larimo/cjeu-paragraph-retrieval huggingface dataset:
Roswitha Schots, née Kortner, and others v Council and Commission of the European Communities and the European Parliament.
Date: 1974-02-21
38 IN THESE CIRCUMSTANCES, THE JUDGMENTS CANNOT BE RELIED UPON BY PARTIES WHO AT THE APPROPRIATE TIME OMITTED TO MAKE USE OF THE POSSIBILITIES OF APPEAL OFFERED TO THEM BY THE STAFF REGULATIONS AND BY THE TREATY .
Istituto Chemioterapico Italiano S.p.A. and Commercial Solvents Corporation v Commission of the European Communities.
Date: 1974-03-06
25 HOWEVER, AN UNDERTAKING BEING IN A DOMINANT POSITION AS REGARDS THE PRODUCTION OF RAW MATERIAL AND THEREFORE ABLE TO CONTROL THE SUPPLY TO MANUFACTURERS OF DERIVATIVES, CANNOT, JUST BECAUSE IT DECIDES TO START MANUFACTURING THESE DERIVATIVES ( IN COMPETITION WITH ITS FORMER CUSTOMERS ) ACT IN SUCH A WAY AS TO ELIMINATE THEIR COMPETITION WHICH IN THE CASE IN QUESTION, WOULD AMOUNT TO ELIMINATING ONE OF THE PRINCIPAL MANUFACTURERS OF ETHAMBUTOL IN THE COMMON MARKET . SINCE SUCH CONDUCT IS CONTRARY TO THE OBJECTIVES EXPRESSED IN ARTICLE 3 ( F ) OF THE TREATY AND SET OUT IN GREATER DETAIL IN ARTICLES 85 AND 86, IT FOLLOWS THAT AN UNDERTAKING WHICH HAS A DOMINANT POSITION IN THE MARKET IN RAW MATERIALS AND WHICH, WITH THE OBJECT OF RESERVING SUCH RAW MATERIAL FOR MANUFACTURING ITS OWN DERIVATIVES, REFUSES TO SUPPLY A CUSTOMER, WHICH IS ITSELF A MANUFACTURER OF THESE DERIVATIVES, AND THEREFORE RISKS ELIMINATING ALL COMPETITION ON THE PART OF THIS CUSTOMER, IS ABUSING ITS DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 . IN THIS CONTEXT IT DOES NOT MATTER THAT THE UNDERTAKING CEASED TO SUPPLY IN THE SPRING OF 1970 BECAUSE OF THE CANCELLATION OF THE PURCHASES BY ZOJA, BECAUSE IT APPEARS FROM THE APPLICANTS' OWN STATEMENT THAT, WHEN THE SUPPLIES PROVIDED FOR IN THE CONTRACT HAD BEEN COMPLETED, THE SALE OF AMINOBUTANOL WOULD HAVE STOPPED IN ANY CASE .
45 AS TO THE FIRST SUBMISSION, ACCORDING TO THE WORDING OF ARTICLE 3 OF REGULATION NO 17, WHERE THE COMMISSION FINDS THAT THERE IS AN INFRINGEMENT OF ARTICLE 86, 'IT MAY BY DECISION REQUIRE THE UNDERTAKINGS ... CONCERNED TO BRING SUCH INFRINGEMENT TO AN END '. THIS PROVISION MUST BE APPLIED IN RELATION TO THE INFRINGEMENT WHICH HAS BEEN ESTABLISHED AND MAY INCLUDE AN ORDER TO DO CERTAIN ACTS OR PROVIDE CERTAIN ADVANTAGES WHICH HAVE BEEN WRONGFULLY WITHHELD AS WELL AS PROHIBITING THE CONTINUATION OF CERTAIN ACTION, PRACTICES OR SITUATIONS WHICH ARE CONTRARY TO THE TREATY . FOR THIS PURPOSE THE COMMISSION MAY, IF NECESSARY, REQUIRE THE UNDERTAKING CONCERNED TO SUBMIT TO IT PROPOSALS WITH A VIEW TO BRINGING THE SITUATION INTO CONFORMITY WITH THE REQUIREMENTS OF THE TREATY .
51 THE DISPUTED DECISION IMPOSES JOINTLY AND SEVERALLY ON THE COMPANIES CSC AND ISTITUTO A FINE OF 200 000 UNITS OF ACCOUNT, THAT IS TO SAY 125 000 000 LIRE . ALTHOUGH THE SERIOUSNESS OF THE INFRINGEMENT JUSTIFIES A HEAVY FINE, THE DURATION OF THE INFRINGEMENT SHOULD ALSO BE TAKEN INTO ACCOUNT, WHICH IN THE DECISION WAS CALCULATED AS TWO YEARS OR MORE, BUT IT MIGHT HAVE BEEN SHORTER IF THE COMMISSION, WHICH HAD BEEN PUT ON INQUIRY BY THE COMPLAINT OF ZOJA ON 8 APRIL 1971, THAT IS SIX MONTHS AFTER THE FIRST REFUSAL BY CSC-ISTITUTO, HAD INTERVENED MORE QUICKLY . MOREOVER THE ILL EFFECTS OF THE CONDUCT COMPLAINED OF HAVE BEEN LIMITED BY REASON OF THE FACT THAT CSC-ISTITUTO HAVE PROVIDED THE SUPPLIS ORDERED BY THE DECISION .
Belgische Radio en Televisie and société belge des auteurs, compositeurs et éditeurs v SV SABAM and NV Fonior.
Date: 1974-03-27
20 PRIVATE UNDERTAKINGS MAY COME UNDER THAT PROVISION, BUT THEY MUST BE ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST BY AN ACT OF THE PUBLIC AUTHORITY .
22 IT IS THUS THE DUTY OF THE NATIONAL COURT TO INVESTIGATE WHETHER AN UNDERTAKING WHICH INVOKES THE PROVISIONS OF ARTICLE 90 ( 2 ) FOR THE PURPOSE OF CLAIMING A DEROGATION FROM THE RULES OF THE TREATY HAS IN FACT BEEN ENTRUSTED BY A MEMBER STATE WITH THE OPERATION OF A SERVICE OF GENERAL ECONOMIC INTEREST .
Commission of the European Communities v French Republic.
Date: 1974-04-04
15 THE COMMISSION, IN THE EXERCISE OF THE POWERS WHICH IT HAS UNDER ARTICLES 155 AND 169 OF THE TREATY, DOES NOT HAVE TO SHOW THE EXISTENCE OF A LEGAL INTEREST, SINCE, IN THE GENERAL INTEREST OF THE COMMUNITY, ITS FUNCTION IS TO ENSURE THAT THE PROVISIONS OF THE TREATY ARE APPLIED BY THE MEMBER STATES AND TO NOTE THE EXISTENCE OF ANY FAILURE TO FULFIL THE OBLIGATIONS DERIVING THEREFROM, WITH A VIEW TO BRINGING IT TO AN END .
23 AS REGARDS TRANSPORT, WHICH IS THE SUBJECT OF TITLE IV OF THIS PART, IT IS PROPER TO ENQUIRE, VIEWING ARTICLE 84 ( 2 ) IN THE FRAMEWORK OF THIS TITLE, WHETHER THE PROVISIONS OF THE TITLE CONTAIN A SIMILAR EXEMPTION .
24 WHEN ARTICLE 74 REFERS TO THE OBJECTIVES OF THE TREATY, IT MEANS THE PROVISIONS OF ARTICLES 2 AND 3, FOR THE ATTAINMENT OF WHICH THE FUNDAMENTAL PROVISIONS APPLICABLE TO THE WHOLE COMPLEX OF ECONOMIC ACTIVITY ARE OF PRIME IMPORTANCE .
25 FAR FROM INVOLVING A DEPARTURE FROM THESE FUNDAMENTAL RULES, THEREFORE, THE OBJECT OF THE RULES RELATING TO THE COMMON TRANSPORT POLICY IS TO IMPLEMENT AND COMPLIMENT THEM BY MEANS OF COMMON ACTION .
30 ARTICLE 84 ( 2 ) PROVIDES THAT AS REGARDS SEA TRANSPORT, THE COUNCIL MAY DECIDE WHETHER, TO WHAT EXTENT AND BY WHAT PROCEDURE APPROPRIATE PROVISIONS MAY BE LAID DOWN .
31 FAR FROM EXCLUDING THE APPLICATION OF THE TREATY TO THESE MATTERS, IT PROVIDES ONLY THAT THE SPECIAL PROVISIONS OF THE TITLE RELATING TO TRANSPORT SHALL NOT AUTOMATICALLY APPLY TO THEM .
32 WHILST UNDER ARTICLE 84 ( 2 ), THEREFORE, SEA AND AIR TRANSPORT, SO LONG AS THE COUNCIL HAS NOT DECIDED OTHERWISE, IS EXCLUDED FROM THE RULES OF TITLE IV OF PART TWO OF THE TREATY RELATING TO THE COMMON TRANSPORT POLICY, IT REMAINS, ON THE SAME BASIS AS THE OTHER MODES OF TRANSPORT, SUBJECT TO THE GENERAL RULES OF THE TREATY .
33 IT THUS FOLLOWS THAT THE APPLICATION OF ARTICLES 48 TO 51 TO THE SPHERE OF SEA TRANSPORT IS NOT OPTIONAL BUT OBLIGATORY FOR MEMBER STATES .
C - EXISTENCE OF A DEFAULT
35 A CORRECT ASSESSMENT OF THE LEGAL POSITION SHOULD HAVE LED THE FRENCH AUTHORITIES TO FIND THAT SINCE THE PROVISIONS OF ARTICLE 48 AND OF REGULATION NO 1612/68 ARE DIRECTLY APPLICABLE IN THE LEGAL SYSTEM OF EVERY MEMBER STATE AND COMMUNITY LAW HAS PRIORITY OVER NATIONAL LAW, THESE PROVISIONS GIVE RISE, ON THE PART OF THOSE CONCERNED, TO RIGHTS WHICH THE NATIONAL AUTHORITIES MUST RESPECT AND SAFEGUARD AND AS A RESULT OF WHICH ALL CONTRARY PROVISIONS OF INTERNAL LAW ARE RENDERED INAPPLICABLE TO THEM .
41 IT FOLLOWS THAT ALTHOUGH THE OBJECTIVE LEGAL POSITION IS CLEAR, NAMELY, THAT ARTICLE 48 AND REGULATION NO 1612/68 ARE DIRECTLY APPLICABLE IN THE TERRITORY OF THE FRENCH REPUBLIC, NEVERTHELESS THE MAINTENANCE IN THESE CIRCUMSTANCES OF THE WORDING OF THE CODE DU TRAVAIL MARITIME GIVES RISE TO AN AMBIGUOUS STATE OF AFFAIRS BY MAINTAINING, AS REGARDS THOSE SUBJECT TO THE LAW WHO ARE CONCERNED, A STATE OF UNCERTAINTY AS TO THE POSSIBILITIES AVAILABLE TO THEM OF RELYING ON COMMUNITY LAW .
42 THIS UNCERTAINTY CAN ONLY BE REINFORCED BY THE INTERNAL AND VERBAL CHARACTER OF THE PURELY ADMINISTRATIVE DIRECTIONS TO WAIVE THE APPLICATION OF THE NATIONAL LAW .
Belgian State and Grand Duchy of Luxembourg v Mertens and others.
Date: 1974-04-04
16 IT FOLLOWS FROM THESE PROVISIONS THAT IT CONTINUES TO BE THE TASK OF THE MEMBER STATES TO UNDERTAKE PROSECUTIONS AND PROCEEDINGS FOR THE PURPOSE OF THE SYSTEM OF LEVIES AND REFUNDS AND TO CONTINUE TO TAKE STEPS TO THIS END VIS-A-VIS THE PARTIES INVOLVED .
Giuseppe Sacchi.
Date: 1974-04-30
6 IN THE ABSENCE OF EXPRESS PROVISION TO THE CONTRARY IN THE TREATY, A TELEVISION SIGNAL MUST, BY REASON OF ITS NATURE, BE REGARDED AS PROVISION OF SERVICES .
ALTHOUGH IT IS NOT RULED OUT THAT SERVICES NORMALLY PROVIDED FOR REMUNERATION MAY COME UNDER THE PROVISIONS RELATING TO FREE MOVEMENT OF GOODS, SUCH IS HOWEVER THE CASE, AS APPEARS FROM ARTICLE 60, ONLY INSOFAR AS THEY ARE GOVERNED BY SUCH PROVISIONS .
IT FOLLOWS THAT THE TRANSMISSION OF TELEVISION SIGNALS, INCLUDING THOSE IN THE NATURE OF ADVERTISEMENTS, COMES, AS SUCH, WITHIN THE RULES OF THE TREATY RELATING TO SERVICES .
10 ARTICLE 37 CONCERNS THE ADJUSTMENT OF STATE MONOPOLIES OF A COMMERCIAL CHARACTER .
IT FOLLOWS BOTH FROM THE PLACE OF THIS PROVISION IN THE CHAPTER ON THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND FROM THE USE OF THE WORDS 'IMPORTS' AND 'EXPORTS' IN THE SECOND INDENT OF ARTICLE 37 ( 1 ) AND OF THE WORD 'PRODUCTS' IN ARTICLE 37 ( 3 ) AND ( 4 ) THAT IT REFERS TO TRADE IN GOODS AND CANNOT RELATE TO A MONOPOLY IN THE PROVISION OF SERVICES .
THUS TELEVISED COMMERCIAL ADVERTISING, BY REASON OF ITS CHARACTER AS A SERVICE, DOES NOT COME UNDER THESE PROVISIONS .
14 ARTICLE 90 ( 1 ) PERMITS MEMBER STATES INTER ALIA TO GRANT SPECIAL OR EXCLUSIVE RIGHTS TO UNDERTAKINGS .
NOTHING IN THE TREATY PREVENTS MEMBER STATES, FOR CONSIDERATIONS OF PUBLIC INTEREST, OF A NON-ECONOMIC NATURE, FROM REMOVING RADIO AND TELEVISION TRANSMISSIONS, INCLUDING CABLE TRANSMISSIONS, FROM THE FIELD OF COMPETITION BY CONFERRING ON ONE OR MORE ESTABLISHMENTS AN EXCLUSIVE RIGHT TO CONDUCT THEM .
HOWEVER, FOR THE PERFORMANCE OF THEIR TASKS THESE ESTABLISHMENTS REMAIN SUBJECT TO THE PROHIBITIONS AGAINST DISCRIMINATION AND, TO THE EXTENT THAT THIS PERFORMANCE COMPRISES ACTIVITIES OF AN ECONOMIC NATURE, FALL UNDER THE PROVISIONS REFERRED TO IN ARTICLE 90 RELATING TO PUBLIC UNDERTAKINGS AND UNDERTAKINGS TO WHICH MEMBER STATES GRANT SPECIAL OR EXCLUSIVE RIGHTS .
THE INTERPRETATION OF ARTICLES 86 AND 90 TAKEN TOGETHER LEADS TO THE CONCLUSION THAT THE FACT THAT AN UNDERTAKING TO WHICH A MEMBER STATE GRANTS EXCLUSIVE RIGHTS HAS A MONOPOLY IS NOT AS SUCH INCOMPATIBLE WITH ARTICLE 86 .
IT IS THEREFORE THE SAME AS REGARDS AN XTENSION OF EXCLUSIVE RIGHTS FOLLOWING A NEW INTERVENTION BY THIS STATE .
15 MOREOVER, IF CERTAIN MEMBER STATES TREAT UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF TELEVISION, EVEN AS REGARDS THEIR COMMERCIAL ACTIVITIES, IN PARTICULAR ADVERTISING, AS UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST, THE SAME PROHIBITIONS APPLY, AS REGARDS THEIR BEHAVIOUR WITHIN THE MARKET, BY REASON OF ARTICLE 90 ( 2 ), SO LONG AS IT IS NOT SHOWN THAT THE SAID PROHIBITIONS ARE INCOMPATIBLE WITH THE PERFORMANCE OF THEIR TASKS .
18 THE NATIONAL COURT HAS IN EACH CASE TO ASCERTAIN THE EXISTENCE OF SUCH ABUSE AND THE COMMISSION HAS TO REMEDY IT WITHIN THE LIMITS OF ITS POWERS .
EVEN WITHIN THE FRAMEWORK OF ARTICLE 90, THEREFORE, THE PROHIBITIONS OF ARTICLE 86 HAVE A DIRECT EFFECT AND CONFER ON INTERESTED PARTIES RIGHTS WHICH THE NATIONAL COURTS MUST SAFEGUARD .
D - QUESTION 11
R. & V. Haegeman v Belgian State.
Date: 1974-04-30
2 UNDER THE FIRST PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY 'THE COURT OF JUSTICE SHALL HAVE JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING ... THE INTERPRETATION OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY '.
3 THE ATHENS AGREEMENT WAS CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE TREATY AS APPEARS FROM THE TERMS OF THE DECISION DATED 25 SEPTEMBER 1961 .
4 THIS AGREEMENT IS THEREFORE, IN SO FAR AS CONCERNS THE COMMUNITY, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY WITHIN THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 .
5 THE PROVISIONS OF THE AGREEMENT, FROM THE COMING INTO FORCE THEREOF, FORM AN INTEGRAL PART OF COMMUNITY LAW .
6 WITHIN THE FRAMEWORK OF THIS LAW, THE COURT ACCORDINGLY HAS JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING THE INTERPRETATION OF THIS AGREEMENT .
10 TO INTERPRET THIS PROVISION IT IS NECESSARY TO EXAMINE IT IN THE LIGHT OF THE GENERAL STRUCTURE BOTH OF THE ATHENS AGREEMENT, OF WHICH IT FORMS PART, AND OF THE TOTALITY OF THE PROVISIONS CONTAINED IN THE PROTOCOL ITSELF .
J. Nold, Kohlen- und Baustoffgroßhandlung v Commission of the European Communities.
Date: 1974-05-14
13 AS THE COURT HAS ALREADY STATED, FUNDAMENTAL RIGHTS FORM AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW, THE OBSERVANCE OF WHICH IT ENSURES .
IN SAFEGUARDING THESE RIGHTS, THE COURT IS BOUND TO DRAW INSPIRATION FROM CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES, AND IT CANNOT THEREFORE UPHOLD MEASURES WHICH ARE INCOMPATIBLE WITH FUNDAMENTAL RIGHTS RECOGNIZED AND PROTECTED BY THE CONSTITUTIONS OF THOSE STATES .
SIMILARLY, INTERNATIONAL TREATIES FOR THE PROTECTION OF HUMAN RIGHTS ON WHICH THE MEMBER STATES HAVE COLLABORATED OR OF WHICH THEY ARE SIGNATORIES, CAN SUPPLY GUIDELINES WHICH SHOULD BE FOLLOWED WITHIN THE FRAMEWORK OF COMMUNITY LAW .
THE SUBMISSIONS OF THE APPLICANT MUST BE EXAMINED IN THE LIGHT OF THESE PRINCIPLES .
14 IF RIGHTS OF OWNERSHIP ARE PROTECTED BY THE CONSTITUTIONAL LAWS OF ALL THE MEMBER STATES AND IF SIMILAR GUARANTEES ARE GIVEN IN RESPECT OF THEIR RIGHT FREELY TO CHOOSE AND PRACTICE THEIR TRADE OR PROFESSION, THE RIGHTS THEREBY GUARANTEED, FAR FROM CONSTITUTING UNFETTERED PREROGATIVES, MUST BE VIEWED IN THE LIGHT OF THE SOCIAL FUNCTION OF THE PROPERTY AND ACTIVITIES PROTECTED THEREUNDER .
FOR THIS REASON, RIGHTS OF THIS NATURE ARE PROTECTED BY LAW SUBJECT ALWAYS TO LIMITATIONS LAID DOWN IN ACCORDANCE WITH THE PUBLIC INTEREST .
WITHIN THE COMMUNITY LEGAL ORDER IT LIKEWISE SEEMS LEGITIMATE THAT THESE RIGHTS SHOULD, IF NECESSARY, BE SUBJECT TO CERTAIN LIMITS JUSTIFIED BY THE OVERALL OBJECTIVES PURSUED BY THE COMMUNITY, ON CONDITION THAT THE SUBSTANCE OF THESE RIGHTS IS LEFT UNTOUCHED .
AS REGARDS THE GUARANTEES ACCORDED TO A PARTICULAR UNDERTAKING, THEY CAN IN NO RESPECT BE EXTENDED TO PROTECT MERE COMMERCIAL INTERESTS OR OPPORTUNITIES, THE UNCERTAINTIES OF WHICH ARE PART OF THE VERY ESSENCE OF ECONOMIC ACTIVITY .
Odette Callemeyn v Belgian State.
Date: 1974-05-28
7 WHILST IN SOME OF ITS FEATURES, LEGISLATION CONCERNING THE GRANT OF BENEFITS TO HANDICAPPED PERSONS IS AKIN TO SOCIAL ASSISTANCE, ESPECIALLY WHEN NEED IS THE ESSENTIAL CRITERION IN ITS IMPLEMENTATION AND THERE ARE NO CONDITIONS AS TO PERIODS OF EMPLOYMENT, OF MEMBERSHIP OR OF CONTRIBUTIONS, YET IT IS NEVERTHELESS CLOSE TO SOCIAL SECURITY TO THE EXTENT THAT, DEPARTING FROM THE CONSIDERATION OF EACH CASE ON ITS MERITS - A CHARACTERISTIC FEATURE OF ASSISTANCE - IT CONFERS UPON BENEFICIARIES A LEGALLY DEFINED POSITION .
8 IN VIEW OF THE WIDELY-DRAWN DEFINITION OF PEOPLE ENTITLED TO BENEFIT, SUCH A LEGISLATION FULFILS IN FACT A DOUBLE FUNCTION, WHICH IS ON THE ONE HAND TO GUARANTEE A MINIMUM INCOME TO HANDICAPPED PERSONS WHO ARE ENTIRELY OUTSIDE THE SOCIAL SECURITY SYSTEM AND, ON THE OTHER HAND, TO PROVIDE SUPPLEMENTARY MEANS TO PERSONS ENTITLED TO SOCIAL SECURITY BENEFITS WHO ARE PERMANENTLY INCAPACITATED FROM WORK .
12 THE DIFFICULTIES THAT MIGHT ARISE FROM THE APPLICATION OF THE COMMUNITY REGULATIONS TO THESE PROVISIONS MUST NOT PREJUDICE THE RIGHTS WHICH THE WORKERS REFERRED TO BY ARTICLE 1 ( A ) OF REGULATION NO 1408/71 DERIVE FROM THE PRINCIPLES OF THE SOCIAL LEGISLATION OF THE COMMUNITY .
15 ACCORDINGLY, THE REPLY TO THE FIRST QUESTION MUST BE THAT THE BENEFITS MENTIONED IN ARTICLE 4 ( 1 ) ( B ) OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 EMBRACE THOSE PROVIDED BY THE NATIONAL PROVISIONS GRANTING BENEFITS TO HANDICAPPED PERSONS, INSOFAR AS THESE PROVISIONS RELATE TO WORKERS WITHIN THE MEANING OF ARTICLE 1 ( A ) OF THIS REGULATION AND CONFER UPON THEM A LEGALLY PROTECTED ENTITLEMENT FOR THE GRANT OF THESE BENEFITS .
Hauptzollamt Bielefeld v Offene Handelsgesellschaft in Firma H. C. König.
Date: 1974-05-29
6 ACCORDING TO THE WORDING OF THE SECOND SENTENCE OF ARTICLE 38 ( 3 ), 'WITHIN TWO YEARS OF THE ENTRY INTO FORCE OF THIS TREATY, HOWEVER, THE COUNCIL SHALL, ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION, DECIDE WHAT PRODUCTS ARE TO BE ADDED' TO THE LIST IN ANNEX II TO THE TREATY .
THIS PROVISION, BY GIVING THE COUNCIL POWER TO DECIDE THE PRODUCTS TO BE ADDED TO THE LIST, COULD NOT, AFTER 31 DECEMBER 1959, PROVIDE A LEGAL BASIS FOR A DECISION OF THE COUNCIL SUPPLEMENTING THAT LIST .
IN ANY CASE, IT HAS BEEN SHOWN THAT WITHIN THE TIME LIMIT SET BY ARTICLES 38 ( 3 ) THE COUNCIL HAD IN FACT DECIDED, ON A PROPOSAL FROM THE COMMISSION, TO INSERT IN ANNEX II THE PRODUCTS WITH WHICH REGULATION NO 7A IS CONCERNED, AS IS SHOWN IN THE TEXT OF THE REGULATION - DATED 18 DECEMBER 1959 - AS PUBLISHED IN THE OFFICIAL JOURNAL .
THE VALIDITY OF THIS REGULATION IS NOT AFFECTED BY THE FACT THAT THIS PUBLICATION, ON 30 JANUARY 1961, DID NOT TAKE PLACE UNTIL AFTER THE EXPIRY OF THE TIME LIMIT, SINCE THIS BELATEDNESS HAS NO SIGNIFICANCE SAVE AS TO THE DATE FROM WHICH THE REGULATION COULD BE APPLIED AND TAKE EFFECT .
Holtz & Willemsen GmbH v Council and Commission of the European Communities.
Date: 1974-07-02
2 THE COUNCIL CHALLENGES THE ADMISSIBILITY OF THE ACTION BY REASON OF THE FACT THAT IT AIMS IN TRUTH NOT AT COMPENSATION FOR DAMAGES ARISING FROM ITS CONDUCT, BUT AT THE AMENDMENT OF A COMMUNITY REGULATION WHICH HAD BEEN JUDGED INADMISSIBLE IN A PREVIOUS ACTION WHICH THE APPLICANT HAD BROUGHT : CASE 164/73 HOLTZ V COUNCIL ( 1974 ) ECR P . 1 .
TO ACCEPT THE ADMISSIBILITY OF THE ACTION WOULD FRUSTRATE THE CONTENTIOUS SYSTEM PROVIDED FOR BY THE TREATY AND IN PARTICULAR BY PARAGRAPH 3 OF ARTICLE 175 THEREOF WHICH GIVES INDIVIDUALS NO RIGHT TO BRING AN ACTION FOR FAILURE TO ISSUE A REGULATION .
5 THIS ACTION AIMS ONLY AT THE RECOGNITION OF A RIGHT TO COMPENSATION AND AS A RESULT TO A BENEFIT INTENDED TO HAVE EFFECT SOLELY WITH REGARD TO THE APPLICANT .
THE ACTION IS THEREFORE ADMISSIBLE .
SUBSTANCE
7 UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY AND THE GENERAL PRINCIPLES TO WHICH THIS PROVISION REFERS, COMMUNITY RESPONSIBILITY DEPENDS ON THE COINCIDENCE OF A SET OF CONDITIONS AS REGARDS THE UNLAWFULNESS OF THE ACTS ALLEGED AGAINST THE INSTITUTIONS, THE FACT OF DAMAGE, AND THE EXISTENCE OF A DIRECT LINK IN THE CHOIN OF CAUSALITY BETWEEN THE WRONGFUL ACT AND THE DAMAGE COMPLAINED OF .
SINCE IT RELATES TO A LEGISLATIVE ACT WHICH INVOLVES THE CHOICE OF ECONOMIC POLICY, THE COMMUNITY IS NOT LIABLE FOR ANY DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THIS ACT UNDER THE PROVISIONS OF ARTICLE 215, SECOND PARAGRAPH, OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .
Italian Republic v Commission of the European Communities.
Date: 1974-07-02
8 THE SUBMISSIONS AMOUNT TO THE ASSERTION THAT A NEW AID GRANTED BY A MEMBER STATE IN CONTRAVENTION OF PARAGRAPH ( 3 ) MUST BE TREATED IN THE SAME WAY AS AIDS GRANTED LEGALLY AND, CONSEQUENTLY, SHOULD BE SUBJECT ONLY TO THE PROCEDURE PRESCRIBED BY ARTICLE 93 ( 2 ), INCLUDING THE COMPULSORY FIXING OF A TIME LIMIT .
THIS INTERPRETATION OF ARTICLE 93 IS HOWEVER UNACCEPTABLE BECAUSE IT WOULD HAVE THE EFFECT OF DEPRIVING THE PROVISIONS OF ARTICLE 93 ( 3 ) OF THEIR BINDING FORCE AND EVEN THAT OF ENCOURAGING THEIR NON-OBSERVANCE .
13 THE AIM OF ARTICLE 92 IS TO PREVENT TRADE BETWEEN MEMBER STATES FROM BEING AFFECTED BY BENEFITS GRANTED BY THE PUBLIC AUTHORITIES WHICH, IN VARIOUS FORMS, DISTORT OR THREATEN TO DISTORT COMPETITION BY FAVOURING CERTAIN UNDERTAKINGS OR THE PRODUCTION OF CERTAIN GOODS .
ACCORDINGLY, ARTICLE 92 DOES NOT DISTINGUISH BETWEEN THE MEASURES OF STATE INTERVENTION CONCERNED BY REFERENCE TO THEIR CAUSES OR AIMS BUT DEFINES THEM IN RELATION TO THEIR EFFECTS .
CONSEQUENTLY, THE ALLEGED FISCAL NATURE OR SOCIAL AIM OF THE MEASURE IN ISSUE CANNOT SUFFICE TO SHIELD IT FROM THE APPLICATION OF ARTICLE 92 .
15 THE ABOVE OBSERVATIONS IN RESPECT OF CHARGES UNDER THE FAMILY ALLOWANCE SCHEME PAYABLE OUT OF THE PROFITS OF AN UNDERTAKING APPLIES, ON THE SAME BASIS, TO THE RELATIONSHIP BETWEEN THE DIFFERENT BRANCHES OF INDUSTRY .
CONSEQUENTLY, THE FIGURES SUBMITTED BY THE APPLICANT GOVERNMENT SHOWING THAT DURING 1971 THE SUM OF 65.7 THOUSAND MILLION LIRE WAS PAID IN CONTRIBUTIONS BY THE TEXTILE SECTOR, WHEREAS THE SOCIAL SECURITY BENEFITS PERTAINING TO FAMILY ALLOWANCES IN THIS SECTOR ONLY AMOUNTED TO 42.4 THOUSAND MILLION LIRE, CANNOT PROVE THAT, IN RESPECT OF ITS PRODUCTION COSTS, THE TEXTILE SECTOR WAS PLACED IN A DISADVANTAGEOUS POSITION IN RELATION TO OTHER SECTORS OF INDUSTRY .
IT MUST BE CONCLUDED THAT THE PARTIAL REDUCTION OF SOCIAL CHARGES PERTAINING TO FAMILY ALLOWANCES DEVOLVING UPON EMPLOYERS IN THE TEXTILE SECTOR IS A MEASURE INTENDED PARTIALLY TO EXEMPT UNDERTAKINGS OF A PARTICULAR INDUSTRIAL SECTOR FROM THE FINANCIAL CHARGES ARISING FROM THE NORMAL APPLICATION OF THE GENERAL SOCIAL SECURITY SYSTEM, WITHOUT THERE BEING ANY JUSTIFICATION FOR THIS EXEMPTION ON THE BASIS OF THE NATURE OR GENERAL SCHEME OF THIS SYSTEM .
Reiniera Charlotte Brouerius van Nidek v Inspecteur der Registratie en Successie.
Date: 1974-07-03
11 IT IS AS A RESULT OF THIS LIABILITY THAT THE SECOND PARAGRAPH EXEMPTS SALARIES, WAGES AND EMOLUMENTS FROM NATIONAL TAXES, SO THAT THE ARTICLE TAKEN AS A WHOLE ENSURES A UNIFORM TREATMENT OF THE SAID SALARIES, WAGES AND EMOLUMENTS FOR ALL THE OFFICIALS AND SERVANTS OF THE COMMUNITIES, PREVENTING, FIRSTLY AND CHIEFLY, THEIR EFFECTIVE REMUNERATION FROM DIFFERING ACCORDING TO THEIR NATIONALITY OR FISCAL DOMICILE AS A RESULT OF THE ASSESSMENT OF DIFFERENT NATIONAL TAXES, AND SECONDLY PREVENTING THIS REMUNERATION FROM BEING INORDINATELY TAXED AS A RESULT OF DOUBLE LIABILITY .
12 THE EXEMPTION PROVIDED BY THE SECOND PARAGRAPH OF ARTICLE 13 THEREFORE ONLY COVERS NATIONAL TAXES OF A SIMILAR NATURE TO THOSE LEVIED BY THE COMMUNITY ON THE SAME SOURCES OF INCOME .
Pierre Guillot v Commission of the European Communities.
Date: 1974-07-11
14 IN VIEW OF THIS THE COMMISSION'S REFUSAL TO UNDERTAKE AN INQUIRY SHOULD BE ANNULLED .
Procureur du Roi v Benoît and Gustave Dassonville.
Date: 1974-07-11
5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .
6 IN THE ABSENCE OF A COMMUNITY SYSTEM GUARANTEEING FOR CONSUMERS THE AUTHENTICITY OF A PRODUCT'S DESIGNATION OF ORIGIN, IF A MEMBER STATE TAKES MEASURES TO PREVENT UNFAIR PRACTICES IN THIS CONNEXION, IT IS HOWEVER SUBJECT TO THE CONDITION THAT THESE MEASURES SHOULD BE REASONABLE AND THAT THE MEANS OF PROOF REQUIRED SHOULD NOT ACT AS A HINDRANCE TO TRADE BETWEEN MEMBER STATES AND SHOULD, IN CONSEQUENCE, BE ACCESSIBLE TO ALL COMMUNITY NATIONALS .
15 HOWEVER, THE FACT THAT AN AGREEMENT MERELY AUTHORIZES THE CONCESSIONAIRE TO EXPLOIT SUCH A NATIONAL RULE OR DOES NOT PROHIBIT HIM FROM DOING SO, DOES NOT SUFFICE, IN ITSELF, TO RENDER THE AGREEMENT NULL AND VOID .
16 THE COSTS INCURRED BY THE GOVERNMENTS OF BELGIUM AND OF THE UNITED KINGDOM AS WELL AS BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
General Union of Personnel of European Organizations v Commission of the European Communities.
Date: 1974-10-08
14 ON THE OTHER HAND, THE BRINGING OF A DIRECT ACTION IS INADMISSIBLE UNDER THE ARRANGEMENTS PROVIDED UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS FOR PROCEEDINGS TO BE BROUGHT BEFORE THE COURT, INSOFAR AS THESE PROVISIONS GIVE EFFECT TO ARTICLE 179 OF THE EEC TREATY AND THE CORRESPONDING ARTICLES OF THE ECSC AND THE EAEC TREATIES .
Demag AG v Finanzamt Duisburg-Süd.
Date: 1974-10-22
8 IN THE PROCEDURE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY, THE COURT CANNOT CLASSIFY A SPECIFIC NATIONAL TAX FOR THE PURPOSE OF APPLYING ARTICLES 12 AND 95, SINCE THE INTERPRETATION OF LEGISLATIVE AND OTHER ACTS OF A NATIONAL NATURE REMAINS WITHIN THE JURISDICTION OF THE NATIONAL COURT AND THIS COURT IS COMPETENT ONLY TO INTERPRET AND ASSESS THE VALIDITY OF THE COMMUNITY ACTS REFERRED TO IN THE SAID ARTICLE .
HOWEVER, THE COURT IS COMPETENT TO INTERPRET THE AFOREMENTIONED PROVISIONS OF THE TREATY IN ORDER TO ENABLE THE NATIONAL COURT TO APPLY THE RULE OF COMMUNITY LAW CORRECTLY TO THE TAX IN QUESTION .