ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

1. Member States - Obligations - Implementation of Community law- Condition of reciprocity - Not permissible

2. Freedom of movement for persons - Right of establishment - Freedom to provide services - Recognition of diplomas and other formal qualifications - Directives 89/48 and 92/51 - Recognition of a ski-monitor diploma - Condition of reciprocity - Not permissible

(Council Directives 89/48 and 92/51)

Summary

1. The implementation of the obligations imposed on Member States by the Treaty or secondary legislation cannot be made subject to a condition of reciprocity.

( see para. 7 )

2. A Member State which maintains in force legislation which makes recognition of a ski-monitor diploma subject to a condition of reciprocity has failed to fulfil its obligations under Directive 92/51, on a second general system for the recognition of professional education and training to supplement Directive 89/48.

( see para. 11, operative part )
Keywords



Keywords

Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested
Keywords

Summary



Keywords

1. Actions for failure to fulfil obligations — Pre-litigation procedure — Subject-matter — Delimitation of the subject-matter of the action — (Art. 226 EC)

2. Actions for failure to fulfil obligations — Pre-litigation procedure — Reasoned opinion not taking into account information provided in response to a letter of formal notice — Bearing on admissibility — Limits — (Art. 226 EC)

Summary

1. The purpose of the pre-litigation procedure laid down in Article 226 EC is to give the Member State concerned an opportunity to comply with its obligations under Community law or to avail itself of its right to defend itself against the complaints made by the Commission. The proper conduct of the pre-litigation procedure constitutes an essential guarantee required by the Treaty not only in order to protect the rights of the Member State concerned, but also so as to ensure that the contentious procedure will have as its subject-matter a clearly defined dispute.

see paras 16-17

2. So far as concerns an action for failure to fulfil obligations by having failed to transpose a directive, there being no provision of Community law penalising failure to respond to the letter of formal notice within the period fixed by the Commission by rendering the Member State's observations inadmissible, the Commission is required to set out, in its reasoned opinion, its assessment of the observations received after that period had expired, before specifying which complaints it intended to pursue.

Nevertheless, when a Member State does no more in its reply than announce the future adoption of implementing measures, the fact that the Commission fails to take account of those observations has no effect on the definition of the subject-mater of the dispute and thus does not make it impossible for the Member State to put an end to its infringement and does not compromise its rights of defence.

In those circumstances, the reasoned opinion cannot be regarded as vitiated by a substantive defect capable of rendering the action inadmissible.

see paras 19-21
Keywords

Summary



Keywords

Agriculture — Common organisation of the markets — Bananas — Import arrangements — Tariff quota — Allocation — Determination of reference quantities on the basis of the actual imports of the various operators — Proof that imports have actually taken place — Proof that customs duties applicable were paid — Lack of probative force of proof of payment of customs duties at a level fixed provisionally by a national court in interlocutory proceedings — (Commission Regulation No 2362/98, Arts 4 and 5(3), first subpara. (b))

Summary

Customs duties determined provisionally in interlocutory proceedings are not necessarily the customs duties which are applicable on the day on which customs import formalities are completed, proof of payment of which operators must, under Article 5(3), first subparagraph under (b), of Regulation No 2362/98, laying down detailed rules for the implementation of Regulation No 404/93 regarding imports of bananas into the Community, provide in order to demonstrate that the quantities of bananas which they wish to have included in the calculation of the annual reference quantity provided for in Article 4 of that regulation have actually been imported.

see para. 20
Keywords

Summary



Keywords

Transport — Air transport — Freedom to provide services — Restrictions — National rules providing for different rates of airport tax for national and intra-Community flights — Conditions governing permissibility — (Council Regulation No 2408/92, Art. 3(1))

Summary

Article 3(1) of Regulation No 2408/92 on access for Community air carriers to intra-Community air routes, the purpose of which is to define the conditions for applying in the air transport sector the principle of the freedom to provide services, precludes a measure adopted by a Member State which imposes on, for the most part, flights to other Member States higher airport tax than that applicable to domestic flights within that Member State unless it is shown that those taxes compensate airport services necessary for the processing of passengers and that the cost of those services provided to passengers flying to other Member States is proportionately higher than the cost of those services necessary for the processing of passengers on domestic flights.

see para. 29, operative part
Keywords

Summary



Keywords

Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Medicinal products — Withdrawal of a parallel import licence solely because of the withdrawal of the reference marketing authorisation at the request of the holder — Not permissible — Justification — Protection of public health — Risk to the health of humans as a result of the continued existence of the medicinal product on the market of the Member State concerned — (Arts 28 EC and 30 EC)

Summary

Article 28 EC and Article 30 EC preclude national legislation under which the withdrawal, at the request of its holder, of a marketing authorisation of reference of itself entails the withdrawal of the parallel import licence granted for the medicinal product in question.

However, those provisions do not preclude restrictions on parallel imports of the medicinal product in question where there is in fact a risk to the health of humans as a result of the continued existence of that medicinal product on the market of the importing Member State.

see para. 34, operative part
Keywords

Summary



Keywords

1. Appeals — Interest in bringing proceedings — Conditions — Advantage for the appellant — (EC Statute of the Court of Justice, Art. 49)

2. Officials — Promotion — Discretion of the administration — Judicial review — Limits — (Staff Regulations, Art. 45)

Summary

1. For an appellant to have an interest in bringing appeal proceedings the appeal must be likely, if successful, to procure an advantage for it.

An appeal is likely to procure an advantage for an institution where, if upheld, it would allow it to recover the arrears of salary paid to an official in compliance with the judgment under appeal. Annulment of that judgment would, in any event, procure a definite advantage for that institution since it would secure indemnity against any action for compensation which might be brought by the official for the loss he claims to have suffered as a result of the contested decision which was annulled by the Court of First Instance.

see paras 28, 30-31

2. In assessing the interests of the service and the qualifications and merits of the candidates to be taken into consideration in making a promotion decision pursuant to Article 45 of the Staff Regulations, the appointing authority possesses a wide discretion and, in that connection, the Community Court's review must be confined to the question whether, having regard to the various considerations which have influenced the administration in making its assessment, the latter has remained within reasonable bounds and has not used its power in a manifestly incorrect way. The Community Court cannot therefore substitute its assessment of the qualifications and merits of the candidates for that of the appointing authority.

see para. 35
Keywords

Summary



Keywords

1. Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 80/987 — Onset of the employer's insolvency — Definition — National provision defining the date of insolvency as that of the decision ruling on the request for opening of the insolvency procedure — Not permissible — (Council Directive 80/987, Arts 3(2) and 4(2))

2. Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 80/987 — Employment relationship — Definition — (Council Directive 80/987, Arts 3 and 4)

Summary

1. The onset of an employer's insolvency, within the meaning of Articles 3(2) and 4(2) of Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer is a concept of Community law which calls for a uniform interpretation in all Member States.

Those articles must be interpreted as precluding a provision of national law which defines the date of the onset of the employer's insolvency as the date of the decision ruling on the request for opening of the insolvency procedure and not the date on which that request was lodged.

see paras 30, 48, operative part 1

2. The expression "employment relationship" within the meaning of Articles 3 and 4 of Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, being a necessary factor in determining the minimum guarantee period under Community law for the payment of outstanding claims, requires a uniform interpretation under Community law and must be interpreted as excluding periods which, by their very nature, cannot give rise to outstanding salary claims. A period during which the employment relationship is suspended on account of child raising leave and, for that reason, confers no right to remuneration, is therefore excluded.

see paras 41, 44, operative part 2
Keywords

Summary



Keywords

Agriculture — Common organisation of the markets — Cereals — Common wheat — System of standing invitation to tender — Release of the security — Condition — Production of proof of entry for consumption into the State of destination — Time-limit — Whether it is possible to exceed the statutory period in the event of force majeure or the grant of further time — (Commission Regulations No 3665/87, Art. 47(2), and No 2372/95, second indent of the second subparagraph of Art. 8(2))

Summary

The second indent of the second subparagraph of Article 8(2) of Regulation No 2372/95 on the issuing of standing invitations to tender for the sale of common wheat of breadmaking quality held by the French and German intervention agencies for export to certain ACP countries in the 1995/96 marketing year must be interpreted as meaning that proof of importation of the goods into the ACP State or States concerned, which is necessary for release of the security of ECU 40 per tonne, must be supplied, in accordance with Article 47(2) of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Regulation No 2955/94, within 12 months following the date of acceptance of the export declaration, except in cases of force majeure or where the exporter, having acted with diligence in seeking to obtain that proof, is unable to submit it within that period and the competent authority has granted an extension of the deadline.

see paras 44, 48-49, 51, operative part
Keywords

Summary



Keywords

1. Approximation of laws — Review procedures relating to the award of public supply and public works contracts — Directive 89/665 — Member States under an obligation to provide for review procedures — Access to review procedures limited to persons who have been or risk being harmed by the alleged infringements — Whether permissible — (Council Directive 89/665, Art. 1(3))

2. Approximation of laws — Review procedures relating to the award of public supply and public works contracts — Directive 89/665 — Member States under an obligation to provide for review procedures — Tenderer whose bid should have been eliminated before the selection — Access to review procedures refused because the tenderer neither has been nor risks being harmed — Not permissible — (Council Directive 89/665, Art. 1(3))

Summary

1. Article 1(3) of Directive 89/665 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 92/50 relating to the coordination of procedures for the award of public service contracts, does not preclude the review procedures laid down by the directive being available to persons wishing to obtain a particular public contract only if they have been or risk being harmed by the infringement they allege.

see para. 19, operative part 1

2. Article 1(3) of Directive 89/665 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 92/50 relating to the coordination of procedures for the award of public service contracts, does not permit a tenderer to be refused access to the review procedures laid down by the directive to contest the lawfulness of the decision of the contracting authority not to consider his bid as the best bid, on the ground that his bid should have been eliminated at the outset by the contracting authority for other reasons and that therefore he neither has been nor risks being harmed by the unlawfulness which he alleges. In the review procedure thus open to the tenderer, he must be allowed to challenge the ground of exclusion on the basis ofwhich the review body intends to conclude that he neither has been nor risks being harmed by the decision he alleges to be unlawful.

see para. 29, operative part 2
Keywords

Summary



Keywords

Approximation of laws — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435 — Costs of a parent company established in one Member State incurred in connection with its holding in the capital of its subsidiaries established in other Member States — Deductibility subject to the condition that such costs contribute to making profits taxable in the first Member State — Not permissible having regard to Article 52 of the Treaty (now, after amendment, Article 43 EC) — (EC Treaty, Art. 52 (now, after amendment, Art. 43 EC); Council Directive 90/435)

Summary

Directive 90/435 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, interpreted in the light of Article 52 of the EC Treaty (now, after amendment, Article 43 EC) precludes a national provision which, when determining the tax on the profits of a parent company established in one Member State, makes the deductibility of costs in connection with that company ' s holding in the capital of a subsidiary established in another Member State subject to the condition that such costs be indirectly instrumental in making profits which are taxable in the Member State where the parent company is established.

see para. 43 and operative part
Keywords

Summary



Keywords

Transport — Air transport — Access to the groundhandling market at Community airports — Collection of an access fee — Not permissible — Collection of an access fee for use of airport installations — Conditions — (Council Directive 96/67, Art. 16(3))

Summary

Directive 96/67 on access to the groundhandling market at Community airports, in particular Article 16(3) thereof, precludes the managing body of an airport from making access to the groundhandling market in the airport subject to payment by a supplier of groundhandling services or self-handler of an access fee as consideration for the grant of a commercial opportunity, in addition to the fee payable by that supplier or self-handler for the use of the airport installations. On the other hand, that body is entitled to collect a fee for the use of airport installations, of an amount, to be determined according to the criteria laid down in Article 16(3) of the Directive, which takes account of the interest of that body in making a profit.

see paras 60, 62-63, operative part
Keywords

Summary



Keywords

Actions for failure to fulfil obligations ? Examination of merits by the Court ? Situation to be taken into consideration ? Situation at the end of the period laid down in the reasoned opinion Art. 226 EC)

Summary

47, 49 et disp.)
Keywords

Summary



Keywords

Agriculture — Approximation of laws — Health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products — Directive 92/46 — National rules requiring a use-by date of four days for high-temperature pasteurised milk — Not permissible — (Arts 28 EC and 30 EC; Council Directive 92/46)

Summary

Council Directive 92/46 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products, as amended by Directive 94/71, and Articles 28 EC and 30 EC preclude national legislation which requires a use-by date of four days after preparation for high-temperature pasteurised milk.

see para. 54, operative part
Keywords

Summary



Keywords

Social security for migrant workers — Unemployment — Wholly unemployed frontier worker — Search for employment in one or more other Member States — Retention of benefit entitlement in the Member State of residence — (Council Regulation No 1408/71, Arts 69 and 71(1)(a)(ii))

Summary

By refusing to allow wholly unemployed frontier workers to make use of the possibility under Article 69 of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, of going, under the conditions laid down in that provision, to one or more Member States in order to seek employment there while retaining their entitlement to unemployment benefit, a Member State fails to fulfil its obligations under Articles 69 and 71 of the regulation.

The Member State of residence has sole competence for payment, in accordance with its legislation and through its institutions, of unemployment benefits to a frontier worker covered by Article 71(1)(a)(ii) of Regulation No 1408/71. It follows that that Member State, likewise, is alone able to ensure that payment of unemployment benefit to him may continue if he goes to another Member State in order to seek employment there.

see paras 33, 48, operative part 1
Keywords

Summary



Keywords

1. Free movement of capital — Liberalisation of capital movements — Directive 88/361 — Scope — (Council Directive 88/361, Art. 1(1))

2. Free movement of capital — Restrictions — National legislation concerning the assessment of inheritance tax on properties excluding from the assessment of their value the fact that non-resident owners were, before their death, under an obligation to transfer legal title to the financial owner — Not permissible

Summary

1. The mere fact that the result of a national provision is to restrict movements of capital by an investor who is a national of a Member State on the basis of his place of residence is sufficient for Article 1(1) of Directive 88/361 for the implementation of Article 67 of the Treaty (repealed by the Treaty of Amsterdam), which requires the Member States to abolish all restrictions on such movements of capital, to apply without the rights conferred by that directive being subject to the existence of other cross-border elements.

Similarly, it is not relevant that the provision in question was adopted by the Member State of origin of the person concerned.

see paras 59, 61

2. Community law precludes national legislation concerning the assessment of tax due on the inheritance of immovable property situated in the Member State concerned according to which, in order to assess the property's value, the fact that the person holding legal title was under an unconditional obligation to transfer it to another person who has financial ownership of that property may be taken into account if, at the time of his death, the former resided in that Member State, but may not be taken into account if he resided in another Member State.

see para. 76, operative part
Keywords

Summary



Keywords

Tax provisions — Harmonisation of laws — Turnover taxes — Common system of value added tax — Taxable amount — Supply of goods — Option for the Member States to exclude a transfer of a totality of assets or part thereof — Scope — (Council Directive 77/388, Art. 5(8))

Summary

Article 5(8) of Sixth Directive 77/388 must be interpreted as meaning that when a Member State has made use of the option in the first sentence of that paragraph to consider that, for the purposes of value added tax, no supply of goods has taken place in the event of a transfer of a totality of assets, that no-supply rule applies ─ without prejudice to use of the possibility of restricting its application in the circumstances laid down in the second sentence of the same paragraph ─ to any transfer of a business or an independent part of an undertaking, including tangible elements and, as the case may be, intangible elements which, together, constitute an undertaking or a part of an undertaking capable of carrying on an independent economic activity. The transferee must however intend to operate the business or the part of the undertaking transferred and not simply to immediately liquidate the activity concerned and sell the stock, if any.

On the other hand, nothing in the provision cited above requires that the transferee pursue prior to the transfer the same type of economic activity as the transferor.

Further, the restriction by a Member State of the application of that no-supply rule to transfers of a totality of assets where the transferee holds the authorisation for the pursuit of the economic activity which that totality enables to be carried on infringes that provision.

see paras 45-46, 55, operative part 1-2
Keywords

Summary



Keywords

Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Identification of waters affected by pollution or waters which could be affected by pollution – Member States’ obligations – Scope

(Council Directive 91/676, Arts 3(1), and 5, paras A(1), (2) and (3) of Annex I)

Summary

Pursuant to Article 3(1) of Directive 91/676 concerning the protection of waters against pollution caused by nitrates from agricultural sources, read in conjunction with paragraphs A(1) and A(2) of Annex I thereto, the Member States are obliged to identify as waters affected by pollution, or as waters which could be affected by pollution, not only waters intended for human consumption but also all surface freshwaters and groundwaters which have or could have a nitrate concentration in excess of 50 mg/l.

Moreover, pursuant to the same article, in conjunction with paragraph A(3) of Annex I to Directive 91/676, Member States are required to identify eutrophic freshwaters or freshwaters at risk of eutrophication in the near future if action pursuant to Article 5 of the directive is not taken.

(see paras 25, 43)