larimo/cjeu-paragraph-retrieval huggingface dataset:
Ulrich Hofmann v Barmer Ersatzkasse.
Date: 1984-07-12
2 THE ORDER MAKING THE REFERENCE TO THE COURT DISCLOSES THAT MR HOFMANN , THE PLAINTIFF IN THE MAIN PROCEEDINGS , IS THE FATHER OF AN ILLEGITIMATE CHILD , OF WHICH HE HAS ACKNOWLEDGED PATERNITY . HE OBTAINED UNPAID LEAVE FROM HIS EMPLOYER FOR THE PERIOD BETWEEN THE EXPIRY OF THE STATUTORY PROTECTIVE PERIOD OF EIGHT WEEKS WHICH WAS AVAILABLE TO THE MOTHER AND THE DAY ON WHICH THE CHILD REACHED THE AGE OF SIX MONTHS ; DURING THAT TIME HE TOOK CARE OF THE CHILD WHILE THE MOTHER CONTINUED HER EMPLOYMENT .
25 IT SHOULD FURTHER BE ADDED , WITH PARTICULAR REFERENCE TO PARAGRAPH ( 3 ), THAT , BY RESERVING TO MEMBER STATES THE RIGHT TO RETAIN , OR INTRODUCE PROVISIONS WHICH ARE INTENDED TO PROTECT WOMEN IN CONNECTION WITH ' ' PREGNANCY AND MATERNITY ' ' , THE DIRECTIVE RECOGNIZES THE LEGITIMACY , IN TERMS OF THE PRINCIPLE OF EQUAL TREATMENT , OF PROTECTING A WOMAN ' S NEEDS IN TWO RESPECTS . FIRST , IT IS LEGITIMATE TO ENSURE THE PROTECTION OF A WOMAN ' S BIOLOGICAL CONDITION DURING PREGNANCY AND THEREAFTER UNTIL SUCH TIME AS HER PHYSIOLOGICAL AND MENTAL FUNCTIONS HAVE RETURNED TO NORMAL AFTER CHILDBIRTH ; SECONDLY , IT IS LEGITIMATE TO PROTECT THE SPECIAL RELATIONSHIP BETWEEN A WOMAN AND HER CHILD OVER THE PERIOD WHICH FOLLOWS PREGNANCY AND CHILDBIRTH , BY PREVENTING THAT RELATIONSHIP FROM BEING DISTURBED BY THE MULTIPLE BURDENS WHICH WOULD RESULT FROM THE SIMULTANEOUS PURSUIT OF EMPLOYMENT .
26 IN PRINCIPLE , THEREFORE , A MEASURE SUCH AS MATERNITY LEAVE GRANTED TO A WOMAN ON EXPIRY OF THE STATUTORY PROTECTIVE PERIOD FALLS WITHIN THE SCOPE OF ARTICLE 2 ( 3 ) OF DIRECTIVE 76/207 , INASMUCH AS IT SEEKS TO PROTECT A WOMAN IN CONNECTION WITH THE EFFECTS OF PREGNANCY AND MOTHERHOOD . THAT BEING SO , SUCH LEAVE MAY LEGITIMATELY BE RESERVED TO THE MOTHER TO THE EXCLUSION OF ANY OTHER PERSON , IN VIEW OF THE FACT THAT IT IS ONLY THE MOTHER WHO MAY FIND HERSELF SUBJECT TO UNDESIRABLE PRESSURES TO RETURN TO WORK PREMATURELY .
27 FURTHERMORE , IT SHOULD BE POINTED OUT THAT THE DIRECTIVE LEAVES MEMBER STATES WITH A DISCRETION AS TO THE SOCIAL MEASURES WHICH THEY ADOPT IN  - ORDER TO GUARANTEE , WITHIN THE FRAMEWORK LAID DOWN BY THE DIRECTIVE , THE PROTECTION OF WOMEN IN CONNECTION WITH PREGNANCY AND MATERNITY AND TO OFFSET THE DISADVANTAGES WHICH WOMEN , BY COMPARISON WITH MEN , SUFFER WITH REGARD TO THE RETENTION OF EMPLOYMENT . SUCH MEASURES ARE , AS THE     GOVERNMENT OF THE UNITED KINGDOM HAS RIGHTLY OBSERVED , CLOSELY LINKED TO THE GENERAL SYSTEM OF SOCIAL PROTECTION IN THE VARIOUS MEMBER STATES . IT MUST THEREFORE BE CONCLUDED THAT THE MEMBER STATES ENJOY A REASONABLE MARGIN OF DISCRETION AS REGARDS BOTH THE NATURE OF THE PROTECTIVE MEASURES AND THE DETAILED ARRANGEMENTS FOR THEIR IMPLEMENTATION .
Ferriera Valsabbia SpA v Commission of the European Communities.
Date: 1984-07-12
14 THE COURT CONSIDERS THAT THE STRICT APPLICATION OF COMMUNITY RULES ON PROCEDURAL TIME-LIMITS MEETS THE REQUIREMENT OF LEGAL CERTAINTY AND THE NEED TO AVOID ANY DISCRIMINATION OR ARBITRARY TREATMENT IN THE ADMINISTRATION OF JUSTICE . IT IS ONLY IF THE PARTY CONCERNED PROVES THE EXISTENCE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE , AS REQUIRED BY THE THIRD PARAGRAPH OF ARTICLE 39 OF THE STATUTE ON THE COURT OF JUSTICE OF THE ECSC , THAT ITS RIGHT OF ACTION IS NOT PREJUDICED IN CONSEQUENCE OF THE EXPIRY OF A TIME-LIMIT .
Les Rapides Savoyards Sàrl and others v Directeur Général des Douanes et Droits Indirects.
Date: 1984-07-12
23 ACCORDING TO ARTICLE 8 ( 1 ) OF THE PROTOCOL , ORIGINATING PRODUCTS WITHIN THE MEANING OF ARTICLE 1 OF THE PROTOCOL , ON IMPORT INTO THE COMMUNITY OR INTO SWITZERLAND , ARE TO BENEFIT FROM THE PROVISIONS OF THE AGREEMENT UPON SUBMISSION OF A MOVEMENT CERTIFICATE . THAT CERTIFICATE IS NOW THE EUR 1 CERTIFICATE WHICH WAS SUBSTITUTED FOR THE A.CH . 1 CERTIFICATE PROVIDED FOR IN THE ORIGINAL VERSION OF PROTOCOL NO 3 BY DECISION NO 10/73 OF THE EEC/SWITZERLAND JOINT COMMITTEE OF 12 DECEMBER 1973 , IMPLEMENTED IN THE COMMUNITY BY REGULATION ( EEC ) NO 3600/73 OF THE COUNCIL OF 27 DECEMBER 1973 ( OFFICIAL JOURNAL 1973 L 365 , P . 135 ).
26 IT FOLLOWS FROM ALL THOSE PROVISIONS THAT THE DETERMINATION OF THE ORIGIN OF GOODS ACCORDING TO PROTOCOL NO 3 IS BASED ON A DIVISION OF POWERS BETWEEN THE CUSTOMS AUTHORITIES OF THE PARTIES TO THE FREE-TRADE AGREEMENT INASMUCH AS ORIGIN IS ESTABLISHED BY THE AUTHORITIES OF THE EXPORTING COUNTRY AND THE PROPER WORKING OF THAT SYSTEM IS MONITORED JOINTLY BY THE AUTHORITIES     CONCERNED ON BOTH SIDES . THAT SYSTEM IS JUSTIFIED BY THE FACT THAT THE AUTHORITIES OF THE EXPORTING STATE ARE IN THE BEST POSITION TO VERIFY DIRECTLY THE FACTS WHICH DETERMINE ORIGIN ; MOREOVER , IT HAS THE ADVANTAGE OF PRODUCING CERTAIN AND UNIFORM RESULTS REGARDING THE IDENTIFICATION OF THE ORIGIN OF GOODS AND OF THEREBY AVOIDING DEFLECTIONS OF TRADE AND DISTORTIONS OF COMPETITION IN TRADE .
27 HOWEVER , THAT MECHANISM CAN FUNCTION ONLY IF THE CUSTOMS AUTHORITIES OF THE IMPORTING COUNTRY ACCEPT THE DETERMINATIONS LEGALLY MADE BY THE AUTHORITIES OF THE EXPORTING COUNTRY . RECOGNITION OF SUCH DECISIONS BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES IS NECESSARY IN ORDER THAT THE COMMUNITY CAN , IN TURN , DEMAND THAT THE AUTHORITIES OF OTHER COUNTRIES WITH WHICH IT HAS CONCLUDED FREE-TRADE AGREEMENTS ACCEPT THE DECISIONS TAKEN BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES CONCERNING THE ORIGIN OF PRODUCTS EXPORTED FROM THE COMMUNITY TO THOSE NON-MEMBER COUNTRIES .
28 THERE IS NO DANGER THAT THE APPLICATION OF THOSE PROVISIONS MAY ENCOURAGE ABUSES , IN VIEW OF THE FACT THAT ARTICLES 16 AND 17 OF PROTOCOL NO 3 , IN PARTICULAR IN THEIR NEW VERSION , HAVE SET OUT IN DETAIL THE METHODS OF COOPERATION BETWEEN THE CUSTOMS AUTHORITIES CONCERNED , WHERE THE ORIGIN IS CONTESTED OR WHERE THE EXPORTERS OR IMPORTERS HAVE ACTED FRAUDULENTLY .
29 THE FUNCTIONING OF THAT SYSTEM - BASED , AS HAS BEEN STATED ABOVE , ON A DIVISION OF DUTIES BETWEEN THE CUSTOMS AUTHORITIES OF THE PARTIES TO THE FREE-TRADE AGREEMENT AND ON THE RELIANCE WHICH MUST BE PLACED ON THE ACTS OF THOSE ADMINISTRATIONS IN THE EXERCISE OF THEIR POWERS - DOES NOT ENCROACH ON THE FISCAL AUTONOMY OF THE COMMUNITY AND ITS MEMBER STATES OR OF THE NON-MEMBER COUNTRIES CONCERNED , SINCE THE RULES LAID DOWN IN PROTOCOL NO 3 WERE ESTABLISHED ON THE BASIS OF RECIPROCAL OBLIGATIONS PLACING THE PARTIES ON AN EQUAL FOOTING IN THEIR DEALINGS WITH EACH OTHER .
Sophie Moussis v Commission of the European Communities.
Date: 1984-07-12
12 IT THUS APPEARS THAT THE ' ' REQUEST ' '  WHICH THE APPLICANT ADDRESSED TO THE GRADING COMMITTEE ON 11 JANUARY 1983 HAD NO OTHER PURPOSE THAN TO CALL IN QUESTION AN ADMINISTRATIVE DECISION WHICH WAS NO LONGER OPEN TO CHALLENGE AFTER THE EXPIRY OF THE PERIOD FOR APPEALING AGAINST IT . THERE CAN BE NO QUESTION OF AN OFFICIAL ' S BEING ABLE , BY SO EXERCISING THE RIGHT CONFERRED ON HIM BY ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS , TO UNDERMINE THE TIME-LIMITS PRESCRIBED IN ARTICLES 90 AND 91 FOR THE LODGING OF COMPLAINTS AND APPEALS . THOSE TIME-LIMITS ARE A MATTER OF PUBLIC POLICY AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR THE COURT , SINCE THEY WERE LAID DOWN WITH A VIEW TO ENSURING CLARITY AND LEGAL CERTAINTY ( SEE THE JUDGMENTS OF 12 . 12 . 1967 IN CASE 4/67 , MULLER ( NEE COLLIGNON ) V COMMISSION , ( 1967 ) ECR 365 , OF 7 . 7 . 1971 IN CASE 79/70 , MULLERS V ECONOMIC AND SOCIAL COMMITTEE , ( 1971 ) ECR 689 , OF 5 . 6 . 1980 IN CASE 108/79 , BELFIORE V COMMISSION , ( 1980 ) ECR 1769 AND OF 19 . 2 . 1981 IN JOINED CASES 122 AND 123/79 , SCHIAVO V COUNCIL , ( 1981 ) ECR 473 ).
SARL Prodest v Caisse Primaire d'Assurance Maladie de Paris.
Date: 1984-07-12
5 IT SHOULD BE STATED IN THE FIRST PLACE THAT THE MAIN PROCEEDINGS CONCERN A NATIONAL OF A MEMBER STATE WHO IS AN EMPLOYEE OF A COMPANY ESTABLISHED IN ANOTHER MEMBER STATE AND THAT IN PRINCIPLE SUCH A CASE COMES WITHIN THE SCOPE OF THE COMMUNITY PROVISIONS ON THE FREE MOVEMENT OF WORKERS WITHIN THE COMMUNITY . ESSENTIALLY THE NATIONAL COURT WISHES TO KNOW WHETHER THOSE RULES MAY BE DISREGARDED WHEN THE COMMUNITY EMPLOYER ASSIGNS A WORKER TO A TEMPORARY POSTING OUTSIDE THE COMMUNITY .
6 IN ITS JUDGMENT OF 12 DECEMBER 1974 ( CASE 36/74 WALRAVE V UNION CYCLISTE INTERNATIONALE ( 1974 ) ECR 1405 ), IN WHICH ONE OF THE QUESTIONS WAS WHETHER OR NOT IT WAS IMPORTANT THAT THE ACITIVITIES AT ISSUE WERE CARRIED OUT PARTLY     OUTSIDE THE TERRITORY OF THE COMMUNITY , THE COURT RULED THAT THE PRINCIPLE OF NON-DISCRIMINATION AS LAID DOWN , INTER ALIA , IN ARTICLE 48 OF THE TREATY AND IN THE AFOREMENTIONED REGULATION NO 1612/68 APPLIED IN JUDGING ALL LEGAL RELATIONSHIPS IN SO FAR AS THOSE RELATIONSHIPS , BY REASON EITHER OF THE PLACE WHERE THEY WERE ENTERED INTO OR OF THE PLACE WHERE THEY TOOK EFFECT , COULD BE LOCATED WITHIN THE TERRITORY OF THE COMMUNITY . IT FOLLOWS THAT ACTIVITIES TEMPORARILY CARRIED ON OUTSIDE THE TERRITORY OF THE COMMUNITY ARE NOT SUFFICIENT TO EXCLUDE THE APPLICATION OF THAT PRINCIPLE , AS LONG AS THE EMPLOYMENT RELATIONSHIP RETAINS A SUFFICIENTLY CLOSE LINK WITH THAT TERRITORY .
Carmela Castelli v Office National des Pensions pour Travailleurs Salariés (ONPTS).
Date: 1984-07-12
11 AS THE COURT HAS HELD ON MANY OCCASIONS ( JUDGMENTS OF 31 . 5 . 1979 IN CASE 207/78 , EVEN , ( 1979 ) ECR 2019 , AND OF 14 . 1 . 1982 IN CASE 65/81 , REINA , ( 1982 ) ECR 33 ), THE CONCEPT OF SOCIAL ADVANTAGE INCLUDES ALL ADVANTAGES ' ' WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND THE EXTENSION OF WHICH TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY ' ' . THE EFFECT OF THAT DEFINITION , WHICH HAS BEEN CONSISTENTLY USED BY THE COURT , IS THAT THE CONCEPT OF SOCIAL ADVANTAGE INCLUDES THE INCOME GUARANTEED TO OLD PEOPLE BY THE LEGISLATION OF A MEMBER STATE .
Criminal proceedings against Albert Heijn BV.
Date: 1984-09-19
13 IT IS NOT DISPUTED THAT PESTICIDES CONSTITUTE A MAJOR RISK TO HUMAN AND ANIMAL HEALTH AND TO THE ENVIRONMENT ; THIS HAS MOREOVER BEEN RECOGNIZED AT COMMUNITY LEVEL , IN PARTICULAR IN THE FIFTH RECITAL IN THE PREAMBLE TO THE AFOREMENTIONED COUNCIL DIRECTIVE NO 76/895 , WHICH STATES THAT ' ' PESTICIDES DO NOT HAVE ONLY A FAVOURABLE EFFECT ON PLANT PRODUCTION , SINCE THEY ARE GENERALLY TOXIC SUBSTANCES OR PREPARATIONS WITH DANGEROUS SIDE EFFECTS ' ' .
Karl Könecke GmbH & Co. KG, Fleischwarenfabrik, v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1984-09-25
11 IN THAT RESPECT IT MUST BE EMPHASIZED THAT A PENALTY , EVEN OF A NON-CRIMINAL NATURE , CANNOT BE IMPOSED UNLESS IT RESTS ON A CLEAR AND UNAMBIGUOUS LEGAL BASIS . TO ANSWER THE FIRST AND FOURTH QUESTIONS IT IS THEREFORE NECESSARY TO CONSIDER WHETHER SUCH A BASIS IS TO BE FOUND IN ARTICLE 4 OF REGULATION NO 1071/68 INTERPRETED IN THE LIGHT OF ITS WORDING , CONTEXT AND PURPOSE .
Hermann Witte v European Parliament.
Date: 1984-10-09
11 SUCH SPORADIC AND BRIEF ABSENCES FROM THE COUNTRY OF EMPLOYMENT , WHICH MOREOVER WERE NOT ACCOMPANIED BY ANY INTENTION ON THE PART OF THE PERSON CONCERNED TO ESTABLISH THE PERMANENT CENTRE OF HIS INTERESTS IN ANOTHER STATE , CANNOT BE CONSIDERED SUFFICIENT TO DEPRIVE THE APPLICANT ' S RESIDENCE IN THE STATE OF EMPLOYMENT OF ITS HABITUAL NATURE WITHIN THE MEANING OF THE RELEVANT PROVISION OF THE STAFF REGULATIONS .
15 APART FROM THE FACT THAT NO PERSON MAY RELY , IN SUPPORT OF HIS CLAIM , ON AN UNLAWFUL ACT COMMITTED IN FAVOUR OF ANOTHER , IT CANNOT BE CONLUDED IN THE CIRCUMSTANCES OF THIS CASE THAT IN REFUSING TO GRANT THE EXPATRIATION ALLOWANCE TO THE APPLICANT THE EUROPEAN PARLIAMENT DEPARTED FROM AN ADMINISTRATIVE PRACTICE WHICH WAS STILL IN FORCE AT THE TIME OF THE DECISION IN QUESTION . THE     ARGUMENT ALLEGING A BREACH OF THE PRINCIPLE OF EQUAL TREATMENT MUST THEREFORE ALSO BE REJECTED .
Caisse Primaire d'Assurance Maladie de Rouen v A. Guyot.
Date: 1984-10-11
8 BY ' ' COMPETENT STATE ' ' , WITHIN THE MEANING OF THAT PROVISION , THE COMMUNITY LEGISLATURE IS REFERRING TO THE MEMBER STATE IN WHOSE TERRITORY THE COMPETENT     INSTITUTION IS SITUATED , THAT IS , THE MEMBER STATE IN WHICH THE PERSON WAS LAST EMPLOYED . THE PROVISION THEREFORE CONCERNS ONLY WORKERS WHO WERE RESIDING IN A MEMBER STATE OTHER THAN THAT IN WHICH THEY WERE LAST EMPLOYED .
9 THE REPLY TO THE QUESTION SUBMITTED BY THE NATIONAL COURT MUST THEREFORE BE THAT ARTICLE 71 OF REGULATION NO 1408/71 DOES NOT APPLY TO AN UNEMPLOYED PERSON WHO , DURING HIS LAST EMPLOYMENT , WAS RESIDING IN THE MEMBER STATE IN WHICH HE WAS EMPLOYED .
Interfacultair Instituut Electronenmicroscopie der Rijksuniversiteit te Groningen v Inspecteur der Invoerrechten en Accijnzen te Groningen.
Date: 1984-10-25
38 ALTHOUGH IT IS TRUE THAT THE COURT HAS CONSISTENTLY HELD THAT THE STATEMENT OF GROUNDS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY     JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE GROUNDS FOR A DECISION MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .
Robert Fearon & Company Limited v Irish Land Commission.
Date: 1984-11-06
7 CONSEQUENTLY , ALTHOUGH ARTICLE 222 OF THE TREATY DOES NOT CALL IN QUESTION THE MEMBER STATES '  RIGHT TO ESTABLISH A SYSTEM OF COMPULSORY ACQUISITION BY PUBLIC BODIES , SUCH A SYSTEM REMAINS SUBJECT TO THE FUNDAMENTAL RULE OF NON-DISCRIMINATION WHICH UNDERLIES THE CHAPTER OF THE TREATY RELATING TO THE RIGHT OF ESTABLISHMENT .
8 AS THE COMMISSION RIGHTLY POINTS OUT , ARTICLE 58 OF THE TREATY , TO WHICH THE NATIONAL COURT ' S QUESTION REFERS , DOES NOT GOVERN THE SOLUTION OF THE MATTER IN LITIGATION IN THE MAIN PROCEEDINGS . THE EFFECT OF THAT ARTICLE IS TO ASSIMILATE , FOR THE PURPOSES OF GIVING EFFECT TO THE CHAPTER RELATING TO THE RIGHT OF ESTABLISHMENT , COMPANIES OR FIRMS FORMED IN ACCORDANCE WITH THE LAW OF A MEMBER STATE AND HAVING THEIR REGISTERED OFFICE , CENTRAL ADMINISTRATION OR PRINCIPAL PLACE OF BUSINESS WITHIN THE COMMUNITY , TO NATURAL PERSONS WHO ARE NATIONALS OF ONE OF THE MEMBER STATES . IN THIS CASE , SINCE FEARON & COMPANY LIMITED IS AN IRISH COMPANY FOR THE PURPOSES OF ARTICLE 58 OF THE EEC TREATY , IT CANNOT CLAIM IN IRELAND THE BENEFIT OF THE RIGHT OF ESTABLISHMENT GRANTED TO COMPANIES FORMED UNDER THE LAWS OF THE OTHER MEMBER STATES .
10 THAT QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE IF THE OBLIGATION TO RESIDE ON OR NEAR LAND IS IMPOSED BY A MEMBER STATE , WITHIN THE FRAMEWORK OF LEGISLATION CONCERNING THE OWNERSHIP OF RURAL LAND WHICH IS INTENDED TO     ACHIEVE THE OBJECTIVES SET OUT ABOVE , BOTH ON ITS OWN NATIONALS AND ON THOSE OF THE OTHER MEMBER STATES AND IS APPLIED TO THEM EQUALLY . A RESIDENCE REQUIREMENT SO DELIMITED DOES NOT IN FACT AMOUNT TO DISCRIMINATION WHICH MIGHT BE FOUND TO OFFEND AGAINST ARTICLE 52 OF THE TREATY .
Van Gend & Loos NV and Expeditiebedrijf Wim Bosman BV v Commission of the European Communities.
Date: 1984-11-13
9 IT MAY BE SEEN FROM THE PREAMBLES TO THE DECISIONS AT ISSUE , WHICH ARE NOT CONTESTED ON THIS POINT , THAT THE REQUIRED PROCEDURE WAS FOLLOWED IN THIS CASE . THAT PROCEDURE ALLOWED THE APPLICANTS TO PUT ALL THEIR ARGUMENTS TO THE NETHERLANDS AUTHORITIES . ALL THE DOCUMENTS ON THE FILE WERE AVAILABLE BOTH TO THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND TO THE COMMISSION . IN THOSE CIRCUMSTANCES , THE COMPLAINT BASED ON A BREACH OF THE PROCEDURAL REQUIREMENTS MUST BE DISMISSED .
13 THE COURT SHARES THE COMMISSION ' S OPINION ON THAT POINT . IT CANNOT BE DENIED THAT VERIFICATIONS CARRIED OUT AFTER IMPORTATION WOULD BE LARGELY DEPRIVED OF THEIR USEFULNESS IF THE USE OF FALSE CERTIFICATES COULD , OF ITSELF , JUSTIFY GRANTING A REMISSION .
20 THAT COMPLAINT MUST ALSO BE REJECTED . A CUSTOMS AGENT CANNOT ENTERTAIN A LEGITIMATE EXPECTATION WITH REGARD TO THE VALIDITY OF CERTIFICATES BY VIRTUE OF THE FACT THAT THEY WERE INITIALLY ACCEPTED BY THE CUSTOMS OFFICERS OF A MEMBER STATE . THE ROLE OF THOSE OFFICERS IN REGARD TO THE INITIAL ACCEPTANCE OF DECLARATIONS IN NO WAY PREVENTS THE CUSTOMS AUTHORITIES OF THE MEMBER STATES FROM SUBSEQUENTLY CHECKING THEIR VERACITY , NOR DOES IT PREVENT EFFECT BEING GIVEN TO THE CONSEQUENCES OF THOSE CHECKS , AS IS CLEAR IN PARTICULAR FROM ARTICLE 10 ( 2 ) OF COUNCIL DIRECTIVE 79/695 OF 24 JULY 1979 ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( OFFICIAL JOURNAL L 205 , P . 19 ).
F. A. Salzano v Bundesanstalt für Arbeit - Kindergeldkasse.
Date: 1984-11-13
7 THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 20 APRIL 1978 ( CASE 134/77 , RAGAZZONI , ( 1978 ) ECR 963 ) THAT THE PURSUIT OF A PROFESSIONAL OR TRADE ACTIVITY IN THE STATE IN WHOSE TERRITORY THE MEMBERS OF THE FAMILY ARE RESIDING IS NOT SUFFICIENT FOR THE SUSPENSION OF THE ENTITLEMENT CONFERRED BY ARTICLE 73 SINCE IT IS NECESSARY IN ADDITION THAT THE FAMILY BENEFITS SHOULD BE ' ' PAYABLE ' '  UNDER THE LEGISLATION OF THAT MEMBER STATE . FOR FAMILY ALLOWANCES TO BE REGARDED AS ' ' PAYABLE ' '  UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THE MEMBERS OF THE FAMILY ARE RESIDING , THE LAW OF SUCH STATE OF RESIDENCE MUST RECOGNIZE THE RIGHT TO THE PAYMENT OF ALLOWANCES IN FAVOUR OF     THE PERSON IN THAT FAMILY WHO WORKS IN SUCH STATE . THE PERSON CONCERNED MUST THUS FULFIL ALL THE CONDITIONS - BOTH OF FORM AND OF SUBSTANCE - WHICH ARE REQUIRED BY THE DOMESTIC LEGISLATION OF THAT STATE IN ORDER TO EXERCISE THAT RIGHT .
10 CONSEQUENTLY , IN THIS INSTANCE , IF MRS SALZANO HAD IN FACT BEEN ENTITLED TO THEM , THE FAMILY ALLOWANCES WOULD HAVE BEEN PAID TO HER , PROVIDED ALWAYS THAT A PRIOR REQUEST HAD BEEN MADE . IN THE ABSENCE OF SUCH A REQUEST MRS SALZANO WAS NOT ENTITLED UNDER ITALIAN LEGISLATION TO PAYMENT OF THE FAMILY ALLOWANCES DURING THE PERIOD IN QUESTION . IT FOLLOWS THAT THE FAMILY ALLOWANCES WERE NOT ' ' ALSO PAYABLE ' '  FOR THE PURPOSES OF ARTICLE 76 OF THE AFORESAID REGULATION .
11 THE REPLY TO BE GIVEN TO THE QUESTION REFERRED TO THE COURT BY THE SOZIALGERICHT MUNCHEN MUST THEREFORE BE THAT THERE IS NO SUSPENSION OF ENTITLEMENT TO FAMILY ALLOWANCES PAYABLE IN PURSUANCE OF ARTICLE 73 OF REGULATION NO 1408/71 IN THE COUNTRY OF EMPLOYMENT OF ONE OF THE PARENTS WHEN THE OTHER PARENT RESIDES WITH THE CHILDREN IN ANOTHER MEMBER STATE AND PURSUES THERE A PROFESSIONAL OR TRADE ACTIVITY BUT DOES NOT RECEIVE FAMILY ALLOWANCES FOR THE CHILDREN , THE REASON BEING THAT NOT ALL THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE FOR THE ACTUAL RECEIPT OF SUCH ALLOWANCES HAVE BEEN SATISFIED .
Firma A. Racke v Hauptzollamt Mainz.
Date: 1984-11-13
7 AS FAR AS THE FIRST LIMB OF THE QUESTION IS CONCERNED , IT IS NECESSARY TO ASCERTAIN WHETHER TOKAY IS IN A COMPARABLE SITUATION TO THOSE WINES IN RESPECT OF WHICH CUSTOMS DUTIES EXPRESSED IN UNITS OF ACCOUNT WERE CONVERTED INTO NATIONAL CURRENCY AT THE REPRESENTATIVE RATE , SINCE , AS THE COURT HAS CONSISTENTLY HELD , DISCRIMINATION CONSISTS SOLELY IN THE APPLICATION OF DIFFERENT RULES TO COMPARABLE SITUATIONS OR IN THE APPLICATION OF THE SAME RULE TO     DIFFERING SITUATIONS . IN THIS CASE , IT IS A QUESTION OF ESTABLISHING WHETHER THE APPLICATION OF A DIFFERENT CONVERSION RATE FOR CUSTOMS DUTIES IS JUSTIFIED BY DIFFERING SITUATIONS .
SA Intermills v Commission of the European Communities.
Date: 1984-11-14
11 IT IS CLEAR FROM THE INFORMATION SUPPLIED BY THE APPLICANTS THEMSELVES THAT FOLLOWING THE RESTRUCTURING BOTH SA INTERMILLS AND THE THREE MANUFACTURING COMPANIES ARE CONTROLLED BY THE WALLOON REGIONAL EXECUTIVE AND THAT , FOLLOWING THE TRANSFER OF THE PLANT TO THE THREE NEWLY CONSTITUTED COMPANIES , SA INTERMILLS CONTINUES TO HAVE AN INTEREST IN THOSE COMPANIES . IT MUST     THEREFORE BE ACCEPTED THAT , IN SPITE OF THE FACT THAT THE THREE MANUFACTURING COMPANIES EACH HAS A LEGAL PERSONALITY SEPARATE FROM THE FORMER SA INTERMILLS , ALL THOSE UNDERTAKINGS TOGETHER FORM A SINGLE GROUP , AT LEAST AS FAR AS THE AID GRANTED BY THE BELGIAN AUTHORITIES IS CONCERNED . THE COMMISSION WAS THEREFORE JUSTIFIED IN CONSIDERING THE ENTIRE GROUP TO BE A SINGLE ' ' UNDERTAKING ' '  FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 92 OF THE TREATY .
12 MOREOVER , IT SHOULD BE NOTED THAT THE APPLICANTS , IN STRESSING THAT THE RESTRUCTURING CARRIED OUT BY MEANS OF THE AID IN QUESTION CONSTITUTED AN INDIVISIBLE WHOLE , FROM AN INDUSTRIAL AND FINANCIAL POINT OF VIEW , HAVE IMPLICITLY ACKNOWLEDGED THAT THE ORIGINAL UNDERTAKING AND THE NEW MANUFACTURING COMPANIES FORM A SINGLE ECONOMIC UNIT .
16 ACCORDING TO ARTICLE 93 ( 2 ), THE COMMISSION IS TO TAKE A DECISION IN RELATION TO AID GRANTED ' ' AFTER GIVING NOTICE TO THE PARTIES CONCERNED TO SUBMIT THEIR COMMENTS ' ' . IT MUST BE NOTED THAT THE ' ' PARTIES CONCERNED ' '  REFERRED TO IN THAT PROVISION ARE NOT ONLY THE UNDERTAKING OR UNDERTAKINGS RECEIVING AID BUT     EQUALLY THE PERSONS , UNDERTAKINGS OR ASSOCIATIONS WHOSE INTERESTS MIGHT BE AFFECTED BY THE GRANT OF THE AID , IN PARTICULAR COMPETING UNDERTAKINGS AND TRADE ASSOCIATIONS . IN OTHER WORDS , THERE IS AN INDETERMINATE GROUP OF PERSONS TO WHOM NOTICE MUST BE GIVEN .
17 IT FOLLOWS THAT ARTICLE 93 ( 2 ) DOES NOT REQUIRE INDIVIDUAL NOTICE TO BE GIVEN TO PARTICULAR PERSONS . ITS SOLE PURPOSE IS TO OBLIGE THE COMMISSION TO TAKE STEPS TO ENSURE THAT ALL PERSONS WHO MAY BE CONCERNED ARE NOTIFIED AND GIVEN AN OPPORTUNITY OF PUTTING FORWARD THEIR ARGUMENTS . UNDER THOSE CIRCUMSTANCES , THE PUBLICATION OF A NOTICE IN THE OFFICIAL JOURNAL IS AN APPROPRIATE MEANS OF INFORMING ALL THE PARTIES CONCERNED THAT A PROCEDURE HAS BEEN INITIATED .
32 AS THE COMMISSION HAS ITSELF ACKNOWLEDGED , THE GRANTING OF AID , ESPECIALLY IN THE FORM OF CAPITAL HOLDINGS ACQUIRED BY THE STATE OR BY PUBLIC AUTHORITIES , CANNOT BE REGARDED AS BEING AUTOMATICALLY CONTRARY TO THE PROVISIONS OF THE TREATY . THUS , IRRESPECTIVE OF THE FORM IN WHICH AID IS GRANTED , BE IT AS A LOAN OR AS A CAPITAL HOLDING , IT IS THE COMMISSION ' S TASK TO EXAMINE WHETHER IT IS CONTRARY TO ARTICLE 92 ( 1 ) AND , IF SO , TO ASSESS WHETHER THERE IS ANY POSSIBILITY OF ITS BEING EXEMPT UNDER ARTICLE 92 ( 3 ), GIVING THE GROUNDS ON WHICH ITS DECISION IS BASED ACCORDINGLY .
Calzaturificio Brennero sas v Wendel GmbH Schuhproduktion International.
Date: 1984-11-27
15 THE SECOND PARAGRAPH OF ARTICLE 37 PROVIDES THAT THE JUDGMENT GIVEN ON THE APPEAL MAY BE CONTESTED ONLY BY AN APPEAL IN CASSATION AND , IN THE FEDERAL REPUBLIC OF GERMANY , BY A RECHTSBESCHWERDE . UNDER THE GENERAL SCHEME OF THE CONVENTION , AND IN THE LIGHT OF ONE OF ITS PRINCIPAL OBJECTIVES WHICH IS TO SIMPLIFY PROCEDURES IN THE STATE IN WHICH ENFORCEMENT IS SOUGHT , THAT PROVISION CANNOT BE EXTENDED SO AS TO ENABLE AN APPEAL IN CASSATION TO BE LODGED AGAINST A JUDGMENT OTHER THAN THAT GIVEN ON THE APPEAL , FOR INSTANCE AGAINST A PRELIMINARY OR INTERLOCUTORY ORDER REQUIRING PRELIMINARY INQUIRIES TO BE MADE .
Srl Bensider and others v Commission of the European Communities.
Date: 1984-11-27
8 THE ADMISSIBILITY OF AN ACTION MUST BE JUDGED BY REFERENCE TO THE SITUATION PREVAILING WHEN THE APPLICATION IS LODGED . IF AT THAT TIME THE CONDITIONS FOR AN ACTION TO BE BROUGHT ARE NOT FULFILLED , THE ACTION IS INADMISSIBLE , UNLESS THE DEFECT IS RECTIFIED WITHIN THE PERIOD PRESCRIBED FOR PROCEEDINGS TO BE INSTITUTED .