larimo/cjeu-paragraph-retrieval huggingface dataset:
Commission of the European Communities v French Republic.
Date: 1977-03-16
17 IN THE ALTERNATIVE , THE FRENCH REPUBLIC CLAIMS THAT , IN THE ABSENCE OF ANY APPROPRIATE COMMUNITY MEASURES AND IN RESPECT OF AN AGRICULTURAL PRODUCT WHICH IS NOT YET COVERED BY A COMMON ORGANIZATION OF THE MARKET , THE MEMBER STATES MAY ADOPT MEASURES IN DEROGATION FROM THE COMMON RULES , THAT IS TO SAY , THE RULES ON THE FREE MOVEMENT OF GOODS PURSUANT TO ARTICLE 39 ET SEQ . OF THE TREATY , PROVIDED THAT SUCH DEROGATIVE MEASURES ARE OF A CONJUNCTURAL NATURE , ARE PROPORTIONAL TO THE LEGITIMATE OBJECTIVE PURSUED AND ARE SUBJECT TO REVIEW BY THE COURTS .
18 THE FRENCH GOVERNMENT STATES THAT ALTHOUGH ARTICLE 34 PROHIBITS ALL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON EXPORTS THE MEASURE WHICH IT HAS ADOPTED SHOULD NOT BE CONSIDERED SOLELY IN THE LIGHT OF ARTICLE 34 .
19 SINCE POTATOES ARE AGRICULTURAL PRODUCTS , AS REFERRED TO IN ARTICLES 38 TO 46 OF THE TREATY , IT IS CLAIMED THAT THE MEASURE AT ISSUE IS JUSTIFIED PURSUANT TO THE EXCEPTIONS WHICH MAY BE MADE ON THE BASIS OF THOSE ARTICLES TO THE RULES CONCERNING THE FREE MOVEMENT OF GOODS .
20 ARTICLE 38 ( 1 ) PROVIDES THAT THE COMMON MARKET SHALL EXTEND TO AGRICULTURE AND TRADE IN AGRICULTURAL PRODUCTS , WHILE PARAGRAPH ( 2 ) STATES THAT , SAVE AS OTHERWISE PROVIDED IN ARTICLES 39 TO 46 , THE RULES LAID DOWN FOR THE ESTABLISHMENT OF THE COMMON MARKET SHALL APPLY TO AGRICULTURAL PRODUCTS .
21 ACCORDINGLY , FOLLOWING THE END OF THE TRANSITIONAL PERIOD , THE PROVISIONS OF ARTICLES 39 TO 46 CANNOT BE RELIED UPON IN JUSTIFICATION OF A UNILATERAL DEROGATION FROM THE REQUIREMENTS OF ARTICLE 34 OF THE TREATY , EVEN IN RESPECT OF AN AGRICULTURAL PRODUCT FOR WHICH NO COMMON ORGANIZATION OF THE MARKET HAS YET BEEN ESTABLISHED .
Fernand Liegeois v Office national des pensions pour travailleurs salariés.
Date: 1977-03-16
12 A COMPARISON OF THE WORDING USED IN THE SIX OFFICIAL LANGUAGES HAS SHOWN UP VARIATIONS IN THE VERSIONS IN THE DIFFERENT LANGUAGES OF ARTICLE 9 BOTH AS TO THE DISTINCTION BETWEEN VOLUNTARY AND OPTIONAL INSURANCE AND AS TO THE CONCEPT OF CONTINUED INSURANCE .
14 THE DIFFERENT EXPRESSIONS USED ANYHOW SHOW AN INTENTION TO COVER EVERY TYPE OF INSURANCE INCORPORATING A VOLUNTARY ELEMENT AND IT MATTERS LITTLE WHETHER THERE IS ANY CONTINUANCE OF EXISTING INSURANCE OR NOT .
Walter Bozzone v Office de Sécurité sociale d'outre-mer.
Date: 1977-03-31
10 THIS DEFINITION IS REMARKABLE FOR ITS BREADTH , INCLUDING AS IT DOES ALL PROVISIONS LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION BY THE MEMBER STATES AND MUST BE TAKEN TO COVER ALL THE NATIONAL MEASURES APPLICABLE IN THIS CASE .
16 FINALLY , NO SPECIAL RULES FOR THE IMPLEMENTATION OF THE LEGISLATION IN QUESTION ARE LAID DOWN IN THE ANNEXES TO THE REGULATION .
Koninklijke Scholten Honig NV v Council and Commission of the European Communities.
Date: 1977-05-05
24 MOREOVER , THE FACT THAT A LEGAL PROVISION MAY HAVE DIFFERENT ACTUAL EFFECTS FOR THE VARIOUS PERSONS TO WHOM IT APPLIES IS NOT INCONSISTENT WITH ITS NATURE AS A REGULATION WHEN THAT SITUATION IS OBJECTIVELY DEFINED .
H.O.A.G.M. Perenboom v Inspecteur der directe belastingen te Nijmegen.
Date: 1977-05-05
11 ARTICLE 13 ( 1 ) OF REGULATION NO 1408/71 , WHICH PROVIDES THAT A WORKER ' SHALL BE SUBJECT TO THE LEGISLATION OF A SINGLE MEMBER STATE ONLY ' , EXCLUDES ANY POSSIBILITY OF THE OVERLAPPING OF SEVERAL NATIONAL LEGISLATIONS IN RESPECT OF ONE AND THE SAME PERIOD .
13 THE FACT THAT A WORKER IS REQUIRED TO PAY , IN RESPECT OF THE SAME EARNED INCOME , SOCIAL CHARGES ARISING UNDER THE APPLICATION OF SEVERAL NATIONAL LEGISLATIONS , ALTHOUGH HE CAN BE AN INSURED PERSON ONLY IN RESPECT OF ONE OF THOSE LEGISLATIONS , INVOLVES THE WORKER IN PAYMENT OF CONTRIBUTIONS TWICE OVER , CONTRARY TO THE PROVISIONS OF REGULATION NO 3 AND OF REGULATION NO 1408/71 CITED ABOVE .
Margherita Hebrant (née Macevicius) v European Parliament.
Date: 1977-05-12
6 SINCE ARTICLE 43 OF THE STAFF REGULATIONS PROVIDES FOR THE MAKING OF A PERIODIC REPORT EVERY TWO YEARS THESE ARE THUS MANDATORY MEASURES WHICH MUST BE COMMUNICATED TO THE PERSON CONCERNED .
7 IT IS CLEAR THAT THESE PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS .
8 ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR LACK OF AUTHORITY , IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL .
9 ACCORDINGLY THE ARGUMENT THAT AN APPLICATION AGAINST A PERIODIC REPORT IS IPSO FACTO INADMISSIBLE CANNOT BE ACCEPTED .
10 THE DEFENDANT PUTS FORWARD IN THE ALTERNATIVE THE ARGUMENT THAT THE REPORT WAS NOTIFIED TO THE APPLICANT ON 24 APRIL 1975 AT THE LATEST , SO THAT HER COMPLAINT THROUGH OFFICIAL CHANNELS LODGED ON 7 OCTOBER 1975 WAS OUT OF TIME .
Officier van Justitie v Beert van den Hazel.
Date: 1977-05-18
13 ONCE THE COMMUNITY HAS , PURSUANT TO ARTICLE 40 OF THE TREATY , LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .
16 IT MAY BE INFERRED FROM THOSE CONSIDERATIONS THAT THE ABSENCE OF MEASURES CONCERNING THE WITHDRAWAL , WHERE NECESSARY , OF PRODUCTS FROM THE MARKET DOES NOT STEM FROM AN OMISSION OR FROM AN INTENTION TO LEAVE MEASURES OF THIS NATURE TO THE APPRAISAL OF THE MEMBER STATES BUT IS RATHER THE CONSEQUENCE OF A CONSIDERED CHOICE OF ECONOMIC POLICY OF RELYING ESSENTIALLY ON MARKET FORCES TO ATTAIN THE DESIRED BALANCE .
18 IT THUS FOLLOWS FROM THE GENERAL TENOR OF THE REGULATION THAT , AS REGARDS THE INTERNAL TRADE OF THE COMMUNITY , THE ORGANIZATION OF THE MARKET IN THE PRODUCT IN QUESTION IS BASED UPON FREEDOM OF COMMERCIAL TRANSACTIONS UNDER CONDITIONS OF GENUINE COMPETITION .
Hoffmann-La Roche AG v Centrafarm Vertriebsgesellschaft Pharmazeutischer Erzeugnisse mbH.
Date: 1977-05-24
5 IN THE CONTEXT OF ARTICLE 177 , WHOSE PURPOSE IS TO ENSURE THAT COMMUNITY LAW IS INTERPRETED AND APPLIED IN A UNIFORM MANNER IN ALL THE MEMBER STATES , THE PARTICULAR OBJECTIVE OF THE THIRD PARAGRAPH IS TO PREVENT A BODY OF NATIONAL CASE-LAW 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 THE PROCEEDINGS IN THE PRESENT CASE , RELATING TO INTERIM MEASURES , WHERE AN ORDINARY MAIN ACTION , PERMITTING THE RE-EXAMINATION OF ANY QUESTION OF LAW PROVISIONALLY DECIDED IN THE SUMMARY PROCEEDINGS , MUST BE INSTITUTED , EITHER IN ALL CIRCUMSTANCES , OR WHEN THE UNSUCCESSFUL PARTY SO REQUIRES . IN THESE CIRCUMSTANCES THE SPECIFIC OBJECTIVE UNDERLYING THE THIRD PARAGRAPH OF ARTICLE 177 IS PRESERVED BY REASON OF THE FACT THAT THE OBLIGATION TO REFER PRELIMINARY QUESTIONS TO THE COURT APPLIES WITHIN THE CONTEXT OF THE MAIN ACTION .
6 THUS THE ANSWER TO THE QUESTION REFERRED MUST BE THAT THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A NATIONAL COURT OR TRIBUNAL IS NOT REQUIRED TO REFER TO THE COURT A QUESTION OF INTERPRETATION OR OF VALIDITY MENTIONED IN THAT ARTICLE WHEN THE QUESTION IS RAISED IN INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER ( EINSTWEILIGE VERFUGUNG ), EVEN WHERE NO JUDICIAL REMEDY IS AVAILABLE AGAINST THE DECISION TO BE TAKEN IN THE CONTEXT OF THOSE PROCEEDINGS PROVIDED THAT EACH OF THE PARTIES IS ENTITLED TO INSTITUTE PROCEEDINGS OR TO REQUIRE PROCEEDINGS TO BE INSTITUTED ON THE SUBSTANCE OF THE CASE AND THAT DURING SUCH PROCEEDINGS THE QUESTION PROVISIONALLY DECIDED IN THE SUMMARY PROCEEDINGS MAY BE RE-EXAMINED AND MAY BE THE SUBJECT OF A REFERENCE TO THE COURT UNDER ARTICLE 177 .
F.lli Cucchi v Avez S.p.A.
Date: 1977-05-25
19 IT FOLLOWS FROM THE FOREGOING THAT THE ANSWER TO THE FIRST QUESTION MUST BE THAT A DUTY FALLING WITHIN A GENERAL SYSTEM OF INTERNAL TAXATION APPLYING TO DOMESTIC PRODUCTS AS WELL AS TO IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA CAN CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS ONLY IF IT HAS THE SOLE PURPOSE OF FINANCING ACTIVITIES FOR THE SPECIFIC ADVANTAGE OF THE TAXED DOMESTIC PRODUCT ; IF THE TAXED PRODUCT AND THE DOMESTIC PRODUCT BENEFITING FROM IT ARE THE SAME ; AND IF THE CHARGES IMPOSED ON THE DOMESTIC PRODUCT ARE MADE GOOD IN FULL .
Interzuccheri S.p.A. v Società Rezzano e Cavassa.
Date: 1977-05-25
12 IT FOLLOWS FROM THE FOREGOING THAT THE ANSWER TO THE FIRST QUESTION MUST BE THAT A DUTY FALLING WITHIN A GENERAL SYSTEM OF INTERNAL TAXATION APPLYING TO DOMESTIC PRODUCTS AS WELL AS TO IMPORTED PRODUCTS ACCORDING TO THE SAME CRITERIA CAN CONSTITUTE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS ONLY IF IT HAS THE SOLE PURPOSE OF FINANCING ACTIVITIES FOR THE SPECIFIC ADVANTAGE OF THE TAXED DOMESTIC PRODUCT ; IF THE TAXED PRODUCT AND THE DOMESTIC PRODUCT BENEFITING FROM IT ARE THE SAME ; AND IF THE CHARGES IMPOSED ON THE DOMESTIC PRODUCT ARE MADE GOOD IN FULL .
S.r.l. Ufficio Henry van Ameyde v S.r.l. Ufficio centrale italiano di assistenza assicurativa automobilisti in circolazione internazionale (UCI).
Date: 1977-06-09
27 ARTICLE 7 OF THE TREATY PROHIBITS IN GENERAL TERMS ALL DISCRIMINATION BASED ON NATIONALITY .

IN THE RESPECTIVE SPHERES OF THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES ARTICLES 52 AND 59 GUARANTEE THE APPLICATION OF THE PRINCIPLE LAID DOWN BY ARTICLE 7 .
IT FOLLOWS THEREFORE THAT IF RULES ARE COMPATIBLE WITH ARTICLES 52 AND 59 THEY ARE ALSO COMPATIBLE WITH ARTICLE 7 .
Balkan-Import-Export GmbH v Hauptzollamt Berlin-Packhof.
Date: 1977-06-28
7 THE SECOND AND THIRD QUESTIONS ASK WHETHER THERE IS ANY LEGAL BASIS UNDER COMMUNITY LAW FOR EXEMPTION FROM PAYMENT OF MONETARY COMPENSATORY AMOUNTS ON GROUNDS OF NATURAL JUSTICE AND , IF SUCH BASIS EXISTS , WHAT , IN RELATION TO THE CASE TO BE DECIDED HERE , WOULD BE THE LEGAL PRINCIPLE APPLICABLE , IF ANY .
8 IN ITS PRESENT STATE , COMMUNITY LAW CONTAINS NO PROVISION , SUCH AS THAT EXISTING IN GERMAN LEGISLATION , WHICH ENABLES EXEMPTION FROM CHARGES INTRODUCED BY COMMUNITY LAW TO BE GRANTED BY ADMINISTRATIVE ACTION .

A PROPOSAL TO THAT EFFECT WHICH WAS SUBMITTED BY THE COMMISSION TO THE COUNCIL ON 30 DECEMBER 1975 , THAT IS , AT A DATE SUBSEQUENT TO THE EVENTS WHICH GAVE RISE TO THE PRESENT CASE , HAS SO FAR NOT BEEN ACTED UPON BY THE COUNCIL .
10 THE REPLY TO BE GIVEN TO THE SECOND AND THIRD QUESTIONS MUST THEREFORE BE THAT THERE IS NO LEGAL BASIS UNDER COMMUNITY LAW FOR EXEMPTION FROM MONETARY COMPENSATORY AMOUNTS ON GROUNDS OF NATURAL JUSTICE .
Richard Hugh Patrick v Ministre des affaires culturelles.
Date: 1977-06-28
10 IN LAYING DOWN THAT , IN THE CASE OF THE OLD MEMBER STATES AND THEIR NATIONALS , FREEDOM OF ESTABLISHMENT SHALL BE ATTAINED AT THE END OF THE TRANSITIONAL PERIOD , ARTICLE 52 THUS IMPOSES AN OBLIGATION TO ATTAIN A PRECISE RESULT , THE FULFILMENT OF WHICH HAD TO BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE IMPLEMENTATION OF A PROGRAMME OF PROGRESSIVE MEASURES .
Bela-Mühle Josef Bergmann KG v Grows-Farm GmbH & CO. KG.
Date: 1977-07-05
5 THE VALIDITY OF THESE ARRANGEMENTS HAS BEEN CONTESTED ON GROUNDS OF CONFLICT IN PARTICULAR WITH THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY AS DEFINED IN ARTICLE 39 OF THE TREATY , THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) AND THE PRINCIPLE OF PROPORTIONALITY BETWEEN THE MEANS EMPLOYED AND THE END IN VIEW . BECAUSE OF THE CLOSE CONNEXION BETWEEN THESE GROUNDS OF COMPLAINT , IT WILL BE APPROPRIATE TO CONSIDER THEM TOGETHER .
6 UNDER ARTICLE 39 , THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY ARE TO BE THE RATIONAL DEVELOPMENT OF AGRICULTURAL PRODUCTION , THE ASSURANCE OF A FAIR STANDARD OF LIVING FOR THE WHOLE OF THE AGRICULTURAL COMMUNITY , THE STABILIZATION OF MARKETS AND THE AVAILABILITY OF SUPPLIES TO CONSUMERS AT REASONABLE PRICES . ALTHOUGH ARTICLE 39 THUS ENABLES THE COMMON AGRICULTURAL POLICY TO BE DEFINED IN TERMS OF A WIDE CHOICE OF MEASURES INVOLVING GUIDANCE OR INTERVENTION , THE FACT NEVERTHELESS REMAINS THAT THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) PROVIDES THAT THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS SHALL BE LIMITED TO PURSUIT OF THE OBJECTIVES SET OUT IN ARTICLE 39 . FURTHERMORE , THE SAME SUBPARAGRAPH LAYS DOWN THAT THE COMMON ORGANIZATION OF THE MARKETS ' SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY ' . THUS THE STATEMENT OF THE OBJECTIVES CONTAINED IN ARTICLE 39 , TAKEN TOGETHER WITH THE RULES IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ), SUPPLIES BOTH POSITIVE AND NEGATIVE CRITERIA BY WHICH THE LEGALITY OF THE MEASURES ADOPTED IN THIS MATTER MAY BE AP- PRAISED .
7 THE ARRANGEMENTS MADE BY REGULATION ( EEC ) NO 563/76 CONSTITUTED A TEMPORARY MEASURE INTENDED TO COUNTERACT THE CONSEQUENCES OF A CHRONIC IMBALANCE IN THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS . A FEATURE OF THESE ARRANGEMENTS WAS THE IMPOSITION NOT ONLY ON PRODUCERS OF MILK AND MILK PRODUCTS BUT ALSO , AND MORE ESPECIALLY , ON PRODUCERS IN OTHER AGRICULTURAL SECTORS OF A FINANCIAL BURDEN WHICH TOOK THE FORM , FIRST , OF THE COMPULSORY PURCHASE OF CERTAIN QUANTITIES OF AN ANIMAL FEED PRODUCT AND , SECONDLY , OF THE FIXING OF A PURCHASE PRICE FOR THAT PRODUCT AT A LEVEL THREE TIMES HIGHER THAN THAT OF THE SUBSTANCES WHICH IT REPLACED . THE OBLIGATION TO PURCHASE AT SUCH A DISPROPORTIONATE PRICE CONSTITUTED A DISCRIMINATORY DISTRIBUTION OF THE BURDEN OF COSTS BETWEEN THE VARIOUS AGRICULTURAL SECTORS . NOR , MOREOVER , WAS SUCH AN OBLIGATION NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE IN VIEW , NAMELY , THE DISPOSAL OF STOCKS OF SKIMMED-MILK POWDER . IT COULD NOT THEREFORE BE JUSTIFIED FOR THE PURPOSES OF ATTAINING THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY .
Commission of the European Communities v Kingdom of the Netherlands.
Date: 1977-07-12
16 IN THESE CIRCUMSTANCES THE FEES CHARGED FOR SUCH INSPECTIONS CANNOT BE REGARDED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES , PROVIDED THAT THEIR AMOUNT DOES NOT EXCEED THE ACTUAL COST OF THE OPERATIONS IN RESPECT OF WHICH THEY ARE CHARGED .
18 ALTHOUGH IT THUS APPEARS THAT UNDER THE RULES RELATING TO THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY NO OBJECTION CAN IN PRINCIPLE BE RAISED AGAINST CHARGING THE FEES AT ISSUE , THE PRACTICES ADOPTED IN THIS CONNEXION BY THE VARIOUS MEMBER STATES SHOW THAT THERE CAN BE DIFFERENT WAYS OF DEALING WITH THE FINANCING OF PHYTOSANITARY INSPECTIONS ; EITHER THE WHOLE OR PART OF THE COST THEREOF IS DEFRAYED OUT OF PUBLIC FUNDS OR IT IS PASSED ON TO THE TRADE BY CHARGING FEES CORRESPONDING TO THE COST OF THE INSPECTIONS CARRIED OUT .
Bavaria Fluggesellschaft Schwabe & Co. KG and Germanair Bedarfsluftfahrt GmbH & Co. KG v Eurocontrol.
Date: 1977-07-14
4 THE COURT IN THE ABOVEMENTIONED JUDGMENT OF 14 OCTOBER 1976 HAS DETERMINED THE SCOPE OF THE BRUSSELS CONVENTION IN RELATION TO A JUDGMENT OF THE PRESENT KIND BY INTERPRETING ' CIVIL AND COMMERCIAL MATTERS '  AS AN INDEPENDENT CONCEPT AND NOT AS A REFERENCE TO THE INTERNAL LAW OF ONE OR OTHER OF THE STATES CONCERNED . THIS INTERPRETATION IS BASED ON THE DESIRE TO ENSURE IN RELATION TO COMMUNITY LAW THAT THE CONTRACTING STATES AND PARTIES CONCERNED HAVE EQUAL AND UNIFORM RIGHTS AND DUTIES UNDER THE BRUSSELS CONVENTION . THE PRINCIPLE OF LEGAL CERTAINTY IN THE COMMUNITY LEGAL SYSTEM AND THE OBJECTIVES OF THE BRUSSELS CONVENTION IN ACCORDANCE WITH ARTICLE 220 OF THE EEC TREATY , WHICH IS AT ITS ORIGIN , REQUIRE IN ALL MEMBER STATES A UNIFORM APPLICATION OF THE LEGAL CONCEPTS AND LEGAL CLASSIFICATIONS DEVELOPED BY THE COURT IN THE CONTEXT OF THE BRUSSELS CONVENTION .
Carlo Tedeschi v Denkavit Commerciale s.r.l.
Date: 1977-10-05
17 ARTICLE 177 IS BASED ON A DISTINCT SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND TRIBUNALS ON THE ONE HAND AND THE COURT OF JUSTICE ON THE OTHER , AND IT DOES NOT GIVE THE COURT JURISDICTION TO TAKE COGNIZANCE OF THE FACTS OF THE CASE , OR TO CRITICIZE THE REASONS FOR THE REFERENCE .
18 THEREFORE , WHEN A NATIONAL COURT OR TRIBUNAL REFERS A PROVISION OF COMMUNITY LAW FOR INTERPRETATION , IT IS TO BE SUPPOSED THAT THE SAID COURT OR TRIBUNAL CONSIDERS THIS INTERPRETATION NECESSARY TO ENABLE IT TO GIVE JUDGMENT IN THE ACTION .
34 ARTICLE 36 IS NOT DESIGNED TO RESERVE CERTAIN MATTERS TO THE EXCLUSIVE JURISDICTION OF MEMBER STATES BUT PERMITS NATIONAL LAWS TO DEROGATE FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS TO THE EXTENT TO WHICH SUCH DEROGATION IS AND CONTINUES TO BE JUSTIFIED FOR THE ATTAINMENT OF THE OBJECTIVES REFERRED TO IN THAT ARTICLE .
35 WHERE , IN APPLICATION OF ARTICLE 100 OF THE TREATY , COMMUNITY DIRECTIVES PROVIDE FOR THE HARMONIZATION OF THE MEASURES NECESSARY TO ENSURE THE PROTECTION OF ANIMAL AND HUMAN HEALTH AND ESTABLISH COMMUNITY PROCEDURES TO CHECK THAT THEY ARE OBSERVED , RECOURSE TO ARTICLE 36 IS NO LONGER JUSTIFIED AND THE APPROPRIATE CHECKS MUST BE CARRIED OUT AND THE MEASURES OF PROTECTION ADOPTED WITHIN THE FRAMEWORK OUTLINED BY THE HARMONIZING DIRECTIVE .
Peter Cremer v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1977-10-11
21 WITH REGARD TO THESE DOUBTS IT SHOULD BE OBSERVED THAT THE COUNCIL , HAVING REGARD TO THE SPECIAL NATURE OF THE PRODUCTS IN QUESTION , HAD NECESSARILY TO HAVE RECOURSE , SO AS TO ENSURE THAT THE RULES WERE PRACTICABLE , TO APPROXIMATE AND FLAT-RATE METHODS OF FIXING . FURTHER , IT APPEARS FROM THE ANSWERS TO THE SECOND AND THIRD QUESTIONS THAT THE SCOPE OF REGULATION NO 166/64 AND REGULATION NO 171/64 MUST IN NO CASE BE EXTENDED TO COVER ABUSIVE PRACTICES OF AN EXPORTER IN TAKING ADVANTAGE OF THE FLAT-RATE ASSESSMENT IN CALCULATING THE REFUNDS ESPECIALLY AS AT THE TIME IT WAS NOT A QUESTION OF ADOPTING A COMPREHENSIVE SET OF RULES BUT ONLY OF CREATING A FRAME-WORK WITHIN WHICH THE NATIONAL AUTHORITIES WERE TO REGULATE THE MARKET FOR THE PRODUCTS IN QUESTION AT THEIR OWN DISCRETION .
Fonds national de retraite des ouvriers mineurs v Giovanni Mura.
Date: 1977-10-13
9 THE CHARGE THAT MIGRANT WORKERS OBTAIN AN ADVANTAGE OVER WORKERS WHO HAVE NEVER LEFT THEIR OWN COUNTRY CANNOT BE ACCEPTED , SINCE NO DISCRIMINATION CAN ARISE IN LEGAL SITUATIONS WHICH ARE NOT COMPARABLE .
10 ANY DIFFERENCES WHICH MAY EXIST TO THE BENEFIT OF MIGRANT WORKERS DO NOT RESULT FROM THE INTERPRETATION OF COMMUNITY LAW BUT RATHER FROM THE LACK OF ANY COMMON SOCIAL SECURITY SYSTEM OR OF ANY HARMONIZATION OF THE EXISTING NATIONAL SCHEMES , WHICH CANNOT BE MITIGATED BY THE MERE CO-ORDINATION AT PRESENT PRACTISED .
André Schertzer v European Parliament.
Date: 1977-10-18
19 ALTHOUGH IT IS TRUE THAT THE LETTER OF TERMINATION DATED 12 MARCH 1968 FROM THE EUROPEAN DEMOCRATIC UNION GROUP MUST BE REGARDED AS HAVING ALONE GIVEN RISE TO THE CLAIM IN THE ACTION , THE EFFECT OF THE DELAY IN INSTITUTING PROCEEDINGS SHOULD NOT BE STRICTLY APPLIED TO THE APPLICANT IN VIEW OF THE DIFFICULTY WHICH HE EXPERIENCED IN IDENTIFYING THE AUTHORITY COMPETENT TO RECEIVE HIS COMPLAINT AND THE UNCERTAINTY WITH REGARD TO THE PERIOD OF NOTICE WHICH RESULTED FROM THE EXTENSION REQUESTED ON HIS BEHALF BY THE EUROPEAN DEMOCRATIC UNION GROUP AND GRANTED BY THE SECRETARY-GENERAL OF THE PARLIAMENT .
42 CONSIDERATIONS OF THIS NATURE ARE THEREFORE IRRELEVANT SINCE THIS CASE IS CONCERNED WITH THE ASSESSMENT OF THE POSITION OF A MEMBER OF STAFF RECRUITED FOR A PARTICULAR PURPOSE OF AN ESSENTIALLY POLITICAL NATURE , AS DEFINED IN ARTICLE 2 ( C ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS .

THE SUBMISSION OF MISUSE OF POWERS
Albert Ruckdeschel & Co. and Hansa-Lagerhaus Ströh & Co. v Hauptzollamt Hamburg-St. Annen ; Diamalt AG v Hauptzollamt Itzehoe.
Date: 1977-10-19
7 THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY PROVIDES THAT THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS ' SHALL EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY ' .

WHILST THIS WORDING UNDOUBTEDLY PROHIBITS ANY DISCRIMINATION BETWEEN PRODUCERS OF THE SAME PRODUCT IT DOES NOT REFER IN SUCH CLEAR TERMS TO THE RELATIONSHIP BETWEEN DIFFERENT INDUSTRIAL OR TRADE SECTORS IN THE SPHERE OF PROCESSED AGRICULTURAL PRODUCTS .

THIS DOES NOT ALTER THE FACT THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE AFORESAID PROVISION IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW .

THIS PRINCIPLE REQUIRES THAT SIMILAR SITUATIONS SHALL NOT BE TREATED DIFFERENTLY UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .
8 IT MUST THEREFORE BE ASCERTAINED WHETHER QUELLMEHL AND STARCH ARE IN A COMPARABLE SITUATION , IN PARTICULAR IN THE SENSE THAT STARCH CAN BE SUBSTITUTED FOR QUELLMEHL IN THE SPECIFIC USE TO WHICH THE LATTER PRODUCT IS TRADITIONALLY PUT .

IN THIS CONNEXION IT MUST FIRST BE NOTED THAT THE COMMUNITY REGULATIONS WERE , UNTIL 1974 , BASED ON THE ASSERTION THAT SUCH SUBSTITUTION WAS POSSIBLE .

HOWEVER , THE PLAINTIFFS IN THE MAIN ACTIONS ON THE ONE HAND , AND THE COUNCIL AND THE COMMISSION ON THE OTHER ARE NOT IN AGREEMENT CONCERNING THE CONTINUED EXISTENCE OF THAT SITUATION .

THE PLAINTIFFS IN THE MAIN ACTIONS CONTEND THAT THE OPPORTUNITIES FOR SUBSTITUTION ARE THE SAME AS PREVIOUSLY , WITH THE RESULT THAT , SINCE THE ABOLITION OF THE REFUND FOR QUELLMEHL , TRADE IN THE LATTER HAS FALLEN OFF IN FAVOUR OF STARCH .

WHILE THE COUNCIL AND THE COMMISSION HAVE GIVEN DETAILED INFORMATION ON THE MANUFACTURE AND SALE OF THE PRODUCTS IN QUESTION , THEY HAVE PRODUCED NO NEW TECHNICAL OR ECONOMIC DATA WHICH APPRECIABLY CHANGE THE PREVIOUS ASSESSMENT OF THE POSITION .

IT HAS NOT THEREFORE BEEN ESTABLISHED THAT , SO FAR AS THE COMMUNITY SYSTEM OF PRODUCTION REFUNDS IS CONCERNED , QUELLMEHL AND STARCH ARE NO LONGER IN COMPARABLE SITUATIONS .

CONSEQUENTLY , THESE PRODUCTS MUST BE TREATED IN THE SAME MANNER UNLESS DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .
SA Moulins & Huileries de Pont-à-Mousson and Société coopérative Providence agricole de la Champagne v Office national interprofessionnel des céréales.
Date: 1977-10-19
16 THIS DOES NOT ALTER THE FACT THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE PROVISION CITED IS MERELY A SPECIFIC ENUNCIATION OF THE GENERAL PRINCIPLE OF EQUALITY WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW .
22 IN VIEW IN PARTICULAR OF THE LENGTH OF TIME DURING WHICH THE TWO PRODUCTS WERE GIVEN EQUALITY OF TREATMENT WITH REGARD TO PRODUCTION REFUNDS , IT HAS NOT BEEN ESTABLISHED THAT THERE ARE OBJECTIVE CIRCUMSTANCES WHICH COULD HAVE JUSTIFIED ALTERING THE PREVIOUS SYSTEM AS WAS DONE BY REGULATION ( EEC ) NO 665/75 WHICH PUT AN END TO THIS EQUALITY OF TREATMENT .
SA Roquette Frères v French State - Administration des douanes.
Date: 1977-10-20
19 AS THE EVALUATION OF A COMPLEX ECONOMIC SITUATION IS INVOLVED , THE COMMISSION AND THE MANAGEMENT COMMITTEE ENJOY , IN THIS RESPECT , A WIDE MEASURE OF DISCRETION .
20 IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .
30 IN PURSUING THOSE OBJECTIVES , THE COMMUNITY INSTITUTIONS MUST SECURE THE PERMANENT HARMONIZATION MADE NECESSARY BY ANY CONFLICTS BETWEEN THESE OBJECTIVES TAKEN INDIVIDUALLY AND , WHERE NECESSARY , ALLOW ANY ONE OF THEM TEMPORARY PRIORITY IN ORDER TO SATISFY THE DEMANDS OF THE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .