larimo/cjeu-paragraph-retrieval huggingface dataset:
Richard Kuhner v Commission of the European Communities.
Date: 1980-05-28
9 ALTHOUGH THE COURSE OF BRINGING A SECOND ACTION AGAINST AN EXPRESS DECISION REJECTING AN OFFICIAL ' S COMPLAINT AFTER THE TIME-LIMIT FOR SO DOING HAS EXPIRED ORIGINATES IN THE COMMISSION ' S BAD PRACTICE OF NOT REPLYING TO OFFICIALS '      COMPLAINTS WITHIN THE PERIOD OF FOUR MONTHS PRESCRIBED BY ARTICLE 90 OF THE STAFF REGULATIONS , IT IS NONE THE LESS TRUE THAT , ALTHOUGH AN EXPRESS DECISION WHICH PURELY AND SIMPLY REJECTS A COMPLAINT MAY DISCLOSE THE GROUNDS FOR THIS REJECTION , IT ONLY CONFIRMS THE IMPLIED DECISION WHICH PRECEDED IT . IT IS MOREOVER NECESSARY TO POINT OUT THAT EVERY DECISION PURELY AND SIMPLY REJECTING A COMPLAINT , WHETHER IT BE EXPRESS OR IMPLIED , ONLY CONFIRMS THE ACT OR FAILURE TO ACT TO WHICH THE COMPLAINANT TAKES EXCEPTION AND IS NOT , BY ITSELF , A DECISION WHICH MAY BE CHALLENGED . IT IS ONLY WHEN THIS DECISION UPHOLDS ALL OR PART OF THE COMPLAINT OF THE PERSON CONCERNED THAT IT WILL , IN APPROPRIATE CIRCUMSTANCES , CONSTITUTE BY ITSELF A DECISION AGAINST WHICH AN ACTION CAN BE BROUGHT .
22 WITH REGARD TO THE BREACH OF THE ' ' FURSORGEPFLICHT ' '  ( DUTY TO LOOK AFTER THE WELL-BEING OF OFFICIALS ) IT SHOULD BE NOTED THAT , ALTHOUGH THIS CONCEPT IS NOT MENTIONED IN THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , IT REFLECTS THE BALANCE OF THE RECIPROCAL RIGHTS AND OBLIGATIONS ESTABLISHED BY THE STAFF REGULATIONS IN THE RELATIONSHIP BETWEEN THE OFFICIAL AUTHORITY AND THE CIVIL SERVANTS . A PARTICULAR CONSEQUENCE OF THIS BALANCE IS THAT WHEN THE OFFICIAL AUTHORITY TAKES A DECISION CONCERNING THE SITUATION OF AN OFFICIAL , IN THIS CASE HIS ASSIGNMENT TO A SPECIFIC POST , IT SHOULD TAKE INTO CONSIDERATION ALL THE FACTORS WHICH MAY AFFECT ITS DECISION AND THAT WHEN DOING SO IT SHOULD TAKE INTO ACCOUNT NOT ONLY THE INTERESTS OF THE SERVICE BUT ALSO THOSE OF THE INDIVIDUAL CONCERNED .
23 EXAMINATION OF THE FILE ON THE CASE AND OF THE MATTERS TO BE TAKEN INTO CONSIDERATION WHICH EMERGED FROM THE WRITTEN AND ALSO FROM THE ORAL PROCEDURE HAVE BROUGHT TO LIGHT NO FACTOR OF SUCH A KIND AS TO RAISE A PRESUMPTION THAT THE COMMISSION FAILED TO CARRY OUT A COMPREHENSIVE EXAMINATION OF ALL THE DETERMINATIVE FACTORS INCLUDING THOSE RELATING TO THE PERSONAL SITUATION OF THE APPLICANT BEFORE ASSIGNING HIM TO HIS PRESENT DUTIES . IN PARTICULAR THERE IS NO REASON TO SUPPOSE THAT , BY APPOINTING ANOTHER OFFICIAL , WHO HAD ALSO PREVIOUSLY DIRECTED A SPECIAL DEPARTMENT TO DIRECT THE     DEPARTMENTS WHICH HAD BEEN MERGED , THE COMMISSION ALLOWED ITSELF TO BE INFLUENCED BY REASONS UNCONNECTED WITH THE PRINCIPLES OF JUSTICE AND OF GOOD ADMINISTRATION . MOREOVER ACCORDING TO THE CONSISTENT CASE-LAW IF THE APPOINTING AUTHORITY MAKES A CHOICE FROM SEVERAL OFFICIALS HAVING THE SAME QUALIFICATIONS , IT DOES NOT , IN SO FAR AS CONCERNS THE OFFICIAL WHICH IT HAS NOT SELECTED , HAVE TO JUSTIFY ITS REASONS FOR DECIDING THAT HIS COMPETITOR WAS MORE SUITED THAN HE WAS TO MEETING THE REQUIREMENTS OF THE DUTIES IN QUESTION .

FOURTH SUBMISSION
Dominique Noëlle Oberthür v Commission of the European Communities.
Date: 1980-06-05
14 NEVERTHELESS SINCE THIS CASE INVOLVES PROCEEDINGS IN WHICH THE COURT HAS UNLIMITED JURISDICTION IT HAS , EVEN IN THE ABSENCE OF PROPER CONCLUSIONS TO THAT EFFECT , THE POWER NOT ONLY TO ANNUL BUT ALSO , IF NEED BE , OF ITS OWN MOTION TO ORDER THE DEFENDANT TO PAY COMPENSATION FOR THE NON-MATERIAL DAMAGE CAUSED BY A WRONGFUL ACT OR OMISSION ON ITS PART . THE AWARD OF SUCH DAMAGES CONSTITUTES IN THE PRESENT CASE THE FORM OF COMPENSATION WHICH BEST MEETS BOTH THE APPLICANT ' S INTERESTS AND THE REQUIREMENTS OF THE DEPARTMENT .
Salvatore Belfiore v Commission of the European Communities.
Date: 1980-06-05
7 HOWEVER IT IS NECESSARY TO POINT OUT THAT THE COMMISSION DESPATCHED THE LETTER OF 12 FEBRUARY 1979 WITHOUT TAKING THE PRECAUTION OF HAVING IT REGISTERED OR ARRANGING TO HAVE IT ACCOMPANIED BY A FORM FOR ACKNOWLEDGEMENT OF RECEIPT , EVEN THOUGH IT HAD TAKEN BOTH THOSE STEPS WHEN IT SENT PREVIOUS MESSAGES TO THE APPLICANT . IN THESE CIRCUMSTANCES AND TAKING INTO ACCOUNT THE FACT THAT THE ONUS OF PROVING NOTIFICATION AND THE DATE THEREOF LIES ON THE COMMISSION , IT MUST BE DECLARED THAT THE LATTER HAS PLACED ITSELF IN A POSITION IN WHICH IT CANNOT ADDUCE CONCLUSIVE EVIDENCE ON THIS POINT AND THAT , IN THE CASE OF NOTIFICATION OF SUCH AN IMPORTANT DECISION AS COMPULSORY RESIGNATION , THE APPLICANT IS ENTITLED TO THE BENEFIT OF THE SLIGHT DOUBT AS TO THE DATE WHEN THE PERIOD PRESCRIBED FOR BRINGING THE ACTION BEGAN TO RUN .
M. v Commission of the European Communities.
Date: 1980-06-10
5 THE COMMISSION HAS DISPUTED THE ADMISSIBILITY OF THE APPLICATION SUBMITTING THAT IN THE COURSE OF THE PROCEEDINGS THE APPLICANT HAD LOST ANY INTEREST IN SUING SINCE IN THE MEANTIME SHE HAS BEEN APPOINTED AN OFFICIAL OF THE EUROPEAN PARLIAMENT IN FEBRUARY 1979 .
6 THAT OBJECTION TO THE ADMISSIBILITY OF THE APPLICATION CANNOT , HOWEVER , BE UPHELD . ALTHOUGH IT IS TRUE THAT FOLLOWING UPON THAT APPOINTMENT THE APPLICANT MAY , IF APPROPRIATE , REQUEST HER TRANSFER TO A VACANT POST WITH THE COMMISSION UNDER ARTICLE 29 ( 1 ) ( C ) OF THE STAFF REGULATIONS , THAT PROSPECT , HYPOTHETICAL IN ITS NATURE , MAY NOT BE LIKENED TO THE POSITION IN WHICH SHE WOULD HAVE FOUND HERSELF HAD SHE BEEN ENTERED SINCE 1977 ON A LIST OF SUITABLE CANDIDATES PERMITTING HER TO BE DIRECTLY APPOINTED TO THE BRUSSELS OFFICE OF THE COMMISSION . ON ANY VIEW , IT IS PLAIN THAT THE APPLICANT HAS AN INTEREST IN CAUSING TO BE WITHDRAWN ANY TRACE OF A FINDING OF UNFITNESS AT A PSYCHICAL LEVEL . IT FOLLOWS THAT THE APPLICANT HAS RETAINED AN INTEREST IN OBTAINING A DECLARATION OF ANY POSSIBLE ILLEGALITY IN THE FINDING OF UNFITNESS WHICH SHE HAS CALLED IN QUESTION .

SUBSTANCE
Lily Schuerer v Commission of the European Communities.
Date: 1980-06-12
10 IT DOES NOT APPEAR FROM THE FILE IN THE CASE THAT THE COMPOSITION OF THE INVALIDITY COMMITTEE OR ITS WORKING METHODS HAVE BEEN CALLED IN QUESTION BY THE APPLICANT . THE SAID COMMITTEE VALIDLY REACHED A DECISION IN THE LIGHT OF THE VARIOUS MEDICAL REPORTS SUBMITTED BY THE APPLICANT AND AFTER HER HAVING BEEN AN IN-PATIENT FOR FOUR DAYS IN A TEACHING HOSPITAL . IN THESE CIRCUMSTANCES ITS CONCLUSIONS MUST BE REGARDED AS FINAL AND MAY NOT BE DISPUTED IN THE ABSENCE OF ANY NEW MATTER OF FACT ARISING .
Express Dairy Foods Limited v Intervention Board for Agricultural Produce.
Date: 1980-06-12
11 IN THE WORDS OF ARTICLE 6 OF THE DECISION OF 21 APRIL 1970 , REPEATED BY ARTICLE 1 OF REGULATION NO 2/71 , THESE RESOURCES ARE COLLECTED BY THE MEMBER STATES IN ACCORDANCE WITH NATIONAL PROVISIONS IMPOSED BY LAW , REGULATION OR ADMINISTRATIVE ACTION ; DISPUTES RELATING TO THE RECOVERY OF SUMS LEVIED ON BEHALF OF THE COMMUNITY THEREFORE COME WITHIN THE JURISDICTION OF NATIONAL COURTS AND MUST BE SETTLED BY THOSE COURTS IN APPLICATION OF THEIR NATIONAL LAW AS REGARDS BOTH PROCEDURE AND SUBSTANCE TO THE EXTENT TO WHICH COMMUNITY LAW HAS NOT MADE OTHER PROVISION IN THE MATTER .
14 THE REPLY TO QUESTION 2 SHOULD THEREFORE BE THAT IT IS FOR THE NATIONAL AUTHORITIES TO DECIDE AS TO THE RECOVERY OF SUMS UNDULY CHARGED ON THE BASIS OF     COMMUNITY REGULATIONS WHICH HAVE BEEN DECLARED INVALID ; IT IS FOR THEM TO SETTLE IN TERMS OF THE NATIONAL LAW APPLICABLE ALL ANCILLARY QUESTIONS SUCH AS WHETHER THE FACT THAT IT MAY HAVE BEEN POSSIBLE FOR THE CHARGE IMPROPERLY IMPOSED TO BE PASSED ON TO OTHER TRADERS OR TO CONSUMERS SHOULD BE TAKEN INTO ACCOUNT .

THIRD QUESTION
16 TO REPLY TO THIS QUESTION IT IS SUFFICIENT TO RECALL THAT , SINCE DISPUTES IN CONNEXION WITH THE REIMBURSEMENT OF AMOUNTS COLLECTED FOR THE COMMUNITY ARE AT THE PRESENT TIME A MATTER FOR THE NATIONAL COURTS , THEY MUST BE SETTLED BY THOSE COURTS UNDER NATIONAL LAW IN SO FAR AS COMMUNITY LAW HAS NOT PROVIDED OTHERWISE .
17 IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW ON THIS POINT IT IS AT PRESENT FOR THE NATIONAL AUTHORITIES , AND PARTICULARLY FOR NATIONAL COURTS , IN A CASE CONCERNING THE RECOVERY OF CHARGES IMPROPERLY IMPOSED , TO SETTLE ALL ANCILLARY QUESTIONS RELATING TO SUCH REIMBURSEMENT , SUCH AS THE PAYMENT OF INTEREST , BY APPLYING THEIR DOMESTIC RULES REGARDING THE RATE OF INTEREST AND THE DATE FROM WHICH INTEREST MUST BE CALCULATED .
Caisse de compensation des allocations familiales des régions de Charleroi et de Namur v Cosimo Laterza.
Date: 1980-06-12
8 AS THE COURT STATED IN ITS JUDGMENT OF 6 MARCH 1979 ( CASE 100/78 , CLAUDINO ROSSI V CAISSE DE COMPENSATION POUR ALLOCATIONS FAMILIALES DES REGIONS DE CHARLEROI ET NAMUR ( 1979 ) ECR 831 ) THE REGULATIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS DID NOT SET UP A COMMON SCHEME OF SOCIAL SECURITY , BUT ' ' ALLOWED DIFFERENT SCHEMES TO EXIST , CREATING DIFFERENT CLAIMS ON DIFFERENT INSTITUTIONS AGAINST WHICH THE CLAIMANT POSSESSES DIRECT RIGHTS BY VIRTUE EITHER OF NATIONAL LAW ALONE OR OF NATIONAL LAW SUPPLEMENTED , WHERE NECESSARY , BY COMMUNITY LAW ' ' . IN THE SAME CASE THE COURT ALSO STATED THAT ' ' THE COMMUNITY RULES COULD NOT , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF THE BENEFIT OF A PART OF THE LEGISLATION OF A MEMBER STATE ' '  OR TO LEAD TO A REDUCTION IN THE BENEFITS PAYABLE BY VIRTUE OF THAT LEGISLATION SUPPLEMENTED BY COMMUNITY LAW . IN LAYING DOWN AND DEVELOPING THE RULES FOR COORDINATING NATIONAL LAWS REGULATION NO 1408/71 IS IN FACT GUIDED BY THE FUNDAMENTAL PRINCIPLE STATED IN THE SEVENTH AND EIGHT RECITALS OF THE PREAMBLE TO THE REGULATION , THAT THE AFORESAID RULES MUST GUARANTEE TO WORKERS WHO MOVE WITHIN THE COMMUNITY ALL THE BENEFITS WHICH HAVE ACCRUED TO THEM IN THE VARIOUS MEMBER STATES WHILST LIMITING THEM ' ' TO THE GREATEST AMOUNT ' '  OF SUCH BENEFITS .
9 IN ACCORDANCE WITH THESE PRINCIPLES THE PROVISIONS OF ARTICLE 77 ( 2 ) ( B ) ( I ) OF REGULATION NO 1408/71 CANNOT BE APPLIED IN SUCH A WAY AS TO DEPRIVE THE WORKER , BY SUBSTITUTING THE BENEFITS PROVIDED BY ONE MEMBER STATE FOR THE BENEFITS PAYABLE BY ANOTHER MEMBER STATE , OF THE MOST FAVOURABLE BENEFITS . THE GUIDING PRINCIPLES OF REGULATION NO 1408/71 REQUIRE ON THE OTHER HAND THAT WHERE , IN THE CASE COVERED BY ARTICLE 77 ( 2 ) ( B ) ( I ), THE AMOUNT OF THE BENEFITS PROVIDED BY THE MEMBER STATE IN WHICH THE WORKER IS RESIDING IS LESS THAN THAT OF THE BENEFITS AWARDED BY THE OTHER STATE RESPONSIBLE FOR PAYING THEM THE WORKER CONTINUES TO BE ENTITLED TO THE GREATEST AMOUNT AND RECEIVES     FROM THE COMPETENT SOCIAL SECURITY INSTITUTION OF THIS LATTER MEMBER STATE A SUPPLEMENT TO THE BENEFITS EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
10 FOR THESE REASONS THE ANSWER SHOULD BE GIVEN TO THE QUESTION REFERRED TO THE COURT THAT ARTICLE 77 ( 2 ) ( B ) ( I ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT ENTITLEMENT TO FAMILY BENEFITS FROM THE STATE IN WHOSE TERRITORY THE RECIPIENT OF AN INVALIDITY PENSION RESIDES DOES NOT TAKE AWAY THE RIGHT TO HIGHER BENEFITS AWARDED PREVIOUSLY BY ANOTHER MEMBER STATE . IF THE AMOUNT OF FAMILY BENEFITS ACTUALLY RECEIVED BY THE WORKER IN THE MEMBER STATE IN WHICH HE RESIDES IS LESS THAN THE AMOUNT OF THE BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE OTHER MEMBER STATE , HE IS ENTITLED TO A SUPPLEMENT TO THE BENEFITS FROM THE COMPETENT INSTITUTION OF THE LATTER MEMBER STATE EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
Calpak SpA and Società Emiliana Lavorazione Frutta SpA v Commission of the European Communities.
Date: 1980-06-17
9 A PROVISION WHICH LIMITS THE GRANTING OF PRODUCTION AID FOR ALL PRODUCERS IN RESPECT OF A PARTICULAR PRODUCT TO A UNIFORM PERCENTAGE OF THE QUANTITY PRODUCED BY THEM DURING A UNIFORM PRECEDING PERIOD IS BY NATURE A MEASURE OF GENERAL APPLICATION WITHIN THE MEANING OF ARTICLE 189 OF THE TREATY . IN FACT THE MEASURE APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND PRODUCES LEGAL EFFECTS WITH REGARD TO CATEGORIES OF PERSONS DESCRIBED IN A GENERALIZED AND ABSTRACT MANNER . THE NATURE OF THE MEASURE AS A REGULATION IS NOT CALLED IN QUESTION BY THE MERE FACT THAT IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PRODUCERS TO BE GRANTED THE AID WHICH IS LIMITED THEREBY .
Vittorio Testa, Salvino Maggio and Carmine Vitale v Bundesanstalt für Arbeit.
Date: 1980-06-19
4 ARTICLE 69 OF REGULATION NO 1408/71 ENABLES AN UNEMPLOYED WORKER TO BE EXEMPT FOR A SPECIFIC PERIOD , FOR THE PURPOSE OF SEEKING EMPLOYMENT IN ANOTHER MEMBER STATE , FROM THE OBLIGATION IMPOSED BY THE VARIOUS NATIONAL LAWS TO MAKE HIMSELF AVAILABLE TO THE EMPLOYMENT SERVICES OF THE COMPETENT STATE WITHOUT THEREBY LOSING HIS ENTITLEMENT TO UNEMPLOYMENT BENEFITS AS AGAINST THE COMPETENT STATE .
14 THE RIGHT TO RETAIN UNEMPLOYMENT BENEFITS CONFERRED BY ARTICLE 69 THEREFORE CONTRIBUTES TO ENSURING FREEDOM OF MOVEMENT FOR WORKERS IN ACCORDANCE WITH ARTICLE 51 OF THE TREATY . THE FACT THAT THAT ADVANTAGE IS LIMITED IN TIME AND SUBJECT TO THE OBSERVANCE OF CERTAIN CONDITIONS IS NOT SUCH AS TO BRING ARTICLE 69 ( 2 ) INTO CONFLICT WITH ARTICLE 51 . THE LATTER PROVISION DOES NOT PROHIBIT THE COMMUNITY LEGISLATURE FROM ATTACHING CONDITIONS TO THE RIGHTS AND ADVANTAGES WHICH IT ACCORDS IN ORDER TO ENSURE FREEDOM OF MOVEMENT FOR WORKERS OR FROM DETERMINING THE LIMITS THERETO .
Criminal proceedings against Gérard Roudolff.
Date: 1980-06-19
7 FROM A LINGUISTIC POINT OF VIEW THE QUESTION IS WHETHER THE WORDS ' ' EMBALLES SEPAREMENT ' '  ( PACKAGED SEPARATELY ) REFER TO ' ' MORCEAUX DESOSSES ' '  ( BONED OR     BONELESS CUTS ) OR WHETHER THEY REFER ON THE CONTRARY TO THE EXCEPTION MADE FOR ' ' LES JOUES , LES ABATS , LE FLANCHET ET LE JARRET ' '  ( THE CHAPS ,  THE OFFALS , THE THIN FLANKS AND THE SHIN ). ALTHOUGH IN THE DIFFERENT VERSIONS THERE ARE GRAMMATICAL INDICATIONS , PARTICULARLY THE PUNCTUATION , WHICH SEEM TO SUPPORT THE FORMER INTERPRETATION , THE TEXT WHEN READ AS A WHOLE REMAINS AMBIGUOUS . THE FUNCTION OF THE WORDS IN QUESTION MUST THEREFORE BE EXAMINED IN THE LIGHT OF THE INTENTION AND PURPOSE OF THE REGULATIONS IN QUESTION .
National Panasonic (UK) Limited v Commission of the European Communities.
Date: 1980-06-26
25 ARTICLE 14 ( 3 ) OF REGULATION NO 17 ITSELF LAYS DOWN THE ESSENTIAL CONSTITUENTS OF THE STATEMENT OF THE REASONS UPON WHICH A DECISION ORDERING AN INVESTIGATION IS BASED BY PROVIDING THAT IT ' ' SHALL SPECIFY THE SUBJECT-MATTER AND THE PURPOSE OF THE INVESTIGATION , APPOINT THE DATE ON WHICH IT IS TO BEGIN AND INDICATE THE PENALTIES PROVIDED FOR IN ARTICLE 15 ( 1 ) ( C ) AND ARTICLE 16 ( 1 ) ( D ) AND THE RIGHT TO HAVE THE DECISION REVIEWED BY THE COURT OF JUSTICE ' ' .
Alastair Menzies v Bundesversicherungsanstalt für Angestellte.
Date: 1980-06-26
10 AS REGARDS THE THEORETICAL AMOUNT , THE EXPRESS EFFECT OF ARTICLE 46 ( 2 ) ( A ) IS THAT IT MUST BE CALCULATED AS IF THE INSURED PERSON HAD CARRIED OUT HIS OCCUPATIONAL ACTIVITY EXCLUSIVELY IN THE MEMBER STATE IN QUESTION . IT FOLLOWS THAT IF , IN ORDER TO EVALUATE THE BENEFIT AWARDED IN THE EVENT OF PREMATURE INVALIDITY OR DEATH OF THE INSURED PERSON , THE LEGISLATION OF THAT STATE PROVIDES THAT THE BENEFIT MUST BE CALCULATED IN RELATION TO NOT ONLY PERIODS OF INSURANCE COMPLETED BY THE INSURED PERSON BUT ALSO IN RELATION TO A SUPPLEMENTARY PERIOD EQUIVALENT TO THE INTERVAL OF TIME BETWEEN THE AGE OF THE INSURED PERSON AT THE TIME AT WHICH THE RISK MATERIALIZED AND THE TIME AT WHICH HE REACHED THE AGE OF 55 , THAT SUPPLEMENTARY PERIOD MUST ALSO BE TAKEN INTO ACCOUNT IN THE CALCULATION OF THE THEORETICAL AMOUNT REFERRED TO IN SUBPARAGRAPH ( A ).
11 SUCH A PERIOD , WHICH IS INTENDED TO ENSURE THAT THE LEVEL OF BENEFITS IS CALCULATED AS IF AN INSURED PERSON WAS AT LEAST 55 YEARS OF AGE AT THE TIME AT WHICH THE RISK MATERIALIZED , IRRESPECTIVE OF HIS TRUE AGE , CANNOT HOWEVER BE TAKEN INTO ACCOUNT IN THE CALCULATION OF THE ACTUAL AMOUNT REFERRED TO IN SUBPARAGRAPH ( B ). ALTHOUGH THE CALCULATION TO BE CARRIED OUT UNDER SUBPARAGRAPH ( A ) IS INTENDED TO GIVE A WORKER THE MAXIMUM THEORETICAL AMOUNT WHICH HE COULD CLAIM IF ALL PERIODS OF INSURANCE HAD BEEN COMPLETED IN THE STATE IN QUESTION , THE PURPOSE OF THE CALCULATION UNDER SUBPARAGRAPH ( B ) IS DIFFERENT . THE LATTER PROVISION IS INTENDED SOLELY TO APPORTION THE RESPECTIVE BURDENS OF THE BENEFIT BETWEEN THE INSTITUTIONS OF THE MEMBER STATES CONCERNED IN THE RATIO OF THE LENGTH OF THE PERIODS OF INSURANCE COMPLETED IN EACH OF THE SAID MEMBER STATES BEFORE THE RISK MATERIALIZED . THE TAKING INTO ACCOUNT , IN THE CALCULATION OF THE APPORTIONMENT , OF A SUPPLEMENTARY PERIOD     LIKE THE ONE IN THIS CASE , WHICH DOES NOT CORRESPOND TO ANY PERIOD OF INSURANCE OR EVEN OF ACTUAL RESIDENCE IN THE MEMBER STATE IN QUESTION COMPLETED BEFORE THE RISK MATERIALIZED , RESULTS IN UNILATERALLY AND ARTIFICIALLY UPSETTING THE BALANCE OF THE BURDEN OF THE BENEFITS EXISTING BETWEEN MEMBER STATES IN A WAY WHICH IS INCOMPATIBLE WITH THE SCHEME OF ARTICLE 46 ( 2 ).
Daniele Grassi v Council of the European Communities.
Date: 1980-07-03
15 IN THE CIRCUMSTANCES THAT NOTE MAY BE REGARDED AS HAVING MARKED THE COMMENCEMENT OF THE PERIOD FOR BRINGING AN ACTION UNDER ARTICLE 91 OF THE STAFF REGULATIONS WITHOUT ITS BEING POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A FORMAL COMPLAINT UNDER ARTICLE 90 . IN VIEW OF THE NATURE OF THE PERIODIC REPORT WHICH EXPRESSES THE OPINION FREELY DRAWN UP OF THE REPORTING OFFICERS AND NOT THE ASSESSMENT BY THE APPOINTING AUTHORITY , THE MAKING OF A FORMAL COMPLAINT UNDER ARTICLE 90 DOES NOT APPEAR TO BE A NECESSARY PRE-CONDITION TO BRINGING AN ACTION . IT IS THEREFORE NECESSARY TO HOLD FOR REASONS SIMILAR TO THOSE EXPRESSED BY THE COURT REGARDING THE DECISIONS OF SELECTION     BOARDS IN COMPETITIONS ( CF . THE JUDGMENT OF THE FIRST CHAMBER OF THE COURT OF 16 MARCH 1978 IN CASE 7/77 WULLERSTORFF UND URBAIR V COMMISSION ( 1978 ) ECR 769 ) THAT ACTION AGAINST THE PERIODIC REPORT LIES AS FROM THE DATE ON WHICH THAT REPORT MAY BE REGARDED AS FINAL AND THAT IT IS NOT POSSIBLE TO REQUIRE IN ADDITION THE PRIOR FORMALITY OF A COMPLAINT UNDER ARTICLE 90 . IN THE PRESENT CASE THE PERIODIC REPORT MUST BE REGARDED AS BEING FINAL FROM THE TIME AT WHICH THE LETTER FROM THE SECRETARY GENERAL OF 20 MARCH 1979 WAS SENT TO THE APPLICANT .
Regina v Stanislaus Pieck.
Date: 1980-07-03
18 AMONG THE PENALTIES ATTACHING TO A FAILURE TO COMPLY WITH THE FORMALITIES REQUIRED AS PROOF OF THE RIGHT OF RESIDENCE OF A WORKER ENJOYING THE PROTECTION OF COMMUNITY LAW , DEPORTATION IS CERTAINLY INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY SINCE , AS THE COURT HAS ALREADY CONFIRMED IN OTHER CASES , SUCH A MEASURE NEGATES THE VERY RIGHT CONFERRED AND GUARANTEED BY THE TREATY .
19 AS REGARDS OTHER PENALTIES SUCH AS FINES AND IMPRISONMENT , WHILST THE NATIONAL AUTHORITIES ARE ENTITLED TO IMPOSE PENALTIES IN RESPECT OF FAILURE TO COMPLY WITH THE TERMS OF PROVISIONS RELATING TO RESIDENCE PERMITS WHICH ARE COMPARABLE TO THOSE ATTACHING TO MINOR OFFENCES BY NATIONALS , THEY ARE NOT JUSTIFIED IN IMPOSING A PENALTY SO DISPROPORTIONATE TO THE GRAVITY OF THE INFRINGEMENT THAT IT BECOMES AN OBSTACLE TO THE FREE MOVEMENT OF PERSONS . THIS WOULD BE ESPECIALLY SO IF THAT PENALTY INCLUDED IMPRISONMENT .
Giacomo Gravina and others v Landesversicherungsanstalt Schwaben.
Date: 1980-07-09
6 IN ORDER TO SETTLE THE ISSUE , IT IS IMPORTANT TO PLACE THE PROVISION OF WHICH THE INTERPRETATION IS SOUGHT IN THE CONTEXT OF ARTICLE 51 OF THE TREATY WHICH REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS . THE AIM OF ARTICLE 51 WOULD NOT BE ACHIEVED IF , AS A RESULT OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE SOCIAL SECURITY ADVANTAGES GUARANTEED TO THEM , IN ANY EVENT , BY THE LEGISLATION OF A SINGLE MEMBER STATE .
7 THE REGULATIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS DID NOT SET UP A COMMON SCHEME OF SOCIAL SECURITY , BUT ALLOWED DIFFERENT SCHEMES TO EXIST , CREATING DIFFERENT CLAIMS ON DIFFERENT INSTITUTIONS AGAINST WHICH THE CLAIMANT POSSESSES DIRECT RIGHTS BY VIRTUE EITHER OF NATIONAL LAW ALONE OR OF NATIONAL LAW SUPPLEMENTED , WHERE NECESSARY , BY COMMUNITY LAW RELATING , IN PARTICULAR , TO THE LIFTING OF CONDITIONS OF RESIDENCE . IN ITS JUDGMENT OF 6 MARCH 1979 IN CASE 100/78 ROSSI V CAISSE DE COMPENSATION POUR ALLOCATIONS FAMILIALES ( 1979 ) ECR 831 THE COURT STATED , MOREOVER , THAT ' ' THE COMMUNITY RULES COULD NOT , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF THE BENEFIT OF A PART OF THE LEGISLATION OF A MEMBER STATE ' ' . NOR MAY THOSE RULES BRING ABOUT A REDUCTION IN THE BENEFITS AWARDED BY VIRTUE OF THAT LEGISLATION . REGULATION NO 1408/71 , IN LAYING DOWN RULES     FOR THE CO-ORDINATION OF THE VARIOUS NATIONAL LAWS , IS INSPIRED IN FACT BY THE FUNDAMENTAL PRINCIPLE THAT THE SAID RULES MUST GUARANTEE WORKERS MOVING WITHIN THE COMMUNITY THE ENTIRETY OF BENEFITS ACQUIRED IN THE DIFFERENT MEMBER STATES UP TO THE LIMIT OF THE GREATEST AMOUNT OF THOSE BENEFITS .
8 IN ACCORDANCE WITH THOSE PRINCIPLES , THEREFORE , THE PROVISIONS OF ARTICLE 78 ( 2 ) OF REGULATION NO 1408/71 MAY NOT BE INTERPRETED IN SUCH A WAY THAT , BY THE SUBSTITUTION OF BENEFITS PROVIDED BY THE NEW STATE OF RESIDENCE FOR THE BENEFITS PREVIOUSLY ACQUIRED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ALONE , THE ORPHANS OF A DECEASED WORKER WHO WAS SUBJECT TO THE LEGISLATION OF MORE THAN ONE MEMBER STATE ARE PREVENTED FROM RECEIVING THE GREATEST AMOUNT OF THOSE BENEFITS . WHERE , THEREFORE , THE RESIDENCE OF THE ORPHANS IS TRANSFERRED TO THE TERRITORY OF A MEMBER STATE WHERE AN ENTITLEMENT TO BENEFITS IS ACQUIRED BY THEM UNDER THE LEGISLATION OF THAT STATE , IT IS NECESSARY TO COMPARE THE AMOUNT OF THE BENEFITS ACTUALLY RECEIVED WITH THE ACTUAL AMOUNT OF THE BENEFITS WHICH THEY WOULD HAVE CONTINUED TO RECEIVE IN THE OTHER MEMBER STATE AND , IF THE AMOUNT OF THE NEW BENEFITS IS LESS THAN THAT OF THE BENEFITS PREVIOUSLY ACQUIRED , TO ACKNOWLEDGE THE ORPHANS TO BE ENTITLED , AS AGAINST THE COMPETENT INSTITUTION OF THE OTHER MEMBER STATE WHERE THE ENTITLEMENT TO THE GREATER AMOUNT WAS ACQUIRED , TO SUPPLEMENTARY BENEFITS EQUAL TO THE DIFFERENCE BETWEEN THE TWO AMOUNTS .
Distillers Company Limited v Commission of the European Communities.
Date: 1980-07-10
26 IN VIEW OF WHAT IS SAID ABOVE IT IS UNNECESSARY TO CONSIDER THE PROCEDURAL IRREGULARITIES ALLEGED BY THE APPLICANT . THE POSITION WOULD BE DIFFERENT ONLY IF IN THE ABSENCE OF THOSE IRREGULARITIES THE ADMINISTRATIVE PROCEEDINGS COULD HAVE LED TO A DIFFERENT RESULT . SUBJECT TO WHAT THE APPLICANT SAYS WITH REGARD TO THE PRODUCT PIMM ' S THE ACTION IS IN EFFECT CONFINED TO CHALLENGING THE LEGALITY OF THE COMMISSION ' S REFUSAL TO GRANT EXEMPTION TO THE PRICE TERMS     UNDER ARTICLE 85 ( 3 ) FROM THE PROHIBITION IN ARTICLE 85 ( 1 ). THE APPLICANT DOES NOT DENY THAT THE PRICE TERMS INFRINGE ARTICLE 85 ( 1 ). SINCE HOWEVER IT OMITTED TO NOTIFY THE SAID TERMS TO THE COMMISSION THE APPLICANT HAS DEPRIVED ITSELF BY ITS OWN ACT OF ANY POSSIBILITY OF OBTAINING IN THE PROCEEDINGS TO WHICH THE PRESENT APPLICATION RELATES A DECISION GRANTING EXEMPTION UNDER ARTICLE 85 ( 3 ). EVEN IN THE ABSENCE OF THE PROCEDURAL IRREGULARITIES ALLEGED BY THE APPLICANT THE COMMISSION DECISION BASED ON THE ABSENCE OF NOTIFICATION COULD THEREFORE NOT HAVE BEEN DIFFERENT .
Commission of the European Communities v French Republic.
Date: 1980-07-10
17 ON THE OTHER HAND , IT MUST BE RECOGNIZED THAT THE CONNEXION MADE BY THE FRENCH GOVERNMENT BETWEEN THE CONTROL OF ADVERTISING IN RESPECT OF ALCOHOLIC DRINKS AND THE CAMPAIGN AGAINST ALCOHOLISM DOES EXIST . IT IS IN FACT UNDENIABLE THAT ADVERTISING ACTS AS AN ENCOURAGEMENT TO CONSUMPTION AND THAT THE DISPUTED RULES ARE NOT THEREFORE A MATTER OF INDIFFERENCE FROM THE POINT OF VIEW OF THE REQUIREMENTS OF PUBLIC HEALTH RECOGNIZED BY ARTICLE 36 OF THE TREATY . HOWEVER , IT SHOULD BE POINTED OUT THAT IT IS EXPRESSLY SPECIFIED IN THE SAME ARTICLE THAT SUCH PROHIBITIONS OR RESTRICTIONS ' ' SHALL NOT , HOWEVER , CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES . ' '