larimo/cjeu-paragraph-retrieval huggingface dataset:
Société Roquette Frères v Council of the European Communities.
Date: 1982-09-30
7 AS THE COURT HELD IN ITS JUDGMENT OF 26 FEBRUARY 1981 IN CASE 64/80 F . GIUFFRIDA AND G . CAMPOGRANDE ( 1981 ) ECR 693 , A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE MORE OR LESS EXACTLY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN QUESTION IN RELATION TO ITS PURPOSE .
Diamalt AG v European Economic Community.
Date: 1982-10-06
1 THE INTERLOCUTORY JUDGMENT OF THE COURT OF 4 OCTOBER 1979 IN JOINED CASES 261 AND 262/78 ( INTERQUELL STARKE-CHEMIE AND DIAMALT V COUNCIL AND COMMISSION ( 1979 ) ECR 3045 ) ORDERED THE EUROPEAN ECONOMIC COMMUNITY TO PAY THE TWO APPLICANTS , AS DAMAGES FOR WHICH IT WAS NON-CONTRACTUALLY LIABLE , THE AMOUNTS EQUIVALENT TO THE PRODUCTION REFUNDS ON QUELLMEHL INTENDED FOR USE IN THE BAKERY INDUSTRY WHICH EACH OF THOSE UNDERTAKINGS     WOULD HAVE BEEN ENTITLED TO RECEIVE IF , DURING THE PERIOD FROM 1 AUGUST 1974 TO 19 OCTOBER 1977 , THE USE OF MAIZE FOR THE PRODUCTION OF QUELLMEHL HAD CONFERRED AN ENTITLEMENT TO THE SAME REFUNDS AS THE USE OF MAIZE FOR THE MANUFACTURE OF STARCH . THE COURT FURTHER ORDERED THAT INTEREST AT 6% SHOULD BE PAID ON THE SAID AMOUNTS AS FROM THE DATE OF JUDGMENT AND THAT THE PARTIES SHOULD INFORM THE COURT WITHIN 12 MONTHS OF THE AMOUNTS OF COMPENSATION ARRIVED AT BY AGREEMENT . IN THE ABSENCE OF AGREEMENT THE PARTIES WERE TO TRANSMIT TO THE COURT WITHIN THE SAME PERIOD A STATEMENT OF THEIR VIEWS , WITH SUPPORTING FIGURES . THE COSTS WERE RESERVED .
5 THE QUESTION ON WHICH THE PARTIES IN THE DIAMALT CASE SEEK THE COURT ' S RULING CONCERNS THE INTERPRETATION OF THE INTERLOCUTORY JUDGMENT OF 4 OCTOBER 1979 .
7 THAT RESTRICTION IN THE OPERATIVE PART MUST BE COMPARED WITH PARAGRAPH 10 OF THE DECISION , ACCORDING TO WHICH ' ' IT 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 ' ' .
8 IT FOLLOWS THAT THE INTERLOCUTORY JUDGMENT OF 4 OCTOBER 1979 MUST BE UNDERSTOOD TO MEAN THAT THE COURT THEREBY REJECTED THE APPLICANTS '  CLAIMS IN RELATION TO QUELLMEHL INTENDED FOR PURPOSES OTHER THAN BREAD-MAKING .
Coditel SA, Compagnie générale pour la diffusion de la télévision, and others v Ciné-Vog Films SA and others.
Date: 1982-10-06
11 IN THIS REGARD , AS THE COURT HELD IN ITS JUDGMENT OF 18 MARCH 1980 ( CODITEL V CINE-VOG FILMS ( 1980 ) ECR 881 ), THE PROBLEMS INVOLVED IN THE OBSERVANCE OF A FILM PRODUCER ' S RIGHTS IN RELATION TO THE REQUIREMENTS OF THE TREATY ARE NOT THE SAME AS THOSE WHICH ARISE IN CONNECTION WITH LITERARY AND ARTISTIC WORKS THE PLACING OF WHICH AT THE DISPOSAL OF THE PUBLIC IS INSEPARABLE FROM THE CIRCULATION OF THE MATERIAL FORM OF THE WORKS , AS IN THE CASE OF BOOKS OR RECORDS , WHEREAS THE FILM BELONGS TO THE CATEGORY OF LITERARY AND ARTISTIC WORKS MADE AVAILABLE TO THE PUBLIC BY PERFORMANCES WHICH MAY BE INFINITELY     REPEATED AND THE COMMERCIAL EXPLOITATION OF WHICH COMES UNDER THE MOVEMENT OF SERVICES , NO MATTER WHETHER THE MEANS WHEREBY IT IS SHOWN TO THE PUBLIC BE THE CINEMA OR TELEVISION .
15 HOWEVER , THE MERE FACT THAT THE OWNER OF THE COPYRIGHT IN A FILM HAS GRANTED TO A SOLE LICENSEE THE EXCLUSIVE RIGHT TO EXHIBIT THAT FILM IN THE TERRITORY OF A MEMBER STATE AND , CONSEQUENTLY , TO PROHIBIT , DURING A SPECIFIED PERIOD , ITS SHOWING BY OTHERS , IS NOT SUFFICIENT TO JUSTIFY THE FINDING THAT SUCH A CONTRACT MUST BE REGARDED AS THE PURPOSE , THE MEANS OR THE RESULT OF AN AGREEMENT , DECISION OR CONCERTED PRACTICE PROHIBITED BY THE TREATY .
16 THE CHARACTERISTICS OF THE CINEMATOGRAPHIC INDUSTRY AND OF ITS MARKETS IN THE COMMUNITY , ESPECIALLY THOSE RELATING TO DUBBING AND SUBTITLING FOR THE BENEFIT OF DIFFERENT LANGUAGE GROUPS , TO THE POSSIBILITIES OF TELEVISION BROADCASTS , AND TO THE SYSTEM OF FINANCING CINEMATOGRAPHIC PRODUCTION IN EUROPE SERVE TO SHOW THAT AN EXCLUSIVE EXHIBITION LICENCE IS NOT , IN ITSELF , SUCH AS TO PREVENT , RESTRICT OR DISTORT COMPETITION .
Alusuisse Italia SpA v Council and Commission of the European Communities.
Date: 1982-10-06
8 NEVERTHELESS AN ACTION BROUGHT BY AN INDIVIDUAL IS NOT ADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST A REGULATION HAVING GENERAL APPLICATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , THE TEST FOR DISTINGUISHING BETWEEN A REGULATION AND A DECISION , ACCORDING TO THE SETTLED CASE-LAW OF THE COURT , BEING WHETHER OR NOT THE MEASURE IN QUESTION HAS GENERAL APPLICATION . IT IS THEREFORE NECESSARY TO APPRAISE THE NATURE OF THE CONTESTED MEASURES AND IN PARTICULAR THE LEGAL EFFECTS WHICH THEY ARE INTENDED TO PRODUCE OR IN FACT PRODUCE .
9 IN THAT CONNECTION IT SHOULD BE BORNE IN MIND THAT THE REGULATIONS AT ISSUE HAVE AS THEIR OBJECT THE IMPOSITION OF AN ANTI-DUMPING DUTY ON ALL IMPORTS OF ORTHOXYLENE ORIGINATING IN THE UNITED STATES OF AMERICA AND PUERTO RICO , SUBJECT TO CERTAIN EXEMPTIONS LAID DOWN FOR PRODUCTS EXPORTED BY UNDERTAKINGS EXPRESSLY NAMED . CONSEQUENTLY , SUCH MEASURES CONSTITUTE , AS REGARDS INDEPENDENT IMPORTERS WHO , IN CONTRAST TO EXPORTERS , ARE NOT EXPRESSLY NAMED IN THE REGULATIONS , MEASURES HAVING GENERAL APPLICATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , BECAUSE THEY APPLY TO OBJECTIVELY DETERMINED SITUATIONS AND ENTAIL LEGAL EFFECTS FOR CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT .
Norddeutsches Vieh- und Fleischkontor Herbert Will, Trawako, Transit-Warenhandels-Kontor GmbH & Co., and Gedelfi, Großeinkauf GmbH & Co., v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1982-10-13
22 THE QUESTION WHETHER THE SYSTEM IN QUESTION IS COMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL IS BEST EXAMINED IN CONNECTION WITH THE FOURTH QUESTION SUBMITTED BY THE NATIONAL COURT . AS REGARDS THE ALLEGED BREACH OF THE PROHIBITION OF STATE AIDS , IT MUST BE NOTED THAT ARTICLES 92 TO 94 OF THE EEC TREATY COVER ' ' AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES IN ANY FORM WHATSOEVER ' ' . THE FINANCIAL ADVANTAGE WHICH TRADERS DERIVE FROM RECEIVING A SHARE IN THE QUOTA IS NOT GRANTED THROUGH STATE RESOURCES BUT THROUGH COMMUNITY RESOURCES BECAUSE THE LEVY WHICH IS WAIVED IS PART OF COMMUNITY RESOURCES . ALTHOUGH THE TERM ' ' AID GRANTED THROUGH STATE RESOURCES ' '  IS WIDER THAN THE TERM ' ' STATE AID ' ' , THE FIRST TERM STILL PRESUPPOSES THAT THE RESOURCES FROM WHICH THE AID IS GRANTED COME FROM THE MEMBER STATE .
Wilfried Wolf v Hauptzollamt Düsseldorf.
Date: 1982-10-26
8 AS THE COURT POINTED OUT IN THE HORVATH JUDGMENT CITED ABOVE , DRUGS SUCH AS MORPHINE , HEROIN AND COCAINE DISPLAY SPECIAL FEATURES IN SO FAR AS THEIR HARMFULNESS IS GENERALLY RECOGNIZED AND THEIR IMPORTATION AND MARKETING ARE PROHIBITED IN ALL THE MEMBER STATES , EXCEPT IN TRADE WHICH IS STRICTLY CONTROLLED AND LIMITED TO AUTHORIZED USE FOR PHARMACEUTICAL AND MEDICAL PURPOSES .
9 THIS LEGAL POSITION IS IN CONFORMITY WITH THE SINGLE CONVENTION ON NARCOTIC DRUGS , 1961 , ( UNITED NATIONS TREATY SERIES 520 , NO 7515 ), TO WHICH ALL THE MEMBER STATES ARE NOW PARTIES . IN THE PREAMBLE TO THAT CONVENTION THE PARTIES STATE THAT ADDICTION TO NARCOTIC DRUGS CONSTITUTES A SERIOUS EVIL FOR THE INDIVIDUAL AND IS FRAUGHT WITH SOCIAL AND ECONOMIC DANGER TO MANKIND ; THEY DECLARE THAT THEY ARE CONSCIOUS OF THEIR DUTY TO PREVENT AND COMBAT THAT EVIL , WHILST RECOGNIZING THAT THE MEDICAL USE OF NARCOTIC DRUGS IS INDISPENSABLE FOR THE RELIEF OF PAIN AND THAT ADEQUATE PROVISION MUST BE MADE TO ENSURE THE AVAILABILITY OF NARCOTIC DRUGS FOR SUCH PURPOSES . PURSUANT TO ARTICLE 4 OF THE CONVENTION THE PARTIES ARE TO TAKE ALL THE MEASURES NECESSARY TO LIMIT EXCLUSIVELY TO MEDICAL AND SCIENTIFIC PURPOSES THE PRODUCTION , MANUFACTURE , EXPORT , IMPORT , DISTRIBUTION OF , TRADE IN , USE AND POSSESSION OF DRUGS .
10 AS A RESULT , DRUGS WHICH ARE NOT CONFINED WITHIN CHANNELS OF DISTRIBUTION STRICTLY CONTROLLED BY THE COMPETENT AUTHORITIES FOR USE FOR MEDICAL AND SCIENTIFIC PURPOSES ARE SUBJECT , BY DEFINITION , TO A TOTAL PROHIBITION OF IMPORTATION AND DISTRIBUTION IN ALL THE MEMBER STATES .
Senta Einberger v Hauptzollamt Freiburg.
Date: 1982-10-26
8 AS THE COURT POINTED OUT IN THE HORVATH JUDGMENT CITED ABOVE , DRUGS SUCH AS MORPHINE , HEROIN AND COCAINE DISPLAY SPECIAL FEATURES IN SO FAR AS THEIR HARM    FULNESS IS GENERALLY RECOGNIZED AND THEIR IMPORTATION AND MARKETING ARE PROHIBITED IN ALL THE MEMBER STATES , EXCEPT IN TRADE WHICH IS STRICTLY CONTROLLED AND LIMITED TO AUTHORIZED USE FOR PHARMACEUTICAL AND MEDICAL PURPOSES .
9 THIS LEGAL POSITION IS IN CONFORMITY WITH THE SINGLE CONVENTION ON NARCOTIC DRUGS , 1961 , ( UNITED NATIONS TREATY SERIES 520 , NO 7515 ), TO WHICH ALL THE MEMBER STATES ARE NOW PARTIES . IN THE PREAMBLE TO THAT CONVENTION THE PARTIES STATE THAT ADDICTION TO NARCOTIC DRUGS CONSTITUTES A SERIOUS EVIL FOR THE INDIVIDUAL AND IS FRAUGHT WITH SOCIAL AND ECONOMIC DANGER TO MANKIND ; THEY DECLARE THAT THEY ARE CONSCIOUS OF THEIR DUTY TO PREVENT AND COMBAT THAT EVIL , WHILST RECOGNIZING THAT THE MEDICAL USE OF NARCOTIC DRUGS IS INDISPENSABLE FOR THE RELIEF OF PAIN AND THAT ADEQUATE PROVISION MUST BE MADE TO ENSURE THE AVAILABILITY OF NARCOTIC DRUGS FOR SUCH PURPOSES . PURSUANT TO ARTICLE 4 OF THE CONVENTION THE PARTIES ARE TO TAKE ALL THE MEASURES NECESSARY TO LIMIT EXCLUSIVELY TO MEDICAL AND SCIENTIFIC PURPOSES THE PRODUCTION , MANUFACTURE , EXPORT , IMPORT , DISTRIBUTION OF , TRADE IN , USE AND POSSESSION OF DRUGS .
10 AS A RESULT , DRUGS WHICH ARE NOT CONFINED WITHIN CHANNELS OF DISTRIBUTION STRICTLY CONTROLLED BY THE COMPETENT AUTHORITIES FOR USE FOR MEDICAL AND SCIENTIFIC PURPOSES ARE SUBJECT , BY DEFINITION , TO A TOTAL PROHIBITION OF IMPORTATION AND DISTRIBUTION IN ALL THE MEMBER STATES .
15 MOREOVER , THERE IS NO JUSTIFICATION FOR MAKING A DISTINCTION IN THAT REGARD BETWEEN DRUGS WHICH HAVE NOT BEEN DISCOVERED AND THOSE WHICH ARE DESTROYED UNDER THE CONTROL OF THE COMPETENT AUTHORITIES , SINCE IF SUCH A DISTINCTION WERE MADE THE APPLICATION OF CUSTOMS DUTIES WOULD BE SUBJECT TO THE CHANCE OF DISCOVERY .
17 THIS FINDING IS WITHOUT PREJUDICE TO THE POWERS OF MEMBER STATES TO TAKE CRIMINAL PROCEEDINGS IN RESPECT OF CONTRAVENTIONS OF THEIR DRUGS LAWS AND TO IMPOSE APPROPRIATE PENALTIES , INCLUDING FINES .
Elestina Esselina Christina Morson v State of the Netherlands and Head of the Plaatselijke Politie within the meaning of the Vreemdelingenwet; Sweradjie Jhanjan v State of the Netherlands.
Date: 1982-10-27
8 AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 24 MAY 1977 IN CASE 107/76 HOFFMANN-LA ROCHE ( 1977 ) ECR 957 , THE PURPOSE OF ARTICLE 177 IS TO ENSURE THAT COMMUNITY LAW IS INTERPRETED AND APPLIED IN A UNIFORM MANNER IN ALL THE MEMBER STATES . VIEWED IN THAT LIGHT THE PARTICULAR PURPOSE OF THE THIRD PARAGRAPH OF ARTICLE 177 IS TO PREVENT A BODY OF NATIONAL CASE-LAW THAT IS NOT IN ACCORD WITH THE RULES OF COMMUNITY LAW FROM COMING INTO EXISTENCE IN ANY MEMBER STATE . THE REQUIREMENTS ARISING FROM THAT PURPOSE ARE OBSERVED AS REGARDS SUMMARY AND URGENT PROCEEDINGS SUCH AS THOSE IN THE PRESENT CASE , WHERE ORDINARY PROCEEDINGS AS TO THE SUBSTANCE , PERMITTING THE RE-EXAMINATION OF ANY QUESTION OF COMMUNITY LAW PROVISIONALLY DECIDED IN THE SUMMARY PROCEEDINGS , MUST BE INSTITUTED EITHER IN ALL THE CIRCUMSTANCES OR WHEN THE UNSUCCESSFUL PARTY SO REQUIRES .
15 IT IS HOWEVER CLEAR THAT ARTICLE 7 AND ARTICLE 48 MAY BE INVOKED ONLY WHERE THE CASE IN QUESTION COMES WITHIN THE AREA TO WHICH COMMUNITY LAW APPLIES , WHICH IN THIS CASE IS THAT CONCERNED WITH FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY . NOT ONLY DOES THAT CONCLUSION EMERGE FROM THE WORDING OF THOSE ARTICLES , BUT IT ALSO ACCORDS WITH THEIR PURPOSE , WHICH IS TO ASSIST IN THE ABOLITION OF ALL OBSTACLES TO THE ESTABLISHMENT OF A COMMON MARKET IN WHICH THE NATIONALS OF THE MEMBER STATES MAY MOVE FREELY WITHIN THE TERRITORY OF THOSE STATES IN ORDER TO PURSUE THEIR ECONOMIC ACTIVITIES .
16 IT FOLLOWS THAT THE TREATY PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS AND THE RULES ADOPTED TO IMPLEMENT THEM CANNOT BE APPLIED TO CASES WHICH HAVE NO FACTOR LINKING THEM WITH ANY OF THE SITUATIONS GOVERNED BY COMMUNITY LAW .
Offene Handelsgesellschaft in Firma Werner Faust v Commission of the European Communities.
Date: 1982-10-28
25 ALTHOUGH TAIWAN CERTAINLY APPEARS TO HAVE BEEN TREATED BY THE COMMISSION LESS FAVOURABLY THAN CERTAIN NON-MEMBER COUNTRIES , IT SHOULD BE REMEMBERED THAT THERE EXISTS IN THE TREATY NO GENERAL PRINCIPLE OBLIGING THE COMMUNITY , IN ITS EXTERNAL RELATIONS , TO ACCORD TO NON-MEMBER COUNTRIES EQUAL TREATMENT IN ALL RESPECTS . IT IS THUS NOT NECESSARY TO EXAMINE ON WHAT BASIS FAUST MIGHT SEEK TO RELY UPON THE PROHIBITION OF DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY CONTAINED IN ARTICLE 40 OF THE TREATY . IT NEED MERELY BE OBSERVED THAT , IF DIFFERENT TREATMENT OF NON-MEMBER COUNTRIES IS COMPATIBLE WITH COMMUNITY LAW , DIFFERENT TREATMENT ACCORDED TO TRADERS WITHIN THE COMMUNITY MUST ALSO BE REGARDED AS COMPATIBLE WITH COMMUNITY LAW , WHERE THAT DIFFERENT TREATMENT IS MERELY AN AUTOMATIC CONSEQUENCE OF THE DIFFERENT TREATMENT ACCORDED TO NON-MEMBER COUNTRIES WITH WHICH SUCH TRADERS HAVE ENTERED INTO COMMERCIAL RELATIONS .
27 THAT COMPLAINT MUST ALSO BE REJECTED . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE INSTITUTIONS WITHIN THE LIMITS OF THEIR DISCRETIONARY POWER WILL BE MAINTAINED . IN THE PRESENT CASE , THERE CAN BE NO QUESTION OF A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION , PARTICULARLY SINCE THE COMMERCIAL AGREEMENT ENTERED INTO ON 3 APRIL 1978 BETWEEN THE COMMUNITY AND THE PEOPLE ' S REPUBLIC OF CHINA , PUBLISHED IN THE OFFICIAL JOURNAL OF 11 MAY 1978 ( OFFICIAL JOURNAL 1978 , L 123 , P . 2 ) WAS OF SUCH A NATURE AS TO ALERT TRADERS TO AN IMMINENT CHANGE OF DIRECTION IN THE COMMUNITY ' S     COMMERCIAL POLICY AND , IN THE ABSENCE OF ANY OBLIGATION ON THE PART OF THE COMMUNITY TO ACCORD EQUAL TREATMENT TO NON-MEMBER COUNTRIES , NO INFORMED TRADER WAS ENTITLED TO EXPECT THAT PATTERS OF TRADE EXISTING WHEN THE PROTECTIVE MEASURES WERE ADOPTED WOULD BE RESPECTED .
Société Jean Lion et Cie, Société Loiret & Haentjens SA and others v Fonds d'intervention et de régularisation du marché du sucre (FIRS).
Date: 1982-10-28
24 IT IS APPROPRIATE TO POINT OUT IN THAT REGARD THAT , IN THE FIRST PLACE , THE FACT THAT REGULATION NO 3016/78 IS SPECIFIC TO THE SUGAR MARKET AND THAT APPARENTLY THERE ARE NO SIMILAR PROVISIONS FOR OTHER MARKET SECTORS CANNOT BE DESCRIBED AS DISCRIMINATION . IT IS SUFFICIENT TO NOTE THAT EACH OF THE COMMON ORGANIZATIONS OF THE MARKET EMBODIES FEATURES SPECIFIC TO IT AND THE ORGANIZATION OF THE MARKET IN SUGAR IS MOREOVER CHARACTERIZED BY THE PARTICULARLY COMPLEX NATURE OF ITS PROVISIONS . AS A RESULT , A COMPARISON OF THE TECHNICAL RULES AND PROCEDURES ADOPTED IN ORDER TO REGULATE THE VARIOUS SECTORS OF THE MARKET CANNOT CONSTITUTE A VALID BASIS FOR THE PURPOSE OF PROVING THE COMPLAINT OF DISCRIMINATION BETWEEN DISSIMILAR PRODUCTS , WHICH ARE SUBJECT TO DIFFERENT RULES AND WHICH , MOREOVER , IN NO WAY COMPETE WITH EACH OTHER .
Fernando Micheli and others v Commission of the European Communities.
Date: 1982-12-02
5 IT SHOULD , HOWEVER , BE RECALLED THAT THE CASE-LAW OF THE COURT SHOWS THAT , ALTHOUGH THE PRINCIPLE OF EQUALITY OF TREATMENT IS A GENERAL RULE FORMING PART OF THE LAW APPLICABLE TO THE EMPLOYEES OF THE COMMUNITIES , DISCRIMINATION OCCURS ONLY WHERE IDENTICAL OR COMPARABLE SITUATIONS ARE TREATED IN AN UNEQUAL WAY .
6 CONTRARY TO THE VIEW PUT FORWARD BY THE APPLICANTS , A BREACH OF THE PROHIBITION OF DISCRIMINATION OCCURS ONLY IN CASES OF UNEQUAL TREATMENT WHERE THE DISCRIMINATION IS NOT OBJECTIVELY JUSTIFIED . IN THIS CASE , HOWEVER , AS THE DEFENDANT CONTENDS , THE CLASSIFICATION IN CAREER BRACKET C 2/C 3 OF THE COMMISSION ' S OPERATORS OF INTERPRETATION EQUIPMENT IN LUXEMBOURG IS WARRANTED BY THE FACT THAT THEY ARE FEW IN NUMBER AND HENCE ARE BETTER ABLE TO REPLACE ONE ANOTHER , WHEREAS THE APPLICANTS BELONG TO A DEPARTMENT WHICH HAS A LARGER NUMBER OF OPERATORS . IN ADDITION , IT SHOULD BE RECALLED THAT EVERY     INSTITUTION IS RESPONSIBLE , WITHIN THE LIMITS LAID DOWN IN ARTICLES 5 AND 7 OF THE STAFF REGULATIONS AND IN ANNEXES I A AND I B THERETO , FOR DEFINING THE DUTIES AND POWERS ATTACHING TO EVERY BASIC POST .
Metallurgiki Halyps A.E. v Commission of the European Communities.
Date: 1982-12-09
8 IT APPEARS FROM THOSE PROVISIONS THAT THE ACT OF ACCESSION IS BASED ON THE PRINCIPLE THAT THE PROVISIONS OF COMMUNITY LAW APPLY AB INITIO AND IN TOTO TO NEW MEMBER STATES , DEROGATIONS BEING ALLOWED ONLY IN SO FAR AS THEY ARE EXPRESSLY LAID DOWN BY TRANSITIONAL PROVISIONS . NONE OF THE PROVISIONS MENTIONED BY THE APPLICANT HAS THE EFFECT OF DEROGATING FROM ARTICLE 58 OF THE ECSC TREATY .
Procureur de la République and Comité national de défense contre l'alcoolisme v Alex Waterkeyn and others ; Procureur de la République v Jean Cayard and others.
Date: 1982-12-14
16 THEREFORE THE ANSWER TO THE QUESTION SUBMITTED MUST BE THAT IF THE COURT FINDS IN PROCEEDINGS UNDER ARTICLES 169 TO 171 OF THE EEC TREATY THAT A MEMBER STATE ' S LEGISLATION IS INCOMPATIBLE WITH THE OBLIGATIONS WHICH IT HAS UNDER THE TREATY THE COURTS OF THAT STATE ARE BOUND BY VIRTUE OF ARTICLE 171 TO DRAW THE NECESSARY INFERENCES FROM THE JUDGMENT OF THE COURT . HOWEVER , IT SHOULD BE UNDERSTOOD THAT THE RIGHTS ACCRUING TO INDIVIDUALS DERIVE , NOT FROM THAT JUDGMENT , BUT FROM THE ACTUAL PROVISIONS OF COMMUNITY LAW HAVING DIRECT EFFECT IN THE INTERNAL LEGAL ORDER .
Monique Roumengous Carpentier v Commission of the European Communities.
Date: 1982-12-15
14 THE COMMISSION ' S ARGUMENT , IF IT WERE ACCEPTED , WOULD MEAN THAT AN OFFICIAL WHO CONSIDERED HIMSELF INJURED BY THE COUNCIL ' S DELAY IN ADJUSTING THE WEIGHTING WOULD HAVE HAD NOT MERELY TO SUBMIT A SERIES OF COMPLAINTS POSSIBLY STRETCHING OVER SEVERAL YEARS , BUT ALSO TO BRING A SERIES OF ACTIONS BEFORE THE COURT , OR RISK BEING TIME-BARRED . THAT ARGUMENT CANNOT BE UPHELD . THE FACTS OF CASE 15/73 ( KORTNER ( 1974 ) ECR 177 ) ON WHICH THE COMMISSION FOUNDS ITS ARGUMENT ARE IN NO WAY SIMILAR TO THOSE OF THE PRESENT CASE .
28 THAT ARGUMENT CANNOT BE UPHELD . IN FACT THE WORDING OF ARTICLE 65 ( 2 ) PRECLUDES ANY INTERPRETATION TO THE EFFECT THAT THE COUNCIL IS NOT OBLIGED TO ADJUST THE WEIGHTINGS WITHIN A PERIOD OF TWO MONTHS FOLLOWING ANY SUBSTANTIAL CHANGE IN THE COST OF LIVING . IT SHOULD BE REMEMBERED THAT THE COURT IN ITS JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 ( COMMISSION V COUNCIL ( 1982 ) ECR 3329 ) HELD THAT THE COUNCIL ' S POWER IN THIS RESPECT WAS TO DECIDE WHETHER OR NOT THERE HAD BEEN A SUBSTANTIAL INCREASE IN THE COST OF LIVING AND , IF THERE HAD , TO DRAW THE APPROPRIATE CONCLUSIONS . ANY OTHER INTERPRETATION WOULD RUN COUNTER TO THE OBJECTIVE OF THE PROVISION IN QUESTION WHICH IS TO GUARANTEE TO ALL OFFICIALS THE SAME PURCHASING POWER WHATEVER THEIR PLACE OF EMPLOYMENT .
Jan Amesz and others v Commission of the European Communities.
Date: 1982-12-15
44 THAT ARGUMENT CANNOT BE UPHELD . IN FACT THE WORDING OF ARTICLE 65 ( 2 ) PRECLUDES ANY INTERPRETATION TO THE EFFECT THAT THE COUNCIL IS NOT OBLIGED TO ADJUST THE WEIGHTINGS WITHIN A PERIOD OF TWO MONTHS FOLLOWING ANY SUBSTANTIAL CHANGE IN THE COST OF LIVING . IT SHOULD BE REMEMBERED THAT THE COURT IN ITS JUDGMENT OF 6 OCTOBER 1982 IN CASE 59/81 COMMISSION V COUNCIL ( 1982 ) ECR 3329 HELD THAT THE COUNCIL ' S POWER IN THIS RESPECT WAS TO DECIDE WHETHER OR NOT THERE HAD BEEN A SUBSTANTIAL INCREASE IN THE COST OF LIVING AND , IF THERE HAD , TO DRAW THE APPROPRIATE CONCLUSIONS . ANY OTHER INTERPRETATION WOULD RUN COUNTER TO THE OBJECTIVE OF THE PROVISION IN QUESTION WHICH IS TO GUARANTEE TO ALL OFFICIALS THE SAME PURCHASING POWER WHATEVER THEIR PLACE OF EMPLOYMENT .
Dino Battaglia v Commission of the European Communities.
Date: 1982-12-15
13 REGARD BEING HAD TO THE CIRCUMSTANCES OF THE CASE , THE COMMISSION ' S OBJECTION CANNOT BE ACCEPTED . IN FACT , ALTHOUGH IT IS IMPORTANT TO SAFEGUARD THE APPLICATION OF THE RULE CONTAINED IN THE STAFF REGULATIONS WHICH PROVIDES FOR A PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS WITHIN A RELATIVELY SHORT PERIOD CONSIDERATION MUST BE GIVEN TO THE FACT THAT , AS NEGOTIATIONS HAD BEEN GOING ON FOR MANY MONTHS BETWEEN THE COUNCIL , THE COMMISSION AND STAFF REPRESENTATIVE BODIES , THE APPLICANT WAS LEGITIMATELY ENTITLED TO AWAIT THE     OUTCOME OF THOSE NEGOTIATIONS BEFORE CONCERNING HIMSELF ABOUT THEIR POSSIBLY NEGATIVE EFFECT ON HIS SALARY . IN FACT THE COUNCIL REGULATIONS ADJUSTING THE WEIGHTINGS COME INTO EFFECT AFTER A PERIOD OF DELAY AND ARE THEREFORE NORMALLY GIVEN RETROACTIVE APPLICATION , THE EXTENT OF WHICH IS HOWEVER HARDLY FORESEEABLE . IN THE RECITALS IN THE PREAMBLE TO REGULATION NO 1461/78 , MOREOVER , THE COUNCIL ITSELF ACKNOWLEDGED THAT THE ADJUSTMENT OF THE WEIGHTING PROVIDED FOR BY THAT REGULATION FOR THREE COUNTRIES OF EMPLOYMENT WAS NOT DEFINITIVE .
Commission of the European Communities v Kingdom of Denmark.
Date: 1982-12-15
8 IT FOLLOWS FROM THE PURPOSE ASSIGNED TO THE PRE-CONTENTIOUS STAGE OF THE PROCEEDINGS FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS THAT A LETTER GIVING FORMAL NOTICE IS INTENDED TO DELIMIT THE SUBJECT-MATTER OF THE DISPUTE AND TO INDICATE TO THE MEMBER STATE WHICH IS INVITED TO SUBMIT ITS OBSERVATIONS THE FACTORS ENABLING IT TO PREPARE ITS DEFENCE .
9 AS THE COURT HELD IN ITS JUDGMENT OF 17 FEBRUARY 1970 IN CASE 31/69 COMMISSION V ITALY ECR 25 , THE OPPORTUNITY FOR THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS CONSTITUTES AN ESSENTIAL GUARANTEE     REQUIRED BY THE TREATY AND , EVEN IF THE MEMBER STATE DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF THEREOF , OBSERVANCE OF THAT GUARANTEE IS AN ESSENTIAL FORMAL REQUIREMENT OF THE PROCEDURE UNDER ARTICLE 169 .
14 IT SHOULD BE REMEMBERED THAT THE SUBJECT-MATTER OF AN APPLICATION BROUGHT UNDER ARTICLE 169 IS DETERMINED BY THE COMMISSION ' S REASONED OPINION AND THAT THEREFORE THE TWO DOCUMENTS MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .
15 IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THAT OBLIGATION HAS BEEN FULFILLED . THE TERMS OF THE APPLICATION CORRESPOND TO THOSE OF THE REASONED OPINION ISSUED ON 6 OCTOBER 1980 . IN BOTH DOCUMENTS THE COMMISSION , HAVING RE-STATED THE POINT OF VIEW OF THE DANISH AUTHORITIES , DEFINES IN     SIMILAR AND SUFFICIENTLY SPECIFIC TERMS THE INFRINGEMENT ALLEGED AND THE REASONS FOR WHICH IT CONSIDERS THAT THE KINGDOM OF DENMARK HAS FAILED TO FULFIL THE OBLIGATIONS IMPOSED ON IT BY THE TREATY .
16 ALTHOUGH THE COMMISSION DID PLEAD , FOR THE FIRST TIME IN THE APPLICATION , THE PROVISIONS OF FRAMEWORK DIRECTIVE 71/316 , IT WAS MERELY REPLYING TO A DEFENCE RAISED BY THE DANISH GOVERNMENT IN RESPONSE TO THE REASONED OPINION AND , IN DOING SO , ALTERED NEITHER THE DEFINITION NOR THE BASIS OF THE ALLEGED FAILURE TO FULFIL AN OBLIGATION .