ddrg/super_eurlex huggingface dataset:
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1.Agriculture - Common organization of the market - Milk and milk products - Skimmed-milk powder held by the intervention agencies - Sale at reduced price for use in feed for pigs and poultry - Supervision of denaturing - Systematic nature of the chemical analysis

( Commission Regulation No 368/77, Art . 16(2 ) and Annex, paragraph 3(D ) ).

2.Agriculture - Common organization of the market - Fruit and vegetables - Financial compensation paid to processors of oranges and lemons - Calculation - Applicable conversion rate - To be determined with regard to each marketing year

( Council Regulations Nos 2601/69 and 1035/77 )

3.Fisheries - Common organization of the markets - Special carry-over premium for Mediterranean sardines and anchovies - Paid only to processors supplied by producers' organizations complying with Community rules - Producers' organization operating in an irregular manner - Expenditure covered by EAGGF - Not permissible

( Council Regulation No 2204/82 )

Summary

1.The supervision of denaturing required by Article 16(2 ) of Regulation No 368/77 on the sale at a fixed price of skimmed-milk powder for use in feed for pigs and poultry, as provided for in the technical prescriptions mentioned at paragraph 3(D ) of the Annex involves systematic chemical analysis .

2.The rules governing the financing of financial compensation paid to undertakings processing oranges and lemons takes into account factors proper to each marketing year for those fruits, so that the conversion rate to be applied in calculating the compensation which may be claimed by processors is valid only for the marketing year in question .

3 . The functioning of the system of special carry-over premiums paid to undertakings engaged in the processing of Mediterranean sardines and anchovies under Regulation No 2204/82 is based on the activities of producers' organizations complying with the criteria laid down in Community rules, so that only products caught by their members attract the premium . Consequently, premiums paid in respect of products coming from a producers' organization which, owing to its methods of operation, does not qualify for recognition may not be charged to the European Agricultural Guidance and Guarantee Fund .
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1 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Non-admission to the tests - Statement of reasons for non-admission - Obligation - Scope

( Staff Regulations, Annex III, Art . 5 )

2 . Officials - Recruitment - Competition - Conditions for admission - Practical experience equivalent to a certificate - Selection Board' s power of appraisal

( Staff Regulations, Art . 5 ( 1 ) )

3 . Officials - Recruitment - Competition - Competition based on qualifications and tests - Consideration of candidates' certificates for the purpose of admission to tests - Different appraisal of same candidate in successive competitions - Permissibility - Conditions

( Staff Regulations, Annex III, Art . 5 )

Summary

1 . In order to take account of the practical difficulties which arise in a competition in which there is a very large number of applicants, the Selection Board may initially send to candidates merely information on the criteria for selection and the result thereof, provided that they give individual explanations at a later stage to those candidates who expressly request them .

2 . In defining the conditions for admission to the tests, in particular the condition relating to experience equivalent to a certificate, the competition notice may lawfully merely repeat the general wording of Article 5 ( 1 ) of the Staff Regulations and thus leave it to the Selection Board to decide in each case whether the qualifications and diplomas produced and the relevant experience claimed by each candidate correspond to the level required by the Staff Regulations for the discharge of duties appropriate to the category to which the notice of competition relates .

3 . Where the Selection Board can verify fulfilment of the conditions of the competition notice only by making a partially subjective appraisal, it is free to depart from the appraisal made in that regard by previous Selection Boards, but it must then state the special reasons which justify its decision .

However, the obligation to give reasons for every decision concerning a candidate on the ground that the appraisal relating to him is less favourable than one made about him in a previous competition applies only if the person concerned brought the matter to the attention of the Selection Board . A Selection Board cannot be required to make investigations itself in order to determine whether candidates were admitted to the tests in an earlier competition procedure . It is incumbent on the candidates to provide the Selection Board with all the information they consider pertinent to the appraisal of their applications, even if they have not been formally called on to do so .
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Tax Provisions - Harmonization of laws - Turnover tax - Common system of value-added tax - Deduction of tax already paid - Exercise of the right - Condition - Tax due as a result of a transaction subject to value-added tax - Tax due solely as a result of being mentioned on the invoice - Condition not fulfilled

( Council Directive 77/388, Arts 17(2)(a ) and 21(1)(c ) )

Summary

The exercise by a taxable person of the right to deduct value-added tax, provided for in the Sixth Directive ( 77/388 ), in connection with the supply of goods or services by another taxable person may be exercised, by virtue of Article 17(2)(a ) of the directive, only in respect of taxes actually due, that is to say, the taxes corresponding to a transaction subject to value-added tax or paid in so far as they were due . It does not apply to tax which, by virtue of Article 21(1)(c ) of the directive, is due solely because it is mentioned on the invoice .
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1 . Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation imposing anti-dumping duties - Exclusive importer not linked to the exporter - Inadmissibility

( EEC Treaty, Art . 173, second paragraph )

2 . Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation imposing anti-dumping duties - Importers who are associated with the exporter and whose resale prices have been used to establish the dumping margin or to calculate the anti-dumping duty

( EEC Treaty, Art . 173, second paragraph )

3 . Common commercial policy - Protection against dumping - Dumping - Concept

( Council Regulation No 2176/84, Art . 2(2 ) )

4 . Common commercial policy - Protection against dumping - Dumping margin - Determination of the normal value - Imports from countries not having a market economy

( Council Regulation No 2176/84, Art . 2(5 ) )

5 . Common commercial policy - Protection against dumping - Dumping margin - Determination of the normal value - Imports from countries not having a market economy - Principal factor to be taken into account - Price actually charged for a like product in a market-economy non-member country - Definition of like product - Differences in physical characteristics not sufficient to negate similarity - Account to be taken thereof for adjustment purposes - Conditions

( Council Regulation No 2176/84, Arts 2(5 ), 9, 10 and 12 )

6 . Common commercial policy - Protection against dumping - Injury - Factors to be taken into consideration - Several - Discretion of the institutions - Decline in the market share of dumped imports - Not decisive

( Council Regulation No 2176/84, Art . 4(2 ) )

7 . Common commercial policy - Protection against dumping - Injury - Products originating in different countries - Assessment of the combined effects of imports

( Council Regulation No 2176/84, Art . 4(2 ) )

Operative part

( 1 ) Dismisses the application as inadmissible in so far as it was brought by Elprom-Parma;

( 2 ) Dismisses the remainder of the application as unfounded;

( 3 ) Orders the applicants to pay the costs jointly, including those of the intervener .
Judgment of the Court of 2 February 1989. - Commission of the European Communities v Council of the European Communities. - Temporary importation of containers - Action for annulment - Legal basis. - Case 275/87.



European Court reports 1989 Page 00259

Pub.RJ Page Pub somm



Summary

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EEC Treaty - Article 235 - Scope - Use of Article 235 to regulate, under temporary importation arrangements which can be established on the the basis of other provisions of the Treaty, the use of containers in internal traffic - Unlawful

( EEC Treaty, Art . 235; Council Regulation No 2096/87 )

Summary

It follows from the very wording of Article 235 that its use as a legal basis for a measure is justified only if no other provision of the Treaty gives the Community institutions the necessary power to adopt that measure ( see judgment of 26 March 1987 in Case 45/86 (( 1987 )) ECR 1493 ).

No such justification is available since it involves the insertion into a regulation introducing temporary importation arrangements for containers and capable of adoption on the basis of Articles 28 and 113 of the Treaty of a provision regulating the use of such containers in internal traffic . In fact it is sufficient to establish that that legislation is an essential part of the arrangements for the temporary importation of containers and cannot be divorced from it having regard to the basis for its adoption .

Parties

In Case 275/87

Commission of the European Communities, represented by its Legal Adviser, Peter Gilsdorf, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Council of the European Communities, represented by Raffaello Fornasier, Director, and Bernhard Schloh, an Adviser in the Council' s Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Joerg Kaeser, Manager of the Legal Directorate of the European Investment Bank, 100 boulevard Konrad Adenauer,

defendant,

APPLICATION for a declaration that Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers ( Official Journal 1987, L 196, p . 4 ) is void,

THE COURT

composed of : O . Due, President, R . Joliet and T . F . O' Higgins, ( Presidents of Chambers ), Sir Gordon Slynn, G . F . Mancini, F . A . Schockweiler and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1)Declares void Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers;

( 2)Declares that the effects of that regulation shall continue to operate until such time as the measures which the Council is required to adopt in order to comply with this judgment have entered into force;

( 3 ) Orders the Council to pay the costs .
Judgment of the Court (Second Chamber) of 4 July 1989. - Jean-Pierre Kerzmann v Court of Auditors of the European Communities. - Officials - Annulment of an appointment. - Case 198/87.



European Court reports 1989 Page 02083

Pub.RJ Page Pub somm



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Parties

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According to the established case-law of the Court :

1 . The Community institutions enjoy a wide discretion in organizing their departments on the basis of the tasks entrusted to them and, consequently, in posting members of their staff . The need to create a new post come within the scope of that discretion .

2 . A decision may amount to misuse of powers only if it appears on the basis of objective, relevant and consistent indications, to have been taken for purposes other than those stated .

3 . It is for the appointing authority to assess whether a candidate fulfils the conditions required by the vacancy notice, and that assessment may be questioned only in the event of manifest error .

Where a vacancy notice requires that candidates possess either a university degree or equivalent experience, and additional experience in fields relevant to the post to be filled, it is for the appointing authority to determine both how far experience is equivalent to the degree referred to in the vacancy notice and the relevance of additional experience to the post in question .

Parties

In Case 198/87

Jean-Pierre Kerzmann, an official of the Court of Auditors of the European Communities, represented in the written proceedings by Victor Biel, of the Luxembourg Bar, with an address for service in Luxembourg at the latter' s Chambers at 18A Rue des Glacis, and in the oral proceedings by Francis Herbert, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Victor Biel,

applicant,

v

Court of Auditors of the European Communities, represented by Michael Becker and Marc Ekelmans, members of its Legal Department, acting as Agents, assisted by J.-A . Stoll, as adviser, with an address for service in Luxembourg at its seat, 12 Rue Alcide de Gasperi,

defendant,

APPLICATION, in substance, for the annulment of Vacancy Notice CC/A/13/86 concerning the post of Head of Division ( grade A3 ) within the President' s Department of the Court of Auditors and the decision of the President of the Court of Auditors of 23 October 1986 appointing another candidate to the said post,

THE COURT ( Second Chamber ),

composed of : T . F . O' Higgins, President of the Chamber, G . F . Mancini and F . A . Schockweiler, 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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Social security for migrant workers - Family allowances - Community rules against overlapping benefits - Suspension of the right to benefit in the Member State of employment - Benefits due under the law of the Member State in which the members of the worker' s family reside - Person employed in a Member State who works simultaneously as a self-employed person in the Member State in which the members of his family reside - Amount of the benefits paid in the Member State of residence lower than that paid in the Member State of employment - Right to a supplementary allowance

( Regulation No 1408/71, Arts 73 and 76 )

Summary

Article 76 of Regulation No 1408/71 of the Council must be interpreted as meaning that, where the worker is engaging simultaneously in a secondary activity as a self-employed person in the Member State in which his family resides and in an activity as an employed person in the territory of another Member State, the right to family allowances payable by the Member State of employment under Article 73 of that regulation is suspended only up to the amount of allowances of the same kind actually paid in the Member State in whose territory the worker' s family resides . If the amount of the family allowances actually received in the Member State of residence is lower than the amount of the allowances provided for under the legislation of the other Member State, the worker is entitled to a supplementary allowance equal to the difference between the two amounts, the cost of which is to be borne by the competent institution in the other Member State .
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1.Common Customs Tariff - Tariff headings - Classification of goods - Criteria - Characteristics and objective properties - Manufacturing processes and geographical origin of the constituents - Processing of the product - Conditions to be taken into account

2.Common Customs Tariff - Tariff headings - Skimmed-milk powder within the meaning of subheading 04.02 A II ( b ) 1 - Product comprising inter alia 10.6% sodium caseinate - Exclusion - Classification under subheading 21.07 D II ( a ) 1

Summary

1.In the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their characteristics and objective properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters . Manufacturing processes and the geographical origin of certain of the constituents used in a product are decisive only when the relevant subheading expressly so provides . The classification for customs purposes of a product also cannot be affected by the fact that it has undergone processing if the processed product thereafter contains the essential constituents of the basic product in proportions which do not differ substantially from the content in those constituents which the relevant product exhibits in its natural state . That condition will not be fulfilled if the product contains a substance not found in the product in its natural state in a proportion greater than is necessary to make the product more like the product in its natural state .

2.Subheading 04.02 A II ( b ) 1 of the Common Customs Tariff, dealing with skimmed-milk powder, must be interpreted as not including a product composed of 23.4% skimmed-milk powder, 42.3% powdered whey, 16.2% lactose, 7.1% calcium caseinate, 10.6% sodium caseinate and 0.4% other substances since milk in its natural state does not contain sodium caseinate and the addition of quantities of that substance may be tolerated, if it is necessary in order to promote emulsion and improve the taste of the product, only up to a limit of 3% by weight of the product . Since there is no more specific subheading which may be interpreted as including such a product, it must be placed under subheading 21.07 D II ( a ) 1 of the Common Customs Tariff, a residual subheading dealing with food preparations .
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Common Customs Tariff - Eligibility for a favourable tariff arrangement by reason of their end-use of the goods concerned - Transfer of the goods within the Community - Obligation for the transferee to hold the authorization prescribed by the Community rules

( Commission Regulation No 1535/77, Arts 3 and 7 )

Operative part

Article 7 of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use must be interpreted as meaning that when goods are transferred the transferee must hold an authorization granted in accordance with Article 3 of that regulation, whether the transfer takes place between one Member State and another or within the same Member State .
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European Communities' own resources - Post-clearance recovery of import or export duties - Error on the part of the customs authorities arising from the use, for the purposes of calculating duties, of a purely indicative national tariff manual incorporating an anticipated reduction in duty which did not occur - Error detectable by the trader - Post-clearance recovery - Not possible to claim protection of legitimate expectations

( Council Regulation ( EEC ) No 1697/79, Art . 5(2 ) )

Summary

A trader is not entitled under Article 5(2 ) of Regulation No 1697/79 to the waiver of the post-clearance recovery of import duties if the error made by the customs authorities from which he benefited was due to the fact that those authorities, instead of applying the Community provisions relating to the customs tariff published in the Official Journal of the European Communities, referred to a national tariff manual which wrongly incorporated an anticipated reduction in duty proposed by the Commission but rejected by the Council, since it was an error which the trader could reasonably have detected within the meaning of that regulation .

Community provisions relating to the customs tariff constitute, from the date of their publication in the Official Journal of the European Communities, the sole relevant positive law, of which all are deemed to be aware . A tariff manual drawn up by national authorities constitutes no more than a handbook for customs clearance; it can have no more than indicative character and in no case lead to the calling in question of the primacy of Community law . Moreover, an error in relation to the rate of duty can be detected by an attentive trader from a reading of the Official Journal of the European Communities, in which the relevant provisions are published .

Furthermore, a commercial trader whose activities consist, essentially, of import-export operations cannot derive a legitimate expectation as to the applicable rate of duty merely from a Commission proposal incorporated in a national tariff manual, since it is not unreasonable to expect him to consult the relevant Official Journals .
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Member States - Obligations - Implementation of directives - Failure to implement - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Operative part

( 1 ) Declares that, by failing to adopt within the prescribed period all the measures necessary to implement Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs .