larimo/cjeu-paragraph-retrieval huggingface dataset:
Jean-Louis Pennartz v Caisse primaire d'assurance maladie des Alpes-Maritimes.
Date: 1979-07-11
8 ARTICLE 18 ( 1 ) SHOULD NOT BE INTERPRETED AS MERELY DETERMINING THE LEGISLATION APPLICABLE FOR FIXING THE REFERENCE PERIOD FOR THE AVERAGE WAGE WITHOUT AFFECTING IN ANY WAY THE DETERMINATION OF THE REMUNERATION TO BE TAKEN INTO CONSIDERATION IN CALCULATING THE PENSION . APART FROM THE FACT THAT SUCH AN INTERPRETATION IS CONTRARY TO THE VERY WORDING OF THAT PROVISION , IT WOULD DEPRIVE IT OF ALL PRACTICAL PURPOSE SINCE THE LEGISLATION APPLICABLE HAS ALREADY BEEN SETTLED BY ARTICLES 12 TO 15 IN HEAD II OF THE REGULATION IN QUESTION .
9 ON THE OTHER HAND IT IS CLEAR FROM BOTH THE WORDING AND THE OBJECTIVES OF ARTICLE 18 ( 1 ) THAT THAT PROVISION IS INTENDED TO ESTABLISH , WHERE , UNDER THE LEGISLATION OF ONE MEMBER STATE , THE BASIC WAGE EMPLOYED IN CALCULATING CASH BENEFITS IS THE AVERAGE WAGE OVER A GIVEN PERIOD , THE REMUNERATION OF WHICH THE COMPETENT INSTITUTION MUST TAKE ACCOUNT IN ORDER TO DETERMINE THAT WAGE AND IT PROVIDES FOR THAT PURPOSE THAT THE REMUNERATION TO BE TAKEN INTO CONSIDERATION IS THE WAGE ' ' OBTAINED ' '  DURING THE PERIODS OF WORK COMPLETED UNDER THE LEGISLATION OF SUCH STATE .
Harald List v Commission of the European Communities.
Date: 1979-07-12
13 CONTRARY TO WHAT THE APPLICANT ALLEGES THESE MEASURES CANNOT BE REGARDED AS CONSTITUTING A BREACH OF THE OBLIGATION TO PROVIDE ASSISTANCE SET OUT IN THE     FIRST PARAGRAPH OF ARTICLE 24 OF THE STAFF REGULATIONS . QUITE APART FROM THE QUESTION OF WHO BEARS RESPONSIBILITY FOR THE INCIDENT ON 15 JUNE 1977 , WHICH IT IS NOT NECESSARY FOR THE COURT TO DECIDE IN THESE PROCEEDINGS , IT SHOULD BE OBSERVED THAT IT WAS FOR THE APPLICANT , WHO HAD BEEN GIVEN THE TASK OF CO-ORDINATION , TO ENSURE THAT RELATIONS COMPATIBLE WITH THE PROPER RUNNING OF THE SERVICE WERE MAINTAINED WITHIN HIS WORKING GROUP . ONCE IT BECAME CLEARLY IMPOSSIBLE TO SMOOTH OUT THE DIFFERENCES WHICH HAD ARISEN BETWEEN THE APPLICANT AND HIS FIVE COLLEAGUES THE DEFENDANT INSTITUTION WAS ENTITLED TO TAKE ANY APPROPRIATE STEPS IN ORDER TO RESTORE A PEACEABLE ATMOSPHERE IN THE DEPARTMENT IN QUESTION . THE STEPS TAKEN BY THE ADMINISTRATION NAMELY , FIRST , IN GIVING RESPONSIBILITY FOR CO-ORDINATION WHICH HAD BEEN CARRIED OUT BY THE APPLICANT TO HIS SUPERIOR AND SECONDLY IN PLACING THE APPLICANT AT THE DISPOSAL OF A DEPARTMENT WHERE A REVISER WITH THE APPLICANT ' S QUALIFICATIONS WAS REQUIRED , CONSTITUTE A REASONABLE REACTION TO THE SITUATION RESULTING FROM THE DETERIORATION OF WORKING RELATIONSHIPS IN THE TRANSLATION GROUP IN QUESTION . THE MEASURES WERE THUS ADOPTED IN THE INTEREST OF THE SERVICE AND THERE IS NOTHING TO SHOW THAT THE WAY IN WHICH THEY WERE ADOPTED DETRIMENTALLY AFFECTED THE APPLICANT ' S INTERESTS AS AN OFFICIAL . IN THOSE CIRCUMSTANCES THE CLAIM FOR A DECLARATION THAT THE INSTITUTION FAILED TO FULFIL ITS OBLIGATION UNDER THE FIRST PARAGRAPH OF ARTICLE 24 OF THE STAFF REGULATIONS MUST BE DISMISSED .
Government of the Italian Republic v Council of the European Communities.
Date: 1979-07-12
6 THIS PLEA OF INADMISSIBILITY CANNOT BE UPHELD . THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY CONFERS ON EVERY MEMBER STATE THE RIGHT TO CHALLENGE , BY AN APPLICATION FOR ANNULMENT , THE LEGALITY OF EVERY COUNCIL REGULATION , WITHOUT THE EXERCISE OF THIS RIGHT BEING CONDITIONAL UPON THE POSITIONS TAKEN UP BY THE REPRESENTATIVES OF THE MEMBER STATES OF WHICH THE COUNCIL IS COMPOSED WHEN THE REGULATION IN QUESTION WAS ADOPTED .

SUBSTANCE
THE STATEMENTS OF THE REASONS UPON WHICH THE REGULATIONS AT ISSUE ARE BASED
14 IN ORDER TO WEIGH THE ARGUMENTS PUT FORWARD BY THE PARTIES IT SHOULD IN THE FIRST INSTANCE BE PLACED ON RECORD THAT IT IS AN IMPLICATION OF THE OBJECTIVE OF THE COMMUNTIY REGULATION AT ISSUE , WHICH IS TO ENSURE THAT THE ORGANIZATION OF THE MARKET MAKES PROPER ALLOWANCE FOR THE BALANCE BETWEEN THE COMPETING PRODUCTS , THAT THE COUNCIL HAS TO ASSESS A COMPLEX ECONOMIC SITUATION . ALTHOUGH SOME OF THE CONSTITUENT ELEMENTS OF THIS SITUATION MAY BE ASCERTAINED IN ACCORDANCE WITH OBJECTIVE CRITERIA , SUCH , FOR EXAMPLE , AS THE PRICES OF RAW MATERIALS WHICH ARE DETERMINED BY THE ACTUAL ORGANIZATION OF THE MARKET IN CEREALS , THERE ARE OTHERS WHICH ARE MORE DIFFICULT TO APPREHEND WITH ANY ACCURACY . THIS APPLIES ESPECIALLY TO PRODUCTION COSTS IN AN INDUSTRY SUCH AS THE ONE IN THIS CASE , THE DISTINGUISHING FEATURE OF WHICH IS THE EXISTENCE OF A LARGE NUMBER OF UNDERTAKINGS OF DIFFERENT SIZE AND ECONOMIC STRUCTURE AND SITUATED IN DIFFERENT MEMBER STATES . IN SUCH CIRCUMSTANCES THE DISCRETION WHICH THE COUNCIL HAS WHEN IT ASSESSES A COMPLEX ECONOMIC SITUATION IS NOT ONLY EXERCISABLE IN RELATION TO THE NATURE AND SCOPE OF THE PROVISIONS WHICH ARE TO BE ADOPTED BUT ALSO , TO A CERTAIN EXTENT , TO THE FINDINGS AS TO THE BASIC FACTS , ESPECIALLY IN THIS SENSE THAT THE COUNCIL IS FREE TO BASE ITS ASSESSMENT , IF NECESSARY , ON FINDINGS OF A GENERAL NATURE .
Criminal proceedings against Adriano Grosoli.
Date: 1979-07-12
3 WITHIN THE FRAMEWORK OF PROCEEDINGS BROUGHT UNDER ARTICLE 177 OF THE TREATY , IT IS NOT FOR THE COURT TO GIVE A RULING ON THE COMPATIBILITY OF RULES OF INTERNAL LAW WITH THE PROVISIONS OF COMMUNITY LAW . ON THE OTHER HAND , THE COURT HAS JURISDICTION TO SUPPLY THE NATIONAL COURT WITH ALL THE CRITERIA FOR INTERPRETATION COMING WITHIN COMMUNITY LAW SO AS TO ENABLE THAT COURT TO DETERMINE WHETHER SUCH RULES ARE COMPATIBLE WITH COMMUNITY RULES .
Caisse régionale d'assurance maladie de Lille (CRAM) v Diamante Palermo, née Toia.
Date: 1979-07-12
8 THE FACT THAT A MEMBER STATE HAS MENTIONED SUCH AN ALLOWANCE IN ITS DECLARATION MUST BE ACCEPTED AS PROOF THAT THE BENEFITS CONCERNED ARE SOCIAL SECURITY BENEFITS WITHIN THE MEANING OF REGULATION NO 1408/71 .
12 IN THIS REGARD , IT MUST BE OBSERVED THAT THE RULES ON EQUALITY OF TREATMENT , LAID DOWN BY ARTICLE 3 ( 1 ) OF THE REGULATION , PROHIBIT NOT ONLY PATENT DISCRIMINATION , BASED ON THE NATIONALITY OF THE BENEFICIARIES OF SOCIAL SECURITY SCHEMES , BUT ALSO ALL DISGUISED FORMS OF DISCRIMINATION WHICH , BY THE APPLICATION OF OTHER DISTINGUISHING CRITERIA , LEAD IN FACT TO THE SAME RESULT .
Union laitière normande, a group of agricultural co-operatives v French Dairy Farmers Limited.
Date: 1979-07-12
5 . DOES THE COMBINED EFFECT OF THE BRITISH NATIONAL MEASURES BASED ON REASONS OF PROTECTION OF HEALTH AND ON THE APPLICATION OF THE NATIONAL WEIGHTS AND MEASURES LEGISLATION CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES SUCH AS ARE PROHIBITED BY ARTICLE 36 OF THE TREATY?
' '
5 BEFORE PROCEEDING TO EXAMINE THE QUESTIONS WHICH HAVE BEEN REFERRED TO THE COURT FOR A PRELIMINARY RULING , IT SHOULD BE NOTED THAT , WHILST ARTICLE 177 OF THE TREATY DOES NOT PERMIT THE COURT TO EVALUATE THE GROUNDS FOR MAKING THE REFERENCE , THE NEED TO AFFORD A HELPFUL INTERPRETATION OF COMMUNITY LAW MAKES IT ESSENTIAL TO DEFINE THE LEGAL CONTEXT IN WHICH THE INTERPRETATION REQUESTED SHOULD BE PLACED .
Marianne Wörsdorfer, née Koschniske, v Raad van Arbeid.
Date: 1979-07-12
6 HOWEVER , THE NEED FOR A UNIFORM INTERPRETATION OF COMMUNITY REGULATIONS MAKES IT IMPOSSIBLE FOR THAT PASSAGE TO BE CONSIDERED IN ISOLATION AND REQUIRES THAT IT SHOULD BE INTERPRETED AND APPLIED IN THE LIGHT OF THE VERSIONS EXISTING IN THE OTHER OFFICIAL LANGUAGES .
Commission of the European Communities v French Republic.
Date: 1979-09-25
3 THE AMENDED CONCLUSIONS SUBMITTED BY THE COMMISSION DURING THE HEARING ARE INADMISSIBLE INASMUCH AS THEY DO NOT COMPLY WITH THE PROVISIONS OF ARTICLE 38 OF THE RULES OF PROCEDURE . AS PROVIDED FOR IN THAT PROVISION THE PARTIES ARE TO STATE THE SUBJECT-MATTER OF THE DISPUTE IN THE DOCUMENT INSTITUTING THE PROCEEDINGS . EVEN THOUGH ARTICLE 42 OF THE RULES OF PROCEDURE ALLOWS FRESH ISSUES TO BE RAISED IN CERTAIN CIRCUMSTANCES A PARTY MAY NOT ALTER THE ACTUAL SUBJECT-MATTER OF THE DISPUTE DURING THE PROCEEDINGS . CONSEQUENTLY THE SUBSTANCE OF THE APPLICATION MUST BE EXAMINED SOLELY WITH REFERENCE TO THE CONCLUSIONS CONTAINED IN THE APPLICATION INSTITUTING THE PROCEEDINGS , THAT IS TO SAY TO THOSE CLAIMS RELATING TO THE PERIOD SUBSEQUENT TO 1 JANUARY 1978 .
9 THE FRENCH REPUBLIC CANNOT JUSTIFY THE EXISTENCE OF SUCH A SYSTEM WITH THE ARGUMENT THAT THE UNITED KINGDOM , FOR ITS PART , HAS MAINTAINED A NATIONAL ORGANIZATION OF THE MARKET IN THE SAME SECTOR . IF THE FRENCH REPUBLIC IS OF THE OPINION THAT THAT SYSTEM CONTAINS FEATURES WHICH ARE INCOMPATIBLE WITH COMMUNITY LAW IT HAS THE OPPORTUNITY TO TAKE ACTION , EITHER WITHIN THE COUNCIL , OR THROUGH THE COMMISSION , OR FINALLY BY RECOURSE TO JUDICIAL REMEDIES WITH A VIEW TO ACHIEVING THE ELIMINATION OF SUCH INCOMPATIBLE FEATURES . A MEMBER STATE CANNOT UNDER ANY CIRCUMSTANCES UNILATERALLY ADOPT , ON ITS OWN AUTHORITY , CORRECTIVE MEASURES OR MEASURES TO PROTECT TRADE DESIGNED TO PREVENT ANY FAILURE ON THE PART OF ANOTHER MEMBER STATE TO COMPLY WITH THE RULES LAID DOWN BY THE TREATY .
SpA Eridania-Zuccherifici nazionali and SpA Società Italiana per l'Industria degli Zuccheri v Minister of Agriculture and Forestry, Minister for Industry, Trade and Craft Trades, and SpA Zuccherifici Meridionali.
Date: 1979-09-27
18 DISCRIMINATION WITHIN THE MEANING OF ARTICLE 40 OF THE TREATY CANNOT OCCUR IF INEQUALITY IN THE TREATMENT OF UNDERTAKINGS CORRESPONDS TO AN INEQUALITY IN THE SITUATIONS OF SUCH UNDERTAKINGS . IT IS COMMONLY ACCEPTED THAT THE SITUATION IN THE BEET AND SUGAR SECTORS IN ITALY DIFFERS APPRECIABLY FROM THAT IN THE OTHER MEMBER STATES . THE SPECIAL SITUATION OF ITALY REFERRED TO IN THE PREAMBLES TO REGULATIONS NOS 3330/74 AND 3331/74 HAS OCCASIONED SPECIAL MEASURES INTENDED TO IMPROVE THE STRUCTURE OF THE ECONOMY IN THE BEET AND SUGAR SECTORS IN ITALY AS A WHOLE . IN CERTAIN RESPECTS THE ITALIAN UNDERTAKINGS ENJOY MORE FAVOURABLE ARRANGEMENTS THAN UNDERTAKINGS IN THE OTHER MEMBER STATES , FOR EXAMPLE WITH REGARD TO THE SYSTEM OF AIDS ; IN OTHER RESPECTS CERTAIN ITALIAN UNDERTAKINGS SUFFER THE DISADVANTAGES OF THE SPECIAL SITUATION OF ITALY , FOR EXAMPLE IN THE CASE OF THE REDUCTION IN THEIR BASIC QUOTAS IN     FAVOUR OF AN INCREASE IN THE BASIC QUOTAS OF OTHER UNDERTAKINGS ON THE BASIS OF THE RESTRUCTURING PLANS .
22 IT FOLLOWS THAT AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET AND WHICH IT ENJOYED AT A GIVEN TIME . IN THOSE CIRCUMSTANCES A REDUCTION IN SUCH AN ADVANTAGE CANNOT BE CONSIDERED AS CONSTITUTING AN INFRINGEMENT OF A FUNDAMENTAL RIGHT .
31 THE AUTHORITIES WHICH HAVE POWER TO ALTER THE BASIC QUOTAS MUST , IN ORDER TO OBSERVE THE GENERAL PRINCIPLES OF COMMUNITY LAW WHICH ARE BINDING ON ALL AUTHORITIES ENTRUSTED WITH THE IMPLEMENTATION OF COMMUNITY PROVISIONS , RENCONCILE PROTECTION OF THE INTERESTS OF BEET AND CANE PRODUCERS WITH OTHER LAWFUL INTERESTS WHICH MAY BE AFFECTED . IN FACT ARTICLE 39 OF THE TREATY , WHICH FIXES THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY , EXPRESSES THE DESIRE NOT ONLY TO ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY BUT ALSO TO INCREASE AGRICULTURAL PRODUCTIVITY , STABILIZE MARKETS , ASSURE THE AVAILABILITY OF SUPPLIES AND ENSURE THAT SUPPLIES REACH CONSUMERS AT REASONABLE PRICES .
34 THE FACT THAT A REGULATION IS DIRECTLY APPLICABLE DOES NOT PREVENT THE PROVISIONS OF THAT REGULATION FROM EMPOWERING A COMMUNITY INSTITUTION OR A MEMBER STATE TO TAKE IMPLEMENTING MEASURES . IN THE LATTER CASE THE DETAILED RULES FOR THE EXERCISE OF THAT POWER ARE GOVERNED BY THE PUBLIC LAW OF THE MEMBER STATE IN QUESTION ; HOWEVER , THE DIRECT APPLICABILITY OF THE MEASURE EMPOWERING THE MEMBER STATE TO TAKE THE NATIONAL MEASURES IN QUESTION WILL MEAN THAT THE NATIONAL COURTS MAY ASCERTAIN WHETHER SUCH NATIONAL MEASURES ARE IN ACCORDANCE WITH THE CONTENT OF THE COMMUNITY REGULATION .
P. Dumortier frères SA and others v Council of the European Communities.
Date: 1979-10-04
21 IN THE CASE OF CERTAIN OTHER APPLICANTS THE FURTHER DAMAGE ALLEGED IS OF A DIFFERENT NATURE . TWO UNDERTAKINGS WERE FORCED TO CLOSE THEIR FACTORIES AND A THIRD HAD TO COMMENCE INSOLVENCY PROCEEDINGS . THE COUNCIL ARGUED THAT THE ORIGIN OF THE DIFFICULTIES EXPERIENCED BY THOSE UNDERTAKINGS IS TO BE FOUND IN THE CIRCUMSTANCES PECULIAR TO EACH OF THEM , SUCH AS THE OBSOLESCENCE OF THEIR PLANT AND MANAGERIAL OR FINANCIAL PROBLEM . THE DATA SUPPLIED BY THE PARTIES ON THAT QUESTION IN THE COURSE OF THE PROCEEDINGS ARE NOT SUCH AS TO ESTABLISH THE TRUE CAUSES OF THE FURTHER DAMAGE ALLEGED . HOWEVER , IT IS SUFFICIENT TO STATE THAT EVEN IF IT WERE ASSUMED THAT THE ABOLITION OF THE REFUNDS EXACERBATED THE DIFFICULTIES ENCOUNTERED BY THOSE APPLICANTS , THOSE DIFFICULTIES WOULD NOT BE A SUFFICIENTLY DIRECT CONSEQUENCE OF THE UNLAWFUL CONDUCT OF THE COUNCIL TO RENDER THE COMMUNITY LIABLE TO MAKE GOOD THE DAMAGE . IN THE FIELD OF NON-CONTRACTUAL LIABILITY OF PUBLIC AUTHORITIES FOR LEGISLATIVE MEASURES , THE PRINCIPLES COMMON TO THE LAWS OF THE MEMBER STATES TO WHICH THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY REFERS CANNOT BE RELIED ON TO DEDUCE AN OBLIGATION TO MAKE GOOD EVERY HARMFUL CONSEQUENCE , EVEN A REMOTE ONE , OF UNLAWFUL LEGISLATION .
French Republic v United Kingdom of Great Britain and Northern Ireland.
Date: 1979-10-04
8 THE COMMISSION HAS RIGHTLY CLAIMED THAT THAT RESOLUTION , IN THE PARTICULAR FIELD TO WHICH IT APPLIES , MAKES SPECIFIC THE DUTIES OF CO-OPERATION WHICH THE MEMBER STATES ASSUMED UNDER ARTICLE 5 OF THE EEC TREATY WHEN THEY ACCEDED TO THE COMMUNITY . PERFORMANCE OF THESE DUTIES IS PARTICULARLY NECESSARY IN A SITUATION IN WHICH IT HAS APPEARED IMPOSSIBLE , BY REASON OF DIVERGENCES OF INTEREST WHICH IT HAS NOT YET BEEN POSSIBLE TO RESOLVE , TO ESTABLISH A COMMON POLICY AND IN A FIELD SUCH AS THAT OF THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA IN WHICH WORTHWHILE RESULTS CAN ONLY BE ATTAINED THANKS TO THE CO-OPERATION OF ALL THE MEMBER STATES .
11 ANNEX VI TO THE HAGUE RESOLUTION IN THE WORDS OF WHICH ' ' THE MEMBER STATES WILL NOT TAKE ANY UNILATERAL MEASURES IN RESPECT OF THE CONSERVATION OF RESOURCES ' ' , EXCEPT IN CERTAIN CIRCUMSTANCES AND WITH DUE OBSERVANCE OF THE REQUIREMENTS SET OUT ABOVE , MUST BE UNDERSTOOD AS REFERRING TO ANY MEASURES OF CONSERVATION EMANATING FROM THE MEMBER STATES AND NOT FROM THE COMMUNITY AUTHORITIES . THE DUTY OF CONSULTATION ARISING UNDER THAT RESOLUTION THUS COVERS ALSO MEASURES ADOPTED BY A MEMBER STATE TO COMPLY WITH ONE OF ITS INTERNATIONAL OBLIGATIONS IN THIS MATTER . SUCH CONSULTATION WAS ALL THE MORE NECESSARY IN THIS CASE SINCE IT IS COMMON GROUND , AS HAS BEEN     EMPHASIZED BY THE FRENCH GOVERNMENT AND THE COMMISSION AND ACCEPTED BY THE GOVERNMENT OF THE UNITED KINGDOM ITSELF , THAT THE ORDER IN QUESTION , ALTHOUGH CARRYING OUT CERTAIN RECOMMENDATIONS OF THE NORTH-EAST ATLANTIC FISHERIES CONVENTION , NEVERTHELESS IN SOME RESPECTS GOES BEYOND THE REQUIREMENTS FLOWING FROM THOSE RECOMMENDATIONS .
Ireks-Arkady GmbH v Council and Commission of the European Communities.
Date: 1979-10-04
9 THE FINDING THAT A LEGAL SITUATION RESULTING FROM THE LEGISLATIVE MEASURES OF THE COMMUNITY IS UNLAWFUL IS NOT SUFFICIENT IN ITSELF TO GIVE RISE TO SUCH LIABILITY . THE COURT HAS ALREADY EXPRESSED THAT VIEW IN ITS JUDGMENT OF 25 MAY 1978 IN JOINED CASES 83/76 AND OTHERS BAYERISCHE HNL VERMEHRUNGSBETRIEBE AND OTHERS V COUNCIL AND COMMISSION ( 1978 ) ECR 1209 . IN THIS REGARD , THE COURT RECALLED ITS SETTLED CASE-LAW , ACCORDING TO WHICH THE COMMUNITY DOES NOT INCUR LIABILITY ON ACCOUNT OF A LEGISLATIVE MEASURE WHICH INVOLVES CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . TAKING INTO CONSIDERATION THE PRINCIPLES IN THE LEGAL SYSTEMS OF THE MEMBER STATES GOVERNING THE LIABILITY OF PUBLIC AUTHORITIES FOR DAMAGE CAUSED TO INDIVIDUALS     BY LEGISLATIVE MEASURES , THE COURT SAID THAT IN THE CONTEXT OF COMMUNITY PROVISIONS IN WHICH ONE OF THE CHIEF FEATURES WAS THE EXERCISE OF A WIDE DISCRETION ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE COMMUNITY DID NOT INCUR LIABILITY UNLESS THE INSTITUTION CONCERNED MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .
11 IN THE FIRST PLACE IT IS NECESSARY TO TAKE INTO CONSIDERATION THAT THE PRINCIPLE OF EQUALITY , EMBODIED IN PARTICULAR IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY , WHICH PROHIBITS ANY DISCRIMINATION IN THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS , OCCUPIES A PARTICULARLY IMPORTANT PLACE AMONG THE RULES OF COMMUNITY LAW INTENDED TO PROTECT THE INTERESTS OF THE INDIVIDUAL . SECONDLY , THE DISREGARD OF THAT PRINCIPLE IN THIS CASE AFFECTED A LIMITED AND CLEARLY DEFINED GROUP OF COMMERCIAL OPERATORS . IT SEEMS , IN FACT , THAT THE NUMBER OF QUELLMEHL PRODUCERS IN THE COMMUNITY IS VERY LIMITED . FURTHER , THE DAMAGE ALLEGED BY THE APPLICANTS GOES BEYOND THE BOUNDS OF THE ECONOMIC RISKS INHERENT IN THE ACTIVITIES IN THE SECTOR CONCERNED . FINALLY , EQUALITY OF TREATMENT WITH THE PRODUCERS OF MAIZE STARCH , WHICH HAD BEEN OBSERVED FROM THE BEGINNING OF THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , WAS ENDED BY THE COUNCIL IN 1974 WITHOUT SUFFICIENT JUSTIFICATION .
14 THE COUNCIL AND THE COMMISSION OBJECTED TO THAT METHOD OF CALCULATING THE DAMAGE ON THE GROUND THAT THE QUELLMEHL PRODUCERS ELIMINATED THE DAMAGE , OR COULD HAVE DONE SO , BY PASSING ON THE LOSS RESULTING FROM THE ABOLITION OF THE REFUNDS IN THEIR SELLING PRICES . IN PRINCIPLE , IN THE CONTEXT OF AN ACTION FOR DAMAGES , SUCH AN OBJECTION MAY NOT BE DISMISSED AS UNFOUNDED . IN FACT , IT MUST BE ADMITTED THAT IF THE LOSS FROM THE ABOLITION OF THE REFUNDS HAS ACTUALLY BEEN PASSED ON , OR COULD HAVE BEEN PASSED ON , IN THE PRICES THE DAMAGE MAY NOT BE MEASURED BY REFERENCE TO THE REFUNDS NOT PAID . IN THAT CASE THE PRICE INCREASE WOULD TAKE THE PLACE OF THE REFUNDS , THUS COMPENSATING THE PRODUCER .
Interquell Stärke-Chemie GmbH & Co. KG and Diamalt AG v Council and Commission of the European Communities.
Date: 1979-10-04
10 IT FOLLOWS THAT IS ONLY AS REGARDS THE QUELLMEHL USED FOR BREAD-MAKING THAT THE ABOLITION OF THE PRODUCTION REFUNDS FOR QUELLMEHL WAS INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY FOR THE REASONS ACCEPTED BY THE COURT IN ITS JUDGMENT OF 19 OCTOBER 1977 .
Commission of the European Communities v Italian Republic.
Date: 1979-10-25
7 AS REGARDS INTRA-COMMUNITY TRADE , SINCE ALL CUSTOMS DUTIES ON IMPORTS AND EXPORTS AND ALL CHARGES HAVING EQUIVALENT EFFECT AND ALL QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS AND MEASURES HAVING EQUIVALENT EFFECT HAD TO BE ABOLISHED , PURSUANT TO TITLE I OF THE TREATY , BY THE END OF THE TRANSITIONAL PERIOD AT THE LATEST , IT SHOULD BE EMPHASIZED THAT CUSTOMS CONTROLS PROPERLY SO-CALLED HAVE LOST THEIR RAISON D ' ETRE AS REGARDS SUCH TRADE . FRONTIER CONTROLS REMAIN JUSTIFIED ONLY IN SO FAR AS THEY ARE NECESSARY EITHER FOR THE IMPLEMENTATION OF THE EXCEPTIONS TO FREE MOVEMENT REFERRED TO IN ARTICLE 36 OF THE TREATY ; OR FOR THE LEVYING OF INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY WHEN THE CROSSING OF THE FRONTIER MAY LEGITIMATELY BE ASSIMILATED TO THE SITUATION WHICH , IN THE CASE OF DOMESTIC GOODS , GIVES RISE TO THE LEVYING OF THE TAX ; OR FOR TRANSIT CONTROLS ; OR FINALLY WHEN THEY ARE ESSENTIAL IN ORDER TO OBTAIN REASONABLY COMPLETE AND ACCURATE     INFORMATION ON MOVEMENT OF GOODS WITHIN THE COMMUNITY . THESE RESIDUARY CONTROLS MUST NEVERTHELESS BE REDUCED AS FAR AS POSSIBLE SO THAT TRADE BETWEEN MEMBER STATES CAN TAKE PLACE IN CONDITIONS AS CLOSE AS POSSIBLE TO THOSE PREVALENT ON A DOMESTIC MARKET .
14 HAVING DUE REGARD TO THOSE STATEMENTS THE COURT FINDS THAT THE INTERPRETATION OF THE PROVISIONS IN QUESTION IS COMPATIBLE WITH THEIR WORDING . IT FOLLOWS THAT SEVERAL POSSIBILITIES ARE OPEN TO THE OWNER OF GOODS FOR HAVING THE CUSTOMS DECLARATION MADE BY A THIRD PARTY WITHOUT BEING REQUIRED , AS THE COMMISSION MAINTAINS , TO HAVE RECOURSE TO AN AGENT . THE FACT THAT THIS POSSIBILITY OPERATES BY WAY OF THE LEGAL FICTION CONTAINED IN THE SECOND PARAGRAPH OF ARTICLE 56 OF THE CODE AND TREATS AS OWNER THE PERSON WHO PRESENTS THE GOODS OR MAKES THE DECLARATION IN HIS CAPACITY AS HAVING POSSESSION OF THEM OR BY WAY OF THE LEGAL CONCEPT OF ' ' INDIRECT AGENT ' ' , WHEREBY THE DECLARANT ACTS ON BEHALF OF THE OWNER BUT IN HIS OWN NAME AND IS JOINTLY LIABLE WITH THE OWNER RATHER THAN ACTING UNDER THE AUTHORITY CONFERRED ON HIM BY THE OWNER , CANNOT BE REGARDED AS DECISIVE IN DETERMINING WHETHER THE REQUIREMENTS IN QUESTION ARE EQUIVALENT TO A QUANTITATIVE RESTRICTION . THE FACT THAT THE OWNER CANNOT EMPLOY AN AGENT WHO NEITHER HAS POSSESSION OF THE GOODS NOR IS IN A POSITION TO PRESENT THEM TO THE CUSTOMS BUT THAT IN THIS CASE THE OWNER HAS TO HAVE RECOURSE TO A SELF-EMPLOYED OR EMPLOYEE CUSTOMS AGENT CANNOT CONSTITUTE A     MEASURE HAVING EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION SINCE THE OTHER MEANS OF MAKING THE DECLARATION OFFER HIM AN EFFECTIVE AND REASONABLE CHOICE ALLOWING HIM , IF HE THINKS IT IS IN HIS INTEREST , TO AVOID HAVING TO HAVE RECOURSE TO A PROFESSIONAL CUSTOMS AGENT .
Greenwich Film Production v Société des auteurs, compositeurs et éditeurs de musique (SACEM) and Société des éditions Labrador.
Date: 1979-10-25
12 IN FACT , IT IS WELL KNOWN THAT IN CERTAIN MEMBER STATES THE MANAGEMENT OF COMPOSERS '  COPYRIGHTS IS USUALLY ENTRUSTED BY COMPOSERS TO ASSOCIATIONS WHOSE OBJECT IS TO SUPERVISE THE EXERCISE OF SUCH RIGHTS AND TO COLLECT THE CORRESPONDING ROYALTIES OF BEHALF OF ANY COMPOSER WORKING WITHIN THE TERRITORY OF THE MEMBER STATE IN QUESTION . IT IS POSSIBLE IN THOSE CIRCUM    STANCES THAT THE ACTIVITIES OF SUCH ASSOCIATIONS MAY BE CONDUCTED IN SUCH A WAY THAT THEIR EFFECT IS TO PARTITION THE COMMON MARKET AND THEREBY RESTRICT THE FREEDOM TO PROVIDE SERVICES WHICH CONSTITUTES ONE OF THE OBJECTIVES OF THE TREATY . SUCH ACTIVITIES ARE THUS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY , EVEN IF THE MANAGEMENT OF COPYRIGHTS , IN CERTAIN CASES , RELATES ONLY TO THE PERFORMANCE OF MUSICAL WORKS IN NON-MEMBER COUNTRIES . IN CONSIDERING WHETHER ARTICLE 86 IS APPLICABLE THE PERFORMANCE OF CERTAIN CONTRACTS CANNOT BE ASSESSED IN ISOLATION BUT MUST BE VIEWED IN THE LIGHT OF THE ACTIVITIES OF THE UNDERTAKING IN QUESTION AS A WHOLE .
Gaetano Toffoli and others v Regione Veneto.
Date: 1979-11-06
11 AS EXPLAINED ABOVE ONE OF THE PRINCIPAL OBJECTIVES OF THAT ORGANIZATION IS TO ENSURE THAT MILK PRODUCERS CAN OBTAIN A PRICE FOR THAT PRODUCT IN THE REGION OF THE TARGET PRICE . THE MECHANISMS INSTITUTED BY THE REGULATION AND DESIGNED TO ACHIEVE THAT END , WHICH HAVE ALREADY BEEN DESCRIBED , ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMUNITY .
12 IN SECTORS COVERED BY A COMMON ORGANIZATION OF THE MARKET , A FORTIORI WHEN THAT ORGANIZATION IS BASED ON A COMMON PRICE SYSTEM , MEMBER STATES CAN NO LONGER TAKE ACTION , THROUGH NATIONAL PROVISIONS TAKEN UNILATERALLY , AFFECTING THE MACHINERY OF PRICE FORMATION AT THE PRODUCTION AND MARKETING STAGES ESTABLISHED UNDER THE COMMON ORGANIZATION . IT FOLLOWS THAT NATIONAL LEGISLATION DESIGNED TO PROMOTE AND ENCOURAGE , BY ANY METHOD , THE ESTABLISHMENT OF A UNIFORM PRODUCER PRICE FOR MILK , BY AGREEMENT OR BY AUTHORITY , AT THE NATIONAL OR REGIONAL LEVEL IS , BY ITS NATURE , OUTSIDE THE BOUNDS OF THE POWERS GIVEN TO MEMBER STATES AND RUNS CONTRARY TO THE PRINCIPLE ESTABLISHED BY REGULATION NO 804/68 , IN PARTICULAR ARTICLE 3 THEREOF , OF ATTAINING A TARGET PRODUCER PRICE FOR THE MILK SOLD BY COMMUNITY PRODUCERS DURING THE MILK YEAR ON THE COMMUNITY MARKET AND ON EXTERNAL MARKETS . IT SHOULD ALSO BE NOTED THAT THE ABSENCE OF SANCTIONS FOR FAILURE TO COMPLY WITH THE PRICE LAID DOWN IN ACCORDANCE WITH SUCH LEGISLATION DOES NOT AFFECT THE INCOMPATIBILITY OF THE LEGISLATION WITH THE COMMON ORGANIZATION OF THE MARKET .