ddrg/super_eurlex huggingface dataset:
Keywords

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1.Free movement of persons - Worker - Concept - Existence of an employment relationship - Effective and genuine activity - Other considerations of no consequence

( EEC Treaty, Art . 48 )

2.Free movement of persons - Worker - Concept - National of a Member State employed in another Member State under a scheme for rehabilitation or reintegration - Excluded

( EEC Treaty, Art . 48 )

Summary

1.The term "worker" in Article 48 of the Treaty has a Community meaning . It must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned . The essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration . As long as an effective and genuine activity is pursued, the level of productivity, the source of the funds from which the remuneration is paid and the nature of the legal relationship between the employee and the employer are of no consequence in regard to whether or not a person is to be regarded as a worker .

2.Activities pursued under national rules intended to provide work for the purpose of maintaining, re-establishing or developing the capacity for work of persons who, by reason of circumstances relating to their situation, are unable to take up employment under normal conditions cannot be regarded as an effective and genuine economic activity if it constitutes merely a means of rehabilitation or reintegration for the persons concerned . For that reason, a national of a Member State employed in another Member State under such a scheme cannot on that basis alone be regarded as a worker for the purposes of Article 48(1 ) of the Treaty .
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1.Common commercial policy - Protection against dumping practices - Conduct of the procedure - Duration exceeding one year - Whether permissible - Condition - Reasonable period

( Council Regulation No 3017/79, Art . 7(9 ) )

2.Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the normal value - Factor to be given priority - Price charged in the ordinary course of trade - Impossibility of taking it into account owing to the low sales of the representative exporting undertakings on the domestic market - Constructed value

( Council Regulation No 3017/79, Art . 2B(3)(a ) and ( b ) )

3.Common commercial policy - Protection against dumping practices - Imposition of definitive anti-dumping duties - Retroactive effect - Prohibited - Derogation - Retroactive effect covering the period of application of the provisional anti-dumping duties - Absence of transitional provisions applicable to imports effected in pursuance of earlier contracts - Principle of the protection of legitimate expectation - Breach - None

Council Regulation No 3017/79, Arts 11, 12 and 13(4)(a ) )

Summary

1.The one-year period provided for in Article 7(9 ) of Regulation No 3017/79 for the conduct of anti-dumping proceedings is a guide rather than a mandatory period, as is clear both from the wording of the provision in question and from the nature of the anti-dumping proceedings, whose progress does not depend solely on the efforts of the Community authorities . However, it follows from that provision that the anti-dumping proceeding must not be extended beyond a reasonable period to be assessed according to the particular circumstances of each case .

2.In a situation where, in the course of an investigation, it appears that the undertakings whose representativity concerning exports to the Community has caused them to be chosen for the establishment of the factors from which the dumping margin is to be determined sell only limited quantities on their domestic market, so that the normal value of the dumped products cannot be determined from the prices actually paid or payable in the ordinary course of trade, Article 2B(3)(b ) of Regulation No 3017/79 allows recourse to the constructed value .

3.The prohibition on the imposition of retroactive anti-dumping duties enunciated in Article 13(4)(a ) of Regulation No 3017/79 is not absolute . There are exceptions, in particular where the retroactive effect of the regulation imposing a definitive anti-dumping duty covers the period of application of the provisional anti-dumping duty imposed by an earlier regulation .

If an anti-dumping proceeding is in progress, a circumspect and prudent trader knows or ought to know that the imposition of an anti-dumping duty is possible and can therefore take that possibility into account when entering into contractual obligations . For this reason, the fact that the imposition of an anti-dumping duty is not accompanied by transitional measures for transactions effected pursuant to earlier contracts is not contrary to the principal of the protection of legitimate expectations .
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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 ) )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
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1 . Agriculture - Common agricultural policy - Expenditure financed by the EAGGF - Decision relating to the clearance of accounts - Decision subject to reservations - Permissible in view of the fact that the time-limit for the Commission' s decision is not mandatory

( Council Regulation No 729/70, Art . 5(2)(b ) )

2 . Agriculture - EAGGF - Clearance of accounts - Refusal to accept expenditure arising from irregularities in the application of Community legislation - Limitation by the Commission to the cost to the EAGGF of the irregularities - Disagreement on the cost calculated by the Commission - Burden of proof on the Member State concerned

( Council Regulation No 729/70 )

3 . Community law - Principles - Force majeure - Concept - Non-performance of an export sales contract attributable to the purchaser - Not included

4 . Agriculture - Common organization of the markets - Export licences - Community provisions allowing account to be taken of force majeure - Application by the Member States - Commission' s right of review - Manner of exercise - Action for failure to fulfil obligations or procedure for the clearance of EAGGF accounts

( EEC Treaty, Art . 169; Council Regulation No 729/70; Commission Regulation No 3183/80, Art . 37(5 ) )

5 . Agriculture - Common agricultural policy - Financing by the EAGGF - Principles - Refusal to charge to the fund expenditure incurred in breach of Community legislation - Application of the de minimis rule - Not applicable

( Council Regulation No 729/70 )

6 . Agriculture - Common agricultural policy - Financing by the EAGGF - Principles - Costs incurred by a national intervention agency as a result of the unwarranted delay of the Commission in replying to a reasonable enquiry for information - Chargeable to the fund

( Council Regulation No 729/70 )

Operative part

( 1 ) Declares void Commission Decision 87/468/EEC of 18 August 1987 on the clearance of the accounts presented by the Member States in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1984 in so far as the Commission has not charged to the European Agricultural Guidance and Guarantee Fund the amount representing the storage costs of a consignment of olive-residue oil for the period from 14 March to 7 August 1984;

( 2 ) Dismisses the remainder of the application;

( 3 ) Orders the Hellenic Republic to pay the costs .
Judgment of the Court of 27 April 1989. - Commission of the European Communities v Italian Republic. - Failure by a State to fulfil its obligations - Failure to transpose a directive into national law - Rules relating to health measures on the importation of fresh meat and animals of certain species. - Case 324/87.



European Court reports 1989 Page 01013

Pub.RJ Page Pub somm



Summary

Parties

Operative part



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1.Measures adopted by the institutions - Directives - Implementation by the Member States - Need for full and exact implementation

( EEC Treaty, Art . 189, third paragraph )

2.Member States - Obligations - Implementation of directives - Failure - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Summary

1 . The Member States are under a duty to ensure that the provisions of all directives are fully and exactly implemented ( see judgment of 18 March 1980 in Case 91/79 Commission v Italy (( 1980 )) ECR 1099 ).

2.A Member State may not rely on the provisions, practices or situations in its internal legal order to justify a failure to comply with the obligations and time-limits laid down by directives .

Parties

In Case 324/87

Commission of the European Communities, represented by Guido Berardis, a member of its Legal Department, 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

Italian Republic, represented by Professor Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs in the Ministry of Foreign Affairs, acting as Agent, assisted by Ivo Braguglia, avvocato dello Stato, with an address for service in Luxembourg at its Embassy,

defendant,

APPLICATION for a declaration that, by failing to adopt within the prescribed period the provisions needed to comply with Council Directive 83/91 of 7 February 1983 amending Directive 72/462 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries and Directive 77/86 on the examination of trichinae upon importation from third countries of fresh meat derived from domestic swine ( Official Journal 1983, L 59, p . 34 ), the Italian Republic has failed to fulfil its obligations under the EEC Treaty,

THE COURT,

composed of : O . Due, President, T . Koopmans and F . Grévisse ( Presidents of Chambers ), G . F . Mancini, C . N . Kakouris, F . A . Schockweiler, J . C . Moitinho de Almeida, M . Díez de Velasco and M . Zuleeg, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1)Declares that, by failing to adopt within the prescribed period provisions needed to comply with Council Directive 83/91 of 7 February 1983 amending Directive 72/462 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries and Directive 77/96 on the examination for trichinae upon importation from third countries of fresh meat derived from domestic swine, the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

( 2)Orders the Italian Republic to pay the costs .
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1 . Officials - Promotion - Statement of reasons - Obligation - None

( Staff Regulations of Officials, Art . 45 )

2 . Officials - Promotion - Discretion of the administration - Review by the Court - Limits

( Staff Regulations of Officials, Art . 45 )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Prohibition on the marketing of foodstuffs containing more than a given quantity of a particular ingredient - Not permissible - Justification - Fairness of commercial transactions - Consumer protection - Conditions - Application of less restrictive measures

( EEC Treaty, Art . 30 )

Operative part

( 1)Declares that, by not permitting the sale in its territory of prepared meat and meat preparations containing more than a given quantity of edible gelatine which originate in another Member State where they were lawfully produced and marketed, the Kingdom of Belgium has failed to fulfil its obligations under Article 30 of the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs .
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Social policy - Male and female workers - Equal pay - National legislation excluding certain part-time workers from the continued payment of wages in the event of illness - Exclusion affecting mainly female workers - Not permissible unless objectively justified

( EEC Treaty, Art . 119 )

Summary

Article 119 of the Treaty precludes national legislation which permits employers to exclude employees whose normal working hours do not exceed 10 hours a week or 45 hours a month from the continued payment of wages in the event of illness, if that measure affects a far greater number of women than men, unless the Member State shows that the legislation concerned is justified by objective factors unrelated to any discrimination on grounds of sex, which concern one of the essential aims of its social policy .
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Social security for migrant workers - Old-age and death insurance - Benefits - Alteration in the method of determining the amount thereof - Recalculation - Limits - Alteration not affecting pensions awarded before it came into force ( Council Regulation No 1408/71, Art . 51(2 ) )

Summary

An alteration in the method of determining the minimum old-age benefit provided for in the legislation of a Member State falls within the scope of Article 51(2 ) of Regulation No 1408/71 and gives rise to a recalculation pursuant to Article 46 of that regulation .

However, an alteration in the method of determining or the rules for calculating old-age benefits which, under national law, does not apply to pensions paid before that alteration came into force does not require the Member State concerned to carry out a recalculation .
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Fisheries - Conservation of marine resources - Measures for monitoring catches associated with the conservation policy - Not applicable to catches taken under agreements concluded between the Community and certain developing countries - Commission regulation extending to the waters of developing countries an obligation to make declarations imposed as part of the Community conservation system - Unlawful

( Council Regulations Nos 170/83 and 2241/87, Art . 10; Commission Regulation No 3151/87 )

Summary

Although the implementation of certain fisheries agreements concluded by the Community with non-member countries falls within the scope of the Community system for the conservation and management of fishery resources established by Council Regulation No 170/83, which served as the basis for the adoption of Council Regulation No 2241/87 establishing certain control measures for fishing activities , the position is different in the case of agreements concluded with developing countries . The latter agreements are based on the principle of financial compensation for the fishing rights obtained by the Community and the zones in respect of which they grant fishing rights are not subject to the Community system of total allowable catches and quotas; consequently the Community system for monitoring catches cannot apply in such zones .

It follows that the Commission was not entitled to rely on Article 10 of Regulation No 2241/87 to extend, as it did by means of Regulation No 3151/87, the application of certain provisions of that regulation concerning catch declarations to stocks not subject to total allowable catches or quotas caught by Community vessels in the maritime waters under the sovereignty or jurisdiction of developing countries under an agreement between the Community and one of those countries . Regulation No 3151/87 must therefore be declared void .
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1 . Competition - Administrative procedure - Request for information - Powers of the Commission

( Council Regulation No 17, Arts 11 and 14 )

2 . Community law - Principles - Rights of the defence - Observance in administrative procedures - Competition - Decision requesting information addressed to an undertaking - Right to refuse to provide an answer implying recognition of the existence of an infringement

( Council Regulation No 17, Art . 11 )

Operative part

( 1)Annuls Questions II(1)(c ) and III(1 ) and ( 2 ) of Commission Decision IV/31.865 of 24 November 1987 relating to a proceeding under Article 11(5 ) of Regulation No 17 of the Council of 6 November 1962, the first regulation implementing Articles 85 and 86 of the EEC Treaty;

( 2)Dismisses the remainder of the application;

( 3)Orders the parties to bear their own costs .
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Agriculture - Common organization of the markets - Eggs - Marketing standards - Marking of eggs or packs - Marking with the date on which the eggs were laid - Prohibition - Legality

( Regulation No 2772/75 of the Council, Art . 15 )

Summary

In view of the need to reconcile the interests of producers and of consumers, and the at times divergent interests of different categories of producers, the Community institutions do not appear, by prohibiting traders under Article 15 of Regulation No 2772/75 from marking the eggs marketed by them with the date on which they were laid, to have committed any manifest errors in their overall assessment of the situation and the nature of the measures required or to have exceeded, in one way or another, the general limits of their discretion .
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1.Member States - Obligations - Obligation to act in the place of the Council whenever it fails to act - None

( EEC Treaty, Art . 5 )

2.Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Sale by taxable persons of second-hand goods purchased from non-taxable persons - National rules which do not allow account to be taken of the residual tax contained in the purchase price - Not incompatible with the Community rules as they now stand

( Council Directive 77/388/EEC, Art . 32 )

Summary

1.Although it is true that if the Council fails to adopt measures falling within the exclusive competence of the European Communities, there can be no fundamental objection in certain cases to Member States' maintaining or introducing, pursuant to the duty to cooperate imposed on them by Article 5 of the Treaty, national measures designed to achieve Community objectives, no general principle can be inferred from that fact requiring the Member States to act in the place of the Council whenever it fails to adopt measures falling within its province .

2.Community law and the Community rules governing VAT do not, as they now stand, preclude national legislation which, for the purpose of calculating the VAT payable on the turnover arising from the sale of second-hand goods, does not allow account to be taken of the tax still contained in the price of goods which have been purchased from non-taxable individuals with a view to their resale .

Until the Community legislature has taken action and in so far as nowhere in the common system of value-added tax, as it stands at present, are to be found the necessary bases for determining and laying down detailed rules for applying a common system of taxation enabling double taxation to be avoided in trade in second-hand goods, it is necessary to continue to apply Article 32 of the Sixth Directive, which merely authorizes Member States that apply a special system of VAT to second-hand goods to retain that system but does not impose on them any obligation to introduce such a system if none exists .
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1 . Tax provisions - Harmonization of legislation - Indirect taxes on the raising of capital - Prohibition on the collection of capital duty where contributions have no effect on the assets of the company - Right of individuals to rely on the relevant provision

( Council Directive 69/335, Art . 4(2)(b ) )

2 . Tax provisions - Harmonization of legislation - Indirect taxes on the raising of capital - Absorption of a company' s losses by a shareholder pursuant to a profit and loss transfer agreement concluded before the losses are determined - Increase in the assets of the company - None

( Council Directive 69/335, Art . 4(2)(b ) )

Summary

1 . A taxable person may, in proceedings before a national court, rely on Article 4(2)(b ) of Directive 69/335 concerning indirect taxes on the raising of capital, which prohibits Member States from seeking to collect capital duty when a contribution received by the company does not increase its assets . That prohibition is by its very nature precise and unconditional .

2 . The absorption of a company' s losses by a shareholder, pursuant to a profit and loss transfer agreement concluded before those losses are determined does not increase the assets of that company for the purposes of Article 4(2)(b ) of Directive 69/335 concerning indirect taxes on the raising of capital .
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1 . Agriculture - Common organization of the markets - Milk and milk products - Special rights of Milk Marketing Boards - Purchase of milk produced and marketed "without processing" - Concept - Pasteurized milk - Included

( Council Regulation No 804/68, Art . 25(1)(a ), as amended by Regulation No 1421/78 and Regulation No 1422/78; Commission Regulation No 1565/79 )

2 . Agriculture - Common organization of the markets - Milk and milk products - Special rights of Milk Marketing Boards - Producers marketing milk otherwise than by sale to the Board - Requirement to pay contributions and other financial charges imposed by the Board - Permissibility - Conditions - Observance of the principle of proportionality

( Council Regulation No 1422/78, Art . 5(3 ) )

Summary

1 . The Milk Marketing Boards' exclusive right to buy milk referred to in Article 25(1)(a ) of Regulation No 804/68, as amended by Regulation No 1421/78, is exercisable in respect of pasteurized milk in the circumstances laid down in Regulation No 1422/78 concerning the granting of certain special rights to milk producer organizations in the United Kingdom and Regulation No 1565/79 of 25 July 1979 laying down rules for implementing it .

2 . A Milk Marketing Board is entitled as a matter of Community law to require a producer who produces pasteurized milk in a specific area of the United Kingdom and sells it there otherwise than to that Milk Marketing Board to pay contributions, whether the sale of the milk is by retail, by semi-retail or by wholesale, provided that such contributions satisfy the requirements of proportionality laid down in Article 5(3 ) of Regulation No 1422/78 . If such a producer contravenes the provisions of the relevant milk marketing scheme, he may be required to pay financial charges, provided that such charges are consistent with the general principles of Community law, in particular the principle of proportionality .