ddrg/super_eurlex huggingface dataset:
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Tax provisions - Harmonization of laws - Turnover taxes - Common system of value-added tax - Exemptions provided for in the Sixth Directive - Exemption for lettings of immovable property - Exemption for premises and sites for parking vehicles - Scope - Obligation of Member States to tax lettings not covered by the exemption

( Council Directive 77/388, Art . 13 B ( b ) )

Summary

Article 13B(b ) of the Sixth Directive ( 77/388 ) on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as meaning that the phrase "premises and sites for parking vehicles", which introduces an exception to the exemption laid down in that provision in regard to the leasing or letting of immovable property, covers the letting of all places designed to be used for parking vehicles, including closed garages, but that such lettings cannot be excluded from the exemption if they are closely linked to lettings of immovable property for another purpose which are themselves exempt from value-added tax . Member States may not exempt from value-added tax lettings of premises and sites for parking which are not covered by the exemption .
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Agriculture - Common organization of the markets - Poultry meat - Marketing standards - Water content of frozen and deep-frozen chickens, hens and cocks - Conditions under which checks are conducted - Determination by the Member States - Temporary suspension of marketing - Permissibility - Limits

( Council Regulation No 2967/76, Art . 3(2 ) )

Operative part

The second indent of the second subparagraph of Article 3(2 ) of Regulation No 2967/76 does not prohibit national rules under which any batch of goods from which a sample has been taken must be withheld from the market until the inspection procedure has been completed . Nevertheless, such a suspension of marketing may not exceed the time needed for an effective inspection .
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1.Approximation of legislation - Plant-protection products - Directive 79/117 - Effect on the application of national rules to products not covered by the directive - None

( Council Directive 79/117 )

2.Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Derogations - Protection of public health - Prohibition on the marketing and use of unapproved plant-protection products - Permissibility under the Treaty and the agreement between the EEC and Sweden

( EEC Treaty, Arts 30 and 36; EEC-Sweden Agreement, Arts 13(1 ) and 20 )

Summary

1.The court of a Member State is not bound to interpret national rules on the marketing and use of plant-protection products in the light of the wording and purpose of Directive 79/117 when applying that directive to products which, since they do not contain any of the active substances listed in the annex to the directive, are not covered by the directive, which does not fully harmonize national rules .

2.Neither Articles 30 and 36 of the Treaty, in the absence of complete harmonization in relation thereto at Community level, nor Articles 13(1 ) and 20 of the free-trade agreement between the European Economic Community and Sweden preclude national legislation prohibiting the sale, placing in stock or store or the use of a plant-protection product not authorized by such legislation and imposing a penalty in criminal law for failure to comply .
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Free movement of goods - Protocol on German internal trade - Goods originating in the German Democratic Republic imported into the Federal Republic of Germany under the special arrangements set introduced by the Protocol - Re-exportation to other Member States - Restrictive measures introduced by such States under the Protocol - Permissibility - Scope and conditions

( EEC Treaty, Protocol on German internal trade )

Summary

The Protocol on German internal trade and connected problems dated 25 March 1957 must be interpreted as prohibiting Member States from taking measures which would have the effect, de jure or de facto, of creating an absolute bar to the entry into their territory of goods coming from the Federal Republic of Germany but originating in the German Democratic Republic, save in exceptional cases where the re-exportation from the Federal Republic of Germany of goods originating in the German Democratic Republic would constitute a threat to a Member State' s economy, taken as a whole .

However, the Protocol does not preclude the introduction by Member States of a prior authorization system, even of a general nature, provided that that system constitutes in practice the only appropriate means of tackling any disturbances arising for the economies of the other Member States as a result of German internal trade .

Under such a system, authorization to import must not be discretionary; each application must be assessed in the light of the actual impact which the importation in question may have on the economic sector concerned .
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Officials - Social security - Sickness insurance - Former members of the institutions - Right to benefits - Condition - No cover under another sickness insurance scheme

( Council Regulation No 422/67/EEC, No 5/67/Euratom, as amended by the second paragraph of Art . 11 of Regulation No 2163/70; Staff Regulations of Officials, Art . 72(2 ) )

Summary

The wording of the second paragraph of Article 11 of Regulation No 422/67/EEC, No 5/67/Euratom, as amended by Regulation No 2163/70, determining the emoluments of members and former members of the Commission, the Court of Justice and the Court of Auditors, does not allow former members to be affiliated to the Community health insurance scheme if they are insured against sickness under another social security scheme, regardless of the level and conditions of cover under that latter scheme .

The second paragraph of Article 11 thus has the same scope as Article 72(2a ) of the Staff Regulations, which provides that the Community health insurance scheme is to apply to officials who left the service of the Communities before the age of 60 years "provided that they cannot obtain cover under any other public scheme of sickness insurance ". It follows that, whilst the scheme applicable to members in office is the same as that applicable to serving officials, the scheme applicable to former members who benefit either under the pension scheme provided for in Article 8 of Regulation No 422/67/EEC or under the transitional allowance provided for in Article 7 thereof, is the same as the scheme applicable to officials who have left the service of the Communities before the age of 60 years .
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1.Officials - Actions - Action against a decision rejecting a complaint - Admissibility

( Staff Regulations, Arts 90 and 91 )

2.Officials - Actions - Purpose - Order directed to the administration - Inadmissible

( EEC Treaty, Art . 176; Staff Regulations, Art . 91 )

3.Officials - Staff Regulations - Mandatory provisions - Derogations - Prohibition

4.Officials - Recruitment - Vacant post - Candidates eligible for promotion - Right to promotion - None

( Staff Regulations, Arts 29(1)(a ) and 45(1 ) )

5.Officials - Secondment in the interests of the service - Reinstatement - Right to maintenance of grade conferred in the post to which an official is seconded - None

( Staff Regulations, Art . 38 )

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the parties to bear their own costs .
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1.Common Customs Tariff - Tariff heading - Interpretation - Explanatory Notes of the Customs Cooperation Council - Authority - Limits - Interpretation by the Community legislature - Conditions

2.Common Customs Tariff - Tariff headings - Additional Note 6(a ) of Chapter 2 - Seasoned meats - Criterion for identification - Use of sensory analysis - Lawfulness

Summary

1.The Customs Cooperation Council' s interpretation of the Nomenclature for the Classification of Goods, established by the Brussels Convention of 15 December 1950, is binding on the Community when it reflects the general practice followed by the Member States, unless it is incompatible with the wording of the heading concerned or goes manifestly beyond the discretion conferred on the Customs Cooperation Council .

When the Customs Cooperation Council' s interpretation of the Nomenclature is not binding on the Community, or if it has not given an interpretation, the Community legislature has the power to interpret, by means of regulations and subject to review by the Court of Justice, the Nomenclature as it is to be applied by the Community . When exercising that power it must observe the prohibition laid down in the abovementioned Convention on making changes in the chapter or section notes in a manner modifying the scope of the chapters, sections and headings .

2.The validity of Additional Note 6(a ) of Chapter 2 of the Common Customs Tariff, which defines "seasoned meats" as uncooked meats that have been seasoned either in depth or over the whole surface of the product with seasoning either visible to the naked eye or clearly distinguishable by taste, cannot be called in question on the ground that it introduces subjective criteria and is not in accordance with an interpretation given by the Customs Cooperation Council . Addition Note 6(a ) merely specifies the criteria to be taken into account for classifying certain goods under a particular heading of the Common Customs Tariff in accordance with an interpretation given by the Customs Cooperation Council and uses criteria which, having regard to the existence of objective techniques of sensory analysis for which national and international standards have been laid down, take into consideration the objective characteristics and properties of products which can be ascertained when customs clearance is obtained .
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Agriculture - Common organization of the markets - Milk and milk products - Aid for skimmed milk processed into compound feedingstuffs and for skimmed-milk powder intended as feed for calves - Conditions for granting in the event of the use of skimmed-milk powder incorporated in a mixture - Marking of packages - Use of labels inserted in the closing device of the package - Whether permissible - Conditions

( Commission Regulation No 1725/79, Art . 4(4)(b ) )

Summary

Article 4(4)(b ) of Regulation No 1725/79 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves must - as regards the conditions applying to skimmed-milk powder incorporated in a mixture and used for the manufacture of compound feedingstuffs - be interpreted as meaning that the phrase "the package ... bears ... one or more of the following statements" allows the requisite information to be marked on labels inserted in the closing device of the package, provided that the method by which they are affixed is not such as to facilitate fraud .
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1 . Agriculture - Common organization of the markets - Beef and veal - Birth premiums for calves - Processing of applications by the authorities in the Member States - Time-limit not specified by the Community rules - Observance of a period which is reasonable in the light of the purpose of the premiums scheme

( EEC Treaty, Art . 5; Council Regulations Nos 1201/82 and 1215/83; Commission Regulation No 1262/83, Art . 1 )

2 . Community law - Principles - Legal certainty - Rules which may entail financial consequences - Time-limit for Member States to process applications for premiums financed by the EAGGF - Determination thereof and notification in due time

Operative part

( 1 ) Declares void Commission Decision 87/541/EEC of 21 October 1987 amending Decisions 87/468/EEC and 87/469/EEC on the clearance of the accounts presented by the Member States in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1984 and 1985, in so far as the Commission refused to charge to the EAGGF for 1985 an amount of LIT 19 045 553 222 presented by the Italian Republic in respect of payments of birth premiums for calves ( 1983/84 );

( 2 ) Orders the Commission to pay the costs .
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Common commercial policy - Rules governing imports of products originating in non-member countries which are parties to the Multifibre Arrangement - System of generalized tariff preferences for developing countries - Importation of tents from South Korea - Application of tariff preference ceilings and quantitative limits - Inclusion of accessories in the weight of the tents for the calculation of the tonnage imported

( Council Regulations Nos 3589/82 and 3378/82 )

Summary

With regard to tents imported from South Korea during the period of application of Regulation No 3589/82 on imports of products originating in non-member countries which are parties to the Multifibre Arrangement and Regulation No 3378/82 applying generalized tariff preferences to textile products originating in developing countries, the weight of the tents must be calculated by taking account of their accessories such as poles or pegs both for the determination of the quantitative limits and for the determination of the tariff preference ceilings .
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Social security for migrant workers - Old-age and death insurance - Calculation of benefits - Determination of the independent benefit referred to in Article 46(1 ) of Regulation No 1408/71

( Council Regulation No 1408/71, Arts 12(2 ) and 46(1 ) )

Summary

In determining the amount of the independent benefit referred to in Article 46(1 ) of Regulation No 1408/71, the competent institution of a Member State must, in accordance with Article 12(2 ) of the regulation, disregard any national provision precluding the overlapping of benefits and therefore any period of insurance completed in another Member State and take into account any administrative practice which permits derogation from the strict application of the national legislation in favour of national workers .
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1 . Agriculture - Common organization of the markets - Aid scheme - Authorization conferred on the Commission - Scope - Laying down of time-limits and of penalties

2 . Agriculture - Special measures for peas and field beans - Aid for products used in the manufacture of animal feedingstuffs - Non-compliance with the period for lodging the application for aid - Total loss of entitlement to aid - Principle of proportionality - Infringement - None

( Council Regulation No 1431/82, Art . 3 ., Commission Regulation No 2192/82, Art . 22(1 ), as amended by Regulation No 3322/82 )

Summary

1 . In the exercise of the powers conferred on it by the Council with a view to implementing a common organization of the markets in the agricultural sector, the Commission is authorized to adopt all the detailed rules of application necessary for the proper functioning of the system of aid provided for by that organization, so long as they are not contrary to the basic regulation or the implementing rules of the Council . The duty of management and supervision with which the Commission is thus entrusted entails the power to fix periods and to provide for appropriate penalties for their non-observance which may go as far as the total loss of the right to aid if observance of those periods is necessary for the proper functioning of the scheme in question .

2 . The grant of the aid provided for in Article 3 of Council Regulation ( EEC ) No 1431/82 laying down special measures for peas and field beans is dependent upon observance of the period set by Article 22(1 ) of Commission Regulation ( EEC ) No 2192/82 as amended by Regulation ( EEC ) No 3322/82, for lodging the application for aid . Even if Article 22(1 ) of Regulation No 2192/82, as amended, does not mention the possibility of a penalty or the kind of penalty which might be imposed for failure to observe the period thus laid down, compliance therewith is nevertheless essential for the proper functioning of the aid scheme and may, therefore, even having regard to the requirements of the principle of proportionality, be ensured by a penalty such as loss of entitlement to the aid .
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Social policy - Approximation of laws - Protection of employees in the event of the insolvency of their employer - Directive 80/987 - Scope - Exclusions authorized by the directive

( Council Directive 80/987, Art . 1(2 ) )

Summary

Article 1(2 ) of Directive 80/987 on the protection of employees in the event of the insolvency of their employer confers on the Member States the power to exclude from the scope of the directive, by way of exception, the claims of certain categories of employee .

When the exclusion is authorized by virtue of the special nature of the contract of employment or employment relationship, that exclusion is not conditional on the existence of a form of guarantee other than the one resulting from the directive, offering equivalent protection . However, when the exclusion is authorized precisely because there is such a guarantee, it is possible only if the employee enjoys protection which, while being based on a scheme whose detailed rules differ from those laid down by the directive, affords employees the essential guarantees set out therein .
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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Requirement of prior authorization for imports of live animals - Not permissible - Justification - Protection of public health - None

( EEC Treaty, Arts 30 and 36; Council Directive 64/432 )

Summary

A Member State which subjects imports of live animals coming from other Member States to the requirement of an import authorization, whether issued automatically or otherwise, is thereby in breach of Article 30 of the Treaty; no derogation is possible under Article 36 .

With regard to the importation of live animals other than bovine animals and swine, such a measure is disproportionate in relation to the requirements of protecting the health and life of humans and animals, since a Member State may adopt less restrictive measures such as declarations signed by the importers, accompanied if necessary by the appropriate certificates issued by the exporting Member State .

With regard to the importation of bovine animals and swine, Directive 64/432 brought about complete harmonization of the animal-health measures which Member States may adopt in the field of intra-Community trade, with the result that the only protective measures which may now be adopted are those exhaustively laid down in the directive, and recourse to Article 36 is no longer justified .
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1. Measures adopted by the Community institutions - Directives - Implementation by the Member States - Implementation of a directive without legislative action - Conditions - Existence of a general legal context which guarantees full application of the directive - Mere administrative practices inadequate

(EEC Treaty, Art. 189(3) )

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

(Council Directive 80/68)

3. Measures adopted by the institutions - Directives - Implementation by the Member States - Reliance on measures adopted by regional or local authorities - Permissibility - Limits

(EEC Treaty, Art. 189(3) )

Summary

1. The transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation; a general legal context may, depending on the content of the directive, be adequate for the purpose provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

Mere administrative practices, which are alterable at the will of the administration and are not given adequate publicity, cannot be regarded as constituting adequate compliance with the obligation imposed on Member States to whom a directive is addressed by Article 189 of the EEC Treaty.

2. Directive 80/68 seeks to protect the Community's groundwater fully and effectively by laying down specific and detailed provisions requiring the Member States to adopt a series of prohibitions, authorization schemes and monitoring procedures, which create rights and obligations for individuals, in order to prevent or limit discharges of certain substances. It must therefore be transposed in a manner which satisfies certain requirements as to precision and clarity.

3. Each Member State is free to delegate powers to its domestic authorities as it sees fit and to implement directives by means of measures adopted by regional or local authorities. That division of powers does not, however, release it from the obligation to ensure that the provisions of the directive are properly implemented in national law.
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1 . Annulment of measures - Time-limits - Point from which time starts to run - Decision neither published nor notified to the applicant - Precise knowledge of the content of and reasons for the decision - Obligation to request the whole text of the decision within a reasonable time once its existence is known

( ECSC Treaty, Art . 33, third paragraph )

2 . Annulment of measures - Action brought by an association of undertakings against an individual ECSC decision of which it is not the addressee - Decision authorizing the payment of State aid to undertakings competing with the association' s members

( ECSC Treaty, Arts 33, second paragraph, and 48 )

Summary

1 . Failing publication or notification, it is for the party who has knowledge of a decision concerning it to request the whole text thereof within a reasonable period . Subject to that proviso, the period for bringing an action begins to run only from the moment when the third party concerned acquires precise knowledge of the content of the decision in question in such a way as to enable it to exercise its right of action .

2 . An association within the meaning of Article 48 of the ECSC Treaty made up of undertakings in the steel industry of a Member State, whose purpose is to represent the common interests of its members, is concerned, within the meaning of the second paragraph of Article 33 of the ECSC Treaty, by Commission decisions authorizing the payment of State aid to competing undertakings established in another region of the Community .