larimo/cjeu-paragraph-retrieval huggingface dataset:
Criminal proceedings against Oosthoek's Uitgeversmaatschappij BV.
Date: 1982-12-15
9 IN THAT REGARD , IT MUST BE STATED THAT THE APPLICATION OF THE NETHERLANDS LEGISLATION TO THE SALE IN THE NETHERLANDS OF ENCYCLOPAEDIAS PRODUCED IN THAT COUNTRY IS IN NO WAY LINKED TO THE IMPORTATION OR EXPORTATION OF GOODS AND DOES NOT THEREFORE FALL WITHIN THE SCOPE OF ARTICLES 30 AND 34 OF THE EEC TREATY . HOWEVER , THE SALE IN THE NETHERLANDS OF ENCYCLOPAEDIAS PRODUCED IN BELGIUM AND THE SALE IN OTHER MEMBER STATES OF ENCYCLOPAEDIAS PRODUCED IN THE NETHERLANDS ARE TRANSACTIONS FORMING PART OF INTRA-COMMUNITY TRADE . IN THE VIEW OF THE QUESTION RAISED BY THE NATIONAL COURT , IT IS THEREFORE NECESSARY TO DETERMINE WHETHER PROVISIONS OF THE TYPE CONTAINED IN THE NETHERLANDS LEGISLATION ARE COMPATIBLE WITH BOTH ARTICLE 30 AND ARTICLE 34 OF THE EEC TREATY .
15 LEGISLATION WHICH RESTRICTS OR PROHIBITS CERTAIN FORMS OF ADVERTISING AND CERTAIN MEANS OF SALES PROMOTION MAY , ALTHOUGH IT DOES NOT DIRECTLY AFFECT IMPORTS , BE SUCH AS TO RESTRICT THEIR VOLUME BECAUSE IT AFFECTS MARKETING OPPORTUNITIES FOR THE IMPORTED PRODUCTS . THE POSSIBILITY CANNOT BE RULED OUT THAT TO COMPEL A PRODUCER EITHER TO ADOPT ADVERTISING OR SALES PROMOTION SCHEMES WHICH DIFFER FROM ONE MEMBER STATE TO ANOTHER OR TO DISCONTINUE A     SCHEME WHICH HE CONSIDERS TO BE PARTICULARLY EFFECTIVE MAY CONSTITUTE AN OBSTACLE TO IMPORTS EVEN IF THE LEGISLATION IN QUESTION APPLIES TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS WITHOUT DISTINCTION .
16 IT IS THEREFORE NECESSARY TO CONSIDER WHETHER A PROHIBITION OF A FREE GIFT SCHEME , SUCH AS THAT CONTAINED IN THE NETHERLANDS LEGISLATION , MAY BE JUSTIFIED BY REQUIREMENTS RELATING TO CONSUMER PROTECTION AND FAIR TRADING .
Hauptzollamt Krefeld v Maizena GmbH.
Date: 1982-12-15
22 FINALLY , IT IS NOT POSSIBLE TO ACCEPT MAIZENA ' S ARGUMENT THAT THERE WAS A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION INASMUCH AS THE FEDERAL REPUBLIC OF GERMANY SUDDENLY DEPARTED FROM THE PRACTICE WHICH IT HAD FOLLOWED FOR SEVERAL YEARS AND WHICH HAD NOT BEEN CHALLENGED BY THE COMMISSION . A PRACTICE OF A MEMBER STATE WHICH DOES NOT CONFORM TO COMMUNITY RULES MAY NEVER GIVE RISE TO LEGAL SITUATIONS PROTECTED BY COMMUNITY LAW AND THIS IS SO EVEN WHERE THE COMMISSION HAS FAILED TO TAKE THE NECESSARY ACTION TO ENSURE THAT THE STATE IN QUESTION CORRECTLY APPLIES THE COMMUNITY RULES .
K v Council of the European Communities.
Date: 1983-01-12
17 THAT QUESTION MUST BE ANSWERED IN THE NEGATIVE . WHILST THE REPORT DATED 21 DECEMBER 1981 DOES NOT USE THE TERM ' ' OCCUPATIONAL DISEASE ' ' , IT DOES RECOGNIZE THE EXISTENCE OF A CAUSAL RELATIONSHIP BETWEEN THE WORK OR WORKING CONDITIONS AND THE DETERIORATION IN THE APPLICANT ' S STATE OF HEALTH , AS DOES , MOREOVER , THE FIRST VERSION OF THE REPORT OF 25 JANUARY 1982 . ALTHOUGH , ON THE OTHER HAND , THE DEFINITIVE VERSION OF THE LATTER REPORT INDICATES THAT TWO DOCTORS , THAT IS TO SAY A MAJORITY , CONCLUDED THAT THE APPLICANT ' S INVALIDITY DID NOT RESULT FROM AN OCCUPATIONAL DISEASE , IT REMAINS TO BE SAID THAT THAT VERSION CONTAINS NO REASONS ENABLING THE READER TO ASSESS THE CONSIDERATIONS ON WHICH THAT CONCLUSION WAS BASED NOR ANY EXPLANATION AS TO THE INCONSISTENCY BETWEEN THAT CONCLUSION AND THE CONCLUSION SET OUT IN THE SECOND REPORT AND IN THE FIRST VERSION OF THE THIRD REPORT .
Luigi Coppola v Insurance Officer.
Date: 1983-01-12
11 BY VIRTUE OF THAT PROVISION , AND IN THE ABSENCE OF CONTRARY PROVISIONS REFERRING TO THE PARTICULAR TYPE OF BENEFIT IN QUESTION , ONLY THE LEGISLATION OF THE STATE IN WHOSE TERRITORY THE WORKER IS EMPLOYED IS THEREFORE APPLICABLE . ALTHOUGH THAT PROVISION DOES NOT EXPRESSLY MENTION THE CASE OF A WORKER WHO IS NOT EMPLOYED WHEN HE SEEKS SICKNESS BENEFIT , IT IS APPROPRIATE TO INTERPRET IT AS MEANING THAT , WHERE NECESSARY , IT REFERS TO THE LEGISLATION OF THE STATE IN WHOSE TERRITORY THE WORKER WAS LAST EMPLOYED .
Harald List v Commission of the European Communities.
Date: 1983-01-27
27 IT SHOULD , HOWEVER , BE EMPHASIZED THAT THAT DOES NOT MEAN THAT WHEN THE APPOINTMENT DECISION IS MADE ALL APPLICANTS MUST BE AT EXACTLY THE SAME STAGE REGARDING THE STATE OF THEIR PERIODIC REPORTS OR THAT THE APPOINTING AUTHORITY MUST POSTPONE ITS DECISION IF THE MOST RECENT REPORT ON ONE OR OTHER OF THE APPLICANTS IS NOT YET FINAL BECAUSE IT HAS BEEN REFERRED TO THE APPEAL ASSESSOR OR TO THE JOINT COMMITTEE . FURTHERMORE , IT SHOULD BE NOTED THAT THE COURT , IN A CASE IN WHICH A LARGE NUMBER OF APPOINTMENTS WERE CHALLENGED ( INTERIM JUDGMENT OF 18 DECEMBER 1980 IN JOINED CASES 156/79 AND 51/80 GRATREAU V COMMISSION ( 1980 ) ECR 3943 ), EMPHASIZED THAT THE FACT THAT THE PERSONAL FILE OF ONE APPLICANT WAS IRREGULAR AND INCOMPLETE WAS NOT A SUFFICIENT GROUND FOR THE ANNULMENT OF THE APPOINTMENTS UNLESS IT WAS ESTABLISHED THAT THIS WAS CAPABLE OF HAVING A DECISIVE EFFECT ON THE APPOINTMENT PROCEDURE .
Stephanie Robards v Insurance Officer.
Date: 1983-02-03
15 THE PROVISION IN QUESTION , LIKE ARTICLE 76 OF REGULATION NO 1408/71 WHICH IS ALSO CONCERNED WITH AN INSTANCE OF THE OVERLAPPING OF FAMILY BENEFITS , SEEKS TO GIVE PRIORITY TO THE BENEFITS OF THE MEMBER STATE IN THE TERRITORY OF WHICH THE CHILDREN RESIDE AND IN WHICH ONE OF THE RECIPIENTS IN QUESTION PURSUES A PROFESSIONAL OR TRADE ACTIVITY . THE PROBLEM OF OVERLAPPING BENEFITS WHICH THE PROVISION IN QUESTION IS INTENDED TO RESOLVE IS NOT TO BE ANSWERED DIFFERENTLY ACCORDING TO WHETHER OR NOT THE MARRIAGE BOND STILL EXISTS BETWEEN THE TWO PARENTS WHO MIGHT , DEPENDING ON THE CASE , BE ENTITLED TO BENEFITS IN RESPECT OF THE SAME CHILD . IN VIEW OF THE PURPOSE OF THAT PROVISION , IT SHOULD NOT BE INTERPRETED IN A RESTRICTIVE MANNER .
17 IN THE COUNCIL ' S VIEW THE INTENTION OF THE LEGISLATURE WAS TO COVER NOT MERELY THE DIVORCED SPOUSE BUT ANY PERSON , OTHER THAN A SPOUSE , HAVING THE LEGAL CUSTODY OF A CHILD , THE EXEPTIONAL CASES IN WHICH THAT PERSON IS NOT A SPOUSE BEING , BY AN OVERSIGHT , NOT EXPRESSLY MENTIONED BY THE PROVISION IN QUESTION .
19 HOWEVER , THE TASK ASSIGNED TO THE COURT BY ARTICLE 177 OF THE EEC TREATY IS NOT THAT OF DELIVERING OPINIONS ON GENERAL OR HYPOTHETICAL QUESTIONS BUT OF ASSISTING IN THE ADMINISTRATION OF JUSTICE IN THE MEMBER STATES . IN THIS CASE , THEREFORE , THE INTERPRETATION OF THE PROVISION IN QUESTION SHOULD BE CONFINED TO THE CASE WHICH IS BEFORE THE NATIONAL COURT , NAMELY THAT OF A DIVORCED SPOUSE WHO HAS NOT REMARRIED AND IS CARRYING ON A PROFESSIONAL OR TRADE ACTIVITY . IT WOULD BE FOR THE COMMISSION AND THE COUNCIL TO TAKE THE NECESSARY MEASURES IN ORDER TO AMEND THE PROVISION IN QUESTION IF IT APPEARED THAT SUCH AN AMENDMENT WERE NECESSARY IN ORDER TO ENABLE OTHER CASES TO BE SATISFACTORILY RESOLVED .
Kommanditgesellschaft in der Firma Hans-Otto Wagner GmbH Agrarhandel v Bundesanstalt für landwirtschaftliche Marktordnung.
Date: 1983-02-23
18 ARTICLE 40 ( 3 ) OF THE TREATY IS CONCERNED WITH THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , INCLUDING THE REGULATION OF STORAGE , AND PROVIDES IN THE SECOND PARAGRAPH THAT THE COMMON ORGANIZATION MUST EXCLUDE ANY DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS WITHIN THE COMMUNITY . ACCORDING TO CASE-LAW OF THE COURT DISCRIMINATION IS DEFINED AS TREATING DIFFERENTLY SITUATIONS WHICH ARE IDENTICAL , OR TREATING IN THE SAME WAY SITUATIONS WHICH ARE DIFFERENT .
Fromançais SA v Fonds d'orientation et de régularisation des marchés agricoles (FORMA).
Date: 1983-02-23
8 IN ORDER TO ESTABLISH WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN THE SECOND PLACE , WHETHER THEY ARE NECESSARY FOR ITS ACHIEVEMENT .
DEKA Getreideprodukte GmbH & Co. KG, i.L. (formerly Firma Contifex Getreideprodukte GmbH & Co. KG) v European Economic Community.
Date: 1983-03-01
9 THE CLAIM FOR REIMBURSEMENT OF SUMS WRONGLY PAID WHICH THE COMMISSION HAS RAISED AGAINST THE APPLICANT COMPANY ARISES FROM THE GRANT OF EXPORT REFUNDS AND MONETARY COMPENSATORY AMOUNTS , IN RESPECT OF MAIZE GRITZ EXPORTED DURING 1976 AND 1977 , THE TOTAL OF WHICH FAR EXCEEDS THE APPLICANT ' S CLAIM FOR COMPENSATION . THESE SUMS WERE GRANTED BY THE GERMAN AUTHORITIES     IN PURSUANCE OF COMMUNITY RULES . HAVING REALIZED THAT THE GRANT OF THE AMOUNTS HAD BEEN OBTAINED AS THE RESULT OF FRAUDULENT ACTIVITIES OF THE MANAGER OF THE UNDERTAKING , MR D . K ., FOR WHICH HE HAD BEEN SENTENCED TO AN IMMEDIATE TERM OF IMPRISONMENT , THE GERMAN AUTHORITIES , IN A SERIES OF DECISIONS , CLAIMED FROM THE APPLICANT REIMBURSEMENT OF THE WRONGLY PAID SUMS . BY A DOCUMENT DATED 10 AUGUST 1981 THEY ASSIGNED THE CLAIM WHICH WAS THE SUBJECT OF ONE OF THE AFOREMENTIONED RECOVERY DECISIONS , DATED 18 MARCH 1980 AND RELATING TO AN AMOUNT OF DM 736 106.81 , IN ORDER TO ENABLE THE COMMISSION TO RAISE A SET-OFF AGAINST THE APPLICANT ' S CLAIM FOR COMPENSATION .
11 AS REGARDS THE SUBSTANCE OF THE CASE , THE MAIN CONTENTION OF THE COMMISSION IS THAT THE ASSIGNMENT TO CURAVEST IS INVALID OR AT LEAST THAT IT CANNOT BE RAISED AGAINST THE COMMISSION BECAUSE IT CONSTITUTES A CLEAR ABUSE ON THE PART OF THE APPLICANT . IN THIS RESPECT THE COMMISSION REFERS TO THE JUDGMENT OF 4 OCTOBER 1979 ( CASE 238/78 IREKS-ARKADY ( 1979 ) ECR 2955 ) IN WHICH THE COURT RECOGNIZED THE ASSIGNMENT OF A CLAIM FOR COMPENSATION FOR DAMAGE WHILST EMPHASIZING THAT IN CIRCUMSTANCES SUCH AS THOSE OF THE CASE BEFORE IT THERE WAS NO CAUSE TO BELIEVE THAT THE ASSIGNMENT MIGHT HAVE LED TO AN ABUSE .
14 IN THE CASE OF AN INSOLVENT TRADER , SUCH A SET-OFF MAY IN FACT CONSTITUTE THE ONLY PRACTICABLE WAY OPEN TO THE AUTHORITIES TO RECOVER THE WRONGLY PAID SUMS . IN THAT CASE THE ASSIGNMENT OF THE TRADER ' S CLAIMS AGAINST THE AUTHORITIES TO A THIRD PARTY CAN , DEPENDING ON THE CIRCUMSTANCES , AMOUNT TO AN ABUSIVE TRANSACTION .
Commission of the European Communities v Kingdom of Belgium.
Date: 1983-03-01
8 IN THAT RESPECT IT MUST BE OBSERVED THAT THE ADMISSIBILITY OF AN ACTION BASED ON ARTICLE 169 OF THE TREATY DEPENDS ONLY ON AN OBJECTIVE FINDING OF A FAILURE TO FULFIL OBLIGATIONS AND NOT ON PROOF OF ANY INERTIA OR OPPOSITION ON THE PART OF THE MEMBER STATE CONCERNED . AS THE COURT HAS ALREADY STATED , THE OPINION REFERRED TO IN ARTICLE 169 MUST BE CONSIDERED TO CONTAIN A SUFFICIENT STATEMENT OF REASONS TO SATISFY THE LAW WHEN IT CONTAINS A COHERENT EXPOSITION OF THE REASONS WHICH LED THE COMMISSION TO THE CONVICTION THAT THE STATE CONCERNED HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY . TO THAT EXTENT THE COMMISSION WAS NOT REQUIRED TO REFER TO ANY DIFFICULTIES ENTAILED BY THE APPLICATION OF THE DIRECTIVE IN THE MEMBER STATE CONCERNED .
11 IN THAT RESPECT ATTENTION SHOULD BE DRAWN TO THE FACT THAT THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE WITHIN THE PERIOD PRESCRIBED THE LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION . IF , NEVERTHELESS , THE PERIOD ALLOWED FOR THE IMPLEMENTATION OF A DIRECTIVE PROVES TO BE TOO SHORT , THE ONLY MEANS OF ACTION COMPATIBLE WITH COMMUNITY LAW AVAILABLE TO THE MEMBER STATE CONCERNED CONSISTS IN TAKING THE APPROPRIATE INITIATIVES WITHIN THE COMMUNITY IN ORDER TO OBTAIN THE NECESSARY EXTENSION OF THE PERIOD BY THE COMPETENT COMMUNITY INSTITUTION .
Commission of the European Communities v Kingdom of Belgium.
Date: 1983-03-02
12 THE PRINCIPLE BEHIND THE ARGUMENTS PUT FORWARD BY THE BELGIAN GOVERNMENT CAN NOT BE DISPUTED , INASMUCH AS EACH MEMBER STATE IS ENTITLED TO TAKE WITHIN ITS TERRITORY , IN PARTICULAR IN A SPHERE IN WHICH THE OBJECTIVE OF THE HARMONIZATION OF HEALTH CONTROL MEASURES HAS NOT YET BEEN ACHIEVED , APPROPRIATE MEASURES IN ORDER TO ENSURE THE PROTECTION OF PUBLIC HEALTH . HOWEVER , SUCH MEASURES ARE JUSTIFIED ONLY IF IT IS ESTABLISHED THAT THEY ARE NECESSARY IN ORDER TO ATTAIN THE OBJECTIVE OF PROTECTION REFERRED TO IN ARTICLE 36 AND THAT SUCH PROTECTION CANNOT BE ACHIEVED BY MEANS WHICH PLACE LESS OF A RESTRICTION ON THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY .
Syndicat national des fabricants raffineurs d'huile de graissage and others v Groupement d'intérêt économique "Inter-Huiles" and others.
Date: 1983-03-10
11 ALTHOUGH ARTICLE 5 OF DIRECTIVE 75/439/EEC MAY THEREFORE BE INTERPRETED AS AUTHORIZING MEMBER STATES , IF THEY SO WISH , TO GRANT AN EXCLUSIVE RIGHT TO ONE OR MORE UNDERTAKINGS TO COLLECT OR DISPOSE OF OILS IN THE ZONE WHICH IS ALLOTTED TO THEM , SUCH A RIGHT DOES NOT AUTOMATICALLY AUTHORIZE THE     GOVERNMENTS OF THE MEMBER STATES TO ESTABLISH BARRIERS TO EXPORTS . INDEED , SUCH A PARTITIONING OF THE MARKETS IS NEITHER CONTEMPLATED IN THE COUNCIL DIRECTIVE NOR COMPATIBLE WITH THE OBJECTIVES SET OUT THEREIN .
12 THAT CONCLUSION IS REINFORCED BY ARTICLE 34 OF THE EEC TREATY , WHICH PROHIBITS ALL MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON EXPORTS . AS THE COURT HAS REPEATEDLY HELD , THE PROHIBITION CONCERNS ALL NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE , IN SUCH A WAY AS TO PROVIDE A SPECIAL ADVANTAGE FOR NATIONAL PRODUCTS OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION . CONSEQUENTLY , PROVISIONS WHICH CONTRAVENE THOSE RULES ARE ALSO CONTRARY TO ARTICLE 34 OF THE TREATY .
Margherita Baccini v Office national de l'emploi (ONEM).
Date: 1983-03-10
17 ON THE OTHER HAND , IN ACCORDANCE WITH ARTICLES 48 AND 51 OF THE TREATY , REGULATIONS NOS 1408/71 AND 574/72 OF THE COUNCIL ARE IN PARTICULAR INTENDED TO PREVENT THE MIGRANT WORKER , AS A RESULT OF HIS MIGRATION FROM ONE MEMBER STATE TO ANOTHER , FROM LOSING THE BENEFIT OF HIS PERIODS OF EMPLOYMENT AND THUS BEING PLACED IN A WORSE POSITION THAN THAT IN WHICH HE WOULD HAVE BEEN IF HE HAD COMPLETED HIS ENTIRE CAREER IN ONLY ONE MEMBER STATE . FOR THAT PURPOSE THEY INTRODUCED A SYSTEM OF AGGREGATION OF ALL THE PERIODS OF EMPLOYMENT WHICH MAY THUS BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF ACQUIRING AND RETAINING THE RIGHT TO BENEFITS OF THE SAME KIND IN DIFFERENT MEMBER STATES AND FOR THE PURPOSE OF CALCULATING THE AMOUNT OF SUCH BENEFITS . BUT THE PURPOSE OF THOSE TEXTS IS NOT TO DETERMINE THE CONDITIONS FOR THE WITHDRAWAL OF SUCH BENEFITS , AND THEY CANNOT HAVE THAT EFFECT .
Commission of the European Communities v Italian Republic.
Date: 1983-03-15
17 AS THE PRODUCTS CONCERNED ARE EITHER SIMILAR TO OR IN COMPETITION WITH ONE ANOTHER - WHICH BRINGS THEM WITHIN THE SCOPE OF THE SECOND PARAGRAPH OF ARTICLE 95 - A CRITERION FOR THE CHARGING OF HIGHER TAXATION , SUCH AS DESIGNATION OF ORIGIN OR PROVENANCE WHICH BY DEFINITION CANNOT EVER BE FULFILLED BY DOMESTIC PRODUCTS SIMILAR TO OR IN COMPETITION WITH PRODUCTS IMPORTED FROM OTHER MEMBER STATES AS DESCRIBED ABOVE , CANNOT BE CONSIDERED TO BE COMPATIBLE WITH THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THAT PROVISION . SUCH A SYSTEM HAS THE EFFECT OF EXCLUDING DOMESTIC PRODUCTS IN ADVANCE FROM THE HEAVIEST TAXATION SINCE THEY WILL NEVER FULFIL THE CONDITIONS ON WHICH THE HIGHER RATE IS CHARGED AND IT IS ENTIRELY AT THE DISCRETION OF THE NATIONAL LEGISLATURE , IN CHOOSING NOT TO INTRODUCE A GENERAL SYSTEM APPLICABLE TO ALL SPIRITS , TO PERPETUATE THAT SITUATION INDEFINITELY REGARDLESS OF SIMILARITIES OR DIFFERENCES IN CONDITIONS OF PRODUCTION , QUALITY , PRICE OR COMPETITION BETWEEN NATIONAL PRODUCTS AND THOSE IMPORTED FROM OTHER MEMBER STATES .
Commission of the European Communities v Italian Republic.
Date: 1983-03-15
10 IT SHOULD BE ADDED IN THIS RESPECT THAT , AS THE COURT HAS ALREADY STRESSED ON OTHER OCCASIONS , IN PARTICULAR IN ITS JUDGMENT OF 6 MAY 1980 IN CASE 102/79 COMMISSION V BELGIUM ( 1980 ) ECR 1473 , MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE ALTERED AT THE WHIM OF THE AUTHORITIES AND LACK THE APPROPRIATE PUBLICITY CANNOT BE REGARDED AS A VALID FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 189 OF THE TREATY ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .
Amministrazione delle Finanze dello Stato v Società Petrolifera Italiana SpA (SPI) and SpA Michelin Italiana (SAMI).
Date: 1983-03-16
23 IN ITS JUDGMENTS OF 12 DECEMBER 1972 AND 24 OCTOBER 1973 , INTERNATIONAL FRUIT COMPANY AND SCHLUTER , CITED ABOVE , THE COURT ANSWERED IN THE NEGATIVE QUESTIONS CONCERNING THE DIRECT APPLICABILITY OF TWO PROVISIONS OF GATT , NAMELY ARTICLE XI ON THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND ARTICLE II ON THE EFFECT OF SCHEDULES OF CONCESSIONS . THE COURT REACHED THAT CONCLUSION ON THE BASIS OF CONSIDERATIONS CONCERNING THE GENERAL SCHEME OF GATT , NAMELY THAT IT WAS BASED ON THE PRINCIPLE OF NEGOTIATIONS UNDERTAKEN ON A RECIPROCAL AND MUTUALLY ADVANTAGEOUS BASIS AND WAS CHARACTERIZED BY THE GREAT FLEXIBILITY OF ITS PROVISIONS , IN PARTICULAR THOSE CONCERNING THE POSSIBILITIES OF DEROGATION , THE MEASURES WHICH MIGHT BE TAKEN IN CASES OF EXCEPTIONAL DIFFICULTY AND THE SETTLEMENT OF DIFFERENCES BETWEEN THE CONTRACTING PARTIES . THE SAME CONSIDERATIONS APPLY TO THE ARTICLES CITED BY THE CORTE SUPREMA DI CASSAZIONE .
Control Data Belgium NV SA v Commission of the European Communities.
Date: 1983-03-17
15 THUS IT IS NOT SUFFICIENT THAT THE MEMBER STATES AS ADDRESSEES OF THE DECISION , ARE AWARE OF THE REASONS AS A RESULT OF THEIR PARTICIPATION IN THE PRELIMINARY PROCEDURE AND THAT THE APPLICANT THE PERSON DIRECTLY AND INDIVIDUALLY CONCERNED , IS ABLE TO DEDUCE THESE REASONS BY COMPARING THE DECISION IN QUESTION WITH SIMILAR EARLIER DECISIONS . IT IS FURTHER NECESSARY THAT THE APPLICANT SHOULD BE ENABLED IN PRACTICE TO DEFEND ITS RIGHTS AND THE COURT SHOULD BE ABLE EFFECTIVELY TO EXERCISE ITS POWER OF REVIEW ON THE BASIS OF THE STATEMENT OF REASONS . THE QUESTION WHETHER THE STATEMENT OF REASONS IS SUFFICIENT IN THESE RESPECTS MAY BEST BE EXAMINED IN THIS CASE IN CONJUNCTION WITH THE SUBMISSION CONSIDERED UNDER HEADING ( B ).
17 THAT PART OF THE FIRST SUBMISSION CANNOT BE UPHELD . AS THE APPLICANT ITSELF ADMITS , THE COMMISSION FOLLOWED THE PROCEDURE LAID DOWN BY THE RELEVANT COMMUNITY RULES . IT IS ALSO NOT IN DISPUTE THAT THAT PROCEDURE ENABLED THE APPLICANT TO STATE IN FULL ITS ARGUMENT CONCERNING THE SCIENTIFIC NATURE OF THE COMPUTERS IN QUESTION IN THE FILE LODGED WITH THE BELGIAN AUTHORITIES AND THAT THE FILE WAS MADE AVAILABLE BOTH TO THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND TO THE COMMISSION .

( B ) INFRINGEMENT OF THE COMMUNITY RULES DEFINING THE SCIENTIFIC NATURE OF AN INSTRUMENT OR APPARATUS
Hans Dinter GmbH v Hauptzollamt Köln-Deutz.
Date: 1983-03-17
9 THAT ARGUMENT CANNOT BE ACCEPTED . TO HAVE RECOURSE TO A CRITERION AS SUBJECTIVE AS TASTE WOULD HAVE THE EFFECT OF JEOPARDIZING THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF THROUGHOUT THE COMMUNITY . THE FACT THAT SEASONING IS INTENDED TO AFFECT THE TASTE OF MEAT DOES NOT PRECLUDE THE USE , IF NEED BE , OF THE USUAL METHODS OF CUSTOMS CLASSIFICATION SUCH AS LABORATORY ANALYSIS .
10 IN ACCORDANCE WITH THE COURT ' S WELL-ESTABLISHED CASE-LAW , IT SHOULD BE RECALLED THAT THE DECISIVE CRITERION FOR THE CUSTOMS CLASSIFICATION OF GOODS UNDER THE COMMON CUSTOMS TARIFF MUST GENERALLY SPEAKING BE SOUGHT IN THE OBJECTIVE CHARACTERISTICS AND PROPERTIES OF THE PRODUCTS AT THE TIME OF THEIR PRESENTATION FOR CUSTOMS CLEARANCE .
Martin Peters Bauunternehmung GmbH v Zuid Nederlandse Aannemers Vereniging.
Date: 1983-03-22
9 THUS THE CONCEPT OF MATTERS RELATING TO A CONTRACT SERVES AS A CRITERION TO DEFINE THE SCOPE OF ONE OF THE RULES OF SPECIAL JURISDICTION AVAILABLE TO THE PLAINTIFF . HAVING REGARD TO THE OBJECTIVES AND THE GENERAL SCHEME OF THE CONVENTION , THAT IT IS IMPORTANT THAT , IN ORDER TO ENSURE AS FAR AS POSSIBLE THE EQUALITY AND UNIFORMITY OF THE RIGHTS AND OBLIGATIONS ARISING OUT OF THE CONVENTION FOR THE CONTRACTING STATES AND THE PERSONS CONCERNED , THAT CONCEPT SHOULD NOT BE INTERPRETED SIMPLY AS REFERRING TO THE NATIONAL LAW OF ONE OR OTHER OF THE STATES CONCERNED .
10 THEREFORE , AND AS THE COURT RULED ON SIMILAR GROUNDS IN RELATION TO THE WORDS ' ' THE OPERATION OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT ' '  REFERRED TO IN ARTICLE 5 ( 5 ) OF THE CONVENTION ( JUDGMENT OF 22 . 11 . 1978 IN CASE 33/78 SOMAFER V SAAR-FERNGAS AG ( 1978 ) ECR 2183 ), THE CONCEPT OF MATTERS RELATING TO A CONTRACT SHOULD BE REGARDED AS AN INDEPENDENT CONCEPT WHICH , FOR THE PURPOSE OF THE APPLICATION OF THE CONVENTION , MUST BE INTERPRETED BY REFERENCE CHIEFLY TO THE SYSTEM AND OBJECTIVES OF THE CONVENTION , IN ORDER TO ENSURE THAT IT IS FULLY EFFECTIVE .
13 IN THAT REGARD IT APPEARS THAT MEMBERSHIP OF AN ASSOCIATION CREATES BETWEEN THE MEMBERS CLOSE LINKS OF THE SAME KIND AS THOSE WHICH ARE CREATED BETWEEN THE PARTIES TO A CONTRACT AND THAT CONSEQUENTLY THE OBLIGATIONS TO WHICH THE NATIONAL COURT REFERS MAY BE REGARDED AS CONTRACTUAL FOR THE PURPOSE OF THE APPLICATION OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
15 UNDER THOSE CIRCUMSTANCES THE ANSWER TO THE FIRST QUESTION SHOULD BE THAT THE OBLIGATIONS IN REGARD TO THE PAYMENT OF A SUM OF MONEY WHICH HAVE THEIR BASIS IN THE RELATIONSHIP BETWEEN AN ASSOCIATION AND ITS MEMBERS BY VIRTUE OF MEMBERSHIP MUST BE REGARDED AS ' ' MATTERS RELATING TO A CONTRACT ' '  WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .

2 . SECOND QUESTION
17 IT SHOULD BE NOTED THAT MULTIPLICATION OF THE BASES OF JURISDICTION IN ONE AND THE SAME TYPE OF CASE IS NOT LIKELY TO ENCOURAGE LEGAL CERTAINTY AND EFFECTIVE LEGAL PROTECTION THROUGHOUT THE TERRITORY OF THE COMMUNITY . THE PROVISIONS OF THE CONVENTION SHOULD THEREFORE BE INTERPRETED IN SUCH A WAY THAT THE COURT SEISED IS NOT REQUIRED TO DECLARE THAT IT HAS JURISDICTION TO ADJUDICATE UPON CERTAIN APPLICATIONS BUT HAS NO JURISDICTION TO HEAR CERTAIN OTHER APPLICATIONS , EVEN THOUGH THEY ARE CLOSELY RELATED . MOREOVER , RESPECT FOR THE PURPOSES AND SPIRIT OF THE CONVENTION REQUIRES AN INTERPRETATION OF ARTICLE 5 WHICH ENABLES THE NATIONAL COURT TO RULE ON ITS OWN JURISDICTION WITHOUT BEING COMPELLED TO CONSIDER THE SUBSTANCE OF THE CASE .
18 ON THOSE GROUNDS , THE ANSWER SHOULD BE THAT THE FACT THAT THE OBLIGATION IN QUESTION ARISES SIMPLY FROM THE ACT OF BECOMING A MEMBER OR RESULTS FROM THAT ACT IN CONJUNCTION WITH A DECISION OF AN ORGAN OF THE ASSOCIATION HAS NO EFFECT ON THE APPLICATION OF THE PROVISIONS OF ARTICLE 5 ( 1 ) OF THE CONVENTION TO A DISPUTE CONCERNING THAT OBLIGATION .
Commission of the European Communities v French Republic.
Date: 1983-03-22
20 IT MUST BE OBSERVED THAT PART OF THE DELAYS COMPLAINED OF , THAT IS TO SAY THE GRADUAL AND DECELERATING RELEASE OF THE QUANTITIES HELD UP AT THE FRONTIER AS A RESULT OF THE ARRANGEMENT ARRIVED AT BY THE FRENCH AND ITALIAN GOVERNMENTS ON 13 OCTOBER 1981 , THE RESUMPTION OF THE CONTESTED PRACTICES AT THE BEGINNING OF FEBRUARY AND THE CONTINUATION OF THEM UNTIL MARCH 1982 , TOOK PLACE AFTER THE REASONED OPINIONS WERE GIVEN . NEVERTHELESS IT IS COMMON GROUND THAT THESE ARE PRACTICES WHICH HAD ALREADY BEEN CONDEMNED IN THE REASONED OPINIONS AND WHICH WERE CONTINUED SUBSEQUENTLY OR ARE PRACTICES WHICH OCCURRED AFTER THE OPINIONS HAD BEEN GIVEN BUT WERE OF THE SAME KIND AS THOSE TO WHICH THE OPINIONS REFERRED AND CONSTITUTED THE SAME CONDUCT .

3 . THE REFUSAL TO ACCEPT THE ACCOMPANYING DOCUMENTS
54 NEVERTHELESS THE MEASURES OF VERIFICATION CARRIED OUT MUST BE NECESSARY FOR ATTAINMENT OF THE DESIRED OBJECTIVES AND MUST NOT CREATE OBSTACLES TO TRADE WHICH ARE DISPROPORTIONATE TO THOSE OBJECTIVES .
56 THE FREQUENCY OF THE ANALYSES WAS DISTINCTLY HIGHER THAN THE OCCASIONAL CHECKS CARRIED OUT ON THE TRANSPORTATION OF FRENCH WINE WITHIN FRANCE . IT IS AN ESTABLISHED FACT THAT CHECKS ARE ALSO CARRIED OUT BY THE ITALIAN AUTHORITIES IN ORDER TO ENSURE THAT WINE PRODUCED IN ITALY COMPLIES WITH THE COMMUNITY RULES AND THAT CONSUMERS AND THE HEALTH AND LIFE OF HUMANS ARE PROTECTED . THE FRENCH AUTHORITIES WERE UNDER A DUTY TO TAKE INTO ACCOUNT THE EXISTENCE OF THOSE CHECKS CARRIED OUT IN THE COUNTRY OF ORIGIN OF THE WINE . ADULTERATION OR IRREGULARITIES DISCOVERED IN PARTICULAR CASES PRIOR TO THE PERIOD IN QUESTION CAN BY NO MEANS JUSTIFY A GENERAL SUSPICION IN RELATION TO ALL IMPORTS OF ITALIAN WINE OR THE CARRYING OUT OF SYSTEMATIC ANALYSES WHEN NO SIMILAR PRACTICE EXISTS IN RELATION TO FRENCH WINE .