ddrg/super_eurlex huggingface dataset:
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1 . Social policy - Male and female workers - Access to employment and working conditions - Equal treatment - Derogations - Occupations for which sex constitutes a determining factor - Civil service corps in respect of which the derogation is justified only with regard to some of the posts occupied - Application of the derogation to the entire corps - Whether acceptable

( Council Directive 76/207, Art . 2 ( 2 ) )

2 . Social policy - Male and female workers - Access to employment and working conditions - Equal treatment - Derogations - Occupation for which sex constitutes a determining factor - Conditions under which recourse may be had to the derogation - Limitation to specific posts, transparency and adaptability to social developments

( Council Directive 76/207, Art 2 ( 2 ) )

Summary

1 . The derogation from the principle of equal treatment for men and women as regards access to employment and working conditions provided for in Article 2 ( 2 ) of Directive 76/207 in relation to occupational activities for which sex constitutes a determining factor may be regarded, in the case of a civil service corps in respect of which separate recruitment of male and female candidates is fundamentally justified under the said provision, as extending to activities corresponding to the highest grade of the corps concerned, even if some of those activities do not necessarily have to be carried out by persons of one sex, having regard to the way in which the career of officials must be structured and the importance to be attached to their professional experience .

2 . The derogation provided for in Article 2 ( 2 ) of Directive 76/207 may relate only to specific occupational activities . They must be sufficiently transparent so as to permit effective supervision by the Commission and, in principle, they must be capable of being adapted to social developments . Those requirements are not fulfilled by the practice of fixing the percentages of posts to be allotted to men and women respectively in the case of each competition held to recruit officials to a corps in which only some activities justify recourse to the derogation and when no legislative provision defines any objective criterion for fixing those percentages . That practice makes it impossible to exercise any form of supervision, not only by the Commission and the courts but also by persons adversely affected by discriminatory measures .
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1 . Officials - Actions - Interest in bringing proceedings - Action against a decision affecting the applicant' s future financial position - No immediate damage - Admissibility

( Staff Regulations, Art . 91 )

2 . Officials - Organization of departments - Assignment of staff - Discretion of the administration - Limits - Interests of the service - Compliance with the principle of assignment to an equivalent post - Consideration of the interests of the official concerned

Summary

1 . Even in the absence of any immediate damage an action by an official against a decision affecting his future financial position is admissible because he has a legitimate, present and vested interest in having an uncertain factor in his status decided forthwith by the Court .

2 . Although the institutions have a broad discretion to organize their departments and to assign staff, the balance of rights and obligations established by the Staff Regulations in the relationship between the public authority and civil servants means that when the appointing authority takes a decision concerning the situation of an official it should take into consideration all the factors which may affect its decision and that in assigning an official it should take into account not only the interests of the service and the principle of assignment to an equivalent post but the rights and legitimate interests of the official concerned .
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1.Non-contractual liability - Conditions - Unlawfulness - Damage - Causal link

( EEC Treaty, Art . 215, second paragraph )

2.Non-contractual liability - Conditions - Legislative measure entailing choices of economic policy - Decisions taken during an anti-dumping proceeding - Sufficiently serious breach of a superior rule of law

( EEC Treaty, Art . 215, paragraph 2 ).

3.Common commercial policy - Protection against dumping - Conduct of the proceeding - Duration of more than one year - Permissibility - Condition - Reasonable period

( Council Regulation No 2176/84, Art . 7(9 ) ).

4.Common commercial policy - Protection against dumping - Imposition of anti-dumping duties - Commission proposal - Council' s power of decision - Extent

Operative part

( 1)Dismisses the application;

( 2 ) Orders the applicants to pay the costs .
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1 . Measures adopted by the institutions - Statement of reasons - Obligation - Scope - Decision relating to the clearance of the accounts of expenditure financed by the EAGGF

( EEC Treaty, Art . 190 )

2 . Agriculture - Common agricultural policy - Financing by the EAGGF - Principles - Regularity of expenditure incurred by way of intervention - Obligations of the Member States - Commission' s power to check - Scope

( Council Regulation No 729/70, Art . 8(1 ) and ( 9 ) )

3 . Agriculture - EAGGF - Clearance of accounts - Refusal to charge expenditure incurred in respect of irregularities in the application of Community rules - Challenge by the Member State concerned - Burden of proof

( Regulation No 729/70 of the Council )

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the Hellenic Republic to pay the costs, including those relating to the proceedings on the application for interim measures .
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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS - CO-RESPONSIBILITY LEVY - PROCESSING OF CEREALS ORIGINATING IN ANOTHER MEMBER STATE - CALCULATION OF THE LEVY - "GREEN" EXCHANGE RATE APPLICABLE - RATE APPLICABLE IN THE MEMBER STATE OF FIRST PROCESSING

( COMMISSION REGULATION NO 2040/86, ART . 2 ( 1 ) )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - CEREALS -CO-RESPONSIBILITY LEVY - PAYMENT BY UNDERTAKINGS RESPONSIBLE FOR FIRST PROCESSING - PASSING ON OF THE WHOLE LEVY TO THEIR SUPPLIERS

( REGULATION NO 2727/75 OF THE COUNCIL, ART . 4 ( 6 ), AS AMENDED BY REGULATION NO 1579/86; COMMISSION REGULATION NO 2040/86, ART . 5 ( 1 ) )

Summary

1 . ARTICLE 2 ( 1 ) OF REGULATION NO 2040/86 MUST BE INTERPRETED AS MEANING THAT THE CO-RESPONSIBILITY LEVY IN THE CEREALS SECTOR MUST BE CALCULATED USING THE AGRICULTURAL CONVERSION RATE APPLICABLE IN THE MEMBER STATE IN WHOSE TERRITORY THE CEREALS WERE FIRST PROCESSED, SINCE, IRRESPECTIVE OF THE ORIGIN OF THE CEREALS, THE PROCESSOR HAS TO PAY THE LEVY TO THE COMPETENT AUTHORITY OF THAT STATE .

2 . THE COMBINED PROVISIONS OF ARTICLE 4 ( 6 ) OF REGULATION NO 2727/75, AS AMENDED BY REGULATION NO 1579/86, AND OF ARTICLE 5 ( 1 ) OF REGULATION NO 2040/86 ARE TO BE INTERPRETED AS MEANING THAT THE OPERATORS WHO FIRST PROCESS THE CEREALS MUST PASS ON THE WHOLE CO-RESPONSIBILITY LEVY TO THEIR SUPPLIERS .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Pricing systems - National authorities fixing maximum prices applicable only to imported products - Prohibition - Pursuit of monetary objectives - Unacceptable justification

( EEC Treaty, Art . 30 )

2 . Agriculture - Common organization of the markets - Price formation - National measures - Incompatibility with Community legislation - Criteria

Summary

1 . The imposition by a Member State of maximum prices on imports of a given product from other Member States and the systematic checking on compliance with those prices when comparable maximum prices are not applied to domestic production constitutes a measure having an effect equivalent to quantitative restrictions, prohibited by Article 30 of the Treaty . Since the fact that Member States retain certain monetary powers does not entitle them to take unilateral measures prohibited by the Treaty, the monetary objective of such a measure is not such as to justify it .

2 . In sectors covered by a common organization of the market, and a fortiori when that organization is based on a common price system, Member States can no longer take action, through national provisions adopted unilaterally, affecting the machinery of price formation at the same production or marketing stage established under the common organization .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Price rules - Rules favouring national pharmaceutical products over imported products - Not permissible

( EEC Treaty, Art . 30 )

Summary

The adoption by a Member State of a method of fixing prices for pharmaceutical products whereby it is expressly provided that the development of the national industry and research on the national territory should be promoted and it is indicated that the cost components related thereto may be taken into account to a greater extent than the corresponding cost components for imported products and under which the supplementary costs and charges inherent in importation are not mentioned among the factors to be taken into consideration in the fixing of prices constitutes a measure having an effect equivalent to quantitative restrictions on imports within the meaning of Article 30 of the Treaty .
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1 . Preliminary rulings - Matters referred to the Court - Relevance of the questions raised - Appraisal by the national court

( EEC Treaty, Art . 177 )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Consumer protection - Application to imported products of national rules reserving the name "yoghurt" solely to fresh yoghurt - Not permissible - Conditions

( EEC Treaty, Art . 30 )

3 . Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112/EEC - National rules refusing to permit the name "yoghurt" in the case of deep-frozen products - Not permissible - Conditions

( Council Directive 79/112 )

Summary

1 . Within the system established by Article 177 of the Treaty, it is for the national courts to weigh the relevance of the questions which they refer to the Court, in the light of the facts of the cases before them .

2 . Article 30 of the Treaty precludes a Member State from applying, to products imported from another Member State where they are lawfully manufactured and marketed, national rules which reserve the right to use the name "yoghurt" solely to fresh yoghurt, to the exclusion of deep-frozen yoghurt, when the characteristics of the latter product are not substantially different from those of the fresh product, and when appropriate labelling, together with an indication of the date by which the product should be sold or consumed, is sufficient to ensure that consumers are properly informed .

3 . The provisions of Directive 79/112/EEC relating to the labelling and presentation of foodstuffs, in particular Article 5, must be interpreted as precluding the application of national rules which refuse to allow imported or domestic products which have been deep-frozen to bear the name "yoghurt" where those products, for the rest, comply with the requirements laid down by the national rules for fresh products to bear that name .
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Convention on Jurisdiction and the Enforcement of Judgments - Exclusive jurisdiction - Disputes regarding tenancies of immovable property - Lease relating to a property consisting of parts situated in two contracting States - Exclusive jurisdiction of the courts of each State over the part situated in that State

( Convention of 27 September 1968, Article 16 ( 1 ) )

Summary

Article 16 ( 1 ) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that, in a dispute as to the existence of a lease relating to immovable property situated in two contracting States, exclusive jurisdiction over the immovable property situated in each contracting State is, in

principle and subject to special cases in which the particular disposition of the property may necessitate a different solution, held by the courts of that State .
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1 . Officials - Leave on personal grounds - Expiry - Reinstatement pursuant to a judgment of the Court - Time allowed - Time required for comparative assessment of qualifications of different officials awaiting reinstatement

( Staff Regulations, Art . 40 ( 4 ) ( d ) )

2 . Officials - Leave on personal grounds - Expiry - Unlawful failure to reinstate - Financial loss - Compensation - Mode of payment

( Staff Regulations, Art . 40 ( 4 ) ( d ) )

Summary

1 . When, pursuant to a judgment of the Court, an institution must reinstate an official on the expiry of his leave on personal grounds in accordance with Article 40 ( 4 ) ( d ) of the Staff Regulations, that institution, although it has a duty to act diligently, must nevertheless be allowed the time required to carry out a comparative assessment of the qualifications of the official concerned and those of other officials in the same position .

2 . In the calculation of the compensation due to an official who, as a result of improper conduct on the part of an institution, has not been reinstated on the expiry of his leave on personal grounds, account must be taken of the official' s duty to make reasonable efforts to mitigate his losses, if necessary by looking for other employment or, a fortiori, by remaining in employment he already held .

The institution concerned cannot be held liable for any financial loss arising out of the official' s decision to leave his employment and transfer his residence to his previous place of employment before receiving notice of his reinstatement . In that event, the institution is justified in deducting from the sums of money to be paid to the official the amount which he would have earned had he remained in his employment until the date on which he received notice of his reinstatement .

Furthermore, in the absence of any express or analogous provisions in the Staff Regulations relating to the mode of payment of such compensation, it is to be paid in the currency of the country in which the official was employed, taking account of the weighting for that country .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Systematic health inspection on the importation of fresh poulty meat - Justification - Protection of public health - Existence of a harmonizing directive - Not permissible - Inspections of an administrative nature - Permissible

( EEC Treaty, Arts 30, 36 and 100; Council Directive 71/118 )

2 . Measures adopted by the Community institutions - Directives - Direct effect - Legal basis

( EEC Treaty, Art . 5 and Art . 189, third paragraph )

3 . Transport - Transport of goods - Facilitation of the crossing of frontiers - Directive 83/643 - "Physical inspections" and "administrative formalities" - "Inspections" by means of spot checks - Meaning of expressions

( Council Directive 83/643, Arts 1 ( 1 ) and 2 )

Summary

1 . Systematic inspection of poultry meat by a veterinarian or hygiene expert on importation into the country of destination constitutes a measure having an effect equivalent to quantitative restrictions within the meaning of Article 30 of the EEC Treaty . In so far as such inspection is intended systematically to check compliance with the hygiene requirements laid down by Council Directive 71/118, it cannot be justified under Article 36 of the EEC Treaty . That directive established, in the area of intra-Community trade in fresh poultry meat, a harmonized system of health inspections based on full inspection of the goods in the exporting State, replacing inspection in the State of destination, so that, subject to the permissibility of occasional health inspections, when such products cross an intra-Community frontier they may be made subject only to the inspections of an administrative nature to which all goods crossing the frontier are subject .

2 . The right of an individual Community citizen to rely on an unconditional and sufficiently precise provision of a directive against a Member State which has failed to implement it or has not correctly implemented it is based on the combined provisions of the third paragraph of Article 189 and Article 5 of the Treaty .

3 . The term "physical inspections" within the meaning of Directive 83/643 on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States must be understood as covering all inspections of goods which involve physical contact with them . The term "administrative formalities" must be understood as covering all operations which involve the checking of documents and certificates accompanying goods and are intended to ensure by simple visual inspection that the goods correspond to the documents and certificates, where such operations may be carried out by officials having general authority to check goods at the frontier . The expression "inspections" in Article 2 of the directive must be interpreted as meaning that only physical inspections within the meaning of Article 1 ( 1 ) are to be carried out solely by means of spot checks, and no conclusion can be drawn from that article regarding the manner in which administrative formalities are to be completed .
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Free movement of goods - Customs duties - Charges having equivalent effect to a customs duty - Meaning - Charge levied for checking import prices

( EEC Treaty, Art . 12 et seq .; Act of Accession of the Hellenic Republic, Art . 29 )

Summary

Any pecuniary charge, however minimal and whatever its designation and mode of application, which is unilaterally imposed on goods imported from another Member State by reason of the fact that they cross a frontier, constitutes a charge having an effect equivalent to a customs duty . The charge levied by the Hellenic Republic for checking prices of goods imported from other Member States therefore constitutes such a charge, the abolition of which is required by Article 12 et seq . of the Treaty and Article 29 of the Act of Accession of the Hellenic Republic .
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1 . Free movement of persons - Freedom of establishment - Company incorporated under the legislation of a Member State and having its registered office there - Right to transfer the central management and control of a company to another Member State - None

( EEC Treaty, Arts 52 and 58 )

2 . Free movement of persons - Freedom of establishment - Directive 73/148 - Not applicable to legal persons

( Council Directive 73/148 )

Summary

1 . The Treaty regards the differences in national legislation concerning the connecting factor required of companies incorporated thereunder and the question whether - and if so how - the registered office or real head office of a company incorporated under national law may be transferred from one Member State to another as problems which are not resolved by the rules concerning the right of establishment but must be dealt with by future legislation or conventions, which have not yet been adopted or concluded . Therefore, in the present state of Community law, Articles 52 and 58 of the Treaty, properly construed, confer no right on a company incorporated under the legislation of a Member State and having its registered office there to transfer its central management and control to another Member State .

2 . The title and provisions of Council Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services refer solely to the movement and residence of natural persons, and the provisions of the directive cannot, by their nature, be applied by analogy to legal persons . Therefore, Directive 73/148, properly construed, confers no right on a company to transfer its central management and control to another Member State .
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Action for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision authorizing a Member State to adopt protective measures - Trader previously refused import licences by the Member State concerned - Inadmissibility

( EEC Treaty, Art . 115, first paragraph, and Art . 173, second paragraph )

Summary

A Commission decision, adopted pursuant to the first paragraph of Article 115 of the Treaty, addressed to a Member State and authorizing that State in future to exclude from Community treatment for a specified period bananas originating in certain non-member countries and released into free circulation in the other Member States, is, with regard to all banana importers, a measure of general application which applies to situations determined objectively and has legal effects with regard to categories of persons referred to in a general and abstract manner .

It is not therefore of individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to a banana-importing undertaking, even if that undertaking had been prohibited on several occasions by the authorities of the Member State concerned from importing bananas and had complained of its difficulties to the national courts and the Commission .

Firstly, no application for an import licence lodged by that undertaking was still pending when the decision was adopted and, secondly, a measure does not cease to be a regulation because it is possible to determine the number or even the identity of the persons to whom it applies at any given time as long as it is established that such application takes effect by virtue of an objective legal or factual situation .
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1.Measures adopted by the institutions - Directives - Implementation by the Member States - Need for full and exact implementation

( EEC Treaty, Art . 189, third paragraph )

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

( EEC Treaty, Art . 169 )

Operative part

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

( 2)Orders the Italian Republic to pay the costs .
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Social security for migrant workers - Family benefits - Article 73(2 ) of Regulation No 1408/71 creating a regime specifically applicable to workers subject to the legislation of one of the Member States - Declaration of invalidity by the Court - Effects of invalidity - General application, in the absence of new measures by way of a regulation, of the regime applicable in the other Member States .

( EEC Treaty, Arts 48 and 51; Council Regulation No 1408/71, Art . 73 )

Summary

The Court' s declaration that Article 73(2 ) of Regulation No 1408/71 is invalid - attributable to the fact that that provision, which creates a system applicable specifically to workers subject to the legislation of one of the Member States, does not satisfy the requirement of equal treatment laid down in Article 48 of the Treaty and therefore can have no place in the context of the coordination of national legislation prescribed by Article 51 of the Treaty with a view to promoting the free movement of workers - means that until such time as the Council adopts new rules which are in conformity with Article 51 the system for the payment of family benefits laid down in Article 73(1 ) of the aforesaid regulation is of general application .