larimo/cjeu-paragraph-retrieval huggingface dataset:
Hauptzollamt Itzehoe v H. J. Repenning GmbH.
Date: 1986-06-12
16 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT THE PRICE ACTUALLY PAID OR PAYABLE , ON WHICH THE TRANSACTION VALUE IS BASED ACCORDING TO ARTICLE 3 ( 1 ) OF COUNCIL REGULATION NO 1224/80 , MUST BE ADJUSTED WHERE THAT IS NECESSARY IN ORDER TO AVOID THE SETTING OF AN ARBITRARY OR FICTITIOUS CUSTOMS VALUE .
18 FOR THE SAME REASONS , WHERE THE GOODS TO BE VALUED WERE BOUGHT FREE OF DEFECT BUT HAVE BEEN DAMAGED BEFORE THEIR RELEASE FOR FREE CIRCULATION THE PRICE ACTUALLY PAID OR PAYABLE MUST BE REDUCED IN PROPORTION TO THE DAMAGE SUFFERED . THAT , MOREOVER , IS THE SOLUTION EXPRESSLY ADOPTED BY COMMISSION REGULATION NO 1580/81 , WHICH CAME INTO FORCE ON 16 JUNE 1981 , SUBSEQUENT TO THE IMPORTATION AT ISSUE IN THE MAIN PROCEEDINGS .
Développement SA and Clemessy v Commission of the European Communities.
Date: 1986-06-24
25 AS TO THE SPECIFIC COMPLAINT THAT THE COMMISSION REFUSED TO GIVE THE APPLICANTS ACCESS TO THE CORRESPONDENCE EXCHANGED BETWEEN ITSELF AND THE SOMALI GOVERNMENT , IT MUST BE BORNE IN MIND , AS THE COURT POINTED OUT IN ITS JUDGMENT OF 10 JULY 1984 IN CASE 126/83 ( STS V COMMISSION ( 1984 ) ECR 2769 ), THAT , ' THE MEASURES ADOPTED BY THE COMMISSION ' S REPRESENTATIVES DURING THAT PROCEDURE , WHETHER APPROVALS OR REFUSALS TO APPROVE , ENDORSEMENTS OR REFUSALS TO ENDORSE , ARE SOLELY INTENDED TO ESTABLISH WHETHER OR NOT THE CONDITIONS FOR COMMUNITY FINANCING ARE MET . THEY ARE NOT INTENDED TO INTERFERE WITH THE PRINCIPLE THAT THE CONTRACTS IN QUESTION REMAIN NATIONAL CONTRACTS WHICH THE ACP STATES ALONE ARE RESPONSIBLE FOR PREPARING , NEGOTIATING AND CONCLUDING , AND THEY CANNOT HAVE THAT EFFECT ' . FURTHERMORE , ' FOR THEIR PART , UNDERTAKINGS WHICH SUBMIT TENDERS FOR OR ARE AWARDED THE CONTRACTS IN QUESTION REMAIN OUTSIDE THE EXCLUSIVE DEALINGS CONDUCTED ON THIS MATTER BETWEEN THE COMMISSION AND THE ACP STATES ' . IT FOLLOWS THAT THE CORRESPONDENCE EXCHANGED BETWEEN THE COMMISSION AND THE SOMALI GOVERNMENT WAS CONCERNED SOLELY WITH THE EXCLUSIVE DEALINGS WHICH ARE CONDUCTED IN THIS AREA BETWEEN THOSE AUTHORITIES , AND THE COMMISSION WAS NOT UNDER A DUTY TO GIVE THIRD PARTIES ACCESS TO IT .
33 IT SHOULD BE NOTED THAT THE PRINCIPLE OF STRICT LIABILITY , AS DESCRIBED BY THE APPLICANTS , IMPLIES THAT AN INDIVIDUAL HAS TO BEAR , IN THE PUBLIC INTEREST , A FINANCIAL BURDEN WHICH WOULD NOT NORMALLY FALL UPON HIM . IN THIS CASE , THE DAMAGE ALLEGEDLY SUSTAINED BY THE APPLICANTS IS MERELY THE RESULT OF THE ORDINARY RISK TAKEN BY ANY TENDERER TAKING PART IN A TENDERING PROCEDURE . ACCORDINGLY , WITHOUT THERE BEING ANY NEED TO CONSIDER WHETHER SUCH A PRINCIPLE OF STRICT LIABILITY EXISTS IN THE COMMUNITY ' S LEGAL SYSTEM , THIS SUBMISSION MUST BE REJECTED .
Jacqueline Drake v Chief Adjudication Officer.
Date: 1986-06-24
21 ACCORDING TO ARTICLE 3 ( 1 ), DIRECTIVE 79/7 APPLIES TO STATUTORY SCHEMES WHICH PROVIDE PROTECTION AGAINST , INTER ALIA , THE RISK OF INVALIDITY ( SUBPARAGRAPH ( A )) AND SOCIAL ASSISTANCE IN SO FAR AS IT IS INTENDED TO SUPPLEMENT OR REPLACE THE INVALIDITY SCHEME ( SUBPARAGRAPH ( B )). IN ORDER TO FALL WITHIN THE SCOPE OF THE DIRECTIVE , THEREFORE , A BENEFIT MUST CONSTITUTE THE WHOLE OR PART OF A STATUTORY SCHEME PROVIDING PROTECTION AGAINST ONE OF THE SPECIFIED RISKS OR A FORM OF SOCIAL ASSISTANCE HAVING THE SAME OBJECTIVE .
Luigi Brugnoni and Roberto Ruffinengo v Cassa di risparmio di Genova e Imperia.
Date: 1986-06-24
21 IT SHOULD BE OBSERVED FIRST OF ALL THAT THE DISPUTE CONCERNS A TRANSACTION FALLING WITHIN LIST B ANNEXED TO THE FIRST DIRECTIVE , WHICH LISTS THE CAPITAL MOVEMENTS WHICH ARE FULLY LIBERALIZED . THE EXTENT OF THAT LIBERALIZATION IS EXPLAINED IN ARTICLE 67 OF THE TREATY , ACCORDING TO WHICH THE FREE MOVEMENT OF CAPITAL IS TO ENTAIL THE ABOLITION OF RESTRICTIONS ON THE MOVEMENT OF CAPITAL BELONGING TO PERSONS RESIDENT IN MEMBER STATES AND ANY DISCRIMINATION BASED ON THE NATIONALITY OR PLACE OF RESIDENCE OF THE PARTIES OR ON THE PLACE WHERE SUCH CAPITAL IS INVESTED .
22 IT FOLLOWS THAT , IN SO FAR AS THE TWO COUNCIL DIRECTIVES FOR THE IMPLEMENTATION OF ARTICLE 67 OF THE TREATY WERE INTENDED TO ENSURE THE COMPLETE LIBERALIZATION OF CERTAIN CAPITAL MOVEMENTS , THEIR PURPOSE INCLUDES THE ELIMINATION OF ADMINISTRATIVE OBSTACLES WHICH , ALTHOUGH NOT TAKING THE FORM OF EXCHANGE AUTHORIZATIONS OR AFFECTING THE ACQUISITION OF FOREIGN SECURITIES , NONE THE LESS CONSTITUTE A HINDRANCE TO ' THE WIDEST LIBERALIZATION '  OF CAPITAL MOVEMENTS , WHICH , ACCORDING TO THE PREAMBLE TO THE FIRST DIRECTIVE , IS NECESSARY FOR THE ATTAINMENT OF THE OBJECTIVES OF THE COMMUNITY .
Nicolet Instrument GmbH v Hauptzollamt Frankfurt am Main - Flughafen.
Date: 1986-06-26
10 ALTHOUGH IT IS TRUE THAT THE COURT HAS CONSISTENTLY HELD THAT THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE REASONS ON WHICH A DECISION IS BASED MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .
Union sidérurgique du Nord et de l'Est de la France (Usinor) SA v Commission of the European Communities.
Date: 1986-07-01
19 IN VIEW OF THOSE ARGUMENTS , CONSIDERATION SHOULD FIRST BE GIVEN TO THE SUBMISSION THAT THERE IS NO ADEQUATE STATEMENT OF THE GROUNDS ON WHICH DECISION NO 5462 IS BASED . SINCE A FUNDAMENTAL ELEMENT OF THAT DECISION IS THE FINDING THAT SSK IS THE SELLING AGENCY FOR LAMINOIRS , WHICH IS A PREREQUISITE IF INFRINGEMENTS COMMITTED BY SSK ARE TO BE IMPUTED TO USINOR , THE COURT SHOULD OF ITS OWN MOTION INQUIRE WHETHER THE STATEMENT OF REASONS IS ADEQUATE IN THAT RESPECT .
21 AN EXAMINATION OF THE REASONS RECITED IN DECISION NO 5462 DISCLOSES THAT THOSE CONDITIONS ARE NOT SATISFIED . THE MATERIAL RECITALS IN THE PREAMBLE TO THAT DECISION MERELY STATE THAT SSK IS ' THE SELLING AGENCY OF LAMINOIRS DE STRASBOURG ' , WITHIN THE MEANING OF THE LEGISLATION DEEMED APPLICABLE . THEY DO NOT , HOWEVER , SET OUT THE CONSIDERATIONS WHICH LED THE COMMISSION TO THAT CONCLUSION AND CONSEQUENTLY DO NOT FURNISH ANY ELEMENT OF FACT OR LAW WHICH MIGHT SUPPORT THAT CONTENTION . THAT APPROACH , WHICH AMOUNTS TO NO MORE THAN A REFERENCE TO THE PROVISIONS OF COMMUNITY LAW , NEITHER ENABLES THE UNDERTAKING TO WHICH THE DECISION IS ADDRESSED TO PREPARE ITS DEFENCE NOR ENABLES THE COURT TO EXERCISE FULLY THE POWERS OF REVIEW CONFERRED ON IT BY THE TREATY .
Gisela Rummler v Dato-Druck GmbH.
Date: 1986-07-01
11 IN REPLYING TO QUESTION ( 1 ), REFERENCE MUST FIRST BE MADE TO THE GENERAL RULE LAID DOWN BY THE FIRST PARAGRAPH OF ARTICLE 1 OF DIRECTIVE 75/117 , WHICH PROVIDES FOR THE ELIMINATION OF ALL DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO ALL ASPECTS AND CONDITIONS OF REMUNERATION FOR THE SAME WORK OR FOR WORK TO WHICH EQUAL VALUE IS ATTRIBUTED .
13 IT FOLLOWS THAT THE PRINCIPLE OF EQUAL PAY REQUIRES ESSENTIALLY THAT THE NATURE OF THE WORK TO BE CARRIED OUT BE CONSIDERED OBJECTIVELY . CONSEQUENTLY , THE SAME WORK OR WORK TO WHICH EQUAL VALUE IS ATTRIBUTED MUST BE REMUNERATED IN THE SAME MANNER WHETHER IT IS CARRIED OUT BY A MAN OR BY A WOMAN . WHERE A JOB CLASSIFICATION SYSTEM IS USED IN DETERMINING REMUNERATION , THAT SYSTEM MUST BE BASED ON CRITERIA WHICH DO NOT DIFFER ACCORDING TO WHETHER THE WORK IS CARRIED OUT BY A MAN OR BY A WOMAN AND MUST NOT BE ORGANIZED , AS A WHOLE , IN SUCH A MANNER THAT IT HAS THE PRACTICAL EFFECT OF DISCRIMINATING GENERALLY AGAINST WORKERS OF ONE SEX .
23 THE DIRECTIVE LAYS DOWN THE PRINCIPLE OF EQUAL PAY FOR EQUAL WORK . IT FOLLOWS THAT THE WORK ACTUALLY CARRIED OUT MUST BE REMUNERATED IN ACCORDANCE WITH ITS NATURE . ANY CRITERION BASED ON VALUES APPROPRIATE ONLY TO WORKERS OF ONE SEX CARRIES WITH IT A RISK OF DISCRIMINATION AND MAY JEOPARDIZE THE MAIN OBJECTIVE OF THE DIRECTIVE , EQUAL TREATMENT FOR THE SAME WORK . THAT IS TRUE EVEN OF A CRITERION BASED ON VALUES CORRESPONDING TO THE AVERAGE PERFORMANCE OF WORKERS OF THE SEX CONSIDERED TO HAVE LESS NATURAL ABILITY FOR THE PURPOSES OF THAT CRITERION , FOR THE RESULT WOULD BE ANOTHER FORM OF PAY DISCRIMINATION : WORK OBJECTIVELY REQUIRING GREATER STRENGTH WOULD BE PAID AT THE SAME RATE AS WORK REQUIRING LESS STRENGTH .
Council of the European Communities v European Parliament.
Date: 1986-07-03
8 THAT ARGUMENT MUST ALSO BE REJECTED . IT IS THE PRESIDENT OF THE PARLIAMENT WHO FORMALLY DECLARES THAT THE BUDGETARY PROCEDURE HAS BEEN BROUGHT TO A CLOSE BY THE FINAL ADOPTION OF THE BUDGET AND THUS ENDOWS THE BUDGET WITH BINDING FORCE VIS-A-VIS THE INSTITUTIONS AND THE MEMBER STATES . IN EXERCISING THAT FUNCTION , THE PRESIDENT OF THE PARLIAMENT INTERVENES BY MEANS OF A SEPARATE LEGAL ACT OF AN OBJECTIVE NATURE AT THE CONCLUSION OF A PROCEDURE CHARACTERIZED BY THE JOINT ACTION OF VARIOUS INSTITUTIONS . HE ADOPTS THAT ACT , NOT AS A DISTINCT AUTHORITY NOT PROVIDED FOR IN THE TREATY , BUT IN HIS CAPACITY AS AN ORGAN OF THE EUROPEAN PARLIAMENT .
12 IT MUST BE OBSERVED THAT UNDER ARTICLE 203 ( 10 ) OF THE EEC TREATY EACH INSTITUTION IS TO EXERCISE THE POWERS CONFERRED UPON IT IN RESPECT OF THE BUDGET WITH DUE REGARD FOR THE PROVISIONS OF THE TREATY . IF IT WERE NOT POSSIBLE TO REFER THE ACTS OF THE BUDGETARY AUTHORITY FOR REVIEW BY THE COURT , THE INSTITUTIONS OF WHICH THAT AUTHORITY IS COMPOSED COULD ENCROACH UPON THE POWERS OF THE MEMBER STATES OR OF THE OTHER INSTITUTIONS OR EXCEED THE LIMITS WHICH HAVE BEEN SET TO THEIR OWN POWERS . THE TREATY DOES NOT , MOREOVER , CONTAIN ANY PROVISION WHICH EXCLUDES THE BRINGING OF THE ACTION FOR ANNULMENT AGAINST ACTS OF A BUDGETARY NATURE .
34 IT SHOULD BE STATED IN THIS RESPECT THAT , ALTHOUGH THE TREATY PROVIDES THAT THE MAXIMUM RATE MUST BE FIXED BY THE COMMISSION ON THE BASIS OF OBJECTIVE FACTORS , NO CRITERION HAS BEEN LAID DOWN FOR THE MODIFICATION OF THAT RATE . ACCORDING TO THE FIFTH SUBPARAGRAPH OF ARTICLE 203 ( 9 ), IT IS SUFFICIENT THAT THE COUNCIL AND THE PARLIAMENT COME TO AN AGREEMENT . IN VIEW OF THE IMPORTANCE OF SUCH AN AGREEMENT , WHICH CONFERS ON THE TWO INSTITUTIONS , ACTING IN CONCERT , THE FREEDOM TO INCREASE THE APPROPRIATIONS IN RESPECT OF NON-COMPULSORY EXPENDITURE IN EXCESS OF THE RATE DECLARED BY THE COMMISSION , THAT AGREEMENT MAY NOT BE INFERRED ON THE BASIS OF THE PRESUMED INTENTION OF ONE OR OTHER OF THOSE INSTITUTIONS .
46 THE EFFECT OF THE ANNULMENT OF THE ACT OF THE PRESIDENT OF THE PARLIAMENT IS TO DEPRIVE THE 1986 BUDGET OF ITS VALIDITY . IT IS THEREFORE NOT NECESSARY TO GIVE A DECISION ON THE COUNCIL ' S CLAIM FOR THE TOTAL ANNULMENT OF THE BUDGET .
47 IT IS FOR THE COUNCIL AND THE PARLIAMENT TO TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS JUDGMENT AND TO RESUME THE BUDGETARY PROCEDURE AT THE VERY POINT AT WHICH THE PARLIAMENT , AT ITS SECOND READING , INCREASED THE APPROPRIATIONS IN RESPECT OF NON-COMPULSORY EXPENDITURE BEYOND THE MAXIMUM RATE OF INCREASE FIXED BY THE COMMISSION AND WITHOUT HAVING COME TO AN AGREEMENT WITH THE COUNCIL ON THE FIGURE FOR A NEW RATE .
Hans-Dieter and Ute Kerrutt v Finanzamt Mönchengladbach - Mitte.
Date: 1986-07-08
12 IT MUST BE NOTED IN THE FIRST PLACE THAT BOTH THE PROVISIONS PROVIDING FOR EXEMPTIONS USE THE SAME EXPRESSION , NAMELY ' THE SUPPLY OF BUILDINGS OR PARTS THEREOF AND THE LAND ON WHICH THEY STAND ' . THEIR APPLICABILITY IN A CASE SUCH AS THAT WHICH IS THE SUBJECT OF THE MAIN PROCEEDINGS THEREFORE DEPENDS ON WHETHER THE SUPPLIES OF GOODS AND SERVICES IN QUESTION FOR THE CONSTRUCTION OF A BUILDING , TOGETHER WITH THE LAND TRANSACTION , CONSTITUTE A SINGLE PROPERTY TRANSACTION WHICH MAY BE REGARDED AS FALLING WITHIN THE SCOPE OF THE EXPRESSION ' SUPPLY OF BUILDINGS . . . AND THE LAND ON WHICH THEY STAND '  BECAUSE OF THE ECONOMIC CONNECTION BETWEEN THE PARTIAL TRANSACTIONS CONCERNED AND THEIR COMMON AIM , WHICH IS THE CONSTRUCTION OF THE BUILDING ON THE LAND PURCHASED .
15 THOSE CONSIDERATIONS LEAD TO THE CONCLUSION THAT IN THIS CASE SUPPLIES OF GOODS AND THE SERVICES OF CONTRACTORS AND BUILDING WORKERS UNDER A SCHEME SUCH AS THE ' BAUHERRENMODELL ' , WHICH ARE TRANSACTIONS LEGALLY SEPARATE FROM THE LAND TRANSACTION WHICH WAS COMPLETED WITH ANOTHER CONTRACTOR , CANNOT BE REGARDED AS FORMING , TOGETHER WITH THAT TRANSACTION , A UNITY CAPABLE OF BEING CLASSIFIED AS A SINGLE ' SUPPLY OF BUILDINGS OR PARTS OF BUILDINGS AND THE LAND ON WHICH THEY STAND ' .
17 SECONDLY , WITH REGARD TO THE POSSIBILITY OF EXEMPTION UNDER ARTICLE 28 ( 3 ) ( B ) IN CONJUNCTION WITH POINT 16 OF ANNEX F IT MUST BE CONCEDED THAT UNDER THAT TRANSITIONAL PROVISION MEMBER STATES MAY ' CONTINUE TO EXEMPT '  NEW CONSTRUCTIONS ' UNDER CONDITIONS EXISTING IN THE MEMBER STATE CONCERNED ' . HOWEVER , ITS WORDING PRECLUDES THE INTRODUCTION OF NEW EXEMPTIONS OR THE EXTENSION OF THE SCOPE OF EXISTING EXEMPTIONS AFTER THE DATE OF THE ENTRY INTO FORCE OF THE DIRECTIVE . A POSSIBLE EXTENSION OF TRANSFER TAX AFTER THE IMPLEMENTATION OF THE DIRECTIVE , EVEN IF DERIVED FROM THE DECISIONS OF THE COURTS , CANNOT THEREFORE AFFECT THE SCOPE OF THE EXEMPTION FROM TURNOVER TAX .
22 THE ARGUMENT PUT FORWARD BY THE FEDERAL GOVERNMENT AND THE COMMISSION MUST BE ACCEPTED . ARTICLE 33 OF THE SIXTH DIRECTIVE STATES CLEARLY THAT ' WITHOUT PREJUDICE TO OTHER COMMUNITY PROVISIONS , THE PROVISIONS OF THIS DIRECTIVE SHALL NOT PREVENT A MEMBER STATE FROM MAINTAINING OR INTRODUCING . . . STAMP DUTIES AND , MORE GENERALLY , ANY TAXES , DUTIES OR CHARGES WHICH CANNOT BE CHARACTERIZED AS TURNOVER TAXES ' . SINCE COMMUNITY LAW AS IT NOW STANDS DOES NOT CONTAIN ANY SPECIFIC PROVISION EXCLUDING OR LIMITING THE POWER OF MEMBER STATES TO INTRODUCE TAXES ON TRANSFERS AND TRANSACTIONS OTHER THAN TURNOVER TAXES , AND THUS PERMITS CONCURRENT SYSTEMS OF TAXATION , IT MUST BE CONCLUDED THAT SUCH TAXES MAY BE LEVIED EVEN WHERE , AS IN THIS CASE , CHARGING THEM ON A TRANSACTION WHICH IS ALREADY SUBJECT TO VAT MAY RESULT IN THE DOUBLE TAXATION OF THAT TRANSACTION .
Commission of the European Communities v Italian Republic.
Date: 1986-07-10
14 THE PARTIES ARE THUS AT ISSUE ON THE SCOPE OF THE AFORESAID NATIONAL PROVISIONS AND IN PARTICULAR ON THE QUESTION WHETHER UNDER THOSE PROVISIONS RIGHTS OF EMPLOYEES AND FORMER EMPLOYEES UNDER SUPPLEMENTARY PENSION SCHEMES ARE TO BE REGARDED IN ALL CASES AS RIGHTS ARISING FROM THE EMPLOYMENT RELATIONSHIP AND , AS SUCH , ARE TRANSFERRED IN THEIR ENTIRETY FROM THE TRANSFEROR TO THE TRANSFEREE IN ACCORDANCE WITH THE REQUIREMENTS OF THE SECOND SUBPARAGRAPH OF ARTICLE 3 ( 3 ) OF THE DIRECTIVE . THE ANSWER TO THAT QUESTION DEPENDS ON HOW THOSE PROVISIONS HAVE BEEN APPLIED IN PRACTICE , IN PARTICULAR BY THE NATIONAL COURTS . THE ITALIAN GOVERNMENT HAS CITED SEVERAL CASES . THE COMMISSION , ON THE OTHER HAND , HAS SUBMITTED NO EVIDENCE TO JUSTIFY ITS DOUBTS AND IN PARTICULAR HAS NOT CITED ANY CASE-LAW TO SUPPORT ITS VIEWS OR REFERRED TO ANY SPECIFIC INSTANCE IN WHICH EMPLOYEES '  RIGHTS HAVE NOT BEEN FULLY SAFEGUARDED TO THE EXTENT PRESCRIBED BY THE DIRECTIVE .
20 WITH REGARD TO THOSE OBSERVATIONS IT MUST BE REMEMBERED THAT , AS THE COURT HELD IN ITS JUDGMENT OF 30 JANUARY 1985 IN CASE 143/83 ( COMMISSION V DENMARK ( 1985 ) ECR 427 ), IT IS TRUE THAT THE MEMBER STATES MAY LEAVE THE IMPLEMENTATION OF THE SOCIAL POLICY OBJECTIVES PURSUED BY A DIRECTIVE IN THIS AREA IN THE FIRST INSTANCE TO MANAGEMENT AND LABOUR . THAT POSSIBILITY DOES NOT , HOWEVER , DISCHARGE THEM FROM THE OBLIGATION OF ENSURING THAT ALL WORKERS IN THE COMMUNITY ARE AFFORDED THE FULL PROTECTION PROVIDED FOR IN THE DIRECTIVE . THE STATE GUARANTEE MUST COVER ALL CASES WHERE EFFECTIVE PROTECTION IS NOT ENSURED BY OTHER MEANS .
Assunta Licata v Economic and Social Committee.
Date: 1986-07-10
31 AS REGARDS THE THIRD SUBMISSION , THERE IS NO DOUBT THAT THE AMENDING DECISION CREATES A GROUND FOR THE CURTAILMENT OF THE TERM OF OFFICE OF A MEMBER OF THE STAFF COMMITTEE WHICH DID NOT EXIST WHEN MRS LICATA WAS ELECTED . HOWEVER , AS A MATTER OF PRINCIPLE , NEW RULES APPLY IMMEDIATELY TO THE FUTURE EFFECTS OF A SITUATION WHICH AROSE UNDER THE OLD RULE . THE APPLICATION OF THE AMENDING DECISION TO THE REMAINDER OF MRS LICATA ' S TERM OF OFFICE DOES NOT THEREFORE CONSTITUTE A BREACH OF THE PRINCIPLE THAT MEASURES MUST NOT BE RETROACTIVE .
Kingdom of Belgium v Commission of the European Communities.
Date: 1986-07-10
13 AN APPROPRIATE WAY OF ESTABLISHING WHETHER SUCH A MEASURE IS A STATE AID IS TO APPLY THE CRITERION , WHICH WAS MENTIONED IN THE COMMISSION ' S DECISION AND , MOREOVER , WAS NOT CONTESTED BY THE BELGIAN GOVERNMENT , OF DETERMINING TO WHAT EXTENT THE UNDERTAKING WOULD BE ABLE TO OBTAIN THE SUMS IN QUESTION ON THE PRIVATE CAPITAL MARKETS . IN THE CASE OF AN UNDERTAKING WHOSE CAPITAL IS ALMOST ENTIRELY HELD BY THE PUBLIC AUTHORITIES , THE TEST IS , IN PARTICULAR , WHETHER IN SIMILAR CIRCUMSTANCES A PRIVATE SHAREHOLDER , HAVING REGARD TO THE FORESEEABILITY OF OBTAINING A RETURN AND LEAVING ASIDE ALL SOCIAL , REGIONAL-POLICY AND SECTORAL CONSIDERATIONS , WOULD HAVE SUBSCRIBED THE CAPITAL IN QUESTION .
28 IN THAT CONNECTION , IT IS APPROPRIATE TO STRESS THAT , AS THE COURT HELD IN PARTICULAR IN ITS JUDGMENT OF 13 FEBRUARY 1979 IN CASE 85/76 HOFFMANN-LA ROCHE V COMMISSION ( 1979 ) ECR 461 , OBSERVANCE OF THE RIGHT TO BE HEARD IS , IN ALL PROCEEDINGS INITIATED AGAINST A PERSON WHICH ARE LIABLE TO CULMINATE IN A MEASURE ADVERSELY AFFECTING THAT PERSON , A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH MUST BE GUARANTEED EVEN IN THE ABSENCE OF ANY RULES GOVERNING THE PROCEDURE IN QUESTION . THE COURT HAS CONSISTENTLY HELD THAT , IN ORDER TO RESPECT THE PRINCIPLE OF THE RIGHT TO BE HEARD , THE PERSON AGAINST WHOM AN ADMINISTRATIVE PROCEDURE HAS BEEN INITIATED MUST HAVE BEEN AFFORDED THE OPPORTUNITY , DURING THAT PROCEDURE , TO MAKE KNOWN HIS VIEWS ON THE TRUTH AND RELEVANCE OF THE FACTS AND CIRCUMSTANCES ALLEGED AND ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS CLAIM THAT THERE HAS BEEN AN INFRINGEMENT OF COMMUNITY LAW .
M. E. S. Luijten v Raad van Arbeid.
Date: 1986-07-10
12 IT MUST BE BORNE IN MIND THAT , ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , THE AIM OF THE PROVISIONS OF TITLE II OF REGULATIONS NOS 3/58 AND 1408/71 , WHICH DETERMINE THE LEGISLATION APPLICABLE TO WORKERS MOVING WITHIN THE COMMUNITY , IS TO ENSURE THAT THE PERSONS CONCERNED SHALL BE SUBJECT TO THE SOCIAL SECURITY SCHEME OF ONLY ONE MEMBER STATE , IN ORDER TO PREVENT MORE THAN ONE NATIONAL LEGISLATIVE SYSTEM FROM BEING APPLICABLE AND TO AVOID THE COMPLICATIONS WHICH MAY RESULT FROM THAT SITUATION .
13 THAT PRINCIPLE , WHICH WAS APPLIED BY THE COURT IN RELATION TO REGULATION NO 3/58 , IS EXPRESSED IN TITLE II ( ' DETERMINATION OF THE LEGISLATION APPLICABLE ' ) OF REGULATION NO 1408/71 , WHICH PROVIDES IN ARTICLE 13 ( 1 ), AS AMENDED BY REGULATION NO 1390/81 , THAT ' PERSONS TO WHOM THIS REGULATION APPLIES SHALL BE SUBJECT TO THE LEGISLATION OF A SINGLE MEMBER STATE ONLY '  AND THAT THAT LEGISLATION ' SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE ' .
14 THE PROVISIONS OF TITLE II CONSTITUTE A COMPLETE SYSTEM OF CONFLICT RULES THE EFFECT OF WHICH IS TO DIVEST THE LEGISLATURE OF EACH MEMBER STATE OF THE POWER TO DETERMINE THE AMBIT AND THE CONDITIONS FOR THE APPLICATION OF ITS NATIONAL LEGISLATION SO FAR AS THE PERSONS WHO ARE SUBJECT THERETO AND THE TERRITORY WITHIN WHICH THE PROVISIONS OF NATIONAL LAW TAKE EFFECT ARE CONCERNED . AS THE COURT POINTED OUT IN ITS JUDGMENTS OF 23 SEPTEMBER 1982 IN CASE 267/81 ( KUIJPERS , CITED ABOVE ), AND CASE 275/81 ( KOCKS ( 1982 ) ECR 3013 ), ' THE MEMBER STATES ARE ( NOT ) ENTITLED TO DETERMINE THE EXTENT TO WHICH THEIR OWN LEGISLATION OR THAT OF ANOTHER MEMBER STATE IS APPLICABLE '  SINCE THEY ARE ' UNDER AN OBLIGATION TO COMPLY WITH THE PROVISIONS OF COMMUNITY LAW IN FORCE '  ( SEE THE JUDGMENT OF 12 JUNE 1986 IN CASE 302/84 TEN HOLDER ( 1986 ) ECR 1821 ).
Roger Wybot v Edgar Faure and others.
Date: 1986-07-10
12 IT MUST BE POINTED OUT IN THAT REGARD THAT ARTICLE 10 EXPRESSLY REFERS TO THE CONCEPT OF A SESSION OF THE EUROPEAN PARLIAMENT . IT FOLLOWS THAT TO REFER TO NATIONAL LAW IN ORDER TO INTERPRET THAT CONCEPT WOULD BE INCOMPATIBLE NOT ONLY WITH THE WORDING OF THE PROTOCOL BUT ALSO WITH THE VERY OBJECTIVE OF THAT PROVISION , WHICH IS INTENDED TO ENSURE IMMUNITY FOR THE SAME PERIOD FOR ALL MEMBERS OF THE EUROPEAN PARLIAMENT , WHATEVER THEIR NATIONALITY .
Commission of the European Communities v Federal Republic of Germany.
Date: 1986-09-18
12 AS THE COURT HAS POINTED OUT ON A NUMBER OF OCCASIONS , IT IS ONE OF THE FUNDAMENTAL CHARACTERISTICS OF A COMMON ORGANIZATION OF THE MARKET THAT IN THE SECTORS CONCERNED THE MEMBER STATES CAN NO LONGER TAKE ACTION THROUGH NATIONAL PROVISIONS ADOPTED UNILATERALLY ( SEE IN PARTICULAR THE JUDGMENT OF 29 JUNE 1978 IN CASE 154/77 , PROCUREUR DU ROI V DECHMANN , ( 1978 ) ECR 1573 ). THEIR LEGISLATIVE COMPETENCE CAN ONLY BE RESIDUAL ; IT IS LIMITED TO SITUATIONS WHICH ARE NOT GOVERNED BY THE COMMUNITY RULES AND TO CASES WHERE THOSE RULES EXPRESSLY GIVE THEM POWER TO ACT .
Frigen Ammann and others v Council of the European Communities.
Date: 1986-09-30
19 IT MUST BE BORNE IN MIND THAT IN ANY EVENT AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY WHERE THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . IN THIS CASE , A DEBT OF A CERTAIN OR ASCERTAINABLE AMOUNT CAME INTO BEING ONLY WITH THE ENTRY INTO FORCE OF REGULATION NO 3139/82 .
20 THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION . NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . ALTHOUGH IN ITS AFORESAID JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 THE COURT HELD THAT THE COUNCIL MUST , IN THE EXERCISE OF ITS DISCRETION , TAKE CERTAIN FACTORS INTO CONSIDERATION , IT DID NOT , CONTRARY TO THE APPLICANTS '  ASSERTION , EITHER DETERMINE THE AMOUNTS WHICH WERE ACTUALLY PAYABLE TO OFFICIALS AND OTHER SERVANTS PURSUANT TO ARTICLE 65 OF THE STAFF REGULATIONS OR ESTABLISH THE OBJECTIVE CRITERIA ENABLING THOSE AMOUNTS TO BE DETERMINED SUFFICIENTLY PRECISELY .
Suzanne Culmsee and others v Economic and Social Committee.
Date: 1986-09-30
19 IT MUST BE BORNE IN MIND THAT IN ANY EVENT AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY WHERE THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . IN THIS CASE , A DEBT OF A CERTAIN OR ASCERTAINABLE AMOUNT CAME INTO BEING ONLY WITH THE ENTRY INTO FORCE OF REGULATION NO 3139/82 .
20 THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION . NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . ALTHOUGH IN ITS AFORESAID JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 THE COURT HELD THAT THE COUNCIL MUST , IN THE EXERCISE OF ITS DISCRETION , TAKE CERTAIN FACTORS INTO CONSIDERATION , IT DID NOT , CONTRARY TO THE APPLICANTS '  ASSERTION , EITHER DETERMINE THE MAOUNTS WHICH WERE ACTUALLY PAYABLE TO OFFICIALS AND OTHER SERVANTS PURSUANT TO ARTICLE 65 OF THE STAFF REGULATIONS OR ESTABLISH THE OBJECTIVE CRITERIA ENABLING THOSE AMOUNTS TO BE DETERMINED SUFFICIENTLY PRECISELY .