ddrg/super_eurlex huggingface dataset:
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MEASURES ADOPTED BY AN INSTITUTION - REGULATION - CONCEPT

Summary

A REGULATION IS A MEASURE WHICH APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND PRODUCES LEGAL EFFECTS WITH REGARD TO CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT .

THE NATURE OF A MEASURE AS A REGULATION IS NOT CALLED IN QUESTION BY THE POSSIBILITY OF DETERMINING MORE OR LESS PRECISELY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT A GIVEN MOMENT AS LONG AS IT IS ESTABLISHED THAT IT IS APPLIED BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN RELATION TO THE OBJECTIVE OF THE LATTER .

THE FACT THAT A LEGAL PROVISION MAY HAVE DIFFERENT ACTUAL EFFECTS FOR THE VARIOUS PERSONS TO WHOM IT APPLIES IS NOT INCONSISTENT WITH ITS NATURE AS A REGULATION WHEN THAT SITUATION IS OBJECTIVELY DEFINED .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMPOUND FEEDING-STUFFS FOR CATTLE - EXPORT TO THIRD COUNTRIES - REFUND - GRANT - CONDITIONS - APPLICATION TO COMPOUND FEEDING-STUFFS NOT CONTAINING POWDERED MILK

( REGULATION NO 171/64 OF THE COMMISSION )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - COMPOUND FEEDING-STUFFS FOR CATTLE - EXPORT TO THIRD COUNTRIES - REFUND - GRANT - CONDITIONS - COMPOSITION OF THE PRODUCT - MINIMUM CONTENT

( REGULATION NO 166/64 OF THE COUNCIL ; REGULATION NO 171/64 OF THE COMMISSION )

Summary

1 . EXPORT REFUNDS TO THIRD COUNTRIES MAY UNDER REGULATION NO 171/64 OF THE COMMISSION OF 30 OCTOBER 1964 BE GRANTED FOR COMPOUND ANIMAL FEEDING-STUFFS CONTAINING EITHER CEREALS OR CEREAL-BASED PRODUCTS OR MILK OR MILK PRODUCTS .

2 . HAVING REGARD TO THE OBJECTIVES OF THE SYSTEM OF EXPORT REFUNDS , AN EXPORT REFUND FOR A COMPOUND ANIMAL FEEDING-STUFF CONTAINING CEREALS OR CEREAL-BASED PRODUCTS CAN BE GRANTED UNDER REGULATION NO 166/64 OF THE COUNCIL OF 30 OCTOBER 1964 AND REGULATION NO 171/64 OF THE COMMISSION ONLY WHERE CEREALS OR PRODUCTS TO WHICH REGULATION NO 19 OF THE COUNCIL OF 4 APRIL 1962 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKETS IN CEREALS APPLIES ARE IN FACT CONTAINED IN THE MIXTURE IN SIGNIFICANT PROPORTIONS .
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OFFICIALS - SOCIAL SECURITY - ACCIDENT INSURANCE - DUTY OF THE INSTITUTION - SUBSTITUTION OF AN INSURER - LIMITED

( STAFF REGULATIONS OF OFFICIALS , ART . 73 )

Summary

ALTHOUGH , IN THE ABSENCE OF THE RULES FOR WHICH PROVISION IS MADE BY ARTICLE 73 OF THE STAFF REGULATIONS AND IN ORDER TO ENSURE THE FULFILMENT OF ITS OBLIGATIONS , AN INSTITUTION IS ENTITLED TO HAVE RECOURSE TO PROVISIONAL MEASURES AND TO TAKE OUT AN INSURANCE POLICY SPECIFYING THE CONDITIONS UNDER WHICH THERE WILL BE COVER FOR RISK , THIS DOES NOT MEAN THAT THE DUTY OF AN INSURER MAY BE SUBSTITUTED FOR THE DIRECT OBLIGATION ON THE PART OF THE INSTITUTION UNDER THAT ARTICLE AND IN PARTICULAR THAT IN THE EVENT OF AN ACCIDENT THE INSTITUTION MAY LEAVE TO THE INSURER THE TASK OF SETTLING THE PROBLEMS OF RISK COVER WHICH ARISE THEREFROM , RESTRICTING ITS OWN ROLE TO THAT OF INTERMEDIARY BETWEEN THE INSURER AND THE VICTIM .
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1 . FREEDOM OF ESTABLISHMENT - RESTRICTIONS - ABOLITION - TRANSITIONAL PERIOD - EXPIRATION - RULE ON EQUAL TREATMENT WITH NATIONALS - DIRECT EFFECT

( EEC TREATY , ARTICLES 7 , 8 ( 7 ) AND 52 )

2 . FREEDOM OF ESTABLISHMENT - NEW MEMBER STATES - RESTRICTIONS - ABOLITION - ENTRY INTO FORCE

( EEC TREATY , ARTICLE 52 )

3 . FREEDOM OF ESTABLISHMENT - ACCESS TO CERTAIN PROFESSIONS - REQUIREMENT OF QUALIFICATIONS - ABOLITION - COUNCIL DIRECTIVES - ABSENCE - DENIAL OF BENEFIT OF FREEDOM OF ESTABLISHMENT - NOT PERMISSIBLE

( EEC TREATY , ARTICLES 52 , 57 ( 1 ))

Summary

1 . THE RULE ON EQUAL TREATMENT WITH NATIONALS IS ONE OF THE FUNDAMENTAL LEGAL PROVISIONS OF THE COMMUNITY . AS A REFERENCE TO A SET OF LEGISLATIVE PROVISIONS EFFECTIVELY APPLIED BY THE COUNTRY OF ESTABLISHMENT TO ITS OWN NATIONALS , THIS RULE IS , BY ITS ESSENCE , CAPABLE OF BEING DIRECTLY INVOKED BY NATIONALS OF ALL THE OTHER MEMBER STATES . IN LAYING DOWN THAT FREEDOM OF ESTABLISHMENT SHALL BE ATTAINED AT THE END OF THE TRANSITIONAL PERIOD , ARTICLE 52 IMPOSES AN OBLIGATION TO ATTAIN A PRECISE RESULT , THE FULFILMENT OF WHICH HAD TO BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE IMPLEMEN- TATION OF A PROGRAMME OF PROGRESSIVE MEASURES . SINCE THE END OF THE TRANSITIONAL PERIOD ARTICLE 52 OF THE TREATY HAS BEEN A DIRECTLY APPLICABLE PROVISION , DESPITE THE ABSENCE , IN A PARTICULAR SPHERE , OF THE DIRECTIVES PRESCRIBED BY ARTICLES 54 ( 2 ) AND 57 ( 1 ) OF THE TREATY .

2 . IN THE ABSENCE OF TRANSITIONAL PRO- VISIONS CONCERNING THE RIGHT OF ESTABLISHMENT IN THE TREATY OF ACCESSION OF 22 JANUARY 1972 , THE PRINCIPLE CONTAINED IN ARTICLE 52 HAS , IN THE CASE OF THE NEW MEMBER STATES AND THEIR NATIONALS , BEEN FULLY EFFECTIVE SINCE THE ENTRY INTO FORCE OF THE SAID TREATY , THAT IS , SINCE 1 JANUARY 1973 . THUS A MEMBER STATE CANNOT , AFTER 1 JANUARY 1973 , MAKE THE EXERCISE OF THE RIGHT TO FREE ESTABLISHMENT BY A NATIONAL OF A NEW MEMBER STATE SUBJECT TO AN EXCEPTIONAL AUTHORIZATION IN SO FAR AS HE FULFILS THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THE COUNTRY OF ESTABLISHMENT FOR ITS OWN NATIONALS .

3 . THE LEGAL REQUIREMENT , IN THE VARIOUS MEMBER STATES , RELATING TO THE POS- SESSION OF QUALIFICATIONS FOR ADMISSION TO CERTAIN PROFESSIONS CONSTITUTES A RESTRICTION ON THE EFFECTIVE EXERCISE OF THE FREEDOM OF ESTABLISHMENT THE ABOLITION OF WHICH IS , UNDER ARTICLE 57 ( 1 ), TO BE MADE EASIER BY DIRECTIVES OF THE COUNCIL FOR THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS . NEVERTHELESS , THE FACT THAT THOSE DIRECTIVES HAVE NOT YET BEEN ISSUED DOES NOT ENTITLE A MEMBER STATE TO DENY THE PRACTICAL BENEFIT OF THAT FREEDOM TO A PERSON SUBJECT TO COMMUNITY LAW WHEN THE FREEDOM OF ESTABLISHMENT PROVIDED FOR BY ARTICLE 52 CAN BE ENSURED IN THAT MEMBER STATE BY VIRTUE IN PARTICULAR OF THE PROVISIONS OF THE LAWS AND REGULATIONS ALREADY IN FORCE .
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1 . AGRICULTURE - MONETARY CRISIS - FINDING BY THE COMMISSION - STATEMENT OF REASONS - FORMAL REQUIREMENTS

( REGULATION NO 974/71 OF THE COUNCIL , ARTICLE 1 )

2 . COMPLEX ECONOMIC SITUATION - EVALUATION - ADMINISTRATION - DISCRETION - JUDICIAL REVIEW - EXTENT THEREOF

3 . AGRICULTURE - MONETARY CRISIS - TRADE - DISTURBANCES - RISK - EXISTENCE THEREOF - DECISION OF THE ADMINISTRATION - CRITERIA

( REGULATION NO 974/71 , ARTICLE 1 )

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - HARMONIZATION THEREOF - COMMUNITY INSTITUTIONS - DUTY

( EEC TREATY , ARTICLE 39 )

Summary

1 . THE COMMISSION MAY FIND THAT THERE IS A RISK OF DISTURBANCES IN TRADE IN AGRICULTURAL PRODUCTS MERELY ON THE BASIS OF AN APPRECIABLE FALL IN THE RATE OF EXCHANGE OF A CURRENCY , AND MAY STATE ITS REASONS FOR THAT FINDING IN THE FORM OF A REFERENCE TO THE CONDITIONS SET OUT IN ARTICLE 1 ( 1 ) OF REGULATION NO 974/71 .

2 . WHERE A COMPLEX ECONOMIC SITUATION IS TO BE EVALUATED , THE ADMINISTRATION ENJOYS A WIDE MEASURE OF DISCRETION . IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .

3 . WHEN DECIDING WHETHER THERE IS A RISK OF DISTURBANCE IN TRADE IN AGRICULTURAL PRODUCTS , THE COMMISSION MAY MAKE EVALUATIONS OF A GENERAL NATURE , TAKING INTO CONSIDERATION GROUPS OF PRODUCTS - EITHER OF BASIC PRODUCTS OR OF BOTH BASIC AND DERIVED PRODUCTS - AND THE STATE OF THE MARKET , AS WELL AS THE MONETARY FACTORS RESULTING FROM THE VALUE OF THE CURRENCIES OF THE MEMBER STATES .

4 . THE COMMUNITY INSTITUTIONS MUST SECURE THE PERMANENT HARMONIZATION MADE NECESSARY BY ANY CONFLICTS BETWEEN THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY TAKEN INDIVIDUALLY AND , WHERE NECESSARY , ALLOW ANY ONE OF THEM TEMPORARY PRIORITY IN ORDER TO SATISFY THE DEMANDS OF THE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVY - REGULATION NO 120/67/EEC , ARTICLE 15 ( 2 ) - INTERPRETATION - CRITERIA

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AIM

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - IMPORTATION - THRESHOLD PRICE - VARIATION - LEVY APPLICABLE ON THE DAY ON WHICH THE APPLICATION FOR THE CERTIFICATE IS LODGED - INCREASED BY THE AMOUNT OF THE PREMIUM - ADJUSTMENT

( REGULATION NO 120/67/EEC OF THE COUNCIL , ARTICLE 15 ( 2 ))

Summary

1 . ARTICLE 15 ( 2 ) OF REGULATION NO 120/67 IS ONE OF THE FUNDAMENTAL RULES ON THE COMMUNITY SYSTEM OF LEVIES AND MUST BE INTERPRETED NOT ONLY IN THE LIGHT OF ITS WORDING BUT ALSO OF THE PRINCIPLES GOVERNING THE OPERATION OF THAT SYSTEM AND OF ITS OBJECTIVES WITHIN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY .

2 . THE COMMUNITY LEVY , WHICH IS PRIMARILY INTENDED TO PROTECT AND STABILIZE THE COMMUNITY MARKET , IN PARTICULAR BY PREVENTING PRICE FLUCTUATIONS ON THE WORLD MARKET FROM AFFECTING PRICES WITHIN THE COMMUNITY , INVOLVES THE IMPOSITION OF A CHARGE WHICH MAKES IT POSSIBLE TO ' COVER THE DIFFERENCE BETWEEN PRICES RULING OUTSIDE AND WITHIN THE COMMUNITY ' .

3 . ARTICLE 15 ( 2 ) OF REGULATION NO 120/67/EEC OF THE COUNCIL MUST BE INTERPRETED AS MEANING THAT A VARIATION IN THE THRESHOLD PRICE VALID IN THE MONTH OF IMPORTATION INTO THE COMMUNITY LEADS TO AN ADJUSTMENT OF THE LEVY APPLICABLE ON THE DAY ON WHICH THE APPLICATION FOR THE CERTIFICATE IS LODGED , AS INCREASED BY THE AMOUNT OF THE PREMIUM .
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ROAD TRANSPORT - SOCIAL LEGISLATION - HARMONIZATION - INDIVIDUAL CONTROL BOOK - ISSUE - TRANSPORT UNDERTAKING - DUTY - UNDERTAKING PROVIDING TEMPORARY LABOUR - RESPONSIBILITY

( REGULATION ( EEC ) NO 543/69 , ARTICLE 14 ( 7 ) AND ( 8 ))

Summary

IT IS FOR THE TRANSPORT UNDERTAKING TO JUDGE WHETHER AN INDIVIDUAL CONTROL BOOK MUST BE ISSUED TO CREW MEMBERS AND IT IS ACCORDINGLY THE DUTY OF THAT UNDERTAKING TO ENSURE THAT THE PROVISIONS OF ARTICLE 14 ( 7 ) AND ( 8 ) OF REGULATION ( EEC ) NO 543/69 ARE OBSERVED . THE POSITION WOULD BE DIFFERENT ONLY IF NATIONAL LEGISLATION ADOPTED IN PURSUANCE OF ARTICLE 14 ( 9 ) OF THE REGULATION IN THE SPECIAL CASE OF THE HIRING OF LABOUR WERE TO IMPOSE THAT DUTY ON THE UNDERTAKING PROVIDING THE TEM- PORARY LABOUR .
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SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - FIELD OF APPLICATION - NATIONAL LAW OR REGULATION SPECIFIED OR NOT SPECIFIED BY A MEMBER STATE IN THE DECLARATIONS REFERRED TO IN ARTICLE 5 OF REGULATION NO 1408/71 - CONSEQUENCES

Summary

THE FACT THAT A NATIONAL LAW OR REGULATION HAS NOT BEEN SPECIFIED IN THE DECLARATIONS REFERRED TO IN ARTICLE 5 OF THE REGULATION IS NOT OF ITSELF PROOF THAT THAT LAW OR REGULATION DOES NOT FALL WITHIN THE FIELD OF APPLICATION OF THE SAID REGULATION ; ON THE OTHER HAND , THE FACT THAT A MEMBER STATE HAS SPECIFIED A LAW IN ITS DECLARATION MUST BE ACCEPTED AS PROOF THAT THE BENEFITS GRANTED ON THE BASIS OF THAT LAW ARE SOCIAL SECURITY BENEFITS WITHIN THE MEANING OF REGULATION NO 1408/71 .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - BENEFITS CORRESPONDING TO AN INSURANCE PERIOD BOUGHT IN VOLUNTARILY BY THE PERSON CONCERNED - APPLICATION OF ARTICLE 46 ( 2 ) OF REGULATION NO 574/72 OF THE COUNCIL

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - ENTITLEMENT UNDER NATIONAL LEGISLATION ALONE - PROVISIONS FOR REDUCTION OR SUSPENSION OF BENEFIT - APPLICABILITY - POSITION UNDER COMMUNITY RULES MORE FAVOURABLE - PREFERENCE

( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 12 ( 2 ) AND 46 )

Summary

1 . THE BENEFITS CORRESPONDING TO AN INSURANCE PERIOD WHICH HAS BEEN BOUGHT IN PURSUANT TO THE PROVISIONS OF NATIONAL LEGISLATION WHICH GRANTS A WORKER THIS RIGHT ARE TO BE REGARDED AS FALLING WITHIN ARTICLE 46 ( 2 ) OF REGULATION NO 574/72 OF THE COUNCIL .

2 . SO LONG AS A WORKER IS RECEIVING A PENSION BY VIRTUE OF NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THE NATIONAL LEGISLATION , INCLUDING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS FROM BEING APPLIED TO HIM IN ITS ENTIRETY , PROVIDED THAT IF THE APPLICATION OF SUCH NATIONAL LEGISLATION PROVES LESS FAVOURABLE THAN THE APPLICATION OF THE RULES LAID DOWN BY ARTICLE 46 OF REGULATION NO 1408/71 THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED .
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OFFICIALS - RETIREMENT - DISCRETIONARY POWER OF THE ADMINISTRATION - EXTENT - DECISION NOT TO ASSIGN THE OFFICIAL TO ANOTHER POST - DEFENCE OF THE INTERESTS OF THE SERVANT CONCERNED

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 50 )

Summary

IN THE CASE OF RETIREMENT IN THE INTERESTS OF THE SERVICE , WHICH IS PROVIDED FOR IN RELATION TO OFFICIALS IN GRADES A 1 AND A 2 , THE APPOINTING AUTHORITY ENJOYS WIDE DISCRETIONARY POWERS . SUCH POWERS ASSUME A CONSIDERABLE FREEDOM TO TAKE DECISIONS , AS REGARDS BOTH THE OBJECTIVE REQUIREMENTS OF THE SERVICE AND THE ASSESSMENT OF THE SPECIFIC QUALITIES OF THE OFFICIALS CONCERNED AND AT THE SAME TIME A SCRUPULOUS EXAMINATION OF THE RELEVANT FACTORS - WHICH CONSTITUTES THE GUARANTEE THAT THE SAID POWERS WILL BE EXERCISED IN FULL KNOWLEDGE OF THE FACTS .

A DECISION NOT TO REASSIGN THE OFFICIAL CONCERNED TO ANOTHER POST DOES NOT FOLLOW AUTOMATICALLY FROM THE RETIREMENT DECISION ITSELF BUT MUST BE BASED ON APPROPRIATE CONSIDERATIONS . THE EXERCISE OF DISCRETIONARY POWER , HOWEVER WIDE , REQUIRES THAT AN OFFICIAL CONCERNING WHOM SUCH A DECISION IS CONTEMPLATED SHOULD FIRST HAVE AN OPPORTUNITY OF EFFECTIVELY DEFENDING HIS INTERESTS .
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MEMBER STATES - FAILURE TO APPLY A DIRECTIVE - EFFECT ON THE FUNCTIONING OF THE COMMON MARKET - ABSENCE THEREOF - JUSTIFICATION FOR FAILURE TO FULFIL OBLIGATIONS UNDER A DIRECTIVE - NOT PERMISSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT INVOKE , FOR THE PURPOSE OF JUSTIFIYING A FAILURE TO FULFIL OBLIGATIONS UNDER A HARMONIZING DIRECTIVE , THE ARGUMENT THAT THE FAILURE TO APPLY THAT DIRECTIVE HAS HAD NO ADVERSE EFFECT ON THE FUNCTIONING OF THE COMMON MARKET .
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1 . TRANSPORT - AID TO TRANSPORT - GENERAL SYSTEM OF AID - APPLICATION

( EEC TREATY , ART . 77 AND ARTS . 92 TO 94 )

2 . PROCEDURE - OBJECTION OF ILLEGALITY - MEASURES WITH REGARD TO WHICH AN OBJECTION OF ILLEGALITY MAY BE PUT FORWARD

( EEC TREATY , ART . 184 )

3 . MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION UNDER THE TREATY - APPLICATIONS UNDER ARTICLES 93 AND 169 OF THE TREATY - PURPOSE THEREOF

( EEC TREATY , ART . 93 ( 2 ), SECOND SUBPARAGRAPH AND ARTS . 169 AND 170 )

Summary

1 . THE EFFECT OF THE APPLICATION OF ARTICLE 177 OF THE TREATY , WHICH ACKNOWLEDGES THAT AID TO TRANSPORT IS COMPATIBLE WITH THE TREATY ONLY IN WELL-DEFINED CASES WHICH DO NOT JEOPARDIZE THE GENERAL INTERESTS OF THE COMMUNITY , CANNOT BE TO EXEMPT AID TO TRANSPORT FROM THE GENERAL SYSTEM OF THE TREATY CONCERNING AID GRANTED BY THE STATES AND FROM THE CONTROLS AND PROCEDURES LAID DOWN THEREIN .

2 . THE OBJECTION OF ILLEGALITY PROVIDED FOR IN ARTICLE 184 OF THE TREATY IS LIMITED UNDER THAT PROVISION TO PROCEEDINGS ' ' IN WHICH A REGULATION OF THE COUNCIL OR OF THE COMMISSION IS IN ISSUE ' ' AND CAN IN NO CASE BE INVOKED BY A MEMBER STATE TO WHICH AN INDIVIDUAL DECISION HAS BEEN ADDRESSED .

3 . IT FOLLOWS FROM THE WORDING OF THE SECOND SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE TREATY , IN PARTICULAR FROM THE WORDS ' ' IN DEROGATION FROM THE PROVISIONS OF ARTICLES 169 AND 170 ' ' , THAT THE PURPOSE OF THE APPLICATION REFERRED TO THEREIN MAY ONLY BE A DECLARATION THAT THE MEMBER STATE CONCERNED HAS FAILED TO COMPLY WITH A COMMISSION DECISION COMPELLING IT TO ABOLISH OR ALTER AN AID WITHIN A SPECIFIC PERIOD , WHEREAS IN THE CASE OF ARTICLES 169 AND 170 THE APPLICATION IS DIRECTED AGAINST ANY FAILURE OF A MEMBER STATE TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .
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1 . COMPETITION - CARTELS - UNDERTAKING SITUATE IN A NON-MEMBER COUNTRY - APPLICATION OF ARTICLE 85 ( 1 ) - CONDITIONS

( EEC TREATY , ART . 85 ( 1 ))

2 . COMPETITION - CARTELS - PROHIBITION - APPLICATION - CRITERIA - TRADE BETWEEN MEMBER STATES AFFECTED APPRECIABLY

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . THE FACT THAT ONE OF THE UNDERTAKINGS WHICH ARE PARTIES TO AN AGREEMENT IS SITUATE IN A NON-MEMBER COUNTRY DOES NOT PREVENT THE APPLICATION OF ARTICLE 85 OF THE TREATY SINCE THE AGREEMENT IS OPERATIVE ON THE TERRITORY OF THE COMMON MARKET .

2 . AN AGREEMENT DOES NOT FALL WITHIN THE PROHIBITION CONTAINED IN ARTICLE 85 IF IT AFFECTS TRADE BETWEEN MEMBER STATES ONLY TO AN EXTENT WHICH IS NOT APPRECIABLE .
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1 . FREE MOVEMENT OF GOODS - GOODS - CONCEPT - MEANS OF PAYMENT - GOLD AND SILVER COINS - DESIGNATION

( EEC TREATY , ARTS . 30 TO 37 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - GROUNDS OF PUBLIC POLICY - SILVER COINS WHICH ARE NO LONGER LEGAL TENDER - BAN ON EXPORT - LAWFULNESS

( EEC TREATY , ART . 36 )

Summary

1 . IN THE SYSTEM OF THE EEC TREATY MEANS OF PAYMENT ARE NOT TO BE CONSIDERED AS GOODS FALLING WITHIN THE TERMS OF ARTICLES 30 TO 37 OF THE TREATY . THESE PROVISIONS DO NOT THEREFORE APPLY TO

( A ) SILVER ALLOY COINS WHICH ARE LEGAL TENDER IN A MEMBER STATE ,

( B ) GOLD COINS SUCH AS KRUGERRANDS WHICH ARE PRODUCED IN A NON- MEMBER COUNTRY BUT WHICH CIRCULATE FREELY WITHIN A MEMBER STATE .

2 . A BAN ON THE EXPORT FROM A MEMBER STATE OF SILVER ALLOY COINS , WHICH HAVE BEEN BUT ARE NO LONGER LEGAL TENDER IN THAT STATE AND THE MELTING DOWN OR DESTRUCTION WHEREOF ON NATIONAL TERRITORY IS FORBIDDEN , WHICH HAS BEEN ADOPTED WITH A VIEW TO PREVENTING SUCH MELTING DOWN OR DESTRUCTION IN ANOTHER MEMBER STATE , IS JUSTIFIED ON GROUNDS OF PUBLIC POLICY WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY BECAUSE IT STEMS FROM THE NEED TO PROTECT THE RIGHT TO MINT COINAGE WHICH IS TRADITIONALLY REGARDED AS INVOLVING THE FUNDAMENTAL INTERESTS OF THE STATE .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRINCIPLE OF NON-DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS

( EEC TREATY , ART . 40 ( 3 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - MILK POWDER - MONETARY COMPENSATORY AMOUNTS - ALTERATIONS - REGULATION NO 725/74 OF THE COMMISSION - VALIDITY

Summary

1 . THE PRINCIPLE OF NON-DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE TREATY DOES NOT PROHIBIT DIFFERENT TREATMENT OF PRODUCTS WHICH ARE NOT IDENTICAL , UNLESS IT RESULTS IN DISCRIMINATION BETWEEN PRODUCERS OR BETWEEN CONSUMERS WITHIN THE COMMUNITY .

2 . CONSIDERATION OF THE QUESTIONS RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATION NO 725/74 .
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1 . OFFICIALS - APPLICATIONS TO THE COURT - DECISIONS ON CONTINGENT PENSION RIGHTS - INTEREST IN TAKING PROCEEDINGS

( STAFF REGULATIONS , ART . 91 )

2 . TEMPORARY STAFF - AUXILIARY STAFF - DIFFERENCE - WHETHER POST PERMANENT OR NOT

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES , ARTS . 2 ( B ) AND 3 )

Summary

1 . ALTHOUGH IT IS TRUE THAT BEFORE RETIREMENT , AN UNCERTAIN FUTURE EVENT , PENSION RIGHTS ARE CONTINGENT RIGHTS WHICH ARE IN PROCESS OF CREATION FROM DAY TO DAY , IT IS NONE THE LESS CLEAR THAT AN ADMINISTRATIVE ACT DECIDING THAT A PERIOD OF EMPLOYMENT CANNOT BE TAKEN INTO ACCOUNT FOR THE CALCULATION OF YEARS OF PENSIONABLE SERVICE IMMEDIATELY AND DIRECTLY AFFECTS THE LEGAL SITUATION OF THE PERSON CONCERNED EVEN IF THAT ACT IS TO BE IMPLEMENTED ONLY SUBSEQUENTLY . THEREFORE THE OFFICIAL HAS A LEGITIMATE , PRESENT AND VESTED INTEREST IN TAKING PROCEEDINGS AGAINST SUCH AN ACT .

2 . THE DIFFERENCE BETWEEN TEMPORARY STAFF ( WITHIN THE MEANING OF ARTICLE 2 ( B ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ) AND AUXILIARY STAFF LIES IN THE FACT THAT A MEMBER OF THE TEMPORARY STAFF FILLS A PERMANENT POST INCLUDED IN THE LIST OF POSTS OF AN INSTITUTION , WHEREAS , EXCEPT IN THE CASE OF TEMPORARY REPLACEMENT OF AN OFFICIAL , A MEMBER OF THE AUXILIARY STAFF PERFORMS ADMINISTRATIVE WORK WITHOUT BEING ASSIGNED TO A POST INCLUDED IN THE SAID LIST .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT LICENCES - LEVY - ADVANCE FIXING - APPLICATION BY PARTY CONCERNED - ERROR IN THE DECLARATION OF INTENT - APPLICABLE LAW - COMMUNITY LAW

( REGULATION NO 19/62/EEC OF THE COUNCIL , ART . 16 ( 1 ); REGULATION NO 130/62/EEC OF THE COUNCIL )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT LICENCES - LEVY - ADVANCE FIXING - APPLICATION BY PARTY CONCERNED - ERROR IN THE DECLARATION OF INTENT - CANCELLATION NOT PERMISSIBLE

( REGULATION NO 19/62/EEC OF THE COUNCIL , ART . 16 ( 1 ); REGULATION NO 130/62/EEC OF THE COUNCIL )

Summary

1 . THE QUESTION WHETHER AN APPLICATION FOR THE GRANT OF AN IMPORT LICENCE UNDER THE FIRST SENTENCE OF ARTICLE 16 ( 1 ) OF REGULATION NO 19/62/EEC CAN BE CANCELLED AND WHAT THE EFFECTS OF SUCH CANCELLATION ARE MUST , HAVING REGARD TO THE SYSTEM ESTABLISHED BY THAT REGULATION , TOGETHER WITH REGULATION NO 130/62/EEC OF THE COUNCIL , BE DECIDED ON THE BASIS OF COMMUNITY LAW .

2 . IN VIEW OF THE CONTINUAL VARIATIONS IN THE RATE OF THE LEVY , IF ERRORS RELIED UPON BY TRADERS WERE TAKEN INTO CONSIDERATION IT WOULD BE POSSIBLE TO CALL IN QUESTION UNILATERALLY , ON THE BASIS OF THOSE FLUCTUATIONS , THE UNDERTAKINGS GIVEN BY IMPORTERS AND THE FORECASTS WHICH ARE ESSENTIAL FOR THE PURPOSE OF ENSURING EFFECTIVE MANAGEMENT OF THE COMMON MARKET IN CEREALS WOULD THUS BE MADE COMPLETELY UNRELIABLE .

AN IMPORTER CANNOT , WITHIN THE CONTEXT OF THE ORGANIZATION OF THE MARKET ESTABLISHED BY REGULATIONS NOS 19 AND 130 , RELY UPON AN ERROR MADE BY HIM AS REGARDS THE OPTION OF CHOOSING BETWEEN THE RATE OF THE LEVY IN FORCE AT THE DATE OF LODGING THE APPLICATION AND THAT IN FORCE AT THE DATE OF IMPORTATION ; RELIANCE UPON SUCH AN ERROR CANNOT IN PARTICULAR JUSTIFY CANCELLATION OF THE APPLICATION FOR THE GRANT OF AN IMPORT LICENCE .
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1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 30 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - STATE MONOPOLIES OF A COMMERCIAL CHARACTER - RAW MATERIAL ORIGINATING IN OR COMING FROM ANOTHER MEMBER STATE - DISTILLATION FOR THE PURPOSE OF MAKING PRODUCTS RESERVED FOR THE MONOPOLY - PROHIBITION - EXEMPTION OF RAW MATERIAL OF NATIONAL ORIGIN - UNLAWFULNESS

( EEC TREATY , ARTS . 9 , 10 , 30 AND 37 )

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE TREATY TO RULE ON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW , IT MAY NEVERTHELESS , HAVING REGARD TO THE PARTICULARS SUPPLIED BY THE NATIONAL COURT , EXTRACT FROM THE WORDING OF THE QUESTION THE FACTORS RELATING TO THE INTERPRETATION OF COMMUNITY LAW .

2 . IN PROHIBITING BETWEEN MEMBER STATES MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ARTICLE 30 OF THE TREATY COVERS ALL TRADING RULES OF MEMBER STATES WHICH ARE CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE .

3 . A NATIONAL PROVISION PROHIBITING THE DISTILLATION , FOR THE PURPOSE OF MANUFACTURING PRODUCTS RESERVED TO A NATIONAL COMMERCIAL MONOPOLY , OF RAW MATERIALS COMING FROM OTHER MEMBER STATES CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY AND A DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED WITHIN THE MEANING OF ARTICLE 37 ( 1 ) OF THE TREATY , WHERE THE PROHIBITION DOES NOT APPLY TO IDENTICAL RAW MATERIALS PRODUCED WITHIN THE NATIONAL TERRITORY .

THERE ARE NO GROUNDS FOR DRAWING A DISTINCTION BETWEEN PRODUCTS DULY PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE AFTER HAVING BEEN IMPORTED FROM A THIRD COUNTRY AND PRODUCTS ORIGINATING IN THAT MEMBER STATE .