larimo/cjeu-paragraph-retrieval huggingface dataset:
Deutscher Komponistenverband e.V. v Commission of the European Communities.
Date: 1971-07-13
2 THE THIRD PARAGRAPH OF ARTICLE 175 PROVIDES THAT ANY NATURAL OR LEGAL PERSON MAY, UNDER THE CONDITIONS LAID DOWN IN THE PRECEDING PARAGRAPHS OF THE SAME ARTICLE, COMPLAIN TO THE COURT OF JUSTICE THAT AN INSTITUTION OF THE COMMUNITY HAS FALED TO ADDRESS TO THAT PERSON ANY ACT OTHER THAN A RECOMMENDATION OR AN OPINION .
IT IS CLEAR FROM THE CONTEXT, ESPECIALLY FROM THE FIRST PARAGRAPH, THAT BY ITS USE OF THE PHRASE " HAS FAILED TO ADDRESS TO THAT PERSON ANY ACT ", THE ARTICLE REFERS TO FAILURE TO ACT IN THE SENSE OF FAILURE TO TAKE A DECISION OR TO DEFINE A POSITION, AND NOT THE ADOPTION OF A MEASURE DIFFERENT FROM THAT DESIRED OR CONSIDERED NECESSARY BY THE PERSONS CONCERNED .
Ministère public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others.
Date: 1971-07-14
11 AN UNDERTAKING WHICH ENJOYS CERTAIN PRIVILEGES FOR THE ACCOMPLISHMENT OF THE TASK ENTRUSTED TO IT BY LAW, MAINTAINING FOR THIS PURPOSE CLOSE LINKS WITH THE PUBLIC AUTHORITIES, AND WHICH IS RESPONSIBLE FOR ENSURING THE NAVIGABILITY OF THE STATE' S MOST IMPORTANT WATERWAY, MAY FALL WITHIN THIS PROVISION .
Günther Henck v Hauptzollamt Emmerich.
Date: 1971-07-14
5 THE PRINCIPLE OF LEGAL CERTAINTY MAKES IT NECESSARY TO REFER TO THE STATE OF THE LAW IN FORCE WHEN THE REGULATION IN QUESTION WAS APPLIED . THE WORDING OF THE QUESTION WHICH HAS BEEN REFERRED DOES NOT PREVENT THE INTERPRETATION REQUESTED BEING SOUGHT WHILST COMPLYING WITH THAT PRINCIPLE .
Rheinmühlen Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1971-10-27
1 BY ORDER DATED 15 DECEMBER 1970, RECEIVED AT THE COURT REGISTRY ON 3 MARCH 1971, THE BUNDESFINANZHOF REFERRED TO THE COURT FOR A PRELIMINARY RULING SEVERAL QUESTIONS ON THE INTERPRETATION OF REGULATION NO 19 OF THE COUNCIL AND OF REGULATION NO 164/64/EEC OF THE COMMISSION AS WELL AS ON THE VALIDITY OF REGULATION NO 162/64/EEC OF THE COMMISSION .
THE FIRST QUESTION
14 ( 1 ) THE NON-DISCRIMINATION RULE WOULD ONLY BE INFRINGED IF IT WERE SHOWN THAT THE COMMUNITY LEGISLATURE HAD TREATED COMPARABLE SITUATIONS DIFFERENTLY .
THE COMPARABILITY OR OTHERWISE OF THE COMMUNITY REFUNDS ON THE ONE HAND, AND THE THIRD-COUNTRY REFUNDS ON THE OTHER HAND, MUST BE CONSIDERED IN THE LIGHT OF THE AIMS OF THE COMMUNITY AGRICULTURAL SYSTEM .
August Keller v Caisse régionale d'assurance vieillesse des travailleurs salariés de Strasbourg.
Date: 1971-11-10
13 IF THIS PROCEDURE WERE TO LEAD IN CERTAIN CASES TO MIGRANT WORKERS BEING PLACED AT AN ADVANTAGE IN COMPARISON WITH NATIONALS OF THE STATE IN WHICH THEY WORK, THIS CONSEQUENCE WOULD FOLLOW NOT FROM THE INTERPRETATION OF COMMUNITY LAW BUT FROM THE SYSTEM AT PRESENT IN FORCE, WHICH, IN THE ABSENCE OF A COMMON SOCIAL SECURITY SCHEME, DEPENDS ON A SIMPLE COORDINATION OF NATIONAL LEGISLATIVE SYSTEMS WHICH HAVE NOT BEEN HARMONIZED .
Werner A. Bock v Commission of the European Communities.
Date: 1971-11-23
6 ( 2 ) THE DEFENDANT CONTENDS THAT IN ANY EVENT AN AUTHORIZATION GRANTED TO THE FEDERAL REPUBLIC IS NOT OF DIRECT CONCERN TO THE APPLICANT SINCE THE FEDERAL REPUBLIC REMAINED FREE TO MAKE USE OF IT .
7 THE APPROPRIATE GERMAN AUTHORITIES HAD NEVERTHELESS ALREADY INFORMED THE APPLICANT THAT THEY WOULD REJECT ITS APPLICATION AS SOON AS THE COMMISSION HAD GRANTED THEM THE REQUISITE AUTHORIZATION . THEY HAD REQUESTED THAT AUTHORIZATION WITH PARTICULAR REFERENCE TO THE APPLICATIONS ALREADY BEFORE THEM AT THAT TIME .
8 IT FOLLOWS THEREFORE THAT THE MATTER WAS OF DIRECT CONCERN TO THE APPLICANT .
Béguelin Import Co. v S.A.G.L. Import Export.
Date: 1971-11-25
11 THE FACT THAT ONE OF THE UNDERTAKINGS WHICH ARE PARTIES TO THE AGREEMENT IS SITUATED IN A THIRD COUNTRY DOES NOT PREVENT APPLICATION OF THAT PROVISION SINCE THE AGREEMENT IS OPERATIVE ON THE TERRITORY OF THE COMMON MARKET .
16 C - FINALLY, IN ORDER TO COME WITHIN THE PROHIBITION IMPOSED BY ARTICLE 85, THE AGREEMENT MUST AFFECT TRADE BETWEEN MEMBER STATES AND THE FREE PLAY OF COMPETITION TO AN APPRECIABLE EXTENT .
29 SINCE THE NULLITY REFERRED TO IN ARTICLE 85 ( 2 ) IS ABSOLUTE, AN AGREEMENT WHICH IS NULL AND VOID BY VIRTUE OF THIS PROVISION HAS NO EFFECT AS BETWEEN THE CONTRACTING PARTIES AND CANNOT BE SET UP AGAINST THIRD PARTIES .
SECOND QUESTION
Aktien-Zuckerfabrik Schöppenstedt v Council of the European Communities.
Date: 1971-12-02
11 IN THE PRESENT CASE THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY PRESUPPOSES AT THE VERY LEAST THE UNLAWFUL NATURE OF THE ACT ALLEGED TO BE THE CAUSE OF THE DAMAGE . WHERE LEGISLATIVE ACTION INVOLVING MEASURES OF ECONOMIC POLICY IS CONCERNED, THE COMMUNITY DOES NOT INCUR NONCONTRACTUAL LIABILITY FOR DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT ACTION, BY VIRTUE OF THE PROVISIONS CONTAINED IN ARTICLE 215, SECOND PARAGRAPH, OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . FOR THAT REASON THE COURT, IN THE PRESENT CASE, MUST FIRST CONSIDER WHETHER SUCH A VIOLATION HAS OCCURRED .
Commission of the European Communities v French Republic.
Date: 1971-12-14
22 THE OBJECT OF THIS PROVISION, WHICH IS PLACED AT THE END OF CHAPTER VI, AND WHICH PUTS INTO EFFECT THE GENERAL OBLIGATION IMPOSED ON THE COMMUNITY INSTITUTIONS BY ARTICLE 2 ( D ) TO ENSURE THAT ALL USERS RECEIVE A REGULAR AND EQUITABLE SUPPLY OF ORES AND NUCLEAR FUELS IS PRECISELY TO ENABLE THE SUPPLY SYSTEM TO BE ADAPTED TO CHANGING CIRCUMSTANCES AND CANNOT THEREFORE BE INTERPRETED AS DEPRIVING THE COMMUNITY OF A MEANS OF ACTION DESIGNED TO ACHIEVE ONE OF THE OBJECTIVES OF THE TREATY .
43 IN ANY CASE, THE FACT THAT MARKET CONDITIONS MAY DURING A GIVEN PERIOD HAVE RENDERED LESS NECESSARY THE USE OF THE SUPPLY MECHANISMS PRESCRIBED BY THE TREATY DOES NOT SUFFICE TO DEPRIVE THE PROVISIONS RELATING TO THESE MECHANISMS OF THEIR MANDATORY CHARACTER .
49 ON THE OTHER HAND, THE PROCEDURE FOR A DECLARATION OF A FAILURE ON THE PART OF A STATE TO FULFIL AN OBLIGATION ITSELF AFFORDS A MEANS OF DETERMINING THE EXACT NATURE OF THE OBLIGATIONS OF THE MEMBER STATES IN CASE OF DIFFERENCES OF INTERPRETATION .
50 FINALLY, ARTICLE 141 DOES NOT REQUIRE THAT OTHER MEMBER STATES SHOULD HAVE BEEN PREJUDICED AS A CONDITION FOR THE USE OF THE PROCEDURE FOR A DECLARATION OF A FAILURE TO FULFIL AN OBLIGATION .
Politi s.a.s. v Ministry for Finance of the Italian Republic.
Date: 1971-12-14
4 ( 2 ) THE ITALIAN GOVERNMENT FURTHER MAINTAINS THAT THE CONDITIONS REQUIRED FOR THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 177 ARE NOT FULFILLED, AS THE DECISION ( DECRETO ) WHICH THE PRESIDENT OF THE TRIBUNALE DI TORINO IS CALLED UPON TO GIVE IS TO BE MADE AT THE CONCLUSION OF A SPECIAL PROCEDURE ON THE BASIS OF THE PLAINTIFF' S ALLEGATIONS ALONE, WITHOUT ANY PRIOR DISCUSSION BETWEEN THE PARTIES .
5 IT IS SUFFICIENT TO NOTE THAT THE PRESIDENT OF THE TRIBUNALE DI TORINO IS PERFORMING A JUDICIAL FUNCTION WITHIN THE MEANING OF ARTICLE 177 AND THAT HE CONSIDERED AN INTERPRETATION OF COMMUNITY LAW TO BE NECESSARY TO ENABLE HIM TO REACH A DECISION, THERE BEING THEREFORE NO NEED FOR THE COURT TO CONSIDER THE STAGE OF THE PROCEEDINGS AT WHICH THE QUESTIONS WERE REFERRED .
II - THE SUBSTANCE
THE FIRST QUESTION
7 IT IS CLEAR FROM THE JUDGMENTS OF THE COURT OF 1 JULY 1969 IN CASE 24/68 ( 1969 ) ECR 193 ) AND 18 NOVEMBER 1970 IN CASE 8/70 ( REC . 1970, P . 961 ) THAT SUCH DUTIES AND LEVIES CONSTITUTE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES WITHIN THE MEANING OF ARTICLES 9, 12 AND 13 OF THE EEC TREATY AND CERTAIN REGULATIONS CONCERNING THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKET, IN PARTICULAR ARTICLE 19 ( 1 ) OF REGULATION NO 121/67/EEC OF THE COUNCIL .
THE CONCEPT OF A " CHARGE HAVING EQUIVALENT EFFECT " AS EMPLOYED IN ARTICLES 14 ( 1 ) AND 18 ( 1 ) OF REGULATION NO 20 WHICH PROHIBIT THE LEVYING OF SUCH CHARGES ON IMPORTS OF PIGMEAT FROM MEMBER STATES AND THIRD COUNTRIES IS EQUIVALENT TO THE SAME EXPRESSION EMPLOYED IN ARTICLE 9 ET SEQ . OF THE TREATY AND IN OTHER REGULATIONS ON THE ORGANIZATION OF AGRICULTURAL MARKETS .
QUESTIONS 2 ( A ) AND ( B ), 3 ( A ) AND ( B ), 4 ( A ) AND ( B ), 5 ( A ) AND ( B )
10 FINALLY, THE COURT IS ASKED TO GIVE THE DATES ON WHICH THESE INDIVIDUAL RIGHTS CAME INTO EXISTENCE, PURSUANT TO ARTICLES 14 ( 1 ) AND 18 ( 1 ) OF REGULATION NO 20, AND ARTICLES 17 ( 1 ) AND 19 ( 1 ) OF REGULATION NO 121/67 .
THE COURT IS ALSO REQUESTED TO STATE WHETHER THESE RIGHTS HAVE REMAINED IN EXISTENCE SINCE THEIR CREATION UNDER REGULATION NO 20 .
IT IS, THEREFORE, NECESSARY TO ASCERTAIN THE DATES ON WHICH THOSE PROVISIONS CAME INTO EFFECT AND WHETHER THEY HAVE REMAINED EFFECTIVE SINCE THAT TIME .
International Fruit Company NV and others v Produktschap voor groenten en fruit.
Date: 1971-12-15
4 THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT WHEN PROVISIONS OF THE TREATY OR OF REGULATIONS CONFER POWER OR IMPOSE OBLIGATIONS UPON THE STATES FOR THE PURPOSES OF THE IMPLEMENTATION OF COMMUNITY LAW THE QUESTION OF HOW THE EXERCISE OF SUCH POWERS AND THE FULFILMENT OF SUCH OBLIGATIONS MAY BE ENTRUSTED BY MEMBER STATES TO SPECIFIC NATIONAL BODIES IS SOLELY A MATTER FOR THE CONSTITUTIONAL SYSTEM OF EACH STATE .
SECOND QUESTION
Gervais-Danone AG v Hauptzollamt München-Schwanthalerstraße.
Date: 1971-12-15
8 THE LEGAL BASIS OF REGULATION NO 241/70 IS TO BE FOUND IN REGULATION ( EEC ) NO 97/69 WHICH AUTHORIZES THE COMMISSION TO ADOPT THE MEASURES NECESSARY FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF AS REGARDS CLASSIFICATION OF GOODS, THE PURPOSE OF SUCH PROVISIONS BEING TO GIVE FURTHER DETAILS OF THE CONTENT OF THE HEADINGS OR SUBHEADINGS OF THE COMMON CUSTOMS TARIFF WITHOUT IN ANY WAY AMENDING THE TEXT THEREOF . A REGULATION ADOPTED UNDER REGULATION NO 97/69 IS OF A LEGISLATIVE NATURE AND CANNOT HAVE RETROACTIVE EFFECT . THEREFORE, REGULATION NO 241/70 CANNOT BE APPLIED FOR THE PURPOSE OF DETERMINING THE CLASSIFICATION OF PRODUCTS IMPORTED BEFORE ITS ENTRY INTO FORCE .
Nordgetreide GmbH & Co. Kg v Commission of the European Communities.
Date: 1972-03-08
5 SINCE THE DEFINITION BY THE COMMISSION OF ITS POSITION AMOUNTS TO A REJECTION IT MUST BE APPRAISED IN THE LIGHT OF THE OBJECT OF THE REQUEST TO WHICH IT CONSTITUTED A REPLY . THE OBJECT OF THE REQUEST WAS THE INCLUSION IN THE ANNEX TO REGULATIONS NOS 1014/71 AND 1272/71 OF THE PRODUCTS OF CONCERN TO THE APPLICANT; IT ACCORDINGLY SOUGHT AMENDMENT OF A REGULATION BY AN ACT WHICH WOULD ITSELF HAVE TAKEN THE FORM OF A REGULATION . IN FACT, INCLUSION IN THE ANNEX TO THE REGULATIONS CONCERNED OF THE PRODUCTS REFERRED TO BY THE APPLICANT WOULD HAVE HAD THE EFFECT OF APPLYING THE SYSTEM OF COMPENSATORY AMOUNTS TO ALL EXPORTS AND, FURTHERMORE, TO ALL IMPORTS OF THE PRODUCTS INVOLVED TO THE ADVANTAGE OR THE DISADVANTAGE, AS THE CASE MAY BE, OF ANY AND EVERY EXPORTER OR IMPORTER . SUCH A PROVISION WOULD HAVE AFFECTED THE APPLICANT ONLY IN SO FAR AS IT BELONGS TO A CATEGORY VIEWED IN THE ABSTRACT AND IN ITS ENTIRETY AND NOT AS THE PERSON TO WHOM AN ACT OF DIRECT AND INDIVIDUAL CONCERN TO HIM WAS ADDRESSED . IN CONSEQUENCE THERE IS A WANT OF THE CONDITIONS TO WHICH UNDER ARTICLE 173 ( 2 ) PROCEEDINGS BY INDIVIDUALS AGAINST THE ACTS OF THE INSTITUTIONS ARE SUBJECT .
Ministère public de la Italian Republic v Società agricola industria latte (SAIL).
Date: 1972-03-21
5 ARTICLE 177, WHICH IS WORDED IN GENERAL TERMS, DRAWS NO DISTINCTION ACCORDING TO THE NATURE, CRIMINAL OR OTHERWISE, OF THE NATIONAL PROCEEDINGS WITHIN THE FRAMEWORK OF WHICH THE PRELIMINARY QUESTIONS HAVE BEEN FORMULATED . THE EFFECTIVENESS OF COMMUNITY LAW CANNOT VARY ACCORDING TO THE VARIOUS BRANCHES OF NATIONAL LAW WHICH IT MAY AFFECT . THE COURT THEREFORE HAS JURISDICTION TO REPLY TO THE QUESTIONS SUBMITTED .
THE SUBSTANCE OF THE CASE
Adalgisa Merluzzi v Caisse primaire centrale d'assurance maladie de la région parisienne.
Date: 1972-03-22
10 THAT IS A QUESTION OF FACT, WHICH IT IS NOT FOR THE COURT OF JUSTICE BUT FOR THE NATIONAL COURT TO DECIDE .
Günter Henck v Hauptzollamt Emden.
Date: 1972-03-23
4 IN THE INTERESTS OF LEGAL CERTAINTY AND OF ADMINISTRATION THE CLASSIFICATION OF GOODS IN THE COMMON CUSTOMS TARIFF IS IN PRINCIPLE CARRIED OUT ON THE BASIS OF THEIR OBJECTIVE CHARACTERISTICS . THE WORDING OF HEADING 23.07 TO WHICH REGULATION NO 19/62 REFERS ATTRIBUTES DECISIVE IMPORTANCE TO THE FACT THAT THE RELEVANT PRODUCTS MUST BE A " PREPARATION " AND THAT IT MUST BE INTENDED FOR FEEDING ANIMALS . " PREPARATION " MUST MEAN EITHER THE PROCESSING OF A PRODUCT OR A MIXTURE WITH OTHER PRODUCTS . THE FACT THAT THE PREPARATION IS USED FOR FEEDING ANIMALS CONSTITUTES AN OBJECTIVE FACTOR ENABLING IT TO BE ASCERTAINED WHETHER IT IS SUITABLE ONLY FOR FEEDING ANIMALS . ACCORDINGLY, THE OBJECTIVE CHARACTERISTICS AND PROPERTIES OF THE PRODUCTS WHICH SUPPLY THE DECISIVE CRITERION FOR THEIR CLASSIFICATION UNDER THE SAID TARIFF HEADING .
12 HEADING 23.07 REFERS TO PRODUCTS WHICH HAVE BEEN FINALLY PROCESSED OR ARE THE RESULT OF A MIXTURE OF DIFFERENT SUBSTANCES AND WHICH ARE ONLY SUITABLE FOR FEEDING ANIMALS . THIS GENERAL CRITERION MUST BE SUPPLEMENTED IN THE LIGHT OF THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE, HEADING II C OF WHICH EXCLUDES FROM THE CATEGORY OF FORAGE PREPARATIONS " PELLETS MADE FROM A SINGLE MATERIAL, OR FROM A MIXTURE OF SEVERAL MATERIALS WHICH IS CLASSIFIED AS SUCH IN ONE SPECIFIC HEADING, EVEN WITH AN ADDED BINDER ( MOLASSES, STARCHY SUBSTANCES, ETC .) IN A PROPORTION GENERALLY NOT EXCEEDING 3 PER CENT BY WEIGHT ( HEADING 07.06, 12.10, 23.01, ETC .) ". FURTHERMORE, THE REFERENCE MADE IN REGULATION NO 19/62 TO TARIFF HEADING 23.07 DOES NOT ENCOMPASS FORAGE PREPARATIONS WHICH, WHILST COMING UNDER THIS HEADING, DO NOT CONTAIN PRODUCTS REFERRED TO AS SUCH BY THE PROVISIONS OF THE COMMON ORGANIZATION OF THE MARKETS LAID DOWN BY THE SAID REGULATION . WITH REGARD TO THE PERCENTAGES, IT IS FOR THE NATIONAL COURTS TO APPLY THE LAW TO THE PRESENT CASE .
Orsolina Leonesio v Ministero dell'agricoltura e foreste.
Date: 1972-05-17
5 ( 2 ) THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY PROVIDES THAT A REGULATION SHALL HAVE " GENERAL APPLICATION " AND " SHALL BE ... DIRECTLY APPLICABLE IN ALL MEMBER STATES ". THEREFORE, BECAUSE OF ITS NATURE AND ITS PURPOSE WITHIN THE SYSTEM OF SOURCES OF COMMUNITY LAW IT HAS DIRECT EFFECT AND IS, AS SUCH, CAPABLE OF CREATING INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
Compagnie d'approvisionnement, de transport et de crédit SA and Grands Moulins de Paris SA v Commission of the European Communities.
Date: 1972-06-13
13 SINCE LEGISLATIVE MEASURES INVOLVING MEASURES OF ECONOMIC POLICY ARE CONCERNED, THE COMMUNITY DOES NOT INCUR SUCH LIABILITY FOR DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THOSE MEASURES BY VIRTUE OF THE PROVISIONS IN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED .
45 THE APPLICANTS CLAIM THAT THE COMMUNITY INCURS LIABILITY EVEN IN THE ABSENCE OF ILLEGALITY BECAUSE THE APPLICANTS HAVE SUFFERED " UNUSUAL AND SPECIAL DAMAGE " OWING TO THE FACT THAT THEY WERE TREATED LESS FAVOURABLY THAN, FIRST, IMPORTERS FROM MEMBER STATES OTHER THAN FRANCE AND, SECONDLY, THAN GERMAN AND NETHERLANDS EXPORTERS .
46 ANY LIABILITY FOR A VALID LEGISLATIVE MEASURE IS INCONCEIVABLE IN A SITUATION LIKE THAT IN THE PRESENT CASE SINCE THE MEASURES ADOPTED BY THE COMMISSION WERE ONLY INTENDED TO ALLEVIATE, IN THE GENERAL ECONOMIC INTEREST, THE CONSEQUENCES WHICH RESULTED IN PARTICULAR FOR ALL FRENCH IMPORTERS FROM THE NATIONAL DECISION TO DEVALUE THE FRANC .
Antonio Marcato v Commission of the European Communities.
Date: 1972-06-14
19 AS REGARDS THE ABSENCE OF REASONS FOR THE DECISION, THE PROCEEDINGS OF A SELECTION BOARD INVOLVE AT LEAST TWO DISTINCT STAGES, THAT IS, FIRST CONSIDERATION OF THE APPLICATIONS, IN ORDER TO SORT OUT THE CANDIDATES ALLOWED TO ENTER THE COMPETITION AND, SECONDLY, CONSIDERATION OF THE ABILITIES OF THE CANDIDATES FOR THE POST, IN ORDER TO DRAW UP A LIST OF THOSE SUITABLE .
20 IF THE SECOND STAGE ABOVE ALL CONSISTS OF MAKING COMPARISONS AND IS, THEREFORE, GOVERNED BY THE PRINCIPLE OF SECRECY INHERENT IN THE PROCEEDINGS OF A SELECTION BOARD, THE FIRST CONSISTS, IN PARTICULAR IN A COMPETITION ON THE BASIS OF QUALIFICATIONS, OF A COMPARISON OF THE QUALIFICATIONS PRODUCED BY THE CANDIDATES WITH THOSE REQUIRED BY THE NOTICE OF COMPETITION .
Fratelli Grassi fu Davide v Italian Finance Administration.
Date: 1972-06-15
4 ACCORDING TO ARTICLE 177 OF THE TREATY IT IS FOR THE NATIONAL COURT AND NOT THE PARTIES TO THE MAIN ACTION TO BRING THE MATTER BEFORE THE COURT OF JUSTICE . SINCE THE POWER TO FORMULATE THE QUESTIONS TO BE REFERRED IS VESTED IN THE NATIONAL COURT ALONE THE PARTIES CANNOT ALTER THE WORDING OF THOSE QUESTIONS . IN THE PRESENT CASE, IT IS CLEAR FROM THE TEXT OF THE JUDGMENT IN WHICH THE COTE D' APPELLO, BRESCIA, DECIDED TO MAKE THE REFERENCE TO THE COURT OF JUSTICE THAT THE NATIONAL COURT HAS ITSELF REACHED A DECISION ON THE QUESTIONS RELATING TO THE PERIOD AFTER 30 JUNE 1967 . THERE IS THEREFORE NO REASON TO EXAMINE THE PROBLEMS RELATING TO THAT PERIOD .
II - THE QUESTIONS REFERRED TO THE COURT
Rita Frilli v Belgian State.
Date: 1972-06-22
18 THUS AS REGARDS A WAGE-EARNER OR ASSIMILATED WORKER WHO HAS COMPLETED PERIODS OF EMPLOYMENT IN A MEMBER STATE, RESIDES IN THAT STATE AND IS ENTITLED TO A PENSION THERE, THE LEGISLATIVE PROVISIONS GIVING ALL ELDERLY RESIDENTS A LEGALLY PROTECTED RIGHT TO A MINIMUM PENSION ARE PROVISIONS WHICH, AS REGARDS THESE WORKERS, COME WITHIN THE FIELD OF SOCIAL SECURITY COVERED BY ARTICLE 51 OF THE TREATY AND WITHIN THE REGULATIONS ADOPTED IN APPLICATION OF THAT ARTICLE, EVEN WHERE SUCH LEGISLATION MIGHT FALL OUTSIDE THIS CLASSIFICATION AS REGARDS OTHER CATEGORIES OF RECIPIENTS .
20 THE DIFFICULTIES WHICH MAY OCCUR AS REGARDS THE COMMUNITY RULES AS THE RESULT OF THE APPLICATION OF GENERAL SYSTEMS OF SOCIAL PROTECTION, WHICH HAVE BEEN DESIGNED FOR A POPULATION AS A WHOLE AND ARE BASED ON REQUIREMENTS OF NATIONALITY AND RESIDENCE, ARE INHERENT IN THE VERY NATURE OF SUCH SYSTEMS, WHICH ARE INTENDED TO PROTECT SIMULTANEOUSLY EMPLOYED PERSONS COVERED AS SUCH BY SOCIAL SECURITY AND PERSONS WHO ARE NOT THUS COVERED .
21 ALTHOUGH THESE DIFFICULTIES, TAKEN AS A WHOLE, CAN ONLY BE RESOLVED WITHIN THE CONTEXT OF A LEGISLATIVE ACTION TAKEN BY THE COMMUNITY, NEVERTHELESS THIS FACT CANNOT ADVERSELY AFFECT THE RIGHT AND DUTY OF COURTS AND TRIBUNALS TO ENSURE THAT MIGRANT WORKERS RECEIVE PROTECTION WHEREVER THIS PROVES TO BE POSSIBLE UNDER THE PRINCIPLES OF THE SOCIAL LEGISLATION OF THE COMMUNITY, AND WITHOUT THEREBY BREAKING UP THE SYSTEM SET UP BY THE NATIONAL LEGISLATION IN QUESTION .
Michel Jamet v Commission of the European Communities.
Date: 1972-06-28
11 THE PARTS OF THE CONTESTED DECISION WHOSE ANNULMENT IS REQUESTED ARE INSEPARABLE FROM THIS DECISION AS A WHOLE SO THAT IN THEIR ABSENCE THE MEASURE IN DISPUTE WOULD NO LONGER BE CAPABLE OF PRODUCING LEGAL EFFECTS .
12 FURTHERMORE, IF THE COURT WERE TO ANNUL THE ENTIRE MEASURE THIS WOULD CONSTITUTE A RULING ULTRA PETITA SINCE THE APPLICATION AGAINST THE CONTESTED DECISION DOES NOT CONCERN PUBLIC POLICY .
Henri Brasseur v European Parliament.
Date: 1972-06-28
11 THE PURPOSE OF THESE PROVISIONS IS TO GUARANTEE AN OFFICIAL' S RIGHT OF DEFENCE BY ENSURING THAT DECISIONS TAKEN BY THE APPOINTING AUTHORITY AFFECTING HIS ADMINISTRATIVE STATUS AND HIS CAREER ARE NOT BASED ON MATTERS CONCERNING HIS CONDUCT WHICH ARE NOT INCLUDED IN HIS PERSONAL FILE .
Commission of the European Communities v Italian Republic.
Date: 1972-07-13
7 IN THE PRESENT CASE THE EFFECT OF COMMUNITY LAW, DECLARED AS RES JUDICATA IN RESPECT OF THE ITALIAN REPUBLIC, IS A PROHIBITION HAVING THE FULL FORCE OF LAW ON THE COMPETENT NATIONAL AUTHORITIES AGAINST APPLYING A NATIONAL RULE RECOGNIZED AS INCOMPATIBLE WITH THE TREATY AND, IF THE CIRCUMSTANCES SO REQUIRE, AN OBLIGATION ON THEM TO TAKE ALL APPROPRIATE MEASURES TO ENABLE COMMUNITY LAW TO BE FULLY APPLIED .
Alo Heinemann v Commission of the European Communities.
Date: 1972-07-13
12 HOWEVER, WHILE IT MAY BE POSSIBLE TO DOUBT THE EXISTENCE OF A WRONGFUL ACT OR OMISSION CONCERNING THE SUPPLY OF INCORRECT INFORMATION, THE SAME CANNOT BE SAID OF THE DEPARTMENTS' DELAY IN RECTIFYING THE INFORMATION . ALTHOUGH SUCH RECTIFICATION WAS POSSIBLE AS EARLY AS APRIL 1968 IT WAS DEFERRED WITHOUT ANY JUSTIFICATION UNTIL THE END OF 1968 . AN EXPRESS CORRECTION MADE SHORTLY AFTER 16 APRIL, THAT IS TO SAY, BEFORE THE TIME WHEN THOSE CONCERNED HAD TO MAKE THEIR DECISION, WOULD CERTAINLY HAVE ENABLED THE DEFENDANT TO AVOID ALL LIABILITY FOR THE CONSEQUENCES OF THE WRONG INFORMATION . THE FAILURE TO ISSUE SUCH A CORRECTION IS, ON THE OTHER HAND, A MATTER OF SUCH A NATURE AS TO RENDER THE COMMUNITIES LIABLE .
Imperial Chemical Industries Ltd. v Commission of the European Communities.
Date: 1972-07-14
10 BY APPLICATION LODGED AT THE COURT REGISTRY ON 1 OCTOBER 1969 IMPERIAL CHEMICAL INDUSTRIES LTD . HAS BROUGHT AN APPLICATION AGAINST THAT DECISION .
SUBMISSIONS RELATING TO PROCEDURE AND TO FORM
THE SUBMISSIONS CONCERNING THE ADMINISTRATIVE PROCEDURE
( A ) THE COMPLAINT RELATING TO THE SIGNING OF THE " NOTICE OF OBJECTIONS " BY AN OFFICIAL OF THE COMMISSION
11 THE APPLICANT ASSERTS THAT THE NOTICE OF OBJECTIONS, FOR WHICH ARTICLE 2 OF REGULATION NO 99/63 OF THE COMMISSION MAKES PROVISION, IS IRREGULAR BECAUSE IT IS SIGNED BY THE DIRECTOR-GENERAL FOR COMPETITION PER PROCURATIONEM ALTHOUGH, ACCORDING TO THE APPLICANT, NO SUCH DELEGATION OF POWERS ON THE PART OF THE COMMISSION IS PERMITTED .
12 IT IS ESTABLISHED THAT THE DIRECTOR-GENERAL FOR COMPETITION DID NO MORE THAN SIGN THE NOTICE OF OBJECTIONS WHICH THE MEMBER OF THE COMMISSION RESPONSIBLE FOR PROBLEMS OF COMPETITION HAD PREVIOUSLY APPROVED IN THE EXERCISE OF THE POWERS WHICH THE COMMISSION HAD DELEGATED TO HIM .
13 THEREFORE THAT OFFICIAL DID NOT ACT PURSUANT TO A DELEGATION OF POWERS BUT SIMPLY SIGNED AS A PROXY ON AUTHORITY RECEIVED FROM THE COMMISSIONER RESPONSIBLE .
14 THE DELEGATION OF SUCH AUTHORITY CONSTITUTES A MEASURE RELATING TO THE INTERNAL ORGANIZATION OF THE DEPARTMENTS OF THE COMMISSION, IN ACCORDANCE WITH ARTICLE 27 OF THE PROVISIONAL RULES OF PROCEDURE ADOPTED UNDER ARTICLE 16 OF THE TREATY OF 8 APRIL 1965 ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION .
64 ARTICLE 85 DRAWS A DISTINCTION BETWEEN THE CONCEPT OF " CONCERTED PRACTICES " AND THAT OF " AGREEMENTS BETWEEN UNDERTAKINGS " OR OF " DECISIONS BY ASSOCIATIONS OF UNDERTAKINGS "; THE OBJECT IS TO BRING WITHIN THE PROHIBITION OF THAT ARTICLE A FORM OF COORDINATION BETWEEN UNDERTAKINGS WHICH, WITHOUT HAVING REACHED THE STAGE WHERE AN AGREEMENT PROPERLY SO-CALLED HAS BEEN CONCLUDED, KNOWINGLY SUBSTITUTES PRACTICAL COOPERATION BETWEEN THEM FOR THE RISKS OF COMPETITION .
131 THE APPLICANT OBJECTS THAT THIS CONDUCT IS TO BE IMPUTED TO ITS SUBSIDIARIES AND NOT TO ITSELF .
132 THE FACT THAT A SUBSIDIARY HAS SEPARATE LEGAL PERSONALITY IS NOT SUFFICIENT TO EXCLUDE THE POSSIBILITY OF IMPUTING ITS CONDUCT TO THE PARENT COMPANY .
133 SUCH MAY BE THE CASE IN PARTICULAR WHERE THE SUBSIDIARY, ALTHOUGH HAVING SEPARATE LEGAL PERSONALITY, DOES NOT DECIDE INDEPENDENTLY UPON ITS OWN CONDUCT ON THE MARKET, BUT CARRIES OUT, IN ALL MATERIAL RESPECTS, THE INSTRUCTIONS GIVEN TO IT BY THE PARENT COMPANY .
139 IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, IT MUST BE ASSUMED THAT ON THE OCCASION OF THE INCREASES OF 1965 AND 1967 THE APPLICANT ACTED IN A SIMILAR FASHION IN ITS RELATIONS WITH ITS SUBSIDIARIES ESTABLISHED IN THE COMMON MARKET .
140 IN THE CIRCUMSTANCES THE FORMAL SEPARATION BETWEEN THESE COMPANIES, RESULTING FROM THEIR SEPARATE LEGAL PERSONALITY, CANNOT OUTWEIGH THE UNITY OF THEIR CONDUCT ON THE MARKET FOR THE PURPOSES OF APPLYING THE RULES ON COMPETITION .
141 IT WAS IN FACT THE APPLICANT UNDERTAKING WHICH BROUGHT THE CONCERTED PRACTICE INTO BEING WITHIN THE COMMON MARKET .