURPOSES OF THE APPLICATION OF THE FIRST SENTENCE OF ARTICLE 22 ( 1 ) ( II ) OF THAT REGULATION .
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OFFICIALS - OTHER SERVANTS - APPLICATION UNDER ARTICLE 179 OF THE EEC TREATY - PRIOR COMPLAINT - ABSENCE THEREOF - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 ; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTICLE 46 )

Summary

AN APPLICATION UNDER ARTICLE 179 OF THE TREATY CANNOT BE DECLARED ADMISSIBLE IN THE ABSENCE OF A PRIOR COMPLAINT AS PROVIDED FOR IN ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS .
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OFFICIALS - LEAVE ON PERSONAL GROUNDS - REASONS FOR THE REQUEST - INSTITUTIONS ' POWER OF APPRAISAL - CRIMINAL PROCEEDINGS AGAINST AN OFFICIAL - SITUATION IRRELEVANT TO THE POSITION OF LEAVE ON PERSONAL GROUNDS

( STAFF REGULATIONS , ARTICLE 40 )

Summary

THE INSTITUTIONS ENJOY A VERY EXTENSIVE POWER OF APPRAISAL WITH REGARD TO THE VALIDITY OF THE REASONS ADVANCED BY THE OFFICIAL OR SERVANT WISHING TO TAKE ADVANTAGE OF LEAVE ON PERSONAL GROUNDS AND TO THE COMPATIBILITY OF THE GRANT OF LEAVE WITH THE INTERESTS OF THE SERVICE . ALTHOUGH THE PRACTICE OF THE INSTITUTIONS INDICATES A WIDE RANGE OF REASONS FOR GARANTING LEAVE ON PERSONAL GROUNDS , IT SEEMS CERTAIN THAT SUCH LEAVE IS NOT THE APPROPRIATE MEANS OF DEALING WITH THE CASE OF AN OFFICIAL AGAINST WHOM CRIMINAL PROCEEDINGS HAVE BEEN INSTITUTED .