ddrg/super_eurlex huggingface dataset:
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OFFICIAL - RECRUITMENT - COMPETITION - COMPETITION BASED ON QUALIFICATIONS AND TESTS - TEST PROCEDURES AND CONTENT - SELECTION BOARD' S POWER OF APPRAISAL - REVIEW BY THE COURT - LIMITS

Summary

THE SELECTION BOARD ENJOYS WIDE POWERS OF APPRAISAL REGARDING THE PROCEDURES FOR AND CONTENT OF THE TESTS IN A COMPETITION . THE COURT MAY INVESTIGATE THE PROCEDURES FOR THE CONDUCT OF A TEST ONLY TO THE EXTENT NECESSARY TO ENSURE THAT THE CANDIDATES ARE TREATED EQUALLY AND THAT THE CHOICE OF CANDIDATES IS OBJECTIVE . SIMILARLY, THE COURT MAY NOT INVESTIGATE THE DETAILED CONTENT OF A TEST UNLESS SUCH CONTENT GOES BEYOND THE LIMITS LAID DOWN IN THE COMPETITION NOTICE OR IS NOT CONSONANT WITH THE PURPOSES OF THE TEST OR COMPETITION .
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Tax provisions - Harmonization of laws - Turnover tax - Common system of value-added tax - Exemptions provided for in the Sixth Directive - Exemption for temporary importation - Temporary importation by a frontier worker, for business and private use, of a motor vehicle belonging to his employer - Levying of tax - Not permissible

( Council Directive 77/388, Art . 14 ( 1 ) ( c ) )

Summary

Where there is no indication of tax evasion, abuse or avoidance, a Member State cannot refuse to grant the exemption provided for in respect of temporary imports under Article 14 ( 1 ) ( c ) of the Sixth Directive on the harmonization of the laws of the Member States relating to turnover taxes

( Directive 77/388 ) where a motor vehicle belonging to an employer established in another Member State in which value-added tax has been paid is used by a frontier worker residing in the first Member State for the performance of his duties under his contract of employment and secondarily for leisure purposes .
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1 . Action for failure by a Member State to fulfil its obligations - Period given the Member State in the reasoned opinion - Default subsequently remedied - Interest in pursuing the action

( EEC Treaty, Art . 169 )

2 . Member States - Obligations - Implementation of directives - Failure to comply - Justification - Not permissible

( EEC Treaty, Art . 169 )
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Free movement of persons - Workers - Right of residence of members of workers' families - Renewal of the residence permit made subject to suitable housing - Not permissible

( Regulation No 1612/68 of the Council, Art . 10(3 ) )

Summary

The requirement to have available housing considered as normal for national workers, to which Article 10(3 ) of Regulation No 1612/68 makes the right of members of a migrant worker' s family to install themselves in the territory of the Member State in which he is employed subject, applies solely as a condition under which each member of the worker' s family is permitted to come to live with him . Once the family has been brought together, the position of the migrant worker cannot be different in regard to housing requirements from that of a worker who is a national of the Member State concerned .

National legislation is therefore incompatible with the obligations arising under the said Article 10(3 ) in so far as it provides for non-renewal of a residence permit or a reduction a posteriori of the period of validity of a residence permit for a member of the family of a migrant worker by virtue of the fact that as a result of a new event the family' s housing can no longer be regarded as suitable according to the criteria applied in that regard in the place of residence, where sanctions of comparable severity are not provided for in regard to nationals of the State in question even having regard to the powers which the Member States retain in connection with public order and public security .
Judgment of the Court (Fourth Chamber) of 12 December 1990. - J. Cholay and société "Bizon's Club" v Société des auteurs, compositeurs et éditeurs de musique (SACEM). - Reference for a preliminary ruling: Cour d'appel de Paris - France. - Copyright management - Disparities between national laws. - Case C-270/86.



European Court reports 1990 Page I-04607

Pub.RJ Page Pub somm



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Free movement of goods - Industrial and commercial property - Copyright - National legislation permitting the charging, on the public use of imported sound recordings, in addition to the performance royalty, of a supplementary reproduction royalty not provided for in the legislation of the Member State of origin - Permissibility

( EEC Treaty, Arts 30 and 36 )

Summary

Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market .

( In this judgment the Court answers a question on Articles 30 and 36 of the Treaty in the same terms as in Case 402/85 Basset v Sacem [1987] ECR 1747, in which substantially the same question was referred to it .)

Parties

In Case C-270/86,

REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Cour d' appel, Paris, for a preliminary ruling in the proceedings pending before that court between

J . Cholay,

Société "Bizon' s Club"

and

Société des auteurs, compositeurs et éditeurs de musique ( Sacem ),

on the interpretation of Articles 30 and 36 of the said Treaty,

THE COURT ( Fourth Chamber ),

composed of : M . Díez de Velasco, President of Chamber, C . N . Kakouris and P . J . G . Kapteyn, Judges,

Advocate General : C . O . Lenz

Registrar : J . A . Pompe, Deputy Registrar,

( The grounds of the judgment are not reproduced .)

in answer to the question submitted to it by the Cour d' appel, Paris, by judgment of 9 April 1986, as interpreted by judgment of 21 January 1987, hereby rules :

Operative part

Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market .
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1 . OFFICIALS - PERIODIC REPORT - DRAFTING - OBLIGATIONS OF FIRST ASSESSOR AND APPEAL ASSESSOR

( STAFF REGULATIONS, ART . 43 )

2 . OFFICIALS - PERIODIC REPORT - DRAFTING - DELAY - IRREGULARITY NOT SUCH AS TO RENDER REPORT INVALID - AWARD OF COMPENSATION - CONDITION - HARM

( STAFF REGULATIONS, ART . 43 )
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SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - CONCEPT - RULE UNDER WHICH THE BASIC AMOUNT FOR CALCULATING A PERSON' S RETIREMENT PENSION IS REDUCED BY REASON OF A PENSION RECEIVED BY THAT PERSON' S SPOUSE - EXCLUDED

( COUNCIL REGULATION NO 1408/71, ART . 12 ( 2 ) )

Summary

A NATIONAL RULE PROVIDING THAT A RETIREMENT PENSION IS TO BE CALCULATED ON THE BASIS OF A LOWER AMOUNT WHEN THE SPOUSE OF THE ENTITLED PERSON RECEIVES A RETIREMENT OR SURVIVOR' S PENSION OR A BENEFIT REGARDED AS EQUIVALENT THERETO DOES NOT CONSTITUTE A PROVISION DESIGNED TO PREVENT THE OVERLAPPING OF BENEFITS FOR THE PURPOSES OF ARTICLE 12 ( 2 ) OF COUNCIL REGULATION NO 1408/71 .
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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - JURISDICTION "IN MATTERS RELATING TO A CONTRACT" - CONCEPT - INDEPENDENT INTERPRETATION - INDEPENDENT COMMERCIAL AGENCY AGREEMENT - CLAIMS FOR THE PAYMENT OF COMMISSION AND COMPENSATION FOR WRONGFUL REPUDIATION OF A CONTRACT - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968, ART . 5 ( 1 ) )

Summary

THE CONCEPT OF "MATTERS RELATING TO A CONTRACT" IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS IS TO BE REGARDED AS AN INDEPENDENT CONCEPT WHICH, FOR THE PURPOSE OF THE APPLICATION OF THE CONVENTION, MUST BE INTERPRETED BY REFERENCE PRINCIPALLY TO THE SYSTEM AND OBJECTIVES OF THE CONVENTION IN ORDER TO ENSURE THAT IT IS FULLY EFFECTIVE .

PROCEEDINGS RELATING TO THE WRONGFUL REPUDIATION OF AN INDEPENDENT COMMERCIAL AGENCY AGREEMENT AND THE PAYMENT OF COMMISSION DUE UNDER SUCH AN AGREEMENT ARE PROCEEDINGS IN MATTERS RELATING TO A CONTRACT WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
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Officials - Actions - Prior administrative complaint - Time-limit - Expiry - Reopening - Conditions - New fact

( Staff Regulations of Officials, Arts 90 and 91 )

Summary

Although Article 90 ( 1 ) of the Staff Regulations provides that any official may request the appointing authority to take a decision relating to him, that right does not allow an official to circumvent the time-limits laid down in Articles 90 and 91 of the Staff Regulations for the lodging of a complaint and an appeal by indirectly calling in question by means of a request a previous decision which has not been challenged within the period prescribed . Only the existence of new substantial facts may justify the submission of a request for a review of such a decision .

Where an applicant wishes to contest, after the expiry of the prescribed period, the decision of a Selection Board refusing to admit him to tests in a competition, neither a judgment of the Court annulling, on different grounds, a similar decision relating to other candidates, nor a change in the membership of the Board as a result of the replacement of members who have resigned, may be considered a new fact .
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Action for failure to act - Omission repaired after commencement of proceedings - Subject-matter of the action ceases to exist - No need for a decision

( EEC Treaty, Arts 175 and 176 )

Summary

The remedy provided for in Article 175 of the Treaty is founded on the premiss that the unlawful inaction on the part of the Council or of the Commission enables the other institutions and the Member States and, in certain circumstances, private persons to bring the matter before the Court in order to obtain a declaration that the failure to act is contrary to the Treaty, in so far as it has not been repaired by the institution concerned . The effect of the declaration, under Article 176, is that the defendant institution is

required to take the necessary measures to comply with the judgment of the Court, without prejudice to any action to establish non-contractual liability to which the aforesaid declaration may give rise .

In circumstances where the act whose absence constitutes the subject-matter of the proceedings was adopted after the action was brought but before judgment, a declaration by the Court that the initial failure to act is unlawful can no longer bring about the consequences prescribed by Article 176 . It follows that in such a case, as in cases where the defendant institution has responded within a period of two months after being called upon to act, the subject-matter of the action has ceased to exist, so that there is no longer any need for the Court to give a decision .
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Community law - Direct effect - National taxes incompatible with Community law - Recovery - Introduction of a national procedural rule aimed specifically at hindering recovery - Not permissible

Summary

A national legislature may not, subsequent to a judgment of the Court from which it follows that certain legislation is incompatible with the Treaty, adopt a procedural rule which specifically reduces the possibilities of bringing proceedings for recovery of taxes which were wrongly levied under that legislation .
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1 . Agriculture - Common organization of the markets - Milk and milk products - Premium for the non-marketing of milk - Transfer of a holding by a producer having entered into undertakings not to market milk - Forced sale - Inclusion - Purchaser not willing to take over undertakings - Force majeure - Absence - Limits

( Council Regulation No 1078/77, Art . 6 ( 1 ); Commission Regulation No 1391/78, Art . 9 ( 4 ) and ( 12 ), as amended by Regulation No 1799/79 )

2 . Agriculture - Common organization of the markets - Milk and milk products - Premium for the non-marketing of milk - Undertakings entered into by the producer - Partial failure to comply - Consequence - Premiums to be refunded in their entirety

( Council Regulation No 1078/77, Arts 6 ( 1 ) and 11 ( 1 ); Commission Regulation No 1391/78, Art . 9 ( 1 ) )

Summary

1 . The terms "person who takes over" and "successor" in Article 6 ( 1 ) of Council Regulation No 1078/77 of 17 May 1987 and the term "transfer" in Article 9 ( 4 ) of Commission Regulation No 1391/78 of 23 June 1978, adopted for the purpose of implementing the former regulation, must be interpreted as meaning that they also refer to the change in ownership of an agricultural holding as the result of a forced sale by court order .

The change in ownership of an agricultural holding as the result of a forced sale by court order does not constitute a case of force majeure within the meaning of Article 12 of Commission Regulation No 1391/78 of 23 June 1978, as amended by Article 1 of Commission Regulation No 1799/79 of 13 August 1979, unless the forced sale of the holding is the consequence of an exceptional event beyond the control of the person farming the holding and thus constitutes for him an unforeseeable and unavoidable circumstance .

2 . Articles 6 ( 1 ) and 11 ( 1 ) of Council Regulation No 1078/77 of 17 May 1977 and Article 9 ( 1 ) of Commission Regulation No 1391/78 of 23 June 1978 must be interpreted as meaning that in the case of partial failure to comply with the undertakings under the premium scheme, the amounts of premium paid must be refunded in their entirety .
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Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Deduction of input tax paid - Obligations of the taxable person - Holding of an invoice containing certain information - Additional particulars required by Member States - Whether permissible - Conditions ( Council Directive 77/388/EEC, Articles 18 ( 1 ) ( a ) and 22 ( 3 ) ( a ) and ( b ) and ( 8 ) )

Summary

Articles 18 ( 1 ) ( a ) and 22 ( 3 ) ( a ) and ( b ) and 8 of the Sixth Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States relating to turnover taxes allow Member States to make the exercise of the right to deduction subject to the holding of an invoice which must contain, in addition to the minimum requirements of the Directive, certain particulars which are necessary in order to ensure the levying of value-added tax and permit supervision by the tax authorities . Such details must not, by reason of their number or technical nature, render the exercise of the right to deduction practically impossible or excessively difficult .
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1 . Officials - Non-contractual liability of the institutions - Cooperation of the institutions with the national police - Communication of information relating to the service which facilitated the arrest of an official - Service-related fault - Non-material damage - Obligation to pay compensation

2 . Officials - Obligation of the administration to assist officials - Scope - Limits

( Staff Regulations, Art . 24 )

Summary

1 . Although an institution is bound to provide the police of a Member State with the relevant information concerning an investigation being conducted into a criminal offence in which one of its officials is suspected of being involved, it is not entitled to supply information relating to the service, which as such is extraneous to the subject-matter of the investigation . The communication of information of this kind constitutes a service-related fault for which the institution is liable and obliges it to pay compensation for the non-material damage directly caused to the person concerned, whose arrest was thereby facilitated .

2 . It is clear from the actual terms of Article 24 of the Staff Regulations that the Community institutions are obliged to assist their officials only in the event of actions on the part of third parties to which the officials are subjected by reason of their position or duties . No such duty of assistance may be relied upon in the case of coercive measures taken against an official by national police as a result of the personal conduct of the official, who is prosecuted for an offence unconnected with the performance of his duties .
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1 . Agriculture - Common agricultural policy - Financing by the EAGGF - Conformity of expenditure with Community rules - Measures for the conservation of fishery resources

( EEC Treaty, Art . 38; Regulation No 729/70 of the Council, Arts 2 and 3 )

2.Fisheries - Common organization of the markets - Export refunds - Fishery products subject to catch quotas - Exceeding of national quota - Obligation of the Member State concerned not to pay refunds

( EEC Treaty, Art . 5; Regulation No 729/70 of the Council, Art . 2, and Council Regulation No 3796/81 )

3.Agriculture - EAGGF - Clearance of accounts - Refusal to charge to the EAGGF expenditure arising from irregularities in the application of Community rules - Contestation by the Member State concerned - Burden of proof

( Regulation No 729/70 of the Council )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the Kingdom of the Netherlands to pay the costs .
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Common Customs Tariff - Tariff headings - "Original lithographs" for the purposes of Heading 99.02 - Proofs printed from an original design executed by hand by the artist - Use of a mechanical printing process or a transfer technique allowing multiple impressions to be made - Number of proofs - Not a decisive criterion as regards the original nature of the lithographs

Summary

Proofs printed from a plate wholly executed by hand by the artist are to be regarded as original lithographs for the purposes of Heading 99.02 of the Common Customs Tariff even if the printing has been made by means of a mechanical printing process . Proofs printed as a result of a reprinting process in which the original design made on special paper called transfer or Berlin paper is transferred several times, first from the transfer paper to the stone, then from the stone to fresh transfer paper which in turn is transferred to a new stone to enable the print of a second series and so on until the desired number of multiple impressions is achieved are also to be regarded as original lithographs .

Although the number of proofs printed from a single original design may be evidence of the non-original nature of the work, it cannot in itself constitute a decisive criterion for the definition of an original lithograph .
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1.Officials - Action - Staff report - Prior submission of an official complaint - Optional

( Staff Regulations, Arts 90 and 91 )

2.Officials - Drawing-up of staff report - Delay - Irregularity incapable of leading to annulment - Award of compensation - Conditions - Damage - Maladministration

( Staff Regulations, Art . 43 )

3.Officials - Staff report procedure - Review by the Court - Limits

( Staff Regulations, Art . 43 )

4.Officials - Promotion - Consideration of comparative merits - Procedures - Taking account of staff reports - Incomplete personal file - Consequences

( Staff Regulations, Arts 43 and 45 )

5.Officials - Promotion - Administration' s discretion - Review by the Court - Limits

( Staff Regulations, Art . 45 )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
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European Communities' own resources - Establishment and making available by the Member States - Crediting to the Commission' s account - Belated crediting - Obligation to pay default interest - Error by the national authorities in accounts for resources - No effect

( Council Regulation No 2891/77, Arts 2, 8 and 11 )

Summary

Default interest is payable, by virtue of Article 11 of Regulation No 2891/77, in respect of "any delay" in crediting to the Commission' s account the Communities' own resources which are to be determined by the Member States, regardless of the reason for the delay in making the entry .

The period for making the entry in the accounts may be postponed pursuant to Article 8 of the aforementioned regulation where there is a new establishment pursuant to Article 2, but that is not so where the error of the competent national authorities occurred not at the stage of the establishment and calculation of the claim but at that of the purely internal accounting thereof as an own resource .
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1 . Transport - Maritime transport - Accession by Member States to the Code of Conduct for Liner Conferences - No obligation

( Council Regulation No 954/79 )

2 . Transport - Maritime transport - Cargo-sharing agreement between a Member State and a non-member country - Observance of Community law - Equal access to traffic for all Community shipping lines - Application of the agreement delegated to shipping lines - Permissibility

( Council Regulations Nos 4055/86, Article 1, and 4056/86, Article 7(2)(b)(i ) )

Summary

1 . Regulation No 954/79 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences, which simply lays down certain obligations which Member States that accede to the code must observe in order to ensure that the code is applied in a manner consistent with Community law and does not set a time-limit within which accession must take place, does not oblige Member States to take part in the Convention .

2 . A Member State which is a party to a cargo-sharing arrangement with a non-member country is bound to ensure access to the trade share allocated to its shipowners by the agreement both to Community shipping lines which are members of the conference concerned, pursuant to Article 1 of Regulation No 4055/86 applying the principle of freedom to provide services to maritime transport, and to lines which are not members of the conference, pursuant to Article 7(2)(b)(i ) of Regulation No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport .

The fact that the application of such an agreement is delegated to private parties cannot prejudice observance of Community law, since the Member State which is a party to the agreement must adopt the necessary internal measures to ensure that its shipowners grant other Community companies rights of access in accordance with the Community obligations of that State .