larimo/cjeu-paragraph-retrieval huggingface dataset:
Lene Øhrgaard and Jean-Louis Delvaux v Commission of the European Communities.
Date: 1983-07-14
14 SINCE WHAT IS AT ISSUE IS A DECISION ON PROMOTION , IT SHOULD FIRST BE POINTED OUT THAT THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN EVALUATING THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO CONSIDERATION IN THE CONTEXT OF A DECISION UNDER ARTICLE 45 OF THE STAFF REGULATIONS AND THAT IN REGARD TO THOSE MATTERS THE COURT MUST CONFINE ITSELF TO THE QUESTION WHETHER THE ADMINISTRATION KEPT WITHIN PROPER BOUNDS AND DID NOT EXERCISE ITS POWER IN A MANIFESTLY ERRONEOUS MANNER .
Sven-Ole Mogensen and others v Commission of the European Communities.
Date: 1983-07-14
10 ALTHOUGH ARTICLE 29 ( 1 ) ( A ) REQUIRES THE APPOINTING AUTHORITY TO CONSIDER THE POSSIBILITY OF PROMOTION WITH THE UTMOST CARE BEFORE GOING ON TO THE FOLLOWING STAGE , IT DOES NOT PREVENT THE AUTHORITY , IN THE COURSE OF SUCH AN EXAMINATION , FROM ALSO TAKING ACCOUNT OF THE POSSIBILITY OF OBTAINING BETTER CANDIDATES BY USING THE OTHER PROCEDURE MENTIONED IN THAT PARAGRAPH . CONSEQUENTLY THE APPOINTING AUTHORITY IS AT LIBERTY TO CONSIDER THE SUBSEQUENT OPTIONS .
Armelle Detti v Court of Justice of the European Communities.
Date: 1983-07-14
33 SINCE THE COMPETITION IN QUESTION WAS AN OPEN COMPETITION FOR THE PURPOSE OF CONSTITUTING A RESERVE FOR FUTURE RECRUITMENT , THE APPLICANT ' S RIGHTS WILL BE ADEQUATELY PROTECTED IF THE BOARD AND THE APPOINTING AUTHORITY RECONSIDER THEIR DECISIONS AND SEEK A JUST SOLUTION IN HER CASE , IN THE LIGHT OF THE CONSIDERATIONS SET OUT ABOVE . IT WILL NOT BE NECESSARY TO CALL IN QUESTION THE     ENTIRE RESULTS OF THE COMPETITION OR TO ANNUL THE APPOINTMENTS WHICH HAVE BEEN MADE AS A RESULT THEREOF . IN THOSE CIRCUMSTANCES , THE APPLICANT ' S OTHER CLAIMS HAVE BECOME DEVOID OF PURPOSE .
Théo Nebe v Commission of the European Communities.
Date: 1983-07-14
25 IT IS SUFFICIENT TO NOTE IN THAT CONTEXT THAT THE COMMISSION ' S DECISION TO REASSIGN THE APPLICANT HAS BEEN SHOWN TO BE IN CONFORMITY WITH THE INTERESTS OF THE SERVICE . IT CANNOT THEREFORE BE ALLEGED THAT IT IS VITIATED BY MISUSE OF POWERS .
Gerling Konzern Speziale Kreditversicherungs-AG and others v Amministrazione del Tesoro dello Stato.
Date: 1983-07-14
11 IN APPLYING THE CONVENTION IT IS NECESSARY TO INTERPRET IT BY REFERENCE MAINLY TO ITS STRUCTURE AND OBJECTIVES IN ORDER TO MAKE IT FULLY EFFECTIVE .
17 IT IS APPARENT FROM A CONSIDERATION OF THE PROVISIONS OF THAT SECTION IN THE LIGHT OF THE DOCUMENTS LEADING TO THEIR ENACTMENT THAT IN AFFORDING THE INSURED A WIDER RANGE OF JURISDICTION THAN THAT AVAILABLE TO THE INSURER AND IN EXCLUDING ANY POSSIBILITY OF A CLAUSE CONFERRING JURISDICTION FOR THE BENEFIT OF THE INSURER THEIR PURPOSE WAS TO PROTECT THE INSURED WHO IS MOST FREQUENTLY FACED WITH A PREDETERMINED CONTRACT THE CLAUSES OF WHICH ARE NO LONGER NEGOTIABLE AND WHO IS IN A WEAKER ECONOMIC POSITION .
Spijker Kwasten BV v Commission of the European Communities.
Date: 1983-07-14
8 THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 15 JULY 1963 IN CASE 25/62 PLAUMANN ( 1963 ) ECR 95 THAT PERSONS OTHER THAN THOSE TO WHOM A DECISION IS ADDRESSED MAY CLAIM TO BE INDIVIDUALLY CONCERNED BY THAT DECISION ONLY IF IT AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS AND IF BY VIRTUE OF THOSE FACTORS IT DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .
Universität Hamburg v Hauptzollamt Hamburg-Kehrwieder.
Date: 1983-09-27
10 IN THOSE CIRCUMSTANCES THE REJECTION BY THE NATIONAL AUTHORITY OF THE SCIENTIFIC ESTABLISHMENT ' S APPLICATION IS THE ONLY MEASURE WHICH IS DIRECTLY ADDRESSED TO IT , OF WHICH IT HAS NECESSARILY BEEN INFORMED IN GOOD TIME AND WHICH THE ESTABLISHMENT MAY CHALLENGE IN THE COURTS WITHOUT ENCOUNTERING ANY     DIFFICULTY IN DEMONSTRATING ITS INTEREST IN BRINGING PROCEEDINGS . ACCORDING TO A GENERAL PRINCIPLE OF LAW WHICH FINDS ITS EXPRESSION IN ARTICLE 184 OF THE EEC TREATY , IN PROCEEDINGS BROUGHT UNDER NATIONAL LAW AGAINST THE REJECTION OF HIS APPLICATION THE APPLICANT MUST BE ABLE TO PLEAD THE ILLEGALITY OF THE COMMISSION ' S DECISION ON WHICH THE NATIONAL DECISION ADOPTED IN HIS REGARD IS BASED .
12 THE ANSWER TO THE FIRST TWO QUESTIONS OF THE FINANZGERICHT SHOULD THEREFORE BE THAT THE PERSON OR PERSONS CONCERNED BY A DECISION ADOPTED BY THE COMMISSION PURSUANT TO ARTICLE 4 OF REGULATION NO 3195/75 MAY PLEAD THE ILLEGALITY OF THE DECISION BEFORE THE NATIONAL COURT IN PROCEEDINGS AGAINST THE FIXING OF CUSTOMS DUTY AND THAT THE QUESTION OF THE VALIDITY OF THE DECISION MAY THEREFORE BE REFERRED TO THE COURT IN PROCEEDINGS FOR A PRELIMINARY RULING .

THE THIRD QUESTION
14 IN THIS REGARD IT MUST BE STRESSED FIRST OF ALL THAT THE REGULATIONS IN QUESTION ARE MEANT TO ENSURE THAT APPLICATIONS WHICH ARE REFERRED TO THE COMMISSION AND ON WHICH ONE OR MORE MEMBER STATES HAVE GIVEN AN UNFAVOURABLE OPINION RECEIVE A THOROUGH EXAMINATION . ARTICLE 4 OF REGULATION NO 3195/75 REQUIRES THAT EXAMINATION TO BE CARRIED OUT BY EXPERTS FROM ALL THE MEMBER STATES MEETING IN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS ; THEY HAVE AT THEIR DISPOSAL NOT ONLY THE APPLICATION BUT ALSO THE RELEVANT TECHNICAL DOCUMENTS AND THEY COMPARE THE INSTRUMENTS IN QUESTION TAKING INTO ACCOUNT     THE PARTICULAR USE TO WHICH THE IMPORTER INTENDS TO PUT THE IMPORTED INSTRUMENT . GIVEN THE TECHNICAL CHARACTER OF THAT EXAMINATION THE COURT CANNOT , SAVE IN THE EVENT OF MANIFEST ERROR OF FACT OR LAW OR MISUSE OF POWER , FIND FAULT WITH THE CONTENTS OF A DECISION WHICH THE COMMISSION HAD ADOPTED IN CONFORMITY WITH THE COMMITTEE ' S OPINION .
Ministero delle Finanze v Esercizio Magazzini Generali SpA and Mellina Agosta Srl.
Date: 1983-10-05
14 IT APPEARS FROM THE ABOVE-MENTIONED ARTICLE TOGETHER WITH THE NINTH RECITAL OF THE PREAMBLE TO THE DIRECTIVE THAT THE REASONS FOR THE EXTINCTION MUST BE BASED ON THE FACT THAT THE GOODS HAVE NOT BEEN USED FOR THE ECONOMIC PURPOSE WHICH JUSTIFIED THE APPLICATION OF IMPORT DUTIES . IN THE CASE OF THEFT , IT MAY BE ASSUMED THAT THE GOODS PASS INTO THE COMMUNITY COMMERCIAL CIRCUIT . IT FOLLOWS THAT ' ' LOSS ' '  OF THE GOODS FOR THE PURPOSES OF THE DIRECTIVE DOES NOT EMBRACE THE CONCEPT OF THEFT , REGARDLESS OF THE CIRCUMSTANCES IN WHICH IT HAS BEEN COMMITTED .
SA Delhaize Frères "Le Lion" and others v Belgian State.
Date: 1983-10-06
11 IT MUST IN THE FIRST PLACE BE POINTED OUT THAT , AS FAR AS FRESH MEAT IS CONCERNED , THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 15 DECEMBER 1976 IN CASE 35/76 SIMMENTHAL ( 1976 ) ECR 1871 THAT THE HARMONIZED SYSTEM OF PUBLIC HEALTH INSPECTIONS , INTRODUCED IN PARTICULAR BY DIRECTIVE 64/433 , HAS AS ITS AIM THE ABOLITION OF BARRIERS TO INTRA-COMMUNITY TRADE IN FRESH MEAT BY THE HARMONIZATION OF PUBLIC HEALTH MEASURES . THAT SYSTEM , WHICH IS BASED ON THE PRINCIPLE THAT THE PUBLIC HEALTH GUARANTEES REQUIRED BY ALL THE MEMBER STATES ARE EQUIVALENT , ACCORDINGLY HAS AS ITS PURPOSE TO TRANSFER SUPERVISION TO THE EXPORTING MEMBER STATE AND TO REPLACE IN THIS WAY     THE SYSTEMATIC MEASURES OF PROTECTION AT THE FRONTIER WITH A UNIFORM SYSTEM SO AS TO MAKE MULTIPLE FRONTIER INSPECTIONS UNNECESSARY , WHILST AT THE SAME TIME GIVING THE MEMBER STATE OF DESTINATION THE OPPORTUNITY OF ENSURING THAT THE GUARANTEES PROVIDED BY THE SYSTEM OF INSPECTIONS THUS STANDARDIZED ARE IN FACT GIVEN .
Oswald Schmidt, trading as Demo-Studio Schmidt, v Commission of the European Communities.
Date: 1983-10-11
19 AS REGARDS THE ALLEGED INFRINGEMENT OF THE COMPETITION RULES OF THE TREATY , THE COURT CONSIDERS THAT THE COMMISSION , HAVING RECEIVED THE APPLICANT ' S COMPLAINT , WAS UNDER A DUTY TO EXAMINE THE FACTS PUT FORWARD BY THE APPLICANT IN ORDER TO DECIDE WHETHER REVOX ' S APPLICATION OF ITS SELECTIVE DISTRIBUTION SYSTEM WAS CAPABLE OF DISTORTING COMPETITION WITHIN THE COMMON MARKET AND OF AFFECTING TRADE BETWEEN MEMBER STATES .
Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel.
Date: 1983-10-27
16 CONSEQUENTLY , WHEN A DECISION TO SUSPEND ADVANCE FIXING IS ADOPTED BY THE COMMISSION , AN APPLICATION FOR ADVANCE FIXING SUBMITTED PRIOR TO THE SUSPENSION BUT ON WHICH A DECISION IS TO BE TAKEN DURING THE WAITING PERIOD MUST BE REJECTED IN THE SAME WAY AS APPLICATIONS SUBMITTED DURING THE PERIOD OF SUSPENSION .
Federal Republic of Germany v Commission of the European Communities.
Date: 1983-11-09
10 IN THAT CONNECTION , IT IS APPROPRIATE IN THE FIRST PLACE TO STRESS THAT , ALTHOUGH IT MAY BE NECESSARY , FOR THE PROPER WORKING OF THE COMPLEX SYSTEM OF MONETARY COMPENSATORY AMOUNTS , TO REQUIRE , IN ARTICLE 13 OF THE AFORESAID REGULATION NO 1463/73 , A WRITTEN APPLICATION FROM THE PERSON CONCERNED , IT IS NECESSARY , AS THE COURT HAS PREVIOUSLY HELD WITH WITH REGARD TO REFUNDS IN ITS JUDGMENTS OF 6 JUNE 1972 ( CASE 94/71 SCHLUTER & MAACK V HAUPTZOLLAMT HAMBURG-JONAS ( 1972 ) ECR 307 AND 22 JANUARY 1975 ( THE UNKEL CASE MENTIONED ABOVE ), TO AVOID ANY FORMALISM WHICH WOULD GO FURTHER THAN IS NECESSARY FOR AN EFFECTIVE SUPERVISION OF THE TRANSACTIONS .
Commission of the European Communities v Kingdom of Denmark.
Date: 1983-11-09
18 THE COURT HAS CONSISTENTLY HELD THAT ANY PECUNIARY CHARGE , WHATEVER ITS DESIGNATION OR MODE OF APPLICATION , WHICH IS IMPOSED UNILATERALLY ON GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER , AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE , CONSTITUTES A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLES 9 , 12 , 13 AND 16 OF THE TREATY , EVEN IF IT IS NOT IMPOSED ON BEHALF OF THE STATE .
19 THE ONLY EXCEPTION IS WHERE THE CHARGE IN QUESTION REPRESENTS PAYMENT FOR A SERVICE RENDERED TO THE IMPORTER , OF A SUM IN PROPORTION TO THE SERVICE , OR IF IT FORMS PART OF A GENERAL SYSTEM OF INTERNAL DUES APPLIED SYSTEMATICALLY IN ACCORDANCE WITH THE SAME CRITERIA TO BOTH NATIONAL PRODUCTS AND IMPORTED OR EXPORTED PRODUCTS .
Ferdinand M.J.J. Duijnstee v Lodewijk Goderbauer.
Date: 1983-11-15
13 THE PRINCIPLE OF LEGAL CERTAINTY IN THE COMMUNITY LEGAL ORDER AND THE AIMS PURSUED BY THE CONVENTION IN ACCORDANCE WITH ARTICLE 220 OF THE TREATY , ON WHICH IT IS BASED , REQUIRE THAT THE EQUALITY AND UNIFORMITY OF RIGHTS AND     OBLIGATIONS ARISING FROM THE CONVENTION FOR THE CONTRACTING STATES AND THE PERSONS CONCERNED MUST BE ENSURED , REGARDLESS OF THE RULES LAID DOWN IN THAT REGARD IN THE LAWS OF THOSE STATES .
19 THUS THE TERM ' ' PROCEEDINGS CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS ' '  CONTAINED IN ARTICLE 16 ( 4 ) MUST BE REGARDED AS AN INDEPENDENT CONCEPT INTENDED TO HAVE UNIFORM APPLICATION IN ALL THE CONTRACTING STATES .
22 IN THAT REGARD , IT MUST BE NOTED THAT THE EXCLUSIVE JURISDICTION IN PROCEEDINGS CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS CONFERRED UPON THE COURTS OF THE CONTRACTING STATE IN WHICH THE DEPOSIT OR REGISTRATION HAS BEEN APPLIED FOR IS JUSTIFIED BY THE FACT THAT THOSE COURTS ARE BEST PLACED TO ADJUDICATE UPON CASES IN WHICH THE DISPUTE ITSELF CONCERNS THE VALIDITY OF THE PATENT OR THE EXISTENCE OF THE DEPOSIT OR REGISTRATION .
23 ON THE OTHER HAND , AS IS EXPRESSLY STATED IN THE REPORT ON THE CONVENTION ( OFFICIAL JOURNAL 1979 , C 59 , P . 1 , AT P . 36 ), ' ' OTHER ACTIONS , INCLUDING THOSE FOR INFRINGEMENT OF PATENTS , ARE GOVERNED BY THE GENERAL RULES OF THE CONVENTION ' ' . THAT STATEMENT CONFIRMS THE RESTRICTIVE NATURE OF THE PROVISION CONTAINED IN ARTICLE 16 ( 4 ).
24 IT FOLLOWS THAT PROCEEDINGS ' ' CONCERNED WITH THE REGISTRATION OR VALIDITY OF PATENTS ' '  MUST BE REGARDED AS PROCEEDINGS IN WHICH THE CONFERRING OF EXCLUSIVE JURISDICTION ON THE COURTS OF THE PLACE IN WHICH THE PATENT WAS GRANTED IS JUSTIFIED IN THE LIGHT OF THE FACTORS MENTIONED ABOVE , SUCH AS PROCEEDINGS RELATING TO THE VALIDITY , EXISTENCE OR LAPSE OF A PATENT OR AN ALLEGED RIGHT OF PRIORITY BY REASON OF AN EARLIER DEPOSIT .
25 IF , ON THE OTHER HAND , THE DISPUTE DOES NOT ITSELF CONCERN THE VALIDITY OF THE PATENT OR THE EXISTENCE OF THE DEPOSIT OR REGISTRATION , THERE IS NO SPECIAL REASON TO CONFER EXCLUSIVE JURISDICTION ON THE COURTS OF THE CONTRACTING STATE IN WHICH THE PATENT WAS APPLIED FOR OR GRANTED AND CONSEQUENTLY SUCH A DISPUTE IS NOT COVERED BY ARTICLE 16 ( 4 ).
26 IN A CASE SUCH AS THE PRESENT , NEITHER THE VALIDITY OF THE PATENTS NOR THE LEGALITY OF THEIR REGISTRATION IN THE VARIOUS COUNTRIES IS DISPUTED BY THE PARTIES TO THE MAIN ACTION . THE OUTCOME OF THE CASE IN FACT DEPENDS EXCLUSIVELY ON THE QUESTION WHETHER MR GODERBAUER OR THE INSOLVENT COMPANY BV SCHROEFBOUTENFABRIEK IS ENTITLED TO THE PATENT , WHICH MUST BE DETERMINED ON THE BASIS OF THE LEGAL RELATIONSHIP WHICH EXISTED BETWEEN THE PARTIES CONCERNED . THEREFORE THE SPECIAL JURISDICTION RULE CONTAINED IN ARTICLE 16 ( 4 ) SHOULD NOT BE APPLIED .
Commission of the European Communities v Italian Republic.
Date: 1983-11-15
7 A TELEX MESSAGE OF 28 MAY 1980 , IN WHICH THAT LETTER WAS REFERRED TO AND A REMINDER OF 28 JULY 1980 MET WITH NO RESPONSE ON THE PART OF THE ITALIAN GOVERNMENT .
Thyssen AG v Commission of the European Communities.
Date: 1983-11-16
11 THE ARGUMENT CONCERNING THE PROMISE ALLEGEDLY MADE BY CERTAIN COMMISSION OFFICIALS MUST ALSO BE REJECTED , SINCE NO OFFICIAL CAN GIVE A VALID UNDERTAKING NOT TO APPLY COMMUNITY LAW . NO LEGITIMATE EXPECTATION CAN THEREFORE HAVE BEEN AROUSED BY SUCH A PROMISE , EVEN IF ONE WAS MADE .
18 HOWEVER , THE COURT MUST CONSIDER WHETHER THE CIRCUMSTANCES OF THE CASE JUSTIFY THE AMOUNT OF THE FINE IMPOSED BY THE COMMISSION . IN THAT RESPECT , IT MUST BE REMEMBERED THAT THE APPLICANT PLEADS A BREACH OF THE PRINCIPLE OF PROPORTIONALITY , ON THE GROUND THAT THE COMMISSION IMPOSED A FINE EXCLUSIVELY ON THE BASIS OF AN ARITHMETICAL CALCULATION OF THE QUANTITY PRODUCED IN EXCESS OF THE QUOTA WITHOUT TAKING INTO ACCOUNT THE SPECIFIC CIRCUMSTANCES OF THE CASE .
19 THE COMMISSION ARGUES THAT IT IS BOUND BY ARTICLE 9 OF DECISION NO 2794/80 , WHICH PROVIDES THAT THE AMOUNT OF THE FINE SHALL ' ' GENERALLY ' '  BE 75 ECU PER TONNE OF EXCESS PRODUCTION . IT STATES THAT ITS ADMINISTRATIVE PRACTICE IN APPLYING THAT PROVISION HAS INVARIABLY BEEN TO IMPOSE A FINE OF 75 ECU PER TONNE OF EXCESS PRODUCTION . IT NEVERTHELESS ACKNOWLEDGES THAT THE IMPOSITION OF A FINE AT A LOWER RATE IS POSSIBLE IN CERTAIN EXCEPTIONAL CASES .
20 THAT REASONING IS HOWEVER BASED ON A MISCONCEPTION OF THE COMMISSION ' S POWERS . ARTICLE 9 OF DECISION NO 2794/80 , INTERPRETED IN THE LIGHT OF ARTICLE 58 ( 4 ) OF THE ECSC TREATY , WHICH MERELY REFERS TO FINES ' ' NOT EXCEEDING THE VALUE ' '  OF THE EXCESS PRODUCTION , AND IN THE LIGHT OF THE TERM ' ' GENERALLY ' '  CONTAINED IN ARTICLE 9 ITSELF , IN NO WAY PRECLUDES THE COMMISSION FROM MODIFYING THE AMOUNT OF THE FINES , HAVING REGARD TO THE CIRCUMSTANCES OF THE INFRINGEMENT , AS THE COMMISSION ITSELF RECOGNIZES IN REGARD TO EXCEPTIONAL CASES .
21 IT IS CLEAR FROM THE EVIDENCE BEFORE THE COURT THAT THE COMMISSION ' S DELAY IN NOTIFYING THE DEFINITIVE QUOTA TO THYSSEN PREVENTED IT FROM PRODUCING IN THE FINAL QUARTER OF 1980 THE QUANTITY WHICH IT WAS ENTITLED TO PRODUCE . AS THE APPLICANT HAS DEMONSTRATED BY MEANS OF A VERY DETAILED ACCOUNT OF THE TECHNICAL REQUIREMENTS OF PRODUCTION AND OF LABOUR LEGISLATION IN THE FEDERAL REPUBLIC OF GERMANY , THE PERIOD BETWEEN 17 DECEMBER 1980 AND THE EXPIRY OF THE FOURTH QUARTER OF 1980 WAS NO LONGER SUFFICIENT FOR IT TO USE UP THE TOLERANCE MARGIN .
22 THUS IT CANNOT BE DENIED THAT THE APPLICANT FOUND ITSELF IN AN EXCEPTIONAL SITUATION JUSTIFYING A DIFFERENT ASSESSMENT FROM THAT MADE BY THE COMMISSION AS REGARDS THE GRAVITY OF THE INFRINGEMENT AND THE FIXING OF THE AMOUNT OF THE FINE .
Firma E. Merck v Hauptzollamt Hamburg-Jonas.
Date: 1983-11-17
12 IF THE WORDING OF THE CONTESTED REGULATIONS , READ TOGETHER WITH THE ANNEX TO REGULATION NO 1400/78 ONLY , IS REFERRED TO , THEN , AS THE FINANZGERICHT POINTS OUT , THE EXPORT REFUNDS ON MANNITOL AND SORBITOL SHOULD IN ANY EVENT BE GRANTED FOR THE PERIOD IN QUESTION AT THE REDUCED RATES SET OUT IN TABLE I OF THE ANNEX TO THE CONTESTED REGULATIONS . HOWEVER , AS THE COURT HAS EMPHASIZED IN PREVIOUS DECISIONS , IN INTERPRETING A PROVISION OF COMMUNITY LAW IT IS NECESSARY TO CONSIDER NOT ONLY ITS WORDING BUT ALSO THE CONTEXT IN WHICH IT OCCURS AND THE OBJECTS OF THE RULES OF WHICH IT IS PART .
Benito D'Amario v Landesversicherungsanstalt Schwaben.
Date: 1983-11-24
4 IN ITS JUDGMENT OF 9 JUNE 1980 ( CASE 807/79 GRAVINA ( 1980 ) ECR 2205 ), THE COURT NOTED THAT THE AIM OF ARTICLE 51 OF THE TREATY WOULD NOT BE ACHIEVED IF , AS A RESULT OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE SOCIAL SECURITY ADVANTAGES GUARANTEED TO THEM , IN ANY EVENT , BY THE LEGISLATION OF A SINGLE MEMBER STATE . CONSEQUENTLY THE COMMUNITY RULES ON SOCIAL SECURITY CANNOT , IN THE ABSENCE OF AN EXPRESS EXCEPTION CONSISTENT WITH THE AIMS OF THE TREATY , BE APPLIED IN SUCH A WAY AS TO DEPRIVE A MIGRANT WORKER OR HIS DEPENDANTS OF BENEFITS GRANTED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE .
5 IT FOLLOWS FROM THE ABOVE-MENTIONED JUDGMENT THAT ARTICLE 78 OF REGULATION NO 1408/71 MAY NOT BE INTERPRETED IN SUCH A WAY AS TO DEPRIVE THE ORPHANS OF A DECEASED WORKER WHO HAS BEEN SUBJECT TO THE LEGISLATION OF MORE THAN ONE MEMBER STATE OF THE BENEFITS ACQUIRED UNDER THE LEGISLATION OF A SINGLE MEMBER STATE IF THEY ARE HIGHER THAN THE BENEFITS GRANTED BY THE MEMBER STATE TO WHOSE TERRITORY THE ORPHANS '  RESIDENCE HAS BEEN TRANSFERRED .
Roussel Laboratoria BV and others v État néerlandais.
Date: 1983-11-29
17 THE COURT HAS FREQUENTLY HAD OCCASION TO APPLY THOSE PRINCIPLES TO PRICE CONTROL SYSTEMS APPLICABLE TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE ( SEE JUDGMENTS OF 26 FEBRUARY 1976 IN CASE 62/75 TASCA ( 1976 ) ECR 291 AND IN JOINED CASES 88 TO 90/75 SADAM ( 1976 ) ECR 323 ; JUDGMENT OF 24 JANUARY 1978 IN CASE 82/77 VAN TIGGELE ( 1978 ) ECR 25 ; JUDGMENT OF 6 NOVEMBER 1979 IN JOINED CASES 16-20/79 DANIS ( 1979 ) ECR 3277 ). THE COURT HAS HELD THAT ALTHOUGH SUCH SYSTEMS DO NOT IN THEMSELVES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , THEY MAY HAVE SUCH AN EFFECT WHEN THE PRICES ARE FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS .
25 ACCORDINGLY , THE ANSWER TO THE FIRST PART OF THE FIRST QUESTION SHOULD BE THAT ARTICLE 30 OF THE EEC TREATY PRECLUDES A MEMBER STATE FROM INTRODUCING SPECIFIC LEGISLATION IN RESPECT OF IMPORTED PHARMACEUTICAL PRODUCTS WHICH REFERS TO THE MANUFACTURER ' S BASIC PRICES USUALLY CHARGED FOR PRODUCTS INTENDED FOR CONSUMPTION WITHIN THE TERRITORY OF THE MEMBER STATE IN WHICH THEY ARE PRODUCED , WHERE THE LEGISLATION APPLICABLE TO DOMESTIC PRODUCTION IS BASED SOLELY ON A FREEZE OF THE LEVEL OF PRICES AT A GIVEN REFERENCE DATE .
Adam P.H. Blomefield v Commission of the European Communities.
Date: 1983-12-01
20 IT FOLLOWS THAT , EVEN THOUGH THE DECISION AT ISSUE MAY NOT BE REGARDED AS A GENERAL IMPLEMENTING PROVISION WITHIN THE MEANING OF ARTICLE 110 OF THE STAFF REGULATIONS , IT CONSTITUTES AN INTERNAL DIRECTIVE . HOWEVER , AS THE COURT HELD IN ITS JUDGMENT OF 30 JANUARY 1974 ( CASE 148/73 LOUWAGE V COMMISSION ( 1974 ) ECR 81 ), SUCH AN INTERNAL DIRECTIVE MUST BE REGARDED AS A RULE OF CONDUCT , INDICATING THE PRACTICE TO BE FOLLOWED , WHICH THE ADMINISTRATION IMPOSES ON ITSELF AND FROM WHICH IT MAY NOT DEPART WITHOUT SPECIFYING THE REASONS WHICH HAVE LED IT TO DO SO , SINCE OTHERWISE THE PRINCIPLE OF EQUALITY OF TREATMENT WOULD BE INFRINGED .
Christos Michael v Commission of the European Communities.
Date: 1983-12-01
14 IT FOLLOWS THAT , EVEN THOUGH THE DECISION IN QUESTION MAY NOT BE REGARDED AS A GENERAL IMPLEMENTING MEASURE WITHIN THE MEANING OF ARTICLE 110 OF THE STAFF REGULATIONS , IT CONSTITUTES AN INTERNAL DIRECTIVE . AS THE COURT STATED IN ITS JUDGMENT OF 30 JANUARY 1974 ( CASE 148/73 , LOUWAGE V COMMISSION , ( 1974 ) ECR 81 ), SUCH AN INTERNAL DIRECTIVE MUST BE REGARDED AS A RULE OF CONDUCT , INDICATING THE PRACTICE TO BE FOLLOWED , WHICH THE ADMINISTRATION IMPOSES ON ITSELF AND FROM WHICH IT MAY NOT DEPART WITHOUT SPECIFYING THE REASONS WHICH HAVE LED IT TO DO SO , SINCE OTHERWISE THE PRINCIPLE OF EQUALITY OF TREATMENT WOULD BE INFRINGED .
19 THE RULES ON GRADE AND STEP CLASSIFICATION SET OUT IN ARTICLES 31 AND 32 OF THE STAFF REGULATIONS LAY DOWN THE PRINCIPLE THAT CANDIDATES APPOINTED OFFICIALS IN CATEGORY A OR IN THE LANGUAGE SERVICE ARE RECRUITED IN THE STARTING GRADE OF THEIR CATEGORY OR SERVICE AND CLASSIFIED IN THE FIRST STEP OF THEIR GRADE . HOWEVER , THOSE TWO ARTICLES ALLOW THE APPOINTING AUTHORITY TO MAKE EXCEPTIONS TO THOSE RULES , TAKING ACCOUNT OF THE EXPERIENCE OF THE PERSONS CONCERNED , PROVIDED THAT IT IS SUFFICIENTLY ' ' SPECIFIC ' '  IN RELATION TO THE VACANT POST .
Commission of the European Communities v Council of the European Communities.
Date: 1983-12-13
15 THE COURT TAKES THE VIEW THAT WHEN THE WORDING OF SECONDARY COMMUNITY LAW IS OPEN TO MORE THAN ONE INTERPRETATION , PREFERENCE SHOULD BE GIVEN TO THE INTERPRETATION WHICH RENDERS THE PROVISION CONSISTENT WITH THE TREATY RATHER THAN THE INTERPRETATION WHICH LEADS TO ITS BEING INCOMPATIBLE WITH THE TREATY .
Criminal proceedings against H.G. Rienks.
Date: 1983-12-15
10 AS THE COURT MADE CLEAR IN THE AFORMENTIONED JUDGMENT , ENROLMENT ON A PROFESSIONAL REGISTER CANNOT BE REFUSED ON GROUNDS WHICH FAIL TO TAKE INTO ACCOUNT THE VALIDITY OF A PROFESSIONAL QUALIFICATION OBTAINED IN ANOTHER MEMBER STATE IN SO FAR AS SUCH A QUALIFICATION IS ONE WHICH ALL THE MEMBER STATES AND THEIR PROFESSIONAL ORGANIZATIONS , ACTING AS BODIES ENTRUSTED WITH A PUBLIC DUTY , ARE REQUIRED TO RECOGNIZE UNDER COMMUNITY LAW . THUS LEGISLATION WHICH PROVIDES FOR THE BRINGING OF CRIMINAL OR ADMINISTRATIVE PROCEEDINGS AGAINST A VETERINARY SURGEON PRACTISING HIS PROFESSION WITHOUT     HAVING BEEN ENROLLED ON THE PROFESSIONAL REGISTER , TO THE EXTENT TO WHICH SUCH ENROLMENT HAS BEEN REFUSED IN BREACH OF COMMUNITY LAW , IS INCOMPATIBLE WITH COMMUNITY LAW IN SO FAR AS ITS RESULT IS TO DEPRIVE OF ANY EFFECTIVENESS THE PROVISIONS OF THE TREATY AND OF DIRECTIVE 78/1026 , THE SECOND RECITAL IN THE PREAMBLE TO WHICH STATES THAT IT IS TO FACILITATE THE ' EFFECTIVE '  EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF VETERINARY SURGEONS .
11 THE REPLY TO THE FIRST QUESTION REFERRED TO THE COURT BY THE PRETORE DI LODI MUST THEREFORE BE THAT A MEMBER STATE MAY NOT ENFORCE A PENAL MEASURE IN RESPECT OF THE IMPROPER PRACTICE OF THE PROFESSION OF VETERINARY SURGEON AGAINST A NATIONAL OF ANOTHER MEMBER STATE , WHO IS ENTITLED TO PRACTISE AS A VETERINARY SURGEON IN HIS OWN COUNTRY , ON THE GROUND THAT HE IS NOT ENROLLED ON THE REGISTER OF VETERINARY SURGEONS OF THE FIRST MEMBER STATE , WHERE SUCH ENROLMENT IS REFUSED IN BREACH OF COMMUNITY LAW .