larimo/cjeu-paragraph-retrieval huggingface dataset:
Anastasia Peskeloglou v Bundesanstalt für Arbeit.
Date: 1983-03-23
12 THAT PROVISION , WHICH IS INTENDED TO PREVENT DISTURBANCE OF THE LABOUR MARKET BOTH IN GREECE AND IN THE OTHER MEMBER STATES AS A RESULT OF IMMEDIATE AND SUBSTANTIAL MOVEMENTS OF WORKERS FOLLOWING ACCESSION , CONSTITUTES A DEROGATION FROM THE PRINCIPLE OF THE FREE MOVEMENT OF WORKERS LAID DOWN IN ARTICLE 48 OF THE EEC TREATY . AS SUCH IT MUST BE INTERPRETED RESTRICTIVELY , AS IS APPARENT FROM ARTICLE 44 OF THE ACT OF ACCESSION WHICH LAYS DOWN THE PRINCIPLE THAT ARTICLE 48 OF THE TREATY IS IMMEDIATELY APPLICABLE , SUBJECT TO THE TRANSITIONAL PROVISIONS CONTAINED INTER ALIA IN ARTICLE 45 .
13 FROM THAT IT FOLLOWS THAT THE FEDERAL REPUBLIC OF GERMANY IS AUTHORIZED TO MAINTAIN EXISTING RESTRICTIONS BUT MAY NOT IN ANY CIRCUMSTANCES DURING THE TRANSITIONAL PERIOD MAKE MORE STRINGENT THE CONDITIONS ON THE TAKING UP AND PURSUIT OF EMPLOYMENT BY GREEK NATIONALS THROUGH THE INTRODUCTION OF FRESH RESTRICTIVE MEASURES .
Criminal proceedings against Paul Cousin and others.
Date: 1983-03-23
15 ON THIS MATTER IT MUST FIRST BE POINTED OUT , AS THE COURT HAS STATED IN ITS JUDGMENTS OF 31 JANUARY 1979 ( CASES 34/78 YOSHIDA NEDERLAND V KAMER VAN KOOPHANDEL EN FABRIEKEN VOOR FRIESLAND ( 1979 ) ECR 115 AND 114/78 YOSHIDA V INDUSTRIE- UND HANDELSKAMMER KASSEL ( 1979 ) ECR 151 ), THAT IN ADOPTING IMPLEMENTING PROVISIONS PURSUANT TO ARTICLE 14 OF COUNCIL REGULATION ( EEC ) NO 802/68 , THE COMMISSION IS OBLIGED NOT TO EXCEED THE POWERS WHICH THE COUNCIL HAS CONFERRED UPON IT FOR THE IMPLEMENTATION OF THE RULES WHICH IT HAS PROMULGATED IN THAT REGULATION AND , MORE PRECISELY , THAT IT MUST DEFINE SPECIFIC CRITERIA OF ORIGIN WHICH COMPLY WITH THE OBJECTIVE CRITERIA OF ARTICLE 5 OF REGULATION ( EEC ) NO 802/68 OF THE COUNCIL WHICH IS THE LEGAL BASIS OF THE IMPLEMENTING REGULATION AND THE SOURCE OF THE POWERS WHICH THE COMMISSION EXERCISES IN ADOPTING IT .
16 SINCE THE SPECIFIC CRITERIA OF ORIGIN ADOPTED BY THE COMMISSION IN REGULATION NO 749/78 WERE DRAWN , IN THE FIRST INSTANCE , FROM THE TARIFF CLASSIFICATION OF     PROCESSED PRODUCTS IT SHOULD BE BORNE IN MIND , AS THE COURT HAS STATED IN ITS JUDGMENT OF 26 JANUARY 1977 IN CASE 49/76 GESELLSCHAFT FUR UBERSEEHANDEL V HANDELSKAMMER HAMBURG ( 1977 ) ECR 41 , THAT FOR THE PURPOSES OF THE APPLICATION OF REGULATION NO 802/68 IT IS NOT SUFFICIENT TO SEEK CRITERIA DEFINING THE ORIGIN OF GOODS IN THE TARIFF CLASSIFICATION OF PROCESSED PRODUCTS , SINCE THE COMMON CUSTOMS TARIFF HAS BEEN CONCEIVED TO FULFIL SPECIAL PURPOSES AND NOT IN RELATION TO THE DETERMINATION OF THE ORIGIN OF PRODUCTS . ON THE CONTRARY , IN ORDER TO MEET THE PURPOSES AND REQUIREMENTS OF REGULATION NO 802/68 THE DETERMINATION OF THE ORIGIN OF GOODS MUST BE BASED ON A REAL AND OBJECTIVE DISTINCTION BETWEEN RAW MATERIAL AND PROCESSED PRODUCT , DEPENDING FUNDAMENTALLY ON THE SPECIFIC MATERIAL QUALITIES OF EACH OF THOSE PRODUCTS .
17 HOWEVER , THOSE PRINCIPLES DO NOT PREVENT THE COMMISSION , IN EXERCISING THE POWER CONFERRED UPON IT BY THE COUNCIL FOR THE IMPLEMENTATION OF ARTICLE 5 OF REGULATION NO 802/68 , FROM HAVING A MARGIN OF DISCRETION WHICH ALLOWS IT TO DEFINE THE ABSTRACT CONCEPTS OF THAT PROVISION WITH REFERENCE TO SPECIFIC WORKING OR PROCESSING OPERATIONS . THE COMMISSION HAS TAKEN THE CHANGE OF TARIFF HEADING ONLY AS A BASIC RULE , JUSTIFIED ON THE ONE HAND BY THE NEED FOR LEGAL CERTAINTY AND ON THE OTHER HAND BY THE PROBLEMS OF DEFINITION IN MULTIPLE ECONOMIC CIRCUMSTANCES . IT HAS SUPPLEMENTED AND ADAPTED THAT BASIC RULE BY LISTS A AND B , MENTIONED EARLIER , IN ORDER TO TAKE INTO ACCOUNT THE PARTICULAR FEATURES OF SPECIFIC WORKING OR PROCESSING OPERATIONS . THE CHOICE OF SUCH A METHOD IS NOT IN ITSELF INCOMPATIBLE WITH ARTICLE 5 OF REGULATION NO 802/68 .
Salvatore Ragusa v Commission of the European Communities.
Date: 1983-04-21
13 IN THIS RESPECT IT SHOULD BE RECALLED THAT THE COURT CANNOT SUBSTITUTE ITS ASSESSMENT OF THE MERITS AND QUALIFICATIONS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY . NOTHING IN THE FILE SUGGESTS THAT IN ASSESSING THE MERITS AND QUALIFICATIONS OF THE APPLICANT AND OF THE CANDIDATE APPOINTED , THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE COMMITTED A MANIFEST ERROR . MOREOVER , EVENTS SUBSEQUENT TO THE DISPUTED APPOINTMENT CANNOT BE INVOKED IN SUPPORT OF SUCH AN ALLEGATION .
Kuno Ditterich v Commission of the European Communities.
Date: 1983-05-05
13 THE COURT HAS CONSISTENTLY HELD THAT PERIODIC REPORTS CONTAIN ASSESSMENTS WHICH CANNOT BE REVIEWED BY THE COURT SAVE IN ORDER TO IDENTIFY IRREGULARITIES OF FORM , MANIFEST FACTUAL ERROR OR MISUSE BY THE PERSONS INVOLVED IN THE DRAWING UP OF THE REPORTS OF THEIR POWER OF APPRAISAL .
Raad van Arbeid v Mrs Van der Bunt - Craig.
Date: 1983-05-05
15 IN RELATION TO THE ANSWER TO THE SECOND PART OF THE QUESTION , ON THE APPLICABILITY OF RULES AGAINST OVERLAPPING BENEFITS , IT SHOULD BE POINTED OUT THAT THE NATIONAL COURT CONSIDERED ONLY INSTANCES IN WHICH THOSE BENEFITS OF THE SAME KIND ARE GRANTED EXCLUSIVELY ON THE BASIS OF ENTITLEMENT UNDER NATIONAL LAW . IT SHOULD BE RECALLED THAT , ACCORDING TO WELL-ESTABLISHED CASE-LAW , WHEN A WORKER RECEIVES A PENSION PURSUANT TO NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THAT LEGISLATION FROM BEING APPLIED TO HIM IN ITS ENTIRETY , INCLUDING THE NATIONAL RULES AGAINST OVERLAPPING BENEFITS . IT MUST BE NOTED HOWEVER THAT IF IT HAPPENS THAT THE APPLICATION OF THAT NATIONAL LEGISLATION IS LESS FAVOURABLE TO THE WORKER THAN THE APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 , THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED . IN THE LATTER SUPPOSITION , PARAGRAPH ( 3 ) OF ARTICLE 46 , WHICH SEEKS TO LIMIT THE OVERLAP OF ACQUIRED BENEFITS , BY THE MEANS PROVIDED IN PARAGRAPHS ( 1 ) AND ( 2 ) OF THAT ARTICLE , IS APPLICABLE , TO THE EXCLUSION OF RULES AGAINST OVERLAPPING LAID DOWN BY NATIONAL LEGISLATION .
Klöckner-Werke AG v Commission of the European Communities.
Date: 1983-05-11
22 IN THAT CONTEXT THE COMMISSION EXPLAINS THAT , IN THE LIGHT OF EXPERIENCE , IT APPEARED THAT THE EFFECT OF THE CORRECTIVE UNDER ARTICLE 4 ( 3 ) OF DECISION 2794/80 WAS TO CONFER AN UNJUSTIFIED ADVANTAGE ON UNDERTAKINGS CHARACTERIZED BY AN OPERATING RATE BELOW THE COMMUNITY AVERAGE , TO THE DETRIMENT OF THE OTHER UNDERTAKINGS . IT NOTES THAT THE APPLICANT DERIVED     GREATER BENEFIT FROM THAT PROVISION THAN ANY OTHER UNDERTAKING . THE OBJECTIVE OF THE NEW DECISION WAS PRECISELY TO LESSEN THAT ADVANTAGE IN ORDER TO DO JUSTICE TO PROTESTS FROM OTHER LESS-FAVOURED UNDERTAKINGS . THE COMMISSION DENIES THAT THE TREATMENT OF THE APPLICANT UNDER THE NEW DECISION MAY BE DESCRIBED AS CAUSING ITS PREVIOUS POSITION TO ' ' DETERIORATE ' ' ; THE NEW DECISION MEANS MERELY PARTIAL WITHDRAWAL OF AN UNJUSTIFIED ADVANTAGE .
23 THE COMMISSION CONSIDERS THAT , BY RE-DEFINING THE DETAILED RULES GOVERNING THE CALCULATION OF PRODUCTION QUOTAS , IT HAS MOVED CLOSER TO ESTABLISHING AN ' ' EQUITABLE BASIS ' '  FOR ALL COMMUNITY UNDERTAKINGS . IN THAT CONNECTION IT EMPHASIZES , WHILST RECALLING THE REASONING SET OUT IN CASE 119/81 , THAT A SYSTEM OF PRODUCTION QUOTAS SET UP BY VIRTUE OF ARTICLE 58 MUST NECESSARILY BE BASED ON UNDERTAKINGS '  ACTUAL PRODUCTION AND NOT ON THEIR PRODUCTIVE CAPACITY . AN EXAMINATION OF CAPACITY AFFORDS NO INDICATION AS TO ACTUAL OUTPUT AND IS THEREFORE NOT CAPABLE OF FURNISHING A MORE USEFUL CRITERION FOR THE PURPOSE OF ADAPTING THAT OUTPUT TO THE DECLINE IN DEMAND .
44 IN ITS JUDGMENT OF 7 JULY 1982 , THE COURT STRESSED THAT , OWING TO THE VERY NATURE OF THE MACHINERY ENVISAGED BY ARTICLE 58 OF THE TREATY , ANY RESTRICTION OF PRODUCTION HAS AN IMPACT BOTH ON OPPORTUNITIES OF SELLING ON THE COMMUNITY MARKET AND ON EXPORT OPPORTUNITIES . AS THE COMMISSION HAS RIGHTLY EXPLAINED , THE LAYING DOWN OF PRODUCTION QUOTAS WOULD BE INEFFECTIVE IF UNDERTAKINGS WERE TO REMAIN AT LIBERTY TO EXPORT QUANTITIES WITHOUT ANY SUPERVISION TO NON-MEMBER COUNTRIES , SINCE THE EFFECT OF SUCH EXPORTS MIGHT BE NOT ONLY TO COMPROMISE THE INTERESTS OF THE COMMUNITY IN THOSE MARKETS BUT ALSO TO DEFLECT SOME OF THE GOODS BACK TO THE DOMESTIC MARKET AND TO JEOPARDIZE ITS EQUILIBRIUM .
Klöckner-Werke AG v Commission of the European Communities.
Date: 1983-05-11
34 WHATEVER THE CIRCUMSTANCES , EVEN IF IT WERE HYPOTHETICALLY POSSIBLE TO ACCEPT THAT THE UTTERANCES ATTRIBUTED TO MR DEFRAIGNE CONCERNED THE NON-ENFORCEMENT OF THE FINE , SUCH A DECLARATION WOULD BE DEVOID OF LEGAL FORCE , FOR IF THE ' ' PROMISE ' '  RELATED TO THE WAIVER OF THE LEGAL CONSEQUENCES OF OVER-PRODUCTION OFFICIALLY DETERMINED , IT WOULD BE ILLEGAL INASMUCH AS ARTICLE 9 OF DECISION 2794/80 REQUIRES THE COMMISSION TO IMPOSE THE FINE WHENEVER PRODUCTION IN EXCESS OF THE QUOTAS IS DETERMINED .
Commission of the European Communities v Kingdom of Belgium.
Date: 1983-05-17
8 IT IS APPROPRIATE TO RECALL , IN THE FIRST PLACE , THAT ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , ANY PECUNIARY CHARGE , HOWEVER SMALL AND WHATEVER ITS DESIGNATION AND MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON THE GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY , EVEN IF IT IS NOT LEVIED BY THE STATE . THE POSITION IS DIFFERENT ONLY IF THE CHARGE IN QUESTION IS THE CONSIDERATION FOR A SERVICE ACTUALLY RENDERED TO THE IMPORTER AND IS OF AN     AMOUNT COMMENSURATE WITH THAT SERVICE , WHEN THE CHARGE CONCERNED , AS IN THIS CASE , IS PAYABLE EXCLUSIVELY ON IMPORTED PRODUCTS .
13 THAT ARGUMENT CANNOT HOWEVER BE ACCEPTED . WHILST IT IS TRUE THAT THE USE OF A PUBLIC WAREHOUSE IN THE INTERIOR OF THE COUNTRY OFFERS CERTAIN ADVANTAGES TO IMPORTERS IT SEEMS CLEAR FIRST OF ALL THAT SUCH ADVANTAGES ARE LINKED SOLELY WITH THE COMPLETION OF CUSTOMS FORMALITIES WHICH , WHATEVER THE PLACE , IS ALWAYS COMPULSORY . IT SHOULD MOREOVER BE NOTED THAT SUCH ADVANTAGES RESULT FROM THE SCHEME OF COMMUNITY TRANSIT , INTRODUCED BY REGULATIONS NOS 542/69 AND 222/77 , NOT IN THE INTERESTS OF INDIVIDUAL TRADERS , BUT AS THE FOURTH AND SIXTH RECITALS IN THE PREAMBLE TO REGULATION NO 222/77 CLEARLY INDICATE , IN ORDER TO INCREASE THE FLUIDITY OF THE MOVEMENT OF GOODS AND TO FACILITATE TRANSPORT WITHIN THE COMMUNITY . THERE CAN THEREFORE BE NO QUESTION OF LEVYING ANY CHARGES FOR CUSTOMS CLEARANCE FACILITIES ACCORDED IN THE INTERESTS OF THE COMMON MARKET .
Commission of the European Communities v Grand-Duchy of Luxembourg.
Date: 1983-05-17
14 THAT ARGUMENT CANNOT HOWEVER BE ACCEPTED . WHILST IT IS TRUE THAT THE USE OF A PUBLIC WAREHOUSE IN THE INTERIOR OF THE COUNTRY OFFERS CERTAIN ADVANTAGES TO IMPORTERS , IT SEEMS CLEAR FIRST OF ALL THAT SUCH ADVANTAGES ARE LINKED SOLELY WITH THE COMPLETION OF CUSTOMS FORMALITIES WHICH , WHATEVER THE PLACE , IS ALWAYS COMPULSORY . IT SHOULD MOREOVER BE NOTED THAT SUCH ADVANTAGES RESULT FROM THE SCHEME OF COMMUNITY TRANSIT , INTRODUCED BY REGULATIONS NOS 542/69 AND 222/77 , NOT IN THE INTERESTS OF INDIVIDUAL TRADERS , BUT , AS THE FOURTH AND SIXTH RECITALS IN THE PREAMBLE TO REGULATION NO 222/77 CLEARLY INDICATE , IN ORDER TO INCREASE THE FLUIDITY OF MOVEMENT OF GOODS AND TO FACILITATE TRANSPORT WITHIN THE COMMUNITY . THERE CAN THEREFORE BE NO QUESTION OF LEVYING ANY CHARGES FOR CUSTOMS CLEARANCE FACILITIES ACCORDED IN THE INTEREST OF THE COMMON MARKET .
Vassilis Mavridis v European Parliament.
Date: 1983-05-19
23 AS THE COURT HELD IN ITS JUDGMENT OF 29 OCTOBER 1975 ( JOINED CASES 81 TO 88/74 MARENCO V COMMISSION ( 1974 ) ECR 1247 , PARAGRAPH 21 OF THE DECISION ), A DECISION TO HAVE RECOURSE TO ARTICLE 29 ( 2 ) MADE DURING THE COURSE OF A RECRUITMENT PROCEDURE WHICH HAS BEEN INITIATED NEED NOT     NECESSARILY BE TAKEN WHEN THE VACANCY NOTICES ARE PUBLISHED AND NEED NOT BE PUBLISHED IN THE OFFICIAL JOURNAL .
Constantin Verros v European Parliament.
Date: 1983-05-19
9 ARTICLE 42 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT PROVIDES THAT NO FRESH ISSUE MAY BE RAISED IN THE COURSE OF PROCEEDINGS UNLESS IT IS BASED ON MATTERS OF LAW OR OF FACT WHICH COME TO LIGHT IN THE COURSE OF THE WRITTEN PROCEDURE . HOWEVER , THE COURT OBSERVED IN ITS JUDGMENT OF 30 SEPTEMBER ( CASE 108/81 AMYLUM V COUNCIL ( 1982 ) ECR 3107 ), THAT A SUBMISSION WHICH MAY BE REGARDED AS ' ' AMPLIFYING A SUBMISSION MADE PREVIOUSLY ' ' , DIRECTLY OR BY IMPLICATION IN THE ORIGINAL APPLICATION , MUST BE CONSIDERED ADMISSIBLE .
10 THE COURT NOTES THAT THE SECOND SUBMISSION IS CLOSELY CONNECTED WITH THE FIRST SUBMISSION ALLEGING AN INFRINGEMENT OF THE FIRST PARAGRAPH OF ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS , WHICH IS CITED IN THE APPLICATION . IN THOSE CIRCUMSTANCES , THAT SECOND SUBMISSION CONSTITUTES BY IMPLICATION A BRANCH OF THE FIRST SUBMISSION , AND MUST THEREFORE BE REGARDED AS ADMISSIBLE .
Pieter Willem Seton v Commission of the European Communities.
Date: 1983-06-01
20 IN MAKING THAT SUBMISSION THE APPLICANT FAILS TO UNDERSTAND THE ROLE OF THE APPEAL ASSESSOR . HIS TASK IS TO CHECK , QUITE INDEPENDENTLY , THE ASSESSMENTS MADE BY THE FIRST ASSESSOR . HE IS THEREFORE PERFECTLY ENTITLED TO CONFIRM THE FIRST ASSESSMENT IF HE THINKS THAT APPROPRIATE .
23 IN THIS REGARD IT MUST BE STRESSED THAT ASSESSORS HAVE THE WIDEST DISCRETION WHEN JUDGING THE WORK OF PERSONS UPON WHOM THEY MUST REPORT AND THAT IT IS NOT FOR THE COURT TO INTERFERE WITH THEIR ASSESSMENTS SAVE IN THE CASE OF ERROR OR MANIFEST EXAGGERATION .
Commission of the European Communities v Italian Republic.
Date: 1983-06-07
11 IN THE FIRST PLACE IT SHOULD BE RECALLED , AS THE COURT HAS HELD , IN PARTICULAR , IN ITS JUDGMENTS OF 3 FEBRUARY 1976 ( CASE 59/75 PUBBLICO MINISTERO V MANGHERA ( 1976 ) ECR 91 ) AND OF 13 MARCH 1979 ( CASE 91/78 HANSEN V HAUPTZOLLAMT FLENSBURG ( 1979 ) ECR 935 ), THAT ARTICLE 37 OF THE TREATY DOES NOT DEMAND THE TOTAL ABOLITION OF NATIONAL MONOPOLIES HAVING A COMMERCIAL CHARACTER BUT REQUIRES THEM TO BE ADJUSTED IN SUCH A WAY AS TO ENSURE THAT NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES . IT IS CLEAR NOT ONLY FROM THE WORDING OF ARTICLE 37 BUT ALSO FROM ITS POSITION IN THE GENERAL     SCHEME OF THE TREATY THAT THE ARTICLE IS DESIGNED TO ENSURE COMPLIANCE WITH THE FUNDAMENTAL RULE OF THE FREE MOVEMENT OF GOODS THROUGHOUT THE COMMON MARKET , IN PARTICULAR BY THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT IN TRADE BETWEEN MEMBER STATES , AND THEREBY TO MAINTAIN NORMAL CONDITIONS OF COMPETITION BETWEEN THE ECONOMIES OF MEMBER STATES SHOULD A GIVEN PRODUCT , IN ONE OR OTHER OF THOSE STATES , BE SUBJECT TO A NATIONAL MONOPOLY OF A COMMERCIAL CHARACTER .
Rudy Verzyck v Commission of the European Communities.
Date: 1983-06-09
19 THE COURT CANNOT , WITHOUT ENCROACHING UPON THE PREROGATIVES OF THE ADMINISTRATION , ORDER A COMMUNITY INSTITUTION TO ADOPT THE MEASURES NECESSARY FOR THE ENFORCEMENT OF A JUDGMENT BY WHICH A DECISION REFUSING TO ADMIT A CANDIDATE TO A COMPETITION IS ANNULLED .
Commission of the European Communities v French Republic.
Date: 1983-06-21
18 IT IS TO THAT END THAT ARTICLE 5 ( 1 ) PROVIDES AS FOLLOWS : ' ' MANUFACTURERS AND IMPORTERS SHALL BE FREE TO DETERMINE THE MAXIMUM RETAIL SELLING PRICE FOR EACH OF THEIR PRODUCTS . THIS PROVISION MAY NOT , HOWEVER , HINDER IMPLEMENTATION OF THE NATIONAL SYSTEMS OF LEGISLATION REGARDING THE CONTROL OF PRICE LEVELS OR THE OBSERVANCE OF IMPOSED PRICES . ' '
22 IT FOLLOWS FROM THE USUAL MEANING OF THE EXPRESSION ' ' CONTROL ' ' , AS WELL AS FROM A COMPARISON OF THE DIFFERENT VERSIONS OF THE DIRECTIVE IN THE VARIOUS LANGUAGES AND OF THE REFERENCE , IN MANY OF THOSE VERSIONS , TO THE ' ' LEVEL ' '  OF PRICES , THAT THE EXPRESSION ' ' CONTROL OF THE PRICE LEVELS ' '  CAN REFER ONLY TO NATIONAL LEGISLATION OF A GENERAL NATURE INTENDED TO CHECK THE INCREASE IN PRICES .
23 AS TO THE EXPRESSION ' ' OBSERVANCE OF IMPOSED PRICES ' ' , THE COURT HAS ALREADY HAD OCCASION , IN ITS JUDGMENT OF 16 NOVEMBER 1977 ( CASE 13/77 , GB-INNO-BM V VERENIGING VAN DE KLEINHANDELAARS IN TABAK , ( 1977 ) ECR 2115 ) TO EXPLAIN THAT , WITHIN THE CONTEXT OF THE SYSTEM FOR TAXATION OF TOBACCO , THAT EXPRESSION MUST BE UNDERSTOOD AS REFERRING TO A PRICE WHICH , ONCE DETERMINED BY THE MANUFACTURER OR IMPORTER AND APPROVED BY THE PUBLIC AUTHORITY , IS COMPULSORY AS A MAXIMUM PRICE AND MUST BE OBSERVED AS SUCH AT ALL STAGES OF THE DISTRIBUTION NETWORK , UP TO THE SALE TO THE CONSUMER . THE EFFECT OF THAT MECHANISM APPEARS WITH PARTICULAR CLARITY IN THE APPLICATION OF TAX LABELS BEARING THE SELLING PRICE , AS IS THE PRACTICE IN SEVERAL MEMBER STATES .
Société coopérative d'amélioration de l'élevage et d'insémination artificielle du Béarn v Lucien J.M. Mialocq and others.
Date: 1983-06-28
11 THE CIRCUMSTANCES REFERRED TO IN THE JUDGMENT MAKING THE REFERENCE AND THOSE WHICH HAVE COME TO LIGHT IN THE COURSE OF THE PROCEEDINGS BEFORE THE COURT ARE NOT , HOWEVER , SUFFICIENT TO SUPPORT THE VIEW THAT LEGISLATION OF THE KIND WHICH IN FRANCE GOVERNS THE ARTIFICIAL INSEMINATION OF CATTLE INDIRECTLY ESTABLISHES A MONOPOLY HINDERING THE FREE MOVEMENT OF GOODS .
12 IN FACT , IT IS CLEAR FROM THOSE CIRCUMSTANCES THAT , UNDER THE LEGISLATION APPLICABLE IN FRANCE , ANY INDIVIDUAL BREEDER IS FREE TO REQUEST THE INSEMINATION CENTRE FOR HIS AREA TO SUPPLY HIM WITH SEMEN FROM A PRODUCTION CENTRE OF HIS CHOICE , WHETHER SITUATED IN FRANCE OR ABROAD . THE FRENCH GOVERNMENT HAS STATED THAT THERE IS NOTHING IN ITS LEGISLATION TO PREVENT AN INSEMINATION CENTRE OR EVEN AN INDIVIDUAL BREEDER EITHER FROM APPROACHING A FOREIGN CENTRE DIRECTLY WITH A VIEW TO PURCHASING SEMEN FROM IT OR FROM OBTAINING THE NECESSARY IMPORT LICENCE .
Bernhard Schloh v Council of the European Communities.
Date: 1983-06-30
14 THE OBJECTION IS WELL FOUNDED . EVEN THOUGH , AS THE APPLICANT NOTES , THE DUTY OF THE INSTITUTIONS TO COMPLY WITH THE PROVISIONS RELATING TO RECRUITMENT CORRESPONDS TO A PUBLIC INTEREST , THE APPLICANT IS NOT ENTITLED TO ACT IN THE INTERESTS OF THE LAW OR OF THE INSTITUTIONS AND MAY PUT FORWARD , IN SUPPORT OF AN ACTION FOR THE ANNULMENT OF AN APPOINTMENT , ONLY SUCH CLAIMS AS RELATE TO HIM PERSONALLY . THE SUBMISSION MUST THEREFORE BE DECLARED INADMISSIBLE .

THE REMAINING SUBMISSIONS
Biagio Valentini v ASSEDIC de Lyon.
Date: 1983-07-05
13 ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , SOCIAL SECURITY BENEFITS MUST BE REGARDED , IRRESPECTIVE OF CHARACTERISTICS PECULIAR TO THE VARIOUS NATIONAL LAWS , AS BEING OF THE SAME KIND WHEN THEIR PURPOSE AND OBJECT TOGETHER WITH THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR GRANTING THEM ARE IDENTICAL . ON THE OTHER HAND , CHARACTERISTICS WHICH ARE PURELY FORMAL MUST NOT BE CONSIDERED RELEVANT CRITERIA FOR THE CLASSIFICATION OF THE BENEFITS .
14 IN THAT RESPECT , IT SHOULD BE NOTED THAT THE ESSENTIAL CHARACTERISTIC OF THE OLD-AGE BENEFITS REFERRED TO IN ARTICLE 4 ( 1 ) ( C ) AND 46 OF REGULATION NO 1408/71 LIES IN THE FACT THAT THEY ARE INTENDED TO SAFEGUARD THE MEANS OF SUBSISTENCE OF PERSONS WHO , WHEN THEY REACH A CERTAIN AGE , LEAVE THEIR EMPLOYMENT AND ARE NO LONGER REQUIRED TO HOLD THEMSELVES AVAILABLE FOR     WORK AT THE EMPLOYMENT OFFICE . MOREOVER , THE SYSTEM OF AGGREGATION AND APPORTIONMENT OF THE BENEFITS PROVIDED FOR IN ARTICLE 46 IS BASED ON THE ASSUMPTION THAT THE BENEFITS ARE NORMALLY FINANCED , ACQUIRED ON THE BASIS OF THE RECIPIENT ' S OWN CONTRIBUTIONS AND CALCULATED BY REFERENCE TO THE LENGTH OF TIME DURING WHICH HE HAS BEEN AFFILIATED TO THE INSURANCE SCHEME .
17 THE RETIREMENT ALLOWANCES ALSO DIFFER IN SO FAR AS THEY PURSUE AN OBJECT RELATED TO EMPLOYMENT POLICY INASMUCH AS THEY HELP TO RELEASE POSTS HELD BY WORKERS WHO ARE NEAR THE AGE OF RETIREMENT FOR THE BENEFIT OF YOUNGER UNEMPLOYED PERSONS , AN OBJECT WHICH HAS ONLY BECOME APPARENT AFTER THE IMPLEMENTATION OF REGULATION NO 1408/71 , IN THE CONTEXT OF THE ECONOMIC CRISIS WHICH HAS AFFECTED THE COMMUNITY FOR A NUMBER OF YEARS .
Jean-Jacques Geist v Commission of the European Communities.
Date: 1983-07-06
6 IN SUPPORT OF HIS APPLICATION THE APPLICANT FIRST OF ALL MAKES TWO SUBMISSIONS OF PATENT DEFECTS IN THE DECISION NOTIFIED ON 14 JULY 1980 REJECTING HIS APPLICATION . HE CLAIMS ON THE ONE HAND THAT THE OFFICIAL WHO SIGNED THE MEMORANDUM OF 14 JULY 1980 HAD NO POWER TO DO SO AND ON THE OTHER THAT THE GROUNDS ON WHICH THE DECISION WAS BASED WERE NOT STATED .
7 THE COURT FINDS THAT EVEN ASSUMING THAT THE CONTESTED DECISION IS VITIATED BY THE TWO BREACHES OF PROCEDURAL REQUIREMENTS ALLEGED , AN APPLICANT HAS NO LEGITIMATE INTEREST IN SECURING THE ANNULMENT OF A DECISION FOR A FORMAL DEFECT WHERE THE ADMINISTRATION HAS NO DISCRETION AND IS BOUND TO ACT IS IT DID . IN SUCH A CASE THE ANNULMENT OF THE CONTESTED DECISION COULD ONLY GIVE RISE TO ANOTHER DECISION SUBSTANTIALLY IDENTICAL TO THE DECISION ANNULLED .
Jean-Jacques Geist v Commission of the European Communities.
Date: 1983-07-06
12 IT MUST BE OBSERVED IN THE FIRST PLACE THAT , CONTRARY TO THE APPLICANT ' S STATEMENTS , THE GROUNDS ON WHICH THE CONTESTED DECISION IS BASED DO NOT INCLUDE THE FACT THAT MR GEIST REFUSED ALL POSTS OFFERED TO HIM . ALTHOUGH THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE POINTED OUT THAT THE APPLICANT HAD REFUSED A FIRST POST , HE SUBSEQUENTLY CONFINED HIMSELF TO OBSERVING THAT THE APPLICANT ' S RESERVATIONS AND HIS RETICENT ATTITUDE HAD LED THE DIRECTOR RESPONSIBLE TO WITHDRAW THE OFFER OF A SECOND POST MADE TO HIM . NEITHER THE DOCUMENTS IN THE FILE NOR THE ARGUMENTS BEFORE THE COURT HAVE SHOWN THOSE     OBSERVATIONS TO BE WRONG . THE CONTESTED DECISION CANNOT THEREFORE BE REGARDED AS BASED ON SUBSTANTIALLY INCORRECT FACTS AND THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED .
24 IN THAT RESPECT IT SHOULD BE BORNE IN MIND THAT AFTER TAKING NOTE OF THE OPINION OF MR GEIST ' S OWN DOCTOR GIVEN ON 13 NOVEMBER 1980 AND AFTER EXAMINING HIM PERSONALLY , DR DE GEYTER CONCLUDED ON 15 NOVEMBER 1980 THAT MR GEIST ' S ABSENCE FROM WORK WAS NOT DUE TO MEDICAL REASONS BUT TO THE FACT THAT IT HAD NOT BEEN POSSIBLE TO RESOLVE THE CONFLICT WHICH HAD EXISTED FOR YEARS BETWEEN HIM AND HIS ADMINISTRATION . THERE IS NOTHING IN THE FILE TO INDICATE THAT THAT MEDICAL EXAMINATION WAS NOT PROPERLY CONDUCTED . IT WAS THEREFORE FOR THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE TO INVITE MR     GEIST , AS HE DID BY HIS LETTER OF 5 DECEMBER 1980 , TO RESUME HIS DUTIES AT ISPRA WITHOUT DELAY .
25 IT IS TRUE THAT FOLLOWING THAT WARNING THE APPLICANT ' S OWN DOCTOR WROTE ON 14 DECEMBER 1980 TO THE HEAD OF THE MEDICAL BRANCH AT THE ISPRA CENTRE A LETTER INFORMING HIM THAT UPON HIS ADVICE MR GEIST WOULD NOT BE GOING TO ISPRA BECAUSE HE WAS NOT FIT TO WORK THERE . THAT LETTER WAS THUS CONFINED TO GIVING AN OPINION OF WHICH DR DE GEYTER WAS ALREADY AWARE ; IT CONTAINED NO PRECISE MEDICAL DIAGNOSIS AND DID NOT MENTION ANY NEW FACTOR AFFECTING THE APPLICANT ' S HEALTH SUBSEQUENT TO THE MEDICAL EXAMINATION OF THE PREVIOUS 15 NOVEMBER . THE HEAD OF THE ADMINISTRATION AND PERSONNEL DIVISION AT ISPRA THEREFORE RIGHTLY TOOK THE VIEW THAT THE LETTER COULD NOT JUSTIFY MR GEIST ' S ABSENCE NOR COULD IT NECESSITATE A FRESH MEDICAL EXAMINATION OR A REFERENCE TO THE INVALIDITY COMMITTEE . ALTHOUGH THE APPLICANT RELIES ON THE PRODUCTION OF VARIOUS ADDITIONAL MEDICAL CERTIFICATES DATING FROM OCTOBER 1981 , THEY ARE SUBSEQUENT TO THE CONTESTED DECISION AND IN ANY EVENT DO NOT AFFECT ITS VALIDITY .
Sandro Forcheri and his wife Marisa Forcheri, née Marino, v Belgian State and asbl Institut Supérieur de Sciences Humaines Appliquées - Ecole Ouvrière Supérieure.
Date: 1983-07-13
9 IN ANSWER TO THAT QUESTION IT MUST BE OBSERVED THAT THE LEGAL POSITION OF OFFICIALS OF THE COMMUNITY IN THE MEMBER STATES IN WHICH THEY ARE EMPLOYED COMES WITHIN THE SCOPE OF THE TREATY ON A DUAL BASIS BY REASON OF THEIR POST WITH THE COMMUNITY AND BECAUSE THEY MUST ENJOY ALL THE BENEFITS FLOWING FROM COMMUNITY LAW FOR THE NATIONALS OF MEMBER STATES IN RELATION TO FREEDOM OF MOVEMENT , FREEDOM OF ESTABLISHMENT AND SOCIAL SECURITY .