ddrg/super_eurlex huggingface dataset:
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1 . Common Customs Tariff - Interpretation - Adaptable to technical progress - No

2 . Common Customs Tariff - Tarriff headings - Electronic devices designed for calculating and for other purposes - Classification, as automatic data-processing machines, in heading 84.53 - Simple programming language - Irrelevant

Summary

1 . If, as regards the classification of goods for customs purposes, technical developments justify the drawing up of a new customs classification, it is for the competent Community institutions to take account of it by amending the Common Customs Tariff . Failing such an amendment, the interpretation of the tariff cannot be adapted to changing processes . Any other interpretation would not comply with the requirements of legal certainty and the requirement that the checks which must be carried out when clearing customs should be easy to operate .

2 . Electronic devices which are essentially designed for calculating, but also for other operations, and which correspond to the criteria set out in Note 3 A ( a ) to Chapter 84 of the Common Customs Tariff, are automatic data processing machines within the meaning of tariff heading 84.53 even if they are programmable by a method that is more simple to use than, for example, the programming language BASIC .
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1 . Agriculture - Common organization of the markets - Wine - Quality wines produced in specified regions - Demarcation of production areas by the Member States - Application of criteria laid down by Community law - Review by the Commission and by the Court - Extent

( Council Regulation No 338/79, Art . 3(2 ) )

2 . Action for failure to fulfil obligations - Proof of failure - Burden on the Commission - Application for expert' s report - Not permissible

( EEC Treaty, Art . 169 )

3 . Agriculture - Common organization of the markets - Wine - Quality wines produced in specified regions - Designation on the basis of traditional conditions of production - Extension of traditional area of production - Whether permissible - Conditions

( Council Regulation No 338/79, Art . 2 )

Summary

1 . Although under Article 3(2 ) of Regulation No 338/79 it is for the national authorities to carry out the precise demarcation of the production area of quality wines produced in specified regions and although in carrying out that demarcation the national authorities necessarily have a certain discretion, the criteria which they must use for that purpose are essentially criteria laid down by Community law .

Review of that demarcation by the Commission and the Court in the exercise of the powers conferred on them by the Treaty is not confined to a simple formal verification that the Member State concerned has taken account of the criteria laid down in Community law . A verification which did not deal with whether or not the facts which were relied upon and the assessments and interpretations made of them by the national authorities were relevant and correct could not contribute to the common attempt to harmonize quality requirements or ensure the consistent application in the Member States of the Community rules on quality wines produced in specified regions .

2 . When an action is brought before the Court under Article 169 of the Treaty alleging failure by a Member State to fulfil its obligations, it is incumbent upon the Commission to prove that the obligation has not been fulfilled and it must itself provide evidence of the alleged failure . It cannot apply to the Court for an expert' s report for that purpose .

3 . Although "the traditional conditions of production" mentioned in Article 2 of Regulation No 338/79 include a traditional place of production, they do not preclude the modification and in particular extension of the traditional area of production if the areas newly included possess the same characteristics as the traditional area and are capable of producing the same wine, and the wine is produced there in the traditional manner, in particular in regard to vine varieties, cultivation methods and wine-making methods .
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Agriculture - Common organization of the markets - Milk and milk products - Aid for skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves - Aid for the processing of skimmed-milk powder - Calculation - Coefficient intended to avoid overlapping with the special aid for the processing of milk powder with a high fat content - Rules of application

( Commission Regulation No 1725/79, Arts 1(5 ) and 4(1)(a ) )

Summary

Article 1(5 ) of Regulation No 1725/79 on the rules for granting aid for skimmed-milk powder processed into compound feedingstuffs, which was introduced by Regulation No 101/85 in order to take account of any special aid received for the processing of the fat content in milk powder, cannot be interpreted as having modified the quantitative requirements in respect of the composition of such feedingstuffs which Article 4(1)(a ) lays down as a condition for the granting of the aid . Therefore, the coefficient of 0.9 for which it provides serves solely to determine the quantities of milk powder on the basis of which the aid is calculated .
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Tax provisions - Harmonization of legislation - Turnover taxes - Common system of value-added tax - Exemptions provided for by the Sixth Directive - Strict interpretation - Exemption of services supplied by independent groups of persons exercising an activity which is exempt or for which they are not taxable, for the purpose of rendering services to their members - Organization and performance by a foundation of services which are related to the activities of another foundation which qualifies for the exemption - Not permissible

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

Summary

The exemptions provided for in Article 13 of the Sixth Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States relating to turnover taxes constitute exceptions to the general principle that turnover tax is levied on all services supplied for consideration by a taxable person . Therefore, the terms used to specify the exemptions are to be interpreted strictly . Consequently, and having regard to the precise formulation of the conditions for exemption laid down in Article 13(A)(1)(f ) relating to services supplied by independent groups of persons exercising an activity which is exempt or for which they are not taxable, for the purpose of rendering services to their members, the transactions which are exempted pursuant to the aforesaid provision do not cover the activities of a foundation which consist exclusively in the organization and performance of services which are related to the activities of another foundation, against reimbursement of expenses actually incurred, where the other foundation acts as an umbrella organization for a number of bodies exercising an activity which is exempt or for which they are not taxable and, solely for those bodies, performs services as described in the aforesaid provision of the Sixth Directive .
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1 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Concept - Measures adopted by a professional body for pharmacy

( EEC Treaty, Art . 30 )

2 . Free movement of goods - Derogations - Protection of public health - Rules prohibiting pharmacists from substituting a therapeutically equivalent medicinal product for that prescribed by the doctor - Whether acceptable

( EEC Treaty, Art . 36 )

Summary

1 . Measures adopted by a professional body for pharmacy, in whose register all pharmacists must be enrolled in order to carry on their business, which lays down rules of ethics applicable to the members of the profession and which has a committee upon which national legislation has conferred disciplinary powers that could involve the removal from the said register, may, if they are capabe of affecting trade between the Member States, constitute "measures" within the meaning of Article 30 of the EEC Treaty .

2 . A national rule of a Member State requiring a pharmacist, in response to a prescription calling for a medicinal product by its trade mark or proprietary name, to dispense only a product bearing that trade mark or proprietary name may be justified under Artice 36 of the Treaty on grounds of the protection of public health even where the effect of such a rule is to prevent the pharmacist from dispensing a therapeutically equivalent product licensed by the competent national authorities pursuant to rules adopted in conformity with Community law and manufactured by the same company or group of companies or by a licensee of that company but bearing a trade mark or proprietary name applied to it in another Member State which differs from the trade mark or proprietary name appearing in the prescription .

Such a provision does not go beyond what is necessary to achieve the objective in view, which is to leave the entire responsibility for the treatment of the patient in the hands of the doctor treating him, who may often prescribe a given medicinal product for psychosomatic reasons .
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Own resources of the European Communities - Repayment or remission of import or export duties - Regulation No 1430/79 - Temporary application - Inapplicability to an application for repayment submitted after the entry into force of the regulation in respect of duties paid prior thereto - Absence of Community rules - Application of national law - Limits - General principles of Community law - National rules imposing a mandatory time-limit of three years for the submission of applications for repayment - Whether permissible

( Council Regulation No 1430/79, Art . 27 )

Summary

The provisions of Regulation No 1430/79 on the repayment or remission of import or export duties do not apply in a case where an application for repayment of import duties was submitted to the competent authorities of a Member State by an importer after that regulation had entered into force in respect of duties paid prior thereto .

In the absence of applicable Community rules, it is not contrary to the general principles of Community law for the national legislation of a Member State to provide for a mandatory time-limit of three years, where there are no grounds of force majeure to be taken into account, for the submission of all applications for repayment of duties unduly levied .
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1 . Officials - Actions - Submissions - Misuse of powers - Concept

2 . Officials - Recruitment - Competitions - Selection board - Reasoned report to be drawn up - Subject-matter

( Staff Regulations of Officials, Annex III, Art . 5, sixth paragraph )

Summary

1 . A decision is vitiated by a misuse of powers only if it appears, on the basis of objective, relevant and consistent evidence, to have been taken for purposes other than those stated .

2 . The requirement laid down in the sixth paragraph of Article 5 of Annex III to the Staff Regulations that selection boards in competitions draw up a reasoned report to be forwarded to the appointing authority with the list of suitable candidates, is intended to enable the appointing authority to exercise its discretion with judgment, which means that it needs to be informed both of the general criteria employed by the selection board and of the manner in which they were applied by the board to the persons appearing on the list of suitable candidates .
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1.Measures adopted by Community institutions - Directives - Implementation by Member States - Transposition of a directive without the enactment of legislation - Conditions - Existence of a general legal context ensuring full application of the directive - Mere administrative practices insufficient

( EEC Treaty, Art . 189, third paragraph )

2.Environment - Conservation of wild birds - Directive 79/409 - Implementation by Member States - Conditions for the grant of derogations from the prohibitions laid down in the directive

( Council Directive 79/409, Arts 5 and 9 )

3.Environment - Conservation of wild birds - Directive 79/409 - Implementation by Member States - Obligation to impose express prohibitions of means of hunting and methods of killing prohibited by the directive - Means and methods unknown in the Member States in question - Irrelevant

( Council Directive 79/409, Arts 5 and 8, Annex IV )

Summary

1.The transposition of a directive into national law does not necessarily require the provisions of the directive to be enacted in precisely the same words in a specific express legal provision, a general legal context may be sufficient if it actually ensures the full application of the directive in a sufficiently clear and precise manner . That may be the case where transposition is effected by a legislative provision serving as the basis for the adoption of administrative measures which are officially published, general in scope and capable of creating rights and obligations for individuals . In contrast, mere administrative practices, which by their nature may be changed at will by the authorities, do not constitute proper transposition .

2.This is an area where the faithful transposition of directives is particularly important, since a common heritage is at stake whose management is entrusted to the Member States as regards their respective territories . Consequently, any derogations made by the legislation of a Member State from the general prohibitions set out in Directive 79/409 in order to ensure the conservation of wild birds must be based on at least one of the reasons listed exhaustively in Article 9(1 ) of the directive and must meet the criteria laid down in Article 9(2 ), the purpose of which is to limit derogations to what is strictly necessary and to enable the Commission to supervise them .

3.The fact that certain means of hunting or means of killing which are prohibited by Directive 79/409 on the conservation of wild birds are unknown in a Member State does not release that Member State from its obligation to adopt laws or administrative procedures in order to ensure that the provisions of the directive are adequately transposed . In view of the principle of legal certainty the relevant prohibitions must be reproduced in mandatory legal provisions .
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Fishing - Common structural policy - Conservation of the resources of the sea - Fishing quota system - Regulation by a Member State of the use of its quotas - Grant of licences - Conditions for ensuring that a real economic link exists between vessels and the State concerned - Requirement for vessels to operate from national ports - Means of proof - Landing of a proportion of the vessel' s catches and its periodic presence in national ports - Whether permissible - Conditions - Amendment of the national rules relating to the grant of licences - Principle of the protection of legitimate expectation - Breach - None

( Council Regulation No 101/76, Art . 2(1 ), No 2057/82, Arts 6(1 ) and 9(1 ), No 170/83, Arts 4 and 5(2 ) and No 172/83 )

Summary

Community law as it now stands does not preclude a Member State, in issuing to one of its vessels a licence authorizing it to fish against national quotas, from laying down conditions designed to ensure that the vessel has a real economic link with that State if that link concerns only the relations between the vessel' s fishing operations and the populations dependent on fisheries and related industries or from laying down the condition, in order to ensure that there is such a link, that the vessel is to operate from national ports, if that condition does not involve an obligation for the vessel to depart from a national port on all its fishing trips .

The Member State concerned is entitled to consider that proof of compliance with that condition may be provided by the landing of a proportion of catches or by the periodic presence of the vessel in national ports and may accept, as evidence that the vessel operates from national ports, only the landing of a specified proportion of the vessel' s catches or a specified periodic presence of the vessel in national ports, provided that the frequency with which the vessel is required to be present in those ports does not impose, directly or indirectly, an obligation to land the vessel' s catches in national ports or hinder normal fishing operations .

The fact that in a Member State the conditions for granting fishing licences authorizing fishing against national quotas are made more restrictive while remaining compatible with Community law does not constitute a breach of the protection owed to the legitimate expectation of traders .
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1. Non-contractual liability - Loss - Loss for which compensation is payable - Financial and non-financial loss - Criteria for assessment

(EAEC Treaty, Art. 188, 2nd para.)

2. Non-contractual liability - Loss - Restitution - Taking into account of inflation - Entitlement to interest

Summary

1. Financial and non-financial loss suffered by a natural person following an accident involving that person in the course of works carried out for the account of the European Atomic Energy Community on a building situated in a Member State must, under the second paragraph of Article 188 of the EAEC Treaty, be assessed and made good in accordance with the general principles common to the laws of the Member States.

Although national law does not apply, compensation in respect of financial loss may be calculated by reference to the capitalization coefficient corresponding to natural life expectancy and to the rate of deduction to take account of active life expectancy on the basis of the statistical information available in the Member State concerned.

With regard to non-financial loss incurred by the victim, which includes all physical or mental suffering, the Court may grant a lump-sum amount assessed in the light of the injuries suffered and their sequelae.

2. In connection with the compensation payable in respect of loss and intended to restore as far as possible the financial position of the victim of an accident inflation subsequent to the event occasioning loss must be taken into account. The amount of compensation adjusted to take account of inflation bears interest for delayed payment at the annual rate of 8% with effect from the date of the Court' s judgment until actual payment.
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1. Measures adopted by the Community institutions - Directives - Implementation by Member States - Implementation of a directive without legislative action - Conditions - Existence of a general legal context which ensures full application of the directive

(EEC Treaty, Art. 189, third paragraph)

2. Approximation of laws - Protection of groundwater - Directive 80/68 - Need for precise implementation by Member States

(Council Directive 80/68/EEC)

Summary

1. The transposition of a directive into national law does not necessarily require the relevant provisions to be enacted in precisely the same words in a specific express legal provision; a general legal context may be sufficient if it does ensure the full application of the directive in a sufficiently clear and precise manner.

Legislation which leaves the persons subject to it in a state of uncertainty as to the extent to which they may rely on Community law does not fulfil the obligation to transpose a directive into national law.

2. Directive 80/68 seeks to ensure full and effective protection of groundwater in the Community; its transposition into national law requires precise and clear measures, and vague and general legislative provisions are not sufficient.
Judgment of the Court of 2 February 1989. - Commission of the European Communities v Italian Republic. - Failure to fulfil obligations - VAT Directive - Implementation. - Case 353/87.



European Court reports 1989 Page 00263

Pub.RJ Page Pub somm



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Member States - Obligations - Implementation of directives - Failure - Justification - Not acceptable

( EEC Treaty, Art . 169 )

Summary

A Member State cannot rely on provisions, practices or situations in its internal legal order to justify its failure to comply with obligations and time-limits resulting from Community directives .

Parties

In Case 353/87

Commission of the European Communities, represented by its Legal Adviser Giuliano Marenco and by Daniel Calleja, a member of its Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by Professor Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs, acting as Agent, assisted by Franco Favara, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy,

defendant,

APPLICATION for a declaration that by failing to adopt within the prescribed period the measures necessary to implement the Tenth VAT Directive the Italian Republic has failed to fulfil its obligations under the EEC Treaty,

THE COURT

composed of : O . Due, President, R . Joliet, T . F . O' Higgins and F . Grévisse ( Presidents of Chambers ), Sir Gordon Slynn, G . F . Mancini, F . A . Schockweiler, J . C . Moitinho de Almeida and G . C . Rodríguez Iglésias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Declares that by failing to adopt within the prescribed period the measures necessary to implement the Tenth Council Directive ( 84/386/EEC ) of 31 July 1984 on the harmonization of the laws of the Member States relating to turnover taxes, amending Directive 77/388/EEC - Application of value-added tax to the hiring out of movable tangible property - the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Italian Republic to pay the costs .
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Agriculture - Common organization of the markets - Cereals - Rice - Production refunds for the use of starch - Conditions for granting such refunds - Use of products derived solely from specified raw materials - Starch obtained partly from other products - Disallowed - Whether legal

( Council Regulation No 1009/86; Commission Regulation No 2169/86, Art . 4(3 ) )

Operative part

Article 4(3 ) of Commission Regulation No 2169/86 of 10 July 1986 laying down detailed rules for the control and payment of the production refunds in the cereals and rice sector can validly make the grant of production refunds conditional on the presentation of a declaration by the manufacturer that the starch to be used has not been produced from a raw material other than maize, wheat, rice or potatoes .
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1 . EEC Treaty - Article 235 - Scope

2.Social policy - Common vocational training policy - Adoption by the Council of legal measures providing for Community action and imposing obligations of cooperation on the Member States - Legal basis - Article 128 of the Treaty

( EEC Treaty, Art . 128 )

3.EEC Treaty - Division of powers and conditions governing their exercise - Lack of uniformity

4.Measures adopted by the institutions - Drafting procedure - Legislative measures and budgetary measures - Different procedural requirements

5.Social policy - Common vocational training policy - Adoption by the Council of an action programme for the vocational training of young people - Legal basis - Article 128 of the Treaty

( EEC Treaty, Art . 128 )

Operative part

( 1)Dismisses the application;

( 2)Orders the applicant to pay the costs, including those incurred by the intervener .