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External sources (not reviewed)

The applicants in these proceedings contest the defendant's decision not to award them specific merit or priority points in the course of the 2003 promotions procedure to take account of the modification of their classification in grade on recruitment and not to promote them to grade A 4 in the course of that procedure.

The European Union Action Plan on Drugs 2000-2004 provided for the Commission to organise an appropriate assessment of the Joint Action of 16 June 1997 concerning the information exchange, risk assessment and the control of new synthetic drugs (2 ) (herineafter ‘the Joint Action’) taking into account the external evaluation commissioned by the European Monitoring Centre on Drugs and Drug Addiction (hereinafter ‘the EMCDDA’) of the early warning system.

In the establishment of the existence of an excessive deficit based on the deficit criterion and the steps leading to it there is a need to take into account the whole range of relevant factors covered by the report under Article 126(3) of the Treaty if the government debt to gross domestic product does not exceed the reference value.

In determining the starting date of the limitation period of the action brought by the applicant cooperatives, the Court of First Instance failed wholly to take account of the fact that, from 1983, Regulation (EEC) No 2499/82 (1 ) had objectively caused damage to those cooperatives, concentrating instead on the latter's perception of that damage.

An adequate period should be allowed before the entry into force of this Regulation in order to allow Member States to make any adjustment which may be necessary to the authorisations to place the veterinary medicinal products concerned on the market which have been granted in accordance with Council Directive 81/ 851/EEC (3 ), as last amended by Commission Directive 2000/37/EC (4 ), to take account of the provisions of this Regulation.

In application of the present Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (4 ), as approved by Council Decision 1999/201/EC (5).

However, in order to prevent the unnecessarily unequal treatment of those collective investment undertakings of the corporate type not subject to harmonisation at Community level, Member States should take into account whether and to what extent these non-harmonised collective investment undertakings are subject to equivalent governance mechanisms.

It is also necessary to take into account Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (2 ), in order to define the recognised organisations for the purpose of this Regulation, and Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (3 ), for the purpose of establishing the scope of application of this Regulation as regards passenger ships engaged on domestic voyages.

Consequently, for the purposes of Article 30 and without prejudice to the application of the rules on competition, it is necessary to take into account the services offered by banks and other financial institutions when establishing whether Poste is or not directly exposed to competition when offering savings services.

In the establishment of the existence of an excessive deficit based on the deficit criterion and the steps leading to it there is a need to take into account the whole range of relevant factors covered by the report under Article 126(3) of the Treaty if the government debt to gross domestic product does not exceed the reference value. only if the deficit ratio is close to the reference value and the excess over the reference value is temporary.

Article 27 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, as amended by Council Regulation (EC) No 1992/2003 of 27 October 2003 must be interpreted as precluding account being taken not only of the day but also of the hour and minute of filing of an application for a Community trade mark with the Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) for the purposes of establishing that trade mark’s priority over a national trade mark filed on the same day, where, according to the national legislation governing the registration of national trade marks, the hour and minute of filing are relevant in that regard.

Continuous non-enforcement of debts by public authorities also constitutes State aid and must be taken into account (80 ).

There is broad agreement that no specific Community measures should be taken on media pluralism at this stage and that the protection of pluralism should be left to the Member States.

The European Parliament resolution of 20 November 2008 on the European space policy: how to bring space down to earth (6 ) stressed the need to find adequate EU instruments and funding schemes for the European Space Policy to supplement the allocations from the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (the Seventh Framework Programme), so as to allow the different economic actors to plan their actions in the medium and long term and emphasised that the next financial framework should take into account adequate EU instruments and funding schemes to allow long-term Union investment for space-related research and for the operation of sustainable space-based applications for the benefit of the Union and its citizens.

In order to ensure that goods subject to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (4 ) receive uniform treatment on import throughout the Community, it is necessary that, when laying down analytic methods and other technical provisions, account should be taken of the scientific and technological evolution of analytical methods.

Where the appeal is directed against a decision of an Opposition Division, the Board shall limit its examination of the appeal to facts and evidence presented within the time limits set in or specified by the Opposition Division in accordance with the Regulation and these Rules, unless the Board considers that additional or supplementary facts and evidence should be taken into account pursuant to Article 74(2) of the Regulation.

   Due consideration should be given to the data protection rules applying to the Community institutions set out in Article 286 of the Treaty and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(7) , as well as those applying to the Member States on the basis of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(8) .

K.   the European Council confirmed this analysis by taking the view, in its Declaration of 18 June 2005, that 'these results do not call into question citizens" attachment to the construction of Europe' but that 'citizens have nevertheless expressed concerns and worries which need to be taken into account'; the European Council therefore decided on a 'period of reflection ... to enable a broad debate to take place in each of our countries, involving citizens, civil society, social partners, national parliaments and political parties'; the heads of government agreed that in the first half of 2006 they would 'make an overall assessment of the national debates and agree on how to proceed

The Council further considered it necessary to clarify recital No 8 of the proposal (recital No 10 of the Position in first reading) to specify that the application of Regulations (EC) No 883/2004 and No 987/2009 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality is without prejudice to the right of the Member States to refuse, withdraw, or refuse to renew, a permit to enter, to stay, to reside or to work in the Member State concerned in accordance with Community law.

A.   whereas the goals of the Bologna Process – to enable compatible systems of higher education in Europe and to do away with the barriers which still prevent people from moving to another country in order to study or work and make higher education in Europe attractive to as many people as possible, including young people from third countries – are still valid and the continuation of the process, through a dialogue between the different levels of the educational system in order to develop curricula to be built on each preliminary level, is serving the goals of growth based on knowledge and innovation within the Europe 2020 strategy, particularly in the current economic crisis; whereas an assessment is needed in order to establish the evolution of the Process and to take account of the success stories, problems, lack of understanding and opposition encountered

Without looking to European production to meet our demand (something that would be impossible both now and in the future), the truth is that the future reform of the common fisheries policy (CFP) cannot neglect to consider the issue of imports and seek a better solution, whether by increasing European production (not only by increasing the size of catches, but also by investment in aquaculture), whether by requiring that the imported fish complies with the same standards as that caught or produced in the EU, or whether by giving the consumer sufficient information about the origin of the fish.

A.   whereas Articles 49 and 54 of the Treaty on the Functioning of the European Union guarantee freedom of establishment for all companies and firms; whereas cross-border company migration is one of the crucial elements in the completion of the internal market; whereas the lack of consistency in legislation on transfers and on procedures for transferring the registered office or real head office of an existing company or firm incorporated under national law from one Member State to another, within the single market, and the associated risks in terms of employment, as well as the administrative difficulties, the costs generated, the social implications and the lack of legal certainty should be noted

R.   whereas it is interesting to note that with the Organised Crime Threat Assessment (OCTA)(1) , published this year by Europol, Member States have at their disposal a dynamic analysis which will help them to set their strategic priorities, and that this first step should encourage the Council to continue working towards an appropriate structure for an area bringing together the still widely differing elements of the fight against crime, in particular by deepening the internal security architecture concept initiated by the Austrian Presidency and through the operational development of the interoperability principle; these two elements, combined using intelligence-led law enforcement, should help to develop new synergies and eradicate all "parasitic competition" between analytical and/or law enforcement agencies at the strategic, technical and operational levels