ddrg/super_eurlex huggingface dataset:
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1 . ECSC - PRICES - MINIMUM PRICE SCHEME - ALIGNMENT ON PRICES BELOW MINIMUM PRICES - NOT PERMISSIBLE

( ECSC TREATY , ARTS . 60 , 61 )

2 . ECSC - PRICES - ALIGNMENT - INFRINGEMENT - CONCESSION BY AUTHORITIES - JUSTIFICATION - NONE

3 . MEASURES ADOPTED BY INSTITUTIONS - DUTY TO STATE REASONS ON WHICH BASED - SCOPE - DECISION IMPOSING FINE

Summary

1 . INTRA-COMMUNITY ALIGNMENT CANNOT IN ANY CASE ENABLE GOODS TO BE SOLD BELOW THE MINIMUM PRICES SINCE ALL PRICE-LISTS OF COMMUNITY UNDERTAKINGS MUST COMPLY WITH THE DECISION ESTABLISHING THOSE MINIMUM PRICES . IT FOLLOWS THAT ANY SALE BY ALIGNMENT BELOW THE MINIMUM PRICES CONSTITUTES NOT ONLY AN IMPROPER INTRA-COMMUNITY ALIGNMENT , WHICH IS AN INFRINGEMENT OF ARTICLE 60 OF THE ECSC TREATY , BUT ALSO AN INFRINGEMENT OF THE MINIMUM PRICES .

2 . A CONCESSION ON THE PART OF THE AUTHORITIES CANNOT MAKE AN INFRINGEMENT LEGITIMATE , STILL LESS JUSTIFY MAKING THAT INFRINGEMENT MORE SERIOUS . THUS THE FACT THAT THE COMMISSION MAY HAVE SHOWN SOME LAXITY AS REGARDS ALIGNMENT NOT ON SPECIFIC PRICE-LISTS BUT ON A BASIC PRICE FORMED BY THE MINIMUM PRICE IN NO WAY JUSTIFIES SELLING AT PRICES LOWER THAN THE MINIMUM PRICES OR THE FAILURE TO TAKE INTO CONSIDERATION EXTRAS FOR QUALITY OR QUANTITY .

3 . THE STATEMENTS OF THE REASONS ON WHICH A DECISION IMPOSING A FINE FOR INFRINGEMENT OF THE ECSC RULES ON MINIMUM PRICES IS BASED , ALTHOUGH SUCCINCT , MUST BE CONSIDERED TO BE SUFFICIENT WHERE THE UNDERTAKING TO WHICH IT IS ADDRESSED HAS PARTICIPATED IN THE PROCEDURE WHEREBY THE DECISION IN QUESTION WAS DRAWN UP AND HAS BEEN INFORMED OF THE METHOD OF CALCULATING THE DISPUTED UNDER-PRICING .
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1 . OFFICIALS - REMUNERATION - WEIGHTINGS - DETERMINATION - CRITERIA THEREFOR - LIVING CONDITIONS IN THE VARIOUS PLACES OF EMPLOYMENT - CONCEPT OF THE PLACE OF EMPLOYMENT - CORRESPONDING OBLIGATION OF THE INSTITUTIONS

( STAFF REGULATIONS OF OFFICIALS , PARAGRAPH 1 OF ART . 64 )

2 . OFFICIALS - REMUNERATION - ADJUSTMENT IN THE EVENT OF A SUBSTANTIAL RISE IN THE COST OF LIVING - ADJUSTMENT OF WEIGHTINGS - DUTY OF COUNCIL - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 65 ( 2 ))

Summary

1 . IN ORDER THAT THE RULE CONTAINED IN ARTICLE 64 OF THE STAFF REGULATIONS TO THE EFFECT THAT ACCOUNT MUST BE TAKEN OF LIVING CONDITIONS IN THE VARIOUS ' ' PLACES OF EMPLOYMENT ' ' MAY BE OBSERVED , THAT EXPRESSION MUST BE UNDERSTOOD AS MEANING NOT ONLY THE CAPITALS OF THE MEMBER STATES BUT THE EXACT PLACES WHERE THE DUTIES OF A SUFFICIENTLY LARGE NUMBER OF OFFICIALS AND OTHER EMPLOYEES OF THE COMMUNITIES ARE PERFORMED .

THEREFORE IT IS FOR THE COMMUNITY INSTITUTIONS IN CASES IN WHICH THE COST OF LIVING IN SUCH A PLACE OF EMPLOYMENT UNDERGOES FLUCTUATIONS GREATER THAN THOSE OCCURING IN THE CAPITAL OF THE STATE IN QUESTION TO DETERMINE SEPARATE WEIGHTINGS .

2.THE WORDING OF ARTICLE 65 ( 2 ) PRECLUDES ANY INTERPRETATION TO THE EFFECT THAT THE COUNCIL IS NOT OBLIGED TO ADJUST THE WEIGHTINGS WITHIN A PERIOD OF TWO MONTHS FOLLOWING ANY SUBSTANTIAL CHANGE IN THE COST OF LIVING . THE COUNCIL ' S POWER IN THIS RESPECT IS TO DECIDE WHETHER OR NOT THERE HAS BEEN A SUBSTANTIAL INCREASE IN THE COST OF LIVING AND , IF THERE HAS , TO DRAW THE APPROPRIATE CONCLUSIONS . ANY OTHER INTERPRETATION WOULD RUN COUNTER TO THE OBJECTIVE OF THE PROVISION IN QUESTION WHICH IS TO GUARANTEE TO ALL OFFICIALS THE SAME PURCHASING POWER WHATEVER THEIR PLACE OF EMPLOYMENT .
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OFFICIALS - POST - CRITERIA FOR ASSESSMENT - IMPORTANCE OF THE POST IN QUESTION - REGRADING OF A POST - CONVERSION OF A POST - PROCEDURE

( STAFF REGULATIONS , ART . 5 ( 1 ) AND ( 4 ))

Summary

IT FOLLOWS FROM ARTICLE 5 ( 1 ) AND ( 4 ) OF THE STAFF REGULATIONS AND ALSO FROM THE GENERAL PRINCIPLES APPLICABLE TO THE PUBLIC SERVICE THAT , ALTHOUGH EACH INSTITUTION HAS A WIDE DISCRETION IN RELATION TO ITS INTERNAL ORGANIZATION AND THE ASSESSMENT OF POSTS , IT IS THE IMPORTANCE OF THE DIFFERENT BRANCHES OR POSTS AS WELL AS OF THE DUTIES AND RESPONSIBILITIES INCUMBENT UPON THEM WHICH MUST BE THE PRINCIPAL CRITERION BY VIRTUE OF WHICH IT IS APPROPRIATE TO DECIDE WHETHER A GIVEN BRANCH MUST BE DIRECTED BY - OR WHETHER A GIVEN POST MUST BE ASSIGNED TO - AN OFFICIAL IN A GRADE CORRESPONDING TO A POST OF HEAD OF DIVISION RATHER THAN A POST OF PRINCIPAL ADMINISTRATOR .

IF IT APPEARS THAT THE NEED FOR SUCH AN ARRANGEMENT WERE TO AFFECT SIMULTANEOUSLY AND IN THE SAME WAY SEVERAL BRANCHES OR POSTS WITHOUT ITS BEING POSSIBLE TO ATTEND TO IT AT THE SAME TIME FOR BUDGETARY REASONS , THE COMPETENT AUTHORITY IS ENTITLED THEN TO TAKE INTO CONSIDERATION THE MERITS AND QUALIFICATIONS OF THE OFFICIALS WHO , AFTER THE CONVERSION OF THE POSTS , MIGHT ASSUME THE DUTIES OF THE REGRADED POST . THE APPLICATION OF THIS CRITERION PRESUPPOSES HOWEVER THAT THE NEEDS OF THE DIFFERENT BRANCHES OR POSTS IN QUESTION HAVE BEEN COMPARED AND ASSESSED .
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TAX PROVISIONS - HARMONIZATION OF LEGISLATION - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - PROVISION OF SERVICES - BASIS OF ASSESSMENT - CONSIDERATION , DIRECTLY LINKED TO THE SERVICE , CAPABLE OF BEING EXPRESSED IN MONEY AND HAVING A SUBJECTIVE VALUE

( COUNCIL DIRECTIVE 67/228 , ARTS 2 AND 8 ( A ): ANNEX A , POINT 13 )

Summary

A PROVISION OF SERVICES IS TAXABLE WITHIN THE MEANING OF THE SECOND DIRECTIVE ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES CONCERNING TURNOVER TAXES , WHEN THE SERVICE , IN THE TERMS OF ART . 2 OF THAT INSTRUMENT , IS PROVIDED AGAINST PAYMENT AND THE BASIS OF ASSESSMENT FOR SUCH A SERVICE CONSISTS , IN THE TERMS OF ARTICLE 8 ( A ) AS AMPLIFIED BY POINT 13 OF ANNEX A , OF EVERYTHING RECEIVED IN RETURN FOR THE PROVISION OF THE SERVICE . THERE MUST THEREFORE BE A DIRECT LINK BETWEEN THE SERVICE PROVIDED AND THE CONSIDERATION RECEIVED . SUCH CONSIDERATION MUST BE CAPABLE OF BEING EXPRESSED IN MONEY AND HAVE A SUBJECTIVE VALUE SINCE THE BASIS OF ASSESSMENT FOR THE PROVISION OF SERVICES IS THE CONSIDERATION ACTUALLY RECEIVED AND NOT A VALUE ASSESSED ACCORDING TO OBJECTIVE CRITERIA .

THEREFORE THERE CAN BE NO QUESTION OF ANY CONSIDERATION WITHIN THE MEANING OF ARTICLE 8 ( A ) OF THE DIRECTIVE IN THE CASE OF A COOPERATIVE ASSOCIATION RUNNING A WAREHOUSE FOR THE STORAGE OF GOODS WHICH DOES NOT IMPOSE ANY STORAGE CHARGE ON ITS MEMBERS FOR THE SERVICE PROVIDED .
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1 . COMMON COMMERCIAL POLICY - TRADE WITH NON-MEMBER COUNTRIES - COMMUNITY PROTECTIVE MEASURES - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 110 )

2 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - AMENDMENT OF RULES - PRINCIPLE OF PROTECTION OF LEGITIMATE EXPECTATION - APPLICATION - LIMITS

Summary

1 . ARTICLE 110 OF THE EEC TREATY , WHICH STATES THAT MEMBER STATES ' ' AIM TO CONTRIBUTE , IN THE COMMON INTEREST , TO THE HARMONIOUS DEVELOPMENT OF WORLD TRADE , THE PROGRESSIVE ABOLITION OF RESTRICTIONS ON INTERNATIONAL TRADE AND THE LOWERING OF CUSTOMS BARRIERS ' ' , CANNOT BE INTERPRETED AS PROHIBITING THE COMMUNITY FROM ENACTING , UPON PAIN OF COMMITTING AN INFRINGEMENT OF THE TREATY , ANY MEASURE LIABLE TO AFFECT TRADE WITH NON-MEMBER COUNTRIES EVEN WHERE THE ADOPTION OF SUCH A MEASURE IS REQUIRED BY THE RISK OF A SERIOUS DISTURBANCE WHICH MIGHT ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY AND WHERE THE MEASURE IS LEGALLY JUSTIFIED BY THE PROVISIONS OF COMMUNITY LAW .

2 . ALTHOUGH THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION IS ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY , NEVERTHELESS THE FIELD OF APPLICATION OF THIS PRINCIPLE CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE EARLIER RULES IN THE ABSENCE OF OBLIGATIONS ENTERED INTO WITH THE PUBLIC AUTHORITIES . THIS IS PARTICULARLY TRUE IN A FIELD SUCH AS THE COMMON ORGANIZATION OF MARKETS , THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO THE VARIATIONS OF THE ECONOMIC SITUATION IN THE VARIOUS AGRICULTURAL SECTORS .
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OFFICIALS - TEMPORARY STAFF - DISMISSAL FOR INCOMPETENCE - OBSERVANCE OF THE PERIOD OF NOTICE STIPULATED IN THE CONTRACT - DISCRETION OF THE ADMINISTRATION - JUDICIAL REVIEW - LIMITS

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ART . 47 ( 2 ))

Summary

IT CLEARLY FOLLOWS FROM ARTICLE 47 ( 2 ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS THAT IT LIES WITHIN THE DISCRETION OF THE COMPETENT AUTHORITY TO TERMINATE A CONTRACT CONCLUDED FOR AN INDEFINITE PERIOD , PROVIDED THAT THE PERIOD OF NOTICE STIPULATED IN THE CONTRACT IS GIVEN AND THAT PERIOD IS IN ACCORDANCE WITH THE SAID PROVISION . IN THE CASE OF DISMISSAL FOR INCOMPETENCE THE COURT MAY NOT THEREFORE REVIEW THE BASIS ON WHICH THAT DISCRETION WAS EXERCISED , EXCEPT WHERE A PATENT ERROR OR A MISUSE OF POWER CAN BE PROVED .
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OFFICIALS - STAFF REGULATIONS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - DISTINCT FIELDS OF APPLICATION - APPOINTMENT OF MEMBER OF THE LOCAL STAFF AS PROBATIONARY OFFICIAL - END OF PREVIOUS EMPLOYMENT RELATIONSHIPS

Summary

THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS EACH COVER A CLEARLY DEFINED RANGE OF PERSONS AND IT IS NOT POSSIBLE , EXCEPT WHERE THERE IS AN EXPRESS DEROGATION , FOR A SERVANT TO COME SIMULTANEOUSLY WITHIN THE SCOPE OF BOTH OF THOSE ACTS LAID DOWN BY REGULATION .

IT FOLLOWS FROM THOSE CONSIDERATIONS THAT A MEMBER OF THE LOCAL STAFF WHO ACCEPTS AN APPOINTMENT AS A PROBATIONARY OFFICIAL IS SUBJECT TO THE STAFF REGULATIONS ALONE , THE APPLICATION OF WHICH AUTOMATICALLY TERMINATES THE RELATIONSHIP FORMERLY GOVERNED BY THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS WITHOUT ITS BEING NECESSARY FOR THE EMPLOYMENT RELATIONSHIPS THEREUNDER TO BE TERMINATED EXPRESSLY BY THE ADMINISTRATION .
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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL PROVISIONS AS REGARDS CRIMINAL PROCEEDINGS - RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON IN CRIMINAL PROCEEDINGS RELATING TO AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED - CONCEPT OF AN ' ' OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED ' ' - INDEPENDENT CONCEPT - DEFINITION

( ART . II OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL PROVISIONS AS REGARDS CRIMINAL PROCEEDINGS - RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON IN CRIMINAL PROCEEDINGS RELATING TO AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED - SCOPE - CRIMINAL PROCEEDINGS RELATING TO AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED RAISING THE ISSUE OF THE ACCUSED ' S CIVIL LIABILITY

( ART . II OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 )

Summary

1 . THE CONCEPT OF AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED APPEARING IN ARTICLE II OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE REGARDED AS AN INDEPENDENT CONCEPT WHICH MUST BE EXPLAINED BY REFERENCE , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO THE GENERAL PRINCIPLES WHICH THE NATIONAL LEGAL SYSTEMS HAVE IN COMMON . IT COVERS ANY OFFENCE THE LEGAL DEFINITION OF WHICH DOES NOT REQUIRE , EITHER EXPRESSLY OR AS APPEARS FROM THE NATURE OF THE OFFENCE DEFINED , THE EXISTENCE OF INTENT ON THE PART OF THE ACCUSED TO COMMIT THE PUNISHABLE ACT OR OMISSION .

2 . THE RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON , GRANTED BY ARTICLE II OF THE AFOREMENTIONED PROTOCOL , APPLIES IN ALL CRIMINAL PROCEEDINGS CONCERNING OFFENCES WHICH WERE NOT INTENTIONALLY COMMITTED , IN WHICH THE ACCUSED ' S LIABILITY AT CIVIL LAW , ARISING FROM THE ELEMENTS OF THE OFFENCE FOR WHICH HE IS BEING PROSECUTED , IS IN QUESTION OR ON WHICH SUCH LIABILITY MIGHT SUBSEQUENTLY BE BASED .
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OFFICIALS - RECRUITMENT - COMPETITION BASED ON TESTS - WRITTEN TEST - CHOICE OF SUBJECT - OBSERVANCE OF CRITERIA MENTIONED IN THE NOTICE OF COMPETITION - NO BREACH OF THE PRINCIPLE OF EQUAL TREATMENT OF CANDIDATES - CONSIDERATION OF THE DEGREE OF DIFFICULTY OF THE TEST ON MARKING - ASSESSMENT BY THE SELECTION BOARD - REVIEW BY THE COURT - LIMITS
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OFFICIALS - APPLICATIONS - ACT ADVERSELY AFFECTING AN OFFICIAL - CRITERIA - STATEMENT OF THE GROUNDS ON WHICH THE ACT IS BASED

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

WITHIN THE FRAMEWORK OF A CONTINUING DISCUSSION AN OFFICIAL IS ENTITLED NOT TO REGARD AN EXCHANGE OF VIEWS AS A FOR- MAL DECISION ON THE PART OF THE ADMINISTRATION UNTIL HE RECEIVES THE FIRST LETTER FROM THE ADMINISTRATION STATING THE GROUNDS ON WHICH THAT DECISION IS BASED . ONLY AT THAT TIME DOES HE BECOME BOUND TO LODGE A COMPLAINT WITHIN THE PERIOD LAID DOWN BY THE STAFF REGULATIONS .
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COMMON CUSTOMS TARIFF - CUSTOMS DUTIES - SPECIFIC DUTIES EXPRESSED IN UNITS OF ACCOUNT - CONVERSION INTO THE CURRENCY OF THE IMPORTING MEMBER STATE - APPLICATION OF THE RATE OF EXCHANGE CORRESPONDING TO THE PARITY NOTIFIED TO THE INTERNATIONAL MONETARY FUND - GENERAL RULE C.3 - VALIDITY - REDUCTION OF CUSTOMS DUTIES TO THE AMOUNT PAYABLE IN THE CASE OF IMPORTATION INTO THE MEMBER STATE HAVING THE WEAKEST CURRENCY - NOT PERMISSIBLE

( REGULATION NO 950/68 OF THE COUNCIL , AS AMENDED BY COUNCIL REGULATION NO 2500/77 , GENERAL RULE C.3 )

Summary

CONSIDERATION OF GENERAL RULE C.3 IN PART I , SECTION I , OF THE ANNEX TO COUNCIL REGULATION NO 2500/77 HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT ITS VALIDITY . THE RULE MUST BE APPLIED IN SUCH A WAY THAT IN THE CASE OF AN IMPORTATION INTO A MEMBER STATE HAVING A STRONG CURRENCY CUSTOMS DUTIES EXPRESSED IN UNITS OF ACCOUNT MUST BE CONVERTED , IN CONFORMITY WITH THE RULE , INTO THE NATIONAL CURRENCY OF THE MEMBER STATE WHERE THE IMPORTATION TOOK PLACE AND MUST NOT BE LIMITED TO THE AMOUNT WHICH WOULD HAVE BEEN CHARGED IN THE CASE OF IMPORTATION INTO THE MEMBER STATE HAVING THE WEAKEST CURRENCY .
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1 . COMMUNITY LAW - PRINCIPLES - ASSIGNMENT OF RIGHTS - WHETHER POSSIBLE - CONSEQUENCES

2.NON-CONTRACTUAL LIABILITY - DAMAGE - COMPENSATION - CLAIM FOR INTEREST - ADMISSIBILITY

( EEC TREATY , ART . 215 , SECOND PARA ).

Summary

1 . THE ASSIGNMENT OF RIGHTS IS IN PRINCIPLE POSSIBLE UNDER THE LAWS OF THE MEMBER STATES AND SHOULD THEREFORE ALSO BE POSSIBLE UNDER COMMUNITY LAW . THE ASSIGNEE OF A RIGHT IS SUBROGATED TO THE RIGHT OF ACTION IN THE EVENT OF AN INFRINGEMENT OF THAT RIGHT .

2.A CLAIM FOR INTEREST MADE IN CONNECTION WITH THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 MUST BE CONSIDERED IN THE LIGHT OF THE PRINCIPLES COMMON TO THE LAWS OF THE MEMBER STATES , TO WHICH THAT PROVISION REFERS . IT FOLLOWS FROM THOSE PRINCIPLES THAT A CLAIM FOR INTEREST IS IN GENERAL ADMISSIBLE .
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1 . MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - ABSENCE - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

2 . APPLICATIONS FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - POWERS OF THE COURT - LIMITS - EXTENSION OF THE PERIOD LAID DOWN IN THE REASONED OPINION - POWERS OF THE COMMISSION

( EEC TREATY , ART . 169 )

Summary

1 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .

2 . THE POWERS CONFERRED ON THE COURT IN RELATION TO APPLICATIONS UNDER ARTICLE 169 OF THE TREATY DO NOT INCLUDE THE POWER TO SUBSTITUTE A DIFFERENT PERIOD FOR THAT LAID DOWN BY THE COMMISSION PURSUANT TO ARTICLE 169 OF ITS REASONED OPINION , ALTHOUGH THE LEGALITY OF THAT OPINION IS SUBJECT TO REVIEW BY THE COURT . SUBJECT TO THE SAME RESERVATION , IT IS FOR THE COMMISSION TO DECIDE WHETHER SUCH A REQUEST FROM A MEMBER STATE IS TO BE GRANTED .
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OFFICIALS - SECONDMENT - ADDITIONAL EXPENSES ENTAILED BY THE SECONDMENT - CONCEPT

( STAFF REGULATIONS OF OFFICIALS , ART . 38 ( D ))

Summary

ARTICLE 38 ( D ) OF THE STAFF REGULATIONS DOES NOT COMPEL THE ADMINISTRATION TO REIMBURSE ALL EXPENSES CAUSED BY ANY DECISION , HOWEVER REASONABLE IT MAY BE , WHICH MAY BE TAKEN BY AN OFFICIAL IN CONNECTION WITH HIS SECONDMENT , BUT SOLELY THOSE EXPENSES WHICH MAY BE DESCRIBED AS ADDITIONAL EXPENSES ENTAILED BY THE SECONDMENT ITSELF .

THE EXPENSES ARISING AS A RESULT OF AN OFFICIAL ' S DECISION TO RETAIN DURING HIS SECONDMENT A FLAT AT HIS PREVIOUS PLACE OF EMPLOYMENT COULD NOT BE DESCRIBED AS ADDITIONAL EXPENSES ENTAILED BY HIS SECONDMENT ; A FORTIORI , THE COST OF FURNITURE STORAGE RESULTING FROM HIS DECISION TO SAVE PAYING RENT FOR THAT FLAT CANNOT BE SO DESCRIBED .
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1 . FREE MOVEMENT OF PERSONS - WORKER - ACTIVITY AS AN EMPLOYED PERSON - CONCEPTS - RESTRICTIVE INTERPRETATION - NOT POSSIBLE

( EEC TREATY , ART . 48 )

2 . FREE MOVEMENT OF PERSONS - WORKER - CONCEPT - EFFECTIVE AND GENUINE PURSUIT OF ACTIVITY AS AN EMPLOYED PERSON - INCOME LESS THAN THE MINIMUM LEGAL WAGE - IMMATERIAL

( EEC TREATY , ART . 48 )

3 . FREE MOVEMENT OF PERSONS - WORKER - MOTIVES PROMPTING SEARCH FOR EMPLOYMENT IN ANOTHER MEMBER STATE - OF NO ACCOUNT AS REGARDS RIGHT TO ENTER AND RESIDE

( EEC TREATY , ART . 48 )

Summary

1 . THE CONCEPTS OF ' ' WORKER ' ' AND ' ' ACTIVITY AS AN EMPLOYED PERSON ' ' DEFINE THE FIELD OF APPLICATION OF ONE OF THE FUNDAMENTAL FREEDOMS GUARANTEED BY THE TREATY AND , AS SUCH , MAY NOT BE INTERPRETED RESTRICTIVELY .

2 . THE PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS ALSO COVER A NATIONAL OF A MEMBER STATE WHO PURSUES , WITHIN THE TERRITORY OF ANOTHER MEMBER STATE , AN ACTIVITY AS AN EMPLOYED PERSON WHICH YIELDS AN INCOME LOWER THAN THAT WHICH , IN THE LATTER STATE , IS CONSIDERED AS THE MINIMUM REQUIRED FOR SUBSISTENCE , WHETHER THAT PERSON SUPPLEMENTS THE INCOME FROM HIS ACTIVITY AS AN EMPLOYED PERSON WITH OTHER INCOME SO AS TO ARRIVE AT THAT MINIMUM OR IS SATISFIED WITH MEANS OF SUPPORT LOWER THAN THE SAID MINIMUM , PROVIDED THAT HE PURSUES AN ACTIVITY AS AN EMPLOYED PERSON WHICH IS EFFECTIVE AND GENUINE .

3 . THE MOTIVES WHICH MAY HAVE PROMPTED A WORKER OF A MEMBER STATE TO SEEK EMPLOYMENT IN ANOTHER MEMBER STATE ARE OF NO ACCOUNT AS REGARDS HIS RIGHT TO ENTER AND RESIDE IN THE TERRITORY OF THE LATTER STATE PROVIDED THAT HE THERE PURSUES OR WISHES TO PURSUE AN EFFECTIVE AND GENUINE ACTIVITY .
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FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RESTRAINING PRECISE IMITATION - IMPORTED PRODUCT ALMOST IDENTICAL TO ANOTHER PRODUCT ALREADY MARKETED IN THE SAME MEMBER STATE - JUDGMENT RESTRAINING SALE - PERMISSIBILITY

( EEC TREATY , ART . 30 )

Summary

THE RULES OF THE EEC TREATY ON THE FREE MOVEMENT OF GOODS DO NOT PREVENT A RULE OF NATIONAL LAW WHICH APPLIES TO DOMESTIC AND IMPORTED PRODUCTS ALIKE , FROM ALLOWING A TRADER , WHO FOR SOME CONSIDERABLE TIME IN THE MEMBER STATE CONCERNED HAS MARKETED A PRODUCT WHICH DIFFERS FROM SIMILAR PRODUCTS , TO OBTAIN AN INJUNCTION AGAINST ANOTHER TRADER RESTRAINING HIM FROM CONTINUING TO MARKET IN THAT MEMBER STATE A PRODUCT COMING FROM ANOTHER MEMBER STATE IN WHICH IT IS LAWFULLY MARKETED BUT WHICH FOR NO COMPELLING REASON IS ALMOST IDENTICAL TO THE FIRST-MENTIONED PRODUCT AND THEREBY NEEDLESSLY CAUSES CONFUSION BETWEEN THE TWO PRODUCTS .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - ABSENCE - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM PUBLIC STOCKS - SALE AT REDUCED PRICES FOR DIRECT CONSUMPTION - ARTICLE 6 ( 2 ) OF REGULATION NO 349/73 - APPLICATION TO THE SALE OF CONCENTRATED BUTTER

( REGULATION NO 349/73 OF THE COMMISSION , ART . 6 ( 2 ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM PUBLIC STOCKS - SALE AT REDUCED PRICES FOR DIRECT CONSUMPTION - CONTRACT OF SALE TO BE DRAWN UP IN WRITING - DETAILED RULES - LIMITS

( REGULATION NO 349/73 OF THE COMMISSION , ART . 6 ( 2 ))

Summary

1 . SINCE ALL CONCENTRATED BUTTER DISPOSED OF UNDER THE RULES GOVERNING THE SALE THEREOF AT REDUCED PRICES INTRODUCED BY REGULATION NO 349/73 MUST BE DIRECTLY CONSUMED , THE CONDITIONS LAID DOWN IN ARTICLE 6 ( 2 ) OF THAT REGULATION AS REGARDS THE RESALE OF BUTTER ALSO APPLY TO THE SALE OF CONCENTRATED BUTTER IN ORDER TO AVOID ANY POSSIBILITY OF THE DIVERSION OF THAT CONCENTRATED BUTTER FROM ITS INTENDED USE .

2 . IN ORDER TO SATISFY THE REQUIREMENT AS TO WRITING LAID DOWN IN ARTICLE 6 ( 2 ) OF REGULATION NO 349/73 ONLY THE BUYER ' S UNDERTAKING MUST BE MADE IN WRITING - EVEN IF IT CONTAINS NO DETAILS AS TO PRICE OR QUANTITY - PROVIDED THAT THE WRITTEN UNDERTAKING MENTIONS THE PENALTIES FOR WHICH THE BUYER IS LIABLE IF THE OBLIGATIONS PROVIDED FOR ARE NOT COMPLIED WITH , PARTICULARLY AS REGARDS THE FINAL INTENDED USE .

IT IS SUFFICIENT FOR THE REQUIREMENTS OF COMMUNITY LAW FOR ONLY THE FIRST ORDER TO HAVE BEEN MADE IN WRITING PROVIDED THAT THE OTHER SUBSEQUENT CONTRACTS OF SALE MAY BE PRESUMED TO REFER TO THE FIRST ORDER , EVEN IF THEY WERE MADE ORALLY , AND THAT IT IS GUARANTEED THAT THE PENALTIES MAY ALSO BE IMPOSED IN THE SAME OR SUBSEQUENT ORDERS .

THE OTHER CONDITIONS OF THOSE CONTRACTS AND THEIR LEGAL EFFECTS ARE GOVERNED BY NATIONAL LAW .
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Keywords

TAX PROVISIONS - HARMONIZATION OF LAWS - TURNOVER TAXES - COMMON SYSTEM OF VALUE-ADDED TAX - PROVISION OF SERVICES - BASIS OF ASSESSMENT - CONSIDERATION FOR THE SERVICE - CONCEPT - INTEREST ON ACCOUNT OF LATE PAYMENT AWARDED BY A JUDICIAL DECISION - EXCLUSION

( COUNCIL DIRECTIVE NO 67/228 , ART . 8 ( 2 ))

Summary

THE CONCEPT OF CONSIDERATION , WHICH CONSTITUTES THE BASIS OF ASSESSMENT FOR THE PROVISION OF SERVICES AS PROVIDED FOR IN ARTICLE 8 ( A ) OF THE SECOND DIRECTIVE ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES CONCERNING TURNOVER TAXES , DOES NOT COVER INTEREST AWARDED TO AN UNDERTAKING BY A JUDICIAL DECISION WHERE SUCH INTEREST HAS BEEN AWARDED TO IT BY REASON OF THE FACT THAT THE BALANCE OF THE CONSIDERATION FOR THE SERVICES PROVIDED HAS NOT BEEN PAID IN DUE TIME .
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM COMMUNITY DIRECTIVES .