larimo/cjeu-paragraph-retrieval huggingface dataset:
Louise de Cavel v Jacques de Cavel.
Date: 1980-03-06
7 IN SO FAR AS ITS FIELD OF APPLICATION IS CONCERNED , NO PROVISION OF THE CONVENTION LINKS THE TREATMENT OF ANCILLARY CLAIMS TO THE TREATMENT OF PRINCIPAL CLAIMS . ON THE CONTRARY , VARIOUS PROVISIONS CONFIRM THAT THE CONVENTION DOES NOT LINK THE TREATMENT OF CLAIMS CLASSIFIED AS ' ' ANCILLARY ' '  TO THE TREATMENT OF THE PRINCIPAL CLAIM . IN PARTICULAR , SUCH IS THE CASE WITH ARTICLE 42 WHICH PROVIDES THAT , WHERE A FOREIGN JUDGMENT HAS BEEN GIVEN IN RESPECT OF SEVERAL MATTERS AND ENFORCEMENT CANNOT BE AUTHORIZED FOR ALL OF THEM , THE COURT SHALL AUTHORIZE ENFORCEMENT FOR ONE OR MORE OF THEM , AND WITH ARTICLE 24 , WHICH PROVIDES THAT APPLICATION FOR SUCH PROVISIONAL , INCLUDING PROTECTIVE , MEASURES - WHICH ARE , BY DEFINITION , ANCILLARY MEASURES - AS MAY BE AVAILABLE UNDER THE LAW OF A CONTRACTING STATE MAY BE MADE TO THE COURTS OF THAT STATE ' ' EVEN IF , UNDER THIS CONVENTION , THE COURTS OF ANOTHER CONTRACTING STATE HAVE JURISDICTION AS TO THE SUBSTANCE OF THE MATTER ' ' .
8 THESE PROVISIONS DEMONSTRATE UNEQUIVOCALLY THAT THE GENERAL SCHEME OF THE CONVENTION DOES NOT NECESSARILY LINK THE TREATMENT OF AN ANCILLARY CLAIM TO THAT OF A PRINCIPAL CLAIM . IN ACCORDANCE WITH THAT PRINCIPLE , AND IN REGARD     PRECISELY TO THE CONVENTION ' S SCOPE , A CRIMINAL COURT , THE JUDGMENTS OF WHICH , WHEN GIVEN IN ITS PROPER AREA OF ACTIVITY , ARE CLEARLY EXCLUDED FROM THE SCOPE OF THE CONVENTION , HAS JURISDICTION CONFERRED UPON IT BY ARTICLE 5 ( 4 ) OF THE CONVENTION TO ENTERTAIN AN ANCILLARY CIVIL CLAIM , WITH THE RESULT THAT A JUDGMENT GIVEN ON THAT CLAIM WILL BENEFIT FROM THE CONVENTION AS REGARDS ITS RECOGNITION AND ENFORCEMENT . THAT PROVISION THUS EXPRESSLY PROVIDES THAT A CLAIM ANCILLARY TO CRIMINAL PROCEEDINGS , WHICH ARE OBVIOUSLY EXCLUDED FROM THE SCOPE OF THE CONVENTION , COMES WITHIN IT .
9 ANCILLARY CLAIMS ACCORDINGLY COME WITHIN THE SCOPE OF THE CONVENTION ACCORDING TO THE SUBJECT-MATTER WITH WHICH THEY ARE CONCERNED AND NOT ACCORDING TO THE SUBJECT-MATTER INVOLVED IN THE PRINCIPAL CLAIM . IT WAS BY WAY OF APPLYING THAT RULE THAT THE COURT HELD IN ITS JUDGMENT OF 27 MARCH 1979 IN CASE 143/78 DE CAVEL ( 1979 ) ECR 1055 , INVOLVING THE SAME PARTIES , THAT AN APPLICATION IN THE COURSE OF DIVORCE PROCEEDINGS FOR PLACING ASSETS UNDER SEAL DID NOT COME WITHIN THE SCOPE OF THE CONVENTION , NOT ON ACCOUNT OF ITS ANCILLARY NATURE , BUT BECAUSE IT APPEARED THAT , HAVING REGARD TO ITS TRUE FUNCTION , IT CONCERNED , IN THAT CASE , RIGHTS IN PROPERTY ARISING OUT OF THE SPOUSES '  MATRIMONIAL RELATIONSHIP .
SpA Ferriera Valsabbia and others v Commission of the European Communities.
Date: 1980-03-18
7 IT IS NECESSARY TO DISTINGUISH BETWEEN TWO ARGUMENTS PUT FORWARD BY THE COMMISSION IN ORDER TO DEMONSTRATE THE INADMISSIBILITY OF THE PLEA OF ILLEGALITY IN RELATION TO GENERAL DECISION NO 962/77 , RAISED BY ALL THE APPLICANTS . THE FIRST ARGUMENT , CONSTITUTING A GENERAL OBJECTION OF INADMISSIBILITY , PLEADED IN THE COMMISSION ' S WRITTEN CONCLUSIONS , CONCERNS ONLY THE CASES BROUGHT BY ANTONIO STEFANA ( 226/78 ), DI DARFO ( 227/78 ), SIDER CAMUNA ( 228/78 ) AND FERALPI ( 264/78 ). THE SECOND ARGUMENT , HOWEVER , CONCERNS ALL THE CASES IN WHICH , HAVING PLEADED ITS DISCRETIONARY POWER , THE COMMISSION CALLS IN QUESTION THE ADMISSIBILITY OF SUBMISSIONS WHICH WOULD ENTAIL AN EVALUATION BY THE COURT OF THE SITUATION RESULTING FROM ECONOMIC FACTS OR CIRCUMSTANCES . EVEN WHERE THAT ARGUMENT HAS NOT BEEN FORMALLY PLEADED , THE COURT MAY RAISE IT OF ITS OWN MOTION AS IT CONCERNS THE COURT ' S JURISDICTION . THESE TWO BRANCHES OF THE COMMISSION ' S ARGUMENT WILL HAVE TO BE EXAMINED SEPARATELY .
80 IN MAKING THAT SUBMISSION , THE APPLICANTS FORGET THAT BY PROVIDING FOR INTERVENTION BY MEANS OF COERCIVE ACTION IN CERTAIN DEFINED CIRCUMSTANCES THE TREATY DEROGATES FROM THE NORMAL RULES GOVERNING THE WORKING OF THE COMMON MARKET , WHICH ARE BASED ON THE PRINCIPLE OF THE MARKET ECONOMY .
110 THEREFORE THE COMMISSION CANNOT BE ACCUSED OF NOT HAVING TRIED TO COMBAT IMPORTS FROM NON-MEMBER COUNTRIES . IT IS IMPORTANT TO POINT OUT ALSO THAT IN ITS NEGOTIATIONS WITH NON-MEMBER COUNTRIES THE COMMISSION FACES CONSIDERABLE DIFFICULTIES AS A RESULT OF THE FACT THAT THE ECSC IS A NET EXPORTER OF STEEL ; IN SUCH CIRCUMSTANCES IT IS COMPELLED TO ENSURE THE CONTINUANCE OF COMMUNITY EXPORTS AT THE SAME TIME AS IT MUST ATTEMPT TO LIMIT IMPORTS INTO THE COMMUNITY , AND IT HAD REASON TO FEAR THAT BY TAKING NON-NEGOTIATED RESTRICTIVE DECISIONS WITH REGARD TO NON-MEMBER COUNTRIES IT MIGHT PROVOKE RETALIATORY MEASURES ON THEIR PART WHICH WOULD BE DETRIMENTAL TO THE GENERAL INTEREST .
140 BUT RECOGNITION OF CIRCUMSTANCES OF FORCE MAJEURE PRESUPPOSES THAT THE EXTERNAL CAUSE RELIED ON BY INDIVIDUALS HAS CONSEQUENCES WHICH ARE INEXORABLE AND INEVITABLE TO THE POINT OF MAKING IT OBJECTIVELY IMPOSSIBLE FOR THE PERSONS CONCERNED TO COMPLY WITH THEIR OBLIGATIONS AND , IN THIS CASE , LEAVING THEM NO ALTERNATIVE BUT TO INFRINGE DECISION NO 962/77 .
176 IT MUST BE REMEMBERED THAT ARTICLE 2 OF DECISION NO 3000/77 STATES THAT MINIMUM PRICES SHALL BE BASIC PRICES , INCLUDING EXTRA FOR QUALITY , WHEREAS DECISION NO 962/77 HAD MERELY STATED IN ARTICLE 2 THAT THE MINIMUM PRICES SHOULD BE BASIS PRICES . IN THOSE CIRCUMSTANCES , AS FROM 1 JANUARY 1978 , ON WHICH DATE DECISION NO 3000/77 ENTERED INTO FORCE , THE MINIMUM PRICES INCLUDED EXTRAS FOR QUALITY , WHILST THE AMOUNT OF THOSE EXTRAS COULD BE ADDED TO THE MINIMUM PRICES IN DECISION NO 962/77 .
Procureur du Roi v Marc J.V.C. Debauve and others.
Date: 1980-03-18
8 BEFORE EXAMINING THOSE QUESTIONS THE COURT RECALLS THAT IT HAS ALREADY RULED IN ITS JUDGMENT OF 30 APRIL 1974 ( CASE 155/73 , SACCHI , ( 1974 ) ECR 490 ) THAT THE BROADCASTING OF TELEVISION SIGNALS , INCLUDING THOSE IN THE NATURE OF ADVERTISEMENTS , COMES , AS SUCH , WITHIN THE RULES OF THE TREATY RELATING TO SERVICES . THERE IS NO REASON TO TREAT THE TRANSMISSION OF SUCH SIGNALS BY CABLE TELEVISION ANY DIFFERENTLY .
9 HOWEVER , IT SHOULD BE OBSERVED THAT THE PROVISIONS OF THE TREATY ON FREEDOM TO PROVIDE SERVICES CANNOT APPLY TO ACTIVITIES WHOSE RELEVANT ELEMENTS ARE CONFINED WITHIN A SINGLE MEMBER STATE . WHETHER THAT IS THE CASE DEPENDS ON FINDINGS OF FACT WHICH ARE FOR THE NATIONAL COURT TO ESTABLISH . SINCE THE TRIBUNAL CORRECTIONNEL HAS CONCLUDED THAT IN THE GIVEN CIRCUMSTANCES OF THIS CASE THE SERVICES OUT OF WHICH THE PROSECUTIONS BROUGHT BEFORE IT AROSE ARE SUCH AS TO COME UNDER PROVISIONS OF THE TREATY RELATING TO SERVICES , THE QUESTIONS REFERRED TO THE COURT SHOULD BE EXAMINED FROM THE SAME POINT OF VIEW .
SA Compagnie générale pour la diffusion de la télévision, Coditel, and others v Ciné Vog Films and others.
Date: 1980-03-18
13 IN THESE CIRCUMSTANCES THE OWNER OF THE COPYRIGHT IN A FILM AND HIS ASSIGNS HAVE A LEGITIMATE INTEREST IN CALCULATING THE FEES DUE IN RESPECT OF THE AUTHORIZATION TO EXHIBIT THE FILM ON THE BASIS OF THE ACTUAL OR PROBABLE NUMBER OF PERFORMANCES AND IN AUTHORIZING A TELEVISION BROADCAST OF THE FILM ONLY AFTER     IT HAS BEEN EXHIBITED IN CINEMAS FOR A CERTAIN PERIOD OF TIME . IT APPEARS FROM THE FILE ON THE PRESENT CASE THAT THE CONTRACT MADE BETWEEN LES FILMS LA BOETIE AND CINE VOG STIPULATED THAT THE EXCLUSIVE RIGHT WHICH WAS ASSIGNED INCLUDED THE RIGHT TO EXHIBIT THE FILM ' ' LE BOUCHEUR ' '  PUBLICLY IN BELGIUM BY WAY OF PROJECTION IN CINEMAS AND ON TELEVISION BUT THAT THE RIGHT TO HAVE THE FILM DIFFUSED BY BELGIAN TELEVISION COULD NOT BE EXERCISED UNTIL 40 MONTHS AFTER THE FIRST SHOWING OF THE FILM IN BELGIUM .
15 WHILST ARTICLE 59 OF THE TREATY PROHIBITS RESTRICTIONS UPON FREEDOM TO PROVIDE SERVICES , IT DOES NOT THEREBY ENCOMPASS LIMITS UPON THE EXERCISE OF CERTAIN ECONOMIC ACTIVITIES WHICH HAVE THEIR ORIGIN IN THE APPLICATION OF NATIONAL LEGISLATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY , SAVE WHERE SUCH APPLICATION CONSTITUTES A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES . SUCH WOULD BE THE CASE IF THAT APPLICATION ENABLED PARTIES TO AN ASSIGNMENT OF COPYRIGHT TO CREATE ARTIFICIAL BARRIERS TO TRADE BETWEEN MEMBER STATES .
Commission of the European Communities v Italian Republic.
Date: 1980-03-18
6 EVEN IF IT IS TRUE THAT ITALIAN DOMESTIC LAW HAS TO A LARGE EXTENT ALREADY SECURED THE OBJECTIVES OF THE DIRECTIVE , NEVERTHELESS THE POSITION REMAINS THAT THE ITALIAN REPUBLIC HAS NOT COMPLETELY COMPLIED WITH IT , WHICH MOREOVER IT DOES NOT DENY , AND IT HAS NOT NOTIFIED THE COMMISSION OF THE NATIONAL MEASURES ADOPTED . IT SHOULD BE NOTED IN THIS RESPECT THAT THE MEMBER STATES ARE OBLIGED TO ENSURE THE FULL AND EXACT APPLICATION OF THE PROVISIONS OF ANY DIRECTIVE .
7  AS REGARDS THE ITALIAN GOVERNMENT ' S ARGUMENT THAT THE DIRECTIVE IS ACTUALLY A CONVENTION DRAWN UP IN THIS SPECIAL FORM , IT NEED ONLY BE RECALLED THAT THE COURT HAS ALREADY SAID IN ITS JUDGMENT OF 18 FEBRUARY 1970 ( CASE 38/69 , COMMISSION V ITALY ( 1970 ) ECR 47 ) THAT A MEASURE WHICH HAS THE FEATURES OF A DECISION WHEN VIEWED IN THE LIGHT OF ITS OBJECTIVE AND THE INSTITUTIONAL FRAMEWORK WITHIN WHICH IT HAS BEEN DRAWN UP , CANNOT BE DESCRIBED AS AN ' ' INTERNATIONAL AGREEMENT ' ' . THE SAME CONSIDERATIONS APPLY WHERE A COUNCIL DIRECTIVE IS CONCERNED .
8  AS REGARDS THE OBSERVATIONS OF THE ITALIAN GOVERNMENT CONCERNING THE POWERS OF THE COMMUNITY IN THE MATTER , IT SHOULD BE OBSERVED THAT THE DIRECTIVE HAS BEEN ADOPTED NOT ONLY WITHIN THE PROGRAMME OF ACTION OF THE COMMUNITIES ON THE ENVIRONMENT ; IT ALSO COMES UNDER THE GENERAL PROGRAMME FOR THE ELIMINATION OF TECHNICAL BARRIERS TO TRADE WHICH RESULT FROM DISPARITIES BETWEEN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES , ADOPTED BY THE COUNCIL ON 28 MAY 1969 . IN THIS SENSE IT IS VALIDLY FOUNDED UPON ARTICLE 100 . FURTHERMORE IT IS BY NO MEANS RULED OUT THAT PROVISIONS ON THE ENVIRONMENT MAY BE BASED UPON ARTICLE 100 OF THE TREATY . PROVISIONS WHICH ARE MADE NECESSARY BY CONSIDERATIONS RELATING TO THE ENVIRONMENT AND HEALTH MAY BE A BURDEN UPON THE UNDERTAKINGS TO WHICH THEY APPLY AND IF THERE IS NO HARMONIZATION OF NATIONAL PROVISIONS ON THE MATTER , COMPETITION MAY BE APPRECIABLY DISTORTED .
Commission of the European Communities v Italian Republic.
Date: 1980-03-18
6 EVEN IF IT IS TRUE THAT ITALIAN DOMESTIC LAW HAS TO A LARGE EXTENT ALREADY SECURED THE OBJECTIVES OF THE DIRECTIVE , NEVERTHELESS THE POSITION REMAINS THAT THE ITALIAN REPUBLIC HAS NOT COMPLETELY COMPLIED WITH IT , WHICH IT MOREOVER DOES NOT DENY , AND IT HAS NOT NOTIFIED THE COMMISSION OF THE NATIONAL MEASURES ADOPTED . IT SHOULD BE NOTED IN THIS RESPECT THAT THE MEMBER STATES ARE OBLIGED TO ENSURE THE FULL AND EXACT APPLICATION OF THE PROVISIONS OF ANY DIRECTIVE .
Vereeniging ter Bevordering van de Belangen des Boekhandels and others v Eldi Records BV.
Date: 1980-03-20
16 THE EFFECTS OF THE NOTIFICATION EXTEND TO THE SCOPE OF THE AGREEMENT AT THE TIME OF ITS NOTIFICATION . TO RESTRICT THOSE EFFECTS IN THE CASE ENVISAGED BY THE QUESTION WOULD BE TANTAMOUNT TO PENALIZING THE PARTIES TO AN AGREEMENT FOR HAVING VOLUNTARILY LIMITED ITS SCOPE , WHICH WOULD BE CONTRARY TO THE SPIRIT OF COMPETITION LAW . IT IS THEREFORE NECESSARY TO REPLY TO THE FOURTH QUESTION THAT THE RE-INTRODUCTION OF A CATEGORY OF GOODS WHICH FELL WITHIN THE SCOPE OF AN AGREEMENT AT THE TIME OF ITS NOTIFICATION , BUT WHICH WAS SUBSEQUENTLY EXCLUDED VOLUNTARILY BY THE PARTIES FOR A CERTAIN PERIOD , IS COVERED BY THE EFFECTS OF THE ORIGINAL NOTIFICATION .
Macarthys Ltd v Wendy Smith.
Date: 1980-03-27
10 AS THE COURT INDICATED IN THE DEFRENNE JUDGMENT OF 8 APRIL 1976 , THAT PROVISION APPLIES DIRECTLY , AND WITHOUT THE NEED FOR MORE DETAILED IMPLEMENTING MEASURES ON THE PART OF THE COMMUNITY OR THE MEMBER STATES , TO ALL FORMS OF DIRECT AND OVERT DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF THE CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION . AMONG THE FORMS OF DISCRIMINATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED , THE COURT MENTIONED IN PARTICULAR CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE .
11 IN SUCH A SITUATION THE DECISIVE TEST LIES IN ESTABLISHING WHETHER THERE IS A DIFFERENCE IN TREATMENT BETWEEN A MAN AND A WOMAN PERFORMING ' ' EQUAL WORK ' '  WITHIN THE MEANING OF ARTICLE 119 . THE SCOPE OF THAT CONCEPT , WHICH IS ENTIRELY QUALITATIVE IN CHARACTER IN THAT IT IS EXCLUSIVELY CONCERNED WITH THE NATURE OF THE SERVICES IN QUESTION , MAY NOT BE RESTRICTED BY THE INTRODUCTION OF A REQUIREMENT OF CONTEMPORANEITY .
12 IT MUST BE ACKNOWLEDGED , HOWEVER , THAT , AS THE EMPLOYMENT APPEAL TRIBUNAL PROPERLY RECOGNIZED , IT CANNOT BE RULED OUT THAT A DIFFERENCE IN PAY BETWEEN TWO WORKERS OCCUPYING THE SAME POST BUT AT DIFFERENT PERIODS IN TIME MAY BE EXPLAINED BY THE OPERATION OF FACTORS WHICH ARE UNCONNECTED WITH ANY DISCRIMINATION ON GROUNDS OF SEX . THAT IS A QUESTION OF FACT WHICH IT IS FOR THE COURT OR TRIBUNAL TO DECIDE .
15 IT IS CLEAR THAT THE LATTER PROPOSITION , WHICH IS THE SUBJECT OF QUESTION 2 ( A ), IS TO BE CLASSED AS INDIRECT AND DISGUISED DISCRIMINATION , THE IDENTIFICATION OF WHICH , AS THE COURT EXPLAINED IN THE DEFRENNE JUDGMENT , CITED ABOVE , IMPLIES COMPARATIVE STUDIES OF ENTIRE BRANCHES OF INDUSTRY AND THEREFORE REQUIRES , AS A PREREQUISITE , THE ELABORATION BY THE COMMUNITY AND NATIONAL LEGISLATIVE BODIES OF CRITERIA OF ASSESSMENT . FROM THAT IT FOLLOWS THAT , IN CASES OF ACTUAL DISCRIMINATION FALLING WITHIN THE SCOPE OF THE DIRECT APPLICATION OF ARTICLE 119 , COMPARISONS ARE CONFINED TO PARALLELS WHICH MAY BE DRAWN ON THE BASIS OF CONCRETE APPRAISALS OF THE WORK ACTUALLY PERFORMED BY EMPLOYEES OF DIFFERENT SEX WITHIN THE SAME ESTABLISHMENT OR SERVICE .
Sucrimex SA and Westzucker GmbH v Commission of the European Communities.
Date: 1980-03-27
22 AS FAR AS CONCERNS THIS CLAIM , WHICH IS IN THE ALTERNATIVE AND IS FOR AN AMOUNT EQUIVALENT TO THE SUM OF THE UNPAID REFUNDS AND THEREFORE CLOSELY BOUND UP WITH THE APPLICATION FOR ANNULMENT , IT SUFFICES TO CALL TO MIND THE RELATIONSHIP , DESCRIBED ABOVE , BETWEEN THE COMMISSION AND THE FUND . THE TELEX MESSAGE , LIKE ALL THE COMMISSION ' S ACTIONS WHICH ARE IN DISPUTE , IS PART     OF THE INTERNAL CO-OPERATION BETWEEN THE COMMISSION AND THE NATIONAL BODIES RESPONSIBLE FOR APPLYING COMMUNITY RULES IN THIS FIELD ; AS A GENERAL RULE THIS CO-OPERATION CANNOT MAKE THE COMMUNITY LIABLE TO INDIVIDUALS .
Commission of the European Communities v Italian Republic.
Date: 1980-04-24
24 IT FOLLOWS THAT THE CONCLUSION AND THE IMPLEMENTATION OF THE INTER-TRADE AGREEMENTS , THE OPERATIONS OF THE FUND AND THE MEASURES ADOPTED BY THE PRICE COMMITTEE AND BY THE MINISTER FOR AGRICULTURE ARE CONNECTED BY LINKS SO CLOSE THAT THEY ARE INSEPARABLE . IT MUST ACCORDINGLY BE DECLARED THAT THE INTER-TRADE AGREEMENTS FORM PART OF A BODY OF MEASURES WHICH ARE INTENDED TO PROVIDE SUPPORT FOR THE ITALIAN SUGAR INDUSTRY AND THAT THE ITALIAN GOVERNMENT IS RESPONSIBLE FOR THEM .
Una Coonan v Insurance Officer.
Date: 1980-04-24
12 THE EFFECT OF THOSE TWO PROVISIONS WHEN READ TOGETHER IS THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME PROVIDED ALWAYS THAT IN THIS CONNEXION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES . THE COURT ACKNOWLEDGED IN ITS JUDGMENT OF 12 JULY 1979 IN CASE 266/78 BRUNORI ( 1979 ) ECR THAT NATIONAL LEGISLATURES ARE COMPETENT IN THIS FIELD .
13 CONSEQUENTLY IF NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER THAT SCHEME CONDITIONAL IN CERTAIN CIRCUMSTANCES ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH WERE COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .
Commission of the European Communities v Kingdom of Belgium.
Date: 1980-05-06
10 IT IS APPARENT FROM THE WHOLE OF THESE PROVISIONS AND FROM THE NATURE OF THE MEASURES WHICH THEY PRESCRIBE THAT THE DIRECTIVES IN QUESTION ARE MEANT TO BE TURNED INTO PROVISIONS OF NATIONAL LAW WHICH HAVE THE SAME LEGAL FORCE AS THOSE WHICH APPLY IN THE MEMBER STATES IN REGARD TO THE CHECKING AND TYPE-APPROVAL OF MOTOR VEHICLES OR TRACTORS . CONSEQUENTLY A MEMBER STATE HAS NOT DISCHARGED THE OBLIGATION IMPOSED UPON IT BY THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY IF , FOR THE PURPOSE OF FULFILLING THE REQUIREMENTS UNDER THE DIRECTIVES IN QUESTION , IT SIMPLY RELIES ON EXISTING PRACTICES OR EVEN JUST THE TOLERANCE WHICH IS EXERCISED BY THE ADMINISTRATION .
11 THE ARGUMENT OF THE BELGIAN GOVERNMENT BASED ON THE ' ' OPTIONAL ' '  NATURE OF THE DIRECTIVES IN QUESTION HAS NO RELEVANCE SINCE THE BINDING EFFECT OF THE DIRECTIVE FROM WHICH MEMBER STATES ARE NOT PERMITTED TO DEROGATE IS MEANT TO ABOLISH ALL OBSTACLES TO THE FREEDOM OF MOVEMENT LIKELY TO ARISE IN REGARD TO PRODUCTS ORIGINATING FROM OTHER MEMBER STATES AS A RESULT OF THE APPLICATION OF TECHNICAL RULES WHICH ARE DIFFERENT FROM COMMUNITY RULES . IT IS THEREFORE ESSENTIAL IN THIS REGARD THAT EACH MEMBER STATE SHOULD IMPLEMENT THE DIRECTIVES IN QUESTION IN A WAY WHICH FULLY MEETS THE REQUIREMENTS OF CLARITY AND CERTAINTY IN LEGAL SITUATIONS WHICH DIRECTIVES SEEK FOR THE BENEFIT OF MANUFACTURERS ESTABLISHED IN OTHER MEMBER STATES . MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE CAN BE CHANGED AS AND WHEN THE AUTHORITIES PLEASE AND WHICH ARE NOT PUBLICIZED WIDELY ENOUGH CANNOT IN THESE CIRCUMSTANCES BE REGARDED AS A PROPER FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 189 ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .
12 THE JUSTIFICATION BASED ON THE ' ' DIRECT APPLICABILITY ' '  OF THE DIRECTIVES IN QUESTION CANNOT BE ACCEPTED EITHER . THE EFFECT OF THE THIRD PARAGRAPH OF ARTICLE 189 IS THAT COMMUNITY DIRECTIVES MUST BE IMPLEMENTED BY APPROPRIATE IMPLEMENTING MEASURES CARRIED OUT BY THE MEMBER STATES . ONLY IN SPECIFIC CIRCUMSTANCES , IN PARTICULAR WHERE A MEMBER STATE HAS FAILED TO TAKE THE IMPLEMENTING MEASURES REQUIRED OR HAS ADOPTED MEASURES WHICH DO NOT CONFORM TO A DIRECTIVE , HAS THE COURT OF JUSTICE RECOGNIZED THE RIGHT OF PERSONS AFFECTED THEREBY TO RELY IN LAW ON A DIRECTIVE AS AGAINST A DEFAULTING MEMBER STATE ( CF . ON THIS SUBJECT , THE JUDGMENT OF 5 APRIL 1979 , RATTI , CASE 148/78 ECR 1629 ). THIS MINIMUM GUARANTEE ARISING FROM THE BINDING NATURE OF THE OBLIGATION IMPOSED ON THE MEMBER STATES BY THE EFFECT OF THE DIRECTIVES UNDER THE THIRD PARAGRAPH OF ARTICLE 189 CANNOT JUSTIFY A MEMBER STATE ' S ABSOLVING ITSELF FROM TAKING IN DUE TIME IMPLEMENTING MEASURES SUFFICIENT TO MEET THE PURPOSE OF EACH DIRECTIVE . AS STATED ABOVE , THESE MEASURES MUST CONSIST IN THIS CASE IN PROVISIONS EQUIVALENT TO THOSE WHICH ARE APPLIED UNDER THE NATIONAL LEGAL SYSTEM FOR THE PURPOSE OF SECURING OBSERVANCE OF REQUIREMENTS WHICH ARE DESCRIBED AS ' ' MANDATORY ' '  IN THE PREAMBLE TO THE TWO FRAMEWORK DIRECTIVES ( CF . THE FIRST RECITAL ).
Regina v Secretary of State for Home Affairs, ex parte Mario Santillo.
Date: 1980-05-22
12 THE PROVISIONS OF ARTICLE 9 ARE COMPLEMENTARY TO THOSE OF ARTICLE 8 . THEIR OBJECT IS TO ENSURE A MINIMUM PROCEDURAL SAFEGUARD FOR PERSONS AFFECTED BY ONE OF THE MEASURES REFERRED TO IN THE THREE CASES SET OUT IN PARAGRAPH ( 1 ) OF THAT ARTICLE . WHERE THE RIGHT OF APPEAL RELATES ONLY TO THE LEGAL VALIDITY OF A DECISION , THE PURPOSE OF THE INTERVENTION OF THE ' ' COMPETENT AUTHORITY ' '  REFERRED TO IN ARTICLE 9 ( 1 ) IS TO ENABLE AN EXHAUSTIVE EXAMINATION OF ALL THE FACTS AND CIRCUMSTANCES INCLUDING THE EXPEDIENCY OF THE PROPOSED MEASURE TO BE CARRIED OUT BEFORE THE DECISION IS FINALLY TAKEN . FURTHERMORE THE PERSON CONCERNED MUST BE ABLE TO EXERCISE BEFORE THAT AUTHORITY SUCH RIGHTS OF DEFENCE AND OF ASSISTANCE OR REPRESENTATION AS THE DOMESTIC LAW OF THAT COUNTRY PROVIDES FOR .
19 THESE CONSIDERATIONS LEAD A REPLY IN THE FOLLOWING TERMS TO THE SECOND AND THIRD QUESTIONS SUBMITTED BY THE HIGH COURT OF JUSTICE :
THE DIRECTIVE LEAVES A MARGIN OF DISCRETION TO MEMBER STATES FOR DEFINING THE ' ' COMPETENT AUTHORITY ' ' . ANY PUBLIC AUTHORITY INDEPENDENT OF THE ADMINISTRATIVE AUTHORITY CALLED UPON TO ADOPT ONE OF THE MEASURES REFERRED TO BY THE DIRECTIVE , WHICH IS SO CONSTITUTED THAT THE PERSON CONCERNED ENJOYS THE RIGHT OF REPRESENTATION AND OF DEFENCE BEFORE IT , MAY BE CONSIDERED AS SUCH AN AUTHORITY .

A RECOMMENDATION FOR DEPORTATION MADE UNDER BRITISH LEGISLATION BY A CRIMINAL COURT AT THE TIME OF CONVICTION MAY CONSTITUTE AN OPINION UNDER ARTICLE 9 OF THE DIRECTIVE PROVIDED THAT THE OTHER CONDITIONS OF ARTICLE 9 ARE SATISFIED . THE CRIMINAL COURT MUST TAKE ACCOUNT IN PARTICULAR OF THE PROVISIONS OF ARTICLE 3 OF THE DIRECTIVE INASMUCH AS THE MERE EXISTENCE OF CRIMINAL CONVICTIONS MAY NOT AUTOMATICALLY CONSTITUTE GROUNDS FOR DEPORTATION MEASURES .

THE OPINION OF THE COMPETENT AUTHORITY MUST BE SUFFICIENTLY PROXIMATE IN TIME TO THE DECISION ORDERING EXPULSION TO ENSURE THAT THERE ARE NO NEW FACTORS TO BE TAKEN INTO CONSIDERATION , AND BOTH THE ADMINISTRATION AND THE PERSON CONCERNED SHOULD BE IN A POSITION TO TAKE COGNIZANCE OF THE REASONS WHICH LED THE ' ' COMPETENT AUTHORITY ' '  TO GIVE ITS OPINION - SAVE WHERE GROUNDS TOUCHING THE SECURITY OF THE STATE REFERRED TO IN ARTICLE 6 OF THE DIRECTIVE MAKE THIS UNDESIRABLE .

A LAPSE OF TIME AMOUNTING TO SEVERAL YEARS BETWEEN THE RECOMMENDATION FOR DEPORTATION AND THE DECISION BY THE ADMINISTRATION IS LIABLE TO DEPRIVE THE RECOMMENDATION OF ITS FUNCTION AS AN OPINION WITHIN THE MEANING OF ARTICLE 9 . IT IS INDEED ESSENTIAL THAT THE SOCIAL DANGER RESULTING FROM A FOREIGNER ' S PRESENCE SHOULD BE ASSESSED AT THE VERY TIME WHEN THE DECISION ORDERING EXPULSION IS MADE AGAINST HIM AS THE FACTORS TO BE TAKEN INTO ACCOUNT , PARTICULARLY THOSE CONCERNING HIS CONDUCT , ARE LIKELY TO CHANGE IN THE COURSE OF TIME .