larimo/cjeu-paragraph-retrieval huggingface dataset:
Antonia Caracciolo (née Camera) v Institut national d'assurance maladie-invalidité and Union nationale des mutualités socialistes.
Date: 1982-06-10
14 AS THE COURT HAS ALREADY STATED IN ITS CASE-LAW , INTER ALIA IN ITS JUDGMENT OF 7 NOVEMBER 1973 IN CASE 51/73 BESTUUR DER SOCIALE VERZEKERINGSBANK V B . SMIEJA ( 1973 ) ECR 1213 , THE AIM OF THE PROVISION CONTAINED IN ARTICLE 10 IS TO PROMOTE THE FREE MOVEMENT OF WORKERS BY INSULATING THOSE CONCERNED FROM THE HARMFUL CONSEQUENCES WHICH MIGHT RESULT WHEN THEY TRANSFER THEIR RESIDENCE FROM ONE MEMBER STATE TO ANOTHER . IT IS CLEAR FROM THAT PRINCIPLE NOT ONLY THAT THE PERSON CONCERNED RETAINS THE RIGHT TO RECEIVE PENSIONS AND BENEFITS ACQUIRED UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES EVEN AFTER TAKING UP RESIDENCE IN ANOTHER MEMBER STATE , BUT ALSO THAT HE MAY NOT BE PREVENTED FROM ACQUIRING SUCH A RIGHT MERELY BECAUSE HE DOES NOT RESIDE IN THE TERRITORY OF THE STATE IN WHICH THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED .
Criminal proceedings against Timothy Frederick Robertson and others.
Date: 1982-06-22
8 THE ANSWER TO THAT QUESTION CAN BE GIVEN ONLY ON THE BASIS OF ARTICLE 30 OF THE TREATY , TO THE EXCLUSION OF ARTICLE 36 , SINCE MEASURES SUCH AS THOSE PROVIDED FOR BY THE RULES IN QUESTION DO NOT FALL WITHIN THE SCOPE OF THE EXCEPTIONS LISTED EXHAUSTIVELY IN ARTICLE 36 .
9 UNDER ARTICLE 30 OF THE TREATY , QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT ARE PROHIBITED IN TRADE BETWEEN MEMBER STATES . IN ACCORDANCE WITH THE ESTABLISHED CASE-LAW OF THE COURT , ANY COMMERCIAL LEGISLATION ADOPTED BY THE MEMBER STATES WHICH IS CAPABLE OF HINDERING EITHER DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE IS TO BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . HOWEVER , AS THE COURT HAS REPEATEDLY HELD , FIRST IN ITS JUDGMENT OF 20 FEBRUARY 1979 IN CASE 120/78 REWE ( 1979 ) ECR 649 , IN THE ABSENCE OF COMMON RULES RELATING TO THE MARKETING OF THE PRODUCTS CONCERNED , OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS MUST BE ACCEPTED IN SO FAR AS SUCH RULES , APPLICABLE TO DOMESTIC AND TO IMPORTED PRODUCTS WITHOUT DISTINCTION , MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING INTER ALIA TO CONSUMER PROTECTION AND FAIR TRADING .
11 IT MUST BE RECOGNIZED , HOWEVER , THAT THE OBLIGATION ON THE PART OF THE MANUFACTURER OR THE IMPORTER TO STAMP SILVER-PLATED ARTICLES , WHICH BY THEIR VERY NATURE ARE CAPABLE OF BEING CONFUSED WITH ARTICLES MADE OF SOLID SILVER , WITH SPECIAL HALLMARKS WHICH ARE INDELIBLE , INSEPARABLE FROM THE ARTICLE AND INDICATE THE QUANTITY OF PURE SILVER COATING AS WELL AS THE NAME OF THE MANUFACTURER OF THE ARTICLE , IS IN PRINCIPLE CAPABLE OF AFFORDING EFFECTIVE PROTECTION TO CONSUMERS AND OF PROMOTING FAIR TRADING . THE HALLMARK AS TO WEIGHT ACHIEVES THAT TWOFOLD OBJECTIVE BY ENABLING THE CONSUMER TO ACQUIRE A SUFFICIENTLY ACCURATE KNOWLEDGE OF THE NATURE AND THE QUALITY OF THE PRODUCT AND TO DISTINGUISH IT FROM OTHER PRODUCTS WITH WHICH IT MIGHT BE CONFUSED . MOREOVER , THE MANUFACTURER ' S MARK ENABLES THE BUYER OF THE ARTICLE TO IDENTIFY THE MANUFACTURER .
12 HOWEVER , THERE IS NO LONGER THE NEED FOR SUCH PROTECTION WHERE ARTICLES OF THAT KIND ARE IMPORTED FROM ANOTHER MEMBER STATE IN WHICH THEY HAVE BEEN LAWFULLY MARKETED , IF THEY ARE ALREADY HALLMARKED IN ACCORDANCE WITH THE LEGISLATION OF THAT STATE , ON CONDITION HOWEVER THAT THE INDICATIONS PROVIDED BY THE HALLMARKS PRESCRIBED BY THAT STATE , IN WHATEVER FORM , CONTAIN INFORMATION WHICH INCLUDES INDICATIONS EQUIVALENT TO THOSE PROVIDED BY THE HALLMARKS PRESCRIBED BY THE MEMBER STATE OF IMPORTATION AND INTELLIGIBLE TO CONSUMERS OF THAT STATE .
Teresita Pace, née Porta, v Commission of the European Communities.
Date: 1982-07-01
10 IN THOSE CIRCUMSTANCES , IT IS NOT APPROPRIATE TO EXAMINE THE QUESTIONS OF PROCEDURE RAISED BY THE PARTIES IN THEIR WRITTEN SUBMISSIONS . IN FACT , IT IS SUFFICIENT TO NOTE THAT THE JURISDICTION OF THE COURT IS BASED ON THE ARBITRATION CLAUSE CONTAINED IN EACH OF THE CONTRACTS SIGNED AS FROM THE ACADEMIC YEAR 1976/77 . THE FACT THAT THE SAME CLAUSE DOES NOT APPEAR IN THE PREVIOUS CONTRACTS AND THAT , AS REGARDS THE FIRST YEARS , THERE WERE NOT EVEN ANY WRITTEN CONTRACTS IS NO OBSTACLE TO THE COURT ' S HAVING REGARD , IN ITS ASSESSMENT OF THE RELATIONS BETWEEN THE PARTIES , TO ALL THE CONTRACTS ENTERED INTO , A FACT WHICH IS , MOREOVER ACKNOWLEDGED BY THE PARTIES THEMSELVES .

SUBSTANCE OF THE CASE
Hauptzollamt Hamburg-Jonas v Ludwig Wünsche & Co.
Date: 1982-07-01
12 IN THAT REGARD IT SHOULD BE EMPHASIZED THAT ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT , THE DECISIVE CRITERION FOR THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES MUST IN GENERAL BE SOUGHT IN THEIR OBJECTIVE CHARACTERISTICS AND PROPERTIES AS DEFINED BY THE WORDING OF THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND THE NOTES RELATING TO THE RELEVANT SECTIONS OR CHAPTERS THEREOF .
BAZ Bausystem AG v Finanzamt München für Körperschaften.
Date: 1982-07-01
8 HAVING REGARD TO THE ABOVE-MENTIONED PROVISIONS , IT SHOULD BE NOTED THAT THE INTEREST IN QUESTION IN THE MAIN ACTION HAS NO CONNECTION WITH THE SERVICES PROVIDED OR THE RECEIPT OF THE SERVICES AND DOES NOT CONSTITUTE THE CONSIDERATION ( ' ' ENTGELT ' ' ) RELATING TO A COMMERCIAL TRANSACTION . ON THE CONTRARY , IT REPRESENTS SIMPLY THE REIMBURSEMENT OF EXPENSES , THAT IS TO SAY COMPENSATION FOR THE DELAY IN PAYMENT .
9 THE GERMAN TAX AUTHORITIES TAKE THE VIEW THAT , AS AN EXPENSE WHICH THE RECIPIENT OF SERVICES PAYS IN ADDITION TO THE ACTUAL CONSIDERATION , SUCH INTEREST IS COVERED BY THE ' ' INCIDENTAL EXPENSES ' '  REFERRED TO IN PARAGRAPH 13 OF ANNEX A AND SHOULD THEREFORE BE REGARDED AS ADDITIONAL CONSIDERATION PAID FOR THE SERVICE PROVIDED BY THE UNDERTAKING . THAT VIEW CANNOT BE ACCEPTED .
10 INDEED , THE UNDERTAKING WAS COMPELLED TO AGREE TO A DELAY IN PAYMENT , NOT PROVIDED FOR IN THE CONTRACT , ON THE PART OF THE RECIPIENT OF ITS SERVICES . THE INTEREST WHICH CONSTITUTES THE CONSIDERATION FOR THAT DELAY WAS FIXED BY A COURT IN APPLICATION OF THE PROVISIONS OF BOTH THE BURGERLICHES GESETZBUCH ( GERMAN CIVIL CODE ) AND THE HANDELSGESETZBUCH ( GERMAN COMMERCIAL CODE ). IN THOSE CIRCUMSTANCES , THE GRANT OF CREDIT IS ONLY REMOTELY CONNECTED TO THE MAIN SERVICES PROVIDED . THE INTEREST PAYABLE IN RESPECT OF SUCH CREDIT CANNOT THEREFORE BE DESCRIBED AS SUPPLEMENTARY PAYMENT .
11 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT THE ANSWER TO THE QUESTION SUBMITTED BY THE NATIONAL COURT SHOULD BE THAT THE BASIS OF ASSESSMENT REFERRED TO IN ARTICLE 8 ( A ) OF THE SECOND COUNCIL DIRECTIVE OF 11 APRIL 1967     ON THE HARMONIZATION OF LEGISLATION OF MEMBER STATES CONCERNING TURNOVER TAXES DOES NOT INCLUDE INTEREST AWARDED TO AN UNDERTAKING BY A JUDICIAL DECISION WHERE SUCH INTEREST HAS BEEN AWARDED TO IT BY REASON OF THE FACT THAT THE BALANCE OF THE CONSIDERATION FOR THE SERVICES PROVIDED HAS NOT BEEN PAID IN DUE TIME .
French Republic, Italian Republic and United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities.
Date: 1982-07-06
12 IN THAT REGARD , IT SHOULD BE NOTED THAT THE TWO PROVISIONS HAVE DIFFERENT OBJECTIVES . ARTICLE 94 IS ONE OF A SET OF PROVISIONS WHICH REGULATE THE SPHERE OF AIDS GRANTED BY STATES , REGARDLESS OF THE FORM AND RECIPIENTS OF SUCH AIDS . ON THE OTHER HAND , ARTICLE 90 CONCERNS ONLY UNDERTAKINGS FOR WHOSE ACTIONS STATES MUST TAKE SPECIAL RESPONSIBILITY BY REASON OF THE INFLUENCE WHICH THEY MAY EXERT OVER SUCH ACTIONS . IT EMPHASIZES THAT SUCH UNDERTAKINGS ARE SUBJECT TO ALL THE RULES LAID DOWN IN THE TREATY , SUBJECT TO THE PROVISIONS CONTAINED IN PARAGRAPH 2 ; IT REQUIRES THE MEMBER STATES TO RESPECT THOSE RULES IN THEIR RELATIONS WITH THOSE UNDERTAKINGS AND IN THAT REGARD IMPOSES ON THE COMMISSION A DUTY OF SURVEILLANCE WHICH MAY , WHERE NECESSARY , BE PERFORMED BY THE ADOPTION OF DIRECTIVES AND DECISIONS ADDRESSED TO MEMBER STATES .
14 IN COMPARISON WITH THE COUNCIL ' S POWER UNDER ARTICLE 94 , THAT WHICH IS CONFERRED UPON THE COMMISSION TY ARTICLE 90 ( 3 ) THUS OPERATES IN A SPECIFIC FIELD OF APPLICATION AND UNDER CONDITIONS DEFINED BY REFERENCE TO THE PARTICULAR OBJECTIVE OF THAT ARTICLE . IT FOLLOWS THAT THE COMMISSION ' S POWER TO ISSUE THE CONTESTED DIRECTIVE DEPENDS ON THE NEEDS INHERENT IN ITS DUTY OF SURVEILLANCE PROVIDED FOR IN ARTICLE 90 AND THAT THE POSSIBILITY THAT RULES MIGHT BE LAID DOWN BY THE COUNCIL , BY VIRTUE OF ITS GENERAL POWER UNDER ARTICLE 94 , CONTAINING PROVISIONS IMPINGING UPON THE SPECIFIC SPHERE OF AIDS GRANTED TO PUBLIC UNDERTAKINGS DOES NOT PRECLUDE THE EXERCISE OF THAT POWER BY THE COMMISSION .
31 AS ARTICLE 90 ( 3 ) DOES IN FACT CONCERN THE POWERS OF THE INSTITUTIONS AND AS THE CONTESTED DIRECTIVE IMPOSES OBLIGATIONS ON MEMBER STATES IN THE SPHERE OF AIDS , ON WHICH THE ECSC TREATY ITSELF CONTAINS RULES AFFECTING MEMBER STATES AND UNDERTAKINGS OPERATING ON THE MARKET IN COAL AND STEEL , IT FOLLOWS DIRECTLY FROM ARTICLE 232 OF THE EEC TREATY THAT THE CONTESTED DIRECTIVE CANNOT APPLY TO RELATIONS WITH SUCH UNDERTAKINGS . FOR THAT REASON , THE DIRECTIVE IS NOT VITIATED BY ANY ILLEGALITY ON THAT POINT , ALTHOUGH IT WOULD UNDOUBTEDLY HAVE BEEN PREFERABLE IN THE INTEREST OF LEGAL CLARITY IF THE EXCLUSION OF THOSE UNDERTAKINGS HAD BEEN APPARENT FROM THE ACTUAL TERMS OF THE DIRECTIVE .
Klöckner-Werke AG v Commission of the European Communities.
Date: 1982-07-07
4 THE COMMISSION SUBMITS IN THIS REGARD THAT THE TREATY CONFERS UPON IT THE POWER TO ADOPT THE APPROPRIATE MEASURES IN THE EVENT OF A MANIFEST CRISIS . IT ARGUES THAT THE REQUIREMENT OF ASSENT LAID DOWN IN ARTICLE 58 IS THEREFORE SATISFIED ONCE THE COUNCIL HAS APPROVED IN PRINCIPLE THE INTRODUCTION OF A QUOTA SYSTEM WITH FULL KNOWLEDGE OF THE MATERIAL TERMS OF THE SYSTEM PLANNED . IT IS NOT NECESSARY , HOWEVER , FOR THE COUNCIL TO GIVE ITS OPINION ON THE DETAILS OF THE SYSTEM . THE CONSULTATION WHICH TOOK PLACE IN THE PRESENT CASE SATISFIES THOSE REQUIREMENTS AND THE OBTAINING OF THE COUNCIL ' S ASSENT IS DULY CONFIRMED IN THE PREAMBLE TO DECISION NO 2494/80 .
Pendy Plastic Products BV v Pluspunkt Handelsgesellschaft mbH.
Date: 1982-07-15
13 ALTHOUGH THEY DO NOT SEEK TO HARMONIZE THE DIFFERENT SYSTEMS OF SERVICE ABROAD OF LEGAL DOCUMENTS WHICH ARE IN FORCE IN THE MEMBER STATES , THE PROVISIONS OF THE BRUSSELS CONVENTION ARE DESIGNED TO ENSURE THAT THE DEFENDANT ' S RIGHTS ARE EFFECTIVELY PROTECTED . FOR THAT REASON , JURISDICTION TO DETERMINE WHETHER THE DOCUMENT INTRODUCING THE PROCEEDINGS WAS PROPERLY SERVED WAS CONFERRED BOTH ON THE COURT OF THE ORIGINAL STATE AND ON THE COURT OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT . THUS , IN ACCORDANCE WITH THE OBJECTIVE OF ARTICLE 27 OF THE CONVENTION , THE COURT OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT MUST EXAMINE THE QUESTION POSED BY PARAGRAPH ( 2 ) OF THAT ARTICLE , NOTWITHSTANDING THE DECISION GIVEN BY THE COURT OF THE ORIGINAL STATE ON THE BASIS OF THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 20 . THAT EXAMINATION IS SUBJECT ONLY TO THE LIMITATION SET BY THE THIRD PARAGRAPH OF ARTICLE 34 OF THE CONVENTION TO THE EFFECT THAT THE FOREIGN JUDGMENT MAY UNDER NO CIRCUMSTANCES BE REVIEWED AS TO ITS SUBSTANCE .
Edeka Zentrale AG v Federal Republic of Germany.
Date: 1982-07-15
11 AS THE COURT HELD IN ITS JUDGMENTS OF 19 OCTOBER 1977 IN JOINED CASES 117/76 AND 16/77 RUCKDESCHEL V HAUPTZOLLAMT HAMBURG-ST . ANNEN ( 1977 ) ECR 1753 AND IN JOINED CASES 124/76 AND 20/77 MOULINS ET HUILERIES DE PONT-A-MOUSSON ( 1977 ) ECR 1795 , THE PROHIBITION OF DISCRIMINATION CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THAT PRINCIPLE MEANS THAT LIKE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENT TREATMENT IS OBJECTIVELY JUSTIFIED .
13 THE COURT MUST THEREFORE CONSIDER WHETHER THAT POLICY IS ARBITRARY IN NATURE , IN PARTICULAR WHETHER THE QUANTITIES OF IMPORTS PROPOSED BY THE COMMISSION TO THE NON-MEMBER COUNTRIES CONCERNED AS THE BASIS FOR AN AGREEMENT OF VOLUNTARY RESTRAINT WERE IN ACCORDANCE WITH THE NEEDS OF THE COMMUNITY MARKET .
24 IN THAT CONNECTION THE APPELLANT IN THE MAIN PROCEEDINGS REFERS TO ARTICLE 110 OF THE TREATY WHICH IS ALSO RELIED ON AS PRECLUDING A TOTAL PROHIBITION OF IMPORTS FROM TAIWAN AND SOUTH KOREA . HOWEVER , IN THIS RESPECT IT IS NECESSARY MERELY TO CALL TO MIND THE JUDGMENT OF THE COURT OF 5 MAY 1981 IN THE PREVIOUSLY-MENTIONED DURBECK CASE , IN WHICH IT WAS HELD THAT ARTICLE 110 OF THE TREATY COULD NOT BE INTERPRETED AS PROHIBITING THE COMMUNITY FROM ENACTING , UPON PAIN OF COMMITTING AN INFRINGEMENT OF THE TREATY , ANY MEASURE LIABLE TO AFFECT TRADE WITH NON-MEMBER COUNTRIES IN PARTICULAR WHERE , AS IN THE PRESENT CASE , THE ADOPTION OF SUCH A MEASURE IS MADE NECESSARY BY THE RISK OF A SERIOUS DISTURBANCE WHICH MIGHT ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY AND WHERE THE MEASURE IS LEGALLY JUSTIFIED BY PROVISIONS OF COMMUNITY LAW .
27 THAT ARGUMENT MUST ALSO BE REJECTED . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE INSTITUTIONS WITHIN THE LIMITS OF THEIR DISCRETIONARY POWER WILL BE MAINTAINED . IN THE PRESENT CASE , THERE CAN BE NO QUESTION OF A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION , PARTICULARLY SINCE THE COMMERCIAL AGREEMENT ENTERED INTO ON 3 APRIL 1978 BETWEEN THE COMMUNITY AND THE PEOPLE ' S REPUBLIC OF CHINA , PUBLISHED IN THE OFFICIAL JOURNAL OF 11 MAY 1978 ( OFFICIAL JOURNAL 1978 , L 123 , P . 2 ), WAS OF SUCH A NATURE AS TO ALERT TRADERS TO AN IMMINENT CHANGE OF DIRECTION IN THE COMMUNITY ' S COMMERCIAL POLICY .
Felicitas Rickmers-Linie KG & Co. v Finanzamt für Verkehrsteuern, Hambourg.
Date: 1982-07-15
3 ARTICLE 1 OF DIRECTIVE 69/335 PROVIDES THAT CAPITAL DUTY IS TO BE CHARGED ON CONTRIBUTIONS OF CAPITAL TO CAPITAL COMPANIES , WHICH ARE DEFINED IN ARTICLE 3 ( 1 ) OF THE DIRECTIVE . ACCORDING TO ARTICLE 3 ( 2 ), ANY OTHER COMPANY , FIRM ,     ASSOCIATION OR LEGAL PERSON OPERATING FOR PROFIT IS TO BE DEEMED TO BE A CAPITAL COMPANY . HOWEVER , A MEMBER STATE IS TO HAVE THE RIGHT NOT TO CONSIDER IT AS SUCH FOR THE PURPOSE OF CHARGING CAPITAL DUTY . AS IS CLEAR FROM THE ORDER MAKING THE REFERENCE , IN RELATION TO A KOMMANDITGESELLSCHAFT THE KAPITALVERKEHRSTEUERGESETZ MAKES USE OF THE OPTION GRANTED BY ARTICLE 3 ( 2 ) OF THE DIRECTIVE TO EXCLUDE CERTAIN CATEGORIES OF COMPANY , FIRM , ASSOCIATION OR LEGAL PERSON FROM CAPITAL DUTY . HOWEVER , IN PARAGRAPH 5 ( 2 ) ( 3 ), IT PROVIDES THAT KOMMANDITGESELLSCHAFTEN WHICH HAVE AMONG THEIR GENERAL PARTNERS EITHER A CAPITAL COMPANY STRICTO SENSU OR ANOTHER KOMMANDITGESELLSCHAFT WHICH HAS AMONG ITS GENERAL PARTNERS A CAPITAL COMPANY ARE TO BE SUBJECT TO CAPITAL DUTY .
14 IT SHOULD FIRST BE STATED THAT THE CONCEPT IN QUESTION IS CONTAINED IN A PROVISION OF COMMUNITY LAW WHICH DOES NOT REFER TO THE LAW OF THE MEMBER STATES IN ORDER TO DETERMINE ITS MEANING AND SCOPE . THE HARMONIZATION OF TAXES SUCH AS CAPITAL DUTY ON THE RAISING OF CAPITAL , NOT ONLY IN RELATION TO THE RATES BUT ALSO TO THE STRUCTURE THEREOF , IMPLIES THAT THE BASIS OF ASSESSMENT IS DETERMINED IN EACH MEMBER STATE ON THE BASIS OF OBJECTIVE CRITERIA , HAVING A UNIFORM SCOPE WITHIN THE COMMUNITY AND FREE FROM THE INFLUENCE OF NATIONAL LAWS . IT FOLLOWS THAT THE INTERPRETATION OF THE CONCEPT AT ISSUE , CONSIDERED IN ITS ENTIRETY , MAY NOT BE LEFT TO THE DISCRETION OF EACH MEMBER STATE . IT IS THEREFORE NECESSARY TO PROVIDE THE NATIONAL COURT WITH CRITERIA WHICH WILL ENABLE IT TO DETERMINE WHETHER THE ORGANIZATION IN QUESTION FULFILS THE CRITERIA LAID DOWN BY THE COMMUNITY RULES .
15 ACCORDING TO ITS ORDINARY MEANING ' ' NOMINAL AMOUNT ' '  REFERS TO AN AMOUNT , IN PRINCIPLE UNCHANGEABLE AND EXPRESSED IN CASH , WHICH MAY BE DIFFERENT FROM THE TRUE ECONOMIC VALUE . IN THE CONTEXT OF GENUINE CAPITAL COMPANIES , THE EXPRESSION IS USED TO DENOTE THE QUANTIFIED VALUE OF THE MEMBER ' S COMPULSORY CONTRIBUTION TO THE CAPITAL COMPANY , WHICH CANNOT BE WAIVED EITHER BY THE COMPANY OR BY THE OTHER MEMBERS , AND WHICH CHARACTERIZES IN DURABLE FASHION THE RELATIONSHIP BETWEEN THE MEMBER AND THE COMPANY .
Julius Kind KG v European Economic Community.
Date: 1982-09-15
14 THAT SUBMISSION MUST BE REJECTED . AS FAR AS THE SYSTEM OF LEGAL REMEDIES IS CONCERNED THE REQUIREMENT OF A STATEMENT OF THE REASONS UPON WHICH MEASURES ADOPTED BY THE INSTITUTIONS ARE BASED IS DESIGNED TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW OF THE LEGALITY OF SUCH MEASURES IN THE CONTEXT OF ARTICLE 173 FOR THE BENEFIT OF INDIVIDUALS TO WHOM THAT REMEDY IS MADE AVAILABLE BY THE TREATY . NEVERTHELESS , ANY INADEQUACY IN THE STATEMENT OF THE REASONS UPON WHICH A MEASURE CONTAINED IN A REGULATION IS BASED IS NOT SUFFICIENT TO MAKE THE COMMUNITY LIABLE .
22 SECONDLY , AS REGARDS THE SUBMISSION ALLEGING DISCRIMINATION IT SHOULD BE RECALLED THAT DIFFERENT TREATMENT MAY NOT , AS POINTED OUT IN THE JUDGMENT OF THE COURT OF 13 JUNE 1978 ( CASE 139/77 DENKAVIT ( 1978 ) ECR 1317 ), BE REGARDED AS DISCRIMINATION PROHIBITED BY ARTICLE 40 ( 3 ) OF THE TREATY UNLESS IT APPEARS TO BE ARBITRARY , OR IN OTHER WORDS , AS STATED IN OTHER JUDGMENTS , DEVOID OF ADEQUATE JUSTIFICATION AND NOT BASED ON OBJECTIVE CRITERIA .
23 THE ANALYSIS SET OUT ABOVE OF THE COMMON ORGANIZATION OF THE MARKETS IN MUTTON AND LAMB SHOWS THAT THE INTERVENTION METHODS PROVIDED FOR IN REGULATION NO 1837/80 , THE INTRODUCTION PURSUANT TO ARTICLE 9 OF THAT REGULATION OF A SLAUGHTER PREMIUM AND OF THE CLAW-BACK , AND THE RULES FOR DETERMINING THE AMOUNT OF THAT PREMIUM , ARE BASED ON OBJECTIVE CRITERIA . THE INTERVENTION PRICE , IN THE CASE OF PURCHASES MADE BY A BODY AUTHORIZED FOR THE PURPOSE AND THE GUIDE LEVEL , IN THE CASE OF PAYMENT OF A SLAUGHTER PREMIUM , ARE IDENTICAL . AS ALREADY STATED , EACH MEMBER STATE CHOOSES FROM THE INTERVENTION METHODS PROVIDED FOR BY THE REGULATION THE ONE WHICH APPEARS TO IT TO BE THE MOST APPROPRIATE .
25 FURTHERMORE , AS FAR AS THE DISCRIMINATION OF WHICH THE APPLICANT CLAIMS TO HAVE BEEN THE OBJECT IS CONCERNED IT MUST BE REMEMBERED THAT ITS BUSINESS BENEFITED , UNTIL THE ENTRY INTO EFFECT OF THE COMMON ORGANIZATION , FROM THE DIFFERENCES WHICH EXISTED BETWEEN THE SITUATIONS ON THE VARIOUS MARKETS IN THE COMMUNITY AND THAT THIS ENABLED IT , BECAUSE THE DEFICIENCY PAYMENTS SYSTEM DID NOT INCLUDE ANY COMPENSATORY PAYMENT ON EXPORT , TO IMPORT LAMB FROM THE UNITED KINGDOM AT A RELATIVELY LOW PRICE , AT LEAST WHEN ECONOMIC CIRCUMSTANCES WERE FAVOURABLE . HOWEVER , ALTHOUGH ARTICLE 39 OF THE TREATY DESIGNATES IN PARTICULAR THE STABILIZATION OF MARKETS AS AN OBJECTIVE OF THE COMMON AGRICULTURAL POLICY , THE CONCEPT OF STABILIZATION DOES NOT EXTEND TO THE MAINTENANCE OF POSITIONS ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS ,     AS THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 13 NOVEMBER 1973 ( JOINED CASES 63 TO 69/72 WILHELM WERHAHN HANSAMUHLE AND OTHERS ( 1974 ) ECR 1229 ).
Denkavit Futtermittel GmbH v Federal Republic of Germany.
Date: 1982-09-15
7 ARTICLE 10 OF REGULATION NO 1725/79 REVEALS ON EXAMINATION THAT NO PROVISION IS MADE AS TO THE COSTS OF THE INSPECTIONS WHICH ARE TO BE CARRIED OUT . HOWEVER , INASMUCH AS ARTICLE 10 STATES THAT THE CONTROL MEASURES ARE TO FULFIL ' ' AT LEAST ' '  THE CONDITIONS LAID DOWN THEREIN , AND PROVIDES THAT THEY ARE TO BE DETERMINED BY THE MEMBER STATES , IT INDICATES THAT THE COMMUNITY RULES CONCERNING SUCH INSPECTIONS ARE NOT EXHAUSTIVE .
8 THE WORDING OF THE REGULATION DOES NOT , THEREFORE , PREVENT MEMBER STATES EITHER FROM CARRYING OUT SUCH INSPECTIONS FREE OF CHARGE OR FROM REQUIRING THE UNDERTAKINGS IN QUESTION TO REIMBURSE THE EXPENDITURE WHICH SUCH INSPECTIONS ENTAIL .
9 IT MUST THEREFORE BE CONCLUDED , AS THE COURT HAS HELD WITH REGARD TO THE COMMON ORGANIZATION OF THE MARKET IN EGGS ( JUDGMENT OF 13 NOVEMBER 1978 IN BUSSONE , CASE 31/78 ( 1978 ) ECR 2429 ), THAT THE COMMUNITY RULES LEAVE MEMBER STATES FREE TO RESOLVE THE PROBLEM OF FINANCING THE CONTROLS .
13 FOR ALL THOSE REASONS THE INTERPRETATION TO BE GIVEN IN REPLY TO THE QUESTION WHICH HAS BEEN RAISED MUST BE THAT ARTICLE 10 OF REGULATION NO 1725/79 DOES NOT PROHIBIT MEMBER STATES FROM CHARGING , UNDER NATIONAL LEGISLATION , THE COST OF CARRYING OUT INSPECTIONS PURSUANT TO THAT ARTICLE TO THE UNDERTAKING CONCERNED PROVIDED THAT THE CHARGES WHICH THE UNDERTAKING IS ASKED TO PAY REPRESENT THE NORMAL COST OF INSPECTIONS OF THAT NATURE AND ARE NOT SO GREAT AS TO BE LIABLE TO DETER UNDERTAKINGS FROM CARRYING OUT THE ACTIVITIES WHICH THE AID IS INTENDED TO ENCOURAGE .
Rijksdienst voor Werknemeerspensioenen v Alice Vlaeminck.
Date: 1982-09-16
13 IN VIEW OF THAT FACTUAL SITUATION THE PRELIMINARY QUESTION APPEARS TO LACK ANY PURPOSE . IT IS NOT POSSIBLE TO GLEAN FROM IT THE FACTORS NECESSARY FOR AN INTERPRETATION OF COMMUNITY LAW WHICH THE NATIONAL COURT MIGHT USEFULLY APPLY IN ORDER TO RESOLVE , IN ACCORDANCE WITH THAT LAW , THE DISPUTE BEFORE IT .
14 IT FOLLOWS THAT IN THE LIGHT OF THE FACTUAL AND LEGAL CIRCUMSTANCES OF THE MAIN PROCEEDINGS NO QUESTION OF COMMUNITY LAW IS RAISED IN THE PRESENT CASE , SO THAT THE COURT IS UNABLE TO GIVE A RULING , IN THE CONTEXT OF PROCEEDINGS UNDER ARTICLE 177 , ON THE QUESTION REFERRED TO IT BY THE ARBEIDSHOF , GHENT .
Board of the Sociale Verzekeringsbank V Heirs or assigns of G.T. Kuijpers.
Date: 1982-09-23
10 ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , THE AIM OF THE PROVISIONS CONTAINED IN TITLE II OF REGULATION NO 3 AND REGULATION NO 1408/71 , WHICH DETERMINE THE LEGISLATION APPLICABLE TO WORKERS MOVING WITHIN THE COMMUNITY , IS TO ENSURE THAT THE PERSONS CONCERNED SHALL BE SUBJECT TO THE SOCIAL SECURITY SCHEME OF ONLY ONE MEMBER STATE , IN ORDER TO PREVENT MORE THAN ONE NATIONAL LEGISLATION FROM BEING APPLICABLE AND THE COMPLICATIONS WHICH MAY RESULT FROM THAT SITUATION .
14 IT FOLLOWS FROM THE PROVISIONS CITED ABOVE THAT THE APPLICATION OF NATIONAL LEGISLATION IS DETERMINED BY REFERENCE TO CRITERIA DRAWN FROM THE RULES OF COMMUNITY LAW . ALTHOUGH THE COURT STATED IN ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 , COONAN V INSURANCE OFFICER , ( 1980 ) ECR 1445 , THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME , IT MUST BE EMPHASIZED THAT THIS DOES NOT MEAN THAT THE MEMBER STATES ARE ENTITLED TO DETERMINE THE EXTENT TO WHICH THEIR OWN LEGISLATION OR THAT OF ANOTHER MEMBER SATE IS APPLICABLE .
SA Oleifici Mediterranei v European Economic Community.
Date: 1982-09-29
16 THE COURT HAS CONSISTENTLY INTERPRETED ARTICLE 215 OF THE EEC TREATY AS MEANING THAT THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMISSION AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE UNLAWFULNESS OF THE CONDUCT OF WHICH THE INSTITUTIONS ARE ACCUSED , THE REALITY OF THE DAMAGE AND THE EXISTENCE OF A CAUSAL CONNECTION BETWEEN THAT CONDUCT AND THE DAMAGE IN QUESTION .
17 HENCE THE COMMUNITY CANNOT BE REGARDED AS HAVING INCURRED LIABILITY EXCEPT IN THE PRESENCE OF ALL THE CONDITIONS TO WHICH THE DUTY TO MAKE GOOD ANY DAMAGE , AS DEFINED IN THE SECOND PARAGRAPH OF ARTICLE 215 , IS SUBJECT .
23 THE FACT THAT THE ACTUAL DATE OF ENTRY INTO FORCE OF THE CONSUMPTION-AID SYSTEM WAS POSTPONED , FOR THE SECOND TIME , BY ONE MONTH ON 20 FEBRUARY 1979 WAS NOT SUCH AS TO ALTER THE RISK WHICH THE APPLICANT HAD FREELY CHOSEN TO RUN .