ddrg/super_eurlex huggingface dataset:
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1 . REQUEST FOR A PRELIMINARY RULING - EFFECTS OF A NATIONAL LAW AS AGAINST COMMUNITY LAW - POWERS OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SYSTEMS OF SOCIAL SECURITY AND OF SOCIAL ASSISTANCE - DISTINCTION - INVALIDITY PENSION - SUPPLEMENTARY ALLOWANCE - BENEFIT WITHIN THE MEANING OF ARTICLE 1 ( S ) OF REGULATION NO 3 - PERSON ENTITLED - TRANSFER OF RESIDENCE TO ANOTHER MEMBER STATE - ENTITLEMENT TO CONTINUED PAYMENT OF ALLOWANCE

( REGULATION NO 3, ARTICLE 1 ( B ), ARTICLE 1 ( C ), ARTICLE 3, ARTICLE 10 ( 1 ))

Summary

1 . THE COURT CAN PROVIDE THE NATIONAL COURT WITH AIDS TO INTERPRETATION DERIVED FROM COMMUNITY LAW WHICH MIGHT GUIDE IT IN AN ASSESSMENT OF THE EFFECTS OF A NATIONAL LEGISLATION .

2 . WHERE A LEGISLATION WHICH COMES CLOSE TO BOTH A SYSTEM OF SOCIAL SECURITY AND A SYSTEM OF SOCIAL ASSISTANCE HAS CEASED TO CONCERN ITSELF WITH THE ASSESSMENT OF NEED IN THE INDIVIDUAL CASE - A CHARACTERISTIC FEATURE OF A SYSTEM OF ASSISTANCE - AND HAS CONFERRED ON THE PERSONS ENTITLED A LEGALLY DEFINED POSITION, THEN IT COMES UNDER THE SYSTEM OF SOCIAL SECURITY WITHIN THE MEANING OF THE COMMUNITY REGULATIONS .

THIS IS THE REASON WHY A SUPPLEMENTARY ALLOWANCE, PAID BY A NATIONAL SOLIDARITY FUND ON THE BASIS OF AN INVALIDITY PENSION TO PERSONS ENTITLED TO SUCH PENSION, CONSTITUTES, TO THE EXTENT THAT THE PERSONS CONCERNED HAVE A LEGALLY PROTECTED RIGHT TO THE GRANT THEREOF, A 'BENEFIT' WITHIN THE MEANING OF ARTICLE 1 ( S ) OF REGULATION NO 3, AND FOR THAT REASON FALLS WITHIN THE MATTERS COVERED BY THIS REGULATION .

A PERSON WHO TRANSFERS HIS RESIDENCE TO ANOTHER MEMBER STATE IS ENTITLED TO CONTINUE TO RECEIVE THIS BENEFIT EVEN IF SUCH SUPPLEMENTARY ALLOWANCE IS BY NATIONAL LEGISLATION LIMITED TO PERSONS RESIDING WITHIN THE NATIONAL TERRITORY .
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FREE MOVEMENT OF PERSONS - NON-DISCRIMINATION - EXCEPTIONS TO BE STRICTLY CONSTRUED - OFFENCE AGAINST NATIONAL PUBLIC POLICY - NATIONAL OF A MEMBER STATE - DEPORTATION - PERSONAL CONDUCT - MEASURE OF A GENERAL PREVENTIVE NATURE - PROHIBITION

( EEC TREATY, ARTICLES 48 AND 56; COUNCIL DIRECTIVE NO 64/221/EEC, ARTICLES 3 ( 1 ) AND ( 2 ))

Summary

DIRECTIVE NO 64/221 SEEKS TO COORDINATE THE MEASURES JUSTIFIED ON GROUNDS OF PUBLIC POLICY AND FOR THE MAINTENANCE OF PUBLIC SECURITY ENVISAGED BY ARTICLES 48 AND 56 OF THE TREATY, IN ORDER TO RECONCILE THE APPLICATION OF THESE MEASURES WITH THE BASIC PRINCIPLE OF THE FREE MOVEMENT OF PERSONS WITHIN THE COMMUNITY AND THE ELIMINATION OF ALL DISCRIMINATION, IN THE APPLICATION OF THE TREATY, BETWEEN THE NATIONALS OF THE STATE IN QUESTION AND THOSE OF THE OTHER MEMBER STATES .

AS DEPARTURES FROM THE RULES CONCERNING THE FREE MOVEMENT OF PERSONS CONSTITUTE EXCEPTIONS WHICH MUST BE STRICTLY CONSTRUED, THE CONCEPT OF 'PERSONAL CONDUCT' EXPRESSES THE REQUIREMENT THAT A DEPORTATION ORDER MAY ONLY BE MADE FOR BREACHES OF THE PEACE WHICH MIGHT BE COMMITTED BY THE INDIVIDUAL AFFECTED .

IT FOLLOWS FROM THIS THAT ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC PREVENTS THE DEPORTATION OF A NATIONAL OF A MEMBER STATE IF SUCH DEPORTATION IS ORDERED FOR THE PURPOSE OF DETERRING OTHER ALIENS, THAT IS, IF IT IS BASED ON REASONS OF A 'GENERAL PREVENTIVE NATURE '.
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OFFICIALS - PROMOTION - CANDIDATES - CONSIDERATION OF MERITS - INFRINGEMENT

( STAFF REGULATIONS, ARTICLE 45 )

Summary

CONSIDERATION OF THE MERITS OF CANDIDATES WHOSE PERIODIC REPORTS HAD ALREADY BEEN DRAWN UP UNDER ARTICLE 43 AND OF OTHERS IN WHOSE CASE THIS HAD NOT YET BEEN DONE FAILS TO MEET THE REQUIREMENTS OF ARTICLE 45 WITH REGARD TO CONSIDERATION OF THE COMPARATIVE MERITS OF OFFICIALS .
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1 . OFFICIALS - APPLICATION - SUBJECT-MATTER - FAILURE TO SPECIFY - COMPLAINT - COMPETENT INSTITUTION - APPLICATION TO - BRINGING PROCEEDINGS - APPROPRIATE TIME - SPECIAL DIFFICULTIES - ADMISSIBILITY

( STAFF REGULATIONS, ARTICLES 90 AND 91 )

2 . JOINT NUCLEAR RESEARCH CENTRE ( JNRC ) - LOCAL STAFF - CONDITIONS RELATING TO REMUNERATION - ADAPTATION - LOCAL PRACTICE - INSTITUTIONS - DISCRETION - CONDITIONS FOR OTHER ESTABLISHMENT STAFF - COMPARISON - LIMITS

( STAFF REGULATIONS; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES, ARTICLE 94 )

Summary

1 . THE FAILURE TO SPECIFY THE SUBJECT-MATTER OF AN ACTION DOES NOT RENDER IT INADMISSIBLE IF, BECAUSE OF THE SPECIAL NATURE OF THE DECISION-MAKING PROCESS FOLLOWED IN THE PARTICULAR CASE, IT WAS ESPECIALLY DIFFICULT FOR THE APPLICANTS TO KNOW TO WHICH INSTITUTION THEY SHOULD APPLY, TO DECIDE AT WHAT MOMENT THEIR ACTION COULD BE EFFECTIVE AND TO RECOGNIZE THE MEASURE AFFECTING THEM ADVERSELY .

2 . ARTICLE 94 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES CONFERS ON THE COMPETENT INSTITUTIONS A WIDE DISCRETIONARY POWER TO ADAPT THE CONDITIONS RELATING TO REMUNERATION OF THE LOCAL STAFF AND OF THE ESTABLISHMENT STAFF TO THE PARTICULAR LOCAL CIRCUMSTANCES OF EACH OF THE ESTABLISHMENTS IN QUESTION, TAKING INTO ACCOUNT THE REQUIREMENTS WHICH ARISE BOTH FROM THE INTERNAL WORKING CONDITIONS OF THESE ESTABLISHMENTS AND ALSO FROM THE CONSIDERATIONS RESULTING FROM THE ECONOMIC AND SOCIAL SITUATION WITHIN WHICH THE STAFF ARE PLACED .

THE PROVISIONS ADOPTED TO THIS END MAY BE CRITICIZED IN THE LIGHT OF A COMPARISON WITH THE CONDITIONS RELATING TO REMUNERATION OF STAFF EMPLOYED IN THE ESTABLISHMENTS WITHIN OTHER MEMBER STATES ONLY IF THE COUNCIL AND COMMISSION HAVE MISUSED THEIR POWERS IN RESPECT OF SUCH STAFF .
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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SKIMMED MILK POWDER - FAT CONTENT - CONCEPT

( REGULATION NO 986/68 OF THE COUNCIL, ARTICLE 1 ( C ))

Summary

THE EXPRESSION 'FAT CONTENT' USED IN ARTICLE 1 ( C ) OF REGULATION NO 986/68 MUST BE INTERPRETED AS REFERRING TO THE FAT CONTENT OF SKIMMED MILK POWDER, INCLUDING FAT-LIKE SUBSTANCES SUCH AS PHOSPHATIDES, IN SO FAR AS THOSE SUBSTANCES ARE NOT EXTRACTED WHEN APPLYING THE METHODS OF ANALYSIS IN CURRENT USE .
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COMPETITION - RESTRICTIVE PRACTICES - EXCLUSIVE DEALING AGREEMENTS - EXEMPTION - CATEGORIES OF AGREEMENTS - INAPPLICABILITY

( REGULATION NO 67/67 OF THE COMMISSION, ARTICLE 3 )

Summary

AN EXCLUSIVE SALES AGREEMENT BETWEEN A MANUFACTURER IN ONE OF THE MEMBER STATES AND A DEALER ESTABLISHED ELSEWHERE IN THE COMMON MARKET FALLS WITHIN ARTICLE 3 OF REGULATION NO 67/67 OF THE COMMISSION WHERE IT PRESCRIBES AN OBLIGATION ON THE PART OF THE MANUFACTURER TO PROHIBIT INTERMEDIARIES AND CONSUMERS ESTABLISHED IN HIS STATE FROM EXPORTING OR CAUSING TO BE EXPORTED THE GOODS IN QUESTION TO THE TERRITORY COVERED BY THE CONTRACT AND WHERE IT HAS THE EFFECT OF RENDERING IT IMPOSSIBLE FOR INTERMEDIARIES AND CONSUMERS ESTABLISHED IN THAT TERRITORY TO ACQUIRE DIRECTLY FROM THE MANUFACTURER'S STATE AN APPRECIABLE QUANTITY OF THE SAID GOODS .

SUCH AN AGREEMENT FALLS WITHIN THE PROVISIONS OF ARTICLE 3 OF REGULATION NO 67/67 EVEN IF THE INTERMEDIARIES AND CONSUMERS ESTABLISHED IN THE TERRITORY COVERED BY THE CONTRACT ENJOY REAL POSSIBILITIES - WHETHER OR NOT THEY TAKE ADVANTAGE THEREOF - OF ACQUIRING THE PRODUCTS TO WHICH THE CONTRACT RELATES IN THE COMMON MARKET OUTSIDE THE MANUFACTURER'S STATE .
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SOCIAL SECURITY - MIGRANT WORKERS - FAMILY ALLOWANCES - PAYMENT BY THE COUNTRY LIABLE FOR PAYMENT OF PENSION - COMBINED SICKNESS/INVALIDITY INSURANCE - CASH PAYMENTS FOR TOTAL OR PARTIAL INCAPACITY - NATURE OF PENSIONS

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 42 )

Summary

UNDER A COMBINED SICKNESS/INVALIDITY INSURANCE SCHEME CASE BENEFITS PAID AS INVALIDITY BENEFITS, HOWSOEVER DESIGNATED, MUST BE REGARDED AS PENSIONS WITHIN THE MEANING OF ARTICLE 42 OF REGULATION NO 3 .
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1 . OFFICIALS - RECRUITMENT - CONSIDERATION OF APPLICATIONS - SELECTION BOARD - OBLIGATIONS

( STAFF REGULATIONS OF THE EEC, ANNEX III, ARTICLE 5 )

2 . OFFICIALS - RECRUITMENT - CONSIDERATION OF APPLICATIONS - EXPERIENCE - EQUIVALENCE TO A DEGREE - COMPARISON - METHOD

( STAFF REGULATIONS, ARTICLE 5, ANNEX III, ARTICLE 5 )

Summary

1 . THE SELECTION BOARD MUST SUPPORT WITH SUFFICIENTLY CLEAR REASONS THE RESULTS OF MATCHING THE QUALIFICATIONS OFFERED BY THE CANDIDATES AGAINST THE QUALIFICATIONS REQUIRED BY THE COMPETITION NOTICE .

2 . THE DIFFICULTY INHERENT IN A COMPARISON BETWEEN THE LEVEL OF EXPERIENCE OF A CANDIDATE AND THE LEVEL CORRESPONDING TO COMPLETED STUDIES CANNOT JUSTIFY THE LACK OF ANY ATTEMPT TO MAKE A MORE PRECISE ANALYSIS NOR THE LACK OF ANY ADDITIONAL CRITERION OF SELECTION .
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1 . OFFICIALS - RECRUITMENT - PROMOTION - TRANSFER - SEVERAL ELIGIBLE CANDIDATES - INTERNAL COMPETITION - IMMEDIATE ORGANIZATION - PERMITTED

( STAFF REGULATIONS, ARTICLE 29 )

2 . OFFICIALS - RECRUITMENT - ASSISTANT TO AN OFFICIAL - RIGHT OF SUCCESSION - NON-EXISTENT

( STAFF REGULATIONS, ARTICLE 29 )

3 . OFFICIALS - RECRUITMENT - POST - POST RESERVED FOR NATIONALS OF A SPECIFIC MEMBER STATE - PROHIBITION - SPECIFIC ABILITIES - REQUIRED IN THE INTERESTS OF THE SERVICE - PERMITTED

( STAFF REGULATIONS, ARTICLE 27 )

4 . OFFICIALS - RECRUITMENT - CONDITIONS - THROUGH KNOWLEDGE OF LANGUAGE - LEVEL OF KNOWLEDGE REQUIRED

( STAFF REGULATIONS, ARTICLE 27 )

Summary

1 . THE EXISTENCE OF SEVERAL PERSONS ELIGIBLE FOR PROMOTION OR TRANSFER MAY LEAD THE APPOINTING AUTHORITY TO THE CONCLUSION THAT THE INTERESTS OF THE SERVICE AND THE IMPARTIALITY OF RECRUITMENT RENDER AN INTERNAL COMPETITION DESIRABLE .

2 . BOTH THE INTERESTS OF THE SERVICE AND THE RIGHTS OF OTHER OFFICIALS MILITATE AGAINST ATTRIBUTING TO THE ASSISTANT OF AN OFFICIAL WHOSE POST BECOMES VACANT THE RIGHT TO SUCCEED HIM WHEREVER IT APPEARS FROM HIS FILE THAT HE HAS THE QUALIFICATIONS NECESSARY TO FILL THAT POST .

3 . WHILST THE STAFF REGULATIONS PROHIBIT THE RESERVING OF POSTS FOR NATIONALS OF ANY SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY NEVERTHELESS MAKE ITS SELECTION, WHEN RECRUITING AN OFFICIAL, DEPENDENT UPON SPECIFIC ABILITIES REQUIRED IN THE INTERESTS OF THE SERVICE .

4 . WHERE A 'THOROUGH' KNOWLEDGE OF A LANGUAGE, OTHER THAN THAT OF THE MOTHER TONGUE, IS REQUIRED IN RESPECT OF A POSSIBLE APPOINTMENT, THE LEVEL OF KNOWLEDGE REQUIRED MUST BE ONE APPROPRIATE TO THE ACTUAL REQUIREMENTS OF THE SERVICE .
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - BENEFIT GRANTED ON THE BASIS OF NATIONAL LEGISLATION ALONE - ALTERATION IN CASE OF FULFILMENT OF THE CONDITIONS FOR THE GRANT OF BENEFITS OBTAINED THROUGH THE LEGISLATION OF ANOTHER MEMBER STATE

( ARTICLE 28 ( 1 ) ( F ) AND ( G ) OF REGULATION NO 3 OF THE COUNCIL ; ARTICLE 49 OF REGULATION NO 1408/71 OF THE COUNCIL )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - INVALIDITY INSURANCE - BENEFITS - CLAIM - LODGING - PROCEDURE

( ARTICLE 30 OF REGULATION NO 4 OF THE COUNCIL ; ARTICLE 36 ( 1 ) OF REGULATION NO 574/72 OF THE COUNCIL )

Summary

1 . ARTICLE 28 ( 1 ) ( F ) AND ( G ) OF REGULATION NO 3 , SUBJECT TO THE COMPATIBILITY OF SUBPARAGRAPH ( G ) WITH ARTICLE 51 OF THE TREATY , AS WELL AS ARTICLE 49 OF REGULATION NO 1408/71 , REFER EX- CLUSIVELY TO A POSSIBLE ALTERATION OF A BENEFIT GRANTED IN ONE MEMBER STATE ON THE BASIS OF NATIONAL LEGISLATION ALONE , IN A CASE WHERE THE CONDITIONS FOR THE GRANT OF BENEFITS OBTAINED THROUGH THE LEGISLATION OF ANOTHER MEMBER STATE IN WHICH THE PERSON CONCERNED HAS COMPLETED PERIODS ARE SATISFIED LATER . THESE PROVISIONS DO NOT THEREFORE CONCERN THE CALCULATION OR THE CONDITIONS FOR THE GRANT OF THESE LATER BENEFITS .

2 . WHEN A MIGRANT WORKER HAS MADE A CLAIM FOR INVALIDITY BENEFIT TO THE INSTITUTION OF THE PLACE OF HIS PERMANENT RESIDENCE AND IN AC- CORDANCE WITH THE PROCEDURE SPECIFIED BY THE LEGISLATION OF THE SAID PLACE , AS PRESCRIBED BY ARTICLE 30 ( 1 ) OF REGULATION NO 4 , OR SPECIFIED BY THE LEGISLATION APPLIED BY THAT INSTITUTION , AS IS PRESCRIBED BY ARTICLE 36 ( 1 ) OF REGULATION NO 574/72 , THERE IS NO NEED TO MAKE A NEW CLAIM IN ANOTHER MEMBER STATE EVEN IF , AT THE TIME OF THE MAKING OF HIS CLAIM HE DID NOT YET SATISFY ALL THE FUNDAMENTAL CONDITIONS REQUIRED BY THE LEGISLATION OF THE SECOND STATE FOR A GRANT OF THE BENEFIT .
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1 . MEASURES ADOPTED BY THE INSTITUTIONS - METHODS OF INTERPRETATION

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - SUGAR - QUOTA SYSTEM - CALCULATION WITHIN THE MEANING OF ARTICLE 1 ( 1 ) OF REGULATION NO 142/69 OF THE COMMISSION - CRITERIA

Summary

1 . ALTHOUGH ARTICLE 1 ( 2 ) OF REGULATION NO 142/69 OF THE COMMISSION DOES NOT EXPRESSLY MENTION SUGAR SWEEPINGS , BOTH LOGIC AND EQUITY LEAD NEVERTHELESS TO THE CONCLUSION THAT THEY MUST BE DEDUCTED FROM THE PRODUCTION MENTIONED IN PARAGRAPH ( 1 ) OF THE ARTICLE .

2 . QUANTITIES OF WHITE SUGAR PRODUCED FROM SUGAR SWEEPINGS FROM A PREVIOUS SUGAR YEAR ARE TO BE EXCLUDED WHEN THE QUANTITY OF SUGAR REFERRED TO IN ARTICLE 1 ( 1 ) OF REGULATION NO 142/69 OF THE COMMISSION IS BEING CALCULATED .

FOR THIS PURPOSE SUGAR SWEEPINGS FROM A PREVIOUS SUGAR YEAR ARE TO BE EXPRESSED AS WHITE SUGAR IN PROPORTION TO THE SUCROSE CONTENT .
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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS .

( EEC TREATY , ARTICLE 177 )

2 . TAXATION - LEGISLATION OF THE MEMBER STATES - HARMONIZATION - TURNOVER TAX - VALUE-ADDED TAX - CHARGEABLE EVENT - OCCURRENCE - MOMENT

( SECOND COUNCIL DIRECTIVE OF 11 APRIL 1967 , ARTICLE 6 ( 4 ) ON THE HARMONIZATION OF LEGISLATION )

Summary

1 . UNDER ARTICLE 177 , THE COURT OF JUSTICE HAS JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING THE INTERPRETATION OF ACTS OF THE INS- TITUTIONS OF THE COMMUNITY , REGARDLESS OF WHETHER THEY ARE DIRECTLY APPLICABLE .

IT IS NOT FOR THE COURT TO APPRAISE THE RELEVANCE OF QUESTIONS REFERRED UNDER ARTICLE 177 , WHICH IS BASED ON A CLEAR SEPARATION OF JURISDICTIONS AND LEAVES TO THE NATIONAL COURTS THE TASK OF DECIDING WHETHER THE PROCEDURE OF A REFERENCE FOR A PRELIMINARY RULING IS HELPFUL FOR THE PURPOSES OF THE DECISION IN THE PROCEEDINGS PENDING BEFORE THEM .

2 . ARTICLE 6 ( 4 ) OF THE SECOND COUNCIL DIRECTIVE OF 11 APRIL 1967 CANNOT BE INTERPRETED AS PERMITTING THE MOMENT WHEN THE SERVICE IS PROVIDED TO BE IDENTIFIED WITH THAT WHEN THE INVOICE IS ISSUED OR A PAYMENT ON ACCOUNT IS MADE IF THESE TRANSACTIONS TAKE PLACE AFTER THE SERVICE HAS BEEN CARRIED OUT .
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1 . OFFICIALS - RECRUITMENT - COMPETITIONS ON THE BASIS OF TESTS - ORGANIZATION - PRINCIPLE OF EQUALITY - APPLICATION - CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 29 ( 1 ), ANNEX III , ARTICLES 1 AND 5 )

2 . OFFICIALS - RECRUITMENT - COMPETITIONS ON THE BASIS OF TESTS - ORGANIZATION - DATE - CERTAIN DATES IMPOSSIBLE FOR A CANDIDATE - RELIGIOUS REASONS - OBLIGATIONS ON THE PART OF THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 29 ( 1 ), ANNEX III , ARTICLES 1 AND 5 )

Summary

1 . WHEN A COMPETITION IS ON THE BASIS OF TESTS , THE PRINCIPLE OF EQUALITY NECESSITATES THAT THE TESTS SHALL BE ON THE SAME CONDITIONS FOR ALL CANDIDATES , AND IN THE CASE OF WRITTEN TESTS THE PRACTICAL DIFFICULTIES OF COMPARISON REQUIRE THAT THE WRITTEN TESTS FOR ALL CANDIDATES SHOULD BE THE SAME . IT IS THEREFORE OF GREAT IMPORTANCE THAT THE DATE OF THE WRITTEN TESTS SHOULD BE THE SAME FOR ALL CANDIDATES . THE INTEREST OF PARTICIPANTS NOT TO HAVE A DATE FIXED FOR A TEST WHICH IS UNSUITABLE MUST BE BALANCED AGAINST THIS NECESSITY .

2 . IF A CANDIDATE INFORMS THE APPOINTING AUTHORITY THAT RELIGIOUS REASONS MAKE CERTAIN DATES IMPOSSIBLE FOR HIM THE APPOINTING AUTHORITY SHOULD TAKE THIS INTO ACCOUNT IN FIXING THE DATE FOR WRITTEN TESTS , AND ENDEAVOUR TO AVOID SUCH DATES . ON THE OTHER HAND , IF THE CANDIDATE DOES NOT INFORM THE APPOINTING AUTHORITY IN GOOD TIME OF HIS DIFFICULTIES THE APPOINTING AUTHORITY WOULD BE JUSTIFIED IN REFUSING TO AFFORD AN ALTERNATIVE DATE , PARTICULARLY IF THERE ARE OTHER CANDIDATES WHO HAVE BEEN CONVOKED FOR THE TEST .
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1 . CONVENTION OF 27 SEPTEMBER 1968 - AREA OF APPLICATION - CIVIL AND COMMERCIAL MATTERS - INTERPRETATION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 1 )

2 . CONVENTION OF 27 SEPTEMBER 1968 - AREA OF APPLICATION - ACTION BETWEEN A PUBLIC AUTHORITY AND A PERSON GOVERNED BY PRIVATE LAW - EXERCISE OF THE POWERS OF THE PUBLIC AUTHORITY - JUDGMENT - EXCLUSION .

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 1 )

Summary

1 . IN THE INTERPRETATION OF THE CONCEPT ' CIVIL AND COMMERCIAL MATTERS ' FOR THE PURPOSES OF THE APPLICATION OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS , IN PARTICULAR TITLE III THEREOF , REFERENCE MUST BE MADE NOT TO THE LAW OF ONE OF THE STATES CONCERNED BUT , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO THE GENERAL PRINCIPLES WHICH STEM FROM THE CORPUS OF THE NATIONAL LEGAL SYSTEMS .

2 . ALTHOUGH CERTAIN JUDGMENTS GIVEN IN ACTIONS BETWEEN A PUBLIC AUTHORITY AND A PERSON GOVERNED BY PRIVATE LAW MAY FALL WITHIN THE AREA OF APPLICATION OF THE CONVENTION , THIS IS NOT SO WHERE THE PUBLIC AUTHORITY ACTS IN THE EXERCISE OF ITS POWERS . SUCH IS THE CASE IN A DISPUTE WHICH CONCERNS THE RECOVERY OF CHARGES PAYABLE BY A PERSON GOVERNED BY PRIVATE LAW TO A NATIONAL OR INTERNATIONAL BODY GOVERNED BY PUBLIC LAW FOR THE USE OF EQUIPMENT AND SERVICES PROVIDED BY SUCH BODY , IN PARTICULAR WHERE SUCH USE IS OBLIGATORY AND EXCLUSIVE . THIS APPLIES IN PARTICULAR WHERE THE RATE OF CHARGES , THE METHODS OF CALCULATION AND THE PROCEDURES FOR COLLECTION ARE FIXED UNILATERALLY IN RELATION TO THE USERS .
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1 . TAX PROVISIONS - INTERNAL TAXATION - CONCEPT - WIDE INTERPRETATION - INTERNATIONAL TRANSPORT OF GOODS BY ROAD - CHARGE - IMPOSITION ACCORDING TO THE DISTANCE COVERED ON THE NATIONAL TERRITORY AND THE WEIGHT OF THE GOODS IN QUESTION

( EEC TREATY , ARTICLE 95 )

2 . TAX PROVISIONS - INTERNAL TAXATION - IMPORTED PRODUCTS - CHARGES IN EXCESS OF THOSE IMPOSED ON SIMILAR NATIONAL PRODUCTS - CONCEPT

( EEC TREATY , ARTICLE 95 )

3 . TAX PROVISIONS - INTERNAL TAXATION - GOODS MOVING WITHIN THE NATIONAL TERRITORY - IMPORTED GOODS - CHARGES - COMPARISON - CRITERIA - POWERS OF THE NATIONAL JUDGE

( EEC TREATY , ARTICLE 95 )

4 . TAX PROVISIONS - INTERNAL TAXATION - IMPORTED GOODS - DISCRIMINATION - PROHIBITION - APPLICATION

( EEC TREATY , ARTICLE 95 )

Summary

1 . AS THE CONCEPT OF INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE EEC TREATY MUST BE GIVEN A WIDE INTERPRETATION , TAXATION ' IMPOSED INDIRECTLY ON PRODUCTS ' MUST BE INTERPRETED AS ALSO INCLUDING A CHARGE IMPOSED ON INTERNATIONAL TRANSPORT OF GOODS BY ROAD ACCORDING TO THE DISTANCE COVERED ON THE NATIONAL TERRITORY AND THE WEIGHT OF THE GOODS IN QUESTION .

2 . ARTICLE 95 IS INTENDED TO ENSURE THAT THE APPLICATION OF INTERNAL TAXATION IN ONE MEMBER STATE DOES NOT HAVE THE EFFECT OF IMPOSING ON PRODUCTS ORIGINATING IN OTHER MEMBER STATES TAXATION IN EXCESS OF THAT IMPOSED ON SIMILAR DOMESTIC PRODUCTS AND IT IS THEREFORE IRRELEVANT THAT THE TAXATION IS ALSO IMPOSED ON THE SAME CONDITIONS ON NATIONAL PRODUCTS WHICH ARE EXPORTED AND ON IMPORTED PRODUCTS .

3 . IN ORDER TO COMPARE THE TAX ON GOODS MOVING WITHIN THE NATIONAL TERRITORY WITH THAT ON THE IMPORTED PRODUCT FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 95 , ACCOUNT MUST BE TAKEN OF BOTH THE BASIS OF ASSESSMENT OF THE TAX AND THE ADVANTAGES OR EXEMPTIONS WHICH EACH TAX CARRIES WITH IT . IT IS FOR THE NATIONAL JUDGE TO COMPARE IN SPECIFIC CASES THE SITUATIONS WHICH MAY ARISE .

4 . THE MINOR AND INCIDENTAL NATURE OF THE OBSTACLE CREATED BY A NATIONAL TAX AND THE FACT THAT IT COULD ONLY HAVE BEEN AVOIDED IN PRACTICE BY ABOLISHING THE TAX ARE NOT SUFFICIENT TO PREVENT ARTICLE 95 FROM BEING APPLICABLE .
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1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . TRADE - GOODS - ORIGIN - DETERMINATION - CRITERIA

( REGULATION NO 802/68 OF THE COUNCIL )

3 . TRADE - GOODS - ORIGIN - DETERMINATION - SEVERAL COUNTRIES CONCERNED IN PRODUCTION - BASIC PRODUCT - SUBSTANTIAL PROCESS - CONCEPT

( REGULATION NO 802/68 OF THE COUNCIL , ARTICLE 5 )

4 . TRADE - GOODS - ORIGIN - DETERMINATION - SEVERAL COUNTRIES CONCERNED IN PRODUCTION - BASIC PRODUCT - CLEANING AND GRINDING - SUBSTANTIAL PROCESS - NOT INVOLVED

( REGULATION NO 802/68 OF THE COUNCIL , ARTICLE 5 )

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE EEC TREATY TO APPLY THE PROVISIONS OF COMMUNITY LAW TO ACTUAL CASES , IT MAY NEVERTHELESS FURNISH THE NATIONAL COURT WITH THE INTERPRETATIVE CRITERIA NECESSARY TO ENABLE IT TO DISPOSE OF THE DISPUTE .

2 . IN ORDER TO MEET THE PURPOSES AND REQUIREMENTS OF REGULATION NO 802/68 , THE DETERMINATION OF THE ORIGIN OF GOODS MUST BE BASED ON A REAL AND OBJECTIVE DISTINCTION BETWEEN RAW MATERIAL AND PROCESSED PRODUCT , DEPENDING FUNDAMENTALLY ON THE SPECIFIC MATERIAL QUALITIES OF EACH OF THOSE PRODUCTS .

3 . THE LAST PROCESS OR OPERATION REFERRED TO IN ARTICLE 5 OF THE REGULATION IS ONLY ' SUBSTANTIAL ' FOR THE PURPOSES OF THAT PROVISION IF THE PRODUCT RESULTING THEREFROM HAS ITS OWN PROPERTIES AND A COMPOSITION OF ITS OWN , WHICH IT DID NOT POSSESS BEFORE THAT PROCESS OR OPERATION . ACTIVITIES AFFECTING THE PRESENTATION OF THE PRODUCT FOR THE PURPOSES OF ITS USE , BUT WHICH DO NOT BRING ABOUT A SIGNIFICANT QUALITATIVE CHANGE IN ITS PROPERTIES , ARE NOT OF SUCH A NATURE AS TO DETERMINE THE ORIGIN OF THE SAID PRODUCT .

4 . THE CLEANING AND GRINDING OF A RAW MATERIAL TOGETHER WITH THE GRADING AND PACKAGING OF THE PRODUCT OBTAINED DO NOT CONSTITUTE A SUBSTANTIAL PROCESS OR OPERATION FOR THE PURPOSES OF ARTICLE 5 OF REGULATION NO 802/68 AND DO NOT CONFER A COMMUNITY ORIGIN ON THE SAID PRODUCT ACCORDING TO THAT REGULATION .
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SOCIAL SECURITY FOR MIGRANT WORKERS - WORK PERFORMED IN ANOTHER MEMBER STATE - PAYMENT OF CONTRIBUTIONS ON REMUNERATION REQUIRED BY THE STATE OF RESIDENCE - NOT PERMISSIBLE

( REGULATION NO 3 OF THE COUNCIL , ARTICLE 12 , REGULATION NO 1408/71 OF THE COUNCIL , ARTICLE 13 )

Summary

BOTH ARTICLE 12 OF REGULATION NO 3 AND ARTICLE 13 OF REGULATION NO 1408/71 PREVENT THE STATE OF RESIDENCE FROM REQUIRING PAYMENT , UNDER ITS SOCIAL LEGISLATION , OF CONTRIBUTIONS ON THE REMUNERATION RECEIVED BY A WORKER IN RESPECT OF WORK PERFORMED IN ANOTHER MEMBER STATE AND THEREFORE SUBJECT TO THE SOCIAL LEGISLATION OF THAT STATE .
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SOCIAL SECURITY FOR MIGRANT WORKERS - VOLUNTARY OR OPTIONAL CONTINUED INSURANCE WITHIN THE MEANING OF ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 - CONCEPT

Summary

THE EXPRESSION ' VOLUNTARY OR OPTIONAL CONTINUED INSURANCE ' APPEARING IN AR- TICLE 9 ( 2 ) OF REGULATION NO 1408/71 COVERS ASSIMILATION TO PERIODS OF EMPLOYMENT FOR THE PURPOSES OF INSURANCE FOR PERIODS OF STUDY WHETHER THERE IS ANY CONTINUANCE OF EXISTING INSURANCE OR NOT .