larimo/cjeu-paragraph-retrieval huggingface dataset:
Transocean Marine Paint Association v Commission of the European Communities.
Date: 1974-10-23
15 IT IS CLEAR, HOWEVER, BOTH FROM THE NATURE AND OBJECTIVE OF THE PROCEDURE FOR HEARINGS, AND FROM ARTICLES 5, 6 AND 7 OF REGULATION NO 99/63, THAT THIS REGULATION, NOTWITHSTANDING THE CASES SPECIFICALLY DEALT WITH IN ARTICLES 2 AND 4, APPLIES THE GENERAL RULE THAT A PERSON WHOSE INTERESTS ARE PERCEPTIBLY AFFECTED BY A DECISION TAKEN BY A PUBLIC AUTHORITY MUST BE GIVEN THE OPPORTUNITY TO MAKE HIS POINT OF VIEW KNOWN . THIS RULE REQUIRES THAT AN UNDERTAKING BE CLEARLY INFORMED, IN GOOD TIME, OF THE ESSENCE OF CONDITIONS TO WHICH THE COMMISSION INTENDS TO SUBJECT AN EXEMPTION AND IT MUST HAVE THE OPPORTUNITY TO SUBMIT ITS OBSERVATIONS TO THE COMMISSION . THIS IS ESPECIALLY SO IN THE CASE OF CONDITIONS WHICH, AS IN THIS CASE, IMPOSE CONSIDERABLE OBLIGATIONS HAVING FAR-REACHING EFFECTS .
17 IT IS CLEAR FROM THE FILE THAT THIS REQUIREMENT WAS NOT FULFILLED IN RESPECT OF THE OBLIGATION IN ISSUE .
21 NOTWITHSTANDING THE IMPORTANCE OF THE SUBJECT MATTER OF THIS PART OF THE DECISION, IT IS NEVERTHELESS CAPABLE OF BEING SEVERED, FOR THE TIME BEING, FROM THE OTHER PROVISIONS, AND A PARTIAL ANNULMENT IS THEREFORE POSSIBLE AND IS JUSTIFIED BY THE FACT THAT, TAKEN AS A WHOLE, THE DECISION IS FAVOURABLE TO THE INTERESTS OF THE UNDERTAKINGS CONCERNED .
Daniele Grassi v Council of the European Communities.
Date: 1974-10-30
38 IN FACT, THOUGH THE APPOINTING AUTHORITY HAS WIDE DISCRETION IN COMPARING THE CANDIDATES' MERITS AND REPORTS, ESPECIALLY WITH A VIEW TO THE POST TO BE FILLED, IT MUST EXERCISE IT WITHIN THE SELF-IMPOSED LIMITS CONTAINED IN THE NOTICE OF VACANCY .
39 WHEN THE APPOINTING AUTHORITY HAS TO FILL A POST, IT MUST, WHEN DRAWING UP THE NOTICE OF VACANCY, TAKE ACCOUNT OF THE SPECIAL CONDITIONS OF ELIGIBILITY REQUIRED OF THE HOLDER; IT DOES NOT SATISFY THE PROVISIONS OF STAFF REGULATIONS IF THE AUTHORITY DECIDES WHAT THESE CONDITIONS SHOULD BE ONLY AFTER THE NOTICE HAS BEEN PUBLISHED AND THE CANDIDATES ARE KNOWN, AND IF AN INTERPRETATION IS PLACED ON THE WORDING OF THE NOTICE OF VACANCY WHICH, IN THE AUTHORITY'S VIEW, SEEMS TO BE IN THE BEST INTERESTS OF THE SERVICE .
40 TO INTERPRET THE WORDING OF THE STAFF REGULATIONS OTHERWISE WOULD BE TO DEPRIVE THE NOTICE OF VACANCY OF ITS BASIC FUNCTION IN THE RECRUITMENT PROCEDURE, WHICH IS TO GIVE THOSE INTERESTED THE MOST ACCURATE INFORMATION POSSIBLE ABOUT THE CONDITIONS OF ELIGIBILITY FOR THE POST TO ENABLE THEM TO JUDGE WHETHER THEY SHOULD APPLY FOR IT .
43 IF, AFTER THE EVENT, THE APPOINTING AUTHORITY FOUND THAT THE CONDITIONS OF ELIGIBILITY REQUIRED IN THE NOTICE OF VACANCY WERE MORE EXACTING THAN THE NEEDS OF THE SERVICE DEMANDED IT WAS ENTITLED TO RE-OPEN THE PROMOTION PROCEDURE AFTER WITHDRAWING THE ORIGINAL NOTICE OF VACANCY AND PUTTING AN AMENDED ONE IN ITS PLACE .
THIRD SUBMISSION
Centrafarm BV and Adriaan de Peijper v Sterling Drug Inc.
Date: 1974-10-31
8 INASMUCH AS IT PROVIDES AN EXCEPTION TO ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET, ARTICLE 36 IN FACT ONLY ADMITS OF DEROGATIONS FROM THE FREE MOVEMENT OF GOODS WHERE SUCH DEROGATIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT MATTER OF THIS PROPERTY .
9 IN RELATION TO PATENTS, THE SPECIFIC SUBJECT MATTER OF THE INDUSTRIAL PROPERTY IS THE GUARANTEE THAT THE PATENTEE, TO REWARD THE CREATIVE EFFORT OF THE INVENTOR, HAS THE EXCLUSIVE RIGHT TO USE AN INVENTION WITH A VIEW TO MANUFACTURING INDUSTRIAL PRODUCTS AND PUTTING THEM INTO CIRCULATION FOR THE FIRST TIME, EITHER DIRECTLY OR BY THE GRANT OF LICENCES TO THIRD PARTIES, AS WELL AS THE RIGHT TO OPPOSE INFRINGEMENTS .
11 WHEREAS AN OBSTACLE TO THE FREE MOVEMENT OF GOODS OF THIS KIND MAY BE JUSTIFIED ON THE GROUND OF PROTECTION OF INDUSTRIAL PROPERTY WHERE SUCH PROTECTION IS INVOKED AGAINST A PRODUCT COMING FROM A MEMBER STATE WHERE IT IS NOT PATENTABLE AND HAS BEEN MANUFACTURED BY THIRD PARTIES WITHOUT THE CONSENT OF THE PATENTEE AND IN CASES WHERE THERE EXIST PATENTS, THE ORIGINAL PROPRIETORS OF WHICH ARE LEGALLY AND ECONOMICALLY INDEPENDENT, A DEROGATION FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS IS NOT, HOWEVER, JUSTIFIED WHERE THE PRODUCT HAS BEEN PUT ONTO THE MARKET IN A LEGAL MANNER, BY THE PATENTEE HIMSELF OR WITH HIS CONSENT, IN THE MEMBER STATE FROM WHICH IT HAS BEEN IMPORTED, IN PARTICULAR IN THE CASE OF A PROPRIETOR OF PARALLEL PATENTS .
12 IN FACT, IF A PATENTEE COULD PREVENT THE IMPORT OF PROTECTED PRODUCTS MARKETED BY HIM OR WITH HIS CONSENT IN ANOTHER MEMBER STATE, HE WOULD BE ABLE TO PARTITION OFF NATIONAL MARKETS AND THEREBY RESTRICT TRADE BETWEEN MEMBER STATES, IN A SITUATION WHERE NO SUCH RESTRICTION WAS NECESSARY TO GUARANTEE THE ESSENCE OF THE EXCLUSIVE RIGHTS FLOWING FROM THE PARALLEL PATENTS .
41 ARTICLE 85, HOWEVER, IS NOT CONCERNED WITH AGREEMENTS OR CONCERTED PRACTICES BETWEEN UNDERTAKINGS BELONGING TO THE SAME CONCERN AND HAVING THE STATUS OF PARENT COMPANY AND SUBSIDIARY, IF THE UNDERTAKINGS FORM AN ECONOMIC UNIT WITHIN WHICH THE SUBSIDIARY HAS NO REAL FREEDOM TO DETERMINE ITS COURSE OF ACTION ON THE MARKET, AND IF THE AGREEMENTS OR PRACTICES ARE CONCERNED MERELY WITH THE INTERNAL ALLOCATION OF TASKS AS BETWEEN THE UNDERTAKINGS .
Centrafarm BV and Adriaan de Peijper v Winthrop BV.
Date: 1974-10-31
7 INASMUCH AS IT PROVIDES AN EXCEPTION TO ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET, ARTICLE 36 IN FACT ONLY ADMITS OF DEROGATIONS FROM THE FREE MOVEMENT OF GOODS WHERE SUCH DEROGATIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT-MATTER OF THIS PROPERTY .
8 IN RELATION TO TRADE MARKS, THE SPECIFIC SUBJECT-MATTER OF THE INDUSTRIAL PROPERTY IS THE GUARANTEE THAT THE OWNER OF THE TRADE MARK HAS THE EXCLUSIVE RIGHT TO USE THAT TRADE MARK, FOR THE PURPOSE OF PUTTING PRODUCTS PROTECTED BY THE TRADE MARK INTO CIRCULATION FOR THE FIRST TIME, AND IS THEREFORE INTENDED TO PROTECT HIM AGAINST COMPETITORS WISHING TO TAKE ADVANTAGE OF THE STATUS AND REPUTATION OF THE TRADE MARK BY SELLING PRODUCTS ILLEGALLY BEARING THAT TRADE MARK .
9 AN OBSTACLE TO THE FREE MOVEMENT OF GOODS MAY ARISE OUT OF THE EXISTENCE, WITHIN A NATIONAL LEGISLATION CONCERNING INDUSTRIAL AND COMMERCIAL PROPERTY, OF PROVISIONS LAYING DOWN THAT A TRADE MARK OWNER'S RIGHT IS NOT EXHAUSTED WHEN THE PRODUCT PROTECTED BY THE TRADE MARK IS MARKETED IN ANOTHER MEMBER STATE, WITH THE RESULT THAT THE TRADE MARK OWNER CAN PREVENT IMPORTATION OF THE PRODUCT INTO HIS OWN MEMBER STATE WHEN IT HAS BEEN MARKETED IN ANOTHER MEMBER STATE .
10 SUCH AN OBSTACLE IS NOT JUSTIFIED WHEN THE PRODUCT HAS BEEN PUT ONTO THE MARKET IN A LEGAL MANNER IN THE MEMBER STATE FROM WHICH IT HAS BEEN IMPORTED, BY THE TRADE MARK OWNER HIMSELF OR WITH HIS CONSENT, SO THAT THERE CAN BE NO QUESTION OF ABUSE OR INFRINGEMENT OF THE TRADE MARK .
11 IN FACT, IF A TRADE MARK OWNER COULD PREVENT THE IMPORT OF PROTECTED PRODUCTS MARKETED BY HIM OR WITH HIS CONSENT IN ANOTHER MEMBER STATE, HE WOULD BE ABLE TO PARTITION OFF NATIONAL MARKETS AND THEREBY RESTRICT TRADE BETWEEN MEMBER STATES, IN A SITUATION WHERE NO SUCH RESTRICTION WAS NECESSARY TO GUARANTEE THE ESSENCE OF THE EXCLUSIVE RIGHT FLOWING FROM THE TRADE MARK .
16 IT IS PART OF THE COMMUNITY AUTHORITIES' TASK TO ELIMINATE FACTORS LIKELY TO DISTORT COMPETITION BETWEEN MEMBER STATES, IN PARTICULAR BY THE HARMONIZATION OF NATIONAL MEASURES FOR THE CONTROL OF PRICES AND BY THE PROHIBITION OF AIDS WHICH ARE INCOMPATIBLE WITH THE COMMON MARKET, IN ADDITION TO THE EXERCISE OF THEIR POWERS IN THE FIELD OF COMPETITION .
17 THE EXISTENCE OF FACTORS SUCH AS THESE IN A MEMBER STATE, HOWEVER, CANNOT JUSTIFY THE MAINTENANCE OR INTRODUCTION BY ANOTHER MEMBER STATE OF MEASURES WHICH ARE INCOMPATIBLE WITH THE RULES CONCERNING THE FREE MOVEMENT OF GOODS, IN PARTICULAR IN THE FIELD OF INDUSTRIAL AND COMMERCIAL PROPERTY .
32 ARTICLE 85 IS NOT CONCERNED WITH AGREEMENTS OR CONCERTED PRACTICES BETWEEN UNDERTAKINGS FORMING PART OF THE SAME CONCERN AND HAVING THE STATUS OF PARENT COMPANY AND SUBSIDIARY, IF THE UNDERTAKINGS FORM AN ECONOMIC UNIT WITHIN WHICH THE SUBSIDIARY HAS NO REAL FREEDOM TO DETERMINE ITS COURSE OF ACTION ON THE MARKET, AND IF THE AGREEMENTS OR PRACTICES ARE CONCERNED MERELY WITH THE INTERNAL ALLOCATION OF TASKS AS BETWEEN THE UNDERTAKINGS .
Friedrich Haaga GmbH.
Date: 1974-11-12
6 THIS INTERPRETATION IS IN CONFORMITY WITH THE OBJECTIVE OF THE DIRECTIVE, WHICH IS TO GUARANTEE LEGAL CERTAINTY IN DEALINGS BETWEEN COMPANIES AND THIRD PARTIES IN VIEW OF THE INTENSIFICATION OF TRADE BETWEEN MEMBER STATES FOLLOWING THE CREATION OF THE COMMON MARKET . IN VIEW OF THIS FACT, IT IS IMPORTANT THAT ANY PERSON WISHING TO ESTABLISH AND DEVELOP TRADING RELATIONS WITH COMPANIES SITUATED IN OTHER MEMBER STATES SHOULD BE ABLE EASILY TO OBTAIN ESSENTIAL INFORMATION RELATING TO THE CONSTITUTION OF TRADING COMPANIES AND TO THE POWERS OF PERSONS AUTHORIZED TO REPRESENT THEM . IN THE INTEREST OF LEGAL TRANSACTIONS BETWEEN NATIONALS OF DIFFERENT MEMBER STATES, IT IS THEREFORE IMPORTANT THAT ALL THE RELEVANT INFORMATION SHOULD BE EXPRESSLY STATED IN OFFICIAL REGISTERS OR RECORDS, EVEN IF CERTAIN INFORMATION FOLLOWS AUTOMATICALLY FROM NATIONAL LEGISLATION OR MAY APPEAR SELF-EVIDENT . IN FACT, THIRD PARTIES CANNOT BE EXPECTED TO HAVE A FULL KNOWLEDGE OF THE LEGISLATIONS OR CURRENT COMMERCIAL PRACTICES OF OTHER MEMBER STATES . IT THEREFORE APPEARS NECESSARY TO REQUIRE, INSOFAR, AS THE POWER OF REPRESENTATION OF DIRECTORS OF A LIMITED LIABILITY COMPANY IS CONCERNED, THAT AN ENTRY SHOULD APPEAR ON THE COMPANIES REGISTER CONVEYING THIS INFORMATION TO THIRD PARTIES, EVEN IF IT SEEMS POSSIBLE TO DEDUCE THIS INFORMATION, IN THE ABSENCE OF ANY ENTRY ON THE REGISTER, BY LOGICAL REASONING OR REFERENCE TO NATIONAL LAW .
Alliance nationale des mutualités chrétiennes and Institut national d'assurance maladie-invalidité v Thomas Rzepa.
Date: 1974-11-12
12 IN ANY CASE, AS THE SYSTEM EMBODIED IN REGULATIONS NOS 3 AND 4 RESTS ON MERE COORDINATION OF NATIONAL LEGISLATION IN THE FIELD OF SOCIAL SECURITY AND DOES NOT AFFECT THE RULES ON LIMITATION LAID DOWN BY SUCH LEGISLATIONS, IT WAS NOT ABSOLUTELY NECESSARY THAT THESE REGULATIONS SHOULD LAY DOWN RULES EITHER ON LIMITATION OR ON TIME LIMITS .
13 AS ARTICLE 34 ( 3 ) IS INTEGRATED WITH THE PROVISIONS OF NATIONAL SOCIAL SECURITY LAWS AND SUPPLEMENTS THEM, PAYMENTS MADE ON THIS DUAL BASIS DO NOT ARISE ONLY BY VIRTUE OF COMMUNITY LAW, FROM WHICH IT FOLLOWS THAT ANY LIMITATION OR TIME LIMIT WHICH MAY APPLY MUST, IN THE PRESENT STATE OF THE LAW, BE DICTATED BY NATIONAL SOCIAL SECURITY LAW .
Claudette van Belle v Council of the European Communities.
Date: 1974-12-05
5 IT LAYS DOWN, FOR THIS PURPOSE, THAT EXAMINATION SHALL BE MADE, IN ORDER OF PREFERENCE, FIRST OF THE POSSIBILITIES OF FILLING THE POST BY PROMOTION OR TRANSFER WITHIN THE INSTITUTION WHERE THE VACANCY HAS OCCURRED, NEXT OF THE POSSIBILITY OF HOLDING COMPETITIONS INTERNAL TO THAT INSTITUTION, AND, THIRDLY, OF APPLICATIONS FOR TRANSFER MADE BY OFFICIALS OF OTHER INSTITUTIONS .
6 IT IS ONLY IF THESE POSSIBILITIES ARE SEEN TO BE INADEQUATE THAT THE PROCEDURE FOR COMPETITIONS ON THE BASIS EITHER OF QUALIFICATIONS OR OF TESTS OR OF BOTH QUALIFICATIONS AND TESTS MAY BE FOLLOWED .
B.N.O. Walrave and L.J.N. Koch v Association Union cycliste internationale, Koninklijke Nederlandsche Wielren Unie and Federación Española Ciclismo.
Date: 1974-12-12
4 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 .
5 WHEN SUCH ACTIVITY HAS THE CHARACTER OF GAINFUL EMPLOYMENT OR REMUNERATED SERVICE IT COMES MORE PARTICULARLY WITHIN THE SCOPE, ACCORDING TO THE CASE, OF ARTICLES 48 TO 51 OR 59 TO 66 OF THE TREATY .
8 THIS PROHIBITION HOWEVER DOES NOT AFFECT THE COMPOSITION OF SPORT TEAMS, IN PARTICULAR NATIONAL TEAMS, THE FORMATION OF WHICH IS A QUESTION OF PURELY SPORTING INTEREST AND AS SUCH HAS NOTHING TO DO WITH ECONOMIC ACTIVITY .
17 PROHIBITION OF SUCH DISCRIMINATION DOES NOT ONLY APPLY TO THE ACTION OF PUBLIC AUTHORITIES BUT EXTENDS LIKEWISE TO RULES OF ANY OTHER NATURE AIMED AT REGULATING IN A COLLECTIVE MANNER GAINFUL EMPLOYMENT AND THE PROVISION OF SERVICES .
18 THE ABOLITION AS BETWEEN MEMBER STATES OF OBSTACLES TO FREEDOM OF MOVEMENT FOR PERSONS AND TO FREEDOM TO PROVIDE SERVICES, WHICH ARE FUNDAMENTAL OBJECTIVES OF THE COMMUNITY CONTAINED IN ARTICLE 3 ( C ) OF THE TREATY, WOULD BE COMPROMISED IF THE ABOLITION OF BARRIERS OF NATIONAL ORIGIN COULD BE NEUTRALIZED BY OBSTACLES RESULTING FROM THE EXERCISE OF THEIR LEGAL AUTONOMY BY ASSOCIATIONS OR ORGANIZATIONS WHICH DO NOT COME UNDER PUBLIC LAW .
23 THE ACTIVITIES REFERRED TO IN ARTICLE 59 ARE NOT TO BE DISTINGUISHED BY THEIR NATURE FROM THOSE IN ARTICLE 48, BUT ONLY BY THE FACT THAT THEY ARE PERFORMED OUTSIDE THE TIES OF A CONTRACT OF EMPLOYMENT .
24 THIS SINGLE DISTINCTION CANNOT JUSTIFY A MORE RESTRICTIVE INTERPRETATION OF THE SCOPE OF THE FREEDOM TO BE ENSURED .
P.J. van der Hulst's Zonen v Produktschap voor Siergewassen.
Date: 1975-01-23
26 FOR THIS REASON IT IS FIRST OF ALL NECESSARY TO CONSIDER WHETHER A SET OF REGULATIONS SUCH AS THOSE UNDER REVIEW IS COMPATIBLE WITH REGULATION NO 234/68 HAVING REGARD NOT ONLY TO THE EXPRESS PROVISIONS OF THE LEGISLATION BUT ALSO TO ITS AIMS AND OBJECTS .
27 REGULATION NO 234/68 CONTAINS NO REFERENCE, EITHER IN POSITIVE OR IN NEGATIVE TERMS, TO THE COMPATIBILITY OR OTHERWISE OF NATIONAL REGULATIONS, PRESENT OR FUTURE, WITH THE COMMON MARKET ORGANIZATION ESTABLISHED BY ITS PROVISIONS .
28 CONSIDERATION MUST THEREFORE BE GIVEN TO THE QUESTION WHETHER THE EXISTENCE OF A NATIONAL INTERVENTION MECHANISM, SUCH AS THAT ESTABLISHED BY THE NETHERLANDS REGULATIONS, IS OF SUCH A NATURE AS TO UNDERMINE THE AIMS AND OBJECTS OF REGULATION NO 234/68 .
34 IN THIS CONTEXT, THE PROHIBITIONS AGAINST DISCRIMINATION WHICH REQUIRE TO BE CONSIDERED ARE THE OUTCOME, FIRST, OF THE PRINCIPLE UNDERLYING ARTICLE 95 OF THE TREATY CONCERNING INTERNAL TAXATION AND, SECOND, OF THE PROVISION IN THE SECOND PARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY UNDER WHICH COMMON ORGANIZATIONS OF THE AGRICULTURAL MARKETS SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY .
Auditeur du travail v Jean-Pierre Cagnon and Jean-Paul Taquet.
Date: 1975-02-18
10 AS A RESULT THE PHRASE 'SHALL HAVE HAD ... A ... REST PERIOD' IN THE FIRST PARAGRAPH OF ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 MUST BE INTERPRETED AS MEANING THAT THE PROVISIONS ON DAILY REST MUST BE OBSERVED BOTH BY CREW MEMBERS THEMSELVES, WHO ARE REQUIRED TO STOP ALL ACTIVITIES REFERRED TO IN ARTICLE 14 OF THE REGULATION FOR THE MINIMUM PERIOD LAID DOWN, AND BY THE EMPLOYER RUNNING A ROAD TRANSPORT UNDERTAKING, WHO IS REQUIRED TO TAKE THE NECESSARY MEASURES TO PERMIT THE CREW MEMBERS TO HAVE THE DAILY REST PERIOD LAID DOWN .
Commission of the European Communities v the Federal Republic of Germany.
Date: 1975-02-20
8 THE GERMAN LEGISLATION ON VINE PRODUCTS PROVIDES THAT THE APPELLATIONS 'SEKT' AND 'WEINBRAND' SHALL DESCRIBE PRODUCTS ORIGINATING IN THE FEDERAL REPUBLIC OF GERMANY OR COMING FROM OTHER COUNTRIES THROUGHOUT THE WHOLE OF WHICH GERMAN IS AN OFFICIAL LANGUAGE .
AN AREA OF ORIGIN WHICH IS DEFINED ON THE BASIS EITHER OF THE EXTENT OF NATIONAL TERRITORY OR A LINGUISTIC CRITERION CANNOT CONSTITUTE A GEOGRAPHICAL AREA WITHIN THE MEANING REFERRED TO ABOVE, CAPABLE OF JUSTIFYING AN INDICATION OF ORIGIN, PARTICULARLY AS THE PRODUCTS IN QUESTION MAY BE PRODUCED FROM GRAPES OF INDETERMINATE ORIGIN .
IN THIS INSTANCE, IT IS NOT DISPUTED THAT THE AREA OF ORIGIN REFERRED TO BY THE LEGISLATION ON VINE PRODUCTS DOES NOT SHOW HOMOGENEOUS NATURAL FEATURES WHICH DISTINGUISH IT IN CONTRAST TO ADJACENT AREAS, AS THE NATURAL CHARACTERISTICS OF THE BASIC PRODUCTS USED IN THE MANUFACTURE OF THE PRODUCTS IN QUESTION DO NOT NECESSARILY CORRESPOND TO THE LINE OF THE NATIONAL FRONTIER .
THE GERMAN GOVERNMENT MAINTAINS, HOWEVER, THAT THE PRODUCTS COVERED BY THE APPELLATIONS 'SEKT' AND 'WEINBRAND' ARE CLEARLY DISTINGUISHED FROM ALL OTHER PRODUCTS AS A RESULT OF THE PARTICULAR METHOD OF MANUFACTURE USED IN GERMANY WHICH CONFERS ON THEM A TYPICAL FLAVOUR, WHICH IS MOREOVER BROUGHT OUT IN 'PRAEDIKATSSEKT' BY THE REQUIRED MINIMUM CONTENT OF GERMAN GRAPES .
Jeanne Airola v Commission of the European Communities.
Date: 1975-02-20
8 THE OBJECT OF THE EXPATRIATION ALLOWANCE IS TO COMPENSATE OFFICIALS FOR THE EXTRA EXPENSE AND INCONVENIENCE OF TAKING UP EMPLOYMENT WITH THE COMMUNITIES AND BEING THEREBY OBLIGED TO CHANGE THEIR RESIDENCE .
W. Cadsky SpA v Istituto nazionale per il Commercio Estero.
Date: 1975-02-26
8 EVEN IF THE MAINTENANCE OF THE REPUTATION OF FRUIT AND VEGETABLE PRODUCTS OF A MEMBER STATE BY THE INDIRECT EXPEDIENT OF A CERTIFICATE OF INSPECTION AND THE AFFIXING OF A NATIONAL EXPORT STAMP IS CAPABLE OF ENCOURAGING EXPORTS OF NATIONAL PRODUCTS, THIS BENEFIT RELATES TO THE GENERAL INTEREST OF ALL EXPORTERS, SO THAT THE INDIVIDUAL INTEREST OF EACH OF THEM IS SO ILL-DEFINED THAT A CHARGE IMPOSED IN PAYMENT FOR THIS INSPECTION CANNOT BE REGARDED AS CONSIDERATION FOR A SPECIFIC BENEFIT ACTUALLY AND INDIVIDUALLY CONFERRED .
10 ARTICLE 38 ( 2 ) OF THE TREATY PROVIDES THAT, SAVE AS OTHERWISE PROVIDED IN ARTICLES 39 TO 46, THE RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET SHALL APPLY TO AGRICULTURAL PRODUCTS .
SINCE THESE ARTICLES DO NOT PROVIDE FOR EXCEPTIONS TO ARTICLE 16 OF THE TREATY, THE PROHIBITION OF CUSTOMS DUTIES ON EXPORTS AND OF CHARGES HAVING EQUIVALENT EFFECT HAS APPLIED TO ALL PRODUCTS, WITH DIRECT EFFECT, AS FROM 1 JANUARY 1962 .
Carmelo Angelo Bonsignore v Oberstadtdirektor der Stadt Köln.
Date: 1975-02-26
6 WITH THIS IN VIEW, ARTICLE 3 OF THE DIRECTIVE PROVIDES THAT MEASURES ADOPTED ON GROUNDS OF PUBLIC POLICY AND FOR THE MAINTENANCE OF PUBLIC SECURITY AGAINST THE NATIONALS OF MEMBER STATES OF THE COMMUNITY CANNOT BE JUSTIFIED ON GROUNDS EXTRANEOUS TO THE INDIVIDUAL CASE, AS IS SHOWN IN PARTICULAR BY THE REQUIREMENT SET OUT IN PARAGRAPH ( 1 ) THAT 'ONLY' THE 'PERSONAL CONDUCT' OF THOSE AFFECTED BY THE MEASURES IS TO BE REGARDED AS DETERMINATIVE .
AS DEPARTURES FROM THE RULES CONCERNING THE FREE MOVEMENT OF PERSONS CONSTITUTE EXCEPTIONS WHICH MUST BE STRICTLY CONSTRUED, THE CONCEPT OF 'PERSONAL CONDUCT' EXPRESSES THE REQUIREMENT THAT A DEPORTATION ORDER MAY ONLY BE MADE FOR BREACHES OF THE PEACE AND PUBLIC SECURITY WHICH MIGHT BE COMMITTED BY THE INDIVIDUAL AFFECTED .
7 THE REPLY TO THE QUESTIONS REFERRED SHOULD THEREFORE BE THAT ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221 PREVENTS THE DEPORTATION OF A NATIONAL OF A MEMBER STATE IF SUCH DEPORTATION IS ORDERED FOR THE PURPOSE OF DETERRING OTHER ALIENS, THAT IS, IF IT IS BASED, IN THE WORDS OF THE NATIONAL COURT, ON REASONS OF A 'GENERAL PREVENTIVE NATURE '.
Porrini and others v European Atomic Energy Community and Comont SpA and Bellintani and others v European Atomic Energy Community and Cemi SpA.
Date: 1975-03-11
5 THE FIRST QUESTION IS WHETHER, IN THESE CIRCUMSTANCES, ARTICLE 152 OF THE EAEC TREATY MUST BE TAKEN AS MEANING THAT DISPUTES BETWEEN THE COMMUNITY AND INDIVIDUALS WHO, THOUGH NOT ITS SERVANTS, NEVERTHELESS CLAIM TO BE SO, COME WITHIN THE JURISDICTION OF THE COURT OF JUSTICE . 6 ARTICLE 152 PROVIDES AS FOLLOWS : 'THE COURT OF JUSTICE SHALL HAVE JURISDICTION IN ANY DISPUTE BETWEEN THE COMMUNITY AND ITS SERVANTS WITHIN THE LIMITS AND UNDER THE CONDITIONS LAID DOWN IN THE STAFF REGULATIONS OR THE CONDITIONS OF EMPLOYMENT '.
7 THE STAFF REGULATIONS COVER 'OFFICIALS' APPOINTED UNDER THE CONDITIONS PROVIDED FOR THEREIN .
15 IN VIEW OF THE ANSWER TO THE FIRST QUESTION, THE REPLY TO THE SECOND MUST BE THAT THE BASIS OF THE SERVICE RELATIONSHIP BETWEEN THE COMMUNITY AND ITS OFFICIALS OR SERVANTS OTHER THAN LOCAL STAFF CANNOT RESIDE IN A DECISION OF A NATIONAL COURT .
Deuka, Deutsche Kraftfutter GmbH, B. J. Stolp v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1975-03-18
9 WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY, BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWER .
THE ALLEGATIONS OF THE PLAINTIFF IN THE MAIN ACTION HAVE REVEALED NO INDICATION OF SUCH AN ERROR OR SUCH A MISUSE OF POWER . IT IS NOT IN DISPUTE THAT AT THE TIME OF THE MEASURE IN QUESTION THERE EXISTED ON THE MARKET A CERTAIN TENSION AS REGARDS THE SUPPLY OF CEREALS OF BREAD-MAKING QUALITY BELONGING TO THE TYPE OF GOODS THE DENATURING OF WHICH GAVE RISE TO PAYMENT OF AN INCREASED PREMIUM UNDER ARTICLE 4 ( 2 ) AND ANNEX II OF REGULATION NO 1403/69 . IN THE CHOICE OF MEANS FOR THE PURPOSE OF DEALING WITH THE SITUATION, THE COMMISSION WAS ENTITLED TO PREFER THE DISCONTINUANCE OF AN INCREASE IN THE PREMIUM RATHER THAN A MODIFICATION OF THE AMOUNT OF THE BASIC PREMIUM OR, AS WAS SUGGESTED BY THE PLAINTIFF IN THE MAIN ACTION, FAVOURING THE IMPORTATION OF GOODS OF THE SAME TYPE FROM THIRD COUNTRIES .
Fabrizio Gillet v Commission of the European Communities.
Date: 1975-03-19
4 NEVERTHELESS THE LEGAL LINK BETWEEN AN OFFICIAL AND THE ADMINISTRATION IS BASED UPON THE STAFF REGULATIONS AND NOT UPON A CONTRACT .
5 AN OFFICIAL CANNOT IN ANY CASE CLAIM A VESTED RIGHT UNLESS THE FACTS GIVING RISE TO THAT RIGHT AROSE UNDER A PARTICULAR SET OF STAFF REGULATIONS PRIOR TO THE AMENDMENT DECIDED UPON BY THE COMMUNITY AUTHORITY .
6 THE VALIDITY OF A TRANSITIONAL PROVISION CONCERNING THE FINANCIAL RIGHTS OF AN OFFICIAL WHO TERMINATES HIS SERVICE AFTER BEING BROUGHT UNDER A NEW SCHEME OF REGULATIONS INTENDED TO PREVENT THE OFFICIAL FROM FINDING HIMSELF FINANCIALLY IN A LESS FAVOURABLE POSITION THAN HE WOULD HAVE BEEN IN IF HE HAD LEFT THE SERVICE BEFORE THE NEW SYSTEM HAD ENTERED INTO FORCE CANNOT BE PUT IN QUESTION .
Comptoir national technique agricole (CNTA) SA v Commission of the European Communities.
Date: 1975-05-14
4 THE ALLEGED DEFECTS HAVE NOT BEEN SUCH AS TO PREVENT THE COMMISSION FROM EFFECTIVELY DEFENDING ITS INTERESTS OR TO HINDER THE COURT IN THE EXERCISE OF ITS JUDICIAL REVIEW, AND THE APPLICANT HAS MOREOVER PROVIDED ALL RELEVANT INFORMATION DURING THE PROCEEDINGS .
39 THE CONDITIONS GOVERNING THE APPLICATION AND ABOLITION OF THE SYSTEM OF COMPENSATORY AMOUNTS IN A SPECIFIC SECTOR DO NOT TAKE INTO ACCOUNT THE INDIVIDUAL SITUATIONS OF TRADERS AND DO NOT GUARANTEE TO THEM A CONTINUOUS APPLICATION OF THE SYSTEM .
44 IN THE ABSENCE OF AN OVERRIDING MATTER OF PUBLIC INTEREST, THE COMMISSION HAS VIOLATED A SUPERIOR RULE OF LAW, THUS RENDERING THE COMMUNITY LIABLE, BY FAILING TO INCLUDE IN REGULATION NO 189/72 TRANSITIONAL MEASURES FOR THE PROTECTION OF THE CONFIDENCE WHICH A TRADER MIGHT LEGITIMATELY HAVE HAD IN THE COMMUNITY RULES .
Nederlandse Vereniging voor de fruit- en groentenimporthandel, Nederlandse Bond van grossiers in zuidvruchten en ander geimporteerd fruit "Frubo" v Commission of the European Communities and Vereniging de Fruitunie.
Date: 1975-05-15
24 THE AGREEMENT DID, IN FACT, HAVE THE BENEFICIAL EFFECT OF CONCENTRATING THE SUPPLY OF AND DEMAND FOR FRUIT IMPORTED FROM THIRD COUNTRIES IN THE ROTTERDAM IMPORT AUCTIONS AND THUS OF ENSURING THE STABILITY OF THE MARKET, THE AVAILABILITY OF SUPPLIES AND THEIR REACHING CONSUMERS AT REASONABLE PRICES .
25 THE EXCEPTION PROVIDED FOR UNDER ARTICLE 2 ( 1 ) OF REGULATION NO 26, HOWEVER, APPLIES ONLY TO AGREEMENTS 'NECESSARY FOR ATTAINMENT OF THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY '.
26 THE APPLICANTS HAVE NOT SHOWN IN WHAT RESPECT THEIR AGREEMENT, WHICH IS CONCERNED WITH PRODUCTS COMING FROM THIRD COUNTRIES, CAN BE NECESSARY TO 'INCREASE AGRICULTURAL PRODUCTIVITY' OR TO 'ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY', AS THE FIRST TWO OBJECTIVES OF THE COMMON AGRICULTURAL POLICY ARE EXPRESSED .
30 ARTICLE 85 ( 1 ) APPLIES TO ASSOCIATIONS IN SO FAR AS THEIR OWN ACTIVITIES OF THOSE OF THE UNDERTAKINGS BELONGING TO THEM ARE CALCULATED TO PRODUCE THE RESULTS TO WHICH IT REFERS .