ddrg/super_eurlex huggingface dataset:
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1. Community law ° Principles ° Fundamental rights ° Respect for private life

2. Community law ° Principles ° Fundamental rights ° Restrictions on the exercise of fundamental rights justified in the general interest

3. Officials ° Recruitment ° Medical examination ° Aim ° Consequences of a refusal by the person concerned to agree to certain tests

(Conditions of Employment of other Servants, Arts 12 and 13)

4. Officials ° Recruitment ° Medical examination ° HIV antibody screening test ° Refusal by the person concerned ° Recourse to other tests to obtain the same information ° Breach of the right to respect for private life

(Conditions of Employment of other Servants, Arts 12 and 13)

Summary

1. The right to respect for private life, which is embodied in Article 8 of the European Convention on Human Rights and which derives from the common constitutional traditions of the Member States, is one of the fundamental rights protected by the Community legal order. It includes in particular a person' s right to keep his state of health secret.

2. Restrictions may be imposed on fundamental rights protected by the Community legal order, provided that they in fact correspond to objectives of general public interest and do not constitute, with regard to the aim pursued, a disproportionate and intolerable interference which infringes upon the very substance of the right protected.

3. The pre-recruitment medical examination, provided for by Article 13 of the Conditions of Employment of other Servants, is designed to enable the institution concerned to determine whether a member of the temporary staff fulfils the requirements of Article 12(2)(d) as to physical fitness. However, although the pre-recruitment examination serves a legitimate interest of the institution, that interest does not justify the carrying out of a medical test against the will of the person concerned. Nevertheless, if the person concerned, after being properly informed, withholds his consent to a test which the medical officer of the institution considers necessary in order to evaluate his suitability for the post for which he has applied, the institution cannot be obliged to take the risk of recruiting him.

4. To interpret the provisions relating to the pre-recruitment medical examination of a member of the temporary staff as imposing an obligation to respect a refusal by the person concerned only in relation to a specific Aids screening test but as allowing any other tests to be carried out which might merely point to the possible presence of the Aids virus would impair the scope of the right to respect for private life. Observance of that right requires the refusal of the person concerned to be respected in its entirety. Where that person has expressly refused to undergo an Aids screening test, that right precludes the institution concerned from carrying out any test liable to point to, or establish, the existence of that illness.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Concept ° Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory manner ° Article 30 of the Treaty not applicable ° Rules prohibiting the marketing other than by pharmacies of processed milk for infants ° No national production ° Irrelevant ° Conditions

(EEC Treaty, Art. 30)

Summary

The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States, provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Provided that those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty.

Those conditions are fulfilled by national legislation which reserves the sale of processed milk for infants in principle exclusively to pharmacies so that it falls outside the scope of Article 30 of the Treaty. Such legislation, the effect of which is to limit the commercial freedom of traders irrespective of the actual characteristics of the product referred to, concerns the selling arrangements for certain goods, inasmuch as it prohibits the sale, other than exclusively by pharmacies, of the aforementioned milk products and thus generally determines the points of sale where they may be distributed. Since it is applicable, moreover, without distinction according to the origin of the products in question, to all of the traders operating within the national territory, it does not affect the sale of products originating in other Member States any differently from that of domestic products.

The fact that the Member State concerned does not itself produce processed milk for infants does not undermine those findings. The applicability of Article 30 to a national measure for the general regulation of commerce, which concerns all the products concerned without distinction according to their origin, cannot depend on such a purely fortuitous factual circumstance, which may, moreover, change with the passage of time, without having the illogical consequence that the same legislation would fall under Article 30 in certain Member States but fall outside the scope of that provision in other Member States. The situation would be different only if it was apparent that the legislation in question protected domestic products which were similar to processed milk for infants from other Member States or which were in competition with milk of that type.
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Social policy - Male and female workers - Access to employment and working conditions - Equal treatment - Directive 76/207 - Article 5 - Direct effect - National provision prohibiting night-work for both men and women but providing for systems of derogations which differ on grounds of sex - Not permissible unless justified on grounds of necessary protection of women - Position of national courts with regard to obligations towards non-member countries arising under agreements concluded prior to the EEC Treaty and irreconcilable with those arising under Article 5 - Application of the rule of precedence set out in Article 234 of the Treaty

(EEC Treaty, first paragraph of Art. 234; Council Directive 76/207, Art. 5)

Summary

Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions precludes a Member State which prohibits night-work for both men and women from maintaining divergent systems of derogations which differ primarily in respect of the procedure for the adoption of derogations and of the duration of the night-work authorized, if such a difference is not justified by the need to ensure the protection of women, particularly with regard to pregnancy and maternity.

National courts are under a duty to ensure that Article 5 of the directive is fully complied with by leaving unapplied any contrary provision of national legislation, unless the application of such a provision is necessary in order to ensure the performance by the Member State concerned, pursuant to the first paragraph of Article 234 of the EEC Treaty, of obligations arising from agreements concluded with non-member countries before the entry into force of that Treaty.

However, it falls to the national court, and not to the Court of Justice in the context of a preliminary ruling, to ascertain, with a view to determining the extent to which those obligations constitute an obstacle to the application of Article 5 of the directive, what are the obligations thus imposed on the Member State concerned by an earlier international agreement and whether the national provisions in question are designed to implement those obligations.
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations not disputed

(EEC Treaty, Art. 169)
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Actions against Member States for failure to fulfil obligations - Judgment of the Court declaring that a Member State has failed to fulfil its obligations - Period for compliance

(EEC Treaty, Art. 171)

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The immediate and uniform application of Community law requires that the process of compliance with a judgment declaring that a Member State has failed to fulfil its obligations must be initiated immediately and must be completed as soon as possible.
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1. Actions for annulment of measures ° Parliament' s right to bring an action ° Conditions of admissibility ° Defence of its prerogatives ° Participation in the legislative process ° Action founded on the exclusion from the legal basis of a piece of secondary legislation of a Treaty provision not providing for such participation ° Inadmissible

(EEC Treaty, Art. 173)

2. Acts of the institutions ° Choice of legal basis ° Criteria

3. Environment ° Waste ° Regulation No 259/93 concerning shipments of waste ° Legal basis ° Article 130s of the Treaty ° Ancillary effects on the functioning of the internal market ° Replacement of an act with another legal basis ° No effect

(EEC Treaty, Arts 100, 100a, 130s; Council Regulation No 259/93; Council Directive 91/156)

Summary

1. An action for annulment brought by the European Parliament against an act of the Council or the Commission is admissible provided that the action seeks only to safeguard the Parliament' s prerogatives and that it is founded only on submissions alleging their infringement. Accordingly an action based on the plea that the legal basis for the contested act was wrongly chosen in that it was an article of the Treaty which provides only that the Parliament is to be consulted rather than an article requiring implementation of the cooperation procedure with the Parliament is admissible. However, an action based on the exclusion from the legal basis of the contested act of a provision of the Treaty which does not provide for the European Parliament to be involved in any way in the drawing up of the acts envisaged in that provision is inadmissible.

2. In the context of the organization of the powers of the Community, the choice of the legal basis for a measure must be based on objective factors which are amenable to judicial review. Those factors include in particular the aim and content of the measure.

3. Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the Community falls, in view of its aim and content, within the framework of the environmental policy pursued by the Community and cannot be regarded, any more than Directive 91/156 on waste, as seeking to implement the free movement of waste within the Community. The legislature could therefore validly exclude Article 100a of the Treaty from the legal basis of that regulation and base it on Article 130s.

It cannot be objected either that the regulation affects the movement of waste and thus has a bearing on the functioning of the internal market since recourse to Article 100a is not justified when, as in this case, the act to be adopted has only the ancillary effect of harmonizing market conditions within the Community, or that it replaces another act which was based on Article 100 of the Treaty, since such a circumstance does not necessarily mean that the regulation in question must have recourse to that provision or Article 100a, because the legal basis for an act must be determined having regard to its own aim and content.
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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Concept ° Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory manner ° Article 30 of the Treaty not applicable ° Rules on business opening hours

(EEC Treaty, Art. 30)

Summary

The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States, provided that those provisions apply to all affected traders operating within the national territory and provided that they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Where those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty.

It follows that Article 30 of the Treaty is to be interpreted as not applying to national rules on the closure of shops which apply to all traders operating within the national territory and which affect in the same manner, in law and in fact, the marketing of domestic products and of products from other Member States.
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1. Common Customs Tariff ° Customs value ° Quota charges paid by the buyer in respect of "own" quotas issued free of charge to the seller ° Included ° Quota charges in respect of third-party quotas or "own" quotas issued to the seller against payment ° Excluded ° Requirement that quota charges excluded from the customs value declaration be indicated separately ° No such requirement ° Requirement that the buyer should be able to provide proof of the type of quota charges

(Council Regulation No 1224/80)

2. Common Customs Tariff ° Customs value ° Importation of textile products from Taiwan ° Third-party quota charges ° Treated in the same way as imports from third countries generally

(Council Regulations Nos 1224/80, 4134/86 and 4136/86)

Summary

1. Regulation No 1224/80 on the valuation of goods for customs purposes, in particular Article 3(1) and (3) thereof, must be interpreted as meaning that quota charges paid by the buyer to the seller in respect of "own" quotas issued to the latter free of charge, as distinct from charges paid in respect of third-party quotas or "own" quotas issued to an exporter against payment, are included in the customs value of goods. Amounts invoiced in respect of "own" quotas issued free of charge to a seller represent fictitious quota charges which constitute in reality a disguised element of the price of the goods; their deduction from the invoiced price of the goods would entail an artificial reduction of the customs value.

Although quota charges not included in the customs value declaration need not be indicated separately, a buyer who wishes to exclude them must establish that they are third-party quotas or "own" quotas issued to the exporter against payment.

2. As regards the customs value of imports from Taiwan subject to Regulation No 4134/86 on the arrangements for imports of certain textile products originating in Taiwan, third-party quota charges must be treated in the same way as quota charges relating to imports subject to Regulation No 4136/86 on common rules for imports of certain textile products originating in third countries.
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Member States ° Obligations ° Implementation of directives ° Failure to fulfil obligations not disputed

(EEC Treaty, Art. 169)
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Acts of the institutions ° Directives ° Implementation by the Member States ° Transposal of a directive without legislative action ° Conditions ° Existence of a general legal context guaranteeing full application of the directive

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

Summary

Although legislative action on the part of each Member State is not necessarily required in order to implement a directive, it is essential for national law to guarantee that the national authorities will effectively apply the directive in full, that the legal position under national law should be sufficiently precise and clear and that individuals are made fully aware of their rights and, where appropriate, may rely on them before the national courts, that last condition being of particular importance where the directive in question is intended to accord rights to nationals of other Member States.
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Agriculture ° Common organization of the markets ° Bananas ° Import arrangements ° Tariff quota ° Allocation ° Category C operator ° Definition ° Conditions of registration

(Council Regulation No 404/93, Art. 19(1)(c); Commission Regulation No 1442/93, Arts 2(c) and 3(2))

Summary

It is clear from a comparison of the different language versions of Regulation No 404/93 on the common organization of the market in bananas and from the relationship between this regulation and Regulation No 1442/93 laying down detailed rules for the application of the arrangements for importing bananas into the Community that the definition of Category C operators contained in Article 2(c) of Regulation No 1442/93 does not differ from that contained in Article 19(1)(c) of Regulation No 404/93.

Those two provisions must be interpreted as meaning, first, that, when applying for registration under Category C, an operator must not already have developed an activity aimed at marketing bananas and, second, that an operator may apply for registration under Category C even if he intends to transfer the import licence to a third party.

Furthermore, registration as Category C operators is open to economic operators who entered into business prior to 1992 with a view to importing the bananas specified in Article 2(c) of Regulation No 1442/93 and who imported those bananas in 1992 or later.

Finally, Article 3(2) of Regulation No 1442/93, which provides that wholesalers and retailers are not to be regarded as operators, is not applicable to the concept of a Category C operator within the meaning of Article 2(c) of that regulation.
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1 Procedure - Action brought before the Court under an arbitration clause - Jurisdiction of the Court determined solely by Article 181 of the Treaty and the arbitration clause - Application of national provisions on jurisdiction - Excluded

(EEC Treaty, Art. 181; EAEC Treaty, Art. 153)

2 Procedure - Action brought before the Court under an arbitration clause - Submission to competent court of an application for conciliation prior to any legal action required by the national law applicable to the dispute - Preliminary requirement applicable to the action brought before the Court

(EEC Treaty, Art. 181; EAEC Treaty, Art. 153)

Summary

3 The Court's jurisdiction to determine a dispute concerning a contract falls to be determined solely with regard to Article 181 of the EEC Treaty, which is in the same terms as Article 153 of the Euratom Treaty, and the terms of the arbitration clause, and this cannot be affected by provisions of national law which purport to oust its jurisdiction.

4 A provision of a national law applicable to a dispute within the Court's jurisdiction pursuant to a jurisdiction clause which requires an application for conciliation to be submitted to the competent court before any legal action is taken, applies to cases brought before the Court. Thus, any action brought in disregard of this preliminary requirement is inadmissible.
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Approximation of laws ° Proprietary medicinal products ° Marketing authorization ° Abridged procedure ° Application not satisfying the conditions laid down by Directive 65/65, as amended ° Recourse to the abridged procedure not permissible ° Discretion of the competent authority ° None

(Council Directive 65/65, as amended by Directive 87/21, Art. 4, para. 2, point (8)(a)(ii); Annex to Council Directive 75/318, Parts 2 and 3; Council Directive 75/319, Arts 1 and 2)

Summary

Point (8)(a)(ii) of the second paragraph of Article 4 of Directive 65/65 concerning proprietary medicinal products, as amended by Directive 87/21, which establishes in certain circumstances an abridged procedure for the issue of marketing authorization for proprietary medicinal products and lays down the conditions under which recourse may be had to that procedure, must, having regard both to the fundamental objective of the directive, which is to safeguard public health, and to the need to ensure that recourse to simplified procedures for marketing products similar to those already authorized does not result in damage to the interests of innovative firms, be interpreted as meaning that a national authority with competence to issue national marketing authorization cannot have discretion to issue authorization under the abridged procedure when the abovementioned conditions have not been satisfied.

That means that such authorization may not be issued where the particulars and documents submitted in support of an application do not contain detailed references to published scientific literature presented in accordance with each of the requirements laid down in Parts 2 and 3 of the Annex to Directive 75/318 concerning analytical, pharmacotoxicological and clinical standards and protocols in respect of the testing of proprietary medicinal products, and where those documents do not comprise experts' reports complying with each of the requirements laid down in Articles 1 and 2 of Directive 75/319 concerning proprietary medicinal products.
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Acts of the institutions ° Statement of reasons ° Obligation ° Scope ° Provisions of Regulation No 404/93 relating to the rates of import duty on bananas and the subdivision of the tariff quota

(EC Treaty, Art. 190; Council Regulation No 404/93, Arts 18 and 19(1))

Summary

The statement of reasons required by Article 190 of the Treaty must be appropriate to the nature of the measure in question. The reasoning of the institution which adopted the measure must be stated clearly and unequivocally, so as to inform persons concerned of the justification for the measure adopted and to enable the Court to exercise its powers of review.

The statement of reasons for a measure is not, however, required to detail every relevant point of fact and law, as the question whether the statement of reasons satisfies the requirements of Article 190 must be considered with reference not only to its wording but also to its context and the whole body of legal rules governing the matter in question. Consequently, if the contested measure clearly discloses the essential objective pursued by the institution, it would be excessive to require a specific statement of reasons for each of the technical choices made by the institution.

Those requirements are satisfied in the case of Articles 18 and 19(1) of Regulation No 404/93 on the common organization of the market in bananas, which fix the rates of import duty within and without a specified tariff quota and subdivide that quota.

The recitals in the preamble to that regulation make it clear that imports not falling within the tariff quota are to be subject to sufficiently high rates of duty to ensure the disposal of Community and traditional ACP production, and unequivocally show the reasons by which the Council was guided in defining the criteria for subdividing the quota.