As regards official lists of approved economic operators, it is important to take into account Court of Justice case-law in cases where an economic operator belonging to a group claims the economic, financial or technical capabilities of other companies in the group in support of its application for registration.

More generally, according to the case law of the Court of Justice(14), many activities conducted by organisations performing largely social functions, which are not profit oriented and which are not meant to engage in industrial or commercial activity, will normally be excluded from the Community competition and internal market rules.

It is important to take into account Court of Justice case-law in cases where an economic operator claims the economic, financial or technical capabilities of other entities, whatever the legal nature of the link between itself and those entities, in order to meet the selection criteria or, in the context of qualification systems, in support of its application for qualification.

In any event, according to the case law of the Commission and the European Court of Justice (40) a statutory body entrusted with certain public functions and including some members appointed by the government of a Member State may be an 'association of undertakings` if it represents the trading interests of other members and takes decisions or makes agreements in pursuance of those interests.

Without prejudice to the case-law of the Court of Justice, it is also useful to set out the scope of the control that the national judicial authority may exercise when it authorises, as provided by national law and as a precautionary measure, assistance from law enforcement authorities in order to overcome possible opposition on the part of the undertaking against an inspection, including the affixing of seals, ordered by Commission decision.

When Articles 81 and 82 of the Treaty are applied in proceedings on the basis of Regulation (EC) No 1/2003 and in accordance with the case-law of the Court of Justice, air services agreements concluded between the Member States and/or the European Community on the one hand and third countries on the other hand should be duly considered, in particular for the purpose of assessing the degree of competition in the relevant air transport markets.

The problematization of the legislation that defined male homosexuality as a crime, during the early 1970s when sex between men was already decriminalized in many western countries, served as the point of departure for a wider debate on homosexuality. In the print media this issue was addressed on three occasions in 1974 and 1977 by the judge of the Supreme Court, Janez Šinkovec, and the psychiatrist Dr. Jože Lokar who spoke for the ITD newspaper.

13 Dr Andrej Berden wrote about this 20 years ago ('Pravica do popravka, javnega odgovora in sporočila javnosti'/'The Right of Correction, Public Reply and Notice to the Public', Pravnik, 1-3/77) and again last year ('Svoboda izražanja in zaščita posameznikov pred njeno zlorabo'/'Freedom of Expression and Protection of Individuals Against its Abuse', Pravna praksa, 15). The supplement of this issue included interesting articles by Simona Zatler ('Javna glasila: pravica do odgovora in popravka/'Mass Media: Right of Reply and Correction'') and Tone Frantar ('Zakon o javnih glasilih: sodna praksa Vrhovnega sodišča RS'/'Public Media Act: Judicial Practice of the Supreme Court of RS').

The Registar shall ensure that the case-law of the Court of First Instance is made public and that the Reports of Cases before the Court of First Instance are published in the languages referred to in Article 1 of Council Regulation No 1 and in accordance with any arrangements adopted by the Court of First Instance.

This conclusion is in line with the jurisprudence of the Court of Justice of the European Communities ( ).

The EEA Joint Committee shall keep under constant review the development of the case-law of the Court of Justice of the European Communities and the EFTA Court.

To that effect, the present notice is intended to preserve the guidance that can be drawn from past decisional practice and to take full account of past case-law of the Community Courts.

The purpose of this notice is to ensure compatibility between current administrative practice regarding access to the file and the case-law of the Court of Justice of the European Communities and the Court of First Instance, in particular the 'Soda-ash` cases (1).

The case-law also confirms the competence of the national courts to control the application of national rules governing the implementation of coercive measures.

On the basis of the case law of the Court, developments after the IP can only be taken into consideration if they make the imposition of countervailing measures manifestly unsuitable.

Take measures with a view to ensuring that the obligation for all judicial authorities to take into account the case-law of the European Court of Human Rights is respected.

Whereas it is necessary to extend the definition of 'member of the family' in Regulation (EEC) No 1408/71 to conform with the case law of the Court of Justice concerning the interpretation of that expression;

On the basis of the jurisprudence of the Court, developments after the IP can only be taken in consideration if they make the imposition of anti-dumping measures manifestly unsuitable.

The Contracting Parties, in order to achieve the objective of arriving at as uniform an application and interpretation as possible of the provisions referred to in Article 1, shall keep under constant review the development of the case-law of the Court of Justice of the European Communities, as well as the development of the case-law of the competent courts of Iceland and Norway relating to such provisions.

When applying the rules governing matters covered by this Agreement, such rules must be interpreted in accordance with the case-law of the Court of Justice of the European Communities.

The purpose of these guidelines is not to discuss the concept of State aid, which derives from Article 87(1) of the EC Treaty and from the case law of the Court of Justice and the Court of First Instance.

Rather, the product has to be defined in accordance with the applicable law, as embodied in the practice of the Commission and the Council and confirmed by the case-law of the European Court of Justice.

It results from the case-law that the national judicial authority may in particular ask of the Commission further information which it needs to carry out its control and in the absence of which it could refuse the authorisation.

If, within three months of being notified of a substantial divergence between the Court of Justice's case-law and that of Monaco's courts or between the Member States' authorities and Monaco's in their application of the provisions referred to in Article 1, the Joint Committee is unable to ensure uniform application or interpretation, the procedure provided for in Article 4 shall be initiated.

If the EEA Joint Committee within two months after a difference in the case-law of the two Courts has been brought before it, has not succeeded to preserve the homogeneous interpretation of the Agreement, the procedures laid down in Article 111 may be applied.

To ensure uniform application and interpretation of the provisions referred to in Article 1, taking particular account of the relevant case-law of the Court of Justice, Monaco's authorities may have recourse to their special administrative relationship with the French Republic.

when carrying out the procedure to determine the applicable sanction, the ECB must ensure the widest possible respect of the rights of defence of third parties, in accordance with the general principles of law and the case law of the Court of Justice of the European Communities on the matter, in particular existing case law concerning the inquiry powers of the European Commission in the field of competition;

according to the case-law of the Court of Justice, the principle of legal certainty, which is part of the Community legal order, requires that Community legislation must be clear and precise and its application foreseeable by individuals.

(26) If individual agreements exempted by this Regulation nevertheless have effects which are incompatible with Article 81(3) of the Treaty, as interpreted by the administrative practice of the Commission and the case-law of the Court of Justice, the Commission may withdraw the benefit of the block exemption.

(7) Articles 81 and 82, while applicable, according to the case-law of the Court of Justice, to certain concentrations, are not sufficient to control all operations which may prove to be incompatible with the system of undistorted competition envisaged in the Treaty.

According to the case-law of the Court of Justice, the proper authority has to give its consent to enable an official or other servant to assist actively in national legal proceedings, for instance to testify as a witness.

The guidance set out in this notice draws and elaborates on the Commission's evolving experience with the appraisal of horizontal mergers under Regulation No 4064/89 since its entry into force on 21 September 1990 as well as on the case-law of the Court of Justice and the Court of First Instance of the European Communities.

Whereas, for the purposes of this Regulation, and in accordance with the case-law of the Court of Justice, the Commission must be afforded the assistance of the Member States and must also be empowered to require information to be given and to carry out the necessary investigations in order to appraise concentrations;

Whereas, in accordance with the general principles of the Treaty enshrining equality of treatment and with the case-law of the Court of Justice on this matter, non-resident carriers should be allowed to carry out national transport operations under the same conditions as those imposed by the Member State concerned on its own carriers;

Whereas Articles 85 and 86, while applicable, according to the case-law of the Court of Justice, to certain concentrations, are not, however, sufficient to cover all operations which may prove to be incompatible with the system of undistorted competition envisaged in the Treaty;

Other exporting producers argued that the Commission's justification in the provisional duty Regulation that the required profit should ensure the Community industry's long-term viability was not valid according to the latest jurisprudence from the Court of First Instance on this issue.

Whereas it is also necessary to take account of the case law of the Court of Justice stating that certain benefits provided under national laws may fall simultaneously within the categories of both social security and social assistance because of the class of persons to whom such laws apply, their objectives and their manner of application;

Five years after the entry into force of this Agreement, and in the light of the relevant European Court of Justice case law, and the situation of the labour market, the Stabilisation and Association Council will examine whether to extend the above provisions to the establishment of nationals of both Parties to this Agreement to take up economic activities as self-employed persons.

To ensure fair treatment, conditions should be laid down to cover ineligible actions included in error by the producer organisation in an operational programme and approved by the Member State, whereby Member States should not be obliged to withhold aid payments or recover aid paid, in accordance with the jurisprudence of the Court of Justice.

(40) Without prejudice to the case-law of the Court of Justice, it is also useful to set out the scope of the control that the national judicial authority may exercise when it authorises, as provided by national law and as a precautionary measure, assistance from law enforcement authorities in order to overcome possible opposition on the part of the undertaking against an inspection, including the affixing of seals, ordered by Commission decision.

(4) When Articles 81 and 82 of the Treaty are applied in proceedings on the basis of Regulation (EC) No 1/2003 and in accordance with the case-law of the Court of Justice, air services agreements concluded between the Member States and/or the European Community on the one hand and third countries on the other hand should be duly considered, in particular for the purpose of assessing the degree of competition in the relevant air transport markets.

It follows from the case-law of the Court of Justice of the European Communities on the application of the principle of non-discrimination laid down in Article 12 of the Treaty, as shown in the judgment of 20 October 1993 in Joined Cases C-92/92 and C-326/92 Phil Collins and Others (4), that domestic provisions containing reciprocity clauses cannot be relied upon in order to deny nationals of other Member States rights conferred on national authors.

53 However, the Court subsequently limited that rule of case-law to cases in which a member of the worker` s family relies on provisions of Regulation No 1408/71 which apply solely to workers and not to members of their families, such as Articles 67 to 71 of that regulation relating to unemployment benefits (see Case C-308/93 Cabanis-Issarte [1996] ECR I 2097).

Whereas it follows from the case-law of the Court of Justice that, in order to respect the principle of equal treatment, the scope of Article 11 of Annex VIII to the Staff Regulations must be extended to officials who previously pursued activities in a self-employed capacity and to officials who leave the service of the European Communities to take up an activity in an employed or self-employed capacity by virtue of which they require pension rights,

(7) According to the settled case-law of the Court of Justice of the European Communities "to produce a draft list of sites of Community importance, capable of leading to the creation of a coherent European ecological network of special areas of conservation, the Commission must have available an exhaustive list of the sites which, at national level, have an ecological interest which is relevant from the point of view of the directive's objective of conservation of natural habitats and wild fauna and flora.

Where a question referred to the Court for a preliminary ruling is identical to a question on which the Court has already ruled, where the answer to such a question may be clearly deduced from existing case-law or where the answer to the question admits of no reasonable doubt, the Court may, after informing the court or tribunal which referred the question to it, after hearing any observations submitted by the persons referred to in Article 20 of the EC Statute, Article 21 of the Euratom Statute and Article 103(3) of these Rules and after hearing the Advocate-General, give its decision by reasoned order in which, if appropriate, reference is made to its previous judgment or to the relevant case-law.'

The applicable case-law of the Court of Justice and the Court of First Instance is relevant in this respect(5).

Whereas, in the present state of Community law, as established by the case law of the Court of Justice, assistance granted to students, does not fall within the scope of the Treaty within the meaning of Article 7 thereof;

whereas, as has been underlined in the case-law of the Court of Justice since 1980 (8), infringements of the provisions of Article 93 (3) by Member States have increased appreciably, thereby making the Commission's monitoring tasks in the field of competition more and more difficult;

This provision should not prevent the Commission from rejecting a complaint for lack of Community interest, as the case-law of the Court of Justice has acknowledged it may do, even if no other competition authority has indicated its intention of dealing with the case.