larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v Jean-Louis Tordeur and others.
Date: 1985-10-03
27 IT IS TRUE THAT A TEMPORARY WORKER CANNOT BE DENIED SOCIAL PROTECTION SOLELY ON THE GROUND THAT HE HAS BEEN PLACED AT THE DISPOSAL OF A COMMUNITY INSTITUTION . HOWEVER , SUCH PROTECTION CANNOT BE PROVIDED BY MEANS WHICH ENCROACH UPON THE AUTONOMY OF THE COMMUNITY INSTITUTIONS IN THIS AREA .
28 IN THE LIGHT OF THE AFORESAID CONSIDERATIONS , AND IN ACCORDANCE WITH THE RULING GIVEN BY THE COURT IN ITS JUDGMENT OF 11 MARCH 1975 IN CASE 65/74 ( PORRINI V EAEC AND COMONT ( 1975 ) ECR 319 ), IT IS NOT POSSIBLE FOR A CONTRACT OF EMPLOYMENT WITH A COMMUNITY INSTITUTION , A FORTIORI A CONTRACT OF EMPLOYMENT OF INDETERMINATE DURATION , TO COME INTO BEING AS A RESULT NOT OF A DECISION OF THE DESIGNATED COMPETENT AUTHORITY BUT OF THE FACT , EVEN WHERE IT IS SUPPORTED BY A DECISION OF A NATIONAL COURT , THAT CERTAIN STATUTORY PROVISIONS OF THE MEMBER STATE IN WHICH THAT INSTITUTION IS SITUATED WHICH RELATE TO TEMPORARY WORK HAVE NOT BEEN COMPLIED WITH .
Ministère public and Ministry of Finance v Venceslas Profant.
Date: 1985-10-03
25 THOSE CONSIDERATIONS SHOW THAT THE AUTHORITIES OF THE MEMBER STATES DO NOT ENJOY A COMPLETE DISCRETION IN IMPLEMENTING THE EXEMPTIONS UNDER ARTICLE 14 OF THE SIXTH COUNCIL DIRECTIVE , FOR THEY HAVE TO OBSERVE THE FUNDAMENTAL OBJECTIVES OF THE HARMONIZATION OF VALUE-ADDED TAX SUCH AS , IN PARTICULAR , TO FACILITATE THE FREE MOVEMENT OF PERSONS AND GOODS AND TO PREVENT CASES OF DOUBLE TAXATION .
27 THE FACT THAT A STUDENT FROM ANOTHER MEMBER STATE MARRIES CANNOT OF ITSELF AFFECT THAT POSITION . IT WOULD BE OTHERWISE IF THE COUPLE IN QUESTION SETTLED IN THE HOST MEMBER STATE IN SUCH A WAY AS TO MANIFEST THEIR INTENTION OF NOT RETURNING TO THE MEMBER STATE OF ORIGIN . BUT THAT SITUATION IS NOT CONTEMPLATED BY THE JUDGMENT OF THE NATIONAL COURT AND THERE IS NOTHING IN THE FILE TO SUGGEST THAT SUCH WAS THE POSITION IN THE PRESENT CASE .
Hauptzollamt Hannover v Telefunken Fernseh und Rundfunk GmbH.
Date: 1985-10-07
35 AS REGARDS THE QUESTION WHETHER , BY VIRTUE OF GENERAL RULE A 3 ( B ), GOODS IMPORTED TOGETHER IN A SINGLE PACKAGE CONSTITUTE ' GOODS PUT UP IN SETS ' , IT SHOULD BE NOTED THAT THAT EXPRESSION IMPLIES THAT THE GOODS ARE CLOSELY LINKED FROM THE MARKETING POINT OF VIEW , WITH THE RESULT THAT THEY ARE NOT ONLY PRESENTED TOGETHER FOR CUSTOMS CLEARANCE BUT ARE ALSO NORMALLY SUPPLIED TOGETHER , AT THE VARIOUS MARKETING STAGES AND IN PARTICULAR THE RETAIL STAGE , IN A SINGLE PACKAGE IN ORDER TO SATISFY A DEMAND OR TO PERFORM A SPECIFIC FUNCTION .
36 MOREOVER , THE CLASSIFICATION OF DIFFERENT GOODS UNDER A SINGLE HEADING AS A SET WITHIN THE MEANING OF GENERAL RULE A 3 IS POSSIBLE ONLY WHERE THE CONDITIONS LAID DOWN BY THAT RULE ARE MET , THAT IS TO SAY WHERE GOODS ARE PRIMA FACIE CLASSIFIABLE UNDER TWO OR MORE HEADINGS AND THERE IS NO SPECIFIC HEADING TAKING PRECEDENCE OVER MORE GENERAL HEADINGS .
37 GENERAL RULE A 3 ( B ) THEREFORE APPLIES ONLY WHERE CLASSIFICATION IS NOT POSSIBLE UNDER GENERAL RULE A 3 ( A ), THAT IS TO SAY WHERE THERE IS NO SPECIFIC HEADING TAKING PRECEDENCE OVER MORE GENERAL HEADINGS .
Procuratore della repubblica v Tiziano Migliorini and Tibor Tiburzio Fischl.
Date: 1985-10-07
14 IN ORDER TO REPLY TO THE QUESTION PUT TO THE COURT IT MUST BE POINTED OUT IN THE FIRST PLACE THAT THE COURT HAS ALREADY STATED ON NUMEROUS OCCASIONS THAT THE ABOLITION OF RESTRICTIONS ON TRADE BETWEEN MEMBER STATES CONSTITUTES A FUNDAMENTAL PRINCIPLE OF THE COMMON MARKET APPLICABLE TO ALL GOODS , WITH THE RESULT THAT EXCEPTIONS , WHICH IN ANY EVENT MUST BE STRICTLY CONSTRUED , MUST BE CLEARLY LAID DOWN ( SEE THE JUDGMENT OF 20 APRIL 1978 IN JOINED CASES 80 AND 81/77 SOCIETE LES COMMISSIONNAIRES REUNIS SARL V RECEVEUR DES DOUANES ( 1978 ) ECR 927 AND THE CASES REFERRED TO THEREIN ).
Telefunken Fernseh und Rundfunk GmbH v Oberfinanzdirektion München.
Date: 1985-10-07
29 AS REGARDS THE QUESTION WHETHER THE TIMER/TUNER FORMS A ' FUNCTIONAL UNIT '  WITH THE VR 510 VIDEO RECORDER , IT SHOULD BE NOTED THAT , ACCORDING TO THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE ( NINTH PARAGRAPH RELATING TO NOTE 3 TO SECTION XVI ), A MACHINE OR APPLIANCE CONSTITUTES A FUNCTIONAL UNIT WHERE IT CONSISTS OF SEPARATE COMPONENTS WHICH ARE DESIGNED TO CONTRIBUTE TOGETHER TO A SINGLE CLEARLY DEFINED FUNCTION DESCRIBED BY ONE OF THE HEADINGS IN CHAPTER 84 OR , MORE FREQUENTLY , CHAPTER 85 .
31 CONSEQUENTLY , THE EXPLANATORY NOTES DO NOT COVER A PRODUCT SUCH AS THAT DESCRIBED BY THE NATIONAL COURT , SINCE ITS COMPONENTS INCLUDE A VIDEO RECORDER WHICH MAY BE USED INDEPENDENTLY OF THE TIMER/TUNER AND FOR FUNCTIONS OTHER THAN THOSE WHICH MAY BE PERFORMED BY THE TWO COMPONENTS TOGETHER . IT FOLLOWS THAT THE TIMER/TUNER CANNOT BE CLASSIFIED UNDER SUBHEADING 92.11 B OF THE CCT EITHER .
Erika Daiber v Hauptzollamt Reutlingen.
Date: 1985-10-10
13 AS THE COURT HAS REPEATEDLY HELD , THE DECISIVE CRITERION FOR THE CUSTOMS CLASSIFICATION OF GOODS MUST BE SOUGHT GENERALLY IN THEIR OBJECTIVE CHARACTERISTICS AND QUALITIES , AS DEFINED IN THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND IN THE NOTES TO THE SECTIONS OR CHAPTERS .
14 MOREOVER , FOR THE PURPOSE OF INTERPRETING THE COMMON CUSTOMS TARIFF THE COURT HAS CONSISTENTLY HELD THAT BOTH THE NOTES WHICH HEAD THE CHAPTERS OF THE COMMON CUSTOMS TARIFF AND THE EXPLANATORY NOTES TO THE NOMENCLATURE OF THE CUSTOMS COOPERATION COUNCIL ARE IMPORTANT MEANS FOR ENSURING THE UNIFORM APPLICATION OF THE TARIFF AND AS SUCH MAY BE REGARDED AS USEFUL AIDS TO ITS INTERPRETATION . FOR THE PURPOSE OF INTERPRETING THE ABOVEMENTIONED TARIFF HEADINGS IT IS THEREFORE NECESSARY TO TAKE ACCOUNT NOT ONLY OF THE WORDING AND SYSTEM OF THE COMMON CUSTOMS TARIFF BUT ALSO OF THE EXPLANATORY NOTES .
Collector Guns GmbH & Co. KG v Hauptzollamt Koblenz.
Date: 1985-10-10
10 AS THE COURT HAS REPEATEDLY HELD , THE DECISIVE CRITERION FOR THE CUSTOMS CLASSIFICATION OF GOODS MUST BE SOUGHT GENERALLY IN THEIR OBJECTIVE CHARACTERISTICS AND QUALITIES , AS DEFINED IN THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND IN THE NOTES TO THE SECTIONS OR CHAPTERS .
Riseria Modenese Srl v Council and Commission of the European Communities and Birra Peroni SpA.
Date: 1985-10-23
10 THE COURT POINTS OUT THAT , ACCORDING TO ARTICLE 41 OF THE STATUTE OF THE COURT OF JUSTICE , THE ADMISSIBILITY OF AN APPLICATION FOR REVISION IS CONDITIONAL ON THE EXISTENCE OF A FACT ( A ) ANTEDATING THE DELIVERY OF THE JUDGMENT , ( B ) UNKNOWN TO THE COURT AND TO THE APPLICANT AND ( C ) OF SUCH A NATURE AS TO BE A DECISIVE FACTOR IN THE RESOLUTION OF THE DISPUTE . THE STRICTNESS OF THOSE CONDITIONS IS DUE TO THE FACT THAT AN APPLICATION FOR REVISION IS NOT A MEANS OF APPEAL BUT AN EXCEPTIONAL REVIEW PROCEDURE WHICH MAY RENDER INAPPLICABLE THE PRINCIPLE OF RES JUDICATA .
Gerlach & Co. BV, Internationale Expeditie, v Minister van Economische Zaken.
Date: 1985-10-24
9 ARTICLE 232 ( 1 ) OF THE EEC TREATY PROVIDES AS FOLLOWS :
' THE PROVISIONS OF THIS TREATY SHALL NOT AFFECT THE PROVISIONS OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , IN PARTICULAR AS REGARDS THE RIGHTS AND OBLIGATIONS OF MEMBER STATES , THE POWERS OF THE INSTITUTIONS OF THAT COMMUNITY AND THE RULES LAID DOWN BY THAT TREATY FOR THE FUNCTIONING OF THE COMMON MARKET IN COAL AND STEEL . '
IT FOLLOWS THAT THE RULES OF THE ECSC TREATY AND ALL THE PROVISIONS ADOPTED TO IMPLEMENT THAT TREATY REMAIN IN FORCE AS REGARDS THE FUNCTIONING OF THE COMMON MARKET IN COAL AND STEEL , DESPITE THE ADOPTION OF THE EEC TREATY .
Commission of the European Communities v Italian Republic.
Date: 1985-11-06
7 ARTICLE 171 OF THE EEC TREATY DOES NOT LAY DOWN A TIME-LIMIT WITHIN WHICH A JUDGMENT MUST BE COMPLIED WITH . HOWEVER , IT IS WELL ESTABLISHED THAT THE IMPLEMENTATION OF A JUDGMENT MUST BE COMMENCED IMMEDIATELY AND MUST BE COMPLETED AS SOON AS POSSIBLE . IN THE PRESENT CASE , THERE HAS BEEN UNREASONABLE DELAY .
Stanley George Adams v Commission of the European Communities.
Date: 1985-11-07
44 IL CONVIENT DONC DE CONCLURE QU ' EN OMETTANT DE FAIRE TOUTE DILIGENCE POUR TRANSMETTRE AU REQUERANT LES INFORMATIONS DONT ELLE DISPOSAIT A LA SUITE DE LA VISITE DE ME ALDER DU 8 NOVEMBRE 1974 , BIEN QU ' UNE TELLE TRANSMISSION AIT ETE SUSCEPTIBLE DE PREVENIR OU , DU MOINS , DE LIMITER LE PREJUDICE POUVANT RESULTER DE L ' IDENTIFICATION DU REQUERANT A TRAVERS DES DOCUMENTS QU ' ELLE AVAIT REMIS A ROCHE , LA COMMISSION A ENGAGE SA RESPONSABILITE ENVERS LE REQUERANT A RAISON DUDIT PREJUDICE .

B ) SUR LE DEVOIR DE CONSEILLER LE REQUERANT EN CE QUI CONCERNE LA CONVENTION DE SAUVEGARDE DES DROITS DE L ' HOMME
50 SELON L ' ARTICLE 43 DU STATUT DE LA COUR , '  LES ACTIONS CONTRE LA COMMUNAUTE EN MATIERE DE RESPONSABILITE NON CONTRACTUELLE SE PRESCRIVENT PAR CINQ ANS A COMPTER DE LA SURVENANCE DU FAIT QUI Y DONNE LIEU ' . IL CONVIENT D ' INTERPRETER CETTE DISPOSITION EN CE SENS QUE LA PRESCRIPTION NE SAURAIT ETRE OPPOSEE A LA VICTIME D ' UN DOMMAGE QUI N ' AURAIT PU PRENDRE CONNAISSANCE DU FAIT GENERATEUR DE CE DOMMAGE QU ' A UNE DATE TARDIVE , ET N ' AURAIT PU DISPOSER AINSI D ' UN DELAI RAISONNABLE POUR PRESENTER SA REQUETE OU SA DEMANDE AVANT L ' EXPIRATION DU DELAI DE PRESCRIPTION .
Krupp Stahl AG v Commission of the European Communities.
Date: 1985-11-12
37 IT SHOULD BE BORNE IN MIND THAT IN DETERMINING THE FINE ACCOUNT MAY BE TAKEN BOTH OF THE OVERALL TURNOVER OF THE UNDERTAKING , WHICH GIVES SOME INDICATION , HOWEVER APPROXIMATE AND IMPERFECT IT MAY BE , OF THE SIZE AND ECONOMIC STRENGTH OF THAT UNDERTAKING , AND OF THE PART OF THAT TURNOVER REPRESENTED BY THE GOODS CONCERNED IN THE INFRINGEMENT WHICH THEREFORE SERVES TO PROVIDE AN INDICATION OF THE EXTENT OF THAT INFRINGEMENT . CONSEQUENTLY , NEITHER ONE OR THE OTHER OF THOSE FIGURES SHOULD BE GIVEN TOO MUCH WEIGHT COMPARED WITH THE OTHER FACTORS RELEVANT TO AN ASSESSMENT AND THE DETERMINATION OF AN APPROPRIATE FINE CANNOT BE THE RESULT OF A SIMPLE CALCULATION ON THE BASIS OF OVERALL TURNOVER . THE COURT MUST TAKE ACCOUNT OF THOSE CONSIDERATIONS IN ASSESSING , IN THE EXERCISE OF ITS UNLIMITED JURISDICTION , THE SERIOUSNESS OF THE INFRINGEMENTS AT ISSUE .
Firma Karl-Heinz Neumann v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1985-11-14
24 IN BALKAN-IMPORT-EXPORT THE COURT RULED THAT A NATIONAL ADMINISTRATION WAS NOT ENTITLED TO APPLY NATIONAL LAW TO AN APPLICATION FOR A REMISSION ON EQUITABLE GROUNDS OF CHARGES DUE UNDER COMMUNITY LAW IF THIS WOULD ALTER THE EFFECT OF THE COMMUNITY RULES GOVERNING THE BASIS AND CONDITIONS OF ASSESSMENT OR THE AMOUNT OF THE CHARGE IN QUESTION ; THERE WAS NO LEGAL BASIS IN COMMUNITY LAW FOR REMITTING CHARGES ON EQUITABLE GROUNDS . THE FIRST RULING WAS BASED IN PARTICULAR ON CONSIDERATIONS REGARDING THE DIVISION OF POWERS BETWEEN THE COMMUNITY AND THE MEMBER STATES .
33 IT FOLLOWS THAT IN CIRCUMSTANCES SUCH AS THOSE DESCRIBED IN THE ORDER FOR REFERENCE THE PRINCIPLE OF PROPORTIONALITY RECOGNIZED IN COMMUNITY LAW CANNOT PROVIDE ANY SOLUTION TO THE DISPUTE PENDING BEFORE THE VERWALTUNGSGERICHT . IN ORDER TO ANSWER THE SECOND QUESTION REFERRED TO THE COURT IT IS THEREFORE SUFFICIENT TO STATE THAT IN COMMUNITY LAW THERE IS NO GENERAL LEGAL PRINCIPLE THAT A COMMUNITY PROVISION THAT IS IN FORCE MAY NOT BE APPLIED BY A COMMUNITY LAW IF IT CAUSES THE PERSON CONCERNED HARDSHIP WHICH THE COMMUNITY LEGISLATURE WOULD CLEARLY HAVE SOUGHT TO AVOID IF IT HAD ENVISAGED THAT EVENTUALITY WHEN ENACTING THAT PROVISION . A NATIONAL COURT WHICH CONSIDERS THAT THERE IS SUCH A CASE OF HARDSHIP IS , HOWEVER , ALWAYS AT LIBERTY TO REFER TO THE COURT FOR A PRELIMINARY RULING ANY QUESTION ON THE INTERPRETATION AND THE VALIDITY OF THE COMMUNITY MEASURE CONCERNED , THE ANSWER TO WHICH IT CONSIDERS NECESSARY TO ENABLE IT TO GIVE JUDGMENT .
Criminal proceedings against Miro BV.
Date: 1985-11-26
22 THE COURT WOULD FIRST DRAW ATTENTION TO ITS ESTABLISHED CASE-LAW ( SEE ITS JUDGMENTS OF 20 FEBRUARY 1975 IN CASE 12/74 COMMISSION V GERMANY ( 1975 ) ECR 181 AND 9 FEBRUARY 1981 IN CASE 193/80 COMMISSION V ITALY ( 1981 ) ECR 3019 ) ACCORDING TO WHICH IT WOULD NOT BE COMPATIBLE WITH ARTICLE 30 OF THE TREATY AND THE OBJECTIVES OF A COMMON MARKET FOR NATIONAL LEGISLATION TO BE ALLOWED TO RESTRICT A GENERIC TERM TO ONE NATIONAL VARIETY ALONE TO THE DETRIMENT OF OTHER VARIETIES PRODUCED , PARTICULARLY IN OTHER MEMBER STATES , BY COMPELLING THE PRODUCERS OF THE OTHER VARIETIES TO USE APPELLATIONS WHICH ARE UNFAMILIAR TO OR LESS ESTEEMED BY THE CONSUMER .
Cockerill - Sambre SA v Commission of the European Communities.
Date: 1985-11-26
10 AS THE COURT DECIDED IN ITS JUDGMENT OF 12 JULY 1984 ( CASE 209/83 FERRIERA VALSABBIA V COMMISSION ( 1984 ) ECR 3089 ), THE STRICT APPLICATION OF COMMUNITY RULES ON PROCEDURAL TIME-LIMITS SERVES THE REQUIREMENT OF LEGAL CERTAINTY AND THE NEED TO AVOID ANY DISCRIMINATION OR ARBITRARY TREATMENT IN THE ADMINISTRATION OF JUSTICE . IT IS ALSO SETTLED CASE-LAW THAT THE EXISTENCE OF VALID NOTICE IS IN NO WAY SUBJECT TO EFFECTIVE KNOWLEDGE ACTUALLY BEING ACQUIRED BY THE PERSON WHO , ACCORDING TO THE INTERNAL RULES OF THE UNDERTAKING TO WHICH THE DECISION IS ADDRESSED , IS COMPETENT TO DEAL WITH THE MATTER AND THAT A DECISION IS DULY NOTIFIED ONCE IT HAS BEEN COMMUNICATED TO THE PERSON TO WHOM IT IS ADDRESSED AND THE LATTER IS IN A POSITION TO TAKE COGNIZANCE OF IT .
SA Rousseau Wilmot v Caisse de compensation de l'Organisation autonome nationale de l'industrie et du commerce (Organic).
Date: 1985-11-27
15 BY VIRTUE OF ARTICLE 2 OF THE FIRST DIRECTIVE THE PRINCIPLE OF THE COMMON SYSTEM OF VALUE-ADDED TAX CONSISTS IN THE APPLICATION TO GOODS AND SERVICES UP TO AND INCLUDING THE RETAIL STAGE OF A GENERAL TAX ON CONSUMPTION WHICH IS EXACTLY PROPORTIONAL TO THE PRICE OF THE GOODS AND SERVICES , IRRESPECTIVE OF THE NUMBER OF TRANSACTIONS WHICH TAKE PLACE IN THE PRODUCTION AND DISTRIBUTION PROCESS BEFORE THE STAGE AT WHICH THE TAX IS CHARGED . HOWEVER , VALUE-ADDED TAX IS CHARGEABLE ON EACH TRANSACTION ONLY AFTER DEDUCTION OF THE AMOUNT OF VALUE-ADDED TAX BORNE DIRECTLY BY THE COSTS OF THE VARIOUS PRICE COMPONENTS . THE PROCEDURE FOR DEDUCTION IS SO ARRANGED BY ARTICLE 17 ( 2 ) OF THE SIXTH DIRECTIVE THAT TAXABLE PERSONS ARE AUTHORIZED TO DEDUCT FROM THE VALUE-ADDED TAX FOR WHICH THEY ARE LIABLE THE VALUE-ADDED TAX WHICH THE GOODS HAVE ALREADY BORNE .
16 IN LEAVING THE MEMBER STATES FREE TO MAINTAIN OR INTRODUCE CERTAIN INDIRECT TAXES SUCH AS EXCISE DUTIES ON THE CONDITION THAT THEY ARE NOT TAXES WHICH CAN BE ' CHARAC TERIZED AS TURNOVER TAXES ' , ARTICLE 33 OF THE SIXTH DIRECTIVE SEEKS TO PREVENT THE FUNCTIONING OF THE COMMON SYSTEM OF VALUE-ADDED TAX FROM BEING COMPROMISED BY FISCAL MEASURES OF A MEMBER STATE LEVIED ON THE MOVEMENT OF GOODS AND SERVICES AND CHARGED ON COMMERCIAL TRANSACTIONS IN A WAY COMPARABLE TO VALUE-ADDED TAX . THE PURPOSE OF THAT PROVISION CANNOT THEREFORE BE TO PROHIBIT THE MEMBER STATES FROM MAINTAINING OR INTRODUCING DUTIES OR CHARGES WHICH ARE NOT FISCAL BUT HAVE BEEN INTRODUCED SPECIFICALLY IN ORDER TO FINANCE SOCIAL FUNDS AND WHICH ARE BASED ON THE ACTIVITY OF UNDERTAKINGS OR CERTAIN CATEGORIES OF UNDERTAKINGS AND CALCULATED ON THE BASIS OF THE TOTAL ANNUAL TURNOVER WITHOUT DIRECTLY AFFECTING THE PRICE OF GOODS OR SERVICES .
Direktoratet for Markedsordningerne v SA Nicolas Corman et fils.
Date: 1985-12-05
19 IT IS CLEAR FROM ARTICLE 10 ( 5 ) OF THE REGULATION , WHICH PROVIDES THAT ' THE RIGHTS AND OBLIGATIONS ARISING IN CONNECTION WITH THE INVITATION TO TENDER ARE NOT TRANSFERABLE ' , AS INTERPRETED BY THE COURT IN ITS JUDGMENT OF 3 JULY 1985 IN CASE 20/84 ( DE JONG VERENIGDE NV AND ANOTHER V VOEDSELVOORZIENINGS IN- EN VERKOOPBUREAU ( 1985 ) ECR 2061 ), THAT THE SUCCESSFUL TENDERER REMAINS RESPONSIBLE FOR THE USE TO WHICH THE BUTTER IS FINALLY PUT AND THAT HE MUST ANSWER FOR THE CONDUCT OF SUBSEQUENT BUYERS .
20 THAT OBLIGATION REMAINS INCUMBENT ON THE SUCCESSFUL TENDERER EVEN IF HE HAS SOLD THE BUTTER . SANCTIONS , INCLUDING THE LOSS OF THE PROCESSING SECURITY , ARE ATTACHED TO THAT OBLIGATION , WHICH MEANS THAT HE MUST IN HIS OWN INTERESTS BE VIGILANT TO ENSURE THAT HIS UNDERTAKING REGARDING THE FINAL USE TO WHICH THE BUTTER IS PUT IS COMPLIED WITH . TO THAT END ARTICLE 6 ( 1 ) ( F ) OF THE REGULATION STATES THAT AT EACH SUBSEQUENT SALE OF THE PRODUCT THE SUCCESSFUL TENDERER MUST ENSURE THAT THE OBLIGATION TO PROCESS THE BUTTER INTO PASTRY PRODUCTS OR ICE-CREAM IS LAID DOWN . THE CHECKS WHICH THE SUCCESSFUL TENDERER MAY THEN CARRY OUT TO ASCERTAIN WHETHER THAT OBLIGATION HAS BEEN COMPLIED WITH ARE IN HIS INTERESTS ALONE AND DO NOT AFFECT HIS LIABILITY TOWARDS THE SELLING AGENCY .
44 THE ANSWER TO THE EIGHTH QUESTION MUST THEREFORE BE THAT AN ACTION AGAINST THE SUCCESSFUL TENDERER FOR FAILURE TO FULFIL HIS OBLIGATIONS IS NOT BARRED BY APPLICATION OF THE PRINCIPLE OF LEGAL CERTAINTY ONCE THE SECURITY HAS BEEN RELEASED .

THE NINTH QUESTION
Stichting Sigarettenindustrie and others v Commission of the European Communities.
Date: 1985-12-10
24 IT MUST FIRST BE POINTED OUT THAT THE EXCISE DUTY LAW DOES NOT DEPRIVE MANUFACTURERS OF THEIR FREEDOM TO SET RETAIL PRICES , SINCE THE OBLIGATION UNDER ARTICLE 30 OF THE EXCISE DUTY LAW TO COMPLY WITH THE PRICE INDICATED ON THE TAX STAMP APPLIES ONLY TO RETAILERS .
27 AN ANALYSIS OF THE NETHERLANDS REGULATION ON PRICES , THE PRICES ORDER , DOES NOT DISCLOSE ANY GROUNDS FOR ALTERING THAT CONCLUSION . IN ORDER TO PREVENT MANUFACTURERS AND IMPORTERS FROM APPLYING PRICES WHICH ARE TOO HIGH IN RELATION TO THEIR COSTS , ARTICLE 2 OF THE PRICES ORDER FORBIDS THE SALE OF GOODS AT A PRICE HIGHER THAN A FIXED MAXIMUM . THAT RULE DOES NOT HOWEVER PROHIBIT THEM FROM SELLING THEIR PRODUCTS AT A PRICE LOWER THAN THAT MAXIMUM .
28 FURTHERMORE , IN THE COURSE OF THE ORAL ARGUMENT BEFORE THE COURT IT BECAME CLEAR THAT A MANUFACTURER MAY DECIDE NOT TO INCREASE HIS PRICES IMMEDIATELY BY THE AMOUNT AUTHORIZED . BY MAINTAINING HIS PRICES UNCHANGED THAT MANUFACTURER MAY THUS COMPETE WITH FIRMS WHICH HAVE DECIDED TO INCREASE THEIRS .
29 IT MUST THEREFORE BE CONCLUDED FROM THE FOREGOING THAT , ALTHOUGH THE NETHERLANDS LEGISLATION GIVES THE TOBACCO MANUFACTURER LESS SCOPE FOR PRICE COMPETITION , IT DOES LEAVE HIM THE MEANS OF CREATING A PRICE DIFFERENCE BETWEEN HIS PRODUCTS AND THOSE OF HIS COMPETITORS , BY REDUCING HIS PRICES OR BY HOLDING THEM AT THE SAME LEVEL WHILE OTHER MANUFACTURERS INCREASE THEIRS .
67 THE APPLICANTS ASSERT THAT THEY BELIEVED IN GOOD FAITH THAT THE NOTIFICATION OF THE 1976 SSI MASTER AGREEMENT AMOUNTED TO NOTIFICATION OF THE 1978 PRICE AGREEMENT , WHICH MERELY IMPLEMENTED THE FIRST AGREEMENT .
76 FINALLY , IT MUST BE EMPHASIZED THAT THE POSSIBILITY OF NOTIFYING AGREEMENTS COVERED BY ARTICLE 4 ( 2 ) MUST ALSO BE GIVEN A PURPOSE , WHICH CAN BE THE CASE ONLY IF UNDERTAKINGS WHICH DO SO OBTAIN BENEFITS IN RETURN . APART FROM THE FACT THAT UNDERTAKINGS CONCERNED MAY THUS ASCERTAIN WHETHER IT WILL BE POSSIBLE TO OBTAIN EXEMPTION WITHOUT HAVING TO WAIT FOR AN INVESTIGATION TO BE CARRIED OUT , THAT BENEFIT CAN ONLY LIE IN THE FACT THAT BY TAKING ADVANTAGE OF THE PROHIBITION IMPOSED ON THE COMMISSION BY ARTICLE 15 ( 5 ) ( A ) OF REGULATION NO 17 THEY CAN MAKE THEMSELVES IMMUNE FROM FINES . IT IS UNDERSTANDABLE THAT THE COMMUNITY LEGISLATURE SHOULD HAVE WISHED TO RESERVE THAT BENEFIT FOR UNDERTAKINGS WHICH NOTIFY THEIR AGREEMENTS , SINCE BY DIVULGING THEM THEY RUN THE RISK OF BEING OBLIGED TO TERMINATE THEM AND AT THE SAME TIME CORRESPONDINGLY REDUCE THE COMMISSION ' S INVESTIGATION WORKLOAD .
Criminal proceedings against Léon Motte.
Date: 1985-12-10
25 IN REPLY TO THE QUESTION REFERRED TO THE COURT BY THE COUR D ' APPEL , BRUSSELS , IT MUST THEREFORE BE STATED THAT :
AS COMMUNITY LAW NOW STANDS , THE PROVISIONS OF THE EEC TREATY CONCERNING THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY DO NOT PRECLUDE NATIONAL PROVISIONS WHICH REQUIRE , IN RESPECT OF FOODSTUFFS TO WHICH A COLOURANT HAS BEEN ADDED , EVEN WHERE SUCH FOODSTUFFS ARE IMPORTED FROM ANOTHER MEMBER STATE IN WHICH THEY ARE LAWFULLY MARKETED , THAT THE USE OF THAT COLOURANT FOR THAT TYPE OF FOODSTUFF BE ENTERED ON A NATIONAL POSITIVE LIST AND THAT ANY APPLICATION FOR SUCH AN ENTRY MUST BE REFERRED TO A COMMITTEE OF EXPERTS IN ORDER TO OBTAIN AN OPINION ON THE HARMFULNESS OF THE ADDITIVE , THE DEGREE OF THE HUMAN ORGANISM ' S TOLERANCE OF IT AND THE NECESSITY , VALUE AND SUITABILITY OF ITS USE .

HOWEVER , IN APPLYING SUCH PROVISIONS TO PRODUCTS IMPORTED FROM ANOTHER MEMBER STATE IN WHICH THEY WERE LAWFULLY MARKETED THE NATIONAL AUTHORITIES MUST AUTHORIZE THE COLOURING OF THE FOODSTUFF IF , HAVING REGARD TO THE EATING HABITS PREVAILING IN THE IMPORTING MEMBER STATE , IT CORRESPONDS TO A REAL NEED , AND IN THEIR APPRAISAL OF THE GENERAL HEALTH RISK WHICH A COLOURING MATTER ACTUALLY USED MAY REPRESENT , THOSE AUTHORITIES MUST TAKE INTO ACCOUNT THE RESULTS OF INTERNATIONAL SCIENTIFIC RESEARCH , AND IN PARTICULAR THE WORK OF THE COMMUNITY ' S SCIENTIFIC COMMITTEE FOR FOOD .
ETA Fabriques d'Ébauches v SA DK Investment and others.
Date: 1985-12-10
11 THE RESTRICTION OF THE GUARANTEE TO PRODUCTS SOLD THROUGH AUTHORIZED DEALERS MUST BE VIEWED IN THAT CONTEXT AND MUST BE APPRAISED BY REFERENCE TO THE DISTORTION OF COMPETITION WHICH IS ITS OBJECT OR EFFECT . AS THE COURT STATED IN ITS JUDGMENT OF 10 JULY 1980 ( CASE 99/79 LANCOME V ETOS ( 1980 ) ECR 2511 ) AND 11 DECEMBER 1980 ( CASE 31/80 L ' OREAL V DE NIEUWE AMCK ( 1980 ) ECR 3775 ), IT IS NECESSARY TO CONSIDER COMPETITION WITHIN THE ACTUAL CONTEXT IN WHICH IT WOULD OCCUR IN THE ABSENCE OF THE AGREEMENT OR CLAUSE IN DISPUTE .
12 THE CRUCIAL ELEMENT TO BE TAKEN INTO CONSIDERATION IN THAT RESPECT IS THE ACTUAL OR POTENTIAL EFFECT OF WITHHOLDING THE GUARANTEE ON THE COMPETITIVE POSITION OF PARALLEL DISTRIBUTORS . IN THAT CONNECTION IT IS NECESSARY TO CONSIDER WHETHER PARALLEL IMPORTS MAY BE HINDERED , OR WHETHER OPPORTUNITIES FOR MARKETING SUCH PRODUCTS MAY BE RESTRICTED , REGARD BEING HAD IN PARTICULAR TO THE REACTION OF CONSUMERS AND TO THE IMPORTANCE OF THE GUARANTEE AS AN INCENTIVE TO BUY THE PRODUCTS .
Commune de Hillegom v Cornelis Hillenius.
Date: 1985-12-11
27 IF THE MONITORING OF BANKS THROUGH SUPERVISION WITHIN A MEMBER STATE AND THE EXCHANGING OF INFORMATION BY THE COMPETENT AUTHORITIES IS TO FUNCTION PROPERLY , IT IS NECESSARY TO PROTECT PROFESSIONAL SECRECY . THE DISCLOSURE OF CONFIDENTIAL INFORMATION FOR WHATEVER PURPOSE MIGHT HAVE DAMAGING CONSEQUENCES NOT ONLY FOR THE CREDIT INSTITUTION DIRECTLY CONCERNED BUT ALSO FOR THE BANKING SYSTEM IN GENERAL . CONSEQUENTLY , IF THERE WAS NO DUTY TO KEEP CONFIDENTIAL INFORMATION SECRET , THE OBLIGATORY EXCHANGE OF INFORMATION BETWEEN THE COMPETENT AUTHORITIES MIGHT BE JEOPARDIZED BECAUSE THE AUTHORITY OF A MEMBER STATE COULD NOT BE SURE THAT THE CONFIDENTIAL INFORMATION IT PROVIDES TO AN AUTHORITY IN ANOTHER MEMBER STATE WILL IN PRINCIPLE REMAIN CONFIDENTIAL .
Commission of the European Communities v Hellenic Republic.
Date: 1985-12-11
19 AS FAR AS THE ALLEGED INFRINGEMENT OF ARTICLE 5 OF THE TREATY IS CONCERNED , IT SHOULD BE STRESSED THAT THE ARTICLE PLACES MEMBER STATES UNDER AN OBLIGATION TO FACILITATE THE ACHIEVEMENT OF THE TASKS WHICH THE FIRST INDENT OF ARTICLE 155 ASSIGNED TO THE COMMISSION , NAMELY TO ENSURE THAT THE PROVISIONS OF THE TREATY AND THE MEASURES TAKEN BY THE INSTITUTIONS PURSUANT THERETO ARE APPLIED . MEMBER STATES ARE THEREFORE REQUIRED TO COOPERATE BONA FIDE IN ANY INQUIRY UNDERTAKEN BY THE COMMISSION UNDER ARTICLE 169 , AND TO SUPPLY THE COMMISSION WITH ALL THE INFORMATION REQUESTED TO THAT END . IN THIS CASE IT SHOULD BE OBSERVED THAT THE PRE-LITIGATION PROCEDURE DISCLOSES MISUNDERSTANDINGS , SOME OF WHICH COULD HAVE BEEN AVOIDED IF THE GREEK GOVERNMENT HAD SUPPLIED THE COMMISSION WITH MORE INFORMATION .
Sideradria SpA v Commission of the European Communities.
Date: 1985-12-12
21 THE APPLICANT ' S FINAL SUBMISSION MUST ALSO BE REJECTED SINCE IT IS WRONGLY BASED ON THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS . THAT PRINCIPLE MAY NOT BE RELIED UPON BY AN UNDERTAKING WHICH HAS COMMITTED A MANIFEST INFRINGEMENT OF THE RULES IN FORCE . IT MUST BE ADDED THAT , IN THIS CASE , THE PRELIMINARY INVESTIGATION INVOLVED DISCUSSIONS . THE APPLICANT MUST NECESSARILY HAVE REALIZED THAT A FINE WOULD BE IMPOSED ON IT .

AMOUNT OF THE FINE