ddrg/super_eurlex huggingface dataset:
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1.Action for damages - Action against the institution alleged to have caused the Community to incur liability - Admissibility

( EEC Treaty, Art . 178 and second paragraph of Art . 215 )

2.Non-contractual liability - Conditions - Unlawful act - Damage - Causal link

( EEC Treaty, second paragraph of Art . 215 )

Summary

1.Where the liability of the Community is incurred by the act of one of its institutions, it is represented before the Court by the institution or institutions accused of the act giving rise to liability . However, it does not follow that the fact of bringing an action directly against the institution accused of the act in question renders the application inadmissible; such an application must be deemed to be directed against the Community represented by that institution .

2.The Community can incur non-contractual liability and the right to have any damage suffered made good can be enforced only if there was an unlawful act on the part of one of the Community institutions, real damage was suffered, and there was a causal link between the act and the damage .
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Accession of new Member States to the Communities - Portugal - Free movement of persons - Workers - Equal treatment - Portuguese national employed on board a ship of one of the Member States since a date prior to accession - Right to reside in the territory of the Member State in which employment is held

( Act of Accession of 1985, Art . 216(1 ); Regulation No 1612/68 of the Council, Art . 7 et seq .; Council Directive 68/360, Art . 4 )

Summary

Article 216(1 ) of the Act of Accession of Portugal must be interpreted as meaning that the provisions relating to the holding of employment and equal treatment which are contained in Article 7 et seq . of Regulation No 1612/68 on freedom of movement for workers within the Community may be relied upon by a Portuguese national who, since a date prior to the accession of Portugal, has been carrying on an activity as an employed person on board a vessel flying the flag of another Member State and who has not been granted possession of a residence document for carrying on an activity as a employed person in the territory of that State, if the employment relationship has a sufficiently close connection with the territory of that Member State .

A Portuguese national who satisfies those conditions may rely on Article 4 of Directive 68/360 under which Member States are to grant the right of residence in their territory to workers from Member States and to their families moving within the Community .
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1.Social policy - Equal treatment for men and women in matters of social security - National legislation guaranteeing, in the event of incapacity for work, benefits of an amount not dependent on previous income - Exception made with regard to part-time workers - Exception mainly affecting female workers - Not permissible unless objectively justified

( Council Directive 79/7, Article 4(1 ) )

2.Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Article 4(1 ) - Direct effect - Scope

( Council Directive 79/7, Article 4(1 ) )

Summary

1.Article 4(1 ) of Directive 79/7 on the prohibition of discrimination on grounds of sex in social security matters precludes a provision from creating, within the framework of national legislation which guarantees to insured persons suffering from incapacity for work a minimum subsistence income of an amount not dependent on the income previously received by them, an exception to that principle in respect of insured persons who had previously worked on a part-time basis and from limiting the amount of the allowance to the wage previously received, where that measure affects a much larger number of women than of men, unless that legislation is justified by objective factors unrelated to any discrimination on grounds of sex .

2.If no appropriate measures exist for implementing Article 4(1 ) of Directive 79/7 and there is indirect discrimination by the State, the class of persons placed at a disadvantage by reason of that discrimination must be treated in the same way and according to the same rules as other recipients of the allowance, such rules remaining the only valid point of reference so long as the directive has not been implemented correctly .
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1.Reference for a preliminary ruling - Jurisdiction of the Court - Question intended to permit the national court to determine whether the legislation of another Member State is compatible with Community law - Question answerable

( EEC Treaty, Art . 177 )

2.Approximation of laws - Cosmetic products - Packaging and labels - Directive 76/768 - Exhaustive harmonization - National rules requiring information not referred to in the directive - Prohibited

( Council Directive 76/768, Art . 6(1)(a ) and ( 2 ) )

Summary

1.When ruling on questions intended to permit the national court to determine whether provisions of its national law are in accordance with Community law, the Court may provide the criteria for the interpretation of Community law which will enable the national court to solve the legal problem with which it is faced . The same is true when it is to be determined whether the provisions of the law of a Member State other than that of the court requesting the ruling are compatible with Community law .

2.Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products has provided exhaustively for the harmonization of national rules on the packaging and labelling of those products . Consequently :

( i ) Article 6(2 ) of the directive, which requires Member States to take all measures necessary to ensure that in the labelling, presentation for sale and advertising of cosmetic products, the wording, use of names, trade marks, images or other signs, figurative or otherwise, suggesting a characteristic which the products in question do not possess are prohibited, precludes national rules from requiring an indication of the quality and quantity of the substances whose presence is indicated on the packaging, in advertisements, or in the names of cosmetic products covered by the directive;

( ii ) Article 6(1)(a ), which requires Member States to take all measures necessary to ensure that cosmetic products may be marketed only if their packaging, containers or labels bear, inter alia, the name or style and the address or registered office of the manufacturer or the person responsible for marketing the cosmetic product who are established within the Community, prohibits a Member State from requiring, in the case of imported cosmetic products, manufactured by a producer established in the Community, that the name of the undertaking established and responsible for marketing in that Member State should be given on the packaging, containers or labels of the products .
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Convention on jurisdiction and the enforcement of judgments - Exclusive jurisdiction - "Proceedings which have as their object rights in rem in immovable property" - Concept - Independent interpretation - "Action paulienne" - Not included

( Brussels Convention of 27 September 1968, Art . 16(1 ) )

Summary

The concept of "proceedings which have as their object rights in rem in immovable property" mentioned in Article 16(1 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters must be given an independent interpretation . It encompasses only those actions concerning rights in rem in immovable property which both come within the scope of the Brussels Convention and are actions which seek to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and to provide the holders of those rights with the protection of the powers which attach to their interest .

It does not apply to an action whereby a creditor seeks to have a disposition of a right in rem in immovable property rendered ineffective as against him on the ground that it was made in fraud of his rights by his debtor .
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Common Customs Tariff - Customs value - Amounts paid to the seller for certificates of authenticity required for the purposes of the tariff quota opened by Regulation No 217/81 - Inclusion - Classification as taxes paid in the Community by reason of the importation - Not permissible

( Council Regulations Nos 1224/80, Art . 3(1 ), ( 3 ) and ( 4 ) and No 217/81 )

Summary

Regulation No 1224/80 on the valuation of goods for customs purposes and, in particular Article 3(1 ) and ( 3 ) thereof, is to be interpreted as meaning that in assessing the value of imported Argentinian beef for the purposes of Regulation No . 217/81, opening a Community tariff quota for high quality, fresh, chilled or frozen beef and veal falling within subheading 02.01 A II ( a ) and 02.01 A II ( b ) of the Common Customs Tariff, the amounts paid to the seller in addition to the price of the goods for the certificates of authenticity needed for recourse to the quota rules must be regarded as an integral part of the value for customs purposes .

The said amounts must not be regarded as taxes paid in the Community by reason of the importation within the meaning of Article 3(4 ) of Regulation No 1224/80 .
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1.Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Reservation of a proportion of a public supply contract to undertakings located in a particular region of the national territory - Not permissible - Measure benefiting only part of domestic production - No effect

( EEC Treaty, Art . 30 )

2.Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Measure which might be regarded as aid within the meaning of Article 92 of the Treaty - Applicability of the prohibition of measures having equivalent effect not precluded by that possibility

( EEC Treaty, Arts 30 and 92 )

Summary

1.Article 30 of the Treaty precludes national rules which reserve to undertakings established in particular regions of the national territory a proportion of public supply contracts .

Although the restrictive effects of a preferential system of that kind are borne in the same measure both by products manufactured by undertakings from the Member State in question which are not situated in the relevant region and by products manufactured by undertakings established in the other Member States, the fact remains that all the products benefiting by the preferential system are domestic products . Moreover, the fact that the restrictive effect exercised by a State measure on imports does not benefit all domestic products but only some cannot exempt the measure in question from the prohibition set out in Article 30 .

2.The Treaty provisions on aid may in no case be used to frustrate the Treaty rules on the free movement of goods . They both pursue a common purpose, namely to ensure the free movement of goods between Member States under normal conditions of competition . The fact that a national measure might be regarded as aid within the meaning of Article 92 is therefore not a sufficient reason to exempt it from the prohibition contained in Article 30 .
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Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Determination of the reference quantities exempt from the levy - Producer selling directly for consumption - Basis of calculation - Quantities marketed directly during the reference year and produced by the farmer' s own herd

( Regulation No 804/68 of the Council, Art . 5c, and Council Regulation No 857/84, Art . 6(1 ) )

Summary

Article 6(1 ) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk must be interpreted as meaning that the reference quantity assigned to a producer of milk and milk products selling directly to consumption, as referred to in Article 5c(2 ) of Regulation No 804/68, is to be calculated on the basis of the quantity of milk or milk products which he sold directly to consumption during the relevant reference year and which was produced by his own herd .
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Social security for migrant workers - Benefits - Residence clauses - Waiver - Scope and limits - Insurance in respect of old age and death - Special procedures for applying the Netherlands legislation on general old-age insurance - Periods prior to 1 January 1957 taken into account subject to a residence requirement in certain cases - Permissible

( Council Regulation No 1408/71, Art . 10(1 ), and Annex VI, Part J, Point 2 )

Summary

The purpose of Article 10(1 ) of Regulation No 1408/71 concerning the waiving of residence clauses is to guarantee the person concerned his right to social security benefits even after taking up residence in a different Member State and to promote the freedom of movement of workers, by insulating those concerned from the harmful consequences which might result when they transfer their residence from one Member State to another . If that objective is to be attained, the protection given must necessarily extend to cover benefits which, while created within the confines of a particular scheme, are given effect by increasing the value of the pension to which the recipient is entitled .

However, the rule in Article 10 cannot be applied without restriction to a general old-age insurance scheme, such as the Netherlands scheme, in which the mere fact of residence in the State is sufficient qualification for insurance purposes . Consequently, Point 2 of the part entitled "Netherlands" in Annex VI to Regulation No 1408/71 lays down special provisions governing the waiving of residence clauses in that system, particularly with regard to the treatment of periods prior to 1 January 1957 as periods of insurance for persons who satisfy certain conditions . Interpreted in the light of those provisions, Article 10(1 ) thus does not preclude a provision of the relevant Netherlands legislation from preventing a person from acquiring the right to the benefit of the transitional provisions which it lays down merely because he is not resident in the territory of the State .
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Social policy - Male and female workers - Access to employment and working conditions - Equal treatment -Dismissal of a female employee on account of absences due to an illness attributable to pregnancy or confinement - Whether permitted

( Council Directive 76/207, Arts 2 and 5 )

Summary

Without prejudice to the provisions of national law for the protection of women, particularly in connection with pregnancy and maternity, adopted pursuant to Article 2(3 ) of Directive 76/207/EEC 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 that directive, in conjunction with Article 2(1 ) thereof, does not preclude dismissals which are the result of absences due to an illness attributable to pregnancy or confinement .
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1. Proceedings under Article 169 - Proof of infringement - Burden on Commission

(EEC Treaty, Art. 169)

2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Pricing rules - Legislation giving preference to national pharmaceutical products to the detriment of imported products - Not permissible

(EEC Treaty, Art. 30)

Summary

1. Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement.

2. The introduction by a Member State in the pharmaceutical products sector of a system of programme contracts from which only national undertakings can benefit, and which, in return for commitments on investment, research, employment and exports, allows derogations to be granted from the general rules on price control and places the products that benefit from the system at an advantage as regards approval for reimbursement, constitutes an infringement of Article 30 of the Treaty. That system is such as to place imported products at a disadvantage and, therefore, constitutes a measure having an effect equivalent to a quantitative restriction prohibited by that provision.
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1 . Tax provisions - Internal taxation - Article 95 of the Treaty - Scope - Taxation of imported products in the absence of similar or competing domestic production - Excluded - Excessive level of taxation - Not relevant - To be appraised under Article 30 et seq . of the Treaty

( EEC Treaty, Arts 30 and 95 )

2 . Tax provisions - Internal taxation - System of registration duty for used cars - No domestic production of cars - Provisions giving rise to over-taxation of imported cars in comparison with those sold on the domestic market - Incompatibility with Article 95 of the Treaty ( EEC Treaty, Art . 95 )

Summary

1 . Article 95 cannot be invoked against internal taxation imposed on imported products where there is no similar or competing domestic production . In particular, it does not provide a basis for censuring the excessiveness of the level of taxation which the Member States might adopt for particular products in the absence of discriminatory or protective effect . Such obstacles to the free movement of goods as may derive from taxation of that kind must be appraised by reference to the general rules contained in Article 30 et seq . of the Treaty .

2 . The fact that there is no domestic car production in a Member State by no means precludes a finding that the taxation of cars involves discrimination prohibited by Article 95 of the Treaty since, on the domestic used-car market, vehicles bought locally and imported vehicles constitute similar or competing products . Such discrimination derives from the use, for the registration duty charged on imported used cars, of an estimated value which is generally higher than their real value, resulting in their being over-taxed in comparison with used cars bought locally which, not being subject to duty upon resale and having been subjected, when new and put on the road for the first time, only to a duty based on their real value, incorporate in their prices only a residual value of a lower level than the said registration duty .
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Fisheries - Conservation of maritime resources - Fishing quota system - Control measures - Obligations imposed on the Member State of landing or transhipment to monitor and to pursue infringements with regard to vessels flying the flag of another Member State - Counting of illegal catches against the quotas of the Member State which fails to comply with those obligations - Legality

( EEC Treaty, Art . 34; Council Regulation No 2241/87, as amended by Regulation No 3483/88, Arts 9a, 11a, 11b and 11c )

Summary

The obligation imposed on a Member State, in whose ports catches subject to quotas have been landed or transhipped by vessels flying the flag of another Member State, to supply to the flag State, if the latter should so request, information relating to such catches and to check that such vessels have on board a licence comes within the bounds of Member States' joint monitoring responsibility, which forms the basis of the Community system for the conservation of maritime resources . The legality of the Council' s introduction of that obligation cannot therefore be questioned .

Moreover, the right of a Member State, whose flag is flown by a vessel which has infringed the conservation rules, to make the landing or transhipment by that vessel of catches subject to quotas in a port of another Member State dependent on its having on board a document issued by the flag State and certifying that the vessel has been inspected not more than two months previously, cannot be described as a measure having an effect equivalent to a quantitative restriction on exports .

Finally, the obligation imposed on a Member State which records an infringement of the conservation rules during landings or transhipments in its ports to initiate proceedings against those responsible, subject to the possibility of transferring such proceedings to the flag State, if the latter so agrees, along with the prospect that catches which have been unlawfully landed or transhipped may be counted against the quotas of the Member State which has failed to comply with that obligation, also cannot be criticized, in so far as such measures are no more than the practical application of the joint responsibility of Member States to monitor the system of catch limitations .
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1 . Measures adopted by the Community institutions - Regulations - Regulation derogating from earlier legislation - Effect on validity of earlier legislation - None

2 . Agriculture - Common organization of the markets - Milk and milk products - Aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs - Award of market butter to be processed into concentrated butter - Decision taken by successful tenderer on economic grounds not to process the butter but to purchase intervention butter prior to the introduction of a derogation allowing such a substitution - Forfeiture of the tendering security - Principles of proportionality and equal treatment - Whether breached - No breach - Possibility of suspending Community rules in an individual case for reasons of fairness - None

( Commission Regulations Nos 1932/81, Art . 12(1 ), and 2661/85 )

Summary

1 . The validity of a provision of general legislation cannot be made subject to the subsequent operation of a specific regulation which derogates from the general scheme in respect of certain expressly defined situations .

2 . Under the aid scheme for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs, the fact that by virtue of Article 12(1 ) of Regulation No 1932/81 an undertaking awarded market butter for processing into concentrated butter which decides on economic grounds not to comply with its obligation forfeits the tendering security, even where it had purchased intervention butter as a substitute for the butter for which it had successfully tendered and subsequently processed it in the proper manner, cannot be regarded as disproportionate, even though such substitution was subsequently authorized by Regulation No 2661/85 .

Such forfeiture of the security is an integral feature of a system which the trader has chosen voluntarily and in its own interest, and it takes place when the risk in respect of which the security had been lodged has in fact materialized .

Nor can forfeiture of the tendering security in such circumstances be considered to be discriminatory in so far as Regulation No 1932/81 treats in the same way all successful tenderers who are in a comparable situation, particularly with regard to forfeiture of the security in one of the cases set out in Article 12(1 ).

The application of that article cannot be suspended in an individual case for reasons of fairness in such a way as to avoid forfeiture of the security, since Community law does not recognize any general principle of objective fairness and traders, in taking part voluntarily and in their own interest in tendering procedures, must themselves assume the risks inherent in such operations, provided that the Commission does not change the economic position or the legislation in force in an unforeseeable and arbitrary manner .