larimo/cjeu-paragraph-retrieval huggingface dataset:
Johanna van Gastel, née Coenen, v Rijksdienst voor Werknemerspensioenen and Rijkskas voor Rust- en Overlevingspensioenen.
Date: 1987-09-24
8 IT SHOULD BE RECALLED FIRST OF ALL THAT IN PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE EEC TREATY THE COURT HAS NO JURISDICTION TO APPLY THE RULES OF COMMUNITY LAW TO A SPECIFIC CASE NOR, CONSEQUENTLY, TO CLASSIFY PROVISIONS OF NATIONAL LAW WITH RESPECT TO SUCH A RULE . IT MAY, HOWEVER, PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION OF ALL RELEVANT PROVISIONS OF COMMUNITY LAW WHICH MIGHT BE USEFUL IN ASSESSING THE EFFECTS OF SUCH PROVISIONS OF NATIONAL LAW .
10 IN THIS REGARD, IT MUST BE BORNE IN MIND THAT, ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT ( SEE MOST RECENTLY THE JUDGMENT OF 5 JULY 1983 IN CASE 171/82 VALENTINI V ASSEDIC (( 1983 )) ECR 2157 ), SOCIAL SECURITY BENEFITS MUST BE REGARDED 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, IRRESPECTIVE OF CHARACTERISTICS PECULIAR TO THE VARIOUS NATIONAL LAWS . ON THE OTHER HAND, THE SAME CASE ESTABLISHES THAT CHARACTERISTICS WHICH ARE PURELY FORMAL MUST NOT BE CONSIDERED RELEVANT CRITERIA FOR THE CLASSIFICATION OF THE BENEFITS .
Bestuur van de Sociale Verzekeringsbank v J. A. de Rijke and L. A. C. de Rijke-Van Gent.
Date: 1987-09-24
12 IT SHOULD BE POINTED OUT FIRST OF ALL THAT, AS THE COURT HELD IN ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN V INSURANCE OFFICER (( 1980 )) ECR 1445, IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME, PROVIDED ALWAYS THAT IN THIS CONNECTION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES . THE COURT HAD ALREADY RECOGNIZED THOSE POWERS OF THE NATIONAL LEGISLATURES IN ITS JUDGMENT OF 12 JULY 1979 IN CASE 266/78 BRUNORI V LANDESVERSICHERUNGSANSTALT RHEINPROVINZ (( 1979 )) ECR 2705, IN WHICH THE COURT HELD THAT THE CONDITIONS OF AFFILIATION INCLUDED THE CONDITIONS GOVERNING THE CESSATION OF AFFILIATION .
Fernando Roberto Giménez Zaera v Institut Nacional de la Seguridad Social and Tesorería General de la Seguridad Social.
Date: 1987-09-29
10 ARTICLE 2 OF THE TREATY DESCRIBES THE TASK OF THE EUROPEAN ECONOMIC COMMUNITY . THE AIMS LAID DOWN IN THAT PROVISION ARE CONCERNED WITH THE EXISTENCE AND FUNCTIONING OF THE COMMUNITY; THEY ARE TO BE ACHIEVED THROUGH THE ESTABLISHMENT OF THE COMMON MARKET AND THE PROGRESSIVE APPROXIMATION OF THE ECONOMIC POLICIES OF MEMBER STATES, WHICH ARE ALSO AIMS WHOSE IMPLEMENTATION IS THE ESSENTIAL OBJECT OF THE TREATY .
11 WITH REGARD TO THE PROMOTION OF AN ACCELERATED RAISING OF THE STANDARD OF LIVING, IN PARTICULAR, IT SHOULD THEREFORE BE STATED THAT THIS WAS ONE OF THE AIMS WHICH INSPIRED THE CREATION OF THE EUROPEAN ECONOMIC COMMUNITY AND WHICH, OWING TO ITS GENERAL TERMS AND ITS SYSTEMATIC DEPENDENCE ON THE ESTABLISHMENT OF THE COMMON MARKET AND PROGRESSIVE APPROXIMATION OF ECONOMIC POLICIES, CANNOT IMPOSE LEGAL OBLIGATIONS ON MEMBER STATES OR CONFER RIGHTS ON INDIVIDUALS .
13 THE FIRST PARAGRAPH OF ARTICLE 117 STATES THAT IT IS NECESSARY TO PROMOTE IMPROVED WORKING CONDITIONS AND AN IMPROVED STANDARD OF LIVING FOR WORKERS, SO AS TO MAKE POSSIBLE THEIR HARMONIZATION WHILE THE IMPROVEMENT IS BEING MAINTAINED . THE SECOND PARAGRAPH STATES THAT SUCH A DEVELOPMENT WILL ENSUE NOT ONLY FROM THE FUNCTIONING OF THE COMMON MARKET, WHICH WILL FAVOUR THE HARMONIZATION OF SOCIAL SYSTEMS, BUT ALSO FROM THE PROCEDURES PROVIDED FOR IN THE TREATY AND FROM THE APPROXIMATION OF NATIONAL PROVISIONS . THE COURT HAS CONSISTENTLY HELD ( IN PARTICULAR IN ITS JUDGMENTS OF 15 JUNE 1978 IN CASE 149/77 DEFRENNE V SABENA (( 1978 )) ECR 1365, AND OF 13 MAY 1986 IN CASE 170/84 BILKA-KAUFHAUS V WEBER VON HARTZ (( 1986 )) ECR 1607, AT P . 1620 ) THAT THAT PROVISION IS ESSENTIALLY IN THE NATURE OF A PROGRAMME .
14 THE FACT THAT THE OBJECTIVES OF SOCIAL POLICY LAID DOWN IN ARTICLE 117 ARE IN THE NATURE OF A PROGRAMME DOES NOT MEAN THAT THEY ARE DEPRIVED OF ANY LEGAL EFFECT . THEY CONSTITUTE AN IMPORTANT AID, IN PARTICULAR FOR THE INTERPRETATION OF OTHER PROVISIONS OF THE TREATY AND OF SECONDARY COMMUNITY LEGISLATION IN THE SOCIAL FIELD . THE ATTAINMENT OF THOSE OBJECTIVES MUST NEVERTHELESS BE THE RESULT OF A SOCIAL POLICY WHICH MUST BE DEFINED BY THE COMPETENT AUTHORITIES .
ASBL Vereniging van Vlaamse Reisbureaus v ASBL Sociale Dienst van de Plaatselijke en Gewestelijke Overheidsdiensten.
Date: 1987-10-01
10 AS THE COURT HAS CONSISTENTLY HELD ( SEE, MOST RECENTLY, THE JUDGMENT OF 30 APRIL 1986 IN JOINED CASES 209 TO 213/84 MINISTERE PUBLIC V ASJES (( 1986 )) ECR 1425 ), WHILE IT IS TRUE THAT ARTICLES 85 AND 86 OF THE TREATY CONCERN THE CONDUCT OF UNDERTAKINGS AND NOT LAWS OR REGULATIONS OF THE MEMBER STATES, THE TREATY NEVERTHELESS IMPOSES A DUTY ON MEMBER STATES NOT TO ADOPT OR MAINTAIN IN FORCE ANY MEASURE WHICH COULD DEPRIVE THOSE PROVISIONS OF THEIR EFFECTIVENESS . THE COURT HAS HELD THAT THAT WOULD BE THE CASE, IN PARTICULAR, IF A MEMBER STATE WERE TO REQUIRE OR FAVOUR THE ADOPTION OF AGREEMENTS, DECISIONS OR CONCERTED PRACTICES CONTRARY TO ARTICLE 85 OR TO REINFORCE THEIR EFFECTS .
18 FURTHERMORE, SUCH AGREEMENTS MAY AFFECT TRADE BETWEEN MEMBER STATES IN SEVERAL RESPECTS . FIRST OF ALL, TRAVEL AGENTS OPERATING IN ONE MEMBER STATE MAY SELL TRAVEL ORGANIZED BY TOUR OPERATORS ESTABLISHED IN OTHER MEMBER STATES . SECONDLY, THESE AGENTS MAY SELL TRAVEL TO CUSTOMERS RESIDING IN OTHER MEMBER STATES . THIRDLY, THE TRAVEL IN QUESTION IS OFTEN TO OTHER MEMBER STATES .
21 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT AGREEMENTS SUCH AS THOSE AT ISSUE IN THE MAIN PROCEEDINGS ARE INCOMPATIBLE WITH ARTICLE 85*(1 ) OF THE TREATY .
Marcel Demouche and others v Fonds de garantie automobile and Bureau central français.
Date: 1987-10-06
18 IT IS NOT DISPUTED THAT THE SUPPLEMENTARY AGREEMENT WAS NEGOTIATED AND CONCLUDED BY NATIONAL ASSOCIATIONS OF INSURERS, WHICH ARE BODIES GOVERNED BY PRIVATE LAW AND ACT WITHIN THE FRAMEWORK OF THE FUNCTIONS ATTRIBUTED TO THEM BY THEIR STATUTES AND THE NATIONAL LEGISLATION TO WHICH THEY ARE SUBJECT .
19 THE AGREEMENT CANNOT THEREFORE BE CONSIDERED AN ACT OF A COMMUNITY INSTITUTION, SINCE NO COMMUNITY INSTITUTION OR AGENCY TOOK PART IN ITS CONCLUSION . THE FACT THAT THE CONCLUSION OF THIS AGREEMENT WAS A PRE-CONDITION FOR THE ENTRY INTO FORCE OF COUNCIL DIRECTIVE 72/166 AND THAT THE LENGTH OF TIME FOR WHICH THE DIRECTIVE IS APPLICABLE IS DETERMINED BY THE AGREEMENT' S DURATION DOES NOT AFFECT THE NATURE OF THAT AGREEMENT AS A MEASURE ADOPTED BY PRIVATE ASSOCIATIONS .
20 THAT CANNOT BE ALTERED BY THE FACT THAT THE COMMISSION, IN A RECOMMENDATION AND IN SUCCESSIVE DECISIONS, CONSISTENTLY STATED THAT THE SUPPLEMENTARY AGREEMENTS IN QUESTION COMPLIED WITH THE DIRECTIVE' S REQUIREMENTS OR BY THE FACT THAT ONE OF THOSE AGREEMENTS WAS ANNEXED TO A COMMISSION DECISION AND PUBLISHED WITH IT IN THE OFFICIAL JOURNAL . THE COMMISSION WAS MERELY ESTABLISHING THAT THE CONDITION LAID DOWN IN ARTICLE 2*(2 ) OF THE COUNCIL DIRECTIVE WAS SATISFIED, AND THE AGREEMENT WAS NOT THEREBY INCORPORATED IN THE TEXT OF THE DECISION OR TURNED INTO A COMMUNITY MEASURE .
Office national des pensions pour travailleurs salariés (ONPTS) v Domenica Stefanutti.
Date: 1987-10-06
12 AS REGARDS THE APPLICATION OF THE PROVISIONS OF ARTICLE 46, IT MUST BE OBSERVED THAT IT FOLLOWS FROM THE FINAL SENTENCE OF ARTICLE 12*(2 ) OF REGULATION NO 1408/71 THAT PROVISIONS OF THE LEGISLATION OF A MEMBER STATE FOR REDUCTION, SUSPENSION OR WITHDRAWAL OF BENEFIT IN THE EVENT OF OVERLAPPING WITH OTHER SOCIAL SECURITY BENEFITS ARE NOT APPLICABLE WHEN THE PERSON CONCERNED RECEIVES BENEFITS OF THE SAME KIND IN RESPECT OF INVALIDITY, OLD AGE OR DEATH . IN THAT CONNECTION, SOCIAL SECURITY BENEFITS MUST BE REGARDED, AS THE COURT HAS CONSISTENTLY HELD ( SEE THE JUDGMENT OF 5 JULY 1983 IN CASE 171/82 VALENTINI V ASSOCIATION POUR L' EMPLOI DANS L' INDUSTRIE ET LE COMMERCE (( 1983 )) ECR 2157 ), AS BEING OF THE SAME KIND WHEN THEIR PURPOSE AND OBJECT AS WELL AS THE BASIS ON WHICH THEY ARE CALCULATED AND THE CONDITIONS FOR GRANTING THEM ARE IDENTICAL .
13 IT IS SUFFICIENT TO OBSERVE IN THIS REGARD THAT THAT REQUIREMENT CANNOT IN ANY EVENT BE SATISFIED WHEN THE BENEFITS ARE LINKED TO DIFFERENT INSURANCE RECORDS AND, CONSEQUENTLY, TO DIFFERENT INSURANCE PERIODS; THAT IS THE CASE WITH, ON THE ONE HAND, A PERSONAL INVALIDITY PENSION WHICH IS BASED ON THE RECIPIENT' S OWN EMPLOYMENT RECORD IN ONE MEMBER STATE AND, ON THE OTHER, A SURVIVOR' S PENSION BASED ON THE EMPLOYMENT RECORD OF THE RECIPIENT' S DECEASED HUSBAND IN ANOTHER MEMBER STATE . AS THE FINAL SENTENCE OF ARTICLE 12*(2 ) OF REGULATION NO 1408/71 IS NOT APPLICABLE, THE NATIONAL RULES FOR PREVENTING THE OVERLAPPING OF BENEFITS MAY THEREFORE, ACCORDING TO THE FIRST SENTENCE
J 197/85
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OF ARTICLE 12*(2 ), ALSO BE RELIED UPON AGAINST A PERSON RECEIVING BENEFITS UNDER THE RULES LAID DOWN IN ARTICLE 46 OF REGULATION NO 1408/71 .
17 THE REPLY TO THE SECOND AND THIRD QUESTIONS MUST THEREFORE BE THAT THE CLASSIFICATION, FOR THE PURPOSES OF THE ANTI-OVERLAPPING RULES APPLIED BY A MEMBER STATE PROVIDING A SURVIVOR' S PENSION TO WHICH THE RECIPIENT BECAME ENTITLED UNDER THE LEGISLATION OF THAT STATE ALONE, OF AN INVALIDITY PENSION PAID BY ANOTHER MEMBER STATE, IS NOT GOVERNED BY COMMUNITY LAW .
THE FOURTH QUESTION
Openbaar Ministerie v Nertsvoederfabriek Nederland BV.
Date: 1987-10-06
12 SINCE THERE ARE NO COMMUNITY PROVISIONS DESIGNED TO HARMONIZE ALL THE MEASURES NECESSARY TO PROVIDE, IN RESPECT OF POULTRY OFFAL AND IN PARTICULAR POULTRY OFFAL WHICH IS UNFIT FOR HUMAN CONSUMPTION, FOR PROTECTION OF THE LIFE AND HEALTH OF HUMANS AND ANIMALS, AND TO ESTABLISH COMMUNITY PROCEDURES TO ENSURE COMPLIANCE THEREWITH, ARTICLE 36 OF THE TREATY MAY BE RELIED UPON BY MEMBER STATES TO JUSTIFY CERTAIN RESTRICTIONS ON INTRA-COMMUNITY TRADE IN POULTRY OFFAL, AND IN PARTICULAR POULTRY OFFAL UNFIT FOR HUMAN CONSUMPTION . THE MERE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET DOES NOT HAVE THE EFFECT OF EXEMPTING AGRICULTURAL PRODUCERS FROM ANY NATIONAL PROVISIONS INTENDED TO ATTAIN OBJECTIVES OTHER THAN THOSE COVERED BY THE COMMON ORGANIZATION, EVEN THOUGH SUCH PROVISIONS MAY HAVE AN IMPACT ON THE OPERATION OF THE MARKET IN THE SECTOR CONCERNED ( SEE JUDGMENT OF 1*APRIL 1982 IN JOINED CASES 141 TO 143/81 HOLDIJK AND OTHERS (( 1982 )) ECR 1299 ).
Francesco Schina v Commission of the European Communities.
Date: 1987-10-07
9 IT IS TRUE THAT THIS ACTION, BROUGHT AGAINST THE COMMISSION' S DECISION OF 22 MARCH 1985 REFUSING TO PAY INTEREST ON THE ATTACHED PART OF THE APPLICANT' S SALARY, SEEKS, UNDER THE FIRST SUBMISSION, COMPENSATION FOR A FINANCIAL LOSS ALLEGED TO HAVE BEEN SUFFERED BY REASON OF THE REDUCTION OF A PART OF HIS SALARY . HOWEVER, IT IS APPARENT FROM THE CASE-LAW OF THE COURT THAT WHERE A DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS OR WAS EMPLOYED CONCERNING COMPENSATION FOR DAMAGE ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THAT PERSON AND THE INSTITUTION, IT FALLS UNDER ARTICLE 179 OF THE TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AND ACCORDINGLY NOT UNDER ARTICLES 178 AND 215 OF THE TREATY ( JUDGMENT OF 17 FEBRUARY 1977 IN CASE 48/76 REINARZ V COMMISSION AND COUNCIL (( 1977 )) ECR 291 AND JUDGMENT OF 19 NOVEMBER 1981 IN CASE 106/80 FOURNIER V COMMISSION (( 1981 )) ECR 2759 ). AN OFFICIAL WHO FAILS TO CONTEST IN DUE TIME A DECISION OF THE APPOINTING AUTHORITY AFFECTING HIM IS NOT PERMITTED TO RELY ON THE ALLEGED UNLAWFULNESS OF THAT DECISION IN AN ACTION FOR DAMAGES .
Gisela Strack v Commission of the European Communities.
Date: 1987-10-07
7 THE PURPOSE OF THOSE PROVISIONS, AS THE COURT RECOGNIZED IN ITS JUDGMENT OF 28 JUNE 1972 IN CASE 88/71 BRASSEUR (( 1972 )) ECR 499, IS TO GUARANTEE THE OFFICIAL' S RIGHT TO DEFEND HIMSELF BY PREVENTING DECISIONS TAKEN BY THE APPOINTING AUTHORITY AND AFFECTING HIS ADMINISTRATIVE STATUS AND CAREER FROM BEING BASED ON FACTS CONCERNING HIS CONDUCT WHICH ARE NOT CONTAINED IN HIS PERSONAL FILE .
Criminal proceedings against Kolpinghuis Nijmegen BV.
Date: 1987-10-08
9 IN ITS JUDGMENT OF 26 FEBRUARY 1986 IN CASE 152/84 MARSHALL V SOUTH-WEST HAMPSHIRE AREA HEALTH AUTHORITY (( 1986 )) ECR 723, THE COURT EMPHASIZED, HOWEVER, THAT ACCORDING TO ARTICLE 189 OF THE EEC TREATY THE BINDING NATURE OF A DIRECTIVE, WHICH CONSTITUTES THE BASIS FOR THE POSSIBILITY OF RELYING ON THE DIRECTIVE BEFORE A NATIONAL COURT, EXISTS ONLY IN RELATION TO "EACH MEMBER STATE TO WHICH IT IS ADDRESSED ". IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON BEFORE A NATIONAL COURT .
12 AS THE COURT STATED IN ITS JUDGMENT OF 10 APRIL 1984 IN CASE 14/83 VON COLSON AND KAMANN V LAND NORDRHEIN-WESTFALEN (( 1984 )) ECR 1891, 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 THE NATIONAL LAW AND IN PARTICULAR THE PROVISIONS OF A NATIONAL LAW SPECIFICALLY INTRODUCED IN ORDER TO IMPLEMENT THE DIRECTIVE, NATIONAL COURTS ARE REQUIRED TO INTERPRET THEIR 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 OF THE TREATY .
13 HOWEVER, THAT OBLIGATION ON THE NATIONAL COURT TO REFER TO THE CONTENT OF THE DIRECTIVE WHEN INTERPRETING THE RELEVANT RULES OF ITS NATIONAL LAW IS LIMITED BY THE GENERAL PRINCIPLES OF LAW WHICH FORM PART OF COMMUNITY LAW AND IN PARTICULAR THE PRINCIPLES OF LEGAL CERTAINTY AND NON-RETROACTIVITY . THUS THE COURT RULED IN ITS JUDGMENT OF 11 JUNE 1987 IN CASE 14/86 PRETORE DE SALO V X (( 1987 )) ECR ... THAT A DIRECTIVE CANNOT, OF ITSELF AND INDEPENDENTLY OF A NATIONAL LAW ADOPTED BY A MEMBER STATE FOR ITS IMPLEMENTATION, HAVE THE EFFECT OF DETERMINING OR AGGRAVATING THE LIABILITY IN CRIMINAL LAW OF PERSONS WHO ACT IN CONTRAVENTION OF THE PROVISIONS OF THAT DIRECTIVE .
14 THE ANSWER TO THE THIRD QUESTION SHOULD THEREFORE BE THAT IN APPLYING ITS NATIONAL LEGISLATION A COURT OF A MEMBER STATE IS REQUIRED TO INTERPRET THAT LEGISLATION 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 OF THE TREATY, BUT A DIRECTIVE CANNOT, OF ITSELF AND INDEPENDENTLY OF A LAW ADOPTED FOR ITS IMPLEMENTATION, HAVE THE EFFECT OF DETERMINING OR AGGRAVATING THE LIABILITY IN CRIMINAL LAW OF PERSONS WHO ACT IN CONTRAVENTION OF THE PROVISIONS OF THAT DIRECTIVE .
THE FOURTH QUESTION
Commission of the European Communities v Kingdom of the Netherlands.
Date: 1987-10-13
5 BEFORE THE COMPLAINTS MADE BY THE COMMISSION CONCERNING THE CONFORMITY OF THE NETHERLANDS LEGISLATION WITH THE DIRECTIVE ARE EXAMINED, IT MUST BE OBSERVED THAT THE TRANSPOSITION OF COMMUNITY LEGISLATION INTO NATIONAL LAW DOES NOT NECESSARILY REQUIRE THE PROVISIONS OF THAT LEGISLATION TO BE ENACTED IN PRECISELY THE SAME WORDS IN AN EXPRESS AND SPECIFIC ENACTMENT; A GENERAL LEGAL CONTEXT MAY BE SUFFICIENT IF IT IS SUFFICIENTLY CLEAR AND PRECISE IN ORDER TO ENSURE EFFECTIVELY THE FULL APPLICATION OF THE DIRECTIVE ( SEE THE JUDGMENT OF 23 MAY 1985 IN CASE 29/84 COMMISSION V GERMANY (( 1985 )) ECR 1661, AT P . 1667 ). HOWEVER, A FAITHFUL TRANSPOSITION BECOMES PARTICULARLY IMPORTANT IN A CASE SUCH AS THIS IN WHICH THE MANAGEMENT OF THE COMMON HERITAGE IS ENTRUSTED TO THE MEMBER STATES AS REGARDS THEIR RESPECTIVE TERRITORIES .
FIRST COMPLAINT : FAILURE TO TRANSPOSE THE CONCEPT OF "SERIOUS DAMAGE"
8 IN THAT CONNECTION, REFERENCE MUST BE MADE TO THE INTERPRETATION OF THE CONCEPT OF "SERIOUS DAMAGE" GIVEN IN THE COURT' S JUDGMENT OF 8 JULY 1987 IN CASE 247/85 COMMISSION V BELGIUM (( 1987 )) ECR ..., PARAGRAPH 56, ACCORDING TO WHICH ARTICLE 9*(1 ) OF THE DIRECTIVE IS NOT DESIGNED TO PREVENT THE THREAT OF MINOR DAMAGE AND THE FACT THAT A CERTAIN DEGREE OF DAMAGE IS REQUIRED FOR THAT DEROGATION FROM THE GENERAL SYSTEM OF PROTECTION ACCORDS WITH THE EXTENT OF THE PROTECTION SOUGHT BY THE DIRECTIVE .
27 THE COMMISSION CRITICIZES THE KINGDOM OF THE NETHERLANDS FOR NOT MENTIONING IN ARTICLE 23 OF THE VOGELWET OR IN ARTICLE 14 OF THE VOGELBESLUIT ALL THE METHODS OF CAPTURE WHICH ARE PROHIBITED BY VIRTUE OF ARTICLE 8 AND ANNEX IV*(A ) TO THE DIRECTIVE, AND FOR GRANTING EXCEPTIONS, IN ARTICLES 15, 16 AND 17 OF THE VOGELBESLUIT, TO THE PROHIBITION LAID DOWN IN ARTICLE 8 OF THE DIRECTIVE ON THE USE OF CERTAIN MEANS OF CAPTURE WHICH ARE INCOMPATIBLE WITH ARTICLE 9*(1 ) OF THE DIRECTIVE .
28 WHILST IT IS TRUE THAT AN AMENDMENT TO ARTICLE 14 OF THE VOGELBESLUIT HAS BROUGHT THE NETHERLANDS LEGISLATION INTO LINE WITH ANNEX IV*(A ) TO THE DIRECTIVE ( LIST OF PROHIBITED MEANS OF CAPTURE ), IT MUST NEVERTHELESS BE POINTED OUT THAT THE SUBJECT-MATTER OF AN ACTION BROUGHT UNDER ARTICLE 169 IS DEFINED BY THE COMMISSION' S REASONED OPINION ( JUDGMENT OF 27 MAY 1981 IN JOINED CASES 142 AND 143/80 AMMINISTRAZIONE DELLE FINANZE DELLO STATO V ESSEVI AND SALENGO (( 1981 )) ECR 1413 ). SINCE THE COMMISSION HAS NOT WITHDRAWN ITS COMPLAINT, IT MUST BE DECLARED WELL FOUNDED .
Federal Republic of Germany v Commission of the European Communities.
Date: 1987-10-14
17 FIRST OF ALL, THE FACT THAT THE AID PROGRAMME WAS ADOPTED BY A STATE IN A FEDERATION OR BY A REGIONAL AUTHORITY AND NOT BY THE FEDERAL OR CENTRAL POWER DOES NOT PREVENT THE APPLICATION OF ARTICLE 92*(1 ) OF THE TREATY IF THE RELEVANT CONDITIONS ARE SATISFIED . IN REFERRING TO "ANY AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES IN ANY FORM WHATSOEVER" ARTICLE 92*(1 ) IS DIRECTED AT ALL AID FINANCED FROM PUBLIC RESOURCES . IT FOLLOWS THAT AID GRANTED BY REGIONAL AND LOCAL BODIES OF THE MEMBER STATES, WHATEVER THEIR STATUS AND DESCRIPTION, MUST BE SCRUTINIZED TO DETERMINE WHETHER IT COMPLIES WITH ARTICLE 92 OF THE TREATY .
18 AID PROGRAMMES MAY CONCERN A WHOLE SECTOR OF THE ECONOMY OR MAY HAVE A REGIONAL OBJECTIVE AND BE INTENDED TO ENCOURAGE UNDERTAKINGS TO INVEST IN A PARTICULAR AREA . ARTICLE 92*(1 ) OF THE TREATY MAKES NO DISTINCTION BETWEEN DIFFERENT KINDS OF AID AND DOES NOT PROVIDE THAT ANY ONE KIND AUTOMATICALLY FALLS WITHIN ITS AMBIT . EVEN IF IN CERTAIN CASES THE VERY CIRCUMSTANCES IN WHICH AID IS GRANTED ARE SUFFICIENT TO SHOW THAT THE AID IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES AND OF DISTORTING OR THREATENING TO DISTORT COMPETITION, THE COMMISSION MUST AT LEAST SET OUT THOSE CIRCUMSTANCES IN THE STATEMENT OF REASONS FOR ITS DECISION ( SEE THE JUDGMENT OF 13 MARCH 1985 IN JOINED CASES 296 AND 318/82 KINGDOM OF THE NETHERLANDS AND LEEUWARDER PAPIERWARENFABRIEK V COMMISSION (( 1985 )) ECR 809, AT P . 817 ). IN THE CASE OF AN AID PROGRAMME THE COMMISSION MAY CONFINE ITSELF TO EXAMINING THE CHARACTERISTICS OF THE PROGRAMME IN QUESTION IN ORDER TO DETERMINE WHETHER, BY REASON OF THE HIGH AMOUNTS OR PERCENTAGES OF AID, THE NATURE OF THE INVESTMENTS FOR WHICH AID IS GRANTED OR OTHER TERMS OF THE PROGRAMME, IT GIVES AN APPRECIABLE ADVANTAGE TO RECIPIENTS IN RELATION TO THEIR COMPETITORS AND IS LIKELY TO BENEFIT IN PARTICULAR UNDERTAKINGS ENGAGED IN TRADE BETWEEN MEMBER STATES .
19 WHEN A PROGRAMME OF REGIONAL AID FALLS UNDER ARTICLE 92*(1 ) OF THE TREATY IT MUST BE DETERMINED TO WHAT EXTENT IT MAY FALL WITHIN ONE OF THE EXCEPTIONS IN ARTICLE 92*(3)*(A ) AND ( C ). IN THAT RESPECT THE USE OF THE WORDS "ABNORMALLY" AND "SERIOUS" IN THE EXEMPTION CONTAINED IN ARTICLE 92*(3)*(A ) SHOWS THAT IT CONCERNS ONLY AREAS WHERE THE ECONOMIC SITUATION IS EXTREMELY UNFAVOURABLE IN RELATION TO THE COMMUNITY AS A WHOLE . THE EXEMPTION IN ARTICLE 92*(3)*(C ), ON THE OTHER HAND, IS WIDER IN SCOPE INASMUCH AS IT PERMITS THE DEVELOPMENT OF CERTAIN AREAS WITHOUT BEING RESTRICTED BY THE ECONOMIC CONDITIONS LAID DOWN IN ARTICLE 92*(3)*(A ), PROVIDED SUCH AID "DOES NOT ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST ". THAT PROVISION GIVES THE COMMISSION POWER TO AUTHORIZE AID INTENDED TO FURTHER THE ECONOMIC DEVELOPMENT OF AREAS OF A MEMBER STATE WHICH ARE DISADVANTAGED IN RELATION TO THE NATIONAL AVERAGE .
Commission of the European Communities v Kingdom of Denmark.
Date: 1987-10-14
22 AS WAS STATED WHEN THE FIRST COMPLAINT WAS EXAMINED, THE PROTECTION OF MAN AND THE ENVIRONMENT IS ONLY ONE OF THE OBJECTIVES OF THE DIRECTIVE; THE OTHER OBJECTIVE IS TO ELIMINATE OBSTACLES TO TRADE IN THE SUBSTANCES IN QUESTION WITHIN THE COMMUNITY . CONSEQUENTLY, THE RULES OF THE DIRECTIVE RELATING TO NOTIFICATION ARE NOT MEANT TO BE RULES PROVIDING A MINIMUM DEGREE OF PROTECTION WHICH LEAVE THE MEMBER STATES FREE TO WIDEN THE OBLIGATIONS PROVIDED FOR THEREIN, BUT ARE INTENDED TO BE EXHAUSTIVE .
Kingdom of Spain v Commission of the European Communities.
Date: 1987-10-20
25 THE PROCEDURAL IRREGULARITY WHICH HAS BEEN ESTABLISHED CANNOT, HOWEVER, ENTAIL THE ANNULMENT OF THE TWO CONTESTED REGULATIONS . ACCORDING TO THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY, ONLY THE INFRINGEMENT OF "ESSENTIAL" PROCEDURAL REQUIREMENTS PERMITS THE MEASURE IN QUESTION TO BE DECLARED UNLAWFUL . IN THIS CASE, THE INCORRECT REFERENCE TO THE OPINION OF THE MANAGEMENT COMMITTEE CANNOT BE REGARDED AS AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT . IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE MATTER HAD BEEN PROPERLY REFERRED TO THE MANAGEMENT COMMITTEE BUT THAT THE COMMITTEE WAS UNABLE TO GIVE AN OPINION, WHILST ACCORDING TO ARTICLE 67 OF THE BASIC REGULATION ONLY AN OPINION OF THE MANAGEMENT COMMITTEE WHICH IS NOT IN ACCORDANCE WITH THE DRAFT MEASURES PROPOSED BY THE COMMISSION MAY ENTAIL LEGAL CONSEQUENCES, IN PARTICULAR IN THE SENSE THAT THE MEASURES IN QUESTION ARE TO BE REFERRED TO THE COUNCIL . WHERE, AS IN THIS CASE, THE MANAGEMENT COMMITTEE DOES NOT GIVE AN OPINION, THE COMMISSION IS ENTIRELY AT LIBERTY TO ADOPT THOSE MEASURES ON ITS OWN RESPONSIBILITY . THE ABSENCE OF AN OPINION OF THE MANAGEMENT COMMITTEE IS NOT THEREFORE CAPABLE OF AFFECTING THE LEGALITY OF THE MEASURES ADOPTED IN THAT WAY .
Claus Diezler and others v Economic and Social Committee of the European Communities.
Date: 1987-10-27
6 ACCORDINGLY, IN THIS CASE, THE APPLICATION IS ADMISSIBLE ONLY IN SO FAR AS IT SEEKS THE ANNULMENT OF THE DECISION OF THE CHAIRMAN OF THE ESC REFUSING TO INTERVENE IN HIS CAPACITY AS APPOINTING AUTHORITY AS MR MUELLERS HAD REQUESTED, AND THE ANNULMENT OF THE DECISION OF THE GENERAL MEETING OF THE STAFF ON 19 APRIL 1985 WHICH ESTABLISHED A VOTING SYSTEM FOR THE ELECTION OF THE STAFF COMMITTEE TO WHICH THE REQUEST REJECTED BY THE CHAIRMAN OF THE ESC IN HIS CAPACITY AS THE APPOINTING AUTHORITY REFERS .
PRIOR COMPLAINT
12 SINCE THE APPLICATION OF THOSE OTHER APPLICANTS IN CASE 146/85 HAS BEEN DECLARED INADMISSIBLE, THEY ARE NOT AFFECTED BY THE LIS PENDENS RULE IN THIS CASE . IT FOLLOWS THAT THE OBJECTION RAISED BY THE ESC AND THE INTERVENERS OF INADMISSIBILITY ON THE GROUNDS OF LIS PENDENS MUST BE REJECTED .
Ioannis Theodorakis Viomichania Elaiou AE v Greek State.
Date: 1987-10-27
8 WHERE THE FAILURE TO EXPORT GOODS AS PLANNED IS NOT ATTRIBUTABLE TO ANY FAULT ON THE PART OF THE HOLDER OF THE EXPORT LICENCE BUT IS DUE SOLELY TO NON-PERFORMANCE BY THE OTHER PARTY TO THE SALES CONTRACT UNDER WHICH THE GOODS WERE TO BE EXPORTED, IT IS CLEAR THAT ALTHOUGH SUCH A HINDRANCE TO THE PERFORMANCE OF A CONTRACT MAY BE DESCRIBED AS A CIRCUMSTANCE OUTSIDE THE CONTROL OF THE HOLDER OF THE LICENCE, IT IS NONE THE LESS NEITHER ABNORMAL NOR UNFORESEEABLE . SUCH AN EVENT IS AN ORDINARY COMMERCIAL RISK INHERENT IN COMMERCIAL TRANSACTIONS AND IT IS FOR THE HOLDER OF THE LICENCE, WHO IS FULLY AT LIBERTY TO SELECT SUCH TRADING PARTNERS AS HIS INTERESTS IN THAT RESPECT MAY DICTATE, TO TAKE THE APPROPRIATE PRECAUTIONS EITHER BY INCLUDING THE REQUISITE CLAUSES IN THE CONTRACT IN QUESTION OR BY EFFECTING APPROPRIATE INSURANCE .