ddrg/super_eurlex huggingface dataset:
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1 . Free movement of goods - Industrial and commercial property - Copyright - Related rights to reproduce and distribute sound recordings - Application of Article 36 of the Treaty

( EEC Treaty, Art . 36 )

2 . Free movement of goods - Industrial and commercial property - Copyright - Musical works protected in more than one Member State - Expiry of the protection period in one Member State - Marketing in that State, without the consent of the copyright owner, of sound recordings incorporating those works - Importation into and marketing in a Member State in which protection still exists - Opposed by the copyright owner - Restrictions on trade resulting from the disparity between national laws - When acceptable - Conditions

( EEC Treaty, Arts 30 and 36 )

Summary

1 . The protection of industrial and commercial property within the meaning of Article 36 of the Treaty covers literary and artistic property including copyright, to the extent in particular that it is commercially exploited . Consequently, it includes the protection of exclusive reproduction and distribution rights in sound recordings to the extent to which that protection is assimilated under the applicable national legislation to copyright protection .

2 . Articles 30 and 36 of the EEC Treaty do not preclude the application of a Member State' s legislation which allows a producer of sound recordings in that Member State to rely on the exclusive rights to reproduce and distribute certain musical works of which he is the owner in order to prohibit the sale, in the territory of that Member State, of sound recordings of the same musical works when those recordings are imported from another Member State in which they were lawfully marketed without the consent of the aforesaid owner or his licensee and in which the producer of those recordings had enjoyed protection which has in the mean time expired .

In so far as the disparity between national laws relating to the protection of literary and artistic property may give rise to restrictions on intra-Community trade in sound recordings, such restrictions are justified under Article 36 of the Treaty if they are the result of differences between the rules governing the period of protection and this is inseparably linked to the very existence of the exclusive rights . No such justification would exist if the restrictions on trade imposed or accepted by the national legislation were of such a nature as to constitute a means of arbitrary discrimination or a disguised measure to restrict trade .
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Free movement of persons - Right of entry and residence of nationals of Member States - Obligation to carry residence or establishment permit at all times - Check at the time of entry into the territory of a Member State - Permissibility - Conditions

( Council Directives 68/360, Art . 3, and 73/148, Art . 3 )

Summary

Community law does not prevent a Member State from checking, within its territory, compliance with the obligation imposed on persons enjoying a right of residence under Community law to carry their residence or establishment permit at all times, where an identical obligation is imposed on its own nationals as regards their identity card .

The carrying out of such controls at the time of entry into the territory of a Member State is not prohibited by the wording of Directives 68/360 and 73/148, according to which the only precondition which Member States may impose on the right of entry into their territory for the persons covered by those directives is the production of a valid identity card or passport, if those controls are not a condition of entry into the territory of the Member State in question . However, such controls may, depending on the circumstances, constitute a barrier to the free movement of persons within the Community . That would be the case in particular if it were found that the controls were carried out in a systematic, arbitrary or unnecessarily restrictive manner .
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Agriculture - Common organization of the markets - Oils and fats - Subsidy for oilseeds - Advance fixing - Suspension - Condition to be fulfilled - Abnormal market situation - Mere possibility of disturbance deriving from a material error in the fixing of conversion rates for the subsidy - Illegality of the suspension - Consequences

( Council Regulation No 1594/83, Art . 8(1 ); Commission Regulations Nos 735 and 756/85 )

Summary

When Regulation No 756/85 suspending advance fixing of the subsidy for colza, rape and sunflower seed was adopted, the Commission could validly decide to suspend advance fixing only if there was in fact an abnormal situation on the Community market in oilseeds . A material error does not of itself constitute an abnormal market situation and does not of itself necessarily entail the risk of such a situation occurring . The mere possibility that an abnormal situation might arise following a material error in the conversion rates for the subsidy could not therefore justify the suspension of advance fixing of the subsidy . Accordingly, having regard to Article 8(1 ) of Council Regulation No 1594/83, Commission Regulation No 756/85 is invalid .

The invalidity of Regulation No 756/85 implies that a trader which applied for a certificate with advance fixing under Regulation No 735/85 is entitled to be placed in the same situation as that which would have obtained if the advance fixing had not been suspended . So long as the latter regulation has not been declared invalid, the invalidity of Regulation No 756/85 means that the national authorities must issue to the trader concerned with retroactive effect the advance-fixing certificates applied for and pay it the subsidy in the sum fixed by Regulation No 735/85 .
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1.Social security for migrant workers - Voluntary or optional continued insurance - Option of retroactively paying pension rights subject to affiliation to the national scheme of compulsory insurance - Condition not satisfied by affiliation to the compulsory insurance scheme of another Member State

( Regulation No 1408/71 of the Council, Art . 9 )

2.Social security for migrant workers - Voluntary or optional continued insurance - National legislation making the right to purchase pension rights subject to affiliation to the national scheme of compulsory insurance - Condition required of nationals - Permissible

( EEC Treaty, Arts 48 and 51 )

Summary

1.Article 9 of Regulation No 1408/71 must be construed as meaning that the requirement of affiliation to a compulsory insurance scheme in a Member State, which, according to the legislation of that State, must be fulfilled at the time of the submission of an application to make retroactive payment of voluntary pension-insurance contributions, cannot be considered to be satisfied if the person making the application is at that date affiliated to a compulsory insurance scheme in another Member State .

2.Articles 48 and 51 of the Treaty do not preclude the application to nationals of a Member State of a provision of national legislation laying down, for the exercise of the right to purchase pension rights, a requirement of affiliation to the national compulsory insurance scheme . It is for the legislation of each Member State to lay down the conditions concerning the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme, provided always that in this connection there is no discrimination between nationals of the host State and the nationals of other Member States .
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Agriculture - Approximation of laws - Rules on trade with non-member countries - Legal basis

( EEC Treaty, Arts 38(2 ), 39, 40(3 ), 43, 100 and 113; Council Directive 87/64 )

Summary

Article 43 of the Treaty is the appropriate legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the achievement of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty . Even where such legislation is directed to other objectives, besides those of the common agricultural policy, which, in the absence of specific provisions, are pursued on the basis of Article 100 of the Treaty, it may involve the harmonization of provisions of national law in that area without recourse to Article 100 being necessary . In view of the fact that Article 38(2 ) of the Treaty gives precedence to specific provisions in the agricultural field over general provisions relating to the establishment of the common market, Article 100 cannot be relied on as a ground for restricting the field of application of Article 43 .

Directive 87/64 amending Directives 72/461 and 72/462 on health problems in intra-Community trade and on importation of fresh meat from third countries applies to products falling within Annex II and also, by seeking to enable the pharmaceutical manufacturing industry to procure an agricultural raw material at reasonable prices and in sufficient quantities, contributes to assuring the availability of supplies and ensuring that supplies reach consumers at reasonable prices, which are objectives referred to in Article 39(1)(d ) and ( e ) of the Treaty .

Moreover, the mere fact that the directive lays down rules on the conditions under which the products concerned may be marketed not only when they originate from non-member countries but also in intra-Community trade does not suffice to make Article 113 applicable . It is apparent from Article 40(3 ) of the Treaty that measures taken in the context of the common agricultural policy may also affect importation and exportation of the products concerned .

The directive should therefore have been adopted by the Council on the basis of Article 43 alone . Since that was not the case, it must be declared void .
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1 . Approximation of laws - Waste - Directive 75/442 - National legislation restricting the sale and use of non-biodegradable containers - Permissibility

( Council Directive 75/442 )

2 . Approximation of laws - Waste - Directive 75/442 - Obligation to give notice of draft legislation - Scope - Breach - Consequences

( Council Directive 75/442, Art . 3(2 ) )

Summary

1 . Directive 75/442 on waste does not give individuals the right to sell or use plastic bags and other non-biodegradable containers . It cannot be inferred from the fact that the directive does not prohibit the sale or the use of any product that it prevents Member States from imposing such prohibitions in order to protect the environment, especially since it is intended inter alia to encourage national measures likely to prevent the production of waste .

2 . Article 3(2 ) of Directive 75/442 requires the Member States to inform the Commission in good time, that is to say before their final adoption, of any draft rules restricting the use and sale of non-biodegradable wrappings . It is directed not only at draft rules concerning inter alia the use of products which might be a source of technical difficulties as regards disposal or lead to excessive disposal costs but also, by virtue of paragraph 1, at all draft rules designed to encourage inter alia the prevention, recycling and processing of waste .

Since the directive does not provide for any derogation or limitation regarding that obligation to inform the Commission, it extends to draft rules drawn up by all authorities in the Member States, including decentralized authorities such as municipalities .

The abovementioned provision of the directive concerns only relations between the Member States and the Commission and thus does not give individuals any right which they may enforce before national courts in order to obtain the annulment or suspension of national rules falling within its scope on the ground that the rules were adopted without having previously been communicated to the Commission .
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1.Competition - Agreements, decisions and concerted practices - Agreements between undertakings - Concept - Commercial practice of a supplier forming part of a general agreement between him and his customers

( EEC Treaty, Art . 85(1 ) )

2.Competition - Agreements, decisions and concerted practices - Agreements between undertakings - Concept - Expression of the parties' intention - Sufficient condition

( EEC Treaty, Art . 85 )

3.Competition - Agreements, decisions and concerted practices - Anti-competitive conduct - Criteria for assessment - Anti-competitive purpose - Sufficient

( EEC Treaty, Art . 85(1 ) )

4.Competition - Fines - Amount - Determination - Criteria

( Council Regulation No 17, Art . 15(2 ) )

Operative part

( 1)Reduces the amount of the fine imposed on the applicant in Article 3 of the Commission' s decision of 13 July 1987 concerning a procedure initiated under Article 85 of the EEC Treaty to ECU 500 000;

( 2)Dismisses the remainder of the application;

( 3)Orders the applicant to pay the costs .
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Social security for migrant workers - Equal treatment - National provision laying down a reference period for entitlement to invalidity benefits - Whether permissible - Possibility of prolonging the reference period - Prolongation not allowed when the events or circumstances on which entitlement is based arise in another Member State - Disguised discrimination - Not permissible

(EEC Treaty, Arts 48(2) and 51)

Summary

Articles 48(2) and 51 of the EEC Treaty must be interpreted as not preventing the national legislature from amending the conditions for the grant of an invalidity pension and making them stricter by providing for a reference period prior to the occurrence of the invalidity during which the insured person must have exercised an activity subject to compulsory insurance and paid a minimum number of contributions in order to be entitled to an invalidity pension, provided that the conditions adopted do not entail overt or disguised discrimination between Community workers.

However, by virtue of those articles, where it allows prolongation of the reference period in certain circumstances, it is unlawful for such legislation not to provide for the possibility of prolongation where the events or circumstances corresponding to those which make prolongation possible arise in another Member State since, by failing to do so, such legislation, even if formally applicable to all Community workers, is liable to have a much greater adverse effect on migrant workers, who, particularly in case of sickness or unemployment, tend to return to their countries of origin, and may dissuade them from exercising their right of free movement.
Judgment of the Court (First Chamber) of 12 December 1989. - Evagelos Adamou Exarchos v European Parliament. - Officials - Rejection of an application to take part in a competition. - Case C-331/87.



European Court reports 1989 Page 04185

Pub.RJ Page Pub somm



Summary

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1.Officials - Actions - Time-limit - Date when time-limit begins to run - Notification - Concept - Onus of proof of notification

( Staff Regulations of Officials, Art . 91(3 ) )

2.Officials - Recruitment - Application of Article 29(2 ) of the Staff Regulations - Duty to publish - None

( Staff Regulations of Officials, Art . 29(2 ) )

Summary

1.Although a decision is duly notified when it is communicated to its addressee and when the addressee is able to take note of it, the onus of proof of the date on which the decision was notified lies with the party which claims that an application is out of time ( see the judgment of 5 June 1980 in Case 108/79 Belfiore v Commission (( 1980 )) ECR 1769 ).

2 . Recruitment procedures based on Article 29(2 ) of the Staff Regulations, which authorize the appointing authority to adopt a procedure other than the competition procedure for the recruitment of Grade A 1 and A 2 officials and, in exceptional cases, also for recruitment to posts which require special qualifications, are not subject to any condition as to publication ( see the judgment of 29 October 1875 in Joined Cases 81 to 88/74 Marenco and Others v Commission (( 1975 )) ECR 1247 ).

Parties

In Case C-331/87

Evangelos Adamou Exarchos, residing in Larissa ( Greece ), 14 Odos 31 Augoustou, represented by Thrassivoulos I . Kavassidis, of the Larissa Bar, with an address for service in Luxembourg at the Chambers of Catherine Thill, 17 boulevard Royal,

applicant,

v

European Parliament, represented by Francesco Pasetti Bombardella, Jurisconsult of the European Parliament, assisted by Manfred Peter, Head of Division, acting as Agents, with an address for service in Luxembourg at the European Parliament, Kirchberg,

defendant,

APPLICATION for the annulment of a procedure initiated to fill the post of Director of the Directorate-General for Personnel, the Budget and Finance of the European Parliament,

THE COURT ( First Chamber )

composed of : Sir Gordon Slynn, President of Chamber, R . Joliet and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
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Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters - Special jurisdictions - Court for the place in which the contractual obligation is to be performed - Contract of employment - Obligation to be taken into consideration - Obligation to carry out the agreed work - Performance outside the territory of the Contracting States - Article 5(1 ) of the Convention not applicable - Application of Article 2 of the Convention

( Convention of 27 September 1968, Arts 2 and 5(1 ) )

Summary

Article 5(1 ) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that, as regards contracts of employment, the obligation to be taken into consideration is that which characterizes such contracts, in particular the obligation to carry out the agreed work . Where the obligation of the employee to carry out the agreed work was performed and had to be performed outside the territory of the Contracting States, Article 5(1 ) of the Convention is not applicable; in such a case jurisdiction is to be determined on the basis of the place of the defendant' s domicile in accordance with Article 2 of the Convention .
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1.Free movement of persons - Derogations - Employment in the public service - Concept - Participation in the exercise of powers conferred by public law and in the safeguarding of the general interests of the State - Foreign-language assistants in universities

( EEC Treaty, Art . 48(4 ) )

2.Free movement of persons - Workers - Equal treatment - Conditions of employment - Limit on the duration of the employment relationship applicable specifically to foreign-language assistants in universities - Disguised discrimination - Impermissible

( EEC Treaty, Art . 48(2 ) )

3.Social security for migrant workers - Equal treatment - Social security cover - Exclusion of a category of workers consisting largely of nationals of other Member States - Impermissible

( Council Regulation No 1408/71, Art . 3 )

Summary

1.Since it does not involve direct or indirect participation in the exercise of powers conferred by public law and in the discharge of functions whose purpose is to safeguard the general interests of the State or of other public authorities and which therefore require a special relationship of allegiance to the State on the part of persons occupying them and reciprocity of rights and duties which form the foundation of the bond of nationality, employment as a teacher, in general, and as a foreign-language assistant at a university, in particular, is not employment in the public service within the meaning of Article 48(4 ) of the EEC Treaty .

2.The principle of equal treatment of which Article 48(2 ) is one embodiment and which prohibits not only overt discrimination based on nationality but all covert forms of discrimination which, by applying other distinguishing criteria, in fact achieve the same result precludes the application of a provision of national law imposing a limit on the duration of the employment relationship between universities and foreign-language assistants where there is in principle no such limit with regard to other workers .

3.Article 3 of Regulation No 1408/71 precludes a given category of workers, largely nationals of other Member States, such as foreign-language assistants in universities from being excluded from the social security scheme of a Member State which is in general available to other workers in that Member State .
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1 . Social security for migrant workers - Orphans' benefits - Orphan of a worker - Concept - Orphan of a worker' s spouse - Not included

( Regulation No 1408/71 of the Council, Arts 2 and 78(2 ) )

2 . Social security for migrant workers - Family benefits - Worker subject to the legislation of a Member State - Members of his family residing in another Member State - Entitlement to the family benefits provided for by the legislation to which the worker is subject .

( Regulation No 1408/71 of the Council, Art . 73 )

3 . Social security for migrant workers - Family benefits - Pensioners - Benefits payable by the Member State of residence of the recipient of an invalidity pension - Higher benefits previously granted by another Member State - Entitlement to a benefit supplement

( Regulation No 1408/71 of the Council, Art . 77(2)(a ) and ( b)(i ) )

Summary

1 . It is apparent from the terms of Article 78(2 ) of Regulation No 1408/71 that that provision overrides the conditions concerning residence in national territory only as regards "the orphan of a deceased worker ". Article 2 of that regulation, which defines the persons to whom the regulation applies, draws a clear distinction between workers themselves on the one hand and members of their families and their survivors on the other . The expression "orphan of a deceased worker" cannot therefore be taken to cover the case of children who have become orphans as a result of the death of a member of a worker' s family who was not himself a worker . It follows that Article 78(2 ) covers only the case of an orphan whose deceased father or mother personally had the status of worker .

2 . It follows from Article 73 of Regulation No 1408/71 that so long as a worker remains subject to the social legislation of a Member State he is entitled to the family benefits provided for by the legislation of the first Member State for members of his family residing in the territory of another Member State, as if they were residing in the territory of the first State .

3 . Where, in the cases referred to in Article 77(2)(a ) and Article 77(2)(b)(i ) of Regulation No 1408/71, the amount of the benefits paid by the State of residence is lower than that of the benefits granted by the other State which is responsible for payment, the worker retains the right to the higher amount and is entitled to receive an additional benefit paid by the competent social security institution of that State, equal to the difference between the amount of the benefits paid by the State of residence and that of the benefits payable in the other State which is responsible for payment to persons receiving an invalidity pension, together with any supplement provided for by the legislation of the latter State in respect of the children of such pensioners .