larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
Date: 1985-03-28
17 CONSEQUENTLY , AS THE COURT HAS HELD ON NUMEROUS OCCASIONS , IN PARTICULAR IN ITS JUDGMENT OF 27 OCTOBER 1977 IN CASE 30/77 ( REGINA V PIERRE BOUCHEREAU ( 1977 ) ECR 1999 ), IN THE CASE OF DIVERGENCE BETWEEN THE LANGUAGE VERSIONS THE PROVISION IN QUESTION MUST BE INTERPRETED BY REFERENCE TO THE PURPOSE AND GENERAL SCHEME OF THE RULES OF WHICH IT FORMS A PART .
Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
Date: 1985-04-25
17 SECONDLY , IT HAS TO BE RECOGNIZED THAT THE PURPOSE OF INDICATIONS OF ORIGIN OR ORIGIN-MARKING IS TO ENABLE CONSUMERS TO DISTINGUISH BETWEEN DOMESTIC AND IMPORTED PRODUCTS AND THAT THIS ENABLES THEM TO ASSERT ANY PREJUDICES WHICH THEY MAY HAVE AGAINST FOREIGN PRODUCTS . AS THE COURT HAS HAD OCCASION TO EMPHASIZE IN VARIOUS CONTEXTS , THE TREATY , BY ESTABLISHING A COMMON MARKET AND PROGRESSIVELY APPROXIMATING THE ECONOMIC POLICIES OF THE MEMBER STATES SEEKS TO UNITE NATIONAL MARKETS IN A SINGLE MARKET HAVING THE CHARACTERISTICS OF A DOMESTIC MARKET . WITHIN SUCH A MARKET , THE ORIGIN-MARKING REQUIREMENT NOT ONLY MAKES THE MARKETING IN A MEMBER STATE OF GOODS PRODUCED IN OTHER MEMBER STATES IN THE SECTORS IN QUESTION MORE DIFFICULT ; IT ALSO HAS THE EFFECT OF SLOWING DOWN ECONOMIC INTERPENETRATION IN THE COMMUNITY BY HANDICAPPING THE SALE OF GOODS PRODUCED AS THE RESULT OF A DIVISION OF LABOUR BETWEEN MEMBER STATES .
21 IT MUST ALSO BE OBSERVED THAT THE FACT THAT UNITED KINGDOM CONSUMERS ASSOCIATE A PRODUCT ' S QUALITY WITH ITS NATIONAL ORIGIN DOES NOT APPEAR TO HAVE BEEN A CONSIDERATION WHICH PROMPTED THE UNITED KINGDOM GOVERNMENT WHEN IT SUGGESTED TO THE COMMISSION THAT , AS FAR AS THE MEMBER STATES OF THE COMMUNITY WERE CONCERNED , IT WAS PREPARED TO ACCEPT THE INDICATION ' MADE IN THE EUROPEAN COMMUNITY ' . BESIDES , IF THE NATIONAL ORIGIN OF GOODS BRINGS CERTAIN QUALITIES TO THE MINDS OF CONSUMERS , IT IS IN MANUFACTURERS '  INTERESTS TO INDICATE IT THEMSELVES ON THE GOODS OR ON THEIR PACKAGING AND IT IS NOT NECESSARY TO COMPEL THEM TO DO SO . IN THAT CASE , THE PROTECTION OF CONSUMERS IS SUFFICIENTLY GUARANTEED BY RULES WHICH ENABLE THE USE OF FALSE INDICATIONS OF ORIGIN TO BE PROHIBITED . SUCH RULES ARE NOT CALLED IN QUESTION BY THE EEC TREATY .
Commission of the European Communities v French Republic.
Date: 1985-05-07
12 IN THE FIRST PLACE , PRINTING WORK CANNOT BE DESCRIBED AS A SERVICE , SINCE IT LEADS DIRECTLY TO THE MANUFACTURE OF A PHYSICAL ARTICLE WHICH , AS SUCH , IS CLASSIFIED IN THE COMMON CUSTOMS TARIFF ( HEADING NO 49.02 , ENTITLED ' NEWSPAPERS , JOURNALS AND PERIODICALS , WHETHER OR NOT ILLUSTRATED ' ). IN ANY EVENT , ARTICLE 60 OF THE TREATY PROVIDES THAT ' SERVICES SHALL BE CONSIDERED TO BE ' ' SERVICES ' '  WITHIN THE MEANING OF THIS TREATY WHERE THEY ARE NORMALLY PROVIDED FOR REMUNERATION , IN SO FAR AS THEY ARE NOT GOVERNED BY THE PROVISIONS RELATING TO FREEDOM OF MOVEMENT FOR GOODS , CAPITAL AND PERSONS ' . THE CASE MUST THEREFORE BE CONSIDERED SOLELY ON THE BASIS OF ARTICLE 30 .
16 THUS IT APPEARS THAT , SINCE IT ENCOURAGES NEWSPAPER PUBLISHERS TO HAVE PUBLICATIONS PRINTED IN FRANCE RATHER THAN OTHER MEMBER STATES , THE TAX PROVISION CRITICIZED BY THE COMMISSION IS LIKELY TO RESTRICT IMPORTS OF PUBLICATIONS PRINTED IN SUCH STATES AND MUST THEREFORE BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY ARTICLE 30 .
Commission of the European Communities v French Republic.
Date: 1985-05-09
13 IT MUST HOWEVER BE NOTED THAT FOR AN ADMINISTRATIVE PRACTICE TO CONSTITUTE A MEASURE PROHIBITED UNDER ARTICLE 30 THAT PRACTICE MUST SHOW A CERTAIN DEGREE OF CONSISTENCY AND GENERALITY . THAT GENERALITY MUST BE ASSESSED DIFFERENTLY ACCORDING TO WHETHER THE MARKET CONCERNED IS ONE ON WHICH THERE ARE NUMEROUS TRADERS OR WHETHER IT IS A MARKET , SUCH AS THAT IN POSTAL FRANKING MACHINES , ON WHICH ONLY A FEW UNDERTAKINGS ARE ACTIVE . IN THE LATTER CASE , A NATIONAL ADMINISTRATION ' S TREATMENT OF A SINGLE UNDERTAKING MAY CONSTITUTE A MEASURE INCOMPATIBLE WITH ARTICLE 30 .
15 IT MUST THEREFORE BE CONCLUDED THAT BY REFUSING WITHOUT PROPER JUSTIFICATION TO APPROVE POSTAL FRANKING MACHINES FROM ANOTHER MEMBER STATE , THE FRENCH REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY .
Michel Humblot v Directeur des services fiscaux.
Date: 1985-05-09
12 IT IS APPROPRIATE IN THE FIRST PLACE TO STRESS THAT AS COMMUNITY LAW STANDS AT PRESENT THE MEMBER STATES ARE AT LIBERTY TO SUBJECT PRODUCTS SUCH AS CARS TO A SYSTEM OF ROAD TAX WHICH INCREASES PROGRESSIVELY IN AMOUNT DEPENDING ON AN OBJECTIVE CRITERION , SUCH AS THE POWER RATING FOR TAX PURPOSES , WHICH MAY BE DETERMINED IN VARIOUS WAYS .
13 SUCH A SYSTEM OF DOMESTIC TAXATION IS , HOWEVER , COMPATIBLE WITH ARTICLE 95 ONLY IN SO FAR AS IT IS FREE FROM ANY DISCRIMINATORY OR PROTECTIVE EFFECT .
Reinhard Onnasch v Hauptzollamt Berlin - Packhof.
Date: 1985-05-15
11 SECONDLY , THE COURT CAN ONLY AGREE WITH THE COMMISSION ' S OBSERVATION THAT IF THE RATE OF CUSTOMS DUTY LAID DOWN FOR THE MATERIAL USED WERE APPLIED TO A VALUE FOR CUSTOMS PURPOSES FIXED ON THE BASIS OF THE WORK ' S ARTISTIC NATURE , THE DUTY PAYABLE WOULD BE OUT OF ALL PROPORTION TO THE COST OF THAT MATERIAL .
Commission of the European Communities v Federal Republic of Germany.
Date: 1985-05-21
16 IN VIEW OF THE OBJECTION INITIALLY RAISED BY THE FEDERAL REPUBLIC OF GERMANY , IT MUST BE EMPHASIZED THAT BOTH DIRECTIVE NO 76/207 AND DIRECTIVE NO 75/117 APPLY TO EMPLOYMENT IN THE PUBLIC SERVICE . LIKE ARTICLE 119 OF THE EEC TREATY , THOSE DIRECTIVES ARE OF GENERAL APPLICATION , A FACTOR WHICH IS INHERENT IN THE VERY NATURE OF THE PRINCIPLE WHICH THEY LAY DOWN . NEW CASES OF DISCRIMINATION MAY NOT BE CREATED BY EXEMPTING CERTAIN GROUPS FROM THE PROVISIONS INTENDED TO GUARANTEE EQUAL TREATMENT OF MEN AND WOMEN IN WORKING LIFE AS A WHOLE .
18 IT MAY BE STATED IN THAT REGARD THAT THE CATEGORICAL AFFIRMATION BY THE BASIC LAW OF THE EQUALITY OF MEN AND WOMEN BEFORE THE LAW , AND THE EXPRESS EXCLUSION OF ALL DISCRIMINATION ON GROUNDS OF SEX AND THE GUARANTEE OF EQUAL ACCESS TO EMPLOYMENT IN THE PUBLIC SERVICE FOR ALL GERMAN NATIONALS , IN PROVISIONS THAT ARE INTENDED BE DIRECTLY APPLICABLE , CONSTITUTE , IN CONJUNCTION WITH THE EXISTING SYSTEM OF JUDICIAL REMEDIES , INCLUDING THE POSSIBILITY OF INSTITUTING PROCEEDINGS BEFORE THE CONSTITUTIONAL COURT , AN ADEQUATE GUARANTEE OF THE IMPLEMENTATION , IN THE FIELD OF THE PUBLIC ADMINISTRATION , OF THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN DIRECTIVE NO 76/207 . THE SAME GUARANTEES ARE REITERATED IN THE LEGISLATION CONCERNING THE PUBLIC SERVICE , WHICH EXPRESSLY LAYS DOWN THAT APPOINTMENT TO POSTS IN THE PUBLIC SERVICE MUST BE BASED ON OBJECTIVE CRITERIA , WITHOUT ANY DISTINCTION ON GROUNDS OF SEX .
19 IT FOLLOWS THAT THE OBJECT OF DIRECTIVE NO 76/207 HAD ALREADY BEEN ACHIEVED IN THE FEDERAL REPUBLIC OF GERMANY AS REGARDS EMPLOYMENT IN THE PUBLIC SERVICE AT THE TIME WHEN THE DIRECTIVE ENTERED INTO FORCE , WITH THE RESULT THAT NO FURTHER LEGISLATIVE PROVISIONS WERE REQUIRED FOR ITS IMPLEMENTATION .
European Parliament v Council of the European Communities.
Date: 1985-05-22
25 THE COUNCIL ' S REPLY , ON THE OTHER HAND , WAS CONFINED TO SETTING OUT WHAT ACTION IT HAD ALREADY TAKEN IN RELATION TO TRANSPORT WITHOUT COMMENTING ' ON THE LEGAL ASPECTS '  OF THE CORRESPONDENCE INITIATED BY THE PARLIAMENT . THE REPLY NEITHER DENIED NOR CONFIRMED THE ALLEGED FAILURE TO ACT NOR GAVE ANY INDICATION OF THE COUNCIL ' S VIEWS AS TO THE MEASURES WHICH , ACCORDING TO THE PARLIAMENT , REMAINED TO BE TAKEN . SUCH A REPLY CANNOT BE REGARDED AS A DEFINITION OF POSITION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 175 .
62 IT SHOULD FIRST BE BORNE IN MIND THAT ARTICLE 61 ( 1 ) PROVIDES THAT FREEDOM TO PROVIDE SERVICES IN THE FIELD OF TRANSPORT IS TO BE GOVERNED BY THE PROVISIONS OF THE TITLE RELATING TO TRANSPORT . APPLICATION OF THE PRINCIPLES GOVERNING FREEDOM TO PROVIDE SERVICES , AS ESTABLISHED IN PARTICULAR BY ARTICLES 59 AND 60 OF THE TREATY , MUST THEREFORE BE ACHIEVED , ACCORDING TO THE TREATY , BY INTRODUCING A COMMON TRANSPORT POLICY AND , MORE PARTICULARLY , BY LAYING DOWN COMMON RULES APPLICABLE TO INTERNATIONAL TRANSPORT AND THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE TRANSPORT SERVICES , THE RULES AND CONDITIONS OF WHICH ARE REFERRED TO IN ARTICLE 75 ( 1 ) ( A ) AND ( B ) AND NECESSARILY AFFECT FREEDOM TO PROVIDE SERVICES .
Allied Corporation and others v Council of the European Communities.
Date: 1985-05-23
4 IN ITS JUDGMENT OF 21 FEBRUARY 1984 IN JOINED CASES 239 AND 275/82 , ALLIED CORPORATION AND OTHERS V COMMISSION , ( 1984 ) ECR 1005 ) THE COURT HAS ALREADY HELD THAT MEASURES IMPOSING ANTI-DUMPING DUTIES ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE CONCERNED BY THE PRELIMINARY INVESTIGATIONS .
Office nationale des pensions pour travailleurs salariés (ONPTS) v Francesco Romano.
Date: 1985-06-04
15 FOR THOSE REASONS , THE ANSWER TO THE QUESTION SUBMITTED BY THE NATIONAL COURT MUST BE THAT A NATIONAL PROVISION WHICH REDUCES THE ADDITIONAL YEARS OF NOTIONAL EMPLOYMENT FROM WHICH A WORKER MAY BENEFIT BY THE NUMBER OF YEARS IN RESPECT OF WHICH HE MAY CLAIM A PENSION IN ANOTHER MEMBER STATE CONSTITUTES A PROVISION FOR REDUCTION OF BENEFIT WITHIN THE MEANING OF ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY WHICH , BY VIRTUE OF THE LAST SENTENCE OF ARTICLE 12 ( 2 ), IS NOT TO BE APPLIED WHEN THE AMOUNT OF THE PENSION IS CALCULATED UNDER ARTICLE 46 ( 1 ) OF THAT REGULATION .
Office national des pensions pour travailleurs salariés (ONPTS) v Salvatore Ruzzu.
Date: 1985-06-04
16 FOR THOSE REASONS , THE ANSWER TO THE QUESTION SUBMITTED BY THE NATIONAL COURT MUST BE THAT A NATIONAL PROVISION WHICH REDUCES THE ADDITIONAL YEARS OF NOTIONAL EMPLOYMENT FROM WHICH A WORKER MAY BENEFIT BY THE NUMBER OF YEARS IN RESPECT OF WHICH HE MAY CLAIM A PENSION IN ANOTHER MEMBER STATE CONSTITUTES A PROVISION FOR REDUCTION OF BENEFIT WITHIN THE MEANING OF ARTICLE 12 ( 2 ) OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY WHICH , BY VIRTUE OF THE LAST SENTENCE OF ARTICLE 12 ( 2 ), IS NOT TO BE APPLIED WHEN THE AMOUNT OF THE PENSION IS CALCULATED UNDER ARTICLE 46 ( 1 ) OF THAT REGULATION .
Giovanni De Santis v Court of Auditors of the European Communities.
Date: 1985-06-06
9 IN THIS REGARD IT SHOULD BE RECALLED THAT ARTICLE 31 ( 1 ) OF THE STAFF REGULATIONS LAYS DOWN THE RULE , FROM WHICH THE COMPETENT AUTHORITY MAY DEROGATE WITHIN CERTAIN LIMITS UNDER ARTICLE 31 ( 2 ), THAT OFFICIALS IN CATEGORY B ARE TO BE APPOINTED ' TO THE STARTING GRADE FOR THE POST FOR WHICH THEY HAVE BEEN RECRUITED ' , IN THIS CASE , GRADE B 3 . AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 28 MARCH 1968 ( IN CASE 33/67 DIETRICH KURRER V COUNCIL OF THE EUROPEAN COMMUNITIES ( 1968 ) ECR 127 ) THE APPOINTING AUTHORITY MUST RECONCILE THE USE OF ITS POWER UNDER ARTICLE 31 ( 2 ) WITH THE OBSERVANCE OF THE REQUIREMENTS ARISING FROM THE CONCEPT OF A CAREER BRACKET WITHIN THE MEANING OF ARTICLE 5 AND ANNEX I TO THE STAFF REGULATIONS . IT IS NOT THEREFORE PERMISSIBLE TO RECRUIT STAFF TO THE HIGHER GRADE OF A CAREER BRACKET SAVE IN EXCEPTIONAL CASES WHERE THE APPLICATION OF ARTICLE 31 ( 2 ) IS JUSTIFIED BY THE SPECIFIC NEEDS OF THE SERVICE , WHICH CALL FOR THE RECRUITMENT OF A SPECIALLY QUALIFIED OFFICIAL .
Maria Frascogna v Caisse des dépôts et consignations.
Date: 1985-06-06
22 IT MUST THEREFORE BE CONCLUDED THAT THE SPECIAL OLD-AGE ALLOWANCE GRANTED TO OLD PERSONS WHOSE INCOME IS INSUFFICIENT FALLS WITHIN THE SCOPE OF REGULATION NO 1612/68 .
Leon Emile Gaston Carlos Debaecker and Berthe Plouvier v Cornelis Gerrit Bouwman.
Date: 1985-06-11
10 FIRST OF ALL , IT SHOULD BE STATED THAT THERE IS NOTHING IN THE WORDING OF ARTICLE 27 ( 2 ) - WHICH DOES NOT LAY DOWN ANY CONDITION AS REGARDS THE DEFENDANT ' S PLACE OF RESIDENCE - TO SUGGEST THAT THE QUESTION ASKED BY THE HOGE RAAD SHOULD BE ANSWERED IN THE AFFIRMATIVE . ALTHOUGH THE CONVENTION IS , AS IS CLEAR FROM THE PREAMBLE , INTENDED TO ' SECURE THE SIMPLIFICATION OF FORMALITIES GOVERNING THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF COURTS OR TRIBUNALS ' , THAT AIM CANNOT , ACCORDING TO A SERIES OF DECISIONS OF THE COURT , BE ATTAINED BY UNDERMINING IN ANY WAY THE RIGHT TO A FAIR HEARING .
11 IT FOLLOWS FROM THE WORDING OF ARTICLE 27 THAT THE COURTS OF A CONTRACTING STATE MAY REFUSE TO RECOGNIZE A JUDGMENT ONLY ON ONE OF THE GROUNDS EXPRESSLY MENTIONED IN THAT PROVISION . ONE OF THOSE GROUNDS IS THAT LAID DOWN IN PARAGRAPH ( 2 ), IN ORDER TO ENSURE THE ADEQUATE PROTECTION OF THE RIGHTS OF A DEFENDANT AGAINST WHOM JUDGMENT IS GIVEN IN DEFAULT OF APPEARANCE ABROAD . ARTICLE 27 ( 2 ) PROVIDES THAT A JUDGMENT SHALL NOT BE RECOGNIZED ' ... IF THE DEFENDANT WAS NOT DULY SERVED WITH THE DOCUMENT WHICH INSTITUTED THE PROCEEDINGS IN SUFFICIENT TIME TO ENABLE HIM TO ARRANGE FOR HIS DEFENCE ' . THAT PROVISION TAKES ACCOUNT OF THE FACT THAT CERTAIN CONTRACTING STATES MAKE PROVISION FOR THE FICTITIOUS SERVICE OF PROCESS WHERE THE DEFENDANT HAS NO KNOWN PLACE OF RESIDENCE . THE EFFECTS THAT ARE DEEMED TO FOLLOW FROM SUCH FICTITIOUS SERVICE VARY AND THE PROBABILITY OF THE DEFENDANT ' S ACTUALLY BEING INFORMED OF SERVICE , SO AS TO GIVE HIM SUFFICIENT TIME TO PREPARE HIS DEFENCE , MAY VARY CONSIDERABLY , DEPENDING ON THE TYPE OF FICTITIOUS SERVICE PROVIDED FOR IN EACH LEGAL SYSTEM .
31 IN VIEW OF THE FACT THAT ARTICLE 27 ( 2 ), AS HAS ALREADY BEEN STATED , SEEKS TO ENABLE A DEFENDANT TO DEFEND HIMSELF EFFECTIVELY , THE DEFENDANT ' S BEHAVIOUR MAY NOT BE USED AS A BASIS FOR CONSIDERING THAT SERVICE WAS EFFECTED IN SUFFICIENT TIME EVEN THOUGH THE PLAINTIFF SUBSEQUENTLY BECAME AWARE THAT THE DEFENDANT COULD BE REACHED AT A NEW ADDRESS . TO ADMIT SUCH A PROPOSITION WOULD BE TANTAMOUNT TO ACKNOWLEDGING THE EXISTENCE OF A PRESUMPTION THAT SERVICE WAS EFFECTED IN SUFFICIENT TIME . ALTHOUGH IT MAY RIGHTLY BE PRESUMED THAT SERVICE WAS EFFECTED IN SUFFICIENT TIME WHERE THE PLAINTIFF DID NOT KNOW WHERE TO REACH THE DEFENDANT , SUCH A PRESUMPTION WOULD CLEARLY BE CONTRARY TO THE PRINCIPLE THAT THE DEFENDANT ' S RIGHTS SHOULD BE PROTECTED IF , AFTER SERVICE , THE PLAINTIFF LEARNED WHERE THE DEFENDANT COULD BE REACHED .
P. Steinhauser v City of Biarritz.
Date: 1985-06-18
14 IT SHOULD BE NOTED THAT , AS THE COURT HAS STATED ON A NUMBER OF OCCASIONS , ARTICLE 52 OF THE TREATY , WHICH HAS BEEN DIRECTLY APPLICABLE IN THE MEMBER STATES SINCE THE END OF THE TRANSITIONAL PERIOD , CONSTITUTES ONE OF THE FUNDAMENTAL LEGAL PROVISIONS OF THE COMMUNITY . BY PROHIBITING ANY DISCRIMINATION ON GROUNDS OF NATIONALITY RESULTING FROM NATIONAL LAWS , REGULATIONS OR PRACTICES , THAT ARTICLE SEEKS TO ENSURE THAT , AS REGARDS THE RIGHT OF ESTABLISHMENT , A MEMBER STATE ACCORDS TO NATIONALS OF OTHER MEMBER STATES THE SAME TREATMENT AS IT ACCORDS TO ITS OWN NATIONALS . AS THE COURT HELD IN ITS JUDGMENT OF 28 APRIL 1977 IN CASE 71/76 ( THIEFFRY V CONSEIL DE L ' ORDRE DES AVOCATS A LA COUR DE PARIS ( 1977 ) ECR 765 ), IT IS INCUMBENT UPON ALL THE COMPETENT PUBLIC AUTHORITIES , INCLUDING LEGALLY RECOGNIZED PROFESSIONAL BODIES , TO OBSERVE THAT RULE .
Office national de l'emploi v Joszef Deak.
Date: 1985-06-20
16 IT FOLLOWS THAT A NATIONAL OF A NON-MEMBER COUNTRY WHO IS A MEMBER OF THE FAMILY OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE CANNOT RELY ON REGULATION NO 1408/71 , AND IN PARTICULAR ARTICLE 2 ( 1 ) AND ARTICLE 3 ( 1 ) THEREOF , IN ORDER TO CLAIM UNEMPLOYMENT BENEFITS GRANTED , UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THAT WORKER IS EMPLOYED , TO YOUNG PERSONS SEEKING EMPLOYMENT .
22 AS IS CLEAR FROM THE JUDGMENTS OF THE COURT OF 30 SEPTEMBER 1975 IN CASE 32/75 ( CRISTINI V SNCF ( 1975 ) ECR 1085 ) AND 16 DECEMBER 1976 IN CASE 63/76 ( INZIRILLO V CAISSE D ' ALLOCATIONS FAMILIALES LYON ( 1976 ) ECR 2057 ), THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN ARTICLE 7 OF REGULATION NO 1612/68 IS ALSO INTENDED TO PREVENT DISCRIMINATION AGAINST DESCENDANTS OF A WORKER WHO ARE DEPENDENT ON HIM .
27 THE ANSWER TO THE NATIONAL COURT ' S QUESTIONS MUST THEREFORE BE THAT A NATIONAL OF A NON-MEMBER COUNTRY WHO IS A MEMBER OF THE FAMILY OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE CANNOT RELY ON REGULATION NO 1408/71 , AND IN PARTICULAR ARTICLE 2 ( 1 ) AND ARTICLE 3 ( 1 ) THEREOF , IN ORDER TO CLAIM UNEMPLOYMENT BENEFITS GRANTED , UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THE WORKER IS EMPLOYED , TO YOUNG PERSONS SEEKING EMPLOYMENT , BUT THAT SUCH BENEFITS DO CONSTITUTE A SOCIAL ADVANTAGE AS REFERRED TO IN ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 .
Maurice Pauvert v Court of Auditors of the European Communities.
Date: 1985-06-20
14 FOR THE PURPOSES OF THE RESOLUTION OF THIS DISPUTE IT SHOULD BE OBSERVED FIRST OF ALL THAT THE APPOINTING AUTHORITY NEVER ADOPTED A DECISION PROMOTING THE APPLICANT TO THE POST IN QUESTION AND THAT , ONCE IT HAD DISCOVERED ITS ERROR , IT WAS IMPOSSIBLE FOR IT TO PROMOTE HIM TO THE POST SINCE THIS WOULD HAVE BEEN CONTRARY TO THE CONDITIONS SET OUT IN THE VACANCY NOTICE . THE APPOINTING AUTHORITY THEREFORE HAD NO OTHER CHOICE THAN TO RECOMMENCE THE PROCEDURE , WHICH NECESSARILY MEANT REVOKING THE UNDERTAKING GIVEN TO THE APPLICANT . IT FOLLOWS THAT THE APPLICANT MAY NOT BASE HIS CLAIMS ON THE VALIDITY OF THAT UNDERTAKING .
15 SINCE THE APPLICANT WAS IN THE BEST POSITION TO KNOW THAT HE DID NOT FULFIL THE CONDITIONS LAID DOWN IN THE VACANCY NOTICE , HE IS ALSO DEBARRED FROM FOUNDING HIS ACTION ON A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION BECAUSE SUCH EXPECTATION ON HIS PART MAY NOT BE CREATED BY AN UNDERTAKING VITIATED BY THE MISTAKE OF FACT DESCRIBED ABOVE .
Deutsche Genossenschaftsbank v SA Brasserie du Pêcheur.
Date: 1985-07-02
16 IT IS APPROPRIATE TO RECALL FIRST THAT IN ITS JUDGMENT OF 27 NOVEMBER 1984 ( CASE 258/83 , CALZATURIFICIO BRENNERO SAS V WENDEL GMBH SCHUHPRODUKTION INTERNATIONAL , ( 1984 ) ECR 3971 ) THE COURT STATED THAT THE CONVENTION ' PROVIDES FOR A VERY SIMPLE ENFORCEMENT PROCEDURE WHILST GIVING THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT AN OPPORTUNITY TO LODGE AN APPEAL ' . IT ALSO STATED THAT THE PRINCIPAL OBJECTIVE OF THE CONVENTION ' IS TO SIMPLIFY PROCEDURES IN THE STATE IN WHICH ENFORCEMENT IS SOUGHT ' .
17 IN ORDER TO ATTAIN THAT OBJECTIVE THE CONVENTION ESTABLISHED AN ENFORCEMENT PROCEDURE WHICH CONSTITUTES AN AUTONOMOUS AND COMPLETE SYSTEM , INCLUDING THE MATTER OF APPEALS . IT FOLLOWS THAT ARTICLE 36 OF THE CONVENTION EXCLUDES PROCEDURES WHEREBY INTERESTED THIRD PARTIES MAY CHALLENGE AN ENFORCEMENT ORDER UNDER DOMESTIC LAW .
18 THE CONVENTION MERELY REGULATES THE PROCEDURE FOR OBTAINING AN ORDER FOR THE ENFORCEMENT OF FOREIGN ENFORCEABLE INSTRUMENTS AND DOES NOT DEAL WITH EXECUTION ITSELF , WHICH CONTINUES TO BE GOVERNED BY THE DOMESTIC LAW OF THE COURT IN WHICH EXECUTION IS SOUGHT , SO THAT INTERESTED THIRD PARTIES MAY CONTEST EXECUTION BY MEANS OF THE PROCEDURES AVAILABLE TO THEM UNDER THE LAW OF THE STATE IN WHICH EXECUTION IS LEVIED .
Roland Abrias and others v Commission of the European Communities.
Date: 1985-07-03
30 WITH REGARD TO THAT SUBMISSION , IT SHOULD BE BORNE IN MIND IN THE FIRST PLACE THAT , AS IS APPARENT FROM CONSISTENT DECISIONS OF THE COURT ( SEE IN PARTICULAR THE JUDGMENT OF 30 NOVEMBER 1978 IN CASE 87/78 , WELDING V HAUPTZOLLAMT HAMBURG-WALTERSHOF , ( 1978 ) ECR 2457 ), THE EXTENT OF THE DUTY TO PROVIDE A STATEMENT OF REASONS UNDER ARTICLE 190 OF THE EEC TREATY DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION AND , IN THE CASE OF A REGULATION OR A MEASURE OF GENERAL APPLICATION , THE STATEMENT OF REASONS MAY BE CONFINED TO INDICATING , ON THE ONE HAND , THE GENERAL SITUATION WHICH LED TO ITS ADOPTION AND , ON THE OTHER , THE GENERAL OBJECTIVES WHICH IT IS INTENDED TO ACHIEVE .
Commission of the European Communities v Italian Republic.
Date: 1985-07-03
6 THE COMMISSION CONSIDERS THAT ALL LIQUEUR WINES , WHETHER OR NOT THEY BEAR A DESIGNATION OF ORIGIN , CONSTITUTE SIMILAR PRODUCTS WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 95 BECAUSE THEY ' HAVE SIMILAR CHARACTERISTICS AND MEET THE SAME NEEDS FROM THE POINT OF VIEW OF CONSUMERS ' , AS INDICATED BY THE COURT IN ITS JUDGMENT OF 27 FEBRUARY 1980 IN CASE 169/78 ( COMMISSION V ITALY ( 1980 ) ECR 385 , SEE PARAGRAPH 5 OF THE DECISION AND THE CASES REFERRED TO THEREIN ). THE COMMISSION POINTS OUT IN THAT REGARD THAT LIQUEUR WINES TAKEN TOGETHER FORM A RANGE OF HOMOGENEOUS PRODUCTS WITH SIMILAR CHARACTERISTICS . THE RELEVANT COMMUNITY RULES CONTAIN A PRECISE DEFINITION OF LIQUEUR WINE WHICH IS SET OUT IN PARAGRAPH 12 OF ANNEX II TO COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( OFFICIAL JOURNAL 1979 L 54 , P . 1 ). WITHIN THAT CATEGORY ALL LIQUEUR WINES ARE INTERCHANGEABLE AND MEET PRACTICALLY THE SAME NEEDS FROM THE POINT OF VIEW OF CONSUMERS .
12 AS FAR AS THE SUBSTANCE OF THE CASE IS CONCERNED , IT IS CLEAR FROM THE CONSISTENT CASE-LAW OF THE COURT ( SEE THE JUDGMENTS OF 27 FEBRUARY 1980 IN CASE 169/78 COMMISSION V ITALY ( 1980 ) ECR 385 AND OF 27 MAY 1981 IN JOINED CASES 142 AND 143/80 AMMINISTRAZIONE DELLE FINANZE DELLO STATO V ESSEVI AND SALENGO ( 1981 ) ECR 1413 ), THAT THE AIM OF ARTICLE 95 IS TO ENSURE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES IN NORMAL CONDITIONS OF COMPETITION BY THE ELIMINATION OF ALL FORMS OF PROTECTION WHICH RESULT FROM THE APPLICATION OF INTERNAL TAXATION WHICH DISCRIMINATES AGAINST PRODUCTS FROM OTHER MEMBER STATES OR WHICH IS PROTECTIONIST IN SCOPE . THE FIRST PARAGRAPH OF ARTICLE 95 , WHICH IS BASED ON A COMPARISON OF THE TAX BURDENS IMPOSED ON DOMESTIC PRODUCTS AND ON IMPORTED PRODUCTS WHICH MAY BE CLASSIFIED AS ' SIMILAR ' , IS THE BASIC RULE IN THIS RESPECT . HAVING REGARD TO THE STATE OF DEVELOPMENT OF COMMUNITY LAW , THE GRANT OF CERTAIN TAX EXEMPTIONS OR TAX CONCESSIONS BY WAY OF TAX RELIEF OR IN THE FORM OF A REDUCTION OF RATES OF TAX ON THE BASIS OF OBJECTIVE CRITERIA MUST BE PERMITTED ON CONDITION THAT THE BENEFIT OF SUCH MEASURES IS EXTENDED WITHOUT DISCRIMINATION TO IMPORTED PRODUCTS WHICH SATISFY THE SAME CONDITIONS .
NV De Jong Verenigde and Coöperatieve Melkprodukten Bedrijven "Domo-Bedum" GA v Voedselvoorzienings in- en verkoopbureau (VIB).
Date: 1985-07-03
14 THE COMMISSION OBSERVES THAT THE BUYER ' S OBLIGATION TO PROCESS THE BUTTER IS THE BASIS OF THE SCHEME . THE ASSUMPTION OF THAT OBLIGATION BY A SUBSEQUENT BUYER DOES NOT DISCHARGE HIM FROM HIS OBLIGATION TOWARDS THE INTERVENTION AGENCY . THE T5 CONTROL COPIES ARE NOT PROOF OF THE GOOD CONDUCT OF A SUBSEQUENT BUYER AND NO LEGITIMATE EXPECTATION CAN ARISE FROM THE FACT THAT THEY ARE DULY RETURNED . THE FIRST BUYER CAN PROTECT HIMSELF AGAINST THE RISK OF IMPROPER USE OF THE BUTTER BY CHOOSING HIS BUYERS CAREFULLY AND REQUIRING A SECURITY FROM THEM . IF THE SCHEME ESTABLISHED BY REGULATION NO 232/75 , UNDER WHICH THE SUBSIDY IS PAID PRIOR TO THE FINAL PROCESSING OF THE BUTTER , IS TO FUNCTION PROPERLY , THE FURNISHING OF A PROCESSING SECURITY AND THE RISK WHICH THIS INVOLVES FOR THE FIRST BUYER ARE ABSOLUTELY NECESSARY .
Frigen Ammann and others v Council of the European Communities.
Date: 1985-07-04
13 IT MUST BE NOTED THAT , IN THIS CASE , AS IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT , THE APPLICANTS CLAIMED ONLY DEFAULT INTEREST IN THEIR STANDARD COMPLAINTS AND NOT COMPENSATORY INTEREST WHICH THEY CLAIMED FOR THE FIRST TIME IN THEIR APPLICATION TO THE COURT . CONSEQUENTLY , THEIR APPLICATION IS INADMISSIBLE IN SO FAR AS IT CONCERNS THE PAYMENT OF COMPENSATORY INTEREST .

SUBSTANCE