larimo/cjeu-paragraph-retrieval huggingface dataset:
Firma Anton Dürbeck v Hauptzollamt Frankfurt am Main-Flughafen.
Date: 1981-05-05
33 EVEN IF IT ASSUMED THAT THE QUALITY OF IMPORTED APPLES WAS SUPERIOR TO THAT OF DOMESTIC APPLES IN THAT PERIOD , THE FACT STILL REMAINS THAT THE QUALITY OF DOMESTIC APPLES WAS NOT SO INFERIOR THAT THE TWO CATEGORIES OF APPLES WERE NOT LARGELY INTERCHANGEABLE .
44 ARTICLE 110 OF THE 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 , AS IN THIS CASE , 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 .
48 ALTHOUGH , AS THE COURT HAS RECENTLY CONFIRMED IN ITS JUDGMENT OF 16 MAY 1979 IN CASE 84/78 TOMADINI ( 1979 ) ECR 1801 , 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 ' ' . IN THE SAME JUDGMENT THE COURT WENT ON TO SAY THAT ' ' 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 ' ' .
52 AS HAS PREVIOUSLY BEEN OBSERVED , REGULATIONS NOS 797/79 AND 1152/79 ARE NOT INTENDED TO ALLOW A DEROGATION FROM THE PROTECTIVE MEASURES IN ISSUE AS REGARDS THE QUANTITIES OF DESSERT APPLES FROM CHILE ACCEPTED FOR IMPORT INTO     THE COMMUNITY BUT ARE SOLELY DESIGNED TO ADJUST THEIR APPLICATION TO GOODS WHICH , AT THE TIME WHEN THOSE MEASURES ENTERED INTO FORCE , WERE ' ' IN TRANSIT ' '  WITHIN THE MEANING OF ARTICLE 3 ( 2 ) OF REGULATION NO 2707/72 .
53 IN THOSE CIRCUMSTANCES , THE FACT THAT THE COMMISSION TOOK INTO CONSIDERATION ONLY THE GOODS WHICH WERE ALREADY IN THE COURSE OF BEING TRANSPORTED BY SEA ON 12 APRIL 1979 AND EXCLUDED THOSE WHICH ON THAT DATE HAD NOT YET LEFT A CHILEAN PORT IS IN KEEPING WITH THE PROVISIONS OF ARTICLE 3 ( 2 ) OF REGULATION NO 2707/72 .
54 SINCE THE SITUATION OF GOODS WHICH HAD NOT YET LEFT A CHILEAN PORT WITH RESPECT TO ARTICLE 3 ( 2 ) OF REGULATION NO 2707/72 IS NOT COMPARABLE TO THE SITUATION OF GOODS ' ' IN TRANSIT ' ' , WITHIN THE MEANING OF ARTICLE 3 ( 3 ), THE FACT THAT THE ARRANGEMENTS UNDER THE CONTESTED REGULATIONS NO 797/79 AND NO 1152/79 WERE NOT EXTENDED TO SUCH A SITUATION CANNOT THEREFORE BE REGARDED AS CONSTITUTING DISCRIMINATION CONTRARY TO THE TREATY .
Giuseppe Romano v Institut national d'assurance maladie-invalidité.
Date: 1981-05-14
20 AS REGARDS THAT QUESTION , AS FRAMED BY THE TRIBUNAL DU TRAVAIL , IT FOLLOWS BOTH FROM ARTICLE 155 OF THE TREATY AND THE JUDICIAL SYSTEM CREATED BY THE TREATY , AND IN PARTICULAR BY ARTICLES 173 AND 177 THEREOF , THAT A BODY SUCH AS THE ADMINISTRATIVE COMMISSION MAY NOT BE EMPOWERED BY THE COUNCIL TO ADOPT ACTS HAVING THE FORCE OF LAW . WHILST A DECISION OF THE ADMINISTRATIVE COMMISSION MAY PROVIDE AN AID TO SOCIAL SECURITY INSTITUTIONS RESPONSIBLE FOR APPLYING COMMUNITY LAW IN THIS FIELD , IT IS NOT OF SUCH A NATURE AS TO REQUIRE THOSE INSTITUTIONS TO USE CERTAIN METHODS OR ADOPT CERTAIN INTERPRETATIONS WHEN THEY COME TO APPLY THE COMMUNITY RULES . DECISION NO 101 OF THE ADMINISTRATIVE COMMISSION DOES NOT THEREFORE BIND THE TRIBUNAL DU TRAVAIL .
24 IT IS APPROPRIATE TO DRAW ATTENTION TO THE FACT THAT THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING BENEFITS IS THE OUTCOME OF A CONSISTENT LINE OF DECISIONS OF THE COURT ACCORDING TO WHICH A PROVISION OF THE GOVERNING REGULATION HAVING THE EFFECT OF DEPRIVING A MIGRANT WORKER OF A PART OF THE BENEFIT TO WHICH HE IS ENTITLED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE IS NOT IN ACCORDANCE WITH THE OBJECTIVE OF ARTICLE 51 OF THE TREATY . IN ITS DECISIONS THE COURT HAS HELD THAT WHEN THE GRANT OF THE FULL NATIONAL PENSION UPON THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING BENEFITS IS MORE FAVOURABLE TO A WORKER THAN THE RULES ON AGGREGATION AND APPORTIONMENT CONTAINED IN THE COMMUNITY REGULATIONS , THE NATIONAL LEGISLATION IS WHOLLY APPLICABLE . ALTHOUGH THAT CASE-LAW MIGHT ENTAIL A REDUCTION IN THE AMOUNT OF BENEFITS GRANTED TO A WORKER UNDER THE LAWS OF SEVERAL MEMBER STATES , THE UNDERLYING PRINCIPLE IS THAT A WORKER SHOULD RECEIVE AT LEAST THE WHOLE AMOUNT OF THE MOST FAVOURABLE PENSION TO WHICH HE IS ENTITLED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE .
Debayser SA, Sucre-Union SA and Jean Lion SA v Director of the Fonds d'Intervention et de Régularisation du Marché du Sucre, Minister for Agriculture and Minister for the Budget.
Date: 1981-05-20
12 FROM THE PREAMBLE TO REGULATION NO 1608/74 OF THE COMMISSION IT APPEARS THAT THE PURPOSE WHICH THE PROVISIONS OF THAT REGULATION WERE DESIGNED TO FULFIL WAS NOT TO PROVIDE TRADERS ENGAGED IN THE PERFORMANCE OF CONTRACTS CONTAINING PRE-FIXED CONDITIONS WITH FULL PROTECTION AGAINST THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS FOLLOWING THE MONETARY EVENT DESCRIBED IN THE FIRST RECITAL AND IN ARTICLE 1 BUT SOLELY TO INTRODUCE , IN RESPECT OF CONTRACTS CONCLUDED PRIOR TO SUCH EVENT , A ' ' CERTAIN FLEXIBILITY ' '  INTO THE MONETARY RULES BY GIVING THE MEMBER STATES THE OPPORTUNITY TO APPLY A CLAUSE CONFERRING DISCRETIONARY RELIEF PERMITTING ' ' EACH INDIVIDUAL CASE TO BE EXAMINED BY THEM IN THE LIGHT OF THE LOSS SUFFERED WHILST MAINTAINING MEASURES TO ENSURE A COORDINATED APPLICATION THEREOF . ' '
Giorgio Morbelli v Commission of the European Communities.
Date: 1981-05-21
14 THAT LINE OF ARGUMENT ON THE PART OF THE COMMISSION MUST BE REJECTED SINCE IT IS CONTRARY TO THE GOOD FAITH WHICH MUST PREVAIL IN RELATIONS BETWEEN THE COMMISSION AND ITS EMPLOYEES , INCLUDING THEIR RELATIONS IN LEGAL PROCEEDINGS . THE COMMISSION MAY NOT RELY ON THE FACT THAT IT FAILED TO REPLY TO A COMPLAINT WITHIN THE PERIOD LAID DOWN BY THE STAFF REGULATIONS . SINCE THE DECISION OF 30 MAY 1980 AND THE EARLIER IMPLIED DECISION TO REJECT THE COMPLAINT WERE THE SAME IN SUBSTANCE , IT IS IRRELEVANT TO ESTABLISH WHICH OF THOSE DECISIONS THE APPLICATION FORMALLY CONTESTS IN VIEW OF THE FACT THAT THE ADOPTION OF THE CONFIRMATORY MEASURE AND THE LODGING OF THE APPLICATION OCCURRED WITHIN THE LIMITATION PERIOD WHICH STARTED TO RUN FROM THE DATE OF THE IMPLIED DECISION REJECTING THE COMPLAINT .

SUBSTANCE
Criminal proceedings against Siegfried Ewald Rinkau.
Date: 1981-05-26
6 IN THE REPORT SUBMITTED TO THE NATIONAL GOVERNMENTS AT THE SAME TIME AS THE DRAFT CONVENTION ( OFFICIAL JOURNAL 1979 , C 59 , P . 1 ) THAT EXTENSION TO THE CRIMINAL FIELD IS JUSTIFIED BY REFERENCE TO THE CONSEQUENCES WHICH A JUDGMENT OF A CRIMINAL COURT MAY ENTAIL IN CIVIL AND COMMERCIAL MATTERS IF THOSE CONSEQUENCES THEMSELVES COME WITHIN THE AMBIT OF THE CONVENTION .
12 THE AIM OF THE CONVENTION TO COVER OFFENCES CONNECTED WITH ROAD ACCIDENTS THROUGH ITS USE OF THE CONCEPT OF AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED HAS ALREADY BEEN MENTIONED IN CONNEXION WITH THE OBJECTIVES OF THE CONVENTION . ANOTHER MORE GENERAL GUIDE IS THE FACT THAT BY RESTRICTING THE RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON , WHICH IS MADE AVAILABLE TO PERSONS WHO HAVE COMMITTED CERTAIN OFFENCES , THE CONVENTION CLEARLY SEEKS TO DENY THAT RIGHT TO PERSONS BEING PROSECUTED FOR OFFENCES WHICH ARE SUFFICIENTLY SERIOUS TO JUSTIFY ITS DENIAL .
Amministrazione delle Finanze dello Stato v Essevi SpA and Carlo Salengo.
Date: 1981-05-27
15 THE PURPOSE OF THAT PRELIMINARY PROCEDURE WHICH COMES WITHIN THE GENERAL SCOPE OF THE SUPERVISORY TASK ENTRUSTED TO THE COMMISSION UNDER THE FIRST INDENT OF ARTICLE 155 IS , IN THE FIRST PLACE , TO GIVE THE MEMBER STATE AN     OPPORTUNITY TO JUSTIFY ITS POSITION AND , AS THE CASE MAY BE , TO ENABLE THE COMMISSION TO PERSUADE THE MEMBER STATE TO COMPLY OF ITS OWN ACCORD WITH THE REQUIREMENTS OF THE TREATY . IF THIS ATTEMPT TO REACH A SETTLEMENT IS UNSUCCESSFUL , THE FUNCTION OF THE REASONED OPINION IS TO DEFINE THE SUBJECT-MATTER OF THE DISPUTE .
16 ON THE OTHER HAND , THE COMMISSION IS NOT EMPOWERED TO DETERMINE CONCLUSIVELY , BY OPINIONS FORMULATED PURSUANT TO ARTICLE 169 OR BY OTHER STATEMENTS OF ITS ATTITUDE UNDER THAT PROCEDURE , THE RIGHTS AND DUTIES OF A MEMBER STATE OR TO AFFORD THAT STATE GUARANTEES CONCERNING THE COMPATIBILITY OF A GIVEN LINE OF CONDUCT WITH THE TREATY . ACCORDING TO THE SYSTEM EMBODIED IN ARTICLES 169 TO 171 OF THE TREATY , THE RIGHTS AND DUTIES OF MEMBER STATES MAY BE DETERMINED AND THEIR CONDUCT APPRAISED ONLY BY A JUDGMENT OF THE COURT .
18 THE ANSWER TO THE FIRST PART OF THE QUESTIONS SUBMITTED SHOULD THEREFORE BE THAT OPINIONS DELIVERED BY THE COMMISSION PURSUANT TO ARTICLE 169 HAVE LEGAL EFFECT ONLY IN RELATION TO THE COMMENCEMENT OF PROCEEDINGS BEFORE THE COURT AGAINST A STATE ALLEGED TO HAVE FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY AND THAT THE COMMISSION MAY NOT , BY ADOPTING AN ATTITUDE IN THE CONTEXT OF THAT PROCEDURE , RELEASE A MEMBER STATE FROM ITS OBLIGATIONS OR IMPAIR RIGHTS WHICH INDIVIDUALS DERIVE FROM THE TREATY .

COMPATIBILITY WITH ARTICLE 95 OF A SYSTEM OF DIFFERENTIAL TAXATION OF SPIRITS
33 WITH REGARD TO THE FIRST ARGUMENT , IT SHOULD BE RECALLED THAT THE RELEVANT PROVISION OF THE TREATY , THAT IS TO SAY ARTICLE 95 , AND THE QUESTION OF ITS DIRECT APPLICABILITY ARE THE SUBJECT OF A LONG-STANDING , COPIOUS AND VARIED BODY OF CASE-LAW HAS DISPELLED ALL DOUBTS REGARDING THE SCOPE OF THAT PROVISION . IT IS SUFFICIENT TO RECALL IN THIS REGARD THAT , AS EARLY AS ITS JUDGMENT OF 14 DECEMBER 1962 IN JOINED CASES 2 AND 3/62 COMMISSION V GRAND DUCHY OF LUXEMBOURG AND KINGDOM OF BELGIUM ( 1962 ) ECR 425 , AT THE VERY TIME WHEN THE CONTESTED DUTIES WERE BEING LEVIED , THE COURT EMPHASIZED THE STRINGENT REQUIREMENTS INHERENT IN THIS PROVISION OF THE TREATY .
Giacomo Cattaneo Adorno v Commission of the European Communities.
Date: 1981-06-03
19 IT IS APPARENT , THEREFORE , THAT THE AID PROVIDED FOR UNDER THE DIRECTIVE IS DESIGNED TO IMPROVE PRODUCTION CONDITIONS FOR BASIC AGRICULTURAL PRODUCTS IN ORDER TO RAISE THE PROFITABILITY OF FARMS TO A SUITABLE LEVEL .
21 SINCE THE PURPOSE OF THE PROJECT SUBMITTED BY THE APPLICANT IS NOT TO RAISE THE PROFITABILITY OF HIS FARM BY IMPROVING PRODUCTION CONDITIONS FOR BASIC AGRICULTURAL PRODUCTS BUT TO IMPROVE THE PROCESSING AND MARKETING OF THOSE PRODUCTS IT DOES NOT FALL WITHIN THE SCOPE OF THE DIRECTIVE .
Maria Salonia v Giorgio Poidomani and Franca Baglieri, née Giglio.
Date: 1981-06-16
6 . DOES NOT THE CONDUCT LAID DOWN IN AND GOVERNED BY THE AGREEMENT IN QUESTION CONSTITUTE AN ABUSE OF A DOMINANT POSITION?
' '
THE JURISDICTION OF THE COURT
5 THE DEFENDANTS IN THE MAIN ACTION ALLEGE THAT IN THE PRESENT CASE THE COURT HAS NOT BEEN VALIDLY SEISED , UNDER ARTICLE 177 OF THE TREATY , OF A REQUEST FOR A PRELIMINARY RULING . THEY MAINTAIN , IN THE FIRST PLACE , THAT THE QUESTIONS REFERRED TO THE COURT BEAR NO RELATION TO THE REAL SUBJECT-MATTER OF THE DISPUTE SINCE NEITHER THE PLAINTIFF NOR THE DEFENDANTS HAVE RELIED ON ANY RULE OF COMMUNITY LAW IN SUPPORT OF THEIR ARGUMENTS . THEY CONTEND , MOREOVER , THAT THE QUESTIONS SUBMITTED RELATE TO AN AGREEMENT TO WHICH NONE OF THE PARTIES TO THE CASE IS A SIGNATORY . FINALLY , THEY POINT OUT THAT THE INTERPRETATION OF THE TREATY SOUGHT BY THE NATIONAL COURT SERVES NO USEFUL PURPOSE SINCE THE NATIONAL AGREEMENT OF 23 OCTOBER 1974 WAS NO LONGER IN FORCE WHEN THE FACTS GIVING RISE TO THE ACTION OCCURRED AND IT COULD NOT THEREFORE AT THAT TIME CONSTITUTE THE LEGAL BASIS FOR THE REFUSAL ON THE PART OF THE NEWSPAPER DISTRIBUTORS TO SUPPLY THE PLAINTIFF .

6 AS THE COURT STATED IN ITS JUDGMENT OF 19 DECEMBER 1968 IN CASE 13/68 SALGOIL ( 1968 ) ECR 453 , ARTICLE 177 OF THE TREATY , WHICH IS BASED ON A DISTINCT SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE , DOES NOT ALLOW THE LATTER TO CRITICIZE THE REASONS FOR THE REFERENCE . CONSEQUENTLY , A REQUEST FROM A NATIONAL COURT MAY BE REJECTED ONLY IF IT IS QUITE OBVIOUS THAT THE INTERPRETATION OF COMMUNITY LAW OR THE EXAMINATION     OF THE VALIDITY OF A RULE OF COMMUNITY LAW SOUGHT BY THAT COURT BEARS NO RELATION TO THE ACTUAL NATURE OF THE CASE OR TO THE SUBJECT-MATTER OF THE MAIN ACTION .
7 HOWEVER , THAT IS NOT SO IN THIS CASE . IN THE FIRST PLACE , THE FACT THAT THE PARTIES TO THE MAIN ACTION FAILED TO RAISE A POINT OF COMMUNITY LAW BEFORE THE NATIONAL COURT DOES NOT PRECLUDE THE LATTER FROM BRINGING THE MATTER BEFORE THE COURT OF JUSTICE . IN PROVIDING THAT REFERENCE FOR A PRELIMINARY RULING MAY BE SUBMITTED TO THE COURT WHERE ' ' A QUESTION IS RAISED BEFORE ANY COURT OR TRIBUNAL OF A MEMBER STATE ' ' , THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 177 OF THE TREATY ARE NOT INTENDED TO RESTRICT THIS PROCEDURE EXCLUSIVELY TO CASES WHERE ONE OR OTHER OF THE PARTIES TO THE MAIN ACTION HAS TAKEN THE INITIATIVE OF RAISING A POINT CONCERNING THE INTERPRETATION OR THE VALIDITY OF COMMUNITY LAW , BUT ALSO EXTEND TO CASES WHERE A QUESTION OF THIS KIND IS RAISED BY THE NATIONAL COURT OR TRIBUNAL ITSELF WHICH CONSIDERS THAT A DECISION THEREON BY THE COURT OF JUSTICE IS ' ' NECESSARY TO ENABLE IT TO GIVE JUDGMENT ' ' .
Commission of the European Communities v Ireland.
Date: 1981-06-17
7 IN FACT , SINCE THE COURT STATED IN ITS JUDGMENT OF 25 JANUARY 1977 IN CASE 46/76 BAUHUIS ( 1977 ) ECR 5 THAT ARTICLE 36 OF THE TREATY ' ' CONSTITUTES A DEROGATION FROM THE BASIC RULE THAT ALL OBSTACLES TO THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES SHALL BE ELIMINATED AND MUST BE INTERPRETED STRICTLY ' ' , THE EXCEPTIONS LISTED THEREIN CANNOT BE EXTENDED TO CASES OTHER THAN THOSE SPECIFICALLY LAID DOWN .
8 IN VIEW OF THE FACT THAT NEITHER THE PROTECTION OF CONSUMERS NOR THE FAIRNESS OF COMMERCIAL TRANSACTIONS IS INCLUDED AMONGST THE EXCEPTIONS SET OUT IN ARTICLE 36 , THOSE GROUNDS CANNOT BE RELIED UPON AS SUCH IN CONNEXION WITH THAT ARTICLE .
10 IN THIS RESPECT , THE COURT HAS REPEATEDLY AFFIRMED ( IN THE JUDGMENTS OF 20 FEBRUARY 1979 IN CASE 120/78 REWE ( 1979 ) ECR 649 , 26 JUNE 1980 IN CASE 788/79 GILLI AND ANDRES ( 1980 ) ECR 2071 , 19 FEBRUARY 1981 IN CASE 130/80 KELDERMAN ( 1981 ) ECR ) THAT ' ' IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF THE PRODUCT IN QUESTION IT IS FOR MEMBER STATES TO REGULATE ALL MATTERS RELATING TO ITS PRODUCTION , DISTRIBUTION AND CONSUMPTION ON THEIR OWN TERRITORY SUBJECT , HOWEVER , TO THE CONDITION THAT THOSE RULES DO NOT PRESENT AN OBSTACLE . . . TO INTRA-COMMUNITY TRADE ' '  AND THAT ' ' IT IS ONLY WHERE NATIONAL RULES , WHICH APPLY WITHOUT DISCRIMINATION TO BOTH DOMESTIC AND IMPORTED PRODUCTS , MAY BE JUSTIFIED AS BEING NECESSARY IN ORDER TO SATISFY IMPERATIVE REQUIREMENTS RELATING IN PARTICULAR TO . . . THE FAIRNESS OF COMMERCIAL TRANSACTIONS AND THE DEFENCE OF THE CONSUMER  THAT THEY MAY CONSTITUTE AN EXCEPTION TO THE REQUIREMENTS ARISING UNDER ARTICLE 30 ' ' .
11 THE ORDERS CONCERNED IN THE PRESENT CASE ARE NOT MEASURES WHICH ARE APPLICABLE TO DOMESTIC PRODUCTS AND TO IMPORTED PRODUCTS WITHOUT DISTINCTION BUT RATHER A SET OF RULES WHICH APPLY ONLY TO IMPORTED PRODUCTS AND ARE THEREFORE DISCRIMINATORY IN NATURE , WITH THE RESULT THAT THE MEASURES IN ISSUE ARE NOT COVERED BY THE DECISIONS CITED ABOVE WHICH RELATE EXCLUSIVELY TO PROVISIONS THAT REGULATE IN A UNIFORM MANNER THE MARKETING OF DOMESTIC PRODUCTS AND IMPORTED PRODUCTS .
Hugues Desmedt v Commission of the European Communities.
Date: 1981-06-25
15 THE SITUATION MIGHT BE DIFFERENT ONLY WHERE THE ADMINISTRATION TAKES AN EXPRESS DECISION TO THE CONTRARY . IT IS NECESSARY TO ADD , MOREOVER , THAT THERE IS NOTHING TO PREVENT THE ADMINISTRATION FROM REINSTATING IN HIS FORMER POSITION , UPON THE EXPIRY OF THE PROBATIONARY PERIOD , A SERVANT FORMERLY SUBJECT TO THE CONDITIONS OF EMPLOYMENT BUT THE POST WOULD THEN BE A NEW ONE AND THUS THERE WOULD BE NO RESUMPTION OF THE PREVIOUS EMPLOYMENT RELATIONSHIP .
Rijksdienst voor Werknemerspensioenen v Giorgio Celestre and others; Nationaal Pensioenfonds voor Mijnwerkers v Jozef Strehl.
Date: 1981-07-02
11 IN ITS JUDGMENT OF 15 OCTOBER 1980 IN CASE 4/80 D ' AMICO ( 1980 ) ECR 2951 THE COURT RULED THAT WHERE A WORKER IS IN RECEIPT OF INVALIDITY BENEFITS CONVERTED INTO AN OLD-AGE PENSION BY VIRTUE OF THE LEGISLATION OF A MEMBER STATE AND OF INVALIDITY BENEFITS NOT YET CONVERTED INTO AN OLD-AGE PENSION UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , THE OLD-AGE PENSION AND THE     INVALIDITY BENEFITS ARE TO BE REGARDED AS BEING OF THE SAME KIND . CONSEQUENTLY , THE PROVISIONS OF CHAPTER 3 OF REGULATION ( EEC ) NO 1408/71 ARE APPLICABLE AND , BY VIRTUE OF THE LAST SENTENCE OF ARTICLE 12 ( 2 ) OF THE REGULATION , THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING IS PRECLUDED .
Rewe-Handelsgesellschaft Nord mbH and Rewe-Markt Steffen v Hauptzollamt Kiel.
Date: 1981-07-07
26 LA MOTIVATION DU REGLEMENT N 3023/77 NE REPOND PAS A CETTE OBLIGATION . ELLE NE FOURNIT EN EFFET AUCUNE EXPLICATION QUANT A LA RAISON POUR LAQUELLE LE CONSEIL , APRES AVOIR CONSTATE QUE LE REGLEMENT N 1544/69 NE TROUVAIT PAS A S ' APPLIQUER DANS LES CIRCONSTANCES EVOQUEES CI-DESSUS ET CE CONTRAIREMENT A UNE PRATIQUE QUI S ' ETAIT INSTAUREE , A CRU NECESSAIRE D ' ETABLIR UN SYSTEME DE FRANCHISE PARTICULIER APPLICABLE A CE TYPE DE SITUATION . UNE TELLE CONTRADICTION DANS LA MOTIVATION EST D ' AUTANT PLUS SERIEUSE QU ' ELLE CONCERNE UNE DISPOSITION QUI AUTORISE LES ETATS MEMBRES A ACCORDER DES FRANCHISES , FUSSENT-ELLES MINIMES , DES DROITS A L ' IMPORTATION , LESQUELS CONSTITUENT UN ELEMENT ESSENTIEL DE LA POLITIQUE AGRICOLE COMMUNE . DANS CES CONDITIONS , LA MOTIVATION NE FOURNIT AUCUN SUPPORT JURIDIQUE AUX DISPOSITIONS REGLEMENTAIRES CONTESTEES DONT IL N ' APPARAIT PAS DES LORS NECESSAIRE D ' EXAMINER LE FOND EN VUE D ' ETABLIR SI ELLES SONT COMPATIBLES AVEC LES REGLES DU MARCHE COMMUN .
43 DE LA MEME FACON , UN JUSTICIABLE NE PEUT SE VOIR OPPOSER PAR UNE AUTORITE NATIONALE DES DISPOSITIONS LEGISLATIVES OU ADMINISTRATIVES QUI NE SERAIENT PAS CONFORMES A UNE OBLIGATION INCONDITIONNELLE ET SUFFISAMMENT PRECISE DE LA DIRECTIVE .
44 EN CE QUI CONCERNE LE DROIT D ' UN OPERATEUR ECONOMIQUE D ' EXIGER EN JUSTICE QUE LES AUTORITES D ' UN ETAT MEMBRE IMPOSENT A DES TIERS LE RESPECT D ' OBLIGATIONS RESULTANT DE LA REGLEMENTATION COMMUNAUTAIRE , DANS UNE SITUATION JURIDIQUE DETERMINEE , ALORS QUE CET OPERATEUR N ' Y EST PAS IMPLIQUE , MAIS EST ECONOMIQUEMENT LESE PAR CETTE INOBSERVATION DU DROIT COMMUNAUTAIRE , IL CONVIENT , EN PREMIER LIEU , DE REMARQUER QUE , SI LE TRAITE A CREE UN CERTAIN NOMBRE D ' ACTIONS DIRECTES QUI PEUVENT ETRE EXERCEES LE CAS ECHEANT PAR DES PERSONNES PRIVEES DEVANT LA COUR DE JUSTICE , IL N ' A PAS ENTENDU CREER DEVANT LES JURIDICTIONS NATIONALES , EN VUE DU MAINTIEN DU DROIT COMMUNAUTAIRE , DES VOIES DE DROIT AUTRES QUE CELLES ETABLIES PAR LE DROIT NATIONAL . PAR CONTRE , LE SYSTEME DE PROTECTION JURIDIQUE MIS EN OEUVRE PAR LE TRAITE , TEL QUE L ' EXPRIME EN PARTICULIER L ' ARTICLE 177 , IMPLIQUE QUE TOUT TYPE D ' ACTION PREVU PAR LE DROIT NATIONAL DOIT POUVOIR ETRE UTILISE POUR ASSURER LE RESPECT DES REGLES COMMUNAUTAIRES D ' EFFET DIRECT DANS LES MEMES CONDITIONS DE RECEVABILITE ET DE PROCEDURE QUE S ' IL S ' AGISSAIT D ' ASSURER LE RESPECT DU DROIT NATIONAL .
Mariette Turner, née Krecké, v Commission of the European Communities.
Date: 1981-07-09
25 THE COMMISSION HAS ADMITTED THAT THAT VACANCY NOTICE WAS IN FACT INTENDED TO SECURE A REPLACEMENT FOR THE APPLICANT IN THE MEDICAL BRANCH . IT ALSO EMERGED DURING THE INQUIRY THAT THE DUTIES PREVIOUSLY PROPOSED TO DR TURNER HAD BEEN SHARED AFTER HER COMPULSORY TRANSFER BY THE HEAD OF THE BRANCH AND A VISITING DOCTOR WORKING PART-TIME WHO WAS ALSO RESPONSIBLE FOR SOME OF THE EXAMINATIONS ON RECRUITMENT AND THAT TOWARDS THE END OF SEPTEMBER 1980 THE VISITING DOCTOR HAD DRAWN UP A ' ' PROPOSAL FOR A MEDICO-SOCIAL UNIT ' '  CONSISTING OF TWO TYPED PAGES . ON THE DATE OF THE ORAL PROCEDURE THAT PROPOSAL HAD STILL NOT RECEIVED THE APPROVAL OF THE HEAD OF THE BRANCH .

THE OBJECT OF THE ACTION
Administration des douanes v Société anonyme Gondrand Frères and Société anonyme Garancini.
Date: 1981-07-09
17 THAT ARGUMENT MUST BE REJECTED . EVEN ASSUMING THAT THE INTERPRETATION ADVOCATED BY THE COMMISSION IS IN ACCORD WITH THE LOGIC OF THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS , NEVERTHELESS IT IS FOR THE COMMUNITY LEGISLATURE TO ADOPT THE APPROPRIATE PROVISIONS . THE PRINCIPLE OF LEGAL CERTAINTY REQUIRES THAT RULES IMPOSING CHARGES ON THE TAXPAYER MUST BE CLEAR AND PRECISE SO THAT HE MAY KNOW WITHOUT AMBIGUITY WHAT ARE HIS RIGHTS AND OBLIGATIONS AND MAY TAKE STEPS ACCORDINGLY .
Summary proceedings agains Sergius Oebel.
Date: 1981-07-14
9 FURTHERMORE , AS THE COURT STATED IN ITS JUDGMENT OF 3 JULY 1979 ( JOINED CASES 185 TO 204/78 VAN DAM ( 1979 ) ECR 2345 , AT P . 2361 ), IT CANNOT BE HELD CONTRARY TO THE PRINCIPLE OF NON-DISCRIMINATION TO APPLY NATIONAL LEGIS-  LATION MERELY BECAUSE OTHER MEMBER STATES ALLEGEDLY APPLY LESS STRICT RULES .
15 HOWEVER , AS THE COURT HAS ALREADY DECLARED IN ITS JUDGMENT OF 8 NOVEMBER 1979 ( CASE 15/79 GROENVELD ( 1979 ) ECR 3409 ), ARTICLE 34 CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION .
Gerhard Züchner v Bayerische Vereinsbank AG.
Date: 1981-07-14
13 THE COURT ALSO STATED , IN ITS JUDGMENT OF 16 DECEMBER 1975 ( JOINED CASES 40 TO 48 , 50 , 54 TO 56 , 111 , 113 AND 114/73 , SUIKER UNIE V COMMISSION ( 1975 ) ECR 1663 , AT P . 1942 ) THAT THE CRITERIA OF COORDINATION AND CO-OPERATION NECESSARY FOR THE EXISTENCE OF A CONCERTED PRACTICE IN NO WAY REQUIRE THE WORKING OUT OF AN ACTUAL ' ' PLAN ' '  BUT MUST BE UNDERSTOOD IN THE LIGHT OF THE CONCEPT INHERENT IN THE PROVISIONS OF THE TREATY RELATING TO COMPETITION , ACCORDING TO WHICH EACH TRADER MUST DETERMINE INDEPENDENTLY THE POLICY WHICH HE INTENDS TO ADOPT ON THE COMMON MARKET AND THE CONDITIONS WHICH HE INTENDS TO OFFER TO HIS CUSTOMERS .
14 ALTHOUGH IT IS CORRECT TO SAY THAT THIS REQUIREMENT OF INDEPENDENCE DOES NOT DEPRIVE TRADERS OF THE RIGHT TO ADAPT THEMSELVES INTELLIGENTLY TO THE EXISTING OR ANTICIPATED CONDUCT OF THEIR COMPETITORS , IT DOES HOWEVER STRICTLY PRECLUDE ANY DIRECT OR INDIRECT CONTRACT BETWEEN SUCH TRADERS , THE OBJECT OR EFFECT OF WHICH IS TO CREATE CONDITIONS OF COMPETITION WHICH DO NOT CORRESPOND TO THE     NORMAL CONDITIONS OF THE MARKET IN QUESTION , REGARD BEING HAD TO THE NATURE OF THE PRODUCTS OR SERVICES OFFERED , THE SIZE AND NUMBER OF THE UNDERTAKINGS AND THE VOLUME OF THE SAID MARKET .