larimo/cjeu-paragraph-retrieval huggingface dataset:
Zentralgenossenschaft des Fleischergewerbes eG (Zentrag) v Hauptzollamt Bochum.
Date: 1984-02-23
13 IN THIS CONNECTION , IT SHOULD BE BORNE IN MIND THAT , AS THE COURT STATED IN ITS JUDGMENT OF 26 JANUARY 1977 IN CASE 49/76 GESELLSCHAFT FUR UBERSEEHANDEL ( 1977 ) ECR 41 , 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 ALTERING THE PRESENTATION OF A 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 .
14 IN THE PRESENT CASE , IT MAY BE ACCEPTED THAT THE OPERATIONS IN QUESTION FACILITATE THE MARKETING OF THE MEAT BY ENABLING IT TO BE SOLD TO THE CONSUMER THROUGH COMMERCIAL UNDERTAKINGS WHICH DO NOT HAVE THEIR OWN BUTCHER . HOWEVER , THESE OPERATIONS DO NOT PRODUCE ANY SUBSTANTIAL CHANGE IN THE PROPERTIES AND THE COMPOSITION OF THE MEAT , AND THEIR MAIN EFFECT IS TO DIVIDE UP THE DIFFERENT PARTS OF A CARCASE ACCORDING TO THEIR QUALITY AND PRE-EXISTING CHARACTERISTICS AND TO ALTER THEIR PRESENTATION FOR THE PURPOSES OF SALE . A CERTAIN INCREASE IN THE TIME FOR WHICH THE MEAT WILL KEEP AND A SLOWING DOWN IN THE MATURING PROCESS DO NOT CONSTITUTE A SUFFICIENTLY PRONOUNCED QUALITATIVE CHANGE IN SUBSTANCE TO SATISFY THE REQUIREMENTS MENTIONED ABOVE . FINALLY , WHILE THE MARKET VALUE OF A WHOLE BEEF QUARTER WHICH UNDERGOES THE OPERATIONS AT ISSUE IS INCREASED , ACCORDING TO THE CALCULATIONS SUPPLIED BY ZENTRAG AT THE HEARING , BY 22% , THAT FACT IS NOT IN ITSELF OF SUCH A NATURE AS TO ENABLE THOSE OPERATIONS TO BE REGARDED AS CONSTITUTING THE MANUFACTURE OF A NEW PRODUCT OR EVEN AN IMPORTANT STAGE OF MANUFACTURE .
Senta Einberger v Hauptzollamt Freiburg.
Date: 1984-02-28
18 THE TWO CHARGES DISPLAY COMPARABLE ESSENTIAL FEATURES SINCE THEY ARISE FROM THE FACT OF IMPORTATION OF GOODS INTO THE COMMUNITY AND THE SUBSEQUENT DISTRIBUTION THEREOF THROUGH THE ECONOMIC CHANNELS OF THE MEMBER STATES AND SINCE EACH CONSTITUTES A COMPONENT OF THE SALE PRICE WHICH IS CALCULATED IN A SIMILAR MANNER BY SUCCESSIVE TRADERS . THEIR PARALLEL NATURE IS CONFIRMED BY THE FACT THAT ARTICLE 10 ( 3 ) OF THE SIXTH DIRECTIVE AUTHORIZES MEMBER STATES TO LINK THE CHARGEABLE EVENT AND THE DATE WHEN THE TURNOVER TAX ON IMPORTATION FALLS DUE WITH THOSE LAID DOWN FOR CUSTOMS DUTIES .
19 MOREOVER , IN THIS CASE , FOR THE PURPOSES OF BOTH CHARGES , THE RELEASE OF THE GOODS IN QUESTION INTO THE ECONOMIC AND COMMERCIAL CHANNELS OF THE COMMUNITY IS BY DEFINITION ABSOLUTELY PRECLUDED .
20 ACCORDINGLY , AS THE COURT HAS ALREADY HELD IN RELATION TO CUSTOMS DUTIES ON IMPORTATION , ILLEGAL IMPORTS OF DRUGS INTO THE COMMUNITY , WHICH CAN GIVE RISE ONLY TO PENALTIES UNDER THE CRIMINAL LAW , ARE WHOLLY ALIEN TO THE PROVISIONS OF THE SIXTH DIRECTIVE ON THE DEFINITION OF THE BASIS OF ASSESSMENT AND , IN CONSEQUENCE , TO THE ORIGINATION OF A TURNOVER TAX DEBT .
Rewe-Zentral AG v Direktor der Landwirtschaftskammer Rheinland.
Date: 1984-02-29
18 ALTHOUGH IT IS TRUE , AS THE COMMISSION EMPHASIZED IN ITS OBSERVATIONS , THAT ARTICLES 30 TO 36 OF THE TREATY APPLY PRIMARILY TO UNILATERAL MEASURES ADOPTED BY THE MEMBER STATES , THE COMMUNITY INSTITUTIONS THEMSELVES MUST     ALSO HAVE DUE REGARD TO FREEDOM OF TRADE WITHIN THE COMMUNITY , WHICH IS A FUNDAMENTAL PRINCIPLE OF THE COMMON MARKET .
19 NEVERTHELESS IS MUST BE STATED THAT DIRECTIVE NO 77/93 IS NOT INTENDED TO HINDER INTRA-COMMUNITY TRADE . ON THE CONTRARY IT SEEKS TO ACHIEVE THE GRADUAL ABOLITION OF MEASURES WHICH WERE ADOPTED UNILATERALLY BY THE MEMBER STATES AND WERE , AT THE TIME , JUSTIFIED IN PRINCIPLE BY ARTICLE 36 OF THE TREATY , AS THE COURT RECOGNIZED IN ITS PRELIMINARY RULING OF 8 JULY 1975 ON QUESTIONS REFERRED TO IT IN AN EARLIER DISPUTE BETWEEN THE PARTIES TO THE MAIN PROCEEDINGS IN THIS CASE ( CASE 4/75 ( 1975 ) ECR 843 ). AT THE SAME TIME , THE DIRECTIVE SEEKS TO STRENGTHEN , IN THE GENERAL INTEREST OF THE COMMUNITY , THE PROTECTION OF AGRICULTURAL PRODUCTS AGAINST THE SUBSTANTIAL DAMAGE WHICH MAY BE CAUSED BY HARMFUL ORGANISMS .
20 IT MUST BE RECOGNIZED THAT IN THE EXERCISE OF THE POWERS CONFERRED ON THEM IN THIS RESPECT BY ARTICLES 43 AND 100 OF THE TREATY , THE COMMUNITY INSTITUTIONS HAVE A DISCRETION IN PARTICULAR WITH REGARD TO THE POSSIBILITY OF PROCEEDING TOWARDS HARMONIZATION ONLY IN STAGES AND OF REQUIRING ONLY THE GRADUAL ABOLITION OF UNILATERAL MEASURES ADOPTED BY THE MEMBER STATES . IN VIEW OF THE PARTICULAR NATURE OF THE PROBLEM AS DESCRIBED IN THE AFOREMENTIONED RECITALS IN THE PREAMBLE TO THE DIRECTIVE AND IN VIEW OF THE VERY INCOMPLETE NATURE OF THE HARMONIZATION EFFECTED THEREBY , IT HAS BY NO MEANS BEEN SHOWN THAT THE COUNCIL , BY PERMITTING IN THE CONTESTED PROVISION INSPECTION BY SAMPLING OF UP TO ONE-THIRD OF CONSIGNMENTS , HAS EXCEEDED THE LIMITS OF ITS DISCRETIONARY POWER .
Srl CILFIT and others and Lanificio di Gavardo SpA v Ministero della sanità.
Date: 1984-02-29
7 SINCE THERE ARE NO COMMUNITY PROVISIONS EXPLAINING THE CONCEPTS CONTAINED IN ANNEX II TO THE TREATY AND THAT ANNEX ADOPTS WORD FOR WORD CERTAIN HEADINGS OF THE COMMON CUSTOMS TARIFF , IT IS APPROPRIATE TO REFER TO THE ESTABLISHED INTERPRETATIONS AND METHODS OF INTERPRETATION RELATING TO THE COMMON CUSTOMS TARIFF IN ORDER TO INTERPRET THE ANNEX . ANNEX II ITSELF REFERS MOREOVER TO THE HEADINGS AND SUBHEADINGS OF THE TARIFF TO IDENTIFY THE PRODUCTS LISTED .
Metalgoi SpA v Commission of the European Communities.
Date: 1984-03-01
12 AS REGARDS THE SUBMISSION THAT THE APPLICANT EXPORTED ITS PRODUCTION OUTSIDE THE COMMUNITY , IT NEED ONLY BE POINTED OUT , AS THE COURT HAS ALREADY HAD OCCASION TO DO , THAT THE PRODUCTION RESTRICTIONS PROVIDED FOR BY DECISION NO 2794/80 ARE NOT CONFINED TO STEEL DISPOSED OF WITHIN THE COMMON MARKET BUT ALSO APPLY TO QUANTITIES DESTINED FOR EXPORT , PARTLY BECAUSE OF THE NEED TO ENSURE THAT THE INTERNATIONAL AGREEMENTS ENTERED INTO BY THE COMMUNITY ARE COMPLIED WITH AND PARTLY BECAUSE OF THE DANGER THAT EXPORTED STEEL MIGHT FIND ITS WAY BACK ON TO THE COMMON MARKET ( FOR THE COURT ' S MOST RECENT JUDGMENT , SEE THAT OF 11 MAY 1983 IN CASE 24/81 , KLOCKNER , ( 1983 ) ECR 1451 , PARA . 4 ). THIS SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
Criminal proceedings against Karl Prantl.
Date: 1984-03-13
28 IN THIS REGARD THE ARGUMENTS ADVANCED BEFORE THE COURT HAVE REVEALED THAT BOTTLES WHICH ARE IDENTICAL IN SHAPE TO THE BOCKSBEUTEL BOTTLE OR DIFFER FROM IT ONLY IN WAYS IMPERCEPTIBLE TO THE CONSUMER ARE TRADITIONALLY USED TO MARKET WINES ORIGINATING IN CERTAIN REGIONS OF ITALY . AN EXCLUSIVE RIGHT TO USE A CERTAIN TYPE OF BOTTLE GRANTED BY NATIONAL LEGISLATION IN A MEMBER STATE MAY NOT THEREFORE BE USED AS A BAR TO IMPORTS OF WINES ORIGINATING IN ANOTHER MEMBER STATE PUT UP IN BOTTLES OF THE SAME OR SIMILAR SHAPE IN ACCORDANCE WITH A FAIR AND TRADITIONAL PRACTICE OBSERVED IN THAT MEMBER STATE .
Ente Italiano di Servizio Sociale (EISS) v Commission of the European Communities.
Date: 1984-03-15
15 IT FOLLOWS THAT THIS PROCEDURE CREATES A FINANCIAL RELATIONSHIP BETWEEN THE COMMISSION AND THE MEMBER STATE ON THE ONE HAND AND BETWEEN THAT MEMBER STATE AND THE INSTITUTION WHICH IS THE RECIPIENT OF THE FINANCIAL ASSISTANCE ON THE OTHER .
Sandro Forcheri v Commission of the European Communities.
Date: 1984-03-15
12 IN VIEW OF THOSE ARGUMENTS IT MUST BE POINTED OUT IN THE FIRST PLACE THAT IN AN ACTION BROUGHT BY AN OFFICIAL UNDER ARTICLE 179 OF THE EEC TREATY THE COURT CANNOT DETERMINE WHETHER OR NOT A MEMBER STATE HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY OR RULE WHETHER THE COMMISSION HAS PROPERLY DISCHARGED THE SUPERVISORY DUTIES INCUMBENT UPON IT UNDER INTER ALIA ARTICLE 155 OF THE EEC TREATY . IN THE PRESENT CASE THEREFORE , IT IS SOLELY A     QUESTION OF DECIDING WHETHER THE COMMISSION , AS THE APPOINTING AUTHORITY , HAS FAILED IN ITS DUTY TO PROVIDE ASSISTANCE TO AN OFFICIAL WHO IS ALLEGING THAT A MEMBER STATE INFRINGED THE RIGHTS CONFERRED ON HIM IN THE INTERESTS OF THE COMMUNITIES BY HIS STATUS AS AN OFFICIAL . IT IS ONLY IN VIEW OF THAT QUESTION THAT IT MAY POSSIBLY BE NECESSARY TO EXAMINE THE NATIONAL MEASURES FIRST .
C. Razzouk and A. Beydoun v Commission of the European Communities.
Date: 1984-03-20
9 IT MUST BE POINTED OUT IN THIS CONNECTION , AS THE COURT DID IN ITS JUDGMENT OF 1 JULY 1976 ( CASE 58/75 , SERGY V COMMISSION , ( 1976 ) ECR 1139 ), THAT , ALTHOUGH A COMPLAINT THROUGH ADMINISTRATIVE CHANNELS IS AN INDISPENSABLE PRELIMINARY TO BRINGING AN ACTION AGAINST AN ACT ADVERSELY AFFECTING A PERSON TO WHOM THE STAFF REGULATIONS APPLY , IT IS NOT THE FUNCTION OF THAT COMPLAINT TO BIND STRICTLY AND ABSOLUTELY THE JUDICIAL STAGE OF THE PROCEEDINGS , PROVIDED THAT THE CLAIMS SUBMITTED AT THIS LATTER STAGE CHANGE NEITHER THE CAUSE NOR THE OBJECT OF THE COMPLAINT . GRANTED THAT THE PENSION CONTRIBUTIONS ARE FIXED AT THE SAME PERCENTAGE OF BASIC SALARY FOR BOTH MALE AND FEMALE OFFICIALS , A CLAIM FOR REIMBURSEMENT OF A PART OF THOSE CONTRIBUTIONS IS NO MORE THAN THE LOGICAL CONSEQUENCE OF THE COMMISSION ' S REFUSAL TO GRANT A WIDOWER ' S PENSION ON THE SAME CONDITIONS AS IT GRANTS WIDOW ' S PENSIONS . THIS CLAIM IS THEREFORE ADMISSIBLE BECAUSE IT IS EMBODIED IN THE PRINCIPAL CLAIM .

MR BEYDOUN ' S APPLICATION
16 THE APPLICANT IS THEREFORE JUSTIFIED IN HIS SUBMISSION THAT THESE PROVISIONS ARE CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT OF BOTH SEXES , A PRINCIPLE WHICH , AS THE COURT HELD IN ITS JUDGMENT OF 15 JUNE 1978 ( CASE 149/77 , DEFRENNE V SABENA , ( 1978 ) ECR 1365 ), FORMS PART OF THE FUNDAMENTAL RIGHTS THE OBSERVANCE OF WHICH THE COURT HAS A DUTY TO ENSURE .
Michael Paterson and others v W. Weddel & Company Limited and others.
Date: 1984-03-22
16 IN ADDITION , THAT CONCLUSION NECESSARILY FOLLOWS FROM THE FACT THAT SINCE ARTICLE 14A ( 2 ) ENVISAGES DEROGATIONS FROM THE GENERAL RULES CONTAINED IN REGULATION NO 543/69 , IT CANNOT BE INTERPRETED SO AS TO EXTEND ITS EFFECTS FURTHER THAN IS NECESSARY FOR THE PROTECTION OF THE INTERESTS WHICH IT IS INTENDED TO SAFEGUARD .
Commission of the European Communities v Italian Republic.
Date: 1984-03-27
12 IN THAT CONTEXT IT SHOULD BE NOTED IN THE FIRST PLACE THAT , AT THE PRESENT STAGE OF THE DEVELOPMENT OF COMMUNITY LAW , IT IS THE RESPONSIBILITY OF MEMBER STATES TO ENSURE ROAD SAFETY WITHIN THEIR TERRITORIES AND TO ARRANGE FOR SUCH ROADWORTHINESS TESTS AS THEY CONSIDER NECESSARY FOR THAT PURPOSE . HOWEVER , IF SUCH REQUIREMENTS ARE TO JUSTIFY RESTRICTIONS ON IMPORTS , THEY MUST BE NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE IN VIEW .
Compagnie Royale Asturienne des Mines SA and Rheinzink GmbH v Commission of the European Communities.
Date: 1984-03-28
9 THE COMMISSION ' S ARGUMENT MUST BE ACCEPTED . RHEINZINK HAS NOT CONTESTED THAT NOT ONLY IS IT THE LEGAL SUCCESSOR OF RHEINISCHES ZINKWALZWERK GMBH & CO ., BUT IT HAS CONTINUED THE ECONOMIC ACTIVITIES OF THAT COMPANY . FOR THE PURPOSES OF ARTICLE 85 OF THE TREATY , A CHANGE IN THE LEGAL FORM AND NAME OF AN UNDERTAKING DOES NOT CREATE A NEW UNDERTAKING FREE OF LIABILITY FOR THE ANTI-COMPETITIVE BEHAVIOUR OF ITS PREDECESSOR , WHEN , FROM AN ECONOMIC POINT OF VIEW , THE TWO ARE IDENTICAL .

A - THE CONCERTED ACTION
16 THE COMMISSION ' S REASONING IS BASED ON THE SUPPOSITION THAT THE FACTS ESTABLISHED CANNOT BE EXPLAINED OTHER THAN BY CONCERTED ACTION BY THE TWO UNDERTAKINGS . FACED WITH SUCH AN ARGUMENT , IT IS SUFFICIENT FOR THE APPLICANTS TO PROVE CIRCUMSTANCES WHICH CAST THE FACTS ESTABLISHED BY THE COMMISSION IN A DIFFERENT LIGHT AND WHICH THUS ALLOW ANOTHER EXPLANATION OF THE FACTS TO BE SUBSTITUTED FOR THE ONE ADOPTED BY THE CONTESTED DECISION .
20 IT FOLLOWS FROM THE FOREGOING THAT THE COMMISSION HAS NOT PRODUCED SUFFICIENTLY PRECISE AND COHERENT PROOF TO JUSTIFY THE VIEW THAT THE PARALLEL BEHAVIOUR OF THE TWO UNDERTAKINGS IN QUESTION WAS THE RESULT OF CONCERTED ACTION BY THEM .
26 THOSE ARGUMENTS CANNOT BE ACCEPTED . IN ORDER TO DETERMINE WHETHER AN AGREEMENT HAS AS ITS OBJECT THE RESTRICTION OF COMPETITION , IT IS NOT NECESSARY     TO INQUIRE WHICH OF THE TWO CONTRACTING PARTIES TOOK THE INITIATIVE IN INSERTING ANY PARTICULAR CLAUSE OR TO VERIFY THAT THE PARTIES HAD A COMMON INTENT AT THE TIME WHEN THE AGREEMENT WAS CONCLUDED . IT IS RATHER A QUESTION OF EXAMINING THE AIMS PURSUED BY THE AGREEMENT AS SUCH , IN THE LIGHT OF THE ECONOMIC CONTEXT IN WHICH THE AGREEMENT IS TO BE APPLIED .
Pluimveeslachterij Midden-Nederland BV and Pluimveeslachterij C. Van Miert BV.
Date: 1984-03-28
17 IN ORDER TO ANSWER THE QUESTION RAISED BY THE COLLEGE VAN BEROEP IT SHOULD FIRST BE RECALLED THAT THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT , AS AT PRESENT LAID DOWN IN REGULATION NO 2777/75 , IS BASED ON A SET OF MEASURES DESIGNED TO STABILIZE THE MARKET AND ENSURE FAIR PRICES WITHOUT RESORT TO INTERVENTION MEASURES OF THE KIND PROVIDED FOR IN OTHER AGRICULTURAL MARKETS . ACCORDING TO ARTICLE 2 , SUPPLY IS TO BE ADJUSTED TO MARKET REQUIREMENTS BY MEANS OF A SET OF MEASURES DESIGNED TO PROMOTE BETTER ORGANIZATION OF PRODUCTION , PROCESSING AND MARKETING , TO IMPROVE QUALITY AND TO FACILITATE THE ESTABLISHMENT OF MARKET FORECASTS AND THE RECORDING OF PRICE TRENDS .
28 FINALLY , IF FREE TRADE IS RESTRICTED BY THE DIFFERENCES BETWEEN THE NATIONAL RULES OR THE ABSENCE OF MEASURES FOR ENSURING APPROPRIATE QUALITY CONTROL LEADS TO ECONOMIC DISTURBANCES IN THE MARKET SECTOR IN QUESTION , THE COUNCIL ' S FAILURE TO ACT CANNOT DISCHARGE THE COMMISSION FROM ITS DUTY TO TAKE THE NECESSARY STEPS , USING ITS POWERS UNDER ARTICLE 155 OF THE TREATY , TO ENSURE THAT THE PRODUCTS COVERED BY THE ORGANIZATION OF THE MARKET CAN MOVE FREELY WITHIN THE COMMUNITY UNDER CONDITIONS CONSISTENT WITH THE AIMS OF THAT ORGANIZATION .
Criminal proceedings against Jan van de Haar and Kaveka de Meern BV.
Date: 1984-04-05
14 THE REPLY TO THE FIRST AND SECOND QUESTIONS MUST THEREFORE BE THAT ARTICLE 30 OF THE TREATY , WHICH SEEKS TO ELIMINATE NATIONAL MEASURES CAPABLE OF HINDERING TRADE BETWEEN MEMBER STATES , PURSUES AN AIM DIFFERENT FROM THAT OF ARTICLE 85 , WHICH SEEKS TO MAINTAIN EFFECTIVE COMPETITION BETWEEN UNDERTAKINGS . A COURT CALLED UPON TO CONSIDER WHETHER NATIONAL LEGISLATION IS COMPATIBLE WITH ARTICLE 30 OF THE TREATY MUST DECIDE WHETHER THE MEASURE IN QUESTION IS CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE . THAT MAY BE THE CASE EVEN THOUGH THE HINDRANCE IS SLIGHT AND EVEN THOUGH IT IS POSSIBLE FOR IMPORTED PRODUCTS TO BE MARKETED IN OTHER WAYS .

THIRD AND FOURTH QUESTIONS
Commission of the European Communities v Kingdom of Belgium.
Date: 1984-04-10
12 THAT SUBMISSION CANNOT BE ACCEPTED . THE PERIOD REFERRED TO IN ARTICLE 27 ( 2 ) AND ( 3 ) OF THE DIRECTIVE AND THE PERIOD RESULTING FROM THE COURT ' S INTERPRETATION OF ARTICLE 93 OF THE EEC TREATY CONCERN VERY SPECIFIC SITUTIONS . THE FIRST CASE INVOLVES THE EXAMINATION OF AN APPLICATION TO DEROGATE FROM THE PROVISIONS OF THE DIRECTIVE AND THE SECOND A PROCEDURE WHICH IN PART DEROGATES EXPRESSLY FROM THE PROCEDURE LAID DOWN IN ARTICLE 169 OF THE TREATY . IN THE ABSENCE OF SUCH A DEROGATION FOR MEASURES RETAINED UNDER ARTICLE 27 ( 5 ) OF THE DIRECTIVE , THE RULES CONTAINED IN ARTICLE 169 OF THE TREATY MUST BE APPLIED AND THE COMMISSION IS NOT OBLIGED TO ACT WITHIN A SPECIFIC PERIOD . THE COMMISSION HAS EXPLAINED THAT IN THE PRESENT CASE , EXERCISING THE DISCRETION ACCORDED TO IT BY ARTICLE 169 OF THE TREATY , IT DECIDED THAT IT SHOULD POSTPONE EXAMINING THE COMPATIBILITY OF THE BELGIAN MEASURES IN QUESTION UNTIL THE DIRECTIVE WAS IN FORCE IN ALL THE MEMBER STATES . IN SO DOING IT DID NOT EXERCISE ITS DISCRETION IN A MANNER CONTRARY TO THE TREATY .
28 FOR THE RETENTION OF SUCH MEASURES , ARTICLE 27 ( 5 ) LAYS DOWN THE PROCEDURAL REQUIREMENT THAT MEMBER STATES MUST NOTIFY THEM TO THE COMMISSION . THAT REQUIREMENT WAS DULY SATISFIED BY THE KINGDOM OF BELGIUM .
29 IT SHOULD , HOWEVER , BE NOTED THAT THE MEASURES NOTIFIED MUST BE OF SUCH A NATURE AS TO PREVENT TAX EVASION OR AVOIDANCE AND THAT IN PRINCIPLE THEY MAY NOT DEROGATE FROM THE BASIS FOR CHARGING VAT LAID DOWN IN ARTICLE 11 , EXCEPT WITHIN THE LIMITS STRICTLY NECESSARY FOR ACHIEVING THAT AIM .
31 HOWEVER , BY APPLYING TO ALL NEW CARS THE CATALOGUE PRICES NOTIFIED TO THE BELGIAN AUTHORITIES , THE BELGIAN LEGISLATION ENTAILS SUCH A COMPLETE AND GENERAL AMENDMENT OF THE BASIS OF ASSESSMENT THAT IT IS IMPOSSIBLE TO ACCEPT     THAT IT CONTAINS ONLY THE DEROGATIONS NEEDED TO AVOID THE RISK OF TAX EVASION OR AVOIDANCE . IN PARTICULAR , IT HAS NOT BEEN PROVED THAT , IN ORDER TO ATTAIN THE AIM IN VIEW , IT IS NECESSARY THAT THE TAXABLE AMOUNT SHOULD BE FIXED ON THE BASIS OF THE BELGIAN CATALOGUE PRICE OR THAT THE TAKING INTO ACCOUNT OF ANY FORM OF PRICE DISCOUNT OR REBATE SHOULD BE EXCLUDED IN SUCH A COMPREHENSIVE MANNER .
Dorit Harz v Deutsche Tradax GmbH.
Date: 1984-04-10
26 HOWEVER , THE MEMBER STATES '  OBLIGATION ARISING FROM A DIRECTIVE TO ACHIEVE THE RESULT ENVISAGED BY THE DIRECTIVE AND THEIR DUTY UNDER ARTICLE 5 OF THE TREATY TO TAKE ALL APPROPRIATE MEASURES , WHETHER GENERAL OR PARTICULAR , TO ENSURE THE FULFILMENT OF THAT OBLIGATION , IS BINDING ON ALL THE AUTHORITIES OF MEMBER STATES INCLUDING , FOR MATTERS WITHIN THEIR JURISDICTION , THE COURTS . IT FOLLOWS THAT , IN APPLYING NATIONAL LAW AND IN PARTICULAR THE PROVISIONS OF A NATIONAL LAW SPECIFICALLY INTRODUCED IN ORDER TO IMPLEMENT DIRECTIVE NO 76/207 , THE NATIONAL COURT IS REQUIRED TO INTERPRET ITS NATIONAL LAW IN THE LIGHT OF THE WORDING AND THE PURPOSE OF THE DIRECTIVE IN ORDER TO ACHIEVE THE RESULT REFERRED TO IN THE THIRD PARAGRAPH OF ARTICLE 189 .
Grand Duchy of Luxembourg v European Parliament.
Date: 1984-04-10
26 IN THE PARLIAMENT ' S VIEW , IT HAS , ' ' AS THE COURT CONFIRMED IN CASE 230/81 ( AT PARAGRAPH 39 OF ITS DECISION ) . . ., AN INHERENT RIGHT , INDEPENDENT OF THE POWERS OF THE GOVERNMENTS OF THE MEMBER STATES , TO DISCUSS ANY QUESTION CONCERNING THE COMMUNITIES , TO ADOPT RESOLUTIONS ON SUCH QUESTIONS . . . CONSEQUENTLY , THE MERE FACT THAT IT ADOPTS A RESOLUTION ON A QUESTION WHICH MIGHT CONCERN THE MEMBER STATES CANNOT CONSTITUTE AN INFRINGEMENT OF THE POWERS OF THE MEMBER STATES ' ' .
Société à responsabilité limitée Unifrex v Commission and Council of the European Communities.
Date: 1984-04-12
11 AN ESTABLISHED BODY OF THE CASE-LAW OF THE COURT OF JUSTICE SHOWS THAT THE ACTION FOR DAMAGES , PURSUANT TO ARTICLES 178 AND 215 OF THE TREATY , WAS SET UP AS AN INDEPENDENT ACTION , HAVING ITS OWN PARTICULAR PLACE IN THE SYSTEM OF MEANS OF REDRESS AND SUBJECT TO CONDITIONS FOR ITS USE FORMULATED IN THE LIGHT OF ITS SPECIFIC PURPOSE . IT MUST NEVERTHELESS BE VIEWED IN THE CONTEXT OF THE ENTIRE SYSTEM ESTABLISHED BY THE TREATY FOR THE JUDICIAL PROTECTION OF THE INDIVIDUAL . WHERE AN INDIVIDUAL CONSIDERS THAT HE HAS BEEN INJURED BY THE APPLICATION OF A COMMUNITY LEGISLATIVE MEASURE THAT HE CONSIDERS ILLEGAL , HE MAY , WHEN THE IMPLEMENTATION OF THE MEASURE IS LEFT TO THE NATIONAL AUTHORITIES , CONTEST THE VALIDITY OF THE MEASURE , WHEN IT IS IMPLEMENTED , BEFORE A NATIONAL COURT IN AN ACTION AGAINST THE NATIONAL AUTHORITIES . THAT COURT MAY , OR EVEN MUST , AS PROVIDED FOR IN ARTICLE 177 , REFER THE QUESTION OF THE VALIDITY OF THE COMMUNITY MEASURE IN DISPUTE TO THE COURT OF JUSTICE . HOWEVER , THE EXISTENCE OF SUCH A MEANS OF REDRESS WILL BE CAPABLE OF ENSURING THE EFFECTIVE PROTECTION OF THE INDIVIDUALS CONCERNED ONLY IF IT MAY RESULT IN MAKING GOOD THE ALLEGED DAMAGE .
Wünsche Handelsgesellschaft GmbH & Co. v Federal Republic of Germany.
Date: 1984-04-12
21 IN THE LIGTH OF ALL THOSE FACTORS , THE CONCLUSION MUST THEREFORE BE DRAWN THAT IT DOES NOT APPEAR THAT THE COMMISSION , IN ASSESSING THE STATE OF THE MARKET , COMMITTED ANY SERIOUS AND MANIFEST ERROR SUCH AS MIGHT INVALIDATE REGULATION NO 3429/80 .
23 IT SHOULD BE RECALLED IN THAT REGARD THAT , AS THE COMMISSION HAS POINTED OUT , THE COURT , IN ITS JUDGMENT OF 13 MAY 1971 IN A CASE CONCERNING PROTECTIVE MEASURES ON THE IMPORTATION OF DESSERT APPLES ( JOINED CASES 41 TO 44/70 INTERNATIONAL FRUIT COMPANY NV AND OTHERS V COMMISSION ( 1971 ) ECR 411 , AT P . 427 ), HELD AS FOLLOWS : ' ' 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 ' ' .
24 ARTICLE 2 ( 1 ) OF REGULATION NO 3429/80 PROVIDES : ' ' APPLICATIONS FOR IMPORT LICENCES SHALL BE ACCEPTED FOR PRESERVED MUSHROOMS FOR UP TO 26% OF THE QUANTITIES FOR WHICH IMPORT LICENCES WERE ISSUED DURING THE FIRST 11 MONTHS OF 1980 FOR PRODUCTS FROM EACH SUPPLIER COUNTRY IN THE MEMBER STATE IN WHICH     THE LICENCE APPLICATION IS MADE . ' '  IT IS CLEAR THEREFORE THAT THE COMMISSION SELECTED IN THIS PARTICULAR CASE A PROTECTIVE MEASURE WHICH IN SUBSTANCE AMOUNTED TO A ' ' PARTIAL DISCONTINUATION OF THE ISSUE OF CERTIFICATES ' ' .
25 THE MEASURE IN QUESTION IS FORMULATED IN A MANNER VERY SIMILAR TO THE MEASURE ENVISAGED BY THE FIRST INDENT OF ARTICLE 2 ( 1 ) OF REGULATION NO 521/77 , EXCEPT THAT THE POSSIBILITY REMAINS OF ISSUING IMPORT CERTIFICATES AGAINST PAYMENT OF AN ADDITIONAL AMOUNT . THAT POSSIBILITY , EVEN THOUGH IT HAS VERY LIMITED PRACTICAL IMPORTANCE OWING TO THE LEVEL AT WHICH THE ADDITIONAL AMOUNT IS FIXED , ENTAILS A LESSER DEGREE OF RESTRICTION THAN THE ABSENCE OF ANY POSSIBILITY OF ISSUING CERTIFICATES .
Zuckerfabrik Franken GmbH v Hauptzollamt Würzburg.
Date: 1984-05-15
13 IT IS APPROPRIATE TO STATE THAT , ACCORDING TO ARTICLE 8 ( 3 ) OF THE BASIC REGULATION , NO 3380/74 , IT IS FOR THE COUNCIL TO ADOPT THE GENERAL RULES FOR THE     IMPLEMENTATION OF THAT ARTICLE , WHILST THE ADOPTION OF THE DETAILED RULES FOR ITS IMPLEMENTATION IS A MATTER FOR THE COMMISSION . THAT PROVISION MUST BE UNDERSTOOD AS MEANING THAT , IN THE EXERCISE OF ITS POWERS , THE COMMISSION IS AUTHORIZED TO ADOPT ALL THE MEASURES WHICH ARE NECESSARY OR APPROPRIATE FOR THE IMPLEMENTATION OF THE BASIC LEGISLATION , PROVIDED THAT THEY ARE NOT CONTRARY TO SUCH LEGISLATION OR TO THE IMPLEMENTING LEGISLATION ADOPTED BY THE COUNCIL .
26 IT MUST BE EMPHASIZED , MOREOVER , THAT FINANCIAL NEUTRALITY - THE PRINCIPLE ON WHICH THE SYSTEM FOR OFFSETTING STORAGE COSTS IS BASED - IS ACHIEVED PRECISELY BY THE FACT THAT STORAGE COSTS ARE REIMBURSED ONLY IN RESPECT OF PRODUCTS ON WHICH A LEVY MAY BE COLLECTED FOLLOWING THEIR DISPOSAL AND , CONVERSELY , BY THE FACT THAT A LEVY IS COLLECTED ONLY IN RESPECT OF PRODUCTS WHICH ARE CAPABLE OF QUALIFYING FOR THE REIMBURSEMENT OF STORAGE COSTS , WITHOUT THERE BEING ANY NEED FOR SUCH A REIMBURSEMENT ACTUALLY TO BE MADE IN RESPECT OF THE PRODUCT IN QUESTION . THAT PRINCIPLE IS COMPLIED WITH WHERE THE PRODUCTS SUBJECT TO THE LEVY ARE CAPABLE OF QUALIFYING FOR REIMBURSEMENT OF STORAGE COSTS AT ANY MANUFACTURING STAGE ; SUCH A STAGE MAY BE DIFFERENT FROM THAT AT WHICH THE LEVY IS COLLECTED .
Pakvries BV v Minister van Landbouw en Visserij.
Date: 1984-05-16
11 ACCORDING TO ARTICLE 233 OF THE EEC TREATY , THE PROVISIONS OF COMMUNITY LAW ARE NOT TO PRECLUDE THE EXISTENCE OR COMPLETION OF THE UNION BETWEEN BELGIUM , LUXEMBOURG AND THE NETHERLANDS TO THE EXTENT TO WHICH THE OBJECTIVES OF THAT UNION ARE NOT ATTAINED BY APPLICATION OF THE TREATY . THE AIM OF THAT PROVISION IS TO PREVENT THE APPLICATION OF COMMUNITY LAW FROM CAUSING THE DISINTEGRATION OF THE REGIONAL UNION ESTABLISHED BETWEEN THOSE THREE MEMBER STATES OR FROM HINDERING ITS DEVELOPMENT . IT THEREFORE ENABLES THE THREE MEMBER STATES CONCERNED TO APPLY , IN DEROGATION FROM THE COMMUNITY RULES , THE RULES IN FORCE WITHIN THEIR UNION IN SO FAR AS IT IS FURTHER ADVANCED THAN THE COMMON MARKET .