ddrg/super_eurlex huggingface dataset:
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Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7 ° Derogation allowed in respect of the determination of statutory pensionable age ° Scope ° Inclusion of forms of discrimination linked to the existence of different pensionable ages ° Discrimination with regard to the length of contribution periods

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

Summary

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 must be interpreted as authorizing the determination of a statutory pensionable age which differs according to sex for the purposes of granting old-age and retirement pensions and also forms of discrimination which are necessarily linked to that difference.

Inequality between men and women with respect to the length of contribution periods required in order to obtain a pension of an identical amount constitutes such discrimination where, having regard to the financial equilibrium of the national pension system in the context of which it appears, it cannot be disassociated from a difference in pensionable age.

In view of the advantages allowed to women by national pension systems, in particular as regards statutory pensionable age and length of contribution periods, and the disruptions which would necessarily be caused to the financial equilibrium of those systems if the principle of equality between the sexes were to be applied from one day to the next in respect of those periods, the Community legislature intended to authorize the progressive implementation of that principle by the Member States and that progressive nature could not be ensured if the scope of the derogation authorized by Article 7(1)(a) were to be interpreted restrictively.
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Acts of the institutions ° Directives ° Implementation by the Member States ° Mere administrative practices insufficient

(EEC Treaty, Art. 189, third paragraph)

Summary

Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting proper fulfilment of the obligations of the Member States to which a directive is addressed under Article 189 of the Treaty.
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1. Approximation of laws ° Proprietary medicinal products ° Directive 65/65 ° Definition of a medicinal product "by virtue of its presentation" ° Scope

(Council Directive 65/65, Art. 1(2), first subpara.)

2. Community law ° Principles ° Fundamental rights ° Freedom of expression ° Impairment as a result of a definition of medicinal product "by virtue of its presentation" ° None

(Council Directive 65/65, Art. 1(2), first subpara.)

3. Approximation of laws ° Proprietary medicinal products ° Product not covered by the definition of medicinal product laid down by Directive 65/65 ° Submission, by the Member States, to their domestic rules governing medicinal products ° Permissibility ° Limits

(EEC Treaty, Art. 30 et seq.; Council Directive 65/65, Art. 1(2))

Summary

1. A product recommended or described as having prophylactic or therapeutic properties is a medicinal product "by virtue of its presentation" within the meaning of the first subparagraph of Article 1(2) of Directive 65/65 on proprietary medicinal products, even if it is generally regarded as a foodstuff and even if in the current state of scientific knowledge it has no known therapeutic effect.

A product whose therapeutic properties are indicated solely in a publication, such as a brochure, which is sent, at his request, to the purchaser after sale by the manufacturer or the seller of the product or by a third party ° where the third party does not act completely independently of the manufacturer or the seller ° may be categorized as a medicinal product within the meaning of the aforementioned provisions.

2. Freedom of expression, enshrined in Article 10 of the European Convention on Human Rights, which is among the general principles of law the observance of which is ensured by the Court, is not affected by the fact that the publication by a third party, with regard to products which the manufacturer or the seller does not market as medicinal products, of information ascribing to them therapeutic or prophylactic effects may have the effect of bringing those products within the category of medicinal products, as laid down by the definitions set out in Article 1 of Directive 65/65, with all the consequences relating thereto.

3. A product which is not a medicinal product within the meaning of the provisions of Article 1(2) of Directive 65/65 on proprietary medicinal products may, subject to Article 30 et seq. of the Treaty concerning products imported from other Member States, be subject in the domestic law of a Member State to the rules governing medicinal products.
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1. Free movement of goods ° Customs duties ° Charges having equivalent effect ° Internal taxation ° Compulsory contribution constituting a parafiscal charge applied to domestic and imported products but benefiting only the former ° Basis for classification ° Article 30 of the Treaty not applicable

(EEC Treaty, Arts 12, 30 and 95)

2. Free movement of goods ° Customs duties ° Charges having equivalent effect ° Internal taxation ° Treaty rules ° Direct effect

(EEC Treaty, Arts 12, 13 and 95)

3. State aid ° Concept ° Compulsory contribution constituting a parafiscal charge applied to domestic and imported products but benefiting only the former ° Included ° Conditions ° Jurisdiction of the national courts ° Scope

(EEC Treaty, Arts 92 and 93)

Summary

1. A compulsory contribution constituting a parafiscal charge, applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the burden borne by those products, constitutes a charge having an effect equivalent to customs duties prohibited by Article 12 of the Treaty. If those advantages only partly offset the burden borne by domestic products, such a charge constitutes discriminatory taxation within the meaning of Article 95 of the Treaty, the collection of which is prohibited as regards the proportion used to offset the burden borne by domestic products.

A parafiscal charge of that kind, being governed by Article 12 et seq. or Article 95 of the Treaty, is not governed by Article 30 thereof.

2. Articles 12, 13 and 95 of the Treaty have direct effect and create rights for individuals which the national courts must protect.

3. A compulsory contribution constituting a parafiscal charge, applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the burden borne by those products, may, depending on how the revenue from it is used, constitute State aid incompatible with the common market if the conditions for the application of Article 92 of the Treaty are met, that being a matter for the Commission to determine in accordance with the procedure laid down for that purpose in Article 93 of the Treaty. In that respect, regard must be had to the jurisdiction of the national courts where, in introducing that charge, the Member State concerned failed to comply with its obligations under Article 93(3) of the Treaty, and where a Commission decision under Article 93(2) of the Treaty has found the levying of the charge as a method of financing State aid to be incompatible with the common market.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Legislation prohibiting retailers from opening their premises on Sundays ° Whether permissible

(EEC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays.

Such legislation, which is not intended to regulate the flow of goods and affects the sale of both domestic and imported products, pursues an aim which is justified under Community law; it reflects certain choices relating to particular national or regional socio-cultural characteristics and it is for the Member States to make those choices in compliance with the requirements of Community law, in particular the principle of proportionality. As far as that principle is concerned, the restrictive effects on Community trade which might result from such rules would not appear to be excessive in relation to the aim pursued.
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Social security for migrant workers ° Family allowances ° Orphans' benefits ° Benefits payable by the State of residence ° Amount of benefit paid in the State of residence lower than that provided for under the legislation of another Member State ° Entitlement to supplementary benefit ° Calculation ° Benefits which must be taken into account

(Council Regulation No 1408/71, Art. 78(2)(b)(i))

Summary

The term "benefits" for orphans in Article 78(1) of Regulation No 1408/71 must be construed as referring to all benefits intended under the applicable national system for the maintenance of orphans, whatever the character and designation of those benefits may be.

Consequently, Article 78(2)(b)(i) must be interpreted as meaning that, for the purposes of calculating a supplementary benefit payable under that provision, the competent institution must take into account a family supplement ° which, in view of the criteria governing its payment under the legislation of the Member State in which the orphan resides, constitutes a family allowance which must go towards the orphan' s maintenance ° and the proportion of the total survivor' s pension paid to the surviving spouse of a migrant worker which, according to that legislation, is intended for the maintenance of the orphan. However, the increase provided for by the legislation of the Member State of residence in order to raise the survivor' s pension to the statutory minimum in that State is not to be taken into consideration by the competent institution for the purposes of that calculation, in so far as the surviving spouse of the migrant worker is entitled to that increase independently of the existence of dependent children, whether or not they are orphans.
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1. Preliminary rulings ° Jurisdiction of the Court ° Acts adopted by the institutions ° Agreements of the Community ° Convention on a Common EEC/EFTA Transit Procedure ° Arrangements adopted by the Joint Committee established by the Convention ° No binding effect ° Not relevant

(EEC Treaty, Art. 177, first para., subpara. (b))

2. International agreements ° Convention on a Common EEC/EFTA Transit Procedure ° Identification of goods ° Methods

(Convention on a Common EEC/EFTA Transit Procedure)

3. International agreements ° Convention on a Common EEC/EFTA Transit Procedure ° Identification of goods ° Methods ° Derogations ° Competent authority

(Convention on a Common EEC/EFTA Transit Procedure)

4. Preliminary rulings ° Jurisdiction of the Court ° Limits

(EEC Treaty, Art. 177)

Summary

1. The arrangements adopted for the application of the Convention on a Common EEC/EFTA Transit Procedure by the Joint Committee established under that Convention are, because of their direct link to the Convention, part of the Community legal order, so that the Court has jurisdiction to give a preliminary ruling on their interpretation.

The fact that such arrangements do not have binding effect does not preclude the Court from ruling on their interpretation. Although they cannot confer upon individuals rights which are enforceable before national courts, the national courts are nevertheless obliged to take them into consideration in order to resolve disputes submitted to them, especially when they are of relevance in interpreting the provisions of the Convention.

2. Articles 11(4) and 15(2) of the Convention on a Common EEC/EFTA Transit Procedure do not preclude the Joint Committee established by that Convention from adopting a recommendation that the identification of goods is to be ensured by sealing when the customs office of entry into the EFTA Member State is not the office of destination.

3. Article 11(4) and Article 15(2)(b) of the Convention on a Common EEC/EFTA Transit Procedure, read in conjunction with Article 65(d) of Appendix II to the Convention, do not preclude a higher customs authority of a Member State from establishing the general framework within which the authority conferred upon the office of departure to dispense with the sealing obligation is to be exercised.

4. In the context of proceedings brought under Article 177 of the Treaty the Court does not have jurisdiction to rule on the compatibility of a national measure with Community law.
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1. Tax provisions ° Harmonization of laws ° Taxes other than turnover taxes affecting the consumption of manufactured tobacco ° Article 5 of Directive 72/464 ° Scope ° Fixing of the selling price by a public authority in disregard of the principle that manufacturers and importers are free to determine it ° Not permissible ° National legislation ambiguous in regard to that principle ° Incompatible with Article 5 of the directive

(Council Directive 72/464, Art. 5)

2. Action for failure to fulfil obligations ° Subject-matter of dispute ° Determination during the pre-litigation procedure ° Subsequent extension ° Not permissible

(EEC Treaty, Art. 169)

Summary

1. Article 5(1) of Directive 72/464 lays down the principle that manufacturers and importers are free to determine the maximum retail selling prices of manufactured tobacco. Subject to the implementation of national legislation regarding the control of price levels or the observance of imposed prices, it does not authorize the Member States to fix the prices in question in disregard of that general principle.

Consequently, a Member State which retains legislation which does not expressly indicate and does not clearly entail an obligation on the part of the competent administrative authority to observe, under the conditions and within the limits laid down by the directive, the principle that manufacturers and importers are free to determine the maximum prices of manufactured tobacco imported into that State is in breach of its obligations under the aforementioned provision.

2. In the case of an action for failure to fulfil obligations, the pre-litigation stage defines the subject-matter of the dispute, which cannot subsequently be extended. The opportunity for the Member State concerned to submit its observations constitutes an essential guarantee required by the Treaty and is an essential formal requirement for the legality of the procedure for a declaration that a Member State has failed to fulfil its obligations.
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Freedom of movement for persons ° Freedom of establishment ° National rules concerning the method for transcribing a Greek name in the Roman alphabet ° Permissible ° Limits

(EEC Treaty, Art. 52)

Summary

There is nothing in the Treaty to preclude a Member State which uses the Roman alphabet from transcribing a Greek name in Roman characters in its registers of civil status. Where it undertakes such transcription, it is for that State to adopt legislative or administrative measures laying down the detailed rules for such transcription, in accordance with the prescriptions of any international conventions relating to civil status to which it is a party. Such rules are to be regarded as incompatible with Article 52 of the Treaty only in so far as their application causes a Greek national such a degree of inconvenience as in fact to interfere with his freedom to exercise the right of establishment enshrined in that article.

Such interference occurs if a Greek national is obliged by the legislation of the State in which he is established to use, in the pursuit of his occupation, a spelling of his name derived from the transliteration used in the registers of civil status if that spelling is such as to modify its pronunciation, with the risk that potential clients may confuse him with other persons.
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1. Social security for migrant workers ° Community legislation ° Persons covered ° Members of the family of a worker ° Benefit awarded on grounds other than the status of member of the family of a worker ° Regulation No 1408/71 not applicable

(Council Regulation No 1408/71, Arts 2 and 3)

2. Freedom of movement for persons ° Workers ° Equal treatment ° Social advantages ° Concept ° Disability allowances ° Grant of benefit by the Member State of residence to a national of another Member State, formerly an official of an international organization in favour of dependent offspring ° Nationality condition ° Not permissible

(Council Regulation No 1612/68, Art. 7(2))

Summary

1. Articles 2 and 3 of Regulation No 1408/71 must be interpreted as meaning that they cannot be relied upon by the dependent offspring of a migrant worker in order to claim a disability allowance provided for under national legislation as a right in person and not by reason of the beneficiary' s status as a member of a worker' s family.

Under that regulation the members of the family of a worker can claim only derived rights, that is to say rights acquired as a member of the family of a worker.

2. The concept of a social advantage referred to in Article 7(2) of Regulation No 1612/68 comprises all advantages which, whether or not linked to a contract of employment, are generally granted to national workers because of their objective status as workers or by virtue of the mere fact of their residence on the national territory and whose extension to workers who are nationals of other Member States therefore seems likely to facilitate the mobility of such workers within the Community.

Since that is so in the case of disability allowances, a national of a Member State who was formerly an official of an international organization can rely on the right to equal treatment guaranteed by the abovementioned provision in order to obtain an adult disability allowance provided for under the legislation of the Member State in which he resides, where that is not his country of origin, for the benefit of that person' s dependent offspring. No condition as to the possession by the beneficiary of the nationality of the State of residence may be raised to defeat that claim since such a condition, even if it applies equally to the offspring of national workers, is incompatible with the requirement of equal treatment, inasmuch as it is more easily satisfied by the offspring of national workers than by the offspring of migrant workers.
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Agriculture ° Common organization of the markets ° Milk and milk products ° Additional levy on milk ° Allocation of reference quantities exempt from the levy ° Producers who suspended their deliveries under the system of non-marketing and conversion premiums ° Grant of a special reference quantity ° Partial transfer of a holding ° Assumption by the transferee of the transferor' s non-marketing undertaking ° Division of the special reference quantity in proportion to the land transferred

(Council Regulation No 1078/77 and Art. 3a(2), third subpara., of Council Regulation No 857/84, as amended by Regulation No 764/89)

Summary

The third subparagraph of Article 3a(2) of Regulation No 857/84 adopting general rules for the application of the levy referred to in Article 5c of Regulation No 804/68 in the milk and milk products sector, as amended by Council Regulation No 764/89, must be interpreted as meaning that, in the event of the transfer of part of a holding where the transferee agrees to observe the non-marketing undertaking made by the transferor under Regulation No 1078/77, the special reference quantity may be divided between the transferor and the transferee on the basis of the proportion of the land transferred.

That interpretation does not prejudice the rights of the transferor, since it is not inconsistent with the principle of proportionate allocation found in all the provisions relating to the transfer of reference quantities in the event of the transfer of part of a holding and allows respect for the transferee' s legitimate expectations to be reconciled with the overriding necessity of maintaining market stability.
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1. Free movement of goods ° Customs duties ° Charges having equivalent effect ° Internal taxation ° Parafiscal charge levied on domestic and imported products but benefiting only domestic products ° Basis for classification ° Offsetting of charges levied on domestic products ° Article 30 of the Treaty not applicable

(EEC Treaty, Arts 12, 30 and 95)

2. State aid ° Concept ° Parafiscal charge levied on domestic and imported products but benefiting only domestic products ° Included ° Conditions

(EEC Treaty, Arts 92 and 93)

Summary

1. A parafiscal charge applicable without distinction to domestic and imported products constitutes a charge having an effect equivalent to a customs duty prohibited under Article 12 of the Treaty if the revenue from it is appropriated wholly to finance advantages exclusively benefiting domestic products, thereby fully offsetting the burden on them. If, on the other hand, that revenue is used only partially to provide such advantages, which thus offset only part of the burden on domestic products, the charge will constitute discriminatory taxation prohibited by Article 95 of the Treaty. In that regard, the criterion of the offsetting of the burden on the domestic product is to be construed as requiring financial equivalence, to be verified over a reference period, between the total amount of the charge imposed on domestic products and the advantages exclusively benefiting those products.

Since such a parafiscal charge is governed by Article 12 et seq. or Article 95 of the Treaty, it does not fall within the scope of Article 30 thereof.

2. The use of the revenue from a parafiscal charge applicable without distinction to domestic and imported products to finance advantages exclusively benefiting domestic products, thereby offsetting the burden on them, may constitute a State aid incompatible with the common market if the conditions set out in Article 92 of the Treaty are fulfilled; however, such a determination is a matter for the Commission and may be made only after the procedure provided for in that regard by Article 93 of the Treaty.