ddrg/super_eurlex huggingface dataset:
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Agriculture ° Common organization of the markets ° Oils and fats ° Special measures for soya beans ° Aid for processing ° Control measures ° Identification of the beans ° Rules requiring manufacturers of foodstuffs for human consumption or animal feedingstuffs to have storage facilities within the precincts of the establishment where production takes place ° Infringement of the principle of proportionality and discrimination between producers ° Illegality

(EEC Treaty, Art. 40(3), second subparagraph; Council Regulation No 1491/85; Commission Regulation No 2537/89, Art. 2(1)(b), as supplemented by Regulation No 150/90, Art. 1(1))

Summary

The requirement that manufacturers of animal feedingstuffs or foodstuffs for human consumption who have applied for aid for the processing of soya beans pursuant to Regulation No 1491/85 should have storage facilities on the premises of their production establishment must be regarded as disproportionate to the objective of preventing fraud. On the one hand, the aid system provides for various means of control, in particular with regard to the origin of the seeds processed, which make it possible to detect possible frauds and, on the other hand, there is a risk that the said obligation will entail increased costs for undertakings, which may be required to construct new storage facilities. At the same time, it is contrary to the principle of equality in so far as it applies to processors manufacturing foodstuffs or animal feedingstuffs but not to those producing soya oil, without there being any objective justification for that difference of treatment between the two categories of processors. For those reasons, Article 2(1)(b) of Regulation No 2537/89, as supplemented by Article 1(1) of Regulation No 150/90, is invalid.
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1. Actions for annulment of measures ° Parliament' s right of action ° Conditions for admissibility

(EEC Treaty, Art. 173)

2. Acts of the institutions ° Drafting procedure ° Consultation of the Parliament ° Reconsultation where substantial amendments are made to the original proposal

3. Transport ° Road transport ° Access for non-resident carriers to national haulage ° Regulation No 4059/89 ° Substantially different from the Commission' s original proposal ° Failure to reconsult the Parliament ° Infringement of essential procedural requirements ° Unlawful

(EEC Treaty, Art. 75; Council Regulation No 4059/89)

Summary

1. An action for annulment brought by the Parliament against an act of the Council or Commission is admissible provided that the action seeks only to safeguard the Parliament' s prerogatives and is founded only on submissions alleging their infringement, since those prerogatives include, in particular, participation in the drafting of legislative measures.

2. Due consultation of the European Parliament in the cases provided for by the Treaty is one of the means enabling the Parliament to participate effectively in the Community' s legislative procedure. That duty of consultation includes the requirement that the Parliament be reconsulted whenever the final text, viewed as a whole, departs substantially from the text on which the Parliament has already been consulted, except in cases where the amendments correspond essentially to the wishes expressed by the Parliament itself.

3. A comparison between the Commission' s original proposal for Regulation No 4059/89 and the content of that regulation as adopted by the Council shows that temporary authorization within the framework of a Community quota has been substituted for the principle of freedom of cabotage in Member States for carriers established in another Member State. Those substantive amendments, which do not reflect any wish of the Parliament and which affect the whole scheme, are sufficient to require fresh consultation of the Parliament. The fact that the latter was not consulted a second time in the legislative procedure provided for in Article 75 of the Treaty constitutes an infringement of essential procedural requirements, justifying the annulment of Regulation No 4059/89.
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Accession of new Member States to the Communities ° Portugal ° State monopolies of a commercial character ° Obligation to make progressive adjustments during the transitional period ° Scope ° Adoption of specific and appropriate measures determined by the national authorities

(Act of Accession 1985, Art. 208(1); Commission Recommendation 87/525)

Summary

Article 208(1) of the Act of Accession 1985, concerning the progressive adjustment of Portuguese State monopolies of a commercial character, leaves Portugal a wide discretion in the choice of methods suitable for the progressive adjustment of the monopolies in question so as to ensure the elimination of all discrimination, as laid down by that provision, by the end of the transitional period at the latest. Article 208(1) does, however, require that State, during the transitional period, actually to begin the process of adjustment so as to enable it fully to discharge its obligation at the end of the prescribed period. In that connection, it is sufficient for Portugal to have adopted specific measures such as to further the objective prescribed, without its being obliged to open free importation quotas in accordance with the time-table referred to in a recommendation issued by the Commission pursuant to that provision.
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1. Environment ° Conservation of wild birds ° Directive 79/409 ° Preservation, maintenance and re-establishment of habitats ° Obligations of Member States ° Scope

(Council Directive 79/409, Arts 3 and 4)

2. Environment ° Conservation of wild birds ° Directive 79/409 ° Special conservation measures ° Obligations of Member States ° Derogations ° Neccessity of a general interest taking precedence over ecological objectives ° Not to include economic and recreational requirements

(Council Directive 79/409, Art. 4)

3. Environment ° Conservation of wild birds ° Directive 79/409 ° Delimitation and modification of special protection areas ° Discretion of Member States ° Limits

(Council Directive 79/409, Art. 4(1) and (4))

Summary

1. Articles 3 and 4 of Directive 79/409 on the conservation of wild birds require Member States to preserve, maintain and re-establish the habitats of the said birds as such, because of their ecological value. The obligations on Member States under those articles exist even before any reduction is observed in the number of birds or any risk of a protected species becoming extinct has materialized.

2. In implementing Directive 79/409 on the conservation of wild birds, Member States are not authorized to invoke, at their option, grounds of derogation based on taking other interests into account. With respect, more specifically, to the obligation to take special conservation measures for certain species under Article 4 of the directive, such grounds must, in order to be acceptable, correspond to a general interest which is superior to the general interest represented by the ecological objective of the directive. In particular, the interests referred to in Article 2 of the directive, namely economic and recreational requirements, do not enter into consideration, as that provision does not constitute an autonomous derogation from the general system of protection established by the directive.

3. In choosing the territories which are most suitable for classification as special protection areas pursuant to Article 4(1) of Directive 79/409 on the conservation of wild birds, Member States have a certain discretion which is limited by the fact that the classification of those areas is subject to certain ornithological criteria determined by the directive, such as the presence of birds listed in Annex I to the directive, on the one hand, and the designation of a habitat as a wetland area, on the other.

However, Member States do not have the same discretion under Article 4(4) of the directive to modify or reduce the extent of such areas.
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1. Member States - Obligations - Failure to fulfil - Justification - None

(EEC Treaty, Art. 169)

2. Action for failure to fulfil obligations - Judgment of the Court finding a failure - Period for compliance

(EEC Treaty, Art. 171)

Operative part

1. Declares that, by failing to adopt the measures necessary to comply with the judgment of the Court of Justice of 24 May 1988, the Kingdom of Belgium has failed to fulfil its obligations under Article 171 of the EEC Treaty;

2. Orders the Kingdom of Belgium to pay the costs.
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1. Social policy ° Approximation of laws ° Transfers of undertakings ° Safeguarding of employees' rights ° Directive 77/187/EEC ° Scope ° Legal transfer ° Definition ° Transfer of activities between two bodies subsidized by public authorities following a change in the grant of subsidies ° Covered

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

2. Social policy ° Approximation of laws ° Transfers of undertakings ° Safeguarding of employees' rights ° Directive 77/187 ° Transfer ° Definition

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

Summary

1. Article 1(1) of Council 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 expression "legal transfer" covers a situation in which a public authority decides to terminate the subsidy paid to one legal person, as a result of which the activities of that legal person are fully and definitively terminated, and to transfer it to another legal person with a similar aim.

2. The expression "transfer of an undertaking, business or part of a business" contained in Article 1(1) of Directive 77/187 refers to the case in which the entity in question has retained its identity. In order to ascertain whether or not there has been such a transfer, it is necessary to determine, having regard to all the factual circumstances characterizing the operation in question, whether the functions performed are in fact carried out or resumed by the new legal person with the same or similar activities, it being understood that activities of a special nature which constitute independent functions may, where appropriate, be equated with a business or part of a business within the meaning of the directive.
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Agriculture ° Common organization of the markets ° Wine ° Premiums for permanent abandonment of wine-growing areas ° Grant of Community compensation to wine cooperatives ° Conditions ° Determination of compensation by Member States in the form of a deduction of 15% of the amount of the premiums ° Whether permissible

(Council Regulation No 1442/88, Art. 7(1) and (2))

Summary

It is clear from the actual wording of Article 7(1) of Regulation No 1442/88 on the granting, for the 1988/89 to 1995/96 wine years, of permanent abandonment premiums in respect of wine-growing areas that the grant of Community compensation which the Member States are authorized to introduce for the benefit of wine cooperatives does not, by contrast with the provisions of Article 7(2) concerning national compensation, presuppose that the cooperatives must have suffered a loss. The lack of such a condition is accounted for by the presumption made by the Community legislature that any permanent grubbing up of vines by a member of a cooperative is liable adversely to affect the cooperative by increasing fixed costs for use of the processing facilities as a result of the reduction in deliveries.

For the implementation of Article 7(1), the Council considered that, in view of the aim pursued and the diversity of national situations, the Member States should be empowered to take implementing measures. It accordingly authorized them to determine the level of compensation necessary to ensure that the wine cooperatives did not raise obstacles to the grubbing up of vines and that the objectives of the scheme of premiums established by that regulation would therefore be attained. A Member State is thus entitled to determine uniformly, subject to the 15% limit, the proportion of the premiums to be allocated to the wine cooperatives.
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Tax provisions ° Harmonization of laws ° Indirect taxes on the raising of capital ° Transfer of profits from one company to another ° Liability to capital duty ° Limit

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

Summary

Under Article 4(2)(b) of Directive 69/335 concerning indirect taxes on the raising of capital, capital duty may be charged on a transfer of profits from one company to another where both are controlled by one and the same member, if it is clear from the circumstances of the case that the transfer constitutes a payment by that member to one company through the other. However, such a transaction cannot be subjected to capital duty if the company which receives the profits is a member of or shareholder in the company which transfers them. Such an operation must in fact be equated with a distribution of dividends, which by its nature cannot be subject to capital duty.
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1. Freedom to provide services ° Restrictions ° Prohibition on the relaying of radio or television programmes broadcast from another Member State in a language other than that of that State ° Not permissible ° Justification ° None

(EEC Treaty, Arts 56 and 59)

2. Freedom to provide services ° Restrictions directed against providers of services seeking only to avoid compliance with professional rules ° Permissibility ° Entire sectors closed to the exercise of the freedom to provide services ° Not permissible

(EEC Treaty, Art. 59)

Summary

1. By prohibiting cable television companies from broadcasting on their networks programmes from radio or television broadcasting stations in other Member States, where the programmes are not transmitted in the language or one of the languages of the Member State in which the station is established, a Member State is in breach of its obligations under Article 59 of the Treaty.

Such a restriction, which is discriminatory in that it is not applicable to services without distinction as regards their origin, cannot be brought within any of the grounds for exemption from the freedom to provide services permitted by Community law, that is to say those laid down in Article 56 of the Treaty.

2. While it is true that a Member State cannot be denied the right to take measures to prevent a provider of services whose activity is entirely or principally directed towards its territory from exercising the freedom guaranteed by Article 59 of the Treaty for the purpose of avoiding the professional rules of conduct which would be applicable to him if he were established within that State, it does not follow that it is permissible for a Member State to prohibit altogether the provision of certain services by operators established in other Member States.
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Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7, Art. 4(1) ° Grant and amount of an old-age pension supplement linked to income from work of a dependent spouse who has not yet reached retirement age ° Whether permissible ° Conditions

(Council Directive 79/7, Art. 4(1))

Summary

Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as not precluding the application of national legislation on old-age insurance which, regardless of sex, makes the grant and the amount of a supplement payable to a pensioner whose dependent spouse has not yet reached retirement age depend exclusively on the income earned by the spouse from or in connection with work.

Although the effect of such legislation is that far more men than women qualify for the supplement, it corresponds to a legitimate objective of social policy, namely guaranteeing a couple, where one of the spouses has not yet reached pensionable age, an income equal to the social minimum which they will receive when they are both pensioners, involves supplements suitable and requisite for attaining that aim and is therefore justified by reasons unrelated to discrimination on grounds of sex.
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1. Social security for migrant workers ° Invalidity insurance ° Conditions for grant of benefits ° Question of national law ° Calculation of benefits ° Award having regard to the various legislative schemes to which the worker has been subject ° Legislation of a Member State requiring the claimant to choose between two alternative benefits ° Account to be taken by the institution of the Member State granting the benefits of the choice of benefit made by the claimant

(Council Regulations No 1408/71, Arts 44(2) and 46, and No 574/72, Art. 36(4))

2. Social security for migrant workers ° Invalidity insurance ° Calculation of benefits ° Article 40 of Regulation No 1408/71 ° Award having regard to the various legislative schemes to which the worker has been subject ° Grant of an old-age pension instead of an invalidity pension by a Member State as a result of the choice made by the worker ° Whether permissible

(Council Regulations No 1408/71, Arts 40(1) and 46(1), subpara. 2, and No 574/72, Art. 36(4))

Summary

1. The procedural rules in Article 44(2) of Regulation No 1408/71 and Article 36(4) of Regulation No 574/72 entail no changes in the conditions to which Member States make the grant of invalidity benefits subject. It is for the legislation of each Member State to determine whether the person concerned may waive an invalidity pension in order subsequently to receive an old-age pension which is more advantageous to him.

Accordingly, where national legislation requires a claimant to make a choice between two alternative benefits, the benefit to be taken into account, pursuant to the first sentence of Article 44(2) of Regulation No 1408/71, and for the purposes of the calculations to be performed under Article 46 of that Regulation, is simply the benefit which the claimant elects to receive.

2. The second subparagraph of Article 46(1) of Regulation No 1408/71 and Article 36(4) of Regulation No 574/72 do not prevent an institution of a Member State to which an institution of another Member State has referred a claim for invalidity pension based on Article 40 of Regulation No 1408/71 from awarding a worker an old-age pension instead of an invalidity pension which he has waived in order to obtain an old-age pension which is more advantageous to him.
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Free movement of goods ° Trade with non-member countries ° Outward processing relief arrangements ° Total or partial relief from import duty applied to compensating products ° Methods of calculation ° Determination of duty theoretically payable ° Transaction value of compensating products ° Determination of duty actually payable ° Determination of the value of temporary export goods

(Council Regulations No 1224/80, Arts 3 and 8(1)(b)(i), and No 2473/86, Art. 13)

Summary

Regulation No 2473/86 on outward processing relief arrangements and the standard exchange system is to be interpreted as meaning that, in calculating the total or partial relief from import duty on the compensating products, the calculation of import duty theoretically payable on those products must in principle be based on their transaction value, while the value of the temporary export goods, which is required in order to determine the duty actually payable, must be calculated using one of the two methods set out in the second subparagraph of Article 13(2) of that regulation. If the value of the compensating products has been determined without any adjustment for the purposes of Article 8(1)(b)(i) of Regulation No 1224/80 on the valuation of goods for customs purposes, the value of the temporary export goods corresponds to the difference between the customs value of the compensating products and the processing costs determined by reasonable means, such as taking account of the transaction value of the temporary export goods.
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1. Agriculture ° Common organization of the markets ° Wine ° Quality wines produced in specified regions ° Community provisional list referring to the designations awarded by the producing Member State ° Italian wines ° Regulation No 1311/73 ° Acceptance only of wines designated "denominazione di origine controllata" (DOC) and "denominazione di origine controllata e garantita" (DOCG)

(Regulation No 1311/73 of the Commission, Art. 1)

2. European Communities' own resources ° Post-clearance recovery of import duties or export duties ° Monetary compensatory amounts ° Absence of Community rules ° Application of national law ° Conditions

3. Community law ° Principles ° Protection of legitimate expectations ° Scope ° National authorities responsible for applying Community law ° Authorities acting in the absence of powers on the basis of a misinterpretation of the Community rules ° No legitimate expectation

(Regulations Nos 1769/72 and 1311/73 of the Commission)

Summary

1. Article 1 of Regulation No 1311/73 relating to the provisional list of quality wines produced in specified regions and the identification of those wines in the accompanying document must be interpreted as meaning that only wines designated "denominazione di origine controllata" (DOC) and "denominazione di origine controllata e garantita" (DOCG) were entitled in Italy, during the period of validity of that provision, that is between 22 May and 31 August 1973, to be classified as "quality wines produced in specified regions".

2. Where at the time of the events which gave rise to the dispute before the national court, there were no provisions of Community law applicable to the post-clearance recovery of monetary compensatory amounts by the national authorities following an initial misinterpretation of the Community rules by their departments, it is for the national court to apply the provisions of national law on the prescription of export duties wrongly not collected from the person liable owing to a mistake by the national authorities, provided that those provisions apply without discrimination to national claims and Community claims and do not affect the scope or effectiveness of Community law.

3. The national authority responsible for issuing the accompanying VA(2) forms for wines awarded the designation "quality wines produced in specified regions" is required to observe the principle of the protection of legitimate expectations. Nevertheless, where such a document was issued by a national authority which was not empowered to do so and which, owing to a mistaken interpretation of the applicable Community rules, did not demand payment of the monetary compensatory amounts, as provided for by those rules, no legitimate expectations can arise on the part of the parties concerned, notwithstanding their good faith.