larimo/cjeu-paragraph-retrieval huggingface dataset:
Mr. and Mrs. F. v Belgian State.
Date: 1975-06-17
16 IT APPEARS FROM THIS PROVISION READ IN CONJUNCTION WITH ARTICLE 2 ( 1 ) THAT IN THE FRAMEWORK OF THE MATTERS COVERED BY THE REGULATION AND IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY, THE MEMBERS OF AN EMPLOYED PERSON'S FAMILY MUST BE ALLOWED THE BENEFIT OF THE LEGISLATION OF THE STATE OF THEIR RESIDENCE UNDER THE SAME CONDITIONS AS THE NATIONALS OF THAT STATE .
Berthold Küster v European Parliament.
Date: 1975-06-19
13 ACCORDING TO THE ENGLISH VERSION OF THE VACANCY NOTICE IN QUESTION, AMONGST THE CONDITIONS FOR APPOINTMENT TO THE POST IT IS STATED THAT 'FOR PRACTICAL REASONS, A THOROUGH KNOWLEDGE OF ENGLISH IS REQUIRED '.
16 WHILST THE STAFF REGULATIONS PROHIBIT THE RESERVING OF A POST FOR NATIONALS OF A SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY NEVERTHELESS MAKE ITS SELECTION, WHEN RECRUITING AN OFFICIAL, DEPENDANT UPON SPECIFIC KNOWLEDGE REQUIRED IN THE INTERESTS OF THE SERVICE .
17 IN THE PRESENT CASE THE SPECIAL NATURE OF THE TASKS DEVOLVING ON THE SECRETARIATS OF THE PARLIAMENTARY COMMITTEES WHICH HAVE THE TASK OF ASSISTING THE MEMBERS OF THESE COMMITTEES IN THEIR WORK, MAY JUSTIFY A RECRUITMENT BASED INTER ALIA ON A THOROUGH KNOWLEDGE OF THE NATIONAL LANGUAGES USED BY SUCH MEMBERS BELONGING TO THE NATIONAL PARLIAMENTS OF THE MEMBER STATES .
Commission of the European Communities v Council of the European Communities.
Date: 1975-06-26
20 BY ITS DECISION OF 20 AND 21 MARCH 1972 THE COUNCIL INTENDED FOR THE IMPLEMENTATION OF ARTICLE 65 TO BIND ITSELF FOR A DEFINITE PERIOD TO OBSERVE FIXED CRITERIA, IN PARTICULAR BY UNDERTAKING TO FIX THE INCREASE IN SALARIES IN RELATION TO THE INCREASE IN THE PURCHASING POWER OF NATIONAL SALARIES WITHIN THE BRACKET FORMED BY THE TWO ABOVEMENTIONED INDICES .
21 THIS SYSTEM WAS RECOGNIZED BY THE COURT OF JUSTICE IN ITS JUDGMENT OF 5 JUNE 1973 IN CASE 81/72 COMMISSION V COUNCIL ( 1973 ) ECR 575 AS CONSTITUTING A LEGAL METHOD OF THE EXERCISE BY THE COUNCIL OF THE DISCRETION WHICH ARTICLE 65 GIVES IT AND AS COMMITTING THE INSTITUTION FOR THE PERIOD WHICH IT HAS LAID DOWN .
22 THE COMMISSION IS THEREFORE RIGHT IN MAINTAINING THAT THE COUNCIL CANNOT, TO ESCAPE THIS OBLIGATION, PLEAD THIS DISCRETION, THE EXERCISE OF WHICH IT HAS ITSELF DETERMINED .
Procureur Général at the Cour d'Appel Bordeaux v Robert Jean Arnaud and others.
Date: 1975-09-30
13 HOWEVER, A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION WOULD NOT BE PERMISSIBLE AS A NATIONAL MEASURE OF CONTROL IF ITS APPLICATION COULD PUT AT A DISADVANTAGE WINES FROM OTHER MEMBER STATES AND THEREFORE CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION, WHICH IS PROHIBITED BY ARTICLE 30 OF THE EEC TREATY AND ARTICLE 31 ( 1 ) ( B ) OF REGULATION NO 816/70 .
Anita Cristini v Société nationale des chemins de fer français.
Date: 1975-09-30
12 IN THESE CIRCUMSTANCES THE REFERENCE TO 'SOCIAL ADVANTAGES' IN ARTICLE 7 ( 2 ) CANNOT BE INTERPRETED RESTRICTIVELY .
13 IT THEREFORE FOLLOWS THAT, IN VIEW OF THE EQUALITY OF TREATMENT WHICH THE PROVISION SEEKS TO ACHIEVE, THE SUBSTANTIVE AREA OF APPLICATION MUST BE DELINEATED SO AS TO INCLUDE ALL SOCIAL AND TAX ADVANTAGES, WHETHER OR NOT ATTACHED TO THE CONTRACT OF EMPLOYMENT, SUCH AS REDUCTIONS IN FARES FOR LARGE FAMILIES .
19 ACCORDINGLY THE ANSWER TO THE QUESTION SHOULD BE THAT ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL MUST BE INTERPRETED AS MEANING THAT THE SOCIAL ADVANTAGES REFERRED TO BY THAT PROVISION INCLUDE FARES REDUCTION CARDS ISSUED BY A NATIONAL RAILWAY AUTHORITY TO LARGE FAMILIES AND THAT THIS APPLIES, EVEN IF THE SAID ADVANTAGE IS ONLY SOUGHT AFTER THE WORKER'S DEATH, TO THE BENEFIT OF HIS FAMILY REMAINING IN THE SAME MEMBER STATE .
Francine Deboeck v Commission of the European Communities.
Date: 1975-10-16
29 SINCE A CHANGE OF CATEGORY WAS INVOLVED AND A COMPETITION WAS CONSEQUENTLY INDISPENSABLE, THE COMMISSION ENJOYED A WIDE DISCRETION IN DECIDING UPON THE CRITERIA OF ABILITY REQUIRED FOR THE NEWLY-CREATED POST AND, CONSEQUENTLY, IN DECIDING UPON THE RULES OF THE COMPETITION IN VIEW OF THESE CRITERIA AND IN THE INTERESTS OF THE SERVICE .
Teresa and Silvana Petroni v Office national des pensions pour travailleurs salariés (ONPTS), Bruxelles.
Date: 1975-10-21
13 THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF, AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT, WORKERS WERE TO LOSE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM IN ANY EVENT BY THE LAWS OF A SINGLE MEMBER STATE .
16 THE AGGREGATION AND APPORTIONMENT CANNOT THEREFORE BE CARRIED OUT IF THEIR EFFECT IS TO DIMINISH THE BENEFITS WHICH THE PERSON CONCERNED MAY CLAIM BY VIRTUE OF THE LAWS OF A SINGLE MEMBER STATE ON THE BASIS SOLELY OF THE INSURANCE PERIODS COMPLETED UNDER THOSE LAWS, ALWAYS PROVIDED THAT THIS METHOD CANNOT LEAD TO A DUPLICATION OF BENEFITS FOR ONE AND THE SAME PERIOD .
21 HOWEVER, A LIMITATION ON THE OVERLAPPING OF BENEFITS WHICH WOULD LEAD TO A DIMINUTION OF THE RIGHTS WHICH THE PERSONS CONCERNED ALREADY ENJOY IN A MEMBER STATE BY VIRTUE OF THE APPLICATION OF THE NATIONAL LEGISLATION ALONE IS INCOMPATIBLE WITH ARTICLE 51 .
Martin Meyer-Burckhardt v Commission of the European Communities.
Date: 1975-10-22
10 ALTHOUGH THE ACTION FOR ANNULMENT AND THE ACTION FOR DAMAGES ARE INDEED DISTINCT TYPES OF ACTION, IT IS NONE THE LESS THE CASE THAT, WITHIN THE CONTEXT OF DISPUTES BETWEEN OFFICIALS AND THE INSTITUTIONS, ARTICLES 90 AND 91 OF THE STAFF REGULATIONS MAKE NO DISTINCTION BETWEEN THEM AS REGARDS BOTH THE ADMINISTRATIVE AND THE CONTENTIOUS PROCEDURES TO WHICH THEY MAY GIVE RISE .
IN THIS CONNEXION IT IS OF SIGNIFICANCE THAT BOTH ARTICLE 178 OF THE TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS REFRAIN FROM DEFINING THE NATURE OF THE ACTION AVAILABLE IN THE EVENT OF REJECTION OF A COMPLAINT THROUGH ADMINISTRATIVE CHANNELS .
ACCORDING TO ARTICLE 91, IN PROCEEDINGS RELATING TO THE LEGALITY OF AN ACT ADVERSELY AFFECTING THE APPLICANT, THE COURT HAS JURISDICTION, WHATEVER THE NATURE OF THE ACTION .
Matisa-Maschinen GmbH v Hauptzollamt Berlin-Packhof.
Date: 1975-10-23
3 THE MACHINE IN QUESTION IS DESCRIBED BY THE ORDER AS A VEHICLE RUNNING ON RAILS INTENDED FOR THE MAINTENANCE OF RAILWAYS AND USED FOR TAMPING OR RAMMING DOWN UNDER THE SLEEPERS THE BEDDING MATERIALS ON WHICH THE RAILWAY-TRACKS ARE LAID AND FOR STRAIGHTENING THE RAILWAY LINES; IT CONSISTS OF A ROOFED RAILWAY TRACK CHASSIS EQUIPPED WITH MACHINERY NECESSARY TO EXECUTE THE WORKS FOR WHICH IT WAS DESIGNED, IN PARTICULAR FOR TAMPING BOXES, EACH WITH TWO PAIRS OF TAMPERS, TRACK LIFTING, TRACK SHIFTING AND LEVELLING DEVICES, WHILE THE DIESEL ENGINE NOT ONLY DRIVES THE WORKING MACHINERY AND PROPELS THE VEHICLE DURING ITS WORK, BUT ALSO ENABLES IT TO MOVE ABOUT RAPIDLY FROM PLACE TO PLACE AT SPEEDS OF UP TO 80 KM PER HOUR IN BOTH FORWARD AND REVERSE DIRECTIONS .
ALTHOUGH THE COURT IN RULING UNDER ARTICLE 177 DOES NOT HAVE JURISDICTION TO APPLY THE COMMUNITY RULE TO A SPECIFIC CASE, IT MAY HOWEVER SUPPLY THE NATIONAL COURTS WITH THE PRINCIPLES OF INTERPRETATION RELATING TO COMMUNITY LAW WHICH MAY BE USEFUL IN THE APPLICATION OF THIS RULE .
Roland Rutili v Ministre de l'intérieur.
Date: 1975-10-28
26 BY VIRTUE OF THE RESERVATION CONTAINED IN ARTICLE 48 ( 3 ), MEMBER STATES CONTINUE TO BE, IN PRINCIPLE, FREE TO DETERMINE THE REQUIREMENTS OF PUBLIC POLICY IN THE LIGHT OF THEIR NATIONAL NEEDS .
27 NEVERTHELESS, THE CONCEPT OF PUBLIC POLICY MUST, IN THE COMMUNITY CONTEXT AND WHERE, IN PARTICULAR, IT IS USED AS A JUSTIFICATION FOR DEROGATING FROM THE FUNDAMENTAL PRINCIPLES OF EQUALITY OF TREATMENT AND FREEDOM OF MOVEMENT FOR WORKERS, BE INTERPRETED STRICTLY, SO THAT ITS SCOPE CANNOT BE DETERMINED UNILATERALLY BY EACH MEMBER STATE WITHOUT BEING SUBJECT TO CONTROL BY THE INSTITUTIONS OF THE COMMUNITY .
28 ACCORDINGLY, RESTRICTIONS CANNOT BE IMPOSED ON THE RIGHT OF A NATIONAL OF ANY MEMBER STATE TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE, TO STAY THERE AND TO MOVE WITHIN IT UNLESS HIS PRESENCE OR CONDUCT CONSTITUTES A GENUINE AND SUFFICIENTLY SERIOUS THREAT TO PUBLIC POLICY .
Giuliano Marenco and others v Commission of the European Communities.
Date: 1975-10-29
21 A DECISION TO HAVE RECOURSE TO ARTICLE 29 ( 2 ) MADE DURING THE COURSE OF A RECRUITMENT PROCEDURE WHICH HAS BEEN INITIATED NEED NOT NECESSARILY BE TAKEN WHEN THE VACANCY NOTICES ARE PUBLISHED AND NEED NOT BE PUBLISHED IN THE OFFICIAL JOURNAL .
23 RECOURSE TO ARTICLE 29 ( 2 ) IS NOT SUBJECT TO ANY CONDITION AS TO PUBLICATION BUT ONLY TO THE CIRCUMSTANCE THAT THE RECRUITMENT IS OF GRADE A 1 OR A 2 OFFICIALS OR TO 'POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS '.
Berthold Küster v European Parliament.
Date: 1975-10-29
13 WHILST THE STAFF REGULATIONS PROHIBIT THE RESERVING OF POSTS FOR NATIONALS OF ANY SPECIFIC MEMBER STATE, THE APPOINTING AUTHORITY MAY NEVERTHELESS MAKE ITS SELECTION, WHEN RECRUITING AN OFFICIAL, DEPENDENT UPON SPECIFIC LINGUISTIC ABILITIES REQUIRED IN THE INTERESTS OF THE SERVICE .
14 IN THE PRESENT CASE THE SPECIAL NATURE OF THE TASKS DEVOLVING ON THE SECRETARIATS OF THE PARLIAMENTARY COMMITTEES WHICH HAVE THE TASK OF ASSISTING THE MEMBERS OF THESE COMMITTEES IN THEIR WORK, MAY JUSTIFY A RECRUITMENT BASED INTER ALIA ON A THOROUGH KNOWLEDGE OF ONE OF THE NATIONAL LANGUAGES USED BY SUCH MEMBERS, WHO COME FROM THE NATIONAL PARLIAMENTS OF THE MEMBER STATES .
17 BESIDES, IN LAYING DOWN THE CONDITION IN QUESTION THE VACANCY NOTICE IN DISPUTE DOES NOT INTEND TO REFER TO SO THOROUGH A KNOWLEDGE THAT ONLY OFFICIALS WHOSE MOTHER TONGUE IS ENGLISH CAN POSSESS IT BUT ALLOWS IT TO BE CLEARLY UNDERSTOOD, BY SPECIFIC REFERENCE TO 'PRACTICAL REASONS' WHICH JUSTIFY SUCH A CONDITION'S BEING IMPOSED, THAT THE LEVEL OF LINGUISTIC KNOWLEDGE REQUIRED IS ONE APPROPRIATE TO THE ACTUAL REQUIREMENTS OF THE SERVICE .
Rey Soda v Cassa Conguaglio Zucchero.
Date: 1975-10-30
10 WHEN ARTICLE 155 OF THE TREATY PROVIDES THAT 'THE COMMISSION SHALL EXERCISE THE POWERS CONFERRED ON IT BY THE COUNCIL FOR THE IMPLEMENTATION OF THE RULES LAID DOWN BY THE LATTER', IT FOLLOWS FROM THE CONTEXT OF THE TREATY IN WHICH IT MUST BE PLACED AND ALSO FROM PRACTICAL REQUIREMENTS THAT THE CONCEPT OF IMPLEMENTATION MUST BE GIVEN A WIDE INTERPRETATION .
11 SINCE THE COMMISSION ALONE IS ABLE CONTINUALLY TO FOLLOW WITH ATTENTION TRENDS ON THE AGRICULTURAL MARKETS AND TO ACT WITH URGENCY AS THE SITUATION REQUIRES, THE COUNCIL MAY BE LED IN THE SPHERE OF THE COMMON AGRICULTURAL POLICY, TO CONFER ON THE COMMISSION WIDE POWERS OF DISCRETION AND ACTION .
13 THE POWERS ENTRUSTED TO THE COMMISSION UNDER ARTICLE 37 ( 2 ) OF THE BASIC REGULATION MUST BE ADOPTED UNDER THE SO-CALLED 'MANAGEMENT COMMITTEE' PROCEDURE, A MECHANISM WHICH ALLOWS THE COUNCIL TO GIVE THE COMMISSION AN APPRECIABLY WIDE POWER OF IMPLEMENTATION WHILST RESERVING WHERE NECESSARY ITS OWN RIGHT TO INTERVENE .
51 IT IS FIRST OF ALL FOR THE NATIONAL AUTHORITIES TO DRAW THE CONSEQUENCES IN THEIR LEGAL SYSTEM OF THE DECLARATION OF SUCH INVALIDITY MADE UNDER ARTICLE 177 OF THE EEC TREATY .
THE OTHER QUESTIONS
General Motors Continental NV v Commission of the European Communities.
Date: 1975-11-13
12 SUCH AN ABUSE MIGHT LIE, INTER ALIA, IN THE IMPOSITION OF A PRICE WHICH IS EXCESSIVE IN RELATION TO THE ECONOMIC VALUE OF THE SERVICE PROVIDED, AND WHICH HAS THE EFFECT OF CURBING PARALLEL IMPORTS BY NEUTRALIZING THE POSSIBLY MORE FAVOURABLE LEVEL OF PRICES APPLYING IN OTHER SALES AREAS IN THE COMMUNITY, OR BY LEADING TO UNFAIR TRADE IN THE SENSE OF ARTICLE 86 ( 2 ) ( A ).
Douaneagent der NV Nederlandse Spoorwegen v Inspecteur der invoerrechten en accijnzen.
Date: 1975-11-19
25 WHEN, FURTHERMORE, SUCH AN INTERPRETATION REFLECTS THE GENERAL PRACTICE FOLLOWED BY THE CONTRACTING STATES, IT CAN BE SET ASIDE ONLY IF IT APPEARS INCOMPATIBLE WITH THE WORDING OF THE HEADING CONCERNED OR GOES MANIFESTLY BEYOND THE DISCRETION CONFERRED ON THE CUSTOMS COOPERATION COUNCIL .
Groupement des fabricants de papiers peints de Belgique and others v Commission of the European Communities.
Date: 1975-11-26
31 ALTHOUGH A DECISION WHICH FITS INTO A WELL-ESTABLISHED LINE OF DECISIONS MAY BE REASONED IN A SUMMARY MANNER, FOR EXAMPLE BY A REFERENCE TO THOSE DECISIONS, IF IT GOES APPRECIABLY FURTHER THAN THE PREVIOUS DECISIONS, THE COMMISSION MUST GIVE AN ACCOUNT OF ITS REASONING .
Mario Costacurta v Commission of the European Communities.
Date: 1975-12-04
10 THE TASK OF THE SELECTION BOARD CONSISTS OF AT LEAST TWO SEPARATE STAGES, THE FIRST BEING AN EXAMINATION OF THE APPLICATIONS IN ORDER TO SELECT THE CANDIDATES ADMITTED TO THE COMPETITION AND THE SECOND BEING AN EXAMINATION OF THE ABILITIES OF THE CANDIDATES FOR THE POSTS TO BE FILLED IN ORDER TO DRAW UP A LIST OF SUITABLE CANDIDATES .
11 WHILST THE SECOND STAGE CONSISTS MAINLY OF COMPARISON, AND IS ACCORDINGLY COVERED BY THE SECRECY INHERENT IN THE TASK OF A SELECTION BOARD, THE FIRST, PARTICULARLY WHERE THE COMPETITION IS BASED ON FORMAL QUALIFICATIONS, ENTAILS THE MATCHING OF THE QUALIFICATIONS OFFERED BY THE CANDIDATES AGAINST THE QUALIFICATIONS REQUIRED BY THE NOTICE OF COMPETITION .
Procureur Général at the Cour d'Appel Lyon v Henri Mommessin and others.
Date: 1975-12-09
36 IT MUST BE CONCLUDED FROM THIS THAT UNTIL MORE APPROPRIATE METHODS HAVE BEEN WORKED OUT, THE COMMUNITY RULES IN THE WINE SECTOR DO NOT PROHIBIT MEMBER STATES FROM USING THE 100* METHOD TO MEASURE THE DRY EXTRACT OF WINE IN ORDER TO APPLY A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION BASED ON THE PROPORTION OF ALCOHOL TO DRY EXTRACT .
Union nationale des coopératives agricoles de céréales and others v Commission and Council of the European Communities.
Date: 1975-12-10
6 IN CASES 95 TO 97/74 AND 100/75, AND PARTLY IN CASE 98/74, THE EXPORT CERTIFICATES HAD BEEN OBTAINED BY THIRD PARTIES BEFORE THE CHANGE IN THE SYSTEM OF COMPENSATORY AMOUNTS OR BEFORE THE DATE OF ITS APPLICATION BUT THE EXTRACTS OF THE SAID CERTIFICATES WERE ONLY FORWARDED TO THE APPLICANTS AT A LATER DATE .
43 IN OPTING ON 30 MARCH 1973 IN FAVOUR OF THE EXPORT OF COMMUNITY BARLEY, BY APPLYING FOR A CERTIFICATE OF EXCEPTIONAL DURATION WITH ADVANCE FIXING OF THE AMOUNT OF THE REFUND, THE APPLICANT, AS A PRUDENT EXPORTER MADE A COMMERCIAL CHOICE BASED ON THE STATE OF THE MARKET WITH ALL THE RISKS INHERENT IN SUCH A CHOICE .
44 AMONGST THE RISKS WHICH COULD BE FORESEEN ON 30 MARCH OR AT THE LATEST ON 20 APRIL, THIS BEING THE DATE OF THE ISSUE OF THE CERTIFICATE AND A DATE ON WHICH IT COULD STILL HAVE WITHDRAWN ITS APPLICATION, THERE WAS THE PROBABILITY OF A CHANGE IN THE METHOD OF CALCULATING THE COMPENSATORY AMOUNTS .
45 EVEN IF IT WAS NOT CERTAIN THAT THE CHANGE SUGGESTED BY THE COMMISSION WOULD BE ADOPTED BY THE COUNCIL, IT OUGHT ON THOSE DATES AT LEAST TO HAVE BEEN CLEAR TO AN EXPERIENCED TRADER THAT THE INTRODUCTION OF A NEW METHOD OF CALCULATION WAS IMMINENT .
Balkan-Import Export GmbH v Hauptzollamt Berlin-Packhof.
Date: 1976-01-22
8 AS THE EVALUATION OF A COMPLEX ECONOMIC SITUATION IS INVOLVED , THE COMMISSION AND THE MANAGEMENT COMMITTEE ENJOY , IN THIS RESPECT , A WIDE MEASURE OF DISCRETION . IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .
14 ALTHOUGH ARTICLE 2 OF REGULATION NO 974/71 OF THE COUNCIL , BY SPECIFYING THE METHOD OF CALCULATING THE COMPENSATORY AMOUNTS , DETERMINES THE AMOUNTS WHICH CANNOT BE EXCEEDED , IT DOES NOT FOLLOW THAT THE COMMISSION COULD NOT UNDERTAKE TO APPLY LOWER AMOUNTS OR TO GRANT NEGOTIATED EXEMPTIONS IN RESPECT OF CERTAIN THIRD COUNTRIES AND FOR REASONS RELATING TO THE EXERCISE OF OTHER POWERS WHICH IT HOLDS UNDER THE TREATY . IN THE TREATY THERE EXISTS NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO THIRD COUNTRIES EQUAL TREATMENT IN ALL RESPECTS AND IN ANY EVENT TRADERS DO NOT HAVE THE RIGHT TO RELY ON THE EXISTENCE OF SUCH A GENERAL PRINCIPLE .
Pubblico Ministero v Flavia Manghera and others.
Date: 1976-02-03
4 UNDER ARTICLE 37 ( 1 ) MEMBER STATES MUST PROGRESSIVELY ADJUST ANY STATE MONOPOLIES OF A COMMERCIAL CHARACTER SO AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN THE NATIONALS OF MEMBER STATES .
5 WITHOUT REQUIRING THE ABOLITION OF THE SAID MONOPOLIES , THIS PROVISION PRESCRIBES IN MANDATORY TERMS THAT THEY MUST BE ADJUSTED IN SUCH A WAY AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED SUCH DISCRIMINATION SHALL CEASE TO EXIST .
9 IT FOLLOWS FROM THESE PROVISIONS AND THEIR STRUCTURE THAT THE OBLIGATION LAID DOWN IN PARAGRAPH ( 1 ) AIMS AT ENSURING COMPLIANCE WITH THE FUNDAMENTAL RULE OF THE FREE MOVEMENT OF GOODS THROUGHOUT THE COMMON MARKET , IN PARTICULARY BY THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT IN TRADE BETWEEN MEMBER STATES .
10 THIS OBJECTIVE WOULD NOT BE ATTAINED IF , IN A MEMBER STATE WHERE A COMMERCIAL MONOPOLY EXISTS , THE FREE MOVEMENT OF GOODS FROM OTHER MEMBER STATES SIMILAR TO THOSE WITH WHICH THE NATIONAL MONOPOLY IS CONCERNED WERE NOT ENSURED .
12 THE EXCLUSIVE RIGHT TO IMPORT MANUFACTURED PRODUCTS OF THE MONOPOLY IN QUESTION THUS CONSTITUTES , IN RESPECT OF COMMUNITY EXPORTERS , DISCRIMINATION PROHIBITED BY ARTICLE 37 ( 1 ).
Conceria Daniele Bresciani v Amministrazione Italiana delle Finanze.
Date: 1976-02-05
10 NOR , IN DETERMINING THE EFFECTS OF THE DUTY ON THE FREE MOVEMENT OF GOODS , IS IT OF ANY IMPORTANCE THAT A DUTY OF THE TYPE AT ISSUE IS PROPORTIONATE TO THE COSTS OF A COMPULSORY PUBLIC HEALTH INSPECTION CARRIED OUT ON ENTRY OF THE GOODS . THE ACTIVITY OF THE ADMINISTRATION OF THE STATE INTENDED TO MAINTAIN A PUBLIC HEALTH INSPECTION SYSTEM IMPOSED IN THE GENERAL INTEREST CANNOT BE REGARDED AS A SERVICE RENDERED TO THE IMPORTER SUCH AS TO JUSTIFY THE IMPOSITION OF A PECUNIARY CHARGE . IF , ACCORDINGLY , PUBLIC HEALTH INSPECTIONS ARE STILL JUSTIFIED AT THE END OF THE TRANSITIONAL PERIOD , THE COSTS WHICH THEY OCCASION MUST BY MET BY THE GENERAL PUBLIC WHICH , AS A WHOLE , BENEFITS FROM THE FREE MOVEMENT OF COMMUNITY GOODS .
21 ARTICLE 61 OF THE CONVENTION PROVIDES THAT THE COMMUNITY AND THE MEMBER STATES SHALL UNDERTAKE THE OBLIGATIONS SET OUT IN ARTICLES 2 , 5 AND 11 EVEN WITH RESPECT TO ASSOCIATED STATES WHICH , ON THE GROUNDS OF INTERNATIONAL OBLIGATIONS APPLYING AT THE TIME OF THE ENTRY INTO FORCE OF THE EEC TREATY AND SUBJECTING THEM TO A PARTICULAR CUSTOMS TREATMENT , MAY CONSIDER THEMSELVES NOT YET ABLE TO OFFER THE COMMUNITY THE RECIPROCITY PROVIDED FOR BY ARTICLE 3 ( 2 ) OF THE CONVENTION .
23 THIS IMBALANCE BETWEEN THE OBLIGATIONS ASSUMED BY THE COMMUNITY TOWARDS THE ASSOCIATED STATES , WHICH IS INHERENT IN THE SPECIAL NATURE OF THE CONVENTION , DOES NOT PREVENT RECOGNITION BY THE COMMUNITY THAT SOME OF ITS PROVISIONS HAVE A DIRECT EFFECT .
Hauptzollamt Göttingen and Bundesfinanzminister v Wolfgang Miritz GmbH & Co.
Date: 1976-02-17
5 SINCE THE STRUCTURE AND CHARACTER OF THE EQUALIZATION CHARGE LINK IT TO THE SYSTEM OF THE GERMAN ALCOHOL MONOPOLY , THE ANSWER TO THE FIRST QUESTION MUST BE ASCERTAINED FROM THE TEXT OF ARTICLE 37 , WHICH DEALS SPECIFICALLY WITH THE ADJUSTMENT OF STATE MONOPOLIES .
Giovanni Balsamo v Institut national d'assurance maladie-invalidité.
Date: 1976-03-09
9 THAT PROVISION WAS LAID DOWN WITH THE AIM OF SIMPLIFYING ADMINISTRATION IN ORDER TO EXEMPT MIGRANT WORKERS , WHO HAVE RIGHTS TO ASSERT IN DIFFERENT MEMBER STATES , FROM THE REQUIREMENT TO LODGE WITH THE INSTITUTIONS IN EACH OF THESE STATES AN APPLICATION FOR THE GRANT OF THE BENEFITS WHICH THEY MAY CLAIM .
Impresa Costruzioni comm. Quirino Mazzalai v Ferrovia del Renon.
Date: 1976-05-20
7 ATTENDU QU ' AUX TERMES DE L ' ARTICLE 177 LA COUR EST COMPETENTE POUR STATUER , A TITRE PREJUDICIEL , SUR L ' INTERPRETATION DES ACTES PRIS PAR LES INSTITUTIONS DE LA COMMUNAUTE , INDEPENDAMMENT DU FAIT QU ' ILS SOIENT DIRECTEMENT APPLICABLES OU NON ;
10 QUE , D ' AILLEURS , INDEPENDAMMENT DES EFFETS DE LA DIRECTIVE , DANS DES CAS TELS QUE CELUI D ' ESPECE , UNE INTERPRETATION DE LA DIRECTIVE PEUT ETRE UTILE AU JUGE NATIONAL AFIN D ' ASSURER A LA LOI PRISE POUR L ' APPLICATION DE CELLE-CI UNE INTERPRETATION ET APPLICATION CONFORMES AUX EXIGENCES DU DROIT COMMUNAUTAIRE ( HAAGA , AFFAIRE 32-74 , RECUEIL 1974 , P . 1201 ) ;
Société Roquette frères v Commission of the European Communities.
Date: 1976-05-21
11 DISPUTES IN CONNEXION WITH THE REIMBURSEMENT OF AMOUNTS COLLECTED FOR THE COMMUNITY ARE THUS A MATTER FOR THE NATIONAL COURTS AND MUST BE SETTLED BY THEM UNDER NATIONAL LAW IN SO FAR AS NO PROVISIONS OF COMMUNITY LAW ARE RELEVANT .
12 IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW ON THIS POINT , IT IS CURRENTLY FOR THE NATIONAL AUTHORITIES , IN THE CASE OF REIMBURSEMENT OF DUES IMPROPERLY COLLECTED , TO SETTLE ALL ANCILLARY QUESTIONS RELATING TO SUCH REIMBURSEMENT , SUCH AS ANY PAYMENT OF INTEREST .
22 EVEN SUPPOSING THAT THE FACT THAT REGULATION NO 218/74 OF THE COMMISSION IS NOT IN ACCORDANCE WITH THE BASIC REGULATIONS OF THE COUNCIL , AS WAS FOUND BY THE COURT IN ITS JUDGMENT OF 12 NOVEMBER 1974 , WERE CAPABLE OF RENDERING THE COMMUNITY LIABLE , IT WOULD STILL BE THE CASE THAT THE APPLICANT HAS FAILED TO PROVE THE DAMAGE WHICH IT CLAIMS TO HAVE SUFFERED .
23 ALTHOUGH THE COURT EXPRESSLY REQUESTED THE APPLICANT TO SUPPLEMENT THE PARTICULARS OF ITS CLAIM IN THIS RESPECT , THE LATTER MERELY PRODUCED OVERALL FIGURES THE INTERPRETATION OF WHICH IS DOUBTFUL AND IT FAILED TO PROVE ANY ACTUAL DAMAGE WHICH IT HAS SPECIFICALLY SUFFERED IN THE COURSE OF ITS BUSINESS OR A CAUSAL CONNEXION BETWEEN THIS DAMAGE AND THE MEASURES ADOPTED BY THE COMMISSION .
24 THE FACT THAT THE APPLICANT HAS REDUCED ITS CLAIM TO NOMINAL DAMAGES DOES NOT RELIEVE IT OF PROVIDING CONCLUSIVE PROOF OF THE DAMAGE SUFFERED .
Walter Th. Aulich v Bundesversicherungsanstalt für Angestellte.
Date: 1976-05-26
7 ARTICLE 27 FORMS PART OF CHAPTER I OF TITLE III OF THE REGULATION WHICH COMPRISES SPECIAL PROVISIONS RELATING TO SICKNESS AND MATERNITY BENEFITS . ARTICLE 27 CAN , THEREFORE , REFER ONLY TO SICKNESS OR MATERNITY BENEFITS AFTER MATERIALIZATION OF THE RISK INSURED AGAINST . SINCE A BENEFIT OF THE TYPE OF THE ALLOWANCE TOWARDS THE CONTRIBUTION IN DISPUTE IS NOT GRANTED AFTER MATERIALIZATION OF THE RISK DESIGNATED BY THE PERSON ENTITLED , IT CANNOT BE LIMITED OR AFFECTED BY ARTICLE 27 OF REGULATION NO 1408/71 . A DISTINCTION MUST , IN FACT , BE DRAWN BETWEEN THE CONTRIBUTION AND THE BENEFIT : THE FIRST GOVERNS ACQUISITION OF THE RIGHT , THE SECOND ASSUMES THAT THE RIGHT EXISTS . THUS ALLOWANCES , TO THE EXTENT TO WHICH THEY REPRESENT A SHARE IN THE CONTRIBUTION TO SICKNESS INSURANCE , CANNOT CONSTITUTE BENEFITS FROM THAT INSURANCE .
Kurt Kampffmeyer Mühlenvereinigung KG and others v Commission and Council of the European Communities.
Date: 1976-06-02
13 SINCE THE MATTER DEALS WITH A LEGISLATIVE ACT INVOLVING CHOICES OF ECONOMIC POLICY , THERE IS NO LIABILITY ON THE PART OF THE COMMUNITY FOR DAMAGE WHICH INDIVIDUALS MAY HAVE SUFFERED BY REASON OF THIS ACT , BEARING IN MIND THE PROVISIONS OF ARTICLE 215 , SECOND PARAGRAPH , OF THE TREATY , UNLESS THERE IS A SUFFICIENTLY FLAGRANT INFRINGEMENT OF A SUPERIOR RULE OF LAW PROTECTING THE INDIVIDUAL .

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 ENSURING 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 . BY TEMPORARILY GIVING PRIORITY TO SOME OF THE OBJECTIVES OF ARTICLE 39 , AS COMPARED WITH THE MAINTENANCE OF ESTABLISHED POSITIONS , THE INSTITUTIONS DID NOT INFRINGE THE PROVISIONS OF THE TREATY CITED BUT HAVE EXERCISED THEIR POWERS IN THE CONTEXT OF A COMMON AGRICULTURAL POLICY IN A SUCCESSFUL WAY FOR THE POLICY HAS CONTRIBUTED TO A CONSIDERABLE LOCAL INCREASE IN THE PRODUCTION OF DURUM WHEAT .