larimo/cjeu-paragraph-retrieval huggingface dataset:
Albako Margarinefabrik Maria von der Linde GmbH & Co. KG v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1987-05-21
13 THE QUESTION IS IN FACT WHETHER A NATIONAL COURT IS REQUIRED BY COMMUNITY LAW AND IN PARTICULAR BY THE FOURTH PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY TO REFRAIN FROM APPLYING NATIONAL LEGISLATION PROVIDING FOR PROTECTION AGAINST UNFAIR COMPETITION OR REGULATING BONUS OFFERS, WHERE THE APPLICATION OF THAT LEGISLATION WOULD HAVE THE EFFECT OF PREVENTING THE STATE FROM IMPLEMENTING, THROUGH ITS INTERVENTION AGENCY FOR AGRICULTURE, A DECISION OF THE COMMISSION, SUCH AS THAT OF 25 FEBRUARY 1985 .
17 SECONDLY, IT MUST BE EMPHASIZED THAT, ACCORDING TO THE FOURTH PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY, DECISIONS ARE TO BE BINDING IN THEIR ENTIRETY UPON THOSE TO WHOM THEY ARE ADDRESSED . IN THE CASE OF DECISIONS ADDRESSED TO THE MEMBER STATES, THEY ARE BINDING ON ALL THE ORGANS OF THE STATE TO WHICH THEY ARE ADDRESSED, INCLUDING THE COURTS OF THAT STATE . IT FOLLOWS THAT, BY VIRTUE OF THE PRINCIPLE OF THE PRECEDENCE OF COMMUNITY LAW, WHICH WAS LAID DOWN BY THE COURT IN ITS JUDGMENT OF 15 JULY 1964 IN CASE 6/64 COSTA V ENEL (( 1964 )) ECR 585 AND EXPLAINED IN THE JUDGMENT OF 9 MARCH 1978 IN CASE 106/77 SIMMENTHAL (( 1978 )) ECR 629, THE NATIONAL COURTS MUST REFRAIN FROM APPLYING ANY NATIONAL PROVISIONS, AND IN PARTICULAR, AS IN THIS CASE, THOSE CONCERNING UNFAIR COMPETITION OR BONUS OFFERS, THE IMPLEMENTATION OF WHICH WOULD BE LIKELY TO HINDER THE IMPLEMENTATION OF A COMMUNITY DECISION .
John Vincent v European Parliament.
Date: 1987-06-10
16 THE COURT HAS STATED ON MORE THAN ONE OCCASION, IN PARTICULAR IN ITS JUDGMENT OF 27 JANUARY 1983 IN CASE 263/81 LIST V COMMISSION (( 1983 )) ECR 103, THAT THE PERIODIC REPORT "CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION" AND THAT A PROMOTION PROCEDURE IS "TAINTED WITH IRREGULARITY IN SO FAR AS THE APPOINTING AUTHORITY HAS NOT BEEN ABLE TO CONSIDER THE COMPARATIVE MERITS OF THE CANDIDATES BECAUSE THERE HAS BEEN A SUBSTANTIAL DELAY ON THE PART OF THE ADMINISTRATION IN DRAWING UP THE PERIODIC REPORTS OF ONE OR MORE OF THEM ".
J. W. Teuling v Bestuur van de Bedrijfsvereniging voor de Chemische Industrie.
Date: 1987-06-11
12 IT IS THUS CLEAR FROM THE VERY WORDS OF ARTICLE 4*(1 ) THAT INCREASES ARE PROHIBITED IF THEY ARE DIRECTLY OR INDIRECTLY BASED ON THE SEX OF THE BENEFICIARY .
13 IN THAT REGARD, IT SHOULD BE POINTED OUT THAT A SYSTEM OF BENEFITS IN WHICH, AS IN THIS CASE, SUPPLEMENTS ARE PROVIDED FOR WHICH ARE NOT DIRECTLY BASED ON THE SEX OF THE BENEFICIARIES BUT TAKE ACCOUNT OF THEIR MARITAL STATUS OR FAMILY SITUATION AND IN RESPECT OF WHICH IT EMERGES THAT A CONSIDERABLY SMALLER PROPORTION OF WOMEN THAN OF MEN ARE ENTITLED TO SUCH SUPPLEMENTS IS CONTRARY TO ARTICLE 4*(1 ) OF THE DIRECTIVE IF THAT SYSTEM OF BENEFITS CANNOT BE JUSTIFIED BY REASONS WHICH EXCLUDE DISCRIMINATION ON GROUNDS OF SEX .
15 IN SUCH CIRCUMSTANCES A SUPPLEMENT LINKED TO FAMILY RESPONSIBILITIES IS CONTRARY TO ARTICLE 4*(1 ) OF THE DIRECTIVE IF THE GRANT THEREOF CANNOT BE JUSTIFIED BY REASONS WHICH EXCLUDE DISCRIMINATION ON GROUNDS OF SEX .
16 IN THAT REGARD, THE PURPOSE OF THE SUPPLEMENTS AT ISSUE MUST BE CONSIDERED . ACCORDING TO THE NETHERLANDS GOVERNMENT, THE GENERAL LAW DOES NOT LINK BENEFITS TO THE SALARY PREVIOUSLY EARNED BY THE BENEFICIARIES BUT SEEKS TO PROVIDE A MINIMUM SUBSISTENCE INCOME TO PERSONS WITH NO INCOME FROM WORK . IT MUST BE OBSERVED THAT SUCH A GUARANTEE GRANTED BY MEMBER STATES TO PERSONS WHO WOULD OTHERWISE BE DESTITUTE IS AN INTEGRAL PART OF THE SOCIAL POLICY OF THE MEMBER STATES .
17 CONSEQUENTLY, IF SUPPLEMENTS TO A MINIMUM SOCIAL SECURITY BENEFIT ARE INTENDED, WHERE BENEFICIARIES HAVE NO INCOME FROM WORK, TO PREVENT THE BENEFIT FROM FALLING BELOW THE MINIMUM SUBSISTENCE LEVEL FOR PERSONS WHO, BY VIRTUE OF THE FACT THAT THEY HAVE A DEPENDENT SPOUSE OR CHILDREN, BEAR HEAVIER BURDENS THAN SINGLE PERSONS, SUCH SUPPLEMENTS MAY BE JUSTIFIED UNDER THE DIRECTIVE .
22 AS THE NETHERLANDS GOVERNMENT EMPHASIZED, THE LAW OF 29 DECEMBER 1982 EMBODIES A POLICY WHICH SEEKS TO ENSURE, HAVING REGARD TO AVAILABLE RESOURCES, A MINIMUM SUBSISTENCE INCOME FOR ALL WORKERS SUFFERING FROM AN INCAPACITY FOR WORK . IN THAT REGARD, IT MUST BE RECOGNIZED THAT COMMUNITY LAW DOES NOT PREVENT A MEMBER STATE, IN CONTROLLING ITS SOCIAL EXPENDITURE, FROM TAKING ACCOUNT OF THE FACT THAT THE NEED OF BENEFICIARIES WHO HAVE A DEPENDENT CHILD OR SPOUSE OR WHOSE SPOUSE HAS A VERY SMALL INCOME IS GREATER THAN THAT OF SINGLE PERSONS .
23 THE REPLY TO PART ( A ) OF THE SECOND QUESTION MUST THEREFORE BE THAT ARTICLE 4*(1 ) OF DIRECTIVE 79/7 IS TO BE INTERPRETED AS MEANING THAT LEGISLATION UNDER WHICH THE GUARANTEE PREVIOUSLY APPLICABLE TO ALL WORKERS SUFFERING FROM AN INCAPACITY FOR WORK WHOSE INCOME WAS APPROXIMATELY EQUAL TO THE STATUTORY MINIMUM WAGE THAT THEIR ( NET ) BENEFITS WOULD BE AT LEAST EQUAL TO THE ( NET ) STATUTORY MINIMUM WAGE IS RESTRICTED TO PERSONS HAVING A DEPENDENT SPOUSE OR CHILD OR WHOSE SPOUSE HAS A VERY SMALL INCOME IS COMPATIBLE WITH THAT PROVISION .
QUESTIONS 2(B ), 3 AND 4
Commission of the European Communities v Italian Republic.
Date: 1987-06-16
7 THE DISTINCTION PROVIDED FOR IN THE SIXTH RECITAL FLOWS FROM THE RECOGNITION OF THE FACT THAT THE STATE MAY ACT EITHER BY EXERCISING PUBLIC POWERS OR BY CARRYING ON ECONOMIC ACTIVITIES OF AN INDUSTRIAL OR COMMERCIAL NATURE BY OFFERING GOODS AND SERVICES ON THE MARKET . IN ORDER TO MAKE SUCH A DISTINCTION, IT IS THEREFORE NECESSARY, IN EACH CASE, TO CONSIDER THE ACTIVITIES EXERCISED BY THE STATE AND TO DETERMINE THE CATEGORY TO WHICH THOSE ACTIVITIES BELONG .
8 IT MUST BE OBSERVED THAT FOR THAT PURPOSE, IT IS OF NO IMPORTANCE THAT THE STATE CARRIES OUT THE SAID ECONOMIC ACTIVITIES BY WAY OF A DISTINCT BODY OVER WHICH IT MAY EXERCISE, DIRECTLY OR INDIRECTLY, A DOMINANT INFLUENCE ACCORDING TO THE CRITERIA LAID DOWN IN ARTICLE 2 OF THE DIRECTIVE OR THAT IT CARRIES OUT THE ACTIVITIES DIRECTLY THROUGH A BODY FORMING PART OF THE STATE ADMINISTRATION . IN THE LATTER CASE, THE FACT THAT THE BODY IS INTEGRATED INTO THE STATE ADMINISTRATION IMPLIES AUTOMATICALLY THE EXERCISE OF A DOMINANT INFLUENCE WITHIN THE MEANING OF THE SAID ARTICLE 2 . IN SUCH CASES, THE FINANCIAL RELATIONS CAN BE EVEN MORE COMPLEX AND THE TRANSPARENCY WHICH THE DIRECTIVE SEEKS TO ACHIEVE THEREFORE BECOMES EVEN MORE NECESSARY . IN THIS CASE, THE FACT THAT THE AAMS IS INTEGRATED INTO THE STATE ADMINISTRATION DOES NOT THEREFORE PREVENT ITS BEING REGARDED AS A PUBLIC UNDERTAKING WITHIN THE MEANING OF DIRECTIVE 80/723 .
13 IT MUST BE OBSERVED IN THAT REGARD THAT THE FACT THAT A BODY CARRYING OUT ECONOMIC ACTIVITIES OF AN INDUSTRIAL OR COMMERCIAL NATURE IS INTEGRATED INTO THE STATE ADMINISTRATION AND DOES NOT HAVE LEGAL PERSONALITY SEPARATE THEREFROM DOES NOT PREVENT THE EXISTENCE OF FINANCIAL RELATIONS BETWEEN THE STATE AND THAT BODY . THROUGH THE MECHANISM OF BUDGETARY APPROPRIATIONS, THE STATE DISPOSES BY DEFINITION OF THE POWER TO INFLUENCE THE ECONOMIC MANAGEMENT OF THE UNDERTAKING, PERMITTING IT TO GRANT COMPENSATION FOR OPERATING LOSSES AND TO MAKE NEW FUNDS AVAILABLE TO THE UNDERTAKING, AND MAY THEREFORE PERMIT THAT UNDERTAKING TO CARRY OUT ITS ACTIVITIES INDEPENDENTLY OF THE RULES OF NORMAL COMMERCIAL MANAGEMENT, WHICH IS PRECISELY THE SITUATION WHICH THE DIRECTIVE SEEKS TO MAKE TRANSPARENT .
Commission of the European Communities v Italian Republic.
Date: 1987-06-16
7 IN DECIDING THIS QUESTION IT MUST BE BORNE IN MIND THAT, AS A DEROGATION FROM THE FUNDAMENTAL PRINCIPLE THAT WORKERS IN THE COMMUNITY SHOULD ENJOY FREEDOM OF MOVEMENT AND NOT SUFFER DISCRIMINATION, ARTICLE 48 ( 4 ) MUST BE CONSTRUED IN SUCH A WAY AS TO LIMIT ITS SCOPE TO WHAT IS STRICTLY NECESSARY FOR SAFEGUARDING THE INTERESTS WHICH THAT PROVISION ALLOWS THE MEMBER STATES TO PROTECT .
9 IT MUST BE HELD THAT THE CONDITIONS DEFINED IN THE COURT' S CASE-LAW, IN PARTICULAR IN THE JUDGMENT OF 17 DECEMBER 1980 IN CASE 149/79 COMMISSION V BELGIUM (( 1980 )) ECR 3881, WHICH A POST MUST SATISFY IN ORDER FOR IT TO BE REGARDED AS EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE EEC TREATY ARE NOT FULFILLED IN THIS CASE . SIMPLY REFERRING TO THE GENERAL TASKS OF THE CNR AND LISTING THE DUTIES OF ALL ITS RESEARCHERS IS NOT SUFFICIENT TO ESTABLISH THAT THE RESEARCHERS ARE RESPONSIBLE FOR EXERCISING POWERS CONFERRED BY PUBLIC LAW OR FOR SAFEGUARDING THE GENERAL INTERESTS OF THE STATE . ONLY THE DUTIES OF MANAGEMENT OR OF ADVISING THE STATE ON SCIENTIFIC AND TECHNICAL QUESTIONS COULD BE DESCRIBED AS EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ). HOWEVER, IT HAS NOT BEEN ESTABLISHED THAT THOSE DUTIES WERE CARRIED OUT BY CNR RESEARCHERS .
Commission of the European Communities v Italian Republic.
Date: 1987-06-17
6 IT MUST BE EMPHASIZED, HOWEVER, THAT ACCORDING TO SETTLED CASE-LAW, REPEATED INTER ALIA IN THE JUDGMENT OF 7 FEBRUARY 1973 ( CASE 39/72 COMMISSION V ITALY (( 1973 )) ECR 111, AT P . 112 ), THE OBJECT OF AN ACTION UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION, AND EVEN WHEN THE DEFAULT HAS BEEN REMEDIED AFTER THE TIME-LIMIT PRESCRIBED BY PARAGRAPH 2 OF THE SAME ARTICLE, PURSUIT OF THE ACTION STILL HAS AN OBJECT . THAT OBJECT MAY CONSIST IN PARTICULAR IN ESTABLISHING THE BASIS OF THE LIABILITY THAT A MEMBER STATE COULD INCUR TOWARDS THOSE WHO ACQUIRE RIGHTS AS A RESULT OF ITS DEFAULT .
Coöperatieve Melkproducentenbedrijven Noord-Nederland BA ("Frico") and others v Voedselvoorzienings In- en Verkoopbureau.
Date: 1987-06-17
33 AS REGARDS THE FIRST POINT, IT MUST BE POINTED OUT THAT ARTICLE 10 ( 2 ) OF REGULATION ( EEC ) NO 985/68 OF THE COUNCIL AUTHORIZES THE COMMISSION TO AMEND THE AMOUNT OF AID FOR THE PRIVATE STORAGE OF BUTTER "IF THE STATE OF THE MARKET SO REQUIRES ". IF IT FOUND THAT LARGE PRIVATE STOCKS OF BUTTER WERE ACCUMULATING IN MEMBER STATES WITH LOW INTEREST RATES, THE COMMISSION WAS ENTITLED TO ASSESS THE SITUATION IN A DIFFERENT WAY THAN SEVERAL MONTHS BEFORE . IT IS ESTABLISHED CASE-LAW ( SEE IN PARTICULAR THE JUDGMENT OF 15 JULY 1982 IN CASE 245/81 EDEKA ZENTRALE AG V FEDERAL REPUBLIC OF GERMANY (( 1982 )) ECR 2745 AND THE JUDGMENT OF 28 OCTOBER 1982 IN CASE 52/81 FIRMA WERNER FAUST V COMMISSION (( 1982 )) ECR 3745 ) THAT TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY THE INSTITUTIONS OF THE COMMUNITY IN THE EXERCISE OF THEIR POWER OF APPRAISAL WILL BE MAINTAINED . A REDUCTION OF THE INTEREST RATE TAKEN INTO ACCOUNT FOR THE REIMBURSEMENT OF THE COSTS OF FINANCING STORAGE WAS THUS A POSSIBILITY THAT A PRUDENT TRADER SHOULD HAVE TAKEN INTO CONSIDERATION, ESPECIALLY IN AN AREA SUCH AS THE COMMON ORGANIZATION OF THE MARKETS WHOSE PURPOSE INVOLVES CONSTANT ADJUSTMENTS TO CHANGES IN THE ECONOMIC SITUATION .
Jean Borrie Clarke v Chief Adjudication Officer.
Date: 1987-06-24
9 IT SHOULD BE NOTED, AS THE COURT HELD IN ITS JUDGMENTS OF 4 DECEMBER 1986 IN CASE 71/85 FNV (( 1986 )) ECR AND OF 24 MARCH 1987 IN CASE 286/85 MC DERMOTT AND COTTER (( 1987 )) ECR , THAT STANDING BY ITSELF, AND IN THE LIGHT OF THE OBJECTIVE AND CONTENTS OF THE DIRECTIVE, ARTICLE 4*(1 ) IS SUFFICIENTLY PRECISE TO BE RELIED UPON IN LEGAL PROCEEDINGS AND APPLIED BY A COURT . MOREOVER, WHILST ARTICLE 5 OF THE DIRECTIVE LEAVES TO THE MEMBER STATES A DISCRETION WITH REGARD TO METHODS, IT PRESCRIBES THE RESULT WHICH THOSE METHODS MUST ACHIEVE, NAMELY THE ABOLITION OF ANY PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT .
10 FURTHERMORE, IT MUST BE EMPHASIZED THAT THE DIRECTIVE DOES NOT PROVIDE FOR ANY DEROGATION FROM THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN ARTICLE 4*(1 ) IN ORDER TO AUTHORIZE THE EXTENSION OF THE DISCRIMINATORY EFFECTS OF EARLIER PROVISIONS OF NATIONAL LAW . IT FOLLOWS THAT A MEMBER STATE MAY NOT MAINTAIN BEYOND 22 DECEMBER 1984 ANY INEQUALITIES OF TREATMENT WHICH HAVE THEIR ORIGIN IN THE FACT THAT THE CONDITIONS FOR ENTITLEMENT TO BENEFIT ARE THOSE WHICH APPLIED BEFORE THAT DATE . THAT IS SO NOTWITHSTANDING THE FACT THAT THOSE INEQUALITIES ARE THE RESULT OF TRANSITIONAL PROVISIONS ADOPTED AT THE TIME OF THE INTRODUCTION OF A NEW BENEFIT .
11 CONSEQUENTLY, ARTICLE 4*(1 ) OF THE DIRECTIVE IN NO WAY CONFERS ON MEMBER STATES THE POWER TO MAKE CONDITIONAL OR TO LIMIT THE APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT WITHIN ITS FIELD OF APPLICATION AND IT IS SUFFICIENTLY PRECISE AND UNCONDITIONAL TO ALLOW INDIVIDUALS, IN THE ABSENCE OF APPROPRIATE IMPLEMENTING MEASURES, TO RELY UPON IT BEFORE THE NATIONAL COURTS AS FROM 23 DECEMBER 1984 IN ORDER TO PRECLUDE THE APPLICATION OF ANY PROVISION OF NATIONAL LAW INCONSISTENT WITH THAT ARTICLE .
12 AS IS ALSO APPARENT FROM THE JUDGMENTS OF 4 DECEMBER 1986 IN FNV AND OF 24 MARCH 1987 IN MCDERMOTT AND COTTER, IT FOLLOWS FROM ARTICLE 4*(1 ) OF THE DIRECTIVE THAT, AS FROM 23 DECEMBER 1984, WOMEN ARE ENTITLED TO BE TREATED IN THE SAME MANNER, AND TO HAVE THE SAME RULES APPLIED TO THEM, AS MEN WHO ARE IN THE SAME SITUATION, SINCE, WHERE THE DIRECTIVE HAS NOT BEEN IMPLEMENTED CORRECTLY, THOSE RULES REMAIN THE ONLY VALID POINT OF REFERENCE . IN THIS CASE, THAT MEANS THAT IF, AS FROM 23 DECEMBER 1984, A MAN IN THE SAME POSITION AS A WOMAN WAS AUTOMATICALLY ENTITLED TO THE NEW SEVERE DISABLEMENT ALLOWANCE UNDER THE AFORESAID TRANSITIONAL PROVISIONS WITHOUT HAVING TO RE-ESTABLISH HIS RIGHTS, A WOMAN WAS ALSO ENTITLED TO THAT ALLOWANCE WITHOUT HAVING TO SATISFY AN ADDITIONAL CONDITION APPLICABLE BEFORE THAT DATE EXCLUSIVELY TO MARRIED WOMEN .
Ministère public v Régis Lefèvre.
Date: 1987-07-02
6 FIRST, IT MUST BE BORNE IN MIND THAT IN PROCEEDINGS UNDER ARTICLE 177 OF THE EEC TREATY, THE COURT MAY NOT GIVE A RULING ON THE COMPATIBILITY OF A NATIONAL LEGISLATIVE PROVISION WITH COMMUNITY LAW . THE COURT MAY, HOWEVER, PROVIDE THE NATIONAL COURT WITH AN INTERPRETATION OF ALL RELEVANT POINTS OF COMMUNITY LAW SO AS TO ENABLE THAT COURT TO DETERMINE WHETHER THE NATIONAL PROVISIONS ARE COMPATIBLE WITH THE RULES OF COMMUNITY LAW REFERRED TO .
Commission of the European Communities v Italian Republic.
Date: 1987-07-07
5 IN THE PROCEEDINGS BEFORE THE COURT, THE ITALIAN GOVERNMENT STATED, WITHOUT BEING CONTRADICTED BY THE COMMISSION, THAT, IN VIEW OF THE ABSENCE OF A NETWORK OF INLAND WATERWAYS LINKING ITALY AND THE OTHER MEMBER STATES, DIRECTIVE 82/603/EEC DOES NOT REQUIRE ITALY TO IMPLEMENT ANY PROVISIONS EXTENDING THE SYSTEM IN QUESTION TO COMBINED ROAD AND RAIL TRANSPORT BY INLAND WATERWAY .
L'Étoile commerciale and Comptoir national technique agricole (CNTA) v Commission of the European Communities.
Date: 1987-07-07
11 IN THAT CONNECTION, IT MUST BE STATED THAT ACCORDING TO THE GENERAL PRINCIPLES ON WHICH THE INSTITUTIONAL SYSTEM OF THE COMMUNITY IS BASED AND WHICH GOVERN THE RELATIONS BETWEEN THE COMMUNITY AND THE MEMBER STATES, IT IS FOR THE MEMBER STATES, IN THE ABSENCE OF ANY CONTRARY PROVISION OF COMMUNITY LAW, TO ENSURE THAT COMMUNITY REGULATIONS, PARTICULARLY THOSE CONCERNING THE COMMON AGRICULTURAL POLICY, ARE IMPLEMENTED WITHIN THEIR TERRITORY ( SEE JUDGMENT OF 21 SEPTEMBER 1983 IN JOINED CASES 205 TO 215/82 DEUTSCHE MILCHKONTOR V GERMANY (( 1983 )) ECR 2633 ). AS REGARDS MORE PARTICULARLY FINANCING MEASURES ADOPTED UNDER THAT POLICY, IT IS INCUMBENT UPON THE MEMBER STATES, BY VIRTUE OF ARTICLE 8 OF REGULATION NO 729/70, TO TAKE THE MEASURES NECESSARY TO RECOVER SUMS LOST AS A RESULT OF IRREGULARITIES OR NEGLIGENCE .
12 AS REGARDS THE SYSTEM OF SUBSIDIES SET UP AS PART OF THE COMMON ORGANIZATION OF THE MARKETS WITH WHICH THIS CASE IS CONCERNED, IT IS THEREFORE FOR THE NATIONAL AUTHORITIES TO IMPLEMENT THE COMMUNITY REGULATIONS AND TO TAKE THE NECESSARY INDIVIDUAL DECISIONS REGARDING THE TRADERS CONCERNED . IN DOING SO, THE MEMBER STATES ACT IN ACCORDANCE WITH THE RULES AND PROCEDURES LAID DOWN IN NATIONAL LEGISLATION, SUBJECT TO THE LIMITS IMPOSED BY COMMUNITY LAW ( SEE JUDGMENT OF 6 JUNE 1972 IN CASE 94/71 SCHLUETER V HAUPTZOLLAMT HAMBURG (( 1972 )) ECR 307, AND DEUTSCHE MILCHKONTOR V GERMANY, SUPRA ).
17 IT MUST BE BORNE IN MIND THAT THE COMBINED PROVISIONS OF ARTICLES 178 AND 215 OF THE TREATY GIVE JURISDICTION TO THE COURT ONLY TO AWARD COMPENSATION FOR DAMAGE CAUSED BY THE COMMUNITY INSTITUTIONS OR BY THEIR SERVANTS IN THE PERFORMANCE OF THEIR DUTIES OR, IN OTHER WORDS, FOR DAMAGE CAPABLE OF GIVING RISE TO NON-CONTRACTUAL LIABILITY ON THE PART OF THE COMMUNITY . DAMAGE CAUSED BY NATIONAL INSTITUTIONS, ON THE OTHER HAND, CAN GIVE RISE TO LIABILITY ONLY ON THE PART OF THOSE INSTITUTIONS AND THE NATIONAL COURTS RETAIN SOLE JURISDICTION TO ORDER COMPENSATION FOR SUCH DAMAGE ( SEE JUDGMENT OF 26 FEBRUARY 1986 IN CASE 175/84 KROHN & CO . V COMMISSION OF THE EUROPEAN COMMUNITIES (( 1986 )) ECR 753 ).
Ingfried Hochbaum and Edward Rawes v Commission of the European Communities.
Date: 1987-07-09
22 AS REGARDS THE CLAIM FOR DAMAGES IN CASE 44/85, THE CANCELLATIONS IN THEMSELVES ADEQUATELY COMPENSATE FOR ANY NON-MATERIAL DAMAGE WHICH MR HOCHBAUM MAY HAVE SUFFERED IN THE CIRCUMSTANCES . THE CLAIM FOR DAMAGES IS THEREFORE DEVOID OF PURPOSE AND NO DECISION NEED BE GIVEN ON IT .
Federal Republic of Germany and others v Commission of the European Communities.
Date: 1987-07-09
14 CONSEQUENTLY, WHILST ARTICLE 118 OF THE EEC TREATY DOES NOT ENCROACH UPON THE MEMBER STATES' POWERS IN THE SOCIAL FIELD IN SO FAR AS THE LATTER IS NOT COVERED BY OTHER PROVISIONS OF THE TREATY, SUCH AS, FOR EXAMPLE, THE PROVISIONS ON THE FREE MOVEMENT OF WORKERS, THE COMMON AGRICULTURAL POLICY OR THE COMMON TRANSPORT POLICY, IT NEVERTHELESS PROVIDES THAT THOSE POWERS MUST BE EXERCISED IN THE FRAMEWORK OF COOPERATION BETWEEN MEMBER STATES, WHICH IS TO BE ORGANIZED BY THE COMMISSION .
Marco Castagnoli v Commission of the European Communities.
Date: 1987-07-09
10 IT SHOULD BE NOTED THAT THE MAIN PURPOSE OF MR CASTAGNOLI' S COMPLAINT WAS TO CHALLENGE HIS RECRUITMENT AS A MEMBER OF THE AUXILIARY STAFF . HOWEVER, THAT DESCRIPTION OF HIS STATUS HAD BEEN EXPRESSLY AGREED UPON IN THE INITIAL CONTRACT OF EMPLOYMENT .
11 THAT DESCRIPTION WAS NEVER ALTERED, EITHER IN THE SUCCESSIVE RENEWALS OF HIS CONTRACT OF EMPLOYMENT OR IN THE LETTER OF 22 JANUARY 1985, IN WHICH THE COMMISSION MERELY COMMUNICATED TO HIM THE DATE ON WHICH HIS EMPLOYMENT WAS FINALLY TO CEASE . IT MUST THEREFORE BE CONCLUDED THAT THE ACT ADVERSELY AFFECTING MR CASTAGNOLI WAS THE CONTRACT OF EMPLOYMENT SIGNED ON 20 FEBRUARY 1984 .
Commission of the European Communities v Kingdom of Belgium.
Date: 1987-07-09
6 IT HAS BEEN CONSISTENTLY HELD BY THE COURT THAT THE PURPOSE OF ARTICLE 95, AS A WHOLE, IS TO ENSURE THE FREE MOVEMENT OF GOODS BETWEEN THE MEMBER STATES UNDER NORMAL CONDITIONS OF
COMPETITION, BY ELIMINATING ALL FORMS OF PROTECTION WHICH MIGHT RESULT FROM THE APPLICATION OF DISCRIMINATORY INTERNAL TAXATION AGAINST PRODUCTS FROM OTHER MEMBER STATES, AND TO GUARANTEE ABSOLUTE NEUTRALITY OF INTERNAL TAXATION AS REGARDS COMPETITION BETWEEN DOMESTIC AND IMPORTED PRODUCTS .
7 AGAINST THAT BACKGROUND, THE SECOND PARAGRAPH OF ARTICLE 95 IS MORE SPECIFICALLY INTENDED TO PREVENT ANY FORM OF INDIRECT FISCAL PROTECTIONISM AFFECTING IMPORTED PRODUCTS WHICH, ALTHOUGH NOT SIMILAR, WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95, TO DOMESTIC PRODUCTS, ARE NEVERTHELESS IN A COMPETITIVE RELATIONSHIP WITH SOME OF THEM, EVEN IF ONLY PARTIALLY, INDIRECTLY OR POTENTIALLY .
10 IN ITS JUDGMENTS OF 27 FEBRUARY 1980 AND 12 JULY 1983 ( CASE 170/78 COMMISSION V UNITED KINGDOM (( 1980 )) ECR 417 AND (( 1983 ))
ECR 2265 ), THE COURT HELD THAT WINE AND BEER WERE, TO A CERTAIN EXTENT, CAPABLE OF MEETING IDENTICAL NEEDS, SO THAT IT HAD TO BE ACKNOWLEDGED THAT THERE WAS A DEGREE OF SUBSTITUTION FOR ONE ANOTHER . THE COURT MADE IT CLEAR IN THOSE JUDGMENTS THAT IN VIEW OF THE SUBSTANTIAL DIFFERENCES IN THE QUALITY AND, THEREFORE, IN THE PRICE OF WINES, THE DECISIVE COMPETITIVE RELATIONSHIP BETWEEN BEER, A POPULAR AND WIDELY CONSUMED BEVERAGE, AND WINE MUST BE ESTABLISHED BY REFERENCE TO THOSE WINES WHICH ARE THE MOST ACCESSIBLE TO THE PUBLIC AT LARGE, THAT IS TO SAY, GENERALLY SPEAKING, THE LIGHTEST AND CHEAPEST VARIETIES, AND THAT THAT IS ACCORDINGLY THE APPROPRIATE BASIS FOR MAKING FISCAL COMPARISONS .
11 THOSE CONSIDERATIONS ARE ALSO APPLICABLE IN THIS CASE, SINCE NOTHING IN THE DOCUMENTS BEFORE THE COURT INDICATES ANY FEATURE SPECIFIC TO THE BELGIAN MARKET WHICH MIGHT JUSTIFY A DIFFERENT APPROACH . CONSEQUENTLY, ONLY COMMONLY CONSUMED WINES, WHICH IN GENERAL ARE CHEAP WINES, HAVE ENOUGH CHARACTERISTICS IN COMMON WITH BEER TO CONSTITUTE AN ALTERNATIVE CHOICE FOR CONSUMERS AND MAY THEREFORE BE REGARDED AS BEING IN COMPETITION WITH BEER FOR THE PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 95 OF THE TREATY .
THE PROTECTIVE NATURE OF THE TAX SYSTEM
15 IT FOLLOWS THAT ANY ASSESSMENT OF THE COMPATIBILITY OF A GIVEN TAX WITH THE SECOND PARAGRAPH OF ARTICLE 95 MUST TAKE ACCOUNT OF THE IMPACT OF THAT TAX ON THE COMPETITIVE RELATIONSHIP BETWEEN THE PRODUCTS CONCERNED . THE ESSENTIAL QUESTION IS THEREFORE WHETHER OR NOT THE TAX IS OF SUCH A KIND AS TO HAVE THE EFFECT, ON THE MARKET IN QUESTION, OF REDUCING POTENTIAL CONSUMPTION OF IMPORTED PRODUCTS TO THE ADVANTAGE OF COMPETING DOMESTIC PRODUCTS .
SA Constructions et entreprises industrielles (CEI) and others v Société coopérative "Association intercommunale pour les autoroutes des Ardennes" and others.
Date: 1987-07-09
15 THE DIRECTIVE THEREFORE DOES NOT LAY DOWN A UNIFORM AND EXHAUSTIVE BODY OF COMMUNITY RULES . WITHIN THE FRAMEWORK OF THE COMMON RULES WHICH IT CONTAINS, THE MEMBER STATES REMAIN FREE TO MAINTAIN OR ADOPT SUBSTANTIVE AND PROCEDURAL RULES IN REGARD TO PUBLIC WORKS CONTRACTS ON CONDITION THAT THEY COMPLY WITH ALL THE RELEVANT PROVISIONS OF COMMUNITY LAW AND, IN PARTICULAR, THE PROHIBITIONS FLOWING FROM THE PRINCIPLES LAID DOWN IN THE TREATY IN REGARD TO THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES .
17 IN THOSE CIRCUMSTANCES, IT MUST BE HELD THAT AS COMMUNITY LAW NOW STANDS, THERE IS NO REASON WHY THE MEMBER STATES, IN THE CONTEXT OF THEIR POWERS IN REGARD TO PUBLIC WORKS CONTRACTS, SHOULD NOT FIX A MAXIMUM VALUE FOR WORKS WHICH MAY BE CARRIED OUT AT ONE TIME .
22 THE HARMONIZATION OF OFFICIAL LISTS OF RECOGNIZED CONTRACTORS PROVIDED FOR IN ARTICLE 28 ( 1 ) IS THEREFORE OF LIMITED SCOPE . IT CONCERNS IN PARTICULAR REFERENCES ATTESTING TO THE FINANCIAL AND ECONOMIC STANDING OF CONTRACTORS AND THEIR TECHNICAL KNOWLEDGE AND ABILITY . ON THE OTHER HAND, THE CRITERIA FOR THEIR CLASSIFICATION ARE NOT HARMONIZED .
Giancarlo Laborero and Francesca Sabato v Office de sécurité sociale d'outre-mer (OSSOM).
Date: 1987-07-09
25 SINCE THE DECISIVE CRITERION IS THE AFFILIATION OF AN INSURED PERSON TO A SOCIAL SECURITY SCHEME OF A MEMBER STATE, THE FACT THAT THE INSURANCE PERIODS COMPLETED UNDER THAT SCHEME WERE COMPLETED IN NON-MEMBER COUNTRIES IS UNIMPORTANT .
Commission of the European Communities v Kingdom of the Netherlands.
Date: 1987-09-17
15 IT SHOULD FIRST BE OBSERVED THAT THE PROVISIONS OF NETHERLANDS LAW WHICH WERE ADOPTED AFTER THE DATE ON WHICH THE ACTION WAS BROUGHT CANNOT BE TAKEN INTO ACCOUNT . FURTHERMORE, EVEN ON THE ASSUMPTION THAT THE SCOPE OF THE REMAINING PROVISIONS IS AS DESCRIBED BY THE NETHERLANDS GOVERNMENT, NOT ONLY DO THEY RELATE ONLY TO MINING BUT, EVEN IN THAT DOMAIN, THEY ARE SO VAGUE IN DEFINING THE CONDITIONS FOR THE GRANT OF AUTHORIZATION THAT THEY CANNOT BE SAID TO GIVE EFFECT TO ARTICLE 4*(3 ) OF THE DIRECTIVE WITH SUFFICIENT PRECISION OR CLARITY TO SATISFY FULLY THE DEMANDS OF LEGAL CERTAINTY . IT FOLLOWS THAT THIS HEAD OF CLAIM MUST BE UPHELD .