larimo/cjeu-paragraph-retrieval huggingface dataset:
Francesco Reina and Letizia Reina v Landeskreditbank Baden-Württemberg.
Date: 1982-01-14
7 IN THAT REGARD , IT IS NECESSARY TO RECALL THAT ARTICLE 177 OF THE EEC TREATY CONFERS ON THE COURT JURISDICTION TO GIVE PRELIMINARY RULINGS ON QUESTIONS OF COMMUNITY LAW REFERRED TO IT BY A COURT OR TRIBUNAL OF ONE OF THE MEMBER STATES . UNDER THE SCHEME OF THAT PROVISION , IT IS FOR THE COURT TO CONSIDER , WITH A VIEW TO CONFIRMING ITS OWN JURISDICTION , WHETHER IT IS DULY SEIZED OF A MATTER BROUGHT BEFORE IT BY A COURT OR TRIBUNAL OF A MEMBER STATE . HOWEVER ,     IN VIEW OF THE DISTRIBUTION OF FUNCTIONS BETWEEN ITSELF AND THE NATIONAL COURT , IT IS NOT FOR THE COURT TO DETERMINE WHETHER THE DECISION WHEREBY A MATTER IS BROUGHT BEFORE IT WAS TAKEN IN ACCORDANCE WITH THE RULES OF NATIONAL LAW GOVERNING THE ORGANIZATION OF THE COURTS AND THEIR PROCEDURE . THE COURT IS THEREFORE BOUND BY A DECISION OF A COURT OR TRIBUNAL OF A MEMBER STATE REFERRING A MATTER TO IT , IN SO FAR AS THAT DECISION HAS NOT BEEN RESCINDED ON THE BASIS OF A MEANS OF REDRESS PROVIDED FOR BY NATIONAL LAW .
8 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT WHERE A COURT OF A MEMBER STATE BRINGS A MATTER BEFORE THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY THE COURT HAS JURISDICTION , UNDER THAT PROVISION , TO ANSWER THE QUESTIONS RAISED WITHOUT THERE BEING ANY NEED TO CONSIDER FIRST WHETHER THE DECISION MAKING THE REFERENCE TO IT WAS TAKEN IN ACCORDANCE WITH THE RULES OF NATIONAL LAW GOVERNING THE ORGANIZATION OF THE COURTS AND THEIR PROCEDURE .

THE FIRST QUESTION
12 AS THE COURT HAS REPEATEDLY HELD , MOST RECENTLY IN ITS JUDGMENT OF 31 MAY 1979 IN CASE 207/78 EVEN ( 1979 ) ECR 2019 , IT FOLLOWS FROM THOSE PROVISIONS AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THAT REGULATION EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES ARE ALL THOSE 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 .
15 IT SHOULD BE STATED THAT , SINCE THE COMMUNITY HAS NO POWERS IN THE FIELD OF DEMOGRAPHIC POLICY AS SUCH , THE MEMBER STATES ARE PERMITTED , IN PRINCIPLE , TO PURSUE THE ACHIEVEMENT OF THE OBJECTIVES OF SUCH A POLICY , EVEN BY MEANS OF SOCIAL MEASURES . THIS DOES NOT MEAN , HOWEVER , THAT THE COMMUNITY     EXCEEDS THE LIMITS OF ITS JURISDICITON SOLELY BECAUSE THE EXERCISE OF ITS JURISDICITON AFFECTS MEASURES ADOPTED IN PURSUANCE OF THAT POLICY . ACCORDINGLY , CHILDBIRTH LOANS OF THAT KIND MAY NOT BE CONSIDERED AS FALLING OUTSIDE THE SCOPE OF THE RULES OF COMMUNITY LAW RELATING TO THE FREE MOVEMENT OF PERSONS AND , MORE SPECIFICALLY , OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 , SOLELY BECAUSE THEY ARE GRANTED FOR REASONS OF DEMOGRAPHIC POLICY .
Birra Wührer SpA and others v Council and Commission of the European Communities.
Date: 1982-01-27
9 AS IS APPARENT FROM ARTICLE 215 OF THE EEC TREATY AND ARTICLE 43 OF THE STATUTE OF THE COURT , THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE EXISTENCE OF AN UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS , ACTUAL DAMAGE AND A CAUSAL RELATIONSHIP BETWEEN THEM .
10 THE PERIOD OF LIMITATION WHICH APPLIES TO PROCEEDINGS IN MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY THEREFORE CANNOT BEGIN BEFORE ALL THE REQUIREMENTS GOVERNING AN OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE ARE SATISFIED AND IN PARTICULAR BEFORE THE DAMAGE TO BE MADE GOOD HAS MATERIALIZED . ACCORDINGLY , SINCE THE SITUATIONS CONCERNED ARE THOSE IN WHICH THE LIABILITY OF THE COMMUNITY HAS ITS ORIGIN IN A LEGISLATIVE MEASURE , THE PERIOD OF LIMITATION CANNOT BEGIN BEFORE THE INJURIOUS EFFECTS OF THAT MEASURE HAVE BEEN PRODUCED , AND CONSEQUENTLY , IN THE CIRCUMSTANCES OF THESE CASES , BEFORE THE TIME AT WHICH THE APPLICANTS AFTER COMPLETING THE TRANSACTIONS ENTITLING THEM TO THE REFUNDS , WERE BOUND TO INCUR DAMAGE WHICH WAS CERTAIN IN CHARACTER .
11 ACCORDINGLY , IT MAY NOT BE CLAIMED , AS AGAINST THE APPLICANTS , THAT THE PERIOD OF LIMITATION BEGAN BEFORE THE DATE ON WHICH THE INJURIOUS EFFECTS OF THE UNLAWFUL MEASURES ADOPTED BY THE COMMUNITY WERE PRODUCED .
De Franceschi SpA Monfalcone v Council and Commission of the European Communities.
Date: 1982-01-27
9 AS IS APPARENT FROM ARTICLE 215 OF THE EEC TREATY AND ARTICLE 43 OF THE STATUTE OF THE COURT , THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE EXISTENCE OF AN UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS , ACTUAL DAMAGE AND A CAUSAL RELATIONSHIP BETWEEN THEM .
Antonino Sinatra v Fonds national de retraite des ouvriers mineurs.
Date: 1982-02-02
8 THE RIGHT THUS CONFERRED UPON THE MIGRANT WORKER TO BENEFIT FROM THE MOST FAVOURABLE SOCIAL SECURITY SYSTEM IMPLIES IN PRINCIPLE THAT , WHENEVER THERE IS AN ALTERATION IN THE BENEFITS GRANTED UNDER THAT SYSTEM , A FRESH COMPARISON BETWEEN THE NATIONAL SYSTEM AND THE SYSTEM OF AGGREGATION AND APPORTIONMENT IS TO BE CARRIED OUT IN ACCORDANCE WITH ARTICLE 46 OF REGULATION NO 1408/71 , IN ORDER TO DETERMINE WHICH SYSTEM IS THE MOST ADVANTAGEOUS FOLLOWING THE ALTERATION .
9 HOWEVER , IN ORDER TO REDUCE THE ADMINISTRATIVE BURDEN WHICH A FRESH EXAMINATION OF THE INSURED ' S SITUATION FOLLOWING EVERY ALTERATION OF BENEFITS RECEIVED WOULD REPRESENT , ARTICLE 51 OF REGULATION NO 1408/71 ESTABLISHES A DISTINCTION BETWEEN ALTERATIONS IN BENEFITS ' ' BY A FIXED PERCENTAGE OR AMOUNT ' '  RESULTING FROM ' ' AN INCREASE IN THE COST OF LIVING OR CHANGES IN THE LEVEL OF WAGES OR SALARIES OR OTHER REASONS FOR ADJUSTMENT ' '  AND ALTERATIONS IN THE ' ' METHOD OF DETERMINING ' '  OR ' ' THE RULES FOR CALCULATING ' '  BENEFITS . PARAGRAPH ( 1 ) OF THAT ARTICLE PROVIDES THAT ALTERATIONS OF THE FIRST TYPE MUST BE APPLIED DIRECTLY TO THE BENEFITS PAID WITHOUT ANY NEED FOR THE RECALCULATION EXPRESSLY PROVIDED FOR IN ARTICLE 51 ( 2 ) IN RESPECT OF ALTERATIONS OF THE SECOND TYPE .
10 THE REGULATION WAS THUS INTENDED TO EXCLUDE A FRESH CALCULATION WHERE THE ALTERATIONS IN THE BENEFITS RESULT FROM EVENTS UNCONNECTED WITH THE PERSONAL CIRCUMSTANCES OF THE INSURED AND ARE THE CONSEQUENCES OF THE GENERAL EVOLUTION OF THE ECONOMIC AND SOCIAL SITUATION .
Roger Buyl and others v Commission of the European Communities.
Date: 1982-02-04
23 IN FACT , THE REGULATION FINALLY ADOPTED CONFORMED TO THE PROPOSAL SUBMITTED TO THE PARLIAMENT APART FROM THE SUBSTITUTION OF UPDATED EXCHANGE RATES FOR THE EUA AND THE TRANSITIONAL PROVISIONS INTENDED TO ALLEVIATE THE EFFECT OF THE PROVISIONS OF THE REGULATION FOR A SPECIFIC PERIOD WITH REGARD TO CERTAIN PENSIONERS . AS REGARDS THE SUBSTITUTION OF THE UPDATED EXCHANGE RATES FOR THE EUA , IT SHOULD BE NOTED THAT THE RATES ADOPTED EXACTLY REFLECTED THE VALUE OF THE EUA IN TERMS OF NATIONAL CURRENCIES AS AT 1 APRIL 1978 , SO THAT THE AMENDMENT TO THE INITIAL PROPOSAL CONSTITUTED IN REALITY A CHANGE OF METHOD RATHER THAN OF SUBSTANCE . AS REGARDS THE TRANSITIONAL PROVISION FOR THE BENEFIT OF CERTAIN PENSIONERS , IT SHOULD BE NOTED THAT THAT PROVISION CORRESPONDED BROADLY TO THE WISH EXPRESSED BY THE PARLIAMENT .
28 AS REGARDS THE ARGUMENT BASED ON THE PRINCIPLE OF RESTRICTED AUTHORITY , IT IS SUFFICIENT TO DRAW ATTENTION TO THE FACT THAT THE CONCEPT OF MISUSE OF POWER HAS A PRECISELY DEFINED SCOPE . IT REFERS TO CASES WHERE AN ADMINISTRATIVE AUTHORITY HAS USED ITS POWERS FOR A PURPOSE OTHER THAN THAT FOR WHICH THEY WERE CONFERRED ON IT . IN THIS CASE , NO SUCH USE OCCURRED . THE COUNCIL WAS EXERCISING THE POWERS CONFERRED ON IT IN THE NORMAL WAY WHEN , BY MEANS OF REGULATION NO 3085/78 , IT DIRECTLY ACHIEVED THE LAWFUL OBJECTIVE PURSUED BY IT , NAMELY THE UPDATING OF THE EXCHANGE RATES .
Eileen Garland v British Rail Engineering Limited.
Date: 1982-02-09
4 TO ASSIST IN ANSWERING THE FIRST QUESTION IT IS FIRST OF ALL NECESSARY TO INVESTIGATE THE LEGAL NATURE OF THE SPECIAL TRAVEL FACILITIES AT ISSUE IN THIS CASE WHICH THE EMPLOYER GRANTS ALTHOUGH NOT CONTRACTUALLY BOUND TO DO SO .
5 IT IS IMPORTANT TO NOTE IN THIS REGARD THAT IN PARAGRAPH 6 OF ITS JUDGMENT OF 25 MAY 1971 IN CASE 80/70 DEFRENNE ( 1971 ) ECR 445 , AT P . 451 , THE COURT STATED THAT THE CONCEPT OF PAY CONTAINED IN THE SECOND PARAGRAPH OF ARTICLE 119 COMPRISES ANY OTHER CONSIDERATION , WHETHER IN CASH OR IN KIND , WHETHER IMMEDIATE OR FUTURE , PROVIDED THAT THE WORKER RECEIVES IT , ALBEIT INDIRECTLY , IN RESPECT OF HIS EMPLOYMENT FROM HIS EMPLOYER .
9 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT RAIL TRAVEL FACILITIES SUCH AS THOSE REFERRED TO BY THE HOUSE OF LORDS FULFIL THE CRITERIA ENABLING THEM TO BE TREATED AS PAY WITHIN THE MEANING OF ARTICLE 119 OF THE EEC TREATY .
10 THE ARGUMENT THAT THE FACILITIES ARE NOT RELATED TO A CONTRACTUAL OBLIGATION IS IMMATERIAL . THE LEGAL NATURE OF THE FACILITIES IS NOT IMPORTANT FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 119 PROVIDED THAT THEY ARE GRANTED IN RESPECT OF THE EMPLOYMENT .
12 IN VIEW OF THE INTERPRETATION GIVEN TO ARTICLE 119 OF THE EEC TREATY , WHICH BY ITSELF ANSWERS THE QUESTION POSED BY THE HOUSE OF LORDS , THERE IS NO NEED TO CONSIDER POINTS ( B ) AND ( C ) OF QUESTION 1 WHICH RAISE THE SAME QUESTION WITH REFERENCE TO ARTICLE 1 OF DIRECTIVE 75/117/EEC AND OF DIRECTIVE 76/207/EEC .
QUESTION 2
14 IN PARAGRAPH 17 OF ITS JUDGMENT OF 31 MARCH 1981 IN CASE 96/80 JENKINS V KINGSGATE ( 1981 ) ECR 911 , AT P . 926 , THE COURT STATED THAT ARTICLE 119 OF THE TREATY APPLIES DIRECTLY TO ALL FORMS OF DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF THE CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION , WITHOUT NATIONAL OR COMMUNITY MEASURES BEING REQUIRED TO DEFINE THEM WITH GREATER PRECISION IN ORDER TO PERMIT OF THEIR APPLICATION .
Criminal proceedings against Daniël Bout and BV I. Bout en Zonen.
Date: 1982-02-10
13 THE SECOND QUESTION RAISES THE ISSUE WHETHER REGULATION ( EEC ) NO 2527/80 MENTIONED ABOVE MUST BE INTERPRETED AS HAVING RETROACTIVE EFFECT . IN THAT RESPECT IT SHOULD BE NOTED THAT , ACCORDING TO WELL-ESTABLISHED CASE-LAW OF THE COURT , CONFIRMED MOST RECENTLY IN THE COURT ' S JUDGMENT OF 12 NOVEMBER 1981 IN JOINED CASES 212 AND 217/80 SALUMI AND OTHERS ( 1981 ) ECR ( NON-PUBLISHED ), SUBSTANTIVE RULES OF COMMUNITY LAW MUST BE INTERPRETED , IN ORDER TO ENSURE RESPECT FOR THE PRINCIPLES OF LEGAL CERTAINTY AND THE PROTECTION OF LEGITIMATE EXPECTATION , AS APPLYING TO SITUATIONS EXISTING BEFORE THEIR ENTRY INTO FORCE ONLY IN SO FAR AS IT CLEARLY FOLLOWS FROM THEIR TERMS , OBJECTIVES OR GENERAL SCHEME THAT SUCH AN EFFECT MUST BE GIVEN TO THEM .
SpA Metallurgica Rumi v Commission of the European Communities.
Date: 1982-02-16
11 MOREOVER , ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .
19 IT IS IMPORTANT TO POINT OUT ALSO THAT IN ITS NEGOTIATIONS WITH NON-MEMBER COUNTRIES THE COMMISSION FACES CONSIDERABLE DIFFICULTIES AS A RESULT OF THE FACT THAT THE ECSC IS A NET EXPORTER OF STEEL ; IN SUCH CIRCUMSTANCES IT IS COMPELLED TO ENSURE THE CONTINUANCE OF COMMUNITY EXPORTS AT THE SAME TIME AS IT MUST ATTEMPT TO LIMIT IMPORTS INTO THE COMMUNITY , AND IT HAD REASON TO FEAR THAT BY TAKING NON-NEGOTIATED RESTRICTIVE DECISIONS WITH REGARD TO NON-MEMBER COUNTRIES IT MIGHT PROVOKE RETALIATORY MEASURES ON THEIR PART WHICH WOULD BE DETRIMENTAL TO THE GENERAL INTEREST .
Ferriera Padana SpA v Commission of the European Communities.
Date: 1982-02-16
25 IT IS IMPORTANT TO POINT OUT ALSO THAT IN ITS NEGOTIATIONS WITH NON-MEMBER COUNTRIES THE COMMISSION FACES CONSIDERABLE DIFFICULTIES AS A RESULT OF THE FACT THAT THE ECSC IS A NET EXPORTER OF STEEL ; IN SUCH CIRCUMSTANCES IT IS COMPELLED TO ENSURE THE CONTINUANCE OF COMMUNITY EXPORTS AT THE SAME TIME AS IT MUST ATTEMPT TO LIMIT IMPORTS INTO THE COMMUNITY , AND IT HAD REASON TO FEAR THAT BY TAKING NON-NEGOTIATED RESTRICTIVE DECISIONS WITH REGARD TO NON-MEMBER COUNTRIES IT MIGHT PROVOKE RETALIATORY MEASURES ON THEIR PART WHICH WOULD BE DETRIMENTAL TO THE GENERAL INTEREST .
32 IN THIS CONNECTION IT MUST BE RECALLED THAT IN ITS JUDGMENT OF 18 MARCH 1980 IN THE ' ' CONCRETE REINFORCING BARS ' '  CASE ( VALSABBIA ) ( 1980 ) ECR 907 , AT PARAGRAPH 80 ) THE COURT HELD THAT :
' ' . . . BY PROVIDING FOR INTERVENTION BY MEANS OF COERCIVE ACTION IN CERTAIN DEFINED CIRCUMSTANCES THE TREATY DEROGATES FROM THE NORMAL RULES GOVERNING THE WORKING OF THE COMMON MARKET , WHICH ARE BASED ON THE PRINCIPLE OF THE MARKET ECONOMY . ' '
SUCH CONSIDERATIONS APPLY EQUALLY IN THIS CASE .
Halyvourgiki Inc. and Helliniki Halyvourgia SA v Commission of the European Communities.
Date: 1982-02-16
10 ARTICLES 22 AND 146 OF THE ACT OF ACCESSION ARE NOT RELEVANT TO THE ISSUE RAISED . THOSE PROVISIONS APPLY ONLY TO ACTS OF THE INSTITUTIONS THE ADAPTATION OF WHICH , RECOGNIZED TO BE NECESSARY WHEN THE DOCUMENTS CONCERNING ACCESSION WERE SIGNED , HAD TO BE CARRIED OUT DURING THE INTERIM PERIOD . AS REGARDS NEW MEASURES TO BE ADOPTED IN THAT PERIOD , THE INSTITUTIONS WERE AWARE OF THE IMMINENT ACCESSION OF GREECE , WHICH WAS GIVEN AN OPPORTUNITY TO ASSERT ITS INTERESTS WHERE NECESSARY , IN PARTICULAR THROUGH THE INFORMATION AND CONSULTATION PROCEDURE DESCRIBED IN AN AGREEMENT ANNEXED TO THE FINAL ACT ( OFFICIAL JOURNAL 1979 , L 291 , P . 191 ).
12 IT SHOULD BE ADDED THAT ONLY IN THIS WAY IS IT POSSIBLE TO AVOID DISCONTINUITY IN THE COMMUNITY LEGAL SYSTEM IN ITS APPLICATION TO GREECE . THE SCHEME OF THE ACT OF ACCESSION SHOWS THAT THE ACCEDING STATE ACCEPTS ALL THE MEASURES ADOPTED BY THE INSTITUTIONS PRIOR TO THE TIME WHEN ITS ACCESSION TAKES EFFECT , WHEREAS THE APPLICANTS '  ARGUMENT WOULD LEAD TO THE CREATION OF A LEGISLATIVE     VACUUM IN REGARD TO THAT STATE EXTENDING OVER THE INTERIM PERIOD BETWEEN THE TIME WHEN THE DOCUMENTS CONCERNING ACCESSION WERE SIGNED AND THE TIME WHEN ACCESSION TOOK EFFECT .

THE INFORMATION AND CONSULTATION PROCEDURE
15 EVEN IF IT IS ASSUMED THAT THAT OBLIGATION MAY BE TAKEN TO EXTEND TO THE DRAFT OF THE DECISIONS UNDER ARTICLE 58 OF THE ECSC TREATY , WHICH WERE TO BE ADOPTED BY THE COMMISSION ITSELF , SUBJECT TO THE ASSENT OF THE COUNCIL , THE EXPLANATIONS GIVEN BY THE COMMISSION SHOW IN ANY CASE THAT THE INFORMATION PROCEDURE WAS DULY FOLLOWED IN THE INTERIM PERIOD . THE APPLICANTS HAVE NOT ADDUCED ANY EVIDENCE TO SUGGEST THAT THE GREEK GOVERNMENT WAS NOT ABLE TO ASSERT ITS INTERESTS WITH REGARD TO THE DRAFT DECISIONS OF THE COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT ANNEXED TO THE FINAL ACT .

THE FINDING OF A STATE OF CRISIS
Zuckerfabrik Franken GmbH v Federal Republic of Germany.
Date: 1982-02-18
22 IT MUST NOW BE CONSIDERED WHETHER SUCH RULES ARE COMPATIBLE WITH SUPERIOR RULES OF COMMUNITY LAW , IN PARTICULAR WITH THE PRINCIPLES OF LEGAL CERTAINTY AND PROPORTIONALITY INVOKED BY THE PLAINTIFF IN THE MAIN ACTION .
Alpha Steel Ltd. v Commission of the European Communities.
Date: 1982-03-03
8 THAT SUBMISSION CANNOT BE ACCEPTED . THE DECISION OF 24 FEBRUARY 1981 WHICH REPLACED , WHILE THIS ACTION WAS IN PROGRESS , A PREVIOUS DECISION HAVING THE SAME SUBJECT-MATTER , NAMELY THE FIXING OF A QUOTA FOR THE SAME PERIOD , MUST BE REGARDED AS A NEW FACTOR WHICH ALLOWS THE APPLICANT TO AMEND ITS PLEADINGS . IT WOULD NOT BE IN THE INTERESTS OF THE DUE ADMINISTRATION OF JUSTICE AND THE REQUIREMENTS OF PROCEDURAL ECONOMY TO OBLIGE THE APPLICANT TO MAKE A FRESH APPLICATION TO THE COURT . MOREOVER , IT WOULD BE INEQUITABLE IF THE COMMISSION WERE ABLE , IN ORDER TO COUNTER CRITICISMS OF A DECISION CONTAINED IN AN APPLICATION TO THE COURT , TO AMEND THE CONTESTED DECISION OR TO SUBSTITUTE ANOTHER FOR IT AND TO RELY IN THE PROCEEDINGS ON SUCH AN AMENDMENT OR SUBSTITUTION IN ORDER TO DEPRIVE THE OTHER PARTY OF THE OPPORTUNITY OF EXTENDING HIS ORIGINAL PLEADINGS TO THE LATER DECISION OR OF SUBMITTING SUPPLEMENTARY PLEADINGS DIRECTED AGAINST THAT DECISION .

SUBSTANCE
THE SUBMISSION DIRECTED AGAINST THE NEW DECISION OF 24 FEBRUARY 1981
10 THE COURT HAS HELD , IN ITS JUDGMENTS OF 12 JULY 1957 ( JOINED CASES 7/56 AND 3 TO 7/57 ALGERA AND OTHERS ( 1957-58 ) ECR 39 , AT P . 56 ), 12 JULY 1962 ( CASE 14/61 HOOGOVENS ( 1962 ) ECR 253 , AT P . 272 ) AND 13 JULY 1965 ( CASE 111/63 LEMMERZ-WERKE ( 1965 ) ECR 677 , AT P . 690 ), 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 .
Effer SpA v Hans-Joachim Kantner.
Date: 1982-03-04
6 IT IS CLEAR FROM THE PROVISIONS OF THE CONVENTION , AND IN PARTICULAR FROM THE PREAMBLE THERETO , THAT ITS ESSENTIAL AIM IS TO STRENGTHEN IN THE COMMUNITY THE LEGAL PROTECTION OF PERSONS THEREIN ESTABLISHED . FOR THAT PURPOSE , THE CONVENTION PROVIDES A COLLECTION OF RULES WHICH ARE DESIGNED INTER ALIA TO AVOID THE OCCURRENCE , IN CIVIL AND COMMERCIAL MATTERS , OF CONCURRENT LITIGATION IN TWO OR MORE MEMBER STATES AND WHICH , IN THE INTERESTS OF LEGAL CERTAINTY AND FOR THE BENEFIT OF THE PARTIES , CONFER JURISDICTION UPON THE NATIONAL COURT TERRITORIALLY BEST QUALIFIED TO DETERMINE A DISPUTE .
7 IT FOLLOWS FROM THE PROVISIONS OF THE CONVENTION , AND IN PARTICULAR FROM THOSE IN SECTION 7 OF TITLE II , THAT , IN THE CASES PROVIDED FOR IN ARTICLE 5 ( 1 ) OF THE CONVENTION , THE NATIONAL COURT ' S JURISDICTION TO DETERMINE QUESTIONS RELATING TO A CONTRACT INCLUDES THE POWER TO CONSIDER THE EXISTENCE OF THE CONSTITUENT PARTS OF THE CONTRACT ITSELF , SINCE THAT IS INDISPENSABLE IN ORDER TO ENABLE THE NATIONAL COURT IN WHICH PROCEEDINGS ARE BROUGHT TO EXAMINE WHETHER IT HAS JURISDICTION UNDER THE CONVENTION . IF THAT WERE NOT THE CASE , ARTICLE 5 ( 1 ) OF THE CONVENTION WOULD BE IN DANGER OF BEING DEPRIVED OF ITS LEGAL EFFECT , SINCE IT WOULD BE ACCEPTED THAT , IN ORDER TO DEFEAT THE RULE CONTAINED IN THAT PROVISION IT IS SUFFICIENT FOR ONE OF THE PARTIES TO CLAIM THAT THE CONTRACT DOES NOT EXIST . ON THE CONTRARY , RESPECT FOR THE AIMS AND SPIRIT OF THE CONVENTION DEMANDS THAT THAT PROVISION SHOULD BE CONSTRUED AS MEANING THAT THE COURT CALLED UPON TO DECIDE A DISPUTE ARISING OUT OF A CONTRACT MAY EXAMINE , OF ITS OWN MOTION EVEN , THE ESSENTIAL PRECONDITIONS FOR ITS JURISDICTION , HAVING REGARD TO CONCLUSIVE AND RELEVANT EVIDENCE ADDUCED BY THE PARTY CONCERNED , ESTABLISHING THE EXISTENCE OR THE INEXISTENCE OF THE CONTRACT . THIS INTERPRETATION IS , MOREOVER , IN ACCORDANCE WITH THAT GIVEN IN THE JUDGMENT OF 14 DECEMBER 1977 IN CASE 73/77 ( SANDERS V VAN     DER PUTTE ( 1977 ) ECR 2383 ) CONCERNING THE JURISDICTION OF THE COURTS OF THE STATE WHERE THE IMMOVABLE PROPERTY IS SITUATED IN MATTERS RELATING TO TENANCIES OF IMMOVABLE PROPERTY ( ARTICLE 16 ( 1 ) OF THE CONVENTION ). IN THAT CASE THE COURT HELD THAT SUCH JURISDICTION APPLIES EVEN IF THERE IS A DISPUTE AS TO THE ' ' EXISTENCE ' '  OF A LEASE .
8 IT IS THEREFORE NECESSARY TO REPLY TO THE QUESTION PUT BY THE BUNDESGERICHTSHOF THAT THE PLAINTIFF MAY INVOKE THE JURISDICTION OF THE COURTS OF THE PLACE OF PERFORMANCE IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS EVEN WHEN THE EXISTENCE OF THE CONTRACT ON WHICH THE CLAIM IS BASED IS IN DISPUTE BETWEEN THE PARTIES .
Institut national d'assurance maladie-invalidité v Peter Knoeller.
Date: 1982-03-11
9 IN ORDER TO REPLY TO THAT QUESTION , IT SHOULD FIRST BE STATED THAT ARTICLES 33 AND 34 OF REGULATION NO 4 , AS WELL AS THE RULES ADOPTED BY THE ADMINISTRATIVE COMMISSION AS REGARDS THE FORM IN QUESTION , MUST BE INTERPRETED IN THE LIGHT OF ARTICLES 48 TO 51 OF THE EEC TREATY WHICH THE REGULATIONS IN THE FIELD OF SOCIAL SECURITY HAVE AS THEIR BASIS , THEIR FRAMEWORK AND THEIR BOUNDS ( JUDGMENT OF THE COURT OF 5 JULY 1967 IN CASE 1/67 CIECHELSKI ( 1967 ) ECR 181 ). IN FACT THOSE PROVISIONS ARE AIMED AT SECURING FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMON MARKET BY PERMITTING THEM INTER ALIA TO AVAIL THEMSELVES OF RIGHTS ARISING OUT OF PERIODS OF EMPLOYMENT COMPLETED IN DIFFERENT MEMBER STATES . THE LEGAL SIGNIFICANCE OF     FORM E 26 MUST THEREFORE BE APPRAISED IN SUCH A WAY AS NOT TO JEOPARDIZE THE EFFECTIVENESS OF THOSE ARTICLES AND THOSE REGULATIONS CONCERNING THE RIGHTS OF MIGRANT WORKERS IN THE FIELD OF SOCIAL SECURITY .
Fratelli Fancon v Società Industriale Agricole Tresse (SIAT).
Date: 1982-03-11
10 HEADING 12.02 CANNOT APPLY TO FLOUR EXTRACTED FROM SOYA BECAUSE ITS MANUFACTURE YIELDS A DEFATTED PRODUCT . ACCORDING TO THE WORDING OF THE HEADING AND THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATIONAL COUNCIL NOMENCLATURE ONLY FLOURS OR MEALS OF OIL SEEDS AND OLEAGINOUS FRUIT , NON-DEFATTED , COME UNDER THE HEADING .
14 IT IS APPROPRIATE TO REPLY TO THE FIRST OF THESE OBJECTIONS THAT THE DEFATTING PROCESS IS TAKEN AS FAR AS TECHNOLOGY MAKES POSSIBLE AND THAT THE PRESENCE OF TRIFLING QUANTITIES OF RESIDUAL OIL DOES NOT ADVERSELY AFFECT THE QUALITY OF A FLOUR WHOSE MAIN PROPERTY IS THE PRESENCE OF PROTEINS OF HIGH NUTRITIVE VALUE FOR CATTLE . THE SECOND OBJECTION MUST BE REFUTED ON THE GROUND THAT THE TERM ' ' RESIDUE ' '  IS NOT TO BE CONFUSED WITH THAT OF ' ' WASTE ' ' , AS IS SHOWN BY THE WORDING OF HEADING EX . 23.04 WHICH EXCLUDES ' ' DREGS ' ' , WHICH ARE VIRTUALLY WORTHLESS SUBSTANCES , WHEREAS FLOUR EXTRACTED FROM SOYA IS THE RESIDUE OF SOYA SEEDS REMAINING AFTER THE INDUSTRIAL TREATMENT OF THE SEEDS IN ORDER TO OBTAIN THAT PRODUCT .
15 IT MUST THEREFORE BE CONCLUDED THAT FLOUR EXTRACTED FROM SOYA MUST BE CLASSIFIED IN HEADING EX 23.04 OF THE COMMON CUSTOMS TARIFF AND THAT IT IS THEREFORE INCLUDED AMONG THE PRODUCTS LISTED IN ARTICLE 1 ( 2 ) OF REGULATION NO 136/66/EEC OF THE COUNCIL ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS .
Liliane Chaumont-Barthel v European Parliament.
Date: 1982-03-18
11 THE PARTIES ARE AGREED THAT THE PURPOSE OF THE RIGHT OF SUBROGATION ENJOYED BY THE COMMUNITIES IS TO PREVENT AN OFFICIAL FROM BEING COMPENSATED TWICE IN RESPECT OF THE SAME DAMAGE .