The Gazette 1983

APRIL 1983

GAZETTE

Arbitration under the Contract of 1973. In the Arbitration proceedings the Defendants claimed that the 1973 Con- tract was void in certain respects. The Arbitrator was of the opinion that under German law the question of whether a Contract for a particular purpose was valid depended as to whether that purpose amounted to an irregularity within the meaning of the relevant E EC regu- lations and he referred the matter to the Court for a pre- liminary ruling. H E LD — that the link between the Arbitration procedure in this instance and the organisation of legal remedies through the Courts in the Member States in question was not sufficiently close for the Arbitrator to be considered as a "Court or Tribunal of a Member State" within the meaning of Article 177 and that accordingly the Court had no jurisdiction to give a ruling under Article 177. 5. 53/81 — Levin v. Stattssecretaris van Justitie — Preliminary ruling under Article 177 of the Treaty of Rome — right of residence. The case dealt with the application by a Mrs Levin of British nationality whose husband was a national of a non- Member country for a residence permit in the Nether- lands. H E L D — in considering the matter, the terms "worker" and "payed employment" may not be defined by reference to the laws of a Member State but have a scope determined by Community law. It was also held that the provisions of Community law relating to the free move- ment of workers covers a national of a Member State who pursues an activity which may give an income less than that which may be considered in that State as the minimum required for subsistance whether such person supple- ments the income with other income so as to arrive at the minimum, or is satisfied with the means of support lower than the minimum provided that he pursues an actual and genuine activity as an employed person and also, that the motive which prompted a worker of a Member State to seek employment in another Member State is immaterial, provided that he pursues or wishes to pursue an actual and genuine activity. Others — Preliminary Ruling under Article 177 of the Treaty of Rome — measures having an effect equivalent to quanti- tive restrictions. This case arose out of the application of Dutch Law regarding enclosures for fattening-calves. H E L D — that Community law does not prevent a Member State from introducing unilateral rules relating to standards to ensure the protection of the animals which apply, without distinction, to calves intended for the national market and calves intended for export. 6. Joined cases 141 to 143 / 81 — Holdijk and

investigate and obtain information in order to enforce compliance with Article 85 of the Treaty of Rome and whether there is any doctrine of privilege or confidentiality recognised by Community law in relation to such powers. In the course of a lengthy judgement, the Court H E LD that there are principles of privilege and confidentiality which aply to any lawyer entitled to practice his profes- sion in one of the member states and that the powers are subject to a restriction imposed by the need to protect con- fidentiality but this extends only to an independent lawyer, i.e. one who is not bound to his client by a relationship of employment. The Court further held that it is a matter for the person seeking to rely on the privilege to provide sufficient in- formation to the Commission's authorised agent of such a nature as to demonstrate that the communications fulfill the conditions and it is not a matter which may be left to an arbitrator or to any national authority. In the case of a dis- pute it is for the Commission to order reduction of the com- munications in question. Although by virtue of Article 185 of the E EC Treaty any action brought by an undertaking against a decision of the Commission does not have a suspensory effect, its interests are safeguarded by the pos- sibility which exists under Articles 185 and 186 of the Treaty as well as under Article 83 of the Rules of the procedure of the Court for obtaining an Order suspending the application of the decision which has been taken by the Commission or any other interim measure. • ROYAL COLLEGE OF SURGEONS IN IRELAND The Royal College of Surgeons in Ireland is a privately owned Institution founded in 1784. It has responsibility for postgraduate education of surgeons, radiologists, anaesthetists, dentists and nurses. The College manages an International Medical School for the training of doctors, many of whom come from Third World countries where there is a great demand and need for doctors. Research in the College includes work on cancer, thrombosis, high blood pressure, heart and blood vessel disease, blindness, mental handicap, birth defects and many other human ailments. The College being an independent institution is financed largely through gifts and donations. Your donation, covenant or legacy, will help to keep the College in the forefront of medical research and medical education. The College is officially recognised as a Charity by the Revenue Commissioners. All contributions will be gratefully received. Enquiries to: The Registrar, Royal College of Surgeons, in Ireland, St. Stephen's Green, Dublin 2.

7. 1 5 5 / 79 — A.M. & S. Europe Limited

— Legal

privilege. This very important case relates to the interpretation of Article 14 of Regulation No . 17 of the Council of 6th February 1962. This decision deals with the rights of the Commission to

66