ddrg/super_eurlex huggingface dataset:
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Social security for migrant workers ° Legislation applicable ° Worker residing in a Member State other than the State of employment ° Conditions governing entitlement of members of the worker' s family to receive sickness benefits in kind paid by the State of residence ° Legislation of the State of employment

(Council Regulation No 1408/71, Art. 19(2))

Summary

Article 19(2) of Regulation No 1408/71 is to be understood as meaning that when a worker resides with the members of his family in the territory of a Member State other than the Member State in which he works, under whose legislation he is insured by virtue of the regulation, the conditions for entitlement to sickness benefits in kind for members of that person' s family provided by their State of residence are governed, in the same way as for the worker himself, by the legislation of the State in which that person works in so far as the members of his family are not entitled to those benefits under the legislation of their State of residence.
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Convention on Jurisdiction and the Enforcement of Judgments ° Special jurisdiction ° Dispute arising out of the operations of a branch, agency or other establishment ° Definition of "operations" ° Undertakings entered into by an ancillary establishment in the name of its parent body ° Undertakings to be performed abroad ° Included

(Convention of 27 September 1968, Art. 5(5))

Summary

The expression "dispute arising out of the operations of a branch, agency or other establishment" in Article 5(5) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, does not presuppose that the undertakings giving rise to the dispute, entered into by a branch in the name of its parent body, are to be performed in the Contracting State in which the branch is established.
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Convention on jurisdiction and the enforcement of judgments ° Special jurisdiction ° Jurisdiction in "matters relating to tort, delict or quasi-delict" ° Place where the harmful event occurred ° Plaintiff' s option ° Place where the damage occurred and the place of the event giving rise to it ° Scope ° Place where financial damage was suffered in consequence of initial damage arising and suffered by a victim in another Contracting State ° Excluded

(Brussels Convention of 27 September 1968, Article 5(3))

Summary

The term "place where the harmful event occurred" in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters does not, on a proper interpretation, cover the place where the victim claims to have suffered financial damage folowing upon initial damage arising and suffered by him in another Contracting State. Although that term may cover both the place where the damage occurred and the place of the event giving rise to it, it cannot be construed so extensively as to encompass any place where the adverse consequences can be felt of an event which has already caused damage actually arising elsewhere.
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Convention on Jurisdiction and the Enforcement of Judgments ° Special jurisdiction ° Counterclaim ° Definition ° Claim by the defendant in the main proceedings seeking the pronouncement of a separate judgment or decree ° Defence seeking to set off a claim by the defendant against a claim by the plaintiff ° Excluded

(Convention of 27 September 1968, Art. 6(3))

Summary

Article 6(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and by the Convention of 25 October 1982 on the Accession of the Hellenic Republic, is intended to establish the conditions under which a court has jurisdiction to hear a claim which would involve a separate judgment or decree. It therefore applies only to claims by defendants which seek the pronouncement of such a judgment or decree. It does not apply to the situation where a defendant raises, as a pure defence, a claim which he allegedly has against the plaintiff. The defences which may be raised and the conditions under which they may be raised are governed by national law.
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1. Social policy ° Approximation of laws ° Collective redundancies ° Directive 75/129 ° Establishment, within a group of undertakings, of a joint recruitment and dismissal department ° Whether permissible

(Council Directive 75/129, Art. 1(1)(a))

2. Community law ° Interpretation ° Plurilingual texts ° Uniform interpretation ° Differences between the language versions ° Reference to the purpose and general scheme of the rules in question

3. Social policy ° Approximation of laws ° Collective redundancies ° Directive 75/129 ° Definition of "establishment" ° Unit to which workers are assigned to carry out their duties ° No management which can independently effect collective redundancies ° Not an essential factor

(Council Directive 75/129, Art. 1(1)(a))

Summary

1. Article 1(1)(a) of Directive 75/129, on the approximation of the laws of the Member States relating to collective redundancies, is to be interpreted as meaning that it does not preclude two or more interrelated undertakings in a group, neither or none of which has decisive influence over the other or others, from establishing a joint recruitment and dismissal department so that, in particular, dismissals on grounds of redundancy in one of the undertakings can take place only with that department' s approval. The sole purpose of Directive 75/129 is partial harmonization of collective redundancy procedures and its aim is not to restrict the freedom of undertakings to organize their activities and arrange their personnel departments in the way which they think best suits their needs.

2. The different language versions of a Community text must be given a uniform interpretation and, in the case of divergence between the versions, the provision in question must therefore be interpreted by reference to the purpose and general scheme of the rules of which it forms part.

3. The term "establishment" appearing in Article 1(1)(a) of Directive 75/129 on the approximation of the laws of the Member States relating to collective redundancies must be understood as meaning, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an establishment, for the unit in question to be endowed with a management which can independently effect collective redundancies. To make the definition of "establishment", which is a concept of Community law and cannot be defined by reference to the laws of the Member States, dependent on the existence of such a management within the unit would be incompatible with the aim of the directive since that would allow companies belonging to the same group to try to make it more difficult for the directive to apply to them by conferring on a separate decision-making body the power to take decisions concerning redundancies and by this means they would be able to escape the obligation to follow certain procedures for the protection of workers, such as their right to be informed and consulted.
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Social security for migrant workers ° Community rules ° Replacing social security conventions concluded between Member States ° Limit ° Retention, solely in favour of workers who exercised their right to freedom of movement before the entry into force of Regulation No 1408/71, of the advantages previously provided by a combination of domestic law and the law of the relevant convention

(EC Treaty, Arts 48(2) and 51; Council Regulation No 1408/71, Art. 6)

Summary

Articles 48(2) and 51 of the Treaty must be interpreted as meaning that they do not preclude the replacement by Regulation No 1408/71, pursuant to Article 6 thereof, of a convention binding two Member States exclusively where, prior to the entry into force of that regulation, an insured person completed insurance periods in only one of the signatory States, even where the application of the bilateral social security convention would have placed that insured person in a more favourable position.

The replacement by the Community regulations of the provisions of social security conventions concluded between Member States is mandatory in nature and only allows of exceptions ° apart from the cases expressly stipulated by the regulations ° where it would cause workers who have previously exercised their right to freedom of movement to lose, following the entry into force of the regulation, the social security advantages enjoyed by them under conventions operating between two or more Member States and incorporated in their national law.
Joined Cases C-46/93 and C-48/93





Brasserie du Pêcheur SA

v

Federal Republic of Germany





and





The Queen

v

Secretary of State for Transport,

ex parte Factortame Ltd and Others







(References for a preliminary ruling from the Bundesgerichtshof and the High Court of Justice, Queen's Bench Division, Divisional Court)

«(Principle of Member State liability for damage caused to individuals by breaches of Community law attributable to the State – Breaches attributable to the national legislature – Conditions for State liability – Extent of reparation)»

Report for the Hearing

Opinion of Advocate General Tesauro delivered on 28 November 1995

Judgment of the Court, 5 March 1996

Summary of the Judgment

1.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Directly applicable nature of the provision infringed – No effect



2.. Community law – Breach by Member States – Consequences – No express, specific provisions in the Treaty – Definition by the Court of Justice – Method

(EEC Treaty, Art. 164)

3.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Infringement attributable to the national legislature – No effect



4.. Community law – Rights conferred on individuals – Infringement by a Member State – Infringement attributable to the national legislature having a wide discretion to make legislative choices – Obligation to make good damage caused to individuals – Conditions – Manner of reparation – Application of national law – Limits

(EEC Treaty, Arts 5 and 215, second para.)

5.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Determination of the damage for which reparation may be granted – Application of national law – Limits



6.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Conditions – Reparation limited to damage sustained after delivery of a judgment finding the relevant infringement – Not permissible



1.

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1. Actions against Member States for failure to fulfil obligations ° Interest in bringing proceedings ° Not necessary for an interest to be shown in the case of the Commission

(EC Treaty, Art. 169)

2. Member States ° Obligations ° Implementation of directives ° Failure ° Justification on the ground of the subsequent adoption of amending directives ° Not permissible

(EC Treaty, Art. 169)

Summary

1. In the exercise of its powers under Article 169 of the Treaty, the Commission does not have to show the existence of an interest in bringing proceedings since, in the general interests of the Community, its function is to ensure that the provisions of the Treaty are applied by the Member States.

2. The fact that the Community institutions amend directives is not sufficient to release Member States from their obligation to comply with those directives within the prescribed period.
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1. International agreements ° Agreements concluded by the Community ° Direct effect ° Article 39(1) of the EEC-Algeria Cooperation Agreement

(EEC-Algeria Cooperation Agreement, Article 39(1))

2. International agreements ° EEC-Algeria Cooperation Agreement ° Algerian workers employed in a Member State ° Social security ° Equal treatment ° Refusal on the ground of her nationality to grant to the widow of an Algerian worker, who continues to reside in the Member State where the worker had been employed and is in receipt of a survivor' s pension, a supplementary allowance paid by a national solidarity fund and intended to increase the level of pensioners' income ° Not permissible

(EEC-Algeria Cooperation Agreement, Article 39(1))

Summary

1. Article 39(1) of the EEC-Algeria Cooperation Agreement, which lays down in clear, precise and unconditional terms a prohibition of discrimination, based on nationality, in the field of social security, against workers of Algerian nationality and the members of their families living with them contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure.

It follows from the terms of that provision, as well as from the purpose and nature of the Agreement of which the article forms part, that it is capable of being applied directly, with the consequence that persons to whom the provision applies are entitled to rely on it before national courts.

2. It follows from the principle of freedom from any discrimination based on nationality in the field of social security, embodied in Article 39(1) of the EEC-Algeria Cooperation Agreement, that the widow of an Algerian migrant worker, who lives in the Member State in which the worker was employed and who satisfies all the conditions, save that of nationality, for receipt in that country of a special non-contributory benefit paid by a national solidarity fund, which is provided for recipients of a survivor' s pension, in order to give them a supplementary allowance guaranteeing a minimum means of subsistence, and the award of which is not dependent on the recipient having formerly had the status of worker, cannot be denied that benefit on grounds of nationality.

The personal scope of that provision covers not only an Algerian worker, but also the members of his family who continue after his death to live in the Member State in which he had been employed and there is no need, as regards the latter, to draw a distinction between derived rights and personal rights: the substantive scope covers all the benefits to which Regulation No 1408/71 applies by virtue of Article 4 thereof.
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Social security for migrant workers ° Benefits ° National rules against overlapping ° Benefits of the same kind ° Personal retirement pension and retirement pension granted to a divorcee who has not remarried ° Benefits of a different kind

(Regulation (EEC) No 1408/71 of the Council, Arts 12(2) and 46a)

Summary

A retirement pension granted under the legislation of one Member State, on the basis of periods of insurance personally completed in that State by the person concerned, and a retirement pension obtained under the legislation of another Member State by that person as a divorcee, on the basis of periods of insurance completed by that person' s former spouse, are not benefits of the same kind within the meaning of Article 12(2) of Regulation No 1408/71 and Articles 12(2) and 46a of that regulation, as amended by Regulation No 1248/92.

Those benefits do not have the same purpose and object, since the aim of the benefit granted to a divorcee is to ensure that that person has adequate means of subsistence in view of the fact that he or she no longer has access to the income of his or her former spouse, whereas the personal retirement pension is intended to ensure that a worker has adequate income from the time at which he or she personally retires. Furthermore, the two benefits are calculated or provided on the basis of the periods of employment of two different persons, since that payable to a divorcee takes account of the period of employment and remuneration of the former spouse, whereas that payable in respect of personal retirement is calculated on the basis of periods of insurance completed by the person concerned.
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Social policy ° Male and female workers ° Access to employment and working conditions ° Equal treatment ° Directive 76/207 ° Scope ° Family benefit intended to keep poorly paid workers in employment ° Included ° Access to employment ° Concept ° Working conditions ° Concept

(Council Directive 76/207)

Summary

A benefit such as family credit, which may be paid to a person in Great Britain if his income is no higher than a given ceiling, if he, or if he is a member of a couple, he or the other member of the couple, is engaged in remunerative work and he or the other member of the couple is responsible for a child or another member of the same household, and which performs the dual function of keeping poorly paid workers in employment and of meeting family expenses, has by virtue of its first function an objective which brings it within the scope of 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.

The concept of access to employment referred to in Article 3 of the directive must not be understood as relating solely to the conditions existing before an employment relationship is created. The prospect of receiving family credit if he accepts low-paid work encourages an unemployed worker to accept such work, with the result that the benefit is related to considerations governing access to employment. Furthermore, compliance with the fundamental principle of equal treatment presupposes that a benefit such as family credit, which is necessarily linked to an employment relationship, constitutes a working condition within the meaning of Article 5 of the directive.
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1. Preliminary rulings ° Jurisdiction of the Court ° Limits ° Question obviously irrelevant

(EC Treaty, Art. 177)

2. Approximation of laws ° Procedures for the award of public works contracts ° Directive 71/305 ° Award of contracts ° Abnormally low tenders ° Rejection pursuant to the derogating provisions of the last subparagraph of Article 29(5) ° Conditions ° Definitive award to have been made by 31 December 1992

(Council Directive 71/305, Art. 29(5))

Summary

1. In the preliminary rulings procedure provided for in Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable them to give judgment and the relevance of the questions which they refer to the Court. A request for a preliminary ruling from a national court may be rejected only if it is quite obvious that the interpretation of Community law sought by that court bears no relation to the actual nature of the case or the subject-matter of the main action.

2. The last subparagraph of Article 29(5) of Directive 71/305 concerning the coordination of procedures for the award of public works contracts, as amended by Article 1(20) of Directive 89/440, which introduces temporary, derogating arrangements constituting an exception to the procedure normally laid down by the Community rules, must be interpreted as meaning that only procedures in which the definitive award was made by 31 December 1992 are entitled to qualify for the derogation provided for in that provision as regards the rejection of abnormally low tenders.
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Freedom of movement for persons ° Freedom of establishment ° Treaty provisions ° Not applicable to situations purely internal to a Member State

(EC Treaty, Art. 52)

Summary

Article 52 of the EC Treaty does not apply to a purely internal situation in a Member State such as that in which a national of a Member State engages within its territory in a self-employed activity in respect of which he cannot rely on any previous training acquired in another Member State.
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Tax provisions ° Harmonization of laws ° Turnover tax ° Common system of value added tax ° Taxable transactions ° Supply of services ° Definitive discontinuation, by means of compensation, of milk production ° Excluded

(Council Regulation No 1336/86; Council Directive 77/388, Arts 6(1) and 11(A)(1)(a))

Summary

Articles 6(1) and 11(A)(1)(a) of the Sixth Council Directive (77/388/EEC) on the harmonization of the laws of the Member States relating to turnover taxes, in respect of the definition of a supply of services and the constitution of the taxable amount, respectively, are to be interpreted as meaning that an undertaking to discontinue milk production given by a farmer under Regulation No 1336/86 does not constitute a supply of services. Consequently, any compensation received for that purpose is not subject to turnover tax.

Where it grants such compensation, the Community is not in the situation of a consumer who remunerates a service supplied by a farmer who gives such an undertaking, but is acting in the common interest of promoting the proper functioning of the Community milk market.
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1. Free movement of goods ° Trade with non-member countries ° Inward processing arrangements ° Release for home use of goods initially subject to inward processing arrangements ° Recovery of the agricultural levy ° Charging of default interest ° Permissible

(Council Directive 69/73, Art. 16)

2. Tax provisions ° Harmonization of laws ° Turnover tax ° Common system of value added tax ° Chargeable event and chargeability of the tax ° Inward processing arrangements ° Release for home use of goods initially subject to inward processing arrangements ° Recovery of the tax payable on imported goods ° Charging of default interest ° Not permissible

(Council Directive 77/388, Arts 10(3), 4th subpara.)

Summary

1. Directive 69/73 on inward processing arrangements allowed a Member State to provide that, in the case of release for home use in the Community of goods previously subject to inward processing arrangements, the agricultural levy payable is to bear default interest for the period between temporary importation and definitive importation.

2. The Sixth Directive, Council Directive 77/388, precludes a Member State from requiring default interest to be charged on the VAT payable in the event of declaration for home use in the Community of goods which were earlier subject to inward processing arrangements for the period between temporary importation and definitive importation.

That possibility is excluded by the fourth subparagraph of Article 10(3) of the directive, which applies to inward processing arrangements and provides that the tax is to become chargeable only when the goods cease to be subject to those arrangements and are declared for home use.