larimo/cjeu-paragraph-retrieval huggingface dataset:
John Friedrich Krohn (GmbH & Co. KG) v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1985-12-12
14 HOWEVER , AS THE COURT HAS DECIDED IN ITS JUDGMENTS OF 20 FEBRUARY 1975 ( ADOLF REICH V HAUPTZOLLAMT LANDAU ( 1975 ) ECR 261 ) AND 11 JULY 1978 ( UNION FRANCAISE DES CEREALES V HAUPTZOLLAMT HAMBURG-JONAS ( 1978 ) ECR 1675 ), THE POSITION MAY BE DIFFERENT IN CERTAIN EXCEPTIONAL CASES . IT IS CLEAR FROM THOSE JUDGMENTS THAT TRADERS ARE ENTITLED TO RELY ON AN APPLICATION BY ANALOGY OF A REGULATION WHICH WOULD NOT NORMALLY BE APPLICABLE TO THEM IF THEY CAN SHOW THAT THE RULES APPLICABLE TO THEIR CASE :
ON THE ONE HAND , ARE VERY SIMILAR TO THOSE WHICH IT IS SOUGHT TO HAVE APPLIED BY ANALOGY ; AND ,
ON THE OTHER HAND , CONTAIN AN OMISSION WHICH IS INCOMPATIBLE WITH A GENERAL PRINCIPLE OF COMMUNITY LAW AND WHICH CAN BE REMEDIED BY APPLICATION BY ANALOGY OF THOSE OTHER RULES .
Gebr. Metelmann GmbH & Co. KG v Hauptzollamt Hamburg - Jonas.
Date: 1985-12-12
11 IN THAT REGARD , IT MUST BE EMPHASIZED THAT IN VIEW OF THE SUBSTANTIAL VOLUME OF GOODS EXPORTED FROM THE COMMUNITY EVERY YEAR WHICH QUALIFY FOR A REFUND , IT IS VIRTUALLY IMPOSSIBLE TO CHECK WHETHER THE GOODS LEAVING THE COMMUNITY ARE THE SAME AS THOSE WHICH WERE THE SUBJECT OF A CUSTOMS DECLARATION OTHER THAN ON THE BASIS OF THE PACKAGING AND THE DIMENSIONS OF THE GOODS . EFFECTIVE SUPERVISION IS ESSENTIAL TO ENSURE THE PROPER FUNCTIONING OF THE SYSTEM OF REFUNDS , INASMUCH AS THE REFUNDS ACTUALLY DUE CAN BE PAID ONLY IF THE GOODS LEAVING THE COMMUNITY ARE PROPERLY IDENTIFIED .
Pietro Pinna v Caisse d'allocations familiales de la Savoie.
Date: 1986-01-15
20 AS REGARDS THE DIFFERENCE IN TREATMENT BETWEEN WORKERS TO WHOM ARTICLE 73 ( 1 ) APPLIES AND WORKERS SUBJECT TO THE ARRANGEMENTS LAID DOWN IN ARTICLE 73 ( 2 ), IT MUST BE OBSERVED THAT ARTICLE 51 OF THE TREATY PROVIDES FOR THE COORDINATION , NOT THE HARMONIZATION , OF THE LEGISLATION OF THE MEMBER STATES . AS A RESULT , ARTICLE 51 LEAVES IN BEING DIFFERENCES BETWEEN THE MEMBER STATES '  SOCIAL SECURITY SYSTEMS AND , CONSEQUENTLY , IN THE RIGHTS OF PERSONS WORKING IN THE MEMBER STATES . IT FOLLOWS THAT SUBSTANTIVE AND PROCEDURAL DIFFERENCES BETWEEN THE SOCIAL SECURITY SYSTEMS OF INDIVIDUAL MEMBER STATES , AND HENCE IN THE RIGHTS OF PERSONS WORKING IN THE MEMBER STATES , ARE UNAFFECTED BY ARTICLE 51 OF THE TREATY .
23 MORE SPECIFICALLY WITH REGARD TO THE ASSESSMENT OF THE VALIDITY OF ARTICLE 73 ( 2 ) ITSELF , IT MUST BE STATED THAT THE PRINCIPLE OF EQUAL TREATMENT PROHIBITS NOT ONLY OVERT DISCRIMINATION BASED ON NATIONALITY BUT ALL COVERT FORMS OF DISCRIMINATION WHICH , BY APPLYING OTHER DISTINGUISHING CRITERIA , IN FACT ACHIEVE THE SAME RESULT .
24 THAT IS PRECISELY THE CASE WHEN THE CRITERION SET OUT IN ARTICLE 73 ( 2 ) IS USED IN ORDER TO DETERMINE THE LEGISLATION APPLICABLE TO THE FAMILY BENEFITS OF A MIGRANT WORKER . ALTHOUGH AS A GENERAL RULE THE FRENCH LEGISLATION EMPLOYS THE SAME CRITERION TO DETERMINE THE ENTITLEMENT TO FAMILY BENEFITS OF A FRENCH WORKER EMPLOYED IN FRENCH TERRITORY , THAT CRITERION IS BY NO MEANS EQUALLY IMPORTANT FOR THAT CATEGORY OF WORKER , SINCE THE PROBLEM OF MEMBERS OF THE FAMILY RESIDING OUTSIDE FRANCE ARISES ESSENTIALLY FOR MIGRANT WORKERS . CONSEQUENTLY , THE CRITERION IS NOT OF SUCH A NATURE AS TO SECURE THE EQUAL TREATMENT LAID DOWN BY ARTICLE 48 OF THE TREATY AND THEREFORE MAY NOT BE EMPLOYED WITHIN THE CONTEXT OF THE COORDINATION OF NATIONAL LEGISLATION WHICH IS LAID DOWN IN ARTICLE 51 OF THE TREATY WITH A VIEW TO PROMOTING THE FREE MOVEMENT OF WORKERS WITHIN THE COMMUNITY IN ACCORDANCE WITH ARTICLE 48 .
28 IN THOSE CIRCUMSTANCES IT MUST BE HELD THAT OWING TO OVERRIDING CONSIDERATIONS OF LEGAL CERTAINTY INVOLVING ALL THE INTERESTS AT STAKE , PUBLIC AND PRIVATE , THE PAYMENT OF FAMILY BENEFITS FOR PERIODS PRIOR TO THE DELIVERY OF THIS JUDGMENT CANNOT , IN PRINCIPLE , BE CALLED IN QUESTION .
Eridania zuccherifici nazionali SpA and others v Cassa conguaglio zucchero and the Italian Ministry of Finance and Treasury.
Date: 1986-01-22
19 THE COURT WOULD FIRST OBSERVE THAT , AS THE COUNCIL AND COMMISSION HAVE EXPLAINED , THE QUOTA SYTEM FOR THE PRODUCTION OF SUGAR IS AN ESSENTIAL PART OF THE COMMON ORGANIZATION OF THE MARKETS IN THAT COMMODITY . AT A TIME WHEN SURPLUSES EXIST ON BOTH THE COMMON MARKET AND THE WORLD MARKET , THE QUOTA SYSTEM CURBS PRODUCTION AND ALIGNS IT AS CLOSELY AS POSSIBLE WITH INTERNAL CONSUMPTION WHILST PROMOTING REGIONAL SPECIALIZATION . TO THAT END , IT PROVIDES FOR THE DISPOSAL AT GUARANTEED PRICES OF QUALIFYING QUANTITIES BY MEANS OF A SYSTEM FOR FINANCING THE COSTS OF DISPOSAL , WHICH ARE BORNE JOINTLY BY ALL THE PRODUCERS . THAT FINANCING SYSTEM IS DESIGNED IN SUCH A WAY THAT THE A QUOTA , WHICH REPRESENTS INTERNAL CONSUMPTION , ATTRACTS ONLY A MINIMAL LEVY WHEREAS THE B QUOTA , WHICH IS MAINLY FOR EXPORT , IS SUBJECT TO A MUCH HIGHER LEVY IN ORDER TO FINANCE THE NECESSARY REFUNDS WHILST DISCOURAGING PRODUCTION .
37 ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST BE APPROPRIATE TO THE NATURE OF THE MEASURE IN QUESTION . IT MUST SHOW CLEARLY AND UNEQUIVOCALLY THE REASONING OF THE COMMUNITY AUTHORITY WHICH ADOPTED THE CONTESTED MEASURE SO AS TO INFORM THE PERSONS CONCERNED OF THE JUSTIFICATION FOR THE MEASURE ADOPTED AND TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW .
38 IT IS ALSO CLEAR FROM THAT CASE-LAW , AS CONFIRMED MOST RECENTLY IN THE COURT ' S JUDGMENT OF 28 OCTOBER 1982 IN JOINED CASES 292 AND 293/81 ( SOCIETE JEAN LION ET CIE , SOCIETE LOIRET & HAENTJENS SA AND OTHERS V FONDS D ' INTERVENTION ET DE REGULARISATION DU MARCHE DU SUCRE ( 1982 ) ECR 3887 ), THAT THE STATEMENT OF THE REASONS ON WHICH REGULATIONS ARE BASED IS NOT REQUIRED TO SPECIFY THE OFTEN VERY NUMEROUS AND COMPLEX MATTERS OF FACT OR OF LAW DEALT WITH IN THE REGULATIONS , PROVIDED THAT THE LATTER FALL WITHIN THE GENERAL SCHEME OF THE BODY OF MEASURES OF WHICH THEY FORM PART . CONSEQUENTLY , IF THE CONTESTED MEASURE CLEARLY DISCLOSES THE ESSENTIAL OBJECTIVE PURSUED BY THE INSTITUTION , IT WOULD BE EXCESSIVE TO REQUIRE A SPECIFIC STATEMENT OF REASONS FOR EACH OF THE TECHNICAL CHOICES MADE BY THE INSTITUTION .
Denkavit France SARL v Fonds d'orientation et de régularisation des marchés agricoles (FORMA).
Date: 1986-01-22
17 ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN THE SECOND PLACE , WHETHER THEY ARE NECESSARY FOR ITS ACHIEVEMENT .
21 NEXT , IT SHOULD BE NOTED THAT THE BARRING OF CLAIMS ON THE GROUND THAT THE REQUISITE DOCUMENTS HAVE BEEN SUBMITTED OUT OF TIME IS NOT A PENALTY BUT , AS A GENERAL RULE , THE NORMAL CONSEQUENCE OF THE EXPIRY OF ANY PRESCRIBED PERIOD THE OBSERVANCE OF WHICH IS MANDATORY . IT MUST BE BORNE IN MIND THAT IN THE PRESENT CASE ARTICLE 15 PROVIDES THAT DELAYS MAY BE JUSTIFIED BY EXCEPTIONAL CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE .
Pietro Soma and others v Commission of the European Communities.
Date: 1986-01-23
13 BY DECISIONS NOTIFIED TO THE APPLICANTS IN MARCH 1984 , THE COMMISSION REJECTED THOSE COMPLAINTS ON THE GROUND THAT THEY WERE IDENTICAL TO THE COMPLAINTS WHICH WERE SUBMITTED IN 1981 BY MRS CELANT AND OTHER OFFICIALS AND WHICH IT HAD REJECTED . IN THAT REGARD , THE COMMISSION POINTED OUT THAT THE POSITION WHICH IT HAD ADOPTED IN 1981 WAS UPHELD BY THE COURT IN ITS JUDGMENT OF 6 OCTOBER 1983 IN JOINED CASES 118 TO 123/82 ( CELANT V COMMISSION ( 1983 ) ECR 2995 ).
26 THE COMMISSION MAINTAINS THAT THAT UNIFORM FILTER , WHICH TAKES THE FORM OF A SINGLE MATHEMATICAL FORMULA DEVISED BY THE COMMISSION PURSUANT TO ARTICLE 11 ( 2 ) OF ANNEX VIII , SEEKS MERELY TO GUARANTEE EQUAL TREATMENT FOR OFFICIALS AND TEMPORARY SERVANTS , WHATEVER THEIR BACKGROUND . THE UNEQUAL RESULT WHICH THE CALCULATION IN QUESTION SEEMS TO PRODUCE IS ONLY APPARENT BECAUSE , IN ANY EVENT , THE AMOUNT OF THE COMMUNITY PENSION IS MUCH GREATER THAN THAT OF THE INPS PENSION . FURTHERMORE , THE COMMISSION REFERS TO THE COURT ' S JUDGMENT OF 6 OCTOBER 1983 IN THE CELANT CASE AND , IN PARTICULAR , TO PARAGRAPH 28 THEREOF , IN WHICH THE COURT UPHELD THE COMMISSION ' S VIEW THAT THE PAYMENT OF EQUIVALENT CONTRIBUTIONS DOES NOT NECESSARILY LEAD TO AN EQUIVALENT NUMBER OF YEARS OF PENSIONABLE SERVICE BEING TAKEN INTO ACCOUNT .
30 HOWEVER , ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT , ' IT IS NOT POSSIBLE TO QUESTION THE DIFFERENCES IN STATUS BETWEEN THE VARIOUS CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES '  AND ' THE FACT THAT SOME CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES MAY ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS WHICH ARE NOT GIVEN TO OTHER CATEGORIES CANNOT , THEREFORE , BE REGARDED AS DISCRIMINATION '  ( PARAGRAPH 22 OF THE JUDGMENT OF 6 OCTOBER 1983 IN CELANT ).
31 MOREOVER , THE COURT CLEARLY EMPHASIZED IN PARAGRAPH 27 OF THAT JUDGMENT THAT THE COMMUNITY LEGISLATURE CANNOT BE REPROACHED FOR FAILING IN 1976 TO TRANSFORM ESTABLISHMENT STAFF INTO TEMPORARY STAFF RETROACTIVELY , PARTICULARLY AS REGARDS AFFILIATION TO THE COMMUNITY PENSION SCHEME , AND THAT ' THE ONLY MACHINERY COMPATIBLE WITH SOUND FINANCIAL MANAGEMENT OF THE COMMUNITY PENSION SCHEME IN THE EVENT OF RETROACTIVE RECOGNITION OF PERIODS OF INSURANCE IS THE APPLICATION OF ARTICLE 11 OF ANNEX VIII TO THE STAFF REGULATIONS ' .
Lars Bo Rasmussen v Commission of the European Communities.
Date: 1986-01-23
12 AS THE COURT HELD IN ITS JUDGMENT OF 1 JULY 1976 IN CASE 58/75 ( SERGY V COMMISSION ( 1976 ) ECR 1139 ), THE OBJECT OF ARTICLE 91 OF THE STAFF REGULATIONS IS TO ENABLE AND ENCOURAGE AN AMICABLE SETTLEMENT TO BE REACHED OF THE DIFFERENCE WHICH HAS ARISEN BETWEEN OFFICIALS OR SERVANTS AND THE ADMINISTRATION , AND , IN ORDER TO COMPLY WITH THIS REQUIREMENT , IT IS ESSENTIAL THAT THE ADMINISTRATION BE IN A POSITION TO KNOW THE COMPLAINTS OR REQUESTS OF THE PERSON CONCERNED ; IT IS NOT THE PURPOSE OF THAT PROVISION TO BIND STRICTLY AND ABSOLUTELY THE CONTENTIOUS STAGE OF THE PROCEEDINGS , IF ANY , PROVIDED THAT THE CLAIMS SUBMITTED AT THAT STAGE CHANGE NEITHER THE LEGAL BASIS NOR THE SUBJECT-MATTER OF THE COMPLAINT .
Trans Tirreno Express SpA v Ufficio provinciale IVA.
Date: 1986-01-23
17 THUS , ACCORDING TO ARTICLE 9 ( 2 ) ( B ), IN THE CASE OF TRANSPORT SERVICES , THE PLACE OF PERFORMANCE AND , THEREFORE , THE PLACE OF SUPPLY FOR TAX PURPOSES IS DEEMED TO BE THE PLACE WHERE TRANSPORT TAKES PLACE , HAVING REGARD TO THE DISTANCES COVERED . IT WAS NECESSARY TO MAKE THAT EXCEPTION TO THE GENERAL RULE LAID DOWN IN ARTICLE 9 ( 1 ) BECAUSE A TRANSPORTER ' S PLACE OF BUSINESS IS NOT AN APPROPRIATE REFERENCE FOR ESTABLISHING TERRITORIAL JURISDICTION FOR TAX PURPOSES . THE VERY NATURE OF THE PERFORMANCE OF THE SPECIFIC SERVICE CONSTITUTED BY TRANSPORT , WHICH IS LIABLE TO BE EFFECTED ON THE TERRITORY OF MORE THAN ONE MEMBER STATE , REQUIRES A DIFFERENT CRITERION , WHICH ESSENTIALLY MUST MAKE IT POSSIBLE TO DETERMINE THE JURISDICTION OF EACH OF THE STATES INVOLVED FOR TAX PURPOSES .
18 IT SHOULD BE NOTED THAT A TRANSPORT OPERATION OF THE TYPE IN QUESTION IN THE CASE PENDING BEFORE THE NATIONAL COURT DOES NOT GIVE RISE TO ANY CONFLICT OF JURISDICTION AS FAR AS THE CHARGING OF VAT IS CONCERNED WHERE THE SHIP EFFECTING THE TRANSPORT PLIES BETWEEN TWO POINTS WITHIN A SINGLE MEMBER STATE AND WHERE THE ROUTE CHOSEN , EVEN IF PART OF IT IS OUTSIDE THE NATIONAL TERRITORY , DOES NOT PASS THROUGH ANY AREA FALLING UNDER THE NATIONAL SOVEREIGNTY OF ANOTHER STATE .
20 ALTHOUGH , AS HAS BEEN STATED ABOVE , THE TERRITORIAL SCOPE OF THE SIXTH DIRECTIVE CORRESPONDS TO THAT OF THE EEC TREATY AS DEFINED FOR EACH MEMBER STATE IN ARTICLE 227 , AND ALTHOUGH THE RULES LAID DOWN IN THE DIRECTIVE THEREFORE HAVE BINDING AND MANDATORY FORCE THROUGHOUT THE NATIONAL TERRITORY OF THE MEMBER STATES , THE DIRECTIVE , AND IN PARTICULAR ARTICLE 9 ( 2 ) ( B ) THEREOF , IN NO WAY RESTRICTS THE FREEDOM OF THE MEMBER STATES TO EXTEND THE SCOPE OF THEIR TAX LEGISLATION BEYOND THEIR NORMAL TERRITORIAL LIMITS , SO LONG AS THEY DO NOT ENCROACH ON THE JURISDICTION OF OTHER STATES .
21 IN REPLY TO THE QUESTION REFERRED TO THE COURT IT MUST THEREFORE BE STATED THAT ARTICLE 9 ( 2 ) ( B ) OF THE SIXTH COUNCIL DIRECTIVE , NO 77/388/EEC OF 17 MAY 1977 , ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES - COMMON SYSTEM OF VALUE ADDED TAX : UNIFORM BASIS OF ASSESSMENT , DOES NOT PROHIBIT A MEMBER STATE FROM APPLYING ITS VALUE ADDED TAX LEGISLATION TO A TRANSPORT OPERATION EFFECTED BETWEEN TWO POINTS WITHIN ITS NATIONAL TERRITORY , EVEN WHERE A PART OF THAT JOURNEY IS COMPLETED OUTSIDE ITS NATIONAL TERRITORY , PROVIDED THAT IT DOES NOT ENCROACH ON THE TAX JURISDICTION OF OTHER STATES .
Italian Republic v Commission of the European Communities.
Date: 1986-01-28
35 THE PRESENT CASE IS A SEQUEL TO THE COURT ' S DISPOSAL , IN THOSE TWO JUDGMENTS , OF A SUBSIDIARY ARGUMENT ADDUCED BY THE ITALIAN GOVERNMENT . THE ITALIAN REPUBLIC HAD MAINTAINED THAT , IN ANY EVENT , THE COMMISSION WAS NOT ENTITLED TO REDUCE THE EXPENDITURE IN QUESTION BY THE MAXIMUM MARGIN OF 2% LAID DOWN BY THE ITALIAN PROVISIONS , BUT ONLY BY AN AMOUNT EQUAL TO THE AVERAGE PERCENTAGE OF ACTUAL WASTE IN RESPECT OF WHICH AID HAD BEEN PAID . THE COURT , HOWEVER , FOUND THAT THE STATISTICAL TABLES SUPPLIED BY THE ITALIAN GOVERNMENT RELATED TO ONLY 25% OF THE TOTAL QUANTITY OF PROCESSED MILK POWDER AT ISSUE IN THE DISPUTE , AND THAT IN RELATION TO THAT QUANTITY THE AVERAGE LOSS AMOUNTED TO 1.745% IN 1974 AND 1.464% IN 1975 . THE COURT HELD THAT IN THE CIRCUMSTANCES IT HAD NOT BEEN ESTABLISHED THAT , OF THE TOTAL QUANTITY PROCESSED , THE PERCENTAGE OF ACTUAL WASTE DEVIATED TO ANY APPRECIABLE DEGREE FROM THE MAXIMUM RATE OF 2% WHICH WAS LAID DOWN BY THE ITALIAN PROVISIONS AND UPON WHICH THE COMMISSION BASED ITS DECISION WHEN IT CLEARED THE ACCOUNTS .
Pronuptia de Paris GmbH v Pronuptia de Paris Irmgard Schillgallis.
Date: 1986-01-28
15 IN A SYSTEM OF DISTRIBUTION FRANCHISES OF THAT KIND AN UNDERTAKING WHICH HAS ESTABLISHED ITSELF AS A DISTRIBUTOR ON A GIVEN MARKET AND THUS DEVELOPED CERTAIN BUSINESS METHODS GRANTS INDEPENDENT TRADERS , FOR A FEE , THE RIGHT TO ESTABLISH THEMSELVES IN OTHER MARKETS USING ITS BUSINESS NAME AND THE BUSINESS METHODS WHICH HAVE MADE IT SUCCESSFUL . RATHER THAN A METHOD OF DISTRIBUTION , IT IS A WAY FOR AN UNDERTAKING TO DERIVE FINANCIAL BENEFIT FROM ITS EXPERTISE WITHOUT INVESTING ITS OWN CAPITAL . MOREOVER , THE SYSTEM GIVES TRADERS WHO DO NOT HAVE THE NECESSARY EXPERIENCE ACCESS TO METHODS WHICH THEY COULD NOT HAVE LEARNED WITHOUT CONSIDERABLE EFFORT AND ALLOWS THEM TO BENEFIT FROM THE REPUTATION OF THE FRANCHISOR ' S BUSINESS NAME . FRANCHISE AGREEMENTS FOR THE DISTRIBUTION OF GOODS DIFFER IN THAT REGARD FROM DEALERSHIPS OR CONTRACTS WHICH INCORPORATE APPROVED RETAILERS INTO A SELECTIVE DISTRIBUTION SYSTEM , WHICH DO NOT INVOLVE THE USE OF A SINGLE BUSINESS NAME , THE APPLICATION OF UNIFORM BUSINESS METHODS OR THE PAYMENT OF ROYALTIES IN RETURN FOR THE BENEFITS GRANTED . SUCH A SYSTEM , WHICH ALLOWS THE FRANCHISOR TO PROFIT FROM HIS SUCCESS , DOES NOT IN ITSELF INTERFERE WITH COMPETITION . IN ORDER FOR THE SYSTEM TO WORK TWO CONDITIONS MUST BE MET .
16 FIRST , THE FRANCHISOR MUST BE ABLE TO COMMUNICATE HIS KNOW-HOW TO THE FRANCHISEES AND PROVIDE THEM WITH THE NECESSARY ASSISTANCE IN ORDER TO ENABLE THEM TO APPLY HIS METHODS , WITHOUT RUNNING THE RISK THAT THAT KNOW-HOW AND ASSISTANCE MIGHT BENEFIT COMPETITORS , EVEN INDIRECTLY . IT FOLLOWS THAT PROVISIONS WHICH ARE ESSENTIAL IN ORDER TO AVOID THAT RISK DO NOT CONSTITUTE RESTRICTIONS ON COMPETITION FOR THE PURPOSES OF ARTICLE 85 ( 1 ). THAT IS ALSO TRUE OF A CLAUSE PROHIBITING THE FRANCHISEE , DURING THE PERIOD OF VALIDITY OF THE CONTRACT AND FOR A REASONABLE PERIOD AFTER ITS EXPIRY , FROM OPENING A SHOP OF THE SAME OR A SIMILAR NATURE IN AN AREA WHERE HE MAY COMPETE WITH A MEMBER OF THE NETWORK . THE SAME MAY BE SAID OF THE FRANCHISEE ' S OBLIGATION NOT TO TRANSFER HIS SHOP TO ANOTHER PARTY WITHOUT THE PRIOR APPROVAL OF THE FRANCHISOR ; THAT PROVISION IS INTENDED TO PREVENT COMPETITORS FROM INDIRECTLY BENEFITING FROM THE KNOW-HOW AND ASSISTANCE PROVIDED .
17 SECONDLY , THE FRANCHISOR MUST BE ABLE TO TAKE THE MEASURES NECESSARY FOR MAINTAINING THE IDENTITY AND REPUTATION OF THE NETWORK BEARING HIS BUSINESS NAME OR SYMBOL . IT FOLLOWS THAT PROVISIONS WHICH ESTABLISH THE MEANS OF CONTROL NECESSARY FOR THAT PURPOSE DO NOT CONSTITUTE RESTRICTIONS ON COMPETITION FOR THE PURPOSES OF ARTICLE 85 ( 1 ).
26 FINALLY , IT MUST BE ADDED THAT FRANCHISE AGREEMENTS FOR THE DISTRIBUTION OF GOODS WHICH CONTAIN PROVISIONS SHARING MARKETS BETWEEN THE FRANCHISOR AND THE FRANCHISEES OR BETWEEN THE FRANCHISEES THEMSELVES ARE IN ANY EVENT LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES , EVEN IF THEY ARE ENTERED INTO BY UNDERTAKINGS ESTABLISHED IN THE SAME MEMBER STATE , IN SO FAR AS THEY PREVENT FRANCHISEES FROM ESTABLISHING THEMSELVES IN ANOTHER MEMBER STATE .
Hauptzollamt Hamburg - Ericus v Van Houten International GmbH.
Date: 1986-02-04
13 IN REPLY TO THE QUESTION WHICH HAS BEEN REFERRED FOR A PRELIMINARY RULING , IT MUST BE STRESSED THAT REGULATION NO 1224/80 REPLACED THE CONCEPT OF ' NORMAL PRICE '  WHICH WAS THE BASIS FOR THE CALCULATION OF CUSTOMS VALUE UNDER THE PREVIOUS RULES , BY THE CONCEPT OF ' TRANSACTION VALUE ' , WHICH , AS A GENERAL RULE , IS THE PRICE ACTUALLY PAID OR PAYABLE FOR THE GOODS . UNDER THE NEW SYSTEM , THE CUSTOMS VALUE MUST THEREFORE BE CALCULATED ON THE BASIS OF THE CONDITIONS ON WHICH THE INDIVIDUAL SALE WAS MADE , EVEN IF THEY DO NOT ACCORD WITH TRADE PRACTICE OR MAY APPEAR UNUSUAL FOR THE TYPE OF CONTRACT IN QUESTION .
Androniki Vlachou v Court of Auditors of the European Communities.
Date: 1986-02-06
6 AS FAR AS THIS POINT IS CONCERNED , IT MUST BE OBSERVED THAT , ACCORDING TO ARTICLE 29 OF THE STAFF REGULATIONS , THE COMPETITION PROCEDURE IS THE ONLY PROCEDURE , EXCEPT IN THE CASE OF POSTS IN GRADE A 1 OR A 2 OR , IN EXCEPTIONAL CIRCUMSTANCES , POSTS REQUIRING SPECIAL QUALIFICATIONS , UNDER WHICH AN APPOINTMENT MAY BE MADE TO A POST OF OFFICIAL IN THE COMMUNITY INSTITUTIONS AND THAT THE PROVISIONS GOVERNING THAT PROCEDURE ARE BINDING ON BOTH THE APPOINTING AUTHORITY AND THE SELECTION BOARD . PROMISES WHICH DO NOT TAKE ACCOUNT OF THOSE PROVISIONS CANNOT THEREFORE GIVE RISE TO LEGITIMATE EXPECTATION ON THE PART OF THE PERSON CONCERNED , EVEN IF IT IS PROVED THAT THEY WERE MADE , WHICH IS NOT THE CASE IN THIS INSTANCE .
Bulk Oil (Zug) AG v Sun International Limited and Sun Oil Trading Company.
Date: 1986-02-18
31 IT MUST THEREFORE BE CONCLUDED , AS THE COURT HELD IN ITS JUDGMENT OF 15 DECEMBER 1976 ( CASE 41/76 , DONCKERWOLKE V PROCUREUR DE LA REPUBLIQUE , ( 1976 ) ECR 1921 ), THAT SINCE FULL RESPONSIBILITY IN THE MATTER OF COMMERCIAL POLICY WAS TRANSFERRED TO THE COMMUNITY BY ARTICLE 113 ( 1 ) MEASURES OF COMMERCIAL POLICY OF A NATIONAL CHARACTER ARE ONLY PERMISSIBLE AFTER THE END OF THE TRANSITIONAL PERIOD BY VIRTUE OF SPECIFIC AUTHORIZATION BY THE COMMUNITY .
G. J. J. De Jong v Bestuur van de Sociale Verzekeringsbank.
Date: 1986-02-25
15 ARTICLE 51 REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS BY SECURING , INTER ALIA , PAYMENT OF BENEFITS FOR PERSONS RESIDENT IN THE TERRITORIES OF THE MEMBER STATES . THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF , AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM BY THE LAWS OF A SINGLE MEMBER STATE .
L. A. Spruyt v Bestuur van de Sociale Verzekeringsbank.
Date: 1986-02-25
18 IN THAT RESPECT IT SHOULD BE NOTED , FIRST , THAT THE PROVISIONS OF REGULATION NO 1408/71 AND IN PARTICULAR THOSE OF ANNEX VI THERETO , WERE ADOPTED TO IMPLEMENT ARTICLE 51 OF THE EEC TREATY AND MUST BE INTERPRETED IN THE LIGHT OF THE OBJECTIVE OF ARTICLE 51 , WHICH IS TO CONTRIBUTE TO THE ESTABLISHMENT OF THE GREATEST POSSIBLE FREEDOM OF MOVEMENT FOR MIGRANT WORKERS , WHICH IS ONE OF THE FOUNDATIONS OF THE COMMUNITY .
19 ARTICLE 51 REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS BY SECURING , INTER ALIA , PAYMENT OF BENEFITS FOR PERSONS RESIDENT IN THE TERRITORIES OF THE MEMBER STATES . THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF , AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM BY THE LAWS OF A SINGLE MEMBER STATE .
22 CONSEQUENTLY , POINT 2 ( A ) PROVIDES THAT , IN THE CASE OF A PERSON WHO , IN ACCORDANCE WITH SUBPARAGRAPH ( F ), HAS RESIDED FOR SIX YEARS AFTER HIS 59TH BIRTHDAY IN ANOTHER MEMBER STATE , PERIODS BEFORE THE ENTRY INTO FORCE OF THE NETHERLANDS LEGISLATION ARE TO BE TAKEN INTO ACCOUNT ONLY IF A SUPPLEMENTARY CONDITION IS SATISFIED , NAMELY THAT DURING THE PERIODS IN QUESTION THE PERSON CONCERNED RESIDED IN THE NETHERLANDS OR PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THAT COUNTRY . SUCH PERIODS PROVIDE A SUFFICIENT LINK WITH THE NETHERLANDS SCHEME . THE PURPOSE OF SUBPARAGRAPH ( A ) IS TO PREVENT THE OBSTACLES WHICH MIGHT ARISE FROM ARTICLE 43 OF THE OLD-AGE LAW FROM IMPEDING THE FREEDOM OF MOVEMENT OF THOSE PERSONS WHO , HAVING RESIDED OR WORKED IN THE NETHERLANDS , WISH TO MOVE TO ANOTHER MEMBER STATE .
Joan Roberts v Tate & Lyle Industries Limited.
Date: 1986-02-26
35 HOWEVER , IN VIEW OF THE FUNDAMENTAL IMPORTANCE OF THE PRINCIPLE OF EQUALITY OF TREATMENT , WHICH THE COURT HAS REAFFIRMED ON NUMEROUS OCCASIONS , ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 , WHICH EXCLUDES SOCIAL SECURITY MATTERS FROM THE SCOPE OF THAT DIRECTIVE , MUST BE INTERPRETED STRICTLY . CONSEQUENTLY , THE EXCEPTION TO THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF SEX PROVIDED FOR IN ARTICLE 7 ( 1 ) ( A ) OF DIRECTIVE NO 79/7 APPLIES ONLY TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND TO THE CONSEQUENCES THEREOF FOR OTHER SOCIAL SECURITY BENEFITS .
36 IN THAT RESPECT IT MUST BE EMPHASIZED THAT , WHEREAS THE EXCEPTION CONTAINED IN ARTICLE 7 OF DIRECTIVE NO 79/7 CONCERNS THE CONSEQUENCES WHICH PENSIONABLE AGE HAS FOR SOCIAL SECURITY BENEFITS , THIS CASE IS CONCERNED WITH DISMISSAL WITHIN THE MEANING OF ARTICLE 5 OF DIRECTIVE NO 76/207 . IN THOSE CIRCUMSTANCES THE GRANT OF A PENSION TO PERSONS OF THE SAME AGE WHO ARE MADE REDUNDANT AMOUNTS MERELY TO A COLLECTIVE MEASURE ADOPTED IRRESPECTIVE OF THE SEX OF THOSE PERSONS IN ORDER TO GUARANTEE THEM ALL THE SAME RIGHTS .
Krohn & Co. Import - Export GmbH & Co. KG v Commission of the European Communities.
Date: 1986-02-26
19 WHERE , AS IN THIS CASE , THE DECISION ADVERSELY AFFECTING THE APPLICANT WAS ADOPTED BY A NATIONAL BODY ACTING IN ORDER TO ENSURE THE IMPLEMENTATION OF COMMUNITY RULES , IT IS NECESSARY , IN ORDER TO ESTABLISH THE JURISDICTION OF THE COURT , TO DETERMINE WHETHER THE UNLAWFUL CONDUCT ALLEGED IN SUPPORT OF THE APPLICATION FOR COMPENSATION IS IN FACT THE RESPONSIBILITY OF A COMMUNITY INSTITUTION AND CANNOT BE ATTRIBUTED TO THE NATIONAL BODY .
28 THAT IS NOT THE CASE HERE . THERE IS NOTHING TO SUGGEST THAT THE ANNULMENT OF THE BUNDESANSTALT ' S DECISION AND THE ISSUE , AFTER A LAPSE OF SEVERAL YEARS , OF THE IMPORT LICENCES CLAIMED IN 1982 WOULD COMPENSATE KROHN FOR THE DAMAGE SUFFERED BY IT AT THAT TIME ; SUCH AN ANNULMENT WOULD THEREFORE NOT REMOVE THE NEED FOR THE APPLICANT , IF IT IS TO OBTAIN COMPENSATION , TO BRING AN ACTION BEFORE THE COURT UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY .
33 THE DECISION CITED BY THE COMMISSION RELATES SOLELY TO THE EXCEPTIONAL CASE WHERE AN APPLICATION FOR COMPENSATION IS BROUGHT FOR THE PAYMENT OF AN AMOUNT PRECISELY EQUAL TO THE DUTY WHICH THE APPLICANT WAS REQUIRED TO PAY UNDER AN INDIVIDUAL DECISION , SO THAT THE APPLICATION SEEKS IN FACT THE WITHDRAWAL OF THAT INDIVIDUAL DECISION . AT ALL EVENTS , SUCH CONSIDERATIONS ARE FOREIGN TO THIS CASE .