larimo/cjeu-paragraph-retrieval huggingface dataset:
Asociación provincial de Armadores de buques de pesca de Gran Sol de Pontevedra (Arposol) v Council of the European Communities.
Date: 1988-01-14
11 IN THE INSTANT CASE IT MUST BE STRESSED THAT BEFORE A STATE MAY IMPOSE THE PENALTY OF DECLINING TO ENTER A NAME ON A LIST, ALL THE CONDITIONS PROVIDED FOR IN ARTICLE 2 OF REGULATION NO 3781/85 MUST BE COMPLIED WITH; IN PARTICULAR, ANOTHER MEMBER STATE MUST HAVE NOTIFIED THE FLAG STATE OF AN INFRINGEMENT RECORDED JUDICIALLY OR ADMINISTRATIVELY . FURTHERMORE, THAT PENALTY BECOMES FINAL ONLY AFTER APPROVAL BY THE COMMISSION OF THE PERIODICAL LISTS ON WHICH THE NAME OF THE PENALIZED VESSEL DOES NOT APPEAR .
12 THE VESSEL-OWNERS WHO ARE MEMBERS OF ARPOSOL CAN THEREFORE BE AFFECTED ONLY IF THE STATE IN WHICH THEY ARE REGISTERED REFUSES, UNDER ARTICLE 2 OF THE CONTESTED REGULATION, TO ENTER THEIR NAMES ON THE DRAFTS OF PERIODICAL LISTS WHICH IT SUBMITS TO THE COMMISSION AND IF THOSE DRAFT LISTS ARE APPROVED BY THE COMMISSION .
13 CONSEQUENTLY, IT MUST BE HELD THAT REGULATION NO 3781/85 IS NOT OF DIRECT CONCERN TO THE APPLICANT SINCE ITS MEMBERS WILL IN FACT BE AFFECTED ONLY BY A NATIONAL DECISION WHICH WILL ONLY BE TAKEN IF SEVERAL CONDITIONS ARE COMPLIED WITH, AND PROVIDED THAT DECISION IS CONFIRMED BY THE COMMISSION .
Commission of the European Communities v Italian Republic.
Date: 1988-01-14
12 IN RESPONSE TO THOSE ARGUMENTS IT SHOULD BE POINTED OUT THAT ARTICLES 52 AND 59 OF THE TREATY ARE ESSENTIALLY INTENDED TO GIVE EFFECT, IN THE FIELD OF ACTIVITIES AS SELF-EMPLOYED PERSONS, TO THE PRINCIPLE OF EQUAL TREATMENT ENSHRINED IN ARTICLE 7 ACCORDING TO WHICH "WITHIN THE SCOPE OF APPLICATION OF THIS TREATY, AND WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS CONTAINED THEREIN, ANY DISCRIMINATION ON GROUNDS OF NATIONALITY SHALL BE PROHIBITED ".
Pesca Valentia Limited v Ministry for Fisheries and Forestry, Ireland and the Attorney General.
Date: 1988-01-19
13 IN THIS CONNECTION IT SHOULD BE NOTED THAT THAT REGULATION DID INTRODUCE RULES INTENDED TO COORDINATE THE STRUCTURAL POLICIES OF THE MEMBER STATES AND TO REQUIRE THE MEMBER STATES TO RESPECT THE PRINCIPLE THAT THERE SHOULD BE NO DISCRIMINATION AGAINST NATIONALS OF OTHER MEMBER STATES AND THE PRINCIPLE THAT THERE SHOULD BE EQUAL CONDITIONS OF ACCESS TO AND USE OF STOCKS . IT IS ALSO TRUE THAT, IN ORDER TO ATTAIN ITS OBJECTIVES, THE REGULATION REQUIRES THE MEMBER STATES TO SEND INFORMATION TO THE COMMISSION ( ARTICLES 5 AND 10 ), PROVIDES FOR THE POSSIBILITY OF ADOPTING COMMUNITY MEASURES ON FISHING ( ARTICLE 4 ) AND A PROCEDURE ( ARTICLE 6 ) ENABLING COMMUNITY MEASURES ON THE COORDINATION OF STRUCTURAL FISHING POLICIES TO BE ADOPTED ( ARTICLE 7 ). HOWEVER, IT IS CLEAR FROM THE PROVISIONS OF THE REGULATION THAT, PENDING THE ENTRY INTO FORCE OF SUCH COMMUNITY MEASURES, THE MEMBER STATES MAY APPLY THEIR OWN RULES IN RESPECT OF FISHING IN THE MARITIME WATERS COMING UNDER THEIR SOVEREIGNTY OR WITHIN THEIR JURISDICTION ( ARTICLE 2 ) AND DEFINE THEIR STRUCTURAL POLICY FOR THE FISHING INDUSTRY ( ARTICLE 1 ). FURTHERMORE IT SHOULD BE NOTED THAT THE PROVISIONS OF THE REGULATION REFER TO FISHING VESSELS "FLYING THE FLAG" OF A MEMBER STATE OR "REGISTERED" THERE, LEAVING THESE TERMS TO BE DEFINED IN THE LEGISLATION OF THE MEMBER STATES .
Claude Gullung v Conseil de l'ordre des avocats du barreau de Colmar et de Saverne.
Date: 1988-01-19
12 FREEDOM OF MOVEMENT FOR PERSONS, FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES, WHICH ARE FUNDAMENTAL IN THE COMMUNITY SYSTEM, WOULD NOT BE FULLY REALIZED IF A MEMBER STATE WERE ENTITLED TO REFUSE TO GRANT THE BENEFIT OF THE PROVISIONS OF COMMUNITY LAW TO THOSE OF ITS NATIONALS WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE OF WHICH THEY ARE ALSO A NATIONAL AND WHO TAKE ADVANTAGE OF THE FACILITIES OFFERED BY COMMUNITY LAW IN ORDER TO PURSUE THEIR ACTIVITIES IN THE TERRITORY OF THE FIRST STATE BY WAY OF THE PROVISION OF SERVICES .
15 THE PURPOSE OF DIRECTIVE 77/249 IS TO FACILITATE THE EFFECTIVE EXERCISE BY LAWYERS OF THE FREEDOM TO PROVIDE SERVICES . TO THAT END THE DIRECTIVE REQUIRES THE MEMBER STATES TO RECOGNIZE AS A LAWYER FOR THE PURPOSE OF PURSUING THE ACTIVITIES OF LAWYERS ANY PERSON ESTABLISHED IN ANOTHER MEMBER STATE AS A LAWYER UNDER ONE OF THE DESIGNATIONS SET OUT IN ARTICLE 2 ( 1 ), WHICH INCLUDE "RECHTSANWALT" IN THE FEDERAL REPUBLIC OF GERMANY .
Erich Biedermann v Court of Auditors of the European Communities.
Date: 1988-01-19
8 BEFORE THOSE COMPLAINTS ARE EXAMINED, IT MUST BE POINTED OUT THAT THE COURT HAS CONSISTENTLY HELD ( SEE, MOST RECENTLY, THE JUDGMENT OF 29 NOVEMBER 1984 IN CASE 265/83 SUSS V COMMISSION (( 1984 )) ECR 4029 ) THAT THE REMEDIES PROVIDED FOR BY THE STAFF REGULATIONS MAY IN PRINCIPLE BE EMPLOYED ONLY IN ORDER TO OBTAIN A REVIEW BY THE COURT CONFINED TO QUESTIONS CONCERNING THE CONSTITUTION AND PROPER FUNCTIONING OF THE MEDICAL COMMITTEES . THE COURT' S REVIEW MAY NOT EXTEND TO MEDICAL APPRAISALS PROPERLY SO-CALLED, WHICH MUST BE REGARDED AS DEFINITIVE PROVIDED THAT THE CONDITIONS IN WHICH THEY ARE MADE ARE NOT IRREGULAR .
Commission of the European Communities v Kingdom of the Netherlands.
Date: 1988-02-02
22 WITH REGARD TO THE NETHERLANDS GOVERNMENT' S ARGUMENT CONCERNING THE LEGAL AND TECHNICAL DIFFICULTIES ASSOCIATED WITH THE IMPLEMENTATION OF THE COMMISSION' S DECISION, IT SHOULD BE RECALLED THAT IN ITS JUDGMENT OF 15 JANUARY 1986 ( CASE 52/84 COMMISSION V BELGIUM (( 1986 )) ECR 89 ), THE COURT HELD THAT IN AN ACTION OF THIS KIND A MEMBER STATE MAY "PLEAD THAT IT WAS ABSOLUTELY IMPOSSIBLE FOR IT TO IMPLEMENT THE DECISION (( OF THE COMMISSION )) PROPERLY ". IT MUST THEREFORE BE DETERMINED WHETHER, ON THE BASIS OF THE ARGUMENT PUT FORWARD BY THE NETHERLANDS GOVERNMENT, IT MAY BE CONCLUDED THAT IT WAS ABSOLUTELY IMPOSSIBLE TO IMPLEMENT DECISION 85/215 WITHIN THE TIME-LIMIT SET BY THE COMMISSION .
Commission of the European Communities v Kingdom of Belgium.
Date: 1988-02-02
12 IN THE ALTERNATIVE, THE COMMISSION POINTS OUT THAT THE KINGDOM OF BELGIUM IN FACT HAD MORE THAN A MONTH TO REPLY TO THE LETTER OF FORMAL NOTICE BEFORE THE REASONED OPINION WAS SENT . FURTHERMORE, OVER ONE MONTH ELAPSED BEFORE THE APPLICATION AND REQUEST FOR INTERIM MEASURES WERE LODGED WITH THE COURT .
13 IT SHOULD BE POINTED OUT FIRST THAT THE PURPOSE OF THE PRE-LITIGATION PROCEDURE IS TO GIVE THE MEMBER STATE CONCERNED AN OPPORTUNITY, ON THE ONE HAND, TO COMPLY WITH ITS OBLIGATIONS UNDER COMMUNITY LAW AND, ON THE OTHER, TO AVAIL ITSELF OF ITS RIGHT TO DEFEND ITSELF AGAINST THE COMPLAINTS MADE BY THE COMMISSION .
14 IN VIEW OF THAT DUAL PURPOSE THE COMMISSION MUST ALLOW MEMBER STATES A REASONABLE PERIOD TO REPLY TO THE LETTER OF FORMAL NOTICE AND TO COMPLY WITH A REASONED OPINION, OR, WHERE APPROPRIATE, TO PREPARE THEIR DEFENCE . IN ORDER TO DETERMINE WHETHER THE PERIOD ALLOWED IS REASONABLE, ACCOUNT MUST BE TAKEN OF ALL THE CIRCUMSTANCES OF THE CASE . THUS, VERY SHORT PERIODS MAY BE JUSTIFIED IN PARTICULAR CIRCUMSTANCES, ESPECIALLY WHERE THERE IS AN URGENT NEED TO REMEDY A BREACH OR WHERE THE MEMBER STATE CONCERNED IS FULLY AWARE OF THE COMMISSION' S VIEWS LONG BEFORE THE PROCEDURE STARTS .
18 AS REGARDS THE QUESTION WHETHER THE KINGDOM OF BELGIUM WAS AWARE SUFFICIENTLY IN ADVANCE OF THE COMMISSION' S VIEWS, IT IS COMMON GROUND THAT ALTHOUGH THE COMMISSION HAD EXPRESSED ITS VIEWS TO THE COMPETENT OFFICIALS OF THE BELGIAN MINISTRIES OF NATIONAL EDUCATION ON 25 JUNE 1985, AT A MEETING OF THE EDUCATION COMMITTEE OF 27 AND 28 JUNE 1985 IT STATED THAT IT WAS STILL CONSIDERING THE EFFECTS OF THE JUDGMENTS OF THE COURT IN THE FIELD OF UNIVERSITY EDUCATION . IT FOLLOWS THAT THE KINGDOM OF BELGIUM WAS NOT FULLY INFORMED OF THE DEFINITIVE VIEWS OF THE COMMISSION BEFORE THESE PROCEEDINGS WERE BROUGHT AGAINST IT .
19 THE FOURTH COMPLAINT RELATES TO ACTIONS WHICH CONCERN THE PAST AND ARE NOT THEREFORE IN ANY WAY URGENT .
Bruno Barra v Belgian State and City of Liège.
Date: 1988-02-02
11 IN THAT REGARD IT MUST BE RECALLED THAT THE COURT HAS DECIDED ( SEE IN PARTICULAR THE JUDGMENT OF 27 MARCH 1980 IN CASE 61/79 AMMINISTRAZIONE DELLE FINANZE DELLO STATO V DENKAVIT ITALIANA (( 1980 )) ECR 1205 ) THAT THE INTERPRETATION WHICH, IN THE EXERCISE OF THE JURISDICTION CONFERRED UPON IT BY ARTICLE 177, THE COURT OF JUSTICE GIVES TO A RULE OF COMMUNITY LAW CLARIFIES AND DEFINES WHERE NECESSARY THE MEANING AND SCOPE OF THAT RULE AS IT MUST BE OR OUGHT TO HAVE BEEN UNDERSTOOD AND APPLIED FROM THE TIME OF ITS COMING INTO FORCE . IT FOLLOWS THAT THE RULE AS THUS INTERPRETED MAY, AND MUST, BE APPLIED BY THE COURTS EVEN TO LEGAL RELATIONSHIPS ARISING AND ESTABLISHED BEFORE THE JUDGMENT RULING ON THE REQUEST FOR INTERPRETATION, PROVIDED THAT IN OTHER RESPECTS THE CONDITIONS ENABLING AN ACTION RELATING TO THE APPLICATION OF THAT RULE TO BE BROUGHT BEFORE THE COURTS HAVING JURISDICTION ARE SATISFIED .
13 HOWEVER, THE COURT HAS CONSISTENTLY HELD THAT SUCH A RESTRICTION MAY BE ALLOWED ONLY IN THE JUDGMENT RULING UPON THE INTERPRETATION SOUGHT . THE FUNDAMENTAL NEED FOR A GENERAL AND UNIFORM APPLICATION OF COMMUNITY LAW IMPLIES THAT IT IS FOR THE COURT OF JUSTICE ALONE TO DECIDE UPON THE TEMPORAL RESTRICTIONS TO BE PLACED ON THE INTERPRETATION WHICH IT LAYS DOWN .
17 IT MUST BE STATED THAT THE RIGHT TO REPAYMENT OF AMOUNTS CHARGED BY A MEMBER STATE IN BREACH OF THE RULES OF COMMUNITY LAW IS THE CONSEQUENCE AND COMPLEMENT OF THE RIGHTS CONFERRED ON INDIVIDUALS BY THE COMMUNITY PROVISIONS AS INTERPRETED BY THE COURT .
18 WHILST IT IS TRUE THAT REPAYMENT MAY BE SOUGHT ONLY IN THE FRAMEWORK OF THE CONDITIONS AS TO BOTH SUBSTANCE AND FORM LAID DOWN BY THE VARIOUS NATIONAL LAWS APPLICABLE THERETO, THE FACT NEVERTHELESS REMAINS, AS THE COURT HAS CONSISTENTLY HELD ( SEE IN PARTICULAR THE JUDGMENT OF 9 NOVEMBER 1983 IN CASE 199/82 AMMINISTRAZIONE DELLE FINANZE DELLO STATO V SPA SAN GIORGIO (( 1983 )) ECR 3595 ) THAT THOSE CONDITIONS MAY NOT BE LESS FAVOURABLE THAN THOSE RELATING TO SIMILAR CLAIMS REGARDING NATIONAL CHARGES AND THEY MAY NOT BE SO FRAMED AS TO RENDER VIRTUALLY IMPOSSIBLE THE EXERCISE OF RIGHTS CONFERRED BY COMMUNITY LAW .
19 SINCE A LEGISLATIVE PROVISION SUCH AS THAT AT ISSUE IN THE MAIN PROCEEDINGS, WHICH RESTRICTS REPAYMENT SOLELY TO PLAINTIFFS WHO BROUGHT AN ACTION FOR REPAYMENT BEFORE THE DELIVERY OF THE JUDGMENT OF 13 FEBRUARY 1985 IN CASE 293/83, ACTUALLY DEPRIVES INDIVIDUALS WHO DO NOT SATISFY THAT CONDITION OF THE RIGHT TO OBTAIN REPAYMENT OF AMOUNTS UNDULY PAID, SUCH A PROVISION RENDERS THE EXERCISE OF THE RIGHTS CONFERRED BY ARTICLE 7 OF THE EEC TREATY IMPOSSIBLE .
Ministeriet for Skatter og Afgifter v Investeringsforeningen Dansk Sparinvest.
Date: 1988-02-02
9 ACCORDING TO THE LAST RECITAL IN THE PREAMBLE TO DIRECTIVE 69/335 THE RETENTION OF OTHER INDIRECT TAXES WITH THE SAME CHARACTERISTICS AS THE CAPITAL DUTY OR THE STAMP DUTY ON SECURITIES MIGHT FRUSTRATE THE PURPOSE OF THE MEASURES PROVIDED FOR IN THIS DIRECTIVE AND THOSE TAXES SHOULD THEREFORE BE ABOLISHED . ARTICLE 12 OF THE DIRECTIVE MUST THEREFORE BE INTERPRETED AS MEANING THAT, AS A READING OF THE COMBINED PROVISIONS OF ARTICLES 10, 11 AND 12 CONFIRMS, IT ESTABLISHES AN EXHAUSTIVE LIST OF TAXES AND DUTIES OTHER THAN CAPITAL DUTY WHICH AFFECT CAPITAL COMPANIES IN CONNECTION WITH THE TRANSACTIONS REFERRED TO IN ARTICLES 10 AND 11 .
13 IT MUST BE OBSERVED THAT ARTICLE 4 ( 2 ) ( A ) COVERS TRANSACTIONS WHERE THE INCREASE IN CAPITAL ARISES FROM THE COMPANY' S OWN RESOURCES . A TRANSACTION ACCORDING TO THE TERMS OF THAT PROVISION INVOLVES THE CAPITALIZATION OF PROFITS OR OF PERMANENT OR TEMPORARY RESERVES . SUCH
A TRANSFER ASSUMES THE EXISTENCE OF TWO FUNDS, NAMELY THE CAPITAL, WHICH IS SEPARATE AND DISTINCT AND SERVES AS A GUARANTEE FOR THOSE WHO HAVE DEALINGS WITH THE COMPANY AND CONSTITUTES EVIDENCE OF ITS ECONOMIC STRENGTH, AND ON THE OTHER HAND THE PROFITS AND PERMANENT OR TEMPORARY RESERVES, FUNDS WHICH ARE AT THE DISPOSAL OF THE SHAREHOLDERS AND CEASE TO BE UNDER THEIR CONTROL WHEN THEY ARE CAPITALIZED . IT IS SUCH A TRANSACTION WHICH, ACCORDING TO THE JUDGMENT OF THE COURT OF 15 JULY 1982 IN CASE 270/81 RICKMERS-LINIE KG & CO . V FINANZAMT FOER VERKEHRSTEUERN (( 1982 )) ECR 2771, CONSTITUTES IN LAW A RAISING OF CAPITAL WHICH CONTRIBUTES TO INCREASING THE COMPANY' S ECONOMIC POTENTIAL .
Italian Republic v Commission of the European Communities.
Date: 1988-02-04
18 SINCE COLOURING CANNOT BE REGARDED AS A MATERIAL OPERATION INVOLVED IN WITHDRAWAL FROM STOCK OR PROCESSING, IT IS NECESSARY TO REFER TO THE ONLY PROVISION DEALING WITH COSTS CONNECTED WITH COLOURING, NAMELY ARTICLE 5 OF REGULATION NO 2974/83 WHICH PROVIDES THAT "COLOURING MUST BE CARRIED OUT AT MINIMUM EXPENSE ". THE WORDING OF THAT ARTICLE SUGGESTS THAT THE COSTS CONNECTED WITH COLOURING MUST BE REIMBURSED IN FULL PROVIDED THAT THE METHOD ADOPTED WAS THE LEAST COSTLY POSSIBLE, A POINT NOT RAISED IN THE PROCEEDINGS .
Commission of the European Communities v Italian Republic.
Date: 1988-02-04
11 IT MUST THEREFORE BE CONSIDERED THAT THE DELAYS IN THE COMMUNICATION OF DATA WHICH CONTINUED TO OCCUR AFTER THE REASONED OPINION WAS DELIVERED ARE FACTS OF THE SAME KIND AS THOSE TO WHICH THE OPINION REFERRED AND WHICH CONSTITUTE THE SAME CONDUCT . AS THE COURT HELD IN ITS JUDGMENT OF 22 MARCH 1983 IN CASE 42/82 COMMISSION V FRENCH REPUBLIC (( 1983 )) ECR 1013 ), THE SUBJECT-MATTER OF THE DISPUTE MAY, IN SUCH CIRCUMSTANCES, BE EXTENDED TO EVENTS WHICH TOOK PLACE AFTER THE REASONED OPINION WAS DELIVERED .
13 IT IS THEREFORE APPROPRIATE IN THIS CASE TO REGARD THE SUBJECT-MATTER OF THE DISPUTE AS BEING THE ITALIAN AUTHORITIES' FAILURE TO COMPLY WITH THE AFOREMENTIONED PERIODS, AS EVIDENCED BY THE CONTINUOUS DELAYS, WITHOUT THERE BEING ANY NEED TO CONSIDER EACH CASE OF LATE COMMUNICATION OF DATA OR TO EXCLUDE EVENTS WHICH TOOK PLACE AFTER THE DELIVERY OF THE REASONED OPINION .
THE ALLEGED BREACH OF OBLIGATIONS
John Richard Alan East and others (Margetts and Addenbrooke) v Thomas Cuddy and Winifred Cuddy.
Date: 1988-02-04
11 IN ORDER TO CLARIFY THE TERMS "RESIDENTS" AND "DOMESTIC" AND "FOREIGN" SECURITIES EMPLOYED IN THOSE PROVISIONS, REFERENCE SHOULD BE MADE, NOT TO NATIONAL LEGISLATION, BUT TO THE DEFINITIONS SET OUT IN THE "EXPLANATORY NOTES" ANNEXED TO THE DIRECTIVE, WHICH FORM AN INTEGRAL PART THEREOF .
Mary Murphy and others v An Bord Telecom Eireann.
Date: 1988-02-04
11 IN SO FAR AS IT IS ESTABLISHED THAT THE DIFFERENCE IN WAGE LEVELS IN QUESTION IS BASED ON DISCRIMINATION ON GROUNDS OF SEX, ARTICLE 119 OF THE EEC TREATY IS DIRECTLY APPLICABLE IN THE SENSE THAT THE WORKERS CONCERNED MAY RELY ON IT IN LEGAL PROCEEDINGS IN ORDER TO OBTAIN EQUAL PAY WITHIN THE MEANING OF THE PROVISION AND IN THE SENSE THAT NATIONAL COURTS OR TRIBUNALS MUST TAKE IT INTO ACCOUNT AS A CONSTITUENT PART OF COMMUNITY LAW . IT IS FOR THE NATIONAL COURT, WITHIN THE LIMITS OF ITS DISCRETION UNDER NATIONAL LAW, WHEN INTERPRETING AND APPLYING DOMESTIC LAW, TO GIVE TO IT, WHERE POSSIBLE, AN INTERPRETATION WHICH ACCORDS WITH THE REQUIREMENTS OF THE APPLICABLE COMMUNITY LAW AND, TO THE EXTENT THAT THIS IS NOT POSSIBLE, TO HOLD SUCH DOMESTIC LAW INAPPLICABLE .
The Queen v H. M. Commissioners of Customs and Excise, ex parte: The National Dried Fruit Trade Association.
Date: 1988-02-11
22 IT SHOULD BE OBSERVED THAT THE FIXING OF A MINIMUM PRICE AT A LEVEL ABOVE THE EXISTING PRICES IN THE COMMUNITY IS NOT UNLAWFUL IN ITSELF UNLESS IT EXCEEDS THE LEVEL REQUIRED TO MAKE THE PROTECTIVE MEASURE EFFECTIVE . IN THIS INSTANCE, HOWEVER, IT DOES NOT APPEAR THAT THE MINIMUM PRICE EXCEEDED THAT LEVEL TO SUCH AN EXTENT AS TO CAST DOUBT ON ITS LEGALITY .
26 IT IS APPROPRIATE TO POINT OUT IN THIS CONNECTION THAT, ALTHOUGH THE IMPOSITION OF A COUNTERVAILING CHARGE WAS NOT EXPRESSLY PROVIDED FOR IN COUNCIL REGULATION NO 521/77, THAT DOES NOT NECESSARILY IMPLY THAT SUCH A MEASURE WAS PRECLUDED . ON THE CONTRARY, IT MAY BE CONCLUDED FROM THE FACT THAT THAT REGULATION AUTHORIZED THE TOTAL OR PARTIAL SUSPENSION OF IMPORTS THAT THE COMMISSION WAS EMPOWERED TO INTRODUCE A LESS RIGID SCHEME, NAMELY A MINIMUM PRICE WITH A COUNTERVAILING CHARGE . IT SHOULD BE RECALLED THAT IN ITS JUDGMENT OF 12 APRIL 1984 IN CASE 345/82 WOENSCHE V GERMANY (( 1984 /)) ECR 1995 THE COURT HELD THAT, SINCE THE COMMISSION WAS ENTITLED TO TAKE PROTECTIVE MEASURES LEADING TO A COMPLETE SUSPENSION OF IMPORTS FROM THIRD COUNTRIES, IT WAS, A FORTIORI, ENTITLED TO ADOPT LESS RESTRICTIVE MEASURES .
29 THAT ARGUMENT IS FUNDAMENTALLY UNTENABLE . A COUNTERVAILING CHARGE IS NOT UNLAWFUL MERELY BECAUSE IT IS SET AT A FIXED RATE . ITS LEGALITY DEPENDS ON A WHOLE RANGE OF FACTORS, SUCH AS THE PRICES CHARGED FOR IMPORTS AND THE REQUIREMENTS OF EFFECTIVELY ACHIEVING THE DESIRED AIM .
Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
Date: 1988-02-23
32 INDENT ( B ) PROVIDES THAT THE MEMBER STATES ARE TO EXEMPT FROM VALUE-ADDED TAX "HOSPITAL AND MEDICAL CARE AND CLOSELY RELATED ACTIVITIES UNDERTAKEN BY BODIES GOVERNED BY PUBLIC LAW OR, UNDER SOCIAL CONDITIONS COMPARABLE TO THOSE APPLICABLE TO BODIES GOVERNED BY PUBLIC LAW, BY HOSPITALS, CENTRES FOR MEDICAL TREATMENT OR DIAGNOSIS AND OTHER DULY RECOGNIZED ESTABLISHMENTS OF A SIMILAR NATURE ". THE SERVICES INVOLVED THEREFORE ENCOMPASS A WHOLE RANGE OF MEDICAL CARE NORMALLY PROVIDED ON A NON-PROFIT-MAKING BASIS IN ESTABLISHMENTS PURSUING SOCIAL PURPOSES SUCH AS THE PROTECTION OF HUMAN HEALTH .
33 ON THE OTHER HAND, INDENT ( C ) PROVIDES THAT THE MEMBER STATES ARE TO EXEMPT FROM VALUE-ADDED TAX "THE PROVISION OF MEDICAL CARE IN THE EXERCISE OF THE MEDICAL AND PARAMEDICAL PROFESSIONS ". IT IS CLEAR FROM THE POSITION OF THAT INDENT, DIRECTLY FOLLOWING THE INDENT CONCERNING HOSPITAL CARE, AND FROM ITS CONTEXT, THAT THE SERVICES INVOLVED ARE PROVIDED OUTSIDE HOSPITALS AND SIMILAR ESTABLISHMENTS AND WITHIN THE FRAMEWORK OF A CONFIDENTIAL RELATIONSHIP BETWEEN THE PATIENT AND THE PERSON PROVIDING THE CARE, A RELATIONSHIP WHICH IS NORMALLY ESTABLISHED IN THE CONSULTING ROOM OF THAT PERSON . IN THOSE CIRCUMSTANCES, APART FROM MINOR PROVISIONS OF GOODS WHICH ARE STRICTLY NECESSARY AT THE TIME WHEN THE CARE IS PROVIDED, THE SUPPLY OF MEDICINES AND OTHER GOODS, SUCH AS CORRECTIVE SPECTACLES PRESCRIBED BY A DOCTOR OR BY OTHER AUTHORIZED PERSONS, IS PHYSICALLY AND ECONOMICALLY DISSOCIABLE FROM THE PROVISION OF THE SERVICE .
Commission of the European Communities v Italian Republic.
Date: 1988-02-23
9 IT MUST BE OBSERVED IN THIS REGARD THAT AN INTERPRETATION BASED ON A DECLARATION BY THE COUNCIL CANNOT GIVE RISE TO AN INTERPRETATION DIFFERENT FROM THAT RESULTING FROM THE ACTUAL WORDING OF THE FOURTH INDENT OF ARTICLE 8 ( 1 ) OF THE DIRECTIVE .
United Kingdom of Great Britain and Northern Ireland v Council of the European Communities.
Date: 1988-02-23
11 IT SHOULD BE POINTED OUT FIRST OF ALL THAT IN THIS CASE THE ARGUMENT WITH REGARD TO THE CORRECT LEGAL BASIS IS NOT A PURELY FORMAL ONE, INASMUCH AS ARTICLES 43 AND 100 OF THE TREATY ENTAIL DIFFERENT RULES REGARDING THE MANNER IN WHICH THE COUNCIL MAY ARRIVE AT ITS DECISION . THE CHOICE OF THE LEGAL BASIS COULD THUS AFFECT THE DETERMINATION OF THE CONTENT OF THE CONTESTED DIRECTIVE .
17 EFFORTS TO ACHIEVE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY, IN PARTICULAR UNDER COMMON ORGANIZATIONS OF THE MARKETS, CANNOT DISREGARD REQUIREMENTS RELATING TO THE PUBLIC INTEREST SUCH AS THE PROTECTION OF CONSUMERS OR THE PROTECTION OF THE HEALTH AND LIFE OF HUMANS AND ANIMALS, REQUIREMENTS WHICH THE COMMUNITY INSTITUTIONS MUST TAKE INTO ACCOUNT IN EXERCISING THEIR POWERS .
19 IT FOLLOWS FROM THE PROVISIONS DISCUSSED ABOVE, TAKEN AS A WHOLE, THAT ARTICLE 43 OF THE TREATY IS THE APPROPRIATE LEGAL BASIS FOR ANY LEGISLATION CONCERNING THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS LISTED IN ANNEX II TO THE TREATY WHICH CONTRIBUTES TO THE ACHIEVEMENT OF ONE OR MORE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 OF THE TREATY . THERE IS NO NEED TO HAVE RECOURSE TO ARTICLE 100 OF THE TREATY WHERE SUCH LEGISLATION INVOLVES THE HARMONIZATION OF PROVISIONS OF NATIONAL LAW IN THAT FIELD .
29 ON THAT POINT IT IS SUFFICIENT TO STATE THAT THE DETERMINATION OF THE APPROPRIATE LEGAL BASIS FOR A MEASURE DOES NOT DEPEND ON THE DISCRETION OF THE COMMUNITY LEGISLATURE BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW ( SEE THE JUDGMENT OF 26 MARCH 1987 IN CASE 45/86, REFERRED TO ABOVE ). A PREVIOUS COUNCIL PRACTICE OF ADOPTING LEGISLATIVE MEASURES IN A PARTICULAR FIELD ON A DUAL LEGAL BASIS CANNOT DEROGATE FROM THE RULES LAID DOWN IN THE TREATY . SUCH A PRACTICE CANNOT THEREFORE CREATE A PRECEDENT BINDING ON THE COMMUNITY INSTITUTIONS WITH REGARD TO THE DETERMINATION OF THE CORRECT LEGAL BASIS .
35 HOWEVER, THE COUNCIL' S RULES OF PROCEDURE DO NOT AUTHORIZE THE SECRETARY-GENERAL OR THE STAFF OF THE GENERAL SECRETARIAT TO MAKE ALTERATIONS OR CORRECTIONS TO TEXTS ADOPTED BY THE COUNCIL . ALTHOUGH IT IS CLEARLY PART OF THE DUTIES OF THE COUNCIL' S GENERAL SECRETARIAT TO CORRECT SPELLING AND GRAMMAR, THAT DISCRETION CANNOT EXTEND TO THE CONTENT OF THE MEASURE IN QUESTION .
Commission of the European Communities v Kingdom of Belgium.
Date: 1988-02-24
10 AS REGARDS THE ARGUMENT ALLEGING A BREACH OF THE SECOND PARAGRAPH OF ARTICLE 13 OF THE PROTOCOL, IT IS NECESSARY TO STATE THAT, ACCORDING TO ITS WORDING AND SCHEME, THAT PROVISION PROVIDES FOR AN EXEMPTION FROM ALL DIRECT OR INDIRECT NATIONAL TAXES ON SALARIES, WAGES AND EMOLUMENTS PAID BY THE COMMUNITIES TO THEIR OFFICIALS AND OTHER SERVANTS . CONSEQUENTLY, IT PRECLUDES ANY NATIONAL TAX, REGARDLESS OF ITS NATURE AND THE MANNER IN WHICH IT IS LEVIED, WHICH IS IMPOSED DIRECTLY OR INDIRECTLY ON OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES BY REASON OF THE FACT THAT THEY ARE IN RECEIPT OF REMUNERATION PAID BY THE COMMUNITIES, EVEN IF THE TAX IN QUESTION IS NOT CALCULATED BY REFERENCE TO THE AMOUNT OF THAT REMUNERATION .
Commission of the European Communities v Hellenic Republic.
Date: 1988-02-25
20 IT FOLLOWS THAT THE PROVISIONS OF THE ACT OF ACCESSION MUST BE INTERPRETED WITH REFERENCE TO THE FOUNDATIONS OF THE COMMUNITY, AS ESTABLISHED BY THE TREATY, AND THAT THE DEROGATIONS PERMITTED BY THE ACT OF ACCESSION FROM THE RULES LAID DOWN BY THE TREATY MUST BE INTERPRETED IN SUCH A WAY AS TO FACILITATE THE ACHIEVEMENT OF THE OBJECTIVES OF THE TREATY AND THE APPLICATION OF ALL ITS RULES .
Kingdom of the Netherlands v Commission of the European Communities.
Date: 1988-02-25
13 THE COURT HAS CONSISTENTLY HELD THAT THE EXTENT OF THE DUTY TO STATE THE REASONS ON WHICH A DECISION IS BASED, LAID DOWN IN ARTICLE 190 OF THE EEC TREATY, DEPENDS ON THE NATURE OF THE ACT IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .
24 WITH REGARD TO THE ASSESSMENT OF THIS SUBMISSION, IT MUST BE POINTED OUT THAT THE COURT HAS CONSISTENTLY HELD ( JUDGMENT OF 7 FEBRUARY 1979 IN CASE 11/76 NETHERLANDS V COMMISSION (( 1979 )) ECR 245 ) THAT THE PROVISIONS OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 PERMIT THE COMMISSION TO CHARGE TO THE EAGGF ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUM PAID, AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS .
25 IN ITS JUDGMENT OF 14 JANUARY 1981 IN CASE 819/79 FEDERAL REPUBLIC OF GERMANY V COMMISSION (( 1981 )) ECR 21, THE COURT EMPHASIZED THAT THE FUNCTION OF A COMMISSION DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF IS TO ESTABLISH WHETHER THE EXPENDITURE WAS INCURRED BY THE NATIONAL AUTHORITIES IN ACCORDANCE WITH COMMUNITY PROVISIONS . IN CASES WHERE COMMUNITY RULES AUTHORIZE PAYMENT OF AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF OR SUPERVISION ARE OBSERVED, AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE EXPENDITURE INCURRED THEREIN MAY NOT THEREFORE BE CHARGED TO THE EAGGF, EVEN IF IT WERE ESTABLISHED THAT NO SUBSTANTIVE IRREGULARITY HAS BEEN COMMITTED .