ddrg/super_eurlex huggingface dataset:
A national law containing no substantive provision transposing a directive but merely empowering an authority subsequently to adopt the requisite substantive provisions, cannot be regarded as effecting a complete and accurate transposition of that directive.

In order to justify its failure to observe the obligations and time-limits laid down in a directive, a Member State may not rely on circumstances in its internal legal system, or on non-implementation of that directive at Community level, or on the fact that failure to adopt measures to transpose that directive has had no adverse consequences for the functioning of the internal market.
The notification referred to in Article 2(1) of Directive 91/533 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship, in so far as it informs an employee of the essential aspects of the contract or employment relationship and, in particular, of the points listed in Article 2(2)(c), enjoys the same presumption as to its correctness as would attach, in domestic law, to any similar document drawn up by the employer and communicated to the employee. The employer must none the less be allowed to bring any evidence to the contrary, by showing that the information in the notification is either inherently incorrect or has been shown to be so in fact.

Individuals may rely on Article 2(2)(c) of Directive 91/533 directly before the national courts as against the State and any organizations or bodies which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable to relations between individuals, either where the State has failed to transpose the Directive into national law within the prescribed period or where it has not done so correctly.

Article 2(2)(c) clearly and unequivocally lists a number of the essential aspects of the contract of which an employer is obliged to notify an employee, namely ‘the title, grade, nature or category of the work for which the employee is employed’ or ‘a brief specification or description of the work’. Furthermore, the fact that that provision allows the Member State to choose between two categories of information to be notified to the employee does not render it impossible to determine with sufficient precision, on the basis of the provisions of the Directive alone, the content of the rights thus conferred on individuals, the scope of which is not in the discretion of the Member State whichever choice it makes.
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Social security for migrant workers - Benefits - National rules against overlapping - Non-applicability to recipients of benefits of the same kind calculated in accordance with Regulation No 1408/71 - Benefits of the same kind - Criteria - Survivor's pension and retirement pension enjoyed in recipient's own right - Benefits of different kinds

(Council Regulation No 1408/71, Art. 12(2))

Summary

Social security benefits must be regarded as being of the same kind within the meaning of Article 12(2) of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, when their purpose and object as well as the basis on which they are calculated and the conditions for granting them are identical. Benefits calculated on the basis of periods of insurance completed by different persons cannot be treated as benefits of the same kind.

Consequently, Article 12(2) of Regulation No 1408/71 does not preclude a Member State from applying a rule against overlapping under which, when calculating a survivor's pension awarded under its own legislation on the basis of the deceased spouse's working life, account is to be taken of benefits to which the survivor is entitled in his or her own right in another Member State where those benefits are to be classified as retirement pensions or other equivalent benefits under the legislation of the first Member State. It is for the national court to decide on the classification, for the purpose of applying that rule against overlapping, of the benefits in question.
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1 Free movement of goods - Community transit - Simplified customs procedures - Authorised consignor status - Granting of status by customs authorities on the basis of Articles 398 to 405 of Regulation No 2454/93

(Council Regulation No 2913/92, Art. 76(4); Commission Regulation No 2454/93, Arts 398 to 405)

2 Free movement of goods - Community transit - Simplified customs procedures - Authorised consignor status - Granting of status by customs authorities not dependent on whether it is possible to grant exemption from the obligation to present the goods at the customs office

(Commission Regulation No 2454/93, Art. 398)

Summary

3 Under Article 76(4) of Regulation No 2913/92 establishing the Community Customs Code, customs authorities may grant the status of authorised consignor only on the basis of Articles 398 to 405 of Regulation No 2454/93 laying down provisions for the implementation of Regulation No 2913/92.

4 Article 398 of Regulation No 2454/93 allows customs authorities to grant the status of authorised consignor even when it is no longer possible to exempt such consignor from the obligation to present the goods at the office of departure because they have already been presented to customs.
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Preliminary rulings - Jurisdiction of the Court - Case pending before the national court rendered devoid of purpose - No need to give a ruling

(EC Treaty, Art. 177)

Summary

It is clear from both the wording and the scheme of Article 177 of the Treaty that a national court or tribunal is not empowered to bring a matter before the Court of Justice by way of a reference for a preliminary ruling unless a case is pending before it, in which it is called upon to give a decision which is capable of taking account of the preliminary ruling. The justification for a preliminary reference is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute.

Accordingly, there is no need for the Court to reply to a question referred where the claims of the applicant in the main proceedings have been satisfied in full, with the result that the case pending before the national court has no purpose and that any reply to the question referred would be of no avail to that court.
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1 Social security for migrant workers - Orphans' benefits - Benefits payable by the State in which the recipient resides - Entitlement to benefits having come to an end by reason of an age-limit - Acquisition, through application of the rule on aggregation, of entitlement to benefits in another Member State - None

(Council Regulations Nos 1408/71, Art. 78(2)(b), and 2001/83)

2 Social security for migrant workers - Community rules - Replacing social security conventions concluded between Member States - Limit - Replaced because more advantageous for the person concerned - Subsequent calling into question - Not permissible

(EC Treaty, Arts 48 and 51; Council Regulation No 1408/71)

Summary

1 On a proper construction of Article 78(2)(b) of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, Article 78(2)(b)(ii) does not become applicable in circumstances where a right to orphans' pension, which initially arose under Article 78(2)(b)(i) in the Member State in which the recipient resides, has been lost by reason of the attainment of an age-limit, while in another Member State, whose legislation was also applicable to the insured person, a right to orphans' pension would run beyond that date on application of the rule on aggregation laid down in Article 79 of the regulation.

2 Articles 48 and 51 of the Treaty preclude the loss of social security advantages for workers which would result from the inapplicability, following the entry into force of Regulation No 1408/71, of a bilateral social security convention. However, that principle cannot apply in so far as, when the benefits are set under the regulation for the first time, a comparison has already been made of the advantages resulting from the regulation and the convention, respectively, whose outcome was that it was more advantageous to apply the regulation than the convention.
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Social policy - Men and women - Access to employment and working conditions - Equal treatment - Dismissal of an employee during pregnancy owing to absences through pregnancy-related illness - Not permissible - Inclusion of absences through pregnancy-related illness and maternity leave in the computation of cumulative absences which, under a contractual provision, allow dismissal - Not permissible

(Council Directive 76/207, Arts 2(1) and 5(1))

Summary

Articles 2(1) and 5(1) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions preclude dismissal of a female worker at any time during her pregnancy for absences due to incapacity for work caused by an illness resulting from that pregnancy.

In that regard, the fact that a female worker has been dismissed during her pregnancy on the basis of a contractual term providing that the employer may dismiss employees of either sex after a stipulated number of weeks of continuous absence is irrelevant.

Dismissal of a female worker during pregnancy for absences due to incapacity for work resulting from her pregnancy is linked to the occurrence of risks inherent in pregnancy and must therefore be regarded as essentially based on the fact of pregnancy. Such a dismissal can affect only women and therefore constitutes direct discrimination on grounds of sex. However, where pathological conditions caused by pregnancy or childbirth arise after the end of maternity leave, they are covered by the general rules applicable in the event of illness. It follows that, where an illness of that kind arose during pregnancy and persisted during and after maternity leave, a worker's absence not only during maternity leave but also during the period extending from the start of her pregnancy to the start of her maternity leave cannot be taken into account for computation of the period justifying her dismissal under national law. As to her absence after maternity leave, this may be taken into account under the same conditions as a man's absence, of the same duration, through incapacity for work.
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Social security for migrant workers - Old-age pension and life assurance - Calculation of benefits - Determination of the theoretical amount - Inclusion of the amount necessary to attain the statutory minimum pension in a Member State

(Council Regulation No 1408/71, Arts 10a, 46(2)(a) and 50)

Summary

Article 46(2)(a) of Regulation No 1408/71 must be interpreted as requiring the competent institution, in determining the theoretical amount of the pension on which the calculation of the pro rata pension is based, to take into account a supplement intended to bring the pension to the level of the statutory minimum.

A benefit such as the supplement in question cannot be considered to be excluded from the scope of Article 46 by reason of the adoption of Article 10a of Regulation No 1408/71, as amended by Regulation No 1247/92, which provides that the special non-contributory benefits listed in Annex IIa of Regulation No 1408/71 are not to be transferable to Member States other than the Member State in which the worker is resident. As Article 10a is a derogation from a regulation which is intended to improve the situation of employed persons, self-employed persons and members of their families moving within the Community, it calls for a strict interpretation. The possibility of exporting a benefit such as the supplement intended to bring the pension to the level of the statutory minimum in a Member State is not in any way connected with the question of determining the theoretical amount of a pension.

In addition, the method of calculation referred to in Article 46(2)(a), which relates to the determination of the theoretical amount of a pension, is distinct from the situation referred to in Article 50 of Regulation No 1408/71 which relates to the award of a supplementary payment in excess of the minimum payable in application of the normal rules under a particular national legal system.
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1 Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - Member States' duty to prohibit the sale of products not giving information in a language easily understood by purchasers - Scope - National legislation prescribing the use of a specific language and, as an alternative, the use of another language easily understood by purchasers - Whether permissible

(Council Directive 79/112, Art. 14)

2 Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - Obligation to display the compulsory particulars on the labelling itself - Supplementary sign displayed in the shop - Not sufficient

(Council Directive 79/112, Art. 14)

Summary

1 Article 14 of Directive 79/112, concerning the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer does not preclude national legislation which, as regards language requirements, prescribes the use of a specific language for the labelling of foodstuffs but also permits, as an alternative, the use of another language easily understood by purchasers.

It is for the national court to assess, in the light of all the circumstances of each individual case, the ease with which the information supplied can be understood. That assessment must be made in respect of each of the particulars required by the directive and must take account of the fact that the directive provides for the possibility of stating the required particulars not only by using a language but also by means of other measures such as designs, symbols or pictograms.

2 All the compulsory particulars specified in Directive 79/112, concerning the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer, must appear on the labelling in a language easily understood by consumers of the State or the region in question, or by means of other measures such as designs, symbols or pictograms. The placing in the shop of a supplementary sign adjacent to the product in question is not sufficient to ensure that the ultimate consumer is informed and protected.
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Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Scope - Situation where an undertaking which has entered into a cleaning contract with another undertaking terminates that contract in order to carry out the cleaning of its premises itself - Covered - Conditions

(Council Directive 77/187, Art. 1(1))

Summary

Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that the Directive applies to a situation in which an undertaking which used to entrust the cleaning of its premises to another undertaking decides to terminate its contract with that other undertaking and in future to carry out the cleaning work itself, provided that the operation is accompanied by the transfer of an economic entity between the two undertakings. The term `economic entity' refers to an organised grouping of persons and assets enabling an economic activity which pursues a specific objective to be exercised. The mere fact that the maintenance work carried out first by the cleaning firm and then by the undertaking owning the premises is similar does not justify the conclusion that a transfer of such an entity has occurred.
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1 Agriculture - Common organisation of the markets - Milk and milk products - Import levies - Specific levies on `Kashkaval' cheese - Definition - Cheese made exclusively from sheep's milk

(Commission Regulation No 1767/82)

2 Agriculture - Common organisation of the markets - Milk and milk products - Import levies - Specific levies provided for in Regulation No 1767/82 - Conditions for applying - Production of an IMA 1 certificate - Certificate not in compliance with the instructions set out in the annexes to the regulation - Excluded from the preferential system

(Commission Regulation No 1767/82)

Summary

3 The Kashkaval cheese referred to in Regulation No 1767/82 laying down detailed rules for applying specific import levies on certain milk products is Kashkaval cheese made exclusively from sheep's milk, and does not include cheese made from cows' milk.

4 An IMA 1 certificate - production of which is a precondition for application of one of the specific levies provided for in Regulation No 1767/82 - completed in a manner contrary to the instructions set out in the annexes to Regulation No 1767/82 does not satisfy the requirements of that regulation; products imported under such a certificate may thus not benefit from the preferential rate.
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Transport - Road transport - Social legislation - Exemptions - Carriage of passengers on regular services - Concept - Present case

(Council Regulations Nos 3820/85, Arts. 1(7) and 4(3) and 684/92, Arts. 2(1) and 21(2))

Summary

It follows from Article 1(7) of Regulation No 3820/85, on the harmonisation of certain social legislation relating to road transport, in conjunction with Articles 21(2) and 2(1) of Regulation No 684/92 on common rules for the international carriage of passengers by coach and bus, that a service is `regular', for the purposes of the exempting provision in Article 4(3) of Regulation No 3820/85, where passengers are conveyed at specified intervals along specified routes and, in the case of special regular services, where those passengers belong to specified categories.

In that connection, the conditions as to provision of the service at specified intervals along a specified route require the frequency of the service to be specified with precision and to be characterised by a degree of regularity, and also that there must be a defined route along which passengers may be taken up and set down at predetermined stopping points. `Specified categories of passengers' must be understood as referring to passengers sharing the same status, such as workers, school pupils, students and soldiers.

A passenger transport service, supplied on a number of occasions pursuant to a block reservation made by a tour operator and providing for a single journey from an airport to a hotel with a stop, on occasions, at a tourist attraction, where the precise route to be taken is not predetermined, does not therefore constitute a regular service, as defined above.
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1 Competition - Community rules - Obligations of the Member States - Setting of road-haulage tariffs by the State - Compatibility - Conditions - Concepts of general interest and public interest

(EC Treaty, Arts 3(g), 5, 85, 86 and 90)

2 Competition - Community rules - Obligations of the Member States - Setting of road-haulage tariffs by the State - Collective agreements allowing derogation from compulsory tariffs which are enforceable against operators who have not signed them - Restriction of competition - Excluded

(EC Treaty, Art. 85)

Summary

1 Articles 3(f) and (g), 5, 85, 86 and 90 of the Treaty do not preclude legislation of a Member State which provides for road-haulage tariffs to be approved and brought into force by the State on the basis of proposals of a central committee the majority of whose members are representatives of the economic agents concerned and which extends the mandatory tariffs applicable in the field of contracts for the carriage of goods by road to other types of contracts, relating to different services, such as, in particular, contracts under invitations to tender and contracts for hire, provided that the tariffs are fixed with due regard for the public-interest criteria defined by law and the public authorities do not hand over their prerogatives to private economic agents in taking into account, before the approval of proposals, of the observations of other public and private bodies and even by fixing tariffs ex officio.

In that context, it is for the Member States to determine the specific criteria of public interest, in the sense that the interests of the collectivity have to prevail over private interests, which best allow the Community rules of competition to be observed.

It is for the national court to determine, in the exercise of its jurisdiction, that in practice tariffs are fixed subject to observance of the public-interest criteria defined by the law and that the public authorities are not handing over their prerogatives to private economic agents.

2 Under a national system of mandatory road-haulage tariffs, the fact that collective agreements can be concluded allowing certain derogations from them does not have the effect of restricting competition within the meaning of Article 85 of the Treaty, even if such agreements are enforceable, under national law, against operators who have not signed them.
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Freedom of movement for persons - Freedom of establishment - Freedom to provide services - Doctors - Directive 93/16 - Specific training in general medical practice - Conditions of access - Whether the diploma referred to in Article 3 of the directive must first be obtained - Not a condition

(Council Directive 93/16, Arts 3 and 31)

Summary

Article 31 of Directive 93/16 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications does not make access to specific training in general medical practice subject to the condition that a diploma, certificate or other evidence of formal qualifications referred to in Article 3 of the directive must first be obtained.

Neither the terms of Article 31 nor the scheme of Directive 93/16, nor indeed the nature of the activities which a trainee must pursue in the course of his specific training in general medical practice, require that person to have obtained a basic diploma referred to in Article 3 of the directive before starting specific training in general medical practice.

It is for the Member States to determine whether, and if so to what extent, the participation of a person undergoing training in general medical practice in the professional activities and responsibilities of the persons with whom he works in the course of his training means that he should hold the diploma, certificate or other evidence of formal qualifications referred to in Article 3 of that directive.
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Actions for failure to fulfil obligations - Consideration of the merits by the Court - Situation to be taken into account - Situation as it stood at the end of the period laid down in the reasoned opinion

(EC Treaty, Art. 169)

Summary

In proceedings pursuant to Article 169 of the Treaty, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in the Member State as it stood at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes.