ddrg/super_eurlex huggingface dataset:
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Common Customs Tariff - Customs valuation - Transaction value - Determination - Harvest seed produced from basic seed supplied by the buyer - Licence fees payable by the buyer to the breeder of the basic seed for services performed within the Community - Fees to be added to the price paid

(Council Regulation No 1224/80, Art. 8(1)(b)(i) )

Summary

For the purposes of determining the customs value of harvest seed produced from basic seed supplied by the buyer, there should be added to the price paid or payable, in accordance with Article 8(1)(b)(i) of Council Regulation No 1224/80, licence fees which the buyer has to pay to the breeder of the basic seed in respect of the propagation of that seed, even where the breeder' s service has been performed within the customs territory of the Community.

In the first place, such licence fees must be attributed to the purchase of the basic seed, and form part of the price payable for that seed, which is then incorporated in the imported goods; in the second place there is no general principle which excludes from customs valuation services provided and goods produced within the customs territory of the Community.
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Actions against Member States for failure to fulfil obligations - Judgment of the Court declaring that a Member State had failed to fulfil its obligations - Non-compliance

(EEC Treaty, Arts 169 and 171)
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1. Tax provisions - Harmonization of laws - Tax exemptions for temporary imports of means of transport - 'Normal residence' for the purposes of Directive 83/182 - Meaning - Criteria

(Council Directive 83/182, Art. 7(1))

2. Tax provisions - Harmonization of laws - Tax exemptions for temporary imports of means of transport - Member States' obligation under Directive 83/182 to consult each other - Scope - Right of individuals to rely on the provision imposing that obligation - None

(Council Directive 83/182, Art. 10(2))

Summary

1. For the purposes of Article 7(1) of Directive 83/182 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another 'normal residence' corresponds to the permanent centre of interests of the person concerned, which must be determined with the aid of all the criteria set out in that provision and all the relevant facts. In that context it should be noted that the mere fact that a national of Member State B who has moved to Member State A, where he has found employment and accommodation, has after a certain date and for over a year spent almost every night and weekend with a woman friend in Member State B whilst retaining his employment and his accommodation in Member State A is not sufficient to justify the conclusion that he has moved his normal residence to Member State B.

2. Article 10(2) of Directive 83/182 requires the competent authorities of the Member States, where the practical application of the directive gives rise to difficulties, to take the necessary decisions by mutual agreement, which will enable them to cope with any future difficulties which may arise in individual cases. However, that provision does not require the Member States to cooperate in each individual case in which the application of the directive raises difficulties.

Since that provision requires the Member States to cooperate only if difficulties arise in applying the directive and thus leaves them a wide discretion, it may not be relied on by individuals before national courts.
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Member States - Obligations - Compliance with directives - Failure - Justification - Not acceptable

(EEC Treaty, Art. 169)

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A Member State may not plead provisions, practices or circumstances existing in its internal legal system to justify a failure to comply with obligations and time-limits laid down in Community directives.
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Free movement of goods - Community transit - Principle of the freedom of Community transit - Restrictive measures adopted on the basis of Article 36 of the Treaty - Permissibility - Transit of goods described as strategic material - Requirement for special authorization - Justification on public security grounds

(EEC Treaty, Art. 36; Council Regulation No 222/77)

Summary

The existence, as a consequence of the Customs Union, of a general principle of freedom of transit of goods within the Community does not, as Article 10 of Regulation No 222/77 affirms, have the effect of precluding the Member States from verifying the nature of goods in transit, pursuant to the Treaty, in particular Article 36. That article authorizes the Member States to impose restrictions on the transit of goods on grounds of public security, which covers both a Member State' s internal security and its external security, of which the latter manifestly requires to be taken into consideration in the case of goods capable of being used for strategic purposes.

Accordingly, the aforementioned regulation does not preclude the legislation of a Member State from requiring, on external security grounds, that special authorization must be obtained for the transit through its territory of goods described as strategic material, irrespective of the Community transit document issued by another Member State. However, the measures adopted by the Member State as a consequence of the failure to comply with that requirement must not be disproportionate to the objective pursued.
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1. Social policy - Approximation of laws - Transfers of undertakings - Maintenance of employees' rights - Directive 77/187 - Automatic transfer of all contracts of employment or employment relationships to the transferee by the mere fact of the transfer

(Council Directive 77/187, Art. 3(1))

2. Social policy - Approximation of laws - Transfers of undertakings - Maintenance of employees' rights - Directive 77/187 - Scope - Transfer of an undertaking made as part of a creditors' arrangement procedure having liquidation as its purpose - Not included - Transfer intended to allow an undertaking in difficulties to continue trading - Included

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

Summary

1. Article 3(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 all contracts of employment or employment relationships existing on the date of the transfer of an undertaking between the transferor and the workers employed in the undertaking transferred are automatically transferred to the transferee by the mere fact of the transfer. That transfer is binding on both the transferor and the transferee and on the employees' representatives, who may not agree different arrangements in an agreement with the transferor or the transferee and on the employees themselves, save that the employees may freely decide not to continue the employment relationship with the new employer after the transfer.

2. Article 1(1) of Council Directive 77/187 does not apply to transfers of undertakings made as part of a creditors' arrangement procedure of the kind provided for in the Italian legislation on compulsory administrative liquidation to which the Law of 3 April 1979 on special administration for large undertakings in critical difficulties refers. However, that provision of that directive does apply when, in accordance with a body of legislation such as that governing special administration for large undertakings in critical difficulties, it has been decided that the undertaking is to continue trading for as long as that decision remains in force.
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1. Approximation of laws ° Quality of water intended for human consumption ° Directive 80/778 ° Implementation by the Member States ° Obligation as to the result to be achieved if no recourse to authorized derogations

(Council Directive 80/778, Arts 7, 9, 10 and 20)

2. Approximation of laws ° Quality of water intended for human consumption ° Directive 80/778 ° Implementation by the Member States ° Obtaining of a longer period for compliance with the quality requirements specified in Annex I ° Belated submission of application ° Period within which directive to be implemented

(Council Directive 80/778, Arts 19 and 20)

3. Approximation of laws ° Quality of water intended for human consumption ° Directive 80/778 ° Maximum permissible concentrations ° Special rules for lead pipes

(Council Directive 80/778, Art. 7(5))

Summary

1. It follows from Article 7(6) of Directive 80/778 relating to the quality of water intended for human consumption that the Member States must take the steps necessary to ensure that water intended for human consumption at least meets the requirements specified in Annex I to the directive. The only derogations from that obligation are those provided for in Articles 9, 10 and 20. The directive therefore requires Member States to ensure that certain results are achieved and, except within the limits of the derogations laid down, they may not rely on special circumstances in order to justify a failure to discharge that obligation. The fact of having taken all practical steps cannot therefore justify failure to comply with the obligation.

2. A request made by a Member State, availing itself of the possibility offered under Article 20 of Directive 80/778, for a longer period for complying with the qualitative requirements for water intended for human consumption specified in Annex I must be made within the period laid down in Article 19 for implementation of the directive.

3. By virtue of Article 7(5) of Directive 80/778 relating to the quality of water intended for human consumption, account is to be taken of the comments in Annex I, which fixes values, for the purpose of interpreting those values.

In respect of lead content, those comments lay down special rules where water goes through lead pipes. Compliance by the Member States with their obligation to implement the directive must be assessed in the light of those rules.
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1. Convention on Jurisdiction and the Enforcement of Judgments - Prorogation of jurisdiction - Agreement conferring jurisdiction - Concept - Independent interpretation - Clause conferring jurisdiction contained in the statutes of a company limited by shares - Included - Validity as against shareholders - Conditions

(Convention of 27 September 1968, Art. 17, as amended by the 1978 Accession Convention)

2. Convention on Jurisdiction and the Enforcement of Judgments - Prorogation of jurisdiction - Agreement conferring jurisdiction - Scope - Disputes arising from a given legal relationship - Dispute between a company and its shareholders as such

(Convention of 27 September 1968, Art. 17, as amended by the 1978 Accession Convention)

Summary

1. The concept of "agreement conferring jurisdiction" in Article 17 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be regarded as an independent concept.

A clause contained in the statutes of a company limited by shares and adopted in accordance with the provisions of the applicable national law and those statutes themselves conferring jurisdiction on a court of a Contracting State to settle disputes between that company and its shareholders constitutes an agreement conferring jurisdiction.

The formal requirements laid down in Article 17 of the Convention must be considered to be complied with in regard to any shareholder, irrespective of how the shares were acquired, if the clause conferring jurisdiction is contained in the statutes of the company and those statutes are lodged in a place to which the shareholder may have access or are contained in a public register.

2. The requirement that a dispute arise in connection with a particular legal relationship, for the solution of which Article 17 of the Convention permits the assignment of jurisdiction by agreement, is satisfied if the clause conferring jurisdiction contained in the statutes of a company may be interpreted by the national court, which has exclusive competence in that regard, as referring to the disputes between the company and its shareholders as such.
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According to the Commission, for the purpose of Article 34 of the Treaty, ‘measures’ means laws, regulations, administrative provisions, administrative practices, and all instruments issuing from a public authority. According to the Commission, consistently applied case-law can give rise to such a measure in so far as it constitutes a series of judicial decisions issuing from public authorities. In support of that argument the Commission cites the judgment in Case 58/80 Dansk Supermarked v Imerco [1981] ECR 181. The Commission infers from the judgments in Case 15/79 Groenveld \Produktschat voor Vee en Vlees [1979] ECR 3409, Case 155/80 Oebel [1981] ECR 1993, Case 286/81 Oosthoek's Uitgeversmaatschappij [1982] ECR 4575, Case 172/82 Fabricants raffineurs d'huile de graissages Inter-Huiles [1983] ECR 555 and in Case 237/82 Jongeneel Kaas v Netherlands [1984] ECR 483 that for a measure to fall within the scope of Article 34 of the Treaty there must be both a specific restriction of patterns of trade and a difference in treatment providing a special advantage for national production or for the domestic market of the State in question. The Commission therefore maintains that it is necessary to establish whether the fact that the vendor cannot exempt himself from liability for latent defects in the goods sold is intended to restrict exports or has that effect. In the Commission's opinion, the case-law at issue certainly does not set out to achieve such a restriction of patterns of trade; its real aim is to ensure fair trading by providing better protection for purchasers of products. The purchaser is not qualified to discover latent defects at the time of purchase. This aim is similar to the aim pursued by Council Directive 83/374, cited earlier. Neither does the case-law of the French Cour de cassation have any effect on patterns of exports. Moreover, even if it did, all exports from the Member State concerned would be affected. The absence of any restrictive effect is due in the first place to the fact that expon contracts are subject to the doctrine of autonomy, under which the parties to an international contract are free to choose the law governing their contractual relations. The Commission points out that that principle was established in France by a judgment of the Cour de cassation of 5 December 1910. Consequently, where an export contract is involved traders may choose a law which does not contain the rule at issue. Moreover, leaving aside the fact that a rule which is not binding cannot have any effect on commercial conduct, the Commission claims that it has not been established that the inability to exempt oneself from liability for latent defects, where such liability exists, is a factor which impedes sales. On the contrary, a better guarantee for the goods sold is a not inconsiderable selling point. The Commission concludes therefore that the inability on the part of the vendor to exempt himself from liability is not intended to impede intra-Community trade, nor does it have such an effect.
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1. Harmonization of laws - Marketing of compound feedingstuffs - Directive 79/373 - Introduction into national legislation of the obligation to indicate the ingredients used in descending order of their proportion - Permissibility

(Council Directive 79/373, Art. 5(4)(b) and (7) )

2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Obligation to indicate the ingredients used in compound feedingstuffs in descending order of their proportion - Justification - Protection of health - Consumer protection - Fair trading

(EEC Treaty, Arts 30 and 36)

3. Harmonization of laws - Discretion enjoyed by the Community institutions in achieving harmonization in stages - Marketing of compound feedingstuffs - Option given to Member States to require the indication of the ingredients used in descending order of their proportion - Legality

(EEC Treaty, Art. 100; Council Directive 79/373, Art. 5(4) and (7) )

Summary

1. Article 5(4)(b) and (7) of Directive 79/373 on the marketing of compound feedingstuffs must be interpreted as meaning that it does not preclude a Member State from introducing into its legislation an obligation to indicate the ingredients used, in descending order of their proportion, in those feedingstuffs, even if no such obligation existed in national law when the directive entered into force.

2. The obligation, imposed pursuant to the legislation of a Member State, to indicate the ingredients of compound feedingstuffs in descending order of their proportion, which has the effect of rendering more difficult the importation of compound feedingstuffs originating in other Member States where such a declaration is not required and which therefore comes within the prohibition laid down in Article 30 of the Treaty, is justified by the public interest in the protection of health of humans and animals, within the meaning of Article 36 of the Treaty, as well as by the requirements of consumer protection and fair trading.

3. In the exercise of the powers conferred on them with respect to the harmonization of the laws of the Member States, the Community institutions must be recognized as enjoying a discretion in relation to the stages in which harmonization is to take place, having regard to the particular nature of the field subject to coordination.

Since harmonization in the compound-feedingstuffs sector is only incomplete, it is in no way established that, by permitting the Member States, through the provisions of Article 5(4) and (7) of Directive 79/373, to maintain or introduce the requirement of the semi-open declaration, the Council exceeded the limits of its discretion.
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Social security for migrant workers - Insurance against old-age and death - Benefits - Adjustment - Recalculation - Conditions

(Regulation No 1408/71 of the Council, Art. 51(1) )

Summary

Where, under national rules against the overlapping of benefits the pension paid to a worker by a Member State has been calculated at an amount such that, when added to the amount of a benefit of any kind paid by another Member State, it does not exceed a certain ceiling, neither Article 51(1) of Regulation (EEC) No 1408/71 nor any other provision of Community law allows the amount of that pension to be adjusted in order to prevent that ceiling from being exceeded if subsequent alterations are made to the other benefit on account of the general evolution of the economic and social situation.
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Officials - Social security - Insurance against accidents and occupational diseases - Establishing the existence of an occupational disease - Access by the official to documents in the medical file - Indirect access - Exception - Documents also having to appear in the personal file

(Staff Regulations, Arts 26 and 73; Rules on Insurance against the Risk of Accident and of Occupational Disease, Arts 21 and 23(1) )

Summary

In the context of a procedure for the recognition of an occupational disease, observance of the rights of the official is ensured, having regard to the particular nature of the documents in question, by the possibility for him to acquaint himself with the particulars in the file prepared by the appointing authority by the interposition of the doctor of his choice and to appoint a doctor to defend his interests within the Medical Committee.

Documents drawn up within the framework of that procedure need be placed in the personal file, to which the official has direct access pursuant to Article 26 of the Staff Regulations, only where those documents are used for the appraisal or alteration of the official' s administrative status by the institution to which he belongs.
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1. Community law - Direct effect - Powers of national court - Assessment of its own motion of the conformity of national rules with Community law

2. Social policy - Equal treatment for men and women in matters of social security - Scope ratione personae of Directive 79/7 - Determined independently of its scope ratione materiae

(Council Directive 79/7, Arts 2 and 3)

3. Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Reliance thereon by a person not coming within its scope ratione personae - Condition - Detriment connected with the application to his spouse who is entitled to rely on the directive of a discriminatory provision

(Council Directive 79/7)

4. Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Maintenance of the effects of national legislation excluding married women from the benefit of old-age insurance - Not permissible

(Council Directive 79/7)

Summary

1. Community law does not preclude a national court from examining of its own motion whether national rules are in conformity with the precise and unconditional provisions of a directive, the period for whose implementation has elapsed, where the individual has not relied on that directive before the national court.

2. The scope ratione personae of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is fixed by Article 2 and may not be extended to a person outside that scope on the ground that he comes within a national scheme which, pursuant to Article 3 of the Directive, comes within its scope ratione materiae.

3. An individual may rely on Directive 79/7 before a national court if he bears the effects of a discriminatory national provision regarding his spouse, who is not a party to the proceedings, provided that his spouse herself comes within the scope of the directive.

4. Directive 79/7 must be interpreted as not allowing the Member States to retain in force, after the expiry of the period laid down for its implementation, the effects of earlier national legislation which in certain circumstances excluded married women from the benefit of old-age insurance.
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Transport - Road transport - Freedom to provide services - Cabotage - Introduction subject to intervention by the Council (EEC Treaty, Arts 59, 60, 61 and 75)

Summary

Under Community law as it stands, that is to say, prior to the entry into force of the Council regulation on cabotage in the road haulage sector, Articles 59 and 60 of the EEC Treaty do not preclude an undertaking established in one Member State from being prohibited from appointing a carrier in another Member State to provide on its behalf internal transport at rates generally in force in the first Member State, using vehicles licensed in the second Member State for the carriage of goods.