larimo/cjeu-paragraph-retrieval huggingface dataset:
Milch-, Fett- und Eier-Kontor GmbH v Hauptzollamt Hamburg-Jonas.
Date: 1976-06-02
5 THE REASON WHY THE REFUND VARIES ACCORDING TO THE DESTINATION OF THE PRODUCTS IS , ACCORDING TO THE FOURTH RECITAL TO REGULATION NO 876/68 , THAT ' MARKETS IN THE COUNTRIES OF DESTINATION ARE AT VARYING DISTANCES FROM COMMUNITY MARKETS AND SPECIAL CONDITIONS APPLY TO IMPORTS IN CERTAIN COUNTRIES OF DESTINATION ' .

IT FOLLOWS FROM ARTICLE 4 AND THE RECITALS IN THE PREAMBLE TO THE AFOREMENTIONED REGULATION THAT THE AMOUNT OF THE REFUND DEPENDS ON THE CONDITIONS OF THE MARKET WHICH THE PRODUCT IN QUESTION MUST ENTER AND AS A RESULT ON THE ACTUAL IMPORT OF THE PRODUCT INTO THE GIVEN COUNTRY OF DESTINATION .

THE VARIATION IN THE REFUND TAKES PLACE BY REASON OF THE DESIRE TO TAKE ACCOUNT OF THE PECULIAR CHARACTERISTICS OF EACH IMPORT MARKET ON WHICH THE COMMUNITY WISHES TO PLAY A PART .
EMI Records Limited v CBS United Kingdom Limited.
Date: 1976-06-15
15 ACCORDING TO ARTICLE 9 ( 2 ) OF THE TREATY THE PROVISIONS OF CHAPTER 1 , SECTION 1 AND OF CHAPTER 2 OF TITLE I OF PART TWO SHALL APPLY TO PRODUCTS COMING FROM THIRD COUNTRIES WHICH ARE IN FREE CIRCULATION IN MEMBER STATES .
27 NEVERTHELESS , THE EXERCISE OF THAT RIGHT MIGHT FALL WITHIN THE AMBIT OF THE PROHIBITIONS CONTAINED IN THE TREATY IF IT WERE TO MANIFEST ITSELF AS THE SUBJECT , THE MEANS , OR THE CONSEQUENCE OF A RESTRICTIVE PRACTICE .
30 FOR ARTICLE 85 TO APPLY TO A CASE , SUCH AS THE PRESENT ONE , OF AGREEMENTS WHICH ARE NO LONGER IN FORCE IT IS SUFFICIENT THAT SUCH AGREEMENTS CONTINUE TO PRODUCE THEIR EFFECTS AFTER THEY HAVE FORMALLY CEASED TO BE IN FORCE .
John Mills v European Investment Bank.
Date: 1976-06-15
14 IT MUST THUS BE CONCLUDED THAT BY THE WORDS ' ANY DISPUTE BETWEEN THE COMMUNITY AND ITS SERVANTS '  ARTICLE 179 IS NOT RESTRICTED EXCLUSIVELY TO THE INSTITUTIONS OF THE COMMUNITY AND THEIR STAFF BUT ALSO INCLUDES THE BANK AS A COMMUNITY INSTITUTION ESTABLISHED AND WITH A LEGAL PERSONALITY CONFERRED BY THE TREATY .
16 THIS PROVISION MERELY CONFERS UPON THE BOARD OF DIRECTORS OF THE BANK POWERS ANALOGOUS TO THOSE CONFERRED UPON THE COMMISSION BY ARTICLE 169 AND RENDERS MEASURES ADOPTED BY THE BOARD OF GOVERNORS AND THOSE ADOPTED BY THE BOARD OF DIRECTORS SUBJECT TO THE SAME JURISDICTION OF THE COURT OF JUSTICE AS THAT CONFERRED BY ARTICLE 173 WITH REGARD TO THE MEASURES OF THE COUNCIL AND OF THE COMMISSION .
17 THIS COMPLEMENTARY NATURE OF ARTICLE 180 THUS CONFIRMS THE CONCLUSION THAT WHEN IN ARTICLE 179 MENTION IS MADE OF THE COMMUNITY THIS DOES NOT EXCLUDE THE BANK .
22 THE SYSTEM ADOPTED FOR THE RELATIONS BETWEEN THE BANK AND ITS EMPLOYEES IS THUS CONTRACTUAL AND IS ACCORDINGLY FOUNDED ON THE PRINCIPLE THAT INDIVIDUAL CONTRACTS CONCLUDED BETWEEN THE BANK AND EACH OF ITS EMPLOYEES CONSTITUTE THE OUTCOME OF AN AGREEMENT RESTING ON MUTUAL CONSENT .
Giordano Frecassetti v Amministrazione delle finanze dello Stato.
Date: 1976-06-15
9 IF , ON THE OTHER HAND , THE COMMISSION HAD WISHED TO INDICATE THAT IT APPLIES TO LEVIES , IT WOULD HAVE SPECIFIED THIS SINCE THE RECOMMENDATION WAS ADOPTED MORE THAN ONE MONTH AFTER THE PUBLICATION OF REGULATION NO 19 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKETS IN CEREALS , ARTICLE 17 OF WHICH PROVIDES THAT ' THE LEVY TO BE CHARGED SHALL BE THAT APPLICABLE ON THE DAY OF IMPORTATION ' .
Walter J. Riemer v Hauptzollamt Lübeck-West.
Date: 1976-06-15
4 THE INFORMATION PROVIDED TO THE COURT SHOWS THAT THE CHARACTERISTICS OF THE BERRIES WHICH ARE SUBJECTED TO THE FREEZING PROCESSES UNDERGO CERTAIN IRREVERSABLE CHANGES AS A RESULT OF THIS VERY PROCESS , IN PARTICULAR TO THE STRUCTURE OF THE FLESH , WITH THE RESULT THAT THEY ARE NO LONGER IN THE NATURAL STATE , EVEN AFTER THEY HAVE STARTED TO THAW OR HAVE THAWED OUT .
Terrapin (Overseas) Ltd. v Terranova Industrie CA Kapferer & Co.
Date: 1976-06-22
5 AS A RESULT OF THE PROVISIONS IN THE TREATY RELATING TO THE FREE MOVEMENT OF GOODS AND IN PARTICULAR OF ARTICLE 30 , QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT ARE PROHIBITED BETWEEN MEMBER STATES . BY ARTICLE 36 THESE PROVISIONS NEVERTHELESS DO NOT PRECLUDE PROHIBITIONS OR RESTRICTIONS ON IMPORTS JUSTIFIED ON GROUNDS OF THE PROTECTION OF INDUSTRIAL OR COMMERCIAL PROPERTY . HOWEVER , IT IS CLEAR FROM THAT SAME ARTICLE , IN PARTICULAR THE SECOND SENTENCE , AS WELL AS FROM THE CONTEXT , THAT WHILST THE TREATY DOES NOT AFFECT THE EXISTENCE OF RIGHTS RECOGNIZED BY THE LEGISLATION OF A MEMBER STATE IN MATTERS OF INDUSTRIAL AND COMMERCIAL PROPERTY , YET THE EXERCISE OF THOSE RIGHTS MAY NEVERTHELESS , DEPENDING ON THE CIRCUMSTANCES , BE RESTRICTED BY THE PROHIBITIONS IN THE TREATY . INASMUCH AS IT PROVIDES AN EXCEPTION TO ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET , ARTICLE 36 IN FACT ADMITS EXCEPTIONS TO THE FREE MOVMENT OF GOODS ONLY TO THE EXTENT TO WHICH SUCH EXCEPTIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT-MATTER OF THAT PROPERTY .
Bobie Getränkevertrieb GmbH v Hauptzollamt Aachen-Nord.
Date: 1976-06-22
3 AS PROVIDED FOR IN THE FIRST PARAGRAPH OF ARTICLE 95 OF THE EEC TREATY ' NO MEMBER STATE SHALL IMPOSE , DIRECTLY OR INDIRECTLY , ON THE PRODUCTS OF OTHER MEMBER STATES ANY INTERNAL TAXATION OF ANY KIND IN EXCESS OF THAT IMPOSED DIRECTLY OR INDIRECTLY ON SIMILAR DOMESTIC PRODUCTS ' .

THIS PROVISION SEEKS TO ENSURE , BY MEANS OF THE PROHIBITION WHICH IT LAYS DOWN , THAT AN IMPORTING MEMBER STATE DOES NOT , BY MEANS OF INTERNAL TAXATION OF IMPORTED PRODUCTS AND SIMILAR DOMESTIC PRODUCTS , GIVE DOMESTIC TRADERS PREFERENTIAL TREATMENT AS COMPARED WITH THEIR COMPETITORS FROM OTHER MEMBER STATES WHO SELL SIMILAR PRODUCTS ON THE MARKET OF THAT STATE .

ALTHOUGH UNDER THIS PROVISION A MEMBER STATE MAY APPLY TO THE IMPORTED PRODUCT A SYSTEM OF TAXATION DIFFERENT FROM THE ONE TO WHICH THE SIMILAR DOMESTIC PRODUCT IS SUBJECT , IT MAY ONLY DO SO IF THE CHARGE TO TAX ON THE IMPORTED PRODUCT REMAINS AT ALL TIMES THE SAME AS OR LOWER THAN THE CHARGE APPLICABLE TO THE SIMILAR DOMESTIC PRODUCT .

CONSEQUENTLY THE FIRST PARAGRAPH OF ARTICLE 95 WOULD BE INFRINGED IF THE TAX ON THE IMPORTED PRODUCT AND THAT APPLIED TO THE SIMILAR DOMESTIC PRODUCT WERE CALCULATED IN A DIFFERENT WAY AND IN ACCORDANCE WITH DIFFERENT RULES , LEADING , EVEN IF ONLY IN CERTAIN CASES , TO LOWER TAXATION OF THE DOMESTIC PRODUCT .
Jacques Henri Sergy v Commission of the European Communities.
Date: 1976-07-01
13 THIS ADDITION IS NOT , HOWEVER , SUCH AS TO ALTER THE ASSESSMENT OF THE DEFENDANT ' S CONDUCT SINCE ALL IT DOES IS TO CONFIRM A DISCRETION WHICH , IN THE INTERESTS OF THE SERVICE , THE ADMINISTRATIVE AUTHORITY HAS IN ANY CASE TO EXERCISE .
14 DURING THE ORAL PROCEDURE THE DEFENDANT ACKNOWLEDGED THAT VARIOUS POSTS CAPABLE OF BEING FILLED BY THE APPLICANT FELL VACANT SHORTLY AFTER THE EXPIRY OF THE LEAVE ON PERSONAL GROUNDS .
15 IN CONSEQUENCE , BY FAILING TO REINSTATE THE APPLICANT UNTIL MORE THAN TWO YEARS HAD ELAPSED , THE DEFENDANT IS IN BREACH OF ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS .
32 THE OBJECT OF THAT PROVISION IS TO ENABLE AND ENCOURAGE AN AMICABLE SETTLEMENT OF DIFFERENCE WHICH HAS ARISEN BETWEEN OFFICIALS OR SERVANTS AND THE ADMINISTRATION ; IN ORDER TO COMPLY WITH THIS REQUIREMENT IT IS ESSENTIAL THAT THE ADMINISTRATION BE IN A POSITION TO KNOW THE COMPLAINTS OR REQUESTS OF THE PERSON CONCERNED .
41 AT THE SAME TIME , CONSIDERATION MUST BE GIVEN TO THE QUESTION WHETHER , AS THE DEFENDANT MAINTAINS , THE APPLICANT IS NOT , ON ACCOUNT OF HIS CONDUCT , PARTIALLY RESPONSIBLE FOR THE DAMAGE SUFFERED .
Lynne Watson and Alessandro Belmann.
Date: 1976-07-07
16 THE PROVISIONS OF THE TREATY AND OF SECONDARY COMMUNITY LAW TO WHICH REFERENCE HAS JUST BEEN MADE IMPLEMENT A FUNDAMENTAL PRINCIPLE CONTAINED IN ARTICLE 3 ( C ) OF THE TREATY , WHICH STATES THAT , FOR THE PURPOSES SET OUT IN ARTICLE 2 , THE ACTIVITIES OF THE COMMUNITY SHALL INCLUDE THE ABOLITION , AS BETWEEN MEMBER STATES , OF OBSTACLES TO FREEDOM OF MOVEMENT FOR PERSONS , SERVICES AND CAPITAL .

THESE PROVISIONS TAKE PRECEDENCE OVER ANY NATIONAL RULE WHICH MIGHT CONFLICT WITH THEM .
17 BY CREATING THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR PERSONS AND BY CONFERRING ON ANY PERSON FALLING WITHIN ITS AMBIT THE RIGHT OF ACCESS TO THE TERRITORY OF THE MEMBER STATES , FOR THE PURPOSES INTENDED BY THE TREATY , COMMUNITY LAW HAS NOT EXCLUDED THE POWER OF MEMBER STATES TO ADOPT MEASURES ENABLING THE NATIONAL AUTHORITIES TO HAVE AN EXACT KNOWLEDGE OF POPULATION MOVEMENTS AFFECTING THEIR TERRITORY .
18 UNDER THE TERMS OF ARTICLE 8 ( 2 ) OF DIRECTIVE NO 68/360 AND ARTICLE 4 ( 2 ) OF DIRECTIVE NO 73/148 , THE COMPETENT AUTHORITIES IN THE MEMBER STATES MAY REQUIRE NATIONALS OF THE OTHER MEMBER STATES TO REPORT THEIR PRESENCE TO THE AUTHORITIES OF THE STATE CONCERNED .

SUCH AN OBLIGATION COULD NOT IN ITSELF BE REGARDED AS AN INFRINGEMENT OF THE RULES CONCERNING FREEDOM OF MOVEMENT FOR PERSONS .

HOWEVER , SUCH AN INFRINGEMENT MIGHT RESULT FROM THE LEGAL FORMALITIES IN QUESTION IF THE CONTROL PROCEDURES TO WHICH THEY REFER WERE SUCH AS TO RESTRICT THE FREEDOM OF MOVEMENT REQUIRED BY THE TREATY OR TO LIMIT THE RIGHT CONFERRED BY THE TREATY ON NATIONALS OF THE MEMBER STATES TO ENTER AND RESIDE IN THE TERRITORY OF ANY OTHER MEMBER STATE FOR THE PURPOSES INTENDED BY COMMUNITY LAW .
20 AMONG THE PENALTIES ATTACHING TO A FAILURE TO COMPLY WITH THE PRESCRIBED DECLARATION AND REGISTRATION FORMALITIES , DEPORTATION , IN RELATION TO PERSONS PROTECTED BY COMMUNITY LAW , IS CERTAINLY INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY SINCE , AS THE COURT HAS ALREADY CONFIRMED IN OTHER CASES , SUCH A MEASURE NEGATES THE VERY RIGHT CONFERRED AND GUARANTEED BY THE TREATY .
21 AS REGARDS OTHER PENALTIES , SUCH AS FINES AND DETENTION , WHILST THE NATIONAL AUTHORITIES ARE ENTITLED TO IMPOSE PENALTIES IN RESPECT OF A FAILURE TO COMPLY WITH THE TERMS OF PROVISIONS REQUIRING FOREIGN NATIONALS TO NOTIFY THEIR PRESENCE WHICH ARE COMPARABLE TO THOSE ATTACHING TO INFRINGEMENTS OF PROVISIONS OF EQUAL IMPORTANCE BY NATIONALS , THEY ARE NOT JUSTIFIED IN IMPOSING A PENALTY SO DISPROPORTIONATE TO THE GRAVITY OF THE INFRINGEMENT THAT IT BECOMES AN OBSTACLE TO THE FREE MOVEMENT OF PERSONS .
Cornelis Kramer and others.
Date: 1976-07-14
33 QUE , DANS CES CONDITIONS , IL RESULTE DES OBLIGATIONS ET POUVOIRS MEMES QUE LE DROIT COMMUNAUTAIRE A ETABLIS , SUR LE PLAN INTERNE , DANS LE CHEF DES INSTITUTIONS DE LA COMMUNAUTE , QUE CELLE-CI A COMPETENCE POUR PRENDRE DES ENGAGEMENTS INTERNATIONAUX TENDANT A LA CONSERVATION DES RESSOURCES DE LA MER ;
40 ATTENDU , CEPENDANT , QU ' IL Y A LIEU DE PRECISER , D ' UNE PART , QUE CETTE COMPETENCE DES ETATS MEMBRES N ' A QU ' UN CARACTERE TRANSITOIRE ET , D ' AUTRE PART , QUE LES ETATS MEMBRES CONCERNES SONT DES A PRESENT LIES PAR DES OBLIGATIONS COMMUNAUTAIRES DANS LES NEGOCIATIONS QU ' ILS MENENT DANS LE CADRE DE LA CONVENTION ET D ' AUTRES ACCORDS COMPARABLES ;
53 2 ) ATTENDU , ENFIN , QUANT AU POINT DE SAVOIR SI DES MESURES TELLES QUE CELLES ADOPTEES PAR LES PAYS-BAS SONT PROHIBEES COMME MESURES AYANT UN EFFET EQUIVALANT A CELUI D ' UNE RESTRICTION QUANTITATIVE , QUE LES DISPOSITIONS DU REGLEMENT NO 2142/70 N ' ENONCENT PAS EXPRESSEMENT UNE TELLE INTERDICTION EN CE QUI CONCERNE LES ECHANGES INTRACOMMUNAUTAIRES ;
54 QUE , CEPENDANT , IL RESULTE DES DISPOSITIONS COMBINEES DES ARTICLES 38 A 46 ET 8 , PARAGRAPHE 7 , DU TRAITE QUE CETTE INTERDICTION DECOULE , AU PLUS TARD DEPUIS L ' EXPIRATION DE LA PERIODE DE TRANSITION , DE PLEIN DROIT DES DISPOSITIONS DU TRAITE , AINSI QU ' IL A D ' AILLEURS ETE SOULIGNE AU VINGTIEME CONSIDERANT DU REGLEMENT NO 2142/70 ;
Gaetano Donà v Mario Mantero.
Date: 1976-07-14
12 ( 2 ) HAVING REGARD TO THE OBJECTIVES OF THE COMMUNITY , THE PRACTICE OF SPORT IS SUBJECT TO COMMUNITY LAW ONLY IN SO FAR AS IT CONSTITUTES AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 2 OF THE TREATY .

THIS APPLIES TO THE ACTIVITIES OF PROFESSIONAL OR SEMI-PROFESSIONAL FOOTBALL PLAYERS , WHICH ARE IN THE NATURE OF GAINFUL EMPLOYMENT OR REMUNERATED SERVICE .
14 HOWEVER , THOSE PROVISIONS DO NOT PREVENT THE ADOPTION OF RULES OR OF A PRACTICE EXCLUDING FOREIGN PLAYERS FROM PARTICIPATION IN CERTAIN MATCHES FOR REASONS WHICH ARE NOT OF AN ECONOMIC NATURE , WHICH RELATE TO THE PARTICULAR NATURE AND CONTEXT OF SUCH MATCHES AND ARE THUS OF SPORTING INTEREST ONLY , SUCH AS , FOR EXAMPLE , MATCHES BETWEEN NATIONAL TEAMS FROM DIFFERENT COUNTRIES .
15 THIS RESTRICTION ON THE SCOPE OF THE PROVISIONS IN QUESTION MUST HOWEVER REMAIN LIMITED TO ITS PROPER OBJECTIVE .
17 ( 3 ) AS THE COURT HAS ALREADY RULED IN ITS JUDGMENT OF 12 DECEMBER 1974 IN WALRAVE V UNION CYCLISTE INTERNATIONALE ( CASE 36/74 ( 1974 ) ECR 1405 ), THE PROHIBITION ON DISCRIMINATION BASED ON NATIONALITY DOES NOT ONLY APPLY TO THE ACTION OF PUBLIC AUTHORITIES BUT EXTENDS LIKEWISE TO RULES OF ANY OTHER NATURE AIMED AT COLLECTIVELY REGULATING GAINFUL EMPLOYMENT AND SERVICES .
18 IT FOLLOWS THAT THE PROVISIONS OF ARTICLES 7 , 48 AND 59 OF THE TREATY , WHICH ARE MANDATORY IN NATURE , MUST BE TAKEN INTO ACCOUNT BY THE NATIONAL COURT IN JUDGING THE VALIDITY OR THE EFFECTS OF A PROVISION INSERTED IN THE RULES OF A SPORTING ORGANIZATION .
19 THE ANSWER TO THE QUESTIONS REFERRED TO THE COURT MUST THEREFORE BE THAT RULES OR A NATIONAL PRACTICE , EVEN ADOPTED BY A SPORTING ORGANIZATION , WHICH LIMIT THE RIGHT TO TAKE PART IN FOOTBALL MATCHES AS PROFESSIONAL OR SEMI-PROFESSIONAL PLAYERS SOLELY TO THE NATIONALS OF THE STATE IN QUESTION , ARE INCOMPATIBLE WITH ARTICLE 7 AND , AS THE CASE MAY BE , WITH ARTICLES 48 TO 51 OR 59 TO 66 OF THE TREATY UNLESS SUCH RULES OR PRACTICE EXCLUDE FOREIGN PLAYERS FROM PARTICIPATION IN CERTAIN MATCHES FOR REASONS WHICH ARE NOT OF AN ECONOMIC NATURE , WHICH RELATE TO THE PARTICULAR NATURE AND CONTEXT OF SUCH MATCHES AND ARE THUS OF SPORTING INTEREST ONLY .
20 ( 4 ) AS THE COURT HAS ALREADY RULED IN ITS JUDGMENTS OF 4 DECEMBER 1974 IN CASE 41/74 ( VAN DUYN V HOME OFFICE ( 1974 ) ECR 1337 ) AND 3 DECEMBER 1974 IN CASE 33/74 ( VAN BINSBERGEN V BESTUUR VAN DE BEDRIJFSVERENIGING VOOR DE METAALNIJVERHEID ( 1974 ) ECR 1299 ) RESPECTIVELY , ARTICLE 48 ON THE ONE HAND AND THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE TREATY ON THE OTHER - THE LAST TWO PROVISIONS AT LEAST IN SO FAR AS THEY SEEK TO ABOLISH ANY DISCRIMINATION AGAINST A PERSON PROVIDING A SERVICE BY REASON OF HIS NATIONALITY OR OF THE FACT THAT HE RESIDES IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED - HAVE A DIRECT EFFECT IN THE LEGAL ORDERS OF THE MEMBER STATES AND CONFER ON INDIVIDUALS RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
Commission of the European Communities v Italian Republic.
Date: 1976-09-22
11 ARTICLE 189 OF THE TREATY PROVIDES THAT A DIRECTIVE SHALL BE BINDING , AS TO THE RESULT TO BE ACHIEVED , UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED BUT LEAVES TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS .
12 THE MANDATORY NATURE OF DIRECTIVES ENTAILS THE OBLIGATION FOR ALL MEMBER STATES TO COMPLY WITH THE TIME-LIMITS CONTAINED THEREIN IN ORDER THAT THE IMPLEMENTATION SHALL BE ACHIEVED UNIFORMLY WITHIN THE WHOLE COMMUNITY .
Industrie Tessili Italiana Como v Dunlop AG.
Date: 1976-10-06
9 ARTICLE 220 OF THE EEC TREATY PROVIDES THAT MEMBER STATES SHALL , SO FAR AS NECESSARY , ENTER INTO NEGOTIATIONS WITH EACH OTHER WITH A VIEW TO SECURING FOR THE BENEFIT OF THEIR NATIONALS THE ESTABLISHMENT OF RULES INTENDED TO FACILITATE THE ACHIEVEMENT OF THE COMMON MARKET IN THE VARIOUS SPHERES LISTED IN THAT PROVISION . THE CONVENTION WAS ESTABLISHED TO IMPLEMENT ARTICLE 220 AND WAS INTENDED ACCORDING TO THE EXPRESS TERMS OF ITS PREAMBLE TO IMPLEMENT THE PROVISIONS OF THAT ARTICLE ON THE SIMPLIFICATION OF FORMALITIES GOVERNING THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF COURTS OR TRIBUNALS AND TO STRENGTHEN IN THE COMMUNITY THE LEGAL PROTECTION OF PERSONS THEREIN ESTABLISHED . IN ORDER TO ELIMINATE OBSTACLES TO LEGAL RELATIONS AND TO SETTLE DISPUTES WITHIN THE SPHERE OF INTRA-COMMUNITY RELATIONS IN CIVIL AND COMMERCIAL MATTERS THE CONVENTION CONTAINS , INTER ALIA , RULES ENABLING THE JURISDICTION IN THESE MATTERS OF COURTS OF MEMBER STATES TO BE DETERMINED AND FACILITATING THE RECOGNITION AND EXECUTION OF COURTS '  JUDGMENTS . ACCORDINGLY THE CONVENTION MUST BE INTERPRETED HAVING REGARD BOTH TO ITS PRINCIPLES AND OBJECTIVES AND TO ITS RELATIONSHIP WITH THE TREATY .
11 NEITHER OF THESE TWO OPTIONS RULES OUT THE OTHER SINCE THE APPROPRIATE CHOICE CAN ONLY BE MADE IN RESPECT OF EACH OF THE PROVISIONS OF THE CONVENTION TO ENSURE THAT IT IS FULLY EFFECTIVE HAVING REGARD TO THE OBJECTIVES OF ARTICLE 220 OF THE TREATY . IN ANY EVENT IT SHOULD BE STRESSED THAT THE INTERPRETATION OF THE SAID WORDS AND CONCEPTS FOR THE PURPOSE OF THE CONVENTION DOES NOT PREJUDGE THE QUESTION OF THE SUBSTANTIVE RULE APPLICABLE TO THE PARTICULAR CASE .

THE QUESTION RAISED BY THE NATIONAL COURT
13 THIS FREEDOM OF CHOICE WAS INTRODUCED IN VIEW OF THE EXISTENCE IN CERTAIN WELL-DEFINED CASES OF A PARTICULARLY CLOSE RELATIONSHIP BETWEEN A DISPUTE AND THE COURT WHICH MAY BE MOST CONVENIENTLY CALLED UPON TO TAKE COGNIZANCE OF THE MATTER . THUS IN THE CASE OF AN ACTION RELATING TO CONTRACTUAL OBLIGATIONS ARTICLE 5 ( 1 ) ALLOWS A PLAINTIFF TO BRING THE MATTER BEFORE THE COURT FOR THE PLACE ' OF PERFORMANCE '  OF THE OBLIGATION IN QUESTION . IT IS FOR THE COURT BEFORE WHICH THE MATTER IS BROUGHT TO ESTABLISH UNDER THE CONVENTION WHETHER THE PLACE OF PERFORMANCE IS SITUATE WITHIN ITS TERRITORIAL JURISDICTION . FOR THIS PURPOSE IT MUST DETERMINE IN ACCORDANCE WITH ITS OWN RULES OF CONFLICT OF LAWS WHAT IS THE LAW APPLICABLE TO THE LEGAL RELATIONSHIP IN QUESTION AND DEFINE IN ACCORDANCE WITH THAT LAW THE PLACE OF PERFORMANCE OF THE CONTRACTUAL OBLIGATION IN QUESTION .
14 HAVING REGARD TO THE DIFFERENCES OBTAINING BETWEEN NATIONAL LAWS OF CONTRACT AND TO THE ABSENCE AT THIS STAGE OF LEGAL DEVELOPMENT OF ANY UNIFICATION IN THE SUBSTANTIVE LAW APPLICABLE , IT DOES NOT APPEAR POSSIBLE TO GIVE ANY MORE SUBSTANTIAL GUIDE TO THE INTERPRETATION OF THE REFERENCE MADE BY ARTICLE 5 ( 1 ) TO THE ' PLACE OF PERFORMANCE '  OF CONTRACTUAL OBLIGATIONS . THIS IS ALL THE MORE TRUE SINCE THE DETERMINATION OF THE PLACE OF PERFORMANCE OF OBLIGATIONS DEPENDS ON THE CONTRACTUAL CONTEXT TO WHICH THESE OBLIGATIONS BELONG .
A. De Bloos, SPRL v Société en commandite par actions Bouyer.
Date: 1976-10-06
8 AS STATED IN ITS PREAMBLE , THE CONVENTION IS INTENDED TO DETERMINE THE INTERNATIONAL JURISDICTION OF THE COURTS OF THE CONTRACTING STATES , TO FACILITATE THE RECOGNITION AND TO INTRODUCE AN EXPEDITIOUS PROCEDURE FOR SECURING THE ENFORCEMENT OF JUDGMENTS .
9 THESE OBJECTIVES IMPLY THE NEED TO AVOID , SO FAR AS POSSIBLE , CREATING A SITUATION IN WHICH A NUMBER OF COURTS HAVE JURISDICTION IN RESPECT OF ONE AND THE SAME CONTRACT .
10 BECAUSE OF THIS , ARTICLE 5 ( 1 ) OF THE CONVENTION CANNOT BE INTERPRETED AS REFERRING TO ANY OBLIGATION WHATSOEVER ARISING UNDER THE CONTRACT IN QUESTION .
11 ON THE CONTRARY , THE WORD ' OBLIGATION '  IN THE ARTICLE REFERS TO THE CONTRACTUAL OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS .
12 THIS INTERPRETATION IS , MOREOVER , CLEARLY CONFIRMED BY THE ITALIAN AND GERMAN VERSIONS OF THE ARTICLE .
13 IT FOLLOWS THAT FOR THE PURPOSES OF DETERMINING THE PLACE OF PERFORMANCE WITHIN THE MEANING OF ARTICLE 5 , QUOTED ABOVE , THE OBLIGATION TO BE TAKEN INTO ACCOUNT IS THAT WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT ON WHICH THE PLAINTIFF ' S ACTION IS BASED .
14 IN A CASE WHERE THE PLAINTIFF ASSERTS THE RIGHT TO BE PAID DAMAGES OR SEEKS A DISSOLUTION OF THE CONTRACT ON THE GROUND OF THE WRONGFUL CONDUCT OF THE OTHER PARTY , THE OBLIGATION REFERRED TO IN ARTICLE 5 ( 1 ) IS STILL THAT WHICH ARISES UNDER THE CONTRACT AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON TO SUPPORT SUCH CLAIMS .
15 FOR THESE REASONS , THE ANSWER TO THE FIRST QUESTION MUST BE THAT , IN DISPUTES IN WHICH THE GRANTEE OF AN EXCLUSIVE SALES CONCESSION CHARGES THE GRANTOR WITH HAVING INFRINGED THE EXCLUSIVE CONCESSION , THE WORD ' OBLIGATION '  CONTAINED IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS REFERS TO THE OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS , NAMELY THE CONTRACTUAL OBLIGATION OF THE GRANTOR WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION .
16 IN DISPUTES CONCERNING THE CONSEQUENCES OF THE INFRINGEMENT BY THE GRANTOR OF A CONTRACT CONFERRING AN EXCLUSIVE CONCESSION , SUCH AS THE PAYMENT OF DAMAGES OR THE DISSOLUTION OF THE CONTRACT , THE OBLIGATION TO WHICH REFERENCE MUST BE MADE FOR THE PURPOSES OF APPLYING ARTICLE 5 ( 1 ) OF THE CONVENTION IS THAT WHICH THE CONTRACT IMPOSES ON THE GRANTOR AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION FOR DAMAGES OR FOR THE DISSOLUTION OF THE CONTRACT .
17 IN THE CASE OF ACTIONS FOR THE PAYMENT OF COMPENSATION BY WAY OF DAMAGES , IT IS FOR THE NATIONAL COURT TO ASCERTAIN WHETHER , UNDER THE LAW APPLICABLE TO THE CONTRACT , AN INDEPENDENT CONTRACTUAL OBLIGATION OR AN OBLIGATION REPLACING THE UNPERFORMED CONTRACTUAL OBLIGATION IS INVOLVED .
Alfonsa Saieva v Caisse de compensation des allocations familiales for the mining industry of the Charleroi and Basse-Sambre coal-fields.
Date: 1976-10-13
7 HOWEVER , THE COURT IS NOT REQUIRED TO RULE WITHIN THE CONTEXT OF A REQUEST FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY ON THE MEANING AND SCOPE OF NATIONAL LEGISLATIVE PROVISIONS BUT MUST RESTRICT ITSELF TO THE INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW IN QUESTION .
15 THE TRANSITIONAL PROVISIONS OF THE REGULATION , INCLUDING THE ABOVEMENTIONED PARAGRAPH , ARE BASED ON THE PRINCIPLE THAT BENEFITS AWARDED UNDER REGULATION NO 3 WHICH ARE MORE FAVOURABLE THAN THOSE PAYABLE UNDER THE NEW REGULATION SHALL NOT BE REDUCED .
16 THE AIM OF THE PROVISION IS TO GIVE TO A PERSON TO WHOM BENEFITS WERE AWARDED UNDER THE OLD REGULATION THE RIGHT TO REQUEST THE REVIEW , IN HIS FAVOUR , OF SUCH BENEFITS .
17 IT WOULD BE CONTRARY TO THIS AIM TO ACKNOWLEDGE THAT THE COMPETENT INSTITUTION HAS THE POWER TO REVIEW SUCH BENEFITS OF ITS OWN MOTION AND TO THE DETRIMENT OF THE PERSON CONCERNED .
Slavica Kermaschek v Bundesanstalt für Arbeit.
Date: 1976-11-23
7 IT IS EVIDENT FROM THE JUXTAPOSITION INDICATED BY THE USE OF THE WORDS ' AS ALSO '  THAT THIS PROVISION REFERS TO TWO CLEARLY DISTINCT CATEGORIES : WORKERS ON THE ONE HAND , AND THE MEMBERS OF THEIR FAMILY AND THEIR SURVIVORS ON THE OTHER .

ONLY THE NATIONALS OF ONE OF THE MEMBER STATES , STATELESS PERSONS AND REFUGEES WHO ARE OR HAVE BEEN SUBJECT TO THE SOCIAL SECURITY SCHEME OF ONE OR MORE MEMBER STATES ARE COVERED IN THEIR CAPACITY AS WORKERS .

WHEREAS THE PERSONS BELONGING TO THE FIRST CATEGORY CAN CLAIM THE RIGHTS TO BENEFITS COVERED BY THE REGULATION AS RIGHTS OF THEIR OWN , THE PERSONS BELONGING TO THE SECOND CATEGORY CAN ONLY CLAIM DERIVED RIGHTS , ACQUIRED THROUGH THEIR STATUS AS A MEMBER OF THE FAMILY OR A SURVIVOR OF A WORKER , THAT IS TO SAY OF A PERSON BELONGING TO THE FIRST CATEGORY .
Berthold Küster v European Parliament.
Date: 1976-11-25
9 ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL .
10 ACCORDINGLY THE ARGUMENT THAT AN APPLICATION AGAINST A PERIODIC REPORT IS IPSO FACTO INADMISSIBLE CANNOT BE ACCEPTED .
Berthold Küster v European Parliament.
Date: 1976-11-25
10 ALTHOUGH ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS PROVIDES THAT BEFORE FILLING A VACANT POST IN AN INSTITUTION , THE APPOINTING AUTHORITY SHALL FIRST CONSIDER WHETHER THE POST CAN BE FILLED BY PROMOTION OR TRANSFER WITHIN THE INSTITUTIONS , IT DOES NOT GIVE OFFICIALS WHO FULFIL THE CONDITIONS FOR PROMOTION A PERSONAL RIGHT TO PROMOTION , SINCE THE FILLING OF EACH POST MUST IN ACCORDANCE WITH THE FIRST PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS BE BASED IN THE FIRST PLACE ON THE INTERESTS OF THE SERVICE .
12 IT APPEARS FROM THESE PROVISIONS THAT THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN THE MATTER .