larimo/cjeu-paragraph-retrieval huggingface dataset:
Procureur de la République v Michelangelo Rivoira and others.
Date: 1979-03-28
14IN SO FAR AS THIS QUESTION IS TO BE UNDERSTOOD AS A SUPPLEMENT TO QUESTION 1 , THE ANSWER MUST BE THAT A CRIMINAL PENALTY ATTACHING TO A MEASURE OF RESTRICTION APPLIED TO THE IMPORTATION INTO ONE MEMBER STATE OF PRODUCTS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE IS AS INCOMPATIBLE WITH COMMUNITY LAW AS THAT RESTRICTION ITSELF .
ICAP v Walter Beneventi.
Date: 1979-03-28
10WITHIN THE FRAME-WORK OF THE PROCEDURE UNDER ARTICLE 177 , IT IS NOT FOR THE COURT TO APPLY THE COMMUNITY RULES WHICH IT HAS INTERPRETED TO NATIONAL MEASURES OR SITUATIONS .
NTN Toyo Bearing Company Ltd and others v Council of the European Communities.
Date: 1979-03-29
9BEFORE COMMENCING THE EXAMINATION OF THE ADMISSIBILITY OF THE APPLICATION , IT SHOULD BE STATED THAT NTN AND ITS SUBSIDIARIES ARE SUFFICIENTLY CLOSELY ASSOCIATED FOR THE COMMISSION TO HAVE CONSIDERED , DURING ITS EXAMINATION OF THE MATTER , THAT IT WAS NECESSARY TO APPLY TO THEM THE SPECIAL PROVISIONS CONCERNING EXPORT PRICES LAID DOWN IN ARTICLE 3 ( 3 ) OF THE BASIC REGULATION , REGULATION NO 459/68 . IN THESE CIRCUMSTANCES THERE IS NO NEED , AS REGARDS THE QUESTION WHETHER THE CONTESTED MEASURE IS OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANTS , TO MAKE A DISTINCTION IN RELATION TO THEM BETWEEN PRODUCERS ON THE ONE HAND AND IMPORTERS ON THE OTHER .
11ARTICLE 3 CONSTITUTES ACCORDINGLY A COLLECTIVE DECISION RELATING TO NAMED ADDRESSES . ALTHOUGH THE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY IS PER SE OF DIRECT CONCERN TO ANY IMPORTER WHO HAS IMPORTED THE PRODUCTS IN QUESTION SUBJECT TO SUCH DUTY , THE SPECIAL FEATURE OF ARTICLE 3 WHICH SETS IT APART IS THAT IT DOES NOT CONCERN ALL IMPORTERS BUT ONLY THOSE WHO HAVE IMPORTED THE PRODUCTS MANUFACTURED BY THE FOUR MAJOR JAPANESE PRODUCERS NAMED IN THAT ARTICLE . THE ALLEGATION OF THE COUNCIL AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHOULD THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
12ARTICLE 3 OF REGULATION NO 1778/77 IS THEREFORE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE IMPORTERS AND CONSEQUENTLY THE APPLICATIONS LODGED BY THE SUBSIDIARIES , AS IMPORTERS OF NTN PRODUCTS , ARE ADMISSIBLE . AS A RESULT THE APPLICATION LODGED BY NTN AGAINST THAT ARTICLE IS ALSO ADMISSIBLE .

THE SUBSTANCE OF THE APPLICATION
21THE ARGUMENT THAT REGULATION NO 1778/77 CONSTITUTES A MEASURE SUI GENERIS BASED DIRECTLY ON ARTICLE 113 OF THE TREATY AND NOT SUBJECT TO THE PROVISIONS OF REGULATION NO 459/68 DISREGARDS THE FACT THAT THE WHOLE PROCEEDING IN QUESTION WAS CARRIED OUT WITHIN THE CONTEXT OF THE PROVISIONS LAID DOWN BY THAT REGULATION . THE COUNCIL , HAVING ADOPTED A GENERAL REGULATION WITH A VIEW TO IMPLEMENTING ONE OF THE OBJECTIVES LAID DOWN IN ARTICLE 113 OF THE TREATY , CANNOT DEROGATE FROM THE RULES THUS LAID DOWN IN APPLYING THOSE RULES TO SPECIFIC CASES WITHOUT INTERFERING WITH THE LEGISLATIVE SYSTEM OF THE COMMUNITY AND DESTROYING THE EQUALITY BEFORE THE LAW OF THOSE TO WHOM THAT LAW APPLIES .
Import Standard Office (ISO) v Council of the European Communities.
Date: 1979-03-29
15IT SHOULD BE STATED THAT NACHI AND I.S.O . ARE SUFFICIENTLY CLOSELY ASSOCIATED FOR THE COMMISSION TO HAVE CONSIDERED , DURING ITS EXAMINATION OF THE MATTER , THAT IT WAS NECESSARY TO APPLY TO THEM THE SPECIAL PROVISIONS CONCERNING EXPORT PRICES LAID DOWN IN ARTICLE 3 ( 3 ) OF THE BASIC REGULATION , REGULATION NO 459/68 .
16IN THESE CIRCUMSTANCES IT IS NECESSARY TO CONSIDER THAT THE MEASURES WHICH REFER PARTICULARLY TO NACHI ' S PRODUCTS AND ARE OF DIRECT AND INDIVIDUAL CONCERN TO NACHI ARE OF DIRECT AND INDIVIDUAL CONCERN TO I.S.O .
26THE ALLEGATION OF THE COUNCIL AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHOULD THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
Nippon Seiko KK and others v Council and Commission of the European Communities.
Date: 1979-03-29
14AS REGARDS THE ADMISSIBILITY OF THE APPLICATION IN SO FAR AS IT IS DIRECTED AGAINST ARTICLE 3 , THAT ARTICLE CONSTITUTES A COLLECTIVE DECISION RELATING TO NAMED ADDRESSEES . ALTHOUGH THE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY IS PER SE OF DIRECT CONCERN TO ANY IMPORTER WHO HAS IMPORTED THE PRODUCTS IN QUESTION SUBJECT TO SUCH DUTY , THE SPECIAL FEATURE OF ARTICLE 3 WHICH SETS IT APART IS THAT IT DOES NOT CONCERN ALL IMPORTERS BUT ONLY THOSE WHO HAVE IMPORTED THE PRODUCTS MANUFACTURED BY THE FOUR MAJOR JAPANESE PRODUCERS NAMED IN THAT ARTICLE . THE ALLEGATION OF THE DEFENDANT INSTITUTIONS AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHALL THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
Koyo Seiko Co. Ltd. and others v Council of the European Communities.
Date: 1979-03-29
25THE ALLEGATION OF THE DEFENDANT INSTITUTIONS AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHOULD THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
Nachi Fujikoshi Corporation and others v Council of the European Communities.
Date: 1979-03-29
11AS REGARDS THE ADMISSIBILITY OF THE APPLICATION IN SO FAR AS IT IS DIRECTED AGAINST ARTICLE 3 , THAT ARTICLE CONSTITUTES A COLLECTIVE DECISION RELATING TO NAMED ADDRESSEES . ALTHOUGH THE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY IS PER SE OF DIRECT CONCERN TO ANY IMPORTER WHO HAS IMPORTED THE PRODUCTS IN QUESTION SUBJECT TO SUCH DUTY , THE SPECIAL FEATURE OF ARTICLE 3 WHICH SETS IT APART IS THAT IT DOES NOT CONCERN ALL IMPORTERS BUT ONLY THOSE WHO HAVE IMPORTED THE PRODUCTS MANUFACTURED BY THE FOUR MAJOR JAPANESE PRODUCERS NAMED IN THAT ARTICLE . THE ALLEGATION OF THE COUNCIL AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHOULD THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
Arturo Bellintani and others v Commission of the European Communities.
Date: 1979-04-05
5THE APPLICANTS HAVE NEVER CONTESTED THEIR INITIAL CLASSIFICATION AS LOCAL STAFF .
19AN OPPORTUNITY FOR PROMOTION IS OPEN TO THE APPLICANTS , SINCE THEY ARE COVERED BY THE TERMS OF THE ' ' GENERAL PROVISIONS TO GIVE EFFECT TO THE PROCEDURE FOR PROMOTING STAFF PAID FROM RESEARCH APPROPRIATIONS ' '  ( ADMINISTRATIVE NOTICES NO 197 OF 28 APRIL 1978 ) WHICH APPLY TO ' ' TEMPORARY STAFF HOLDING CONTRACTS ' ' .
Willy Orlandi v Commission of the European Communities.
Date: 1979-04-05
11IN FACT , SUCH AN ERROR AS TO THE INAPPLICABILITY OF ARTICLE 90 ( 2 ) TO THE PRESENT CASE IS EXCUSABLE HAVING REGARD TO THE PRESENT WORDING OF THE PROVISIONS IN QUESTION AND , IN THE ABSENCE OF ANY IMPERATIVE REASONS TO THE CONTRARY , IT CANNOT RESULT IN THE APPLICANT ' S BEING TIME-BARRED AND THEREFORE DEPRIVE HIM OF HIS RIGHT TO RESORT TO LEGAL PROCEEDINGS .
Criminal proceedings against Tullio Ratti.
Date: 1979-04-05
20IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT WHICH ARTICLE 189 ASCRIBES TO DIRECTIVES TO EXCLUDE ON PRINCIPLE THE POSSIBILITY OF THE OBLIGATIONS IMPOSED BY THEM BEING RELIED ON BY PERSONS CONCERNED .
25IN THE SECOND QUESTION THE NATIONAL COURT ASKS , ESSENTIALLY , WHETHER , IN INCORPORATING THE PROVISIONS OF THE DIRECTIVE ON SOLVENTS INTO ITS INTERNAL LEGAL ORDER , THE STATE TO WHICH IT IS ADDRESSED MAY PRESCRIBE ' ' OBLIGATIONS AND LIMITATIONS WHICH ARE MORE PRECISE AND DETAILED THAN , OR AT ALL EVENTS DIFFERENT FROM , THOSE SET OUT IN THE DIRECTIVE ' ' , REQUIRING IN PARTICULAR INFORMATION NOT REQUIRED BY THE DIRECTIVE TO BE AFFIXED TO THE CONTAINERS .
26THE COMBINED EFFECT OF ARTICLES 3 TO 8 OF DIRECTIVE NO 73/173 IS THAT ONLY SOLVENTS WHICH ' ' COMPLY WITH THE PROVISIONS OF THIS DIRECTIVE AND THE ANNEX THERETO ' '  MAY BE PLACED ON THE MARKET AND THAT MEMBER STATES ARE NOT ENTITLED TO MAINTAIN , PARALLEL WITH THE RULES LAID DOWN BY THE SAID DIRECTIVE FOR IMPORTS , DIFFERENT RULES FOR THE DOMESTIC MARKET .
27THUS IT IS A CONSEQUENCE OF THE SYSTEM INTRODUCED BY DIRECTIVE NO 73/173 THAT A MEMBER STATE MAY NOT INTRODUCE INTO ITS NATIONAL LEGISLATION CONDITIONS WHICH ARE MORE RESTRICTIVE THAN THOSE LAID DOWN IN THE DIRECTIVE IN QUESTION , OR WHICH ARE EVEN MORE DETAILED OR IN ANY EVENT DIFFERENT , AS REGARDS THE CLASSIFICATION , PACKAGING AND LABELLING OF SOLVENTS AND THAT THIS PROHIBITION ON THE IMPOSITION OF RESTRICTIONS NOT PROVIDED FOR APPLIES BOTH TO THE DIRECT MARKETING OF THE PRODUCTS ON THE HOME MARKET AND TO IMPORTED PRODUCTS .
36WHEN , PURSUANT TO ARTICLE 100 OF THE TREATY , COMMUNITY DIRECTIVES PROVIDE FOR THE HARMONIZATION OF MEASURES NECESSARY TO ENSURE THE PROTECTION OF THE HEALTH OF HUMANS AND ANIMALS AND ESTABLISH COMMUNITY PROCEDURES TO SUPERVISE COMPLIANCE THEREWITH , RECOURSE TO ARTICLE 36 CEASES TO BE JUSTIFIED AND THE APPROPRIATE CONTROLS MUST HENCEFORTH BE CARRIED OUT AND THE PROTECTIVE MEASURES TAKEN IN ACCORDANCE WITH THE SCHEME LAID DOWN BY THE HARMONIZING DIRECTIVE .
42THAT PERIOD HAS NOT YET EXPIRED AND THE STATES TO WHICH THE DIRECTIVE WAS ADDRESSED HAVE UNTIL 9 NOVEMBER 1979 TO INCORPORATE THE PROVISIONS OF DIRECTIVE NO 77/728 INTO THEIR INTERNAL LEGAL ORDERS .
Max Schaap v Bestuur van de Bedrijfsvereniging voor Bank- en Verzekeringswezen, Groothandel en Vrije Beroepen.
Date: 1979-04-05
10IT IS CLEAR FROM THE PROVISIONS QUOTED ABOVE THAT FOR THE PURPOSE OF THE CALCULATION OF THE ACTUAL AMOUNT OF BENEFIT IN ACCORDANCE WITH ARTICLE 46 ( 2 ) OF REGULATION ( EEC ) NO 1408/71 , THE REGULATION AIMS TO ENSURE THAT A PERIOD OF INSURANCE COMPLETED UNDER VOLUNTARY OR OPTIONAL CONTINUED INSURANCE UNDER THE LEGISLATION OF ONE MEMBER STATE WHICH COINCIDES WITH A PERIOD OF INSURANCE OR RESIDENCE COMPLETED UNDER COMPULSORY INSURANCE UNDER THE LEGISLATION OF ANOTHER MEMBER STATE IS NOT TAKEN INTO ACCOUNT FOR THE PURPOSE OF THE AGGREGATION OF PERIODS WITHOUT THIS HOWEVER DEPRIVING THE WORKER OF THE BENEFIT OF THAT PERIOD . IT FOLLOWS FROM ALL THE FOREGOING THAT WHERE THERE CAN BE NO QUESTION OF PERIODS COINCIDING BECAUSE ONE BODY OF LEGISLATION IN QUESTION IS OF TYPE A THE REGULATION ALSO ALLOWS THE WORKER THE BENEFITS CORRESPONDING TO ANY PERIOD OF VOLUNTARY OR OPTIONAL INSURANCE .
11THEREFORE ALTHOUGH ARTICLE 46 ( 2 ) OF REGULATION NO 574/72 APPEARS UNDER THE HEADING ' ' CALCULATION OF BENEFITS IN THE EVENT OF OVERLAPPING OF PERIODS ' ' , IT MUST BE APPLIED TO ALL CASES COMING UNDER ARTICLE 46 ( 3 ) OF REGULATION NO 1408/71 SO THAT , FOR THE PURPOSE OF THE APPLICATION OF THAT PARAGRAPH , THE COMPETENT INSTITUTION CANNOT TAKE ACCOUNT OF BENEFITS CORRESPONDING TO PERIODS COMPLETED UNDER VOLUNTARY OR OPTIONAL INSURANCE .
Commission of the European Communities v Kingdom of Belgium.
Date: 1979-05-16
35IT SHOULD BE RECALLED THAT THE PROVISIONS OF ARTICLE 1 OF THE SAID ROYAL DECREE WERE AT THE ROOT OF THE REFERENCE FOR A PRELIMINARY RULING BY THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS IN CASE 8/74 PROCUREUR DU ROI V BENOIT AND GUSTAVE DASSONVILLE , WHICH ASKED WHETHER A NATIONAL PROVISION PROHIBITING THE IMPORT OF GOODS BEARING A DESIGNATION OF ORIGIN WHERE SUCH GOODS ARE NOT ACCOMPANIED BY AN OFFICIAL DOCUMENT ISSUED BY THE GOVERNMENT OF THE EXPORTING COUNTRY CERTIFYING THEIR RIGHT TO SUCH DESIGNATION CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
36IN ITS JUDGMENT OF 11 JULY 1974 GIVEN IN THAT CASE (( 1974 ) ECR 837 ) THE COURT RULED :
' ' THE REQUIREMENT BY A MEMBER STATE OF A CERTIFICATE OF AUTHENTICITY WHICH IS LESS EASILY OBTAINABLE BY IMPORTERS OF AN AUTHENTIC PRODUCT WHICH HAS BEEN PUT INTO FREE CIRCULATION IN A REGULAR MANNER IN ANOTHER MEMBER STATE THAN BY IMPORTERS OF THE SAME PRODUCT COMING DIRECTLY FROM THE COUNTRY OF ORIGIN CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION AS PROHIBITED BY THE TREATY . ' '
37IN THE GROUNDS OF THAT JUDGMENT THE COURT ADDED THAT IN THE ABSENCE OF A COMMUNITY SYSTEM GUARANTEEING FOR CONSUMERS THE AUTHENTICITY OF A PRODUCT ' S DESIGNATION OF ORIGIN , IF A MEMBER STATE TAKES MEASURES TO PREVENT UNFAIR PRACTICES IN THIS CONNEXION IT IS , HOWEVER , SUBJECT TO THE CONDITION THAT THOSE MEASURES SHOULD BE REASONABLE AND THAT THE MEANS OF PROOF REQUIRED SHOULD NOT ACT AS A HINDRANCE TO TRADE BETWEEN MEMBER STATES AND SHOULD , IN CONSEQUENCE , BE ACCESSIBLE TO ALL COMMUNITY NATIONALS .
Ditta Angelo Tomadini Snc v Amministrazione delle finanze dello Stato.
Date: 1979-05-16
20IN THE CONTEXT OF ECONOMIC RULES SUCH AS THOSE GOVERNING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , IF IN ORDER TO DEAL WITH INDIVIDUAL SITUATIONS THE COMMUNITY INSTITUTIONS HAVE LAID DOWN SPECIFIC RULES ENABLING TRADERS IN RETURN FOR ENTERING INTO CERTAIN OBLIGATIONS WITH THE PUBLIC AUTHORITIES TO PROTECT THEMSELVES - AS REGARDS TRANSACTIONS DEFINITIVELY UNDERTAKEN - FROM THE EFFECTS OF THE NECESSARILY FREQUENT VARIATIONS IN THE DETAILED RULES FOR THE APPLICATION OF THE COMMON ORGANIZATION , THE PRINCIPLE OF RESPECT FOR LEGITIMATE EXPECTATIONS PROHIBITS THOSE INSTITUTIONS FROM AMENDING THOSE RULES WITHOUT LAYING DOWN TRANSITIONAL MEASURES UNLESS THE ADOPTION OF SUCH A MEASURE IS CONTRARY TO AN OVERRIDING PUBLIC INTEREST .
21ON THE OTHER HAND , THE FIELD OF APPLICATION OF THIS PRINCIPLE CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE EARLIER RULES IN THE ABSENCE OF OBLIGATIONS ENTERED INTO WITH THE PUBLIC AUTHORITIES .
Hugin Kassaregister AB and Hugin Cash Registers Ltd v Commission of the European Communities.
Date: 1979-05-31
17THE INTERPRETATION AND APPLICATION OF THE CONDITION RELATING TO EFFECTS ON TRADE BETWEEN MEMBER STATES CONTAINED IN ARTICLES 85 AND 86 OF THE TREATY MUST BE BASED ON THE PURPOSE OF THAT CONDITION WHICH IS TO DEFINE , IN THE CONTEXT OF THE LAW GOVERNING COMPETITION , THE BOUNDARY BETWEEN THE AREAS RESPECTIVELY COVERED BY COMMUNITY LAW AND THE LAW OF THE MEMBER STATES . THUS COMMUNITY LAW COVERS ANY AGREEMENT OR ANY PRACTICE WHICH IS CAPABLE OF CONSTITUTING A THREAT TO FREEDOM OF TRADE BETWEEN MEMBER STATES IN A MANNER WHICH MIGHT HARM THE ATTAINMENT OF THE OBJECTIVES OF A SINGLE MARKET BETWEEN THE MEMBER STATES , IN PARTICULAR BY PARTITIONING THE NATIONAL MARKETS OR BY AFFECTING THE STRUCTURE OF COMPETITION WITHIN THE COMMON MARKET . ON THE OTHER HAND CONDUCT THE EFFECTS OF WHICH ARE CONFINED TO THE TERRITORY OF A SINGLE MEMBER STATE IS GOVERNED BY THE NATIONAL LEGAL ORDER .
Criminal proceedings against Gilbert Even and Office national des pensions pour travailleurs salariés (ONPTS).
Date: 1979-05-31
12IT IS CLEAR FROM THE FILE THAT THE ESSENTIAL OBJECTIVE OF THE BENEFIT GRANTED UNDER THE NATIONAL PROVISIONS IN QUESTION IS TO OFFER TO BELGIAN WORKERS WHO FOUGHT IN THE ALLIED FORCES BETWEEN 10 MAY 1940 AND 8 MAY 1945 AND SUFFER INCAPACITY FOR WORK ATTRIBUTABLE TO AN ACT OF WAR A TESTIMONY OF NATIONAL RECOGNITION FOR THE HARDSHIPS SUFFERED DURING THAT PERIOD AND TO GRANT THEM , BY INCREASING THE RATE OF THE EARLY RETIREMENT PENSION , A BENEFIT BY REASON OF THE SERVICES THUS RENDERED TO THEIR COUNTRY .
13IN VIEW OF THIS OBJECTIVE AND OF THESE CONDITIONS FOR ITS GRANT , SUCH A BENEFIT DOES NOT EXHIBIT THE FACTORS RELATING TO A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF ARTICLE 4 ( 1 ) OF THE REGULATION .
14ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 , DEFINING THE SUBSTANTIVE FIELD OF APPLICATION OF THAT PROVISION , PROVIDES THAT THE REGULATION DOES NOT APPLY INTER ALIA ' ' TO BENEFIT SCHEMES FOR VICTIMS OF WAR OR ITS CONSEQUENCES ' ' .
20REGULATION ( EEC ) NO 1612/68 , WHICH WAS ADOPTED IN IMPLEMENTATION OF ARTICLES 48 AND 49 OF THE TREATY AND WITHIN THE CONTEXT OF THE MEASURES ADOPTED BY REGULATION NO 38/64 OF THE COUNCIL OF 25 MARCH 1964 ( JOURNAL OFFICIEL 1964 , NO 62 , P . 965 ), AIMS TO ACHIEVE FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY .
21FOR THIS PURPOSE IT PROVIDES FOR THE ABOLITION OF ALL DIFFERENCES IN TREATMENT BETWEEN NATIONAL WORKERS AND WORKERS WHO ARE NATIONALS OF THE OTHER MEMBER STATES AS REGARDS CONDITIONS OF EMPLOYMENT , WORK AND REMUNERATION AND GIVES WORKERS WHO ARE NATIONALS OF THE OTHER MEMBER STATES AND MEMBERS OF THEIR FAMILY ACCESS TO THE SOCIAL AND TAX ADVANTAGES FROM WHICH NATIONAL WORKERS BENEFIT IN THE STATE OF EMPLOYMENT .
22IT FOLLOWS FROM ALL ITS PROVISIONS AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THIS REGULATION EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES ARE ALL THOSE 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 STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY .
23AS IT HAS PREVIOUSLY BEEN STATED , THE MAIN REASON FOR A BENEFIT SUCH AS THAT GRANTED BY THE BELGIAN NATIONAL LEGISLATION IN QUESTION TO CERTAIN CATEGORIES OF NATIONAL WORKERS IS THE SERVICES WHICH THOSE IN RECEIPT OF THE BENEFIT HAVE RENDERED IN WARTIME TO THEIR OWN COUNTRY AND ITS ESSENTIAL OBJECTIVE IS TO GIVE THOSE NATIONALS AN ADVANTAGE BY REASON OF THE HARDSHIPS SUFFERED FOR THAT COUNTRY .
24SUCH A BENEFIT , WHICH IS BASED ON A SCHEME OF NATIONAL RECOGNITION , CANNOT THEREFORE BE CONSIDERED AS AN ADVANTAGE GRANTED TO A NATIONAL WORKER BY REASON PRIMARILY OF HIS STATUS OF WORKER OR RESIDENT ON THE NATIONAL TERRITORY AND FOR THAT REASON DOES NOT FULFIL THE ESSENTIAL CHARACTERISTICS OF THE ' ' SOCIAL ADVANTAGES ' '  REFERRED TO IN ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 1612/68 .
Mrs V v Commission of the European Communities.
Date: 1979-06-14
19 ON THE OTHER HAND , IT MUST BE ACKNOWLEDGED THAT THE APPLICANT IS ENTITLED TO A GESTURE FROM THE COMMISSION IN COMPENSATION FOR THE NON-MATERIAL DAMAGE WHICH SHE HAS SUFFERED AS A RESULT OF THE DEFENDANT ' S CLEAR LACK OF VIGOUR IN FULFILLING ITS DUTY TO PROVIDE PROTECTION . IN THAT RESPECT THE AWARD OF SYMBOLIC DAMAGES APPEARS TO OFFER SUITABLE SATISFACTION . THE COMMISSION SHOULD THEREFORE BE ORDERED TO PAY TO THE APPLICANT A SUM CORRESPONDING TO ONE EUROPEAN MONETARY BY WAY OF COMPENSATION FOR THE NON-MATERIAL DAMAGE WHICH SHE HAS SUFFERED .
Advokatrådet comme mandataire pour P. Conradsen A/S v Ministeriet for skatter og afgifter.
Date: 1979-06-27
11 SINCE THE TWO QUESTIONS RELATE TO THE SAME SUBJECT-MATTER THEY FALL TO BE CONSIDERED TOGETHER . IN ORDER TO ANSWER THEM BOTH THE WORDING OF ARTICLE 5 ( 1 ) ( A ) OF COUNCIL DIRECTIVE 69/335/EEC AND THE MAIN OBJECTIVES WHICH THIS ARTICLE HAS IN VIEW SHOULD BE CONSIDERED IN THE CONTEXT OF THIS DIRECTIVE . AS THE RECITALS IN ITS PREAMBLE INDICATE , THE LATTER AIMS AT ENCOURAGING THE FREE MOVEMENT OF CAPITAL WHICH IS REGARDED AS ESSENTIAL FOR THE CREATION OF AN ECONOMIC UNION WHOSE CHARACTERISTICS ARE SIMILAR TO THOSE OF A DOMESTIC MARKET . AS FAR AS CONCERNS TAXES ON THE RAISING OF CAPITAL THE PURSUIT OF SUCH AN OBJECTIVE PRESUPPOSES THE ABOLITION OF INDIRECT TAXES WHICH HAD BEEN IN FORCE IN THE MEMBER STATES UNTIL THEN AND IMPOSING IN PLACE OF THEM A TAX LEVIED ONLY ONCE IN THE COMMON MARKET AND AT THE SAME RATE IN ALL THE MEMBER STATES . FOR THESE PURPOSES THE DIRECTIVE PROVIDES FOR THE LEVYING ON CAPITAL WHICH HAS BEEN RAISED A CAPITAL DUTY , WHICH , AS STATED IN THE SEVENTH RECITAL , SHOULD BE HARMONIZED WITH REGARD BOTH TO ITS STRUCTURES AND TO ITS RATES , SO AS NOT TO INTERFERE WITH THE MOVEMENT OF CAPITAL .
Criminal proceedings against J. van Dam en Zonen and others.
Date: 1979-07-03
7 IT SHOULD ALSO BE BORNE IN MIND , HOWEVER , THAT AT THE TIME IN QUESTION THE COUNCIL HAD NOT IMPLEMENTED THE PROTECTIVE MEASURES ENVISAGED BY ARTICLE 102 . THIS LED TO UNCERTAINTY IN THE LAW , BUT IT DID NOT ACTUALLY ENTAIL A LEGAL VACUUM FROM THE POINT OF VIEW OF COMMUNITY LAW . THE COURT HAS SHOWN IN ITS JUDGMENT OF 16 FEBRUARY 1978 ( CASE 61/77 COMMISSION V IRELAND ( 1978 ) ECR 417 , PARAGRAPHS 28 TO 37 AND 56 TO 68 ), WHAT THE LAW IS APPLICABLE IN THE CIRCUMSTANCES AND HOW POWERS ARE DIVIDED BETWEEN THE COMMUNITY AND THE MEMBER STATES . IT FOLLOWS THAT DURING THE YEAR 1978 THE MEMBER STATES HAD THE RIGHT AND THE DUTY TO ADOPT , WITHIN THEIR RESPECTIVE SPHERES OF JURISDICTION , ANY MEASURE COMPATIBLE WITHIN COMMUNITY LAW TO PROTECT THE BIOLOGICAL RESOURCES OF THE SEA AND , IN PARTICULAR , TO FIX FISHING QUOTAS FOR FISHING UNDERTAKINGS AND FISHERMEN SUBJECT TO THEIR CONTROL .
10 IN THIS CONNEXION IT SHOULD BE REMEMBERED THAT PROTECTIVE MEASURES AGREED ON WITHIN THE COMMUNITY , IN CONSULTATION WITH THE COMMISSION , ARE BASED ON RESPONSIBILITY SHARED BETWEEN THE MEMBER STATES , IN THE SENSE THAT AT PRESENT EACH STATE REGULATES IN ACCORDANCE WITH THE PROVISIONS OF ITS OWN NATIONAL LEGISLATION CONCERNING FISHING QUOTAS , THE CATCHES LANDED IN ITS OWN PORTS . IT CANNOT BE HELD CONTRARY TO THE PRINCIPLE OF NON-DISCRIMINATION TO APPLY NATIONAL LEGISLATION , THE COMPATIBILITY OF WHICH WITH COMMUNITY LAW IS MOREOVER NOT CONTESTED , BECAUSE OTHER MEMBER STATES ALLEGEDLY APPLY LESS STRICT RULES . INEQUALITIES OF THIS KIND , IF THEY EXIST , MUST BE ELIMINATED BY MEANS OF THE CONSULTATIONS PROVIDED FOR BY ANNEX VI TO THE HAGUE RESOLUTION , QUOTED IN THE JUDGMENT REFERRED TO ABOVE , BUT THEY CANNOT BE THE FOUNDATION OF A CHARGE OF DISCRIMINATION WITH REGARD TO THE PROVISIONS MADE BY A MEMBER STATE WHICH APPLIES EQUALLY TO ANY PERSON UNDER ITS JURISDICTION , THE REGULATIONS WHICH IT HAD ADOPTED FOR FISHING QUOTAS .
Gallet v Ministre de l'agriculture.
Date: 1979-07-04
7 AS A REASON FOR THAT INTERPRETATION OF THE PROVISIONS IN QUESTION THE COURT REFERRED ON THE ONE HAND TO THE FACT THAT COMMUNITY RULES REQUIRE THE MEMBER STATES TO TAKE ALL APPROPRIATE MEASURES TO ENSURE COMPLIANCE WITH THE PROVISIONS RELATING TO OENOLOGICAL PRACTICES , INCLUDING THE ENRICHMENT OF WINE , AND ON THE OTHER HAND THAT THE PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION BASED ON THE PROPORTION OF ALCOHOL TO THE REDUCED DRY EXTRACT PRESUPPOSES RECOURSE ONLY TO THE 100* METHOD TO EXTRACT THE DRY SUBSTANCES FROM THE WINE . FROM THIS POINT OF VIEW THE COURT NOTED THAT NO COEFFICIENTS     EXISTED WHICH WOULD ENABLE THE VALUES OF THE REDUCED DRY EXTRACT OBTAINED BY OTHER METHODS , IN PARTICULAR THE DENSIMETRIC METHOD , TO BE TRANSPOSED INTO THOSE RESULTING FROM THE 100* METHOD . IN THIS RESPECT THE COURT RELIED ON SCIENTIFIC AND TRADE EXPERIENCE AND KNOWLEDGE AT THE TIME , AND GAVE JUDGMENT IN THE SENSE INDICATED , ' ' UNTIL MORE APPROPRIATE METHODS HAVE BEEN WORKED OUT ' '  ( PARAGRAPH 36 OF THE AFORE-MENTIONED JUDGMENT OF 9 DECEMBER 1975 IN CASE 64/75 ).