larimo/cjeu-paragraph-retrieval huggingface dataset:
Vera Mia Beets-Proper v F. Van Lanschot Bankiers NV.
Date: 1986-02-26
36 IN ITS JUDGMENT IN THE BURTON CASE THE COURT HAS ALREADY STATED THAT THE WORD ' DISMISSAL '  CONTAINED IN THAT PROVISION MUST BE GIVEN A WIDE MEANING . CONSEQUENTLY , AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN THE TERM ' DISMISSAL '  CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION .
38 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 CONTAINED 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 .
Senelco GmbH v Oberfinanzdirektion München.
Date: 1986-02-27
12 IN THE CASE OF A PART OF A FUNCTIONAL UNIT COMPRISING TWO OR MORE MACHINES WHICH IS PRESENTED TO THE CUSTOMS AUTHORITIES SEPARATELY IT IS NECESSARY , IN ORDER TO DETERMINE THE TARIFF HEADING WITHIN WHICH IT FALLS , TO REFER TO NOTE 2 TO SECTION XVI OF THE COMMON CUSTOMS TARIFF , WHICH COVERS ' PARTS OF MACHINES ' . IN ORDER TO CLARIFY THE SCOPE OF THAT NOTE IT IS NECESSARY TO REFER , IN ADDITION , TO THE EXPLANATORY NOTES TO THE NOMENCLATURE OF THE CUSTOMS COOPERATION COUNCIL ( GENERAL NOTES TO SECTION XVI , NOTE II , HEADED ' PARTS ' , AT P . 1156 ).
Commission of the European Communities v Kingdom of Denmark.
Date: 1986-03-04
12 IN ORDER TO DETERMINE WHETHER PRODUCTS ARE SIMILAR WITHIN THE TERMS OF THE PROHIBITION LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 95 IT IS NECESSARY TO CONSIDER , AS THE COURT STATED IN ITS JUDGMENT OF 17 FEBRUARY 1976 IN CASE 45/75 ( REWE V HAUPTZOLLAMT LANDAU ( 1976 ) ECR 181 ), WHETHER THEY HAVE SIMILAR CHARACTERISTICS AND MEET THE SAME NEEDS FROM THE POINT OF VIEW OF CONSUMERS . THE COURT ENDORSED A BROAD INTERPRETATION OF THE CONCEPT OF SIMILARITY IN ITS JUDGMENTS OF 27 FEBRUARY 1980 IN CASE 168/78 ( COMMISSION V FRANCE ( 1980 ) ECR 347 ) AND 15 JULY 1982 IN CASE 216/81 ( COGIS V AMMINISTRAZIONE DELLE FINANZE DELLO STATO ( 1982 ) ECR 2701 ) AND ASSESSED THE SIMILARITY OF THE PRODUCTS NOT ACCORDING TO WHETHER THEY WERE STRICTLY IDENTICAL , BUT ACCORDING TO WHETHER THEIR USE WAS SIMILAR AND COMPARABLE . CONSEQUENTLY , IN ORDER TO DETERMINE WHETHER PRODUCTS ARE SIMILAR IT IS NECESSARY FIRST TO CONSIDER CERTAIN OBJECTIVE CHARACTERISTICS OF BOTH CATEGORIES OF BEVERAGES , SUCH AS THEIR ORIGIN , THE METHOD OF MANUFACTURE AND THEIR ORGANOLEPTIC PROPERTIES , IN PARTICULAR TASTE AND ALCOHOL CONTENT , AND SECONDLY TO CONSIDER WHETHER OR NOT BOTH CATEGORIES OF BEVERAGES ARE CAPABLE OF MEETING THE SAME NEED FROM THE POINT OF VIEW OF CONSUMERS .
14 WITH REGARD TO WINE OF THE TABLE-WINE TYPE , IT SHOULD BE NOTED IN THE FIRST PLACE THAT WINE MADE FROM GRAPES AND WINE MADE FROM OTHER FRUIT ARE MANUFACTURED FROM THE SAME KIND OF BASIC PRODUCT , NAMELY AGRICULTURAL PRODUCE , AND BY THE SAME PROCESS , NAMELY NATURAL FERMENTATION . THEIR ORGANOLEPTIC PROPERTIES , IN PARTICULAR THEIR TASTE AND THEIR ALCOHOL CONTENT , ARE SIMILAR . THE FACT THAT THE FINAL ALCOHOL CONTENT IN FRUIT WINE IS ACHIEVED BY THE ADDITION OF ETHYL ALCOHOL MUST BE REGARDED AS IRRELEVANT , SINCE THE ALCOHOL CONTENT OF WINE MADE FROM GRAPES MAY ALSO BE INCREASED , PARTICULARLY IN ORDER TO IMPROVE WINE WITH A LOW NATURAL ALCOHOL CONTENT .
15 MOREOVER , IN VIEW OF THEIR SIMILAR CHARACTERISTICS THE TWO CATEGORIES OF BEVERAGES CAN MEET THE SAME NEEDS FROM THE POINT OF VIEW OF CONSUMERS INASMUCH AS THEY CAN BE CONSUMED IN THE SAME WAY , NAMELY TO QUENCH THIRST , AS REFRESHMENTS AND AT MEAL TIMES . THE FACT THAT THE TWO CATEGORIES OF BEVERAGES MEET THE SAME NEEDS CANNOT BE CALLED IN QUESTION BY THE FACT THAT FRUIT WINE HAS ALWAYS BEEN LESS POPULAR WITH CONSUMERS THAN WINE MADE FROM GRAPES . THE QUESTION WHETHER THEY MEET THE SAME NEEDS MUST BE ASSESSED ON THE BASIS NOT OF EXISTING CONSUMER HABITS BUT OF THE PROSPECTIVE DEVELOPMENT OF THOSE HABITS AND , ESSENTIALLY , ON THE BASIS OF OBJECTIVE CHARACTERISTICS WHICH ENSURE THAT A PRODUCT IS CAPABLE OF MEETING THE SAME NEEDS AS ANOTHER PRODUCT FROM THE POINT OF VIEW OF CERTAIN CATEGORIES OF CONSUMERS .
21 HOWEVER , SUCH DIFFERENTIAL TAXATION IS INCOMPATIBLE WITH COMMUNITY LAW IF THE PRODUCTS MOST HEAVILY TAXED ARE , AS IN THIS CASE , BY THEIR VERY NATURE , IMPORTED PRODUCTS .
Tezi Textiel BV v Commission of the European Communities.
Date: 1986-03-05
26 THE COURT MUST OBSERVE IN THE FIRST PLACE THAT , AS IT POINTED OUT IN ITS JUDGMENT IN DONCKERWOLCKE ( CITED ABOVE ), ACCORDING TO ARTICLE 9 ( 2 ) OF THE TREATY , THE PROVISIONS FOR THE LIBERALIZATION OF INTRA-COMMUNITY TRADE APPLY IN IDENTICAL FASHION TO PRODUCTS ORIGINATING IN MEMBER STATES AND TO PRODUCTS FROM NON-MEMBER COUNTRIES WHICH ARE IN FREE CIRCULATION IN THE COMMUNITY IN ACCORDANCE WITH THE REQUIREMENTS LAID DOWN BY ARTICLE 10 . THE COURT ALSO MADE IT CLEAR THAT , AS REGARDS FREE CIRCULATION OF GOODS WITHIN THE COMMUNITY , PRODUCTS IN FREE CIRCULATION ARE DEFINITIVELY AND WHOLLY ASSIMILATED TO PRODUCTS ORIGINATING IN MEMBER STATES .
Vincenzo Sorani and others v Commission of the European Communities.
Date: 1986-03-11
14 THE SUBMISSION SET OUT AT ( B ) MUST BE CONSIDERED FIRST , BY VIRTUE OF ITS IMPORTANCE AS A MATTER OF PRINCIPLE .
Antonino Sinatra v Fonds national de retraite des ouvriers mineurs (FNROM).
Date: 1986-03-13
11 ON THIS POINT IT SHOULD BE RECALLED THAT , IN ACCORDANCE WITH THE ALLOCATION OF FUNCTIONS BETWEEN THE COURT OF JUSTICE AND THE NATIONAL COURTS WHICH UNDERLIES ARTICLE 177 OF THE EEC TREATY , IT IS FOR THE NATIONAL COURT , AND NOT THE COURT OF JUSTICE , TO INTERPRET NATIONAL LEGAL PROVISIONS AND TO RULE ON THEIR APPLICATION TO THE PARTICULAR CASE . SINCE , AS MAY BE SEEN FROM ITS JUDGMENT , THE COUR DU TRAVAIL RAISED THE QUESTION WITH REFERENCE TO A RULE AGAINST OVERLAPPING WHICH COVERED FOREIGN BENEFITS , THE COURT SHOULD REPLY ON THAT BASIS .
19 IT SHOULD BE RECALLED THAT , UNDER ARTICLE 40 ( 1 ) OF REGULATION NO 1408/71 , ARTICLE 46 IS APPLICABLE BY ANALOGY TO INVALIDITY BENEFITS WHERE A WORKER HAS BEEN SUCCESSIVELY OR ALTERNATELY SUBJECT TO THE LEGISLATION OF TWO OR MORE MEMBER STATES , AND THE LEGISLATION OF AT LEAST ONE OF THOSE MEMBER STATES MAKES THE AMOUNT OF THE BENEFITS DEPENDENT ON THE LENGTH OF THE INSURANCE PERIODS . ARTICLE 46 ( 1 ) PROVIDES FOR A COMPARISON BETWEEN , ON THE ONE HAND , THE AMOUNT REFERRED TO IN THE FIRST SUBPARAGRAPH THEREOF , NAMELY THE AMOUNT OF THE BENEFIT ACCRUING BY VIRTUE OF THE PROVISIONS OF THE NATIONAL LEGISLATION CONCERNED AND CORRESPONDING TO THE TOTAL LENGTH OF THE INSURANCE PERIODS OR RESIDENCE PERIODS TO BE TAKEN INTO ACCOUNT UNDER THAT LEGISLATION AND , ON THE OTHER HAND , THE AMOUNT OF BENEFIT OBTAINED BY APPLYING THE RULES LAID DOWN IN ARTICLE 46 ( 2 ) ( A ) AND ( B ). ONLY THE HIGHER AMOUNT IS SELECTED , IN ACCORDANCE WITH THE SECOND PARAGRAPH OF ARTICLE 46 ( 1 ).
Ministère public against Xavier Mirepoix.
Date: 1986-03-13
13 HOWEVER , AS THE COURT POINTED OUT IN ITS JUDGMENT OF 19 SEPTEMBER 1984 IN THE HEIJN CASE , PESTICIDES CONSTITUTE A MAJOR RISK TO HUMAN AND ANIMAL HEALTH AND TO THE ENVIRONMENT ; THIS HAS BEEN RECOGNIZED AT COMMUNITY LEVEL , IN PARTICULAR IN THE FIFTH RECITAL IN THE PREAMBLE TO THE AFOREMENTIONED COUNCIL DIRECTIVE 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 ' . IN THE ABSENCE OF HARMONIZATION IN THIS FIELD IT IS THEREFORE FOR THE MEMBER STATES , PURSUANT TO ARTICLE 36 , TO DETERMINE THE LEVEL OF PROTECTION WHICH SHOULD BE GIVEN TO HUMAN HEALTH AND LIFE , WHILST TAKING ACCOUNT OF THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS AS LAID DOWN BY THE TREATY AND , IN PARTICULAR , BY THE LAST SENTENCE OF ARTICLE 36 .
Jozef Maria Antonius Spijkers v Gebroeders Benedik Abattoir CV and Alfred Benedik en Zonen BV.
Date: 1986-03-18
11 THAT VIEW MUST BE ACCEPTED . IT IS CLEAR FROM THE SCHEME OF DIRECTIVE NO 77/187 AND FROM THE TERMS OF ARTICLE 1 ( 1 ) THEREOF THAT THE DIRECTIVE IS INTENDED TO ENSURE THE CONTINUITY OF EMPLOYMENT RELATIONSHIPS EXISTING WITHIN A BUSINESS , IRRESPECTIVE OF ANY CHANGE OF OWNERSHIP . IT FOLLOWS THAT THE DECISIVE CRITERION FOR ESTABLISHING WHETHER THERE IS A TRANSFER FOR THE PURPOSES OF THE DIRECTIVE IS WHETHER THE BUSINESS IN QUESTION RETAINS ITS IDENTITY .
12 CONSEQUENTLY , A TRANSFER OF AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS DOES NOT OCCUR MERELY BECAUSE ITS ASSETS ARE DISPOSED OF . INSTEAD IT IS NECESSARY TO CONSIDER , IN A CASE SUCH AS THE PRESENT , WHETHER THE BUSINESS WAS DISPOSED OF AS A GOING CONCERN , AS WOULD BE INDICATED , INTER ALIA , BY THE FACT THAT ITS OPERATION WAS ACTUALLY CONTINUED OR RESUMED BY THE NEW EMPLOYER , WITH THE SAME OR SIMILAR ACTIVITIES .
13 IN ORDER TO DETERMINE WHETHER THOSE CONDITIONS ARE MET , IT IS NECESSARY TO CONSIDER ALL THE FACTS CHARACTERIZING THE TRANSACTION IN QUESTION , INCLUDING THE TYPE OF UNDERTAKING OR BUSINESS , WHETHER OR NOT THE BUSINESS ' S TANGIBLE ASSETS , SUCH AS BUILDINGS AND MOVABLE PROPERTY , ARE TRANSFERRED , THE VALUE OF ITS INTANGIBLE ASSETS AT THE TIME OF THE TRANSFER , WHETHER OR NOT THE MAJORITY OF ITS EMPLOYEES ARE TAKEN OVER BY THE NEW EMPLOYER , WHETHER OR NOT ITS CUSTOMERS ARE TRANSFERRED AND THE DEGREE OF SIMILARITY BETWEEN THE ACTIVITIES CARRIED ON BEFORE AND AFTER THE TRANSFER AND THE PERIOD , IF ANY , FOR WHICH THOSE ACTIVITIES WERE SUSPENDED . IT SHOULD BE NOTED , HOWEVER , THAT ALL THOSE CIRCUMSTANCES ARE MERELY SINGLE FACTORS IN THE OVERALL ASSESSMENT WHICH MUST BE MADE AND CANNOT THEREFORE BE CONSIDERED IN ISOLATION .
14 IT IS FOR THE NATIONAL COURT TO MAKE THE NECESSARY FACTUAL APPRAISAL , IN THE LIGHT OF THE CRITERIA FOR INTERPRETATION SET OUT ABOVE , IN ORDER TO ESTABLISH WHETHER OR NOT THERE IS A TRANSFER IN THE SENSE INDICATED ABOVE .
15 CONSEQUENTLY , IN REPLY TO THE QUESTIONS SUBMITTED IT MUST BE HELD THAT ARTICLE 1 ( 1 ) OF DIRECTIVE NO 77/187 OF 14 FEBRUARY 1977 MUST BE INTERPRETED AS MEANING THAT THE EXPRESSION ' TRANSFER OF AN UNDERTAKING , BUSINESS OR PART OF A BUSINESS TO ANOTHER EMPLOYER '  ENVISAGES THE CASE IN WHICH THE BUSINESS IN QUESTION RETAINS ITS IDENTITY . IN ORDER TO ESTABLISH WHETHER OR NOT SUCH A TRANSFER HAS TAKEN PLACE IN A CASE SUCH AS THAT BEFORE THE NATIONAL COURT , IT IS NECESSARY TO CONSIDER WHETHER , HAVING REGARD TO ALL THE FACTS CHARACTERIZING THE TRANSACTION , THE BUSINESS WAS DISPOSED OF AS A GOING CONCERN , AS WOULD BE INDICATED INTER ALIA BY THE FACT THAT ITS OPERATION WAS ACTUALLY CONTINUED OR RESUMED BY THE NEW EMPLOYER , WITH THE SAME OR SIMILAR ACTIVITIES .
Ethicon GmbH v Hauptzollamt Itzehoe.
Date: 1986-03-18
12 AS IS CLEAR FROM THE PREAMBLES TO THE RELEVANT COUNCIL REGULATIONS , THE AIM OF SUSPENDING THE AUTONOMOUS COMMON CUSTOMS TARIFF DUTIES PURSUANT TO ARTICLE 28 OF THE EEC TREATY IS TEMPORARILY TO MEET THE NEEDS OF THE USER INDUSTRIES OF THE COMMUNITY . IN ADOPTING SUCH PROVISIONS THE COUNCIL MUST TAKE ACCOUNT NOT ONLY OF THOSE NEEDS BUT ALSO OF THE REQUIREMENTS OF LEGAL CERTAINTY AND OF THE DIFFICULTIES CONFRONTING NATIONAL CUSTOMS ADMINISTRATIONS OWING TO THE WIDE RANGE AND COMPLEXITY OF THE TASKS WHICH THEY MUST CARRY OUT .
13 IT FOLLOWS THAT THE DESCRIPTIONS OF GOODS ON WHICH CUSTOMS DUTIES HAVE BEEN SUSPENDED MUST BE INTERPRETED ACCORDING TO OBJECTIVE CRITERIA DERIVED FROM THEIR WORDING AND THAT THEY MAY NOT BE APPLIED CONTRARY TO THEIR WORDING TO OTHER GOODS EVEN IF THEIR PROPERTIES AND APPLICATION ARE NO DIFFERENT FROM THOSE COVERED BY THE SUSPENSION . IN PARTICULAR , A LATER AMENDMENT OF THE DESCRIPTION OF A PRODUCT ON WHICH DUTIES HAVE BEEN SUSPENDED CANNOT RETROACTIVELY AFFECT THE INTERPRETATION OF THE DESCRIPTION PREVIOUSLY APPLIED FOR THAT PURPOSE .
Commission of the European Communities v Kingdom of Belgium.
Date: 1986-03-18
11 IN THAT REGARD , IT MUST BE BORNE IN MIND THAT THE PURPOSE OF THE PRE-LITIGATION PROCEDURE PROVIDED FOR BY ARTICLE 169 OF THE TREATY , WHICH FORMS PART OF THE GENERAL SUPERVISORY TASKS ENTRUSTED TO THE COMMISSION BY THE FIRST INDENT OF ARTICLE 155 , IS TO GIVE THE MEMBER STATE CONCERNED AN OPPORTUNITY EITHER TO JUSTIFY ITS POSITION OR , IF IT SO WISHES , TO COMPLY OF ITS OWN ACCORD WITH THE REQUIREMENTS OF THE TREATY . IF THAT ATTEMPT TO REACH A SETTLEMENT PROVES UNSUCCESSFUL , THE MEMBER STATE CONCERNED IS REQUESTED TO COMPLY WITH ITS OBLIGATIONS AS SET OUT IN THE REASONED OPINION WITHIN THE PERIOD PRESCRIBED THEREIN .
22 ACCORDING TO ARTICLE 5 OF THE EEC TREATY , MEMBER STATES ARE TO TAKE ALL APPROPRIATE MEASURES TO ENSURE FULFILMENT OF THE OBLIGATIONS ARISING OUT OF THE TREATY , TO FACILITATE THE ACHIEVEMENT OF THE COMMUNITY ' S TASKS AND TO ABSTAIN FROM ANY MEASURE WHICH COULD JEOPARDIZE THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY . IT FOLLOWS FROM THAT OBLIGATION THAT THE MEMBER STATES MUST REFRAIN FROM ADOPTING ANY MEASURE WHICH IS INCOMPATIBLE WITH THE PROVISIONS OF COMMUNITY LAW AND , CONSEQUENTLY , ANY MEASURE WHICH , CONTRARY TO ARTICLE 12 ( B ) OF THE PROTOCOL , WOULD HAVE THE EFFECT OF COMPELLING OFFICIALS AND OTHER SERVANTS OF THE COMMUNITY , WHETHER DIRECTLY OR INDIRECTLY , TO APPLY FOR REGISTRATION IN THE POPULATION REGISTERS . AN INDIRECT CONSTRAINT OF THAT KIND IS OPERATIVE IN PARTICULAR WHERE A MEMBER STATE ATTACHES UNFAVOURABLE CONSEQUENCES TO NON-REGISTRATION BY OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES .
24 THAT FINDING IS NOT ALTERED BY THE FACT THAT THE OFFICIALS AND OTHER SERVANTS AFFECTED BY THE MUNICIPAL BY-LAWS MAY AVAIL THEMSELVES , IN ORDER TO CHALLENGE THEIR TAX DEMANDS , OF THE JUDICIAL MEANS OF REDRESS AVAILABLE TO TAXPAYERS UNDER BELGIAN LAW . AS THE COURT HELD IN ITS JUDGMENT OF 17 FEBRUARY 1970 IN CASE 31/69 ( COMMISSION V ITALY ( 1970 ) ECR 25 ), THE EXISTENCE OF REMEDIES AVAILABLE THROUGH THE NATIONAL COURTS CANNOT IN ANY WAY PREJUDICE THE MAKING OF THE APPLICATION REFERRED TO IN ARTICLE 169 SINCE THE TWO PROCEDURES HAVE DIFFERENT OBJECTIVES AND EFFECTS .
Procureur de la République v Gérard Tissier.
Date: 1986-03-20
9 AS FAR AS THAT POINT IS CONCERNED , IT IS FOR THE COURT , WHEN FACED WITH QUESTIONS WHICH ARE NOT FRAMED IN AN APPROPRIATE MANNER OR WHICH GO BEYOND ITS FUNCTIONS UNDER ARTICLE 177 , TO EXTRACT FROM ALL THE INFORMATION PROVIDED BY THE NATIONAL COURT , IN PARTICULAR FROM THE GROUNDS OF THE DECISION REFERRING THE QUESTIONS , THE POINTS OF COMMUNITY LAW WHICH REQUIRE INTERPRETATION OR WHOSE VALIDITY IS AT ISSUE , HAVING REGARD TO THE SUBJECT-MATTER OF THE DISPUTE . IN ORDER TO PROVIDE A SATISFACTORY ANSWER TO A NATIONAL COURT WHICH HAS REFERRED A QUESTION TO IT , THE COURT OF JUSTICE MAY DEEM IT NECESSARY TO CONSIDER PROVISIONS OF COMMUNITY LAW TO WHICH THE NATIONAL COURT HAS NOT REFERRED IN THE TEXT OF ITS QUESTION . HOWEVER , IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER OR NOT THE RULE OF COMMUNITY LAW , AS INTERPRETED BY THE COURT OF JUSTICE PURSUANT TO ARTICLE 177 , IS APPLICABLE IN THE CASE BROUGHT BEFORE IT .
22 IN ANSWERING THE QUESTIONS RAISED BY THE NATIONAL COURT IT SHOULD FIRST BE EMPHASIZED THAT , AS COMMUNITY LAW STANDS AT PRESENT , THE HARMONIZATION OF NATIONAL LEGISLATION ON MEDICINAL PRODUCTS FOR HUMAN USE COVERS ONLY PROPRIETARY MEDICINAL PRODUCTS , THAT IS TO SAY MEDICINAL PRODUCTS PLACED ON THE MARKET UNDER A SPECIAL NAME AND IN A SPECIAL PACK . OTHER MEDICINAL PRODUCTS AS WELL AS PHARMACEUTICAL SUBSTANCES OR COMBINATIONS OF PHARMACEUTICAL SUBSTANCES NOT MEETING THE COMMUNITY DEFINITION OF MEDICINAL PRODUCT ARE NOT THEREFORE SUBJECT TO CONTROLS AND DO NOT REQUIRE PRIOR MARKETING AUTHORIZATION UNDER THE RELEVANT COMMUNITY RULES . SECONDLY , SUBJECT TO ARTICLE 30 ET SEQ . OF THE TREATY CONCERNING PRODUCTS IMPORTED FROM OTHER MEMBER STATES , COMMUNITY LAW DOES NOT AFFECT THE RIGHT OF MEMBER STATES TO SUBJECT SUCH SUBSTANCES TO CONTROLS OR TO REQUIRE PRIOR AUTHORIZATION IN ACCORDANCE WITH THEIR OWN NATIONAL LAW ON MEDICINAL PRODUCTS .
26 IN VIEW OF THOSE AIMS , THE DEFINITION OF MEDICINAL PRODUCT GIVEN IN ARTICLE 1 OF DIRECTIVE 65/65 MAY NOT BE INTERPRETED RESTRICTIVELY BUT MUST BE CONSTRUED AS INCLUDING SUBSTANCES WHICH ARE NOT ADMINISTERED AS THEY ARE TO HUMAN BEINGS OR ANIMALS BUT WHICH ARE MANUFACTURED SEPARATELY AND ARE INTENDED TO BE USED MIXED WITH OTHER SUBSTANCES , EITHER AS A SIMPLE COMBINATION OF SUBSTANCES OR AFTER CHEMICAL TRANSFORMATION , OR AS A CARRIER SUBSTANCE .
Commission of the European Communities v Kingdom of the Netherlands.
Date: 1986-03-20
20 AT THE HEARING THE NETHERLANDS GOVERNMENT POINTED OUT THAT , BY REASON OF THEIR STATUS AS A REGULATION AND BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , THE STAFF REGULATIONS ARE DIRECTLY APPLICABLE IN ALL THE MEMBER STATES . THAT FACT DOES NOT , HOWEVER , RELEASE THE KINGDOM OF THE NETHERLANDS FROM ITS DUTY TO FULFIL THE OBLIGATION PLACED UPON IT BY THE PROVISION IN QUESTION , SINCE THE RIGHT OF INDIVIDUALS TO RELY UPON THE STAFF REGULATIONS BEFORE THEIR NATIONAL COURTS REPRESENTS ONLY A MINIMUM GUARANTEE AND IS NOT SUFFICIENT IN ITSELF TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF THAT PROVISION , WHICH IS INTENDED TO FACILITATE CO-ORDINATION OF NATIONAL SCHEMES WITH THE COMMUNITY PENSION SCHEME .
Commission of the European Communities v Kingdom of Belgium.
Date: 1986-04-15
13 CONSEQUENTLY , THAT PROVISION APPLIES TO ANY SITUATION IN WHICH EMPLOYEES AFFECTED BY A TRANSFER ENJOY SOME , ALBEIT LIMITED , PROTECTION AGAINST DISMISSAL UNDER NATIONAL LAW , WITH THE RESULT THAT , UNDER THE DIRECTIVE , THAT PROTECTION MAY NOT BE TAKEN AWAY FROM THEM OR CURTAILED SOLELY BECAUSE OF THE TRANSFER .
17 THAT ARGUMENT IS IRRELEVANT . THE COURT HAS CONSISTENTLY HELD THAT THE TRUE MEANING OF RULES OF COMMUNITY LAW CAN BE DERIVED ONLY FROM THOSE RULES THEMSELVES , HAVING REGARD TO THEIR CONTEXT . THAT MEANING CANNOT THEREFORE BE AFFECTED BY SUCH A STATEMENT .
State of the Netherlands v Ann Florence Reed.
Date: 1986-04-17
16 THE ANSWER TO THE THIRD QUESTION MUST THEREFORE BE THAT ARTICLE 10 ( 1 ) OF REGULATION NO 1612/68 CANNOT BE INTERPRETED AS MEANING THAT THE COMPANION , IN A STABLE RELATIONSHIP , OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE AND IS EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE MUST IN CERTAIN CIRCUMSTANCES BE TREATED AS HIS ' SPOUSE '  FOR THE PURPOSES OF THAT PROVISION .

THE FIRST AND SECOND QUESTIONS
25 THE COURT HAS EMPHASIZED , IN PARTICULAR IN ITS JUDGMENT OF 30 SEPTEMBER 1975 IN CASE 32/75 ( CRISTINI V SNCF ( 1975 ) ECR 1085 ), THAT THE PHRASE ' SOCIAL ADVANTAGES '  IN ARTICLE 7 ( 2 ) MUST NOT BE INTERPRETED RESTRICTIVELY .
26 AS THE COURT HAS REPEATEDLY HELD , THE PURPOSE OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 IS TO ACHIEVE EQUAL TREATMENT , AND THEREFORE THE CONCEPT OF SOCIAL ADVANTAGE , EXTENDED BY THAT PROVISION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES , MUST INCLUDE 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 COUNTRIES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY '  ( JUDGMENTS OF 31 MAY 1979 IN CASE 207/78 MINISTERE PUBLIC V EVEN ( 1979 ) ECR 2019 , AND 20 JUNE 1985 IN CASE 94/84 OFFICE NATIONAL DE L ' EMPLOI V DEAK ( 1985 ) ECR 1873 ).
28 IN THE SAME WAY IT MUST BE RECOGNIZED THAT THE POSSIBILITY FOR A MIGRANT WORKER OF OBTAINING PERMISSION FOR HIS UNMARRIED COMPANION TO RESIDE WITH HIM , WHERE THAT COMPANION IS NOT A NATIONAL OF THE HOST MEMBER STATE , CAN ASSIST HIS INTEGRATION IN THE HOST STATE AND THUS CONTRIBUTE TO THE ACHIEVEMENT OF FREEDOM OF MOVEMENT FOR WORKERS . CONSEQUENTLY , THAT POSSIBILITY MUST ALSO BE REGARDED AS FALLING WITHIN THE CONCEPT OF A SOCIAL ADVANTAGE FOR THE PURPOSES OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 .
Giorgio Bernardi v European Parliament.
Date: 1986-04-23
28 THE APPLICANT ' S CLAIM THAT THERE WAS A PROCEDURAL IRREGULARITY IN SO FAR AS THE DRAFT DECISION CLOSING THE ADMINISTRATIVE INQUIRY WAS NOT NOTIFIED TO HIM BY AN OFFICIAL AUTHORIZED SO TO ACT MUST BE UPHELD . HOWEVER , IT SHOULD BE OBSERVED THAT THE FINAL DECISION OF 4 OCTOBER 1983 WAS ISSUED BY THE HEAD OF THE SOCIAL AFFAIRS DIVISION , WHO , AT THAT DATE , WAS VALIDLY AUTHORIZED TO ADOPT THAT DECISION ON BEHALF OF THE APPOINTING AUTHORITY . FURTHERMORE , THE DRAFT DECISION DID NOT AFFECT THE FINAL OUTCOME OF THE PROCEDURE , SINCE THE APPLICANT HAD ASKED FOR THE MATTER TO BE REFERRED TO THE MEDICAL COMMITTEE . IN PRINCIPLE A PROCEDURAL IRREGULARITY WILL ENTAIL THE ANNULMENT OF A DECISION IN WHOLE OR IN PART ONLY IF IT IS SHOWN THAT IN THE ABSENCE OF SUCH IRREGULARITY THE CONTESTED DECISION MIGHT HAVE BEEN SUBSTANTIVELY DIFFERENT ( JUDGMENT OF 29 OCTOBER 1980 IN JOINED CASES 209 TO 215 AND 218/78 VAN LANDEWYCK SARL AND OTHERS V COMMISSION ( 1980 ) ECR 3125 ). SINCE THAT WAS NOT SO IN THIS CASE , THE OBJECTION THAT THE DRAFT WAS NOT NOTIFIED TO THE APPLICANT BY THE COMPETENT AUTHORITY CANNOT BE UPHELD .
Antonio Ferraioli v Deutsche Bundespost.
Date: 1986-04-23
14 THE COURT HAS ALREADY CONSIDERED THE PROBLEM RAISED BY THE FIRST QUESTION IN ITS JUDGMENT OF 13 NOVEMBER 1984 ( CASE 191/83 SALZANO V BUNDESANSTALT FUR ARBEIT ( 1984 ) ECR 3741 ) WHICH CONCERNED THE CASE OF A SPOUSE OF A MIGRANT WORKER WHO HAD NOT MADE A CLAIM FOR FAMILY ALLOWANCES AS REQUIRED BY THE LEGISLATION OF THE COUNTRY OF RESIDENCE . IN THAT JUDGMENT THE COURT HELD THAT THERE WAS NO SUSPENSION OF THE 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 RESIDED WITH THE CHILDREN IN ANOTHER MEMBER STATE AND PURSUED THERE A PROFESSIONAL OR TRADE ACTIVITY BUT DID NOT RECEIVE FAMILY ALLOWANCES FOR THE CHILDREN ON THE GROUND THAT NOT ALL THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE FOR THE ACTUAL RECEIPT OF SUCH ALLOWANCES HAD BEEN SATISFIED . AS IS MADE CLEAR IN THE GROUNDS OF THE JUDGMENT , THE RELEVANT CONDITIONS ARE THOSE BOTH OF SUBSTANCE AND OF FORM IMPOSED BY THE LEGISLATION OF THE MEMBER STATE OF RESIDENCE OF THE CHILDREN AND INCLUDED PRECISELY IN THAT PARTICULAR CASE THE CONDITION THAT A PRIOR APPLICATION HAD BEEN MADE .
15 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT THERE IS NO SUSPENSION UNDER ARTICLE 76 OF REGULATION NO 1408/71 OF ENTITLEMENT TO FAMILY ALLOWANCES PAYABLE IN PURSUANCE OF ARTICLE 73 OF THAT REGULATION IN THE MEMBER STATE 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 ON THE GROUND THAT NOT ALL THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THAT MEMBER STATE FOR THE RECEIPT OF SUCH ALLOWANCES ARE SATISFIED .

QUESTION 2