ddrg/super_eurlex huggingface dataset:
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Common Customs Tariff ° Revision or suspension of import duties ° Description of the products concerned ° Interpretation ° Criteria ° Analog-to-digital converters for the calculation of the average value of variable wave-forms, contained in a housing the exterior dimensions of which do not exceed 18 x 10 mm ° Converters contained in a circular housing having a diameter not exceeding 10 mm ° Covered

(Council Regulations Nos 3841/86, 1828/87, 3747/87, 1779/88, 3696/88, 1656/89 and 3393/89)

Summary

Regulations Nos 3841/86, 1828/87, 3747/87, 1779/88, 3696/88, 1656/89 and 3393/89 temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products must be interpreted as meaning that the description of the product ex tariff heading 85.21 D II and subsequently ex 8542 11 99, defined as an analog-to-digital converter contained in a housing the exterior dimensions of which do not exceed 18 x 10 mm, also covers converters contained in circular housings the diameter of which does not exceed 10 mm. Since those regulations apply to a product contained in a housing which is not required to be the subject of any particular protection in terms of Community production, the form of which is not specified, and which is described only in terms of its maximum exterior dimensions, they apply to circular housings as well as to rectangular ones.
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1. Competition ° Agreements, decisions and concerted practices ° Agreements between undertakings ° Adverse effect on competition ° Effect on trade between Member States ° Selective distribution system for motor vehicles ° Dealers prohibited from supplying leasing companies not tied to the manufacturer with vehicles intended to be supplied, without a purchase option, to customers residing outside their own contract territory ° Not permissible

(EEC Treaty, Art. 85(1))

2. Competition ° Agreements, decisions and concerted practices ° Prohibition ° Block exemption ° Regulation No 123/85 ° Dealers prohibited from supplying leasing companies not tied to the manufacturer with vehicles intended to be supplied, without a purchase option, to customers residing outside their own contract territory ° Not exempted

(Commission Regulation No 123/85)

Summary

1. Article 85(1) of the Treaty must be interpreted as meaning that it precludes a motor vehicle manufacturer which sells its vehicles through a selective distribution system from agreeing with its authorized dealers that they are not to deliver vehicles to independent leasing companies where, without granting an option to purchase, those companies make them available to lessees whose residence or seat is outside the contract territory of the dealer in question, or from calling on such dealers to act in that manner.

By establishing absolute territorial protection for the various dealers and reducing each dealer' s freedom of commercial action, in so far as each individual dealer' s choice of customer is confined exclusively to those leasing companies which have concluded contracts with lessees established within its contract territory, such an agreement has as its object and effect the restriction to an appreciable extent of trade within the common market. Secondly, since such an agreement relates to products which are the subject of significant international trade, it may affect trade between Member States.

2. Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements must be interpreted as meaning that it does not exempt an agreement whereby a motor vehicle manufacturer which sells its vehicles through a selective distribution system agrees with its dealers that they are not to deliver vehicles to independent leasing companies where, without granting an option to purchase, those companies make them available to lessees whose residence or seat is outside the contract territory of the dealer in question, or calls on such dealers to act in that manner.
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Officials ° Actions ° Action against an act adversely affecting the official adopted during a recruitment procedure ° Plea based on the unlawfulness of an act adversely affecting the official adopted earlier in the same procedure ° Admissibility ° Conditions ° Whether unlawfulness of the competition notice may be relied upon to challenge refusal to admit the official to the competition

(Staff Regulations, Art. 91)

Summary

In an action challenging an act adversely affecting an official which was adopted during a recruitment procedure the applicant may rely on the unlawfulness of acts adopted at an earlier stage in the procedure provided that they are closely linked to the contested act. Since the recruitment procedure is a complex administrative operation composed of a series of decisions which are closely linked, to deny applicants that possibility would be to oblige them to bring as many actions as there are acts in the procedure capable of adversely affecting them. The availability of a plea of unlawfulness of earlier acts in the procedure cannot, when it is the competition notice which the applicant challenges, depend on distinctions as to the degree of clarity and precision of the notice. The considerations pertaining to the complexity of the recruitment procedure which justify the availability of such a plea remain entirely apt even if the condition in the competition notice which is at issue is clear and precise.
JUDGMENT OF THE COURT (Fifth Chamber)

28 March 1996

((Sixth VAT Directive – Article 13B(h) and Article 4(3)(b) – Supply of building land))

In Case C-468/93,

and

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

─

─

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having regard to the Report for the Hearing,

after hearing the oral observations of the municipality of Emmen, represented by R. Brouwer and W.A. Rouwenhorst, the Netherlands Government, represented by J.S. van den Oosterkamp, Assistant Legal Adviser in the Ministry of Foreign Affairs, and G.D. van Norden, Director in the Ministry of Finance, and the Commission of the European Communities, represented by B.J. Drijber, at the hearing on 9 November 1995,

after hearing the Opinion of the Advocate General at the sitting on 14 December 1995,
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Actions against Member States for failure to fulfil obligations ° Preliminary stage ° Formal letter of notice ° Definition of the subject-matter of the dispute ° Reasoned opinion ° Detailed statement of complaints ° Permissibility

(EEC Treaty, Art. 169; EAEC Treaty, Art. 141)

Summary

In the light of the purpose assigned by Article 169 of the EEC Treaty, the wording of which is identical to that of Article 141 of the EAEC Treaty, to the preliminary stage of the Treaty infringement procedure, of which the formal letter of notice forms a part, that formal letter is intended to define the subject-matter of the dispute and to indicate to the Member State which is invited to submit its observations the factors enabling it to prepare its defence. The opportunity for the Member State concerned to submit its observations constitutes an essential guarantee required by the Treaty and, even if the Member State does not consider it necessary to avail itself thereof, observance of that guarantee is an essential formal requirement of the Treaty infringement procedure.

Although it follows that the reasoned opinion provided for in Article 169 of the EEC Treaty must contain a coherent and detailed statement of the reasons which led the Commission to conclude that the State in question has failed to fulfil one of its obligations under the Treaty, it is not possible to impose such strict requirements as regards the formal letter of notice, which of necessity will contain only an initial brief summary of the complaints.
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Agriculture ° Common organization of the markets ° Sugar ° Offsetting of storage costs ° Levy on manufacturers ° Materialization of the obligation to pay the levy ° Disposal of the sugar

(Council Regulations No 3300/74, Art. 8(1) third subpara.(a), as amended by Regulation No 1396/78, No 1358/77, Art. 6(4), and No 1785/81, Art. 8(2), third subpara. (a))

Summary

Article 8(1), third subparagraph (a), of Regulation No 3330/74 on the common organization of the markets in the sugar sector, as amended by Regulation No 1396/78, Article 8(2), third subparagraph (a), of Regulation No 1785/81, which is in identical terms and replaced Regulation No 3330/73, and Article 6(4) of Regulation No 1358/77 laying down general rules for offsetting storage costs for sugar must be interpreted as meaning that the prescribed conditions for materialization of the obligation to pay the storage levy are satisfied only when the sugar is disposed of, and not when it is produced.
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Competition ° Public undertakings and undertakings to which the Member States grant special or exclusive rights ° National legislation prohibiting the marketing and advertising of telecommunications terminal equipment which has not received type-approval ° Monitoring of conformity with technical specifications as required for type-approval carried out by a test laboratory not satisfying the requirement of independence from economic agents present on the telecommunications market ° Not permissible

(Commission Directive 88/301, Art. 6)

Summary

Article 6 of Directive 88/301 on competition on the markets in telecommunications terminal equipment must be interpreted as precluding the application of national rules which prohibit economic agents from, and penalize them for, manufacturing, importing, stocking for sale, marketing, distributing or advertising terminal equipment without furnishing proof, in the form of a type-approval or other document regarded as equivalent, that such equipment conforms to certain essential requirements relating in particular to the safety of users and the proper functioning of the network where there is no guarantee that a test laboratory responsible for technically monitoring the conformity of the equipment with the technical specifications is independent from economic agents offering goods or services in the telecommunications sector.
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1. Fisheries ° Conservation of resources of the sea ° Fishing quota system ° Control measures ° Inspection of fishing vessels ° Detailed rules ° Obligation of vessels engaged in an inspection to fly an identification pennant so as to be clearly visible ° Scope ° Auxiliary boat operating independently for a time ° Subject to that obligation

(Commission Regulation No 1382/87, Art. 2 and Annex I)

2. Fisheries ° Conservation of resources of the sea ° Fishing quota system ° Control measures ° Inspection of fishing vessels ° Detailed rules ° Obligation of the skipper of a vessel to be inspected to comply with the orders of a representative of the competent authority of a Member State ° Condition ° Awareness of the status of that representative ° Presumption of unawareness

(Commission Regulation No 1382/87, Arts 2 and 3)

Summary

1. Article 2 of Regulation No 1382/87, establishing detailed rules concerning the inspection of fishing vessels, must be interpreted as meaning that every inspection vessel, regardless of type or dimensions, must display the identification symbol or pennant described in Annex I to that regulation.

Only if a vessel flies a distinctive symbol of that kind, so that it is visible, can the skipper of a fishing vessel identify it as an inspection vessel and comply with orders given by it, without any other form of warning, in accordance with Article 3(1) of the Regulation. That finding is not affected by the fact that the boat undertaking the inspection belongs to the main vessel but is, for the time being, operating independently.

2. The obligation to comply with the orders of a representative of the competent authority of a Member State, under Article 3 of Regulation No 1382/87, which lays down detailed rules concerning the inspection of fishing vessels, presupposes that the skipper of the vessel to be inspected is aware of the status of that representative. In the absence of the symbol or pennant required by Article 2 of the Regulation, the skipper is presumed to be unaware of that status, unless the authorities taking action concerning the infringement prove otherwise.
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1. Accession of new Member States to the Communities ° Spain ° Provisions of Protocol No 2 on the abolition of customs duties levied on imports from the Community into the Spanish territories of the Canary Islands and Ceuta and Melilla ° Applicable to charges having equivalent effect, also from the point of view of taxation of domestic products

(1985 Act of Accession, Arts 30, 31 and 32 and Protocol No 2, Art. 6(2))

2. Accession of new Member States to the Communities ° Spain ° Provisions applicable to the Spanish territories of the Canary Islands and Ceuta and Melilla ° Prohibition of a charge having the appearance of internal taxation but which in fact applies only to imported products

(EC Treaty, Arts 9, 12 and 95; ECSC Treaty, Art. 4(a); 1985 Act of Accession and Protocol No 2)

Summary

1. Article 6(2) of Protocol No 2 to the Act of Accession of Spain and Portugal, which provides that customs duties existing in the Spanish territories of the Canary Islands and Ceuta and Melilla are to be abolished progressively according to the same timetable and under the same conditions as those provided for in Articles 30, 31 and 32 of the Act of Accession, that is to say, by 1 January 1993 at the latest, is to be interpreted as referring not only to the customs duties stricto sensu which it expressly mentions but also to charges having an effect equivalent to customs duties. That conclusion applies both to products imported into those territories from Spain and to those coming from the rest of the Community customs territory.

2. The provisions of the Act of Accession of Spain and Portugal and of Protocol No 2 thereto, in conjunction with Articles 9 and 12 of the EC Treaty or Article 4(a) of the ECSC Treaty, or with Article 95 of the EC Treaty, preclude the levying by a Member State of a charge which, although having the appearance of internal taxation, is, either by reason of the wording of the provisions imposing it or by reason of the manner in which the administrative authority applies it, such as to be levied upon imported products or certain categories of those products, to the exclusion of local products in the same category.
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Social policy ° Male and female workers ° Access to employment and working conditions ° Equal treatment ° Directive 76/207 ° Dismissal of a transsexual for a reason arising from the gender reassignment of the person concerned ° Not permissible

(Council Directive 76/207, Art. 5(1))

Summary

In view of the objective pursued by Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, Article 5(1) of the directive precludes the dismissal of a transsexual for a reason arising from the gender reassignment of the person concerned. Since the right not to be discriminated against on grounds of sex constitutes a fundamental human right, the scope of the directive cannot be confined simply to discrimination based on the fact that a person is of one or other sex. It must extend to discrimination arising from gender reassignment, which is based, essentially if not exclusively, on the sex of the person concerned, since to dismiss a person on the ground that he or she intends to undergo, or has undergone, gender reassignment is to treat him or her unfavourably by comparison with persons of the sex to which he or she was deemed to belong before that operation.
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Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Direct insurance other than life insurance — Directive 92/49 — Scope — Insurance forming part of a statutory system of social security — Excluded — (Council Directive 92/49/EEC, Art. 2(2))

Summary

Article 2(2) of Directive 92/49 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239 and 88/357 is to be interpreted as meaning that social security schemes such as the French statutory social security schemes providing health and maternity insurance for the self-employed in non-agricultural trades, old-age insurance for those in skilled manual trades and old-age insurance for those in industrial and commercial trades are excluded from the scope of Directive 92/49. That provision quite clearly excludes from the scope of the directive not merely social security organizations but also the types of insurance and operations which they provide in that capacity. Furthermore, the Member States retain their powers to organize their social security systems and thus to set up compulsory schemes based on the principle of solidarity, which would be unable to survive if the directive were to be applied to them, removing the obligation to contribute.
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Tax provisions ° Harmonization of laws ° Turnover taxes ° Common system of value added tax ° Sixth Directive ° Territorial scope ° Transport services carried out in the territory of the Member States ° Round trips within territorial and international waters ° Requirement to tax that part of the journey within territorial waters ° Failure to fulfil obligations ° Justification ° None

(Council Directive 77/388, Arts 2, 9(2) and 28(5))

Summary

The specific connection rule for transport services laid down in Article 9(2)(b) of the Sixth Directive 77/388 on the harmonization of the laws of the Member States relating to turnover taxes is intended to ensure that each Member State taxes transport services as regards the parts of the journey carried out in its territory. Accordingly, a Member State fails to fulfil its obligations under that provision and Article 2 of the directive where it exempts from value added tax sea voyages in vessels flying the national flag which do not put in at a foreign port as regards the part of the journey within its territorial waters. The defaulting Member State cannot justify its failure in that respect by relying on the practical difficulties confronting it, on the fact that the taxable amounts in question would be negligible, on the absence of the definitive rules for charging VAT on passenger transport provided for in Article 28(5) of the Sixth Directive or on the exemption applying to international maritime transport and trips organized by undertakings from non-member countries.
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Own resources of the European Communities ° Customs duties ° Customs debt ° Directive 79/623 ° Article 2(d) ° Direct effect ° Applicability in the event of infringement of Regulation No 612/77

(Commission Regulation No 612/77; Council Directive 79/623, Article 2(d))

Summary

Article 2(d) of Directive 79/623, under which a customs debt on importation is incurred in the event of the non-fulfilment of one of the obligations arising, in respect of goods, from the use of the customs regime under which they are placed or non-compliance with a condition to which the grant of the regime is subject, unless it is proved that these failures have no significant effect on the correct operation of the customs regime in question, has direct effect and confers on individuals rights which they may assert against a Member State which has failed to transpose the directive into national law, and which the national courts must safeguard. Indeed, that provision is unconditional and sufficiently precise to be relied upon before national courts, since it clearly provides for the possibility for the person concerned to prove that the failures to fulfil obligations which he committed had no significant effect on the correct operation of the customs regime in question, which means that the competent national authorities are under an unconditional, unequivocal obligation to examine offers of proof put forward in that respect.

That provision is also applicable in the event that Regulation No 612/77 laying down rules for the application of the special import arrangements in respect of certain young male bovine animals for fattening, as amended by Regulation No 1384/77, is infringed. The provisions of that regulation, which were adopted by the Commission on the basis of a delegated legislative power in a specific field, cannot render inoperative the rules of general application of Directive 79/623, in particular those of the aforesaid Article 2(d).
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Prohibition on marketing, importing or using pesticides without prior authorization ° Biocidal products ° Justification ° Protection of public health ° Conditions

(EC Treaty, Arts 30 and 36)

Summary

A legal provision of a Member State prohibiting pesticides for non-agricultural use which have not been previously authorized from being marketed, acquired, offered, put on display or sale, kept, prepared, transported, sold, disposed of for valuable consideration or free of charge, imported or used, constitutes a measure having an effect equivalent to a quantitative restriction within the meaning of Article 30 of the Treaty.

In so far as such a prohibition relates to biocidal products containing dangerous substances which have not yet been the subject of any Community legislation relating to their marketing, it is justified under Article 36 of the Treaty, even if the products in question have already been authorized for sale in another Member State. In the absence of harmonizing rules, the Member States are free to decide on their intended level of protection of human health and life and on whether to require prior authorization for the marketing of such products. The competent authorities are nevertheless required to assist in bringing about a relaxation of the controls existing in intra-Community trade and are therefore not entitled unnecessarily to require technical or chemical analyses or laboratory tests when the same analyses or tests have already been carried out in that other Member State and their results are available to those authorities or may at their request be placed at their disposal.