ddrg/super_eurlex huggingface dataset:
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Tax provisions - Harmonization of laws - Exemptions from turnover tax and excise duty - Goods contained in travellers' personal luggage - Residual competence of Member States - Scope - Introduction of a minimum period for a stay abroad - Not permissible

( Council Directive 69/169 )

Summary

In regard to exemptions from turnover tax and excise duty granted in respect of goods contained in travellers' personal luggage, Member States retain only the restricted power conferred on them by Directive 69/169, as subsequently extended and amended . Since no provision is made in that directive for any derogation relating to the duration of journeys and the exemptions must be granted as soon as the traveller in question has had the opportunity to make purchases in another Member State, the application of those exemptions cannot be limited by a Member State to goods contained in the personal luggage of travellers arriving at its borders after a period of 48 hours outside its territory .
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Convention on jurisdiction and the enforcement of judgments in civil and commercial matters - Special jurisdiction - Action on a warranty or guarantee - Jurisdiction subject solely to the action on a warranty or guarantee being related to the main action - Action brought before the court seised of the original proceedings on the basis of Article 5(1 ) of the Convention - Included - Conditions of admissibility - Application of the procedural rules of the lex fori - Limits

( Convention of 27 September 1968, Arts 5(1 ) and 6(2 ) )

Summary

Where a defendant domiciled in a Contracting State is sued in a court of another Contracting State pursuant to Article 5(1 ) of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgment in civil and commercial matters, that court also has jurisdiction by virtue of Article 6(2 ) of the Convention to entertain an action on a warranty or guarantee brought against a person domiciled in a Contracting State other than that of the court seised of the original proceedings . To enable the entire dispute to be heard by a single court, Article 6(2 ) simply requires there to be a connecting factor between the main action and the action on a warranty or guarantee, irrespective of the basis on which the court has jurisdiction in the original proceedings .

Article 6(2 ) must be interpreted as meaning that it does not require the national court to accede to the request for leave to bring an action on a warranty or guarantee and that the national court may apply the procedural rules of its national law in order to determine whether that action is admissible, provided that the effectiveness of the Convention in that regard is not impaired and, in particular, that leave to bring the action on the warranty or guarantee is not refused on the ground that the third party resides or is domiciled in a Contracting State other than that of the court seised of the original proceedings .
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1 . Member States - Obligations - Failure to comply with obligations - - Justification - None permissible

( EEC Treaty, Art . 169 )

2 . Action against a Member State for failure to fulfil obligations - Commission' s right of action - Discretionary exercise

( EEC Treaty, Art . 169 )

3 . Action against a Member State for failure to fulfil obligations - Examination by the Court as to whether action is well founded - No adverse effects resulting from the alleged failure - Not relevant

( EEC Treaty, Art . 169 )

Summary

1 . A Member State may not plead internal circumstances in order to justify a failure to comply with obligations and time-limits resulting from Community law .

2 . Article 169 of the Treaty enables the Commission to institute proceedings for failure to fulfil obligations each time it forms the view that a Member State has failed to fulfil an obligation under Community law, without its being required to draw distinctions based on the nature and gravity of the infringement . The use of Article 169 is not limited to situations which arise from a disagreement on the interpretation to be given to the Community rules between the Commission and the authorities of the Member State whose conduct is in question .

3 . Since a Member States' non-compliance with an obligation imposed by a rule of Community law itself constitutes a failure to fulfil obligations, the fact that it had no adverse effects is irrelevant for the purpose of deciding whether an action brought under Article 169 of the Treaty is well founded .
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1 . Aid granted by States - Assessment of an aid scheme in the light of Community rules other than the rules under Article 92 of the Treaty - Infringement of the rules on a common organization of the agricultural markets - Use of the procedure under Article 169 - Permissible

( EEC Treaty, Arts 92, 93(2 ) and 169 )

2 . Agriculture - Common organization of the markets - Price formation -National measures - Incompatible with Community legislation

3 . Aid granted by States - Plans to grant or alter aid - Notification to the Commission - Obligation - Non-compliance - Use of the procedure under Article 169 - Permissible

( EEC Treaty, Arts 93(3 ) and 169 )

4 . Member States - Obligations - Cooperation in investigations into failure to fulfil obligations

( EEC Treaty, Arts 5 and 169 )

Summary

1 . The fact that Article 93(2 ) of the EEC Treaty set up a procedure specifically adapted to the special problems created by State aid with regard to competition in the common market in no way precludes the compatibility of an aid scheme in relation to Community rules other than those contained in Article 92, and in particular the rules on a common organization of the market, from being assessed under the infringement procedure under Article 169 .

2 . The common organizations of the markets are based on the concept of an open market to which every producer has free access under genuinely competitive conditions and the functioning of which is regulated solely by the instruments provided for in those organizations . In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based on a common price system, Member States can no longer take action, through national provisions adopted unilaterally affecting the machinery of price-formation as established under the common organization .

3 . The Commission may avail itself of the procedure under Article 169 of the Treaty when it seeks a finding by the Court that a Member State is in breach of Article 93(3 ) of the Treaty, which obliges Member States to inform the Commission of any plans to grant or alter aid within the meaning of Article 92 of the Treaty .

4 . Failure by a Member State to cooperate with the Commission when the Commission is investigating whether that Member State has breached its obligations in a manner liable to be the subject of proceedings under Article 169 of the Treaty constitutes an infringement of the Member State' s obligations under the first paragraph of Article 5 of the Treaty . That lack of cooperation is all the more serious if it persists before the Court, when infringement proceedings are brought .
Judgment of the Court (First Chamber) of 27 April 1989. - M. Turner v Commission of the European Communities. - Official - Staff report - Objection of inadmissibility. - Case 192/88.



European Court reports 1989 Page 01017

Pub.RJ Page Pub somm



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1.Officials - Action - Time-limits - Point from which time begins to run - Express rejection of a prior administrative complaint following, within the time-limit for bringing proceedings, an implied rejection

( Staff Regulations, Art . 91(3 ) )

2.Officials - Action - Purpose - Order directed to the administration - Inadmissibility

( Staff Regulations, Art . 91 )

Summary

1 . Where an official has submitted a complaint against his staff report on the ground of analytical assessments lower than those in the preceding report, the letter whereby the appointing authority informs him that it does not intend to improve the said assessments but proposes to remedy the deficiency in the statement of the reasons on which the report is based constitutes an express rejection of the complaint . That express rejection, after the implied rejection of the complaint but within the period for bringing proceedings which the latter rejection gives rise, causes a new period to begin to run by virtue of Article 91(3 ) of the Staff Regulations .

2.In the context of judicial review based on Article 91 of the Staff Regulations the Court has no jurisdiction to issue orders, with the result that a claim for an institution to be ordered to carry out an undertaking to amend the staff report of an official must be declared inadmissible . An obligation to that effect could result only from the annulment of the contested report .

Parties

In Case 192/88

Mrs M . Turner, represented by G . Vandersanden, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of A . Schmitt, 62 avenue Guillaume,

applicant,

v

Commission of the European Communities, represented by S . Van Raepenbusch, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of G . Kremlis, Wagner Centre, Kirchberg,

defendant,

APPLICATION for annulment of the applicant' s staff report for the period 1983-85 and for an order that the Commission carry out its undertaking to amend the report,

THE COURT ( First Chamber )

composed : of R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Dismisses the objection of inadmissibility raised against the first head of claim in Case 192/88;

( 2 ) Declares the second head of claim in Case 192/88 to be inadmissible;

( 3 ) Reserves the costs .
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Transport - Maritime transport - Freedom to provide services - Implementation subject to action by the Council - Application of national restrictive measures before the entry into force of the Community rules - Permissible

( EEC Treaty, Arts 59, 61, 62 and 84; Council Regulation No 4055/86 )

Summary

Before the entry into force of Regulation No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries, adopted by the Council on the basis of Article 84(2 ) of the Treaty, the EEC Treaty, in particular Articles 59, 61, 62 and 84, did not prevent a Member State from levying, in connection with the use by a ship of harbour installations situated in its island territory, charges on the embarkation and disembarkation of passengers arriving from or going to a port situated in another Member State, whilst in the case of travel between two ports situated within national territory those charges were levied only on embarkation at the island port .
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1 . Member States - Obligations - Article 5 of the EEC Treaty - Unilateral national measure reducing the national salaries paid to teachers seconded to the European Schools - Interference with the system adopted for financing the Community and apportioning financial burdens among the Member States - Not acceptable

( EEC Treaty, Art . 5 )

2 . Member States - Obligations - Failure to fulfil obligations - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Operative part

( 1 ) Declares that by adopting Article 2 of Royal Decree No 471 of 24 October 1986, reducing by 50% the secondment pay or the salary allowance granted to members of the teaching staff seconded to the European Schools, the Kingdom of Belgium has failed to fulfil its obligations under Article 5 of the EEC Treaty;

( 2 ) Orders the Kingdom of Belgium to pay the costs .
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1.Social security for migrant workers - Family benefits - Concept - Assistance paid to families with children aged over 16 but under 21 who are unemployed - Included

( Regulation No 1408/71 of the Council, Art . 1(u)(i ) )

2.Social security for migrant workers - Family benefits - Unemployed worker subject to the legislation of a Member State - Members of the family residing in another Member State - Entitlement to benefits provided for by the legislation applicable to the worker - Condition of entitlement to benefits equivalent to a clause requiring children to reside in the Member State providing the benefits - Inapplicable to a worker whose children fulfil an equivalent condition in the Member State in which they reside

( Regulation No 1408/71 of the Council, Art . 74 )

Operative part

Article 74 of Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community must be interpreted as meaning that where the legislation of a Member State which provides certain family benefits requires, as a condition for the grant of those benefits, that a member of the worker' s family must be registered as unemployed with the employment office for the territory in which that legislation applies, that condition must be considered to be fulfilled where the family member is registered as unemployed with the employment office of the Member State in which he resides .
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1 . Own resources of the European Communities - Post-clearance recovery of import or export duties - Amount of duties not collected equal to or greater than ECU 2 000 - National authorities seeking to effect recovery - Duty to refer the matter to the Commission - None

( Council Regulation No 1697/79, Art . 5(2 ); Commission Regulation No 1573/80, Art . 4 )

2 . Own resources of the European Communities - Post-clearance recovery of import or export duties - Error by the administration which "could not reasonably have been detected by the person liable" - Criteria for assessment

( Council Regulation No 1697/79, Art . 5(2 ) )

Summary

1 . Article 4 of Commission Regulation No 1573/80 laying down provisions for the implementation of Article 5(2 ) of Council Regulation No 1697/79 on the post-clearance recovery of import duties or export duties, is to be interpreted as meaning that, even when the amount of duties not collected is equal to or greater than ECU 2 000, the national authorities are not required to request the Commission to take a decision on the possibility of not proceeding to effect post-clearance recovery of customs duties if they consider that the conditions laid down in Article 5(2 ) of Council Regulation No 1697/79 of 24 July 1979 are not fulfilled .

2 . In order to determine whether there has been "an error ... which could not reasonably have been detected by the person liable" as referred to in Article 5(2 ) of Regulation No 1697/79 on the post-clearance recovery of import and export duties, regard must be had in particular to the nature of the error, the professional experience of the trader concerned and the degree of care which he exercised . It is for the national court to decide, on the basis of that interpretation, whether or not the error responsible for the non-collection of customs duties could have detected by the person liable .
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Member States - Obligations - Implementation of directives - Failure to implement - Justification - Not permissible

( EEC Treaty, Art . 169 )

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( 1 ) Declares that by not granting exemption from value-added tax for permanent imports from another Member State by individuals of motor vehicles for private use, trailers, motor cycles, pleasure boats and private aircraft, contrary to Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals, the Kingdom of Spain has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Kingdom of Spain to pay the costs .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Legislation prohibiting the sale of sex articles through certain outlets - Permissible

( EEC Treaty, Art . 30 )

Summary

Article 30 of the Treaty should be construed as meaning that national provisions prohibiting the sale of lawful sex articles from unlicensed sex establishments do not constitute a measure having an effect equivalent to a quantitative restriction on imports .

Legislation governing the marketing of certain products which applies without distinction to imported and domestic products and is not intended to regulate trade in goods within the Community has in fact no connection with intra-Community trade provided that the products concerned may be marketed through licensed sex establishments and other channels, that is to say through shops in which sex articles account for only an insignificant proportion of sales and which are therefore not required to be licensed, or by mail order .
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Common Customs Tariff - Customs duties - Application to counterfeit currency - Not permissible - Criminal penalties for offences - Powers of Member States

Tax provisions - Harmonization of laws - Turnover tax - Common system of value added tax - Import tax - Application to counterfeit currency - Not permissible - Criminal penalties for offences - Powers of Member States

( Council Directive 77/388, Art . 2 )

Summary

Since there is an absolute prohibition, in all the Member States, on the importation or bringing into circulation of counterfeit currency, Community law must be interpreted as meaning that no customs debt can arise upon the importation of counterfeit currency into the customs territory of the Community .

Imports of counterfeit currency into the Community are alien to the provisions of the Sixth Directive on the harmonization of the laws of the Member States relating to turnover taxes . Article 2 of that directive must therefore be interpreted as meaning that import value added tax may not be collected on the importation of counterfeit currency into the Community .

Neither of those rulings in any way affects the powers of Member States to prosecute breaches of their laws against counterfeit currency and to impose appropriate penalties, with all the consequences which such penalties imply, whether financial or otherwise .
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1 . Measures adopted by the Community institutions - Directives - Implementation by Member States - Need to ensure the effectiveness of directives - Obligations of the national courts

( EEC Treaty, Art . 5 and Art . 189, third paragraph )

2 . Freedom of movement for persons - Freedom of establishment - Companies - Directive 68/151 - Rules on nullity - Exhaustive list of cases in which nullity can arise - Obligation on the part of the national court not to allow nullity in other cases - Nullity on account of the illegality of a company' s objects - Concept of the objects of a company

( Council Directive 68/151, Art . 11 )

Summary

1 . The Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts . It follows that, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by it and thereby comply with the third paragraph of Article 189 of the Treaty .

2 . A national court hearing a case which falls within the scope of Directive 68/151 on the coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community, is required to interpret its national law in the light of the purpose and the wording of that directive in order to preclude a declaration of nullity of a public limited company on a ground other than those listed in Article 11 of the directive . Those grounds must themselves be strictly interpreted, in the light of that purpose, so as to ensure that nullity on the ground that the objects of the company are unlawful or contrary to public policy must be understood as referring exclusively to the objects of the company as described in the instrument of incorporation or the articles of association .
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Tax provisions - Harmonization of laws - Indirect taxes on the raising of capital - Waiver by a parent company of a claim against its subsidiary - Subjection to capital duty - Permissible

(Council Directive 69/335, Art. 4(2)(b) )

Summary

Where a parent company clears off a liability of a subsidiary by waiving all or part of a claim against the subsidiary, capital duty may be levied under Article 4(2)(b) of Directive 69/335 concerning indirect taxes on the raising of capital.

Owing to the taking over of all or part of the subsidiary' s losses, such a waiver represents the provision of a service which increases the assets of that company and may increase the value of its shares by helping to strengthen its economic potential.
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1 . Agriculture - Common organization of the markets - Milk and milk products - Butter in public storage - Purchase of butter intended for storage - Storage test period - Testing of the keeping quality of the butter - Testing to be carried out at the end of the test period

( Regulation No 685/69 of the Commission, Art . 6, as amended by Regulations Nos 1829/80 and 1836/86 )

2 . Decisions of the institutions - Statement of reasons - Obligation - Scope - Decision relating to the clearance of accounts in relation to expenditure financed by the EAGGF

( EEC Treaty, Art . 190 )

Summary

1 . Having regard to the aim of Article 6 of Regulation No 685/69 establishing a scheme for the purchase by intervention agencies of butter intended for public storage, namely to ensure that butter has good keeping qualities before it is finally taken over by the intervention agency and to make the seller bear the consequences of any abnormal deterioration in the quality of the butter occurring during the storage test period, the testing of the keeping qualities of the stored butter may not be carried out before the end of that period .

2 . In the particular context of the preparation of decisions relating to the clearance of accounts in respect of expenditure financed by the EAGGF, the statement of reasons for a decision not to charge to the EAGGF a fraction of the expenditure declared must be regarded as sufficient if the Member State to which that decision was addressed has been closely involved in the process by which the decision came about and is aware of the reasons for which the Commission takes the view that it must not charge the sum in dispute to the EAGGF .