larimo/cjeu-paragraph-retrieval huggingface dataset:
Arlette Houyoux and Marie-Catherine Guery v Commission of the European Communities.
Date: 1987-10-27
16 HOWEVER, WHERE, AS IN THIS CASE, THE DISPUTE IS ONE OF A FINANCIAL CHARACTER IN WHICH THE COURT HAS UNLIMITED JURISDICTION, THE COURT IS VESTED WITH THE POWER NOT ONLY TO ANNUL THE MEASURE IN POINT BUT ALSO, WHERE APPROPRIATE, TO ORDER OF ITS OWN MOTION THAT COMPENSATION BE PAID BY THE DEFENDANT FOR DAMAGE CAUSED BY MALADMINISTRATION ON ITS PART, AND THIS IS SO EVEN IN THE ABSENCE OF ANY FORMAL CLAIM FOR SUCH RELIEF . IN SUCH A CASE, THE COURT MAY, HAVING REGARD TO ALL THE CIRCUMSTANCES OF THE CASE, ASSESS THE DAMAGE EX AEQUO ET BONO .
French Republic v Commission of the European Communities.
Date: 1987-11-11
19 IN EXAMINING THE DETAILED ARRANGEMENTS FOR IMPLEMENTING THE PROPOSED AID, THE COMMISSION OBSERVES THAT IT IS TO BE GRANTED TO FACILITATE INVESTMENT WHICH REDUCES THE COSTS NORMALLY ALLOWED FOR IN THE BUDGETS OF THE UNDERTAKINGS IN QUESTION . THE SPECIFIC INTENSITY OF THE AID ( 5.5 %) IS APPRECIABLE IN THE LIGHT OF THE TOTAL INVESTMENT COSTS OF A COMPANY, AND IT WOULD ENABLE UNDERTAKINGS BENEFITING UNDER THE SYSTEM TO REDUCE THEIR INVESTMENT COSTS SIGNIFICANTLY AND THUS TO MODIFY THEIR PRICES .
24 AS THE COMMISSION STRESSED IN ITS DECISION, THE PROPOSED AID WOULD ENABLE THE UNDERTAKINGS BENEFITING FROM IT TO REDUCE THEIR INVESTMENT COSTS, THEREBY STRENGTHENING THEIR POSITION AS AGAINST THAT OF OTHER UNDERTAKINGS COMPETING WITH THEM IN THE COMMUNITY . IN VIEW OF THE INFORMATION CONTAINED IN THE DECISION CONCERNING THE SITUATION OF THE INDUSTRIES IN QUESTION IN THE COMMUNITY IN GENERAL AND FRANCE IN PARTICULAR, AND CONCERNING INTRA-COMMUNITY TRADE, AND BY VIRTUE OF THE FACT - EMPHASIZED BY THE COMMISSION IN THE PROCEEDINGS BEFORE THE COURT - THAT THE PROFIT MARGINS IN THAT SECTOR ARE ALWAYS VERY NARROW, THE COMMISSION DID NOT EXCEED THE LIMITS OF ITS DISCRETION IN TAKING THE VIEW THAT EVEN RELATIVELY LITTLE AID WOULD ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST .
SpA Ferriere San Carlo v Commission of the European Communities.
Date: 1987-11-12
12 NOR CAN IT BE INFERRED EITHER FROM THE DOCUMENTS ON THE FILE OR FROM THE ARGUMENTS PRESENTED TO THE COURT THAT SAN CARLO WAS INDIVIDUALLY WARNED IN GOOD TIME OF THE TERMINATION OF THAT PRACTICE . IN REPLY TO A QUESTION PUT BY THE COURT, THE COMMISSION ADMITTED THAT IT HAD INFORMED SAN CARLO FORMALLY OF THE DISCONTINUANCE OF THE PRACTICE IN QUESTION ONLY IN NOVEMBER 1984, THAT IS TO SAY AFTER THE PERIOD IN REGARD TO WHICH A SANCTION WAS IMPOSED IN RESPECT OF THE CONTESTED EXCESS DELIVERIES .
13 CONSEQUENTLY, IT MUST BE ACCEPTED THAT SAN CARLO WAS ENTITLED TO CONSIDER THAT IN THE FOURTH QUARTER OF 1983 THE COMMISSION HAD NOT TERMINATED ITS PRACTICE OF TOLERATING DELIVERIES IN EXCESS OF QUOTAS FROM STOCKS OF REINFORCING BARS EXISTING ON 30 JUNE 1981 AND ON 30 JUNE 1982 . THE COMMISSION WAS THEREFORE REQUIRED, BEFORE IMPOSING THE CONTESTED SANCTION, TO VERIFY THAT THE EXCESS COMPLAINED OF COULD NOT BE ATTRIBUTED TO THE PRACTICE WHICH WAS TOLERATED IN 1981 AND 1982 . HOWEVER, IT APPEARS FROM THE STATEMENT OF THE REASONS ON WHICH THE CONTESTED DECISION IS BASED THAT THE COMMISSION REFUSED AS A MATTER OF PRINCIPLE TO CARRY OUT THAT CHECK . IT THEREFORE ACTED CONTRARY TO THE APPLICANT' S LEGITIMATE EXPECTATION THAT THE DEGREE OF TOLERANCE THAT HAD BEEN ACCEPTED FOR TWO YEARS WOULD BE CONTINUED . THE APPLICANT' S SECOND SUBMISSION MUST THEREFORE BE UPHELD AND THE CONTESTED DECISION MUST BE DECLARED VOID .
Amro Aandelen Fonds v Inspecteur der Registratie en Successie.
Date: 1987-11-12
8 ARTICLE 1 PROVIDES THAT THE DUTY, CALLED "CAPITAL DUTY" SHALL BE CHARGED "ON CONTRIBUTIONS OF CAPITAL TO CAPITAL COMPANIES ". IN ORDER TO DEFINE THE MEANING OF "CAPITAL COMPANIES" FOR THE PURPOSES OF THE DIRECTIVE, ARTICLE 3*(1 ) REFERS, ON THE ONE HAND, TO CERTAIN CATEGORIES OF COMPANIES UNDER THE NATIONAL LAW OF THE VARIOUS MEMBER STATES ( ARTICLE 3*(1)*(A )*), AND, ON THE OTHER, TO THE NEGOTIABLE NATURE IN A STOCK EXCHANGE OF THE SHARES ( ARTICLE 3*(1)*(B )*) AND TO THE FREE NEGOTIABILITY OF THE SHARES WHERE THEY REPRESENT THE RISK SHARED . THE DEFINITION OF CAPITAL COMPANY IS THUS WIDE AND NOT TIED TO ANY SPECIFIC FORM OF COMPANY .
10 THE OBJECT OF THAT PROVISION IS TO PREVENT THE CHOICE OF A PARTICULAR LEGAL FORM FROM LEADING TO A DIFFERENT FISCAL TREATMENT OF ACTIVITIES WHICH, FROM THE ECONOMIC POINT OF VIEW, ARE EQUIVALENT .
11 TO THAT END, FOR THE PURPOSES OF LIABILITY TO CAPITAL DUTY THE PROVISION IS INTENDED TO APPLY TO THE RAISING OF CAPITAL WHICH, WHILE HAVING THE SAME ECONOMIC FUNCTION AS CAPITAL COMPANIES PROPERLY SO CALLED, NAMELY THE EARNING OF PROFIT BY THE POOLING OF CAPITAL IN A SEPARATE FUND, DOES NOT SATISFY THE CRITERIA OF A CAPITAL COMPANY AS DEFINED IN ARTICLE 3*(1 ).
12 ARTICLE 3*(2 ) LEAVES MEMBER STATES FREE, HOWEVER, TO LIMIT THE SCOPE OF THAT DEEMING CLAUSE BY ALLOWING THEM TO EXEMPT THE RAISING OF CERTAIN CAPITAL FROM LIABILITY TO CAPITAL DUTY .
Erwin Conradi and others v Direction de la concurrence et des prix des Hauts-de-Seine and ministère public.
Date: 1987-11-12
8 BEFORE THAT QUESTION IS EXAMINED AND IN ORDER TO DEFINE THE FRAMEWORK AND THE SCOPE OF THE RULES OF COMMUNITY LAW REFERRED TO BY THE NATIONAL COURT, IT IS APPROPRIATE TO POINT OUT THAT THE AIM OF DIRECTIVE 64/223/EEC IS THE ATTAINMENT, IN THE FIELD OF WHOLESALE TRADE ACTIVITIES, OF FREEDOM OF ESTABLISHMENT, AS GUARANTEED BY ARTICLE 52 ETSEQ . OF THE TREATY, AND OF FREEDOM TO PROVIDE SERVICES, AS GUARANTEED BY ARTICLE 59 ET SEQ . OF THE TREATY .
Maizena Gesellschaft mbH and others v Bundesanstalt für landwirtschaftliche Marktordnung (BALM).
Date: 1987-11-18
13 IN THAT REGARD, IT SHOULD BE POINTED OUT FIRST OF ALL THAT IF TRADERS THEMSELVES DECIDE TO TAKE ADVANTAGE OF THE SPECIAL ARRANGEMENTS INVOLVING ADVANCE RELEASE OF THEIR SECURITY, THEY DO SO VOLUNTARILY AND IN THE LIGHT OF THE ECONOMIC ADVANTAGE WHICH THEY SEE THEREIN . THE PENALTY IS THUS NO MORE THAN A COUNTERBALANCE TO THE EARLY RELEASE OF THE SECURITY, WHICH IS NOT RELEASED DEFINITIVELY BUT MERELY PROVISIONALLY AND ON CONDITION THAT THE UNDERTAKING TO EXPORT IS CARRIED OUT WITHIN THE TIME-LIMITS LAID DOWN . ITS ONLY EFFECT, IF THE TIME-LIMIT FOR EXPORTATION IS NOT COMPLIED WITH, IS TO PLACE THE TRADER HAVING HAD THE BENEFIT OF THE EARLY RELEASE OF HIS SECURITY IN THE SAME ECONOMIC POSITION AS A TRADER WHO OPTED FOR THE GENERAL RULES, UNDER WHICH THE SECURITY LODGED IN CONNECTION WITH THE EXPORT
LICENCE IS RELEASED ONLY AFTER THE ACTUAL EXPORTATION WITHIN THE TIME-LIMIT OF THE GOODS AT ISSUE . THUS IN A SYSTEM INVOLVING ADVANCE RELEASE OF THE SECURITY, THE PENALTY CONSTITUTES THE COROLLARY OF THE SYSTEM OF SECURITY AND IS INTENDED TO ACHIEVE THE SAME OBJECTIVES AS THE SECURITY ITSELF . THAT SANCTION ISIMPOSED AT A FLAT RATE AND IS INDEPENDENT OF ANY CULPABILITY ON THE PART OF THE TRADER . IT IS THEREFORE AN INTEGRAL PART OF THE SYSTEM OF SECURITY AT ISSUE AND IS NOT CRIMINAL IN NATURE .
15 HOWEVER, THE PARTIES ARE NOT FOR THAT REASON DEPRIVED OF LEGAL PROTECTION . AS THE COURT HAS HELD IN ITS JUDGMENT OF 25 SEPTEMBER 1984 IN CASE 117/83 KONECKE V BALM (( 1984 )) ECR 3291, A PENALTY, EVEN OF A NON-CRIMINAL NATURE, CANNOT BE IMPOSED UNLESS IT RESTS ON A CLEAR AND UNAMBIGUOUS LEGAL BASIS . MOREOVER, THE COURT HAS ALWAYS EMPHASIZED THAT FUNDAMENTAL RIGHTS ARE AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF COMMUNITY LAW WHICH IT IS CALLED UPON TO ENFORCE . FINALLY, IT IS SETTLED LAW ( SEE MOST RECENTLY THE JUDGMENT OF 18 MARCH 1987 IN CASE 56/86 SOCIETE POUR L' EXPORTATION DES SUCRES V OBEA (( 1987 )) ECR ...) THAT THE PROVISIONS OF COMMUNITY LAW MUST COMPLY WITH THE PRINCIPLE OF PROPORTIONALITY, THAT IS TO SAY, THE MEANS WHICH THEY EMPLOY MUST BE APPROPRIATE TO ACHIEVE THE OBJECTIVE PURSUED AND MUST NOT GO BEYOND WHAT IS NECESSARY TO ACHIEVE IT .
Rijn-Schelde-Verolme (RSV) Machinefabrieken en Scheepswerven NV v Commission of the European Communities.
Date: 1987-11-24
17 IT FOLLOWS THAT THE COMMISSION' S DELAY IN GIVING THE CONTESTED DECISION COULD IN THE CASE IN POINT ESTABLISH A LEGITIMATE EXPECTATION ON THE APPLICANT' S PART SO AS TO PREVENT THE COMMISSION FROM REQUIRING THE NETHERLANDS AUTHORITIES TO ORDER THE REFUND OF THE AID . ARTICLES 2 AND 3 OF THE DECISION OF 19 DECEMBER 1984, FROM WHICH SUCH A REQUIREMENT IS TO BE INFERRED, ARE THEREFORE UNLAWFUL AND MUST BE DECLARED VOID .
George Noel Newstead v Department of Transport and Her Majesty's Treasury.
Date: 1987-12-03
20 COUNCIL DIRECTIVE 75/117, WHICH WAS ALSO MENTIONED BY THE EMPLOYMENT APPEAL TRIBUNAL IN ITS QUESTION, DOES NOT AFFECT THE CONCLUSION ARRIVED AT WITH REGARD TO ARTICLE 119 . AS THE COURT STATED IN ITS JUDGMENT OF 31 MARCH 1981 IN CASE 96/80 JENKINS V KINGSGATE (( 1981 )) ECR 911, THAT DIRECTIVE IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY LAID DOWN IN ARTICLE 119 AND IN NO WAY ALTERS ITS CONTENT OR SCOPE AS DEFINED IN THAT ARTICLE .
24 AS THE UNITED KINGDOM AND THE COMMISSION CORRECTLY OBSERVED, DIRECTIVE 76/207 IS NOT INTENDED TO APPLY IN SOCIAL SECURITY MATTERS . THAT IS CLEARFROM ARTICLE 1 ( 2 ), ACCORDING TO WHICH "WITH A VIEW TO ENSURING THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY, THE COUNCIL, ACTING ON A PROPOSAL FROM THE COMMISSION, WILL ADOPT PROVISIONS DEFINING ITS SUBSTANCE, ITS SCOPE AND THE ARRANGEMENTS FOR ITS APPLICATION ".
Les Grands Moulins de Paris v European Economic Community.
Date: 1987-12-08
8 THE COURT HAS ALSO STATED WITH REGARD TO THE FIRST OF THOSE CONDITIONS ( JUDGMENTS OF 4 OCTOBER 1979 IN JOINED CASES 241, 242 AND 245 TO 250/78 DGV AND OTHERS V COUNCIL AND COMMISSION (( 1979 )) ECR 3017, AND IN JOINED CASES 261 AND 262/78 INTERQUELL STAERKE CHEMIE V COUNCIL AND COMMISSION (( 1979 )) ECR 3045 ) THAT THE COMMUNITY DOES NOT INCUR LIABILITY ON ACCOUNT OF A LEGISLATIVE MEASURE WHICH, LIKE THAT AT ISSUE HERE, INVOLVES CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . IN THE CONTEXT OF COMMUNITY PROVISIONS IN WHICH ONE OF THE CHIEF FEATURES IS THE EXERCISE OF A WIDE DISCRETION INDISPENSABLE FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY, THE COMMUNITY CAN INCUR LIABILITY ONLY IN EXCEPTIONAL CASES, NAMELY WHERE THE INSTITUTION CONCERNED MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .
9 THE REFUSAL OF THE COMMUNITY INSTITUTIONS TO GRANT FOR GRANIDON THE PRODUCTION REFUNDS LAID DOWN FOR PRODUCTS TRADITIONALLY USED IN THE BREWING INDUSTRY FORMS PART OF THE LEGISLATIVE FUNCTION OF THE COMMUNITY . IT IS THEREFORE NECESSARY TO CONSIDER IN THE LIGHT OF THE CRITERIA SET OUT ABOVE WHETHER THE COMMUNITY HAS INCURRED NON-CONTRACTUAL LIABILITY ON ACCOUNT OF THAT REFUSAL .
THE SUBMISSION RELATING TO THE BREACH OF THE PRINCIPLE OF EQUAL TREATMENT
Ministère public v André Gauchard.
Date: 1987-12-08
5 IN VIEW OF THE WAY IN WHICH THE QUESTION IS WORDED, IT SHOULD FIRST OF ALL BE POINTED OUT THAT ALTHOUGH THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE TREATY TO APPLY A RULE OF COMMUNITY LAW TO A PARTICULAR CASE AND THUS TO JUDGE A PROVISION OF NATIONAL LAW BY REFERENCE TO SUCH A RULE IT MAY, IN THE FRAMEWORK OF THE JUDICIAL COOPERATION PROVIDED FOR BY THAT ARTICLE AND ON THE BASIS OF THE MATERIAL PRESENTED TO IT, PROVIDE A NATIONAL COURT WITH AN INTERPRETATION OF COMMUNITY LAW WHICH MAY BE USEFUL TO IT IN ASSESSING THE EFFECTS OF THAT PROVISION .
7 IN SIMILAR CIRCUMSTANCES THE COURT HAS ALREADY HELD THAT IT MUST EXTRACT FROM ALL THE FACTORS PROVIDED BY THE NATIONAL COURT, AND IN PARTICULAR FROM THE STATEMENT OF GROUNDS CONTAINED IN THE REFERENCE, THE ELEMENTS OF COMMUNITY LAW REQUIRING AN INTERPRETATION, HAVING REGARD TO THE SUBJECT-MATTER OF THE DISPUTE ( JUDGMENT OF 29 NOVEMBER 1978 IN CASE 83/78 PIGS MARKETING BOARD V REDMOND (( 1978 )) ECR 2347 ).
12 THE ABSENCE OF ANY ELEMENT GOING BEYOND A PURELY NATIONAL SETTING IN A GIVEN CASE THEREFORE MEANS, IN MATTERS OF FREEDOM OF ESTABLISHMENT JUST AS IN ANY OTHER SPHERE, THAT THE PROVISIONS OF COMMUNITY LAW ARE NOT APPLICABLE TO SUCH A SITUATION .
13 THE ANSWER TO THE QUESTION ASKED BY THE TRIBUNAL DE POLICE, FALAISE, MUST THEREFORE BE THAT ARTICLE 52 OF THE EEC TREATY AND COUNCIL DIRECTIVES 68/363/EEC AND 68/364/EEC IMPLEMENTING ARTICLE 52 IN THE SPECIFIC FIELD OF ACTIVITIES OF SELF-EMPLOYED PERSONS IN RETAIL TRADE DO NOT APPLY TO SITUATIONS WHICH ARE PURELY INTERNAL TO A MEMBER STATE, SUCH AS THAT OF A NATIONAL OF A MEMBER STATE WHO HAS NEVER RESIDED OR WORKED IN ANY OTHER MEMBER STATE .
SAR Schotte GmbH v Parfums Rothschild SARL.
Date: 1987-12-09
10 IN ITS JUDGMENT OF 22 NOVEMBER 1978 IN CASE 33/78 SOMAFER V SAAR-FERNGAS (( 1978 )) ECR 2183, THE COURT HELD THAT THE CONCEPT OF A BRANCH, AGENCY OR OTHER ESTABLISHMENT IMPLIES A PLACE OF BUSINESS WHICH HAS THE APPEARANCE OF PERMANENCY, SUCH AS THE EXTENSION OF A PARENT BODY, HAS A MANAGEMENT AND IS MATERIALLY EQUIPPED TO NEGOTIATE BUSINESS WITH THIRD PARTIES SO THAT THE LATTER, ALTHOUGH KNOWING THAT THERE WILL IF NECESSARY BE A LEGAL LINK WITH THE PARENT BODY, THE HEAD OFFICE OF WHICH IS ABROAD, DO NOT HAVE TO DEAL DIRECTLY WITH SUCH PARENT BODY BUT MAY TRANSACT BUSINESS AT THE PLACE OF BUSINESS CONSTITUTING THE EXTENSION .
15 IN SUCH A CASE, THIRD PARTIES DOING BUSINESS WITH THE ESTABLISHMENT ACTING AS AN EXTENSION OF ANOTHER COMPANY MUST BE ABLE TO RELY ON THE APPEARANCE THUS CREATED AND REGARD THAT ESTABLISHMENT AS AN ESTABLISHMENT OF THE OTHER COMPANY EVEN IF, FROM THE POINT OF VIEW OF COMPANY LAW, THE TWO COMPANIES ARE INDEPENDENT OF EACH OTHER .
Heinz Günther Jänsch v Commission of the European Communities.
Date: 1987-12-10
15 THE NEXT POINT TO EXAMINE IS THEREFORE WHETHER THE MAJORITY REPORT IS VITIATED BY DEFECTS WHICH RENDER IT INVALID . IN THAT CONNECTION IT MUST BE POINTED OUT THAT THE COURT' S JURISDICTION IS LIMITED TO ANNULLING THE DECISIONS OF A MEDICAL COMMITTEE WHICH ARE VITIATED BY ILLEGALITY INASMUCH AS THEY ARE BASED ON AN IRRELEVANT CONCLUSION . THAT WOULD BE THE CASE IF THE MEDICAL COMMITTEE ADOPTED AN ERRONEOUS VIEW OF THE CONCEPT OF "OCCUPATIONAL DISEASE" OR IF ITS REPORT DID NOT ESTABLISH A COMPREHENSIBLE LINK BETWEEN THE MEDICAL FINDINGS WHICH IT CONTAINS AND THE CONCLUSIONS WHICH IT DRAWS .
Sergio Del Plato and others v Commission of the European Communities.
Date: 1987-12-10
10 AS THE COURT HAS ALREADY HELD ( JUDGMENT OF 9 OCTOBER 1984 IN JOINED CASES 80 TO 83/81 AND 182 TO 185/82 ADAM V COMMISSION (( 1984 )) ECR 3411 ), ALTHOUGH THE PROCEDURES MAY NOT BE REGARDED AS RULES OF LAW WHICH THE ADMINISTRATION IS ALWAYS BOUND TO OBSERVE THEY NEVERTHELESS FORM RULES OF PRACTICE FROM WHICH THE ADMINISTRATION MAY NOT DEPART WITHOUT GIVING THE REASONS WHICH LED IT TO DO SO, WHICH MUST BE COMPATIBLE WITH THE PRINCIPLE OF EQUAL TREATMENT . IT FOLLOWS THAT THE PROCEDURES CONSTITUTE A MEASURE OF A GENERAL NATURE . CONSEQUENTLY, EVEN THOUGH THE PROCEDURES HAVE NOT BEEN DIRECTLY CHALLENGED THE OFFICIALS AND OTHER STAFF CONCERNED MAY INVOKE THEIR ILLEGALITY IN SUPPORT OF AN ACTION AGAINST THE INDIVIDUAL DECISIONS TAKEN ON THE BASIS OF THE PROCEDURES .
Ireland v Commission of the European Communities.
Date: 1987-12-15
18 MOREOVER, AS THE COURT HAS REPEATEDLY HELD, COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
Kingdom of the Netherlands v Commission of the European Communities.
Date: 1987-12-15
7 THE COURT HAS CONSISTENTLY HELD ( SEE THE JUDGMENT OF 7 FEBRUARY 1979 IN CASE 11/76 KINGDOM OF THE NETHERLANDS V COMMISSION (( 1979 )) ECR 245 THAT THOSE PROVISIONS PERMIT THE COMMISSION TO CHARGE TO THE FUND ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUMS PAID, AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS . THAT STRICT INTERPRETATION OF THE CONDITIONS UNDER WHICH EXPENDITURE IS TO BE BORNE BY THE FUND IS NECESSARY, MOREOVER, IN VIEW OF THE AIMS OF REGULATION NO 729/70 . IN FACT IF THE COMMON AGRICULTURAL POLICY IS TO BE APPLIED IN A MANNER WHICH ENSURES EQUALITY BETWEEN TRADERS IN THE MEMBER STATES THE NATIONAL AUTHORITIES OF A MEMBER STATE MAY NOT, BY THE EXPEDIENT OF A WIDE INTERPRETATION OF A GIVEN PROVISION, FAVOUR TRADERS IN THAT STATE TO THE DETRIMENT OF THOSE IN OTHER STATES WHERE A STRICTER INTERPRETATION IS APPLIED .
24 MOREOVER, AS THE COURT HAS REPEATEDLY HELD, COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT.THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
Deutsche Babcock Handel GmbH v Hauptzollamt Lübeck-Ost.
Date: 1987-12-15
6 IN ITS FIRST QUESTION, THE FINANZGERICHT IS ASKING ESSENTIALLY WHETHER REGULATION NO 1430/79 APPLIES TO GOODS COVERED BY THE ECSC TREATY .
7 IT SHOULD BE OBSERVED FIRST IN THAT REGARD THAT THE PROVISIONS OF THE REGULATION MAKE NO DISTINCTION ON THE BASIS OF WHETHER THE GOODS CONCERNED ARE OR ARE NOT COVERED BY THE ECSC TREATY . HOWEVER, ACCOUNT MUST ALSO BE TAKEN OF THE FACT THAT THE REGULATION WAS ADOPTED ON THE BASIS ONLY OF THE EEC TREATY, IN PARTICULAR ARTICLES 43 AND 235 THEREOF .
8 THE QUESTION THEREFORE ARISES WHETHER REGULATION NO 1430/79 CAN APPLY TO GOODS COVERED BY THE ECSC TREATY EVEN THOUGH ITS LEGAL BASIS IS THE EEC TREATY AND NOT THE ECSC TREATY .
9 IT SHOULD BE OBSERVED THAT, UNLIKE THE ECSC TREATY, THE EEC TREATY IS NOT LIMITED TO SPECIFIED GOODS WHICH DELIMIT ITS SCOPE RATIONE MATERIAE .
10 ACCORDING TO ARTICLE 232 ( 1 ) OF THE EEC TREATY, THE PROVISIONS OF THAT TREATY DO NOT AFFECT THE PROVISIONS OF THE ECSC TREATY, IN PARTICULAR AS REGARDS THE RIGHTS AND OBLIGATIONS OF MEMBER STATES, THE POWERS OF THE INSTITUTIONS OF THE COMMUNITY AND THE RULES LAID DOWN BY THAT TREATY FOR THE FUNCTIONING OF THE COMMON MARKET IN COAL AND STEEL . THE VERY TERMS OF THAT PROVISION REQUIRE THAT IT SHOULD BE INTERPRETED AS MEANING THAT IN SO FAR AS MATTERS ARE NOT THE SUBJECT OF PROVISIONS IN THE ECSC TREATY OR RULES ADOPTED ON THE BASIS THEREOF, THE EEC TREATY AND THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION CAN APPLY TO PRODUCTS COVERED BY THE ECSC TREATY .
11 THE QUESTION THEREFORE ARISES WHETHER THE MATTERS GOVERNED BY REGULATION NO 1430/79 ARE THE SUBJECT OF PROVISIONS OF THE ECSC TREATY OR RULES ADOPTED FOR ITS IMPLEMENTATION .
12 IT SHOULD BE POINTED OUT THAT REGULATION NO 1430/79 DEALS WITH A SUBJECT, NAMELY THE REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES, WHICH IS NOT THE SUBJECT EITHER OF PROVISIONS OF THE ECSC TREATY ITSELF OR OF PROVISIONS ADOPTED THEREUNDER . AS REGARDS IN PARTICULAR ARTICLE 72 OF THE ECSC TREATY, WHICH DEALS WITH CUSTOMS DUTIES, THAT PROVISION MERELY GRANTS THE COUNCIL POWERS TO FIX MINIMUM AND MAXIMUM RATES, LEAVING IT TO EACH MEMBER STATE TO DETERMINE, WITHIN THE LIMITS SO FIXED, ITS TARIFFS ACCORDING TO ITS OWN NATIONAL PROCEDURE . CONSEQUENTLY, THE COLLECTION AND REPAYMENT OF CUSTOMS DUTIES ARE NOT GOVERNED BY THAT TREATY .
13 CONSEQUENTLY, IN THE ABSENCE OF SPECIFIC RULES, NEITHER THE ECSC TREATY NOR THE IMPLEMENTING DECISIONS ADOPTED THEREUNDER PREVENT THE APPLICATION OF REGULATION NO 1430/79 .
14 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT REGULATION NO 1430/79 APPLIES TO GOODS FALLING UNDER THE ECSC TREATY .
Federal Republic of Germany v Commission of the European Communities.
Date: 1987-12-15
7 THE COURT HAS CONSISTENTLY HELD ( SEE THE JUDGMENT OF 7 FEBRUARY 1979 IN CASE 11/76 KINGDOM OF THE NETHERLANDS V COMMISSION (( 1979 )) ECR 245 THAT THOSE PROVISIONS PERMIT THE COMMISSION TO CHARGE TO THE FUND ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUMS PAID, AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS . THAT STRICT INTERPRETATION OF THE CONDITIONS UNDER WHICH EXPENDITURE IS TO BE BORNE BY THE FUND IS NECESSARY, MOREOVER, IN VIEW OF THE AIMS OF REGULATION NO 729/70 . IN FACT IF THE COMMON AGRICULTURAL POLICY IS TO BE APPLIED IN A MANNER WHICH ENSURES EQUALITY BETWEEN TRADERS IN THE MEMBER STATES THE NATIONAL AUTHORITIES OF A MEMBER STATE MAY NOT, BY THE EXPEDIENT OF A WIDE INTERPRETATION OF A GIVEN PROVISION, FAVOUR TRADERS IN THAT STATE TO THE DETRIMENT OF THOSE IN OTHER STATES WHERE A STRICTER INTERPRETATION IS APPLIED .
Kingdom of Denmark v Commission of the European Communities.
Date: 1987-12-15
19 FURTHERMORE, AS THE COURT HAS DECIDED ON NUMEROUS OCCASIONS, COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION MUST BE FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .
Évelyne Delauche v Commission of the European Communities.
Date: 1987-12-16
24 IT MUST BE POINTED OUT THAT MRS DELAUCHE DID NOT RECEIVE ANY PERSONAL ASSURANCE WHICH COULD HAVE LED HER TO HOPE THAT SHE WOULD BE PROMOTED . ACCORDINGLY SHE IS NOT IN ANY EVENT ENTITLED TO MAINTAIN THAT THE CONTESTED DECISIONS ARE IN BREACH OF THE PRINCIPLE OF PROTECTION OF LEGITIMATE EXPECTATIONS .
30 IT SHOULD BE BORNE IN MIND THAT THE COMMUNITY CAN ONLY BE HELD LIABLE FOR DAMAGES IF A NUMBER OF CONDITIONS ARE SATISFIED AS REGARDS THE ILLEGALITY OF THE ALLEGEDLY WRONGFUL ACT COMMITTED BY THE INSTITUTIONS, THE ACTUAL HARM SUFFERED, AND THE EXISTENCE OF A CAUSAL LINK BETWEEN THE ACT AND THE DAMAGE ALLEGED TO HAVE BEEN SUFFERED .
Saada Zaoui v Caisse régionale d'assurance maladie de l'Ile-de-France (CRAMIF).
Date: 1987-12-17
15 THAT CONCLUSION MUST BE UPHELD . AS THE COURT HELD IN ITS JUDGMENT OF 27 OCTOBER 1982 IN JOINED CASES 35 AND 36/82 MORSON AND JHANJAN V NETHERLANDS (( 1982 )) ECR 3723, THE COMMUNITY RULES ON FREEDOM OF MOVEMENT FOR WORKERS DO NOT APPLY TO CASES WHICH HAVE NO FACTOR LINKING THEM WITH ANY OF THE SITUATIONS GOVERNED BY COMMUNITY LAW . SUCH IS UNDOUBTEDLY THE CASE WITH WORKERS WHO HAVE NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT WITHIN THE COMMUNITY .
Commission of the European Communities v Kingdom of Belgium.
Date: 1988-01-14
9 AS THE COURT STATED IN ITS JUDGMENTS OF 25 MAY 1982 ( CASES 96/81 AND 97/81 COMMISSION V NETHERLANDS (( 1982 )) ECR 1791 AND 1819 RESPECTIVELY ), EACH MEMBER STATE IS FREE TO DELEGATE POWERS TO ITS DOMESTIC AUTHORITIES AS IT CONSIDERS FIT AND TO IMPLEMENT DIRECTIVES BY MEANS OF MEASURES ADOPTED BY REGIONAL OR LOCAL AUTHORITIES . THAT DIVISION OF POWERS DOES NOT HOWEVER RELEASE IT FROM THE OBLIGATION TO ENSURE THAT THE PROVISIONS OF THE DIRECTIVE ARE PROPERLY IMPLEMENTED IN NATIONAL LAW .