larimo/cjeu-paragraph-retrieval huggingface dataset:
Chemial Farmaceutici SpA v DAF SpA.
Date: 1981-01-14
18 WHERE , BY REASON OF THE TAXATION OF SYNTHETIC ALCOHOL , IT HAS BEEN IMPOSSIBLE TO DEVELOP PROFITABLE PRODUCTION OF THAT TYPE OF ALCOHOL ON NATIONAL TERRITORY , THE APPLICATION OF SUCH TAX ARRANGEMENTS CANNOT BE CONSIDERED AS CONSTITUTING INDIRECT PROTECTION OF NATIONAL PRODUCTION OF ALCOHOL OBTAINED BY FERMENTATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 95 ON THE SOLE GROUND THAT THEIR CONSEQUENCE IS THAT THE PRODUCT SUBJECT TO THE HEAVIER TAXATION IS IN FACT A PRODUCT WHICH IS EXCLUSIVELY IMPORTED FROM OTHER MEMBER STATES OF THE COMMUNITY .
Federal Republic of Germany v Commission of the European Communities.
Date: 1981-01-14
9 IN ORDER TO ENSURE EFFECTIVE SUPERVISION OF THE PROPER CONDUCT OF DENATURING OPERATIONS AND TO PREVENT THE SAME PRODUCT FROM BENEFITING MORE THAN ONCE FROM THE AID , REGULATION NO 990/72 PROVIDES FOR ON-THE-SPOT CHECKS ON DENATURING UNDERTAKINGS . IN ORDER TO ENABLE DENATURING TO BE SUPERVISED ON THE PREMISES , ARTICLE 3 ( 2 ) OF THE REGULATION REQUIRES UNDERTAKINGS CARRYING OUT DENATURING TO GIVE CERTAIN INFORMATION TO THE COMPETENT NATIONAL AGENCY BEFORE PROCEEDINGS WITH THE DENATURING . WHEN ARTICLE 10 OF THE REGULATION     PROVIDES THAT MEMBER STATES SHALL TAKE ALL MEASURES ' ' NECESSARY TO ENSURE THAT THE PROVISIONS LAID DOWN IN THIS REGULATION ARE COMPLIED WITH ' ' , IT REFERS TO COMPLIANCE WITH ALL THE PROVISIONS OF THE REGULATION , INCLUDING ARTICLE 3 .
10 IN THESE CIRCUMSTANCES IT IS NOT NECESSARY TO CONSIDER THE SOUNDNESS OF THE GERMAN GOVERNMENT ' S ARGUMENT THAT THE SUPERVISION SYSTEM SET UP IN THE FEDERAL REPUBLIC IS MORE EFFECTIVE THAN THAT PROVIDED FOR IN ARTICLE 3 OF REGULATION NO 990/72 . IN FACT , THE PROVISIONS OF COMMUNITY REGULATIONS MUST BE UNIFORMLY APPLIED IN ALL THE MEMBER STATES AND HAVE , SO FAR AS POSSIBLE , THE SAME EFFECT THROUGHOUT THE TERRITORY OF THE COMMUNITY . THE POSITION IS NO DIFFERENT WHERE A REGULATION LAYS DOWN SPECIFIC MEASURES OF SUPERVISION BUT LEAVES TO MEMBER STATES THE TASK OF ENSURING THEIR OBSERVANCE BY APPROPRIATE ADMINISTRATIVE MEASURES .
21 IN THESE CIRCUMSTANCES , AND IN THE PARTICULAR CONTEXT OF THE MAKING OF DECISIONS RELATING TO THE CLEARANCE OF ACCOUNTS , THE CONTESTED DECISION MUST BE HELD TO CONTAIN A SUFFICIENT STATEMENT OF THE REASONS UPON WHICH IT WAS BASED .
Dansk Supermarked A/S v A/S Imerco.
Date: 1981-01-22
11 IN THIS MATTER IT IS SUFFICIENT TO REFER TO THE SETTLED CASE-LAW OF THE COURT AS IT HAS BEEN SET OUT IN PARTICULAR IN THE JUDGMENT OF 22 JUNE 1976 ( TERRAPIN ( OVERSEAS ) LTD , CASE 119/75 ( 1976 ) ECR 1039 ). IT MAY BE RECALLED THAT THE EFFECT OF THE PROVISIONS OF THE TREATY ON THE FREE MOVEMENT OF GOODS AND IN PARTICULAR OF ARTICLE 39 , IS TO PROHIBIT BETWEEN MEMBER STATES QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT . HOWEVER , ACCORDING TO ARTICLE 36 THAT PROVISION DOES NOT PRECLUDE PROHIBITIONS OR RESTRICTIONS ON IMPORTS JUSTIFIED ON GROUNDS OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY . NEVERTHELESS IT IS CLEAR FROM THAT ARTICLE , IN PARTICULAR THE SECOND SENTENCE , AS WELL AS FROM THE CONTEXT , THAT WHILST THE TREATY DOES NOT AFFECT THE EXISTENCE OF RIGHTS RECOGNIZED BY THE LEGISLATION OF A MEMBER STATE IN MATTERS OF INDUSTRIAL AND COMMERCIAL PROPERTY , YET THE EXERCISE OF THOSE RIGHTS MAY NONE THE LESS , DEPENDING ON THE CIRCUMSTANCES , BE RESTRICTED BY THE PROHIBITIONS OF THE TREATY . INASMUCH AS IT PROVIDES AN EXCEPTION TO ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET , ARTICLE 36 IN FACT ADMITS EXCEPTIONS TO THE FREE MOVEMENT OF GOODS ONLY TO THE EXTENT TO WHICH SUCH EXCEPTIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT-MATTER OF THAT PROPERTY . THE EXCLUSIVE RIGHT GUARANTEED BY THE LEGISLATION ON INDUSTRIAL AND COMMERCIAL PROPERTY IS EXHAUSTED WHEN A PRODUCT HAS BEEN LAWFULLY DISTRIBUTED ON THE MARKET IN ANOTHER MEMBER STATE BY THE ACTUAL PROPRIETOR OF THE RIGHT OR WITH HIS CONSENT .
Tamara Vigier v Bundesversicherungsanstalt für Angestellte.
Date: 1981-01-27
15 WHILST IT IS TRUE THAT THE REPARATION LAW IS NOT INCLUDED IN THE DECLARATION MADE BY THE FEDERAL REPUBLIC OF GERMANY PURSUANT TO ARTICLE 5 OF REGULATION NO 1408/71 ( LEGISLATION AND SCHEMES REFERRED TO IN ARTICLE 4 ( 1 ), TO WHICH THE REGULATION APPLIES ), THAT CIRCUMSTANCE IS NOT DECISIVE . THE FACT THAT A DOMESTIC LAW IS NOT MENTIONED IN THE DECLARATION MADE BY A MEMBER STATE DOES NOT MEAN THAT THAT LAW MUST BE DEEMED TO LIE OUTSIDE THE SCOPE OF THE REGULATION .
19 ACCORDING TO THE CASE-LAW OF THE COURT , IN PARTICULAR ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN ( 1980 ) ECR 1445 , WHERE NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME CONDITIONAL ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME , REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH MUST HAVE BEEN COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .
20 CONSEQUENTLY , THE REPLY TO THE SECOND QUESTION SHOULD BE THAT ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 MUST BE CONSTRUED AS MEANING THAT IT DOES NOT REQUIRE A SOCIAL INSURANCE INSTITUTION OF A MEMBER STATE TO TAKE INTO ACCOUNT PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE WHEN THE WORKER CONCERNED HAS NEVER PAID , IN THE FIRST MEMBER STATE , THE CONTRIBUTION REQUIRED BY LAW IN ORDER TO CREATE HIS STATUS AS AN INSURED PERSON UNDER THE LEGISLATION OF THAT MEMBER STATE .
Commission of the European Communities v French Republic.
Date: 1981-02-03
12 WELL-ESTABLISHED CASE-LAW OF THE COURT IS TO THE EFFECT THAT THE PROHIBITION LAID DOWN BY ARTICLES 9 , 12 AND 13 OF THE TREATY IN REGARD TO CHARGES HAVING EQUIVALENT EFFECT COVERS ANY CHARGE EXACTED AT THE TIME OF OR ON ACCOUNT OF IMPORTATION WHICH , BEING BORNE SPECIFICALLY BY AN IMPORTED PRODUCT TO THE EXCLUSION OF THE SIMILAR DOMESTIC PRODUCT , HAS THE RESULT OF ALTERING THE COST PRICE OF THE IMPORTED PRODUCT THEREBY PRODUCING THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .
13 THE ESSENTIAL FEATURE OF A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WHICH DISTINGUISHES IT FROM AN INTERNAL TAX THEREFORE RESIDES IN THE FACT THAT THE FORMER IS BORNE SOLELY BY AN IMPORTED PRODUCT AS SUCH WHILST THE LATTER IS BORNE BOTH BY IMPORTED AND DOMESTIC PRODUCTS .
14 THE COURT HAS HOWEVER RECOGNIZED THAT EVEN A CHARGE WHICH IS BORNE BY A PRODUCT IMPORTED FROM ANOTHER MEMBER STATE , WHEN THERE IS NO IDENTICAL OR SIMILAR DOMESTIC PRODUCT , DOES NOT CONSTITUTE A CHARGE HAVING EQUIVALENT EFFECT BUT INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY IF IT RELATES TO A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY TO CATEGORIES OF PRODUCTS IN ACCORDANCE WITH OBJECTIVE CRITERIA IRRESPECTIVE OF THE ORIGIN OF THE PRODUCTS .
Mrs P v Commission of the European Communities.
Date: 1981-02-05
12 ACCORDING TO A GENERALLY ACCEPTED PRINCIPLE A LAW AMENDING A LEGISLATIVE PROVISION APPLIES , SAVE AS OTHERWISE PROVIDED , TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE PREVIOUS LAW . THUS THE AMENDMENT TO ARTICLE 27 OF ANNEX VIII , WHICH MOREOVER REFLECTS AN ALTERATION IN THE ATTITUDE OF THE LAW TOWARDS THE DIVORCED WIFE , MUST , SAVE AS OTHERWISE PROVIDED , APPLY FROM THE TIME OF ITS ENTRY INTO FORCE TO ALL DIVORCED WIVES OF DECEASED OFFICIALS .
Joszef Horvath v Hauptzollamt Hamburg-Jonas.
Date: 1981-02-05
10 IT SHOULD NEXT BE REMEMBERED THAT A PRODUCT SUCH AS HEROIN IS NOT SEIZED AND DESTROYED ONLY BECAUSE THE IMPORTER HAS NOT COMPLIED WITH CUSTOMS FORMALITIES BUT PRIMARILY BECAUSE IT IS A NARCOTIC WHOSE HARMFULNESS IS RECOGNIZED AND WHOSE IMPORTATION AND MARKETING IS PROHIBITED IN ALL THE MEMBER STATES EXCEPT IN TRADE WHICH IS STRICTLY CONTROLLED AND LIMITED TO AUTHORIZED USE FOR PHARMACEUTICAL AND MEDICAL PURPOSES .
15 IT FOLLOWS FROM THE FOREGOING THAT THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF NO LONGER LEAVES A MEMBER STATE THE POWER TO APPLY CUSTOMS DUTIES TO DRUGS WHICH HAVE BEEN SMUGGLED IN AND DESTROYED AS SOON AS THEY WERE DISCOVERED BUT DOES LEAVE IT FULL FREEDOM TO TAKE CRIMINAL PROCEEDINGS IN RESPECT OF OFFENCES COMMITTED , WITH ALL THE ATTENDANT CONSEQUENCES , INCLUDING FINES .
Staatssecretaris van Financiën v Association coopérative "Coöperatieve Aardappelenbewaarplaats GA".
Date: 1981-02-05
12 SO A PROVISION OF SERVICES IS TAXABLE , WITHIN THE MEANING OF THE SECOND DIRECTIVE , WHEN THE SERVICE IS PROVIDED AGAINST PAYMENT AND THE BASIS OF ASSESSMENT FOR SUCH A SERVICE IS EVERYTHING WHICH MAKES UP THE CONSIDERATION FOR THE SERVICE ; THERE MUST THEREFORE BE A DIRECT LINK BETWEEN THE SERVICE PROVIDED AND THE CONSIDERATION RECEIVED WHICH DOES NOT OCCUR IN A CASE WHERE THE CONSIDERATION CONSISTS OF AN UNASCERTAINED REDUCTION IN THE VALUE OF THE SHARES POSSESSED BY THE MEMBERS OF THE COOPERATIVE AND SUCH A LOSS OF VALUE MAY NOT BE REGARDED AS A PAYMENT RECEIVED BY THE COOPERATIVE PROVIDING THE SERVICES .
13 WHAT IS MORE IT FOLLOWS FROM THE USE OF THE EXPRESSIONS ' ' AGAINST PAYMENT ' '  AND ' ' EVERYTHING RECEIVED IN RETURN ' '  FIRST THAT THE CONSIDERATION FOR THE PROVISION OF A SERVICE MUST BE CAPABLE OF BEING EXPRESSED IN MONEY , WHICH IS FURTHER CONFIRMED BY ARTICLE 9 OF THE SECOND DIRECTIVE WHICH STIPULATES THAT ' ' THE STANDARD RATE OF VALUE-ADDED TAX SHALL BE FIXED . . . AT A PERCENTAGE OF THE BASIS OF ASSESSMENT ' ' , THAT IS TO SAY AT A CERTAIN PROPORTION OF THAT WHICH CONSTITUTES THE CONSIDERATION FOR THE PROVISION OF SERVICES , WHICH IMPLIES THAT SUCH CONSIDERATION IS CAPABLE OF BEING EXPRESSED IN AN AMOUNT ASSESSED IN MONEY ; SECONDLY THAT SUCH CONSIDERATION IS 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 .
Mirtia Schiavo v Council of the European Communities.
Date: 1981-02-19
16 IT MAY ALSO BE NOTED THAT THE COURT , IN ITS ABOVE-MENTIONED JUDGMENT IN THE GRASSI CASE , HAS ALREADY MADE IT CLEAR THAT IN SUCH A SITUATION IT IS NOT A CONDITION OF INSTITUTING PROCEEDINGS BEFORE THE COURT THAT A PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS SHOULD HAVE BEEN LODGED :
' ' ACTION AGAINST THE PERIODIC REPORT LIES AS FROM THE DATE ON WHICH THAT REPORT MAY BE REGARDED AS FINAL AND . . . IT IS NOT POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A COMPLAINT UNDER ARTICLE 90 ' ' .

THE APPLICANT SHOULD THUS HAVE BROUGHT THE MATTER DIRECTLY BEFORE THE COURT WITHIN THE PERIOD OF THREE MONTHS LAID DOWN IN ARTICLE 91 OF THE STAFF REGULATIONS , THAT IS , BEFORE 19 MARCH 1979 , WHEREAS HER APPLICATION WAS LODGED ON 3 AUGUST 1979 .
Kurt Beeck v Bundesanstalt für Arbeit.
Date: 1981-02-19
7 THEREFORE , FOR ARTICLE 73 ( 1 ) TO APPLY , IT IS SUFFICIENT FOR THE WORKER TO BE EMPLOYED ON THE TERRITORY OF A MEMBER STATE WHILST THE MEMBERS OF THE WORKER ' S FAMILY RESIDE ON THE TERRITORY OF ANOTHER MEMBER STATE . THAT PROVISION GOES TOGETHER WITH THE RULE LAID DOWN IN ARTICLE 13 ( 2 ) ( A ) OF THE SAME REGULATION WHICH STATES THAT A WORKER EMPLOYED IN THE TERRITORY OF ONE MEMBER STATE SHALL BE SUBJECT TO THE LEGISLATION OF THAT STATE EVEN IF HE RESIDES IN THE TERRITORY OF ANOTHER MEMBER STATE . THAT ARRANGEMENT STEMS FROM THE OBJECTIVE OF REGULATION NO 1408/71 , WHICH IS TO GUARANTEE ALL WORKERS WHO ARE NATIONALS OF THE MEMBER STATES AND WHO MOVE WITHIN THE COMMUNITY EQUALITY OF TREATMENT IN REGARD TO THE DIFFERENT NATIONAL LAWS AND THE ENJOYMENT OF SOCIAL SECURITY BENEFITS IRRESPECTIVE OF THE PLACE OF THEIR EMPLOYMENT OR OF THEIR RESIDENCE , AND IT MUST BE INTERPRETED UNIFORMLY IN ALL MEMBER STATES REGARDLESS OF THE ARRANGEMENTS MADE BY NATIONAL LAWS ON THE ACQUISITION OF ENTITLEMENT TO FAMILY BENEFITS .
8 THE ANSWER TO THE FIRST TWO QUESTIONS FROM THE SOZIALGERICHT SCHLESWIG SHOULD THEREFORE BE THAT BY VIRTUE OF ARTICLES 73 AND 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 TAKEN TOGETHER A FRONTIER WORKER RESIDING WITH HIS WIFE AND CHILDREN IN A MEMBER STATE OTHER THAN THE STATE OF EMPLOYMENT ACQUIRES AN ENTITLEMENT UNDER COMMUNITY LAW TO FAMILY ALLOWANCES IN THE LATTER STATE .
12 THAT RULE AGAINST OVERLAPPING BENEFITS , UNDER WHICH PRIORITY IS GIVEN TO ENTITLEMENT TO BENEFITS PAYABLE IN THE COUNTRY OF RESIDENCE OF THE CHILD , APPLIES IN A CASE SUCH AS THE ONE DESCRIBED BY THE NATIONAL COURT IN WHICH THERE IS AN OVERLAPPING OF COMPARABLE BENEFITS . THE CONCLUSION MUST THEREFORE BE DRAWN THAT ENTITLEMENT TO FAMILY ALLOWANCES PAYABLE BY VIRTUE OF ARTICLE 73 IS SUSPENDED IN THE STATE OF EMPLOYMENT OF THE FRONTIER WORKER IN VIEW OF THE ENTITLEMENT ACQUIRED BY HIS SPOUSE IN THE STATE OF RESIDENCE THE COST OF WHICH IS BORNE BY THAT STATE . HOWEVER , UNDER WELL-ESTABLISHED CASE-LAW BASED ON THE FUNDAMENTAL PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS AND THE OBJECTIVE OF ARTICLE 51 OF THE EEC TREATY , A RULE DESIGNED TO PREVENT THE OVERLAPPING OF FAMILY ALLOWANCES IS APPLICABLE ONLY TO THE EXTENT TO WHICH IT DOES NOT , WITHOUT CAUSE , DEPRIVE THOSE CONCERNED OF AN ENTITLEMENT TO BENEFITS CONFERRED ON THEM BY THE LEGISLATION OF A MEMBER STATE . ACCORDINGLY , WHERE THE AMOUNT OF THE ALLOWANCES THE PAYMENT OF WHICH IS SUSPENDED EXCEEDS THAT OF THE ALLOWANCES RECEIVED BY VIRTUE OF THE PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY THE RULE ON OVERLAPPING BENEFITS CONTAINED IN ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 AS AMENDED SHOULD BE APPLIED ONLY IN PART AND THE DIFFERENCE BETWEEN THOSE AMOUNTS SHOULD BE GRANTED AS A SUPPLEMENT .
Criminal proceedings against Fabriek voor Hoogwaardige Voedingsprodukten Kelderman BV.
Date: 1981-02-19
7 THE EXTENSION TO IMPORTED PRODUCTS OF A REQUIREMENT THAT THEY CONTAIN A SPECIFIC AMOUNT OF DRY MATTER MAY PREVENT BREAD ORIGINATING IN OTHER MEMBER STATES FROM BEING MARKETED IN THE STATE CONCERNED . IT MAY MAKE IT NECESSARY TO VARY THE METHOD OF MANUFACTURE ACCORDING TO THE PLACE WHERE THE BREAD IS TO BE SOLD AND THUS IMPEDE THE MOVEMENT OF BREAD LAWFULLY PRODUCED IN THE MEMBER STATE OF ORIGIN IF IDENTICAL MANUFACTURING STANDARDS ARE NOT PRESCRIBED IN THAT STATE .
Maria Grazia Carbognani and Marisa Coda Zabetta v Commission of the European Communities.
Date: 1981-02-24
19 WITHIN THE GENERAL SCHEME OF THE STAFF REGULATIONS THERE IS A TRANSFER IN THE STRICT SENSE OF THE TERM ONLY WHEN AN OFFICIAL IS TRANSFERRED TO A VACANT POST . IT FOLLOWS THAT ANY TRANSFER , PROPERLY SO-CALLED , IS SUBJECT TO THE FORMALITIES PRESCRIBED BY ARTICLES 4 AND 29 OF THE STAFF REGULATIONS . HOWEVER , THOSE FORMALITIES DO NOT APPLY WHEN AN OFFICIAL IS RE-ASSIGNED WITH HIS POST BECAUSE SUCH A TRANSFER DOES NOT GIVE RISE TO A VACANT POST .
20 AN ANALYSIS OF THE ACTS WHICH COMPRISE THE SUBJECT-MATTER OF THE ACTIONS REVEALS THAT , SINCE THE OFFICIALS ARE BEING TRANSFERRED TOGETHER WITH THEIR POSTS , THE DECISIONS WHICH WERE TAKEN WITH REGARD TO THE APPLICANTS DO NOT GIVE RISE TO A VACANCY AND DO NOT THEREFORE CONSTITUTE TRANSFERS WITHIN THE MEANING OF THE STAFF REGULATIONS . TO THAT EXTENT THE TERMINOLOGY EMPLOYED BY THE APPLICANTS AND , OCCASIONALLY , BY THE COMMISSION ITSELF , IS INAPPROPRIATE .
Firma A. Weigand v Schutzverband Deutscher Wein e.V.
Date: 1981-02-25
18 THOSE PROVISIONS SERVE THE SAME PURPOSE , NAMELY THE PREVENTION IN THE MARKETING OF WINE OF ALL PRACTICES WHICH ARE OF SUCH A NATURE AS TO CREATE FALSE APPEARANCES , IRRESPECTIVE OF WHETHER SUCH PRACTICES GIVE RISE IN THE MINDS OF THOSE ENGAGED IN THE TRADE OR OF CONSUMERS TO CONFUSION WITH EXISTING PRODUCTS OR THE ERRONEOUS IMPRESSION OF AN ORIGIN OR OF CHARACTERISTICS WHICH IN REALITY DO NOT EXIST .
Blanckaert & Willems PVBA v Luise Trost.
Date: 1981-03-18
11 FURTHERMORE , IN ITS JUDGMENT OF 22 NOVEMBER 1978 ( CASE 33/78 SOMAFER ( 1978 ) ECR 2183 ), THE COURT STATED THAT ' ' THE CONCEPT OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT IMPLIES A PLACE OF BUSINESS WHICH HAS THE APPEARANCE OF PERMANENCY , SUCH AS THE EXTENSION OF A PARENT BODY , HAS A MANAGEMENT AND IS MATERIALLY EQUIPPED TO NEGOTIATE BUSINESS WITH THIRD PARTIES SO THAT THE LATTER , ALTHOUGH KNOWING THAT THERE WILL IF NECESSARY BE A LEGAL LINK WITH THE     PARENT BODY , THE HEAD OFFICE OF WHICH IS ABROAD , DO NOT HAVE TO DEAL DIRECTLY WITH SUCH PARENT BODY BUT MAY TRANSACT BUSINESS AT THE PLACE OF BUSINESS CONSTITUTING THE EXTENSION ' ' .
12 FROM THE GROUNDS GIVEN IN THOSE TWO JUDGMENTS , AND ESPECIALLY FROM THE RULE THAT A ' ' BRANCH , AGENCY OR OTHER ESTABLISHMENT ' '  WITHIN THE MEANING OF ARTICLE 5 ( 5 ) MUST APPEAR TO THIRD PARTIES AS AN EASILY DISCERNIBLE EXTENSION OF THE PARENT BODY , IT IS CLEAR THAT THE DEPENDENCY ON THE DIRECTION AND CONTROL OF THAT PARENT BODY IS NOT ESTABLISHED WHEN THE REPRESENTATIVE OF THE PARENT BODY IS ' ' BASICALLY FREE TO ORGANIZE HIS OWN WORK AND HOURS OF WORK ' '  ( ARTICLE 84 ( 1 ), LAST SENTENCE , OF THE GERMAN COMMERCIAL CODE ) WITHOUT BEING SUBJECT TO INSTRUCTIONS FROM THE PARENT BODY IN THAT REGARD ; WHEN HE IS FREE TO REPRESENT AT THE SAME TIME SEVERAL RIVAL FIRMS PRODUCING OR MARKETING IDENTICAL OR SIMILAR PRODUCTS AND , LASTLY , WHEN HE DOES NOT EFFECTIVELY PARTICIPATE IN THE COMPLETION AND EXECUTION OF TRANSACTIONS BUT IS RESTRICTED IN PRINCIPLE TO TRANSMITTING ORDERS TO THE UNDERTAKING HE REPRESENTS . THOSE THREE FACTORS PRECLUDE A CONCERN HAVING ALL THOSE CHARACTERISTICS FROM BEING CONSIDERED AS THE PLACE OF BUSINESS HAVING THE APPEARANCE OF PERMANENCY AS AN EXTENSION OF THE PARENT BODY .
Coöperatieve Stremsel- en Kleurselfabriek v Commission of the European Communities.
Date: 1981-03-25
21 ACCORDING TO ARTICLE 42 OF THE EEC TREATY THE PROVISIONS OF THE CHAPTER RELATING TO RULES ON COMPETITION ARE TO APPLY TO PRODUCTION OF AND TRADE IN AGRICULTURAL PRODUCTS ONLY TO THE EXTENT DETERMINED BY THE COUNCIL . ARTICLE 38 ( 3 ) OF THE TREATY PROVIDES THAT THE PRODUCTS SUBJECT TO THE PROVISIONS OF ARTICLES 39 TO 46 ARE LISTED IN ANNEX II TO THE TREATY AND THAT THE COUNCIL COULD ADD OTHER PRODUCTS TO ANNEX II WITHIN TWO YEARS OF THE ENTRY INTO FORCE OF THE TREATY . IT WAS IN ACCORDANCE WITH THOSE PROVISIONS OF THE TREATY THAT THE SCOPE OF REGULATION NO 26/62 APPLYING CERTAIN RULES OF COMPETITION TO PRODUCTION OF AND TRADE IN AGRICULTURAL PRODUCTS WAS RESTRICTED BY     ARTICLE 1 THEREOF TO THE PRODUCTION OF AND TRADE IN THE PRODUCTS LISTED IN ANNEX II TO THE TREATY . THAT REGULATION MAY NOT THEREFORE BE APPLIED TO THE MANUFACTURE OF A PRODUCT WHICH DOES NOT COME UNDER ANNEX II EVEN IF IT IS A SUBSTANCE ANCILLARY TO THE PRODUCTION OF ANOTHER PRODUCT WHICH ITSELF COMES UNDER THAT ANNEX . IN ORDER FOR THE REGULATION TO BE APPLICABLE TO RENNET THAT PRODUCT MUST THEREFORE ITSELF COME UNDER ANNEX II TO THE TREATY . IT FOLLOWS THAT REGULATION NO 26/62 CAN HAVE NO APPLICATION IN THIS CASE AND THAT THE APPLICANT ' S FIFTH SUBMISSION MUST BE REJECTED .

THE OBSERVATIONS OF THE GOVERNMENT OF THE FRENCH REPUBLIC
Dr. Ritter GmbH & Co. v Oberfinanzdirektion Hamburg.
Date: 1981-03-26
9 THE CLASSIFICATION OF A PRODUCT AS A BEVERAGE WITHIN THE MEANING OF HEADING 22.02 CANNOT , MOREOVER , DEPEND ON THE BASIC INGREDIENTS USED . THE DISTINGUISHING CHARACTERISTIC IN THE TARIFF HEADING IN QUESTION IS THE FACT THAT THE PRODUCTS IN QUESTION ARE LIQUIDS AND ARE INTENDED FOR HUMAN CONSUMPTION . ALTHOUGH THE PRODUCT IN QUESTION IS MADE BASICALLY FROM YEAST , WHICH FALLS UNDER HEADING 21.06 , THE DECISIVE CHARACTERISTIC AS FAR AS CLASSIFICATION IN THE TARIFF IS CONCERNED IS ITS LIQUID STATE , CHIEFLY OBTAINED BY ADDING WATER , AND NOT THE BASIC INGREDIENT EMPLOYED .
J.P. Jenkins v Kingsgate (Clothing Productions) Ltd.
Date: 1981-03-31
10 THE ANSWER TO THE QUESTIONS THUS UNDERSTOOD IS THAT THE PURPOSE OF ARTICLE 119 IS TO ENSURE THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR MEN AND WOMEN FOR THE SAME WORK . THE DIFFERENCES IN PAY PROHIBITED BY THAT PROVISION ARE THEREFORE EXCLUSIVELY THOSE BASED ON THE DIFFERENCE OF THE SEX OF THE WORKERS . CONSEQUENTLY THE FACT THAT PART-TIME WORK IS PAID AT AN HOURLY RATE LOWER THAN PAY FOR FULL-TIME WORK DOES NOT AMOUNT PER SE TO DISCRIMINATION PROHIBITED BY ARTICLE 119 PROVIDED THAT THE HOURLY RATES ARE APPLIED TO WORKERS BELONGING TO EITHER CATEGORY WITHOUT DISTINCTION BASED ON SEX .
11 IF THERE IS NO SUCH DISTINCTION , THEREFORE , THE FACT THAT WORK PAID AT TIME RATES IS REMUNERATED AT AN HOURLY RATE WHICH VARIES ACCORDING TO THE NUMBER OF HOURS WORKED PER WEEK DOES NOT OFFEND AGAINST THE PRINCIPLE OF EQUAL PAY LAID DOWN IN ARTICLE 119 OF THE TREATY IN SO FAR AS THE DIFFERENCE IN PAY BETWEEN PART-TIME WORK AND FULL-TIME WORK IS ATTRIBUTABLE TO FACTORS WHICH ARE OBJECTIVELY JUSTIFIED AND ARE IN NO WAY RELATED TO ANY DISCRIMINATION BASED ON SEX .
14 WHERE THE HOURLY RATE OF PAY DIFFERS ACCORDING TO WHETHER THE WORK IS PART-TIME OR FULL-TIME IT IS FOR THE NATIONAL COURTS TO DECIDE IN EACH INDIVIDUAL CASE WHETHER , REGARD BEING HAD TO THE FACTS OF THE CASE , ITS HISTORY AND THE EMPLOYER ' S INTENTION , A PAY POLICY SUCH AS THAT WHICH IS AT ISSUE IN THE MAIN PROCEEDINGS ALTHOUGH REPRESENTED AS A DIFFERENCE BASED ON WEEKLY WORKING HOURS IS OR IS NOT IN REALITY DISCRIMINATION BASED ON THE SEX OF THE WORKER .
15 THE REPLY TO THE FIRST THREE QUESTIONS MUST THEREFORE BE THAT A DIFFERENCE IN PAY BETWEEN FULL-TIME WORKERS AND PART-TIME WORKERS DOES NOT AMOUNT TO DISCRIMINATION PROHIBITED BY ARTICLE 119 OF THE TREATY UNLESS IT IS IN REALITY MERELY AN INDIRECT WAY OF REDUCING THE LEVEL OF PAY OF PART-TIME WORKERS ON THE GROUND THAT THAT GROUP OF WORKERS IS COMPOSED EXCLUSIVELY OR PREDOMINANTLY OF WOMEN .

FOURTH QUESTION
17 AS THE COURT HAS STATED IN PREVIOUS DECISIONS ( JUDGMENT OF 8 APRIL 1976 IN CASE 43/75 , DEFRENNE ( 1976 ) ECR 455 ; JUDGMENT OF 27 MARCH 1980 IN CASE 129/79 , WENDY SMITH ( 1980 ) ECR 1275 AND JUDGMENT OF 11 MARCH 1981 IN CASE 69/80 , WORRINGHAM ), ARTICLE 119 OF THE TREATY APPLIES DIRECTLY TO ALL FORMS OF DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION , WITHOUT NATIONAL OR COMMUNITY MEASURES BEING REQUIRED TO DEFINE THEM WITH GREATER PRECISION IN ORDER TO PERMIT OF THEIR APPLICATION . AMONG THE FORMS OF DISCRIMI-  NATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED , THE COURT MENTIONED IN PARTICULAR CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , PUBLIC OR PRIVATE .
22 IT FOLLOWS , THEREFORE , THAT ARTICLE 1 OF COUNCIL DIRECTIVE 75/117/EEC WHICH IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY OUTLINED IN ARTICLE 119 OF THE TREATY IN NO WAY ALTERS THE CONTENT OR SCOPE OF THAT PRINCIPLE AS DEFINED IN THE TREATY .
NV United Foods and PVBA Aug. Van den Abeele v Belgian State.
Date: 1981-04-07
29 AS TO THE REQUIREMENT OF CONTROL ON THE IMPORTATION OF GOODS WHICH HAVE ALREADY UNDERGONE EQUIVALENT CONTROL IN THE COUNTRY OF DISPATCH , IT IS NECESSARY TO RECALL THAT IN ITS JUDGMENT OF 8 NOVEMBER 1979 ( CASE 251/78 DENKAVIT ( 1979 ) ECR 3395 ), THE COURT HELD THAT A DOUBLE-CHECK IN THE EXPORTING COUNTRY AND IN THE IMPORTING COUNTRY MAY , DEPENDING ON THE CIRCUMSTANCES , BE MORE THAN ARTICLE 36 OF THE TREATY PERMITS IF HEALTH REQUIREMENTS MAY BE SATISFIED AS EFFECTIVELY BY MEASURES WHICH ARE NOT SO RESTRICTIVE OF INTRA-COMMUNITY TRADE . SINCE IN THE PRESENT CASE , THE FISH HAS ALREADY UNDERGONE IN THE COUNTRY OF DISPATCH A HEALTH INSPECTION CARRIED OUT IN ACCORDANCE WITH THE RULES WHICH THE ACTUAL LEGISLATION OF THE COUNTRY OF DESTINATION PRESCRIBES , CONTROL ON IMPORTATION MUST IN ALL CASES BE LIMITED TO MEASURES DESIGNED TO COUNTER THE RISKS ARISING FROM TRANSPORTATION OR FROM ANY HANDLING FOLLOWING THE INSPECTION CARRIED OUT ON DISPATCH .