larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v French Republic.
Date: 1970-07-09
9 IT THUS APPEARS THAT THE ACTION WAS BROUGHT BY THE COMMISSION JUST AT A TIME WHEN THE FAILURE ALLEGED AGAINST THE DEFENDANT HAD VIRTUALLY CEASED THROUGH THE SUBSTITUTION FOR THE TREATMENT ON IMPORTATION IN FORCE IN THE FRENCH REPUBLIC OF THE TREATMENT PROVIDED FOR UNDER ARTICLE 5 OF ANNEX I TO THE ASSOCIATION AGREEMENT .
10 IN THESE CIRCUMSTANCES THE COURT, ALTHOUGH NOT IN A POSITION TO DETERMINE HOW FAR IT WAS EXPEDIENT FOR THE COMMISSION TO BRING THE ACTION UNDER ARTICLE 169, MUST CONSIDER WHETHER THE COMMISSION STILL HAS A SUFFICIENT LEGAL INTEREST .
11 EVEN BEFORE THE ACTION WAS BROUGHT THE COMMISSION' S ATTITUDE WAS SET OUT IN THE LETTER OF 1 AUGUST 1967 AND THE REASONED OPINION OF 3 MAY 1968 AND THE TIME-LIMIT LAID DOWN BY THIS OPINION EXPIRED AT A TIME WHEN THE FAILURE COMPLAINED OF WAS STILL CONTINUING .
13 FINALLY, IN VIEW OF THE IMPORTANCE OF THE PROBLEMS RAISED BY THE APPLICATION OF PROTOCOL I.7 FROM THE POINT OF VIEW BOTH OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND OF THE COMMON COMMERCIAL POLICY, THERE CAN BE NO DOUBT AS TO THE LEGAL INTEREST IN THE ACTION BROUGHT BY THE COMMISSION .
II - THE SUBSTANCE
Franz Grad v Finanzamt Traunstein.
Date: 1970-10-06
5 HOWEVER, ALTHOUGH IT IS TRUE THAT BY VIRTUE OF ARTICLE 189, REGULATIONS ARE DIRECTLY APPLICABLE AND THEREFORE BY VIRTUE OF THEIR NATURE CAPABLE OF PRODUCING DIRECT EFFECTS, IT DOES NOT FOLLOW FROM THIS THAT OTHER CATEGORIES OF LEGAL MEASURES MENTIONED IN THAT ARTICLE CAN NEVER PRODUCE SIMILAR EFFECTS . IN PARTICULAR, THE PROVISION ACCORDING TO WHICH DECISIONS ARE BINDING IN THEIR ENTIRETY ON THOSE TO WHOM THEY ARE ADDRESSED ENABLES THE QUESTION TO BE PUT WHETHER THE OBLIGATION CREATED BY THE DECISION CAN ONLY BE INVOKED BY THE COMMUNITY INSTITUTIONS AGAINST THE ADDRESSEE OR WHETHER SUCH A RIGHT MAY POSSIBLY BE EXERCISED BY ALL THOSE WHO HAVE AN INTEREST IN THE FULFILMENT OF THIS OBLIGATION . IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT ATTRIBUTED TO DECISIONS BY ARTICLE 189 TO EXCLUDE IN PRINCIPLE THE POSSIBILITY THAT PERSONS AFFECTED MAY INVOKE THE OBLIGATION IMPOSED BY A DECISION . PARTICULARLY IN CASES WHERE, FOR EXAMPLE, THE COMMUNITY AUTHORITIES BY MEANS OF A DECISION HAVE IMPOSED AN OBLIGATION ON A MEMBER STATE OR ALL THE MEMBER STATES TO ACT IN A CERTAIN WAY, THE EFFECTIVENES ( " L' EFFET UTILE " ) OF SUCH A MEASURE WOULD BE WEAKENED IF THE NATIONALS OF THAT STATE COULD NOT INVOKE IT IN THE COURTS AND THE NATIONAL COURTS COULD NOT TAKE IT INTO CONSIDERATION AS PART OF COMMUNITY LAW . ALTHOUGH THE EFFECTS OF A DECISION MAY NOT BE IDENTICAL WITH THOSE OF A PROVISION CONTAINED IN A REGULATION, THIS DIFFERENCE DOES NOT EXCLUDE THE POSSIBILITY THAT THE END RESULT, NAMELY THE RIGHT OF THE INDIVIDUAL TO INVOKE THE MEASURE BEFORE THE COURTS, MAY BE THE SAME AS THAT OF A DIRECTLY APPLICABLE PROVISION OF A REGULATION .
9 IT IS APPARENT FROM THE FILE SUBMITTED BY THE FINANZGERICHT THAT THE QUESTION RELATES IN PARTICULAR TO THE SECOND OBLIGATION . THE SECOND OBLIGATION IS BY ITS NATURE MANDATORY AND GENERAL, ALTHOUGH THE PROVISION LEAVES OPEN THE DETERMINATION OF THE DATE ON WHICH IT BECOMES EFFECTIVE . IT THUS EXPRESSLY PROHIBITS THE MEMBER STATES FROM APPLYING THE COMMON SYSTEM OF TURNOVER TAX CONCURRENTLY WITH SPECIFIC TAXES LEVIED INSTEAD OF TURNOVER TAXES . THIS OBLIGATION IS UNCONDITIONAL AND SUFFICIENTLY CLEAR AND PRECISE TO BE CAPABLE OF PRODUCING DIRECT EFFECTS IN THE LEGAL RELATIONSHIPS BETWEEN THE MEMBER STATES AND THOSE SUBJECT TO THEIR JURISDICTION .
Amedeo Chevalley v Commission of the European Communities.
Date: 1970-11-18
6 THE CONCEPT OF A MEASURE CAPABLE OF GIVING RISE TO AN ACTION IS IDENTICAL IN ARTICLES 173 AND 175, AS BOTH PROVISIONS MERELY PRESCRIBE ONE AND THE SAME METHOD OF RECOURSE .
Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1970-12-17
3 RECOURSE TO THE LEGAL RULES OR CONCEPTS OF NATIONAL LAW IN ORDER TO JUDGE THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY WOULD HAVE AN ADVERSE EFFECT ON THE UNIFORMITY AND EFFICACY OF COMMUNITY LAW . THE VALIDITY OF SUCH MEASURES CAN ONLY BE JUDGED IN THE LIGHT OF COMMUNITY LAW . IN FACT, THE LAW STEMMING FROM THE TREATY, AN INDEPENDENT SOURCE OF LAW, CANNOT BECAUSE OF ITS VERY NATURE BE OVERRIDDEN BY RULES OF NATIONAL LAW, HOWEVER FRAMED, WITHOUT BEING DEPRIVED OF ITS CHARACTER AS COMMUNITY LAW AND WITHOUT THE LEGAL BASIS OF THE COMMUNITY ITSELF BEING CALLED IN QUESTION . THEREFORE THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN A MEMBER STATE CANNOT BE AFFECTED BY ALLEGATIONS THAT IT RUNS COUNTER TO EITHER FUNDAMENTAL RIGHTS AS FORMULATED BY THE CONSTITUTION OF THAT STATE OR THE PRINCIPLES OF A NATIONAL CONSTITUTIONAL STRUCTURE .
23 THE CONCEPT OF FORCE MAJEURE ADOPTED BY THE AGRICULTURAL REGULATIONS TAKES INTO ACCOUNT THE PARTICULAR NATURE OF THE RELATIONSHIPS IN PUBLIC LAW BETWEEN TRADERS AND THE NATIONAL ADMINISTRATION, AS WELL AS THE OBJECTIVES OF THOSE REGULATIONS . IT FOLLOWS FROM THOSE OBJECTIVES AS WELL AS FROM THE POSITIVE PROVISIONS OF THE REGULATIONS IN QUESTION THAT THE CONCEPT OF FORCE MAJEURE IS NOT LIMITED TO ABSOLUTE IMPOSSIBILITY BUT MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL CIRCUMSTANCES, OUTSIDE THE CONTROL OF THE IMPORTER OR EXPORTER, THE CONSEQUENCES OF WHICH, IN SPITE OF THE EXERCISE OF ALL DUE CARE, COULD NOT HAVE BEEN AVOIDED EXCEPT AT THE COST OF EXCESSIVE SACRIFICE . THIS CONCEPT IMPLIES A SUFFICIENT FLEXIBILITY REGARDING NOT ONLY THE NATURE OF THE OCCURRENCE RELIED UPON BUT ALSO THE CARE WHICH THE EXPORTER SHOULD HAVE EXERCISED IN ORDER TO MEET IT AND THE EXTENT OF THE SACRIFICES WHICH HE SHOULD HAVE ACCEPTED TO THAT END .
Otto Scheer v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1970-12-17
4 IN THE CONTEXT OF PROCEEDINGS UNDER ARTICLE 177, IT IS NOT FOR THE COURT TO RULE AS IT IS REQUESTED TO DO, ON THE COMPATIBILITY OF THE PROVISIONS OF A NATIONAL LAW WITH REGULATION NO 19 OF THE COUNCIL . ON THE OTHER HAND, THE COURT HAS JURISDICTION TO PROVIDE THE NATIONAL COURT WITH ALL THE CRITERIA OF INTERPRETATION RELATING TO COMMUNITY LAW WHICH MAY ENABLE IT TO JUDGE THE COMPATIBILITY WITH COMMUNITY LAW OF THE PROVISIONS OF THE NATIONAL LAW IN THE LIGHT OF THE LEGAL SITUATION CREATED BY THE ENTRY INTO FORCE SUCCESSIVELY OF REGULATION NO 19 OF THE COUNCIL AND REGULATION NO 87 OF THE COMMISSION .
8 IN VIEW OF THE EXPERIMENTAL NATURE OF THE FIRST SYSTEM OF THE ORGANIZATION OF THE MARKETS, CRYSTALLIZED IN REGULATION NO 19, AND OF THE SHORTNESS OF THE TIME WHICH ELAPSED BETWEEN THE ENTRY INTO FORCE OF THE BASIC REGULATION AND THAT OF IMPLEMENTING REGULATION NO 87, IT WAS LEGITIMATE, IN THE INTERESTS OF A RAPID IMPLEMENTATION OF THE ORGANIZATION OF THE MARKETS, TO CONFER TEMPORARILY ON THE MEMBER STATES FUNCTIONS WHICH, AT A MORE ADVANCED STAGE OF DEVELOPMENT, HAVE BEEN TAKEN OVER BY THE COMMON INSTITUTIONS . IT THEREFORE APPEARS THAT, FAR FROM PRESENTING AN ANOMALY AT THE STAGE OF DEVELOPMENT CONSIDERED, THE INTERVENTION OF THE MEMBER STATES CONSTITUTED NO MORE THAN THE IMPLEMENTATION OF THE GENERAL OBLIGATION EXPRESSED IN ARTICLE 5 OF THE TREATY, WHEREBY MEMBER STATES ARE REQUIRED TO TAKE ALL APPROPRIATE MEASURES TO ENSURE FULFILMENT OF THE OBLIGATIONS RESULTING FROM ACTION TAKEN BY THE INSTITUTIONS OF THE COMMUNITY AND, IN GENERAL, TO FACILITATE THE ACHIEVEMENT OF THE COMMUNITY' S TASKS .
S.A.R.L. Manpower v Caisse primaire d'assurance maladie de Strasbourg.
Date: 1970-12-17
10 THE EXCEPTION TO ARTICLE 12 OF THE SAME REGULATION THUS PROVIDED IN ARTICLE 13 ( 1 ) ( A ) AIMS AT OVERCOMING THE OBSTACLES LIKELY TO IMPEDE FREEDOM OF MOVEMENT OF WORKERS AND AT ENCOURAGING ECONOMIC INTERPENETRATION WHILST AVOIDING ADMINISTRATIVE COMPLICATIONS FOR WORKERS, UNDERTAKINGS AND SOCIAL SECURITY ORGANIZATIONS .
11 BUT FOR THIS EXCEPTION, AN UNDERTAKING ESTABLISHED IN THE TERRITORY OF A MEMBER STATE WOULD BE REQUIRED TO REGISTER ITS WORKERS, NORMALLY SUBJECT TO THE SOCIAL SECURITY LEGISLATION OF THAT STATE, WITH THE SOCIAL SECURITY SYSTEM OF OTHER MEMBER STATES WHERE THEY WERE SENT TO PERFORM WORK OF SHORT DURATION .
16 THE REFERENCE MADE BY ARTICLE 13 ( 1 ) ( A ) TO THE ESTABLISHMENT SITUATED IN THE STATE WHERE THE UNDERTAKING IS ESTABLISHED AND TO WHICH THE WORKER IS ATTACHED IS MEANT ESSENTIALLY TO LIMIT THE APPLICABILITY OF THAT PROVISION TO THOSE WORKERS ENGAGED BY UNDERTAKINGS NORMALLY PURSUING THEIR ACTIVITY IN THE TERRITORY OF THE STATE IN WHICH THEY ARE ESTABLISHED .
17 IN THE LEGAL FRAMEWORK OF THE PRESENT CASE, THE UNDERTAKING WHICH HAS ENGAGED THE WORKERS REMAINS THEIR SOLE EMPLOYER .
18 THE MAINTENANCE OF THE WORKER' S RELATIONSHIP WITH SUCH AN EMPLOYER FOR THE ENTIRE DURATION OF THE EMPLOYMENT ARISES IN PARTICULAR FROM THE FACT THAT IT IS THE EMPLOYER WHO PAYS THE SALARY AND CAN DISMISS HIM FOR ANY MISCONDUCT BY HIM IN THE PERFORMANCE OF HIS WORK WITH THE HIRING UNDERTAKING .
19 FURTHER THE HIRING UNDERTAKING IS INDEBTED NOT TO THE WORKER BUT ONLY TO HIS EMPLOYER .
20 IN CONSEQUENCE IT MUST BE RECOGNIZED THAT THE WORKER HAS PERFORMED WORK WITHIN THE MEANING OF THE ABOVEMENTIONED ARTICLE 13 ( 1 ) ( A ) WITH THE HIRING UNDERTAKING FOR THE UNDERTAKING WHICH ENGAGED HIM .
Fonderie Acciaierie Giovanni Mandelli v Commission of the European Communities.
Date: 1971-01-21
9 THUS THE APPLICANT COULD NOT HAVE BEEN UNAWARE PRIOR TO THE JUDGMENT OF THE COURT OF THE EXISTENCE IN THE HANDS OF THE COMPETENT FINANCIAL AUTHORITY OF AN AUDIT REPORT CONCERNING THREE FACTS, THAT IS TO SAY, THE AMOUNT OF THE RECEIPTS OF THE UNDERTAKING ESTABLISHED FROM THE SALES INVOICES, THE COST OF RAW MATERIALS CHECKED BY MEANS OF PURCHASE INVOICES AND THE LEVEL OF PRODUCTION OF THE UNDERTAKING .
10 NOTHING PREVENTED IT AT THE TIME OF THE PROCEEDINGS BEFORE THE COURT FROM TAKING THE STEPS WHICH RESULTED IN THE COMMUNICATION OF THAT REPORT ON 16 JULY 1970 .
11 IN DEFAULT OF OBTAINING THIS INFORMATION IT COULD IN ANY CASE HAVE SUGGESTED THAT THE COURT SHOULD MAKE A PREPARATORY INQUIRY DIRECTED TOWARDS THE PRODUCTION, UNDER ARTICLE 24 OF THE STATUTE, OF THE DOCUMENT IN QUESTION AND ANY OTHER RELEVANT INFORMATION IN THE HANDS OF THE ITALIAN ADMINISTRATION .
12 IT APPEARS, CONSEQUENTLY, THAT THE DELIVERY OF THE DOCUMENT PRODUCED BY THE APPLICANT IN SUPPORT OF ITS APPLICATION CANNOT BE REGARDED AS THE DISCOVERY OF A NEW FACT WITHIN THE MEANING OF ARTICLE 38 OF THE STATUTE .
Eva Rittweger v Commission of the European Communities.
Date: 1971-02-03
7 IT IS NOT POSSIBLE IN REGARD TO THE WORDING OF THE ABOVEMENTIONED PROVISIONS TO RAISE CONSIDERATIONS OF A BUDGETARY NATURE, NO TRACE OF WHICH IS SHOWN BY THESE PROVISIONS .
Norddeutsches Vieh- und Fleischkontor GmbH v Hauptzollamt Hamburg-St. Annen.
Date: 1971-02-11
5 ALTHOUGH THE NATIONAL AUTHORITIES ARE FREE TO USE ALL THE APPROPRIATE METHODS WHICH THEIR LAW PROVIDES TO PREVENT THE FRAUDULENT EVASION OF COMMUNITY RULES, THIS CANNOT APPLY WHERE THE NATIONAL LAW IS BASED UPON CRITERIA WHICH DO NOT CONFORM TO THE SYSTEM OF GUARANTEES AND PROOF INTRODUCED BY THE COMMUNITY RULES .
IN PARTICULAR, SUCH NATIONAL RULES MUST BE REGARDED AS INCOMPATIBLE WITH THE COMMUNITY RULES WHEN THE NATIONAL RULES ARE BASED UPON A CRITERION WHICH LEAVES THE NATIONAL AUTHORITIES TOO WIDE AN AREA OF DISCRETION, SUCH AS THE DEGREE OF TRUST TO BE ACCORDED TO AN IMPORTER .
THE APPLICATION OF CRITERIA OF THIS NATURE MAY LEAD TO DIFFERENCES OF TREATMENT BETWEEN THE IMPORTERS OF THE VARIOUS MEMBER STATES AND THUS ENDANGER THE ESSENTIAL UNIFORMITY OF APPLICATION OF COMMUNITY PROVISIONS THROUGHOUT THE WHOLE OF THE COMMON MARKET .
IT IS, THEREFORE, IMPOSSIBLE TO APPLY NATIONAL PROVISIONS BASED UPON CRITERIA WHICH ARE NOT IN HARMONY WITH THOSE ADOPTED BY THE COMMUNITY LEGISLATURE .
Deutsche Tradax GmbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1971-03-10
10 CONTRARY TO THE CONTENTIONS OF THE COMMISSION, THIS LEGAL SITUATION WAS NOT ALTERED BY ARTICLE 9 OF REGULATION NO 140/67, UNDER WHICH " IF IMPORTATION IS NOT EFFECTED DURING THE MONTH INDICATED AT THE TIME OF APPLICATION ... ( A ) THE LEVY APPLICABLE ON THE DAY ON WHICH THE APPLICATION FOR THE LICENCE WAS SUBMITTED SHALL BE ADJUSTED IN ACCORDANCE WITH THE THRESHOLD PRICE IN FORCE ON THE DAY OF IMPORTATION ... ". IN FACT, THAT PROVISION - WHICH IS INTENDED TO MEET THE CASE IN WHICH IMPORTATION IS EFFECTED DURING THE PERIOD OF VALIDITY OF THE LICENCE BUT DURING A MONTH OTHER THAN THAT INDICATED IN THE APPLICATION FOR A LICENCE - IS NOT APPLICABLE TO A CASE IN WHICH IMPORTATION IS NOT EFFECTED, OR IS ONLY PARTIALLY EFFECTED, DURING THE PERIOD OF VALIDITY OF THE LICENCE, SO THAT THE DEPOSIT IS WHOLLY OR PARTIALLY FORFEITED . IT CANNOT BE ACCEPTED THAT THE SAID PROVISION ALTERED THE SYSTEM LAID DOWN BY REGULATION NO 120/67, ESPECIALLY SINCE REGULATION NO 140/67, BEING AN IMPLEMENTING REGULATION NOT DIRECTLY BASED ON ARTICLE 43 ( 2 ) OF THE TREATY BUT ON THE ENABLING PROVISION OF ARTICLE 15 ( 4 ) OF REGULATION NO 120/67, COULD NOT HAVE DEROGATED FROM THE PROVISIONS OF THE BASIC REGULATION TO WHICH IT IS SUBORDINATE .
Antonio Marcato v Commission of the European Communities.
Date: 1971-03-17
7 THE COURT IS NOT IN A POSITION TO DETERMINE WHETHER THE ASSESSMENT BY THE ADMINISTRATION OF THE OCCUPATIONAL ABILITY OF AN OFFICIAL IS WELL-FOUNDED WHEN THIS ASSESSMENT INVOLVES COMPLEX VALUE-JUDGMENTS WHICH, BY THEIR VERY NATURE, ARE NOT CAPABLE OF OBJECTIVE PROOF .
Alfons Lütticke GmbH v Commission of the European Communities.
Date: 1971-04-28
6 THE ACTION FOR DAMAGES PROVIDED FOR BY ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 WAS ESTABLISHED BY THE TREATY AS AN INDEPENDENT FORM OF ACTION WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS AND SUBJECT TO CONDITIONS FOR ITS USE, CONCEIVED WITH A VIEW TO ITS SPECIFIC PURPOSE . IT WOULD BE CONTRARY TO THE INDEPENDENT NATURE OF THIS ACTION AS WELL AS TO THE EFFICACY OF THE GENERAL SYSTEM OF FORMS OF ACTION CREATED BY THE TREATY TO REGARD AS A GROUND OF INADMISSIBILITY THE FACT THAT, IN CERTAIN CIRCUMSTANCES, AN ACTION FOR DAMAGES MIGHT LEAD TO A RESULT SIMILAR TO THAT OF AN ACTION FOR FAILURE TO ACT UNDER ARTICLE 175 .
10 BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 215 AND THE GENERAL PRINCIPLES TO WHICH THIS PROVISION REFERS, THE LIABILITY OF THE COMMUNITY PRESUPPOSES THE EXISTENCE OF A SET OF CIRCUMSTANCES COMPRISING ACTUAL DAMAGE, A CAUSAL LINK BETWEEN THE DAMAGE CLAIMED AND THE CONDUCT ALLEGED AGAINST THE INSTITUTION, AND THE ILLEGALITY OF SUCH CONDUCT .
Société anonyme Cadillon v Firma Höss, Maschinenbau KG.
Date: 1971-05-06
8 THOSE CONDITIONS MUST BE UNDERSTOOD BY REFERENCE TO THE ACTUAL CIRCUMSTANCES OF THE AGREEMENT .
9 AN EXCLUSIVE DEALING AGREEMENT MAY ESCAPE THE PROHIBITION LAID DOWN IN ARTICLE 85 ( 1 ) BECAUSE, IN VIEW OF THE WEAK POSITION OF THE PARTIES ON THE MARKET IN THE PRODUCTS IN QUESTION IN THE TERRITORY COVERED BY THE EXCLUSIVE DEALING ARRANGEMENT, IT IS NOT CAPABLE OF HINDERING THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN STATES, EVEN IF IT CREATES ABSOLUTE TERRITORIAL PROTECTION .
NV International Fruit Company and others v Commission of the European Communities.
Date: 1971-05-13
23 MOREOVER, IT IS CLEAR FROM THE SYSTEM INTRODUCED BY REGULATION NO 459/70, AND PARTICULARLY FROM ARTICLE 2 ( 2 ) THEREOF, THAT THE DECISION ON THE GRANT OF IMPORT LICENCES IS A MATTER FOR THE COMMISSION .
24 ACCORDING TO THIS PROVISION, THE COMMISSION ALONE IS COMPETENT TO ASSESS THE ECONOMIC SITUATION IN THE LIGHT OF WHICH THE GRANT OF IMPORT LICENCES MUST BE JUSTIFIED .
25 ARTICLE 1 ( 2 ) OF REGULATION NO 459/70, BY PROVIDING THAT " THE MEMBER STATES SHALL IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN ARTICLE 2, ISSUE THE LICENCE TO ANY INTERESTED PARTY APPLYING FOR IT ", MAKES IT CLEAR THAT THE NATIONAL AUTHORITIES DO NOT ENJOY ANY DISCRETION IN THE MATTER OF THE ISSUE OF LICENCES AND THE CONDITIONS ON WHICH APPLICATIONS BY THE PARTIES CONCERNED SHOULD BE GRANTED .
26 THE DUTY OF SUCH AUTHORITIES IS MERELY TO COLLECT THE DATA NECESSARY IN ORDER THAT THE COMMISSION MAY TAKE ITS DECISION IN ACCORDANCE WITH ARTICLE 2 ( 2 ) OF THAT REGULATION, AND SUBSEQUENTLY ADOPT THE NATIONAL MEASURES NEEDED TO GIVE EFFECT TO THAT DECISION .
27 IN THESE CIRCUMSTANCES AS FAR AS THE INTERESTED PARTIES ARE CONCERNED, THE ISSUE OF OR REFUSAL TO ISSUE THE IMPORT LICENCES MUST BE BOUND UP WITH THIS DECISION .
28 THE MEASURE WHEREBY THE COMMISSION DECIDES ON THE ISSUES OF THE IMPORT LICENCES THUS DIRECTLY AFFECTS THE LEGAL POSITION OF THE PARTIES CONCERNED .
29 THE APPLICATIONS THUS FULFIL THE REQUIREMENTS OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, AND ARE THEREFORE ADMISSIBLE .
THE SUBSTANCE OF THE CASE
65 SINCE THE COMMISSION WAS ENTITLED TO TAKE PROTECTIVE MEASURES LEADING TO A COMPLETE SUSPENSION OF IMPORTS FROM THIRD COUNTRIES, IT WAS, A FORTIORI, ENTITLED TO ADOPT LESS RESTRICTIVE MEASURES .
Gabrielle Defrenne v Belgian State.
Date: 1971-05-25
6 THE PROVISION IN THE SECOND PARAGRAPH OF THE ARTICLE EXTENDS THE CONCEPT OF PAY TO ANY OTHER CONSIDERATION, WHETHER IN CASH OR IN KIND, WHETHER IMMEDIATE OR FUTURE, PROVIDED THAT THE WORKER RECEIVES IT, ALBEIT INDIRECTLY, IN RESPECT OF HIS EMPLOYMENT FROM HIS EMPLOYER .
7 ALTHOUGH CONSIDERATION IN THE NATURE OF SOCIAL SECURITY BENEFITS IS NOT THEREFORE IN PRINCIPLE ALIEN TO THE CONCEPT OF PAY, THERE CANNOT BE BROUGHT WITHIN THIS CONCEPT, AS DEFINED IN ARTICLE 119, SOCIAL SECURITY SCHEMES OR BENEFITS, IN PARTICULAR RETIREMENT PENSIONS, DIRECTLY GOVERNED BY LEGISLATION WITHOUT ANY ELEMENT OF AGREEMENT WITHIN THE UNDERTAKING OR THE OCCUPATIONAL BRANCH CONCERNED, WHICH ARE OBLIGATORILY APPLICABLE TO GENERAL CATEGORIES OF WORKERS .
8 THESE SCHEMES ASSURE FOR THE WORKERS THE BENEFIT OF A LEGAL SCHEME, THE FINANCING OF WHICH WORKERS, EMPLOYERS AND POSSIBLY THE PUBLIC AUTHORITIES CONTRIBUTE IN A MEASURE DETERMINED LESS BY THE EMPLOYMENT RELATIONSHIP BETWEEN THE EMPLOYER AND THE WORKER THAN BY CONSIDERATIONS OF SOCIAL POLICY .
9 ACCORDINGLY, THE PART DUE FROM THE EMPLOYERS IN THE FINANCING OF SUCH SCHEMES DOES NOT CONSTITUTE A DIRECT OR INDIRECT PAYMENT TO THE WORKER .
10 MOREOVER THE WORKER WILL NORMALLY RECEIVE THE BENEFITS LEGALLY PRESCRIBED NOT BY REASON OF THE EMPLOYER' S CONTRIBUTION BUT SOLELY BECAUSE THE WORKER FULFILS THE LEGAL CONDITIONS FOR THE GRANT OF BENEFITS .
11 THESE ARE LIKEWISE CHARACTERISTICS OF SPECIAL SCHEMES WHICH, WITHIN THE FRAMEWORK OF THE GENERAL SYSTEM OF SOCIAL SECURITY ESTABLISHED BY LEGISLATION, RELATE IN PARTICULAR TO CERTAIN CATEGORIES OF WORKERS .
12 IT MUST THEREFORE BE FOUND THAT SITUATIONS INVOLVING DISCRIMINATION RESULTING FROM THE APPLICATION OF SUCH A SYSTEM ARE NOT SUBJECT TO THE REQUIREMENTS OF ARTICLE 119 OF THE TREATY .
13 IT FOLLOWS FROM THE ABOVE THAT A RETIREMENT PENSION ESTABLISHED WITHIN THE FRAMEWORK OF A SOCIAL SECURITY SCHEME LAID DOWN BY LEGISLATION DOES NOT CONSTITUTE CONSIDERATION WHICH THE WORKER RECEIVES INDIRECTLY IN RESPECT OF HIS EMPLOYMENT FROM HIS EMPLOYER WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 119 .
THE SECOND AND THE THIRD QUESTIONS
Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmärkte GmbH & Co. KG.
Date: 1971-06-08
11 AMONGST THE PROHIBITIONS OR RESTRICTIONS ON THE FREE MOVEMENT OF GOODS WHICH IT CONCEDES ARTICLE 36 REFERS TO INDUSTRIAL AND COMMERCIAL PROPERTY . ON THE ASSUMPTION THAT THOSE PROVISIONS MAY BE RELEVANT TO A RIGHT RELATED TO COPYRIGHT, IT IS NEVERTHELESS CLEAR FROM THAT ARTICLE THAT, ALTHOUGH THE TREATY DOES NOT AFFECT THE EXISTENCE OF RIGHTS RECOGNIZED BY THE LEGISLATION OF A MEMBER STATE WITH REGARD TO INDUSTRIAL AND COMMERCIAL PROPERTY, THE EXERCISE OF SUCH RIGHTS MAY NEVERTHELESS FALL WITHIN THE PROHIBITIONS LAID DOWN BY THE TREATY . ALTHOUGH IT PERMITS PROHIBITIONS OR RESTRICTIONS ON THE FREE MOVEMENT OF PRODUCTS, WHICH ARE JUSTIFIED FOR THE PURPOSE OF PROTECTING INDUSTRIAL AND COMMERCIAL PROPERTY, ARTICLE 36 ONLY ADMITS DEROGATIONS FROM THAT FREEDOM TO THE EXTENT TO WHICH THEY ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT-MATTER OF SUCH PROPERTY .
12 IF A RIGHT RELATED TO COPYRIGHT IS RELIED UPON TO PREVENT THE MARKETING IN A MEMBER STATE OF PRODUCTS DISTRIBUTED BY THE HOLDER OF THE RIGHT OR WITH HIS CONSENT ON THE TERRITORY OF ANOTHER MEMBER STATE ON THE SOLE GROUND THAT SUCH DISTRIBUTION DID NOT TAKE PLACE ON THE NATIONAL TERRITORY, SUCH A PROHIBITION, WHICH WOULD LEGITIMIZE THE ISOLATION OF NATIONAL MARKETS, WOULD BE REPUGNANT TO THE ESSENTIAL PURPOSE OF THE TREATY, WHICH IS TO UNITE NATIONAL MARKETS INTO A SINGLE MARKET .
THAT PURPOSE COULD NOT BE ATTAINED IF, UNDER THE VARIOUS LEGAL SYSTEMS OF THE MEMBER STATES, NATIONALS OF THOSE STATES WERE ABLE TO PARTITION THE MARKET AND BRING ABOUT ARBITRARY DISCRIMINATION OR DISGUISED RESTRICTIONS ON TRADE BETWEEN MEMBER STATES .
Anne Duraffour v Council of the European Communities.
Date: 1971-06-16
15 IN THIS RESPECT, IT CANNOT BE ACCEPTED THAT THE OBLIGATION OF AN INSURER MAY BE SUBSTITUTED FOR THE DIRECT OBLIGATION OF THE INSTITUTION UNDER THE SAID ARTICLE, THUS DEPRIVING THE BENEFICIARIES OF THEIR PARTICULAR LEGAL RIGHTS GUARANTEED BY THE STAFF REGULATIONS .
Maurice Prelle v Commission of the European Communities.
Date: 1971-06-16
7 SINCE THIS REQUEST WAS PRESENTED AT A TIME WHEN, IN ACCORDANCE WITH ARTICLE 59 ( 2 ) OF THE RULES OF PROCEDURE, THE ORAL PROCEDURE HAD BEEN CLOSED, IT MAY ONLY BE ADMITTED IF IT RELATES TO FACTS WHICH ARE CAPABLE OF HAVING A DECISIVE INFLUENCE AND WHICH THE PARTY CONCERNED WAS NOT ABLE TO PUT FORWARD BEFORE THE CLOSURE OF THE ORAL PROCEDURE .
Kingdom of the Netherlands v Commission of the European Communities.
Date: 1971-07-06
14 HOWEVER, THE TREATY DOES NOT PROVIDE FOR ANY SPECIFIC PERIODS FOR THE EXERCISE OF THE RIGHT TO RAISE THE MATTER WITH THE COMMISSION UNDER THE FIRST AND SECOND PARAGRAPHS OF ARTICLE 35 .
15 IT FOLLOWS, HOWEVER, FROM THE COMMON PURPOSE OF ARTICLES 33 AND 35 THAT THE REQUIREMENTS OF LEGAL CERTAINTY AND OF THE CONTINUITY OF COMMUNITY ACTION UNDERLYING THE TIME-LIMITS LAID DOWN FOR BRINGING PROCEEDINGS UNDER ARTICLE 33 MUST ALSO BE TAKEN INTO ACCOUNT - HAVING REGARD TO THE SPECIAL DIFFICULTIES WHICH THE SILENCE OF THE COMPETENT AUTHORITIES MAY INVOLVE FOR THE INTERESTED PARTIES - IN THE EXERCISE OF THE RIGHTS CONFERRED BY ARTICLE 35 .
16 THESE REQUIREMENTS MAY NOT LEAD TO SUCH CONTRADICTORY CONSEQUENCES AS THE DUTY TO ACT WITHIN A SHORT PERIOD IN THE FIRST CASE AND THE ABSENCE OF ANY LIMITATION IN TIME IN THE SECOND .
17 THIS VIEW FINDS SUPPORT IN THE SYSTEM OF TIME-LIMITS IN ARTICLE 35, WHICH ALLOWS THE COMMISSION TWO MONTHS IN WHICH TO DEFINE ITS POSITION, AND THE INTERESTED PARTY ONE MONTH IN WHICH TO INSTITUTE PROCEEDINGS BEFORE THE COURT .
18 THUS IT IS IMPLICIT IN THE SYSTEM OF ARTICLES 33 AND 35 THAT THE EXERCISE OF THE RIGHT TO RAISE THE MATTER WITH THE COMMISSION MAY NOT BE DELAYED INDEFINITELY .
19 IF THE INTERESTED PARTIES ARE THUS BOUND TO OBSERVE A REASONABLE TIME-LIMIT WHERE THE COMMISSION REMAINS SILENT, THIS IS SO A FORTIORI ONCE IT IS CLEAR THAT THE COMMISSION HAS DECIDED TO TAKE NO ACTION .
Helmut Müllers v Economic and Social Committee of the EEC and EAEC.
Date: 1971-07-07
6 ALTHOUGH THE DEFENDANT HAS NOT CHALLENGED THE ADMISSIBILITY OF THE APPLICATION, THE COURT MUST EXAMINE OF ITS OWN MOTION WHETHER THE APPLICATION IS OUT OF TIME .
18 ALTHOUGH IT IS CORRECT THAT AT THAT TIME THE DEFENDANT STILL HOPED TO BE ABLE TO GIVE A FAVOURABLE REPLY TO THE COMPLAINT, THIS DOES NOT ALTER THE FACT THAT IT IS NOT FOR THE PARTIES WHO ARE DIRECTLY CONCERNED TO EXTEND AT THEIR OWN CONVENIENCE THE PERIODS LAID DOWN IN ARTICLE 91 OF THE STAFF REGULATIONS SINCE THESE ARE MATTERS OF PUBLIC POLICY AND RIGOROUS COMPLIANCE WITH THEM IS CALCULATED TO ENSURE THE CLARITY AND CERTAINTY OF LEGAL SITUATIONS .