larimo/cjeu-paragraph-retrieval huggingface dataset:
Verband der Sachversicherer e.V. v Commission of the European Communities.
Date: 1987-01-27
29 IN THAT CONNECTION ACCOUNT MUST BE TAKEN OF VARIOUS FACTORS . IN THE FIRST PLACE IT IS COMMON GROUND THAT THE INSURERS WHO ARE MEMBERS OF THE VERBAND DER SACHVERSICHERER HAD A COMMON INTEREST IN PUTTING THE MARKET ON A VIABLE FOOTING BY MEANS OF AN INCREASE IN PREMIUMS WHICH HAD FALLEN CONSIDERABLY BETWEEN 1973 AND 1980 IN THE INDUSTRIAL FIRE INSURANCE SECTOR, WHEREAS THE LOSS RATIO AND INSURERS' EXPENSES HAD NOT VARIED APPRECIABLY DURING THE SAME PERIOD . THE CONTESTED DECISION, WHICH WAS NOT DISPUTED ON THIS POINT, STATED THAT INSURANCE COMPANIES DID NOT RESPOND INDIVIDUALLY TO THAT NEGATIVE TREND BY RAISING PREMIUM RATES BECAUSE IT WAS THEIR PRACTICE, AS COMPOSITE INSURERS OR THROUGH SISTER COMPANIES CONNECTED WITH THE SAME GROUP, TO DO BUSINESS IN SEVERAL CLASSES OF COMMERCIAL INSURANCE; THEY THEREFORE ATTEMPTED TO WIN SUBSTANTIAL BUSINESS IN OTHER CLASSES BY CHARGING THEIR COMMERCIAL CUSTOMERS FIRE-INSURANCE PREMIUMS WHICH WERE INSUFFICIENT TO COVER THEIR EXPENSES .
32 IN VIEW OF THOSE FACTORS IT MUST BE STATED THAT THE RECOMMENDATION, REGARDLESS OF WHAT ITS PRECISE LEGAL STATUS MAY BE, CONSTITUTED THE FAITHFUL REFLECTION OF THE APPLICANT' S RESOLVE TO COORDINATE THE CONDUCT OF ITS MEMBERS ON THE GERMAN INSURANCE MARKET IN ACCORDANCE WITH THE TERMS OF THE RECOMMENDATION . IT MUST THEREFORE BE CONCLUDED THAT IT AMOUNTS TO A DECISION OF AN ASSOCIATION OF UNDERTAKINGS WITHIN THE MEANING OF ARTICLE 85 ( 1 ) OF THE EEC TREATY .
Georges Cladakis v Commission of the European Communities.
Date: 1987-02-04
11 IN THAT CONNECTION IT IS APPROPRIATE TO REFER TO THE ESTABLISHED CASE-LAW OF THE COURT, MOST RECENTLY CONFIRMED BY THE JUDGMENT OF 15*JANUARY 1987 ( MISSET V COUNCIL, CITED ABOVE ), ACCORDING TO WHICH 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 . ACCORDINGLY, THERE CAN BE NO DEROGATION FROM THOSE RULES UNLESS THERE IS A QUITE EXCEPTIONAL CASE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE, AS REQUIRED BY THE SECOND PARAGRAPH OF ARTICLE 42 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC .
Yves Bouteiller v Commission of the European Communities.
Date: 1987-02-04
6 IN THAT REGARD IT MUST FIRST BE STRESSED THAT, IN ASSESSING THE INTERESTS OF THE SERVICE AND THE QUALIFICATIONS AND MERITS OF THE CANDIDATES TO BE TAKEN INTO CONSIDERATION IN MAKING A PROMOTION DECISION PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS, THE APPOINTING AUTHORITY POSSESSES A WIDE DISCRETION, AND IN THAT CONNECTION THE COURT' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER, HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE QUALIFICATIONS AND MERITS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY .
Denkavit België NV v Belgian State.
Date: 1987-02-05
13 IT SHOULD FIRST BE NOTED THAT THE COMPLEXITY OF COMMUNITY LEGISLATION WHICH A MEMBER STATE HAS TAKEN PART IN DRAFTING CANNOT BE CONSIDERED AN UNUSUAL AND UNFORESEEABLE DIFFICULTY WHICH THE AUTHORITIES IN THAT STATE COULD NOT HAVE OVERCOME EVEN BY EXERCISING ALL DUE CARE . IN THAT CONNECTION IT SHOULD BE NOTED THAT, IN ORDER TO FACILITATE THE TASK OF THE COMPETENT AUTHORITIES, ARTICLE 6 OF THE CONTESTED REGULATION PROVIDES THAT "THE PERSON CONCERNED SHALL DECLARE ... ALL SUCH PARTICULARS AS ARE NECESSARY FOR DETERMINING THE MONETARY COMPENSATORY AMOUNT" AND, IN PARTICULAR, "IN SO FAR AS IT IS NECESSARY FOR DETERMINING THE MONETARY COMPENSATORY AMOUNT, PARTICULARS OF THE COMPOSITION OF THE PRODUCTS ".
16 LASTLY, THE BELGIAN STATE CONSIDERS THAT IT MAY PLEAD FORCE MAJEURE ON THE GROUND THAT THE NUMBER OF STAFF AVAILABLE COULD NOT BE ADJUSTED TO MEET THE INCREASE IN THE NUMBER OF REQUESTS FOR MONETARY COMPENSATORY AMOUNTS OWING TO STATUTORY BUDGETARY RESTRICTIONS . IT MUST BE NOTED THAT FORCE MAJEURE PRESUPPOSES AN EVENT WHICH IS OUTSIDE THE CONTROL OF THE PARTY BY WHOM IT IS PLEADED . THE LACK OF STAFF AS A RESULT OF STATUTORY BUDGETARY RESTRICTIONS IS AN ELEMENT ATTRIBUTABLE TO THE BELGIAN STATE ITSELF AND IS THEREFORE HARDLY OUTSIDE ITS CONTROL .
Hauptzollamt Hamburg-Jonas v Plange Kraftfutterwerke GmbH & Co.
Date: 1987-02-05
10 IT SHOULD FIRST BE NOTED THAT ARTICLE 6 ( 5 ) OF REGULATION NO 1957/69 REQUIRES THE EXPORTER TO REPAY THE AMOUNT OF THE REFUND PAID, PLUS ANY INCREASE, IF THE NECESSARY EVIDENCE IS NOT FURNISHED . THE PROVISION ADDS THAT IN SUCH A CASE, "IF REPAYMENT HAS BEEN CLAIMED BUT IS NOT RECEIVED", THE DEPOSIT WHICH WAS LODGED IS TO BE FORFEITED . CONSEQUENTLY, THE OBLIGATION TO REPAY THE REFUND IS NOT AFFECTED BY THE FACT THAT THE COMPETENT AUTHORITIES HAVE ALREADY RELEASED THE DEPOSIT, SINCE THE PURPOSE OF THAT DEPOSIT IS SOLELY TO ENSURE THAT THE TRADER RECEIVING THE REFUND HONOURS HIS UNDERTAKINGS .
14 IT CAN BE SEEN FROM THE PREAMBLE TO REGULATION NO 1957/69 THAT THE 20% SUPPLEMENT WAS LAID DOWN IN ORDER TO PREVENT THE EXPORTER CONCERNED OBTAINING UNDUE BENEFIT . UNDER THE ARRANGEMENTS FOR ADVANCE PAYMENT TRADERS WOULD OBTAIN UNDUE INTEREST-FREE CREDIT IF IT SUBSEQUENTLY EMERGED THAT THE REFUND SHOULD NOT HAVE BEEN GRANTED .
F v Commission of the European Communities.
Date: 1987-02-05
26 IN THAT REGARD, IT MUST BE STRESSED THAT THE PROVISIONS OF THE STAFF REGULATIONS ON DISCIPLINARY MEASURES ( ARTICLES 86 TO 89 ) DO NOT SPECIFY ANY FIXED RELATIONSHIP BETWEEN THE MEASURES PROVIDED FOR AND THE VARIOUS SORTS OF FAILURE BY OFFICIALS TO COMPLY WITH THEIR OBLIGATIONS; NOR DO THEY STATE THE EXTENT TO WHICH THE EXISTENCE OF AGGRAVATING OR MITIGATING CIRCUMSTANCES SHOULD AFFECT THE CHOICE OF PENALTY . THE DETERMINATION OF THE PENALTY TO BE IMPOSED IN EACH INDIVIDUAL CASE IS THEREFORE BASED ON A COMPREHENSIVE APPRAISAL OF ALL THE PARTICULAR FACTS AND CIRCUMSTANCES PECULIAR TO THE CASE .
Anna Bonino v Commission of the European Communities.
Date: 1987-02-12
11 IN THAT REGARD, IT MUST BE POINTED OUT THAT ARTICLE 26 OF THE STAFF REGULATIONS OF OFFICIALS PROVIDES THAT THE PERSONAL FILE OF AN OFFICIAL IS TO CONTAIN "ALL REPORTS RELATING TO HIS ABILITY, EFFICIENCY AND CONDUCT" AND "ANY COMMENTS BY THE OFFICIAL ON SUCH DOCUMENTS" AND THAT, ACCORDING TO ARTICLE 43 OF THE SAME REGULATIONS, THE PERIODICAL REPORT ON THE ABILITY, EFFICIENCY AND CONDUCT IN THE SERVICE OF EACH OFFICIAL IS TO BE COMMUNICATED TO THE OFFICIAL, WHO IS "ENTITLED TO MAKE ANY COMMENTS THEREON WHICH HE CONSIDERS RELEVANT ". AS THE COURT HELD IN ITS JUDGMENT OF 28 JUNE 1972 ( CASE 88/71 BRASSEUR V EUROPEAN PARLIAMENT (( 1972 )) ECR 499 ), THE PURPOSE OF THOSE PROVISIONS IS TO GUARANTEE AN OFFICIAL' S RIGHT OF DEFENCE BY ENSURING THAT DECISIONS TAKEN BY THE APPOINTING AUTHORITY AFFECTING HIS ADMINISTRATIVE STATUS AND HIS CAREER ARE NOT BASED ON MATTERS CONCERNING HIS CONDUCT WHICH ARE NOT INCLUDED IN HIS PERSONAL FILE . THE CONSEQUENCE OF THOSE PROVISIONS IS THAT A DECISION BASED ON SUCH MATTERS IS CONTRARY TO THE GUARANTEES CONTAINED IN THE STAFF REGULATIONS AND MUST BE ANNULLED BECAUSE IT WAS ADOPTED ON THE BASIS OF A PROCEDURE VITIATED BY ILLEGALITY ( SEE THE JUDGMENT OF 3 FEBRUARY 1971 IN CASE 21/70 RITTWEGER V COMMISSION (( 1971 )) ECR 7 ).
13 HOWEVER, IT WAS CONTRARY TO ARTICLES 26 AND 43 OF THE STAFF REGULATIONS FOR THE REPORT ON MRS BONINO' S TRIAL PERIOD TO BE INCLUDED IN THE SAME MEMORANDUM AS THE COMPARATIVE ASSESSMENT OF THE TWO CANDIDATURES WITHOUT THAT REPORT BEING PLACED ON MRS BONINO' S PERSONAL FILE AND WITHOUT HER HAVING AN OPPORTUNITY TO COMMENT THEREON . SINCE THE APPOINTING AUTHORITY HAD NO OTHER DOCUMENT ON ITS FILE TO SUBSTANTIATE ITS ASSESSMENT THAT MR TUTZSCHKY WAS THE MOST SUITABLE CANDIDATE, THE REPORT ON MRS BONINO' S TRIAL PERIOD, CONTAINED IN THE MEMORANDUM IN QUESTION, HAD A DECISIVE INFLUENCE ON THE CONTESTED DECISION .
Criminal proceedings against Arthur Mathot.
Date: 1987-02-18
3 THE NATIONAL COURT FOUND THAT UNDER BELGIAN LAW THERE IS AN OBLIGATION IN REGARD TO BUTTER PRODUCED IN BELGIUM TO INDICATE ON THE PACKAGE THE NAME AND ADDRESS OF THE PRODUCER, MANUFACTURER, PROCESSOR OR VENDOR IN THE COUNTRY WHEREAS NO SUCH OBLIGATION EXISTS IN REGARD TO BUTTER IMPORTED FROM OTHER MEMBER STATES, WHICH COULD PUT BELGIAN PRODUCERS, MANUFACTURERS OR PROCESSORS AT A DISADVANTAGE VIS-A-VIS THEIR FOREIGN COMPETITORS AND THUS "RESTRICT IMPORTS OR HAVE AN EQUIVALENT EFFECT CONTRARY TO ARTICLE 30 OF THE TREATY ESTABLISHING THE EEC ". FURTHERMORE, IT APPEARS THAT IN BELGIUM SUPERMARKETS PREFER BUTTER IN PACKAGES BEARING NEITHER THE NAME NOR THE ADDRESS OF THE PROCESSOR .
7 WITH REGARD TO ARTICLE 30 OF THE EEC TREATY, IT MUST BE EMPHASIZED THAT THE PURPOSE OF THAT PROVISION IS TO ELIMINATE OBSTACLES TO THE IMPORTATION OF GOODS AND NOT TO ENSURE THAT GOODS OF NATIONAL ORIGIN ALWAYS ENJOY THE SAME TREATMENT AS IMPORTED GOODS . A DIFFERENCE OF TREATMENT AS BETWEEN GOODS WHICH IS NOT CAPABLE OF RESTRICTING IMPORTS OR OF PREJUDGING THE MARKETING OF IMPORTED GOODS DOES NOT FALL WITHIN THE PROHIBITION CONTAINED IN THAT ARTICLE ( JUDGMENT OF 23 OCTOBER 1986 IN CASE 355/85 DRIANCOURT V COGNET (( 1986 )) ECR 3231 ).
8 HOWEVER, IN A CASE SUCH AS THE ONE DESCRIBED IN THE ORDER FOR REFERENCE, AND EVEN IF THERE IS DISCRIMINATION AGAINST DOMESTICALLY-PRODUCED BUTTER, SUCH A DIFFERENCE OF TREATMENT CAN IN NO CIRCUMSTANCES RESTRICT THE IMPORTATION OF BUTTER OR PREJUDICE THE MARKETING OF IMPORTED BUTTER . ARTICLE 30 OF THE EEC TREATY IS NOT THEREFORE INFRINGED BY SUCH RULES .
9 WITH REGARD TO THE QUESTION WHETHER THE DIFFERENCE OF TREATMENT MENTIONED ABOVE IS OF SUCH A NATURE AS TO INFRINGE THE GENERAL PRINCIPLE OF NON-DISCRIMINATION, IT SHOULD BE REMEMBERED THAT, ACCORDING TO THE CASE-LAW OF THE COURT, TREATMENT WHICH WORKS TO THE DETRIMENT OF NATIONAL PRODUCTS AS COMPARED WITH IMPORTED PRODUCTS AND WHICH IS PUT INTO EFFECT BY A MEMBER STATE IN A SECTOR WHICH IS NOT SUBJECT TO COMMUNITY RULES OR IN RELATION TO WHICH THERE HAS BEEN NO HARMONIZATION OF NATIONAL LAWS DOES NOT COME WITHIN THE SCOPE OF COMMUNITY LAW ( JUDGMENT OF 23 OCTOBER 1986 IN DRIANCOURT V COGNET, CITED ABOVE ).
11 IT IS CORRECT THAT DIRECTIVE 79/112 CREATED OBLIGATIONS CONCERNING THE LABELLING AND PRESENTATION OF FOODSTUFFS MARKETED IN THE ENTIRE COMMUNITY WITHOUT PERMITTING ANY DISTINCTION TO BE DRAWN ACCORDING TO THE ORIGIN OF THOSE FOODSTUFFS, SUBJECT ONLY TO THE CONDITION CONTAINED IN ARTICLE 3 ( 2 ). NATIONAL RULES WHICH IMPOSE THOSE OBLIGATIONS ONLY ON DOMESTIC PRODUCTS TO THE EXCLUSION OF PRODUCTS IMPORTED FROM OTHER MEMBER STATES THEREFORE DISCRIMINATE AGAINST CERTAIN TRADERS CONTRARY TO COMMUNITY LAW BY VIRTUE OF THE FACT THAT THE REQUIREMENTS OF THE DIRECTIVE ARE NOT YET APPLIED TO IMPORTED PRODUCTS . HOWEVER, SUCH A SITUATION DOES NOT GIVE THOSE TRADERS THE RIGHT TO SEEK EXEMPTION FROM THE OBLIGATIONS LAID DOWN IN THE DIRECTIVE . IT IS FOR THE COMMISSION TO ENSURE THAT THE NATIONAL AUTHORITIES PUT AN END TO THAT SITUATION BY EXTENDING THE SCOPE OF THE NATIONAL RULES TO ALL THE PRODUCTS COVERED BY THE DIRECTIVE .
Deutz und Geldermann, Sektkellerei Breisach (Baden) GmbH v Council of the European Communities.
Date: 1987-02-24
8 A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN RELATION TO ITS PURPOSE .
9 IN ORDER FOR A MEASURE TO BE OF INDIVIDUAL CONCERN TO THE PERSONS TO WHOM IT APPLIES, IT MUST AFFECT THEIR LEGAL POSITION BECAUSE OF A FACTUAL SITUATION WHICH DIFFERENTIATES THEM FROM ALL OTHER PERSONS AND DISTINGUISHES THEM INDIVIDUALLY IN THE SAME WAY AS A PERSON TO WHOM IT IS ADDRESSED ( SEE IN PARTICULAR THE JUDGMENT OF 18 NOVEMBER 1975 IN CASE 100/74, SOCIETE C.A.M . SA V COMMISSION (( 1975 )) ECR 1393 ).
Teresa Banner v European Parliament.
Date: 1987-02-25
9 FINALLY, WITH REGARD TO THE ISSUE WHETHER OR NOT THE APPOINTING AUTHORITY EXAMINED THE COMPARATIVE MERITS OF THE CANDIDATES AS REQUIRED BY ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS, IT MUST BE POINTED OUT THAT THE APPOINTING AUTHORITY HAS A WIDE DISCRETION . IN EXERCISING ITS SUPERVISORY JURISDICTION THE COURT MUST RESTRICT ITSELF TO THE QUESTION WHETHER, HAVING REGARD TO THE CONSIDERATIONS WHICH GUIDED ITS ASSESSMENT, THE ADMINISTRATION KEPT WITHIN REASONABLE BOUNDS AND DID NOT EXERCISE ITS POWER IN A MANIFESTLY ERRONEOUS MANNER ( SEE JUDGMENT OF 12 FEBRUARY 1987 IN CASE 233/85 BONINO V COMMISSION (( 1987 )) ECR 0000 ). THERE IS NO INDICATION IN THE DOCUMENTS BEFORE THE COURT THAT THE APPOINTING AUTHORITY DEPARTED FROM THOSE REQUIREMENTS IN THIS CASE .
Consorzio Cooperative d'Abruzzo v Commission of the European Communities.
Date: 1987-02-26
12 SINCE, THEREFORE, THE DECISION OF 31 OCTOBER 1984 CAN ONLY BE DESCRIBED AS A DECISION WITHDRAWING AN EARLIER MEASURE, IT REMAINS TO BE DETERMINED WHETHER IT SATISFIES THE REQUIREMENTS LAID DOWN BY THE COURT FOR THE WITHDRAWAL OF UNLAWFUL ADMINISTRATIVE MEASURES . IN THAT REGARD, IT MUST BE BORNE IN MIND, AS THE COURT HAS MOST RECENTLY HELD IN ITS JUDGMENT OF 3 MARCH 1982 IN CASE 14/81 ( ALPHA STEEL V COMMISSION (( 1982 )) ECR 749 ), THAT "THE WITHDRAWAL OF AN UNLAWFUL MEASURE IS PERMISSIBLE, PROVIDED THAT THE WITHDRAWAL OCCURS WITHIN A REASONABLE TIME AND PROVIDED THAT THE COMMISSION HAS HAD SUFFICIENT REGARD TO HOW FAR THE APPLICANT MIGHT HAVE BEEN LED TO RELY ON THE LAWFULNESS OF THE MEASURE ".
Commission of the European Communities v Italian Republic.
Date: 1987-03-10
14 THOSE PROVISIONS, WHICH AUTHORIZE DEROGATIONS FROM THE RULES INTENDED TO ENSURE THE EFFECTIVENESS OF THE RIGHTS CONFERRED BY THE TREATY IN THE FIELD OF PUBLIC WORKS CONTRACTS, MUST BE INTERPRETED STRICTLY AND THE BURDEN OF PROVING THE ACTUAL EXISTENCE OF EXCEPTIONAL CIRCUMSTANCES JUSTIFYING A DEROGATION LIES ON THE PERSON SEEKING TO RELY ON THOSE CIRCUMSTANCES .
Walter Rau Lebensmittelwerke and others v Commission of the European Communities.
Date: 1987-03-11
34 IT IS SETTLED CASE-LAW THAT IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW COMPLIES WITH THE PRINCIPLE OF PROPORTIONALITY, IT MUST BE ASCERTAINED WHETHER THE MEANS WHICH IT EMPLOYS ARE SUITABLE FOR THE PURPOSE OF ACHIEVING THE DESIRED OBJECTIVE AND WHETHER THEY DO NOT GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT . FURTHERMORE, AS THE COURT STATED IN ITS JUDGMENT OF 21 FEBRUARY 1979 ( STOELTING, CITED ABOVE ), IF A MEASURE IS PATENTLY UNSUITED TO THE OBJECTIVE WHICH THE COMPETENT INSTITUTION SEEKS TO PURSUE THIS MAY AFFECT ITS LEGALITY; HOWEVER, THE COMMUNITY INSTITUTIONS MUST BE RECOGNIZED AS HAVING A DISCRETIONARY POWER IN REGARD TO THE COMMON AGRICULTURAL POLICY WHICH REFLECTS THE RESPONSIBILITIES WHICH THE TREATY IMPOSES ON THEM .
38 AS THE COMMISSION POINTS OUT, THIS SUBMISSION WAS RAISED FOR THE FIRST TIME IN THE APPLICANTS' REPLIES . IN ACCORDANCE WITH ARTICLE 42 ( 2 ) OF THE RULES OF PROCEDURE, THIS NEW SUBMISSION MUST BE REJECTED AS INADMISSIBLE .
Vandemoortele NV v Commission of the European Communities.
Date: 1987-03-11
31 IT IS SETTLED CASE-LAW THAT IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW COMPLIES WITH THE PRINCIPLE OF PROPORTIONALITY, IT MUST BE ASCERTAINED WHETHER THE MEANS WHICH IT EMPLOYS ARE SUITABLE FOR THE PURPOSE OF ACHIEVING THE DESIRED OBJECTIVE AND WHETHER THEY DO NOT GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT . FURTHERMORE, AS THE COURT STATED IN ITS JUDGMENT OF 21 FEBRUARY 1979 ( STOELTING, CITED ABOVE ), IF A MEASURE IS PATENTLY UNSUITED TO THE OBJECTIVE WHICH THE COMPETENT INSTITUTION SEEKS TO PURSUE THIS MAY AFFECT ITS LEGALITY; HOWEVER, THE COMMUNITY INSTITUTIONS MUST BE RECOGNIZED AS HAVING A DISCRETIONARY POWER IN REGARD TO THE COMMON AGRICULTURAL POLICY WHICH REFLECTS THE RESPONSIBILITIES WHICH THE TREATY IMPOSES ON THEM .
32 IN THIS CASE, IT CAN BE SEEN FROM THE STATEMENT OF THE REASONS ON WHICH THE CONTESTED REGULATION IS BASED THAT THE ESSENTIAL AIMS OF THE LATTER WERE TO INCREASE THE CONSUMPTION OF BUTTER NOT MERELY IN ORDER TO MAKE AN OVERALL REDUCTION IN BUTTER STOCKS BUT ALSO TO AVOID PROLONGING THE PERIOD OF STORAGE OF OLDER BUTTER WHICH, BEYOND A CERTAIN PERIOD, BECOMES UNFIT FOR HUMAN CONSUMPTION AND MUST BE FURTHER PROCESSED . IT CAN BE SEEN FROM THE DOCUMENTS ON THE FILE AND FROM THE ARGUMENTS MADE BEFORE THE COURT THAT, ON THE ONE HAND, THE CONTESTED SCHEME ACTUALLY LED TO ADDITIONAL SALES OF APPROXIMATELY 40*000 TONNES OF BUTTER IN THE COMMUNITY, THUS AVOIDING THE STORAGE OF THAT QUANTITY AND, ON THE OTHER HAND, THERE WAS CONSEQUENTLY A BETTER ROTATION AND A CERTAIN RENEWAL OF BUTTER STOCKS . THOSE OBJECTIVES ARE AMONG THOSE ASSIGNED TO THE INTERVENTION SYSTEM BY ARTICLE 6 ( 4 ) OF REGULATION NO 804/68 .
33 FURTHERMORE, IT DOES NOT APPEAR EITHER FROM THE DOCUMENTS ON THE FILE OR FROM THE ARGUMENTS MADE BEFORE THE COURT THAT THE COMMISSION COMMITTED A MANIFEST ERROR OF ASSESSMENT IN CONSIDERING THAT IT DID NOT HAVE ANY OTHER POSSIBLE WAY OF ACHIEVING THE DESIRED OBJECTIVES BY MORE EFFICIENT AND LESS ONEROUS MEANS UNDER CONDITIONS WHICH WERE LEGALLY, ECONOMICALLY AND PSYCHOLOGICALLY ACCEPTABLE .
34 IN THOSE CIRCUMSTANCES, AND ALTHOUGH IT MUST BE ADMITTED, AS THE COMMISSION ITSELF ADMITS, THAT SCHEMES SUCH AS THE CHRISTMAS BUTTER SCHEME ARE OF LIMITED EFFECTIVENESS AND ARE VERY COSTLY FROM THE POINT OF VIEW OF COMMUNITY FINANCES, IT DOES NOT APPEAR THAT THE CONTESTED MEASURE WAS UNSUITABLE FOR THE PURPOSE OF ACHIEVING THE DESIRED AIMS OR THAT IT WENT FURTHER THAN WAS NECESSARY TO ACHIEVE THEM . THEREFORE, THE SUBMISSION ALLEGING BREACH OF THE PRINCIPLE OF PROPORTIONALITY MUST BE REJECTED .
THE SUBMISSION ALLEGING MISUSE OF POWERS
Van den Bergh en Jurgens BV and Van Dijk Food Products (Lopik) BV v Commission of the European Communities.
Date: 1987-03-11
44 THE COURT HAS CONSISTENTLY HELD THAT ANY TRADER IN REGARD TO WHOM AN INSTITUTION HAS GIVEN RISE TO JUSTIFIED HOPES MAY RELY ON THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION . ON THE OTHER HAND, IF A PRUDENT AND DISCRIMINATING TRADER COULD HAVE FORESEEN THE ADOPTION OF A COMMUNITY MEASURE LIKELY TO AFFECT HIS INTERESTS, HE CANNOT PLEAD THAT PRINCIPLE IF THE MEASURE IS ADOPTED ( JUDGMENT OF 1 FEBRUARY 1978 IN CASE 78/77 LUEHRS V HAUPTZOLLAMT HAMBURG-JONAS (( 1978 )) ECR 169 ).
Commission of the European Communities v Hellenic Republic.
Date: 1987-03-12
25 THE COURT HAS ALSO CONSISTENTLY HELD ( IN PARTICULAR IN THE JUDGMENT OF 20 FEBRUARY 1979 IN CASE 120/78 REWE-ZENTRALE AG V BUNDESMONOPOLVERWALTUNG (( 1979 )) ECR 469, AND THE JUDGMENT OF 10 NOVEMBER 1982 IN CASE 261/81 WALTER RAU LEBENSMITTELWERKE V DE SMEDT (( 1982 )) ECR 3961 ) THAT IN THE ABSENCE OF COMMON RULES RELATING TO THE MARKETING OF THE PRODUCTS CONCERNED, OBSTACLES TO FREE MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS MUST BE ACCEPTED IN SO FAR AS SUCH RULES, APPLICABLE TO DOMESTIC AND TO IMPORTED PRODUCTS WITHOUT DISTINCTION, MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY IMPERATIVE REQUIREMENTS RELATING INTER ALIA TO CONSUMER PROTECTION AND THE EFFICACY OF FISCAL SUPERVISION . IT IS ALSO NECESSARY FOR SUCH RULES TO BE PROPORTIONATE TO THE AIM IN VIEW . IF A MEMBER STATE HAS A CHOICE BETWEEN VARIOUS MEASURES TO ATTAIN THE SAME OBJECTIVE, IT SHOULD CHOOSE THE MEANS WHICH LEAST RESTRICTS THE FREE MOVEMENT OF GOODS .
41 IT MUST BE OBSERVED THAT THE GREEK RULES ON ADDITIVES APPLICABLE TO BEER RESULT IN THE EXCLUSION OF ALL THE ADDITIVES AUTHORIZED IN THE OTHER MEMBER STATES AND NOT THE EXCLUSION OF JUST SOME OF THEM FOR WHICH THERE IS CONCRETE JUSTIFICATION BY REASON OF THE RISKS WHICH THEY INVOLVE IN VIEW OF THE EATING HABITS OF THE GREEK POPULATION; MOREOVER, THOSE RULES DO NOT LAY DOWN ANY PROCEDURE WHEREBY TRADERS CAN OBTAIN AUTHORIZATION FOR THE USE OF A SPECIFIC ADDITIVE IN THE MANUFACTURE OF BEER BY MEANS OF A MEASURE OF GENERAL APPLICATION .
Cerealmangimi SpA and Italgrani SpA v Commission of the European Communities.
Date: 1987-03-12
10 THE COURT HAS HELD THAT ARTICLE 13 OF REGULATION NO 1430/79 CONSTITUTES "A GENERAL EQUITABLE PROVISION DESIGNED TO COVER SITUATIONS OTHER THAN THOSE WHICH HAD MOST OFTEN ARISEN IN PRACTICE AND FOR WHICH SPECIAL PROVISION COULD BE MADE WHEN THE REGULATION WAS ADOPTED" ( JUDGMENT OF 15 DECEMBER 1983 IN CASE 183/82 PAPIERFABRIK SCHOELLERSHAMMER H . A . SCHOELLER V COMMISSION (( 1983 )) ECR 4219; JUDGMENT OF 15 MAY 1986 IN CASE 160/84 ORYZOMYLI KAVALLAS V COMMISSION (( 1986 )) ECR 1633 ).
11 IT FOLLOWS FROM THOSE DECISIONS THAT THE SOLE AIM OF ARTICLE 13 OF REGULATION NO 1430/79 IS TO ENABLE IMPORTERS TO BE EXEMPTED FROM PAYMENT OF THE DUTY PAYABLE WHEN CERTAIN SPECIFIC CONDITIONS ARE SATISFIED AND IN THE ABSENCE OF NEGLIGENCE OR DECEPTION, AND NOT TO ENABLE THEM TO CONTEST THE VERY PRINCIPLE THAT THE AMOUNT IS DUE .
Mannesmann-Röhrenwerke AG and Paderwerk Gebr. Benteler GmbH & Co. v Council of the European Communities.
Date: 1987-03-17
14 IT FOLLOWS THAT THE FIXING OF THE PERCENTAGE OF THE SUB-QUOTA FOR THE FEDERAL REPUBLIC OF GERMANY BY REGULATION NO 2355/85 DOES NOT DIRECTLY AFFECT THE LEGAL POSITION OF THE UNDERTAKINGS PRODUCING OCTG TUBES IN THAT COUNTRY, SINCE THE ISSUE OF EXPORT LICENCES TO THOSE UNDERTAKINGS IS NOT BASED DIRECTLY ON THAT PERCENTAGE BUT DEPENDS IN THE FIRST PLACE ON THE MANNER IN WHICH THE COMMISSION HAS CALCULATED AND ADJUSTED THE COMMUNITY EXPORT LIMIT AND FIXED GERMANY' S SUB-QUOTA ON THE BASIS OF THAT PERCENTAGE, AND SECONDLY ON THE APPORTIONMENT OF THAT SUB-QUOTA BY THE NATIONAL AUTHORITIES AMONG THE UNDERTAKINGS CONCERNED, WHICH IS IN NO WAY AN AUTOMATIC PROCESS BUT IS BASED ON A NUMBER OF CRITERIA .
Norah McDermott and Ann Cotter v Minister for Social Welfare and Attorney-General.
Date: 1987-03-24
14 FURTHERMORE, IN ITS JUDGMENT OF 4 DECEMBER 1986 ( CASE 71/85 NETHERLANDS V FNV (( 1986 )) ECR 3855 ) THE COURT HELD THAT STANDING BY ITSELF, AND IN THE LIGHT OF THE OBJECTIVE AND CONTENTS OF THE DIRECTIVE, ARTICLE 4 ( 1 ) IS SUFFICIENTLY PRECISE TO BE RELIED UPON IN LEGAL PROCEEDINGS AND APPLIED BY A COURT . MOREOVER, THAT ARTICLE IN NO WAY PERMITS MEMBER STATES TO RESTRICT OR PLACE CONDITIONS ON THE APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT IN ITS PARTICULAR AREA OF APPLICATION .
15 WITH REGARD TO THE ARGUMENT TO THE EFFECT THAT THE MULTIPLICITY OF ALTERNATIVES AVAILABLE FOR THE PURPOSE OF ACHIEVING EQUAL TREATMENT MAKES IT IMPOSSIBLE FOR THE DIRECTIVE TO CONFER RIGHTS ON INDIVIDUALS, IT WILL SUFFICE TO POINT OUT THAT, AS THE COURT HAS ALREADY HELD IN ITS AFORESAID JUDGMENT OF 19 JANUARY 1982 IN BECKER, THE FACT THAT DIRECTIVES LEAVE TO THE NATIONAL AUTHORITIES THE CHOICE OF THE FORM AND METHODS FOR ACHIEVING THE REQUIRED RESULT CANNOT CONSTITUTE A GROUND FOR DENYING ALL EFFECT TO THOSE PROVISIONS WHICH MAY BE RELIED UPON BEFORE A COURT .
19 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT IN THE ABSENCE OF MEASURES IMPLEMENTING ARTICLE 4 ( 1 ) OF THE DIRECTIVE WOMEN ARE ENTITLED TO HAVE THE SAME RULES APPLIED TO THEM AS ARE APPLIED TO MEN WHO ARE IN THE SAME SITUATION, SINCE, WHERE THE DIRECTIVE HAS NOT BEEN IMPLEMENTED, THOSE RULES REMAIN THE ONLY VALID POINT OF REFERENCE .