# General Case Characteristics

Plaintiff:
De Sociale Voorzog Mutual Insurance Fund


Judgment Title:
Acciaieria Ferriera di Roma v High Authority of the European Coal and Steel Community


Judgment Title:
Commission of the European Economic Community v Government of the Italian Republic


Defendant:
Bestuur der Sociale Verzekeringsbank and other cases


Plaintiff:
Rhenania, Schiffahrts- und Speditions-Gesellschaft mbH and Others


Plaintiff:
Alfred Toepfer and Getreide-Import Gesellschaft


Plaintiff:
Officine Elettromeccaniche Ing. A. Merlini


Judgment Title:
Wilhelmus Severinus Antonie nannes Gorter v Councils of the EEC and of the EAEC.

Plaintiff:
Wilhelmus Severinus Antonie Nannes Gorter


Plaintiff:
Geitling Ruhrkohlen-Verkaufsgesellschaft mbH and Others


Judgment Title:
Kledingberkoopbedrijf de Geus en Uitdenbogerd v. 1. Robert Bosch GmbH 2. Maatschappij tot voortzetti

Plaintiff:
Kledingverkoopbedrijf de Geus en Uitdenbogerd


Judgment Title:
Meorni & Co. and Others v High Authority of the European Coal and Steel Community


Plaintiff:
Koninklijke Nederlandsche Hoogovens en Staalfabrieken N.V.


Plaintiff:
Mrs Emilia Gualco (nee Barge), widow of Mr Leone


Judgment Title:
Societe Metallurgique de Knutange v High Authority of the European Coal and Steel Community


Judgment Title:
Gabriel Simon v Court of Justice of the European Communities


Judgment Title:
Geitling Ruhrkolen-Verkaufsgesellschaft mbH, et al v High Authority of the European Coal and Steel C

Plaintiff:
Geitling Ruhrkohlen-Verkaufsgesellschaft mbH, et al


Plaintiff:
Acciaierie Ferriere e Fonderie di Modena


Plaintiff:
Confederation nationale des producteurs de fruits et legumes and Others and Federation nationale des


Judgment Title:
Schwarze v Einfur und Vorratsstelle Getreide

Defendant:
Einfur- und Vorratsstelle fur Getreide und Futtermittel


Judgment Title:
Steenkolenmijnen v High Authority of ECSC


Judgment Title:
Government of the Federal Republic of Germany v High Authority of the ECSC


Judgment Title:
Societe Fives Lille Cail and Other v High Authority of the European Coal and Steel Community


Judgment Title:
Federation nationale de la boucherie v. Council

Plaintiff:
Federation nationale de la boucherie en gros et du commerce en gros des viandes


Judgment Title:
Niederrheinische Bergwerks-Aktiengesellschaft et al v High Authority of the ECSC

Plaintiff:
Niederrheinische Bergwerks-Aktiengesellschaft and Unternehmensverband des Aachener Steinkohlenbergba


Plaintiff:
Societe Industriale Acciaierie San Michele, Ferriere Rossi, Meroni & Co., Acciaierie Laminatoi Magli


Judgment Title:
Government of the Italian Republic v High Authority of the ECSC


Defendant:
Societe des Petroles et des Combustibles liquides (Sopeco)


Judgment Title:
Raymon Elz v High Authority of the European Coal and Steel Community


Plaintiff:
Societe Anonyme Usines Emile Henricot, Societe Anonyme Metallrgique d Esperance-Longdoz and Compagni


Judgment Title:
Chambre Syndicale de la Siderurgie de l'Est de la France v High Authority of the ECSC

Plaintiff:
Chamber Syndicale de la Siderurgie de l'Est de la France


Judgment Title:
Government of the Kingdom of the Netherlands v High Authority of the European Coal and Steel Communi


Judgment Title:
Van Gend en Loos v. Nederlandse administratie der belastingen

Plaintiff:
N.V. Algeme Transport- en Expeditie Onderneming van Gend & Loos


Judgment Title:
Compagnie des Hauts Fourneaux de Givors and Others v High Authority of the ECSC


Judgment Title:
Alberto Campolongo v High Authority of the European Coal and Steel Community


Judgment Title:
Da Costa v. Nederlandse Belastingadministratie

Plaintiff:
Da Costa en Schaake N.V., Jacob Meijer N.V. and Hoechst-Holland N.V.


Plaintiff:
Societe des Laminors, Hauts Fourneaux, Forges, Foundries et Unies de la Providence and Others

AG (last name):
Lagrange until 10-7-64 Roemer from 10-8-64


Judgment Title:
Barbara Erzbergbau  and Others v High Authority of the European Coal and Steel Community


Judgment Title:
Government of the Federal Republic of Germany v High Authority of the European Coal and Steel Commun


Plaintiff:
Chambre Syndicale de la Siderurgie Francaise and Others and  Chambre Syndicale des Productres dAcier


Plaintiff:
Societe Anonyme Metallurgique d Esperance-Longdoz


Judgment Title:
De Gezamenlijke Steenkolenmijnen in Limburg v High Authority of the European Coal and Steel Communit

Plaintiff:
De Gezamenlijke Steenkolenmijnen in Limburg


Plaintiff:
Milchwerke Heinz Wohrmann & Sohn KG and Alfons Lutticke GmbH


Judgment Title:
De Sociale Voorzorg Mutual Insurance Fund v. W.H. Bertholet

Plaintiff:
De Sociale Voorzorg Mutual Insurance Fund


Judgment Title:
Dekker v Bundesversicherungsanstalt fur Angestellte


Judgment Title:
Raymond Elz v High Authority of the European Coal and Steel Community


Judgment Title:
Prasident Ruhrkohlen-Verkaufsgesellschaft mbH, et al v High Authority of the European Coal and Steel

Plaintiff:
Prasident Ruhrkohlen-Verkaufsgesellschaft mbH, et al


Plaintiff:
Societe Rhenane dExploitation et de Manutention


Judgment Title:
Mannesmann Ag and Others v High Authority of the European Coal and Steel Community


Judgment Title:
S.A. Metallurgique Hainaut-Sambre v High Authority


Judgment Title:
Hamborner Bergbau AG and Friedrich Thyssen Bergbau AG v High Authority of the European Coal and Stee

Plaintiff:
Hamborner Bergbau AG and Friedrich Thyssen AG


Judgment Title:
Societe Nouvelle des Usines de Pontlieue Acieries du Temple v High Authority of the European Coal an

Plaintiff:
Societe Nouvelle des usines de Pontlieue Acieries du Temple


Judgment Title:
Breedband N.V. v. Acieries du Temple and Others

Defendant:
Societe des Acieries du Temple and High Authority of the European Coal and Steel Community and Socie


Judgment Title:
Eva Von Lachmuller, Bernard Peuvrier and Roger Ehrhardt v Commission of the EEC

Plaintiff:
Eva Von Lachmuller, Bernard Peuvrier and Roger Ehrhardt


Judgment Title:
Rudolg Pieter Marie Fiddelaar v Commission of the EEC


Plaintiff:
Meroni & Co., Erba,k and Meroni & Co., Milan


Judgment Title:
Meroni & Co., FERAM and SIMET v High Authority of the European Coal and Steel Community


Plaintiff:
Societa Industriale Acciaierie San Michele and Others


Plaintiff:
Ralph Loebisch, Tommaso Valerio, Guillaume Battin, Wouter van Royen and Heinz Noack


Plaintiff:
Lemmerz-Werke GmbH, Gussstahlwerk Carl Bonnhoff and Others


Plaintiff:
Acciaierie Fonderie Ferriere di Moden, Acciairie e Ferriere L. Bosio, Ferriere e Acciaierie Napoleta


Plaintiff:
Societe Rhenane d Explotation et de Manutention SOREMA


Plaintiff:
Mrs Anne-Marie Marcillat (nee Capitaine)


Judgment Title:
High Authority v Collotti and Court of Justice


Judgment Title:
Handelsvereniging Rotterdam v Minister Van Landbouw

Plaintiff:
NV Internationale Crediet- en Handelsverenignig Rotterdam and De Cooperatieve Suikerfabriek en R

Defendant:
Minister van Landbouw en Visserij (Netherlands Minister of Agriculture and Fisheries)


Defendant:
Administration of the Industrial Board for Retail Trades and Buisnesses


Judgment Title:
Societe Commerciale Antoine Vloeberghs, SA v High Authority of the European Coal and Steel Community

Plaintiff:
Societe Commerciale Antoine Vloeberghs, SA


Judgment Title:
Belgium v. Vloeberghs and High Authority

Defendant:
Societe Commerciale Antoine Vloeberghs and the High Authoriuty of the European Coal and Steel Commun


Plaintiff:
Acciaieria Ferriera di Roma (Feram) and Another and Merisider - Industria Meridionale Siderurgica et


Plaintiff:
Mrs M. Th. Nonnenmacher, widow of H.E. Moebs


# Issue area

issue area (key word):
External Relations of Member States of the EEC


issue area (key word):
Measures adopted by Institutions of the Community


issue area (key word):
Measures adopted by a Community institution


issue area (key word):
Objection of illegallity within the meaning of paragraph three of Article 36 of the ECSC Treaty


issue area (key word):
Measures adopted by Community institutions


issue area (key word):
Measures adopted by the institutions of the Community


issue area (key word):
Measures adopted by institutions of the Community


issue area (key word):
Measures taken by a Community institution


issue area (key word):
Proceedings in which Court has unlimited jurisdiction


issue area (key word):
external relations of Member States of the EEC


issue area (key word):
administrative measure conferring subjective rights or similar advantages


issue area (key word):
pecuniary sanctions and periodic penalty payments


issue area (key word):
measures adopted by Institutions of the Community


issue area (key word):
application on the grounds of failure to act


issue area (key word):
proceedings within the meaning of Art 66(5)


issue area (key word):
measures adopted by institutions of the Community


issue area (key word):
Decision conferring personal rights or similar benefits


# Issues and positions

legal issue:
Does the decision of the Commision allow The Netherlands to impose a duty on products origination from other member states into Germany?

AG position on issue:
The decision of the Commission icludes an authorization for the Netherlands to impose a duty.

ECJ ruling:
The decision of the Commission confers upon the Netherlands the power to introduce a duty of the same amount on export of those products to Germany.


legal issue:
Application for annulment of notice of a vaccancy of a postion that listed the requiremement of perfect Italian and the belief that this means that it is reserved for an Italian official.

AG position on issue:
The notice of vacancy should be annuled in so far as it does not require perfect Italian.

ECJ ruling:
Annuls the decision of the Secretariat of the European Parliament in regard to the notice of vacancy.


legal issue:
Application for the payment of moving expenses for a transfer and traveling expenses while making missions.

AG position on issue:
The High Authority should be ordered to pay the 12364 Belgian francs they offered and an additional 2968 Belgian Francs and they should be interest from February 9, 1963.  The rmaining conclusions of the applicant should be dismissed.

ECJ ruling:
The High Authority is ordered to pay the 12364 Belgian francs they offered with interest of 4.5% from when the application was made up and an additional 2920 Belgian Francs and interest of 4.5% from the date on the application was made up.


legal issue:
Should the decision not to extend the applicants contract beyond 31 January 1963 be annulled?

AG position on issue:
The decision should be annulled and the contract considered still in force.


legal issue:
Should the contested decision in case 20/63 be annulled?


legal issue:
Application for annulment of the decision of the Commission of the EEC appointing Mr. D Strauser Director of Internal Affairs within the Directorate-General for Administration and provide the reasons why Mr./ Strauser was chosen including the minutes of t

AG position on issue:
The court should annul the decision and refer the matter back to the Commission for fresh consideration.


legal issue:
Application for annulment of the the decision of the High Authority concerning membership of the OKU, who control selling of coal in Southern Germany, of the SOREMA, a group of mines in France.  The decision of the high Authority says that SOREMA no longe

AG position on issue:
The application is admissiable but should be dismissed as unfounded.

ECJ ruling:
Annuls the decision of the High Authority concerning membership of the OKU on the part of SOREMA.


legal issue:
Does the concept of 'wage-earner or assimilated worker' have a Community meaning?

AG position on issue:
Persons are assimilated to wage-earners in the field of social security by virtue of provisions of national law, protected against one or more risks to life within the framework of systems organized for the benefit of wage earners no matter wat legal form


legal issue:
Interpretation  of the Treaties and provisions laying down the duration of the sessions of the European Parliamentarry Assembly to resolve the question of the parlimentary immunity of Messrs Fohrmann and Krier.

AG position on issue:
The treaties on immunities should interpret the meaning of duration of the sessions of the Assembly as to not include the period of adjournement of the session fixed by the European Assembly under its rules.

ECJ ruling:
The treaties should interpert the meaning oof the duration of the session subject to the dates of opening and closure according to therules of the Assembly, even if it is not actually sitting, up to the time of the closure of the annual or extraordinary s


legal issue:
Application for the annulment of Decision 7/63 stating the formula that the amount of the levy the companies pay on ferrous scrap and stating that it is illegal.

AG position on issue:
Application should be dismissed as in admissible.

ECJ ruling:
Dismisses the applications as inadmissible.


legal issue:
Application for the reversal of the decisions withdrawing the seperation allowance following the applicants marriage and for an order for the Commission to pay the arrears from the date of the withdraw.


legal issue:
Annulment of the establishment of the plantifs classification Grade A4 and the refusal of the Commission to classify as a Grade A3 and an order against the community to repay plantiffs for damages.

AG position on issue:
The Community should reclassify them as Grade A3 but should not pay damages.

ECJ ruling:
Annuls the decision to not reclassify the applicants.


legal issue:
Should Social Security for Migrant Workers be construed as meaning that the persons to whom it refers are subject only to legislation of the Member State in whose territory they are employed, irrespective of wheter the person concerned can in fact assert

AG position on issue:
It is to be interpreted to mean that the application of the law of the country of employment excludes any simultaneous application of the law of the country of permanent residence, when the two laws, whether or not based on the same qualifications for me

ECJ ruling:
It does not prohibit Member States other than those in the territory of which wage-earners or assimilated workers are employed from applying their social security legislation to such persons.


legal issue:
Application for the annulment of the decision refusing to intergrate the applicant and terminating his contract and for the payment of damages.


legal issue:
Application for annulment of the intergration procedure undergone by the applicant and the reinstatement of the applicant in respect of his rights and duties.

AG position on issue:
The application is well-founded and the decision should be annulled.


legal issue:
Application for annulment of the intergration procedure applied to the applicant and the annulment of the decision to terminate his contract of employment.


legal issue:
Application for annulment of intergration procedure and the decision to terminate the contract of employment of the applicant.

AG position on issue:
The intergration procedure should be annulled and the decision to terminate the contract of employment of the applicant should be annulled.

ECJ ruling:
Annuls the decision to terminate the contract of employment of the applicant.


legal issue:
Application for annulment of the decision of the Commission authorizing the levying of countervailing charges on the importation into the French Republic of glucose.

AG position on issue:
The application should be dismissed as inadmissable.

ECJ ruling:
Dismisses the application for annulment.


legal issue:
The default of the Commission to establish a common organization of the markets in the cereals sector as required in Article 169.

AG position on issue:
There is no longer any neccesity to give a judgement.

ECJ ruling:
The issues in the case have been disposed of.


legal issue:
Application for annulment and revision of the decision of the court to confer upon the applicant a step which does not conform to the provisions on the reclassification of officials subject to the Staff Regulations of officials of the European Coal and St

AG position on issue:
The decision of the court should be annulled to extent that it fixed the accension of the applicant.

ECJ ruling:
Annuls the decision of the court to the extent that it lays down the step at which the applicant  is to be classified.


legal issue:
for reversal of the decisions against intergration and dismissal contained in the letter to the applicant from the defendant and the reinstatement of the applicant.


legal issue:
The reversal of the decision against intergration and of dismissal contained in a letter and the reversal of the procedure underlying the decision.

AG position on issue:
The application should be dismissed as unfounded.


legal issue:
Application for annulment of the decision by which Mr Gennaro Pandolfelli was appointed Head of Division III-C-2 of the right establishment and Services Directorate in the Directorate General of the Domestic Market.


legal issue:
Application for annulment of Decisions Nos 5/63 and 6/63 concerning the authorization of the joint selling of fuels by minning companies of the Ruhr Basin associated within the Ruhr Coal selling agencies Geitling and Prasident.


legal issue:
Are Articles 1 (b), 2(1) (d) and 3 of Regulation No 3 to be interperted as meaning that the "legislation" reffered to therin also includes the Algemene Weduwen- en Wezenwet, although this law, adopted after the entry into force of the Regulation, was not

AG position on issue:
The term legislation appearing in Article 1 (b), Article 2 (1) (d) and Article 3 of Regulation No 3 includes the Netherlands law on General insurane in favour of widows and orphans.

ECJ ruling:
The expressio legislation concerning social security for migrant workers  also includes national legislation making provisions for insurance against premature death with benefits to surviors, even if such legislation came into firce after Regulation No 3.


legal issue:
Is Article 28 (1) (b) of the Regulation applicable to determine the amount of a widows pension granted under the Algemene Weduwen- en Wezenwet, although there is no acquisition, maintenance or recovery of the right to benefit under the regulation and unde

AG position on issue:
The provisions of the article are applicable to the payment of the widows pensions granted under the heading of the general insurance in favour of widows and orphans.

ECJ ruling:
The provisions of the article are applicable to the payment of the widows pensions granted under the heading of the general insurance in favour of widows and orphans.


legal issue:
Where a widows pension is to granted can the insurance periods completed under the Netherlands law on ivalidity be considered as insurance periods for the Application?

ECJ ruling:
They must be assimilated to the periods completed under said legislation.


legal issue:
Do Benefits already paid as Article 28 (1) (g) apply to those paid on 1 January 1959?


legal issue:
Preliminary ruling on the interpertation of Articles 102 of the Treaty.

AG position on issue:
An infringement of by a Member State of the obligations which it has undertaken by virtue of Article 102 can be dealt with only through the procedure of Articles 169 to 171 and cannot result in the nullity or inapplicablity in domestic law before the nati

ECJ ruling:
Article 102 contains no provisions which are capable of creating individual rights which national courts must protect.


legal issue:
Preliminary ruling on the interpertation of Articles 93 of the Treaty.

AG position on issue:
The same interpertaion of Article 102 should apply to Article 93.

ECJ ruling:
Those individual portions of Article 93 to which the question relates equally contain no such provisions.


legal issue:
Preliminary ruling on the interpertation of Articles 53 of the Treaty.

AG position on issue:
It produces direct effects and creates individual rights which national courts must protect. In conjunction with the secvond paragraph of Article 52 it must be interpreted As meaning that it prohibits any new restriction on the freedom of establishment in

ECJ ruling:
Article 53 creates a Community rule capable of creating individual rights which national courts must protect.  It prohibits any new measure which  subjects the establishment of nationals of other Member States to more severe rules than those presribed for


legal issue:
Preliminary ruling on the interpertation of Articles 37 of the Treaty.

AG position on issue:
Article 37 produces direct effects and creates individual rights which national courts must protect as regards new measures introduced  by a Member State which effectively results either in the introduction of a new custom duties or charges having equival

ECJ ruling:
rticle 37 produces direct effects and creates individual rights which national courts must protect as regards new measures introduced  by a Member State which effectively results either in the introduction of a new custom duties or charges having equivale


legal issue:
Application concerning the defendants introduction of a special duty leviable upon the issue of import licences for certain milk products.

AG position on issue:
The Commisions claim is well evident and and the defendants have infringed on the provisions of the treaty.

ECJ ruling:
The defendants have failed to comply with Article 12 of the treaty.


legal issue:
Must Articles 1 (b), 2 (1) and (b) and Article 3 of the Regulation be interperted so as to regard the Interimwet as legislation?

AG position on issue:
The term legislation includes the Interimwet.

ECJ ruling:
The term legislation includes the Interimwet.


legal issue:
Is the supplementary pension provided for in Chapter II of the IWI an invalidity benefit of Type B, within the meaning of Article 24 (1) of the regulation?


legal issue:
Application for annulment of the decision to reject the applicant from be in A4/A5 grade and the removal of his powers to deputize.  In addition the annulment of the decision upon which those decisions were made.

AG position on issue:
The claims must be dismissed as unadmissible and unfounded.

ECJ ruling:
Dismisses the application as unfounded or inadmissible.


legal issue:
Application for the annulment of decisions relating to the applicants career.

AG position on issue:
The application must be dismissed as inadmissible.


legal issue:
Application for the annulment of the decision fixing for the applicant the tonnage of bought ferrous scrap subject to equalization and ordering it to pay the corresponding contribution.


legal issue:
Do the provisions of the Treaty under consideration imply the abrogation ipso jure on the date of the entry into force of the Treaty of the quantitative restrictions or measures having equivalent effect?

AG position on issue:
None of the provisions implies the abrogation ipso jure of quantitative restrictions, etc.

ECJ ruling:
None of the provisions implies the abrogation ipso jure of quantitative restrictions, etc.


legal issue:
Application for the annulment of the decision ordering the applicant to pay the High Authority a sum due from Mr Leone, the applicants desceased spouse, for undertaking under the imported ferrous scrap equilization scheme.

AG position on issue:
The application should be rejected as inadmissible.


legal issue:
Application for the annulment of the decision to reject the applicants placement into career bracket A4/A5.


legal issue:
Is the first paragraph of Article 52 of Regulation 3 applicable before the bilateral agreement referred in the second paragraph of that Article as has been concluded between the Member States concerned?

AG position on issue:
It is applicable even if no bilateral agreement has been concluded between Member States.

ECJ ruling:
It is applicable even before the bilateral agreement.


legal issue:
Is the first paragraph of Article 52 of Regulation No 3 applicable where a traffic accident causing injury has occurred in the territory of a Member State which the injured worker whose residence and place of employment are both situated in the territory

AG position on issue:
The first paragraph of Article 52 applies to the case of a frontier worker who has suffered an accident in his own country, even if the accident is not in the nature of an industrial accident.

ECJ ruling:
These provisions are applicable where a worker who is in receipt of one of the benefits mentioned in Article 2 of Regulation No 3 in respect of an injury sustained in the territory of another Member State is entitled to claim compensation for that injury


legal issue:
Is the first paragraph of Article 52 of Regulation No 3 applicable where a traffic accident causing injury has occurred in the territory of a Member State which the injured worker whose residence and place of employment are both situated in the territory?


legal issue:
Application for the annulment of certain measures adopted in relation to the procedure for a competition.


legal issue:
Application for the annulment of competition No P.E. 1/B and certain measures adopted during the course of the said competition.


legal issue:
Application for the annulment of the decision of the Hiogh Authority demanding payment by the applicant in the sum of 7000000 lire by way of surcharges for delay in payment of levies.


legal issue:
Application for the annulment of the decisions of the Commission of the EEC fixing c.I.f. prices for sorghum.

AG position on issue:
The application should be dismissed as inadmissible.

ECJ ruling:
Dismisses the application as inadmissible.


legal issue:
Application for annulment of Regulations nos 65/64/EEC, 66/64/EEC and 74/64 EEC.


legal issue:
Application concerning the implied refusal by the Secretary General of the Councils of the request of the applicant to be classified in Category A.


legal issue:
Application for the annulment of a decision appointing a servant other than the applicant to the position of Head of Division in the Directorate General for General Affairs.


legal issue:
Application for the interpertation of the judgement given on 7 July 1964 in Case 70/63

ECJ ruling:
Rules the applicatopn for interpertaion of a judgement is inadmissible.


legal issue:
Application for the annulment of the decision of the defendant in so far as it intergrates the applicant in Grade A5 Step 5 of the opinion of the Establishment Board, and all measures taken during the intergration procedure and forming the basis of the ab

ECJ ruling:
Dismisses the application partly oon grounds of inadmissiblity and as unfounded.


legal issue:
Application foor the reparation for damage suffered by the applicants as a result of the wrongful act or omission on the part of the High Authority in the management and supervision of the compulsory equalization scheme for imported ferrous scrap.


legal issue:
Application for the annulment of the decision concerning the participation of the SOREMA in the joint fuel-buying agreements between the wholesale caol merchants operating in South Germany through the agency  of the Oberrheinische Kohleunion, Bettag, Putt

AG position on issue:
The application must be dismissed as unfounded.


legal issue:
Application for the annulment of the implied decision and the express decision of the Commission dismissing the applicants claim to be intergrated in Grade A5.

AG position on issue:
48/64 should be dismissed as being inadmissible and 1/65 as being without foundation.

ECJ ruling:
Dismisses the application 1/65 as unfounded and 48/64 as inadmissible.


legal issue:
Application for the annulment of Article 3 of the Commission of the European Economic Community to the extent that the authorization granted to the Italian Republic determines, by way of protective measures valid until 25 February 1965, certain custom dut

ECJ ruling:
Dismisses a inadmissible the application to suspend the operation pf the Decision contained in 32/64 and dismisses the application as unfounded.


legal issue:
Application for the reclassification of the applicant at a higher step in Grade B1.

ECJ ruling:
Dismisses the present application as inadmissible.


legal issue:
Application for the annulment of the decision of the Commission authorizing the Federal Republic of Germany to retain in force the protective measures concerning the importation of maize, millet and sorghum.

AG position on issue:
The case should be dismissed as inadmissible.

ECJ ruling:
Annuls the decision of the Commission of the European Economic Community authorizing the Federal Republic of Germany to retain in force the protective measures concerning the importation of maize, millet and sorghum.


legal issue:
Application for the annulment of Article 1 (2) and Articles 2 of Decision No 19/63 and of Article 2 (1) and (2) and Article 3 of Decision no 20/63.

AG position on issue:
The applications should be dismissed on the grounds of inadmissiblity.


legal issue:
Interperation of Article 95 of the EEC Treaty.

AG position on issue:
Article 95 of the Treaty should be interperted to refer only to internal Taxation which imposed on both importeers and domestic products, although on the former to a greater than the latter.

ECJ ruling:
A charge imposed on the import licence without which importation would not be possible is not governed by Article 95 of the EEC Treaty.


legal issue:
Application for the annulment of the decisions that led to the applicant to be promoted to Grade A 4 from Grade A 5.

AG position on issue:
The applications should be dismissed as inadmissible.


legal issue:
Application for the annulment of the decision y the President of the High Authority of an implied decision of rejection of a request made under Article 90 of Staff Regulations.


legal issue:
Application for the reversal of the refusal to reimburse removal expenses and to pay the installation allowance.


legal issue:
Application for the reversal of the annulment of the decision against intergration and the repayment of damages.


legal issue:
Application for the annulment of the decision of the defendant to dismiss the applicant, against the failure of the defendant to take action over the administrative complaint lodged by the applicant.

ECJ ruling:
Rules that the decision of the defendant to terminate the contract of the applicant was illegal and constitues a wrongful act incuring the liability of the Community.  Orders the defendant to pay damages to the applicant equivalent to nine times the month


legal issue:
Application concerning the classification of the applicant, the lack o fprotection against the alleged animosity shown by a senior official and the alleged lack of organization at the Joint Nuclear Research Centre at Ispra.

ECJ ruling:
Dismisses the conclusions of the applicant as unfounded.


legal issue:
Application for the annulment and reversal of the decision refusing to intergrate the applicant and terminating his contract and secondly for the payment of damages.

ECJ ruling:
Annuls the decision by which the defendant terminated the contract of the applicant and orders the denfendant to reopen the intergration procedure of the applicant.  Orders the defendant to pay damages.


legal issue:
Application for the annulment of the decision of the High Authority relating to the financial obligation of the applicant under the equalization scheme for imported ferrous scrap.

AG position on issue:
The contested decision must be annulled to the extent to which it makes an assesment for the first time on the applicant to equalization contributions for scrasp.  On the other issues the application is admissible but unfounded.


legal issue:
Application for the annulment of Article 1 of the decision relating to the financial obligation of the apoplicant under the ferrrous scrap equalization scheme.

AG position on issue:
The application is admissible but unfounded.


legal issue:
Application for the annulment of the decision of the High Authority ordering the applicant to pay the sum of FF 476963.76 under the imported ferrous scrap equalization scheme, by way of supplementary equalization contributions.

ECJ ruling:
Dismisses the appplication as unfounded.


legal issue:
Application for the annulment of the decision rejecting the applicants request concerning his grading, being a decision implied from that fact that no reply was given within two months of that date.


legal issue:
Application to classified in a particular step of a grade.

AG position on issue:
The appeals should be dismissed as inadmissible.

ECJ ruling:
Dismisses the present applications as inadmissible.


legal issue:
Applications for the partial annulment and for the variation of a decision by which the President of the Court refused to alter the step granted to the applicant by a regarding decision of 14 March 1963.

AG position on issue:
The appeal must be dismissed as inadmissible.


legal issue:
Application for the annulment of the measure notified to the applicant by letter from the Registrar of the Court of Justice and for the revision of the applicants retirement pension on the basis of his classification in Grade L A 3 Step 8.


legal issue:
By allowing certain products of the engineering industry exported to other Member States to benefit from repayment of internal taxation which contravened Article 96 of the Treaty establishing the EEC ether by reason of the nature of the tax or of the meth

AG position on issue:
The Italian Republic has failed to fulfill its obligation under Article 96 of the Treaty.

ECJ ruling:
The Italian Republic has failed to fulfill its obligation under Article 96 of the Treaty.


legal issue:
Interpertation of Article 22 of Regulation No 3 of the Council of the EEC concerning the social security of migrant workers.

AG position on issue:
The benefits refered to do not include the payments by which an institution liable for payment of pensions contributes toward the cost of sickness insurance entered into by trhe pensioner.

ECJ ruling:
Supplementary pension payments which are intended as a contribution to the financing of the beneficiarys sickness insurance do not fall within the meaning of the expression benefits in kind.


legal issue:
Application for the reparation to make good the injury caused by the wrongful act or ommission on the part of the Community in operating the scheme for equalization of imported ferrous scrap and scrap treated as such.

AG position on issue:
The plantiff should compensate the applicant for damages the incurred.

ECJ ruling:
Requires the parties to produce to the Court the figures of any agreed damages.


legal issue:
Interpertation of certain provisions of Regulation No 3 of the Council of the EEC concerning social security for migrant workers.

AG position on issue:
Whether the injury is elated to work or not the person is entitled to compensation.  The social security institution  of a Member State to bring an action for the reimbursement of benefit paid by them in respect of an accident occurring befor 1 January 19

ECJ ruling:
Whether the injury is elated to work or not the person is entitled to compensation.  The social security institution  of a Member State to bring an action for the reimbursement of benefit paid by them in respect of an accident occurring befor 1 January 19


legal issue:
Application for the classification of the applicant in Grade L/A4, Step 5.


legal issue:
Application for the annulment of the refusal of the defendant on 29 October 1964 to classify the applicant in Grade A6 with effect from 1 January 1962.

ECJ ruling:
Dismmisses the application as being inadmissible.


legal issue:
Application for the classification of the applicant in Grade L A4, Step 5.


legal issue:
Application for the classification of the applicant in Grade L A4  Step 5.


legal issue:
Application for the annulment of Internal Competition No B10 for the post of administrative assitiant in the Directorate-General of Administration and annul the decision of the appointment of Mrs Marie-Therese Louwage to Grade B4.

AG position on issue:
The decision apponting rs Marie-Therese Louwage to Grade B4 should be annulled.

ECJ ruling:
Annuls the decision apponting rs Marie-Therese Louwage to Grade B4.


legal issue:
Application for the annulment of the assessment made by the Selection Board of the candidates for Internal Competition No B 12 and challeging the appointment of Mr Piraino as a result of said competition.

AG position on issue:
The decision of the Secretary-General of the European Parliament appointing Mr. Piriano to the post of administrative assitiant should be annuled.

ECJ ruling:
Annuls the decision of the Secretary-General of the European Parliament appointing Mr. Piriano to the post of administrative assitiant.


legal issue:
Application for the annulment of the decision of 2-16 December 1964 assigning the applicant to the Directorate-General for Economy and Energy.

AG position on issue:
The decision of the High Authority should be annulled.

ECJ ruling:
Annuls the decision of the defendant institution.


legal issue:
Application for the annulment of the defendants decision requiring the applicant pay a specific sum as its contribution to the equalization scheme for imported ferrous scrap.

AG position on issue:
The application should be rejected as it is entirely unfounded.

ECJ ruling:
Dismmisses the application as unfounded.


legal issue:
Application for the annulment of the individual decision of the High Authority requesting the applicant pay an equalization contribution on 79990 metric tons of scrap.


legal issue:
Application for the annulment of Decision III/COM (62) 219 def of the Commission of the European Economic Community refusing to authorize Germany to suspend in part customs duties applicable to fresh sweet oranges.

AG position on issue:
The decision of the Commission should be annulled.


legal issue:
Application for te annulment of the decision authorizing the French Republic to take protective measures under Article 226 of the EEC Treaty against the importation of domestic electric refrigirators and certain spare parts of Italian origin.


legal issue:
Application for the annulment of the decision of the President of the High Authority of the ECSC refusing to intergrate the applicant as an established official of the Community and for damages in reparation for the injury suffered as aresult of that deci

ECJ ruling:
Dismisses the application as unfounded and inadmissible.


legal issue:
Application for the annulment of the asseessment of the contribution to ferrous scrap equalization scheme.

AG position on issue:
The applicantions should be dismissed on the grounds of inadmissibility.


legal issue:
Application for annulment of the decision of the sum that the applicant must contribute to ferrous scrap equalization scheme.

AG position on issue:
The application should be dismissed as inadmissible,


legal issue:
Application for the annulment of the decision of the High Authority and the copntributions required by the applicant to ferrous scrap equalization scheme.

ECJ ruling:
Dismisses the application as inadmissible


legal issue:
Application for the annulment of the decision of the High Authority fixing the tonnage of imported ferrouus scrtap subject to the equalization contribution and the amount due in accordance with the provisions concerning said equalization.

ECJ ruling:
Annuls the decisions fixing the tonnage subject to equalization.


legal issue:
Application for reparation for injury caused by an alleged wrongful act or ommission on the part of the defendant.


legal issue:
Application for the annulment of the decision by the High Authority to demand payment of the sum 7000000 lire by way of surcharges for delay in payment of the levies imposed on its production of steel for the years 1953-1960.


legal issue:
Application for the annulment of the decision of the High Autrhority of December 18, 1962 and of the periodic penalty payments and reduction of the fines.

ECJ ruling:
The applications are dismissed as unfounded.


legal issue:
Application for the annulment of the decision of the High Authority including in the tonnage used as the basis for the assesment of the contribution 20682 metric tons of ferrous scrap before the date of entry of the decision.


legal issue:
Admissability of application for annulment


legal issue:
Was the high authority decision of 1956 regarding a disribution arrangement for coal in Germany dating from 1953 consistent with the obligations of the High Auhtority?


legal issue:
Has Italy failed to fulfill its obligations by applying the duty in question on tubes, valves and lamps for imported radio recievers?

AG position on issue:
Italy has failed to fulfill its obligations.

ECJ ruling:
Italy has failed to fulfill its obligations.


legal issue:
Should the Parliament decision of 7/3/59 dismissing the plaintiff be annulled and should the plaintiff be compensated for this decision?

AG position on issue:
The decision should be annulled and the plaintiff compensated.

ECJ ruling:
The decision is annulled and the plaintiff compensated with 40,000 Belgian francs.


legal issue:
Has the High Authority infringed its obligations by exempting producers of steel foundries from certain equalization payments on the consumption of bought scrap?


legal issue:
Should Dec 16/60 of the High Authority, refusing the applicants authority to form a single marketing company, be annulled?


legal issue:
Is the application originating third party proceddings admissible and well-founded?


legal issue:
Is the application originating third party proceedings admissible and justified?


legal issue:
Should the applicant receive reparation for injury suffered by a wrongfull act or omission on the part of the Community under Art 40?


legal issue:
Should Recommendation 1/61 of the High Authority relating to the publication of the scales, rates and tariff rules applied to the carriage of steel and coal be annulled?


legal issue:
Should the High Authority decision of 6/14/61 withdrawing with retroactive effect the exemption granted to the applicant relating to the equalization of imported ferrous scrap be annulled?


legal issue:
Should the fine imposed by the High Authority decision of 6/21/61 be reduced?


legal issue:
Should the High Authority decision of 6/21/61 to sanction the applicant in regards to the exemption from transport costs be annulled or varied?


legal issue:
Should the High Authority decision of 6/21/61 to sanction the applicant in regards to the allowance granted to Orsi be annulled or varied?

AG position on issue:
The application should be granted and the fine reduced.

ECJ ruling:
The application is granted and the fine is reduced.


legal issue:
Should the High Authority Decision of 6/14/61 be annulled?


legal issue:
Should the High Authority Decision of 7/5/61 rejecting a claim for exemption from the equalization contribution be annulled?


legal issue:
Should the Community pay reparation to the applicant for an injury caused by its wrongful act or omission?

AG position on issue:
The High Authority should be held liable for the injury to the applicant resulting from the equalization payments from 1954 to 1957.


legal issue:
Should the applicant be compensated for an injury allegedly caaused by a wrongful act or omission on the part of the Community?

AG position on issue:
The High Authority should be held liable and compensate the applicant.


legal issue:
Have Luxembourg and Belgium failed to fulfill their obligations by levying special duties on imported gingerbread?

AG position on issue:
Luxembourg and Belgium have failed to fulfill their obligations.

ECJ ruling:
Luxembourg and Belgium have failed to fulfill their obligations.


legal issue:
Should the High Authority decision to withdraw its demand for the production of invoices relating to electric energy used by the applicants be annulled?


legal issue:
Should Reg 23 of the Council relating to the common market of fruits and vegetables be annulled?


legal issue:
Should the second sentence of Art 2(1) of Reg 26 of the Council be annulled?


legal issue:
Should the decision of the Commission in question relating to the fixing of a countervailing charge on imports of powdered milk into Germany be annulled?


legal issue:
I the Commission decision of 24 January 1964 fixing free-at-frontier prices for cereals valid?


legal issue:
Should the Council notice of dismissal communicated to the applicant on 8/8/62 be annulled?


legal issue:
Should the Commission decision of 5/11/62  refusing to grant a request by the applicant for the grant of a tariff quota?


legal issue:
Should certain agreements entered into by the Schlieker group, in which the applicant has an interest, be declard null and void?


legal issue:
Should the Commission decision refusing to authorize Germany to suspend in part customs duties applicable to mandarins and clementines imported from third countries be annulled and the applicant compensated?


legal issue:
May nationals of a State lay claim to individual rights which the court must protect under Art 12 of the EEC Treaty?

AG position on issue:
Article 12 only contains an obligation on the part of the Member States.


legal issue:
Does the application of an import duty of 8% to imports in the Netherlands from Germany represent an unlawful increase under Art 12 of the EEC Treaty?

AG position on issue:
The Court should issue no judgment on the first questions.

ECJ ruling:
Regard must be had to the duties and charges actually applied in the State in question at the date of the entry into force of the Treaty. Such an increase can result from a reclassification of the product under more highly taxed heading or an increase in


legal issue:
May nationals of a State lay claim to individual rights which the court must protect under Art 12 of the EEC Treatyy?


legal issue:
Should the Court annul the decision of the High Authority notified to the applicant by letter of 24 Feb 1959 on the grounds that it is based on the provisions of Dec 2/57 which are void?

AG position on issue:
In case 15/59 the contested decision should be annulled. As regards C-29/59, the application should be rejected and the costs be borne by the Soceiete.

ECJ ruling:
The application brought by the applicant is dismissed as unfounded.


legal issue:
Should the Court annul the cited provisions of Dec 17/59 of 2/18/1959?

AG position on issue:
Those claims not withdrawn by the applicants should be dismissed.

ECJ ruling:
Those claims not withdrawn by the applicants are dismissed.


legal issue:
Should the decisions of the High Authority of 12/01/1958, ref No 35172, be annulled?


legal issue:
Should the Court annul the decision of the High Authority date 15 April 1959 concerning an inspection of the plaintiff?

ECJ ruling:
The application is dismissed as unfounded.


legal issue:
Should the decision of the president of the High Authority proposing the application to the applicant of the provisions of the Staff Regs of Officials of the Community as an established official in Grade 9 be annulled?

AG position on issue:
The application msut be dismissed in its entirety as being inadmissible.


legal issue:
Should the individual decisions of the High Authority of 6 January 1959 be annulled?

AG position on issue:
The application is rejected as inadmissible.

ECJ ruling:
The Court annuls the decisions of the High Authority of 6 January 1959 'concerning the repayment of provisional equalization payments made by the applicants.


legal issue:
Should the Court's decision of 17 December 1959 be revised and a new trial date be set for case 23/59?


legal issue:
Should the contested decisions of the High Authority be annulled?


legal issue:
Should sections III, IV and V of Dec T/10.202 of 12 Feb 1958 be annulled?


legal issue:
Should the Court declare that the High Authority did not have the power to issue the contested decsision and that the decision is therefore void?

AG position on issue:
The Court should dismiss the present applications as unfounded and order the applicants to pay the costs of the proceedings.

ECJ ruling:
The applications in joined cases 27, 28 and 29/58 are dismissed.


legal issue:
Should the Court annul the decision of the High Authority regarding the application of Tariff AT 6 B 33(I)?

AG position on issue:
The Court should dismiss the application.

ECJ ruling:
The Court annuls the disputed decision to the extent that it acknowledges that the Tarifs, in so far as they apply to the carriage of coal and coke, comply with the principles of the Treaty.


legal issue:
Should the Court declare that the High Authority, by granting extensions of time, unlawfully authorized the retention of the Tariffs?

ECJ ruling:
The conclusion in the application is rejected as unfounded.


legal issue:
Should the Court declare, in joined case 34/58, that the High Authority should have recommended introduction of a tariff of general application?


legal issue:
Should High Authority Decision No 18/59 of 2/18/1959 be annulled?

AG position on issue:
There should be a finding in favour of the Italian Government and the decision of the High Authority should be declared null and void for not complying with fundamental formalities.


legal issue:
Should HA Decision No 18/59 of 18 Feb 1959 be annulled?

AG position on issue:
The Court should uphold the applicationof the Government of the Kingdom of the Netherlands.


legal issue:
Should the applicant be granted payment of a resettlement allowance?


legal issue:
Should the applicant be granted a severance grant in accordance with Art 62© of the Staff Regulations?


legal issue:
Should the applicant be reimbursed for traveling expenses?


legal issue:
Should the HA be ordered to pay the applicant the amount standing to his credit in the Provident Fun of the staff of the ECSC?

ECJ ruling:
The High Authority should pay the applicant the amount which was standing to his credit.


legal issue:
Should the HA be ordered to pay the applicant the sums deducted form his remuneration in respect of his pension contributions?


legal issue:
Should the applicant be paid additional interest on the funds granted to him?


legal issue:
Should the date on which the applicants resignation took effect be altered?


legal issue:
Should Art 6(1) and (2) of HA Decision No 36/59 of 17 June 1959 be annulled?

AG position on issue:
Articles 6(1) and (2) of Decsion of Decision 17/59 as amended by the contested decision should be annulled.


legal issue:
Should the applicants be awarded damages as a result of the Commission's termination of their employment?

ECJ ruling:
Damages of FB 60 000 are granted to each of the applicants.


legal issue:
Should the Court annul the decision of the HA contained in the letter to the applicant of 24 July 1959?


legal issue:
Should the Court annul the HA's implied decision contained in the letter of 6 August 1959?

ECJ ruling:
The application is dismissed as inadmissible.


legal issue:
Should the Commissiono f the EEC pay damages to Mr RPM Fiddelaar?

AG position on issue:
The Commission should be ordered to pay to the applicant compensation of an amount fixed at the discretion of the Court.

ECJ ruling:
The Commission shall pay FB 100 000 from which shall be deducted FB 60 000 being the interim payment made under the Order of the President of the Court.


legal issue:
Should the tax assessment at issue be annulled, declared void/of no effect and the defendant ordered to pay damages?


legal issue:
What is the effect of the Protocol on the Privileges and Immunities of the ECSC?

AG position on issue:
The protocol prohibits MS from imposing on an official of the Community a ny taxation whatsoever which is based in whole or in part on the payment of the salary ofthat official by the Community.

ECJ ruling:
The protocol prohibits MS from imposing on an official of the Community a ny taxation whatsoever which is based in whole or in part on the payment of the salary ofthat official by the Community.


legal issue:
Should the HA decision of rejection sent out in the letter from the HA to the applicant dated 30 Aprile 1959 be annulled?

AG position on issue:
The contested decision should be annulled.


legal issue:
Should the HA be ordered to record by decision that the FRG hwas failed to fulfil its obligation under the Treaty?


legal issue:
Should the letter from the Market Division of the HA of 08/07/1959 be annulled [the claim in case 42/59]?

AG position on issue:
The Court should dismiss the application and the costs of the application should be borne by the applicant.


legal issue:
Should the implied decision of the HA refusing to withdraw with retroactive effect the exemptions granted to the interveners, etc. be annulled [claim in the joined case]?

AG position on issue:
The implied decision in dispute should be annulled.

ECJ ruling:
The implied decision is annulled and the matter remitted to the HA.


legal issue:
Should the decision of the HA to pay the sum of Lit. 3 358 438 to the applicant be annulled?

AG position on issue:
There is no gournd for the applications to proceed to judgment.

ECJ ruling:
There is no grounds for proceeding to judgment.


legal issue:
Should the decision of the President fo the Court of Justice of 09/21/1960 withdrawing the separation allowance from the applicant be annulled?

AG position on issue:
The decision of the President should be annulled.


legal issue:
Should Articles 1, 3 and 5 of Dec No 46/59 be annulled?


legal issue:
Should the HA be declared liable for a wrongful act or omission in that it did no notify the applicant in good time of the amount of equalization contribution in respect of ferrous scrap?


legal issue:
Should the implied decision of refusal by the High Authority in respect of a letter from the applicant concerning his position in the service be annulled?


legal issue:
Should the application for pecuniary reparation from the Community for damage claimed to have been caused by an ommission of the HA be granted?

AG position on issue:
The application in case 12/60 should be dismissed; the application in joined case 9/60 should be declared well founded and the decision on the claim for final judgment should be reserved.


legal issue:
Should the applicant be granted compensation for the loss allegedly suffered by the applicant owing to the need to resign from his Grade A 3 post in the Legal Department of the Secretariat of the Councils.


legal issue:
Should the contested decisions in the joined cases be annulled?

AG position on issue:
The applications should be dismissed in their entirety as unfounded.


legal issue:
Has the Italian Government failed to fulfil its obligations under Art 31 of the Treaty?

AG position on issue:
Italy has failed to fulfil its obligations.

ECJ ruling:
Italy has failed to fufil its obligations.


legal issue:
Is the applicant entitled to the payment of the installation allowance?

AG position on issue:
The prescribed amount of the installation allowance should be paid to Mrs De Bruyn.

ECJ ruling:
The prescribed amount of the installation allowance should be paid to Mrs De Bruyn.


legal issue:
Under what conditions is Art 85(2) of the Treaty applicable?

AG position on issue:
The provisions of Art 85 of the Treaty are fully and directly applicable in the MS at least from the time of entry into force of the Implementing Reg made by virtue of Art 87.

ECJ ruling:
The Art is only applicable to those agreements and decisions which the authorities of the MS have expressly declared to come under 85(1) or which the Commission has held to be contrary to Art 85.


legal issue:
Are other agreements falling under Art 85(1) to be considered automatically void if they are notified to the Commission within the time limits of Art 5?

AG position on issue:
The automatic nullity imposed by Art 85(2) is operative so long as the provision of that paragraph have not been delcared inapplicable by the Commission

ECJ ruling:
Such agreements are not automatically void unless the Commission decides they cannot be made the subject of a decision or if the authorities of the MS exercise the powers conferred by Art 88.


legal issue:
Are Agreements existing at the time of entry into force of the First Regulation that are not notified to the Commission autotmatically void?


legal issue:
Is the Decision of the EEC of 27 July 1960 valid?


legal issue:
What action should be taken regarding the applicant's remaining claims for compensation?

AG position on issue:
The remaining claims should be dismissed.


legal issue:
Should the decision contained in the letter of 1 March 1963 be annulled?


legal issue:
Should the suspension from duty of the applicant during the month of January 1963 be annulled?


legal issue:
Should the contested decision in case 21/63 be annulled?


legal issue:
Under what conditions are persons covered by the concept of 'wage-earner or assimilated worker'?

AG position on issue:
The concept covers persons who have been admitted as beneficiaries of a voluntary insurance scheme under natinal law governed by principles analogous to those of the compulsory system.

ECJ ruling:
The concept covers persons who have been admitted as beneficiaries of a voluntary insurance scheme under natinal law governed by principles analogous to those of the compulsory system.


legal issue:
What rights or benefits are derived from the status of being a 'wage-earner or assimilated worker?

AG position on issue:
The provisions of Art 19(1) of Reg 3 apply to 'ware-earner or assimilated workers' envisaged in Art 4(1) and with the same meaning.

ECJ ruling:
They benefit from the rights conferred by Art 19(1) or Reg 3, whatever may be the reason for their temporary residence.


legal issue:
Do any conditions exist under which such an application would not be allowed?

ECJ ruling:
If another MS requires the worker to contribute to the financing of an institution which would not accord him supplementary protection, then the application is not allowed.


legal issue:
Should the Commission pay Mr Degreef the arrears of his monthly salary from the date of dismissal?


legal issue:
Should the applicant be reclassified in Grade L/A 3, Step 7 with effect from 1 January 1962?

AG position on issue:
The case should be referred back to the COJ for it to take the appropriate measures concerning him in compliance with the judgment.


legal issue:
Should the words 'or its departments' be annulled from Art 15(3) of the contested decisions?


legal issue:
Are the provisions of Art 52 of Reg 3 applicable before a bilateral agreement has been concluded between the MS concerned?

AG position on issue:
The provisions are applicible even before a bilateral agreement.

ECJ ruling:
The provisions are applicible even before a bilateral agreement.


legal issue:
Under what conditions are the provisions mentioned in the first question applicable?

AG position on issue:
The provisiosn apply when a worker is in receipt of on eof the benefits mentioned in Art 2 is entitled to claim compensation for that injury from a third party in the MS where the injurty was sustained.

ECJ ruling:
The provisiosn apply when a worker is in receipt of on eof the benefits mentioned in Art 2 is entitled to claim compensation for that injury from a third party in the MS where the injurty was sustained.


legal issue:
Does the article apply even if no bilateral agreement has been reached between the MS concerned?


legal issue:
Should the defendant be ordered to pay damages to the applicant?

ECJ ruling:
The defendant is ordered to pay damages in the amount of nine times the montly net emoluments received by him at the moment when the dismissal took effect.


legal issue:
Should the applicant be awarded damages for loss suffered independently of the illegality of the above decision?


legal issue:
Should the applicant be paid a weighting of 25 706 Belgian francs?


legal issue:
Should the applicant be awarded payment for the sum expended out of his personal fund on his laboratory at Ispra?


legal issue:
Should the applicant be awarded compensation for non-material damages?

ECJ ruling:
The applicant is awarded 20 000 Bfrs as compensation.


legal issue:
Should the applicant be awarded the emoluments due under his contract for the period between the termination of his employment and the notification to him of a new decision?

ECJ ruling:
The applicant is awarded the emoluments.


legal issue:
Does Art 52 apply even to workers who are not migrant workers?


legal issue:
Should Application 12/64 be declared admissible?

AG position on issue:
No, dismiss application 12/64 directed against Vacancy Notice 403 as inadmissible.

ECJ ruling:
Dismisses the application 12/64 as inadmissible.


legal issue:
Should Application 29/64 directed against Vacancy Notice No 403 be declared admissible?

AG position on issue:
No, dismiss this application and the conlusions as inadmissible.

ECJ ruling:
Dismisses this application as inadmissible.


legal issue:
Should the applicant's request for the reward of damages in this application be granted?

AG position on issue:
No, dismiss the applicantion's claims for damages.

ECJ ruling:
Dismisses the applicant's request for the award of damages.


legal issue:
Should Internal Competition No 165-A and the appointments made under it be annulled in accordance with the application at hand?

AG position on issue:
Yes, annul Internal Competition Competition No 165-A and the appointments made by the Commission on the basis thereof.

ECJ ruling:
Annuls Internal Competition Competition No 165-A and the appointments made by the Commission on the basis thereof.


AG position on issue:
No decision need be given in Application 19/64.

ECJ ruling:
Declares that no decision need be given in Application 19/64.


legal issue:
Are applications 2 and 3/62 brought by the Commission of the EEC against the Grand Duchy of Luxembourg and the Kingdom of Belgium admissible?

ECJ ruling:
Yes, the applications are admissible and well founded.


legal issue:
Are the applications submitted to the court admissible?


legal issue:
Is the claim for compensation admissible?

AG position on issue:
The application is likewise inadmissible or at least unfounded in so far as it seeks compensation.

ECJ ruling:
Dismisses the claim for compensation as unfounded.


legal issue:
Should Application 32/64 be dismissed as unfounded?

AG position on issue:
Yes, dismiss the application as unfounded.


legal issue:
Are Applications Nos 36/59, 37/59 and 38/59 admissible?


AG position on issue:
Application 40/59 is admissible with the exception of its conclusions in the alternative.

ECJ ruling:
Application 40/59 is admissible with the exception of its conclusions in the alternative.


AG position on issue:
Application 1/65 should be dismissed as being without foundation.

ECJ ruling:
Dismisses Application 1/65 as unfounded?


legal issue:
Are the actions for failure to act under Art 35 of the Treaty admissible?

ECJ ruling:
Dismisses the actions for failure to act under Article 35 of the Treaty as inadmissible.


legal issue:
Is the application admissible insofar as the conclusions drawn to obtain a finding that the defendant failed in its duty of assistance and protection?

AG position on issue:
No, dismisses the application as unfounded.

ECJ ruling:
No, dismisses the application as unfounded.


legal issue:
Is the application admissible insofar as it concerns the lack of organization at the Centre at Ispra?

AG position on issue:
Dismiss the application as inadmissible.

ECJ ruling:
No, dismiss the application as inadmissible.


legal issue:
Should the decision of 8 July 1963 whereby the Commission appointed Edoardo Volpi be annulled?

AG position on issue:
The decision ought to be annulled given serious defeciencies in the promotion procedure.

ECJ ruling:
Annuls the decision of 8 July 1963 whereby the Commission of the EEC appointed Mr Edoardo Volpi.


legal issue:
Should the decision of 3 July 1963 whereby the Commission appointedMr Dieter Rogalla be annulled?

ECJ ruling:
Annuls the decision of 3 July 1963 whereby the Commission of the EEC appointed Mr Dieter Rogalla.


legal issue:
Is the application presented in 25/60 for compensation admissible?

ECJ ruling:
Rules that the present application for compensation is admissible.


legal issue:
Is the submission to the Court for a preliminary ruling admissible?

AG position on issue:
The court ought to reject the plea of 'absolute inadmissibility' raised by the Italian Government.

ECJ ruling:
The questions put forth by the giudice Conciliatore, Milan, are admissible in so far as they relate in this case to the interpretation of provisions of the EEC Treaty.


# Referral

referring court:
College van Beroep voor het Bedrijfsleven


referring court:
The Tribunal d Arrondissement of Luxembourgm Chamb


referring court:
First Civil Chaber of the Cour d Appel, Colmar


referring court:
COURT OF APPEAL OF THE HAGUE, SECOND CHAMBER


