larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v Federal Republic of Germany.
Date: 1973-07-12
13 SUCH A REQUEST IS ADMISSIBLE SINCE THE COMMISSION IS COMPETENT, WHEN IT HAS FOUND THAT AID IS INCOMPATIBLE WITH THE COMMON MARKET, TO DECIDE THAT THE STATE CONCERNED MUST ABOLISH OR ALTER IT . TO BE OF PRACTICAL EFFECT, THIS ABOLITION OR MODIFICATION MAY INCLUDE AN OBLIGATION TO REQUIRE REPAYMENT OF AID GRANTED IN BREACH OF THE TREATY, SO THAT IN THE ABSENCE OF MEASURES FOR RECOVERY, THE COMMISSION MAY BRING THE MATTER BEFORE THE COURT . MOREOVER AN APPLICATION FROM THE COMMISSION, WITHIN THE SCOPE OF THE PROCEDURE UNDER ARTICLES 169 TO 171, FOR A DECLARATION THAT IN OMITTING TO TAKE SPECIFIC MEASURES, A MEMBER STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY, IS EQUALLY ADMISSIBLE .
SINCE THE AIM OF THE TREATY IS TO ACHIEVE THE PRACTICAL ELIMINATION OF INFRINGEMENTS AND THE CONSEQUENCES THEREOF, PAST AND FUTURE, IT IS A MATTER FOR THE COMMUNITY AUTHORITIES WHOSE TASK IT IS TO ENSURE THAT THE REQUIREMENTS OF THE TREATY ARE OBSERVED TO DETERMINE THE EXTENT TO WHICH THE OBLIGATION OF THE MEMBER STATE CONCERNED MAY BE SPECIFIED IN THE REASONED OPINIONS OR DECISIONS DELIVERED UNDER ARTICLES 169 AND 93 ( 2 ) RESPECTIVELY AND IN APPLICATIONS ADDRESSED TO THE COURT .
THIS PLEA MUST THEREFORE BE REJECTED .
MERITS
19 IN ACCORDANCE WITH THE FIRST SENTENCE OF ARTICLE 93 ( 2 ) THE SOLE AIM OF THIS COMMUNICATION IS TO OBTAIN FROM PERSONS CONCERNED ALL INFORMATION REQUIRED FOR THE GUIDANCE OF THE COMMISSION WITH REGARD TO ITS FUTURE ACTION .
TAKING ACCOUNT BOTH OF THIS INTENTION AND FURTHERMORE OF THE EXTREMELY SUMMARY NATURE OF THE TERMINOLOGY USED FOR THE DESCRIPTION AND EXPLANATION OF THE SYSTEM OF AID IN QUESTION, IT IS IMPOSSIBLE TO DEDUCE THAT THE EFFECT OF THAT COMMUNICATION ON THE RIGHTS OF INDIVIDUAL PERSONS WOULD BE THAT CLAIMED BY THE COMMISSION . THE DATE IN QUESTION MUST NOT THEREFORE BE TAKEN INTO CONSIDERATION IN ASCERTAINING THE EFFECT OF THE DECISION OF 17 FEBRUARY 1971, THE INFORMATION CONTAINED IN WHICH THUS CONSTITUTES THE SOLE FACTOR TO BE TAKEN INTO ACCOUNT IN ADJUDICATING ON THE INFRINGEMENT ALLEGED AGAINST THE FEDERAL REPUBLIC OF GERMANY .
20 UNDER ARTICLE 93 ( 2 ) IF THE COMMISSION FINDS THAT AID GRANTED BY A STATE IS NOT COMPATIBLE WITH THE COMMON MARKET, IT SHALL DECIDE THAT THE STATE CONCERNED " SHALL ABOLISH OR ALTER " IT .
BY CONTRAST WITH ARTICLE 93 ( 3 ) WHICH INVOLVES THE POWER OF THE COMMISSION TO TAKE IMMEDIATE INTERIM MEASURES, WHERE NECESSARY, DECISIONS TAKEN UNDER ARTICLE 93 ( 2 ) CAN ONLY TAKE FULL EFFECT ON CONDITION THAT THE COMMISSION INDICATES TO THE MEMBER STATE CONCERNED THE ASPECTS OF THE AID WHICH ARE REGARDED AS INCOMPATIBLE WITH THE TREATY AND THEREFORE SUBJECT TO ABOLITION OR ALTERATION .
Anciens Etablissements D. Angenieux fils aîné and Caisse primaire centrale d'assurance maladie de la région parisienne v Willy Hakenberg.
Date: 1973-07-12
20 FOR THIS PURPOSE NOT ONLY MUST THE DURATION OF PERIODS OF ACTIVITY BE CONSIDERED, BUT ALSO THE NATURE OF THE EMPLOYMENT IN QUESTION .
32 THE ANSWER TO THE QUESTION MUST THEREFORE BE THAT BY " PERMANENT RESIDENCE ", IN THE SENSE IN WHICH THIS TERM IS USED IN ARTICLE 13 ( 1 ) ( C ) ( FIRST SECTION ) AND MORE EXTENSIVELY DEFINED IN ARTICLE 1 ( H ) OF REGULATION NO 3, THERE MUST BE UNDERSTOOD, IN THE CASE OF A BUSINESS REPRESENTATIVE PURSUING THE KIND OF ACTIVITIES DESCRIBED IN THE ORDER OF REFERENCE OF A PRELIMINARY RULING, THE PLACE IN WHICH THAT WORKER HAS ESTABLISHED THE PERMANENT CENTRE OF HIS INTERESTS AND TO WHICH HE RETURNS IN THE INTERVALS BETWEEN HIS TOURS .
Claus W. Muras v Hauptzollamt Hamburg Jonas.
Date: 1973-10-09
7 IN THE ABSENCE OF ANY EXPRESS REFERENCE TO THE LAWS OR CUSTOMS OF A THIRD COUNTRY A COMMUNITY PROVISION MUST BE INTERPRETED IN RELATION TO AND IN THE CONTEXT OF ITS OWN SOURCES .
THE REFUND SYSTEM IS INSTRUMENTAL IN THE COMMON ORGANIZATION OF MARKETS FOR THE PURPOSE OF ACHIEVING THE OBJECTIVES SET BY ARTICLE 39, AND IN PARTICULAR THE STABILIZATION OF THE COMMUNITY MARKET PROVIDED FOR BY ARTICLE 40 ( 3 ) AND BY THE FIFTH RECITAL OF REGULATION NO 121/67 .
TO MAKE THE GRANT OF A REFUND DEPENDENT UPON THE LAWS OR CUSTOMS OF A THIRD STATE WOULD DEPRIVE THE COMMUNITY OF ALL CERTAINTY IN THE USE OF THIS INSTRUMENT AND WOULD MAKE EFFECTIVE CONTROL BY THE COMMUNITY IMPOSSIBLE .
12 THIS REQUIREMENT, CONTAINED IN ARTICLE 6 OF REGULATION NO 1041/67, CONSTITUTES A GENERAL, OBJECTIVE CONDITION FOR THE GRANT OF A REFUND, WHATEVER THE REQUIREMENTS AS TO CATEGORY AND QUALITY LAID DOWN BY THE REGULATIONS FIXING THE AMOUNTS OF REFUND FOR EACH PRODUCT .
A PRODUCT WHICH COULD NOT BE MARKETED WITHIN THE COMMUNITY UNDER NORMAL CONDITIONS AND UNDER THE DESCRIPTION GIVEN IN THE CLAIM FOR THE GRANT OF A REFUND WOULD NOT MEET THESE REQUIREMENTS AS TO QUALITY .
THE FACT THAT THE AMOUNT OF THE REFUND EXCEEDS THE PRICE IN FACT PAID BY THE EXPORTER ON THE HOME MARKET FOR THE PRODUCT EXPORTED IS AN INDICATION THAT DOUBTS SHOULD BE CAST ON THE QUALITY OF THE PRODUCT .
ON THE SECOND PART OF THE THIRD QUESTION
Fratelli Variola S.p.A. v Amministrazione italiana delle Finanze.
Date: 1973-10-10
8 BY THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY, A REGULATION " SHALL HAVE GENERAL APPLICATION " AND " SHALL BE DIRECTLY APPLICABLE IN ALL MEMBER STATES ".
ACCORDINGLY, OWING TO ITS VERY NATURE AND ITS PLACE IN THE SYSTEM OF SOURCES OF COMMUNITY LAW, A REGULATION HAS IMMEDIATE EFFECT AND, CONSEQUENTLY, OPERATES TO CONFER RIGHTS ON PRIVATE PARTIES WHICH THE NATIONAL COURTS HAVE A DUTY TO PROTECT .
THE ANSWER TO THE QUESTION MUST THEREFORE BE IN THE AFFIRMATIVE .
ON QUESTIONS 4 AND 5
10 THE DIRECT APPLICATION OF A REGULATION MEANS THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT ARE INDEPENDENT OF ANY MEASURE OF RECEPTION INTO NATIONAL LAW .
BY VIRTUE OF THE OBLIGATIONS ARISING FROM THE TREATY AND ASSUMED ON RATIFICATION, MEMBER STATES ARE UNDER A DUTY NOT TO OBSTRUCT THE DIRECT APPLICABILITY INHERENT IN REGULATIONS AND OTHER RULES OF COMMUNITY LAW .
STRICT COMPLIANCE WITH THIS OBLIGATION IS AN INDISPENSABLE CONDITION OF SIMULTANEOUS AND UNIFORM APPLICATION OF COMMUNITY REGULATIONS THROUGHOUT THE COMMUNITY .
11 MORE PARTICULARLY, MEMBER STATES ARE UNDER AN OBLIGATION NOT TO INTRODUCE ANY MEASURE WHICH MIGHT AFFECT THE JURISDICTION OF THE COURT TO PRONOUNCE ON ANY QUESTION INVOLVING THE INTERPRETATION OF COMMUNITY LAW OR THE VALIDITY OF AN ACT OF THE INSTITUTIONS OF THE COMMUNITY, WHICH MEANS THAT NO PROCEDURE IS PERMISSIBLE WHEREBY THE COMMUNITY NATURE OF A LEGAL RULE IS CONCEALED FROM THOSE SUBJECT TO IT .
UNDER ARTICLE 177 OF THE TREATY IN PARTICULAR, THE JURISDICTION OF THE COURT IS UNAFFECTED BY ANY PROVISIONS OF NATIONAL LEGISLATION WHICH PURPORT TO CONVERT A RULE OF COMMUNITY LAW INTO NATIONAL LAW .
ON QUESTION 7
Balkan-Import-Export GmbH v Hauptzollamt Berlin-Packhof.
Date: 1973-10-24
22 MOREOVER, A WEIGHTED SYSTEM, BECAUSE OF ITS FLAT-RATE NATURE, WOULD BRING THE SAME DISADVANTAGES AS THOSE CRITICIZED, YET WITHOUT SUPPLYING THE COMPLETE PROTECTION DEEMED NECESSARY IN RELATION TO THE WORLD' S LEADING EXPORTER OF AGRICULTURAL PRODUCE .
SINCE ONE OF THE AIMS OF THE CONJUNCTURAL MEASURES PLANNED WAS TO PROVIDE A SHORT-TERM REMEDY FOR THE CONSEQUENCES OF THE REVALUATION OF THE DM WHICH MIGHT PLACE IN JEOPARDY THE GOAL OF A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY, IT WAS REASONABLE TO CONTEMPLATE THE NECESSITY OF ALLOWING A MAXIMUM CORRECTIVE FACTOR .
IN EXERCISING THEIR POWERS, THE INSTITUTIONS MUST ENSURE THAT THE AMOUNTS WHICH COMMERCIAL OPERATORS ARE CHARGED ARE NO GREATER THAN IS REQUIRED TO ACHIEVE THE AIM WHICH THE AUTHORITIES ARE TO ACCOMPLISH; HOWEVER, IT DOES NOT NECESSARILY FOLLOW THAT THAT OBLIGATION MUST BE MEASURED IN RELATION TO THE INDIVIDUAL SITUATION OF ANY ONE PARTICULAR GROUP OF OPERATORS .
GIVEN THE MULTIPLICITY AND COMPLEXITY OF ECONOMIC CIRCUMSTANCES, SUCH AN EVALUATION WOULD NOT ONLY BE IMPOSSIBLE TO ACHIEVE, BUT WOULD ALSO CREATE PERPETUAL UNCERTAINTY IN THE LAW .
AN OVERALL ASSESSMENT OF THE ADVANTAGES AND DISADVANTAGES OF THE MEASURES CONTEMPLATED WAS JUSTIFIED, IN THIS CASE, BY THE EXCEPTIONALLY PRESSING NEED FOR PRACTICABILITY IN ECONOMIC MEASURES WHICH ARE DESIGNED TO EXERT AN IMMEDIATE CORRECTIVE INFLUENCE; AND THIS NEED HAD TO BE TAKEN INTO ACCOUNT IN BALANCING THE OPPOSING INTERESTS .
24 ARTICLE 39 OF THE TREATY SETS OUT VARIOUS OBJECTIVES OF THE COMMON AGRICULTURAL POLICY .
IN PURSUING THESE OBJECTIVES, THE COMMUNITY INSTITUTIONS MUST SECURE THE PERMANENT HARMONIZATION MADE NECESSARY BY ANY CONFLICTS BETWEEN THESE AIMS TAKEN INDIVIDUALLY AND, WHERE NECESSARY, ALLOW ANY ONE OF THEM TEMPORARY PRIORITY IN ORDER TO SATISFY THE DEMANDS OF THE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .
IF, OWING TO DEVELOPMENTS IN THE MONETARY SITUATION, PREFERENCE HAPPENS TO BE GIVEN TO THE INTERESTS OF THE AGRICULTURAL COMMUNITY, THE COUNCIL DOES NOT IN SO DOING CONTRAVENE ARTICLE 39 . MOREOVER, IT HAS NOT BEEN ESTABLISHED THAT THE MEASURES QUESTIONED GAVE RISE TO PRICES WHICH WOULD APPEAR OBVIOUSLY UNREASONABLE ON SELLING TO CONSUMERS .
Carl Schlüter v Hauptzollamt Lörrach.
Date: 1973-10-24
29 A PARTICULAR FEATURE OF THIS AGREEMENT, FOUNDED - ACCORDING TO THE PREAMBLE - ON THE PRINCIPLE OF NEGOTIATIONS UNDERTAKEN ON " A RECIPROCAL AND MUTUALLY ADVANTAGEOUS BASIS ", IS THE BROAD FLEXIBILITY OF ITS PROVISIONS, ESPECIALLY THOSE CONCERNING DEVIATIONS FROM GENERAL RULES, MEASURES WHICH MAY BE TAKEN IN CASES OF EXCEPTIONAL DIFFICULTY, AND THE SETTLING OF DIFFERENCES BETWEEN THE CONTRACTING PARTIES .
FOR SETTLING DISPUTES, THESE MEASURES COMPRISE, AS THE CASE REQUIRES, WRITTEN ARGUMENTS OR PROPOSALS WHICH ARE " TO BE ACCORDED SYMPATHETIC CONSIDERATION ", INQUIRIES TO BE FOLLOWED UP, IF NECESSARY, BY RECOMMENDATIONS, CONSULTATIONS OR DECISIONS BY THE CONTRACTING PARTIES, INCLUDING ANY AUTHORIZING CERTAIN CONTRACTING PARTIES TO SUSPEND THE APPLICATION TO OTHERS, OF ANY CONCESSION OR OTHER OBLIGATION DERIVED FROM THE GENERAL AGREEMENT, AND LASTLY, WHERE SUCH A SUSPENSION OCCURS, AN OPTION GIVEN TO THE AFFECTED PARTY TO WITHDRAW FROM THE AGREEMENT .
FINALLY, WHERE AS A RESULT OF SOME OBLIGATION ASSUMED UNDER THE GENERAL AGREEMENT OR OF A CONCESSION WITH RESPECT TO A PREFERENCE, SERIOUS INJURY IS CAUSED OR THREATENED TO CERTAIN PRODUCERS, ARTICLE XIX GRANTS AN OPPORTUNITY FOR ONE OF THE CONTRACTING PARTIES TO SUSPEND THE OBLIGATION UNILATERALLY, OR TO WITHDRAW OR MODIFY THE CONCESSION, EITHER AFTER CONSULTING ALL THE CONTRACTING PARTIES, OR EVEN, IN THE ABSENCE OF AGREEMENT BETWEEN THE CONTRACTING PARTIES CONCERNED, IF THERE IS URGENCY IN THE MATTER AND BY WAY OF A TEMPORARY MEASURE, WITHOUT PRIOR CONSULTATION .
Bestuur der Sociale Verzekeringsbank v B. Smieja.
Date: 1973-11-07
20 AS ALREADY STATED, THE PURPOSE OF THIS PROVISION 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 .
21 FOR THIS, THE PROTECTION GIVEN MUST NECESSARILY EXTEND TO COVER BENEFITS WHICH, WHILE CREATED WITHIN THE CONFINES OF A PARTICULAR SCHEME, E.G . THAT IN ARTICLE 43 OF THE AOW, ARE GIVEN EFFECT BY INCREASING THE VALUE OF THE PENSION WHICH WOULD OTHERWISE ACCRUE TO THE RECIPIENT .
22 IT FOLLOWS THAT, TO THE EXTENT THAT A NATIONAL LAW SUCH AS ARTICLE 44 OF THE AOW IMPOSES A CONDITION OF RESIDENCE ON WOULD-BE RECIPIENTS OF SOME OF THE BENEFITS OF THE TYPE MENTIONED IN ARTICLE 10, THE FACT THAT THE PERSON CONCERNED RESIDES IN THE TERRITORY OF A DIFFERENT MEMBER STATE IS NO GROUND FOR MODIFICATION, WITHDRAWAL OR SUSPENSION OF SUCH BENEFIT .
Wilhelm Werhahn Hansamühle and others v Council of the European Communities.
Date: 1973-11-13
12 IN CREATING A SYSTEM OF AIDS INTENDED TO FAVOUR THE PRODUCTION OF DURUM WHEAT IN THE COMMUNITY THE INSTITUTIONS SOUGHT TO ATTAIN SEVERAL OF THE OBJECTIVES IN ARTICLE 39, IN PARTICULAR ASSURING THE AVAILABILITY OF SUPPLIES IN THE COMMON MARKET AND THE STABILITY OF THE MARKET BY ENCOURAGING THE CULTIVATION OF DURUM WHEAT WHICH IS SHOWING AN UNFAVOURABLE BALANCE AS COMPARED WITH THAT OF COMMON WHEAT .
THE CONCEPT OF STABILIZATION OF THE MARKETS CANNOT COVER THE MAINTENANCE AT ALL COSTS OF POSITIONS ALREADY ESTABLISHED UNDER PREVIOUS MARKET CONDITIONS .
BESIDES, IT EMERGES FROM PARTS OF THE RECORD THAT THE PRODUCTION OF DURUM WHEAT, WHICH BEFORE 1966 HAD ONLY A LOCAL ECONOMIC SIGNIFICANCE, HAS INCREASED TO SUCH AN EXTENT THAT AT THE TIME OF THE APPLICATION IT PERMITTED COMMUNITY REQUIREMENTS TO BE COVERED TO THE EXTEND OF MORE THAN 80 PER CENT .
A NEW PRODUCTION OF THIS MAGNITUDE MUST NORMALLY RESULT IN NEW MOVEMENTS OF TRADE BETWEEN MEMBER STATES .
Magdalena Vandeweghe and others v Berufsgenossenschaft für die chemische Industrie.
Date: 1973-11-27
2 THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE EEC TREATY TO GIVE A RULING ON THE INTERPRETATION OF PROVISIONS OF INTERNATIONAL LAW WHICH BIND MEMBER STATES OUTSIDE THE FRAMEWORK OF COMMUNITY LAW .
THE COURT THUS HAS NO JURISDICTION TO GIVE A RULING ON THE QUESTIONS OF INTERPRETATION WHICH ARE RAISED BY ARTICLE 2 OF THE SUPPLEMENTARY AGREEMENT NO 3 BETWEEN BELGIUM AND GERMANY OWING TO THE FACT, IN PARTICULAR, THAT THE FRENCH AND DUTCH TEXTS USE THE EXPRESSIONS " PRESTATIONS OU FRACTIONS DE PRESTATIONS " AND " UITKERINGEN OF GEDEELTEN VAN UITKERINGEN " AS EQUIVALENT TO THE GERMAN EXPRESSION " RENTEN ODER RENTENTEILE ", WHILST THIS LATTER IS TRANSLATED ELSEWHERE IN THE AGREEMENT BY THE EXPRESSIONS " PENSIONS ET RENTES " AND " PENSIOENEN EN RENTEN ".
Société de produits alimentaires et diététiques Sopad SA. v Fonds d'orientation et de régularisation des marchés agricoles (FORMA) and Fonds d'intervention et de régularisation du marché du sucre (firs).
Date: 1973-12-05
8 UNDER A GENERALLY RECOGNIZED PRINCIPLE, THE LAWS AMENDING A LEGISLATIVE PROVISION APPLY, UNLESS OTHERWISE PROVIDED, TO FUTURE CONSEQUENCES OF SITUATIONS WHICH AROSE UNDER THE FORMER LAW;
Otto Witt KG v Hauptzollamt Hamburg-Ericus.
Date: 1973-12-12
3 THE EXPLANATORY NOTES TO THE COMMON CUSTOMS TARIFF, ALTHOUGH AN IMPORTANT FACTOR AS REGARDS INTERPRETATION IN ALL CASES WHERE THE PROVISIONS OF THE TARIFF PROVOKE UNCERTAINTY, CANNOT AMEND THOSE PROVISIONS, THE MEANING AND SCOPE OF WHICH ARE SUFFICIENTLY CLEAR .
THE EXPRESSION " GAME " IN ITS ORDINARY MEANING DESIGNATES THOSE CATEGORIES OF ANIMAL LIVING IN THE WILD STATE WHICH ARE HUNTED .
ALTHOUGH THE CUSTOMS AUTHORITIES CAN LEGITIMATELY REQUIRE CONCLUSIVE EVIDENCE THAT THE ANIMALS WHOSE MEAT IS DECLARED BY THE IMPORTER AS BEING COVERED BY SUBHEADING 02.04-B ARE GAME ANIMALS, THE EXPLANATORY NOTES CANNOT, IN CONTRADICTION TO THE TEXT OF THE COMMON CUSTOMS TARIFF, ELIMINATE ALL DIFFERENCES OF CLASSIFICATION AS BETWEEN THE MEAT OF WILD AND DOMESTIC ANIMALS OF THE SAME SPECIES .
Sociaal Fonds voor de Diamantarbeiders v NV Indiamex and Feitelijke Vereniging De Belder.
Date: 1973-12-13
9 THIS COMMON TARIFF IS INTENDED TO ACHIEVE AN EQUALIZATION OF CUSTOMS CHARGES LEVIED AT THE FRONTIERS OF THE COMMUNITY ON PRODUCTS IMPORTED FROM THIRD COUNTRIES, IN ORDER TO AVOID ANY DEFLECTION OF TRADE IN RELATION WITH THOSE COUNTRIES AND ANY DISTORTION OF FREE INTERNAL CIRCULATION OR OF COMPETITIVE CONDITIONS .
10 ALTHOUGH, UNLIKE THE FIRST SECTION OF THE CHAPTER OF THE TREATY RELATING TO THE CUSTOMS UNION ( ARTICLES 12 TO 17 ), SECTION 2 OF THE SAME CHAPTER ( ARTICLES 18 TO 29 ) MAKES NO MENTION OF " CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ", THIS OMISSION DOES NOT MEAN THAT SUCH CHARGES MAY BE MAINTAINED, STILL LESS INTRODUCED .
13 ALTHOUGH THAT REGULATION DOES NOT EXPRESSLY ALLOW FOR THE ELIMINATION OR EQUALIZATION OF CHARGES OTHER THAN CUSTOMS DUTIES AS SUCH, IT IS NEVERTHELESS CLEAR FROM ITS OBJECTIVE THAT UNDER IT MEMBER STATES ARE PROHIBITED FROM AMENDING, BY MEANS OF CHARGES SUPPLEMENTING SUCH DUTIES, THE LEVEL OF PROTECTION AS DEFINED BY THE COMMON CUSTOMS TARIFF .
18 IT FOLLOWS THEREFORE THAT SUBSEQUENT TO THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF ALL MEMBER STATES ARE PROHIBITED FROM INTRODUCING, ON A UNILATERAL BASIS, ANY NEW CHARGES OR FROM RAISING THE LEVEL OF THOSE ALREADY IN FORCE .
22 ACCORDINGLY, THE QUESTIONS REFERRED SHOULD BE ANSWERED TO THE EFFECT THAT THE MEMBER STATES MAY NOT, SUBSEQUENT TO THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF, INTRODUCE, IN A UNILATERAL MANNER, NEW CHARGES ON GOODS IMPORTED DIRECTLY FROM THIRD COUNTRIES OR RAISE THE LEVEL OF THOSE IN EXISTENCE AT THAT TIME .
Rheinmühlen-Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1974-01-16
2 ARTICLE 177 IS ESSENTIAL FOR THE PRESERVATION OF THE COMMUNITY CHARACTER OF THE LAW ESTABLISHED BY THE TREATY AND HAS THE OBJECT OF ENSURING THAT IN ALL CIRCUMSTANCES THIS LAW IS THE SAME IN ALL STATES OF THE COMMUNITY .
WHILST IT THUS AIMS TO AVOID DIVERGENCES IN THE INTERPRETATION OF COMMUNITY LAW WHICH THE NATIONAL COURTS HAVE TO APPLY, IT LIKEWISE TENDS TO ENSURE THIS APPLICATION BY MAKING AVAILABLE TO THE NATIONAL JUDGE A MEANS OF ELIMINATING DIFFICULTIES WHICH MAY BE OCCASIONED BY THE REQUIREMENT OF GIVING COMMUNITY LAW ITS FULL EFFECT WITHIN THE FRAMEWORK OF THE JUDICIAL SYSTEMS OF THE MEMBER STATES .
CONSEQUENTLY ANY GAP IN THE SYSTEM SO ORGANIZED COULD UNDERMINE THE EFFECTIVENESS OF THE PROVISIONS OF THE TREATY AND OF THE SECONDARY COMMUNITY LAW .
THE PROVISIONS OF ARTICLE 177, WHICH ENABLE EVERY NATIONAL COURT OR TRIBUNAL WITHOUT DISTINCTION TO REFER A CASE TO THE COURT FOR A PRELIMINARY RULING WHEN IT CONSIDERS THAT A DECISION ON THE QUESTION IS NECESSARY TO ENABLE IT TO GIVE JUDGMENT, MUST BE SEEN IN THIS LIGHT .
3 THE PROVISIONS OF ARTICLE 177 ARE ABSOLUTELY BINDING ON THE NATIONAL JUDGE AND, IN SO FAR AS THE SECOND PARAGRAPH IS CONCERNED, ENABLE HIM TO REFER A CASE TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING ON INTERPRETATION OR VALIDITY .
THIS ARTICLE GIVEN NATIONAL COURTS THE POWER AND, WHERE APPROPRIATE, IMPOSES ON THEM THE OBLIGATION TO REFER A CASE FOR A PRELIMINARY RULING, AS SOON AS THE JUDGE PERCEIVES EITHER OF HIS OWN MOTION OR AT THE REQUEST OF THE PARTIES THAT THE LITIGATION DEPENDS ON A POINT REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 177 .
4 IT FOLLOWS THAT NATIONAL COURTS HAVE THE WIDEST DISCRETION IN REFERRING MATTERS TO THE COURT OF JUSTICE IF THEY CONSIDER THAT A CASE PENDING BEFORE THEM RAISES QUESTIONS INVOLVING INTERPRETATION, OR CONSIDERATION OF THE VALIDITY, OF PROVISIONS OF COMMUNITY LAW, NECESSITATING A DECISION ON THEIR PART .
IT FOLLOWS FROM THESE FACTORS THAT A RULE OF NATIONAL LAW WHEREBY A COURT IS BOUND ON POINTS OF LAW BY THE RULINGS OF A SUPERIOR COURT CANNOT DEPRIVE THE INFERIOR COURTS OF THEIR POWER TO REFER TO THE COURT QUESTIONS OF INTERPRETATION OF COMMUNITY LAW INVOLVING SUCH RULINGS .
IT WOULD BE OTHERWISE IF THE QUESTIONS PUT BY THE INFERIOR COURT WERE SUBSTANTIALLY THE SAME AS QUESTIONS ALREADY PUT BY THE SUPERIOR COURT .
ON THE OTHER HAND THE INFERIOR COURT MUST BE FREE, IF IT CONSIDERS THAT THE RULING ON LAW MADE BY THE SUPERIOR COURT COULD LEAD IT TO GIVE A JUDGMENT CONTRARY TO COMMUNITY LAW, TO REFER TO THE COURT QUESTIONS WHICH CONCERN IT .
IF INFERIOR COURTS WERE BOUND WITHOUT BEING ABLE TO REFER MATTERS TO THE COURT, THE JURISDICTION OF THE LATTER TO GIVE PRELIMINARY RULINGS AND THE APPLICATION OF COMMUNITY LAW AT ALL LEVELS OF THE JUDICIAL SYSTEMS OF THE MEMBER STATES WOULD BE COMPROMISED .
5 THE REPLY MUST THEREFORE BE THAT THE EXISTENCE OF A RULE OF DOMESTIC LAW WHEREBY A COURT IS BOUND ON POINTS OF LAW BY THE RULINGS OF THE COURT SUPERIOR TO IT CANNOT OF ITSELF TAKE AWAY THE POWER PROVIDED FOR BY ARTICLE 177 OF REFERRING CASES TO THE COURT .
Belgische Radio en Televisie and société belge des auteurs, compositeurs et éditeurs v SV SABAM and NV Fonior.
Date: 1974-01-30
6 IN THE PARTICULAR CIRCUMSTANCES OF THIS CASE IT IS NECESSARY, BEFORE GIVING A RULING ON THE QUESTIONS REFERRED, FIRST TO EXAMINE THE REGULARITY OF THE REFERENCE TO THE COURT .
AS TO THE JURISDICTION OF THE COURT
7 THE COURT HAS JURISDICTION TO GIVE JUDGMENT ON A REQUEST FOR A PRELIMINARY RULING, WITHIN THE MEANING OF ARTICLE 177, NOTIFIED BY A NATIONAL COURT IN ACCORDANCE WITH ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE .
16 AS THE PROHIBITIONS OF ARTICLES 85 ( 1 ) AND 86 TEND BY THEIR VERY NATURE TO PRODUCE DIRECT EFFECTS IN RELATIONS BETWEEN INDIVIDUALS, THESE ARTICLES CREATE DIRECT RIGHTS IN RESPECT OF THE INDIVIDUALS CONCERNED WHICH THE NATIONAL COURTS MUST SAFEGUARD .
19 UNDER THAT ARTICLE THE AUTHORITIES OF THE MEMBER STATES - INCLUDING IN CERTAIN MEMBER STATES COURTS ESPECIALLY ENTRUSTED WITH THE TASK OF APPLYING DOMESTIC LEGISLATION ON COMPETITION OR THAT OF ENSURING THE LEGALITY OF THAT APPLICATION BY THE ADMINISTRATIVE AUTHORITIES - ARE ALSO RENDERED COMPETENT TO APPLY THE PROVISIONS OF ARTICLES 85 AND 86 OF THE TREATY .
20 THE FACT THAT THE EXPRESSION 'AUTHORITIES OF THE MEMBER STATES' APPEARING IN ARTICLE 9 ( 3 ) OF REGULATION NO 17 COVERS SUCH COURTS CANNOT EXEMPT A COURT BEFORE WHICH THE DIRECT EFFECT OF ARTICLE 86 IS PLEADED FROM GIVING JUDGMENT .
Raymond Louwage and Marie-Thérèse Louwage, née Moriame, v Commission of the European Communities.
Date: 1974-01-30
12 ALTHOUGH AN INTERNAL DIRECTIVE HAS NOT THE CHARACTER OF A RULE OF LAW WHICH THE ADMINISTRATION IS ALWAYS BOUND TO OBSERVE, IT NEVERTHELESS SETS FORTH A RULE OF CONDUCT INDICATING THE PRACTICE TO BE FOLLOWED, FROM WHICH THE ADMINISTRATION MAY NOT DEPART WITHOUT GIVING THE REASONS WHICH HAVE LED IT TO DO SO, SINCE OTHERWISE THE PRINCIPLES OF EQUALITY OF TREATMENT WOULD BE INFRINGED .
Hannoversche Zucker AG Rethen-Weetzen v Hauptzollamt Hannover.
Date: 1974-01-30
3 THE NATIONAL COURT INQUIRES BASICALLY WHETHER AN EXCESS WHICH COMES TO LIGHT ON AN OFFICIAL STOCKTAKING AFTER 1 JULY 1968, THE DATE OF THE COMING INTO FORCE OF REGULATION NO 1009/67, AND WHICH AROSE BEFORE THIS DATE, MUST BE ASSIGNED, FOR THE PURPOSE OF THE CALCULATION OF THE PRODUCTION LEVY, TO THE PERIOD BEFORE THE COMMON ORGANIZATION OF THE MARKET IN SUGAR CAME INTO FORCE, OR TO THE FIRST SUGAR MARKETING YEAR UNDER THE SYSTEM OF THIS ORGANIZATION ( 1968/69 ), OR TO THE MARKETING YEAR DURING WHICH IT WAS DISCOVERED .
THE QUESTIONS HAVE BEEN PUT IN CONNEXION WITH LIGITATION BETWEEN A SUGAR PRODUCER AND THE GERMAN CUSTOMS AUTHORITIES RELATING TO THE LEVY ON AN EXCESS OF SOME 310 METRIC TONS WHICH CAME TO LIGHT ON AN OFFICIAL STOCKTAKING CARRIED OUT ON 30 SEPTEMBER 1970, THAT IS FOUR YEARS AFTER THE PREVIOUS STOCKTAKING AND MORE THAN TWO YEARS AFTER THE COMMON ORGANIZATION OF THE MARKET IN SUGAR CAME INTO FORCE .
4 THE REGULATIONS IN FORCE AT THE TIME WERE SILENT IN THIS RESPECT .
THE RULES OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR MUST BE REGARDED AS FORMING A COMPLETE SYSTEM IN THE SENSE THAT IT DOES NOT LEAVE THE MEMBER STATES THE POWER TO FILL SUCH A LACUNA BY RESORTING TO THEIR NATIONAL LAW .
IT IS THUS PROPER TO SEEK A SOLUTION IN THE LIGHT OF THE AIMS AND OBJECTIVES OF THE COMMON ORGANIZATION OF THE MARKET, TAKING ACCOUNT OF CONSIDERATIONS OF A PRACTICAL AND ADMINISTRATIVE NATURE .
Rheinmühlen-Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel.
Date: 1974-02-12
3 THIS QUESTION IS SUBSTANTIALLY THE SAME AS A PRELIMINARY QUESTION PUT IN THE SAME CASE BY THE BUNDESFINANZHOF, WHICH WAS THE SUBJECT OF THE JUDGMENT BY THE COURT GIVEN ON 16 JANUARY 1974 IN CASE 166/73, TO WHICH REFERENCE SHOULD BE MADE .
ACCORDING TO THIS JUDGMENT A RULE OF NATIONAL LAW WHEREBY A COURT IS BOUND ON POINTS OF LAW BY THE RULINGS OF A SUPERIOR COURT CANNOT ON THIS GROUND ALONE DEPRIVE THE INFERIOR COURTS OF THEIR POWER, PROVIDED FOR UNDER ARTICLE 177, TO REFER QUESTIONS TO THE COURT FOR A PRELIMINARY RULING .
HOWEVER, IN THE CASE OF A COURT AGAINST WHOSE DECISIONS THERE IS A JUDICIAL REMEDY UNDER NATIONAL LAW, ARTICLE 177 DOES NOT PRECLUDE A DECISION OF SUCH A COURT REFERRING A QUESTION TO THIS COURT FOR A PRELIMINARY RULING FROM REMAINING SUBJECT TO THE REMEDIES NORMALLY AVAILABLE UNDER NATIONAL LAW .
NEVERTHELESS, IN THE INTERESTS OF CLARITY AND LEGAL CERTAINTY, THIS COURT MUST ABIDE BY THE DECISION TO REFER, WHICH MUST HAVE ITS FULL EFFECT SO LONG AS IT HAS NOT BEEN REVOKED .
ON THE SECOND AND THIRD QUESTIONS