ddrg/super_eurlex huggingface dataset:
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Agriculture - EAGGF - Clearance of accounts - Disallowance of expenditure arising from irregularities in the application of Community rules - Contested by the Member State concerned - Burden of proof
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Actions for failure to fulfil obligations - Proof of failure to fulfil obligations - Burden of proof on the Commission - Production of specific evidence indicative of failure - Absence

(EC Treaty, Art. 169 (now Art. 226 EC); Council Regulation No 1408/71, Art. 13(2)(f))

Summary

$$In proceedings under Article 169 of the Treaty (now Article 226 EC) for failure to fulfil an obligation, it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled and to place before the Court the information needed to enable it to determine whether the obligation has not been fulfilled.

In that regard, by merely claiming, in its application, that a Member State failed to fulfil its obligations under Article 13(2)(f) of Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community by levying contributions on pensions paid in that State in respect of an occupational disease where the persons receiving such pensions do not reside in that Member State and are no longer subject to its social security scheme, the Commission infers from that provision legal consequences which do not necessarily flow from it. It considers it to be established that the conditions for applying that provision are fulfilled, although, in order to establish the merits of that proposition, it was required to prove that those conditions are in fact fulfilled in the present case, by specifying the concrete situations in which persons receiving pensions paid in that Member State in respect of an accident at work or an occupational disease are in fact no longer subject to the social security legislation of that Member State where they have their residence in the territory of another Member State.

( see paras 38-39 )
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Procedure - Proceedings brought before the Court on the basis of an arbitration clause - Contract granting Community funding for an energy project - Right to reimbursement of an advance payment together with interest

(EC Treaty, Art. 181 (now Art. 238 EC))
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(Art. 169 of EC Treaty, Art. 169 (now Art. 226 EC))
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Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(Art. 226 EC)
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Agriculture - Common organisation of the markets - Fruit and vegetables - Producers' organisations - Imposition of fees on non-member producers of fresh products - Exemption for non-member producers of products intended for processing - Whether permissible - Infringement of the principle of non-discrimination - No infringement

(Regulation No 1035/72 of the Council, Art. 15b(1) and (8))

Summary

$$Article 15b(8) of Regulation No 1035/72 on the common organisation of the market in fruit and vegetables, as amended by Regulation No 3284/83, must be interpreted as meaning that, where a Member State has applied Article 15b(1) of that regulation, that is to say where it has made certain rules on production and marketing adopted by a producers' organisation binding on producers established in the district who do not belong to that organisation, it is entitled to exempt certain non-member producers from the payment of fees, in respect of a given product, in so far as the goods produced by them are intended for industrial processing rather than for the fresh-produce market.

Since the situations in issue are objectively different - concerning as they do products supplied to the fresh-produce market and products intended for processing - the fact that they are treated differently does not infringe the general principle of non-discrimination.

( see paras 27-28 and operative part )
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1. Social security for migrant workers - Power of the Member States to organise their social security schemes - Limits - Compliance with Community law - Treaty rules on freedom of movement for workers and European citizenship

2. Social security for migrant workers - Equal treatment - Requirement to take into account, for the purpose of the grant of an old-age pension, periods devoted to child-rearing completed in another Member State - Person who was a frontier worker at the time when the child was born

(EC Treaty, Arts 8A, 48 and 51 (now, after amendment, Arts 18 EC, 39 EC and 42 EC))

Summary

1. Although Member States retain the power to organise their social security schemes, they must none the less, when exercising that power, comply with Community law and, in particular, the Treaty provisions on freedom of movement for workers or again the freedom of every citizen of the Union to move and reside in the territory of the Member States.

( see para. 33 )

2. Articles 8a, 48 and 51 of the Treaty (now, after amendment, Articles 18 EC, 39 EC and 42 EC) require that, for the purpose of the grant of an old-age pension, the competent institution of a Member State take into account, as though they had been completed in the national territory, periods devoted to child-rearing completed in another Member State by a person who, at the time when the child was born, was a frontier worker employed in the territory of the first Member State and residing in the territory of the second Member State.

( see para. 36 and operative part )
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Agriculture - Common organisation of the markets - Export refunds - Conditions for granting - Importation of the product into the country of destination - Requirement of evidence that a product processed into another product likely to be reintroduced into the Community has been placed on the market in the non-member country of import - Not permissible

(Commission Regulation No 3665/87, Art. 5(1))

Summary

$$Article 5(1) of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products is to be interpreted as meaning that payment of an export refund cannot be made conditional on production of additional evidence of such a kind as to show that a product which, in the non-member country of import, has undergone processing regarded as substantial in that it has been used in an irreversible manner in the manufacture of another product, which is itself likely to be re-exported into the Community, has actually been placed on the market in that country in the unaltered state.

( see para. 21 and operative part )
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Member States Obligations Implementation of directives Failure to fulfil obligations not contested

(Art. 226 EC)
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Agriculture Common organisation of the markets Cereals Rice Production refunds Esterified or etherified starch Meaning of party concerned for the purposes of Article 7(5) of Regulation No 2169/86 Purchaser of esterified or etherified starch who has undertaken to his supplier to make proper use of the product Excluded Inapplicability of the penalty provided for

(Commission Regulation No 2169/86, Art. 7(5), as amended by Regulation No 165/89)

Summary

$$The term party concerned used in Article 7(5) of Regulation No 2169/86 laying down detailed rules for the control and payment of the production refunds in the cereals and rice sectors, as amended by Regulation No 165/89, is to be construed as meaning that it does not refer to a purchaser of esterified or etherified starch who has undertaken to his supplier to use that product exclusively for the manufacture of products other than those listed in Annex I to that regulation. Such a purchaser cannot therefore have imposed on him the penalty provided for in Article 7(5) of that regulation, namely, payment of an amount equal to 105% of the highest production refund applicable to the product in question during the previous 12-month period.

( see para. 28 and operative part )
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Free movement of goods Trade with non-member countries Inward processing relief arrangements Article 11 of Regulation No 1999/85 Scope Conditions for the issue of an authorisation and conditions under which the arrangements are used Power of the customs authorities unilaterally to alter the rate of yield fixed by the authorisation

(Council Regulation No 1999/85, Art. 11)

Summary

$$Article 11 of Council Regulation No 1999/85 on inward processing relief arrangements is to be interpreted as applying not only to the conditions or requirements for the issue of an authorisation under the inward processing relief arrangements but also to the conditions imposed by the authorisation on its holder for the use or functioning of those arrangements.

Consequently, the customs authority may unilaterally alter the rate of yield fixed by it at the time when the authorisation was issued where, while the arrangements are being used, the rate of yield proves to be higher than the rate fixed in the authorisation. Neither the abovementioned regulation nor the principle of legal certainty precludes such unilateral alteration even if it is proved that the customs authority was supervising and controlling the activities of the holder of the authorisation before it was issued.

( see paras 27, 36 and operative part 1-2 )
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1. Social policy Approximation of laws Transfers of undertakings Safeguarding of employees' rights Directive 77/187 Scope Taking over by an undertaking of activities operated by another undertaking following a procedure for the award of a public service contract under Directive 92/50 Included

(Council Directive 77/187, Art. 1(1))

2. Social policy Approximation of laws Transfers of undertakings Safeguarding of employees' rights Directive 77/187 Scope Transfer Definition No direct contractual link between the two undertakings Included Taking over by an undertaking of activities operated by another undertaking with no transfer of significant tangible assets between the two undertakings Excluded

(Council Directive 77/187, Art. 1(1))

Summary

1. The taking over by an undertaking of non-maritime public transport activities such as the operation of scheduled local bus routes previously operated by another undertaking, following a procedure for the award of a public service contract under Directive 92/50 relating to the coordination of procedures for the award of public service contracts, may fall within the material scope of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses, as set out in Article 1(1) of that directive.

( see para. 25, and operative part 1 )

2. Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses must be interpreted as meaning that that directive may apply where there is no direct contractual link between two undertakings which are successively awarded, following procedures for the award of public service contracts conducted in accordance with Directive 92/50 relating to the coordination of procedures for the award of public service contracts, a non-maritime public transport service such as the operation of scheduled local bus routes by a legal person governed by public law. However, in such a situation, Directive 77/187 does not apply where there is no transfer of significant tangible assets between the two undertakings.

( see para. 44, and operative part 2 )
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Tax provisions - Harmonisation of laws - Excise duty - Directive 92/12 - Chargeability of duty - Release for consumption of products subject to excise duty - Notion - Mere holding of a product subject to excise duty - Inclusion - Conditions

(Council Directive 92/12, Art. 6(1))

Summary

$$Article 6(1) of Directive 92/12 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, as amended by Directive 94/74, must be interpreted as meaning that the mere holding of a product subject to excise duty within the meaning of Article 3(1) of that directive constitutes a release for consumption where that product is held outside a suspension arrangement and duty has not yet been levied on it pursuant to the applicable provisions of Community law and national legislation.

( see paras 36, 42 and operative part )
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Tax provisions Internal taxation Taxation of motor vehicles Application of a formula for calculating the engine rating for administrative purposes which is unfavourable to vehicles incorporating a new technology, the majority of which are imported Prohibition Discriminatory or protectionist effect

(EC Treaty Art. 95(1) (now, after amendment, Article 90(1) EC))

Summary

$$By retaining and applying rules providing for the application of a formula for calculating the engine rating for administrative purposes of motor vehicles which is unfavourable in terms of taxation to vehicles incorporating a new technology, namely those fitted with a six-speed manual gearbox or five-speed automatic transmission, in so far as the majority of those vehicles are imported and such rules have discriminatory or protectionist effects in the case of vehicles manufactured in other Member States compared with similar domestic vehicles, a Member State fails to fulfil its obligations under the first paragraph of Article 95 of the Treaty (now, after amendment, the first paragraph of Article 90 EC).

( see paras 50-51 and operative part )
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Common Customs Tariff - Tariff headings - Computer sound cards - Cards with no specific function within the meaning of Note 5(E) to Chapter 84 of the Combined Nomenclature - Classification under heading 8471 of the Combined Nomenclature

Summary

$$Electronic circuit boards which enable automatic data-processing equipment and units thereof to process audio signals (sound cards), and which have no specific function within the meaning of Note 5(E) to Chapter 84 of the Combined Nomenclature, are to be classified under heading 8471 of the Combined Nomenclature, as amended by Regulation No 1153/97 amending Annex I to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

(see paras 27-28 and operative part)
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1. Free movement of goods - Quantitative restrictions -Measures having equivalent effect - Language requirements, authorised by Directive 76/768, for cosmetic products - Measures justified to protect public health

(EC Treaty, Art. 30 (now, after amendment, Article 28 EC); Council Directive 76/768, Art. 7(2))

2. Approximation of laws - Cosmetic products - Packaging and labelling - Directive 76/768 - Compulsory indication on the container and packaging of particular precautions to be observed in use - Exception - Impossible for practical reasons - Definition - Specific case

(Council Directive 76/768, Art. 6(1)(d))

Summary

1. National linguistic requirements such as those authorised by Article 7(2) of Directive 76/768 on the approximation of the laws of the Member States relating to cosmetic products, as amended by Directive 93/35, constitute an obstacle to intra-Community trade in that the products concerned must be given different labelling according to the language or languages prescribed in the Member State in which the products are marketed, thus entailing supplementary packaging costs.

Those obstacles are, however, justified by the public interest objective of protecting public health. The information which producers or distributors of cosmetic products covered by the amended Directive 76/768 are obliged to put on the product's container and packaging, save where it can be effectively conveyed by the use of pictogrammes or signs other than words, will be of no practical use unless it is given in a language which can be understood by the persons for whom it is intended.

( see paras 39-40 )

2. It is not impossible for practical reasons, within the meaning of the last sentence of Article 6(1)(d) of Directive 76/768 on the approximation of the laws of the Member States relating to cosmetic products, as amended by Directive 93/35, to set out the compulsory warnings in full on the container and packaging of a cosmetic product in the language or languages prescribed in the Member State in which it is to be marketed, where the producer or distributor wishes to label the product in nine languages, including eight official languages of the Community, for economic considerations and in order to facilitate the movement of the product within the Community, and this entails abbreviating those warnings on the container and packaging.

( see para. 42 and operative part )
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1. Actions for damages - Disputes arising from a contract for compensation concluded in the name and on behalf of the Council and the Commission by the competent national authority, in accordance with Regulation No 2187/93 providing for an offer of compensation to certain producers of milk temporarily prevented from carrying on their trade - Jurisdiction of the Court - None

(EC Treaty, Arts 178 and 215, second para. (now Art. 235 EC and Art. 288, second para, EC); Council Regulation No 2187/93)

2. Acts of the institutions - Regulations - Implementation by the Member States - Compensation contracts concluded in accordance with Regulation No 2187/93 providing for an offer of compensation to certain producers of milk temporarily prevented from carrying on their trade - Formal and procedural rules of national law - Principle of the protection of legitimate expectations - Conditions for application

(Council Regulation No 2187/93)

Summary

1. The provisions of the second paragraph of Article 215 and Article 178 of the Treaty (now the second paragraph of Article 288 EC and Article 235 EC) read in conjunction must be interpreted as meaning that the Court of Justice does not have jurisdiction to rule in disputes arising from a contract for compensation concluded in the name and on behalf of the Council and the Commission by the competent national authority, in accordance with Regulation No 2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade.

( see para. 50 and operative part 1 )

2. In the absence of any indication in Regulation No 2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade, the contracts for compensation concluded pursuant to that regulation are governed by the rules of national law, provided that their application does not prejudice the scope and effectiveness of Community law.

Moreover, Community law does not preclude the application of the principle of legitimate expectations provided for by the national legal order of the Member State concerned for the purposes of assessing the scope of contracts concluded by national authorities in the name and on behalf of the Council and Commission, provided that the Community interest is also taken into account.

( see paras 57, 63 and operative part 2-3 )
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Competition - Public undertakings and undertakings to which Member States grant special or exclusive rights - Telecommunications - Directives 90/388 and 96/19 - Voice telephony - Derogation granted to Portugal under Decision 97/310 - To be narrowly construed - Call-back service - Exclusion

(Commission Directives 90/388 and 96/19; Commission Decision 97/310)
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1. Agriculture - Common organisation of the markets - Sugar - Production quotas - Production of quotas (A and B sugar) before attribution of sugar in excess of quota (C sugar)

(Council Regulation No 1785/81, Art. 24(1), second subpara., (c))

2. Agriculture - Common organisation of the markets - Sugar - Production in excess of quota (C sugar) - Charge imposed on sugar disposed of on the internal market - Competent authority's non-observance of the time-limit - Imposition of payment of a charge - Conditions

(Commission Regulation No 2670/81, Art. 3(1) and (2))

3. Agriculture - Common organisation of the markets - Export refunds - Presentation of an export declaration after a C sugar export licence for sugar which cannot be regarded as C sugar has already been obtained - Refusal to accept retrospectively

(Commission Regulation No 3665/87, Arts 3 and 4)

Summary

1. Article 24(1)(c) of Regulation No 1785/81 on the common organisation of the markets in the sugar sector, as amended by Council Regulation No 305/91, requires an undertaking to have in fact produced a volume of sugar equal to the sum of its A and B quotas before it may attribute sugar as C sugar.

( see para. 48, and operative part 1 )

2. As a matter of principle the competent national authority is not authorised to demand that an undertaking pay a charge pursuant to Article 3(1) of Regulation No 2670/81 laying down detailed implementing rules in respect of sugar production in excess of the quota, as amended by Regulation No 3559/91, where it has not informed the undertaking of that requirement within the period prescribed by Article 3(2) of that regulation. Exceeding the time-limit may be permissible where the competent national authority, without negligence on its part, did not know the details of the undertaking's sugar production and where that lack of knowledge may reasonably be attributed to the undertaking, because it has not acted in good faith and has not complied with all the relevant provisions.

( see para. 63, and operative part 2 )

3. The competent national authority may, without infringing Articles 3 and 4 of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products or the general principles of Community law, refuse to accept retrospectively an export declaration presented for the purpose of obtaining export refunds and of extending the period allowed for supplying proof of export where, because the undertaking has applied for and obtained from that authority a C sugar export licence for sugar which it was impossible to regard as C sugar, the undertaking has neither applied for nor obtained the export refunds to which it would have been entitled if the sugar had been exported as A or B sugar.

( see para. 73, and operative part 3 )