larimo/cjeu-paragraph-retrieval huggingface dataset:
P.B. Groenveld BV v Produktschap voor Vee en Vlees.
Date: 1979-11-08
7 THAT PROVISION 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 AT THE EXPENSE OF THE PRODUCTION OR OF THE TRADE OF OTHER MEMBER STATES . THIS IS NOT SO IN THE CASE OF A PROHIBITION LIKE THAT IN QUESTION WHICH IS APPLIED OBJECTIVELY TO THE PRODUCTION OF GOODS OF A CERTAIN KIND WITHOUT DRAWING A DISTINCTION DEPENDING ON WHETHER SUCH GOODS ARE INTENDED FOR THE NATIONAL MARKET OR FOR EXPORT .
9 THE REPLY TO THE QUESTION SUBMITTED MUST THEREFORE BE THAT IN THE PRESENT STATE OF COMMUNITY LAW A NATIONAL MEASURE PROHIBITING ALL MANUFACTURERS OF MEAT PRODUCTS FROM HAVING IN STOCK OR PROCESSING HORSEMEAT IS NOT INCOMPATIBLE WITH ARTICLE 34 OF THE TREATY IF IT DOES NOT DISCRIMINATE BETWEEN PRODUCTS INTENDED FOR EXPORT AND THOSE MARKETED WITHIN THE MEMBER STATE IN QUESTION .
Sanicentral GmbH v René Collin.
Date: 1979-11-13
5 IT IS APPROPRIATE TO ANSWER THIS POINT BY STATING , ON THE ONE HAND , THAT THE CONVENTION DOES NOT AFFECT RULES OF SUBSTANTIVE LAW AND , ON THE OTHER HAND , THAT , AS THE CONVENTION SEEKS TO DETERMINE THE JURISDICTION OF THE COURTS OF THE CONTRACTING STATES IN THE INTRA-COMMUNITY LEGAL ORDER IN REGARD TO MATTERS OF CIVIL JURISDICTION , THE NATIONAL PROCEDURAL LAWS APPLICABLE TO THE CASES CONCERNED ARE SET ASIDE IN THE MATTERS GOVERNED BY THE CONVENTION IN FAVOUR OF THE PROVISIONS THEREOF .
6 BY ITS NATURE A CLAUSE IN WRITING CONFERRING JURISDICTION AND OCCURRING IN A CONTRACT OF EMPLOYMENT IS A CHOICE OF JURISDICTION ; SUCH A CHOICE HAS NO LEGAL EFFECT FOR SO LONG AS NO JUDICIAL PROCEEDINGS HAVE BEEN COMMENCED AND ONLY BECOMES OF CONSEQUENCE AT THE DATE WHEN JUDICIAL PROCEEDINGS ARE SET IN MOTION .

THAT IS THEREFORE THE RELEVANT DATE FOR THE PURPOSES OF AN APPRECIATION OF THE SCOPE OF SUCH A CLAUSE IN RELATION TO THE LEGAL RULES APPLYING AT THAT TIME .

THE JUDICIAL PROCEEDINGS WERE INSTITUTED ON 27 NOVEMBER 1973 AND THE CONVENTION THUS APPLIES IN PURSUANCE OF ARTICLE 54 THEREOF .

THE EFFECT OF THAT ARTICLE INDEED IS THAT THE ONLY ESSENTIAL FOR THE RULES OF THE CONVENTION TO BE APPLICABLE TO LITIGATION RELATING TO LEGAL RELATIONSHIPS CREATED BEFORE THE DATE OF THE COMING INTO FORCE OF THE CONVENTION IS THAT THE JUDICIAL PROCEEDINGS SHOULD HAVE BEEN INSTITUTED SUBSEQUENTLY TO THAT DATE , WHICH IS THE POSITION IN THE PRESENT INSTANCE .
G. R. Amylum NV and Tunnel Refineries Limited v Council and Commission of the European Communities.
Date: 1979-12-05
14 THIS IS CONFIRMED IN PARTICULAR BY THE FACT THAT , EVEN THOUGH AN ACTION FOR DAMAGES UNDER ARTICLES 178 AND 215 OF THE TREATY CONSTITUTES AN INDEPENDENT ACTION , IT MUST NEVERTHELESS BE ASSESSED HAVING REGARD TO THE WHOLE OF THE SYSTEM OF LEGAL PROTECTION OF INDIVIDUALS SET UP BY THE TREATY . IF AN INDIVIDUAL TAKES THE VIEW THAT HE IS INJURED BY A COMMUNITY LEGISLATIVE MEASURE WHICH HE REGARDS AS ILLEGAL HE HAS THE OPPORTUNITY , WHEN THE IMPLEMENTATION OF THE MEASURE IS ENTRUSTED TO NATIONAL AUTHORITIES , TO CONTEST THE VALIDITY OF THE MEASURE , AT THE TIME OF ITS IMPLEMENTATION , BEFORE A NATIONAL COURT IN AN ACTION AGAINST THE NATIONAL AUTHORITY . SUCH A COURT MAY , OR EVEN MUST , IN PURSUANCE OF ARTICLE 177 , REFER TO THE COURT OF JUSTICE A QUESTION ON THE VALIDITY OF THE COMMUNITY MEASURE IN QUESTION . THE EXISTENCE OF SUCH AN ACTION IS BY ITSELF OF SUCH A NATURE AS TO ENSURE THE EFFICIENT PROTECTION OF THE INDIVIDUALS CONCERNED .
Regina v Maurice Donald Henn and John Frederick Ernest Darby.
Date: 1979-12-14
15 UNDER THE TERMS OF ARTICLE 36 OF THE TREATY THE PROVISIONS RELATING TO THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY ARE NOT TO PRECLUDE PROHIBITIONS ON IMPORTS WHICH ARE JUSTIFIED INTER ALIA ' ' ON GROUNDS OF PUBLIC MORALITY ' ' . IN PRINCIPLE , IT IS FOR EACH MEMBER STATE TO DETERMINE IN ACCORDANCE WITH ITS OWN SCALE OF VALUES AND IN THE FORM SELECTED BY IT THE REQUIREMENTS OF PUBLIC MORALITY IN ITS TERRITORY . IN ANY EVENT , IT CANNOT BE DISPUTED THAT THE STATUTORY PROVISIONS APPLIED BY THE UNITED KINGDOM IN REGARD TO THE IMPORTATION OF ARTICLES HAVING AN INDECENT OR OBSCENE CHARACTER COME WITHIN THE POWERS RESERVED TO THE MEMBER STATES BY THE FIRST SENTENCE OF ARTICLE 36 .
21 IN ORDER TO ANSWER THE QUESTIONS WHICH HAVE BEEN REFERRED TO THE COURT IT IS APPROPRIATE TO HAVE REGARD TO THE FUNCTION OF THIS PROVISION , WHICH IS DESIGNED TO PREVENT RESTRICTIONS ON TRADE BASED ON THE GROUNDS MENTIONED IN THE FIRST SENTENCE OF ARTICLE 36 FROM BEING DIVERTED FROM THEIR PROPER PURPOSE AND USED IN SUCH A WAY AS EITHER TO CREATE DISCRIMINATION IN RESPECT OF GOODS ORIGINATING IN OTHER MEMBER STATES OR INDIRECTLY TO PROTECT CERTAIN NATIONAL PRODUCTS . THAT IS NOT THE PURPORT OF A PROHIBITION , SUCH AS THAT IN FORCE IN THE UNITED KINGDOM , ON THE IMPORTATION OF ARTICLES WHICH ARE OF AN INDECENT OR OBSCENE CHARACTER . WHATEVER MAY BE THE DIFFERENCES BETWEEN THE LAWS ON THIS SUBJECT IN FORCE IN THE DIFFERENT CONSTITUENT PARTS OF THE UNITED KINGDOM , AND NOTWITHSTANDING THE FACT THAT THEY CONTAIN CERTAIN EXCEPTIONS OF LIMITED SCOPE , THESE LAWS , TAKEN AS A WHOLE , HAVE AS THEIR PURPOSE THE PROHIBITION , OR AT LEAST , THE RESTRAINING , OF THE MANUFACTURE AND MARKETING OF PUBLICATIONS OR ARTICLES OF AN INDECENT OR OBSCENE CHARACTER . IN THESE CIRCUMSTANCES IT IS PERMISSIBLE TO CONCLUDE , ON A COMPREHENSIVE VIEW , THAT THERE IS NO LAWFUL TRADE IN SUCH GOODS IN THE UNITED KINGDOM . A PROHIBITION ON IMPORTS WHICH MAY IN CERTAIN RESPECTS BE MORE STRICT THAN SOME OF THE LAWS APPLIED WITHIN THE UNITED KINGDOM CANNOT THEREFORE BE REGARDED AS AMOUNTING TO A MEASURE DESIGNED TO GIVE INDIRECT PROTECTION TO SOME NATIONAL PRODUCT OR AIMED AT CREATING ARBITRARY DISCRIMINATION BETWEEN GOODS OF THIS TYPE DEPENDING ON WHETHER THEY ARE PRODUCED WITHIN THE NATIONAL TERRITORY OR ANOTHER MEMBER STATE .
Commission of the European Communities v Italian Republic.
Date: 1980-01-08
16 ALTHOUGH THE FIRST PARAGRAPH OF ARTICLE 95 THEREFORE PLACES MEMBER STATES UNDER AN OBLIGATION TO EXTEND THE TAX ADVANTAGES ACCRUING TO DOMESTIC PRODUCTS TO SIMILAR PRODUCTS IMPORTED FROM THE OTHER MEMBER STATES AS WELL PROVIDED THAT THE LATTER PRODUCTS SATISFY THE CONDITIONS TO WHICH A REDUCED RATE OR AN EXEMPTION HAVE BEEN MADE SUBJECT , IT DOES NOT HOWEVER IMPOSE UPON THE MEMBER STATES THE DUTY TO ABOLISH AS REGARDS INTERNAL TAXES ON DOMESTIC PRODUCTS DIFFERENCES WHICH ARE OBJECTIVELY JUSTIFIED AND WHICH MAY BE INTRODUCED BY DOMESTIC LEGISLATION UNLESS SUCH ABOLITION IS THE ONLY WAY OF AVOIDING DIRECT OR INDIRECT DISCRIMINATION AGAINST THE IMPORTED PRODUCTS .
Siegfried Zelger v Sebastiano Salinitri.
Date: 1980-01-17
3 IT IS APPROPRIATE TO POINT OUT THAT ARTICLE 5 ( 1 ), WHICH OCCURS IN SECTION 2 OF TITLE II OF THE CONVENTION INTITLED ' ' SPECIAL JURISDICTION ' ' , CREATES A GROUND OF JURISDICTION WHICH IS AN EXCEPTION TO THE GENERAL RULE OF JURISDICTION PROVIDED FOR IN ARTICLE 2 OF THE CONVENTION ; THE PROVISIONS OF ARTICLE 5 , WHICH PROVIDE THAT IN MATTERS RELATING TO A CONTRACT A DEFENDANT DOMICILED IN A CONTRACTING STATE MAY BE SUED IN THE COURTS FOR THE PLACE OF PERFORMANCE OF THE OBLIGATION IN QUESTION , INTRODUCE A CRITERION FOR JURISDICTION , THE SELECTION OF WHICH IS AT THE OPTION OF THE PLAINTIFF AND WHICH IS JUSTIFIED BY THE EXISTENCE OF A DIRECT LINK BETWEEN THE DISPUTE AND THE COURT CALLED UPON TO TAKE COGNIZANCE OF IT .
4 BY CONTRAST , ARTICLE 17 , WHICH OCCURS IN SECTION 6 OF THE CONVENTION INTITLED ' ' PROROGATION OF JURISDICTION ' '  AND WHICH PROVIDES FOR THE EXCLUSIVE JURISDICTION OF THE COURT DESIGNATED BY THE PARTIES IN ACCORDANCE WITH THE     PRESCRIBED FORM , PUTS ASIDE BOTH THE RULE OF GENERAL JURISDICTION - PROVIDED FOR IN ARTICLE 2 - AND THE RULES OF SPECIAL JURISDICTION - PROVIDED FOR IN ARTICLE 5 - AND DISPENSES WITH ANY OBJECTIVE CONNEXION BETWEEN THE LEGAL RELATIONSHIP IN DISPUTE AND THE COURT DESIGNATED . IT THUS APPEARS THAT THE JURISDICTION OF THE COURT FOR THE PLACE OF PERFORMANCE ( PROVIDED FOR IN ARTICLE 5 ( 1 )) AND THAT OF THE SELECTED COURT ( PROVIDED FOR IN ARTICLE 17 ) ARE TWO DISTINCT CONCEPTS AND ONLY AGREEMENTS SELECTING A COURT ARE SUBJECT TO THE REQUIREMENTS OF FORM PRESCRIBED BY ARTICLE 17 OF THE CONVENTION .
5 CONSEQUENTLY , IF THE PARTIES TO THE CONTRACT ARE PERMITTED BY THE LAW APPLICABLE TO THE CONTRACT , SUBJECT TO ANY CONDITIONS IMPOSED BY THAT LAW , TO SPECIFY THE PLACE OF PERFORMANCE OF AN OBLIGATION WITHOUT SATISFYING ANY SPECIAL CONDITION OF FORM , AN AGREEMENT ON THE PLACE OF PERFORMANCE OF THE OBLIGATION IS SUFFICIENT TO FOUND JURISDICTION IN THAT PLACE WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
Office national des pensions des travailleurs salariés (ONPTS) v Fioravante Damiani.
Date: 1980-02-14
5 THE O.N.P.T.S . MAINTAINS THAT THE REQUEST FOR A PRELIMINARY RULING IS INADMISSIBLE , ALLEGING THAT THE QUESTION WHICH HAS BEEN ASKED IS ' ' INOPPORTUNE ' '  IN VIEW OF THE VARIOUS ARGUMENTS RELIED ON BEFORE THE COURT MAKING THE REFERENCE . IT SHOULD BE NOTED , HOWEVER , THAT IT IS NOT FOR THIS COURT TO PRONOUNCE ON THE EXPEDIENCY OF THE REQUEST FOR A PRELIMINARY RULING . AS REGARDS THE DIVISION OF JURISDICTION BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY IT IS FOR THE NATIONAL COURT ,     WHICH IS ALONE IN HAVING A DIRECT KNOWLEDGE OF THE FACTS OF THE CASE AND OF THE ARGUMENTS PUT FORWARD BY THE PARTIES , AND WHICH WILL HAVE TO GIVE JUDGMENT IN THE CASE , TO APPRECIATE , WITH FULL KNOWLEDGE OF THE MATTER BEFORE IT , THE RELEVANCE OF THE QUESTION OF LAW RAISED BY THE DISPUTE BEFORE IT AND THE NECESSITY FOR A PRELIMINARY RULING SO AS TO ENABLE IT TO GIVE JUDGMENT .
Criminal proceedings against Pieter Vriend.
Date: 1980-02-26
8 SO IT FOLLOWS FROM THE GENERAL SCHEME OF REGULATION NO 234/68 THAT AS FAR AS TRADE WITHIN THE COMMUNITY IS CONCERNED THE COMMON ORGANIZATION OF THE MARKET IN THE PRODUCTS IN QUESTION IS BASED ON COMMERCIAL TRANSACTIONS AND IS OPPOSED TO ANY NATIONAL RULE WHICH COULD HINDER DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE .
Commission of the European Communities v French Republic.
Date: 1980-02-27
4 THE ABOVE-MENTIONED PROVISIONS SUPPLEMENT , WITHIN THE SYSTEM OF THE TREATY , THE PROVISIONS ON THE ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT . THEIR AIM IS TO ENSURE FREE MOVEMENT OF GOODS BETWEEN THE MEMBER STATES IN NORMAL CONDITIONS OF COMPETITION BY THE ELIMINATION OF ALL FORMS OF PROTECTION WHICH RESULT FROM THE APPLICATION OF INTERNAL TAXATION WHICH DISCRIMINATES AGAINST PRODUCTS FROM OTHER MEMBER STATES . AS THE COMMISSION HAS CORRECTLY STATED , ARTICLE 95 MUST GUARANTEE THE COMPLETE NEUTRALITY OF INTERNAL TAXATION AS REGARDS COMPETITION BETWEEN DOMESTIC PRODUCTS AND IMPORTED PRODUCTS .
14 IN THE VARIOUS PROCEDURES , THE PARTIES HAVE RELIED , WITH REGARD TO THE DISTINCTION BETWEEN SEVERAL CATEGORIES OF ALCOHOLIC PRODUCT , UPON CERTAIN STATEMENTS MADE BY THE COURT OF JUSTICE IN THE JUDGMENT IN THE HANSEN & BALLE CASE , SUPRA , WHICH WAS DELIVERED AT A TIME WHEN THESE APPLICATIONS WERE PENDING . REFERENCE HAS BEEN MADE MORE PARTICULARLY TO A PASSAGE IN THAT JUDGMENT WHICH STATES AS FOLLOWS : ' ' AT THE PRESENT STAGE OF ITS DEVELOPMENT AND IN THE ABSENCE OF ANY UNIFICATION OR HARMONIZATION OF THE RELEVANT     PROVISIONS , COMMUNITY LAW DOES NOT PROHIBIT MEMBER STATES FROM GRANTING TAX ADVANTAGES , IN THE FORM OF EXEMPTION FROM OR REDUCTION OF DUTIES , TO CERTAIN TYPES OF SPIRITS OR TO CERTAIN CLASSES OF PRODUCERS . INDEED , TAX ADVANTAGES OF THIS KIND MAY SERVE LEGITIMATE ECONOMIC OR SOCIAL PURPOSES , SUCH AS THE USE OF CERTAIN RAW MATERIALS BY THE DISTILLING INDUSTRY , THE CONTINUED PRODUCTION OF PARTICULAR SPIRITS OF HIGH QUALITY , OR THE CONTINUANCE OF CERTAIN CLASSES OF UNDERTAKINGS SUCH AS AGRICULTURAL DISTILLERIES ' ' .
Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
Date: 1980-02-27
6 IN ORDER TO DETERMINE THE EXISTENCE OF A COMPETITIVE RELATIONSHIP UNDER THE SECOND PARAGRAPH OF ARTICLE 95 , IT IS NECESSARY TO CONSIDER NOT ONLY THE PRESENT STATE OF THE MARKET BUT ALSO THE POSSIBILITIES FOR DEVELOPMENT WITHIN THE CONTEXT OF FREE MOVEMENT OF GOODS AT THE COMMUNITY LEVEL AND THE FURTHER POTENTIAL FOR THE SUBSTITUTION OF PRODUCTS FOR ONE ANOTHER WHICH MAY BE REVEALED BY INTENSIFICATION OF TRADE , SO AS FULLY TO DEVELOP THE COMPLEMENTARY FEATURES OF THE ECONOMIES OF THE MEMBER STATES IN ACCORDANCE WITH THE OBJECTIVES LAID DOWN BY ARTICLE 2 OF THE TREATY .
10 IT IS HOWEVER APPROPRIATE TO EMPHASIZE THAT THE ABOVE-MENTIONED PROVISION IS LINKED TO THE ' ' NATURE ' '  OF THE TAX SYSTEM IN QUESTION SO THAT IT IS IMPOSSIBLE TO REQUIRE IN EACH CASE THAT THE PROTECTIVE EFFECT SHOULD BE SHOWN STATISTICALLY . IT IS SUFFICIENT FOR THE PURPOSES OF THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 95 FOR IT TO BE SHOWN THAT A GIVEN TAX MECHANISM IS LIKELY , IN VIEW OF ITS INHERENT CHARACTERISTICS , TO BRING ABOUT THE PROTECTIVE EFFECT REFERRED TO BY THE TREATY . WITHOUT THEREFORE DISREGARDING THE IMPORTANCE OF THE CRITERIA WHICH MAY BE DEDUCED FROM STATISTICS FROM WHICH THE EFFECTS OF A GIVEN TAX SYSTEM MAY BE MEASURED , IT IS IMPOSSIBLE TO REQUIRE THE COMMISSION TO SUPPLY STATISTICAL DATA ON THE ACTUAL FOUNDATION OF THE PROTECTIVE EFFECT OF THE TAX SYSTEM COMPLAINED OF .
14 THE COURT CONSIDERS THAT THE COMISSION ' S ARGUMENT IS WELL-FOUNDED IN THAT IT IS IMPOSSIBLE TO DENY THAT TO A CERTAIN EXTENT THE TWO BEVERAGES IN QUESTION ARE CAPABLE OF MEETING IDENTICAL NEEDS , SO THAT IT MUST BE ACKNOWLEDGED THAT THERE IS A CERTAIN DEGREE OF SUBSTITUTION FOR ONE ANOTHER . FOR THE PURPOSE OF MEASURING THE POSSIBLE DEGREE OF SUBSTITUTION , IT IS IMPOSSIBLE TO RESTRICT ONESELF TO CONSUMER HABITS IN A MEMBER STATE OR IN A GIVEN REGION . IN FACT , THOSE HABITS , WHICH ARE ESSENTIALLY VARIABLE IN TIME AND SPACE , CANNOT BE CONSIDERED TO BE A FIXED RULE ; THE TAX POLICY OF A MEMBER STATE MUST NOT THEREFORE CRYSTALLIZE GIVEN CONSUMER HABITS SO AS TO CONSOLIDATE AN ADVANTAGE ACQUIRED BY NATIONAL INDUSTRIES CONCERNED TO COMPLY WITH THEM .
Commission of the European Communities v Kingdom of Denmark.
Date: 1980-02-27
4 THE ABOVE-MENTIONED PROVISIONS SUPPLEMENT , WITHIN THE SYSTEM OF THE TREATY , THE PROVISIONS ON THE ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT . THEIR AIM IS TO ENSURE FREE MOVEMENT OF GOODS BETWEEN THE MEMBER STATES IN NORMAL CONDITIONS OF COMPETITION BY THE ELIMINATION OF ALL FORMS OF PROTECTION WHICH RESULT FROM THE APPLICATION OF INTERNAL TAXATION WHICH DISCRIMINATES AGAINST PRODUCTS FROM OTHER MEMBER STATES . AS THE COMMISSION HAS CORRECTLY STATED , ARTICLE 95 MUST GUARANTEE THE COMPLETE NEUTRALITY OF INTERNAL TAXATION AS REGARDS COMPETITION BETWEEN DOMESTIC PRODUCTS AND IMPORTED PRODUCTS .
14 IN THE VARIOUS PROCEDURES , THE PARTIES HAVE RELIED , WITH REGARD TO THE DISTINCTION BETWEEN SEVERAL CATEGORIES OF ALCOHOLIC PRODUCT , UPON CERTAIN STATEMENTS MADE BY THE COURT OF JUSTICE IN THE JUDGMENT IN THE HANSEN & BALLE CASE , SUPRA , WHICH WAS DELIVERED AT A TIME WHEN THESE APPLICATIONS WERE PENDING . REFERENCE HAS BEEN MADE MORE PARTICULARLY TO A PASSAGE IN THAT JUDGMENT WHICH STATES AS FOLLOWS : ' ' AT THE PRESENT STAGE OF ITS DEVELOPMENT AND IN THE ABSENCE OF ANY UNIFICATION OR HARMONIZATION OF THE RELEVANT     PROVISIONS , COMMUNITY LAW DOES NOT PROHIBIT MEMBER STATES FROM GRANTING TAX ADVANTAGES , IN THE FORM OF EXEMPTION FROM OR REDUCTION OF DUTIES , TO CERTAIN TYPES OF SPIRITS OR TO CERTAIN CLASSES OF PRODUCERS . INDEED , TAX ADVANTAGES OF THIS KIND MAY SERVE LEGITIMATE ECONOMIC OR SOCIAL PURPOSES , SUCH AS THE USE OF CERTAIN RAW MATERIALS BY THE DISTILLING INDUSTRY , THE CONTINUED PRODUCTION OF PARTICULAR SPIRITS OF HIGH QUALITY , OR THE CONTINUANCE OF CERTAIN CLASSES OF UNDERTAKINGS SUCH AS AGRICULTURAL DISTILLERIES ' ' .
36 VIEWED BY ITSELF , THE TAX SYSTEM INTRODUCED BY THE DANISH LEGISLATION CONTAINS INCONTESTABLE DISCRIMINATORY OR PROTECTIVE CHARACTERISTICS . ALTHOUGH IT DOES NOT ESTABLISH ANY FORMAL DISTINCTION ACCORDING TO THE ORIGIN OF THE PRODUCTS , IT HAS BEEN ADJUSTED SO THAT THE BULK OF THE DOMESTIC PRODUCTION OF SPIRITS COMES WITHIN THE MOST FAVOURABLE TAX CATEGORY WHEREAS ALMOST ALL IMPORTED PRODUCTS COME WITHIN THE MOST HEAVILY TAXED CATEGORY . THESE CHARACTERISTICS OF THE SYSTEM ARE NOT OBLITERATED BY THE FACT THAT A VERY SMALL FRACTION OF IMPORTED SPIRITS BENEFITS FROM THE MOST FAVOURABLE RATE OF TAX WHEREAS , CONVERSELY , A CERTAIN PROPORTION OF DOMESTIC PRODUCTION COMES WITHIN THE SAME TAX CATEGORY AS IMPORTED SPIRITS . IT THEREFORE APPEARS THAT THE TAX SYSTEM IS DEVISED SO THAT IT LARGELY BENEFITS A TYPICAL DOMESTIC PRODUCT AND HANDICAPS IMPORTED SPIRITS TO THE SAME EXTENT .
Commission of the European Communities v Ireland.
Date: 1980-02-27
8 THESE DEFENCES PUT FORWARD BY THE GOVERNMENT OF IRELAND CANNOT BE ACCEPTED . IN FACT , AS THE COURT OF JUSTICE HAS STATED IN AN ESTABLISHED LINE OF CASES ( SEE JUDGMENTS OF 5 MAY 1970 , COMMISSION OF THE EUROPEAN COMMUNITIES V KINGDOM OF BELGIUM , CASE 77/69 ( 1970 ) ECR 237 , 20 FEBRUARY 1973 FONDERIE OFFICINE RIUNITE FOR V VEREINIGTE KAMMGARN-SPINNEREIEN VKS , CASE 54/72 ( 1973 ) ECR 193 , 17 JANUARY 1976 , REWE - ZENTRALE DES LEBENSMITTEL-GROSSHANDELS GMBH V HAUPTZOLLAMT LANDAU-PFALZ , CASE 45/75 ( 1976)ECR 181 , 22 JUNE 1976 BOBIE GETRANKEVERTRIEB GMBH V HAUPTZOLLAMT AACHEN-NORD , CASE 127/75 ( 1976 ) ECR 1079 , 16 FEBRUARY 1977 SCHOTTLE & SOHNE GMBH V FINANZAMT FREUDENSTADT , CASE 20/76 ( 1977 ) ECR 247 , 22 MARCH 1977 , IANELLI & VOLPI S.P.A . V DITTA PAOLO MERONI , CASE 74/76 ( 1977 ) ECR 557 AND 22 MARCH 1977 , FIRMA STEINIKE & WEINLING V FEDERAL REPUBLIC OF GERMANY , CASE 78/76 ( 1977 ) ECR 595 ), IT IS NECESSARY , FOR THE PURPOSES OF THE APPLICATION OF THE PROHIBITION ON DISCRIMINATION LAID DOWN IN ARTICLE 95 , TO TAKE INTO CONSIDERATION THE PROVISIONS RELATING OT THE BASIS OF ASSESSMENT AND THE DETAILED RULES FOR LEVYING THE VARIOUS DUTIES IN ADDITION TO THE RATE OF TAX . IN FACT THE DECISIVE CRITERION OF COMPARISON FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 95 IS THE ACTUAL EFFECT OF EACH TAX ON NATIONAL PRODUCTION ON THE ONE HAND AND ON IMPORTED PRODUCTS ON THE OTHER , SINCE EVEN WHERE THE RATE OF TAX IS EQUAL THE EFFECT OF THAT TAX MAY VARY ACCORDING TO THE DETAILED RULES FOR THE BASIS OF ASSESSMENT AND LEVYING THEREOF APPLIED TO NATIONAL PRODUCTION AND IMPORTED PRODUCTS RESPECTIVELY .
Francesco Bonu v Council of the European Communities.
Date: 1980-02-28
5 THIS DEFENCE OF THE COUNCIL CANNOT BE ACCEPTED . IT IS BASED ON A WRONG INTERPRETATION OF THE IMPLICATIONS OF THE SECRECY OF THE PROCEEDINGS OF SELECTION BOARDS FOR COMPETITIONS . THIS SECRECY WAS INTRODUCED BY ARTICLE 6 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS WITH A VIEW TO GUARANTEEING THE INDEPENDENCE OF SELECTION BOARDS AND THE OBJECTIVITY OF THEIR PROCEEDINGS , BY PROTECTING THEM FROM ALL EXTERNAL INTERFERENCE AND PRESSURES     WHETHER THESE COME FROM THE COMMUNITY ADMINISTRATION ITSELF OR THE CANDIDATES CONCERNED OR THIRD PARTIES . CONSEQUENTLY OBSERVANCE OF THIS SECRECY RUNS COUNTER TO DIVULGING THE ATTITUDES ADOPTED BY INDIVIDUAL MEMBERS OF SELECTION BOARDS AND ALSO TO REVEALING ALL THE FACTORS RELATING TO INDIVIDUAL OR COMPARATIVE ASSESSMENTS OF CANDIDATES . HOWEVER THE SCOPE OF THIS SECRECY CANNOT BE WIDENED TO SUCH AN EXTENT AS TO REFUSE DISCLOSURES OF OBJECTIVE FACTS AND IN PARTICULAR OF THE CRITERIA FOR ASSESSMENT UPON WHICH SELECTION HAS BEEN BASED AT THE STAGE OF THE PRELIMINARY PROCEEDINGS OF THE COMPETITION , WHICH ENABLES THOSE WHOSE APPLICATIONS HAVE BEEN REJECTED EVEN BEFORE ANY INDIVIDUAL TEST TO ASCERTAIN THE POSSIBLE REASONS FOR THEIR ELIMINATION .
H. Ferwerda BV v Produktschap voor Vee en Vlees.
Date: 1980-03-05
9 THE COUNCIL HAS ADOPTED THIS APPROACH IN PARTICULAR BY ENACTING REGULATION ( EEC ) NO 1697/79 OF 24 JULY 1979 ON THE POST-CLEARANCE RECOVERY OF IMPORT DUTIES OR EXPORT DUTIES WHICH HAVE NOT BEEN REQUIRED OF THE PERSON LIABLE FOR PAYMENT ON GOODS ENTERED FOR A CUSTOMS PROCEDURE INVOLVING THE OBLIGATION TO PAY SUCH DUTIES ( OFFICIAL JOURNAL 1979 , L 197 , P . 1 ) AND REGULATION ( EEC ) NO 1430/79 OF 2 JULY 1979 ON THE REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES ( OFFICIAL JOURNAL 1979 , L 175 , P . 1 ) WHICH , HOWEVER , ARE ONLY TO ENTER INTO FORCE ON 1 JULY 1980 . THE ARRANGEMENTS ALREADY IN EXISTENCE AND THE ABOVE-MENTIONED PROVISIONS NEVERTHELESS PROVIDE ONLY A PARTIAL SOLUTION     TO THE PROBLEMS CONCERNING THE EQUALITY OF PERSONS IN THIS SPHERE AND THE NECESSARILY TECHNICAL AND DETAILED NATURE OF SUCH PROVISIONS MEANS THAT A JUDICIAL INTERPRETATION CAN ONLY PROVIDE A PARTIAL REMEDY .
12 IT FOLLOWS NEVERTHELESS FROM THOSE CONSIDERATIONS THAT THE EXPRESS REFERENCE TO NATIONAL LAWS IS SUBJECT TO THE SAME LIMITS AS THOSE AFFECTING THE IMPLIED REFERENCE , THE NEED FOR WHICH HAS BEEN ACKNOWLEDGED IN THE ABSENCE OF COMMUNITY PROVISIONS , INASMUCH AS THE APPLICATION OF NATIONAL LEGISLATION MUST BE EFFECTED IN A NON-DISCRIMINATORY MANNER HAVING REGARD TO THE PROCEDURAL RULES RELATING TO DISPUTES OF THE SAME TYPE , BUT PURELY NATIONAL , AND     IN SO FAR AS PROCEDURAL RULES CANNOT HAVE THE RESULT OF MAKING IMPOSSIBLE IN PRACTICE THE EXERCISE OF RIGHTS CONFERRED BY COMMUNITY LAW .
Karl Könecke Fleischwarenfabrik GmbH & Co. KG v Commission of the European Communities.
Date: 1980-03-05
9 IN RAISING THAT OBJECTION THE COMMISION IS IN BREACH OF ITS OBLIGATION UNDER ARTICLE 176 OF THE TREATY WHEN ONE OF ITS ACTS HAS BEEN DECLARED VOID . ACCORDING TO THAT PROVISION THE INSTITUTION WHOSE ACT HAS BEEN DECLARED VOID ' ' SHALL BE REQUIRED TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE JUDGMENT OF THE COURT OF JUSTICE ' ' . EVEN IF IN THE CIRCUMSTANCES IT PROVES IMPOSSIBLE TO FULFIL THAT OBLIGATION THE APPLICATION FOR ANNULMENT STILL CONSTITUTES AN INTEREST AS THE BASIS FOR POSSIBLE PROCEEDINGS FOR DAMAGES .
15 THE COMMISSION MUST ACCORDINGLY APPRAISE FIRST WHETHER , WITHIN THE FRAMEWORK OF TENDERING ARRANGEMENTS WHICH SHOULD HAVE BEEN IN ACCORDANCE WITH THE LEGAL REQUIREMENTS SET OUT IN THE JUDGMENT OF 6 MARCH 1979 , THE APPLICANT ' S TENDERS COULD COME WITHIN RANGE . IF THE COMMISSION CONSIDERS THAT SUCH WAS THE CASE , THEN BY VIRTUE OF ARTICLE 176 OF THE TREATY IT WILL NEED , AS RESPECTS THE APPLICANT , HAVING DUE REGARD TO THE BASIC PRINCIPLES AT PRESENT APPLICABLE TO THE MANAGEMENT OF THE MARKET IN BEEF AND VEAL , TO TAKE SUCH DECISION AS WILL PROVIDE DUE COMPENSATION FOR THE DAMAGE WHICH THE APPLICANT HAS SUFFERED AS A RESULT OF THE DECISION WHICH HAS BEEN ANNULLED .