ddrg/super_eurlex huggingface dataset:
20

Paragraphs 3, 4, 6 and 10 of the Bundesgesetz über die Errichtung einer Schieneninfrastrukturfinanzierungs-Gesellschaft (Federal Law on the establishment of a railway infrastructure finance company) (BGBl. 201/1996) are worded as follows: ‘Tasks Paragraph 3 (1) The tasks of Schieneninfrastruktur-Dienstleistungsgesellschaft mbH shall include: … 3. the performance of all operations and activities necessary for the non-discriminatory development and improvement of the railway sector and of new railway technologies on the railway network, the performance of all operations and activities of a related nature which contribute to improving the results of Schieneninfrastruktur-Dienstleistungsgesellschaft mbH, participation in the coordination of all research and development in the railway sector; 4. the performance of all operations and activities of an accredited supervisory body (designated body) in the railway sector; 5. following the transfer by a railway infrastructure undertaking, the task of a charging body in accordance with Chapter 6 of the Eisenbahngesetz 1957; 6. the management of the expert committee in accordance with Paragraph 48(4) of the Eisenbahngesetz 1957; 7. the exercise of the power under Paragraph 130 of the Eisenbahngesetz 1957; 8. the assumption of the tasks relating to the establishment and management of registers, as transferred to Schieneninfrastruktur-Dienstleistungsgesellschaft mbH under the Eisenbahngesetz 1957 or under an order made pursuant to that law; … Management of equity interests Paragraph 4 Equity interests in Schieneninfrastruktur-Dienstleistungsgesellschaft mbH shall be managed by the [Minister] on behalf of the Federal State. The [Minister] is entitled to issue general instructions to Schieneninfrastruktur-Dienstleistungsgesellschaft mbH relating to the performance of its tasks for the purpose of this federal law and to request sight of its business accounts. The company’s articles of association must stipulate that its corporate bodies are required to follow those instructions and make available the accounts. … Expenses of Schieneninfrastruktur-Dienstleistungsgesellschaft mbH Paragraph 6 Schieneninfrastruktur-Dienstleistungsgesellschaft mbH must be managed in a way that is cost-effective, prudent and consistent with its purpose. The Federal State shall meet the staffing and material costs of Schieneninfrastruktur-Dienstleistungsgesellschaft mbH in so far as those costs arise from the performance of the tasks entrusted to it by this federal law and cannot be borne by third parties. Schieneninfrastruktur-Dienstleistungsgesellschaft mbH must draw up an annual financing plan for that purpose and obtain the consent of the Federal Minister for Finance and the [Minister]. … Exemption from tax Paragraph 10 (1) Schieneninfrastruktur-Dienstleistungsgesellschaft mbH shall be exempt from taxes levied under federal legislation, with the exception of turnover tax, court costs, court administration fees and taxes related to the federal government, in so far as those taxes, costs and fees arise from the performance of the company’s tasks under this federal law. …’
3

Under the 14th to 18th recitals of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1): ‘Whereas the vulnerability of pregnant workers, workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 14 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least two weeks, allocated before and/or after confinement; Whereas the risk of dismissal for reasons associated with their condition may have harmful effects on the physical and mental state of pregnant workers, workers who have recently given birth or who are breastfeeding; whereas provision should be made for such dismissal to be prohibited; Whereas measures for the organisation of work concerning the protection of the health of pregnant workers, workers who have recently given birth or workers who are breastfeeding would serve no purpose unless accompanied by the maintenance of rights linked to the employment contract, including maintenance of payment and/or entitlement to an adequate allowance; Whereas, moreover, provision concerning maternity leave would also serve no purpose unless accompanied by the maintenance of rights linked to the employment contract and or entitlement to an adequate allowance; Whereas the concept of an adequate allowance in the case of maternity leave must be regarded as a technical point of reference with a view to fixing the minimum level of protection and should in no circumstances be interpreted as suggesting an analogy between pregnancy and illness.’
3

Recitals 2, 4, 14 and 73 of the GDPR state as follows: ‘(2) The principles of, and rules on the protection of natural persons with regard to the processing of their personal data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular their right to the protection of personal data. … … (4) The processing of personal data should be designed to serve mankind. The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality. This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter [of Fundamental Rights of the European Union] as enshrined in the Treaties, in particular the respect for private and family life, home and communications, the protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom to conduct a business, the right to an effective remedy and to a fair trial, and cultural, religious and linguistic diversity. … (14) …This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person. … (73) Restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, the right to object, decisions based on profiling, as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or manmade disasters, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, or of breaches of ethics for regulated professions, other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, the keeping of public registers kept for reasons of general public interest, further processing of archived personal data to provide specific information related to the political behaviour under former totalitarian state regimes or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes. Those restrictions should be in accordance with the requirements set out in the Charter [of Fundamental Rights of the European Union] and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.’
31

In those circumstances, the Verwaltungsgericht Berlin (Administrative Court, Berlin) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Does the owner of eligible hectares have those hectares at his disposal within the meaning of the first sentence of Article 24(2) of Regulation No 1307/2013 if no third party has a right of use in respect of the eligible hectares, and, in particular, no right of use derived from the owner, or is the area at the disposal of a third party or at no one’s disposal if a third party is actually using that area for agricultural purposes without any right of use? (2) Is the phrase “any area which gave a right to payments in 2008 under the single payment scheme or the single area payment scheme laid down, respectively, in Titles III and IVA of Regulation [No 1782/2003]” in Article 32(2)(b) of Regulation No 1307/2013 to be interpreted as meaning that the area must in 2008 have satisfied the conditions laid down in Titles III and IVA of Regulation No 1782/2003 for a right to payments under the single payment scheme or the single area payment scheme? (3) If the answer to Question 2 is in the negative: Is the phrase “any area which gave a right to payments in 2008 under the single payment scheme or the single area payment scheme laid down, respectively, in Titles III and IVA of Regulation No 1782/2003” in Article 32(2)(b) of Regulation No 1307/2013 to be interpreted as meaning that, in order for an area that is afforested in accordance with Article 31 of Regulation [No 1257/1999] to be classified as eligible hectares within the meaning of Article 32(2)(b)(ii) of Regulation No 1307/2013, it is necessary that a set-aside entitlement or other payment entitlement within the meaning of Article 44(1) or Article 54(1) of Regulation No 1782/2003 has been granted in respect of that area? (4) If the answer to Question 3 is in the negative: Is the phrase “any area which gave a right to payments in 2008 under the single payment scheme or the single area payment scheme laid down, respectively, in Titles III and IVA of Regulation No 1782/2003” in Article 32(2)(b) of Regulation No 1307/2013 to be interpreted as meaning that, in order for an area that is afforested in accordance with Article 31 of Regulation [No 1257/1999] to be classified as eligible hectares within the meaning of Article 32(2)(b)(ii) of Regulation No 1307/2013, it is necessary that in 2008 the farmer made an application under Article 22(1) and/or Article 34(1) of Regulation No 1782/2003 and satisfied the other conditions for a direct payment under Titles III or IVA?’
25

Before the referring court, the Secretary of State submits that she was entitled to revoke OA’s refugee status on the ground that there was a non-temporary change of circumstances in his country of origin, pursuant to Article 11(1)(e) of Directive 2004/83, since, in her view, the minority clans are no longer subject to persecution by the majority clan in the Mogadishu region, and since the State offers effective protection in that region. In that regard, the Secretary of State relies on the findings of fact made in the ‘Country Guidance’ judgment of the Upper Tribunal of 3 October 2014, MOJ and Others (return to Mogadishu): ‘(ii) Generally, a person who is “an ordinary civilian” (i.e. not associated with the security forces; any aspect of government or official administration or any NGO or international organisation) on returning to Mogadishu after a period of absence will face no real risk of persecution or risk of harm such as to require protection under Article 3 [ECHR] or Article 15(c) of [Directive 2004/83] … … (vii) A person returning to Mogadishu after a period of absence will look to his nuclear family, if he has one living in the city, for assistance in re‑establishing himself and securing a livelihood. Although a returnee may also seek assistance from his clan members who are not close relatives, such help is only likely to be forthcoming for majority clan members, as minority clans may have little to offer. (viii) The significance of clan membership in Mogadishu has changed. Clans now provide, potentially, social support mechanisms and assist with access to livelihoods, performing less of a protection function than previously. There are no clan militias in Mogadishu, no clan violence, and no clan based discriminatory treatment, even for minority clan members. … (xi) It will, therefore, only be those with no clan or family support who will not be in receipt of remittances from abroad and who have no real prospect of securing access to a livelihood on return who will face the prospect of living in circumstances falling below that which is acceptable in humanitarian protection terms. (xii) The evidence indicates clearly that it is not simply those who originate from Mogadishu that may now generally return to live in the city without being subjected to an Article 15(c) [of Directive 2004/83] risk or facing a real risk of destitution. On the other hand, relocation in Mogadishu for a person of a minority clan with no former links to the city, no access to funds and no other form of clan, family or social support is unlikely to be realistic as, in the absence of means to establish a home and some form of ongoing financial support there will be a real risk of having no alternative but to live in makeshift accommodation within an IDP camp [camp for internally displaced persons] where there is a real possibility of having to live in conditions that will fall below acceptable humanitarian standards.’
6

Article 12 of that annex is worded as follows: ‘1. An official aged less than the pensionable age whose service terminates otherwise than by reason of death or invalidity and who is not entitled to an immediate or deferred retirement pension shall be entitled on leaving the service: (a) where he has completed less than one year’s service and has not made use of the arrangement laid down in Article 11(2) to payment of a severance grant equal to three times the amounts withheld from his basic salary in respect of his pension contributions, after deduction of any amounts paid under Articles 42 and 112 of the Conditions of Employment of Other Servants; (b) in other cases, to the benefits provided under Article 11(1) or to the payment of the actuarial equivalent of such benefits to a private insurance company or pension fund of their choice, on condition such company or fund guarantees that: (i) the capital will not be repaid; (ii) a monthly income will be paid from age 60 at the earliest and age 66 at the latest; (iii) provisions are included for reversion or survivors’ pensions; (iv) transfer to another insurance company or other fund will be authorised only if such fund fulfils the conditions laid down in points (i), (ii) and (iii). 2. By way of derogation from point (b) of paragraph 1, officials under pensionable age who, since taking up their duties, have, in order to establish or maintain pension rights, paid into a national pension scheme, a private insurance scheme or a pension fund of their choice which satisfies the requirements set out in paragraph 1, and whose service terminates for reasons other than death or invalidity without their qualifying for an immediate or deferred retirement pension, shall be entitled, on leaving the service, to a severance grant equal to the actuarial value of their pension rights acquired during service in the institutions. In those cases the payments made in order to establish or maintain their pension rights under the national pension scheme in application of Articles 42 or 112 of the Conditions of Employment of Other Servants shall be deducted from the severance grant.’
7

In Section I of Part One, which contains general rules, subsection A, entitled ‘General rules for the interpretation of the Combined Nomenclature’, provides: ‘Classification of goods in the [CN] shall be governed by the following principles: 1. The titles of sections, chapters and sub-chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to the following provisions. … 3. When by application of rule 2(b) or for any other reason, goods are prima facie classifiable under two or more headings, classification shall be effected as follows: (a) the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods; (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, in so far as this criterion is applicable. … … 6. For legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes. For the purposes of this rule, the relative section and chapter notes also apply, unless the context requires otherwise.’
33

As regards, first, the aim of ensuring that the profession of notary is practised in a stable manner for a significant period before retirement, so as to preserve the viability of the social welfare system, it should be noted that Article 6(1)(c) [of that directive] allows a maximum age to be fixed for recruitment which is based on the need for a reasonable period of employment before retirement. As regards safeguarding the social welfare system for notaries, it is apparent from the documents submitted to the Court that, under Article 10 of the Regulation on social welfare and solidarity activities of the Cassa Nazionale del Notariato (National Fund for Notaries, Italy), which manages that system, the right of notaries who leave office upon reaching the authorised age limit for practising that profession – namely 75 years of age under Article 7 of Law No 1365/1926 – to be paid a pension is contingent on them having practised that profession for 20 years. As the European Commission pointed out in its written observations, the right to a pension enjoyed by notaries under that regulation does not appear to be related to the age limit of 50 years of age set by Article 1 of that law for admission to the competition for access to the profession, but appears to be linked to a minimum period of practice of that profession. Thus, there appears to be no connection between the conditions laid down by that Fund to safeguard the viability of the social welfare system for notaries and that age limit, which is a matter for the referring court to determine.
12

Article 1 of Legge Regione Sicilia, n. 12 – Interventi per favorire il risanamento e il reintegro degli allevamenti zootecnici colpiti dalla tubercolosi, dalla brucellosi e da altre malattie infettive e diffusive e contributi alle associazioni degli allevatori (Sicilian Regional Law No 12, laying down measures to facilitate the remediation and reintegration of livestock farms affected by tuberculosis, brucellosis and other infectious and widespread diseases and providing for contributions to farmers’ associations), of 5 June 1989 (Gazzetta ufficiale della Regione Sicilia No 28 of 7 June 1989) (‘Regional Law No 12/1989) is worded as follows: ‘1. For the remediation of bovine farms affected by tuberculosis, brucellosis and leucosis, and of ovine and caprine farms affected by brucellosis, in accordance with [legge 9 giugno 1964, n. 615, (Law No 615 of 9 June 1964)] and [leggi 23 gennaio 1968, n. 33 e n. 34 (Laws No 33 and No 34 of 23 January1968)], as subsequently amended and supplemented, compensation shall be granted to owners of bovine animals slaughtered and/or culled as a result of being affected by tuberculosis, brucellosis and leucosis, and to owners of ovine and caprine animals slaughtered and/or culled as a result of being affected by brucellosis, in addition to the compensation provided for in the national provisions in force, to the extent indicated in the table annexed to this law. 2. The Assessore regionale per la sanità [(Regional Health Board)] shall be required to adjust annually, by way of decree, the additional allowance provided for by Regional Law No 12/1989 … to a degree commensurate with annual increases in State grants in that field, within the limits of the budgetary appropriations laid down by the present law. … 4. For the same purposes as those referred to in the preceding paragraphs and in order to facilitate the carrying-out of remediation measures on livestock farms, a fee of 2000 Italian lira (ITL) [(approximately EUR 1.03)] shall be paid, in addition to that provided for by the national provisions in force, to self-employed veterinary professionals authorised to carry out the operations referred to in the ministerial decrees of 1 June 1968 and 3 June 1968, for each bovine animal inspected. In any event, total compensation may not exceed ITL 3000 [(approximately EUR 1.55)]. 5. For the purposes of the present Article, expenditure of ITL 7000 million [(approximately EUR 3615000)] for the current financial year and ITL 6000 million [(approximately EUR 3099000)] for each of the financial years 1990 and 1991 shall be allocated.’
5

Article 4 of that directive, entitled ‘Assessment of facts and circumstances’, provides: ‘1. Member States may consider it the duty of the applicant to submit as soon as possible all the elements needed to substantiate the application for international protection. In cooperation with the applicant, it is the duty of the Member State to assess the relevant elements of the application. … 3. The assessment of an application for international protection is to be carried out on an individual basis and includes taking into account: (a) all relevant facts as they relate to the country of origin at the time of taking a decision on the application …; (b) the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm; (c) the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm; … 4. The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, is a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated. …’