ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1 . COMMON CUSTOMS TARIFF - INTERPRETATION - CLASSIFICATION OF GOODS - CRITERIA - OBJECTIVE CHARACTERISTICS

2 . COMMON CUSTOMS TARIFF - INTERPRETATION - CLASSIFICATION OF GOODS - CLASSIFICATION ON THE BASIS OF COMPOSITION - CLASSIFICATION BY ANALOGY NOT APPLICABLE

( COMMON CUSTOMS TARIFF , RULE NO 4 OF GENERAL RULES FOR THE INTERPRETATION OF THE NOMENCLATURE )

3 . COMMON CUSTOMS TARIFF - TARIFF CLASSIFICATION - COMPOUND PRODUCT - MELTED DOWN SCRAP

( COMMON CUSTOMS TARIFF , CHAPTER 73 , NOTE 1 ( C ))

Summary

1 . WHILST THE COMMON CUSTOMS TARIFF DOES INDEED IN CERTAIN CASES CONTAIN REFERENCES TO MANUFACTURING PROCESSES AND TO THE USE FOR WHICH GOODS ARE INTENDED IT IS GENERALLY PREFERRED , IN THE INTERESTS OF LEGAL CERTAINTY AND EASE OF VERIFICATION , TO EMPLOY CRITERIA FOR CLASSIFICATION BASED ON THE OBJECTIVE CHARACTERISTICS AND PROPERTIES OF PRODUCTS WHICH CAN BE ASCER- TAINED WHEN CUSTOMS CLEARANCE IS OBTAINED .

2 . WHEN A PRODUCT CAN BE CLASSIFIED UNDER A SPECIFIC TARIFF HEADING ON THE BASIS OF ITS COMPOSITION , THERE IS NO FURTHER POSSIBILITY OF CLASSIFICATION BY ANALOGY WITHIN THE MEANING OF RULE NO 4 OF THE GENERAL RULES FOR THE INTERPRETATION OF THE NOMENCLATURE , SINCE SUCH A CLASSIFICATION CAN ONLY BE CONSIDERED , ACCORDING TO THAT RULE , IN RELATION TO GOODS NOT FALLING WITHIN ANY HEADING OF THE TARIFF .

3 . HEADING 73.02 OF THE COMMON CUSTOMS TARIFF ALSO INCLUDES MELTED DOWN SCRAP ( MATERIAL FOR RE-MELTING ) WHICH SATISFIES THE PHYSICAL REQUIREMENTS LAID DOWN IN NOTE 1 ( C ) TO CHAPTER 73 OF THE COMMON CUSTOMS TARIFF .
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1 . OFFICIALS - REGULATION - RELATIONSHIP INVOLVED UNDER THE STAFF REGULATIONS - DISPUTE - MEANS OF REDRESS UNDER THE STAFF REGULATIONS - APPLICATION - OFFICIAL COMPLAINT CONDITION PRECEDENT TO ANY APPLICATION TO THE COURT

2 . OFFICIALS - APPLICATION FOR COMPENSATION - ORIGIN - PLACE OF EMPLOYMENT - LEGAL BASIS

( STAFF REGULATIONS , ARTICLES 90 AND 91 )

Summary

1 . IN THE EVENT OF A DISPUTE CONCERNING THE APPLICATION OF A REGULATION WHICH , ALTHOUGH NOT OFFICIALLY FORMING PART OF THE STAFF REGULATIONS OF OFFICIALS , IS NEVERTHELESS CONCERNED WITH REGULATING A SPECIFIC ASPECT OF THE RELATIONSHIP , UNDER STAFF REGULATIONS , BETWEEN THE COMMUNITY INSTITUTIONS AND CERTAIN OF THEIR OFFICIALS , THE MEANS OF REDRESS AVAILABLE TO THOSE CONCERNED ARE THOSE PROVIDED FOR BY THE STAFF REGULATIONS , WHICH INCLUDE THE LODGING OF AN OFFICIAL COMPLAINT AS A CONDITION PRECEDENT TO ANY APPLICATION TO THE COURT .

2 . A DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION TO WHICH HE IS OR WAS ANSWERABLE CONCERNING COMPENSATION FOR DAMAGE IS PURSUED , WHERE IT ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION , UNDER ARTICLE 179 OF THE TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AND LIES OUTSIDE THE SPHERE OF APPLICATION OF ARTICLES 178 AND 215 OF THE TREATY .
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Summary



Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - ' PRESENT OR FUTURE ' NATIONAL RULES WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 - CONCEPT - PROVISIONS IN FORCE BEFORE THE ADOPTION OF THE COMMUNITY REGULATIONS - EXCLUSION NOT PERMISSIBLE

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - PERIODS OF INSURANCE COMPLETED - LEGISLATION IN FORCE AT THE TIME WHEN THE WORKER WAS EMPLOYED - CESSATION BEFORE THE ADOPTION OF THE COMMUNITY RULES - DIFFERENT LEGISLATION IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES - RIGHT TO BENEFITS

( REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 40 , ARTICLE 45 ( 3 ))

Summary

1 . THE STRUCTURE OF THE SYSTEM OF HARMONIZATION OF NATIONAL LEGISLATION ESTABLISHED BY THE REGULATION IS BASED UPON THE PRINCIPLE THAT A WORKER MUST NOT BE DEPRIVED OF THE RIGHT TO BENEFITS MERELY BECAUSE OF AN ALTERATION IN THE TYPE OF LEGISLATION IN FORCE IN A MEMBER STATE . THEREFORE THE CONCEPT OF ' PRESENT OR FUTURE ' MEASURES WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 MUST NOT BE INTERPRETED IN SUCH A WAY AS TO EXCLUDE MEASURES WHICH WERE PREVIOUSLY IN FORCE BUT HAD CEASED TO BE SO WHEN THE SAID COMMUNITY REGULATIONS WERE ADOPTED .

2 . THE CONCEPT OF ' LEGISLATION ' CONTAINED IN ARTICLE 45 ( 3 ) MUST BE WIDELY INTERPRETED SO AS TO REFER BOTH TO MEASURES IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES AND TO MEASURES IN FORCE AT THE TIME WHEN THE WORKER WAS SUBJECT TO THE LEGISLATION . FOR THE ACQUISITION OF A RIGHT TO BENEFITS ON THE BASIS OF ARTICLE 40 OF REGULATION NO 1408/71 PAYABLE BY AN INSTITUTION OF A MEMBER STATE REFERRED TO AT THE BEGINNING OF ARTICLE 45 ( 3 ) IT IS IN PRINCIPLE SUFFICIENT THAT A WORKER WHO IS SUBJECT TO THE LEGISLATION OF ANOTHER MEMBER STATE AT THE TIME WHEN THE RISK INSURED AGAINST MATERIALIZES OR , IF THIS IS NOT THE CASE , WHO HAS A RIGHT TO BENEFITS UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , CAN ESTABLISH INSURANCE PERIODS OR , AT LEAST , PERIODS OF EMPLOYMENT AND/OR PERIODS TREATED AS SUCH COMPLETED UNDER A LEGISLATION WHICH , ALTHOUGH IN FORCE AT THE TIME WHEN THE WORKER WAS EMPLOYED , HAD CEASED TO BE IN FORCE BEFORE THE ADOPTION OF REGULATION NO 1408/71 , EVEN IF THAT LEGISLATION WAS OF A DIFFERENT TYPE FROM THAT WHICH IS IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES .
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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY CONTRIBUTIONS - REIMBURSEMENT - REGULATIONS NOS 3 AND 1408/71 - MATTERS COVERED - EXTENT - SOCIAL SECURITY SCHEMES TAKEN IN THEIR ENTIRETY

( REGULATION NO 3 OF THE COUNCIL , ARTICLE 2 ; REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 4 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY CONTRIBUTIONS - REIMBURSEMENT - REGULATION NO 3 - NO SPECIFIC RULE - APPLICATION OF THE GENERAL RULES - REGULATION NO 1408/71 - SPECIFIC RULE - TEMPORAL APPLICATION - NOT RETROACTIVE

( REGULATION NO 3 OF THE COUNCIL ; REGULATION NO 1408/71 , ARTICLE 10 ( 2 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - SOCIAL SECURITY CONTRIBUTIONS - REIMBURSEMENT - LEGAL OPTIONS UNDER THE LEGISLATION OF A MEMBER STATE - REGULATION NO 3 - NO EXPRESS PROVISIONS - EXERCISE OF OPTIONS

( REGULATION NO 3 OF THE COUNCIL )

Summary

1 . ARTICLE 2 OF REGULATION NO 3 AND ARTICLE 4 OF REGULATION NO 1408/71 , WHICH LAY DOWN THE MATTERS COVERED BY THOSE REGULATIONS , DEAL WITH THE VARIOUS NATIONAL SOCIAL SECURITY SCHEMES IN THEIR ENTIRETY . THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS THEREFORE FORMS PART OF THE MATTERS COVERED BY THOSE REGULATIONS .

2 . SINCE REGULATION NO 3 DOES NOT CONTAIN ANY SPECIFIC PROVISION RELATING TO THE REIMBURSEMENT OF CONTRIBUTIONS THE GENERAL RULES AFFIRMED BY THAT REGULATION AND BY THE PROVISIONS OF THE TREATY TO WHICH IT GIVES EFFECT , SUCH AS THE RULE ON EQUALITY OF TREATMENT AND THAT ON THE WAIVING OF RESIDENCE CLAUSES , ARE APPLICABLE .

ARTICLE 10 ( 2 ) OF REGULATION NO 1408/71 , WHICH CONSTITUTES A SPECIFIC PROVISION AND INTRODUCES A NEW RULE IN RESPECT OF THE REIMBURSEMENT OF CONTRIBUTIONS , CANNOT , HOWEVER , BE EXTENDED TO FACTS WHICH OCCURRED OUTSIDE THE PERIOD COVERED BY THAT REGULATION .

3 . ALTHOUGH THE PROVISIONS OF ARTICLE 51 OF THE EEC TREATY AND OF THE REGULATIONS ADOPTED TO GIVE IT EFFECT ENSURE THAT , FOR THE PURPOSE OF ACQUIRING AND RETAINING THE RIGHT TO BENEFIT , MIGRANT WORKERS ENJOY AGGREGATION OF ALL PERIODS TAKEN INTO ACCOUNT UNDER THE LAWS OF THE SEVERAL COUNTRIES , THEY CANNOT HOWEVER BE INTERPRETED , IN THE ABSENCE OF EXPRESS PROVISIONS , AS PREVENTING PERSONS SO FAVOURED FROM EXERCISING THE LEGAL OPTIONS OPEN TO THEM UNDER THE LEGISLATION OF ONE OR OTHER OF THE MEMBER STATES , SUCH AS THE RIGHT OF APPLYING IN CERTAIN CIRCUMSTANCES FOR THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS .

THEREFORE , COMMUNITY LAW , AS IT STOOD AT THE TIME OF THE ADOPTION OF REGULATION NO 3 , CANNOT BE INTERPRETED AS EXCLUDING AN OPTION AVAILABLE UNDER A NATIONAL LEGISLATION WITH REGARD TO THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS .
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EEC - NON-CONTRACTUAL LIABILITY - LEGISLATIVE MEASURE INVOLVING CHOICES OF ECONOMIC POLICY - LIABILITY OF THE COMMUNITY - CONDITIONS - ABSENCE THEREOF

( EEC TREATY , ART . 215 , SECOND PARAGRAPH AND COUNCIL REGULATION ( EEC ) NO 563/76 )

Summary

THE COMMUNITY DOES NOT INCUR NON- CONTRACTUAL LIABILITY FOR DAMAGE CAUSED TO INDIVIDUALS THROUGH THE EFFECTS OF A LEGISLATIVE MEASURE WHICH INVOLVES CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . THEREFORE THE FINDING THAT A LEGISLATIVE MEASURE IS NULL AND VOID IS INSUFFICIENT BY ITSELF FOR THE COMMUNITY TO INCUR LIABILITY .

INDIVIDUALS MAY BE REQUIRED , IN THE SECTORS COMING WITHIN THE ECONOMIC POLICY OF THE COMMUNITY , TO ACCEPT WITHIN REASONABLE LIMITS CERTAIN HARMFUL EFFECTS ON THEIR ECONOMIC INTERESTS AS A RESULT OF A LEGISLATIVE MEASURE WITHOUT BEING ABLE TO OBTAIN COMPENSATION FROM PUBLIC FUNDS , EVEN IF THAT MEASURE HAS BEEN DECLARED NULL AND VOID .

IN A LEGISLATIVE FIELD SUCH AS THE ONE IN QUESTION , IN WHICH ONE OF THE CHIEF FEATURES IS THE EXERCISE OF A WIDE DISCRETION ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE COMMUNITY DOES NOT THEREFORE INCUR LIABILITY UNLESS THE INSTITUTION CONCERNED HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .

THIS IS NOT SO IN THE CASE OF A MEASURE OF ECONOMIC POLICY SUCH AS THAT IN THE PRESENT CASE , IN VIEW OF ITS SPECIAL FEATURES ;

- IT AFFECTED VERY WIDE CATEGORIES OF TRADERS , IN OTHER WORDS ALL BUYERS OF COMPOUND FEEDING-STUFFS CONTAINING PROTEIN ;

- ITS EFFECTS ON THE PRICE OF FEEDING- STUFFS AS A FACTOR IN THE PRODUCTION COSTS OF THOSE BUYERS WERE LIMITED ;

- THIS PRICE INCREASE WAS PARTICULARLY SMALL IN COMPARISON WITH THE PRICE INCREASES RESULTING , DURING THE PERIOD OF APPLICATION OF THE REGULATION , FROM THE VARIATIONS IN THE WORLD MARKET PRICES OF FEEDING-STUFFS CONTAINING PROTEIN ; THE EFFECTS OF THE REGULATION ON THE PROFIT-EARNING CAPACITY OF THE UNDERTAKINGS DID NOT ULTIMATELY EXCEED THE BOUNDS OF THE ECONOMIC RISKS INHERENT IN THE ACTIVITIES OF THE AGRICULTURAL SECTORS CONCERNED .
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Keywords

1 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - OVERLAPPING - APPLICATION OF ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS - CONDITIONS

2 . OFFICIALS - REMUNERATION - MONTHLY SALARY - CALCULATION - ERRORS AND RECTIFICATIONS - INTEREST ON ACCOUNT OF DELAY - NOT DUE

Summary

1 . THE PROVISION AGAINST OVERLAPPING BENEFITS CONTAINED IN ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS APPLIES ONLY TO REGULAR ALLOWANCES WHICH VIRTUALLY CONSTITUTE A PART OF THE REMUNERATION AND ARE INTENDED TO MEET THE REQUIREMENTS OF EMPLOYED PERSONS BUT NOT TO AN EX GRATIA PAYMENT GRANTED ON EXTRAORDINARY GROUNDS . ALTHOUGH THE PROCEDURES FOR PAYING A FAMILY HOLIDAY ALLOWANCE ARE SUBSTANTIALLY THE SAME AS THOSE FOR PAYING THE REGULAR FAMILY ALLOWANCE THIS EX GRATIA PAYMENT CANNOT ON THAT GROUND BE CONSIDERED AS A MERE INCREASE IN THE REGULAR FAMILY ALLOWANCE .

2 . ERRORS AND CURRENT RECTIFICATIONS IN THE CALCULATION OF SALARIES DO NOT PROVIDE A BASIS FOR CLAIMING INTEREST ON ACCOUNT OF DELAY . UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES THIS ALSO APPLIES TO RECTIFICATIONS EFFECTED AS A RESULT OF A COMPLAINT OR AN APPLICATION TO THE COURT .
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1 . COMMON CUSTOMS TARIFF - ARTISTIC PRINTED MATTER - CLASSIFICATION - SUBHEADING 49.11 B - RESIDUAL NATURE

2 . COMMON CUSTOMS TARIFF - WORKS OF ART , COLLECTOR ' S PIECES , AND ANTIQUES - PRINTED PRODUCTS - CLASSIFICATION - TARIFF HEADING 99.02 - CONDITION

3 . COMMON CUSTOMS TARIFF - PRINTED PRODUCTS - ARTISTIC SCREEN PRINTS - CLASSIFICATION - SUBHEADING 49.11 B

Summary

1 . BOTH THE WORDING AND THE GENERAL SCHEME OF CHAPTER 49 OF THE COMMON CUSTOMS TARIFF SHOW THAT SUBHEADING 49.11 B IS A RESIDUAL HEADING WHICH COVERS ALL ARTISTIC PRINTED MATTER NOT LISTED OR REFERRED TO ELSEWHERE .

2 . IN ORDER TO BE CLASSIFIED UNDER TARIFF HEADING 99.02 , PRINTED PRODUCTS MUST BE ORIGINAL WORKS AND THE METHOD OF THEIR PRODUCTION MUST NOT INVOLVE ANY MECHANICAL OR PHOTOMECHANICAL PROCESS .

3 . ARTISTIC SCREEN PRINTS FALL WITHIN SUBHEADING 49.11 B OF THE COMMON CUSTOMS TARIFF , EVEN IF THEY ARE SIGNED BY HAND BY THE ARTIST AND IF ONLY A LIMITED EDITION IS PRODUCED .
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Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - MAIZE STARCH - PRODUCTION REFUND - CALCULATION - SUPPLY PRICE OF BASIC PRODUCT - MODIFICATION - GENERAL POWER OF COUNCIL - FREE EXERCISE

( REGULATION NO 371/67 OF THE COUNCIL , ARTICLE 2 ; REGULATION NO 1132/74 OF THE COUNCIL , ARTICLE 7 ; REGULATION NO 120/67 OF THE COUNCIL , ARTICLE 11 ( 3 ), 26 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - AGRICULTURAL PRICES ( PRINCIPLE OF ANNUAL FIXING ) - ADJUSTMENTS

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MAIZE STARCH AND POTATO STARCH - PRODUCTION REFUND - CALCULATION - SUPPLY PRICE OF BASIC PRODUCTS - JUSTIFICATION

( REGULATION NO 321/75 OF THE COUNCIL , ARTICLE 1 )

Summary

1 . IT CANNOT BE CONCEDED THAT WHEN THE COUNCIL ADOPTED THE SPECIFIC PROVISION IN ARTICLE 2 OF REGULATION NO 371/67 AND ARTICLE 7 OF REGULATION NO 1132/74 , IT INTENDED TO RESTRICT THE EXERCISE OF A GENERAL POWER WHICH IT HAD EXPRESSLY CONFERRED ON ITSELF BY ARTICLES 11 ( 3 ) AND 26 OF REGULATION NO 120/67 AND WHICH IT REQUIRED TO EXERCISE FREELY FOR THE PROPER ADMINISTRATION OF THE RELEVANT ORGANIZATION OF THE MARKET .

2 . WHILST THE ANNUAL FIXING OF AGRICULTURAL PRICES INDEED CONSTITUTES A BASIC ECONOMIC FEATURE OF THE COMMON AGRICULTURAL POLICY AS IT IS AT PRESENT IMPLEMENTED SUCH FIXING NEITHER IMPLIES THAT THOSE PRICES CANNOT BE CHANGED IN ANY CIRCUMSTANCES NOR , IN CONSEQUENCE , DOES IT PROHIBIT THE COUNCIL FROM ADJUSTING THEM IN THE COURSE OF THE MARKETING YEAR , WHEN SUCH ADJUSTMENTS ARE JUSTIFIED .

3 . THERE ARE OBJECTIVE GROUNDS FOR THE DIFFERENCE BETWEEN THE TREATMENT ACCORDED POTATO STARCH PRODUCERS AND THAT ACCORDED MAIZE STARCH PRODUCERS IN THE MATTER OF THE CALCULATION OF THE PRODUCTION REFUND FOLLOWING A CHANGE IN THE SUPPLY PRICE OF THE BASIC PRODUCT SO THAT THE TRANSITIONAL MEASURE ENACTED BY ARTICLE 1 OF REGULATION NO 231/75 IN CONNEXION WITH THE PRODUCTION REFUND FOR POTATO STARCH DOES NOT CONSTITUTE DISCRIMINATION AGAINST MAIZE STARCH PRODUCERS .
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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL SCHEME APPLICABLE TO ALL RESIDENTS - APPLICATION TO A NATIONAL OF ANOTHER MEMBER STATE - COMMUNITY RULES - BENEFIT - GRANT - CONDITION - STATUS AS EMPLOYED PERSON - DEFINITION WITH REGARD TO BRITISH LEGISLATION - CRITERION - PAYMENT OF SOCIAL SECURITY CONTRIBUTIONS

( REGULATION NO 1408/71 , ART . 1 ( A ) ( II ) AND ANNEX V )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - EMPLOYED PERSON - INSURANCE PERIODS COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE - ACQUISITION OF A RIGHT - ACCRUED RIGHTS - TAKING INTO ACCOUNT

( REGULATION NO 1408/71 , ART . 18 )

Summary

1 . A NATIONAL OF A MEMBER STATE WHO , IN ANOTHER MEMBER STATE , HAS BEEN SUBJECT TO A SOCIAL SECURITY SCHEME WHICH IS APPLICABLE TO ALL RESIDENTS CAN BENEFIT FROM THE PROVISIONS OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ONLY IF HE CAN BE IDENTIFIED AS AN EMPLOYED PERSON WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF THAT REGULATION .

AS REGARDS THE UNITED KINGDOM IN PARTICULAR , IN THE ABSENCE OF ANY OTHER CRITERION , SUCH IDENTIFICATION DEPENDS BY VIRTUE OF ANNEX V TO THAT REGULATION ON WHETHER HE WAS REQUIRED TO PAY SOCIAL SECURITY CONTRIBUTIONS AS AN EMPLOYED PERSON .

2 . RIGHTS ACQUIRED BY A PERSON WHO CAN BE IDENTIFIED AS A WORKER WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 DURING HIS RESIDENCE IN A MEMBER STATE MUST BE TAKEN INTO ACCOUNT BY ANY OTHER MEMBER STATE AS IF THEY WERE PERIODS REQUIRED FOR THE ACQUISITION OF A RIGHT UNDER ITS OWN LEGISLATION .
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SOCIAL SECURITY OF MIGRANT WORKERS - MINIMUM BENEFIT - GRANT - CONDITION

( REGULATION ( EEC ) NO 1408/71 , ARTICLE 50 )

Summary

ARTICLE 50 OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL IS APPLICABLE ONLY IN CASES IN WHICH PROVISION IS MADE IN THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THE WORKER RESIDES FOR A MINIMUM PENSION .
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Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY - PENSION - ARTICLES 27 AND 28 OF REGULATION NO 3 - APPLICATION BY ANALOGY - BENEFITS - APPORTIONMENT - CONDITION - AGGREGATION OF INSURANCE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS

( REGULATION NO 3 OF THE COUNCIL , ARTS . 26 ( 1 ), 27 AND 28 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATIONS - PROVISIONS FOR THE REDUCTION OR SUSPENSION OF BENEFIT - PRECLUSION - CONDITIONS

( REGULATION NO 3 OF THE COUNCIL , ART . 11 ( 2 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - NATIONAL LEGISLATIONS - APPLICATION OF A PROVISION FOR THE REDUCTION OR SUSPENSION OF BENEFIT - CALCULATION OF BENEFITS - ARTICLE 9 ( 2 ) OF REGULATION NO 4 - CONDITIONS FOR ITS APPLICATION

( REGULATION NO 4 OF THE COUNCIL , ART . 9 ( 2 ))

Summary

1 . THE APPLICATION BY ANALOGY OF ARTICLES 27 AND 28 OF REGULATION NO 3 TO THE CASES REFERRED TO IN ARTICLE 26 ( 1 ) IMPLIES THAT BENEFITS MAY ONLY BE APPORTIONED IF IT HAS BEEN NECESSARY , IN ORDER TO GIVE RISE TO ENTITLEMENT , TO AGGREGATE BEFOREHAND THE PERIODS COMPLETED UNDER DIFFERENT LEGISLATIONS .

2 . ARTICLE 11 ( 2 ) OF REGULATION NO 3 IS THE COUNTERWEIGHT TO THE ADVANTAGES WHICH REGULATIONS NOS 3 AND 4 PROCURE FOR WORKERS BY ENABLING THEM TO CLAIM THE SIMULTANEOUS APPLICATION OF THE SOCIAL SECURITY LAWS OF SEVERAL MEMBER STATES AND ITS PURPOSE IS TO PREVENT THEM FROM DERIVING FROM THAT APPLICATION ADVANTAGES WHICH THE NATIONAL LEGISLATION CONSIDERS EXCESSIVE . THEREFORE THE RESTRICTIONS REFERRED TO IN ARTICLE 11 ( 2 ) ONLY APPLY TO INSURED PERSONS IN SO FAR AS THE BENEFITS ACQUIRED BY APPLYING THOSE REGULATIONS ARE CONCERNED .

ON THE OTHER HAND REGULATION NO 3 DOES NOT PRECLUDE THE APPLICATION TO BENEFITS ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE OF NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS .

3 . ARTICLE 9 ( 2 ) OF REGULATION NO 4 APPLIES ONLY WHEN THE BENEFIT IN QUESTION HAS BEEN AWARDED THROUGH THE APPLICATION OF THE PROCESSES OF AGGREGATION AND APPORTIONMENT .
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1 . SEA FISHING - COMMON POLICY - RESOURCES OF THE SEA - CONSERVATION - ABSENCE OF COMMUNITY MEASURES - ENTITLEMENT OF THE MEMBER STATES TO ADOPT INTERIM MEASURES - CONDITIONS

( ACT OF ACCESSION , ARTICLE 102 ; COUNCIL REGULATION NO 101/76 , ARTICLE 4 )

2 . SEA FISHING - PURSUIT - NATIONAL MEASURES - ACCESS TO FISHING AREAS - LIMITATION - CRITERIA - DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 7 ; COUNCIL REGULATION NO 101/76 , ARTICLE 2 )

3 . COMMUNITY LAW - EFFECTS IN NATIONAL LAW - NATIONAL LEGISLATIVE MEASURE CONTRARY TO COMMUNITY LAW - CONVICTION - INCOMPATIBILITY WITH COMMUNITY LAW

Summary

1 . IN THE ABSENCE OF THE ADOPTION BY THE COMMUNITY OF ADEQUATE CONSERVATION MEASURES UNDER ARTICLE 102 OF THE ACT OF ACCESSION AND ARTICLE 4 OF REGULATION NO 101/76 , THE MEMBER STATES WERE ENTITLED , DURING THE TRANSITIONAL STAGE FOR WHICH PROVISION IS MADE IN ARTICLE 102 OF THE ACT OF ACCESSION , TO ADOPT INTERIM MEASURES AS REGARDS THE MARITIME WATERS COMING WITHIN THEIR JURISDICTION , PROVIDED THAT SUCH MEASURES ARE IN ACCORDANCE WITH THE REQUIREMENTS OF COMMUNITY LAW .

2 . ARTICLE 7 OF THE EEC TREATY , ARTICLE 2 OF REGULATION NO 101/76 AND , IN SO FAR AS THEY HAVE A BEARING ON THE PROBLEM , ARTICLES 100 AND 101 OF THE TREATY OF ACCESSION , PRECLUDE A MEMBER STATE FROM ADOPTING MEASURES WHICH , BY SELECTING A CRITERION BASED ON THE SIZE AND ENGINE POWER OF THE BOATS , HAVE THE EFFECT OF KEEPING OUT OF THE FISHING AREAS COMING UNDER ITS SOVEREIGNTY OR WITHIN ITS JURISDICTION A PART OF THE FLEETS OF OTHER MEMBER STATES WHEN BY THOSE SAME MEASURES NO COMPARABLE OBLIGATION IS IMPOSED ON ITS OWN NATIONALS .

3 . WHERE CRIMINAL PROCEEDINGS ARE BROUGHT BY VIRTUE OF A NATIONAL MEASURE WHICH IS HELD TO BE CONTRARY TO COMMUNITY LAW A CONVICTION IN THOSE PROCEEDINGS IS ALSO INCOMPATIBLE WITH THAT LAW .
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1 . OFFICIALS - RECRUITMENT - VACANCY NOTICE - ACCESS TO THE POST - CONDITIONS - OFFICIALS ELIGIBLE FOR TRANSFER OR PROMOTION - CANDIDATURE EXCLUDED - ACT ADVERSELY AFFECTING AN OFFICIAL

( STAFF REGULATIONS OF OFFICIALS , ART . 29 ( 1 ) ( A ))

2 . OFFICIALS - DUTIES CORRESPONDING TO A HIGHER GRADE - ACCEPTANCE - RECLASSIFICATION - RIGHT - ABSENCE

( STAFF REGULATIONS OF OFFICIALS , ART . 7 )

Summary

1 . IN SO FAR AS THE EFFECT OF THE CONDITIONS GOVERNING ACCESS TO A POST , FIXED BY THE VACANCY NOTICE , IS TO RULE OUT THE CANDIDATURE OF OFFICIALS WHO ARE ELIGIBLE FOR TRANSFER OR PROMOTION , THE VACANCY NOTICE CONSTITUTES AN ACT ADVERSELY AFFECTING SUCH OFFICIALS .

2 . ALTHOUGH AN OFFICIAL CANNOT BE COMPELLED TO PERFORM DUTIES CORRESPONDING TO A GRADE HIGHER THAN HIS OWN , EXCEPT ON A TEMPORARY POSTING , THE FACT THAT HE AGREES TO PERFORM THEM MAY BE A FACTOR TO BE BORNE IN MIND IN CONNEXION WITH PROMOTION , BUT DOES NOT GIVE HIM THE RIGHT TO BE RECLASSIFIED .
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OFFICIALS - POST TO BE FILLED - PROMOTION - REJECTION OF AN APPLICATION - STATEMENT OF REASONS NOT OBLIGATORY

( STAFF REGULATIONS OF OFFICIALS , ART . 29 ( 1 ) ( A ) AND ART . 45 )

Summary

THE APPOINTING AUTHORITY HAS NO DUTY TO PROVIDE A STATEMENT OF THE REASONS ON WHICH A DECISION NOT TO ACCEPT AN APPLICATION FOR A POST IS BASED SINCE THE RECITALS OF SUCH A STATEMENT OF REASONS MIGHT BE PREJUDICIAL TO THE CANDIDATE .
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1 . OFFICIALS - INDIVIDUAL DECISIONS - NOTIFICATION - METHOD

( STAFF REGULATIONS OF OFFICIALS , SECOND PARAGRAPH OF ART . 25 )

2 . OFFICIALS - TRANSFER - DECISION ADVERSELY AFFECTING AN OFFICIAL - STATEMENTS OF GROUNDS

( STAFF REGULATIONS OF OFFICIALS , SECOND PARAGRAPH OF ART . 25 )

Summary

1 . THE SECOND PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS , BY PROVIDING THAT ANY DECISION RELATING TO A SPECIFIC INDIVIDUAL SHALL AT ONCE BE COMMUNICATED IN WRITING TO THE OFFICIAL CONCERNED , DOES NOT LAY DOWN THE METHOD BY WHICH THAT DECISION IS TO BE COMMUNICATED . SUCH COMMUNICATION IS DEEMED TO HAVE TAKEN PLACE WHEN THE DECISION IN FACT REACHES THE OFFICIAL CONCERNED , WHATEVER THE MEANS WHEREBY IT IS TRANSMITTED .

2 . A DECISION TO TRANSFER AN OFFICIAL IS TO BE DEEMED TO STATE THE GROUNDS ON WHICH IT IS BASED WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS IF THE STAFF MEMORANDA IN SUPPORT THEREOF HAVE BEEN BROUGHT TO THE NOTICE OF THE PERSON CONCERNED , CLEARLY INFORMED HIM OF THE REASONS BEHIND THE SAID DECISION AND INCLUDE ALL THE ESSENTIAL FACTORS WHICH ARE SUFFICIENT FOR THE PURPOSES OF A REVIEW BY THE COURT .