ddrg/super_eurlex huggingface dataset:
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1 . COMMUNITY LAW - DIRECT EFFECT - NATIONAL TAXES INCOMPATIBLE WITH COMMUNITY LAW - REPAYMENT - PROCEDURES - APPLICATION OF NATIONAL LAW - CONSIDERATION OF ANY PASSING ON OF THE TAX - PERMISSIBILITY - UNLAWFULNESS OF CERTAIN REQUIREMENTS OF PROOF UNDER WHICH THE TAXPAYER HAS TO PROVE THAT HE HAS NOT PASSED THE TAX ON

2 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - MAINTENANCE OF A NATIONAL PROVISION INCOMPATIBLE WITH COMMUNITY LAW

Summary

1 . IN THE ABSENCE OF COMMUNITY RULES CONCERNING THE REFUNDING OF NATIONAL CHARGES WHICH HAVE BEEN LEVIED IN BREACH OF COMMUNITY LAW, IT IS FOR THE MEMBER STATES TO ENSURE THE REPAYMENT OF SUCH CHARGES IN ACCORDANCE WITH THE PROVISIONS OF THEIR INTERNAL LAW . FURTHERMORE, COMMUNITY LAW DOES NOT REQUIRE AN ORDER FOR THE RECOVERY OF CHARGES IMPROPERLY MADE TO BE GRANTED IN CONDITIONS WHICH WOULD INVOLVE AN UNJUST ENRICHMENT OF THOSE ENTITLED . THUS IT DOES NOT PREVENT THE FACT THAT THE BURDEN OF SUCH CHARGES MAY HAVE BEEN PASSED ON TO THE TRADERS OR TO CONSUMERS FROM BEING TAKEN INTO CONSIDERATION .

HOWEVER, ANY REQUIREMENT OF PROOF WHICH HAS THE EFFECT OF MAKING IT VIRTUALLY IMPOSSIBLE OR EXCESSIVELY DIFFICULT TO SECURE THE REPAYMENT OF CHARGES LEVIED CONTRARY TO COMMUNITY LAW IS INCOMPATIBLE WITH COMMUNITY LAW . THIS IS PARTICULARLY SO IN THE CASE OF PRESUMPTIONS OR RULES OF EVIDENCE INTENDED TO PLACE ON THE TAXPAYER THE BURDEN OF ESTABLISHING THAT THE CHARGES UNDULY PAID HAVE NOT BEEN PASSED ON TO OTHER PERSONS OR OF SPECIAL LIMITATIONS CONCERNING THE FORM OF THE EVIDENCE TO BE ADDUCED, SUCH AS THE EXCLUSION OF ANY KIND OF EVIDENCE OTHER THAN DOCUMENTARY EVIDENCE .

2 . THE PRIMACY AND DIRECT EFFECT OF THE PROVISIONS OF COMMUNITY LAW - AS RECOGNIZED BY THE COURTS OF A MEMBER STATE - DO NOT RELEASE THE MEMBER STATE IN QUESTION FROM ITS OBLIGATION TO REMOVE FROM ITS DOMESTIC LEGAL ORDER ANY PROVISIONS INCOMPATIBLE WITH COMMUNITY LAW, SINCE THE MAINTENANCE OF SUCH PROVISIONS GIVES RISE TO AN AMBIGUOUS STATE OF AFFAIRS IN SO FAR AS IT LEAVES PERSONS CONCERNED IN A STATE OF UNCERTAINTY AS TO THE POSSIBILITIES AVAILABLE TO THEM OF RELYING ON COMMUNITY LAW .
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Community law - Principles - Legal certainty and the protection of individuals - National legislation in an area governed by Community law - Need for unequivocal wording

Summary

The principles of legal certainty and the protection of individuals require, in areas covered by Community law, that the Member States' legal rules should be worded unequivocally so as to give the persons concerned a clear and precise understanding of their rights and obligations and enable national courts to ensure that those rights and obligations are observed .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Marketing of products - Disparity between national laws - Obstacles to intra-Community trade - Whether permissible - Conditions - Necessity with regard to the mandatory requirements of Community law - Protection of the environment

( EEC Treaty, Art . 30 )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Mandatory system of returnable containers for beer and soft drinks - Justification - Protection of the environment - Whether acceptable - Requirement to use only approved containers - Disproportionate nature - Not acceptable

( EEC Treaty, Art . 30 )

Summary

1 . In the absence of common rules relating to the marketing of the products in question, obstacles to free movement within the Community resulting from disparities between the national laws must be accepted in so far as such rules, applicable to domestic and imported products without distinction, may be recognized as being necessary in order to satisfy mandatory requirements recognized by Community law and are proportionate to the aim in view, in so far as they constitute a measure which least restricts the free movement of goods . Since the protection of the environment constitutes one of the Community' s essential objectives, it is such a requirement .

2 . The obligation imposed by national legislation on manufacturers and importers, as part of a system under which the marketing of beer and soft drinks is authorized only in re-usable containers, to establish a deposit-and-return system for empty containers must be regarded as necessary to achieve the objectives pursued in relation to the protection of the environment so that the resulting restrictions on the free movement of goods cannot be regarded as disproportionate .

However, the requirement that foreign manufacturers must either use only containers approved by the national authorities, which may refuse approval even if a manufacturer is prepared to ensure that returned containers are re-used, or not market annually more than a certain volume of drinks in non-approved containers is to be regarded as disproportionate and therefore unacceptable since whilst the system of returnable non-approved containers does not ensure a maximum rate of re-use, unlike the system established for approved containers, it is capable of protecting the environment, especially as the quantity of beverages likely to be imported is limited in relation to total national consumption by reason of the restrictive effect of the requirement that containers should be returnable .
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Free movement of goods - Industrial and commercial property - Copyright - National legislation permitting the charging, on the public use of imported sound recordings, in addition to the performance royalty, of a supplementary reproduction royalty not provided for in the legislation of the Member State of origin - Permissibility

( EEC Treaty, Arts 30 and 36 )

Operative part

Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market .
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Application for a declaration that a measure is void - Natural or legal persons - Measures of direct and individual concern to them - Provisions laid down by a regulation concerning the conditions for disposing of a certain type of sugar and the supply of raw materials to the sugar refineries established in a Member State

( EEC Treaty, second paragraph of Art . 173; Council Regulation No 2225/86, Art . 3; Commission Regulation No 3214/86, Arts 2(1)(b ) and 6(b ) )

Operative part

( 1 ) Dismisses the applications as inadmissible .

( 2 ) Orders the applicant to pay the costs of the Council and of the Commission .
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AGRICULTURE - COMMON AGRICULTURAL POLICY - FOOD AID - IMPLEMENTATION - DIRECT AWARD PROCEDURE - NUMBER AND CHOICE OF TENDERERS IN COMPETITION - TENDERS INVITED AND RECEIVED BEFORE THE ENTRY INTO FORCE OF THE DIRECT AWARD PROCEDURE - NOT PERMISSIBLE

( COUNCIL REGULATION NO 2750/75, ART . 7; COMMISSION REGULATION NO 1974/80, ART . 2 ( 2 ) AND ARTS 9 AND 10 )

Summary

ARTICLE 9 OF REGULATION NO 1974/80 LAYING DOWN GENERAL IMPLEMENTING RULES IN RESPECT OF CERTAIN FOOD-AID OPERATIONS INVOLVING CEREALS AND RICE MUST BE INTERPRETED AS MEANING THAT A NATIONAL INTERVENTION AGENCY RESPONSIBLE FOR THE MOBILIZATION OF FOOD AID BY A DIRECT AWARD PROCEDURE IS NOT THEREBY PROHIBITED FROM ENSURING COMPETITION ONLY BETWEEN TWO UNDERTAKINGS WHICH HAVE ALREADY UNSUCCESSFULLY TAKEN PART IN A TENDERING PROCEDURE RELATING TO THE SAME OPERATION .

THAT REGULATION, READ IN CONJUNCTION WITH REGULATION NO 2750/75 FIXING CRITERIA FOR THE MOBILIZATION OF MATERIALS INTENDED AS FOOD AID, PRECLUDES THE BODY RESPONSIBLE FOR MOBILIZING PRODUCTS INTENDED FOR A FOOD-AID OPERATION FROM INVITING AND RECEIVING TENDERS FROM UNDERTAKINGS INTERESTED IN SUPPLYING THOSE PRODUCTS BEFORE THE ENTRY INTO FORCE OF THE COMMISSION REGULATION AUTHORIZING RECOURSE TO A DIRECT AWARD PROCEDURE FOR THE MOBILIZATION OF THOSE PRODUCTS .
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COMMON CUSTOMS TARIFF - EXEMPTION FROM IMPORT DUTIES - SCIENTIFIC INSTRUMENTS AND APPARATUS - APPRAISAL OF SCIENTIFIC CHARACTER - PROCEDURE - RIGHT OF THE PERSON SEEKING EXEMPTION TO BE HEARD - NONE

( COUNCIL REGULATION NO 918/83, ARTS 50 TO 59; COMMISSION REGULATION NO 2290/83, ART . 7 ( 2 ) TO ( 7 ))

Summary

THE PROCEDURE FOR ADOPTING COMMISSION DECISIONS ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS PROVIDED FOR IN ARTICLE 7 ( 2 ) TO ( 7 ) OF REGULATION NO 2290/83 LAYING DOWN PROVISIONS FOR THE IMPLEMENTATION OF ARTICLES 50 TO 59 OF COUNCIL REGULATION ( EEC ) NO 918/83 SETTING UP A COMMUNITY SYSTEM OF RELIEFS FROM CUSTOMS DUTY PROVIDES NEITHER FOR THE PARTICIPATION OF THE PERSON APPLYING FOR THE DUTY-FREE IMPORTATION IN THE EXAMINATION CARRIED OUT BY THE EXPERTS OF THE MEMBER STATES WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS NOR FOR ANY RIGHT ON HIS PART TO BE HEARD BEFORE THE COMMISSION ADOPTS THE DECISION ESTABLISHING WHETHER OR NOT THE APPARATUS FULFILS THE CONDITIONS REQUIRED FOR ADMISSION FREE OF CUSTOMS DUTY .
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Officials - Leave on personal grounds - Reinstatement - Place of employment not in accordance with the family interests of the official - Infringement of duty to have regard to officials' interests - None

( Staff Regulations, Art . 40 ( 4 ) ( d ) )

Summary

The administration' s duty to have regard to officials' interests does not give an official on leave on personal grounds the right to be reinstated in a vacant post at a particular place of employment according to his personal interests . His reinstatement in the first post corresponding to his grade which falls vacant in his category or service is to be effected with regard to the criteria set out in Article 40 ( 4 ) ( d ) of the Staff Regulations . While it is true that the Appointing Authority may be bound, when exercising the discretionary powers conferred upon it by that provision, to take account of important family interests, such interests cannot, however, constitute the decisive factor .
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Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Exemptions under the Sixth Directive - Exemption of the provision of care in the exercise of the medical and paramedical professions - Services provided by veterinary surgeons - Chargeable to tax

( Council Directive 77/388/EEC, Art . 13 ( A ) ( 1 ) ( c ) )

Summary

Article 13 ( A ) ( 1 ) ( c ) of Directive 77/388 concerning exemption from value-added tax of care provided in the exercise of the medical and paramedical professions must be interpreted as meaning that the exemption provided for

therein does not extend to services provided by veterinary surgeons . As is expressly indicated in most of the language versions of the directive, that provision relates to care administered to persons and excludes care administered to animals .
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Action for failure to act - Repair of failure to act after institution of proceedings - Subject-matter of action ceasing to exist - No need to give a decision

( EEC Treaty, Arts 175 and 176 )

Summary

The remedy provided for in Article 175 of the Treaty is founded on the premiss that the unlawful inaction of the Council or of the Commission enables the other institutions and the Member States and, in certain circumstances, private persons to bring the matter before the Court in order to obtain a declaration that the failure to act is contrary to the Treaty, in so far as it has not been repaired by the institution concerned . The effect of that declaration under Article 176 is that the defendant institution is required to take the necessary measures to comply with the judgment of the Court, without prejudice to any actions to establish non-contractual liability to which the aforesaid declaration may give rise .

Where the act whose absence constitutes the subject-matter of the proceedings was adopted after the action was brought but before judgment a declaration by the Court to the effect that the initial failure to act is unlawful can no longer bring about the consequences prescribed by Article 176 . It follows that in such a case, as in cases where the defendant institution has responded within a period of two months after being called upon to act, the subject-matter of the action has ceased to exist, so that there is no longer any need to give a decision .
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Free movement of goods -- Industrial and commercial property -- Patent right -- National

legislation recognizing the principle of the relative novelty of an invention -- Compatibility with

Article 36 of the Treaty -- Injunction prohibiting the importation of an infringing article --

Measure justified

(EEC Treaty, Arts 30 and 36)

Summary

In the present state of Community law, characterized by the absence of harmonization of the

patents legislation of the Member States, and in the absence of international conventions in force

providing to the contrary, Article 36 of the Treaty must be interpreted as not precluding the

application of a Member State's legislation which recognizes the principle of relative novelty and

provides that a patent granted for an invention may not be declared invalid by reason only of the

fact that the invention in question appears in a patent specification filed more than 50 years

previously. Where national law normally provides for the issue of an injunction to prevent any

infringement, that measure is justified under Article 36 in so far as it aims to preserve the actual

substance of the patent right.
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ECSC - Prices - System of minimum prices - Scope

( ECSC Treaty, Arts 60 and 61; Decision No 3715/83/ECSC )

Summary

The fixing of minimum prices by the Commission, covered by Article 61 of the ECSC Treaty, is made dependent on the condition that that institution must find that a manifest crisis exists or is imminent and that such a decision is necessary to attain the objectives set out in Article 3 of that Treaty .

The Commission exercised that power in adopting Decision No 3715/83/ECSC, which prescribes minimum prices for all transactions while providing for the possibility of derogations for undertakings bound by long-term supply contracts which submit an application for that purpose .

The scope of the system thereby set up is not limited to transactions entered into on the basis of undertakings' price lists, so that an undertaking which has failed to apply for a derogation cannot claim exemption from the imposed minimum prices on the ground that the transactions entered into with an individual buyer are special or by relying on the concept of comparable transactions contained in Article 60 of the Treaty, which relates only to the prohibition of discrimination between different buyers, especially on grounds of nationality .
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Tax provisions - Harmonization of laws - Turnover tax - Common system of value-added tax - Exemptions provided for by the Sixth Directive - Exemption for transactions consisting of the negotiation of credit - Possibility for individuals to rely upon the relevant provision in the absence of implementation of the directive - Conditions - Period concerned

( Council Directives 77/388/EEC, Art . 13 B ( d ) ( 1 ), and 78/583/EEC, Art . 1 )

Summary

In the absence of implementation of the Sixth Council Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States relating to turnover taxes, a credit negotiator may rely on the tax exemption provision contained in Article 13 B ( d ) ( 1 ) of the directive in respect of transactions carried out between 1 January 1978 and 30 June 1978 and as from 1 January 1979 if he did not pass that tax on to the person receiving his services so as to entitle that person to deduct the input tax . Such a right to deduct could arise only if the tax was passed on in accordance with the formalities prescribed by the directive in that regard and if the recipient of the services is himself subject to VAT .
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European Communities' own resources - Post-clearance recovery of import or export duties - Agricultural levies - Absence of Community rules - Application of national law - Limits - Principles of Community law - Protection of legitimate expectations - Scope

( Council Regulation No 1697/79 )

Summary

Where, in the absence of Community rules, the conditions and detailed rules for recovery by the national authorities of Community debts are determined by national law and that law does not contain a principle of protection of legitimate expectations, Community law does not preclude the application of national law in that form, provided, however, that comparable purely national debts are not treated differently .

Thus, the principle of the protection of legitimate expectations enshrined in Community law, independently of the specific provisions of Council Regulation No 1697/79 of 24 July 1979, does not require the national authorities to refrain from post-clearance recovery, pursuant to national law, of an additional agricultural levy which those authorities, following an established and unchallenged practice which was subsequently held unlawful by the Court, had not originally charged, whereas owing to that practice traders had believed in good faith that they had to pay only the amount of the levy originally charged .
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Common commercial policy - Scope - System of generalized tariff preferences - Implementation - Community tariff quotas - Apportionment into national shares - Whether permissible in view of the requirement of uniformity in trade - Conditions

Common Customs Tariff - System of generalized tariff preferences - Implementation - Community tariff quotas - Apportionment into national shares - Whether permissible under the customs union - Conditions

( EEC Treaty, Arts 9 and 113; Council Regulations No 3924/86 and No 3925/86 )

Summary

The Common Customs Tarriff, which is intended to achieve an equalization of customs charges levied at the frontiers of the Community on products imported from non-member countries, in order to avoid any deflection of trade in relations with those countries and any distortion of free internal circulation or of competitive conditions, and the definition of uniform principles for the common commercial policy, which gives rise to the regulations applying the generalized tariff preferences, involve the elimination of national disparities, whether in the field of taxation or of commerce, affecting trade with non-member countries .

A scheme whereby a Community tariff quota, opened as part of the system of generalized tariff preferences, is apportioned into national shares does not in any way serve the aim of reducing such disparities but is, on the contrary, liable to lead to distortions and deflections of trade . Nevertheless, as the common commercial policy now stands, such a scheme may be compatible with Articles 9 and 113 of the Treaty provided that certain conditions are satisfied .

First, the apportionment into national shares must be justified by administrative, technical or economic constraints which preclude the administration of the quota on a Community basis . Secondly, the apportionment scheme must include machinery to ensure that, until the overall Community quota is exhausted, goods may be imported into a Member State which has exhausted its share without having to bear customs duties at the full rate or to be rerouted via another Member State whose share has not been exhausted . Lastly, the apportionment must not impair the free movement of goods once those goods have been put in free circulation in the territory of a Member State, and in every Member State all the traders concerned must have access to the share allocated to that State .

Since they fail to observe those principles, Regulations Nos 3924/86 and No 3925/86 must be annulled, although their effects are to be considered definitive .
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Community law - Principles - Equal treatment - Discrimination on grounds of nationality - State compensation for victims of assault - Discrimination against nationals of other Member States who are entitled to freedom of movement, in particular as recipients of services - Prohibited

( EEC Treaty, Art . 7 )

Summary

The prohibition of discrimination laid down in particular in Article 7 of the EEC Treaty must be interpreted as meaning that in respect of persons whose freedom to travel to a Member State, in particular as recipients of services, is guaranteed by Community law that State may not make the award of State compensation for harm caused in that State to the victim of an assault resulting in physical injury subject to the condition that he hold a residence permit or be a national of a country which has entered into a reciprocal agreement with that Member State .
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Officials - Recovery of undue payments - Conditions - Patent overpayment - Definition

( Staff Regulations, Art . 85 )

Summary

Article 85 of the Staff Regulations, which provides that any sum overpaid is to be recovered if the fact of the overpayment was patently such that the recipient could not have been unaware of it, must be interpreted as meaning that the person concerned, far from needing to make no effort to reflect or check, is required to repay the sum where the error is one that would not escape the notice of an official exercising ordinary care, who is deemed to know the rules governing his salary .
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Common Customs Tariff - Importation free of customs duties - Scientific instruments and apparatus - Equivalence of the imported apparatus and other apparatus manufactured in the Community - Assessment - Equivalence obtained by the attachment of an accessory

( Council Regulation No 918/83, Art . 54 )

Summary

Under the conditions for exemption from customs duties on scientific instruments and apparatus laid down in Regulation No 918/83, the fact that a scientific apparatus manufactured in the Community meets the requirements of a research project only if fitted with an accessory available on the market does not affect the assessment that the latter apparatus is equivalent to an imported apparatus .
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Common Customs Tariff - Tariff headings - Composite television camera-cum-video recorder requiring an accessory to record television programmes - Classification under subheading 92.11 B - Conditions

Operative part

Subheading 92.11 B of the Common Customs Tariff must be interpreted as meaning that it includes composite apparatus incorporating within the same housing a television camera and a video recorder which is unable to record television programmes except by means of an accessory which must be obtained separated in so far as the accessory has only a secondary function in the recording of television programmes and its price is negligible in relation to the price of the composite apparatus .