ddrg/super_eurlex huggingface dataset:
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1 Social policy - Equal treatment for men and women in matters of social security - Matters covered by Directive 79/7 - Winter fuel payment payable to those who have reached a minimum age rather than on the basis of a lack of financial means - Included

(Council Directive 79/7, Art. 3(1))

2 Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Derogation allowed in respect of possible consequences for other benefits of different pensionable ages - Scope - Limited to forms of discrimination necessarily and objectively linked to the difference in pensionable ages - Discrimination with regard to grant of a winter fuel payment - Excluded

(Council Directive 79/7, Art. 7(2)(a))

Summary

1 Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the Directive, must be interpreted as meaning that a winter fuel payment, which is part of a statutory scheme, is covered by that directive in so far as payment of the benefit is always subject to the recipients having reached statutory retirement age and it is therefore aimed at protecting them against the risk of old age mentioned in that article. The benefit may be granted to elderly persons, even if they do not have financial difficulties, so that protection against a lack of financial means cannot be considered to be the aim of the benefit.

2 The derogation from the principle of equal treatment for men and women laid down in Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is not applicable to a benefit such as the winter fuel payment, which is subject to the condition that the recipient has reached statutory retirement age, that is to say the age of 60 for women and 65 for men.

Such discrimination is not objectively and necessarily linked to the difference in retirement age for men and women. First, from the point of view of the financial equilibrium of the social security system, it is not necessary either for the financial equilibrium of contributory pension schemes, in view of the fact that the benefits are granted under a non-contributory scheme, or for the financial equilibrium of the social security system as a whole. Secondly, from the point of view of consistency between the retirement pension scheme and the other benefit scheme, it is not required, since if the benefit is designed to provide protection against the risk of old age and must, therefore, be paid only to those above a certain age, it does not follow that that age must necessarily coincide with the statutory age of retirement and, as a result, be different for men and women.
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1. Procedure - Application initiating proceedings - Subject matter of the proceedings - Definition - Amendment in the course of the proceedings - Prohibited

(Rules of Procedure of the Court of Justice, Arts 38(1)(c) and 42)

2. Environment - Conservation of natural habitats and of wild fauna and flora - Directive 92/43 - Special areas of conservation - Obligations of Member States

(Council Directive 92/43, Art. 6(3))

Summary

1. Under Article 38(1)(c) of the Rules of Procedure of the Court of Justice parties are required to state the subject-matter of the proceedings in the application initiating proceedings. Even though Article 42 of those Rules allows, subject to specific conditions, the introduction of new pleas in law, it is not permissible for a party to alter the very subject-matter of the proceedings. It follows that the merits of an application must be determined solely in the light of the submissions made in the application initiating the proceedings.

( see para. 31 )

2. Article 6(3) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, which requires the assessment of the implications of development plans not directly connected with or necessary to the management of a site in a special area of conservation but likely to have a significant effect thereon, cannot authorise a Member State to enact national legislation which allows that environmental impact assessment obligation for development plans to be waived because of the low costs entailed or the particular type of work planned.

( see para. 39 )
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(EC Treaty, Art. 169 (now Art. 226 EC))

Summary

$$A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.

( see para. 11 )
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1. Freedom of movement for persons - Freedom of establishment - Independent commercial agents - Directive 86/653 - National rule which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register - Not permissible

(Council Directive 86/653)

2. Acts of the institutions - Directives - Implementation by the Member States - Need to ensure that directives are effective - Obligations of national courts

(EC Treaty, Art. 189, third para. (now Art. 249 EC, third para.))

Summary

1. Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents precludes national legislation which makes the validity of an agency contract conditional upon the commercial agent being entered in the appropriate register.

( see paras 14, 19 and operative part )

2. The national court is bound, when applying provisions of domestic law predating or postdating a directive, to interpret those provisions, so far as possible, in the light of the wording and purpose of the directive, so that those provisions are applied in a manner consistent with the result pursued by the directive.

( see paras 16, 19 and operative part )
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Competition - Community rules - Matters covered - Collective agreements in pursuit of social policy objectives - Collective agreement concerning sickness insurance and requiring an employer to pay employer contributions only to the insurers selected under that agreement - Sickness insurance business subcontracted to insurers - Not covered

(EC Treaty, Arts. 85 and 86 (now Arts. 81 EC and 82 EC))

Summary

$$The provisions of a collective labour agreement which relate to the sickness insurance of employees covered by the agreement and under which employer contributions may be paid only in respect of insurance taken out with insurer(s) selected in the context of implementing the agreement are compatible with Articles 85 and 86 of the Treaty (now Articles 81 EC and 82 EC).

In that regard, the fact that the sickness insurance business in question was subcontracted cannot prevent the exception from the prohibition in Article 85 of the Treaty, which was established by Albany (Case C-67/96), Brentjens' (Joined Cases C-115/97 to C-117/97) and Drijvende Bokken (C-219/97), from applying in the case of a collective labour agreement such as the one at issue. To accept such a limitation would constitute an unwarranted restriction on the freedom of both sides of industry who, when they enter into an agreement concerning a particular aspect of working conditions, must also be able to agree to the creation of a separate body for the purpose of implementing the agreement and this body must be able to have recourse to another insurer.

( see paras 26, 32 and operative part )
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Freedom to provide services - Restrictions - Rules of a Member State which make the carrying out on its territory of skilled trade work by providers of services established in other Member States subject to an authorisation procedure and entry on the trades register - Not permissible - Public interest justification - Limits

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC); Council Directive 64/427, Art. 4)

Summary

$$Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 4 of Directive 64/427 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) preclude rules of a Member State which make the carrying out on its territory of skilled trade work by providers of services established in other Member States subject to an authorisation procedure which is likely to delay or complicate exercise of the right to freedom to provide services, where examination of the conditions governing access to the activities concerned has been carried out in accordance with the directive and it has been established that those conditions are satisfied. Furthermore, any requirement of entry on the trades register of the host Member State, assuming it was justified by an overriding reason relating to the public interest with regard to guaranteeing the quality of skilled trade work and of protecting those who have commissioned such work, should neither give rise to additional administrative expense nor entail compulsory payment of subscriptions to the chamber of trades.

( see paras 38, 41, 49 and operative part )
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Free movement of goods Quantitative restrictions Measures having equivalent effect National rule prohibiting the marketing of a cheese without rind under the designation Emmenthal Application to products imported from another Member State Not permissible Justification None

(EC Treaty, Art. 30 (now, after amendment, Art. 28 EC))

Summary

$$Article 30 of the Treaty (now, after amendment, Article 28 EC) precludes a Member State from applying to products imported from another Member State, where they are lawfully produced and marketed, a national rule prohibiting the marketing of a cheese without rind under the designation Emmenthal in that Member State.

In so far as it is applied to imported products, such legislation is likely to make their marketing more difficult and thus impede trade between Member States. It is true that Member States may, for the purpose of ensuring fair trading and the protection of consumers, require the persons concerned to alter the description of a foodstuff where a product offered for sale under a particular name is so different, in terms of its composition or production, from the products generally understood as falling within that description within the Community that it cannot be regarded as falling within the same category. However, where the difference is of minor importance, appropriate labelling should be sufficient to provide the purchaser or consumer with the necessary information. Even if the difference in the maturing method between Emmenthal with rind and Emmenthal without rind were capable of constituting a factor likely to mislead consumers, it would be sufficient, whilst maintaining the designation Emmenthal, for that designation to be accompanied by appropriate information concerning that difference. In those circumstances, the absence of rind cannot be regarded as a characteristic justifying refusal of the use of the Emmenthal designation.

( see paras 25-26, 30-31, 33-35 and operative part )
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1. Appeals - Procedural requirements - Proof that authority has been properly conferred on a lawyer by someone authorised for the purpose - Not applicable

(Rules of Procedure of the Court of Justice, (Arts 38(5)(b) and 112(1)))

2. Competition - Community rules - Infringement by an undertaking - Attribution to another undertaking having regard to the economic and legal links between them - Conditions

(EC Treaty, Art. 85(1) (now Art. 81(1) EC))

Summary

1. By virtue of Article 112(1) of the Rules of Procedure of the Court of Justice, which refers solely to Article 38(2) and (3), Article 38(5)(b) of those rules, under which a legal person governed by private law must annex to his application proof that the authority granted to the applicant's lawyer has been properly conferred on him by someone authorised for the purpose, is not applicable to appeals.

( see para. 15 )

2. The anti-competitive conduct of an undertaking can be attributed to another undertaking where it has not decided independently upon its own conduct on the market, but carried out, in all material respects, the instructions given to it by that other undertaking, having regard in particular to the economic and legal links between them.

( see para. 27 )
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Tax provisions Harmonisation of laws Turnover taxes Common system of value added tax Deduction of input tax Taxable person carrying out both taxable and exempt transactions Tax on services acquired in order to effect a transfer of a totality of assets or part thereof Member State not regarding such a transfer as a supply of goods Right to deduct Conditions

(Council Directive 77/388, Arts 5(8) and 17(5))

Summary

$$Where a Member State has made use of the option in Article 5(8) of the Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes, so that the transfer of a totality of assets or part thereof is regarded as not being a supply of goods, the costs incurred by the transferor for services acquired in order to effect that transfer form part of that taxable person's overheads and thus in principle have a direct and immediate link with the whole of his economic activity. If, therefore, the transferor effects both transactions in respect of which value added tax is deductible and transactions in respect of which it is not, it follows from Article 17(5) of the Sixth Directive 77/388 that he may deduct only that proportion of the value added tax which is attributable to the former transactions. However, if the various services acquired by the transferor in order to effect the transfer have a direct and immediate link with a clearly defined part of his economic activities, so that the costs of those services form part of the overheads of that part of the business, and all the transactions relating to that part of the business are subject to value added tax, he may deduct all the value added tax charged on his costs of acquiring those services.

( see para 42 and operative part )
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1. Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Choice of Formula B - Economic operator liable to pay levy - Purchaser - Member States substituted for the purchasers during the actions brought by the latter to contest the sums due - Excluded

(Commission Regulation No 1546/88)

2. Agriculture - Common agricultural policy - EAGGF financing - Principles - Member States under an obligation to use due diligence

(EC Treaty, Art. 5 (now Art. 10 EC); Council Regulation No 729/70, Art. 8(1) and (2))

Summary

1. It is clear from the mechanism introduced by Regulation No 1546/88 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation No 804/68 that, whilst the Member State is required to pay over the amounts collected by it to the Commission, it is not itself liable to pay the additional levy. The Community rules on the additionallevy do not provide for the Member State to be substituted for the purchaser as the person liable where that purchaser has recourse to remedies under the applicable national procedures in order to resist payment of the amounts claimed from him in respect of the additional levy. Such substitution of the Member State for the purchaser as the person liable to pay, even for a period co-terminous with the proceedings before courts, presupposes the existence of a legal basis laying down the conditions for such substitution.

( see para. 37 )

2. The Member States must respect the obligation of general diligence in Article 5 of the Treaty (now Article 10 EC), as specifically embodied in Article 8(1) and (2) of Regulation No 729/70 on the financing of the common agricultural policy, with regard to the financing of the common agricultural policy. That obligation implies that the Member States must take steps to rectify irregularities promptly.

( see para. 40 )
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Action for failure to fulfil obligations - Examination by the Court of the merits - Situation to be taken into account - Situation prevailing at the end of the period laid down in the reasoned opinion

(EC Treaty, Art. 169 (now Art. 226 EC))

Summary

$$In an action under Article 169 of the Treaty (now Article 226 EC), the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes

( see para. 12 )
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1. Environment - Deliberate release into the environment of genetically modified organisms - Directive 90/220 - Consent to placing on the market - Discretion of the competent national authority

(Council Directive 90/220, as amended by Commission Directive 97/35, Arts 13(2) and (4), 16(2) and 21)

2. Acts of the institutions - Commission decision concerning the placing on the market of genetically modified organisms - Collateral challenge before a national court in proceedings directed against a national implementation measure - Obligation on the national court to make a reference to the Court for a preliminary ruling - Grant of suspension of application of the national measure - Permissibility

(EC Treaty, Art. 177, paras 2 and 3 (now Art. 234, paras 2 and 3, EC); Council Directive 90/220, as amended by Commission Directive 97/35, Art. 12(1) and (2))

Summary

1. Directive 90/220 on the deliberate release into the environment of genetically modified organisms, as amended by Directive 97/35, is to be interpreted as meaning that, if, after an application for placing a GMO on the market has been forwarded to the Commission, no Member State has raised an objection, in accordance with Article 13(2) of that directive, or if the Commission has taken a favourable decision under paragraph (4) of that provision, the competent authority which forwarded the application, with a favourable opinion, to the Commission must issue the consent in writing, allowing the product to be placed on the market. However, if in the meantime the Member State concerned has new information which leads it to consider that the product for which notification has been received may constitute a risk to human health and the environment, it will not be obliged to give its consent, provided that it immediately informs the Commission and the other Member States about the new information in order that, within the period laid down in Article 16(2) of Directive 90/220, a decision may be taken in the matter in accordance with the procedure provided for in Article 21 of that directive.

( see para 47, operative part 1 )

2. Where the national court finds that, owing to irregularities in the conduct of the examination of the notification by the competent national authority provided for in Article 12(1) of Directive 90/220 on the deliberate release into the environment of genetically modified organisms, as amended by Directive 97/35, it was not proper for that authority to forward the dossier with a favourable opinion to the Commission as provided for in paragraph (2) of that provision, that court must refer the matter to the Court of Justice for a preliminary ruling if it considers that those irregularities are such as to affect the validity of the Commission's favourable decision, if necessary ordering the suspension of application of the measures for implementing that decision until the Court of Justice has ruled on the question of validity.

( see para. 57, operative part 2 )
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Common Customs Tariff - Tariff headings - Product made by adding rennet to skimmed milk and made up of 54% water, 0.9% fat, 5.7% phosphorous and 2% salt and casein - Classification under tariff subheading 0406 90 11 of the Combined Nomenclature

Summary

$$The Combined Nomenclature is to be interpreted as meaning that a product made by adding rennet to skimmed milk and made up of 54% water, 0.9% fat, 5.7% phosphorous and 2% salt and casein must be classified under tariff subheading 0406 90 11 Other cheese: - For processing.

The explanatory notes to the Combined Nomenclature, as regards tariff subheadings 3501 10 10 to 3501 10 90, whose content is compatible with the provisions of that nomenclature and does not alter their scope, provide that caseins are classified under those subheadings when they contain 15% or less by weight of water. Otherwise, they are classified under heading 0406. Since the product does not appear to fall under any other subheading in particular and it is intended for processing, subheading 0406 90 11 Other cheese: - For processing seems to be the most appropriate classification.

( see paras 17, 19 to 24 and operative part )
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Tax provisions - Harmonisation of laws - Turnover taxes - Common system of value added tax - Option for the Member States to maintain certain exemptions on a transitional basis - Scope - Exemption for international passenger transport by air and taxation of international passenger transport by coach - Breach of the principle of equal treatment - None

(Council Directive 77/388, Art. 28(3)(b))

Summary

$$In the present state of harmonisation of the laws of the Member States relating to the common system of value added tax, the Community principle of equal treatment does not preclude legislation of a Member State which on the one hand, in accordance with Article 28(3)(b) of Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes, in the version of Directive 96/95 amending, with regard to the level of the standard rate of value added tax, Directive 77/388, continues to exempt international passenger transport by air, and on the other hand taxes international passenger transport by coach.

( see para. 40 and operative part )
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Agriculture - Common organisation of the markets - Wine - Compulsory distillation of table wine - Article 39(3), (4) and (11) of Regulation No 822/87 and Regulation No 343/94 - Assessment of validity - Whether the Community legislation relating to the obligation on Italian producers to distil certain quantities of table wine during the 1993/94 wine year is unlawful - Not unlawful

(Council Regulation No 822/87, Art. 39(3), (4) and (11); Commission Regulation No 343/94)

Summary

$$The validity of Article 39(3), (4) and (11) of Regulation No 822/87 on the common organisation of the market in wine, as amended by Regulation No 1566/93, or of Regulation No 343/94 opening compulsory distillation as provided for in Article 39 of Regulation No 822/87 and derogating for the 1993/94 wine year from certain detailed rules for the application thereof is not affected by the contention that a significant difference in the ratio between the quantities available and normal consumption for the 1993/94 wine year compared with the reference years was not established in adopting Article 1 of Regulation No 343/94 and that the duty to state reasons was therefore infringed, the contention that the adjustment of the reference percentage calculated by the Commission for that wine year is misconceived, the contention that the method of calculating the adjustment of the reference percentage, as established by Regulation No 1972/87, is unlawful or the contention that the scheme for the compulsory distillation of table wine in its entirety is, and always has been, unsuited to market conditions.

( see paras 11, 13 and operative part )