larimo/cjeu-paragraph-retrieval huggingface dataset:
Alain-Pierre Allo and others v Commission of the European Communities.
Date: 1986-09-30
19 IT MUST BE BORNE IN MIND THAT IN ANY EVENT AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY WHERE THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . IN THIS CASE , A DEBT OF A CERTAIN OR ASCERTAINABLE AMOUNT CAME INTO BEING ONLY WITH THE ENTRY INTO FORCE OF REGULATION NO 3139/82 .
20 THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION . NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . ALTHOUGH IN ITS AFORESAID JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 THE COURT HELD THAT THE COUNCIL MUST , IN THE EXERCISE OF ITS DISCRETION , TAKE CERTAIN FACTORS INTO CONSIDERATION , IT DID NOT , CONTRARY TO THE APPLICANTS '  ASSERTION , EITHER DETERMINE THE AMOUNTS WHICH WERE ACTUALLY PAYABLE TO OFFICIALS AND OTHER SERVANTS PURSUANT TO ARTICLE 65 OF THE STAFF REGULATIONS OR ESTABLISH THE OBJECTIVE CRITERIA ENABLING THOSE AMOUNTS TO BE DETERMINED SUFFICIENTLY PRECISELY .
P. Agostini and others v Commission of the European Communities.
Date: 1986-09-30
19 IT MUST BE BORNE IN MIND THAT IN ANY EVENT AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY WHERE THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . IN THIS CASE , A DEBT OF A CERTAIN OR ASCERTAINABLE AMOUNT CAME INTO BEING ONLY WITH THE ENTRY INTO FORCE OF REGULATION NO 3139/82 .
20 THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION . NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . ALTHOUGH IN ITS AFORESAID JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 THE COURT HELD THAT THE COUNCIL MUST , IN THE EXERCISE OF ITS DISCRETION , TAKE CERTAIN FACTORS INTO CONSIDERATION , IT DID NOT , CONTRARY TO THE APPLICANTS '  ASSERTION , EITHER DETERMINE THE AMOUNTS WHICH WERE ACTUALLY PAYABLE TO OFFICIALS AND OTHER SERVANTS PURSUANT TO ARTICLE 65 OF THE STAFF REGULATIONS OR ESTABLISH THE OBJECTIVE CRITERIA ENABLING THOSE AMOUNTS TO BE DETERMINED SUFFICIENTLY PRECISELY .
J. P. Ambrosetti and others v Commission of the European Communities.
Date: 1986-09-30
19 IT MUST BE BORNE IN MIND THAT IN ANY EVENT AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY WHERE THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . IN THIS CASE , A DEBT OF A CERTAIN OR ASCERTAINABLE AMOUNT CAME INTO BEING ONLY WITH THE ENTRY INTO FORCE OF REGULATION NO 3139/82 .
20 THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION . NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . ALTHOUGH IN ITS AFORESAID JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 THE COURT HELD THAT THE COUNCIL MUST , IN THE EXERCISE OF ITS DISCRETION , TAKE CERTAIN FACTORS INTO CONSIDERATION , IT DID NOT , CONTRARY TO THE APPLICANTS '  ASSERTION , EITHER DETERMINE THE AMOUNTS WHICH WERE ACTUALLY PAYABLE TO OFFICIALS AND OTHER SERVANTS PURSUANT TO ARTICLE 65 OF THE STAFF REGULATIONS OR ESTABLISH THE OBJECTIVE CRITERIA ENABLING THOSE AMOUNTS TO BE DETERMINED SUFFICIENTLY PRECISELY .
René Delhez and others v Commission of the European Communities.
Date: 1986-09-30
20 IT MUST BE BORNE IN MIND THAT IN ANY EVENT AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY WHERE THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . IN THIS CASE , A DEBT OF A CERTAIN OR ASCERTAINABLE AMOUNT CAME INTO BEING ONLY WITH THE ENTRY INTO FORCE OF REGULATION NO 3139/82 .
21 THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION . NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . ALTHOUGH IN ITS AFORESAID JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 THE COURT HELD THAT THE COUNCIL MUST , IN THE EXERCISE OF ITS DISCRETION , TAKE CERTAIN FACTORS INTO CONSIDERATION , IT DID NOT , CONTRARY TO THE APPLICANTS '  ASSERTION , EITHER DETERMINE THE AMOUNTS WHICH WERE ACTUALLY PAYABLE TO OFFICIALS AND OTHER SERVANTS PURSUANT TO ARTICLE 65 OF THE STAFF REGULATIONS OR ESTABLISH THE OBJECTIVE CRITERIA ENABLING THOSE AMOUNTS TO BE DETERMINED SUFFICIENTLY PRECISELY .
Gerhardus Leussink and others v Commission of the European Communities.
Date: 1986-10-08
18 THE INFORMATION PROVIDED TO THE COURT JUSTIFIES THE FINDING THAT THE EXTREMELY SERIOUS INJURIES SUSTAINED BY MR LEUSSINK HAVE HAD CONSEQUENCES WHICH WERE NOT ONLY ECONOMIC , PARTICULARLY AS FAR AS HIS FAMILY AND SOCIAL RELATIONSHIPS ARE CONCERNED . SUCH CONSEQUENCES CONSTITUTE NON-MATERIAL DAMAGE GIVING RISE TO ENTITLEMENT TO COMPENSATION . NONE OF THE DOCUMENTS LAID BEFORE THE COURT CAST DOUBT ON THE EXISTENCE OF A CAUSAL LINK BETWEEN THE ACCIDENT AND THAT INJURY . AS FAR AS MR LEUSSINK ' S APPLICATION IS CONCERNED , IT THEREFORE MERELY REMAINS TO CONSIDER WHETHER , AND IF SO TO WHAT EXTENT , THE BENEFITS PAID UNDER THE INSURANCE SCHEME PROVIDED FOR BY THE STAFF REGULATIONS CONSTITUTE APPROPRIATE COMPENSATION .
19 AS THE COURT HAS HELD IN ITS JUDGMENT OF 2 OCTOBER 1979 IN CASE 152/77 MISS B V COMMISSION ( 1979 ) ECR 2819 , PSYCHOLOGICAL AND NON-PHYSICAL CONSEQUENCES MUST BE TAKEN INTO ACCOUNT WHEN DETERMINING THE RATE OF INVALIDITY UNDER THE INSURANCE SCHEME PROVIDED FOR BY THE STAFF REGULATIONS . A BREAKDOWN OF THE RATE OF INVALIDITY ( 75% ) SHOWS THAT THIS WAS INDEED DONE IN THIS CASE . BESIDES THE PERCENTAGES ADOPTED FOR THE IMPAIRMENT OF MR LEUSSINK ' S HEARING , SENSE OF SMELL AND SENSE OF TASTE , A RATE OF 10% WAS FIXED FOR PSYCHOLOGICAL AND NON-PHYSICAL INJURY . THAT RATE CORRESPONDS TO COMPENSATION OF ALMOST BFR 1 000 000 .
20 HOWEVER , IN VIEW OF THE EXTREME GRAVITY OF THE NON-ECONOMIC CONSEQUENCES WHICH THE ACCIDENT HAS HAD FOR MR LEUSSINK , THE COURT CONSIDERS IT EQUITABLE TO AWARD HIM ADDITIONAL COMPENSATION OF BFR 2 000 000 TOGETHER WITH INTEREST THEREON AT THE RATE OF 8% PER ANNUM FROM THE COMMENCEMENT OF THE ACTION ON 23 MAY 1984 .
SA Nicolas Corman et fils v Office belge de l'économie et de l'agriculture (OBEA).
Date: 1986-10-08
18 THE COMMISSION POINTS TO VARIOUS DECISIONS OF THE COURT . THUS , IT ARGUES , THE COURT HELD , IN RELATION TO THE CLEARANCE OF ACCOUNTS , THAT IT WAS NECESSARY TO APPLY THE COMMUNITY PROVISIONS STRICTLY WITHOUT CONSIDERING THE ACTUAL EFFECTIVENESS AND VALUE OF MEASURES ADOPTED WHICH WERE COMPARABLE BUT NOT IDENTICAL TO THOSE LAID DOWN IN THE COMMUNITY PROVISIONS ( JUDGMENT OF 14 JANUARY 1981 IN CASE 819/79 GERMANY V COMMISSION ( 1981 ) ECR 21 ), AND HAS REJECTED A BROAD INTERPRETATION OF THE APPLICABLE PROVISIONS WHERE SUCH AN INTERPRETATION MAY PLACE TRADERS IN OTHER MEMBER STATES AT AN ADVANTAGE ( JUDGMENTS OF 7 FEBRUARY 1979 IN CASE 11/76 NETHERLANDS V COMMISSION ( 1979 ) ECR 245 , IN PARTICULAR PARAGRAPH 9 OF THE DECISION , AT P . 279 , AND IN CASE 18/76 GERMANY V COMMISSION ( 1979 ) ECR 343 , IN PARTICULAR PARAGRAPH 8 OF THE DECISION , AT P . 384 ).
Staatsanwaltschaft Freiburg v Franz Keller.
Date: 1986-10-08
8 HOWEVER , AS THE COURT HAS HELD , THE FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION IS PART OF THE GENERAL PRINCIPLES OF LAW , THE OBSERVANCE OF WHICH IT ENSURES . JUST AS , IN THE PUBLIC INTEREST , LIMITATIONS ARE LAID DOWN ON THE EXERCISE OF THAT RIGHT BY THE MEMBER STATES , IT IS PROTECTED WITHIN THE COMMUNITY LEGAL ORDER ONLY SUBJECT TO THE LIMITS JUSTIFIED BY THE GENERAL OBJECTIVES PURSUED BY THE COMMUNITY , ON CONDITION THAT THE SUBSTANCE OF THE RIGHT IS LEFT UNTOUCHED ( SEE THE COURT ' S JUDGMENT OF 14 MAY 1974 IN CASE 4/73 J . NOLD V COMMISSION ( 1974 ) ECR 491 AT PP . 507 AND 508 ).
Commission of the European Communities v Italian Republic.
Date: 1986-10-15
9 THE ITALIAN GOVERNMENT ADDS THAT SINCE THE DIRECTLY APPLICABLE PROVISIONS OF THE TREATY TAKE THE PLACE OF NATIONAL LEGAL RULES WHICH ARE INCOMPATIBLE WITH THEM , IT WOULD BE POINTLESS AND BURDENSOME TO UNDERTAKE A FORMAL REPEAL OR AMENDMENT OF ALL SUCH NATIONAL PROVISIONS ; IN TIME , EVERY CITIZEN OF THE COMMUNITY WILL KNOW FOR CERTAIN WHAT RIGHTS HE MAY ASSERT IN MEMBER STATES OTHER THAN THAT OF WHICH HE IS A NATIONAL . CONSEQUENTLY , THE FACT THAT SUCH NATIONAL LEGISLATION IS NOT EXPRESSLY REPEALED CAN NO LONGER HAVE THE EFFECT OF MAINTAINING A SITUATION OF LEGAL UNCERTAINTY .
11 IT MUST BE OBSERVED IN THAT REGARD THAT DIRECTLY APPLICABLE PROVISIONS OF THE TREATY ARE BINDING ON ALL THE AUTHORITIES OF THE MEMBER STATES AND THEY MUST THEREFORE COMPLY WITH THEM WITHOUT ITS BEING NECESSARY TO ADOPT NATIONAL IMPLEMENTING PROVISIONS . HOWEVER , AS THE COURT HELD IN ITS JUDGMENT OF 20 MARCH 1986 IN CASE 72/85 ( COMMISSION V NETHERLANDS ( 1986 ) ECR 1219 ), THE RIGHT OF INDIVIDUALS TO RELY ON DIRECTLY APPLICABLE PROVISIONS OF THE TREATY BEFORE NATIONAL COURTS IS ONLY A MINIMUM GUARANTEE AND IS NOT SUFFICIENT IN ITSELF TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF THE TREATY . IT IS CLEAR FROM PREVIOUS JUDGMENTS OF THE COURT , IN PARTICULAR ITS JUDGMENT OF 25 OCTOBER 1979 , CITED ABOVE , THAT IF A PROVISION OF NATIONAL LAW THAT IS INCOMPATIBLE WITH A PROVISION OF THE TREATY , EVEN ONE DIRECTLY APPLICABLE IN THE LEGAL ORDER OF THE MEMBER STATES , IS RETAINED UNCHANGED , THIS CREATES AN AMBIGUOUS STATE OF AFFAIRS BY KEEPING THE PERSONS CONCERNED IN A STATE OF UNCERTAINTY AS TO THE POSSIBILITY OF RELYING ON COMMUNITY LAW AND THAT MAINTAINING SUCH A PROVISION IN FORCE THEREFORE AMOUNTS TO A FAILURE BY THE STATE IN QUESTION TO COMPLY WITH ITS OBLIGATIONS UNDER THE TREATY .
13 FURTHERMORE , THAT ARGUMENT IS ILL-FOUNDED . THE INCOMPATIBILITY OF NATIONAL LEGISLATION WITH PROVISIONS OF THE TREATY , EVEN PROVISIONS WHICH ARE DIRECTLY APPLICABLE , CAN BE FINALLY REMEDIED ONLY BY MEANS OF NATIONAL PROVISIONS OF A BINDING NATURE WHICH HAVE THE SAME LEGAL FORCE AS THOSE WHICH MUST BE AMENDED . AS THE COURT HAS CONSISTENTLY HELD WITH REGARD TO THE IMPLEMENTATION OF DIRECTIVES BY THE MEMBER STATES , MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE ARE ALTERABLE AT WILL BY THE AUTHORITIES AND ARE NOT GIVEN THE APPROPRIATE PUBLICITY , CANNOT BE REGARDED AS CONSTITUTING THE PROPER FULFILMENT OF OBLIGATIONS UNDER THE TREATY .
A. J. M. van Roosmalen v Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen.
Date: 1986-10-23
18 WITH REGARD TO THE INTERPRETATION OF THE EXPRESSION ' SELF-EMPLOYED PERSON ' , IT MUST FIRST BE POINTED OUT THAT INITIALLY THE PROVISIONS OF REGULATION NO 1408/71 , ADOPTED FOR THE IMPLEMENTATION OF ARTICLE 51 OF THE TREATY , APPLIED ONLY TO THOSE WHO WERE COVERED BY THE TERM ' EMPLOYED PERSON ' . ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , ' EMPLOYED PERSON '  IS A TERM OF COMMUNITY LAW RATHER THAN NATIONAL LAW AND MUST BE INTERPRETED BROADLY , HAVING REGARD TO THE OBJECTIVE OF ARTICLE 51 , WHICH IS TO CONTRIBUTE TOWARDS THE ESTABLISHMENT OF THE GREATEST POSSIBLE FREEDOM OF MOVEMENT FOR MIGRANT WORKERS , AN OBJECTIVE WHICH IS ONE OF THE FOUNDATIONS OF THE COMMUNITY .
20 SINCE REGULATION NO 1390/81 WAS ADOPTED IN ORDER TO ACHIEVE THE SAME OBJECTIVES AS REGULATION NO 1408/71 , THE CONCEPT OF ' SELF-EMPLOYED PERSON '  IS INTENDED TO GUARANTEE TO SUCH PERSONS THE SAME PROTECTION AS IS ACCORDED TO EMPLOYED PERSONS AND MUST THEREFORE BE INTERPRETED BROADLY .
30 SINCE THE DECISIVE CRITERION FOR THE APPLICABILITY OF REGULATION NO 1408/71 IS THE FACT THAT THE INSURED PERSON IS AFFILIATED TO A SOCIAL SECURITY SCHEME IN A MEMBER STATE , IT IS OF NO IMPORTANCE WHETHER OR NOT HE PURSUED HIS ACTIVITIES EXCLUSIVELY OUTSIDE THE TERRITORY OF THE MEMBER STATES OF THE COMMUNITY .
Hartmut Schwiering v Court of Auditors of the European Communities.
Date: 1986-10-23
11 IT MUST BE RECALLED IN THE FIRST PLACE , IN REPLY TO THAT OBSERVATION OF THE COURT OF AUDITORS , THAT ACCORDING TO A PRINCIPLE CONSISTENTLY UPHELD BY THE COURT , BASED ON THE NEED TO ENSURE THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION CONCERNED HAS NO POWER TO ANNUL OR AMEND A DECISION TAKEN BY A SELECTION BOARD ( JUDGMENT OF 14 JUNE 1972 IN CASE 44/71 MARCATO V COMMISSION ( 1972 ) ECR 427 ; JUDGMENT OF 26 FEBRUARY 1981 IN CASE 34/80 AUTHIE V COMMISSION ( 1981 ) ECR 655 ; JUDGMENT OF 14 JULY 1983 IN CASE 144/82 DETTI V COURT OF JUSTICE ( 1983 ) ECR 2421 ).
12 HOWEVER , IN EXERCISING ITS OWN POWERS , THE APPOINTING AUTHORITY IS REQUIRED TO TAKE DECISIONS WHICH ARE FREE OF IRREGULARITIES . IT CANNOT THEREFORE BE BOUND BY DECISIONS OF A SELECTION BOARD WHERE THE ILLEGALITY OF THOSE DECISIONS IS LIABLE TO VITIATE ITS OWN DECISIONS .
18 AS THE COURT HELD IN ITS JUDGMENT OF 28 MAY 1980 IN JOINED CASES 33 AND 75/79 KUHNER V COMMISSION ( 1980 ) ECR 1677 AND ITS JUDGMENT OF 9 DECEMBER 1982 IN CASE 191/81 PLUG V COMMISSION ( 1982 ) ECR 4229 , ALTHOUGH THE DUTY OF THE ADMINISTRATION TO LOOK AFTER THE WELL-BEING OF ITS OFFICIALS , WHICH ALSO APPLIES TO SELECTION BOARDS , IS NOT MENTIONED IN THE STAFF REGULATIONS , IT REFLECTS THE BALANCE OF THE RECIPROCAL RIGHTS AND OBLIGATIONS ESTABLISHED BY THE STAFF REGULATIONS IN THE RELATIONSHIP BETWEEN THE OFFICIAL AUTHORITY AND THE CIVIL SERVANTS . A PARTICULAR CONSEQUENCE OF THIS DUTY AND OF ITS PRINCIPLE OF GOOD ADMINISTRATION IS THAT WHEN THE OFFICIAL AUTHORITY TAKES A DECISION CONCERNING THE SITUATION OF AN OFFICIAL IT SHOULD TAKE INTO CONSIDERATION ALL THE FACTORS WHICH MAY AFFECT ITS DECISION AND THAT WHEN DOING SO IT SHOULD TAKE INTO ACCOUNT NOT ONLY THE INTERESTS OF THE SERVICE BUT ALSO THOSE OF THE OFFICIAL CONCERNED .
Volker Hoyer and others v Court of Auditors of the European Communities.
Date: 1986-10-23
12 IT MUST BE RECALLED IN THE FIRST PLACE , IN REPLY TO THAT OBSERVATION OF THE COURT OF AUDITORS , THAT , ACCORDING TO A PRINCIPLE CONSISTENTLY UPHELD BY THE COURT , BASED ON THE NEED TO ENSURE THE INDEPENDENCE OF SELECTION BOARDS , THE INSTITUTION CONCERNED HAS NO POWER TO ANNUL OR AMEND A DECISION TAKEN BY A SELECTION BOARD ( JUDGMENT OF 14 JUNE 1972 IN CASE 44/71 MARCATO V COMMISSION ( 1972 ) ECR 427 ; JUDGMENT OF 26 FEBRUARY 1981 IN CASE 34/80 AUTHIE V COMMISSION ( 1981 ) ECR 665 ; AND JUDGMENT OF 14 JULY 1983 IN CASE 144/82 DETTI V COURT OF JUSTICE ( 1983 ) ECR 2421 ).
13 HOWEVER , IN EXERCISING ITS OWN POWERS , THE APPOINTING AUTHORITY IS REQUIRED TO TAKE DECISIONS WHICH ARE FREE OF IRREGULARITIES . IT CANNOT THEREFORE BE BOUND BY DECISIONS OF A SELECTION BOARD WHERE THE ILLEGALITY OF THOSE DECISIONS IS LIABLE TO VITIATE ITS OWN DECISIONS .
British Leyland Public Limited Company v Commission of the European Communities.
Date: 1986-11-11
24 IT FOLLOWS FROM THE FOREGOING THAT BL ' S CONDUCT CAN ONLY BE CONSTRUED AS THE MANIFESTATION OF A DELIBERATE INTENTION ON ITS PART TO CREATE BARRIERS TO RE-IMPORTATIONS WHICH COME INTO COMPETITION WITH ITS APPROVED DISTRIBUTORS . THAT CONDUCT MUST THEREFORE BE REGARDED AS AN ABUSE OF A DOMINANT POSITION .

( C ) THE EXCESSIVE NATURE OF THE FEES
27 AS THE COURT HELD IN ITS JUDGMENT IN GENERAL MOTORS ( CITED ABOVE ), AN UNDERTAKING ABUSES ITS DOMINANT POSITION WHERE IT HAS AN ADMINISTRATIVE MONOPOLY AND CHARGES FOR ITS SERVICES FEES WHICH ARE DISPROPORTIONATE TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED .
Irish Grain Board (Trading) Limited (in liquidation) v Minister for Agriculture.
Date: 1986-11-11
12 IT IS OF NO IMPORTANCE IN THAT REGARD THAT THE FRAUDULENT ACTIVITIES WERE CARRIED ON BY THE IMPORTER SINCE UNDER AN AGREEMENT CONCLUDED PURSUANT TO ARTICLE 2 A OF REGULATION NO 974/71 THE MONETARY COMPENSATORY AMOUNT ON IMPORTS MUST BE PAID NOT BY THE IMPORTING MEMBER STATE BUT BY THE EXPORTING MEMBER STATE FOR THE BENEFIT OF EXPORTERS ACTING IN GOOD FAITH . IT SHOULD BE ADDED THAT IT IS OPEN TO THE EXPORTER TO ENSURE BY CONTRACTUAL MEANS THAT PURCHASERS DO NOT FRAUDULENTLY DIVERT THE PRODUCT FROM THE INTENDED PURPOSE SPECIFIED BY THE EXPORTER HIMSELF ON THE T 5 CONTROL COPY .
13 THE ANSWER TO THE FIRST QUESTION SUBMITTED TO THE COURT MUST THEREFORE BE THAT THE PROVISIONS OF COMMUNITY LAW GOVERNING THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS , IN PARTICULAR ARTICLES 11 AND 16 OF REGULATION NO 1380/75 , MUST BE INTERPRETED AS MEANING THAT THE EXPORTING MEMBER STATE WHICH HAS TO PAY THE MONETARY COMPENSATORY AMOUNTS THAT MUST BE GRANTED BY THE IMPORTING MEMBER STATE IS ENTITLED TO REFUSE PAYMENT WHERE THE PRODUCT IN QUESTION HAS NOT ENTERED THE IMPORTING MEMBER STATE FOR HOME USE OWING TO FRAUD ON THE PART OF THE PURCHASERS OF THE SAID PRODUCT , EVEN WHERE THE CUSTOMS FORMALITIES HAVE BEEN COMPLETED , APPROPRIATE T 5 FORMS HAVE BEEN ISSUED AND THE ' EXPORTER '  OR ' PERSON CONCERNED '  WITHIN THE MEANING OF THE REGULATIONS IN QUESTION AT ALL TIMES ACTED IN GOOD FAITH IN RELATION TO THE SAID TRANSACTION .

SECOND QUESTION
16 IT MUST BE EMPHASIZED IN THE FIRST PLACE THAT IT IS FOR THE ADMINISTRATION TO CONDUCT THAT INQUIRY WITH THE GREATEST POSSIBLE DILIGENCE IN ORDER TO DISPEL THE DOUBTS WHICH EXIST , AND SECONDLY THAT THE EXPORTER IS REQUIRED TO COOPERATE IN THE INQUIRY BY TRANSMITTING ALL SUCH INFORMATION AS HE IS ABLE TO FURNISH . IT IS ONLY WHERE SUCH AN INQUIRY HAS FAILED TO ESTABLISH THE USE TO WHICH THE PRODUCT IN QUESTION HAS BEEN PUT THAT THE MATTER OF THE BURDEN OF PROOF ARISES .
Direction générale des impôts and procureur de la République v Marie-Louise Forest, née Sangoy, and Minoterie Forest SA.
Date: 1986-11-25
14 AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 7 FEBRUARY 1984 ( CASE 237/83 JONGENEEL KAAS V NETHERLANDS ( 1984 ) ECR 483 ), WHERE A REGULATION EXISTS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURES WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT . IT IS CLEAR FROM THAT JUDGMENT , HOWEVER , THAT THE FACT THAT THE REGULATION IN QUESTION IS SILENT ON THE MATTER PROVIDES NO GROUND FOR THE CONCLUSION THAT MEMBER STATES MAY NO LONGER TAKE MEASURES IN THE SECTOR . ON THE CONTRARY , SINCE THE COMMUNITY LEGISLATURE HAS NOT ADOPTED RULES GOVERNING THE FLOUR-MILLING SECTOR , THE MEMBER STATES REMAIN COMPETENT TO TAKE SUCH MEASURES AS THEY CONSIDER APPROPRIATE TO IMPROVE STRUCTURES IN THAT SECTOR , SO LONG AS THEY OBSERVE THE MECHANISMS AND PRINCIPLES GOVERNING THE COMMON ORGANIZATION OF THE MARKET .
Marthe Klensch and others v Secrétaire d'État à l'Agriculture et à la Viticulture.
Date: 1986-11-25
8 UNDER ARTICLE 40 ( 3 ) OF THE EEC TREATY THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS TO BE ESTABLISHED IN THE CONTEXT OF THE COMMON AGRICULTURAL POLICY MUST ' EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY ' . THAT PROVISION COVERS ALL MEASURES RELATING TO THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , IRRESPECTIVE OF THE AUTHORITY WHICH LAYS THEM DOWN . CONSEQUENTLY , IT IS ALSO BINDING ON THE MEMBER STATES WHEN THEY ARE IMPLEMENTING THE SAID COMMON ORGANIZATION OF THE MARKETS .
9 THAT FINDING IS BORNE OUT BY A CONSISTENT LINE OF CASES ( JUDGMENTS OF 19 OCTOBER 1977 IN JOINED CASES 117/76 AND 16/77 RUCKDESCHEL & CO . AND HANSE LAGERHAUS STROH & CO . V HAUPTZOLLAMT HAMBURG-ST . ANNEN ( 1977 ) ECR 1753 , AND IN JOINED CASES 124/76 AND 20/77 SA MOULINS ET HUILERIES DE PONT-A-MOUSSON V ONIC ( 1977 ) ECR 1795 ), IN WHICH THE COURT HELD THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 40 ( 3 ) OF THE EEC TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .
10 CONSEQUENTLY , WHERE COMMUNITY RULES LEAVE MEMBER STATES TO CHOOSE BETWEEN VARIOUS METHODS OF IMPLEMENTATION , THE MEMBER STATES MUST COMPLY WITH THE PRINCIPLE STATED IN ARTICLE 40 ( 3 ). THAT PRINCIPLE APPLIES , FOR INSTANCE , WHERE SEVERAL OPTIONS ARE OPEN TO THE MEMBER STATES AS IN THIS CASE , WHERE THEY MAY CHOOSE AS THE REFERENCE YEAR 1981 , OR , SUBJECT TO CERTAIN CONDITIONS , EITHER 1982 OR 1983 .
21 IN THIS CONNECTION IT IS APPROPRIATE TO POINT OUT THAT , IN ITS JUDGMENT OF 13 DECEMBER 1983 IN CASE 218/82 COMMISSION V COUNCIL ( 1983 ) ECR 4063 , THE COURT TOOK THE VIEW THAT WHEN IT IS NECESSARY TO INTERPRET A PROVISION OF SECONDARY COMMUNITY LAW , PREFERENCE SHOULD AS FAR AS POSSIBLE BE GIVEN TO THE INTERPRETATION WHICH RENDERS THE PROVISION CONSISTENT WITH THE TREATY ; IN THIS CASE REGARD MUST BE HAD SPECIFICALLY TO THE REQUIREMENT NOT TO DISCRIMINATE BETWEEN PRODUCERS WITHIN THE COMMUNITY WHICH IS LAID DOWN IN ARTICLE 40 ( 3 ) OF THE EEC TREATY .
Association comité économique agricole régional fruits et légumes de Bretagne v A. Le Campion.
Date: 1986-11-25
13 IN ORDER TO REPLY TO THE QUESTION RAISED BY THE NATIONAL COURT IT IS THEREFORE NECESSARY TO ASCERTAIN WHETHER AND TO WHAT EXTENT REGULATION NO 1035/72 PRECLUDES THE EXTENSION OF RULES ESTABLISHED BY PRODUCERS '  ORGANIZATIONS TO PRODUCERS WHO ARE NOT MEMBERS , EITHER BECAUSE THE EXTENSION OF THOSE RULES AFFECTS A MATTER WITH WHICH THE COMMON ORGANIZATION OF THE MARKET HAS DEALT EXHAUSTIVELY OR BECAUSE THE RULES SO EXTENDED ARE CONTRARY TO THE PROVISIONS OF COMMUNITY LAW OR INTERFERE WITH THE PROPER FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKET .
A. Maas & Co. NV v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1986-11-27
15 IN ORDER TO ANSWER THE QUESTION SUBMITTED BY THE NATIONAL COURT , IT IS NECESSARY TO ESTABLISH , IN ACCORDANCE WITH WELL-ESTABLISHED CASE-LAW ( JUDGMENTS OF 20 FEBRUARY 1979 IN CASE 122/78 BUITONI ( 1979 ) ECR 677 ; OF 21 JUNE 1979 IN CASE 240/78 ATALANTA ( 1979 ) ECR 2137 ; OF 2 DECEMBER 1982 IN CASE 272/81 RU-MI ( 1982 ) ECR 4167 ; OF 23 FEBRUARY 1983 IN CASE 66/82 FROMANCAIS ( 1983 ) ECR 395 ; OF 17 MAY 1984 IN CASE 15/83 DENKAVIT ( 1984 ) ECR 2171 ), WHETHER THE OBLIGATIONS AT ISSUE IN THIS CASE MUST BE REGARDED AS PRINCIPAL OBLIGATIONS WHOSE OBSERVANCE IS OF FUNDAMENTAL IMPORTANCE TO THE PROPER FUNCTIONING OF A COMMUNITY SYSTEM AND WHOSE INFRINGEMENT MAY BE PUNISHED BY TOTAL FORFEITURE OF THE SECURITY , WITHOUT THERE BEING ANY BREACH OF THE PRINCIPLE OF PROPORTIONALITY , OR WHETHER THEY ARE SECONDARY OBLIGATIONS WHOSE INFRINGEMENT SHOULD NOT BE PUNISHED WITH THE SAME RIGOUR AS IS APPLIED TO THE FAILURE TO FULFIL A PRINCIPAL OBLIGATION .