# General Case Characteristics

Judgment Title:
SpA Acciaierie e Ferriere Stefana Fratelli v. High Authority

Plaintiff:
SpA Acciaierie e Ferriere Stefana Fratelli


Defendant:
Caisse Regionale de Securite Sociale du Centre dOrleans and Another


Plaintiff:
Societa Eridania Zuccherifici Nazionali and Others


Defendant:
SA Smith Corona Marchant International and Others


Judgment Title:
Office National des Pensions pour Ouvriers v Marcel Couture

Plaintiff:
Office National des Pensions pour Ouvriers


Defendant:
Office National des Pensions pour Ouvriers


Judgment Title:
Sociale Verzekeringsbank v. Van der Vecht


Judgment Title:
De Cicco v. Landesversicherungsanstalt Schwaben


Judgment Title:
Sociaal Foods voot de Diamantarbeiders v. SA Ch. Brachfeld and Sons and Chougol Diamond Co.

Defendant:
SA Ch. Brachfeld and Sons nd Scoiaal Fonds voor de Diamantarbeiders and Chougal Diamond Co


Judgment Title:
Kunstmuhle Tivoli v. Hauptzollamt Wurzburg


Plaintiff:
Caisse Regionale de Securite Sociale du Nord-Est


Defendant:
Probel, Reese, Beintema-Interpharm and Centrafarm


Plaintiff:
Cosieta Industriale Metallurgica di Napoli and Acciaierie e Ferriere di Roma


Judgment Title:
Nederlandsche Hoogovens v. High Authority

Plaintiff:
Koninklijke Nederlandsche Hoogovens en Staalfabrieken NV


Judgment Title:
Firma Fink-Frucht GmbH v. Hauptzollamt Munchen-Landsbergerstrabe


Judgment Title:
Entraide medicale v. assurances generales

Plaintiff:
Caisse de Maladie des CFL Entraide medicale and Another

Defendant:
Compagnie belge d assurances generales sur la vie at contre les accidents


Judgment Title:
Richard Muller v Council of the EEC and Council of EAEC


Judgment Title:
Firma Molkerei-Zentrale Westfalen/Lippe GmbH v. Hauptzollamt Paderborn


Judgment Title:
Securite Sociale du Nord de la France v. Torrekens

Plaintiff:
Caisse Regionale Securite Sociale du Nord de la France


Judgment Title:
Usines de la Providence v. High Authority

Plaintiff:
Societe Anonyme des Laminoirs, Hauts Fourneaux, Forges, Fonderies et Usines de la Providence and Others


Plaintiff:
Caisse d assurance vieillesse des travailleurs salaries de Paris


Judgment Title:
Schwarzwaldmilch v. Einfuhr- und Vorratsstelle


Plaintiff:
Compagnie des Forges de Chatillon, Commentry et Neuves-Maisons


Plaintiff:
Etablissements Consten SARL and Grundig-Verkaufs-GmbH


Judgment Title:
Societe Technique Miniere v Maschinenbau Ulm GmbH


Defendant:
Management of the Beambtenfonds voor het Mijnbedrijf


Judgment Title:
Wohrmann v. Hauptzollamt Bad Reichenhall


Judgment Title:
Acciaierie e Ferriere Pugliesi v. High Authority


Plaintiff:
Societe Anonyme Cimenteries CBR Cemetbedrijven and Others


Defendant:
Caisse dAssurance Vieillesse des Travailleurs Salaries de Paris


# Issue area

issue area (key word):
Member States of the European Communities


issue area (key word):
adverse effect upon the conditions of competition


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


issue area (key word):
individual measure adopted by an institution


# Issues and positions

legal issue:
Does Community law prevent the application of prohibitions of cartels under national law to situations falling under Article 85 of the Treaty?

AG position on issue:
Community law does not prevent application of prohibitions of cartels under national law to situations falling under Article 85 of the Treaty.

ECJ ruling:
Community law does not prevent application of prohibitions of cartels under national law to situations falling under Article 85 of the Treaty.


legal issue:
Does Article 7 of the EEC Treaty prohibit Member States from applying their laws on cartels differently on the grounds of the nationality of the parties concerned?

AG position on issue:
Article 7 does prohibit Member States from applying laws differently based on nationality.

ECJ ruling:
Article 7 does prohibit Member States from applying laws differently based on nationality.


legal issue:
Should the periodic report of 1/15/68 be annulled or can they be used against the applicant?

AG position on issue:
The application is dismissed and the report can be used.

ECJ ruling:
The application is dismissed and the report can be used.


legal issue:
Does the expression "all taxes on salaries and emoluments paid by the Community" in Art 11b of the 4/18/51 Protocol on Privileges and Immunities of the ECSC include social security contributions levied by a State on an official?

AG position on issue:
The expression does not include such social security statements.

ECJ ruling:
The expression does not include such social security statements.


legal issue:
Should the decisions of 6/26/68 terminating the service of the applicant and of 3/20/69 allocating the applicant on a provisional basis to the post of Principal Advser be annulled?


legal issue:
Should the decision of 7/17/67 appointing Mr. Frisch to his position be annulled?


legal issue:
Should the decision taken by the Audit Board on 3/26/68 removing the applicant from his post be annulled?

ECJ ruling:
An expert shall be appointed to determine whether the mental state of the applicant was such that the acts which have been attributed to him could have been intentional.


legal issue:
Does Article 27 of Regulation 3 also apply to non-contributory social security schemes?

AG position on issue:
This Article also applies to non-contributory social security schemes.

ECJ ruling:
This Article also applies to non-contributory social security schemes.


legal issue:
Should the decision of 8/13/68 be annulled and the applicant receive damages?


legal issue:
Has Italy failed to fulfill its obligation under the EEC Treaty by collecting a statistical levy on goos exported to other Member States?

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

ECJ ruling:
Italy has failed to fulfill its obligations.


legal issue:
Should the decision of 5/21/68 be annulled to the extent that it precludes the calculation of the applicants pecuniary rights, as a result of the termination of his service?


legal issue:
Should the decision of 6/26/68 terminating the applicants service be annulled?


legal issue:
Should the decision of 10/31/68 concerning the Italian State Railways be annulled?


legal issue:
Is an exclusive dealing agreement, even with absolute territorial protection, having regard to the weak position of the persons concerned on the market in the products in question, prohibited by Article 85(1)?

AG position on issue:
Such an exclusive dealing agreement escapes the prohibition of Article 85.

ECJ ruling:
Such an exclusive dealing agreement escapes the prohibition of Article 85.


legal issue:
Is a duly notified old agreement provisionally valid under Article 85

AG position on issue:
Such an agreement is provisionally valid.

ECJ ruling:
Such an agreement is provisionally valid.


legal issue:
Does the phrase "the performance of their duties" in the second paragraph of Art 188 of the EAEC Treaty include the use of servants of the Community of their private cars in the course of employment?

AG position on issue:
The phrase does not include the use of private cars in the course of employment.

ECJ ruling:
The phrase does not include the use of private cars in the course of employment.


legal issue:
Do customs duties bound under GATT within Art 16 of Reg 160/66 mean that the additional duty on sugar under footnote a may be imposed on the sugar contained in the product?

AG position on issue:
The additional duty on sugar may be imposed on the product.

ECJ ruling:
The additional duty on sugar may be imposed on the product.


legal issue:
Does Community law entitle a migrant worker who is a national of State A who had to interupt employment in State B for military service to have his period of service taken into account when calculating seniority in employment?

AG position on issue:
Such a worker is entitled to have that period taken into account when calculating seniority.

ECJ ruling:
Such a worker is entitled to have that period taken into account when calculating seniority.


legal issue:
Has Italy failed to fulfill its obligations by applying a system of taxation which imposes a higher tax burden on potable spirits imported from other Member States than on national products?


legal issue:
Should the decisions of 10/3/68 and 11/11/68 by the Director-General for Personel and Adminstration be annulled?


legal issue:
Is the concept of migrant worker under Community law applicable to a wage earner who has both his place of work and place of residence in the Grand Duchy, but is involved in a traffic accident in Belgium that is not his fault?

AG position on issue:
Article 52 of Reg 3 is applicable to such a worker.

ECJ ruling:
Article 52 of Reg 3 is applicable to such a worker.


legal issue:
Is Article 52 applicable when the person liable for payment of benefit does not institute proceedings before the foreign court but before his national court?

AG position on issue:
Article 52 is applicable in proceedings before the national court.

ECJ ruling:
Article 52 is applicable in proceedings before the national court.


legal issue:
May the provisions for a direct claim in favor of the person liable for payment of a benefit under Art 52 be invoked without its having been the subject of a previous Belgo-Lux agreement?

AG position on issue:
This claim can be invoked even if not the subject of a bilateral agreement.

ECJ ruling:
This claim can be invoked even if not the subject of a bilateral agreement.


legal issue:
Is Article 4 of Decision 69/71/EEC invalid because it requires those benefiting from cheap butter to provide proper identification?


legal issue:
Has Italy failed to fulfill its obligations by allowing certain products of the engineering industry exported to other Member States to benefit from a repayment of internal taxation which Article 96 of the Treaty?


legal issue:
Should Decisions 1/22/66, 1/17/INON, and 1/73/67 granting aid from the EAGG Fund to companies be annulled?


legal issue:
Should the decision of the Commission of 9/16/68 denying the applicant dependent child allowance be annulled?


legal issue:
Has France failed to fulfill its obligations by maintaining in relation to the preferential rediscount rate for export claims beyond 11/1/68 and advantage in excess of 1.5 points over the general rate?

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

ECJ ruling:
France has failed to fulfill its obligations.


legal issue:
Should the implied decision of rejection taken by the Commission with regard to the request by Mr. Mulders to have the decision appointing him accounting officer of the Commission supplemented by promoting him be annulled?


legal issue:
Should the decision of January 1969 appointing a person other than the applicant to the vacant post of Head of Division F/2, Work Safety, in the Directorate-General for Social Affairs, be annulled?


legal issue:
Can Reg 3 apply as against a widow who is in receipt of an old-age pension obtained by virtue of her having worked in one State and who claims in another State (of residence) the survivors pension of her husband there?

AG position on issue:
The regulation cannot apply against such a worker.

ECJ ruling:
Suspension of such a benefit only applies to insured persons if they are in receipt of benefits which they acquired through the application of the said regulation (Art II of Reg 3).


legal issue:
Should Decision 14/66 of the High Authority of 7/20/66, concerning the authorization of special rates and conditions introduced by the Deutsche Bundesbahn and applicable to the carriage of coal and steel, be annulled?


legal issue:
Should two decisions of the High Authority of the European Coal and Steel Community fixing the amount of coal the applicant could consume and demanding a sum from it be annulled?


legal issue:
Is a charge representing the consideration for a given service rendered by public authorities a tax within the meaning of Art 12 of the PPIC annexed to the EEC Treaty even if that charge is calculated on the salary paid to the liable person?

AG position on issue:
Such a charge is not a tax under this Article.

ECJ ruling:
Such a charge is not a tax under this Article.


legal issue:
Are the existence of the rights granted by a Member State to the holder of a patent affected by the prohibitions contained in Articles 85(1) and 86 of the Treaty?

AG position on issue:
These rights are not prohibited by the Articles in question.

ECJ ruling:
These rights are not prohibited by the Articles in question.


legal issue:
Is the answer to question 1 different if the price at which the patent holders offers the product in the first Member State is higher than the price asked of the consumer in that territory for the same product when it is from the second state?

AG position on issue:
The rights are still not prohibited in this situation.

ECJ ruling:
The rights are still not prohibited in this situation.


legal issue:
Is Regulation 144/65/EEC of the Commission of 10/18/65 introducing a countervailing charge on imports of outdoor table grapes from Bulgaria and Romania valid?


legal issue:
Should Articles 2 and 3 and Annexes A and B of Council Regulation 128/67 fixing derived intervention prices for common wheat at the Bologna and Ancona marketing centres be annulled?


legal issue:
Should Vacancy Notice 15/67 and Notice of Open Cometition 36 for the recruitment to Grade A4 of a principal administrator to the Secretariat General of the Council be annulled?


legal issue:
Do taxes imposed on the importation of products originating in third countries constitute a charge having an effect equivalent to a customs duty within the meaning of Article 12(2) of Reg 13/64 when part of a national turnover tax?

AG position on issue:
Such a tax does not constitute a charge having an effect equivalent to a customs duty.

ECJ ruling:
Such a tax does not constitute a charge having an effect equivalent to a customs duty.


legal issue:
Does the first paragraph of Article 97 of the EEC Treaty produce direct effects which the national courts must protect?

AG position on issue:
The article does not create direct effect.

ECJ ruling:
The article does not create direct effect.


legal issue:
How is the expression "average rates" appearing in Article 97 of the EEC Treaty to be interpreted?

AG position on issue:
Rates are average if they are established as such by the States in question, without prejudice to the operation of the second paragraph of that article.

ECJ ruling:
Rates are average if they are established as such by the States in question, without prejudice to the operation of the second paragraph of that article.


legal issue:
What is to be understood by internal taxation imposed indirectly on similar domestic products?

AG position on issue:
This refers to all taxation which is actually and specifically imposed on the domestic product at all earlier stages of its manufacture or which corresponds to the stage at which the product is imported.

ECJ ruling:
This refers to all taxation which is actually and specifically imposed on the domestic product at all earlier stages of its manufacture or which corresponds to the stage at which the product is imported.


legal issue:
Should the Decisions 30/53 and 1/54 of the High Authority be annulled?


legal issue:
Should various decisions by the Director and Deputy Director of the Research Centre at Ispra concerning the applicant be annulled?


legal issue:
Should the implied decision refusing a request made by H. Danvin on 1/12/66 for a differential allowance be annulled?


legal issue:
Should the decision taken by the Commission of the EAEC at its meeting of 7/4/67 removing August Van Eick from his post be annulled?


legal issue:
Should the decision of the Disciplinary Board on 6/23/67 be annulled?


legal issue:
Should the defendant pay the applicant the sums mentioned in Art 62 of the former General Regulations of the ECSC and Art 12 of Annex VIII of 1/1/62?


legal issue:
Does the concept of "engine failure" referred to in Article 6(3) of Reg 136/64/EEC include failures which occur in machinery intended for the production dairy?

AG position on issue:
Engine failure does not refer to such machinery.

ECJ ruling:
Engine failure does not refer to such machinery.


legal issue:
Do courts of Member States have power to recognize as cases of force majeure circumstances other than those set out in Article 6(3) of the regulation?

AG position on issue:
Courts do have the power to recognize such cases as force majeure.

ECJ ruling:
Courts do have the power to recognize such cases as force majeure.


legal issue:
Does Article 6(2) of the regulation require the existence of a direct causal connexion between the circumstance invoked as a case of force majeure and the failure to effect the importation?

AG position on issue:
Force majeure exists when the importation is rendered materially impossible or becomes subject to such difficulties that the holder of the licence incurs expenses it cannot bear, by circumstances outside their control.

ECJ ruling:
Force majeure exists when the importation is rendered materially impossible or becomes subject to such difficulties that the holder of the licence incurs expenses it cannot bear, by circumstances outside their control.


legal issue:
Should paragraph 3 of Article 9 of Reg 1009/67/EEC of the Council of 12/18/67, which provides that an intervention system shall only apply to raw beet sugar until the end of 1969, be annulled (is this admissible)?


legal issue:
Has Italy failed to fulfill its obligations by continuing to levy after 1/1/62 the progressive tax laid down on the export to other Member States articles of historic, artistic, or ethnographical interest?


legal issue:
Do the provisions of Article 30 and 31 also produce direct effects on the relationship between a Member State and its nationals?

AG position on issue:
Article 31 produces direct effect in this manner.

ECJ ruling:
Article 31 produces direct effect in this manner.


legal issue:
If question 1 is answered yes, what is the nature of this legal protection thus granted to the subjective position of an individual as regards the State?

AG position on issue:
The national courts must protect individual rights and the State has no discretion to oppose these rights.

ECJ ruling:
National courts must protect the rights conferred by the articles mentioned above, but the legal system of each State must determine which court has jurisdiction, and classify those rights according to national law.


legal issue:
Does a tax imposed on the importation of products originating in third countries constitute a charge having an effect equivalent to a customs duty within the meaning of of Art 20 of Reg 19 under a national turnover tax system?


legal issue:
Does the first paragraph of Article 97 create individual rights which national courts must protect?

AG position on issue:
The first paragraph of Article 97 does not create individual rights which national courts must protect.

ECJ ruling:
The first paragraph of Article 97 does not create individual rights which national courts must protect.


legal issue:
In states which have exercised the power made available to them by Article 97, when are rates considered "average rates"?

AG position on issue:
Rates are average if they are established as such by the states without prejudice to the operation of the second paragraph of Article 97.

ECJ ruling:
Rates are average if they are established as such by the states without prejudice to the operation of the second paragraph of Article 97.


legal issue:
Does a tax which is levied within the framework of turnover tax legislation and is designed to place all categories of products both domestic and imported in a comparable tax situation constitute internal taxation per Art 95?

AG position on issue:
Such a tax does constitute internal taxation per Article 95.

ECJ ruling:
Such a tax does constitute internal taxation per Article 95.


legal issue:
Does Article 95 prohibit States from imposing internal taxation on imported goods from other States when there is no similar domestic product capable of being protected?

AG position on issue:
Article 95 does not prohibit States from imposing such an internal taxation.

ECJ ruling:
Article 95 does not prohibit States from imposing such an internal taxation.


legal issue:
Are periods of contribution to craftsmens insurance completed in Italy insurance periods within the meaning of Reg 3 concerning social security for migrant workers?

AG position on issue:
The periods in question are insurance periods within the meaning of Regulation 3.

ECJ ruling:
The periods in question are insurance periods within the meaning of Regulation 3.


legal issue:
Which acts are immune from legal proceedings laid down by the Protocol on the Privileges and Immunities of the EAEC?

AG position on issue:
The immuity applies exclusively to official acts which represent a participation of the person claiming immunity in the performance of the tasks of the institution in which he belongs.

ECJ ruling:
The immuity applies exclusively to acts which represent a participation of the person claiming immunity in the performance of the tasks of the institution in which he belongs.


legal issue:
Should the decisions of 11/13 and 10/5/64, fixing and amending the tonnage of assessable ferrous scrap and the debt of the applicant under the equalization scheme be annulled?


legal issue:
Should the decisions of the High Authority charging the applicants with payment for the imported ferrous scrap equalization scheme be annulled?


legal issue:
Should the decisions of the Commission on 1/20 and 21 of 1965 regarding the continuance and suspension of fresh disciplinary proceddings and on claims for compensation for an alleged wrongful act affecting the applicant?


legal issue:
Should the decision of 12/14/65 be annulled?

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


legal issue:
Should the decision of the High Authority of 7/20/66 requiring the applicant to pay a contribution to the equalization scheme?


legal issue:
Should Art 2(4) of Annex VII to the Staff Regulations of Officials of the European Economic Community and of the EAEC be implemented?


legal issue:
Should the decision not to integrate the applicant and to terminate his service be annulled?


legal issue:
Should the defendant pay damages for the insufficient period of notice of dismissal?

ECJ ruling:
The defendant is ordered to pay damages.


legal issue:
Are the courts of Member States having jurisdiction in social security matters included amongst the authorities within the meaning of Art 45 of Regulation 3?


legal issue:
Does Article 28 of Reg 3 require the simultaneous payment of a pension payable in one Member State without recourse to Article 27 and of another pension not yet payable in another Member State?

AG position on issue:
The simultaneous payment of a pension is not required.

ECJ ruling:
The simultaneous payment of a pension is not required.


legal issue:
Should the appointment made following internal competition HA/INT/15/A on 2/25/66 be annulled?


legal issue:
Should the decision of the President of the High Authority on 3/3/67 refusing the applicants request for reports made on him in accordance with Article 43 be reversed?


legal issue:
In order to see if Article 85 prohibits a contract, is it necessary to take into account the economic context, or should this be considered in isolation?

AG position on issue:
The economic context must be taken into account when determining whether Article 85 prohibits a contract.

ECJ ruling:
The economic context must be taken into account when determining whether Article 85 prohibits a contract.


legal issue:
Under Reg 3, does an insured person have the right to choose between the application of the provisions of Article 27 and 28 and that of the legislative systems of the States under which he has completed insurance periods?

AG position on issue:
Such an insured person does not have the right to choose in this situation.

ECJ ruling:
Such an insured person does not have the right to choose in this situation.


legal issue:
Do Council Regulation 22 of 4/4/62 and Commission Regulations 135/62 and 109/62 conflict with Community law?

AG position on issue:
The regulations in question do not conflict with community law.

ECJ ruling:
The regulations in question do not conflict with community law.


legal issue:
When applying Reg 3, should the denominator of the fraction used in pro rata calculations be determined by reference to the same unit of time in every country in which the insured person has completed insurance periods?

AG position on issue:
It is necessary to convert these units into the smallest of the units of time adopted by the States concerned when this smallest unit is a fraction of the other.

ECJ ruling:
It is necessary to convert these units into the smallest of the units of time adopted by the States concerned when this smallest unit is a fraction of the other.


legal issue:
Is a migrant worker whose rights to old-age pension have been calculated by the legislation of two States, but to whom payment of a part of it is suspended by one State, entitled to the same pension from the other State?

AG position on issue:
Such a migrant worker is entitled to this fraction of the pension.

ECJ ruling:
Such a migrant worker is entitled to this fraction of the pension.


legal issue:
Does Art 28 of Reg 3 concerning migrant workers require German institutions to take into account a period completed under the legislation of another State in determining whether substitute periods are taken into account?

AG position on issue:
Article 28 does not require German institutions to take that period into account.

ECJ ruling:
Article 28 does not require German institutions to take that period into account.


legal issue:
Should the decision of the High Authority of the ECSC on 11/13/64, concerning the financial obligations of the applicant under the equalization of ferrous scheme, be annulled?


legal issue:
Should the 5/14/65 decision on the taxation of imported powdered milk be annulled?


legal issue:
Should the decisions of 4/7/65 fixing the tonnage and amount payable for the applicant in the equalization scheme for imported scrap?


legal issue:
Should the decision of 5/19/65, concerning the applicants pecuniary obligations within the framework of the ferrous scrap equalization scheme, be annulled?


legal issue:
Should the decisions of 5/19/65 addressed to the applicant and fixing the quantity of scrap assessable and the amount of equalization contribution payable be annulled?


legal issue:
Should the ECSC pay reparations to the applicant to make good the injury caused by the wrongful act on the part of the Community in operating the ferrous scrap equalization scheme be annulled?

AG position on issue:
The ECSC should pay reparations to the applicant.

ECJ ruling:
The ECSC is ordered to pay reparations to the applicant.


legal issue:
Should the two decisions of the High Authority on 5/19/65, fixing the quantity of scrap assessable and the amount payable by the applicant, be annulled?


legal issue:
Should the Commissions directives of 6/16/65 and 7/28/65 on abolition of German charges on imported sheep and agricultural products be annulled?


legal issue:
Should the decision of 6/21/65 in which the defendant contests the applicants right to deduct from the equalization contribution 13 831 metric tons of iron scrap be annulled and damages rewarded?


legal issue:
Does the first paragraph of Article 95 of the EEC Treaty have direct effect, creating individual rights fo which the national courts must take account?

AG position on issue:
Article 95 does have direct effect with regard to new taxation.

ECJ ruling:
Article 95 does have direct effect with regard to new taxation.


legal issue:
Should the two decisions of the High Authority on 11/13/64 relating to the payment of the contributions to the equalization of ferrous scrap scheme be annulled?


legal issue:
Should the salary of the applicant be higher based on the judgment of the First Chamber of the Court on 6/8/65 in Case 110/63?


legal issue:
Should the decision of the Commission on 9/23/64 under Article 85 of the Treaty be annulled?


legal issue:
Should Council Regulations 19/65 and 17/62 and Commission Regulation 153/62 be annulled?


legal issue:
Is the provision in Annex G(III)(b) of Reg 3 only applicable when ascertaining the amount of benefit payable under the Netherlands legislation, or is it also applicable in deciding whether there exists a right to the benefit?

AG position on issue:
The provisions are also applicable in deciding whether there is a right to such a benefit.

ECJ ruling:
The provisions are also applicable in deciding whether there is a right to such a benefit.


legal issue:
Should the decision of the President of the European Parliament on 11/13/65, retiring the applicant, be annulled?


legal issue:
Should the implied decision of refusal to classify the applicant in Grade A 3 be annulled?


legal issue:
Should the decisions of 10/7/64 and 2/3/65 relating to the applicants position be annulled?


legal issue:
Should the decisions of 10/7/64 and 2/3/65 dealing with job promotions for 1964 be annulled?


legal issue:
Should the EAEC decision of 3/3/65, dismissing the complaint made by the applicant, be annulled?


legal issue:
Should the Commissions refusal of 9/22/65 to comply with the applicants request of 6/8/65 for classification in Grade A 3, Step 2, be annulled?


legal issue:
Should the appointment of Mr. Petrucco as administrator in the Personnel Department of the Karlsruhe establishment of the Joint Research Centre to the detriment of the applicant be annulled?


legal issue:
What must be understood by "average rate" within the meaning of Article 97 of the EEC Treaty?

AG position on issue:
An average rate is a rate of tax clearly established my the Member State whose national laws set the conditions of.

ECJ ruling:
An average rate is a rate of tax clearly established my the Member State whose national laws set the conditions of.


legal issue:
May a rate of tax introduced before the entry into force of the EEC Treaty constitute an average rate within the meaning of Article 97?

AG position on issue:
A rate of tax introduced before the entry into force of the EEC Treaty may constitute an average rate within the meaning of Article 97.

ECJ ruling:
A rate of tax introduced before the entry into force of the EEC Treaty may constitute an average rate within the meaning of Article 97.


legal issue:
What must be understood as "groups of products" under Article 97 of the EEC Treaty?

AG position on issue:
Groups of products may be formed only from amongst those which are comparable and bear similar charges.

ECJ ruling:
Groups of products may be formed only from amongst those which are comparable and bear similar charges.


legal issue:
Can Articles 27 and 28 of Regulation 3 deprive a worker of the rights acquired by him in a State?

AG position on issue:
The regulation does not deprive a worker of such rights under Article 51.

ECJ ruling:
The regulation does not deprive a worker of such rights under Article 51.


legal issue:
Is Article 28(1b) of Reg 3 of the Council applicable even in caases where its application whould not lead to his right to benefit in Article 27(1) of the regulation?

AG position on issue:
The Article is not applicable unless the same contribution period is used at the same time to determine the amount of other pensions in other Member States.

ECJ ruling:
The Article is not applicable unless the same contribution period is used at the same time to determine the amount of other pensions in other Member States.


legal issue:
Should the applicant receive damages due to the Commissions decision that harmed its business practice in importing maize?

AG position on issue:
More evidence is needed from the applicant.

ECJ ruling:
More evidence is needed from the applicant.


legal issue:
Does Article 97, applicable where States levying a turnover tax calculated on a cumulative multi-stage tax system in fact exercise the option which it gives to them, create rights which national courts must protect?


legal issue:
What is the meaning of direct taxation of domestic products within Article 95?

AG position on issue:
Direct taxation on domestic products means taxation imposed at a fixed rate by law.

ECJ ruling:
Direct taxation on domestic products means taxation imposed at a fixed rate by law.


legal issue:
Does Article 95 of the Treaty restrict the powers of the competent national courts to apply procedures which are appropriate for the purpose of protecting the individual rights conferred by Community law?

AG position on issue:
There is no need to answer this question.

ECJ ruling:
Article 95 does not restrict the power of the courts in such a way.


legal issue:
Must any set of rules which creates and regulates a special security scheme be considered as "legislation" within the meaning of Regulation 3?

AG position on issue:
Any set of rules which creates and regulates a special security scheme must be considered as "legislation" within the meaning of Regulation 3.

ECJ ruling:
Any set of rules which creates and regulates a special security scheme must be considered as "legislation" within the meaning of Regulation 3.


legal issue:
Is the applicant entitled to the sickness benefits refered to in Article 22 of Regulation 3, regardless of conditions of residence?

AG position on issue:
The applicant does have the right to such benefits.

ECJ ruling:
The applicant does have the right to such benefits.


legal issue:
Is a worker employed in one State but residing in another who is conveyed at his employers expense between his place of residence and employment subject to the legislation of the former State under Art 12 of Reg 3?

AG position on issue:
Such a worker is subject to the legislation of the former State under Art 12 of Reg 3.

ECJ ruling:
Such a worker is subject to the legislation of the former State under Art 12 of Reg 3.


legal issue:
Does Art 12 of Reg 3 prohibit a State other than that in whose territory a worker is employed from applying its social security legislation to such a worker where this would lead to an increase in charges without protection?

AG position on issue:
The Article does prevent such a Member State from applying its social security legislation to such a worker.

ECJ ruling:
The Article does prevent such a Member State from applying its social security legislation to such a worker.


legal issue:
Are decisions taken by the Administrative Commission in pursuance of Article 43(a) of Reg 3 binding on national courts or tribunals?

AG position on issue:
Such decisions are not binding on national courts.

ECJ ruling:
Such decisions are not binding on national courts.


legal issue:
Does Article 13(a) of Reg 3 apply to a worker who is engaged soley for employment in a State other than that in which the establishment he normally works in is situated, insofar as the employment does not exceed 12 months?

AG position on issue:
Article 13(a) of Regulation 3 does apply to such a worker.

ECJ ruling:
Article 13(a) of Regulation 3 does apply to such a worker.


legal issue:
What does the expression "the probable duration of their employment", used in Article 13(a), refer to?

AG position on issue:
The expression refers to the duration of the employment of each individual worker.

ECJ ruling:
The expression refers to the duration of the employment of each individual worker.


legal issue:
Should the defendant pay the applicant damages for harm due to a decision by the Commission?

AG position on issue:
The defendant is liable and should pay damages to the applicant.

ECJ ruling:
More evidence is needed from the applicants.


legal issue:
Should the operation of the decision of the EAEC of 7/18/66 appointing the applicant to the post of reviser in Grade L/A5 in the Language Service of the Commission be suspended?

ECJ ruling:
The operation of the decision in question should be suspended until judgment be given in the main action.


legal issue:
Should the decision of the High Authority on 12/15/65 fixing the tonnage of the levy of the applicant and requiring the applicant to pay for delay in payment?


legal issue:
Should the decision of the High Authority on 7/21/65 ordering the applicant to pay a fine for infringment of the obligation to publish price lists laid down in Article 60 be annulled?


legal issue:
Should the Court authorized the applicant to make a visit of inspection for the purpose of checking the materials used for the ocnstruction of the club house and sports centre at the Ispra Research Centre?

ECJ ruling:
The appliacnt is authorized to conduct the inspection.


legal issue:
Should the decision of the Commission to authorize Germany to undertake ceratin protective measures in the agricultural sector be suspended?


legal issue:
Does the concept of charge having equivalent effect in Art 9 and 12 of the EEC Treaty include pecuniary charges other than customs duties in the strict sense?

AG position on issue:
A charge having equivalent effect is characterized by its effect on the free movement of goods within the Common Market.

ECJ ruling:
The concept includes any pecuniary charge imposed on goods circulating within the Community by reason of the fact that they cross a frontier.


legal issue:
Are charges other than customs duties in the strict sense which were applied by MS before introduction of the CCT on goods imported from third countries incompatible with the requirements concerning gradual alignment of national customs tariffs?

AG position on issue:
The articles referred to are statements of intent or principle.

ECJ ruling:
Such charges are not incompatible with the requirements.


legal issue:
Should the decision taken by the Commission on 18 Dec 1968 be annulled?

AG position on issue:
It is necessary to dismiss the application of the French Government.

ECJ ruling:
The application of the French Government [defendant in the main action] is dismissed.


legal issue:
What is the nature of the effects of Art 95 on the responsibilities of national courts.

AG position on issue:
The question should be answered in the affirmative.

ECJ ruling:
The Art produces direct effects and creates individual rights which national courts must protect.


legal issue:
What is meant by the phrase 'internal taxation imposed directly or indirectly on similar domestic products' in Art 95?

AG position on issue:
There must be taken into consideration the turnover tax imposed on the basic products of primary products.

ECJ ruling:
The term refers to all taxation which is actually an specfically imposed on the domestic prodcut at all earlier stages of its manufacture and marketing or which corresponds to  the stage at which the product is imported from other MS.


legal issue:
What is the effect of the first paragraph of Art 97 as regards the creation of individual rights?

AG position on issue:
The article does not have direct effect.

ECJ ruling:
The Art does not create individual rights which national courts must protect.


legal issue:
Are rates to be considered as 'average rates' under Art 97 if they are established as such by the States in question, without prejudice to the operation of the second paragraph of that article?


legal issue:
Do Art 95 and 30 prohibit a MS from imposing internal taxation on products imported from other MS where there is no similar domestic products?

AG position on issue:
If no similar product exists than Ar 95 does not apply.


legal issue:
Does the Second paragraph of Art 95 have direct effect.


legal issue:
Under what conditions are products to be considered similar under the first paragraph of Art 95?

AG position on issue:
The essential factor is whether they are capable of identical use owing to their nature.

ECJ ruling:
When the products in question are normally to be considered as coming within the same fiscal, customs or statistical classification.


legal issue:
Should the application of the copmany Acciaierie e Ferriere di Roma (Ferma) be dismissed?

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


legal issue:
Should the application for revision of Court's decision in Case 28/64 be granted?

ECJ ruling:
The application for revision is inadmissible.


legal issue:
Are Art 27 and 28 of Reg No 3 contrary to the EEC Treaty?

AG position on issue:
They are not contrary to the EEC treaty when interpreted in the manner set out by the Court.

ECJ ruling:
They are not contrary to the EEC treaty when interpreted in the manner set out by the Court.


legal issue:
What action should be taken as regards Applications 17, 18, 20, 22-24/66?

AG position on issue:
The liability of the EEC should be recognized in principle.


legal issue:
Does the application to a migrant worker of the provisions of Art 27 of Reg 3 depend on the free choice fo the preson concerned?

AG position on issue:
Reg No 3 does not confer upon insured persons who apply for an OAP the right to make an election between the application of the Reg and that of the relevant provisions of national law.

ECJ ruling:
No, it depends on the person's objective situation.


legal issue:
Do Art 27 and 28 of Reg 3 apply to a person who does not have to resort to aggregation in any of the MS in which he has completed insurance periods to aquire the right to benefit?

AG position on issue:
The application of Art 28 of Reg 3 is excluded in this case.

ECJ ruling:
In those systems based on insurance periods, the Art do not apply to such a migrant worker.


legal issue:
Do the Regulations under consideration imply that there is an obligation to determine simultanesously and on the basis fo the same reference date an OAP acquired in one MS under Art 27 and another which has not yet been acquired in another?

AG position on issue:
Simultaneous determination of rights to benefit is innecessary.


legal issue:
Does claiming a pension from a SS institution of one MS imply a waiver of the rights of election which the legislative systems of another MS grant to the workers concerned?

AG position on issue:
The question must be answered in the negative

ECJ ruling:
No. The national SSA are competent to decide when such election must be made.


legal issue:
Do Arts 27 and 28 of Reg 3 apply to a migrant worker who does not have to resort to aggregation in any of the MS in which he has compelted insurance periods?

AG position on issue:
When application is made of the method of calculation provided for in Art 28 of Reg 3 it is necessary to use the same nubmer of years in the calculaiton of the maount for accounting purposes as in the pro rata calculation.


legal issue:
Must Art 6(3) AND (4) of Reg No 22 be interpreted as meanig that the power to fix an additional elvy belongs solely to the importing MS to the exclusion of Community institutions?

AG position on issue:
The fixing of a general additional amountby the Community institutions is lawful.

ECJ ruling:
The Arts of Reg 22 authorize the importing MS to fix the amount additional to the levy, subject to measure to be taken jointly withint the framework of the procedure laid down in Art 17.


legal issue:
Does the Treaty confer on on institutoins of the Community the right to establish systems of levy directly applicable in the MS?

AG position on issue:
The Commission was competent to take such an action.

ECJ ruling:
The Treaty establishing the EEC conferred on the institutions of the Community the right to establish systems of levy directly applicable in the MS.


legal issue:
Do agreemetns containing the clause 'granting an exlusive right of sale' by their nature contain elements that are incompatible with the Common Market as set out in the Treaty?

AG position on issue:
They are not of their nature in violation unless they have as their object the prevention, restriction or distortion of competition within the Community.

ECJ ruling:
They are not of their nature in violation unless they have as their object the prevention, restriction or distortion of competition within the Community.


legal issue:
What is the extent of the application of the absolute nullity imposed by Art 85(2)?

AG position on issue:
It applies to al provisions of the contract which are incompatible with Art 85(1).

ECJ ruling:
It applies to al provisions of the contract which are incompatible with Art 85(1).


legal issue:
Are the applicants in case s31/63, 39/63, 40/63, 41/63, 42/63, 44-46/63 and 51/63 entitled to compensation?

AG position on issue:
They are entitled to nothing either because they had not concluded any contracts or omission was found to have occurred.

ECJ ruling:
The applications of these parties are dismissed.


legal issue:
What is covered by the heading 'Netherlands' in Annex B to Reg No 3?

AG position on issue:
The Annex implies that the intention of the draftsman was that it should apply to a type of scheme which is at least analogous, because the sickness insurance scheme for mineworkers is of the same type as the one establish for non-manual workers.

ECJ ruling:
The Heading 'Netherlands' in the Reg covers both the genreal and the special social security schemes providing for insurance against sickness.


ECJ ruling:
Declares that the application is admissible.


ECJ ruling:
Dismisses the claim for damages as unfounded.


legal issue:
Whether the validity of Reg No 135/62 is affected by the provision laying down that it shall enter into force on the day of its publication in the official journal of the European Communities?

AG position on issue:
The validity of Reg No 135/62 of the commission is not affected.

ECJ ruling:
The validity of Reg No 135/62 of the commission is not affected by the provisions of Article 2 thereof which lays down that it shall enter into force immediately.


legal issue:
Is the application for the annulment of the decision of 30 May 1968 admissible?

AG position on issue:
Declare that the claim for the annulment of the decision of 30 May 1968 is inadmissible.

ECJ ruling:
Dismisses the application as inadmissible to the extent which it seeks the annulment of the Decision of 30 May 1968.


legal issue:
Is the remainder of the application concerning the applicant's claim for salary/benefits and damages admissible?

AG position on issue:
In these circumstances there are no grounds for an award of damages which is the subject of an alternative claim by the applicant.

ECJ ruling:
Declares that it is unnecessary to decide upon the remainder of the claim.


legal issue:
Are the remainder of the applicant's conclusions admissible?

AG position on issue:
The Commission should be ordered to make good the non-material damage suffered by the applicant by the suitable publication of the judgement to the chamber.

ECJ ruling:
Dismisses the applicant's remaining conclusions.


legal issue:
Has Italy failed to fulfill its obligations under Art 189 of the EEC Treaty (and others) by levying on imports from other MS the charge provided for by Art 42 of the decree no 723 on goods subject to the regulations of the council?

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


legal issue:
Does the Treaty restrict the freedom of MSs to fix rates of taxation which remain within the general framework of the national system of internal taxation of which the tax in question forms part?

ECJ ruling:
In the cases referred to in para 1 above, the Treaty does not have the effect of restricting the freedom of MSs to fix rates of taxation which remain within the general framework of the national system.


legal issue:
Is the remainder of the application admissible?

AG position on issue:
Dismisses the remainder of the application as unfounded.

ECJ ruling:
Dismisses the rest of applications 56/64 and 58/64 as unfounded.


legal issue:
Is the application for the repayment of damages resulting from the loss of income suffered by reason of his rejection admissible?

ECJ ruling:
Orders the defendant to pay to the applicant the some of 150,000 belgian francs by way of damages.


legal issue:
Does Article 32 produce direct effects on the relationships between a MS and those subject to its jurisdiction and create rights in favor of the latter, which national courts must protect?

AG position on issue:
The legal protection given to the subjective position of an individual confers on him individual rights which national courts must protect, and the State has no discretion to oopose the exercise of these rights.

ECJ ruling:
The first paragraph of Article 32 produces the same effects and creates the same rights.


# Observations

legal issue:
Does Community law prevent the application of prohibitions of cartels under national law to situations falling under Article 85 of the Treaty?

observer's position on legal issue:
Community law does not prevent application of prohibitions of cartels under national law to situations falling under Article 85 of the Treaty.


legal issue:
Does Article 7 of the EEC Treaty prohibit Member States from applying their laws on cartels differently on the grounds of the nationality of the parties concerned?

observer's position on legal issue:
Article 7 does prohibit Member States from applying laws differently based on nationality.


legal issue:
Does the expression "all taxes on salaries and emoluments paid by the Community" in Art 11b of the 4/18/51 Protocol on Privileges and Immunities of the ECSC include social security contributions levied by a State on an official?

observer's position on legal issue:
The expression does not include such social security statements.


legal issue:
Does Article 27 of Regulation 3 also apply to non-contributory social security schemes?

observer's position on legal issue:
This Article also applies to non-contributory social security schemes.


observer's position on legal issue:
This Article does not apply to non-contributory social security schemes.


legal issue:
Should the decision of 5/21/68 be annulled to the extent that it precludes the calculation of the applicants pecuniary rights, as a result of the termination of his service?


legal issue:
Is an exclusive dealing agreement, even with absolute territorial protection, having regard to the weak position of the persons concerned on the market in the products in question, prohibited by Article 85(1)?

observer's position on legal issue:
Such an exclusive dealing agreement does not escape the prohibition of Article 85.


legal issue:
Is a duly notified old agreement provisionally valid under Article 85

observer's position on legal issue:
Such an agreement is not provisionally valid.


legal issue:
Does the phrase "the performance of their duties" in the second paragraph of Art 188 of the EAEC Treaty include the use of servants of the Community of their private cars in the course of employment?

observer's position on legal issue:
The phrase does not include the use of private cars in the course of employment.


legal issue:
Do customs duties bound under GATT within Art 16 of Reg 160/66 mean that the additional duty on sugar under footnote a may be imposed on the sugar contained in the product?

observer's position on legal issue:
The additional duty on sugar may be imposed on the product.


legal issue:
Does Community law entitle a migrant worker who is a national of State A who had to interupt employment in State B for military service to have his period of service taken into account when calculating seniority in employment?

observer's position on legal issue:
Such a worker is entitled to have that period taken into account when calculating seniority.


observer's position on legal issue:
Such a worker is not entitled to have that period taken into account when calculating seniority.


legal issue:
Is the concept of migrant worker under Community law applicable to a wage earner who has both his place of work and place of residence in the Grand Duchy, but is involved in a traffic accident in Belgium that is not his fault?

observer's position on legal issue:
Article 52 of Reg 3 is applicable to such a worker.


legal issue:
Is Article 52 applicable when the person liable for payment of benefit does not institute proceedings before the foreign court but before his national court?

observer's position on legal issue:
Article 52 is applicable in proceedings before the national court.


legal issue:
May the provisions for a direct claim in favor of the person liable for payment of a benefit under Art 52 be invoked without its having been the subject of a previous Belgo-Lux agreement?

observer's position on legal issue:
This claim can be invoked even if not the subject of a bilateral agreement.


legal issue:
Is Article 4 of Decision 69/71/EEC invalid because it requires those benefiting from cheap butter to provide proper identification?


legal issue:
Should Decisions 1/22/66, 1/17/INON, and 1/73/67 granting aid from the EAGG Fund to companies be annulled?


observation source:
Societa per Azioni Zuccherificio Castiglionese


legal issue:
Can Reg 3 apply as against a widow who is in receipt of an old-age pension obtained by virtue of her having worked in one State and who claims in another State (of residence) the survivors pension of her husband there?

observer's position on legal issue:
The regulation can apply against such a worker.


legal issue:
Is a charge representing the consideration for a given service rendered by public authorities a tax within the meaning of Art 12 of the PPIC annexed to the EEC Treaty even if that charge is calculated on the salary paid to the liable person?

observer's position on legal issue:
Such a charge is not a tax under this Article.


legal issue:
Are the existence of the rights granted by a Member State to the holder of a patent affected by the prohibitions contained in Articles 85(1) and 86 of the Treaty?

observer's position on legal issue:
These rights are not prohibited by the Articles in question.


legal issue:
Is the answer to question 1 different if the price at which the patent holders offers the product in the first Member State is higher than the price asked of the consumer in that territory for the same product when it is from the second state?

observer's position on legal issue:
The rights are still not prohibited in this situation.


legal issue:
Is Regulation 144/65/EEC of the Commission of 10/18/65 introducing a countervailing charge on imports of outdoor table grapes from Bulgaria and Romania valid?


legal issue:
Do taxes imposed on the importation of products originating in third countries constitute a charge having an effect equivalent to a customs duty within the meaning of Article 12(2) of Reg 13/64 when part of a national turnover tax?

observer's position on legal issue:
Such a tax does not constitute a charge having an effect equivalent to a customs duty.


legal issue:
Does the first paragraph of Article 97 of the EEC Treaty produce direct effects which the national courts must protect?

observer's position on legal issue:
The article does not create direct effect.


legal issue:
How is the expression "average rates" appearing in Article 97 of the EEC Treaty to be interpreted?

observer's position on legal issue:
Rates are average if they are established as such by the States in question, without prejudice to the operation of the second paragraph of that article, based on a median value.


observer's position on legal issue:
Rates are average if they are established as such by the States in question, without prejudice to the operation of the second paragraph of that article.


legal issue:
What is to be understood by internal taxation imposed indirectly on similar domestic products?

observer's position on legal issue:
This refers to all taxation which is actually and specifically imposed on the domestic product at all earlier stages of its manufacture or which corresponds to the stage at which the product is imported.


legal issue:
Does the concept of "engine failure" referred to in Article 6(3) of Reg 136/64/EEC include failures which occur in machinery intended for the production dairy?

observer's position on legal issue:
Engine failure does not refer to such machinery.


legal issue:
Do courts of Member States have power to recognize as cases of force majeure circumstances other than those set out in Article 6(3) of the regulation?

observer's position on legal issue:
Courts do have the power to recognize such cases as force majeure.


legal issue:
Does Article 6(2) of the regulation require the existence of a direct causal connexion between the circumstance invoked as a case of force majeure and the failure to effect the importation?

observer's position on legal issue:
Force majeure exists when the importation is rendered materially impossible or becomes subject to such difficulties that the holder of the licence incurs expenses it cannot bear, by circumstances outside their control.


legal issue:
Do the provisions of Article 30 and 31 also produce direct effects on the relationship between a Member State and its nationals?

observer's position on legal issue:
Article 33 produces direct effect in this manner.


legal issue:
If question 1 is answered yes, what is the nature of this legal protection thus granted to the subjective position of an individual as regards the State?

observer's position on legal issue:
The national courts must protect individual rights and the State has no discretion to oppose these rights.


legal issue:
Does a tax imposed on the importation of products originating in third countries constitute a charge having an effect equivalent to a customs duty within the meaning of of Art 20 of Reg 19 under a national turnover tax system?


legal issue:
Does the first paragraph of Article 97 create individual rights which national courts must protect?

observer's position on legal issue:
The first paragraph of Article 97 does not create individual rights which national courts must protect.


legal issue:
In states which have exercised the power made available to them by Article 97, when are rates considered "average rates"?

observer's position on legal issue:
Rates are average if they are established as such by the states without prejudice to the operation of the second paragraph of Article 97.


legal issue:
Does a tax which is levied within the framework of turnover tax legislation and is designed to place all categories of products both domestic and imported in a comparable tax situation constitute internal taxation per Art 95?

observer's position on legal issue:
Such a tax does constitute internal taxation per Article 95.


legal issue:
Does Article 95 prohibit States from imposing internal taxation on imported goods from other States when there is no similar domestic product capable of being protected?

observer's position on legal issue:
Article 95 does not prohibit States from imposing such an internal taxation.


legal issue:
Are periods of contribution to craftsmens insurance completed in Italy insurance periods within the meaning of Reg 3 concerning social security for migrant workers?

observer's position on legal issue:
The periods in question are insurance periods within the meaning of Regulation 3.


legal issue:
Which acts are immune from legal proceedings laid down by the Protocol on the Privileges and Immunities of the EAEC?

observer's position on legal issue:
The immuity applies exclusively to acts which represent a participation of the person claiming immunity in the performance of the tasks of the institution in which he belongs.


legal issue:
Are the courts of Member States having jurisdiction in social security matters included amongst the authorities within the meaning of Art 45 of Regulation 3?


legal issue:
Does Article 28 of Reg 3 require the simultaneous payment of a pension payable in one Member State without recourse to Article 27 and of another pension not yet payable in another Member State?

observer's position on legal issue:
The simultaneous payment of a pension is not required.


legal issue:
In order to see if Article 85 prohibits a contract, is it necessary to take into account the economic context, or should this be considered in isolation?

observer's position on legal issue:
The economic context must be taken into account when determining whether Article 85 prohibits a contract.


legal issue:
Under Reg 3, does an insured person have the right to choose between the application of the provisions of Article 27 and 28 and that of the legislative systems of the States under which he has completed insurance periods?

observer's position on legal issue:
Such an insured person does not have the right to choose in this situation.


legal issue:
Do Council Regulation 22 of 4/4/62 and Commission Regulations 135/62 and 109/62 conflict with Community law?

observer's position on legal issue:
The regulations in question do not conflict with community law.


legal issue:
When applying Reg 3, should the denominator of the fraction used in pro rata calculations be determined by reference to the same unit of time in every country in which the insured person has completed insurance periods?

observer's position on legal issue:
The insurance period completed in Belgium should be converted in months and the deduction from that figure of the number of actual months insurance completed in Germany in that time.


legal issue:
Is a migrant worker whose rights to old-age pension have been calculated by the legislation of two States, but to whom payment of a part of it is suspended by one State, entitled to the same pension from the other State?

observer's position on legal issue:
Such a migrant worker is entitled to this fraction of the pension.


legal issue:
Does Art 28 of Reg 3 concerning migrant workers require German institutions to take into account a period completed under the legislation of another State in determining whether substitute periods are taken into account?

observer's position on legal issue:
Article 28 does require German institutions to take that period into account.


legal issue:
Does the first paragraph of Article 95 of the EEC Treaty have direct effect, creating individual rights fo which the national courts must take account?

observer's position on legal issue:
Article 95 does have direct effect with regard to new taxation.


observer's position on legal issue:
Article 95 does not have direct effect with regard to new taxation.


legal issue:
Should the decision of the Commission on 9/23/64 under Article 85 of the Treaty be annulled?


legal issue:
Is the provision in Annex G(III)(b) of Reg 3 only applicable when ascertaining the amount of benefit payable under the Netherlands legislation, or is it also applicable in deciding whether there exists a right to the benefit?

observer's position on legal issue:
The provisions are also applicable in deciding whether there is a right to such a benefit.


legal issue:
What must be understood by "average rate" within the meaning of Article 97 of the EEC Treaty?

observer's position on legal issue:
An average rate is a rate of tax clearly established my the Member State whose national laws set the conditions of.


legal issue:
May a rate of tax introduced before the entry into force of the EEC Treaty constitute an average rate within the meaning of Article 97?

observer's position on legal issue:
A rate of tax introduced before the entry into force of the EEC Treaty may constitute an average rate within the meaning of Article 97.


legal issue:
What must be understood as "groups of products" under Article 97 of the EEC Treaty?

observer's position on legal issue:
All products which a Member State grouped together when it established average rates constitute a groups of products.


observer's position on legal issue:
Groups of products may be formed only from amongst those which are comparable and bear similar charges.


legal issue:
Can Articles 27 and 28 of Regulation 3 deprive a worker of the rights acquired by him in a State?

observer's position on legal issue:
The regulation does not deprive a worker of such rights under Article 51.


legal issue:
Is Article 28(1b) of Reg 3 of the Council applicable even in caases where its application whould not lead to his right to benefit in Article 27(1) of the regulation?

observer's position on legal issue:
The Article is not applicable unless the same contribution period is used at the same time to determine the amount of other pensions in other Member States.


legal issue:
Does Article 97, applicable where States levying a turnover tax calculated on a cumulative multi-stage tax system in fact exercise the option which it gives to them, create rights which national courts must protect?


legal issue:
What is the meaning of direct taxation of domestic products within Article 95?

observer's position on legal issue:
Direct taxation on domestic products means taxation imposed at a fixed rate by law.


legal issue:
Does Article 95 of the Treaty restrict the powers of the competent national courts to apply procedures which are appropriate for the purpose of protecting the individual rights conferred by Community law?

observer's position on legal issue:
There is no need to answer the question.


legal issue:
Must any set of rules which creates and regulates a special security scheme be considered as "legislation" within the meaning of Regulation 3?

observer's position on legal issue:
Any set of rules which creates and regulates a special security scheme must be considered as "legislation" within the meaning of Regulation 3.


legal issue:
Is the applicant entitled to the sickness benefits refered to in Article 22 of Regulation 3, regardless of conditions of residence?

observer's position on legal issue:
The applicant does have the right to such benefits.


observer's position on legal issue:
There is no need to answer this question.


legal issue:
Is a worker employed in one State but residing in another who is conveyed at his employers expense between his place of residence and employment subject to the legislation of the former State under Art 12 of Reg 3?

observer's position on legal issue:
Such a worker is subject to the legislation of the former State under Art 12 of Reg 3.


legal issue:
Does Art 12 of Reg 3 prohibit a State other than that in whose territory a worker is employed from applying its social security legislation to such a worker where this would lead to an increase in charges without protection?

observer's position on legal issue:
The Court should not answer this question.


legal issue:
Are decisions taken by the Administrative Commission in pursuance of Article 43(a) of Reg 3 binding on national courts or tribunals?

observer's position on legal issue:
Such decisions are not binding on national courts.


legal issue:
Does Article 13(a) of Reg 3 apply to a worker who is engaged soley for employment in a State other than that in which the establishment he normally works in is situated, insofar as the employment does not exceed 12 months?

observer's position on legal issue:
Article 13(a) of Regulation 3 does apply to such a worker.


legal issue:
What does the expression "the probable duration of their employment", used in Article 13(a), refer to?

observer's position on legal issue:
The expression refers to the duration of the employment of each individual worker.


observer's position on legal issue:
Article 7 does not make such a prohibition.


legal issue:
Does the concept of charge having equivalent effect in Art 9 and 12 of the EEC Treaty include pecuniary charges other than customs duties in the strict sense?

observer's position on legal issue:
In order to determine whether a charge is to be regarded as having an equivalent effect, it is necessary to consider such effect in the light of the objective of the Treaty.


observer's position on legal issue:
The concept only includes charges which complement customs duties and which are only imnposed on goods coming from abroad to the exclusion of similar goods produced within the country.


legal issue:
Are charges other than customs duties in the strict sense which were applied by MS before introduction of the CCT on goods imported from third countries incompatible with the requirements concerning gradual alignment of national customs tariffs?

observer's position on legal issue:
Such charges are not incompatible with the requirements.


observer's position on legal issue:
Officials are fully liable for any accidents incurred while using their own car.


legal issue:
Are rates to be considered as 'average rates' under Art 97 if they are established as such by the States in question, without prejudice to the operation of the second paragraph of that article?

observer's position on legal issue:
It is for the legislatures to decide the groups into which products are to be formed in order to establish the average rates.


observer's position on legal issue:
Only the rates which were fixed on the basis of a comparison made in concreto with the turnover tax on domestic products constitute genuine average rates.


legal issue:
What is the effect of the first paragraph of Art 97 as regards the creation of individual rights?

observer's position on legal issue:
The question should be answered in the negative.


legal issue:
What is meant by the phrase 'internal taxation imposed directly or indirectly on similar domestic products' in Art 95?

observer's position on legal issue:
The term refers to all taxation which is actually an specfically imposed on the domestic prodcut at all earlier stages of its manufacture and marketing or which corresponds to  the stage at which the product is imported from other MS.


legal issue:
Under what conditions are products to be considered similar under the first paragraph of Art 95?

observer's position on legal issue:
The products must be identical or of the same type.


observer's position on legal issue:
The word similar has a wider meaning than equivalent.


legal issue:
Do Art 95 and 30 prohibit a MS from imposing internal taxation on products imported from other MS where there is no similar domestic products?

observer's position on legal issue:
The Article is not applicable to articles that are not competing with domestic goods.


observer's position on legal issue:
The Art is only applicable under the conidtions which it expressly describes.


observer's position on legal issue:
The question must be answered in the negative.


legal issue:
Do Art 27 and 28 of Reg 3 apply to a person who does not have to resort to aggregation in any of the MS in which he has completed insurance periods to aquire the right to benefit?


legal issue:
Does the application to a migrant worker of the provisions of Art 27 of Reg 3 depend on the free choice fo the preson concerned?


legal issue:
Do the Regulations under consideration imply that there is an obligation to determine simultanesously and on the basis fo the same reference date an OAP acquired in one MS under Art 27 and another which has not yet been acquired in another?


legal issue:
Does claiming a pension from a SS institution of one MS imply a waiver of the rights of election which the legislative systems of another MS grant to the workers concerned?


legal issue:
Do Arts 27 and 28 of Reg 3 apply to a migrant worker who does not have to resort to aggregation in any of the MS in which he has compelted insurance periods?

observer's position on legal issue:
The national does not have recourse to Art 28 of Reg 3.


legal issue:
Does the Treaty confer on on institutoins of the Community the right to establish systems of levy directly applicable in the MS?

observer's position on legal issue:
Community insitutions are competent to do so.


legal issue:
Must Art 6(3) AND (4) of Reg No 22 be interpreted as meanig that the power to fix an additional elvy belongs solely to the importing MS to the exclusion of Community institutions?


legal issue:
Do agreemetns containing the clause 'granting an exlusive right of sale' by their nature contain elements that are incompatible with the Common Market as set out in the Treaty?

observer's position on legal issue:
They are not of their nature in violation unless they have as their object the prevention, restriction or distortion of competition within the Community.


legal issue:
What is the extent of the application of the absolute nullity imposed by Art 85(2)?

observer's position on legal issue:
In an agreement containtin a clause which is contrary to Art 85(1) of the EEC Treaty this clause is void but the validity of the other provisions of the agreement are to be determined in accordance with the rules of the national law applicable to the part


legal issue:
What is covered by the heading 'Netherlands' in Annex B to Reg No 3?

observer's position on legal issue:
The reply to this question should be in the affirmative.


legal issue:
Whether the validity of Reg No 135/62 is affected by the provision laying down that it shall enter into force on the day of its publication in the official journal of the European Communities?

observer's position on legal issue:
The validity of Reg No 135/62 of the commission is not affected.


legal issue:
Does Article 32 produce direct effects on the relationships between a MS and those subject to its jurisdiction and create rights in favor of the latter, which national courts must protect?

observer's position on legal issue:
These provisions cannot be used to deny the direct effect of the rule to which they make exceptions.


# Referral

referring court:
Cour superieure de justice of the Grand Duchy of L


referring court:
Second Civil Chamber of the French Cour de Cassati


referring court:
Social Chamber of the Cour dAppel, Orleans


referring court:
Scheidsgerecht van het Beambtenfonds voor het Mijn


